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
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 thereto1-2
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 NRS1-4
118B.017.1-5
Sec. 3. 1. Except as otherwise provided in this section, in an1-6
ordinance relating to the zoning of land adopted or amended by a1-7
governing body, the definition of "single-family residence" must include1-8
a manufactured home.1-9
2. Notwithstanding the provisions of subsection 1, a governing body1-10
may adopt standards for the construction and placement of a1-11
manufactured home that will not be affixed to a lot within a mobile home1-12
park which require that the manufactured home:2-1
(a) Be composed of more than one section and enclose a space of at2-2
least 960 square feet;2-3
(b) Be placed on a foundation that has been excavated and backfilled2-4
and is enclosed around the perimeter;2-5
(c) Have a roof that is sloped, but the degree of slope is not required to2-6
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 exterior2-9
siding and roofing commonly used on other residential dwellings in the2-10
community in which the manufactured home is located; or2-11
(2) Constructed of materials that are comparable to the materials2-12
predominantly used for the exterior siding and roofing on residential2-13
dwellings in the immediate vicinity of the manufactured home, as2-14
determined by the city or county building inspector, appointed pursuant2-15
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 the2-17
manufactured home, if a predominant number of other residential2-18
dwellings in the immediate vicinity of the manufactured home are2-19
equipped with such a carport or garage; and2-20
(f) Including the lot on which the manufactured home will be affixed,2-21
meets any requirement regarding size, architecture or development of2-22
real property that would be imposed with respect to a conventional2-23
single-family residential dwelling constructed on the same lot.2-24
The governing body may adopt standards that are less restrictive than the2-25
standards set forth in this subsection.2-26
3. Standards adopted by a governing body pursuant to subsection 22-27
must be objective and documented clearly and must not be adopted to2-28
discourage or impede the construction or provision of affordable2-29
housing.2-30
4. The provisions of this section do not abrogate a recorded2-31
restrictive covenant.2-32
5. As used in this section, "manufactured home" has the meaning2-33
ascribed to it in NRS 489.113.2-34
Sec. 4. NRS 278.010 is hereby amended to read as follows: 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 22-36
and 3 of this act, unless the context otherwise requires, the words and2-37
terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of2-38
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: 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 any2-43
land, whether such land is private property or property of3-1
of the United States, or of any municipal or other corporation, or of any3-2
county, city or town in this state.3-3
(b) Any mobile home ,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 of3-6
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 head3-10
of "real estate."3-11
3. Except as otherwise provided in NRS 361.2445, when an agreement3-12
has been entered into, whether in writing or not, or when there is sufficient3-13
reason to believe that an agreement has been entered into, for the3-14
dismantling, moving or carrying away or wrecking of the property3-15
described in subsection 1, the property must be classified as personal3-16
property, and not real estate.3-17
4. For the purposes of this chapter, "real estate" or "real property" does3-18
not include leasehold or other possessory interests in land owned by the3-19
Federal Government on which land the Federal Government is paying taxes3-20
to the State of Nevada or is, pursuant to contractual obligation, paying any3-21
sum in lieu of taxes to the State of Nevada.3-22
Sec. 6. NRS 361.244 is hereby amended to read as follows: 361.244 1. A mobile home is eligible to become real property if the3-24
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 mobile3-26
home.3-27
2. A mobile home becomes real property when the assessor of the3-28
county in which the mobile home is located has placed it on the tax roll as3-29
real property. The assessor shall not place a mobile home on the tax roll3-30
until:3-31
(a) He has received verification from the manufactured housing division3-32
of the department of business and industry that there is no security interest3-33
in the mobile home or the holders of security interests have agreed in3-34
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 the3-36
current fiscal year;3-37
(c) An affidavit of conversion of the mobile home from personal to real3-38
property has been recorded in the county recorder’s office of the county in3-39
which the mobile home is located; and3-40
(d) The dealer or owner has delivered to the division a copy of the3-41
recorded affidavit of conversion and all documents relating to the mobile3-42
home in its former condition as personal property.4-1
3. A mobile home which is converted to real property pursuant to this4-2
section shall be deemed to be a fixture and an improvement to the real4-3
property to which it is affixed.4-4
4. Factory-built housing, as defined in NRS 461.080, constitutes real4-5
property if it becomes, on or after July 1, 1979, permanently affixed to land4-6
which is owned by the owner of the factory-built housing.4-7
5. A manufactured home, as defined in NRS 489.113, constitutes4-8
real property if it becomes, on or after January 1, 2000, permanently4-9
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" includes4-11
land for which the owner has a possessory interest resulting from a life4-12
estate, lease or contract for sale.4-13
Sec. 7. NRS 489.288 is hereby amended to read as follows: 489.288 Except as otherwise provided in section 3 of this act:4-15
1. A local governing body may adopt ordinances and regulations4-16
which, except for ordinances and regulations regarding any prerequisites to4-17
the classification of a manufactured home or mobile home as real property4-18
pursuant to NRS 361.244, are no more stringent than the provisions of this4-19
chapter, the regulations adopted pursuant to this chapter and applicable4-20
federal statutes and regulations. Compliance with an ordinance or4-21
regulation of a local governing body does not excuse any person from4-22
compliance with this chapter and the regulations adopted pursuant to this4-23
chapter.4-24
2. The provisions of this chapter and the regulations adopted pursuant4-25
to this chapter supersede and preempt any ordinance or regulation of a local4-26
governing body that is more stringent than those provisions, except for an4-27
ordinance or regulation regarding any prerequisites to the classification of a4-28
manufactured home or mobile home as real property pursuant to NRS4-29
361.244.4-30
Sec. 8. NRS 489.461 is hereby amended to read as follows: 489.4614-32
manufactured home, mobile home, travel trailer or commercial coach for4-33
which a certificate and label of compliance has been issued pursuant to the4-34
provisions of this chapter is not required to comply with any local building4-35
codes or ordinances prescribing standards for plumbing, heating, electrical4-36
systems, body and frame design and construction requirements.4-37
Sec. 9. This act becomes effective on January 1, 2000.~