zoning - case law

[Cameron Moore]

Hi:

I am a residential builder in SW Colorado. Due to rapid growth in our area, land prices have risen dramatically, straining the affordability of entry level housing. We are considering the use of off-site construction installed on permanent foundations to help alleviate the problem.

Unfortunately, current zoning regs in our community will not allow this type of use. In order to use manufactured housing, we have to have specific zoning allowing the use of manufactured housing.

It is our belief that any product constructed to UBC should be allowed on any site. Any restrictions should be design requirements, and not the method of construction. In the past, I have seen articles relating to the legality of "exclusionary zoning", and I was wondering if you could direct me to any type of legal decisions that might support my position.

We are trying to meet with the local city council in June to see if we can persuade them to amend the local zoning regs to allow Manufactured Housing in any residential district, and would like to have some evidence of precedent.

Thank you for your assistance

C. Cameron Moore
Field Superintendent
Synergy Construction, Inc.
300 N. Ute
Montrose, CO 81401
(970)249-5488

[rmurray]

May not be exactly what you are looking for...but there are loads of helpful publications on this site...

http://www.huduser.org/publications/des ... tech4.html

Another HUD site that address exactly the issue...As the intro says..
"This site was created to support state and local governments and other organizations seeking information about laws, regulations, and policies affecting the development, maintenance, improvement, availability, and cost of affordable housing"

http://www.huduser.org/rbc/

CO legislatured report on affordable housing...might be some help..

http://www.dola.state.co.us/Doh/Documen ... iers00.pdf

actually there are hundreds of pages of barriers to affordable housing...Yet all that would have to be done is allow responsible developers like you to go at it...with manufactured homes...
Good Luck...wish I had more directly applicable info..

[Roy Bonney]

You are confusing the terminology. Manufactured housing is not built to the UBC, but to the federal HUD code. If the home is built to UBC, it is a modular home, and by definition most probably acceptable. This is genenerally the distinction in the local ordinances. If your attorney reads the ordinance, and then refers to the appropriate definitions, established in code in each state, he should be able to point you in the right direction.