Sylva officials extend moratorium on modular homes in R-1 residential areas

By Lynn Hotaling

The moratorium, set to expire Friday, will continue through April 15. The decision to lengthen the ban on modular construction in R-1, R-1A and R-1B zoning districts was unanimous among the four town board members present. (Eldon Cabe missed the called meeting due to illness.)

The consensus of the town board seemed to be to require plans for modular homes in R-1 districts to be approved by Sylva's appointed planning board. The sticking point was how to write guidelines on which to base subjective decisions.

Planning board Chairman Larry Nestler spoke during the public hearing on the proposed zoning ordinance change.

"If the idea is not to have a home that looks like a trailer next to a house that's stick-built, then I think you need appearance guidelines," Nestler said. If town officials alter only the ordinance's definition of a modular home, manufacturers of modulars that resemble trailers will find a way to meet that definition, Nestler said.

Nestler proposed requiring planning board approval on a case-by-case basis for modulars in R-1 districts.

"It should be the easiest of decisions," Nestler said. "We're not concerned with how homes look - we're only concerned they don't look like trailers."

Mayor Brenda Oliver recommended passing new wording for the zoning code Monday night with the understanding a written set of standards would subsequently be compiled.

The change Oliver proposed enacting would have amended the zoning code to read:

"A modular home is a single-family dwelling, consisting of a series of rooms and/or panels constructed and inspected off-site in accordance with North Carolina State Building Code and transported to its ultimate site and assembled on a permanent foundation. Modular homes may consist of one or more stories. If less than two stories, it shall have no less than two separate roof lines with all roof pitches being a minimum of 5:12 and must gain the approval of Sylva's planning board."

Should that language be adopted by the board, the changes to the existing code definition of modular homes would be mandating a minimum roof pitch, requiring more than one roof line and stipulating planning board approval.

Board member Maurice Moody proposed tabling the matter until April and extending the moratorium until April 15, since the moratorium didn't appear to be penalizing anyone.

"We don't have anyone we're holding up," Moody said. "Why don't we give the planning board until our April meeting."

Moody didn't object to having planning board members approve modular home plans but said there ought to be a set of written guidelines.

"If you can come up with appropriate standards to ensure consistency, then that's a reasonable way," he said.

Town attorney Eric Ridenour said it would be hard to write design standards to regulate good taste.

"It's not an easy task," Moody said. "You have to try to be fair and at the same time protect the investment of adjacent homeowners."

Sylva officials enacted the moratorium Oct. 31 after a group of Possum Holler residents submitted a petition objecting to the planned construction of several homes they say resemble doublewide trailers.

Possum Holler, which is bounded by Morris and King streets, is zoned R-1, a classification that prohibits mobile homes but allows modular housing. Neighbors objected to the appearance of a modular home built last year by Morris Street resident Jack Garrett because they say it looks like a doublewide trailer.

The Garretts are in the process of constructing a similar home, which was permitted before town officials imposed the moratorium on new modular construction.

Town board members said when they enacted the moratorium that they wanted to give the planning board time to revisit the issue and refine the description of the types of modular homes allowed in R-1 districts.

Another public hearing on the matter will be held prior to the Thursday, April 3, town board meeting. A decision on a new definition and appearance criteria for modular homes in R-1 districts is expected that night.

Back to Archive: 02/27/03.