LB317 LB317
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 317
Introduced by Kolterman, 24.
Read first time January 16, 2019
Committee: Urban Affairs
1 A BILL FOR AN ACT relating to modular housing and manufactured homes; to
2 amend sections 14-402, 15-902, 19-902, 23-114, 71-1559, 71-1566,
3 71-1569, 71-4601, 71-4602, 71-4603, 71-4604, 71-4604.01, 71-4605,
4 71-4606, 71-4608, 71-4609, 71-4610, 71-4611, 71-4614, 71-4615,
5 71-4616, 71-4617, 71-4618, 71-4619, 71-4620, 71-4620.01, 71-4621,
6 71-6405, 75-109.01, 75-156, 75-159, 76-1463, 81-5,138, and 81-1615,
7 Reissue Revised Statutes of Nebraska, and section 60-1901, Revised
8 Statutes Cumulative Supplement, 2018; to eliminate inspection
9 authority of the Public Service Commission under the Nebraska
10 Uniform Standards for Modular Housing Units Act; to eliminate
11 applicability and references to manufactured homes under the Uniform
12 Standard Code for Manufactured Homes and Recreational Vehicles and
13 to rename the code; to redefine terms under the Uniform Standard
14 Code for Mobile Home Parks; to change provisions relating to
15 applicability of the Building Construction Act; to eliminate
16 obsolete provisions; to harmonize provisions; to repeal the original
17 sections; and to outright repeal section 71-4613, Reissue Revised
18 Statutes of Nebraska.
19 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 14-402, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 14-402 (1) For any or all of the purposes listed in section 14-401,
4 the city council may divide the municipality into districts of such
5 number, shape, and area as may be deemed best suited to carry out the
6 purposes of sections 14-401 to 14-418. Within such districts the city
7 council may regulate, restrict, or prohibit the erection, construction,
8 reconstruction, alteration, or use of buildings, structures, or land. All
9 such regulations shall be uniform for each class or kind of buildings
10 throughout each district, but the regulations applicable to one district
11 may differ from those applicable to other districts.
12 (2)(a) The city council shall not adopt or enforce any zoning
13 ordinance or regulation which prohibits the use of land for a proposed
14 residential structure for the sole reason that the proposed structure is
15 a manufactured home if such manufactured home bears an appropriate seal
16 which indicates that it was constructed in accordance with the standards
17 of the Uniform Standard Code for Manufactured Homes and Recreational
18 Vehicles, the Nebraska Uniform Standards for Modular Housing Units Act,
19 or the United States Department of Housing and Urban Development. The
20 city council may require that a manufactured home be located and
21 installed according to the same standards for foundation system,
22 permanent utility connections, setback, and minimum square footage which
23 would apply to a site-built, single-family dwelling on the same lot. The
24 city council may also require that manufactured homes meet the following
25 standards:
26 (i) The home shall have no less than nine hundred square feet of
27 floor area;
28 (ii) The home shall have no less than an eighteen-foot exterior
29 width;
30 (iii) The roof shall be pitched with a minimum vertical rise of two
31 and one-half inches for each twelve inches of horizontal run;
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1 (iv) The exterior material shall be of a color, material, and scale
2 comparable with those existing in residential site-built, single-family
3 construction;
4 (v) The home shall have a nonreflective roof material which is or
5 simulates asphalt or wood shingles, tile, or rock; and
6 (vi) The home shall have wheels, axles, transporting lights, and
7 removable towing apparatus removed.
8 (b) The city council may not require additional standards unless
9 such standards are uniformly applied to all single-family dwellings in
10 the zoning district.
11 (c) Nothing in this subsection shall be deemed to supersede any
12 valid restrictive covenants of record.
13 (3) For purposes of this section, manufactured home shall mean (a) a
14 factory-built structure which is to be used as a place for human
15 habitation, which is not constructed or equipped with a permanent hitch
16 or other device allowing it to be moved other than to a permanent site,
17 which does not have permanently attached to its body or frame any wheels
18 or axles, and which bears a label certifying that it was built in
19 compliance with National Manufactured Home Construction and Safety
20 Standards, 24 C.F.R. 3280 et seq., promulgated by the United States
21 Department of Housing and Urban Development, or (b) a modular housing
22 unit as defined in section 71-1557 bearing a seal in accordance with the
23 Nebraska Uniform Standards for Modular Housing Units Act.
24 Sec. 2. Section 15-902, Reissue Revised Statutes of Nebraska, is
25 amended to read:
26 15-902 (1) Every city of the primary class shall have power in the
27 area which is within the city or within three miles of the corporate
28 limits of the city and outside of any organized city or village to
29 regulate and restrict: (a) The location, height, bulk, and size of
30 buildings and other structures; (b) the percentage of a lot that may be
31 occupied; (c) the size of yards, courts, and other open spaces; (d) the
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1 density of population; and (e) the locations and uses of buildings,
2 structures, and land for trade, industry, business, residences, and other
3 purposes. Such city shall have power to divide the area zoned into
4 districts of such number, shape, and area as may be best suited to carry
5 out the purposes of this section and to regulate, restrict, or prohibit
6 the erection, construction, reconstruction, alteration, or use of
7 buildings, structures, or land within the total area zoned or within
8 districts. All such regulations shall be uniform for each class or kind
9 of buildings throughout each district, but regulations applicable to one
10 district may differ from those applicable to other districts. Such zoning
11 regulations shall be designed to secure safety from fire, flood, and
12 other dangers and to promote the public health, safety, and general
13 welfare and shall be made with consideration having been given to the
14 character of the various parts of the area zoned and their peculiar
15 suitability for particular uses and types of development and with a view
16 to conserving property values and encouraging the most appropriate use of
17 land throughout the area zoned, in accordance with a comprehensive plan.
18 Such zoning regulations may include reasonable provisions regarding
19 nonconforming uses and their gradual elimination.
20 (2)(a) The city shall not adopt or enforce any zoning ordinance or
21 regulation which prohibits the use of land for a proposed residential
22 structure for the sole reason that the proposed structure is a
23 manufactured home if such manufactured home bears an appropriate seal
24 which indicates that it was constructed in accordance with the standards
25 of the Uniform Standard Code for Manufactured Homes and Recreational
26 Vehicles, the Nebraska Uniform Standards for Modular Housing Units Act,
27 or the United States Department of Housing and Urban Development. The
28 city may require that a manufactured home be located and installed
29 according to the same standards for foundation system, permanent utility
30 connections, setback, and minimum square footage which would apply to a
31 site-built, single-family dwelling on the same lot. The city may also
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1 require that manufactured homes meet the following standards:
2 (i) The home shall have no less than nine hundred square feet of
3 floor area;
4 (ii) The home shall have no less than an eighteen-foot exterior
5 width;
6 (iii) The roof shall be pitched with a minimum vertical rise of two
7 and one-half inches for each twelve inches of horizontal run;
8 (iv) The exterior material shall be of a color, material, and scale
9 comparable with those existing in residential site-built, single-family
10 construction;
11 (v) The home shall have a nonreflective roof material which is or
12 simulates asphalt or wood shingles, tile, or rock; and
13 (vi) The home shall have wheels, axles, transporting lights, and
14 removable towing apparatus removed.
15 (b) The city may not require additional standards unless such
16 standards are uniformly applied to all single-family dwellings in the
17 zoning district.
18 (c) Nothing in this subsection shall be deemed to supersede any
19 valid restrictive covenants of record.
20 (3) For purposes of this section, manufactured home shall mean (a) a
21 factory-built structure which is to be used as a place for human
22 habitation, which is not constructed or equipped with a permanent hitch
23 or other device allowing it to be moved other than to a permanent site,
24 which does not have permanently attached to its body or frame any wheels
25 or axles, and which bears a label certifying that it was built in
26 compliance with National Manufactured Home Construction and Safety
27 Standards, 24 C.F.R. 3280 et seq., promulgated by the United States
28 Department of Housing and Urban Development, or (b) a modular housing
29 unit as defined in section 71-1557 bearing a seal in accordance with the
30 Nebraska Uniform Standards for Modular Housing Units Act.
31 Sec. 3. Section 19-902, Reissue Revised Statutes of Nebraska, is
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1 amended to read:
2 19-902 (1) For any or all of the purposes designated in section
3 19-901, the city council or village board may divide the municipality
4 into districts of such number, shape, and area as may be deemed best
5 suited to carry out the purposes of sections 19-901 to 19-914 and may
6 regulate and restrict the erection, construction, reconstruction,
7 alteration, repair, or use of buildings, structures, or land within the
8 districts. All such regulations shall be uniform for each class or kind
9 of buildings throughout each district, but the regulations applicable to
10 one district may differ from those applicable to other districts. If a
11 regulation affects the Niobrara scenic river corridor as defined in
12 section 72-2006 and is not incorporated within the boundaries of the
13 municipality, the Niobrara Council shall act on the regulation as
14 provided in section 72-2010.
15 (2)(a) The city council or village board shall not adopt or enforce
16 any zoning ordinance or regulation which prohibits the use of land for a
17 proposed residential structure for the sole reason that the proposed
18 structure is a manufactured home if such manufactured home bears an
19 appropriate seal which indicates that it was constructed in accordance
20 with the standards of the Uniform Standard Code for Manufactured Homes
21 and Recreational Vehicles, the Nebraska Uniform Standards for Modular
22 Housing Units Act, or the United States Department of Housing and Urban
23 Development. The city council or village board may require that a
24 manufactured home be located and installed according to the same
25 standards for foundation system, permanent utility connections, setback,
26 and minimum square footage which would apply to a site-built, single-
27 family dwelling on the same lot. The city council or village board may
28 also require that manufactured homes meet the following standards:
29 (i) The home shall have no less than nine hundred square feet of
30 floor area;
31 (ii) The home shall have no less than an eighteen-foot exterior
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1 width;
2 (iii) The roof shall be pitched with a minimum vertical rise of two
3 and one-half inches for each twelve inches of horizontal run;
4 (iv) The exterior material shall be of a color, material, and scale
5 comparable with those existing in residential site-built, single-family
6 construction;
7 (v) The home shall have a nonreflective roof material which is or
8 simulates asphalt or wood shingles, tile, or rock; and
9 (vi) The home shall have wheels, axles, transporting lights, and
10 removable towing apparatus removed.
11 (b) The city council or village board may not require additional
12 standards unless such standards are uniformly applied to all single-
13 family dwellings in the zoning district.
14 (c) Nothing in this subsection shall be deemed to supersede any
15 valid restrictive covenants of record.
16 (3) For purposes of this section, manufactured home shall mean (a) a
17 factory-built structure which is to be used as a place for human
18 habitation, which is not constructed or equipped with a permanent hitch
19 or other device allowing it to be moved other than to a permanent site,
20 which does not have permanently attached to its body or frame any wheels
21 or axles, and which bears a label certifying that it was built in
22 compliance with National Manufactured Home Construction and Safety
23 Standards, 24 C.F.R. 3280 et seq., promulgated by the United States
24 Department of Housing and Urban Development, or (b) a modular housing
25 unit as defined in section 71-1557 bearing a seal in accordance with the
26 Nebraska Uniform Standards for Modular Housing Units Act.
27 (4) Subdivision regulations and building, plumbing, electrical,
28 housing, fire, or health codes or similar regulations and the adoption
29 thereof shall not be subject to sections 19-901 to 19-915.
30 Sec. 4. Section 23-114, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 23-114 (1) The county board shall have power: (a) To create a
2 planning commission with the powers and duties set forth in sections
3 23-114 to 23-114.05, 23-168.01 to 23-168.04, 23-172 to 23-174, 23-174.02,
4 23-373, and 23-376; (b) to make, adopt, amend, extend, and implement a
5 county comprehensive development plan; (c) to adopt a zoning resolution,
6 which shall have the force and effect of law; and (d) to cede and
7 transfer jurisdiction pursuant to section 13-327 over land otherwise
8 subject to the authority of the county board pursuant to this section.
9 (2) The zoning resolution may regulate and restrict: (a) The
10 location, height, bulk, number of stories, and size of buildings and
11 other structures, including tents, cabins, house trailers, and automobile
12 trailers; (b) the percentage of lot areas which may be occupied; (c)
13 building setback lines; (d) sizes of yards, courts, and other open
14 spaces; (e) the density of population; (f) the uses of buildings; and (g)
15 the uses of land