02-09-1983 Council Agenda - Laserfiche WebLink

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industry has built homes that had to meet the state building code (until 1975), or HUD construction and safety standards (since 1976). The typical flat - roofed, metal -clad, single -wide mobile home of the past has given way to pitched roof, double -wide manufactured homes that have a variety of attractive sidings. Manufactured homes built since 1976 are generally more fire resistant and better insulated than state building code requirements for stick -built homes. Finally, manufactured homes are generally the lowest -cost housing per square foot available. In today's economy they offer the opportunity to provide good quality, affordable housing. Rep. Voss said one reason he sponsored the legislation was that many cities around the state had effectively prohibited manufactured housing from locating in their communities. He noted that not only did zoning ordinances prevent manufactured housing in single - family neighborhoods, relegating them to mobile home parks, but that only one new mobile home park had been permitted to open in the Metropolitan Area in the last two years. He said manufactured homes offer safe, affordable housing and should not be treated as second class housing. The legislation prohibits such unfair discrimination against manufactured housing. It requires that it should be treated like any other single - family housing in local zoning ordinances. Addicks said the League of Minnesota Cities (LMC) lobbied against the legisla- tion in 1981 and 1983. The results were that the legislation passed was a significant improvement over earlier drafts. He reported that the LMC staff had prepared an "information" bulletin in July 1982 on "manufactured homes -- . notes and ordinances" which is available to local officials. He said that in his opinion, the law clearly prohibited cities and counties from forcing manufactured homes that are HUD certified into mobile home parks. He noted that cities and counties can still regulate manufactured housing, but that such regulations must be applicable to all single - family housing such as minimum width, length and square footage requirements. He said ordinances that establish minimum roof pitch aimed at circumventing the law and prohibiting manufactured homes in a community would probably be unacceptable to the courts. In conclusion, the 1982 law requires that manufactured homes be treated like any other single - family homes in a community. A zoning ordinance may establish a minimum house width such as 20 feet, which would have the effect of eliminating single -wide manufactured houses. but only if the requirement is applicable to all single - family homes in r'tat district. An ordinance may require a basement or storm shelter, but only if the requirement is applicable to all homes in the district. ATTORNEY GENERAL'S OPINION ON MOORHEAD The City of Moorhead passed a zoning ordinance amendment regulating the location of manufactured homes within its jurisdiction. It specifically designated certain zoning districts for manufactured homes and others where manufactured homes would not be permitted. It then asked the Attorney General whether the amendment was permissible in light of the 1982 amendment to Minn. Stat. 462.357, subd. 1. The Attorney General's opinion, issued Nov. 10, 1982, stated that the Moorhead zoning ordinance amendment was not permissible. The opinion reads as follows: We answer your question in the negative. In our opinion Minn. Laws 1982, Ch. 490, Section 2 (Minn. Stat. Section 462.357, Subd. 1) clearly prohibits 24