Staff proposes zoning text amendment to align city rules with state law on "qualified" manufactured homes

Planning staff outlined a proposed zoning text amendment on July 17 to align local rules with House Bill 160, a state law that creates a new definition of “qualified manufactured home” and limits how local governments may treat such units.

"This is an act that relates to manufactured homes, specifically how local governments can and can't regulate them," planning staff member Daniel Crum told commissioners. Crum said the state law establishes a definition of a qualified manufactured home and requires that if a manufactured home meets the qualifications local governments may not treat the unit differently from other single‑family residential dwellings.

Crum explained the statutory distinctions: units built before the 1976 HUD standard are typically called mobile homes; factory‑built homes after 1976 are manufactured homes. The state’s “qualified manufactured home” definition cited in the briefing includes several criteria: the unit must have been installed within five years of its construction, be affixed to a permanent foundation, and meet size thresholds (the state text referenced a minimum of 20 feet in width and greater than 900 square feet, while allowing exceptions where lot size precludes those dimensions).

Under the staff proposal, the city would split out manufactured homes from the older mobile home definition, classify “qualified manufactured homes” as permissible in single‑family residential zones where site‑built homes are allowed, and continue to permit non‑qualified manufactured units primarily in the mobile‑home park (M1P) zone and limited special cases. Crum emphasized that private deed restrictions and homeowners associations remain enforceable: the state law does not override private covenants.

Commissioners asked whether the change would allow multiple manufactured homes on a single lot or permit chassis‑on units; staff said the amendment would not change one‑principal‑dwelling‑per‑lot limits and that the “qualified” definition requires units to be affixed to foundations. Several commissioners and commenters said the change could increase affordable housing options if the units are used as foundation‑attached, modern manufactured housing.

Crum told the commission staff could initiate the city ordinance amendment at the commission’s next meeting and begin the public docket in August with committee review in September and formal action next year; he said the city must implement state requirements before the statutory deadlines and staff expects to complete the amendment by 2026.