August 4, 1976
Mr. Robert R. Slocum
State's Attorney
Walworth County Courthouse
Selby, South Dakota 57472
OFFICIAL OPINION NO. 76-73
Classification of mobile homes as residences
Dear Mr. Slocum:
You have requested an opinion from this office in regard to the following questions:
l. Referring to Attorney General's Opinion No. 71-16, would the definition of mobile home as therein expressed apply to definitions of a mobile home as may be referred to in city zoning ordinances relating to types of structures and fire zone regulations in zoned areas, or does the same apply solely for taxation purposes?
2. If running gear and hitch are removed from a mobile home, and it is placed on a permanent block or poured cement foundation, would a mobile home then be classified as a residence comparable with a built structure, either under the definition provided in the ordinance hereinafter cited, or under the terms and provisions of regulations or laws of this state, such as SDCL 34-34A?
The governing body of the City of Mobridge has, by comprehensive zoning ordinance, defined "mobile home" as being:
Any vehicle or similar portable structure used, or so constructed as to permit its being used, as a conveyance upon the public streets or highways, and designated or intended to permit the occupation thereof as a dwelling place or sleeping place for one or more persons.
With regard to your request, the definition of mobile home found in 71-72 AGR 93 was based on a Department of Revenue regulation which is no longer in effect.
Your second question relates to the construction of a municipal ordinance which this office cannot make. I will state, however, that it is my opinion that neither SDCL 34-34A nor other state regulations not related to zoning would have any bearing on the Mobridge zoning ordinance.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:JD:dk
