ORS 197.314
Required siting of manufactured homes
- minimum lot size
- approval standards
Amended by HB 4064
Effective since March 23, 2022
Relating to manufactured structures; creating new provisions; amending ORS 62.803, 90.230, 174.101, 197.286, 197.307, 197.312, 197.314, 197.485, 197.492, 215.010, 307.651, 446.003, 458.352, 458.356 and 458.358 and section 18, chapter 401, Oregon Laws 2019; repealing ORS 446.007; and declaring an emergency.
(1)
Notwithstanding ORS 197.296 (Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities), 197.298 (Priority of land to be included within urban growth boundary), 197.299 (Metro accommodation of needed housing and school lands), 197.301 (Metro report of performance measures), 197.302 (Metro determination of buildable land supply), 197.303 (“Needed housing” defined), 197.307 (Needed housing policy), 197.312 (Limitation on city and county prohibitions) and 197.313 (Interpretation of ORS 197.312), within urban growth boundaries each city and county shall amend its comprehensive plan and land use regulations for all land zoned for single-family residential uses to allow for siting of manufactured homes as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227). A local government may only subject the siting of a manufactured home allowed under this section to regulation as set forth in ORS 197.307 (Needed housing policy) (8).(2)
Cities and counties shall adopt and amend comprehensive plans and land use regulations under subsection (1) of this section according to the provisions of ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission).(3)
Subsection (1) of this section does not apply to any area designated in an acknowledged comprehensive plan or land use regulation as a historic district or residential land immediately adjacent to a historic landmark.(4)
Manufactured homes on individual lots zoned for single-family residential use in subsection (1) of this section shall be in addition to manufactured homes on lots within designated manufactured dwelling subdivisions.(5)
Within any residential zone inside an urban growth boundary where a manufactured dwelling park is otherwise allowed, a city or county shall not adopt, by charter or ordinance, a minimum lot size for a manufactured dwelling park that is larger than one acre.(6)
A city or county may adopt the following standards for the approval of manufactured homes located in manufactured dwelling parks that are smaller than three acres:(a)
The manufactured home shall have a pitched roof, except that no standard shall require a slope of greater than a nominal three feet in height for each 12 feet in width.(b)
The manufactured home shall have exterior siding and roofing that, in color, material and appearance, is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or that is comparable to the predominant materials used on surrounding dwellings as determined by the local permit approval authority.(7)
This section shall not be construed as abrogating a recorded restrictive covenant. [1993 c.184 §2; 1997 c.295 §1; 1999 c.348 §7; 2005 c.22 §139; 2011 c.354 §5](1)
Encourage local governments to provide an adequate supply of land within urban growth boundaries that is dedicated to affordable housing;(2)
Encourage the development of affordable housing on land dedicated to affordable housing; and(3)
Protect land dedicated to affordable housing from conversion to other uses before or after the development of affordable housing. [2016 c.52 §3](2)
A local government may nominate a pilot project that provides a site dedicated to affordable housing within the jurisdiction of the local government.(3)
When nominating a pilot project for the site selection process, a local government shall:(a)
Submit a concept plan for the pilot project, including any proposed amendments to the comprehensive plan and land use regulations required to implement the pilot project; and(b)
Demonstrate that the landowner of the site has agreed to designation of the landowner’s property as a pilot project for the purposes of sections 2 to 9, chapter 52, Oregon Laws 2016.(4)
The commission shall select pilot projects that are:(a)
Reasonably likely to provide a site for affordable housing that would not otherwise be provided without the special provisions of the pilot program;(b)
Reasonably likely to serve identified populations in the area that require affordable housing;(c)
Adjacent to the city’s existing urban growth boundary;(d)
Near public facilities and services, including roadways and an identified transit corridor to serve the area, or for which public facilities and services are planned and reasonably likely to be provided at a reasonable cost in the near future;(e)
Located, planned and zoned to avoid or minimize adverse effects on natural resources and nearby farm and forest uses if the pilot project would require amending an urban growth boundary to include the pilot project site; and(f)
Nominated by a local government that demonstrates efforts by the local government to accommodate and encourage the development of needed housing within its existing urban growth boundary.(5)
The following local governments are not eligible for nomination or selection under the pilot program:(a)
Clackamas, Marion, Multnomah, Polk and Washington Counties and cities within Clackamas, Marion, Multnomah, Polk and Washington Counties;(b)
Metro and cities and counties included in the Metro urban growth boundary; and(c)
Local governments within Jefferson County that are served by the North Unit Irrigation District.(6)
In addition to the pilot projects selected by the commission under subsection (1) of this section, the commission may select a nominated pilot project that:(a)
Is submitted by the City of Pendleton;(b)
Complies with the requirements of subsections (3) and (4) of this section; and(a)
Define “affordable housing”;(b)
Specify types of affordable housing allowed on pilot project sites, including sites that are used as manufactured dwelling parks;(c)
Limit the total acreage of all lots and parcels included in each pilot project site to not greater than 50 acres; and(d)
Specify local government efforts that serve to demonstrate that the local government is accommodating and encouraging development of needed housing within its existing urban growth boundary.(2)
The commission shall specify by rule related requirements for affordable housing that may include a sales price or rental rate range, taking into consideration:(a)
Housing prices within the region compared to the income of residents of that region;(b)
The availability of government assisted housing in the region;(c)
The need for sites to accommodate manufactured dwellings, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227), due to the conversion of manufactured dwelling parks or mobile home parks in the region to other uses; and(d)
Other relevant factors as identified by the commission.(3)
The commission may adopt rules that authorize mixed income housing developments that include affordable housing on pilot project sites. [2016 c.52 §5](2)
An amendment to an urban growth boundary pursuant to this section must identify the specific goal and rule requirements related to urban growth boundaries from which a local government is exempt for the purpose of implementing the pilot program.(3)
Pilot project sites included within an urban growth boundary amended pursuant to this section must:(a)
Be dedicated to affordable housing; and(b)
Remain planned and zoned for affordable housing, except as otherwise provided in rules adopted pursuant to section 5 (3) of this 2016 Act. [2016 c.52 §6](2)
The local government of a pilot project site selected by the commission shall ensure that housing developed on the site continues to be used to provide affordable housing for a period of at least 50 years after the selection of the pilot project site through:(a)
Zoning restrictions;(b)
Guaranteed rental rates or sales prices;(c)
Incentives, contract commitments, density bonuses or other voluntary regulations, provisions or conditions designed to increase the supply of moderate or lower cost housing units;(d)
Other regulations, provisions or conditions determined by the local government to be effective in maintaining the affordability of housing on land selected for a pilot project under section 4 of this 2016 Act; or(e)
Restrictive agreements entered into with sources of affordable housing funding.(3)
The local government of a pilot project site selected by the commission may authorize a mix of affordable housing and other housing types on the site, provided that the percentage of affordable housing units developed on the site meets or exceeds requirements specified in rules adopted by the commission pursuant to section 5 (3) of this 2016 Act. [2016 c.52 §7](2)
A local government may not use sections 2 to 9 of this 2016 Act to bring high-value farmland, as determined by the commission, within its urban growth boundary.(3)
The inclusion of pilot project sites dedicated to affordable housing within an urban growth boundary pursuant to sections 2 to 9 of this 2016 Act does not authorize a local government to convert buildable lands within the urban growth boundary that are planned for needed housing, as defined in ORS 197.303 (“Needed housing” defined), to other uses.(4)
Notwithstanding ORS 197.309 (Local requirements to develop affordable housing) (2), for a pilot project site selected under section 4 of this 2016 Act, and affordable housing developed on a selected pilot project site, a local government may take any action described in ORS 197.309 (Local requirements to develop affordable housing) that has the effect of establishing the sales price for a housing unit or residential building lot or parcel, or that requires a housing unit or residential building lot or parcel to be designated for sale to a particular class or group of purchasers.(5)
Sections 2 to 9 of this 2016 Act do not constitute a statutory contract. A pilot project site selected under section 4 of this 2016 Act and affordable housing developed on a selected pilot project site remain subject to new or additional regulatory requirements authorized by law, statewide land use planning goals and land use regulations implementing the goals.(6)
As used in this section, “lot” and “parcel” have the meanings given those terms in ORS 92.010 (Definitions for ORS 92.010 to 92.192). [2016 c.52 §8](1)
At least once during each of three consecutive regular sessions of the Legislative Assembly, beginning with the 2017 regular session of the Legislative Assembly; and(2)
At least once following adjournment sine die of the regular sessions of the Legislative Assembly described in subsection (1) of this section, but no later than the convening of the next regular session of the Legislative Assembly. [2016 c.52 §9](2)
Section 4, chapter 52, Oregon Laws 2016, as amended by section 1, chapter 32, Oregon Laws 2019, and section 1 of this 2021 Act, is repealed on January 2, 2028. [2021 c.112 §2]
Source:
Section 197.314 — Required siting of manufactured homes; minimum lot size; approval standards, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.
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