Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE22 COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES; REGIONAL TRANSPORTATION COMMISSIONS; PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT |
CHAPTER278. Planning and Zoning |
GENERAL PROVISIONS |
NRS 278.010. Definitions. |
NRS 278.0103. “Aboveground utility” defined. |
NRS 278.0105. “Affordable housing” defined. |
NRS 278.0107. “Average residential density” defined. |
NRS 278.011. “Building code” defined. |
NRS 278.0115. “Building official” defined. |
NRS 278.012. “Cities and counties” defined. |
NRS 278.0125. “City surveyor” defined. |
NRS 278.013. “Commission” and “planning commission” defined. |
NRS 278.0135. “Common-interest community” defined. |
NRS 278.014. “County surveyor” defined. |
NRS 278.0145. “Final map” defined. |
NRS 278.0147. “Gaming enterprise district” defined. |
NRS 278.015. “Governing body” defined. |
NRS 278.0153. “Historic neighborhood” defined. |
NRS 278.0155. “Improvement” defined. |
NRS 278.0157. “Infrastructure” and “public facilities” defined. |
NRS 278.016. “Local ordinance” defined. |
NRS 278.0165. “Lot” defined. |
NRS 278.0166. “Military installation” defined. |
NRS 278.0167. “Mobile home park” defined. |
NRS 278.017. “Parcel map” defined. |
NRS 278.0172. “Regional planning coalition” defined. |
NRS 278.0173. “Renewable energy” defined. |
NRS 278.01735. “Renewable energy generation project” defined. |
NRS 278.0174. “Residential dwelling unit” defined. |
NRS 278.0175. “Right-of-way” defined. |
NRS 278.0177. “Rural preservation neighborhood” defined. |
NRS 278.018. “Streets” defined. |
NRS 278.0185. “Subdivider” defined. |
NRS 278.019. “Tentative map” defined. |
NRS 278.0193. “Used for residential purposes” defined. |
NRS 278.0195. “Utility project” defined. |
NRS 278.020. Regulation by governing bodies of improvement of land and location of structures for general welfare. |
NRS 278.0203. Agreement with governing body concerning development of land: Approval by ordinance; recording. |
NRS 278.0207. Agreement with governing body concerning development of land: Recording of certified copy of ordinance adopting agreement. |
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. |
NRS 278.02077. Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy; exceptions. |
NRS 278.0208. Prohibition against prohibiting or unreasonably restricting use of system for obtaining solar energy. |
NRS 278.02081. Mandatory consideration of certain standards and guidelines if governing body establishes committee or task force on sustainable energy. |
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. |
NRS 278.02085. Amateur radio: Limitations on restrictions on amateur service communications; limitations on regulation of station antenna structures; exception. |
NRS 278.0209. Factory-built housing: Inclusion in definition of “single-family residence”; standards for safety and development; installation prohibited under certain circumstances. |
NRS 278.0211. Standards and specifications relating to school buildings in certain counties to be consistent and developed in conjunction with school district. |
NRS 278.0217. Certain documents to be retained by governing body or other entity that causes notices of hearing to be provided. |
NRS 278.022. Restriction of adult motion picture theaters and bookstores: Declaration of legislative intent. |
NRS 278.0221. Restriction of adult motion picture theaters and bookstores: Definitions. |
NRS 278.0222. Restriction of adult motion picture theaters and bookstores: Authority of commission and governing body. |
NRS 278.0226. Preparation of annual plan for capital improvements; contents of plan. |
NRS 278.023. Enactment of separate zoning and planning ordinances for specific parts of territories. |
NRS 278.0231. Requirement to place street address or identifying number on exterior of certain buildings; notice of violation. |
NRS 278.02313. Maintenance, reconstruction and repair of sidewalks: Circumstances under which governing body may compel action by owner of property. |
NRS 278.02315. Inclusion of provisions for placement of recycling containers in plans for construction or major renovation of apartment complex or condominium. |
NRS 278.02317. Governing body may not require dedication of real property as condition for issuance of building permit; exceptions. |
NRS 278.0232. Closure or conversion of mobile home park: Report required to be filed with planning commission or governing body. |
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. |
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. |
NRS 278.0233. Actions against agency: Conditions and limitations. |
NRS 278.0235. Actions against agency: Commencement. |
NRS 278.0237. Actions against agency: Defenses; attorney’s fees, court costs and interest; remedy cumulative. |
GROUP HOMES |
NRS 278.0238. Definitions. [Repealed] |
NRS 278.02381. “Halfway house for recovering alcohol and drug abusers” defined. [Repealed] |
NRS 278.02382. “Health Division” defined. [Repealed] |
NRS 278.02383. “Home for individual residential care” defined. [Repealed] |
NRS 278.02384. “Residential establishment” defined. [Repealed] |
NRS 278.02385. “Residential facility for groups” defined. [Repealed] |
NRS 278.02387. Registry of group homes: Transmission of information; compilation and maintenance by Health Division; contents; availability. [Repealed] |
NRS 278.02388. Prerequisites to approval or issuance of rezoning, zone variance or special use permit necessary to operate residential establishment; conditional approval or issuance. [Repealed] |
SPRING MOUNTAINS AND RED ROCK CANYON |
NRS 278.0239. Supremacy of limits upon development established by certain special legislative acts. |
REGIONAL PLANNING AGENCIES |
REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 700,000 OR MORE |
General Provisions |
NRS 278.02507. Applicability. |
NRS 278.02514. Regional planning coalition: Establishment. |
Comprehensive Regional Policy Planning |
NRS 278.02521. Legislative intent. |
NRS 278.02528. Comprehensive regional policy plan: Development by regional planning coalition; contents; prerequisites to adoption and amendment. |
NRS 278.02535. Regional planning coalition: Study and development of incentives for certain types of development. |
NRS 278.02542. Regional planning coalition: Powers; establishment of definition for term “project of regional significance.” |
NRS 278.02563. Regional planning coalition to annually prepare, adopt and submit budget to local governments in region. |
NRS 278.0257. Regional planning coalition authorized to employ persons and contract for services to carry out certain duties. |
Planning for Land Use, Transportation and Air Quality |
Extension of Infrastructure to Undeveloped Areas |
NRS 278.02591. Analysis by governing body of cost to construct infrastructure in undeveloped area: Establishment; contents; approval; provision to regional planning coalition. |
NRS 278.02598. Governing body authorized to negotiate master development agreements to carry out plan for infrastructure. |
REGIONAL PLANNING IN COUNTIES WHOSE POPULATION IS 100,000 OR MORE BUT LESS THAN 700,000 |
NRS 278.026. Definitions. |
NRS 278.0261. Legislative findings and declaration. |
NRS 278.0262. Regional planning commission: Creation; membership; chair; compensation; training. |
NRS 278.0263. Regional planning commission: Request for assistance. |
NRS 278.02632. Regional planning commission: Study and development of incentives for certain types of development. |
NRS 278.0264. Governing board for regional planning: Creation; membership; chair; compensation; operational needs; capacity to sue and be sued; budget. |
NRS 278.0266. Director of regional planning: Appointment; qualifications; powers and duties. |
NRS 278.0268. Appointment of subcommittees and advisory committees. |
NRS 278.0272. Development, review and amendment of regional plan; public hearings required. |
NRS 278.0274. Contents of regional plan. |
NRS 278.0276. Adoption of regional plan. |
NRS 278.0277. Project of regional significance: Adoption of guidelines and procedures for review of proposal. |
NRS 278.02784. Joint planning area: Designation in regional plan; master plan required for area. |
NRS 278.02786. Joint planning area: Procedure for recommendation and adoption of master plan. |
NRS 278.02788. Adoption of master plan for sphere of influence; appeal of decision concerning use of land within sphere of influence. |
NRS 278.028. Review and amendment of existing master plan, facilities plan or other similar plan; objection filed with regional planning commission; appeal of final determination to board. |
NRS 278.0284. Conformity of local ordinances and regulations to master plan. |
NRS 278.0286. Annual report by local planning commission; local government to file information relating to proposed actions concerning regional plan. |
NRS 278.0288. Exempted region. |
NRS 278.029. Facilities plan not required. |
PLANNING COMMISSIONS |
NRS 278.030. Creation by cities and counties; number of members. |
NRS 278.040. Members: Appointment; qualifications; compensation and expenses; terms; removal; vacancies. |
NRS 278.050. Meetings; rules; records; continuances. |
NRS 278.060. Chair: Election; term. |
NRS 278.070. Additional officers; employees; consultants. |
NRS 278.080. Expenditures; operational needs. |
NRS 278.090. Regional planning commission: Creation; selection of representatives. |
NRS 278.100. Regional planning commission: Members; terms; membership on city or county planning commission not public office; compensation; removal; vacancies. |
NRS 278.110. Regional planning commission: Chair; employees. |
NRS 278.120. Regional planning commission: Appropriation of money for expenses. |
NRS 278.130. Regional planning commission: Performance of duties and functions of city or county planning commission; regional or intergovernmental decisions. |
NRS 278.140. Regional planning districts: Formation and functions. |
NRS 278.145. Report of location of utility project. |
NRS 278.150. Master plan: Preparation and adoption by planning commission; adoption by governing body of city or county. |
NRS 278.160. Elements of master plan. |
NRS 278.165. Development and adoption of aboveground utility plan. |
NRS 278.170. Coordination of master plans; adoption of all or parts. |
NRS 278.180. School sites: Commission to notify school boards of preparation of plans for community and public buildings. |
NRS 278.185. Notice of plan for future construction of school. |
NRS 278.190. Promotion of plans and regulations; consultations and advice; entry upon land; general powers. |
NRS 278.200. Form of master plan. |
NRS 278.220. Adoption of master plan or part thereof by governing body; change to plan adopted by commission. |
NRS 278.225. Governing body may establish by ordinance procedure for adopting minor amendments to master plan; public hearing and notice required before adoption of ordinance. |
NRS 278.230. Governing body to put adopted master plan into effect. |
NRS 278.235. Adoption of measures to maintain and develop affordable housing to carry out housing plan required in master plan; annual reports. |
NRS 278.240. Approval required for certain dedications, closures, abandonments, construction or authorizations. |
NRS 278.243. City or county authorized to represent own interests in certain matters if governing body has adopted master plan. |
NRS 278.246. City or county authorized to enter into certain actions if governing body has adopted master plan. |
NRS 278.250. Zoning districts and regulations. |
NRS 278.262. Hearing examiners: Power of governing body to appoint. |
NRS 278.263. Hearing examiners: Compensation; qualifications; removal. |
NRS 278.264. Hearing examiners: Rules of procedure. |
NRS 278.265. Hearing examiners: Notice and hearing; duties and powers; final action on certain matters; appeal of final action. |
PERMITS FOR CERTAIN UTILITY PROJECTS |
NRS 278.26503. Establishment of procedures for issuance of permit or special use permit for construction of project. |
NRS 278.26506. Petition for review of decision of planning commission or governing body by Public Utilities Commission of Nevada; judicial review; regulations. |
ZONING BOARDS OF ADJUSTMENT |
NRS 278.270. Creation. |
NRS 278.280. Members: Appointment; compensation; terms; removal; vacancies. |
NRS 278.290. Meetings, rules and records. |
NRS 278.300. Powers. |
NRS 278.310. Appeals: Persons entitled to appeal to board of adjustment; procedure; appeals from decisions of board of adjustment; alternative procedure if board of adjustment has not been created. |
SPECIAL EXCEPTIONS |
NRS 278.315. Granting of variances, special and conditional use permits and other special exceptions by board of adjustment, planning commission or hearing examiner; appeal of decision. |
NRS 278.319. Granting of minor deviations without hearing; appeal of decision. |
APPEALS |
DIVISIONS OF LAND |
Subdivision of Land: General Provisions |
NRS 278.320. “Subdivision” defined; exemptions for certain land. |
NRS 278.325. Mapping for industrial or commercial development; restriction on sale of parcel for residential use; requirements for creating boundary by conveyance. |
NRS 278.326. Local ordinances governing improvements, mapping, accuracy, engineering and related subjects. |
NRS 278.327. Approval of map does not preclude further division. |
NRS 278.328. Final action by planning commission on tentative map and final map: Authorization; appeal. |
NRS 278.329. Relief from requirement to dedicate certain easements. |
Subdivision of Land: Tentative Maps |
NRS 278.330. Preparation of tentative map; filing and distribution of copies; action by planning commission. |
NRS 278.335. Review of tentative map by agencies of State; reviews and inspections by district board of health. |
NRS 278.340. Review by city of tentative map of subdivision proposed to be located within 1 mile of boundary of city. |
NRS 278.345. Review by county of tentative map of subdivision proposed to be located within 1 mile of boundary of unincorporated area of county. |
NRS 278.346. Tentative map to be forwarded to school board; acquisition or disposal of school site. |
NRS 278.347. Review of tentative map by general improvement district. |
NRS 278.348. Review of tentative map by irrigation district in county whose population is less than 100,000. |
NRS 278.3485. Review of tentative map for subdivision of land containing irrigation ditch located outside irrigation district in county whose population is less than 100,000. |
NRS 278.349. Action on tentative map by governing body; considerations in determining action on tentative map; final disposition. |
NRS 278.350. Limitations on time for action on tentative or final map; effect of certain agreements extending time limits covering portion of approved tentative map. |
NRS 278.353. Disclosure required when property offered for sale before final map recorded. |
Subdivision of Land: Final Maps |
NRS 278.360. Requirements for presentation of final map or series of final maps; extensions of time. |
NRS 278.371. Survey, setting of monuments and preparation of final map; performance bond. |
NRS 278.372. Final map: Requirements and contents. |
NRS 278.373. Certificates and acknowledgments to appear on final map. |
NRS 278.374. Certificate of owner of land; report and guarantee of title company. |
NRS 278.375. Certificate of professional land surveyor. |
NRS 278.376. Certificate by county or city surveyor or by county or city engineer. |
NRS 278.378. Certificate by clerk of governing body, planning commission or other authorized person or agency; clerk to present final map to county recorder for recording. |
NRS 278.380. Approval of final map: General requirements; acceptance of dedications; imposition and appeal of requirements for improvements and security. |
NRS 278.385. Approval of final map: Submission of plans to install water meters. |
NRS 278.390. Title to dedicated property passes when final map recorded; offer of dedication may remain open. |
NRS 278.450. Fee for recording final map. |
NRS 278.460. Requirements for recording final map; county recorder to provide copy of final map or access to digital final map to county assessor. |
Parcel Maps |
NRS 278.461. General requirements; exemptions. |
NRS 278.462. Requirements which may be imposed by governing body. |
NRS 278.4625. Minimum size of mobile home lot. |
NRS 278.463. Survey required; exception. |
NRS 278.466. Form and contents of parcel map; reference to parcel number and recording. |
NRS 278.468. Duties of preparer of parcel map upon approval; duties of county recorder. |
NRS 278.469. Map to indicate record of survey not in conflict with planning and zoning requirements. |
Division of Land Into Large Parcels |
NRS 278.471. Divisions of land subject to NRS 278.471 to 278.4725, inclusive; exemption. |
NRS 278.4713. Preparation, contents and filing of tentative map; affidavit required. |
NRS 278.4715. Waiver of requirement to file tentative map; designation of easements. |
NRS 278.472. Final map: Filing; form and contents. |
Amendment of Plats, Surveys and Maps |
NRS 278.477. Amendment of recorded plat, map or survey which changes location of survey monument, property line or boundary line: Procedures and requirements. |
Maintenance of Certain Improvements |
NRS 278.478. Definitions. |
NRS 278.4781. “Landscaping” defined. |
NRS 278.4783. “Public lighting” defined. |
NRS 278.4785. “Security wall” defined. |
NRS 278.4787. Assumption of maintenance by governing body. |
NRS 278.4789. Provision through association for common-interest community; notice of failure to maintain; hearings; remedies of governing body. |
Vacation or Abandonment of Streets, Easements or Maps; Reversion of Divided Land |
NRS 278.479. “Contiguous” defined. |
NRS 278.480. Vacation or abandonment of street or easement: Procedures, prerequisites and effect; appeal; reservation of certain easements; sale of vacated portion. |
NRS 278.490. Reversion of maps and reversion of division of land to acreage: Procedure and requirements; exemption from certain requirements. |
NRS 278.4925. Merger and resubdivision of land without reversion to acreage: Authority; procedure; delineation of remaining streets and easements; crediting of security. |
NRS 278.4955. Requirements for submitting map of reversion. |
NRS 278.496. Requirements for presenting map of reversion for recording. |
NRS 278.4965. Map of reversion must include certificate of approval from appropriate person. |
Parks and Playgrounds for Residential Developments |
NRS 278.497. Definitions. |
NRS 278.4971. “Apartment house” defined. |
NRS 278.4973. “Mobile home” defined. |
NRS 278.4975. “Mobile home lot” defined. |
NRS 278.4977. “Residential dwelling unit” defined. |
NRS 278.4979. Governing body may by ordinance require dedication of land for parks or playgrounds. |
NRS 278.498. Ordinance requiring dedication: Conformity to or adoption of plan for recreation. |
NRS 278.4981. Ordinance requiring dedication: Contents. |
NRS 278.4982. Land dedicated for park or playground: Compensation of developer for excess; plan for development; time limited for development. |
NRS 278.4983. Residential construction tax. |
NRS 278.4985. Applicability to planned unit developments. |
NRS 278.4987. Provisions for dedication and residential construction tax mutually exclusive; concurrent application prohibited. |
Deed Restrictions for Subdivisions in Unincorporated Areas of Certain Counties |
NRS 278.563. “Construction committee” and “deed restriction” defined. |
NRS 278.565. Deed restrictions: Copy to be filed with tentative map and with building official and presented to prospective purchaser; recording of original copy. |
NRS 278.566. Written report of construction committee required before building official may issue building permit; application for written report; exceptions. |
NRS 278.567. Procedure when construction committee inoperative. |
NRS 278.568. Applicability to preexisting subdivisions. |
Miscellaneous Provisions |
NRS 278.569. Reservation in map of right-of-way for existing irrigation ditch. |
NRS 278.5692. Approval of adjustments to boundary lines by governing body. |
NRS 278.5693. Requirements for adjustment of boundary line or transfer of land involving adjacent property. |
NRS 278.5695. County recorder required to indicate on copy of plot, plat, map or survey that subsequent changes should be examined. |
INSPECTION OF STRUCTURES AND ENFORCEMENT OF ZONING REGULATIONS |
NRS 278.570. Building official: Purpose; appointment; compensation; certification and continuing education; employees; expenditures. |
NRS 278.573. Statement of restrictions: Delivery to owner of residence who is issued permit for construction thereon; acknowledgment of receipt; text. |
NRS 278.575. Program to allow independent contractors to review plans for and inspect buildings. |
NRS 278.581. Adoption, enforcement and application of construction and energy codes in county whose population is 100,000 or more. |
NRS 278.582. Minimal standards for plumbing fixtures in certain structures. |
NRS 278.583. National Electrical Code: Applicability; approval; modification. |
NRS 278.585. Compliance with appropriate city or county building code. |
NRS 278.587. Duty of city or county building official to notify State Board of Professional Engineers and Land Surveyors concerning submission of incomplete or rejected plans. |
NRS 278.589. Duty of city or county building official to notify State Board of Architecture, Interior Design and Residential Design concerning submission of incomplete or rejected plans. |
UNLAWFUL ACTS AND PENALTIES |
NRS 278.590. Unlawful sale or transfer of divided land; penalties; remedies. |
NRS 278.600. Unlawful recording of map by recorder: Penalty. |
NRS 278.610. Unlawful to erect, construct, reconstruct, alter or change use of structure without building permit; requirements for obtaining permit. |
IMPOSITION OF PLANS AND ZONING REGULATIONS BY GOVERNOR |
NRS 278.640. Applicability of NRS 278.640 to 278.675, inclusive. |
NRS 278.645. Imposition by Governor of plans and zoning regulations in absence of local action; extension of time for local action. |
NRS 278.650. Requirements of plans and zoning regulations; enforcement; hearings. |
NRS 278.655. Purposes and goals of comprehensive physical planning. |
NRS 278.660. Notice to Governor of proposed building construction. |
NRS 278.665. Governor may contract for appropriate services. |
NRS 278.670. Duration of plans and zoning regulations imposed by Governor. |
NRS 278.675. Power of Governor to institute civil actions to remedy violations. |
TAX FOR IMPROVEMENT OF TRANSPORTATION |
NRS 278.710. Imposition of tax on privilege of development; special election; rate of tax; collection of tax; use of revenue; applicability of chapter 278B of NRS. |
SOUTHERN NEVADA ENTERPRISE COMMUNITY PROJECTS ACCOUNT |
NRS 278.750. Creation and administration; credit of interest and income; expenditure. |
1973 NEVADA TAHOE REGIONAL PLANNING AGENCY |
Findings and Declaration of Policy |
NRS 278.780. Legislative findings and declaration. |
General Provisions |
NRS 278.782. Definitions. |
NRS 278.784. “Agency” defined. |
NRS 278.786. “Governing body” defined. |
NRS 278.788. “Planning commission” defined. |
NRS 278.790. “Region” defined. |
NRS 278.791. “Restricted gaming license” defined. |
Organization |
NRS 278.796. Vacancies. |
NRS 278.798. Expenses of members and agency. |
NRS 278.800. Officers: Election; terms; vacancies. |
NRS 278.802. Meetings. |
NRS 278.804. Quorum; voting; rules of procedure. |
NRS 278.806. Office; records; budget. |
NRS 278.810. Executive Officer; staff; attorney. |
Planning |
Agency’s Powers |
NRS 278.8125. Permitted and conforming uses. |
NRS 278.8127. Exemption from and intendment of NRS 278.8125. |
NRS 278.814. Ordinances: Publication by title; copies transmitted to political subdivisions within region. |
NRS 278.816. Enforcement of ordinances, rules, regulations and policies; jurisdiction of courts. |
NRS 278.818. Violation of ordinance, rule or regulation: Penalty. |
NRS 278.822. Powers of local authorities subordinate to those of Agency. |
Unlawful Acts |
NRS 278.828. Unlawful contract or purchase by member of governing body; penalties. |
Note
NOTE: The section added to chapter 278 of NRS by section 3 of chapter 577, Statutes of Nevada 1993, has been codified as subsection 3 of NRS 393.110.