This chapter is intended to establish standards and conditions for the placement of a manufactured home, as the primary residence, on a single-family residential parcel within Lyon County while protecting the public health, safety and general welfare. (Ord. 603, 11-1-2018)

All manufactured homes to be placed or relocated within the County shall comply with the provisions of this chapter.

All manufactured homes to be placed or relocated within the County shall comply with the requirements and standards established by the Nevada Division of Manufactured Housing for the manufacture, transport, installation and alteration of manufactured and mobile homes contained in chapter 489 of the Nevada Revised Statutes.

Any manufactured home placed or relocated within Lyon County, or any manufactured home that has had electric and/or fuel gas services discontinued for greater than twelve (12) months must obtain appropriate permits, inspections and approvals from the County Building Department prior to occupancy or connection of electric or fuel gas services. The building inspector will require the correction of any apparent fire and safety hazards prior to authorizing restoration of the utility services. (Ord. 603, 11-1-2018)

Manufactured homes allowed under the provisions of this chapter shall be permitted as follows:

   A.   Use As Single-Family Dwelling: Manufactured homes may be used as single-family dwellings in all Single Residential Zoning Districts, except within designated Historic Districts (e.g., Comstock Historic District) or if not permitted per the recorded Covenants, Conditions and Restrictions (CC&Rs) for the subdivision where the manufactured home is to be located, if the home is certified under the National Manufactured Home Construction and Safety Standards Act of 1974 and is less than six (6) years old at the time of its placement.

   B.   Zoning Districts For Primary Residential Use: Manufactured homes certified under the National Manufactured Home Construction and Safety Standards Act of 1974 and that are more than six (6) years old at the time of placement may be placed for primary single family residential use in Suburban Residential Districts SR-2 and SR-1, and any Rural Residential (RR), Agricultural (AG), or Non-Irrigated Agricultural (NIA) Zoning District provided the mobile or manufactured home has been inspected and certified as meeting all life safety requirements of the Manufactured Housing Division of the Nevada Department of Business and Industry, and all dimensional standards and requirements of the zoning district are met.

   C.   Watchman's Quarters: Manufactured homes certified under the National Manufactured Home Construction and Safety Standards Act of 1974 and less than six (6) years old at the time of placement may be placed as watchman's quarters in the Employment and Industrial zoning districts (Service Industrial (SI), Light Industrial Districts (LI-R and LI-S) and Heavy Industrial Districts (HI-R and HI-S) subject to all dimensional standards and requirements of the zoning district, and all applicable design and development standards of this title.

   D.   Hardship Exception For Manufactured Home As An Accessory Dwelling: Manufactured homes certified under the National Manufactured Home Construction and Safety Standards Act of 1974 may be placed as an accessory dwelling in any Single-Family Residential District with a hardship exception approved by the Director in accordance with the procedures set forth in section 15.351.05 of this chapter, provided the mobile or manufactured home has been inspected and certified as meeting all life safety requirements of the Manufactured Housing Division of the Nevada Department of Business and Industry, and subject to all dimensional standards and requirements of the zoning district, all applicable design and development standards of this title, all permits required by the County building official, and the following conditions:

      1.   The lot upon which the manufactured home (MH) is placed as an accessory dwelling is at least one acre (gross) in size,

      2.   The MH is for the sole and express purpose of facilitating the care of an immediate relative,

      3.   The hardship exception is intended to mitigate a special hardship resulting from handicap, age or infirmity evidenced by a physician's certification (financial hardship alone is not sufficient),

      4.   Sufficient sewer, electrical, and water facilities and rights are available to serve the accessory dwelling, and

      5.   The MH cannot be converted to real property and shall be removed by the property owner within thirty (30) days from when the immediate relative requiring care no longer resides within the MH.

   E.   Agricultural Labor Housing: Manufactured homes certified under the National Manufactured Home Construction and Safety Standards Act of 1974 and that are more than six (6) years old at the time of placement may be placed upon issuance of a conditional use permit (CUP) for agricultural labor housing in Agricultural (AG), or Non-Irrigated Agricultural (NIA) Zoning Districts provided the mobile or manufactured home has been inspected and certified as meeting all life safety requirements of the Manufactured Housing Division of the Nevada Department of Business and Industry, the manufactured home complies with Federal standards for agricultural housing, and all dimensional standards and requirements of the zoning district and this chapter are met. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

   A.   Manufactured homes placed as single-family dwellings pursuant to subsections 15.351.03A and B of this chapter shall:

      1.   Be permanently affixed to the residential lot, with running gear, tongues, axles, and wheels removed at the time of installation;

      2.   Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single family residential dwellings within three hundred feet (300') of the MH;

      3.   Have a minimum roof pitch of three in twelve (3:12);

      4.   Consist of more than one section;

      5.   Contain at least one thousand two hundred (1,200) square feet of living area;

      6.   Have a full, poured in place, perimeter foundation similar to that used for any other single-family home, with a crawl space below or an equivalent foundation approved by the building official.; and

      7.   Any manufactured home intended to be installed in Lyon County must be constructed or manufactured not more than six (6) years prior to the date of the application for the installation permit.

Standards 4 and 5 above may be waived by submitting and receiving approval of a minor variance by the director if the size or configuration of the subject parcel limits the size of a manufactured home that can be placed on the parcel or the existing square footage of single family residential dwellings in the immediate area are less than one thousand two hundred (1,200) square feet in living area.

Manufactured homes placed as single family dwellings pursuant to subsection 15.351.03A and B shall be reviewed as single family residential building permits through the Lyon County Building Department.

   B.   Manufactured homes placed as agricultural labor housing in conformance with subsection 15.351.03E of this chapter shall:

      1.   Comply with Federal standards for agricultural housing,

      2.   Be placed not less than ten feet (10') apart, and

      3.   Maintain a density no greater than one unit per forty (40) acres under a single ownership.

   C.   Manufactured homes placed as an accessory dwelling by hardship exception when approved by the Director in conformance with subsection 15.351.03D of this chapter shall:

      1.   Not be permanently affixed to the residential lot, and be maintained in a condition to permit removal of the unit upon termination of the hardship exception, and

      2.   Conform to such additional requirements as may be imposed by the Director.

   D.   Manufactured homes placed in a mobile home park developed in conformance with this title shall meet all standards, requirements and conditions of the mobile home park approval. Manufactured homes placed in a mobile home park developed in conformance with this title shall be reviewed as a manufactured home set-up permit through the Lyon County Building Department. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019; Ord. 623, 1-62022)

The Director may by special exception allow the installation of an MH in addition to the primary residence on a residential lot. The lot must be not less than one acre (gross) in size.

   A.   In approving a special exception, the Director must find:

      1.   That the additional MH conforms to the requirements for an accessory dwelling contained in section 15.335.03 of this title.

      2.   That the authorization of the additional MH is for the sole and express purpose of facilitating the care of an immediate relative.

      3.   That the authorization of the additional MH is intended to mitigate a special hardship resulting from handicap, age or infirmity as evidenced by a physician's certification. (Financial hardship alone shall not be sufficient grounds.)

      4.   That the authorization of the additional MH will not substantially impact the surrounding property owners.

      5.   That sufficient sewer, electrical power and water facilities and water rights are available to serve the additional MH.

   B.   An MH approved under this section shall not be permanently affixed to the residential lot, and shall be maintained in a condition to permit removal of the unit upon termination of the hardship exception.

   C.   The authorization of an additional MH may be upon such additional terms and conditions as the Director deems appropriate for the approval of the special exception.

   D.   Any MH authorized under this section may remain on the property only as long as the person for whom it was issued shall continue to reside in said MH and the special hardship shall continue to exist.

   E.   A notice of continuing use must be filed with the Director by the special exception grantee annually certifying that the special exception continues to be necessary under the same terms and conditions as the original approval.

   F.   At the time the applicant submits request for a special exception, the Director shall notify all property owners located within three hundred feet (300') of the parcel upon which the MH will be placed that the application has been received. The notification letter shall advise the property owners that this chapter contains language directing the Director to permit these hardship exceptions administratively, provided they comply with this chapter's provisions. The notification letter shall call to the property owners' attention that the Director will be reviewing the land use request and providing a determination on a date certain. The notification letter shall encourage property owners to contact the Director with their concerns and issues prior to that date. The notification letter shall advise these property owners that they may appeal the Director's determination in writing to the Lyon County Manager's Office within ten (10) days of the Director's determination. The notification letter shall further advise that the Board is the Appeal Authority and clarify that their review is limited to a determination that the Director failed to take in account some provision of this chapter that would serve as a basis for its denial or modification. The Board shall convene a public hearing for purpose of reviewing the Director's decision within thirty (30) days of receiving the written appeal. The County Manager's Office shall provide for the public notification according to the County's land use notification process. Absent some finding that the Director erred in the assessment, the Board shall uphold the Director's decision and direct approval of the hardship exception. If the Board determines that the Director erred in the assessment, they may conduct their own public hearing, relying upon this chapter for review and guidance, or they may remand the matter back to the Director with guidance.

   G.   The sale of the lot upon which an additional manufactured home has been authorized or the discontinuance of the specific hardship shall result in the automatic cancellation of the special exception approval for the additional manufactured home. Upon cancellation, the additional MH must be removed within thirty (30) calendar days. (Ord. 603, 11-1-2018)

   A.   Permits are required for manufactured homes in the following instances:

      1.   Prior to moving a manufactured home on any lot or parcel for the purpose of establishing a single-family residence, an installation permit must first be obtained from the County Building Department. It is unlawful for any person to do any construction, erection, alteration, installation, addition, reconstruction or moving of any manufactured home unless the appropriate permit has first been obtained from the Building Department.

      2.   If the electric or fuel gas has been disconnected from a manufactured home for greater than six (6) months, the owner must obtain a permit from the County Building Department prior to occupancy or connection of the electric or fuel gas service.

      3.   The fee for issuance of said permits shall be set by resolution of the Board.

   B.   Permit applications shall contain all documents and information as required by the Building Department. Such applications may be reviewed by other departments of State or local government for compliance with the laws and ordinances under their jurisdiction. If the Building Department is satisfied that the work described in an application for permit and plans filed therewith conform to the requirements of this title and other pertinent laws and ordinances, it may issue the appropriate permit(s). All work done under the permit(s) shall be done in accordance with the approved plans. Plans and specifications shall not be changed, modified or altered without authorization from the building official.

   C.   The following limitations and requirements shall apply to manufactured home permits:

      1.   Prior to moving an MH onto the lot or parcel, an installation permit and appropriate utility service permit must be obtained from the Building Department.

      2.   An application to place an MH on a residential lot pursuant to this chapter constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not within a Historic District.

      3.   An MH installation permit will expire one hundred eighty (180) days after the date of issuance unless a time extension is granted by the Building Department. The building official may grant a onetime thirty (30) day extension upon request and payment of an administrative fee as set by resolution of the Board.

      4.   The applicant must obtain all inspections required by the State, utility purveyor and County departments in order to receive a final approval for occupancy from the building official. (Ord. 603, 11-1-2018)

   A.   All manufactured homes and factory built housing installed on or after July 1, 1998, that are eligible for conversion under Nevada law, shall be converted to real property pursuant to Nevada Revised Statutes section 361.244.

   B.   All persons or entities seeking a manufactured home installation permit shall complete an agreement to convert to real property prior to Lyon County issuing the installation permit. The agreement will require that the applicant complete the real property conversion and that the MH or factory built housing be taxed as real property.

   C.   The requirement to convert to real property pursuant to subsection B of this section does not apply to manufactured homes or factory built housing under the following conditions:

      1.   Manufactured home located within an approved manufactured/mobile home park.

      2.   Manufactured home permitted by hardship exception approved by the Director.

      3.   Manufactured home upon land which is not owned by the owner of the MH or factory built housing.

      4.   Manufactured home moved within the County that is twenty (20) or more years old at the time it is moved.

   D.   In order to have a manufactured home assessed as real property, the MH must be permanently affixed to concrete footings that comply with the current Building Code, meet Lyon County permit and State law requirements, and, in all cases, the "running gear" attached to the home must be completely removed from under the MH.

   E.   Real property conversion shall comply with all Federal, State and local requirements. (Ord. 603, 11-1-2018)