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State laws will require McMinnville to allow family childcare homes and manufactured homes in residential zones, planning staff say
Summary
City planning staff told the McMinnville Planning Commission that a state bill taking effect July 1 will classify family childcare homes as residences and require cities to treat them as permitted uses for up to seven children; the commission also discussed the older state law requiring manufactured homes be allowed in residential districts.
Planning staff told the McMinnville Planning Commission that a recently passed state bill will require cities to allow family childcare homes as a residential use, permitting up to seven children and adding the use to residential zone districts beginning July 1.
“Yep. So this just passes to take effect July 1. This is in the bill 13 79,” Sean (city staff) said, describing the statute and the changes staff will need to make to the zoning code to classify family childcare homes as a residential use. He said the change means the city must allow up to seven children at those residences and cannot treat the use differently from other residential uses; staff noted the change will extend into certain residential districts that previously did not permit the use, including R-11.
Commission members asked how the change interacts with homeowner associations and deed restrictions. Sean said the city cannot enforce private deed restrictions: “If somebody came and presented a request, although they were regulations against it, we would still…be forced to approve it. This is we have to allow this a permitted use. So there's no request. There's no special exception.” He added that building-code and fire-safety requirements administered by the state (building codes and the state fire marshal) still apply, and some state rules address playgrounds, parking, fencing and ventilation.
Commissioners also reviewed state law history on similar preemptions. Sean said group-home preemptions were enacted in 1978 and that a manufactured-home preemption took effect in 1980; he said the 1980 law requires a manufactured (double-wide) home to be allowed anywhere residential uses are permitted and that pre-1976 mobile homes can still be limited to specific districts.
No code amendments were adopted at the meeting. Staff said they will propose the text amendments needed to align the city’s zoning code with the state statute and will bring the proposed code language back to the commission for review.
Commission members asked staff to provide updated code language and said they will monitor how the state rules and building-code enforcement will interact with local subdivision and HOA restrictions.
