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; requiring 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 shall adopt standards for the placement of a manufactured home that

1-11 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 the

2-2 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 primarily

2-5 used on other single-family residential dwellings in the immediate

2-6 vicinity of the manufactured home, as established by the governing body;

2-7 (4) Consist of more than one section; and

2-8 (5) Consist of at least 1,200 square feet of living area unless the

2-9 governing body, by administrative variance or other expedited procedure

2-10 established by the governing body, approves a lesser amount of square

2-11 footage based on the size or configuration of the lot or the square footage

2-12 of single-family residential dwellings in the immediate vicinity of the

2-13 manufactured home; and

2-14 (b) If the manufactured home has an elevated foundation, the

2-15 foundation is masked architecturally in a manner determined by the

2-16 governing body.

2-17 The governing body of a local government in a county whose population

2-18 is less than 25,000 may adopt standards that are less restrictive than the

2-19 standards set forth in this subsection.

2-20 3. Standards adopted by a governing body pursuant to subsection 2

2-21 must be objective and documented clearly and must not be adopted to

2-22 discourage or impede the construction or provision of affordable

2-23 housing, including, without limitation, the use of manufactured homes

2-24 for affordable housing.

2-25 4. The provisions of this section do not abrogate a recorded

2-26 restrictive covenant prohibiting manufactured homes nor do the

2-27 provisions apply within the boundaries of a historic district established

2-28 pursuant to NRS 384.005 or 384.100. An application to place a

2-29 manufactured home on a residential lot pursuant to this section

2-30 constitutes an attestation by the owner of the lot that the placement

2-31 complies with all covenants, conditions and restrictions placed on the lot

2-32 and that the lot is not located within a historic district.

2-33 5. As used in this section, "manufactured home" has the meaning

2-34 ascribed to it in NRS 489.113.

2-35 Sec. 4. NRS 278.010 is hereby amended to read as follows:

2-36 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

2-37 and 3 of this act, unless the context otherwise requires, the words and

2-38 terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of

2-39 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:

2-41 361.035 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 any

3-1 land, whether such land is private property or property of [the] this state or

3-2 of the United States, or of any municipal or other corporation, or of any

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

3-4 (b) Any mobile home , [or] factory-built housing or manufactured

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 of

3-7 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 head

3-11 of "real estate."

3-12 3. Except as otherwise provided in NRS 361.2445, when an agreement

3-13 has been entered into, whether in writing or not, or when there is sufficient

3-14 reason to believe that an agreement has been entered into, for the

3-15 dismantling, moving or carrying away or wrecking of the property

3-16 described in subsection 1, the property must be classified as personal

3-17 property, and not real estate.

3-18 4. For the purposes of this chapter, "real estate" or "real property" does

3-19 not include leasehold or other possessory interests in land owned by the

3-20 Federal Government on which land the Federal Government is paying taxes

3-21 to the State of Nevada or is, pursuant to contractual obligation, paying any

3-22 sum in lieu of taxes to the State of Nevada.

3-23 Sec. 6. NRS 361.244 is hereby amended to read as follows:

3-24 361.244 1. A mobile home is eligible to become real property if the

3-25 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 mobile

3-27 home.

3-28 2. A mobile home becomes real property when the assessor of the

3-29 county in which the mobile home is located has placed it on the tax roll as

3-30 real property. The assessor shall not place a mobile home on the tax roll

3-31 until:

3-32 (a) He has received verification from the manufactured housing division

3-33 of the department of business and industry that there is no security interest

3-34 in the mobile home or the holders of security interests have agreed in

3-35 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 the

3-37 current fiscal year;

3-38 (c) An affidavit of conversion of the mobile home from personal to real

3-39 property has been recorded in the county recorder’s office of the county in

3-40 which the mobile home is located; and

3-41 (d) The dealer or owner has delivered to the division a copy of the

3-42 recorded affidavit of conversion and all documents relating to the mobile

3-43 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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