S.B. 48
- *SB48*
SENATE BILL NO. 48–COMMITTEE ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE CITY OF LAS VEGAS)
PREFILED NOVEMBER 19, 2024
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to planning and zoning.
(BDR 22-413)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
CONTAINS UNFUNDED MANDATE (§§ 6, 7)
(REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to land use planning; requiring in certain counties
that certain actions of a local government conform to the
master plan of the local government; revising provisions
relating to the authority of a planning commission or
governing body of a county or city to approve or deny a
proposed development project; revising the elements of a
master plan; revising provisions relating to certain
elements of a master plan; establishing certain
requirements relating to the review of a proposed
amendment to a land use element by a planning
commission; providing that the master plan serves as the
basis for zoning regulations and ordinances and certain
capital improvement plans; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the planning commission of a city or county to prepare a 1
comprehensive, long-term general plan for the physical development of the city, 2
county or region, which is known as a master plan. Existing law establishes nine 3
certain elements that may be included in a master plan, except that certain cities or 4
counties are required to include all or a portion of certain elements in a master plan. 5
(NRS 278.150-278.170) Section 7 of this bill revises provisions relating to the 6
conservation element, housing element, land use element and safety element of a 7
master plan. 8
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Under existing law, the conservation element of a master plan is required to 9
include a conservation plan for the conservation, development and utilization of 10
certain natural resources. (NRS 278.160) Section 7 requires that the conservation 11
plan also address the sustainability and resilience of the natural resources included 12
in the conservation plan. 13
Under existing law, the housing element of a master plan is required to include 14
certain inventories, analyses, determinations and plans relating to housing. (NRS 15
278.160) Section 7 adds a requirement for a plan for addressing homelessness. 16
Under existing law, the land use element of a master plan is required to include 17
provisions concerning community design, a land use plan and, in a county whose 18
population is 700,000 or more (currently only Clark County), a rural neighborhoods 19
preservation plan. (NRS 278.160) Section 7 revises the land use plan to require a 20
designation of future land uses for all areas of the city, county or region. Section 7 21
also revises provisions relating to the land use plan by: (1) clarifying that a land use 22
plan governs the implementation of any zoning regulation or ordinance; (2) 23
requiring a land use plan to indicate the categories and general type of permitted 24
uses; and (3) requiring a land use plan to specify the permitted density or intensity 25
of the use of land. 26
Under existing law, the safety element of a master plan is required to include a 27
seismic safety plan and, in a county whose population is 700,000 or more, a safety 28
plan. (NRS 278.160) Section 7 adds a public safety plan that identifies the 29
availability of fire protection, emergency medical services and police services. 30
Section 7 also establishes three additional elements of a master plan, including 31
an economic element, an education element and a public health element. Section 6 32
of this bill requires the governing body of a city or county in a county whose 33
population is 700,000 or more to adopt a master plan that includes, in addition to 34
certain required elements, the elements established by section 7. 35
Section 3 of this bill sets forth that if a planning commission or governing body 36
finds that a proposed development project in a city, county or region is not 37
consistent with the master plan, the planning commission or governing body may 38
deny or condition approval of the proposed development project to require 39
consistency with the master plan. 40
Existing law requires any local government in a county whose population is 41
100,000 or more but less than 700,000 (currently only Washoe County) to: (1) 42
make any action relating to development, zoning, the subdivision of land or capital 43
improvements conform to the master plan of the local government; (2) while 44
adopting certain ordinances or regulations, make a specific finding that the 45
ordinance conforms to the master plan; and (3) within 1 year after adoption of any 46
portion of a master plan, to amend any ordinances to ensure the ordinance conforms 47
to the master plan. Existing law also makes clear that the master plan governs any 48
action taken in regard to an application for development, if any regulation relating 49
to land development is inconsistent with the master plan. (NRS 278.0284) Sections 50
2 and 5 of this bill establish the same provisions for counties whose population is 51
700,000 or more. 52
Section 4 of this bill applies the definitions in existing law relating to planning 53
and zoning to the provisions of sections 2 and 3. 54
Existing law requires: (1) each local government whose budget includes any 55
expenditure for the acquisition or maintenance of a capital improvement to prepare 56
a plan for capital improvements which conforms with its master plan and which 57
includes at least the 3 ensuing fiscal years but not more than 20 fiscal years; and (2) 58
each local government to annually prepare a capital improvement plan for the fiscal 59
year ending on June 30 of that year and the ensuing 5 fiscal years. (NRS 278.0226, 60
354.5945) Existing law further requires the governing body of a county or city to 61
put the adopted master plan into effect and that the master plan will serve as a basis 62
for certain decisions. (NRS 278.230) Section 9 of this bill provides that the master 63
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plan of the city or county also be a basis for the preparation of the capital 64
improvement plan. Section 9 also requires that the master plan be the basis for 65
zoning ordinances and regulations. 66
Existing law authorizes a governing body to divide the city, county or region 67
into zoning districts of such number, shape and area as are best suited to carry out 68
certain purposes. Within a zoning district, the governing body may regulate and 69
restrict the erection, construction, reconstruction, alteration, repair or use of 70
buildings, structures or land. Zoning regulations must be adopted in accordance 71
with the master plan for land use. (NRS 278.250) Section 10 of this bill requires 72
instead that the zoning regulations be consistent with the master plan for land use. 73
Section 11 of this bill requires the governing body or planning commission of 74
the city, county or region to consider conformity with the zoning ordinances and 75
master plan when taking final action on a tentative map. 76
Existing law sets forth certain procedures and requirements relating to the 77
adoption of the master plan, any part of the master plan or any substantial 78
amendment thereof by the commission. (NRS 278.210) Section 8 of this bill adds a 79
requirement that, in counties whose population is 700,000 or more, before the 80
commission may review or adopt any proposed amendment to a land use element of 81
a master plan, the proposed amendment first must be submitted to the staff of the 82
city or county to make a recommendation for approval or denial and establishes the 83
criteria upon which the recommendation must be made. 84
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. Any action of a governing body relating to 3
development, zoning, the subdivision of land or capital 4
improvements must conform to the master plan of the local 5
government. In adopting any ordinance or regulation relating to 6
development, zoning, the subdivision of land or capital 7
improvements, the governing body shall make a specific finding 8
that the ordinance conforms to the master plan. Within 1 year 9
after its adoption of any portion of a master plan, the local 10
government shall review and, if necessary, amend its existing 11
ordinances to ensure their conformity with the provisions and 12
policies of the master plan. If any provision or policy of the master 13
plan is inconsistent with any regulation relating to land 14
development, the provision or policy of the master plan governs 15
any action taken in regard to an application for development. 16
Sec. 3. 1. If a planning commission or governing body 17
finds that a proposed development project in the city, county or 18
region, as applicable, is not consistent with the master plan, the 19
planning commission or governing body may: 20
(a) Deny the approval of the project; or 21
(b) Approve the project on the condition that the project is 22
amended in a way that is consistent with the master plan. 23
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2. The authority of a planning commission or governing body 1
to deny or condition the approval of a proposed development 2
project pursuant to subsection 1 applies regardless of whether the 3
proposed development project is consistent with applicable zoning 4
regulations or ordinances. 5
Sec. 4. NRS 278.010 is hereby amended to read as follows: 6
278.010 As used in NRS 278.010 to 278.630, inclusive, and 7
sections 2 and 3 of this act, unless the context otherwise requires, 8
the words and terms defined in NRS 278.0103 to 278.0195, 9
inclusive, have the meanings ascribed to them in those sections. 10
Sec. 5. NRS 278.02507 is hereby amended to read as follows: 11
278.02507 The provisions of NRS 278.02507 to 278.02598, 12
inclusive, and section 2 of this act, apply only to counties whose 13
population is 700,000 or more and cities located within those 14
counties. 15
Sec. 6. NRS 278.150 is hereby amended to read as follows: 16
278.150 1. The planning commission shall prepare and adopt 17
a comprehensive, long-term general plan for the physical 18
development of the city, county or region which in the 19
commission’s judgment bears relation to the planning thereof. 20
2. The plan must be known as the master plan, and must be so 21
prepared that all or portions thereof, except as otherwise provided in 22
subsections 3, 4 and 5, may be adopted by the governing body, as 23
provided in NRS 278.010 to 278.630, inclusive, and sections 2 and 24
3 of this act, as a basis for the development of the city, county or 25
region for such reasonable period of time next ensuing after the 26
adoption thereof as may practically be covered thereby. 27
3. In counties whose population is less than 100,000, if the 28
governing body of the city or county adopts only a portion of the 29
master plan, it shall include in that portion an aboveground utility 30
plan of the public facilities and services element, as described in 31
subparagraph (3) of paragraph (e) of subsection 1 of NRS 278.160. 32
4. In counties whose population is 100,000 or more but less 33
than 700,000, if the governing body of the city or county adopts 34
only a portion of the master plan, it shall include in that portion: 35
(a) A conservation plan of the conservation element, as 36
described in subparagraph (1) of paragraph (a) of subsection 1 of 37
NRS 278.160; 38
(b) The housing element, as described in paragraph (c) of 39
subsection 1 of NRS 278.160; 40
(c) A population plan of the public facilities and services 41
element, as described in subparagraph (2) of paragraph (e) of 42
subsection 1 of NRS 278.160; and 43
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(d) An aboveground utility plan of the public facilities and 1
services element, as described in subparagraph (3) of paragraph (e) 2
of subsection 1 of NRS 278.160. 3
5. In counties whose population is 700,000 or more, the 4
governing body of the city or county shall adopt a master plan for all 5
of the city or county that must address each of the elements set forth 6
in paragraphs (a) to [(h),] (k), inclusive, of subsection 1 of 7
NRS 278.160. 8
Sec. 7. NRS 278.160 is hereby amended to read as follows: 9
278.160 1. Except as otherwise provided in this section and 10
NRS 278.150 and 278.170, the master plan, with the accompanying 11
charts, drawings, diagrams, schedules and reports, must be made the 12
basis for the physical development of the city, county or region 13
and may include such of the following elements or portions thereof 14
as are appropriate to the city, county or region : [, and as may be 15
made the basis for the physical development thereof:] 16
(a) A conservation element, which must include: 17
(1) A conservation plan for the conservation, sustainability, 18
resilience, development and utilization of natural resources, 19
including, without limitation, water and its hydraulic force, 20
underground water, water supply, solar or wind energy, forests, 21
soils, rivers and other waters, harbors, fisheries, wildlife, minerals 22
and other natural resources. The conservation plan must also cover 23
the reclamation of land and waters, flood control, prevention and 24
control of the pollution of streams and other waters, regulation of 25
the use of land in stream channels and other areas required for the 26
accomplishment of the conservation plan, prevention, control and 27
correction of the erosion of soils through proper clearing, grading 28
and landscaping, beaches and shores, and protection of watersheds. 29
The conservation plan must also indicate the maximum tolerable 30
level of air pollution. 31
(2) A solid waste disposal plan showing general plans for the 32
disposal of solid waste. 33
(b) A historic preservation element, which must include: 34
(1) A historic neighborhood preservation plan which: 35
(I) Must include, without limitation, a plan to inventory 36
historic neighborhoods and a statement of goals and methods to 37
encourage the preservation of historic neighborhoods. 38
(II) May include, without limitation, the creation of a 39
commission to monitor and promote the preservation of historic 40
neighborhoods. 41
(2) A historical properties preservation plan setting forth an 42
inventory of significant historical, archaeological, paleontological 43
and architectural properties as defined by a city, county or region, 44
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and a statement of methods to encourage the preservation of those 1
properties. 2
(c) A housing element, which must include, without limitation: 3
(1) An inventory of housing conditions and needs, and plans 4
and procedures for improving housing standards and providing 5
adequate housing to individuals and families in the community, 6
regardless of income level. 7
(2) An inventory of existing affordable housing in the 8
community, including, without limitation, housing that is available 9
to rent or own, housing that is subsidized either directly or indirectly 10
by this State, an agency or political subdivision of this State, or the 11
Federal Government or an agency of the Federal Government, and 12
housing that is accessible to persons with disabilities. 13
(3) An analysis of projected growth and the demographic 14
characteristics of the community. 15
(4) A determination of the present and prospective need for 16
affordable housing in the community. 17
(5) An analysis of any impediments to the development of 18
affordable housing and the development of policies to mitigate those 19
impediments. 20
(6) An analysis of the characteristics of the land that is 21
suitable for residential development. The analysis must include, 22
without limitation: 23
(I) A determination of whether the existing infrastructure 24
is sufficient to sustain the current needs and projected growth of the 25
community; and 26
(II) An inventory of available parcels that are suitable for 27
residential development and any zoning, environmental and other 28
land-use planning restrictions that affect such parcels. 29
(7) An analysis of the needs and appropriate methods for the 30
construction of affordable housing or the conversion or 31
rehabilitation of existing housing to affordable housing. 32
(8) A plan for maintaining and developing affordable 33
housing to meet the housing needs of the community for a period of 34
at least 5 years. 35
(9) A plan for addressing homelessness and the actual or 36
probable causes of homelessness, which must include, without 37
limitation: 38
(I) An estimate of the number of persons and families 39
experiencing homelessness; 40
(II) Provisions concerning the shelters, facilities, 41
resources and services available to persons and families 42
experiencing homelessness; and 43
(III) An inventory of the availability of other housing 44
for persons and families experiencing homelessness. 45
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(d) A land use element, which must include: 1
(1) Provisions concerning community design, including 2
standards and principles governing the subdivision of land and 3
suggestive patterns for community design and development. 4
(2) A land use plan, including an inventory and classification 5
of types of natural land and of existing land cover and uses, [and] 6
comprehensive plans for the most desirable utilization of land [.] 7
and designation of future land uses for all areas of the city, county 8
or region. The land use plan: 9
(I) Governs the implementation of any zoning regulation 10
or ordinance. 11
(II) Must, without limitation, indicate the categories and 12
general type of permitted uses, including, without limitation, 13
residential, commercial, civic, institutional, industrial, 14
agricultural, recreational, natural and special uses of the city, 15
county or region. 16
(III) Must specify the permitted density or intensity of 17
the use of land. 18
(IV) Must, if applicable, address mixed-use development, 19
transit-oriented development, master-planned communities and 20
gaming enterprise districts. The land use plan must also, if 21
applicable, address the coordination and compatibility of land uses 22
with any military installation in the city, county or region, taking 23
into account the location, purpose and stated mission of the military 24
installation. 25
[(II)] (V) May include a provision concerning the 26
acquisition and use of land that is under federal management within 27
the city, county or region, including, without limitation, a plan or 28
statement of policy prepared pursuant to NRS 321.7355. 29
(3) In any county whose population is 700,000 or more, a 30
rural neighborhoods preservation plan showing general plans to 31
preserve the character and density of rural neighborhoods. 32
(e) A public facilities and services element, which must include: 33
(1) An economic plan showing recommended schedules for 34
the allocation and expenditure of public money to provide for the 35
economical and timely execution of the various components of the 36
plan. 37
(2) A population plan setting forth an estimate of the total 38
population which the natural resources of the city, county or region 39
will support on a continuing basis without unreasonable impairment. 40
(3) An aboveground utility plan that shows corridors 41
designated for the construction of aboveground utilities and 42
complies with the provisions of NRS 278.165. 43
(4) Provisions concerning public buildings showing the 44
locations and arrangement of civic centers and all other public 45
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buildings, including the architecture thereof and the landscape 1
treatment of the grounds thereof. 2
(5) Provisions concerning public services and facilities 3
showing general plans for sewage, drainage and utilities, and rights-4
of-way, easements and facilities therefor, including, without 5
limitation, any utility projects required to be reported pursuant to 6
NRS 278.145. If a public utility which provides electric service 7
notifies the planning commission that a new transmission line or 8
substation will be required to support the master plan, those 9
facilities must be included in the master plan. The utility is not 10
required to obtain an easement for any such transmission line as a 11
prerequisite to the inclusion of the transmission line in the master 12
plan. 13
(6) A school facilities plan showing the general locations of 14
current and future school facilities based upon information furnished 15
by the appropriate county school district. 16
(f) A recreation and open space element, which must include a 17
recreation plan showing a comprehensive system of recreation areas, 18
including, without limitation, natural reservations, parks, parkways, 19
trails, reserved riverbank strips, beaches, playgrounds and other 20
recreation areas, including, when practicable, the locations and 21
proposed development thereof. 22
(g) A safety element, which must include: 23
(1) In any county whose population is 700,000 or more, a 24
safety plan identifying potential types of natural and man-made 25
hazards, including, without limitation, hazards from floods, 26
landslides or fires, or resulting from the manufacture, storage, 27
transfer or use of bulk quantities of hazardous materials. The safety 28
plan may set forth policies for avoiding or minimizing the risks from 29
those hazards. 30
(2) A seismic safety plan consisting of an identification and 31
appraisal of seismic hazards such as susceptibility to surface 32
ruptures from faulting, to ground shaking or to ground failures. 33
(3) A public safety plan, which must, without limitation, 34
identify the availability of: 35
(I) Police services and the types, rates and locations of 36
crime and strategies to reduce such crime. 37
(II) Emergency services, including, fire protection and 38
emergency medical services and which addresses coverage, 39
response times and strategies to ensure public safety and reduce 40
damage to land or property. 41
(h) A transportation element, which must include: 42
(1) A streets and highways plan showing the general 43
locations and widths of a comprehensive system of major traffic 44
thoroughfares and other traffic ways and of streets and the 45
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recommended treatment thereof, building line setbacks, and a 1
system of naming or numbering streets and numbering houses, with 2
recommendations concerning proposed changes. 3
(2) A transit plan showing a proposed multimodal system of 4
transit lines, including mass transit, streetcar, motorcoach and 5
trolley coach lines, paths for bicycles and pedestrians, satellite 6
parking and related facilities. 7
(3) A transportation plan showing a comprehensive 8
transportation system, including, without limitation, locations of 9
rights-of-way, terminals, viaducts and grade separations. The 10
transportation plan may also include port, harbor, aviation and 11
related facilities. 12
(i) An economic element, which must include: 13
(1) An inventory of local and regional economic 14
characteristics and metrics. 15
(2) The identification of any redevelopment plan or 16
redevelopment area adopted pursuant to chapter 279 of NRS, or 17
otherwise by any other federal, state or local law, if applicable. 18
(j) An education element, which must: 19
(1) Address student achievement metrics for schools within 20
the city or county. 21
(2) Identify the availability within the city or county of: 22
(I) Child care and early childhood education. 23
(II) Private, parochial and other nonpublic schools. 24
(III) Post-secondary education, including, without 25
limitation, the Nevada System of Higher Education, business 26
schools and vocational schools. 27
(k) A public health element, which must include: 28
(1) The identification of the location, type and accessibility 29
of major public health facilities. 30
(2) An analysis of the public health system in the city or 31
county, the provision of public and private health care and the 32
activities of a department of health, board of health or health 33
district, including, without limitation: 34
(I) The chronic and acute health conditions prevalent in 35
the community. 36
(II) The number and type of licensed health care 37
facilities. 38
(III) The estimated number of physicians and health 39
care providers. 40
(IV) General plans and strategies to improve the type 41
and quality of care in the city or county. 42
(l) An urban agricultural element, which must include a plan to 43
inventory any vacant lands or other real property owned by the city 44
or county and blighted land in the city or county to determine 45
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whether such lands are suitable for urban farming and gardening. 1
The plan to inventory any vacant lands or other real property may 2
include, without limitation, any other real property in the city or 3
county, as deemed appropriate by the commission. 4
2. The commission may prepare and adopt, as part of the 5
master plan, other and additional plans and reports dealing with such 6
other elements as may in its judgment relate to the physical 7
development of the city, county or region, and nothing contained in 8
NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this 9
act, prohibits the preparation and adoption of any such element as a 10
part of the master plan. 11
Sec. 8. NRS 278.210 is hereby amended to read as follows: 12
278.210 1. Before adopting the master plan or any part of it 13
in accordance with NRS 278.170, or any substantial amendment 14
thereof, the commission shall hold at least one public hearing 15
thereon, notice of the time and place of which must be given at least 16
by one publication in a newspaper of general circulation in the city 17
or county, or in the case of a regional planning commission, by one 18
publication in a newspaper in each county within the regional 19
district, at least 10 days before the day of the hearing. 20
2. Before a public hearing may be held pursuant to subsection 21
1 in a county whose population is 100,000 or more on an 22
amendment to a master plan, including, without limitation, a gaming 23
enterprise district, if applicable, the person who requested the 24
proposed amendment must hold a neighborhood meeting to provide 25
an explanation of the proposed amendment. Notice of such a 26
meeting must be given by the person requesting the proposed 27
amendment to: 28
(a) Each owner, as listed on the county assessor’s records, of 29
real property located within a radius of 750 feet of the area to which 30
the proposed amendment pertains; 31
(b) The owner, as listed on the county assessor’s records, of 32
each of the 30 separately owned parcels nearest to the area to which 33
the proposed amendment pertains, to the extent this notice does not 34
duplicate the notice given pursuant to paragraph (a); 35
(c) Each tenant of a mobile home park if that park is located 36
within a radius of 750 feet of the area to which the proposed 37
amendment pertains; and 38
(d) If a military installation is located within 3,000 feet of the 39
area to which the proposed amendment pertains, the commander of 40
the military installation. 41
The notice must be sent by mail at least 10 days before the 42
neighborhood meeting and include the date, time, place and purpose 43
of the neighborhood meeting. 44
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3. Except as otherwise provided in NRS 278.225, the adoption 1
of the master plan, or of any amendment, extension or addition 2
thereof, must be by resolution of the commission carried by the 3
affirmative votes of not less than two-thirds of the total membership 4
of the commission. The resolution must refer expressly to the maps, 5
descriptive matter and other matter intended by the commission to 6
constitute the plan or any amendment, addition or extension thereof, 7
and the action taken must be recorded on the map and plan and 8
descriptive matter by the identifying signatures of the secretary and 9
chair of the commission. 10
4. Except as otherwise provided in NRS 278.225, no plan or 11
map, hereafter, may have indicated thereon that it is a part of the 12
master plan until it has been adopted as part of the master plan by 13
the commission as herein provided for the adoption thereof, 14
whenever changed conditions or further studies by the commission 15
require such amendments, extension or addition. 16
5. If a person submits a proposed amendment to the land use 17
element of the master plan, before the commission considers 18
the amendment, the staff of the city or county must review the 19
proposed amendment and make a recommendation to the 20
commission as to whether to approve or deny the amendment 21
based on the following: 22
(a) Whether circumstances of the location affected by the 23
proposed amendment have changed since adoption of the master 24
plan or most recent amendment thereto. 25
(b) Whether the proposed amendment will cause any 26
significant or adverse impact relating to transportation, schools, 27
public facilities, public services, fire or police protection, utilities 28
or environmental features which cannot be mitigated. 29
(c) Whether the proposed amendment will create a likely 30
demand to change the land use of any adjacent property. 31
(d) Whether the proposed amendment is consistent with the 32
goals, policies and objectives of the master plan. 33
(e) Whether the proposed amendment conforms with all other 34
elements of the master plan. 35
6. Except as otherwise provided in this subsection, the 36
commission shall not amend the land use plan of the master plan set 37
forth in NRS 278.160, or any portion of such a land use plan, more 38
than four times in a calendar year. The provisions of this subsection 39
do not apply to: 40
(a) A change in the land use designated for a particular area if 41
the change does not affect more than 25 percent of the area; or 42
(b) A minor amendment adopted pursuant to NRS 278.225. 43
[6.] 7. An attested copy of any part, amendment, extension of 44
or addition to the master plan adopted by the planning commission 45
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of any city, county or region in accordance with NRS 278.170 must 1
be certified to the governing body of the city, county or region. The 2
governing body of the city, county or region may authorize such 3
certification by electronic means. 4
[7.] 8. An attested copy of any part, amendment, extension of 5
or addition to the master plan adopted by any regional planning 6
commission must be certified to the county planning commission 7
and to the board of county commissioners of each county within the 8
regional district. The county planning commission and board of 9
county commissioners may authorize such certification by electronic 10
means. 11
Sec. 9. NRS 278.230 is hereby amended to read as follows: 12
278.230 1. Except as otherwise provided in NRS 278.150, 13
whenever the governing body of any city or county has adopted a 14
master plan or part thereof for the city or county, or for any major 15
section or district thereof, the governing body shall, upon 16
recommendation of the planning commission, determine upon 17
reasonable and practical means for putting into effect the master 18
plan or part thereof, in order that the same will serve as: 19
(a) A pattern and guide for that kind of orderly physical growth 20
and development of the city or county which will cause the least 21
amount of natural resource impairment and will conform to the 22
adopted population plan, where required, and ensure an adequate 23
supply of housing, including affordable housing; [and] 24
(b) The basis for zoning regulations and ordinances; 25
(c) A basis for the preparation of the annual plan for capital 26
improvements, if required pursuant to NRS 278.0226, and the 27
capital improvement plan required pursuant to NRS 354.5945; 28
and 29
(d) A basis for the efficient expenditure of funds thereof relating 30
to the elements of the master plan. 31
2. The governing body may adopt and use such procedure as 32
may be necessary for this purpose. 33
Sec. 10. NRS 278.250 is hereby amended to read as follows: 34
278.250 1. For the purposes of NRS 278.010 to 278.630, 35
inclusive, and sections 2 and 3 of this act, the governing body may 36
divide the city, county or region into zoning districts of such 37
number, shape and area as are best suited to carry out the purposes 38
of NRS 278.010 to 278.630, inclusive [.] , and sections 2 and 3 of 39
this act. Within the zoning district, it may regulate and restrict the 40
erection, construction, reconstruction, alteration, repair or use of 41
buildings, structures or land. 42
2. The zoning regulations must be [adopted in accordance] 43
consistent with the master plan for land use and be designed: 44
(a) To preserve the quality of air and water resources. 45
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(b) To promote the conservation of open space and the 1
protection of other natural and scenic resources from unreasonable 2
impairment. 3
(c) To consider existing views and access to solar resources by 4
studying the height of new buildings which will cast shadows on 5
surrounding residential and commercial developments. 6
(d) To reduce the consumption of energy by encouraging the use 7
of products and materials which maximize energy efficiency in the 8
construction of buildings. 9
(e) To provide for recreational needs. 10
(f) To protect life and property in areas subject to floods, 11
landslides and other natural disasters. 12
(g) To conform to the adopted population plan, if required by 13
NRS 278.170. 14
(h) To develop a timely, orderly and efficient arrangement of 15
transportation and public facilities and services, including public 16
access and sidewalks for pedestrians, and facilities and services for 17
bicycles. 18
(i) To ensure that the development on land is commensurate 19
with the character and the physical limitations of the land. 20
(j) To take into account the immediate and long-range financial 21
impact of the application of particular land to particular kinds of 22
development, and the relative suitability of the land for 23
development. 24
(k) To promote health and the general welfare. 25
(l) To ensure the development of an adequate supply of housing 26
for the community, including the development of affordable 27
housing. 28
(m) To ensure the protection of existing neighborhoods and 29
communities, including the protection of rural preservation 30
neighborhoods and, in counties whose population is 700,000 or 31
more, the protection of historic neighborhoods. 32
(n) To promote systems which use solar or wind energy. 33
(o) To foster the coordination and compatibility of land uses 34
with any military installation in the city, county or region, taking 35
into account the location, purpose and stated mission of the military 36
installation. 37
3. The zoning regulations must be adopted with reasonable 38
consideration, among other things, to the character of the area and 39
its peculiar suitability for particular uses, and with a view to 40
conserving the value of buildings and encouraging the most 41
appropriate use of land throughout the city, county or region. 42
4. In exercising the powers granted in this section, the 43
governing body may use any controls relating to land use or 44
principles of zoning that the governing body determines to be 45
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appropriate, including, without limitation, density bonuses, 1
inclusionary zoning and minimum density zoning. 2
5. As used in this section: 3
(a) “Density bonus” means an incentive granted by a governing 4
body to a developer of real property that authorizes the developer to 5
build at a greater density than would otherwise be allowed under the 6
master plan, in exchange for an agreement by the developer to 7
perform certain functions that the governing body determines to be 8
socially desirable, including, without limitation, developing an area 9
to include a certain proportion of affordable housing. 10
(b) “Inclusionary zoning” means a type of zoning pursuant to 11
which a governing body requires or provides incentives to a 12
developer who builds residential dwellings to build a certain 13
percentage of those dwellings as affordable housing. 14
(c) “Minimum density zoning” means a type of zoning pursuant 15
to which development must be carried out at or above a certain 16
density to maintain conformance with the master plan. 17
Sec. 11. NRS 278.349 is hereby amended to read as follows: 18
278.349 1. Except as otherwise provided in subsection 2, the 19
governing body, if it has not authorized the planning commission to 20
take final action, shall, by an affirmative vote of a majority of all the 21
members, approve, conditionally approve or disapprove a tentative 22
map filed pursuant to NRS 278.330: 23
(a) In a county whose population is 700,000 or more, within 45 24
days; or 25
(b) In a county whose population is less than 700,000, within 60 26
days, 27
after receipt of the planning commission’s recommendations. 28
2. If there is no planning commission, the governing body shall 29
approve, conditionally approve or disapprove a tentative map: 30
(a) In a county whose population is 700,000 or more, within 45 31
days; or 32
(b) In a county whose population is less than 700,000, within 60 33
days, 34
after the map is filed with the clerk of the governing body. 35
3. The governing body, or planning commission if it is 36
authorized to take final action on a tentative map, shall consider: 37
(a) Environmental and health laws and regulations concerning 38
water and air pollution, the disposal of solid waste, facilities to 39
supply water, community or public sewage disposal and, where 40
applicable, individual systems for sewage disposal; 41
(b) The availability of water which meets applicable health 42
standards and is sufficient in quantity for the reasonably foreseeable 43
needs of the subdivision; 44
(c) The availability and accessibility of utilities; 45
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(d) The availability and accessibility of public services such as 1
schools, police protection, transportation, recreation and parks; 2
(e) Conformity with the zoning ordinances and master plan ; [, 3
except that if any existing zoning ordinance is inconsistent with the 4
master plan, the zoning ordinance takes precedence;] 5
(f) General conformity with the governing body’s master plan of 6
streets and highways; 7
(g) The effect of the proposed subdivision on existing public 8
streets and the need for new streets or highways to serve the 9
subdivision; 10
(h) Physical characteristics of the land such as floodplain, slope 11
and soil; 12
(i) The recommendations and comments of those entities and 13
persons reviewing the tentative map pursuant to NRS 278.330 to 14
278.3485, inclusive; 15
(j) The availability and accessibility of fire protection, including, 16
but not limited to, the availability and accessibility of water and 17
services for the prevention and containment of fires, including fires 18
in wild lands; 19
(k) The potential impacts to wildlife and wildlife habitat; and 20
(l) The submission by the subdivider of an affidavit stating that 21
the subdivider will make provision for payment of the tax imposed 22
by chapter 375 of NRS and for compliance with the disclosure and 23
recording requirements of paragraph (f) of subsection 1 of NRS 24
598.0923, if applicable, by the subdivider or any successor in 25
interest. 26
4. The governing body or planning commission shall, by an 27
affirmative vote of a majority of all the members, make a final 28
disposition of the tentative map. The governing body or planning 29
commission shall not approve the tentative map unless: 30
(a) The subdivider has submitted an affidavit stating that the 31
subdivider will make provision for the payment of the tax imposed 32
by chapter 375 of NRS and for compliance with the disclosure and 33
recording requirements of paragraph (f) of subsection 1 of NRS 34
598.0923, if applicable, by the subdivider or any successor in 35
interest; and 36
(b) For any tentative map subject to the requirements of NRS 37
278.3355 or 278.347, the supplier of water that will serve the 38
subdivision has determined that there is available water which meets 39
applicable health standards and is sufficient in quantity for the 40
reasonably foreseeable needs of the subdivision. 41
Any disapproval or conditional approval must include a 42
statement of the reason for that action. 43
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Sec. 12. The provisions of NRS 354.599 do not apply to any 1
additional expenses of a local government that are related to the 2
provisions of this act. 3
H