12. How must a municipality provide for affordable housing?
     Answer

13. Can a municipality prohibit mobile homes from a design control district, historic district, or other type of special district?
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Municipal zoning regulations must not exclude, or have the effect of excluding, affordable housing from the municipality. In particular, state law requires that municipal plans include a housing element with a recommended program for addressing low and moderate income persons' housing needs, as identified in the regional plan, based on studies, data, or some other empirical evidence of affordability. 24 V.S.A. §§ 4348a, 4382(c). This program should account for accessory apartments that are located within or appurtenant to an owner-occupied single-family dwelling. 24 V.S.A. § 4382(a)(10).

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While a municipality may not prohibit mobile homes from the municipality, it may prohibit mobile homes from design control districts, historic districts, or other places having "unique patriotic, ecological, historical, archaeological, or community interest or value..." 24 V.S.A. § 4411(b)(3)(F). Additionally, if design control regulations have the effect of prohibiting mobile homes or other prefabricated housing, those regulations must exclude conventional housing on the same terms and conditions. 24 V.S.A. § 4412(1)(B). Any regulations prohibiting mobile homes in any way must be rationally related to advancing the municipality's legitimate interest in protecting the unique values of that district.

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