reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.812 - Review of applications approved by local authorities. [Effective until the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

1. When an application for approval of the development or construction of a business or recreational establishment subject to the provisions of NRS 278.780 to 278.828, inclusive, has been submitted to the appropriate local authority, and the local authority has made its final determination of approval, the application shall be referred forthwith to the Agency for review as to environmental impact and effect. The Agency shall consider each application on an individual basis and shall, by resolution, either approve, approve with conditions or disapprove each application within 30 days plus notice and publication time as provided in subsection 3. A resolution adopted by the Agency approving the application shall be required before the applicant may proceed with such development or construction.
2. The governing body shall adopt all necessary ordinances, rules, regulations and policies for the determination of environmental impact and effect, for the approval or disapproval of individual applications and for otherwise implementing the provisions of NRS 278.780 to 278.828, inclusive. Such ordinances, rules, regulations and policies shall include but need not be limited to criteria for determining the effect of each proposal upon the availability of services, public facilities and natural resources, and the capacity of the environment to tolerate additional development.
3. Whenever an application is referred to the Agency for review, the Agency shall take final action upon whether to approve, to require modification or to reject such application within 30 days after such application is delivered to the Agency, plus the 5-day notice and publication period required by subsection 2 of NRS 278.802. If the Agency does not take final action within such 30-day period plus notice and publication time, the application shall be deemed approved.
4. Except as otherwise provided in NRS 278.780 to 278.828, inclusive, Agency procedures shall be subject to the provisions of chapter 233B of NRS.
(Added to NRS by 1973, 1384; R 1979, 1133; 2011, 3739; 2013, 2367, effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.8121 - Review and approval of public works. [Effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

1. Every public works project proposed to be constructed within the region must be submitted to the Agency for its review and recommendation as to conformity with the regional plan.
2. Except as provided in subsection 3, a public works project must not be constructed unless it has been approved by the Agency.
3. If the public works project is proposed and is to be constructed by a department of this State, the Agency shall submit its recommendations to the executive head of the department and to the Governor, but the project may be constructed as approved by the executive head of the department.
(Added to NRS by 1979, 1132, effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; A 2011, 3739; 2013, 2367)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.8123 - Review and approval of proposals by Agency: Time limitations. [Effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

1. Whenever, under the provisions of NRS 278.8121 or any ordinance, rule, regulation or policy of the Agency, the Agency is required to review or approve any proposal, public or private, the Agency shall take final action upon whether to approve, to require modification or to reject the proposal within 90 days after the proposal is delivered to the Agency in compliance with the Agency’s regulations concerning such delivery unless the applicant has agreed to an extension of this time limit. If the Agency does not take final action within 90 days, the proposal shall be deemed rejected.
2. Approval by the Agency of any proposed construction or use expires 3 years after the date of final action by the Agency unless construction is begun within that time and diligently pursued thereafter or the use has commenced. In computing the 3-year period, any period of time during which the proposed construction or use is the subject of a legal action must not be counted.
(Added to NRS by 1979, 1132, effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; A 2011, 3739; 2013, 2367)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.8125 - Permitted and conforming uses.

1. Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on January 1, 1979, the Agency shall recognize as a permitted and conforming use:
(a) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on January 1, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or by default before that date. The Agency shall not permit the construction of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure.
(b) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before January 1, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
(c) Gaming conducted pursuant to a restricted gaming license issued before January 1, 1979, to the extent permitted by that license on that date.
The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the Agency. The Agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.
2. Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume and land coverage existing or approved on May 4, 1979.
(Added to NRS by 1979, 433)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.8127 - Exemption from and intendment of NRS 278.8125.

1. Gaming conducted pursuant to a restricted gaming license is exempt from the provisions of NRS 278.8125 if it is incidental to the primary use of the premises.
2. The provisions of NRS 278.8125 are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists.
(Added to NRS by 1979, 434)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.813 - Ordinances, rules and regulations; general and regional standards. [Effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

1. The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional plan. Every such ordinance, rule or regulation must establish a minimum standard applicable throughout the region, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory.
2. The regulations must contain general, regional standards, including but not limited to the following:
(a) Water purity and clarity;
(b) Subdivision;
(c) Zoning;
(d) Tree removal;
(e) Disposal of solid waste;
(f) Sewage disposal;
(g) Landfills, excavations, cuts and grading;
(h) Piers, harbors, breakwaters, channels and other shoreline developments;
(i) Waste disposal in shoreline areas;
(j) Waste disposal from boats;
(k) Mobile home parks;
(l) House relocation;
(m) Outdoor advertising;
(n) Protection of floodplains;
(o) Protection of soil and control of sedimentation;
(p) Air pollution; and
(q) Watershed protection.
3. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.
(Added to NRS by 1979, 1132, effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; A 2011, 3739; 2013, 2367)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.814 - Ordinances: Publication by title; copies transmitted to political subdivisions within region.

1. Every ordinance adopted by the Agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region.
2. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
(Added to NRS by 1973, 1385)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.816 - Enforcement of ordinances, rules, regulations and policies; jurisdiction of courts.

All ordinances, rules, regulations and policies adopted by the Agency shall be enforced by the Agency and by Carson City and the counties. The appropriate courts of this State, each within its limits of territory and subject matter provided by law, are vested with jurisdiction over civil actions to which the Agency is a party and criminal actions for violations of its ordinances, rules and regulations.
(Added to NRS by 1973, 1385)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.820 - Fees for services of Agency. [Effective until the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.] Financial powers and duties of Agency. [Effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

The Agency may fix and collect reasonable fees for any services rendered by it.
(Added to NRS by 1973, 1385; A 1979, 617)
1. The Agency may fix and collect reasonable fees for any services rendered by it.
2. On or before December 30 of each calendar year the Agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The Agency shall apportion not more than $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. Each county shall pay such sum from its general fund or from any other money available therefor.
3. The Agency is strictly accountable to each county in the region for all money paid by it to the Agency and is strictly accountable to all participating bodies for all receipts and disbursements.
(Added to NRS by 1973, 1385; A 1979, 617, 1129, effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; A 2011, 3739; 2013, 2367)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.822 - Powers of local authorities subordinate to those of Agency.

In the region of this State for which there has been created by NRS 278.780 to 278.828, inclusive, a Regional Planning Agency, the powers conferred by this chapter upon any other authority with respect to the business and recreational establishments subject to the provisions of NRS 278.780 to 278.828, inclusive, are subordinate to the powers of such Regional Planning Agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance, rule, regulation or policy adopted by such Regional Planning Agency.
(Added to NRS by 1973, 1385)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.824 - Limitations on powers of Agency. [Effective until the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

The Nevada Tahoe Regional Planning Agency shall exercise authority, powers and functions within the region pursuant to NRS 278.780 to 278.828, inclusive:
1. Only with respect to business and recreational establishments which are required by law to be individually licensed by the State of Nevada, whether or not any such business or establishment was so licensed prior to April 30, 1973, or is to be constructed on land which was so zoned or designated in a finally adopted master plan on February 5, 1968, as to permit the construction of any such business or establishment; and
2. Only with respect to authority, powers and functions which are not granted to the Tahoe Regional Planning Agency by the Tahoe Regional Planning Compact or which are excluded, excepted or limited, wholly or partially, from the authority, powers and functions granted to the Tahoe Regional Planning Agency by such Compact.
(Added to NRS by 1973, 1385; R 1979, 1133; 2011, 3739; 2013, 2367, effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.826 - Assumption of powers and duties by Agency. [Effective upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers.]

1. If at any time the State of California or the State of Nevada withdraws from the Tahoe Regional Planning Compact, the Nevada Tahoe Regional Planning Agency shall perform all duties and exercise all powers provided in NRS 278.780 to 278.828, inclusive.
2. Upon receiving a notice of withdrawal or determining as a fact that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers, the Governor shall proclaim publicly the withdrawal or finding.
(Added to NRS by 1973, 1386; A 1979, 1129; 2011, 3739; 2013, 2366, 2367, effective upon the proclamation by the Governor of this State of the withdrawal of the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; A 2013, 3838)
2023 Nevada Revised Statutes › Chapter 278 - Planning and Zoning › NRS 278.828 - Unlawful contract or purchase by member of governing body; penalties.

1. It is unlawful for any member of the governing body of the Agency to be interested, directly or indirectly, in any contract made by that member, or be a purchaser or be interested, directly or indirectly, in any purchase of a sale made by that member in the discharge of his or her official duties.
2. All contracts made in violation of subsection 1 may be declared void at the instance of the Agency, or of any other party interested in such contract, except the member prohibited from making or being interested in such contract.
3. Any person who violates the provisions of this section is guilty of a gross misdemeanor and shall forfeit his or her office.
(Added to NRS by 1973, 1385)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.020 - Legislative declaration.

The legislature finds that the provisions of this chapter are necessary to further the public health, safety, morals and general welfare in an era of increasing urbanization and of growing demand for housing of all types and design; to provide for necessary commercial and industrial facilities conveniently located to that housing; to encourage a more efficient use of land, public services or private services in lieu thereof; to reflect changes in the technology of land development so that resulting economies may be made available to those who need homes; to insure that increased flexibility of substantive regulations over land development authorized in this chapter be administered in such a way as to encourage the disposition of proposals for land development without undue delay, and are created for the use of cities and counties in the adoption of the necessary ordinances.
(Added to NRS by 1973, 565; A 1981, 130)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.030 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 278A.040 to 278A.070, inclusive, have the meanings ascribed to them in such sections.
(Added to NRS by 1973, 566)—(Substituted in revision for NRS 280A.030)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.040 - "Common open space" defined.

"Common open space" means a parcel or parcels of land or an area of water or a combination of land and water or easements, licenses or equitable servitudes within the site designated for a planned unit development which is designed and intended for the use or enjoyment of the residents or owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents or owners of the development.
(Added to NRS by 1973, 566; A 1981, 131; 1989, 933)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.050 - "Landowner" defined.

"Landowner" means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit development. The holder of an option or contract of purchase, a lessee having a remaining term of not less than 30 years, or another person having an enforceable proprietary interest in the land is a landowner for the purposes of this chapter.
(Added to NRS by 1973, 566; A 1981, 131)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.060 - "Plan" defined.

"Plan" means the provisions for development of a planned unit development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities.
(Added to NRS by 1973, 566; A 1981, 131; 2021, 1031)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.065 - "Planned unit development" defined.

1. "Planned unit development" means an area of land controlled by a landowner, which is to be developed as a single entity for one or more planned unit residential developments, one or more public, quasi-public, commercial or industrial areas, or both.
2. Unless otherwise stated, "planned unit development" includes the term "planned unit residential development."
(Added to NRS by 1981, 130; A 1989, 933)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.070 - "Planned unit residential development" defined.

"Planned unit residential development" means an area of land controlled by a landowner, which is to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of any zoning ordinance enacted pursuant to law.
(Added to NRS by 1973, 566)—(Substituted in revision for NRS 280A.070)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.080 - Exercise of powers by city or county.

The powers granted under the provisions of this chapter may only be exercised by any city or county which enacts an ordinance conforming to the provisions of this chapter.
(Added to NRS by 1973, 566; A 1977, 1518; 2021, 1031)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.090 - Adoption of certain requirements, procedures, standards and conditions by ordinance.

Each ordinance enacted pursuant to the provisions of this chapter must:
1. Require the plan to be set forth in written and graphic materials, as specified in the ordinance;
2. Set forth procedures by which the city or county will review an application for a plan, which must include, without limitation, procedures by which the city or county will review an application for a plan which calls for development over a period of years;
3. Set forth procedures by which the city or county will review and process an application to modify, remove or release any provision of the plan pursuant to NRS 278A.410; and
4. Set forth the standards and conditions by which a proposed planned unit development is evaluated.
(Added to NRS by 1973, 567; A 1977, 1518; 1981, 131; 2021, 1031)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.110 - Density and intensity of use of land.

1. An ordinance enacted pursuant to the provisions of this chapter must establish standards governing the density or intensity of land use in a planned unit development.
2. The standards must take into account the possibility that the density or intensity of land use otherwise allowable on the site under the provisions of a zoning ordinance previously enacted may not be appropriate for a planned unit development. The standards may vary the density or intensity of land use otherwise applicable to the land within the planned unit development in consideration of:
(a) The amount, location and proposed use of common open space.
(b) The location and physical characteristics of the site of the proposed planned development.
(c) The location, design and type of dwelling units.
(d) The criteria for approval of a tentative map of a subdivision pursuant to subsection 3 of NRS 278.349.
3. In the case of a planned unit development which is proposed to be developed over a period of years, the standards may, to encourage the flexibility of density, design and type intended by the provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit development in the case of each section to be developed. The ordinance may authorize the city or county to allow for a greater concentration of density or intensity of land use within a section of development whether it is earlier or later in the development than the other sections. The ordinance may require that the approval by the city or county of a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the city or county. If the ordinance requires both tentative and final approval of a plan for a planned unit development, the reservation must, as far as practicable, defer the precise location of the common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this chapter, can be maintained.
(Added to NRS by 1973, 567; A 1977, 1519; 1981, 132; 1989, 933; 2021, 1031)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.120 - Common open space: Amount and location; improvement and maintenance.

The standards for a planned unit development established by an ordinance enacted pursuant to the provisions of this chapter must require that any common open space resulting from the application of standards for density or intensity of land use be set aside for the use and benefit of the residents or owners of the development and must include provisions by which the amount and location of any common open space is determined and its improvement and maintenance secured.
(Added to NRS by 1973, 568; A 1981, 132)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.130 - Common open space: Dedication of land; development to be organized as common-interest community.

The ordinance must provide that the city or county may accept the dedication of land or any interest therein for public use and maintenance, but the ordinance must not require, as a condition of the approval of a planned unit development, that land proposed to be set aside for common open space be dedicated or made available to public use. If any land is set aside for common open space, the planned unit development must be organized as a common-interest community in one of the forms permitted by chapter 116 of NRS. The ordinance may require that the association for the common-interest community may not be dissolved or dispose of any common open space by sale or otherwise, without first offering to dedicate the common open space to the city or county. That offer to dedicate the common open space must be accepted or rejected within 120 days.
(Added to NRS by 1973, 568; A 1975, 979; 1977, 1520; 1981, 132; 1991, 584; 2021, 1032)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.170 - Common open space: Procedures for enforcing payment of assessment.

The procedures for enforcing payment of an assessment for the maintenance of common open space provided in NRS 116.3116 to 116.31168, inclusive, are also available to any organization for the ownership and maintenance of common open space established other than under this chapter or chapter 116 of NRS and entitled to receive payments from owners of property for such maintenance under a recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude which provides that any reasonable and ratable assessment thereon for the organization’s costs of maintaining the common open space constitutes a lien or encumbrance upon the property.
(Added to NRS by 1975, 981; A 1991, 585)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.190 - Common open space: Assessment of costs of maintenance by city or county; lien.

1. The total cost of the maintenance undertaken by the city or county is assessed ratably against the properties within the planned unit development that have a right of enjoyment of the common open space, and becomes a tax lien on the properties.
2. The city or county, at the time of entering upon the common open space to maintain it, must file a notice of the lien in the appropriate recorder’s office upon the properties affected by the lien within the planned unit development.
(Added to NRS by 1973, 569; A 1977, 1521; 1981, 135)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.210 - Public facilities.

1. The authority granted a city or county by law to establish standards for the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment, applies to such improvements within a planned unit development.
2. The standards applicable to a planned unit development may be different from or modifications of the standards and requirements otherwise required of subdivisions which are authorized under an ordinance.
(Added to NRS by 1973, 569; A 1977, 1521; 1981, 136)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.220 - Evaluation of design, bulk and location of buildings; unreasonable restrictions prohibited.

1. An ordinance enacted pursuant to this chapter must set forth the standards and criteria by which the design, bulk and location of buildings is evaluated, and all standards and all criteria for any feature of a planned unit development must be set forth in that ordinance with sufficient certainty to provide criteria by which specific proposals for a planned unit development can be evaluated.
2. Standards in the ordinance must not unreasonably restrict the ability of the landowner to relate the plan to the particular site and to the particular demand for housing existing at the time of development.
(Added to NRS by 1973, 570; A 1981, 136; 2021, 1032)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.230 - Adoption by ordinance.

1. An ordinance enacted pursuant to this chapter may contain the minimum design standards set forth in NRS 278A.240 to 278A.360, inclusive.
2. Where reference is made in any of these standards to a department which does not exist in the city or county concerned, the ordinance may provide for the discharge of the duty or exercise of the power by another agency of the city or county or by the governing body.
(Added to NRS by 1973, 576; A 1977, 1522)—(Substituted in revision for NRS 280A.200)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.300 - Exterior lighting.

Exterior lighting within the development shall be provided on private common drives, private vehicular streets and on public streets. The lighting on all public streets shall conform to the standards approved by the governing body for regular use elsewhere in the city or county.
(Added to NRS by 1973, 577; A 1977, 1522)—(Substituted in revision for NRS 280A.270)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.310 - Jointly owned areas: Agreement for maintenance and use.

Whenever any property or facility such as parking lots, storage areas, swimming pools or other areas, is owned jointly, a proper maintenance and use agreement shall be recorded as a covenant with the property.
(Added to NRS by 1973, 577)—(Substituted in revision for NRS 280A.280)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.340 - Sanitary sewers.

Sanitary sewers shall be installed and maintained as required by the public works department. Sanitary sewers to be maintained by the governing body and not located in public streets shall be located in easements and shall be constructed in accordance with the requirements of the public works department.
(Added to NRS by 1973, 577)—(Substituted in revision for NRS 280A.310)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.350 - Streets: Construction and design.

1. The streets within the development may be private or public.
2. All private streets shall be constructed as required by the public works department. The construction of all streets shall be inspected by the public works department.
3. All public streets shall conform to the design standards approved by the governing body.
(Added to NRS by 1973, 577; A 1977, 1522)—(Substituted in revision for NRS 280A.320)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.360 - Streets: Names and numbers; signs.

All private streets shall be named and numbered as required by the governing body. A sign comparable to street name signs bearing the words "private street" shall be mounted directly below the street name sign.
(Added to NRS by 1973, 578)—(Substituted in revision for NRS 280A.330)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.380 - Enforcement and modification of plan.

1. The enforcement and modification of the plan as finally approved, whether or not the plan is recorded by plat, covenant, easement or otherwise, are subject to the ordinance adopted pursuant to this chapter and the provisions contained in NRS 278A.390, 278A.400 and 278A.410.
2. The enforcement and modification of the plan must not impair the reasonable reliance of the residents and owners upon the plan or result in changes that would adversely affect the public interest.
(Added to NRS by 1973, 570; A 1981, 136; 2021, 1032)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.390 - Enforcement by city or county.

The provisions of the plan relating to:
1. The use of land and the use, bulk and location of buildings and structures;
2. The quantity and location of common open space;
3. The intensity of use or the density of residential units; and
4. The ratio of residential to nonresidential uses,
must run in favor of the city or county and are enforceable in law by the city or county, without limitation on any powers of regulation of the city or county.
(Added to NRS by 1973, 570; A 1981, 136)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.400 - Enforcement by residents.

1. All provisions of the plan shall run in favor of the residents of the planned unit residential development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan and to that extent such provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by the residents acting individually, jointly or through an organization designated in the plan to act on their behalf.
2. No provision of the plan exists in favor of residents on the planned unit residential development except as to those portions of the plan which have been finally approved and have been recorded.
(Added to NRS by 1973, 570)—(Substituted in revision for NRS 280A.370)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.410 - Modification, removal or release of plan provisions by city or county.

All provisions of the plan authorized to be enforced by the city or county may be modified, removed or released by the city or county, except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility, subject to the following conditions:
1. No such modification, removal or release of the provisions of the plan by the city or county may affect the rights of the residents of the planned unit residential development to maintain and enforce those provisions.
2. Except as otherwise provided in subsection 3, no modification, removal or release of the provisions of the plan by the city or county is permitted except upon a finding by the city or county, following a public hearing, that the modification, removal or release:
(a) Does not adversely affect either the enjoyment of land within, abutting upon or across a street from the planned unit development or the public interest; and
(b) Is not granted solely to confer a private benefit upon any person.
3. A city or county may approve a modification, removal or release of the provisions of a plan without a public hearing upon application by or on behalf of a landowner to modify, remove or release the provisions of the plan if:
(a) The plan does not include any residential development;
(b) The modification, removal or release does not propose to add any new residential development; and
(c) The city or county determines that such modification, removal or release:
(1) Is minor in nature, as defined in the ordinance;
(2) Substantially complies with the plan; and
(3) Does not require the vacation or abandonment of any street, public sidewalk, pedestrian right of way or drainage easement.
(Added to NRS by 1973, 571; A 1981, 137; 2021, 1033)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.420 - Modification by residents.

Residents of the planned unit residential development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action may affect the right of the city or county to enforce the provisions of the plan.
(Added to NRS by 1973, 571; A 1981, 137)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.430 - Applicability; purposes; tentative approval not required under certain circumstances.

1. In order to provide an expeditious method for processing a plan for a planned unit development under the terms of an ordinance enacted pursuant to the powers granted under this chapter, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval by a multiplicity of local procedures of a plat or subdivision or resubdivision, as well as approval of a change in the zoning regulations otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a planned unit development and its continuing administration must be consistent with the provisions set out in this section and NRS 278A.440 to 278A.590, inclusive.
2. Unless otherwise provided in the ordinance, a tentative approval of the plan for a planned unit development is not required. If the ordinance requires both tentative and final approval, the city or county shall comply with the procedures set forth in this section and NRS 278A.440 to 278A.590, inclusive, for granting tentative approval and final approval of the plan.
(Added to NRS by 1973, 571; A 1981, 137; 2021, 1033)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.450 - Application: Form; filing fees; place of filing; tentative map.

1. The form of the application for tentative or final approval and the official of the city or county with whom the application is to be filed must be:
(a) Set forth in the ordinance enacted pursuant to this chapter; or
(b) Published and made publicly available by the city or county.
2. The fee for filing the application must be:
(a) Set forth in the ordinance enacted pursuant to this chapter; or
(b) Published and made publicly available by the city or county.
3. If the ordinance requires both tentative and final approval, the application for tentative approval may include a tentative map. If a tentative map is included, tentative approval may not be granted pursuant to NRS 278A.490 until the tentative map has been submitted for review and comment by the agencies specified in NRS 278.335.
(Added to NRS by 1973, 571; A 1981, 1317; 1987, 664; 2021, 1034)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.460 - Planning, zoning and subdivisions determined by city or county.

All planning, zoning and subdivision matters relating to the platting, use and development of the planned unit development and subsequent modifications of the regulations relating thereto to the extent modification is vested in the city or county, must be determined and established by the city or county.
(Added to NRS by 1973, 572; A 1981, 138)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.470 - Application: Contents.

The ordinance may require such information in the application as is reasonably necessary to disclose to the city or county:
1. The location and size of the site and the nature of the landowner’s interest in the land proposed to be developed.
2. The density of land use to be allocated to parts of the site to be developed.
3. The location and size of any common open space and the form of organization proposed to own and maintain any common open space.
4. The use and the approximate height, bulk and location of buildings and other structures.
5. The ratio of residential to nonresidential use.
6. The feasibility of proposals for disposition of sanitary waste and storm water.
7. The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
8. The provisions for parking of vehicles and the location and width of proposed streets and public ways.
9. The required modifications in the municipal land use regulations otherwise applicable to the subject property.
10. In the case of plans which call for development over a period of years, a schedule showing the proposed times within which additional applications for approval of all sections of the planned unit development are intended to be filed.
(Added to NRS by 1973, 572; A 1977, 1523; 1981, 138; 2021, 1034)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.480 - Public hearing: Notice; time limited for concluding hearing; extension of time.

1. After the filing of an application pursuant to NRS 278A.440 to 278A.470, inclusive, a public hearing on the application shall be held by the city or county, public notice of which shall be given in the manner prescribed by law for hearings on amendments to a zoning ordinance.
2. The city or county may continue the hearing from time to time and may refer the matter to the planning staff for a further report, but the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing unless the landowner consents in writing to an extension of the time within which the hearings shall be concluded.
(Added to NRS by 1973, 572; A 1977, 1524)—(Substituted in revision for NRS 280A.460)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.490 - Grant, denial or conditioning of tentative or final approval; specifications for approval.

The city or county shall, following the conclusion of the public hearing provided for in NRS 278A.480:
1. Grant tentative or final approval of the plan as submitted;
2. Grant tentative or final approval subject to specified conditions not included in the plan as submitted; or
3. Deny tentative or final approval to the plan.
If tentative or final approval is granted, with regard to the plan as submitted or with regard to the plan with conditions, the city or county may, as part of its action, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval or be included in the approved plan.
(Added to NRS by 1973, 572; A 1977, 1524; 2021, 1035)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.500 - Minute order: Findings of fact required.

The grant or denial of tentative or final approval by minute action must set forth the reasons for the grant, with or without conditions, or for the denial, and the minutes must set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings on the following:
1. In what respects the plan is or is not consistent with:
(a) The statement of objectives of a planned unit development; and
(b) The master plan adopted pursuant to NRS 278.150.
2. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the property, including but not limited to density, bulk and use, and the reasons why these departures are or are not deemed to be in the public interest.
3. The ratio of residential to nonresidential use in the planned unit development.
4. The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
5. The physical design of the plan and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
6. The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established.
7. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public, residents and owners of the planned unit development in the integrity of the plan.
(Added to NRS by 1973, 573; A 1981, 138; 2021, 1035)
2023 Nevada Revised Statutes › Chapter 278A - Planned Development › NRS 278A.510 - Minute order: Specification of time for filing application for final approval.

Unless the time is specified in an agreement entered into pursuant to NRS 278.0201, if a plan is granted tentative approval, with or without conditions, the city or county shall set forth, in the minute action, the time within which an application for final approval of the plan must be filed or, in the case of a plan which provides for development over a period of years, the periods within which application for final approval of each part thereof must be filed.
(Added to NRS by 1973, 573; A 1985, 2116; 1987, 1305)