ORS 197.314
Required siting of manufactured homes

  • minimum lot size
  • approval standards

(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]
Note: Sections 1 to 9, chapter 52, Oregon Laws 2016, provide:
Sec. 1. Sections 2 to 9 of this 2016 Act are added to and made a part of ORS 197.295 to 197.314 (Required siting of manufactured homes) [series became 197.286 (Definitions for ORS 197.286 to 197.314 and 197.475 to 197.490) to 197.314 (Required siting of manufactured homes)]. [2016 c.52 §1]
Sec. 2. Legislative findings. The Legislative Assembly finds and declares that a supply of land dedicated to affordable housing, planned and zoned to encourage development of affordable housing and protected for affordable housing siting over a long period, is necessary for the economic prosperity of communities in this state. [2016 c.52 §2]
Sec. 3. Affordable housing pilot program. The Land Conservation and Development Commission, working with the Housing and Community Services Department, other state agencies and local governments, shall establish and implement an affordable housing pilot program. Notwithstanding any statewide land use planning goal provisions specifying requirements for amending urban growth boundaries, the commission shall adopt rules to implement the pilot program on or before July 1, 2017. The pilot program is intended to:

(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]
Sec. 4. Establishment of site selection process. (1) Under the rules adopted under section 3, chapter 52, Oregon Laws 2016, the Land Conservation and Development Commission shall establish a site selection process by which the commission shall select two pilot projects, one from a city with a population of 25,000 or less and one from a city with a population greater than 25,000, from among nominations made by local governments. However, if the commission has not received any qualifying nominations from a city with a population of 25,000 or less on or before January 1, 2020, the commission may select any two pilot projects eligible for selection on or before August 17, 2018.

(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
c) Is submitted to, and approved by, the commission on or before June 30, 2023. [2016 c.52 §4; 2019 c.32 §1; 2021 c.112 §1]
Sec. 5. Rules. (1) The Land Conservation and Development Commission shall, by rule:

(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]
Sec. 6. Expedited process for amending urban growth boundaries to include selected site. (1) Notwithstanding ORS 197A.320 (Priority of land to be included within urban growth boundaries outside Metro) and without regard to whether an urban growth boundary already contains a 20-year supply of buildable lands, the Land Conservation and Development Commission by rule may establish an expedited process for amending urban growth boundaries to include pilot project sites selected under section 4 of this 2016 Act.

(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]
Sec. 7. Site protection from conversion to other uses. (1) The local government of a pilot project site selected by the Land Conservation and Development Commission under section 4 of this 2016 Act shall protect the pilot project site within its urban growth boundary from conversion to other uses before, during and after the development of affordable housing at the pilot project site, except as provided otherwise in rules adopted by the commission under section 5 (3) of this 2016 Act.

(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]
Sec. 8. Certain local government actions prohibited. (1) The local government of a pilot project site selected by the Land Conservation and Development Commission under section 4 of this 2016 Act may not plan or zone the site to allow a use or mix of uses not authorized under sections 2 to 9 of this 2016 Act unless the local government withdraws the pilot project site from the urban growth boundary and rezones the site pursuant to law, statewide land use planning goals and land use regulations implementing the goals that regulate allowable uses of land outside urban growth boundaries.

(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]
Sec. 9. Reporting requirement. The Land Conservation and Development Commission shall report on the progress of the pilot program, in the manner provided in ORS 192.245 (Form of report to legislature), to the committees of the Legislative Assembly related to housing and human services:

(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]
Note: Section 2, chapter 112, Oregon Laws 2021, provides:
Sec. 2. (1) Sections 2, 3, 5, 6, 7, 8 and 9, chapter 52, Oregon Laws 2016, are repealed on January 2, 2028.

(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.

197.005
Legislative findings
197.010
Policy
197.012
Compact urban development
197.013
Implementation and enforcement are of statewide concern
197.015
Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325
197.020
Land use decision considerations
197.022
Policy regarding ORS 215.433 and 227.184
197.030
Land Conservation and Development Commission
197.035
Officers
197.040
Duties of commission
197.045
Powers of commission
197.047
Notice to local governments and property owners of changes to commission rules or certain statutes
197.050
Interstate agreements and compacts
197.060
Biennial report
197.065
Biennial report analyzing uses of certain land
197.070
Public inspection of assessments prepared by commission
197.075
Department of Land Conservation and Development
197.085
Director
197.090
Duties and authority of director
197.095
Land Conservation and Development Account
197.158
Policy-neutral review and audit of statewide land use program
197.160
State Citizen Involvement Advisory Committee
197.165
Local Officials Advisory Committee
197.173
Findings regarding coordination between state agencies and local governments
197.175
Cities’ and counties’ planning responsibilities
197.178
Development applications
197.180
State agency planning responsibilities
197.183
Local government to notify Department of Aviation of applications received for certain water impoundments
197.186
Removal from buildable lands inventory of land subject to open space tax assessment
197.195
Limited land use decision
197.200
Refinement plan
197.225
Preparation
197.230
Considerations
197.235
Public hearings
197.240
Commission action
197.245
Commission amendment of initial goals
197.250
Compliance with goals required
197.251
Compliance acknowledgment
197.253
Participation in local proceedings required for submitting comments and objections
197.254
Bar to contesting acknowledgment, appealing or seeking amendment
197.256
Acknowledgment deadline for newly incorporated cities
197.265
State compensation for costs of defending compliance actions
197.270
Copies of comprehensive plan and land use regulations
197.274
Review of Metro regional framework plan
197.277
Oregon Forest Practices Act
197.279
Approved wetland conservation plans comply with goals
197.283
Commission to assure protection of ground water resources
197.286
Definitions for ORS 197.286 to 197.314 and 197.475 to 197.490
197.290
Housing production strategy
197.291
Review of housing production strategy
197.293
Identification of cities with unmet housing needs
197.296
Analysis of housing capacity and needed housing by Metro, cities outside of Metro and smaller cities
197.297
Analysis of housing capacity and needed housing in Metro 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
197.304
Lane County accommodation of needed housing
197.307
Needed housing policy
197.308
Affordable housing allowed outright
197.309
Local requirements to develop affordable housing
197.311
Final action on affordable housing application
197.312
Limitation on city and county prohibitions
197.313
Interpretation of ORS 197.312
197.314
Required siting of manufactured homes
197.319
Procedures prior to request of an enforcement order
197.320
Power of commission to order compliance with goals and plans
197.324
Proceedings prior to order of compliance with goals
197.328
Procedures to consider order to comply with goals
197.335
Order for compliance with goals
197.340
Weight given to goals in planning practice
197.350
Burden of persuasion or proof in appeal to board or commission
197.353
Measure 37 timelines
197.360
“Expedited land division” defined
197.365
Application
197.370
Failure of local government to timely act on application
197.375
Appeal of local government to referee
197.380
Application fees
197.390
Activities on federal land
197.395
Application for permit
197.405
Designation of areas of critical state concern
197.410
Use and activities regulated
197.416
Metolius Area of Critical State Concern
197.430
Enforcement powers
197.431
Expansion of speedway destination site
197.432
Definitions for ORS 197.431 to 197.434
197.433
Development of major motor speedway
197.434
Traffic impacts of speedway destination
197.435
Definitions for ORS 197.435 to 197.467
197.440
Legislative findings
197.445
Destination resort criteria
197.450
Siting without taking goal exception
197.455
Siting of destination resorts
197.460
Compatibility with adjacent land uses
197.462
Use of land excluded from destination resort
197.465
Comprehensive plan implementing measures
197.467
Conservation easement to protect resource site
197.475
Policy
197.480
Planning for parks
197.485
Prohibition on restrictions of manufactured dwelling
197.488
Replacement of park destroyed by natural disaster
197.490
Restriction on establishment of park
197.492
Definitions for ORS 197.492 and 197.493
197.493
Placement and occupancy of recreational vehicle
197.505
Definitions for ORS 197.505 to 197.540
197.510
Legislative findings
197.520
Manner of declaring moratorium
197.522
Local government to approve subdivision, partition or construction
197.524
Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits
197.530
Correction program
197.540
Review by Land Use Board of Appeals
197.610
Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development
197.612
Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule
197.615
Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development
197.620
Appeal of certain comprehensive plan or land use regulation decision-making
197.625
Acknowledgment of comprehensive plan or land use regulation changes
197.626
Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves
197.627
Meaning of “compliance with the goals” for certain purposes
197.628
Periodic review
197.629
Schedule for periodic review
197.631
Commission to amend regulations to facilitate periodic review
197.633
Two phases of periodic review
197.636
Procedures and actions for failure to meet periodic review deadlines
197.637
Department of Land Conservation and Development may request review by Housing and Community Services Department of certain local housing measures
197.638
Department of Land Conservation and Development may request review by Oregon Business Development Department of local inventory and analysis of industrial and commercial land
197.639
State assistance teams
197.644
Modification of work program
197.646
Implementation of new requirement in goal, rule or statute
197.649
Fees for notice
197.650
Appeal to Court of Appeals
197.651
Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission
197.652
Regional problem-solving process
197.654
Regional problem-solving goals, actions and agreements
197.656
Commission approval of comprehensive plans not in compliance with goals
197.658
Modifying local work plan
197.659
Commission approval of certain changes in comprehensive plans or land use regulations
197.660
Definitions
197.663
Legislative findings
197.665
Locations of residential homes
197.667
Location of residential facility
197.670
Zoning requirements and prohibitions for residential homes and residential facilities
197.677
Policy
197.680
Legislative findings
197.685
Location of farmworker housing
197.707
Legislative intent
197.712
Commission duties
197.713
Industrial development on industrial lands outside urban growth boundaries
197.714
Cooperation of county and city concerning industrial development
197.716
Industrial and employment uses in listed counties
197.717
Technical assistance by state agencies
197.719
Industrial use of abandoned or diminished mill sites
197.722
Definitions for ORS 197.722 to 197.728
197.723
Designation of regionally significant industrial areas
197.724
Review of application for land use permit within regionally significant industrial area
197.726
Jurisdiction on appeal
197.727
Fee for review
197.728
Rules
197.732
Goal exceptions
197.734
Exceptions to certain statewide planning goal criteria
197.736
Commission implementation of ORS 197.340 and 197.732
197.746
Transitional housing accommodations
197.748
Conversion of hotel or motel to emergency shelter or affordable housing
197.752
Lands available for urban development
197.754
Land identified for urban services
197.756
Farm use assessment in area identified for urban services
197.758
Development of middle housing
197.761
Development of residential platted lot
197.764
Application to remove property from within urban growth boundary
197.766
Laws applicable to certain local decisions regarding urban growth boundary
197.768
Local government or special district adoption of public facilities strategy
197.770
Firearms training facilities
197.772
Consent for designation as historic property
197.782
Emergency shelters developed under temporary authorization
197.791
Inventory of local government surplus real property
197.794
Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision
197.796
Applicant for certain land use decisions may accept and appeal condition imposed on application
197.797
Local quasi-judicial land use hearings
197.798
Rules regulating transportation improvements by city or county
197.805
Policy on review of land use decisions
197.810
Land Use Board of Appeals
197.815
Office location
197.820
Duty to conduct review proceedings
197.825
Jurisdiction of board
197.828
Board review of limited land use decision
197.829
Board to affirm certain local government interpretations
197.830
Review procedures
197.831
Appellate review of clear and objective approval standards, conditions and procedures for needed housing
197.832
Board Publications Account
197.835
Scope of review
197.840
Exceptions to deadline for final decision
197.843
Attorney fees for applicant developing affordable housing
197.845
Stay of decision being reviewed
197.850
Judicial review of board order
197.855
Deadline for final court order
197.860
Stay of proceedings to allow mediation
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