02-09-1983 Council Agenda - Laserfiche WebLink

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a city from restricting the location of manufactured homes from any residential classification districts within its jurisdiction so long as those homes are in conformance with Minn. Stat. Sections 327.31 and 327.35 and comply with other applicable zoning ordinances. Minn. Laws 1982, Ch. 490, and Section 2 (Minn. Stat. Section 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. This provision expressly prohibits the exclusion of earth sheltered or manufactured homes from residential districts, and makes no mention of selective placement of those types of housing among the residential districts of a given community. Without providing any exceptions, it is only reasonable to assume that the legislature intended to prohibit discrimination against that type of housing solely because of being manufactured housing. 1 / This is not to say that other reasonable nondiscriminatory regulations or odinances passed in accordance with Minn. Stat. Section 462.357, Subd. 1, and which apply to all forms of housing within 'a particular zone may be circumvented. Rather, these restrictions remain applicable to manufactured housing as well as other conventional forms of housing, as is clearly stated in Minn. Laws 1982, Ch. 490, Section 2 (Minn. Stat. Section 462.357, Subd. 1). What is expressly prohibited, however, is any attempt to restrict the location of manufactured housing solely because it is manufactured in accordance with Minn. Stat. Sections 327.31- 327.35. In our view, this includes the relegation of manufactured homes to certain designated residential areas. 1. Testimony of Representative Voss before the House General Legislation and Veteran's Affairs Committee subcommittee on Housing, February 11 and 5, 1982. AMENDING YOUR ZONING ORDINANCE TO BRING IT INTO CONFORMANCE Removing Prohibitive Ordinance Language If your zoning ordinance contains language that specifically prohibits manufactured homes (or mobile homes) from locating in single - family residential districts and /or permits them only in certain districts or in mobile home parks, it will need to be amended to bring it into conformance with Minnesota laws. The 1982 law does not prohibit mobile home (manufactured housing) parks or local ordinances that regulate such parks, but it does prohibit language that would force all manufactured homes into such parks. One effect of the 1982 law is likely to be a reduced need for such parks in the future. If your ordinance contains language that requires a minimum roof pitch for all buildings or all residential buildings, it should be examined to make sure that 25