13-3-502 - Requirements for moving single family residence from one foundation to another.

13-3-502. Requirements for moving single family residence from one foundation to another.

(a)  No single family residence shall be moved from an existing foundation to another foundation located within a developed area of single family residences unless:

     (1)  The residence to be moved is consistent with the age, value, size and appearance of existing residences within the developed area of single family residences to which the single family residence is to be moved; provided, that the value of the house may be greater than that of the existing residences and the size of the house may be larger than that of the existing residences; and

     (2)  Approval for the movement of the single family residence to a foundation within a developed area of single family residences has been given by:

          (A)  The home owners' association of the development where the residence is to be moved, if a home owners' association is in existence;

          (B)  A neighborhood association where the residence is to be moved that has been in existence for more than one (1) year prior to the date the residence is to be moved, if a neighborhood association is in existence in the area;

          (C)  The regional planning commission, if a regional planning commission is in existence in the area where the residence is to be moved, and subdivision (a)(2)(A) or (B) does not apply;

          (D)  The municipal planning commission, if a municipal planning commission is in existence in the municipality where the residence is to be moved and subdivision (a)(2)(A), (B) or (C) does not apply; or

          (E)  The municipal or county legislative body in the jurisdiction where the residence is to be moved, and subdivision (a)(2)(A), (B), (C) or (D) does not apply.

(b)  As used in this section, “single family residence” does not include manufactured or modular homes as manufactured or modular homes are defined in § 47-9-102, § 55-1-105, or title 68, chapter 1, parts 1-4.

[Acts 2007, ch. 246, § 3; 2008, ch. 860, § 1.]