Senate Bill No. 323–Senator Amodei

March 5, 1999

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Joint Sponsor: Assemblywoman Buckley

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding manufactured homes. (BDR 22-997)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to land use planning; requiring that a governing body must include a manufactured home within the definition of a single-family residence in the zoning ordinances of the governing body; authorizing a governing body to adopt certain standards with respect to manufactured homes that are not affixed to a lot within a mobile home park; providing the circumstances pursuant to which a manufactured home constitutes real property; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 278 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. "Mobile home park" has the meaning ascribed to it in NRS

1-4 118B.017.

1-5 Sec. 3. 1. Except as otherwise provided in this section, in an

1-6 ordinance relating to the zoning of land adopted or amended by a

1-7 governing body, the definition of "single-family residence" must include

1-8 a manufactured home.

1-9 2. Notwithstanding the provisions of subsection 1, a governing body

1-10 may adopt standards for the construction and placement of a

1-11 manufactured home that will not be affixed to a lot within a mobile home

1-12 park which require that the manufactured home:

2-1 (a) Be composed of more than one section and enclose a space of at

2-2 least 960 square feet;

2-3 (b) Be placed on a foundation that has been excavated and backfilled

2-4 and is enclosed around the perimeter;

2-5 (c) Have a roof that is sloped, but the degree of slope is not required to

2-6 exceed 3 feet in height for each 12 feet in width;

2-7 (d) Have exterior siding and roofing which is:

2-8 (1) Similar in color, material, appearance and age to the exterior

2-9 siding and roofing commonly used on other residential dwellings in the

2-10 community in which the manufactured home is located; or

2-11 (2) Constructed of materials that are comparable to the materials

2-12 predominantly used for the exterior siding and roofing on residential

2-13 dwellings in the immediate vicinity of the manufactured home, as

2-14 determined by the city or county building inspector, appointed pursuant

2-15 to NRS 278.570, or an employee of the inspector;

2-16 (e) Have a carport or garage that is attached to or detached from the

2-17 manufactured home, if a predominant number of other residential

2-18 dwellings in the immediate vicinity of the manufactured home are

2-19 equipped with such a carport or garage; and

2-20 (f) Including the lot on which the manufactured home will be affixed,

2-21 meets any requirement regarding size, architecture or development of

2-22 real property that would be imposed with respect to a conventional

2-23 single-family residential dwelling constructed on the same lot.

2-24 The governing body may adopt standards that are less restrictive than the

2-25 standards set forth in this subsection.

2-26 3. Standards adopted by a governing body pursuant to subsection 2

2-27 must be objective and documented clearly and must not be adopted to

2-28 discourage or impede the construction or provision of affordable

2-29 housing.

2-30 4. The provisions of this section do not abrogate a recorded

2-31 restrictive covenant.

2-32 5. As used in this section, "manufactured home" has the meaning

2-33 ascribed to it in NRS 489.113.

2-34 Sec. 4. NRS 278.010 is hereby amended to read as follows:

2-35 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

2-36 and 3 of this act, unless the context otherwise requires, the words and

2-37 terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of

2-38 this act have the meanings ascribed to them in those sections.

2-39 Sec. 5. NRS 361.035 is hereby amended to read as follows:

2-40 361.035 1. "Real estate" or "real property" means:

2-41 (a) All houses, buildings, fences, ditches, structures, erections, railroads,

2-42 toll roads and bridges, or other improvements built or erected upon any

2-43 land, whether such land is private property or property of [the] this state or

3-1 of the United States, or of any municipal or other corporation, or of any

3-2 county, city or town in this state.

3-3 (b) Any mobile home , [or] factory-built housing or manufactured

3-4 home which meets the requirements of NRS 361.244.

3-5 (c) The ownership of, or claim to, or possession of, or right of

3-6 possession to any lands within this state.

3-7 (d) The claim by or the possession of any person, firm, corporation,

3-8 association or company to any land.

3-9 2. The property described in subsection 1 must be listed under the head

3-10 of "real estate."

3-11 3. Except as otherwise provided in NRS 361.2445, when an agreement

3-12 has been entered into, whether in writing or not, or when there is sufficient

3-13 reason to believe that an agreement has been entered into, for the

3-14 dismantling, moving or carrying away or wrecking of the property

3-15 described in subsection 1, the property must be classified as personal

3-16 property, and not real estate.

3-17 4. For the purposes of this chapter, "real estate" or "real property" does

3-18 not include leasehold or other possessory interests in land owned by the

3-19 Federal Government on which land the Federal Government is paying taxes

3-20 to the State of Nevada or is, pursuant to contractual obligation, paying any

3-21 sum in lieu of taxes to the State of Nevada.

3-22 Sec. 6. NRS 361.244 is hereby amended to read as follows:

3-23 361.244 1. A mobile home is eligible to become real property if the

3-24 running gear is removed and it becomes, on or after July 1, 1979,

3-25 permanently affixed to land which is owned by the owner of the mobile

3-26 home.

3-27 2. A mobile home becomes real property when the assessor of the

3-28 county in which the mobile home is located has placed it on the tax roll as

3-29 real property. The assessor shall not place a mobile home on the tax roll

3-30 until:

3-31 (a) He has received verification from the manufactured housing division

3-32 of the department of business and industry that there is no security interest

3-33 in the mobile home or the holders of security interests have agreed in

3-34 writing to the conversion of the mobile home to real property;

3-35 (b) The unsecured personal property tax has been paid in full for the

3-36 current fiscal year;

3-37 (c) An affidavit of conversion of the mobile home from personal to real

3-38 property has been recorded in the county recorder’s office of the county in

3-39 which the mobile home is located; and

3-40 (d) The dealer or owner has delivered to the division a copy of the

3-41 recorded affidavit of conversion and all documents relating to the mobile

3-42 home in its former condition as personal property.

4-1 3. A mobile home which is converted to real property pursuant to this

4-2 section shall be deemed to be a fixture and an improvement to the real

4-3 property to which it is affixed.

4-4 4. Factory-built housing, as defined in NRS 461.080, constitutes real

4-5 property if it becomes, on or after July 1, 1979, permanently affixed to land

4-6 which is owned by the owner of the factory-built housing.

4-7 5. A manufactured home, as defined in NRS 489.113, constitutes

4-8 real property if it becomes, on or after January 1, 2000, permanently

4-9 affixed to land which is owned by the owner of the manufactured home.

4-10 6. For the purposes of this section, "land which is owned" includes

4-11 land for which the owner has a possessory interest resulting from a life

4-12 estate, lease or contract for sale.

4-13 Sec. 7. NRS 489.288 is hereby amended to read as follows:

4-14 489.288 Except as otherwise provided in section 3 of this act:

4-15 1. A local governing body may adopt ordinances and regulations

4-16 which, except for ordinances and regulations regarding any prerequisites to

4-17 the classification of a manufactured home or mobile home as real property

4-18 pursuant to NRS 361.244, are no more stringent than the provisions of this

4-19 chapter, the regulations adopted pursuant to this chapter and applicable

4-20 federal statutes and regulations. Compliance with an ordinance or

4-21 regulation of a local governing body does not excuse any person from

4-22 compliance with this chapter and the regulations adopted pursuant to this

4-23 chapter.

4-24 2. The provisions of this chapter and the regulations adopted pursuant

4-25 to this chapter supersede and preempt any ordinance or regulation of a local

4-26 governing body that is more stringent than those provisions, except for an

4-27 ordinance or regulation regarding any prerequisites to the classification of a

4-28 manufactured home or mobile home as real property pursuant to NRS

4-29 361.244.

4-30 Sec. 8. NRS 489.461 is hereby amended to read as follows:

4-31 489.461 [Any] Except as otherwise provided in section 3 of this act, a

4-32 manufactured home, mobile home, travel trailer or commercial coach for

4-33 which a certificate and label of compliance has been issued pursuant to the

4-34 provisions of this chapter is not required to comply with any local building

4-35 codes or ordinances prescribing standards for plumbing, heating, electrical

4-36 systems, body and frame design and construction requirements.

4-37 Sec. 9. This act becomes effective on January 1, 2000.

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