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
shall adopt standards for the placement of a manufactured home that1-11
will not be affixed to a lot within a mobile home park which require that1-12
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 complies with the standards for a2-4
foundation for a manufactured home as set forth in the Uniform2-5
Building Code in the form most recently adopted before January 1, 2000,2-6
by the International Conference of Building Officials;2-7
(c) Have a roof that is sloped, but the degree of slope is not required to2-8
exceed 3 feet in height for each 12 feet in width, unless the governing2-9
body determines that local conditions warrant a more restrictive2-10
standard;2-11
(d) Have exterior siding and roofing which is:2-12
(1) Similar in color, material, appearance and age to the exterior2-13
siding and roofing commonly used on other residential dwellings in the2-14
community in which the manufactured home is located; or2-15
(2) Constructed of materials that are comparable to the materials2-16
predominantly used for the exterior siding and roofing on residential2-17
dwellings in the immediate vicinity of the manufactured home, as2-18
determined by the city or county building inspector, appointed pursuant2-19
to NRS 278.570, or an employee of the inspector;2-20
(e) Have a carport or garage that is attached to or detached from the2-21
manufactured home, if a predominant number of other residential2-22
dwellings in the immediate vicinity of the manufactured home are2-23
equipped with such a carport or garage;2-24
(f) Including the lot on which the manufactured home will be affixed,2-25
meets any requirement regarding size, architecture or development of2-26
real property that would be imposed with respect to a conventional2-27
single-family residential dwelling constructed on the same lot; and2-28
(g) Be manufactured after January 1, 1996.2-29
The governing body of a local government in a county whose population2-30
is less than 25,000 may adopt standards that are less restrictive than the2-31
standards set forth in this subsection.2-32
3. Standards adopted by a governing body pursuant to subsection 22-33
must be objective and documented clearly and must not be adopted to2-34
discourage or impede the construction or provision of affordable2-35
housing.2-36
4. The provisions of this section do not abrogate a recorded2-37
restrictive covenant.2-38
5. As used in this section, "manufactured home" has the meaning2-39
ascribed to it in NRS 489.113.2-40
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 22-42
and 3 of this act, unless the context otherwise requires, the words and3-1
terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of3-2
this act have the meanings ascribed to them in those sections.3-3
Sec. 5. NRS 361.035 is hereby amended to read as follows: 361.035 1. "Real estate" or "real property" means:3-5
(a) All houses, buildings, fences, ditches, structures, erections, railroads,3-6
toll roads and bridges, or other improvements built or erected upon any3-7
land, whether such land is private property or property of3-8
of the United States, or of any municipal or other corporation, or of any3-9
county, city or town in this state.3-10
(b) Any mobile home ,3-11
home which meets the requirements of NRS 361.244.3-12
(c) The ownership of, or claim to, or possession of, or right of3-13
possession to any lands within this state.3-14
(d) The claim by or the possession of any person, firm, corporation,3-15
association or company to any land.3-16
2. The property described in subsection 1 must be listed under the head3-17
of "real estate."3-18
3. Except as otherwise provided in NRS 361.2445, when an agreement3-19
has been entered into, whether in writing or not, or when there is sufficient3-20
reason to believe that an agreement has been entered into, for the3-21
dismantling, moving or carrying away or wrecking of the property3-22
described in subsection 1, the property must be classified as personal3-23
property, and not real estate.3-24
4. For the purposes of this chapter, "real estate" or "real property" does3-25
not include leasehold or other possessory interests in land owned by the3-26
Federal Government on which land the Federal Government is paying taxes3-27
to the State of Nevada or is, pursuant to contractual obligation, paying any3-28
sum in lieu of taxes to the State of Nevada.3-29
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 the3-31
running gear is removed and it becomes, on or after July 1, 1979,3-32
permanently affixed to land which is owned by the owner of the mobile3-33
home.3-34
2. A mobile home becomes real property when the assessor of the3-35
county in which the mobile home is located has placed it on the tax roll as3-36
real property. The assessor shall not place a mobile home on the tax roll3-37
until:3-38
(a) He has received verification from the manufactured housing division3-39
of the department of business and industry that there is no security interest3-40
in the mobile home or the holders of security interests have agreed in3-41
writing to the conversion of the mobile home to real property;3-42
(b) The unsecured personal property tax has been paid in full for the3-43
current fiscal year;4-1
(c) An affidavit of conversion of the mobile home from personal to real4-2
property has been recorded in the county recorder’s office of the county in4-3
which the mobile home is located; and4-4
(d) The dealer or owner has delivered to the division a copy of the4-5
recorded affidavit of conversion and all documents relating to the mobile4-6
home in its former condition as personal property.4-7
3. A mobile home which is converted to real property pursuant to this4-8
section shall be deemed to be a fixture and an improvement to the real4-9
property to which it is affixed.4-10
4. Factory-built housing, as defined in NRS 461.080, constitutes real4-11
property if it becomes, on or after July 1, 1979, permanently affixed to land4-12
which is owned by the owner of the factory-built housing.4-13
5. A manufactured home, as defined in NRS 489.113, constitutes4-14
real property if it becomes, on or after January 1, 2000, permanently4-15
affixed to land which is owned by the owner of the manufactured home.4-16
6. For the purposes of this section, "land which is owned" includes4-17
land for which the owner has a possessory interest resulting from a life4-18
estate, lease or contract for sale.4-19
Sec. 7. NRS 489.288 is hereby amended to read as follows: 489.288 Except as otherwise provided in section 3 of this act:4-21
1. A local governing body may adopt ordinances and regulations4-22
which, except for ordinances and regulations regarding any prerequisites to4-23
the classification of a manufactured home or mobile home as real property4-24
pursuant to NRS 361.244, are no more stringent than the provisions of this4-25
chapter, the regulations adopted pursuant to this chapter and applicable4-26
federal statutes and regulations. Compliance with an ordinance or4-27
regulation of a local governing body does not excuse any person from4-28
compliance with this chapter and the regulations adopted pursuant to this4-29
chapter.4-30
2. The provisions of this chapter and the regulations adopted pursuant4-31
to this chapter supersede and preempt any ordinance or regulation of a local4-32
governing body that is more stringent than those provisions, except for an4-33
ordinance or regulation regarding any prerequisites to the classification of a4-34
manufactured home or mobile home as real property pursuant to NRS4-35
361.244.4-36
Sec. 8. NRS 489.461 is hereby amended to read as follows: 489.4614-38
manufactured home, mobile home, travel trailer or commercial coach for4-39
which a certificate and label of compliance has been issued pursuant to the4-40
provisions of this chapter is not required to comply with any local building4-41
codes or ordinances prescribing standards for plumbing, heating, electrical4-42
systems, body and frame design and construction requirements.5-1
Sec. 9. This act becomes effective on January 1, 2000.~