KRS 100.348: Compatibility standards for manufactured homes -- Definitions --

Adoption of standards by local governments.

(1) The Kentucky General Assembly hereby recognizes and affirms that the protection

of property values is a legitimate issue to loc al governments and the enactment of

regulations designed to protect property values is a proper exercise of local

government legislative power. At the same time, the Kentucky General Assembly

hereby recognizes and affirms that while local governments have legitimate

authority to enact reasonable zoning regulations, the provision of quality, affordable

housing through qualified manufactured homes serves an essential public purpose.

(2) As used in this section, unless the context requires otherwise:

(a) "Compatibility standards" means standards that have been enacted by a local

government under the authority of this section for the purpose of protecting

and preserving the monetary value of real property located within the local

government's jurisdiction;

(b) "Local government" means a city, county, urban -county government, charter

county government, unified local government, or consolidated local

government that is engaged in planning and zoning under KRS Chapter 100;

(c) "Manufactured home" means a single -family residential dwelling constructed

after June 15, 1976, in accordance with the National Manufactured Home

Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et

seq., as amended, and designed to be used as a single -family residential

dwelling with or without permanent foundation when connected to the

required utilities, and which includes the plumbing, heating, air conditioning,

and electrical systems contained therein;

(d) "Qualified manufactured home" means a manufactured home that mee ts all of

the following criteria:

1. Is manufactured on a date not to exceed five (5) years prior to the date

of installation and has all parts that operate only during transport

removed;

2. Is affixed to a permanent foundation and is connected to the appr opriate

facilities and is installed in compliance with KRS 227.570;

3. Has a widt h of at least twenty (20) feet at its smallest width

measurement or is two (2) stories in height and oriented on the lot or

parcel so that its main entrance door faces the street; and

4. Has a minimum total living area of nine hundred (900) square feet; and

(e) "Permanent foundation" means a system of supports that is:

1. Capable of transferring, without failure, into soil or bedrock, the

maximum design load imposed by or upon the structure and complies

with KRS 227.570;

2. Constructed with materials that a re compatible with surrounding

residential structures so long as the materials do not compromise the

structural engineering of the home in conflict with KRS 227.570; and

3. Placed at a depth below grade adequate to prevent frost damage, in

accordance with the manufacturer's installation requirements and KRS

227.570.

(3) Except as provided in subsection (4) of this section, a local government shall not

adopt or enforce any zoning regulation, ordinance, or other requirement that:

(a) Excludes qualified manufa ctured homes from any residential zone where

single-family residences are permitted;

(b) Discriminates against qualified manufactured homes; or

(c) Imposes foundation requirements on manufactured homes that:

1. Conflict with the structural engineering of the homes;

2. Conflict with KRS 227.570; or

3. Require more than one (1) type of permanent foundation system.

(4) Any local government may adopt and enforce, as a part of its zoning regulations,

compatibility standards governing the placement of qualified m anufactured homes

in residential zones within the local government's jurisdiction. Compatibility

standards shall be adopted, amended, and enforced in the same manner as other

zoning regulations and shall be in addition to any zoning regulations that are

generally applicable to single -family residences. Any architectural compatibility

standards applied to qualified manufactured homes must be equivalent to, and not

more stringent than, those standards applied to other single -family residential

structures in the same zone. The compatibility standards shall be designed to ensure

that when a qualified manufactured home is placed in a residential zone it is

compatible, in terms of assessed value, with existing housing located with a one -

eighth (1/8) mile or less r adius from the proposed location of the qualified

manufactured home. The compatibility standards adopted by a local government

shall be limited to the following architectural features that have a significant impact

on the overall assessed value of the structure:

(a) Roof pitch;

(b) Square footage of livable space;

(c) Type and quality of exterior finishing materials;

(d) Foundation skirting;

(e) Existence and type of attached structures; and

(f) Setback restrictions, lot dimensions, and orientation of the h ome on the lot, so

long as they are no stricter than those for site -built homes within the same

zone.

(5) A manufactured home that does not meet the minimum width of twenty (20) feet or

minimum total living area of nine hundred (900) square feet needed to be

considered a qualified manufactured home under subsection (2)(d) of this section

may be treated as a qualified manufactured home for purposes of subsections (3)

and (4) of this section if:

(a) The setback requirements or lot dimensions would not reasona bly

accommodate a home meeting these minimum dimensions;

(b) The home is the maximum width and square footage that could reasonably fit

on the lot while complying with all applicable setback requirements and other

zoning regulations; and

(c) The home otherwise meets all other requirements of a qualified manufactured

home under this section.

(6) This section shall not be construed to affect, modify, or abolish restrictions

contained in recorded deeds, covenants, or developers' subdivision restrictions.

(7) This section shall not be construed as limiting in any way the authority of local

governments to adopt regulations designed to protect historic properties or historic

districts.

(8) Any zoning regulation, ordinance, or requirement that violates this section is void

and unenforceable.

(9) Cities located in a county containing a consolidated local government that do not

have the authority to adopt zoning regulations as set out in KRS 100.137(3) may

enact compatibility standards pursuant to subsection (4) of this section that are in

lieu of standards adopted by the consolidated local government.