Nebraska Revised Statutes

Neb. Rev. Stat. § 15-902 (2026)

Building regulations; zoning; powers; requirements; comprehensive plan; manufactured homes

✓ current as of July 2026

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(1) Every city of the primary class shall have power within the corporate limits of the city or within the extraterritorial zoning jurisdiction of the city to regulate and restrict: (a) The location, height, bulk, and size of buildings and other structures; (b) the percentage of a lot that may be occupied; (c) the size of yards, courts, and other open spaces; (d) the density of population; and (e) the locations and uses of buildings, structures, and land for trade, industry, business, residences, and other purposes. Such city shall have power to divide the area zoned into districts of such number, shape, and area as may be best suited to carry out the purposes of this section and to regulate, restrict, or prohibit the erection, construction, reconstruction, alteration, or use of buildings, structures, or land within the total area zoned or within districts. All such regulations shall be uniform for each class or kind of buildings throughout each district, but regulations applicable to one district may differ from those applicable to other districts. Such zoning regulations shall be designed to secure safety from fire, flood, and other dangers and to promote the public health, safety, and general welfare and shall comply with the Municipal Density and Missing Middle Housing Act and be made with consideration having been given to the character of the various parts of the area zoned and their peculiar suitability for particular uses and types of development and with a view to conserving property values and encouraging the most appropriate use of land throughout the area zoned, in accordance with a comprehensive plan. Such zoning regulations may include reasonable provisions regarding nonconforming uses and their gradual elimination.

(2)(a) A city of the primary class shall not adopt or enforce any zoning ordinance or regulation which prohibits the use of land for a proposed residential structure for the sole reason that the proposed structure is a manufactured home if such manufactured home bears an appropriate seal which indicates that it was constructed in accordance with the standards of the Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the Nebraska Uniform Standards for Modular Housing Units Act, or the United States Department of Housing and Urban Development. The city may require that a manufactured home be located and installed according to the same standards for foundation system, permanent utility connections, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. The city may also require that manufactured homes meet the following standards:

(i) The home shall have no less than nine hundred square feet of floor area;

(ii) The home shall have no less than an eighteen-foot exterior width;

(iii) The roof shall be pitched with a minimum vertical rise of two and one-half inches for each twelve inches of horizontal run;

(iv) The exterior material shall be of a color, material, and scale comparable with those existing in residential site-built, single-family construction;

(v) The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile, or rock; and

(vi) The home shall have wheels, axles, transporting lights, and removable towing apparatus removed.

(b) The city may not require additional standards unless such standards are uniformly applied to all single-family dwellings in the zoning district.

(3) For purposes of this section, manufactured home shall mean (a) a factory-built structure which is to be used as a place for human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles, and which bears a label certifying that it was built in compliance with national Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280 et seq., promulgated by the United States Department of Housing and Urban Development, or (b) a modular housing unit as defined in section 71-1557 bearing a seal in accordance with the Nebraska Uniform Standards for Modular Housing Units Act.

Notes of Decisions

Cited in 6 cases, 1963–1997 · leading case: State v. Champoux, 566 N.W.2d 763 (Neb. 1997).

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State v. Champoux, 566 N.W.2d 763 (Neb. 1997). · cites it 4× “" Neb.Rev.Stat. § 15-902 (Reissue 1991). The city of Lincoln, in accordance with this statutory authority, passed a zoning ordinance which defined "family" as "[o]ne or more persons immediately related by blood, marriage, or adoption and living as a single housekeeping unit.”

Sch. Dist. No. 46 v. City of Bellevue, 400 N.W.2d 229 (Neb. 1987). · cites it 4× “Neb.Rev.Stat. § 15-902 (Supp. 1985) (3 miles for city of primary class); Neb.”

Holmgren v. City of Lincoln, 256 N.W.2d 686 (Neb. 1977). · cites it 4× “The claim of the plaintiffs that the ordinance is void rests on the following premises: (1) The amendment is not “in accordance with a comprehensive plan” as required by section 15-902, R. R. S. 1943. (2) The ordinance is arbitrary and unreasonable because it results in “spot…”

State v. Champoux, 555 N.W.2d 69 (Neb. Ct. App. 1996). · cites it 2× “In enacting zoning ordinances to provide for the public health, safety, and general welfare, see Neb. Rev. Stat. § 15-902 (Reissue 1991), a municipality may consider the quality of living in its community and may *76 attempt to promote values important to the community as a…”

City of Lincoln v. Bruce, 375 N.W.2d 118 (Neb. 1985). · cites it 3× “Although this parcel of land, consisting of approximately 5 acres, is not located within the Lincoln city limits, it is within the city’s 3-mile zoning jurisdiction granted by Neb. Rev. Stat. § 15-902 (Reissue 1983). The Bruces bought their property in 1955, at which time a…”

Reller v. City of Lincoln, 119 N.W.2d 59 (Neb. 1963). · cites it 2× “The plaintiffs’ premises all lying outside of the corporate limits of the City of Lincoln but within 3 miles thereof were zoned thereby under section 15-902, R. R. S. 1943. Plaintiffs’ premises were in two zoning districts.”

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