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 that:1-12
(a) The manufactured home:1-13
(1) Be permanently affixed to a residential lot;2-1
(2) Be manufactured within the 5 years immediately preceding the2-2
date on which it is affixed to the residential lot;2-3
(3) Have exterior siding and roofing which is similar in color,2-4
material and appearance to the exterior siding and roofing primarily2-5
used on other single-family residential dwellings in the immediate2-6
vicinity of the manufactured home, as established by the governing body;2-7
(4) Consist of more than one section; and2-8
(5) Consist of at least 1,200 square feet of living area unless the2-9
governing body, by administrative variance or other expedited procedure2-10
established by the governing body, approves a lesser amount of square2-11
footage based on the size or configuration of the lot or the square footage2-12
of single-family residential dwellings in the immediate vicinity of the2-13
manufactured home; and2-14
(b) If the manufactured home has an elevated foundation, the2-15
foundation is masked architecturally in a manner determined by the2-16
governing body.2-17
The governing body of a local government in a county whose population2-18
is less than 25,000 may adopt standards that are less restrictive than the2-19
standards set forth in this subsection.2-20
3. Standards adopted by a governing body pursuant to subsection 22-21
must be objective and documented clearly and must not be adopted to2-22
discourage or impede the construction or provision of affordable2-23
housing, including, without limitation, the use of manufactured homes2-24
for affordable housing.2-25
4. The provisions of this section do not abrogate a recorded2-26
restrictive covenant prohibiting manufactured homes nor do the2-27
provisions apply within the boundaries of a historic district established2-28
pursuant to NRS 384.005 or 384.100. An application to place a2-29
manufactured home on a residential lot pursuant to this section2-30
constitutes an attestation by the owner of the lot that the placement2-31
complies with all covenants, conditions and restrictions placed on the lot2-32
and that the lot is not located within a historic district.2-33
5. As used in this section, "manufactured home" has the meaning2-34
ascribed to it in NRS 489.113.2-35
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 22-37
and 3 of this act, unless the context otherwise requires, the words and2-38
terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of2-39
this act have the meanings ascribed to them in those sections.2-40
Sec. 5. NRS 361.035 is hereby amended to read as follows: 361.035 1. "Real estate" or "real property" means:2-42
(a) All houses, buildings, fences, ditches, structures, erections, railroads,2-43
toll roads and bridges, or other improvements built or erected upon any3-1
land, whether such land is private property or property of3-2
of the United States, or of any municipal or other corporation, or of any3-3
county, city or town in this state.3-4
(b) Any mobile home ,3-5
home which meets the requirements of NRS 361.244.3-6
(c) The ownership of, or claim to, or possession of, or right of3-7
possession to any lands within this state.3-8
(d) The claim by or the possession of any person, firm, corporation,3-9
association or company to any land.3-10
2. The property described in subsection 1 must be listed under the head3-11
of "real estate."3-12
3. Except as otherwise provided in NRS 361.2445, when an agreement3-13
has been entered into, whether in writing or not, or when there is sufficient3-14
reason to believe that an agreement has been entered into, for the3-15
dismantling, moving or carrying away or wrecking of the property3-16
described in subsection 1, the property must be classified as personal3-17
property, and not real estate.3-18
4. For the purposes of this chapter, "real estate" or "real property" does3-19
not include leasehold or other possessory interests in land owned by the3-20
Federal Government on which land the Federal Government is paying taxes3-21
to the State of Nevada or is, pursuant to contractual obligation, paying any3-22
sum in lieu of taxes to the State of Nevada.3-23
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 the3-25
running gear is removed and it becomes, on or after July 1, 1979,3-26
permanently affixed to land which is owned by the owner of the mobile3-27
home.3-28
2. A mobile home becomes real property when the assessor of the3-29
county in which the mobile home is located has placed it on the tax roll as3-30
real property. The assessor shall not place a mobile home on the tax roll3-31
until:3-32
(a) He has received verification from the manufactured housing division3-33
of the department of business and industry that there is no security interest3-34
in the mobile home or the holders of security interests have agreed in3-35
writing to the conversion of the mobile home to real property;3-36
(b) The unsecured personal property tax has been paid in full for the3-37
current fiscal year;3-38
(c) An affidavit of conversion of the mobile home from personal to real3-39
property has been recorded in the county recorder’s office of the county in3-40
which the mobile home is located; and3-41
(d) The dealer or owner has delivered to the division a copy of the3-42
recorded affidavit of conversion and all documents relating to the mobile3-43
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.~