reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0177 - "Rural preservation neighborhood" defined.

"Rural preservation neighborhood" means a subdivided or developed area:
1. Which consists of 10 or more residential dwelling units;
2. Where the outer boundary of each lot that is used for residential purposes is not more than 330 feet from the outer boundary of any other lot that is used for residential purposes;
3. Which has no more than two residential dwelling units per acre; and
4. Which allows residents to raise or keep animals noncommercially.
(Added to NRS by 1999, 3363)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.01902 - "Tier one affordable housing" defined.

1. "Tier one affordable housing" means housing for a household:
(a) Which has a total monthly gross income that is equal to not more than 60 percent of the median monthly gross household income for the county in which the housing is located; and
(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 60 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.
2. For purposes of this section, median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located.
(Added to NRS by 2019, 1409)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.01904 - "Tier three affordable housing" defined.

1. "Tier three affordable housing" means housing for a household:
(a) Which has a total monthly gross income that is equal to more than 80 percent but not more than 120 percent of the median monthly gross household income for the county in which the housing is located; and
(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 120 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.
2. For purposes of this section, median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located.
(Added to NRS by 2019, 1410)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.01906 - "Tier two affordable housing" defined.

1. "Tier two affordable housing" means housing for a household:
(a) Which has a total monthly gross income that is equal to more than 60 percent but not more than 80 percent of the median monthly gross household income for the county in which the housing is located; and
(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 80 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.
2. For purposes of this section, median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located.
(Added to NRS by 2019, 1410)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0195 - "Utility project" defined.

"Utility project" means:
1. An electric transmission line which is designed to operate at 200 kilovolts or more; or
2. A line used to transport natural gas which operates at 20 percent or more of the specified minimum yield strength of the material from which the line is constructed,
which has been approved for construction after October 1, 1991, by the State or Federal Government or a governing body.
(Added to NRS by 1993, 2558)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.020 - Regulation by governing bodies of improvement of land and location of structures for general welfare.

1. For the purpose of promoting health, safety, morals, or the general welfare of the community, the governing bodies of cities and counties are authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures.
2. Any such regulation, restriction and control must take into account:
(a) The potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment; and
(b) The availability of and need for affordable housing in the community, including affordable housing that is accessible to persons with disabilities.
[2:110:1941; A 1947, 834; 1943 NCL § 5063.01]—(NRS A 1973, 1241; 1995, 2225)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0201 - Agreement with governing body concerning development of land: Manner and contents; applicable ordinances, resolutions and regulations; restrictions on subsequent action by governing body.

1. In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land.
2. An agreement entered into pursuant to this section:
(a) Must contain provisions:
(1) Describing the land which is the subject of the agreement;
(2) Specifying the duration of the agreement;
(3) Specifying what events will constitute breach of the agreement; and
(4) Providing periods during which any breach may be cured; and
(b) May contain provisions specifying or relating to:
(1) The permitted uses of the land;
(2) The density or intensity of the use of the land;
(3) The maximum height and size of any proposed buildings;
(4) The reservation or dedication of any portion of the land for public use or for the payment of fees in lieu thereof;
(5) The protection of environmentally sensitive lands;
(6) The preservation and restoration of historic structures;
(7) The phasing or timing of construction or development on the land, including, without limitation, the dates on which all or any part of the construction or development must commence and be completed, and the terms on which any deadline may be extended;
(8) The conditions, terms, restrictions and requirements for infrastructure on the land and the financing of the public infrastructure by a person having a legal or equitable interest in the land;
(9) The conditions, terms, restrictions and requirements for annexation of land by the city or county and the phasing or timing of annexation by the city or county;
(10) The conditions, terms, restrictions and requirements relating to the intent of the governing body to include the land in an improvement district created pursuant to chapter 271 of NRS;
(11) A schedule of fees and charges; and
(12) Any other matters relating to the development of the land.
3. Unless the agreement otherwise provides and except as otherwise provided in subsection 4, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.
4. This section does not prohibit the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.
(Added to NRS by 1985, 2114; A 1991, 582; 1997, 2419; 2009, 2281; 2015, 311)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0203 - Agreement with governing body concerning development of land: Approval by ordinance; recording.

1. The governing body may, if it finds that the provisions of the agreement are consistent with the master plan, approve the agreement by ordinance.
2. Within a reasonable time after approval of the agreement, the clerk of the governing body shall cause the original agreement to be recorded with the county recorder or the recorder of Carson City. Upon recordation, the agreement binds all parties and their successors in interest for the duration of the agreement.
(Added to NRS by 1985, 2114; A 2001, 1759)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0205 - Agreement with governing body concerning development of land: Amendment or cancellation; review of development by governing body; notice; approval of amendment; filing and recording of notice of cancellation or amendment.

1. An agreement for development of land entered into pursuant to NRS 278.0201 may be amended or cancelled, in whole or in part, by:
(a) Mutual consent of the parties to the agreement or their successors in interest; or
(b) Subject to the requirements of this section and NRS 278.02053, the governing body without the consent of the other parties to the agreement or their successors in interest, if the governing body determines, upon a review of the development of the land held at least once every 24 months, that:
(1) A party to the agreement or a successor in interest is in breach of any of the terms or conditions of the agreement and:
(I) Any applicable period set forth in the agreement for curing the breach has passed; or
(II) If the agreement does not contain an applicable period for curing the breach, the governing body has provided the party in breach with notice that the party is in breach and has provided the party not less than 30 days to cure the breach; or
(2) Any event has occurred which demonstrates that a party to the agreement or a successor in interest is unable to perform his or her duties set forth in the agreement, including, without limitation, the insolvency or bankruptcy of the party or his or her successor in interest, the appointment of a receiver for the party or his or her successor in interest or the commission of fraud by the party or his or her successor in interest.
2. In addition to the notice requirement set forth in subsection 1 of NRS 278.02053, notice of intention to amend or cancel any portion of the agreement must be given by publication in a newspaper of general circulation in the applicable city or county. The governing body may approve cancellation of the agreement by ordinance or approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. The original of the notice of cancellation or the amendment must be filed for recording with the county recorder or the recorder of Carson City.
(Added to NRS by 1985, 2114; A 2015, 313)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02053 - Agreements with governing body concerning development of land: Public hearing required before unilateral amendment or cancellation by governing body; notice required; waiver of complaint, protest or objection if not timely presented.

1. If a governing body makes a determination described in paragraph (b) of subsection 1 of NRS 278.0205, before the governing body may amend or cancel an agreement for development of land entered into pursuant to NRS 278.0201 without the consent of the other parties to the agreement or their successors in interest, the governing body must hold a public hearing concerning the proposed amendment to or cancellation of the agreement that complies with the provisions of this section. Not less than 60 days’ notice of the date and time of the public hearing must be given to the parties to the agreement or their successors in interest and any property owner of record that is subject to the agreement.
2. On the date and at the time and place fixed for the hearing, any person having a legal or equitable interest in the land or any other interested person may give oral or written testimony to the governing body concerning the proposed amendment to or cancellation of the agreement.
3. The governing body shall consider all the testimony presented at the hearing and any other relevant information presented at the hearing and, after the conclusion of the hearing, make a determination concerning whether to amend or cancel the agreement.
4. Any complaint, protest or objection to:
(a) The proposed amendment to or cancellation of the agreement;
(b) The effect of the proposed amendment to or cancellation of the agreement on the zoning or entitlements related to the property that is subject to the agreement; or
(c) The regularity, validity or correctness of any proceedings relating to or actions taken with respect to the hearing on or before the date of the hearing,
shall be deemed waived unless presented at the hearing or received in writing by the clerk of the governing body at least 3 business days before the date of the hearing.
(Added to NRS by 2015, 310)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0207 - Agreement with governing body concerning development of land: Recording of certified copy of ordinance adopting agreement.

A certified copy of any local ordinance adopting the agreement for the development of property and any amendments thereto must be recorded in the office of the county recorder or the recorder of Carson City.
(Added to NRS by 1985, 2115)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02073 - Building permit for residential or commercial project: Extension of period of validity when financing is not available and land is leased for renewable energy generation project.

1. A director of planning or a governing body may extend the period for which a building permit for a residential or commercial project is valid if the person to whom the permit has been issued:
(a) Applies for an extension before July 1, 2013, subject to any applicable ordinances or regulations adopted by the governing body;
(b) Demonstrates to the satisfaction of the director of planning or governing body that:
(1) Financing for the residential or commercial project is not available; and
(2) The land will be leased for a renewable energy generation project; and
(c) Submits with his or her application for an extension an affidavit showing that due diligence has been used to obtain financing for the residential or commercial project. The affidavit must include, without limitation, evidence that:
(1) The project was denied financing by at least two lenders; or
(2) The person was unable to issue bonds or other securities to finance the project.
2. A building permit that is extended pursuant to subsection 1 must not be effective:
(a) For more than 15 years after the original expiration date of the building permit; or
(b) If the land ceases to be leased for a renewable energy generation project, after the period established by the director of planning or governing body pursuant to subsection 3.
3. If a director of planning or governing body extends the period for which a building permit is valid pursuant to subsection 1, the director of planning or governing body shall establish the maximum duration of the period for which the permit will remain valid if the land is no longer leased for a renewable energy generation project.
4. If a director of planning or governing body extends the period for which a building permit is valid pursuant to subsection 1:
(a) No condition may be placed on the permit that was not imposed on the original permit; and
(b) Except as otherwise provided in subsection 5, the ordinances, resolutions or regulations applicable to the land and governing the permitted uses of the land, density and standards for design, improvements and construction are those in effect at the time the building permit is issued.
5. Changes to ordinances, resolutions or regulations that enforce environmental, life or safety standards against parcels of land that the director of planning or governing body determines are similar to the land for which the building permit was issued will apply to the parcel of land for which the permit was issued.
6. As used in this section, "environmental, life or safety standards" includes, without limitation:
(a) Standards and codes relating to the usage of water; and
(b) Any specialized or uniform code related to environmental, life or safety standards.
(Added to NRS by 2009, 2280)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02075 - Authority to establish urban agriculture zone; conditions and limitations.

1. A governing body may, by ordinance, establish an urban agriculture zone within the boundaries of the city or county.
2. To establish an urban agriculture zone, the governing body must conduct at least one public hearing on the question of whether to establish the urban agriculture zone.
3. An ordinance adopted pursuant to this section must not prohibit the use of structures that support agricultural activity, including, without limitation, toolsheds, greenhouses, produce stands and instructional spaces.
(Added to NRS by 2017, 1352)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02076 - Authority of governing body to designate historic neighborhood; requirements and procedure for designation of area as historic neighborhood.

1. A governing body may designate a historic neighborhood in a county or city for the purpose of promoting the educational, cultural, economic and general welfare of the public through the preservation and protection of sites, buildings, structures and areas of historic interest. To be eligible for designation as a historic neighborhood, an area must:
(a) Be subdivided or developed and consist of 10 or more residential dwelling units, of which at least two-thirds of such units must be 40 or more years of age; and
(b) Have been identified by the governing body as having a distinctive character or traditional quality that can be distinguished from surrounding areas or new developments in the vicinity. Such a character or quality may include, without limitation:
(1) Significance to the cultural, social, political or economic history of the area in which it is located;
(2) Association with a significant person, group or event in local, state or national history;
(3) Representation of an established and familiar visual feature of an area because of its location, design, architecture or singular physical appearance; or
(4) Meeting the criteria for eligibility for listing on the State or National Register of Historic Places.
2. Before designating a historic neighborhood, the governing body shall hold a public hearing. Notice of the time and the place of the hearing, the purpose of the hearing and the boundaries of the proposed historic neighborhood must be posted in a manner that, at a minimum, satisfies the requirements of subsection 4 of NRS 241.020. At the hearing, any person may appear in support of or in opposition to the establishment of the proposed historic neighborhood.
3. Within 15 days after the hearing, the governing body shall:
(a) Designate the historic neighborhood and fix its boundaries; or
(b) Determine not to establish the historic neighborhood.
4. An ordinance under which a historic neighborhood is designated must, without limitation:
(a) Contain criteria which substantially achieve the preservation and protection of sites, buildings and structures of historic significance to the historic neighborhood; and
(b) Provide for a designated review board with the power to review proposed alterations to buildings and structures within the historic neighborhood.
5. If a historic neighborhood is designated, the governing body may adopt any other ordinances that it determines are in the best interest of the historic neighborhood in accordance with the purposes expressed in subsection 1.
(Added to NRS by 2019, 968)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02077 - Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy; exceptions.

1. Except as otherwise provided in subsection 2:
(a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts the owner of real property from using a system for obtaining wind energy on his or her property.
(b) Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his or her property is void and unenforceable.
2. The provisions of subsection 1 do not:
(a) Prohibit a reasonable restriction or requirement:
(1) Imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or
(2) Relating to the finish, location, noise, safety or setback of a system for obtaining wind energy; or
(b) Preclude a governing body from denying an application for the issuance of a permit or special use permit for the installation of a system for obtaining wind energy if the governing body determines, based on the size, height or configuration of the system, that installation of the system:
(1) Represents a danger to the health, safety or welfare of the public; or
(2) Is not compatible with the character of the area in which the system is located.
(Added to NRS by 2009, 1598; A 2011, 950; 2017, 1298)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0208 - Prohibition against prohibiting or unreasonably restricting use of system for obtaining solar energy.

1. A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of real property from using a system for obtaining solar energy on his or her property.
2. Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar energy on his or her property is void and unenforceable.
3. For the purposes of this section, the following shall be deemed to be unreasonable restrictions:
(a) The placing of a restriction or requirement on the use of a system for obtaining solar energy which decreases the efficiency or performance of the system by more than 10 percent of the amount that was originally specified for the system, as determined by the Director of the Office of Energy, and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.
(b) The prohibition of a system for obtaining solar energy that uses components painted with black solar glazing.
(Added to NRS by 1995, 1105; A 2005, 1820; 2009, 1599)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02081 - Mandatory consideration of certain standards and guidelines if governing body establishes committee or task force on sustainable energy.

If a governing body establishes a committee or task force on sustainable energy, the committee or task force shall consider:
1. Standards for the efficient use of water;
2. Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy;
3. Performance guidelines for new, remodeled and renovated buildings; and
4. Performance guidelines for retrofit projects,
including, without limitation, energy consumption, use of potable water, use of water for landscaping purposes and solid waste disposal.
(Added to NRS by 2005, 22nd Special Session, 69)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02083 - Prohibition against restricting right of owner to display United States flag on real property; limitations; recovery of attorney’s fees and costs in action for enforcement.

1. Except as otherwise provided in subsection 2:
(a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits an owner of real property from engaging in the display of the flag of the United States on his or her property.
(b) Any covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits the owner of the property from engaging in the display of the flag of the United States on his or her property is void and unenforceable.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for commercial advertising purposes.
(b) Preclude a governing body from imposing reasonable restrictions as to the time, place and manner of display of the flag of the United States if the governing body determines that such restrictions are necessary to protect the health, safety or welfare of the public. For the purposes of this paragraph, reasonable restrictions as to the time, place and manner of display of the flag of the United States may include, without limitation, reasonable restrictions as to height and setback.
3. In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorney’s fees and costs.
4. As used in this section, "display of the flag of the United States" means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C. Chapter 1.
The term does not include a depiction or emblem of the flag of the United States that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.
(Added to NRS by 2003, 2965)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02085 - Amateur radio: Limitations on restrictions on amateur service communications; limitations on regulation of station antenna structures; exception.

1. A governing body shall not adopt an ordinance, regulation or plan or take any other action that precludes amateur service communications or that in any other manner does not conform to the provisions of 47 C.F.R. § 97.15 and the limited preemption entitled "Amateur Radio Preemption, 101 F.C.C. 2d 952 (1985)" as issued by the Federal Communications Commission.
2. If a governing body adopts an ordinance, regulation or plan or takes any other action that regulates the placement, screening or height of a station antenna structure based on health, safety or aesthetic considerations, the ordinance, regulation, plan or action must:
(a) Reasonably accommodate amateur service communications; and
(b) Constitute the minimum level of regulation practicable to carry out the legitimate purpose of the governing body.
3. The provisions of this section do not apply to any district organized pursuant to federal, state or local law for the purpose of historic or architectural preservation.
4. Any ordinance, regulation or plan adopted by or other action taken by a governing body in violation of the provisions of this section is void.
5. As used in this section:
(a) "Amateur radio services" has the meaning ascribed to it in 47 C.F.R. § 97.3.
(b) "Amateur service communications" means communications carried out by one or more of the amateur radio services.
(c) "Amateur station" has the meaning ascribed to it in 47 C.F.R. § 97.3.
(d) "Station antenna structure" means the antenna that serves an amateur station, including such appurtenances and other structures as may be necessary to support, stabilize, raise, lower or otherwise adjust the antenna.
(Added to NRS by 2001, 596)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0209 - Factory-built housing: Inclusion in definition of "single-family residence"; standards for safety and development; installation prohibited under certain circumstances.

1. In any ordinance relating to the zoning of land adopted or amended by a governing body, the definition of "single-family residence" must include factory-built housing that has been built in compliance with the standards for single-family residential dwellings of the
Uniform Building Code
most recently adopted by the International Conference of Building Officials.
2. An ordinance of the governing body may require factory-built housing to comply with standards for safety which exceed the standards prescribed in subsection 1 if a single-family residential dwelling on the same lot is also required to comply with those standards.
3. The governing body shall adopt the same standards for development for the factory-built housing and the lot on which it is placed as those to which a conventional single-family residential dwelling on the same lot would be subject, including, but not limited to:
(a) Requirements for the setback of buildings.
(b) Side and rear-yard requirements.
(c) Standards for enclosures, access and the parking of vehicles.
(d) Aesthetic requirements.
(e) Requirements for minimum square footage.
(f) Requirements for design, style and structure.
4. The governing body may prohibit the installation of factory-built housing in a specified area if:
(a) More than 6 years have elapsed between the date of manufacture of factory-built housing and the date of the application for the issuance of a permit to install factory-built housing in the affected area; or
(b) The area contains a building, structure or other object having a special character or special historical interest or value.
5. As used in this section, "factory-built housing" has the meaning ascribed to it in NRS 461.080.
6. The provisions of this section do not abrogate a recorded restrictive covenant.
(Added to NRS by 1995, 2759; A 2007, 2333)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0211 - Standards and specifications relating to school buildings in certain counties to be consistent and developed in conjunction with school district.

In a county whose population is 100,000 or more but less than 700,000, the standards and specifications for the erection of any new school building or for any addition to or alteration of an existing school building in any ordinance relating to zoning adopted or amended by the governing body of the county and the governing body of any city in the county which address the height of the building, the setback of the building, the landscaping and the amount of parking space must be:
1. Consistent in all such ordinances; and
2. Developed in conjunction with the school district of that county.
(Added to NRS by 2013, 1372)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0217 - Certain documents to be retained by governing body or other entity that causes notices of hearing to be provided.

If a governing body or other entity causes notice of a hearing to be provided pursuant to NRS 278.0215, 278.147, 278.260, 278.315, 278.4789 or 278.480, the governing body or other entity shall retain:
1. A copy of the notice;
2. A list of the persons or governmental entities to which the notice was addressed; and
3. A record of the date on which the notice was deposited in the United States mail, postage prepaid, or, if applicable, sent by electronic means.
(Added to NRS by 2003, 2337)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.022 - Restriction of adult motion picture theaters and bookstores: Declaration of legislative intent.

1. It is hereby declared a matter of legislative declaration and belief that the morals of the youth of the State of Nevada are threatened by the presence of adult motion picture theaters and adult bookstores which are appearing throughout some of the communities of our State. These establishments and the type and character of the merchandise and paraphernalia sold in them create an aura of mystery and enticement for Nevada’s youngsters that is increased by the lascivious and suggestive advertising that is often employed to promulgate the availability of these products and services. It is the intent of the Legislature to minimize the exposure of our youth to the influence of these establishments.
2. It is further the firm belief that the moral values of our youth and therefore the mores of our society are in great part influenced and determined by the family, but are affected by the presence of an exposure to these establishments; therefore, it is the firm belief of the Legislature that society has a vital duty and role in the protection of our moral fiber and standards for the well-being of us all as a society.
3. The location of these establishments is of vital concern to society in regard to their location near areas where our youth may learn, play, pass by, or would be exposed to their advertising, window displays, or the general atmosphere encompassing their operation.
(Added to NRS by 1973, 321)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0221 - Restriction of adult motion picture theaters and bookstores: Definitions.

1. "Adult motion picture theater" means a motion picture theater whose program, during the time of its operation, contains one or more motion pictures which are rated "X" by the Code Rating Administration of the Motion Picture Association of America, or are not rated, and whose program is intended to appeal to the prurient interests of the viewer.
2. "Adult bookstore," for the purposes of this chapter, means an establishment which merchandises printed material or movies which are intended to appeal to the prurient interests of the reader.
(Added to NRS by 1973, 321)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0222 - Restriction of adult motion picture theaters and bookstores: Authority of commission and governing body.

A commission may recommend or a governing body may adopt zoning regulations restricting the construction, reconstruction, alteration, repair or use of buildings, structures or land as adult bookstores or adult motion picture theaters to specific districts within the geographical jurisdiction of the commission and governing body.
(Added to NRS by 1973, 321)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0226 - Preparation of annual plan for capital improvements; contents of plan.

The governing body of each local government whose budget includes any expenditure for the acquisition or maintenance of a capital improvement shall annually prepare a plan for capital improvements which conforms with its master plan and which includes at least the 3 ensuing fiscal years but not more than 20 fiscal years. The plan for capital improvements must identify:
1. Costs that the local government expects to incur; and
2. Sources of revenue that the local government will use,
to acquire, maintain, operate and replace capital improvements.
(Added to NRS by 1989, 188; A 1989, 768; 1999, 2124)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0228 - Governing body to develop and maintain water resource plan; contents of plan; decennial update of plan; exceptions.

1. Except as otherwise provided in subsection 3, a governing body shall develop and maintain a water resource plan that must include, without limitation:
(a) The identification of all known sources of surface water, groundwater and effluent that are physically and legally available for use in the community;
(b) An analysis of the:
(1) Existing demand for water in the community; and
(2) Expected demand for water in the community caused by projected growth; and
(c) An analysis of whether the sources of water identified in paragraph (a) are of sufficient quality and quantity to satisfy the existing and expected demands described in paragraph (b).
(d) If the analysis required pursuant to paragraph (c) determines that the sources of water identified in paragraph (a) are not of sufficient quality or quantity to satisfy demands, a plan for obtaining additional water of sufficient quality and quantity.
2. The governing body shall update the water resource plan at least once every 10 years.
3. The governing body of:
(a) A city is not required to develop and maintain the water resource plan described in subsection 1 if the governing body of the county in which the city is located has adopted a water resource plan that includes the information described in subsection 1 pertaining to the city.
(b) A city or a county is not required to develop and maintain the water resource plan described in subsection 1 if:
(1) The city or county, as applicable, is included within a regional planning district; and
(2) The regional plan adopted by the regional planning commission of the district has included the information described in subsection 1 pertaining to the city or county, as applicable.
(c) A city or county is not required to develop and maintain the water resource plan described in subsection 1 if:
(1) The city or county, as applicable, is located in an area served by a water district created by a special act or a water authority organized as a public agency or entity created by cooperative agreement pursuant to chapter 277 of NRS; and
(2) The water district or water authority, as applicable, has developed and maintained a water resource plan that includes the information described in subsection 1 pertaining to the city or county, as applicable.
(Added to NRS by 2019, 1294)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.023 - Enactment of separate zoning and planning ordinances for specific parts of territories.

Where parts of the territory of any county or city lie within the jurisdiction of different regional planning commissions or other planning authorities, the governing body of such county or city may enact a separate building, subdivision, zoning or similar ordinance for each such part of its territory.
(Added to NRS by 1969, 861)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0231 - Requirement to place street address or identifying number on exterior of certain buildings; notice of violation.

1. Each governing body shall require by ordinance that the owner of every:
(a) Apartment complex place the number of its street address on the complex in such a manner that the police, fire department and other persons responding to an emergency can readily locate individual dwelling units within the complex.
(b) Commercial shopping center place on the back door of each business in the shopping center, in numerals at least 3 inches high, a number identifying that business.
(c) Building which is owned by or leased to the State or a political subdivision thereof and located within the jurisdiction of the governing body place the number of its street address on the front of the building in such a manner that the police, fire department and other persons responding to an emergency can readily locate the building.
(d) Building which is used for commercial purposes place the number of its street address on the front of the building in such a manner that the police, fire department and other persons responding to an emergency can readily locate the building.
2. If, during an inspection of a building, any member of a fire department becomes aware of a violation of an ordinance adopted pursuant to subsection 1, the chief officer of the fire department or an employee designated by the chief officer, shall give notice of the violation to the owner or occupant of the building.
3. As used in this section, "apartment complex" means a building or group of buildings, each building of which is arranged in several suites of connecting rooms, each suite designed for independent housekeeping.
(Added to NRS by 1987, 1488; A 1991, 998)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02313 - Maintenance, reconstruction and repair of sidewalks: Circumstances under which governing body may compel action by owner of property.

1. Except as otherwise provided in subsection 2, a governing body shall not require an owner of property to maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts his or her property.
2. The provisions of subsection 1 do not prohibit a governing body from:
(a) Imposing an assessment or other charge authorized by law for any reconstruction or repair of a sidewalk that the governing body causes to be performed within a public right-of-way;
(b) Requiring any reconstruction or repair of a sidewalk as a condition of approval for a change in the use of the land;
(c) Requiring an owner of property to maintain a sidewalk in a public right-of-way that abuts his or her property if the sidewalk was constructed pursuant to standards that exceed the general standards of the governing body for sidewalks; or
(d) Requiring, by ordinance, owners of property to be responsible for:
(1) The repair and reconstruction of a sidewalk in the public right-of-way that abuts the property of the owner if the owner caused the need for such repair or reconstruction.
(2) The general maintenance of a sidewalk in the public right-of-way that abuts the property of the owner, including, without limitation, sweeping, removal of snow, ice and weeds, and maintenance of any grass, shrubs or trees that encroach on the sidewalk.
(Added to NRS by 2003, 1738)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02315 - Inclusion of provisions for placement of recycling containers in plans for construction or major renovation of apartment complex or condominium.

1. On and after October 1, 2009, a governing body or its designee shall not approve any plan or revised plan for the construction or major renovation of an apartment complex or condominium unless the plan or revised plan includes provisions for the placement of recycling containers on the premises of the apartment complex or condominium.
2. As used in this section:
(a) "Apartment complex" has the meaning ascribed to it in NRS 444A.0103.
(b) "Condominium" has the meaning ascribed to it in NRS 117.010.
(c) "Major renovation" means the destruction or reconstruction of an apartment complex or condominium to an extent which exceeds 50 percent of the replacement value of the apartment complex or condominium.
(Added to NRS by 2009, 834)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02317 - Governing body may not require dedication of real property as condition for issuance of building permit; exceptions.

1. Except as otherwise provided in subsection 2, a governing body shall not require an owner of land to dedicate real property or any interest in real property as a condition for the issuance of a building permit.
2. The provisions of subsection 1 do not prohibit:
(a) A governing body from requiring, before the issuance of a building permit, that an owner of land comply with any applicable conditions of a discretionary approval, including, without limitation, a special use permit, that has been granted previously; or
(b) The application of any requirements that a governing body imposes by ordinance with respect to a broad class of owners of land.
(Added to NRS by 2003, 656)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.0232 - Closure or conversion of mobile home park: Report required to be filed with planning commission or governing body.

1. Before a mobile home park is closed or converted to any other use, the person proposing the closure or conversion shall file with the appropriate planning commission or governing body a report containing information concerning the closure or conversion of the park. The report must address the availability of comparable parks in the area and the cost of relocating a mobile home to another park.
2. The planning commission or governing body shall make the report available for review by the general public.
(Added to NRS by 1987, 932)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02325 - Conversion of existing mobile home park into individually owned lots: Restrictions governing body, commission or board may not impose as condition of approval.

A governing body, commission or board whose approval is necessary pursuant to NRS 278.010 to 278.630, inclusive, for the conversion of an existing mobile home park into individually owned mobile home lots:
1. Except as otherwise provided in subsection 2, may not require any change to existing densities, uses, lot sizes, setbacks or other similar restrictions applicable to the mobile home park as a condition of the approval of the conversion.
2. May impose reasonable restrictions related to health and safety as a condition of the approval of the conversion.
(Added to NRS by 2003, 681)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.02327 - Application for matter relating to land use planning required to be complete for acceptance by governing body; review for completeness; procedure for return of incomplete application; submission of corrected application; preliminary application process.

1. Any application submitted to a governing body or its designee that concerns any matter relating to land use planning pursuant to NRS 278.010 to 278.630, inclusive, or any ordinance, resolution or regulation adopted pursuant thereto, may not be accepted by the governing body or its designee if the application is incomplete.
2. The governing body or its designee shall, within 10 working days after receiving an application of the type described in subsection 1:
(a) Review the application for completeness;
(b) Accept the application if the governing body or its designee finds that the application is complete or return the application if the governing body or its designee finds that the application is incomplete; and
(c) If the governing body or its designee returns the application:
(1) Provide to the applicant a specific description of the additional information required; and
(2) Provide to the applicant a copy of the relevant provision of the ordinance, resolution or regulation which specifically requires the additional information or an explanation of why the additional information is necessary.
3. If a governing body or its designee fails to comply with the provisions of subsection 2, the application shall be deemed to be complete.
4. Once an applicant submits a corrected application in response to a notice of incompleteness provided pursuant to subsection 2, the governing body or its designee shall review and respond to the corrected application within 5 working days.
5. A governing body or its designee may establish a preliminary application process to help an applicant submit a complete application but shall not use any preliminary application process to circumvent the provisions of this section. Any preliminary application process established pursuant to this subsection must require a substantive meeting between an applicant and a governing body or its designee within 15 business days after the applicant’s request.
6. As used in this section:
(a) "Application" does not include an application for a building permit.
(b) "Designee" means any division, department or agency of a governing body with jurisdiction over land use planning, improvement planning, permitting, inspection, zoning, roadways, utilities, public health, water, sewer, drainage, traffic control and public works.
(Added to NRS by 2007, 1538; A 2013, 3216; 2023, 1164)