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ATTORNEY GENERAL'S OPINION CITIES: ZONING ORDINANCES: MANUFACTURED HOMES: manufactured homes within a district providing ordinances are complied with. Minn. Laws 1982, Mr. Robert J. Schaefer Moorhead City Attorney Box 779 Moorhead, MN 56560 Zoning ordinance may not prohibit location of other applicable uniform non - discriminatory Ch. 490, 0 2 (Minn. Stat. 8 462.357, Subd. 1). November 10, 1982 59a -32 Cr. Ref. 477b -34) Dear Mr. Schaefer: In your letter to Attorney General Warren Spannaus you relate substantially the following: FACTS The City of Moorhead has passed a zoning ordinance-regulating the location of manufactured homes within its jurisdiction by specifically designating those residential classification districts where manufactured homes may be located and those where such types of housing may not be located. You then ask substantially the following question. QUESTION Is an ordinance restricting the location of manufactured homes to certain residential classification districts and denying their placement in other districts permissible in light of Minn. Laws 1982, Ch. 490, 8 2 (Minn. Stat. 8 462.357, Subd. 1)? OPINION re answer your question in the negative. In our opinion Minn. Laws 1982, Ch. 490, 8 2 (Minn. tat. 8 462.357, Subd. 1) clearly prohibits a city from restricting the location of manu- actured homes from any residential classification districts within its jurisdiction so long s those homes are in conformance with Minn. Stat. IS 327.31 to 327.35 and comply with other pplicable zoning ordinances. '.inn. Laws 1982, Ch. 490, 8 2 (Minn. Stat. 8 462.357, Subd. 1) provides: No regulation may prohibit earth sheltered construction as defined in Section 116H.02, Subdivision 3, or manufactured homes built in conformance with Sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. nis provision expressly prohibits the exclusion of earth sheltered or manufactured homes :'om residential districts and makes no mention of selective placement of those types of )using among the residential districts of a given community. Without providing any exceptions, is only reasonable to assume that the legislature intended to prohibit discrimination ;ainst that type of housing solely because of being manufactured housing.1/ 1is is not to say that other reasonable non - discriminatory reulati.or:e, or ordinances p,.ssed in ;cordance with Minn. Stat. 8 462.357, Subd. 1 and which apply to all forms of housing within particular zone may be circumvented. Rather,'these restrictions remain applicable to inufactured housing as well as other conventional forms of housing, as is clearly stated in .nn. Laws 1982, Ch. 490, S 2 (Minn. Stat. 8 462.357, Subd. 1). What is expressly prohibited, )wever, is any attempt to restrict the location of manufactured housing solely because it is tnufactured in accordance with Minn. Stat. 86 327.31- 327.35. In our view, this includes the legation of manufactured homes to certain designated residential areas. Yours very truly, WARREN SPANNAL'S Attorney General LARRY D. STARNS Special Assistant Attorney General 1. Testimony of Representative Voss before the (louse General. Legislation and Veteran's fairs Committee subcommittee on housing, February 11 and 15, 1982. 2 '2