<strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong> 2010LouisianaLouisiana Revised Statutes 51:911.21, et seq, is the State’s“Uniform Standards Code for Manufactured Housing”.Modular homes are built to the Louisiana State UniformConstruction Code, which is the International Building Code(IBC) standards, the same code that applies to site-built homes.A major difference between modular and manufactured homes isthe HUD requirement that manufactured homes be constructedon a permanent chassis. While it has been said that the HUDcode is more performance based than the IBC, there are similaritiesbetween the two. Modular homes are mostly built withinlarge factory buildings. The houses or components <strong>of</strong> such arethen transported to a site where construction is completed.While modular homes might be transported again, just likeolder wood homes on piers, they really are not meant to bemoved around. In Louisiana, modular homes must be installedby a licensed residential contractor.The Louisiana Revised Statutes defines modular housingseparately in Title 40. In post Katrina-Rita Louisiana, interest inmodular homes increased as people searched for ways to quicklyreplace the massive number <strong>of</strong> homes lost during the two storms.The Louisiana Speaks project, an attempt <strong>of</strong> the state’s LouisianaRecovery Authority to develop a recovery plan for the state’shardest hit regions, included the publication “Louisiana SpeaksPattern Book” by Urban Designs Associates. The report containsthe following definition for modular house.“Modular House: Houses composed <strong>of</strong> multiple, factory-builtunits, or modules, that are up to 90% finished when shipped fromthe factory to the house site. Walls, floors, ceilings, stairs, and someinterior work are built in a conditioned factory. The modules areindividually shipped on flat-bed trailers to the site where they areplaced by crane on permanent foundations. Mechanical, electrical,and pluming are roughed-in at the factory and finished on-site.” 3Excerpt from the Louisiana Revised Statutes51.911.22. DefinitionsAs used in this Part, unless the context requires a different definition:(1) “Code” means the National Manufactured Home Construction and Safety Standards Act <strong>of</strong> 1974, 42 USC 5401 et seq., asamended, and federal regulations promulgated pursuant thereto, along with any construction or installation-related standardsadopted by the Louisiana Manufactured Housing Commission.(4)(a) “Developer” means any person, group <strong>of</strong> persons, firm, partnership, corporation, association, company, or legal entity whosells or <strong>of</strong>fers for sale to the public a lot together with a manufactured home permanently installed and fixed on a foundation onthe lot and designed as a single family residence. For purposes <strong>of</strong> this Part, “developer” shall include “contractors” and “residentialcontractors” as defined in R.S. 37:2157.(b) “Developer” shall not include an individual selling his personal residence, or a real estate broker or real estate salesman retainedby a person to sell a manufactured home together with a lot on which the manufactured home has been installed and fixed on afoundation.(5) “Manufactured home” and “manufactured housing” means a factory-built, residential dwelling unit constructed to standardsand codes, as promulgated by the United States Department <strong>of</strong> Housing and Urban Development (HUD), under theNational Manufactured Housing Construction and Safety Standards Act <strong>of</strong> 1974, 42 U.S.C. §5401 et seq., as amended.Further, the terms “manufactured home” and “manufactured housing” may be used interchangeably and apply to structuresbearing the permanently affixed seal <strong>of</strong> the United States Department <strong>of</strong> Housing and Urban Development or to factory-built,residential dwellings that are mounted on a chassis.(6) “Manufactured home broker” means an individual agent who acts as an intermediary or negotiator between a buyer and a seller.(7) “Manufacturer” means any person who manufactures manufactured housing.(8) “Mobile home” means a factory-built, residential dwelling unit built to voluntary standards prior to the passage <strong>of</strong> theNational Manufactured Housing Construction and Safety Standards Act <strong>of</strong> 1974. This term includes and is interchangeablewith the term “house trailer”, but does not include the term “manufactured home”, as only manufactured homes are built t<strong>of</strong>ederal construction standards.(d) A developer, or a contractor licensed as a developer under the provisions <strong>of</strong> R.S. 51:911.24, or a real estate broker or real estatesalesman retained by a person to sell a manufactured home together with immovable property on which the manufactured home islocated.(e) A manufactured housing community or park owner that sells less than three manufactured homes in a twelve-month period,provided the community or park owner has owned and leased the manufactured home being sold for more than one year.3Louisiana Recover Authority; Louisiana Speaks Booklet18
2010 <strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong>Modular housing is built to look more like permanenthousing than its older predecessors, manufactured or mobilehomes. The post-storm flurry <strong>of</strong> interest in modular homesresulted in a variety <strong>of</strong> modular home designs that resembledtraditional homes typical to <strong>South</strong> Louisiana, popularly knownas “Katrina Cottages.”Regardless <strong>of</strong> the nature <strong>of</strong> the construction, all commercialand industrial buildings must meet the state building codes andthe Life Safety Code (fire protection standards.) Many <strong>of</strong> thedefinitions above are designed for those used for homes as firecodes and other factors will be used in determining the suitability<strong>of</strong> manufactured or modular buildings for commercial activities.In fact, use <strong>of</strong> modular homes in commercial enterprises is notnew. There are many examples <strong>of</strong> prefabricated buildings beingused for storage, small <strong>of</strong>fices and other commercial activities.The construction <strong>of</strong> the building, as long as it meets all relevantbuilding, fire and floodplain codes, is less important than itsappearance, in particular when used in historic districts. In suchcases appearance or aesthetic codes are important.Excerpt from Louisiana Revised Statutes40:1730.71. Installation <strong>of</strong> modular housingA. Installation <strong>of</strong> a modular home with a value <strong>of</strong> less thanthirty-seven thousand five hundred dollars shall be donepursuant to the Louisiana State Uniform ConstructionCode. Installation shall be done by a contractor licensed bythe Louisiana Manufactured Housing Commission underR.S. 51:911.26 et seq. who may obtain local permits for theinstallation.B. Installation <strong>of</strong> a modular home with a value equal to orgreater than thirty-seven thousand five hundred dollarsshall be done pursuant to the Louisiana State UniformConstruction Code. Installation shall be done by a residentialbuilding contractor licensed by the State LicensingBoard for Contractors under R.S. 37:2150 et seq.C. For the purposes <strong>of</strong> this Section, the value <strong>of</strong> the installationshall not include the cost <strong>of</strong> the component parts <strong>of</strong> themodular home in the condition each part leaves the factory.The seller shall maintain an itemized list <strong>of</strong> all other relatedcosts. The installer, if not the seller, shall also maintain anitemized list <strong>of</strong> all installation costs.D. For the purposes <strong>of</strong> this Section, “modular home” meansa structure designed for residential occupancy, designedand constructed to the standards <strong>of</strong> the Louisiana StateUniform Construction Code, which is manufacturedin one or more sections in a factory for installation ona permanent foundation at its final location. The termdoes not include manufactured housing as defined bythe National Manufactured Housing Construction andSafety Standards Act <strong>of</strong> 1974, 42 U.S.C.A. §§5401-5426.Misconceptions Regarding Modular HomesRelative to the issue <strong>of</strong> modular homes, many participantsused the words mobile, modular and manufactured homes interchangeably.Interviewed subjects used the term “modular home”when explaining the nature <strong>of</strong> the moratorium. However, Resolution1550 adopted by the city council on May 18, 2010 usesthe terms “mobile home” and “manufactured home” interchangeably.The city code enforcement staff explained that while thereseems to be some confusion on the correct term, the true intent<strong>of</strong> the resolution is to address the issue <strong>of</strong> modular and/or manufacturedhomes being placed in R-3 residential districts.<strong>City</strong> <strong>of</strong> <strong>Thibodaux</strong>All new homes located in <strong>Thibodaux</strong>, regardless <strong>of</strong> themanner in which these are built, must meet the wind standards<strong>of</strong> the state building code, HUD and the city’s floodplainmanagement codes. New homes built or installed in <strong>Thibodaux</strong>must be designed to meet the standards required for Wind ZoneIII. Homes must also be properly elevated and tied down.The <strong>Thibodaux</strong> <strong>Zoning</strong> Ordinance does not distinguishbetween mobile, manufactured, or modular homes. The one definitionis for “Dwelling, Mobile.” The definition seems to be allinclusive. Mobile homes are prohibited in both R-1 and R-2Districts. One mobile home per lot is allowed in R-3 and R-4Districts. Mobile and manufactured homes may have difficultymeeting the standard city lot size. <strong>Thibodaux</strong>’s R-3 minimumsize lot is 6,000 square feet with a minimum width <strong>of</strong> 60 feet atthe front building line. This will make it difficult for the newermanufactured homes which may be 80 feet long to fit on a 100feet deep lot and still meet all <strong>of</strong> the setback requirements, 20feet front yard, etc. The R-4 District has a smaller minimum lotsize <strong>of</strong> 5,000 square feet with a minimum frontage <strong>of</strong> 50 feet.This no doubt results in the need for variances to accommodatesuch structures. Modular homes on the other hand are typicallydesigned to be permanently situated on a site-built foundationand are built with city lots in mind.Mobile or manufactured homes are not prohibited in theC-1 District which is the historic <strong>Central</strong> Business District.This may cause some conflicts between the desires to protect theunique architectural and historic aspects <strong>of</strong> the older businessdistrict with the placement <strong>of</strong> modern appearing mobile, manufacturedor even modular homes in the District. The C-3 Districtcontains a clause regarding replacement <strong>of</strong> a nonconformingmobile home. The mobile home cannot be replaced with anothermobile home in a C-3 area within six (6) months <strong>of</strong> the time itwas removed. Mobile home parks are allowed in C3 Zones. Itseems they may be allowed in R-4 and C-1 Districts as there areno exclusions for such. However, this again would conflict withthe C-1 goal <strong>of</strong> protecting the historic downtown.19