Revises provisions relating to real property. (BDR 20-1052)

A.B. 443

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ASSEMBLY BILL NO. 443–ASSEMBLYMEMBER GALLANT

MARCH 17, 2025
____________

Referred to Committee on Commerce and Labor

SUMMARY—Revises provisions relating to real property.
(BDR 20-1052)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

CONTAINS UNFUNDED MANDATE (§§ 9-14)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to real property; prohibiting the governing body of
a county or city from enacting an ordinance or measure
imposing rent control; eliminating the power of such a
governing body to regulate pla nning and zoning as a
matter of local concern; requiring such a governing body
to allow certain types of housing in any residential area;
requiring, under certain circumstances, the governing
body of each county or city to authorize the owner of a
single-family residential property to add an accessory
dwelling unit; requiring, under certain circumstances, the
governing body of each county or city to establish an
expedited process for the by -right development of
residential housing; prohibiting such a governing body
from imposing certain restrictions on the zoning or
development of housing; revising provisions relating to
factory-built housing and tiny houses; requiring the
Administrator of the Housing Division of the Department
of Business and Industry to cr eate a housing task force;
making various other changes relating to planning and
zoning; and providing other matters properly relating
thereto.

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Legislative Counsel’s Digest:
Existing law authorizes a board of county commissioners or a governing body 1
of an incorporated city, with certain exceptions, to exercise all powers necessary or 2
proper to address matters of local concern for the effective operation of county or 3
city government, as applicable, whether or not the powers are expressly granted to 4
the boa rd or governing body. (NRS 244.146, 268.0035) Existing law defines 5
“matter of local concern” to include planning, zoning, development and 6
redevelopment. (NRS 244.143, 268.003) Sections 2 and 6 of this bill eliminate 7
planning, zoning, development and redevelopment from the definition of “matter of 8
local concern.” As a result, the board of county commissioners or the governing 9
body of a city w ill not have authority to regulate planning, zoning, development 10
and redevelopment as a matter of local concern. 11
Sections 1 and 5 of this bill prohibit a board of county commissioners or the 12
governing body of an incorporated city from enacting any ordinance or measure 13
that imposes rent control. 14
Existing law s ets forth certain powers and duties of governing bodies of cities 15
and counties relating to planning and zoning. (Chapter 278 of NRS) Sections 9-14 16
of this bill impose certain restrictions on those powers and duties. Section 9 17
requires notwithstanding any health, safety, building or fire code adopted by the 18
governing body, each governing body of a city or county to, by ordinance, 19
authorize: (1) single-staircase apartment buildings of not more than five stories; and 20
(2) single-room occupancy housing. 21
Section 10: (1) prohibits a governing body of a city or county from adopting an 22
ordinance that prohibits multi-family housing or mixed -use development in any 23
area zoned for commercial use; and (2) requires a governing body to authorize by 24
ordinance the conversion of any commercial building into multi-family housing. 25
Section 11 requires a governing body of a city or county to authorize, in any 26
area that is zoned for residential use, the development of multi-family housing. 27
Section 12 prohibits the governing body of a city or county from imposing any 28
of the following restrictions on the zoning or development of residential housing: 29
(1) minimum parking requiremen ts; (2) height restrictions; (3) minimum lot size; 30
(4) setback requirements; and (5) limitations on square footage. Section 12 also 31
prohibits a governing body from limiting residential or commercial development by 32
creating any urban growth boundary. 33
Section 13 requires each governing body of a county and e ach governing body 34
of a city to adopt an ordinance to authorize, under certain circumstances, the owner 35
of a single -family residential property to add an accessory dwelling unit to the 36
single family-residential property. 37
Section 14 requires each governing body of a county and each governing body 38
of a city to establish an expedited process for the by -right development of 39
residential housing, including multi -family housing. The expedited process must 40
provide that any proposed project for the development of residential housing will 41
be approved by the county or city, as applicable, without any discretionary review 42
or discretionary approval if the proposed projec t is consistent with all applicable 43
zoning ordinances, building codes, housing codes and other applicable ordinances 44
and codes. 45
Section 18 of this bill eliminates the authority for a governing body to prohibit 46
factory-built housing in a specified area if the area contains a building, structure or 47
other object having a special character or special historical interest or value. 48
(NRS 278.0209) 49
Existing law re quires the governing body of a county whose population is 50
100,000 or more (currently only Clark and Washoe Counties) or the governing 51
body of a city whose population is 150,000 or more (currently the cities of 52
Henderson, Las Vegas, North Las Vegas and Reno ) to regulate tiny houses, 53
including: (1) designating at least one zoning district in which a tiny house may be 54

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located and classified as an accessory dwelling unit; (2) designating at least one 55
zoning district in which a tiny house may be located and clas sified as a single -56
family residential unit; and (3) designating at least one zoning district in which a 57
tiny house may be located in a tiny house park. (NRS 278.253) Section 23 of this 58
bill provides instead that in an ordinance relating to the zoning of land adopted or 59
amended by such a governing body the definition of “single-family residence” must 60
include tiny houses. Section 23 applies to all counties and cities regardless of 61
population. 62
Section 24 of this bill makes a conforming change relating to the limitation of 63
the authority of the governing body of a city or county to restrict minimum lot size. 64
Subject to certain limitations, existing law authorizes the governing body of a 65
county or city to: (1) regulate all matters relating to the construction, maintenance 66
and safety of buildings, structures and property within the county; and (2) adopt 67
any necessary building, electrical, housing, plumbing or safety code. (NRS 68
244.3675, 268.413) Sections 4 and 7 of this bill provide that such authority is also 69
subject to the limitations set forth in sections 9-14. 70
Existing law authorizes and empowers the governing bodies of cities and 71
counties to regulate and restrict the improvement of land and to control the location 72
and soundness of structures. (NRS 278.020) Section 15 of this bill provides that 73
such restrictions, regulations and control must comply with any restriction on the 74
powers of cities and counties set forth in certain provisions of law. 75
Existing law sets forth the requirements for a master plan, which may be made 76
the basis for the physical development of a city or county, as applicable. (NRS 77
278.160) Section 21 of this bill provides that the provisions of sections 9-14 are an 78
exception to this authority. 79
Existing law requires, under certain circumstances, that in a county whose 80
population is 100,000 or more but less than 700,000 (currently only Washoe 81
County) any provision of the master plan governs any action taken in regard to an 82
application for development. (NRS 278.0284) Section 20 of this bill provides 83
instead that any provision of the master plan that is not consistent with the 84
provisions of sections 9-14 does not govern any action taken in regard to an 85
application for development. 86
Existing law authorizes the governing body of a city or county to divide the 87
city, county or region into zoning districts of s uch number, shape and area as are 88
best suited to carry out provisions of law relating to planning and zoning. Within 89
the zoning district, the governing body may regulate and restrict the erection, 90
construction, reconstruction, alteration, repair or use of buildings, structures or 91
land. (NRS 278.250) Section 22 of this bill provides exceptions to the powers and 92
duties to account for the limitations on the plann ing and zoning powers set forth 93
sections 9-14. 94
Sections 26-60 of this bill make changes to each existing city charter to account 95
for the limitations set forth in sections 7 and 9-14 on the power of the governing 96
body of a city to adopt certain building codes and regulate planning and zoning. 97
Section 61 of this bill requires the Administrator of the Housing Division of the 98
Department of Business and Industry to appoint a task force to study issues relating 99
to housing during the 2025-2026 interim. 100
Section 62 of this bill voids any ordinance, regulation, building code, housing 101
code or fire code enacted or adopted by a county or city before, on or after 102
October 1, 2025, which conflicts with the provisions of this bill. 103

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 244 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
A board of county commissioners shall not enact any 3
ordinance or measure that imposes rent control. 4
Sec. 2. NRS 244.143 is hereby amended to read as follows: 5
244.143 1. “Matter of local concern” means any matter that: 6
(a) Primarily affects or impacts areas located in the county, or 7
persons who reside, work, visit or are otherwise present in areas 8
located in the county, and does not have a significant effect or 9
impact on areas located in other counties; 10
(b) Is not within the exclusive jurisdiction of another 11
governmental entity; and 12
(c) Does not concern: 13
(1) A state interest that requires statewide uniformity of 14
regulation; 15
(2) The regulation of business activities that are subject to 16
substantial regulation by a federal or state agency; or 17
(3) Any other federal or state interest that is committed by 18
the Constitution, statutes or regulat ions of the United States or this 19
State to federal or state regulation that preempts local regulation. 20
2. The term includes, without limitation, any of the following 21
matters of local concern: 22
(a) Public health, safety and welfare in the county. 23
(b) [Planning, zoning, development and redevelopment in the 24
county. 25
(c)] Nuisances and graffiti in the county. 26
[(d)] (c) Outdoor assemblies in the county. 27
[(e)] (d) Contracts and purchasing by county government. 28
[(f)] (e) Operation, management and control o f county jails and 29
prisoners by county government. 30
[(g)] (f) Any public property, buildings, lands, utilities and 31
other public works owned, leased, operated, managed or controlled 32
by county government, including, without limitation: 33
(1) Roads, highways and bridges. 34
(2) Parks, recreational centers, cultural centers, libraries and 35
museums. 36
3. The provisions of subsection 2: 37
(a) Are intended to be illustrative; 38
(b) Are not intended to be exhaustive or exclusive; and 39
(c) Must not be interpreted as either limiting or expanding the 40
meaning of the term “matter of local concern” as provided in 41
subsection 1. 42

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Sec. 3. NRS 244.3603 is hereby amended to read as follows: 1
244.3603 1. Each board of county commissioners may, b y 2
ordinance, to protect the public health, safety and welfare of the 3
residents of the county, adopt procedures pursuant to which the 4
district attorney may file an action in a court of competent 5
jurisdiction to: 6
(a) Seek the abatement of a chronic nuisance that is located or 7
occurring within the unincorporated area of the county; 8
(b) If applicable, seek the closure of the property where the 9
chronic nuisance is located or occurring; and 10
(c) If applicable, seek penalties against the owner of the property 11
within the unincorporated area of the county and any other 12
appropriate relief. 13
2. An ordinance adopted pursuant to subsection 1 must: 14
(a) Contain procedures pursuant to which the owner of the 15
property is: 16
(1) Sent a notice, by certified mail, return rec eipt requested, 17
by the sheriff or other person authorized to issue a citation of the 18
existence on the owner’s property of nuisance activities and the date 19
by which the owner must abate the condition to prevent the matter 20
from being submitted to the district attorney for legal action. 21
(2) If the chronic nuisance is not an immediate danger to the 22
public health, safety or welfare and was caused by the criminal 23
activity of a person other than the owner, afforded a minimum of 30 24
days to abate the chronic nuisance. 25
(3) Afforded an opportunity for a hearing before a court of 26
competent jurisdiction. 27
(b) Provide that the date specified in the notice by which the 28
owner must abate the condition is tolled for the period during which 29
the owner requests a hearing and receives a decision. 30
(c) Provide the manner in which the county will recover money 31
expended to abate the condition on the property if the owner fails to 32
abate the condition. 33
3. If the court finds that a chronic nuisance exists and action is 34
necessary to avoid serious threat to the public welfare or the safety 35
or health of the occupants of the property, the court may order the 36
county to secure and close the property until the nuisance is abated 37
and may: 38
(a) Impose a civil penalty: 39
(1) If the property is nonresidential property, of not more 40
than $750 per day; or 41
(2) If the property is residential property, of not more than 42
$500 per day, 43

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 for each day that the condition was not abated after the date 1
specified in the notice by which the owner was required to abate the 2
condition; 3
(b) Order the owner to pay the county for the cost incurred by 4
the county in abating the condition; and 5
(c) Order any other appropriate relief. 6
4. In addition to any other reasonable means authorized by the 7
court for the recovery of money expended by the county to abate the 8
chronic nuisance and, except as otherwise provided in subsection 5, 9
for the collection of civil penalties imposed pursuant to subsection 10
3, the board or its designee may make the expense and civil 11
penalties a special assessment against the property upon which the 12
chronic nuisance is located or occurring. The special assessment 13
may be collected pursuant to the provisions set forth in subsection 4 14
of NRS 244.360. 15
5. Any civil penalties that have not been collected from the 16
owner of the property may not be made a special assessment against 17
the property pursuant to subsection 4 by the board or its designee 18
unless: 19
(a) At least 180 days have elapsed after the date specified in the 20
order of the court by which the owner must abate the chronic 21
nuisance or, if the owner appeals that order, the date specified in the 22
order of the appellate court by which the owner must abate the 23
chronic nuisance, whichever is later; 24
(b) The owner has been billed, served or otherwise notified that 25
the civil penalties are due; and 26
(c) The amount of the uncollected civil penalties is more than 27
$5,000. 28
6. If a designee of the board imposes a special assessment 29
pursuant to subsection 4, the designee shall submit a written report 30
to the board at least once each calendar quarter that sets forth, for 31
each property against which such an assessment has been imposed: 32
(a) The str eet address or assessor’s parcel number of the 33
property; 34
(b) The name of each owner of record of the property as of the 35
date of the assessment; and 36
(c) The total amount of the assessment, stating the amount 37
assessed for the expense of abatement and any a mount assessed for 38
civil penalties. 39
7. As used in this section: 40
(a) A “chronic nuisance” exists: 41
(1) When three or more nuisance activities exist or have 42
occurred during any 90-day period on the property. 43

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(2) When a person associated with the proper ty has engaged 1
in three or more nuisance activities during any 90 -day period on the 2
property or within 100 feet of the property. 3
(3) When the property has been the subject of a search 4
warrant based on probable cause of continuous or repeated 5
violations of chapter 459 of NRS. 6
(4) When a building or place is used for the purpose of 7
unlawfully selling, serving, storing, keeping, manufacturing, using 8
or giving away a controlled substance, immediate precursor or 9
controlled substance analog. 10
(5) When a buil ding or place was used for the purpose of 11
unlawfully manufacturing a controlled substance, immediate 12
precursor or controlled substance analog and: 13
(I) The building or place has not been deemed safe for 14
habitation by a governmental entity; or 15
(II) All materials or substances involving the controlled 16
substance, immediate precursor or controlled substance analog have 17
not been removed from or remediated on the building or place by an 18
entity certified or licensed to do so within 180 days after the 19
building or place is no longer used for the purpose of unlawfully 20
manufacturing a controlled substance, immediate precursor or 21
controlled substance analog. 22
(b) “Commercial real estate” has the meaning ascribed to it in 23
NRS 645.8711. 24
(c) “Controlled substance analog” has the meaning ascribed to it 25
in NRS 453.043. 26
(d) “Immediate precursor” has the meaning ascribed to it in 27
NRS 453.086. 28
(e) “Nuisance activity” means: 29
(1) Criminal activity; 30
(2) The presence of debris, litter, garbage, rubble, abandoned 31
or junk vehicles or junk appliances; 32
(3) Violations of building codes, housing codes or any other 33
codes regulating the health or safety of occupants of real property; 34
(4) Excessive noise and violations of curfew; or 35
(5) Any other activity, behavior or conduct defined by the 36
board to constitute a public nuisance. 37
(f) “Person associated with the property” means: 38
(1) The owner of the property; 39
(2) The manager or assistant manager of the property; 40
(3) The tenant of the property; or 41
(4) A person who, on the occasion of a nuisance activity, has: 42
(I) Entered, patronized or visited; 43
(II) Attempted to enter, patronize or visit; or 44

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(III) Waited to enter, patronize or visit, 1
 the property or a person present on the property. 2
(g) “Residential property” means: 3
(1) Improved real estate that consists of not more than four 4
residential units; 5
(2) Unimproved real estate for which not more than four 6
residential units may be developed or constructed pursuant to [any 7
zoning regulations or ] any development plan applicable to the real 8
estate; or 9
(3) A single -family residential unit, including, without 10
limitation, a condominium, townhouse or home within a 11
subdivision, if the unit is sold, leased or otherwise conveyed unit by 12
unit, regardless of wheth er the unit is part of a larger building or 13
parcel that consists of more than four units. 14
 The term does not include commercial real estate. 15
Sec. 4. NRS 244.3675 is hereby amended to read as follows: 16
244.3675 Subject to the limitations set forth in NRS 244.368, 17
278.02315, 278.580, 278.582, 278.584, 278.5846, 278.586, 444.340 18
to 444.430, inclusive, and 477.030, and sections 9 to 14, inclusive, 19
of this act, the boards of county commissioners within their 20
respective counties may: 21
1. Regulate all matters relating to the construction, 22
maintenance and safety of buildings, structures and property within 23
the county. 24
2. Adopt any building, electrical, housing, plumbing or safety 25
code necessary to carry out the provisions of this section and 26
establish such fees as may be necessary. Except as otherwise 27
provided in NRS 278.580, these fees do not apply to the State of 28
Nevada or the Nevada System of Higher Education. 29
Sec. 5. Chapter 268 of NRS is hereby amended by adding 30
thereto a new section to read as follows: 31
The governing body of an incorporated city shall not enact any 32
ordinance or measure that imposes rent control. 33
Sec. 6. NRS 268.003 is hereby amended to read as follows: 34
268.003 1. “Matter of local concern” means any matter that: 35
(a) Primarily affects or impacts areas located in the incorporated 36
city, or persons who reside, work, visit or are otherwise present in 37
areas located in the city, and does not have a significant effect or 38
impact on areas located in other cities or counties; 39
(b) Is not within the exclusive jurisdiction of another 40
governmental entity; and 41
(c) Does not concern: 42
(1) A state interest that requires statewide uniformity of 43
regulation; 44

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(2) The regulation of business activities that are subject to 1
substantial regulation by a federal or state agency; or 2
(3) Any other federal or state interest that is committed by 3
the Constitution, statutes or regulations of the United States or this 4
State to federal or state regulation that preempts local regulation. 5
2. The term includes, without limitation, any of the following 6
matters of local concern: 7
(a) Public health, safety and welfare in the city. 8
(b) [Planning, zoning, development and redevelopment in the 9
city. 10
(c)] Nuisances and graffiti in the city. 11
[(d)] (c) Outdoor assemblies in the city. 12
[(e)] (d) Contracts and purchasing by city government. 13
[(f)] (e) Operation, management and control of city jails and 14
prisoners by city government. 15
[(g)] (f) Any public property, buildings, lands, utilities and 16
other public works owned, leased, operated, managed or controlled 17
by city government, including, without limitation: 18
(1) Roads, highways and bridges. 19
(2) Parks, recreational centers, cultural centers, libraries and 20
museums. 21
3. The provisions of subsection 2: 22
(a) Are intended to be illustrative; 23
(b) Are not intended to be exhaustive or exclusive; and 24
(c) Must not be interpreted as either limiting or expanding the 25
meaning of the term “matter of local concern” as provided in 26
subsection 1. 27
Sec. 7. NRS 268.413 is hereby amended to read as follows: 28
268.413 Subject to the limitations contained in NRS 244.368, 29
278.02315, 278.580, 278.582, 278.584, 278.5846, 278.586, 444.340 30
to 444.430, inclusive, and 477.030, and sections 9 to 14, inclusive, 31
of this act, the city council or other governing body of an 32
incorporated city may: 33
1. Regulate all matters relating to the construction, 34
maintenance and safety of buildings, structures and property within 35
the city. 36
2. Adopt any building, electrical, plumbing or safety code 37
necessary to carry out the provisions of this section and establish 38
such fees as may be necessary. Exce pt as otherwise provided in 39
NRS 278.580, those fees do not apply to the State of Nevada or the 40
Nevada System of Higher Education. 41

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Sec. 8. Chapter 278 of NRS is hereby amended by adding 1
thereto the provisions set forth as se ctions 9 to 14, inclusive, of this 2
act. 3
Sec. 9. 1. Notwithstanding any health, safety, building or 4
fire code adopted by a governing body, each governing body shall 5
by ordinance authorize: 6
(a) Single-staircase apartment buildings of not more than five 7
stories; and 8
(b) Single-room occupancy housing. 9
2. As used in this section: 10
(a) “Single-room occupancy housing” means housing where 11
one person lives in a single room or apartment. The term includes, 12
without limitation, a boarding house or rooming house where 13
residents share communal kitchen or bathroom facilities. 14
(b) “Single-staircase apartment building” means a building 15
with one staircase on each floor of the building for purposes of 16
egress, regardless of the number of floors contained in the 17
building. 18
Sec. 10. 1. A governing body shall not adopt an ordinance 19
that prohibits multi -family housing or mixed -use development in 20
any area zoned for commercial use. 21
2. A governing body shall authorize by ordinance the 22
conversion of any commercial building into mul ti-family housing, 23
including, without limitation, apartments and buildings of 24
duplexes, triplexes and fourplexes. 25
Sec. 11. A governing body shall, in any area that is zoned for 26
residential use, authorize the development of multi-family 27
housing, including, without limitation, apartments and buildings 28
of duplexes, triplexes and fourplexes. 29
Sec. 12. 1. A governing body shall not impose any of the 30
following restrictions on the zoning or development of residential 31
housing: 32
(a) Minimum parking requirements. 33
(b) Height restrictions. 34
(c) Minimum lot size. 35
(d) Setback requirements. 36
(e) Limitations on square footage of the residential housing. 37
2. In addition to the restrictions set forth in subsection 1, a 38
governing body shall not limit residential or commercial 39
development by creating any urban growth boundary. 40
Sec. 13. 1. Each governing body of a county and each 41
governing body of a city shall adopt an o rdinance to authorize the 42
owner of a single -family residential property to add an accessory 43
dwelling unit to the single-family residential property. 44
2. An ordinance adopted pursuant to subsection 1 must: 45

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(a) Require the owner of the single -family residential property 1
to: 2
(1) Reside in the single -family residence or accessory 3
dwelling unit that is located on the single -family residential 4
property; and 5
(2) Otherwise use the single -family residence or accessory 6
dwelling unit in which the owner does not reside only for family 7
members or other persons with whom the owner has a personal or 8
employment relationship; 9
(b) Require that the accessory dwelling unit match the exterior 10
design, roof pitch and finishing materials of the single -family 11
residence; 12
(c) Prohibit the owner of the single-family residential property 13
from renting the accessory dwelling unit as transient lodging or 14
other short-term housing for a duration of less than 90 days; and 15
(d) Require any necessary improvement or repair to a public 16
street that is disturbed during the construction of the accessory 17
dwelling unit. 18
3. Nothing in this section shall be construed as authorizing: 19
(a) An accessory dwelling unit on any single-family residential 20
property on which there is a restrictive coven ant that prohibits the 21
addition of an accessory dwelling unit on the single -family 22
residential property; or 23
(b) The governing body to require a restrictive covenant on a 24
single-family residential property that adds an accessory dwelling 25
unit pursuant to the ordinance adopted pursuant to subsection 1. 26
4. As used in this section, “accessory dwelling unit” means a 27
self-contained living unit that: 28
(a) Is located on the same parcel as a single -family residence 29
of greater square footage; 30
(b) Has separate co oking, sleeping and sanitation facilities 31
from the single-family residence; and 32
(c) Complies with any applicable building code, housing code 33
or other code regulating the health or safety of occupants of 34
residential property. 35
Sec. 14. 1. The governing body of each county and the 36
governing body of each city shall establish an expedited process 37
for the by -right development of residential housing, including, 38
without limitation, multi-family housing. 39
2. The expedited process established pursuant to subsection 1 40
must, without limitation, provide that any proposed project for the 41
development of residential housing will be approved by the county 42
or city, as applicable, without any discretionary review or 43
discretionary approval if the proposed project is consistent with all 44
applicable zoning laws, building codes, housing codes and any 45

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other applicable ordinance s and codes regulating the health or 1
safety of occupants of real property. 2
3. A final decision relating to an application for a proposed 3
project for the development of residential housing that is 4
submitted pursuant to the expedited process established pursuant 5
to subsection 1 must be made within 60 days after the receipt of a 6
completed application or the application shall be deemed 7
approved. If an application is denied, the denial must set forth the 8
specific reasons why the application was denied. 9
4. Only an owner of real property that is physically adjacent 10
to a proposed project for the development of residential housing or 11
the applicant for a proposed project may appeal a final decision 12
relating to an application for the proposed project. Any party who 13
challenges the approval of the application must demonstrate by 14
clear and convi ncing evidence that the proposed project is not 15
consistent with all applicable zoning laws, building codes, housing 16
codes and any other ordinance or code regulating the health or 17
safety of occupants of real property. If the applicant for a 18
proposed project prevails in an action brought by an owner of 19
property that is physically adjacent to the proposed project, the 20
district court shall award to the applicant attorney’s fees and costs. 21
Sec. 15. NRS 278.020 is hereby amended to read as follows: 22
278.020 1. For the purpose of promoting health, safety, 23
morals, or the general welfare of the community, the governing 24
bodies of cities and counties are authorized and empowered to 25
regulate and restrict the improvement of land and to control the 26
location and soundness of structures. 27
2. Any such regulation, restriction and control must [take] : 28
(a) Comply with any restriction on the power of the governing 29
bodies of cities and counties, as set forth in this chapter and 30
chapters 244 and 268 of NRS, as applicable; and 31
(b) Take into account: 32
[(a)] (1) The potential impairment of natural resources and the 33
total population which the available natural resources will support 34
without unreasonable impairment; and 35
[(b)] (2) The availability of and need for affordable housing in 36
the community, including affordable housing that is accessible to 37
persons with disabilities. 38
Sec. 16. NRS 278.0201 is hereby amended to read as follows: 39
278.0201 1. In the manner pr escribed by ordinance, a 40
governing body may, upon application of any person having a legal 41
or equitable interest in land, enter into an agreement with that 42
person concerning the development of that land. 43
2. An agreement entered into pursuant to this section: 44
(a) Must contain provisions: 45

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(1) Describing the land which is the subject of the 1
agreement; 2
(2) Specifying the duration of the agreement; 3
(3) Specifying what events will constitute breach of the 4
agreement; and 5
(4) Providing periods during which any breach may be cured; 6
and 7
(b) May contain provisions specifying or relating to: 8
(1) [The] Except as otherwise provided in section s 9 to 14, 9
inclusive, of this act, the permitted uses of the land; 10
(2) The density or intensity of the use of the land; 11
(3) [The] Except as otherwise provided in sections 9 to 14, 12
inclusive, of this act, the maximum height and size of any proposed 13
buildings; 14
(4) The reservation or dedication of any portion of the land 15
for public use or for the payment of fees in lieu thereof; 16
(5) The protection of environmentally sensitive lands; 17
(6) The preservation and restoration of historic structures; 18
(7) The phasing or timing of construction or development on 19
the land, including, without limitation, the dates on which all or any 20
part of the construction or development must commence and be 21
completed, and the terms on which any deadline may be extended; 22
(8) The conditions, terms, restrictions and requirements for 23
infrastructure on the land and the financing of the public 24
infrastructure by a person having a legal or equitable interest in the 25
land; 26
(9) The condition s, terms, restrictions and requirements for 27
annexation of land by the city or county and the phasing or timing of 28
annexation by the city or county; 29
(10) The conditions, terms, restrictions and requirements 30
relating to the intent of the governing body to include the land in an 31
improvement district created pursuant to chapter 271 of NRS; 32
(11) A schedule of fees and charges; and 33
(12) Any other matters relating to the development of the 34
land. 35
3. Unless the agreement otherwise provides and except as 36
otherwise provided in subsection 4, the ordinances, resolutions or 37
regulations applicable to that land and governing the permitted uses 38
of that land, density and standards for design, improvements and 39
construction are those in effect at the time the agreement is made. 40
4. This section does not prohibit the governing body from 41
adopting new ordinances, resolutions or regulations applicable to 42
that land which do not conflict with those ordinances, resolutions 43
and regulations in effect at the time the agreement is made, except 44
that any subsequent action by the governing body must not prevent 45

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the development of the land as set forth in the agreement. The 1
governing body is not prohibited from denying or conditionally 2
approving any other plan for development pursuant to any 3
ordinance, resolution or regulation in effect at the time of that denial 4
or approval. 5
Sec. 17. NRS 278.02073 is hereby amended to read as 6
follows: 7
278.02073 1. A director of planning or a governing body 8
may extend the period for which a building permit for a residential 9
or commercial project is valid if the person to whom the permit has 10
been issued: 11
(a) Applies for an extension before July 1, 2013, subject to any 12
applicable ordinances or regulations adopted by the governing body; 13
(b) Demonstrates to the satisfaction of the director of planning 14
or governing body that: 15
(1) Financing for the residential or commercial project is not 16
available; and 17
(2) The land will be leased for a renewable energy generation 18
project; and 19
(c) Submits with his or her application for an extension an 20
affidavit showing that due diligence has been used to obtain 21
financing for the residential or commercial project. The affidavit 22
must include, without limitation, evidence that: 23
(1) The project was denied financing by at least two lenders; 24
or 25
(2) The person was unable to issue bonds or other securities 26
to finance the project. 27
2. A building permit that is extended pursuant to subsection 1 28
must not be effective: 29
(a) For more than 15 y ears after the original expiration date of 30
the building permit; or 31
(b) If the land ceases to be leased for a renewable energy 32
generation project, after the period established by the director of 33
planning or governing body pursuant to subsection 3. 34
3. If a director of planning or governing body extends the 35
period for which a building permit is valid pursuant to subsection 1, 36
the director of planning or governing body shall establish the 37
maximum duration of the period for which the permit will remain 38
valid if the land is no longer leased for a renewable energy 39
generation project. 40
4. If a director of planning or governing body extends the 41
period for which a building permit is valid pursuant to subsection 1: 42
(a) [No] Except as otherwise provided in section s 9 to 14, 43
inclusive, of this act, no condition may be placed on the permit that 44
was not imposed on the original permit; and 45

– 15 –

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(b) Except as otherwise provided in subsection 5 [,] and 1
sections 9 to 14, inclusive, of this act, the ordinances, resolutions or 2
regulations applicable to the land a nd governing the permitted uses 3
of the land , density and standards for design, improvements and 4
construction are those in effect at the time the building permit is 5
issued. 6
5. [Changes] Except as otherwise provided in sections 9 to 14, 7
inclusive, of this act, changes to ordinances, resolutions or 8
regulations that enforce environmental, life or safety standards 9
against parcels of land that the director of planning or governing 10
body determines are similar to the land for which the building 11
permit was issued will apply to the parcel of land for which the 12
permit was issued. 13
6. As used in this section, “environmental, life or safety 14
standards” includes, without limitation: 15
(a) Standards and codes relating to the usage of water; and 16
(b) Any specialized or uniform code related to environmental, 17
life or safety standards. 18
Sec. 18. NRS 278.0209 is hereby amended to read as follows: 19
278.0209 1. In any ordinance relating to the zoning of land 20
adopted or amended by a governing body, the definition of “single -21
family residence” must include factory-built housing that has been 22
built in compliance with the standards for single -family residential 23
dwellings of the Uniform Building Code most recently adopted by 24
the International Conference of Building Officials. 25
2. An ordinance of the go verning body may require factory -26
built housing to comply with standards for safety which exceed the 27
standards prescribed in subsection 1 if a single -family residential 28
dwelling on the same lot is also required to comply with those 29
standards. 30
3. The governing body shall adopt the same standards for 31
development for the factory -built housing and the lot on which it is 32
placed as those to which a conventional single -family residential 33
dwelling on the same lot would be subject, including, but not 34
limited to: 35
(a) Requirements for the setback of buildings. 36
(b) Side and rear-yard requirements. 37
(c) Standards for enclosures, access and the parking of vehicles. 38
(d) Aesthetic requirements. 39
(e) Requirements for minimum square footage. 40
(f) Requirements for design, style and structure. 41
4. The governing body may prohibit the installation of factory -42
built housing in a specified area if [: 43
(a) More] more than 6 years have elapsed between the date of 44
manufacture of factory-built housing and the date of the app lication 45

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- *AB443*
for the issuance of a permit to install factory -built housing in the 1
affected area . [; or 2
(b) The area contains a building, structure or other object having 3
a special character or special historical interest or value.] 4
5. As used in this secti on, “factory -built housing” has the 5
meaning ascribed to it in NRS 461.080. 6
6. The provisions of this section do not abrogate a recorded 7
restrictive covenant. 8
Sec. 19. NRS 278.0274 is hereby amended to read as follows: 9
278.0274 [The] Except as otherwise provided in section s 9 to 10
14, inclusive , of this act, the comprehensive regional plan must 11
include goals, policies, maps and other documents relating to: 12
1. Population, including a projection of population growth in 13
the region and the resources that will be necessary to support that 14
population. 15
2. Conservation, including policies relating to the use and 16
protection of air, land, water and other natural resources, ambient air 17
quality, natural recharge areas, floodplains and wetlands, and a map 18
showing the areas that are b est suited for development based on 19
those policies. 20
3. The limitation of the premature expansion of development 21
into undeveloped areas, preservation of neighborhoods and 22
revitalization of urban areas, including, without limitation, policies 23
that relate t o the interspersion of new housing and businesses in 24
established neighborhoods and set forth principles by which growth 25
will be directed to older urban areas. 26
4. Land use and transportation, including the classification of 27
future land uses by density or intensity of development based upon 28
the projected necessity and availability of public facilities, 29
including, without limitation, schools, and services and natural 30
resources, and the compatibility of development in one area with 31
that of other areas in the region. This portion of the plan must: 32
(a) Address, if applicable: 33
(1) Mixed-use development, transit -oriented development, 34
master-planned communities and gaming enterprise districts; and 35
(2) The coordination and compatibility of land uses with 36
each m ilitary installation in the region, taking into account the 37
location, purpose and stated mission of the military installation; 38
(b) Allow for a variety of uses; 39
(c) Describe the transportation facilities that will be necessary to 40
satisfy the requirements created by those future uses; and 41
(d) Be based upon the policies and map relating to conservation 42
that are developed pursuant to subsection 2, surveys, studies and 43
data relating to the area, the amount of land required to 44
accommodate planned growth, the p opulation of the area projected 45

– 17 –

- *AB443*
pursuant to subsection 1, and the characteristics of undeveloped land 1
in the area. 2
5. Public facilities and services, including provisions relating to 3
sanitary sewer facilities, solid waste, flood control, potable water 4
and groundwater aquifer recharge which are correlated with 5
principles and guidelines for future land uses, and which specify 6
ways to satisfy the requirements created by those future uses. This 7
portion of the plan must: 8
(a) Describe the problems and needs of the area relating to 9
public facilities and services and the general facilities that will be 10
required for their solution and satisfaction; 11
(b) Identify the providers of public services within the region 12
and the area within which each must serve, including service 13
territories set by the Public Utilities Commission of Nevada for 14
public utilities; 15
(c) Establish the time within which those public facilities and 16
services necessary to support the development relating to land use 17
and transportation must be made available to satisfy the 18
requirements created by that development; and 19
(d) Contain a summary prepared by the regional planning 20
commission regarding the plans for capital improvements that: 21
(1) Are required to be prepared by each local government in 22
the region pursuant to NRS 278.0226; and 23
(2) May be prepared by the water planning commission of 24
the county, the regional transportation commission and the county 25
school district. 26
6. Annexation, including the identification of spheres of 27
influence for each unit of local government, improvement district or 28
other service district and specifying standards and policies for 29
changing the boundaries of a sphere of influence and procedures for 30
the review of development within each sphere of influence. As used 31
in this subsection, “sphere of influence” means an area into which a 32
political subdivision may expand in the foreseeable future. 33
7. Intergovernmental coordination, including the establishment 34
of guidelines for determining whether local master plans and 35
facilities plans conform with the comprehensive regional plan. 36
8. Any utility project required to be reported pursuant to 37
NRS 278.145. 38
Sec. 20. NRS 278.0284 is hereby amended to read as follows: 39
278.0284 [Any] 40
1. Except as otherwise provided in this section and sections 9 41
to 14, inclusive, of this act, any action of a local government 42
relating to development, zoning, t he subdivision of land or capital 43
improvements must conform to the master plan of the local 44
government. [In] Except as otherwise provided in this section, in 45

– 18 –

- *AB443*
adopting any ordinance or regulation relating to development, 1
zoning, the subdivision of land or c apital improvements, the local 2
government shall make a specific finding that the ordinance 3
conforms to the master plan. [Within] Except as otherwise provided 4
in this section, within 1 year after its adoption of any portion of a 5
master plan, the local gover nment shall review and, if necessary, 6
amend its existing ordinances to ensure their conformity with the 7
provisions of the master plan. [If] Except as otherwise provided in 8
this section, if any provision of the master plan is inconsistent with 9
any regulatio n relating to land development, the provision of the 10
master plan governs any action taken in regard to an application for 11
development. 12
2. Any provision of the master plan that is not consistent with 13
the provisions of sections 9 to 14, inclusive, of this act, does not 14
govern any action taken in regard to an application for 15
development. 16
Sec. 21. NRS 278.160 is hereby amended to read as follows: 17
278.160 1. Except as otherwise provided in this section and 18
NRS 278.150 and 278.170, the master plan, with the accompanying 19
charts, drawings, diagrams, schedules and reports, may include such 20
of the following elements or portions thereof as are appropriate t o 21
the city, county or region, and , except as otherwise provided in 22
sections 9 to 14, inclusive, of this act, as may be made the basis for 23
the physical development thereof: 24
(a) A conservation element, which must include: 25
(1) A conservation plan for the conservation, development 26
and utilization of natural resources, including, without limitation, 27
water and its hydraulic force, underground water, water supply, 28
solar or wind energy, forests, soils, rivers and other waters, harbors, 29
fisheries, wildlife, minerals and other natural resour ces. The 30
conservation plan must also cover the reclamation of land and 31
waters, flood control, prevention and control of the pollution of 32
streams and other waters, regulation of the use of land in stream 33
channels and other areas required for the accomplishm ent of the 34
conservation plan, prevention, control and correction of the erosion 35
of soils through proper clearing, grading and landscaping, beaches 36
and shores, and protection of watersheds. The conservation plan 37
must also indicate the maximum tolerable level of air pollution. 38
(2) A solid waste disposal plan showing general plans for the 39
disposal of solid waste. 40
(b) A historic preservation element, which must include: 41
(1) A historic neighborhood preservation plan which: 42
(I) Must include, without limitation, a plan to inventory 43
historic neighborhoods and a statement of goals and methods to 44
encourage the preservation of historic neighborhoods. 45

– 19 –

- *AB443*
(II) May include, without limitation, the creation of a 1
commission to monitor and promote the preservati on of historic 2
neighborhoods. 3
(2) A historical properties preservation plan setting forth an 4
inventory of significant historical, archaeological, paleontological 5
and architectural properties as defined by a city, county or region, 6
and a statement of meth ods to encourage the preservation of those 7
properties. 8
(c) A housing element, which must include, without limitation: 9
(1) An inventory of housing conditions and needs, and plans 10
and procedures for improving housing standards and providing 11
adequate housi ng to individuals and families in the community, 12
regardless of income level. 13
(2) An inventory of existing affordable housing in the 14
community, including, without limitation, housing that is available 15
to rent or own, housing that is subsidized either directly or indirectly 16
by this State, an agency or political subdivision of this State, or the 17
Federal Government or an agency of the Federal Government, and 18
housing that is accessible to persons with disabilities. 19
(3) An analysis of projected growth and the demographic 20
characteristics of the community. 21
(4) A determination of the present and prospective need for 22
affordable housing in the community. 23
(5) An analysis of any impediments to the development of 24
affordable housing and the development of policies to mitigate those 25
impediments. 26
(6) An analysis of the characteristics of the land that is 27
suitable for residential development. The analysis must include, 28
without limitation: 29
(I) A determination of whether the existing infrastructure 30
is sufficient to sustain the current needs and projected growth of the 31
community; and 32
(II) An inventory of available parcels that are suitable for 33
residential development and any zoning, environmental and other 34
land-use planning restrictions that affect such parcels. 35
(7) An analysis of the needs and appropriate methods for the 36
construction of affordable housing or the conversion or 37
rehabilitation of existing housing to affordable housing. 38
(8) A plan for maintaining and developing affordable 39
housing to meet the housing needs of the community for a period of 40
at least 5 years. 41
(d) A land use element, which must include: 42
(1) Provisions concerning community design, including 43
standards and principles governing the subdivision of land and 44
suggestive patterns for community design and development. 45

– 20 –

- *AB443*
(2) A land use plan, including an inventory and classification 1
of types of natural land and of existing land cover and uses, and 2
comprehensive plans for the most desirable utilization of land. The 3
land use plan: 4
(I) Must, if a pplicable, address mixed -use development, 5
transit-oriented development, master -planned communities and 6
gaming enterprise districts. The land use plan must also, if 7
applicable, address the coordination and compatibility of land uses 8
with any military instal lation in the city, county or region, taking 9
into account the location, purpose and stated mission of the military 10
installation. 11
(II) May include a provision concerning the acquisition 12
and use of land that is under federal management within the city, 13
county or region, including, without limitation, a plan or statement 14
of policy prepared pursuant to NRS 321.7355. 15
(3) In any county whose population is 700,000 or more, a 16
rural neighborhoods preservation plan showing general plans to 17
preserve the character and density of rural neighborhoods. 18
(e) A public facilities and services element, which must include: 19
(1) An economic plan showing recommended schedules for 20
the allocation and expenditure of public money to provide for the 21
economical and timely execution of the various components of the 22
plan. 23
(2) A population plan setting forth an estimate of the total 24
population which the natural resources of the city, county or region 25
will support on a continuing basis without unreasonable impairment. 26
(3) An aboveground utility plan that shows corridors 27
designated for the construction of aboveground utilities and 28
complies with the provisions of NRS 278.165. 29
(4) Provisions concerning public buildings showing the 30
locations and arrangement of civic centers an d all other public 31
buildings, including the architecture thereof and the landscape 32
treatment of the grounds thereof. 33
(5) Provisions concerning public services and facilities 34
showing general plans for sewage, drainage and utilities, and rights -35
of-way, eas ements and facilities therefor, including, without 36
limitation, any utility projects required to be reported pursuant to 37
NRS 278.145. If a public utility which provides electric service 38
notifies the planning commission that a new transmission line or 39
substation will be required to support the master plan, those 40
facilities must be included in the master plan. The utility is not 41
required to obtain an easement for any such transmission line as a 42
prerequisite to the inclusion of the transmission line in the mast er 43
plan. 44

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(6) A school facilities plan showing the general locations of 1
current and future school facilities based upon information furnished 2
by the appropriate county school district. 3
(f) A recreation and open space element, which must include a 4
recreation plan showing a comprehensive system of recreation areas, 5
including, without limitation, natural reservations, parks, parkways, 6
trails, reserved riverbank strips, beaches, playgrounds and other 7
recreation areas, including, when practicable, the location s and 8
proposed development thereof. 9
(g) A safety element, which must include: 10
(1) In any county whose population is 700,000 or more, a 11
safety plan identifying potential types of natural and man -made 12
hazards, including, without limitation, hazards from f loods, 13
landslides or fires, or resulting from the manufacture, storage, 14
transfer or use of bulk quantities of hazardous materials. The safety 15
plan may set forth policies for avoiding or minimizing the risks from 16
those hazards. 17
(2) A seismic safety plan c onsisting of an identification and 18
appraisal of seismic hazards such as susceptibility to surface 19
ruptures from faulting, to ground shaking or to ground failures. 20
(h) A transportation element, which must include: 21
(1) A streets and highways plan showing the general 22
locations and widths of a comprehensive system of major traffic 23
thoroughfares and other traffic ways and of streets and the 24
recommended treatment thereof, building line setbacks, and a 25
system of naming or numbering streets and numbering houses, with 26
recommendations concerning proposed changes. 27
(2) A transit plan showing a proposed multimodal system of 28
transit lines, including mass transit, streetcar, motorcoach and 29
trolley coach lines, paths for bicycles and pedestrians, satellite 30
parking and related facilities. 31
(3) A transportation plan showing a comprehensive 32
transportation system, including, without limitation, locations of 33
rights-of-way, terminals, viaducts and grade separations. The 34
transportation plan may also include port, harbor, avia tion and 35
related facilities. 36
(i) An urban agricultural element, which must include a plan to 37
inventory any vacant lands or other real property owned by the city 38
or county and blighted land in the city or county to determine 39
whether such lands are suitable for urban farming and gardening. 40
The plan to inventory any vacant lands or other real property may 41
include, without limitation, any other real property in the city or 42
county, as deemed appropriate by the commission. 43
2. The commission may prepare and ado pt, as part of the 44
master plan, other and additional plans and reports dealing with such 45

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- *AB443*
other elements as may in its judgment relate to the physical 1
development of the city, county or region , and nothing contained in 2
NRS 278.010 to 278.630, inclusive, and sections 9 to 14, inclusive, 3
of this act prohibits the preparation and adoption of any such 4
element as a part of the master plan. 5
Sec. 22. NRS 278.250 is hereby amended to read as follows: 6
278.250 1. For the purposes of NRS 278.010 to 278.630, 7
inclusive, and sections 9 to 14, inclusive, of this act, the governing 8
body may divide the city, county or region into zoning districts of 9
such number, shape and area as are best suited to carry out the 10
purposes of NRS 278.010 to 27 8.630, inclusive [. Within ] , and 11
sections 9 to 14, inclusive, of this act. Except as otherwise provided 12
in sections 9 to 14, inclusive, of this act, within the zoning district, 13
[it] the governing body may regulate and restrict the erection, 14
construction, reconstruction, alteration, repair or use of buildings, 15
structures or land. 16
2. [The] Except as otherwise provided in this section and 17
sections 9 to 14, inclusive, of this act, zoning regulations must [be 18
adopted in accordance with the master plan for land use and ] be 19
designed: 20
(a) To preserve the quality of air and water resources. 21
(b) To promote the conservation of open space and the 22
protection of other natural and scenic resources from unreasonable 23
impairment. 24
(c) To consider existing views and access to solar resources by 25
studying the height of new buildings which will cast shadows on 26
surrounding residential and commercial developments. 27
(d) To reduce the consumption of energy by encouraging the use 28
of products and materials which maximize energy efficiency in the 29
construction of buildings. 30
(e) To provide for recreational needs. 31
(f) To protect life and property in areas subject to floods, 32
landslides and other natural disasters. 33
(g) To conform to the adopted population plan, if required by 34
NRS 278.170. 35
(h) To develop a timely, orderly and efficient arrangement of 36
transportation and public facilities and services, including public 37
access and sidewalks for pedestrians, and facilities and services for 38
bicycles. 39
(i) To ensure that the development on land is commensurate 40
with the character and the physical limitations of the land. 41
(j) To take into account the immediate and long -range financial 42
impact of the application of particular land to particular kinds of 43
development, and the relative suitability of the land for 44
development. 45

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(k) To promote health and the general welfare. 1
(l) To ensure the development of an adequate supply of hous ing 2
for the community, including the development of affordable 3
housing. 4
(m) To ensure the protection of existing neighborhoods and 5
communities, including the protection of rural preservation 6
neighborhoods and, in counties whose population is 700,000 or 7
more, the protection of historic neighborhoods. 8
(n) To promote systems which use solar or wind energy. 9
(o) To foster the coordination and compatibility of land uses 10
with any military installation in the city, county or region, taking 11
into account the location, purpose and stated mission of the military 12
installation. 13
3. [The] Except as otherwise provided in this section and 14
sections 9 to 14, inclusive, of this act, the zoning regulations must 15
be adopted with reasonable consideration, among other things, to the 16
character of the area and its peculiar suitability for particular uses, 17
and with a view to conserving the value of buildings and 18
encouraging the most appropriate use of land throughout the city, 19
county or region. 20
4. [In] Except as otherwise provided in this section, and 21
sections 9 to 14, inclusive, of this act, in exercising the powers 22
granted in this section, the governing body may use any controls 23
relating to land use or principles of zoning that the governing body 24
determines to be appropriate, including, without limitation, density 25
bonuses, inclusionary zoning and minimum density zoning. 26
5. As used in this section: 27
(a) “Density bonus” means an incentive granted by a governing 28
body to a developer of real property that authorizes the developer to 29
build at a greater density than would otherwise be allowed under the 30
master plan, in exchange for an agreement by the developer to 31
perform certain functions that the governing body determines to be 32
socially desirable, including, without li mitation, developing an area 33
to include a certain proportion of affordable housing. 34
(b) “Inclusionary zoning” means a type of zoning pursuant to 35
which a governing body requires or provides incentives to a 36
developer who builds residential dwellings to buil d a certain 37
percentage of those dwellings as affordable housing. 38
(c) “Minimum density zoning” means a type of zoning pursuant 39
to which development must be carried out at or above a certain 40
density to maintain conformance with the master plan. 41
Sec. 23. NRS 278.253 is hereby amended to read as follows: 42
278.253 1. [A governing body of a county whose population 43
is 100,000 or more or a governing body of a city whose population 44
is 150,000 or more shall adopt ] In an ordinance [for the zoning of ] 45

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relating to the zoning of land adopted or amended by a governing 1
body, the definition of “single -family residence” must include tiny 2
houses . [that: 3
(a) Designates at least one zoning district in which a tiny house 4
may be located and classified as an accessory dwelling unit; 5
(b) Designates at least one zoning district in which a tiny house 6
may be located and classified as a single-family residential unit; and 7
(c) Designates at least one zoning district in which a tiny house 8
may be located in a tiny house park. 9
2. A governing body of a county whose population is less than 10
100,000 or a governing body of a city whose population is less than 11
150,000 shall adopt an ordinance for the zoning of tiny houses that: 12
(a) Designates at least one zoning district in which a tiny house 13
may be located and classified as an accessory dwelling unit; 14
(b) Designates at least one zoning district in which a tiny house 15
is allowed to be located and classified as a single -family residential 16
unit; or 17
(c) Designates at least one zoning district in which a tiny house 18
may be located in a tiny house park. 19
3. Before adopting an ordinance pursuant to subsection 1 or 2, 20
the governing body of a county or city must consider whether the 21
locations of tiny h ouses in the designated zoning districts will have 22
disproportionately high and adverse human health and 23
environmental effects on minority populations and low -income 24
populations. 25
4.] 2. An ordinance adopted pursuant to subsection 1 [or 2: 26
(a) May: 27
(1) Include any other requirements for tiny houses that the 28
governing body determines is necessary; and 29
(2) Provide] may provide that a certificate of occupancy 30
issued for a tiny house may limit the tiny house to use as a single -31
family [residential unit] residence or an accessory dwelling unit. 32
[(b) Shall require that a tiny house that is: 33
(1) Located in: 34
(I) A zoning district designated pursuant to paragraph (a) 35
of subsection 1 or paragraph (a) of subsection 2 is classified as an 36
accessory dwelling u nit on any building permit or zoning approval 37
issued for the tiny house; 38
(II) A zoning district designated pursuant to paragraph (b) 39
of subsection 1 or paragraph (b) of subsection 2 is classified as a 40
single-family residential unit on any building permi t or zoning 41
approval issued for the tiny house; and 42
(III) A zoning district designated pursuant to paragraph 43
(c) of subsection 1 or paragraph (c) of subsection 2 is classified as a 44

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- *AB443*
tiny house on any building permit or zoning approval issued within 1
the tiny house park. 2
(2) Not built on a permanent foundation may only be issued a 3
certificate of occupancy for the tiny house that is tied to the specific 4
parcel of land on which the tiny house is located. If the tiny house is 5
moved from that parcel, the own er of the tiny house must obtain a 6
new certificate of occupancy. 7
5.] 3. An ordinance adopted pursuant to subsection 1 [or 2 that 8
allows for tiny houses to be located in tiny house parks ] must also 9
establish requirements for tiny house parks, including, without 10
limitation, requirements for: 11
(a) Community water and wastewater service; 12
(b) Adequate spacing between tiny houses in the tiny house park 13
to allow for access for public safety ser vices, including, without 14
limitation, access for firefighting equipment and vehicles and 15
utilities; 16
(c) [Minimum size requirements for each space in the tiny house 17
park for a tiny house; 18
(d)] The minimum or maximum lot size of a tiny house park; 19
and 20
[(e)] (d) Open space within the tiny house park . [; and 21
(f) Parking within the tiny house park. 22
6.] 4. An ordinance adopted pursuant to subsection 1 [or 2 ] 23
must define “tiny house” in accordance with the definition adopted 24
in the International Residential Code by the International Code 25
Council or its successor organization. 26
Sec. 24. NRS 278.320 is hereby amended to read as follows: 27
278.320 1. “Subdivision” means any land, vacant or 28
improved, which is divided or proposed to be divided into five or 29
more lots, parcels, sites, units or plots, for the purpose of any 30
transfer or development, or any proposed transfer or developmen t, 31
unless exempted by one of the following provisions: 32
(a) The term “subdivision” does not apply to any division of 33
land which is subject to the provisions of NRS 278.471 to 278.4725, 34
inclusive. 35
(b) Any joint tenancy or tenancy in common shall be deemed a 36
single interest in land. 37
(c) Unless a method of disposition is adopted for the purpose of 38
evading this chapter or would have the effect of evading this 39
chapter, the term “subdivision” does not apply to: 40
(1) Any division of land which is ordered by any court in this 41
State or created by operation of law; 42
(2) A lien, mortgage, deed of trust or any other security 43
instrument; 44

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(3) A security or unit of interest in any investment trust 1
regulated under the laws of this State or any other interest in an 2
investment entity; 3
(4) Cemetery lots; or 4
(5) An interest in oil, gas, minerals or building materials, 5
which are now or hereafter severed from the surface ownership of 6
real property. 7
2. A common -interest community consisting of five or more 8
units shall be deemed to be a subdivision of land within the meaning 9
of this section, but need only comply with NRS 278.326 to 278.460, 10
inclusive, and 278.473 to 278.490, inclusive. 11
3. The board of county commissioners of any county may 12
exempt any parcel or pa rcels of land from the provisions of NRS 13
278.010 to 278.630, inclusive, and sections 9 to 14, inclusive, of 14
this act if: 15
(a) The land is owned by a railroad company or by a nonprofit 16
corporation organized and existing pursuant to the provisions of 17
chapter 81 or 82 of NRS which is an immediate successor in t itle to 18
a railroad company, and the land was in the past used in connection 19
with any railroad operation; and 20
(b) Other persons now permanently reside on the land. 21
4. Except as otherwise provided in subsection 5, this chapter, 22
including, without limitati on, any requirements relating to the 23
adjustment of boundary lines or the filing of a parcel map or record 24
of survey, does not apply to the division, exchange or transfer of 25
land for agricultural purposes if each parcel resulting from such a 26
division, exchange or transfer: 27
(a) Is 10 acres or more in size ; [, unless local zoning laws 28
require a larger minimum parcel size, in which case each parcel 29
resulting from the division, exchange or transfer must comply with 30
the parcel size required by those local zoning laws;] 31
(b) Has a zoning classification that is consistent with the 32
designation in the master plan, if any, regarding land use for the 33
parcel; 34
(c) Can be described by reference to the standard subdivisions 35
used in the United States Public Land Survey System; 36
(d) Qualifies for agricultural use assessment under NRS 37
361A.100 to 361A.160, inclusive, and any regulations adopted 38
pursuant thereto; and 39
(e) Is accessible: 40
(1) By way of an existing street, road or highway; 41
(2) Through other adjacent lands owned by the same person; 42
or 43
(3) By way of an easement for agricultural purposes that was 44
granted in connection with the division, exchange or transfer. 45

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5. The exemption from the provisions of this chapter, which 1
exemption is set forth in subsection 4, does not apply with respect to 2
any parcel resulting from the division, exchange or transfer of 3
agricultural lands if: 4
(a) Such resulting parcel ceases to qualify for agricultural use 5
assessment under NRS 361A.100 to 361A.160, inclusive, and any 6
regulations adopted pursuant thereto; or 7
(b) New commercial buildings or residential dwelling units are 8
proposed to be constructed on the parcel after the date on which the 9
division, exchange or transfer took place. The provisions of this 10
paragraph do not prohibit the expansion, repair, reconstruction, 11
renovation or replacement of preexisting buildings or dwelling units 12
that are: 13
(1) Dilapidated; 14
(2) Dangerous; 15
(3) At risk of being declared a public nuisance; 16
(4) Damaged or destroyed by fire, flood, earthqu ake or any 17
natural or man-made disaster; or 18
(5) Otherwise in need of expansion, repair, reconstruction, 19
renovation or replacement. 20
Sec. 25. NRS 278A.470 is hereby amended to read as follows: 21
278A.470 The ordinance may r equire such information in the 22
application as is reasonably necessary to disclose to the city or 23
county: 24
1. The location and size of the site and the nature of the 25
landowner’s interest in the land proposed to be developed. 26
2. The density of land use to be allocated to parts of the site to 27
be developed. 28
3. The location and size of any common open space and the 29
form of organization proposed to own and maintain any common 30
open space. 31
4. The use and the approximate height, bulk and location of 32
buildings and other structures. 33
5. The ratio of residential to nonresidential use. 34
6. The feasibility of proposals for disposition of sanitary waste 35
and storm water. 36
7. The substance of covenants, grants or easements or other 37
restrictions proposed to be impos ed upon the use of the land, 38
buildings and structures, including proposed easements or grants for 39
public utilities. 40
8. The [provisions for parking of vehicles and the] location and 41
width of proposed streets and public ways. 42
9. The required modification s in the municipal land use 43
regulations otherwise applicable to the subject property. 44

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10. In the case of plans which call for development over a 1
period of years, a schedule showing the proposed times within 2
which additional applications for approval of a ll sections of the 3
planned unit development are intended to be filed. 4
Sec. 26. Section 8 of the Charter of Boulder City is hereby 5
amended to read as follows: 6
Section 8. Powers. 7
All powers of the City and the determination of all matters 8
of policy shall be vested in the City Council. By way of 9
illustration, and not by way of limitation, the Council shall 10
have the power to: 11
1. By a concurring vote of not less than three of its 12
members, appoint to and/or remove from office the following 13
city officers: (a) the City Manager; (b) the City Attorney; (c) 14
the City Clerk; and/or (d) the Municipal Judge; subject to 15
these provisions: (Add. 3; Amd. 1; 5-2-1967) 16
A. The appointments shall be for indefinite terms, and 17
each such officer shall receive such compensation and other 18
benefits as may be determined by resolution of the Council 19
from time to time. 20
B. Any City officer may be temporarily suspended with 21
full pay at any time by a majority vote of the Council, but no 22
City officer may be removed from office unless he or she has 23
first been given an opportunity for a hearing before the 24
Council. The Council shall not hold a closed meeting to 25
consider terminating such officer or to consider the character, 26
alleged misconduct, p rofessional competence, or physical or 27
mental health of such public officer. The public officer may 28
be assisted by his or her own legal counsel at the hearing. 29
Any action of the Council following such hearing shall be 30
considered final and conclusive. Writt en notice of the 31
meeting shall be given to such officer in the manner set forth 32
in NRS 241.033. (Add. 25; Amd. 2; 6-2-2009) 33
C. If a city officer is so removed, the Council will 34
appoint a person as a temporary replacement to perform the 35
duties of the remo ved officer, and will appoint a qualified 36
person as a permanent replacement officer as soon as 37
practicable. 38
D. No person shall be appointed as a city officer who is 39
a grandparent, parent, uncle, aunt, brother, sister, nephew, 40
niece, child or grandchild, by birth, marriage, or adoption, of 41
a city officer, employee, or Council Member at the time of 42
appointment. (Add. 15; Amd. 2; 6-4-1991) 43
2. Establish other administrative departments and 44
distribute the work of divisions. 45

– 29 –

- *AB443*
3. Adopt the budget of the City. 1
4. Inquire into the conduct of any office, department or 2
agency of the City and make investigations as to municipal 3
affairs. (1959 Charter) 4
5. Appoint the members of all boards, commissions, and 5
committees for specific or indefinite terms as provided 6
elsewhere in this Charter or in various resolutions or 7
ordinances, with all such persons being removable from 8
office only for cause, provided, however, that all persons so 9
appointed must be and remain bona fide residents of the City 10
during the tenure of ea ch appointment. (Add. 15; Amd. 2; 11
6-4-1991) 12
6. Adopt plats. (1959 Charter) 13
7. Adopt and modify, from time to time, an official 14
general map of the entire City, and one or more official maps 15
of various portions of the City. (Add. 15; Amd. 2; 6-4-1991) 16
8. Regulate and restrict [the height and number of stories 17
of buildings and other structures, the size of yards and 18
courts,] the density of populations and the location and use of 19
buildings for trade, industry, business, residence or other 20
purposes. (1959 Charter) 21
9. Provide for an annual auditing of the City’s financial 22
accounts and records by independent auditors. (Add. 15; 23
Amd. 2; 6-4-1991) 24
10. (Repealed by Add. 15; Amd. 1; 6-5-1991) 25
11. Levy such taxes as are authorized by applicable 26
laws. (Add. 15; Amd. 2; 6-4-1991) 27
12. (Repealed by Add. 15; Amd. 1; 6-5-1991) 28
13. Except as required by federal law or state statute, 29
appoint no officer or employee of the City to any city board 30
or commission, other than as an ex officio member. (Add. 2; 31
Amd. 1; 5 -4-1965; Amd. 2; 6 -4-1991; Add. 24; Amd. 1; 32
6-3-2003) 33
14. (Add. 10; Amd . 6; 6 -2-1981; Repealed by Add. 15; 34
Amd. 1; 6-5-1991) 35
Sec. 27. Section 23 of the Charter of Boulder City is hereby 36
amended to read as follows: 37
Section 23. Adoption of specialized, uniform codes. 38
[An] Except as otherwise provided in NRS 268.413 and 39
chapter 278 of NRS, an ordinance adopting any specialized 40
or uniform building, plumbing or electrical code or codes, 41
printed in book or pamphlet form or any other specialized or 42
uniform code or codes of any nature whatsoever so printed, 43
may adopt such code, or any portion thereof, with such 44
changes as may be necessary to make the same applicable to 45

– 30 –

- *AB443*
conditions in the City, and with such other changes as may be 1
desirable, by reference thereto, without the necessity of 2
reading the same at length as provided in section 22. Such 3
code, upon adoption, need not be published as required by 4
section 22 if an adequate number of copies of such code, 5
either typewritten or printed, with such changes, if any, have 6
been filed for use and examination by the public in the Office 7
of the City Clerk at least one week prior to the passage of the 8
ordinance adopting the code, or any amendment thereto. 9
Notice of such filing shall be given in accordance with the 10
provisions of section 22.3. (Add. 8; Amd. 9; 6-7-1977) 11
Sec. 28. Section 2.160 of the Charter of the City of Caliente, 12
being chapter 31, Statutes of Nevada 1971, as amended by chapter 13
391, Statutes of Nevada 1999, at page 1860, is hereby amended to 14
read as follows: 15
Sec. 2.160 Powers of City Council: Fire protection; 16
regulation of explosives, inflammable materials; fire codes 17
and regulations. The City Council may: 18
1. Organize, regulate and maintain a Fire Department. 19
2. Provide for the appointment of a Fire Chi ef and 20
prescribe his or her duties. 21
3. Regulate or prohibit the storage of any explosive, 22
combustible or inflammable material in or transported 23
through the City, and prescribe the distance from any 24
residential or commercial area where it may be kept. Any 25
ordinance adopted pursuant to this subsection that regulates 26
places of employment where explosives are stored must be at 27
least as stringent as the standards and procedures adopted by 28
the Division of Industrial Relations of the Department of 29
Business and Industry pursuant to NRS 618.890. 30
4. [Establish,] Except as otherwise provided in NRS 31
268.413 and chapter 278 of NRS, establish by ordinance, a 32
fire code and other regulations necessary to carry out the 33
purposes of this section. 34
Sec. 29. Section 2.180 of the Charter of the City of Caliente, 35
being chapter 31, Statutes of Nevada 1971, at page 61, is hereby 36
amended to read as follows: 37
Sec. 2.180 Powers of City Council: Buildings; 38
construction and maintenance regulations; building and safety 39
codes. [The] Except as otherwise provided in NRS 268.413 40
and chapter 278 of NRS, the City Council may: 41
1. Regulate all matters relating to the construction, 42
maintenance and safety of buildings, structures and property 43
within the City. 44

– 31 –

- *AB443*
2. Adopt any building or safety code necessary to carry 1
out the provisions of this section and establish such fees as 2
may be necessary. 3
Sec. 30. Section 2.190 of the Charter of the City of Caliente, 4
being chapter 31, Statu tes of Nevada 1971, at page 61, is hereby 5
amended to read as follows: 6
Sec. 2.190 Powers of City Council: Zoning and 7
planning. 8
[1. The] Except as otherwise provided in NRS 268.413 9
and chapter 278 of NRS, the City Council may: 10
[(a)] 1. Divide the City into districts and regulate and 11
restrict the erection, construction, reconstruction, alteration, 12
repair or use of buildings, structures or land within such 13
districts. 14
[(b)] 2. Establish and adopt ordinances and regulations 15
relating to the subdivision of land. 16
[2. The City Council shall carry out the provisions of 17
subsection 1 in the manner prescribed by chapter 278 of NRS, 18
as amended from time to time.] 19
Sec. 31. Section 2.170 of the Charter of the City of Carlin, 20
being chapter 344, Statutes of Nevada 1971, as amended by chapter 21
391, Statutes of Nevada 1999, at page 1860, is hereby amended to 22
read as follows: 23
Sec. 2.170 Powers of Board of Council Members: Fire 24
protection; regulation of explosives, inflammable materials; 25
fire codes and regulations. The Board of Council Members 26
may: 27
1. Organize, regulate and maintain a Fire Department. 28
2. Provide for the appointment of a Fire Chief and 29
prescribe his or her duties. 30
3. Regulate or prohibit the storage of any explosive , 31
combustible or inflammable material in or transported 32
through the City, and prescribe the distance from any 33
residential or commercial area where it may be kept. Any 34
ordinance adopted pursuant to this subsection that regulates 35
places of employment where e xplosives are stored must be at 36
least as stringent as the standards and procedures adopted by 37
the Division of Industrial Relations of the Department of 38
Business and Industry pursuant to NRS 618.890. 39
4. [Establish,] Except as otherwise provided in NRS 40
268.413 and chapter 278 of NRS, establish by ordinance, a 41
fire code and other regulations necessary to carry out the 42
purposes of this section. 43

– 32 –

- *AB443*
Sec. 32. Section 2.190 of the Charter of the City of Carlin, 1
being chapter 344, Statutes of Nevada 1971, at page 609, is hereby 2
amended to read as follows: 3
Sec. 2.190 Powers of Board of Council Members: 4
Buildings; construction and maintenance regulations; 5
building and safety codes. [The] Except as otherwise 6
provided in NRS 268.413 and chapter 278 of NRS, the 7
Board of Council Members may: 8
1. Regulate all matters relating to the construction, 9
maintenance and safety of buildings, structures and property 10
within the City. 11
2. Adopt any building or safety code necessary to carry 12
out t he provisions of this section and establish such fees as 13
may be necessary. 14
Sec. 33. Section 2.200 of the Charter of the City of Carlin, 15
being chapter 344, Statutes of Nevada 1971, at page 609, is hereby 16
amended to read as follows: 17
Sec. 2.200 Powers of Board of Council Members: 18
Zoning and planning. 19
1. [The] Except as otherwise provided in NRS 268.413 20
and chapter 278 of NRS, the Board of Council Members 21
may: 22
(a) Divide the City into districts and regulate and restrict 23
the erection, construction, reconstruction, alteration, repair or 24
use of buildings, structures or land within such districts. 25
(b) Establish and adopt ordinances and regulations 26
relating to the subdivision of land. 27
2. The Board of Council Members shall c arry out the 28
provisions of subsection 1 in the manner prescribed by 29
chapter 278 of NRS, as amended from time to time. 30
Sec. 34. Section 2.130 of the Charter of Carson City, being 31
chapter 213, Statutes of Nevada 1969, as amen ded by chapter 237, 32
Statutes of Nevada 2003, at page 1252, is hereby amended to read as 33
follows: 34
Sec. 2.130 Uniform codes: Procedure for adoption. 35
Except as otherwise provided in chapter 278 of NRS and 36
NRS 268.413 and 707.375, an ordinance adopting a uniform 37
building, plumbing, electrical, health, traffic or fire code, or 38
any other uniform code or codes, printed in book or pamphlet 39
form, may adopt such code or codes, or any portion thereof, 40
with such changes as may be necessary to make such code or 41
codes applicable to conditions in Carson City, and with such 42
other changes as may be desirable, by reference thereto. 43
Copies of such code or codes, either typewritten or printed, 44
with such changes, if any, shall be filed for use and 45

– 33 –

- *AB443*
examination by the public in the Office of the Clerk at least 1 1
week prior to the passage of the ordinance adopting such code 2
or codes. 3
Sec. 35. Section 2.160 of the Charter of Carson City, being 4
chapter 213, Statutes of Nevada 1969, as amended by c hapter 118, 5
Statutes of Nevada 1985, at page 475, is hereby amended to read as 6
follows: 7
Sec. 2.160 Power of Board: Fire protection; fire codes 8
and regulations. The Board may: 9
1. Organize, regulate, maintain and disband a Fire 10
Department. 11
2. [Establish,] Except as otherwise provided in NRS 12
268.413 and chapter 278 of NRS, establish by ordinance, a 13
fire code and other regulations necessary to carry out the 14
purposes of this section. 15
Sec. 36. Section 2.210 of the Charter of Carson City, being 16
chapter 213, Statutes of Nevada 1969, at page 298, is hereby 17
amended to read as follows: 18
Sec. 2.210 Power of Board: Buildings; construction and 19
maintenance regulations; building and safety codes. [The] 20
Except as otherwise provided in NRS 268.413 and chapter 21
278 of NRS, the Board may: 22
1. Regulate all matters relating to the construction, 23
maintenance and safety of buildings, structures and property 24
within Carson City. 25
2. Adopt any building or safety c ode or ordinance 26
necessary to carry out the provisions of this section. 27
Sec. 37. Section 2.220 of the Charter of Carson City, being 28
chapter 213, Statutes of Nevada 1969, as amended by chapter 96, 29
Statutes of Nevada 1997, at page 181, is hereby amended to read as 30
follows: 31
Sec. 2.220 Power of Board: Zoning and planning. 32
[1. The] Except as otherwise provided in NRS 268.413 33
and chapter 278 of NRS, the Board may: 34
[(a)] 1. Divide Carson City into districts and regulate 35
and restrict the erection, construction, reconstruction, 36
alteration, repair or use of buildings, structures or land within 37
those districts. 38
[(b)] 2. Adopt master plans for Carson City which will 39
serve as a pattern and guide for the kind of orderly physical 40
growth and development of the City that will minimize 41
impairment of the City’s natural resources. 42
[(c)] 3. Establish and adopt ordinances and regulations 43
relating to the subdivision of land. 44

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- *AB443*
[2. The Board shall carry out the provisions of 1
subsection 1 in the manner prescribed by chapters 278 and 2
278A of NRS.] 3
Sec. 38. Section 2.200 of the Charter of the City of Elko, 4
being chapter 2 76, Statutes of Nevada 1971, as last amended by 5
chapter 51, Statutes of Nevada 2001, at pa ge 455, is hereby 6
amended to read as follows: 7
Sec. 2.200 Powers of City Council: Fire protection; 8
regulation of explosives, inflammable materials; fire codes 9
and regulations. The City Council may: 10
1. Organize, regulate and maintain a Fire Department. 11
2. Provide for the appointment of a Fire Chief and 12
prescribe his or her duties. 13
3. Regulate or prohibit the storage of any explosive, 14
combustible or inflammable material in or transported 15
through the City, and prescribe the distance from any 16
residential or commercial area where it may be kept. Any 17
ordinance adopted pursuant to this subsection that regulates 18
places of employment where explosives are stored must be at 19
least as stringent as the standards and procedures adopted by 20
the Division of Industria l Relations of the Department of 21
Business and Industry pursuant to NRS 618.890. 22
4. [Establish,] Except as otherwise provided in NRS 23
268.413 and chapter 278 of NRS, establish by ordinance, a 24
fire code and other regulations necessary to carry out the 25
purposes of this section, and to provide for the prevention, 26
suppression and extinguishment of fires and conditions 27
hazardous to life and property from fire, explosion or 28
combustion, and to provide for the enforcement of all such 29
codes and regulations by imposi ng adequate penalties for 30
violations thereof. 31
Sec. 39. Section 2.220 of the Charter of the City of Elko, 32
being chapter 276, Statutes of Nevada 1971, as amended by chapter 33
51, Statutes of Nevada 2001, at page 456, is hereby amended to read 34
as follows: 35
Sec. 2.220 Powers of City Council: Buildings; 36
construction and maintenance regulations; building and safety 37
codes. [The] Except as otherwise provided in NRS 268.413 38
and chapter 278 of NRS, City Council may: 39
1. Regulate all matters relating to the construction, 40
maintenance and safety of buildings, structures and property 41
within the City. 42
2. Adopt any building or safety code necessary to carry 43
out the provisions of this section and establish such fees as 44
may be necessary. 45

– 35 –

- *AB443*
Sec. 40. Section 2.230 of the Charter of the City of Elko, 1
being chapter 276, Statutes of Nevada 1971, as amended by chapter 2
51, Statutes of Nevada 2001, at page 456, is hereby amended to read 3
as follows: 4
Sec. 2.230 Powers of City Council: Zoning and 5
planning. [The] Except as otherwise provided in NRS 6
268.413 and chapter 278 of NRS, the City Council may: 7
1. Divide the City into districts and regulate and restrict 8
the erection, construction, reconstruction, alteration, r epair or 9
use of buildings, structures or land within the districts. 10
2. Establish and adopt ordinances and regulations 11
relating to the subdivision of land. 12
Sec. 41. Section 2.160 of the Charter of the City of Henderson, 13
being chapter 266, Statutes of Nevada 1971, as amended by chapter 14
391, Statutes of Nevada 1999, at page 1862, is hereby amended to 15
read as follows: 16
Sec. 2.160 Powers of City Council: Fire protection; 17
regulation of explosives, inflammable materials; fire co des 18
and regulations. The City Council may: 19
1. Organize, regulate and maintain a Fire Department. 20
2. Regulate or prohibit the storage of any explosive, 21
combustible or inflammable material in or transported 22
through the City, and prescribe the distance from any 23
residential or commercial area where it may be kept. Any 24
ordinance adopted pursuant to this subsection that regulates 25
places of employment where explosives are stored must be at 26
least as stringent as the standards and procedures adopted by 27
the Div ision of Industrial Relations of the Department of 28
Business and Industry pursuant to NRS 618.890. 29
3. [Establish,] Except as otherwise provided in NRS 30
268.413 and chapter 278 of NRS, establish by ordinance, a 31
fire code and other regulations necessary to carry out the 32
purposes of this section. 33
Sec. 42. Section 2.180 of the Charter of the City of Henderson, 34
being chapter 266, Statutes of Nevada 1971, at page 408, is hereby 35
amended to read as follows: 36
Sec. 2.180 Powers of C ity Council: Buildings; 37
construction and maintenance regulations; building and safety 38
codes. [The] Except as otherwise provided in NRS 268.413 39
and chapter 278 of NRS, the City Council may: 40
1. Regulate all matters relating to the construction, 41
maintenance and safety of buildings, structures and property 42
within the City. 43

– 36 –

- *AB443*
2. Adopt any building or safety code necessary to carry 1
out the provisions of this section and establish such fees as 2
may be necessary. 3
Sec. 43. Section 2.190 of the Charter of the City of Henderson, 4
being chapter 266, Statutes of Nevada 1971, as amended by chapter 5
596, Statutes of Nevada 1995, at page 2209, is hereby amended to 6
read as follows: 7
Sec. 2.190 Powers of City Council: Zoning and 8
planning. The City Council may adopt ordinances and 9
regulations relating to zoning and planning . [pursuant to ] 10
Any such ordinance or regulation must comply with the 11
provisions of NRS 268.413 and chapter 278 of NRS. 12
Sec. 44. Section 2.170 of the Charter of the City of Las Vegas, 13
being chapter 517, Statutes of Nevada 1983, as amended by chapter 14
391, Statutes of Nevada 1999, at page 1862, is hereby amended to 15
read as follows: 16
Sec. 2.170 Powers of City Council: Fire protection; 17
regulation of explosives, inflammable materials; fire codes 18
and regulations. The City Council may: 19
1. Organize, regulate and maintain a Fire Department. 20
2. Regulate or prohibit the storage in or the 21
transportation through the City of any explosive, combusti ble 22
or inflammable material and prescribe the location within the 23
City where those materials may be kept. Any ordinance 24
adopted pursuant to this subsection that regulates places of 25
employment where explosives are stored must be at least as 26
stringent as the standards and procedures adopted by the 27
Division of Industrial Relations of the Department of 28
Business and Industry pursuant to NRS 618.890. 29
3. [Establish] Except as otherwise provided in NRS 30
268.413 and chapter 278 of NRS, establish by ordinance , a 31
fire code and other regulations which are necessary to provide 32
for the prevention of and protection against fires and to carry 33
out the purposes of this section. 34
4. Suspend or revoke the license of any business for its 35
failure to comply with any regulatio n which is adopted 36
pursuant to this section. 37
Sec. 45. Section 2.200 of the Charter of the City of Las Vegas, 38
being chapter 517, Statutes of Nevada 1983, at page 1400, is hereby 39
amended to read as follows: 40
Sec. 2.200 Powers of City Council: Buildings; 41
construction and maintenance regulations; building and safety 42
codes. Subject to the limitations which are contained in 43
chapter 278 of NRS and NRS [278.580, 278.583 and ] 44

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- *AB443*
268.413 and 444.340 to 444.430, inclusive, the City Coun cil 1
may: 2
1. Regulate all matters which relate to the construction, 3
maintenance and safety of buildings, structures and property 4
within the City. 5
2. Adopt any building, electrical, plumbing, mechanical 6
or safety code which is necessary to carry out the provisions 7
of this section and establish such fees as may be necessary. 8
Sec. 46. Section 2.210 of the Charter of the City of Las Vegas, 9
being chapter 517, Statutes of Nevada 1983, at page 1400, is hereby 10
amended to read as follows: 11
Sec. 2.210 Powers of City Council: Zoning and 12
planning. 13
1. The City Council may: 14
(a) Divide the City into districts and regulate and restrict 15
the erection, construction, reconstruction, alteration, repair or 16
use of buildings, structures or land within those districts. 17
(b) Establish and adopt ordinances and regulations which 18
relate to the subdivision of land. 19
2. [The City Council must carry out the provisions of 20
subsection 1 in the manner which is prescribed by ] Any 21
ordinance or regulation must comply with the provisions of 22
NRS 268.413 and chapter 278 of NRS. 23
Sec. 47. Section 2.150 of the Charter of the City of Mesquite, 24
being chapter 325, Statutes of Nevada 2017, at page 1872, is hereby 25
amended to read as follows: 26
Sec. 2.150 Powers of City Council: Fire protection; 27
regulation of explosives, inflammable materials; fire codes 28
and regulations. The City Council may: 29
1. Organize, regulate and maintain a fire department. 30
2. Regulate or prohibit the storage of any explosive, 31
combustible or inflammable material in or transported 32
through the City, and prescribe the distance from any 33
residential or commercial area where it may be kept. Any 34
ordinance adopted pursuant to this subsection that regulates 35
places of employment where explosives are stored must be at 36
least as stringent as the standards and procedures adopted by 37
the Division of Industrial Relations of the Department of 38
Business and Industry pursuant to NRS 618.890. 39
3. [Establish,] Except as otherwise p rovided in NRS 40
268.413 and chapter 278 of NRS, establish by ordinance, a 41
fire code and other regulations necessary to carry out the 42
purposes of this section. 43

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- *AB443*
Sec. 48. Section 2.170 of the Charter of the City of Mesquite, 1
being chapter 325, Statutes of Nevada 2017, at page 1872, is hereby 2
amended to read as follows: 3
Sec. 2.170 Powers of City Council: Buildings; 4
construction and maintenance regulations; building and safety 5
codes. [The] Except as otherwise provided in NRS 268.413 6
and chapter 278 of NRS, the City Council may: 7
1. Regulate all matters relating to the construction, 8
maintenance and safety of buildings, structures and property 9
within the City. 10
2. Adopt any building or safety code necessary to carry 11
out the prov isions of this section and establish such fees as 12
may be necessary. 13
Sec. 49. Section 2.180 of the Charter of the City of Mesquite, 14
being chapter 325, Statutes of Nevada 2017, at page 1872, is hereby 15
amended to read as follows: 16
Sec. 2.180 Powers of City Council: Zoning and 17
planning. The City Council may adopt ordinances and 18
regulations relating to zoning and planning . [pursuant to ] 19
Any ordinance or regulation must comply with the 20
provisions of NRS 268.413 and chapter 278 of NRS. 21
Sec. 50. Section 2.160 of the Charter of the City of North Las 22
Vegas, being chapter 573, Statutes of Nevada 1971, as amended by 23
chapter 391, Statutes of Nevada 1999, at page 1863, is hereby 24
amended to read as follows: 25
Sec. 2.160 Powers of City Council: Fire protection; 26
regulation of explosives, flammable materials; fire codes and 27
regulations. The City Council may: 28
1. Organize, regulate and maintain a Fire Department. 29
2. Regulate or prohibit the storage of any explosive, 30
combustible or flammable material in or transported through 31
the City, and prescribe the distance from any residential or 32
commercial area where it may be kept. Any ordinance 33
adopted pursuant to this subsection that regulates places of 34
employment where explosives are stored must be at least as 35
stringent as the standards and procedures adopted by the 36
Division of Industrial Relations of the Department of 37
Business and Industry pursuant to NRS 618.890. 38
3. [Establish,] Except as otherwise provided in NRS 39
268.413 and chapter 278 of NRS, establish by ordinance, a 40
fire code and other regulations necessary to carry out the 41
purposes of this section. 42

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Sec. 51. Section 2.180 of the Charter of the City of North Las 1
Vegas, being chapter 573, Statutes of Nevada 1971, as last amended 2
by chapter 290, Statutes of Nevada 1991, at page 762, is hereby 3
amended to read as follows: 4
Sec. 2.180 Powers of City Council: Buildings; 5
construction and maintenanc e regulations; building, 6
plumbing, electrical, mechanical, housing, sign and safety 7
codes. 8
1. [The] Except as otherwise provided in NRS 268.413 9
and chapter 278 of NRS, the City Council may: 10
(a) Regulate all matters relating to the construction, 11
maintenance, use, occupancy and safety of buildings, 12
structures and property within the City. 13
(b) Adopt any building, plumbing, electrical, mechanical, 14
housing, sign or safety code necessary to carry out the 15
provisions of this section and establish such fees and 16
penalties as are necessary. 17
(c) Adopt any ordinance to prohibit the use or 18
maintenance of a building or structure for any activity that 19
violates the laws of the State or ordinances of the City or the 20
County in which the City is located, including, but not limited 21
to, laws or ordinances relating to the sale, distribution, 22
manufacture or use of controlled substances, gambling or 23
prostitution. The ordinance may include such penalties as are 24
necessary. 25
2. [Notwithstanding] Except as otherwise provided in 26
NRS 268.413 and chapter 278 of NRS, notwithstanding the 27
provisions of subsection 1, if state law requires the adoption 28
by the City of a particular code or regulation, that, and no 29
other, must be adopted by the City as the exclusive authority 30
governing the subject concerned. 31
Sec. 52. Section 2.190 of the Charter of the City of North Las 32
Vegas, being chapter 573, Statutes of Nevada 1971, as amended by 33
chapter 723, Statutes of Nevada 1973, at page 1439, is hereby 34
amended to read as follows: 35
Sec. 2.190 Powers of City Council: Planning and 36
zoning. 37
1. The City Council may by ordinance: 38
(a) Establish an official map of the City, on which shall 39
be shown and indicated: 40
(1) All public streets existing and established by law at 41
the time of the establishment of the official map. 42
(2) All planned streets or street lines as located on 43
plats adopted by the Council in accordance with the 44

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provisions of chapter 278 of NRS at the time of the 1
establishment of the map. 2
(3) All streets o r street lines as located on final or 3
recorded plats of subdivisions approved by the Council at the 4
time of the establishment of the map. The placing of any 5
street or street lines upon the official map shall not, in and of 6
itself, constitute or be deemed t o constitute the opening or 7
establishment of any street nor the taking or acceptance of 8
any land for street purposes. The Council may in the same 9
manner place upon the official map the location of existing or 10
planned parks or other public open spaces. 11
(b) Provide that no permit shall be issued for any building 12
or structure or any part thereon on any land located between 13
the mapped lines of a street as shown on the official map. 14
Thereafter, all street locations on final or recorded plats of 15
subdivisions or plats adopted by Council under the provisions 16
of chapter 278 of NRS, as amended from time to time, shall 17
be deemed additions to or modifications of the official map 18
and shall be placed thereon. The Council may by ordinance 19
make, from time to time, other ad ditions to or modifications 20
of the official map by placing thereon the location of 21
proposed streets, street extensions, widenings, narrowings or 22
vacations. Any such proposed addition to or modification of 23
the official map shall be referred to the City Plan ning 24
Commission for its approval, but if the Planning Commission 25
disapproves or fails to act within 30 days, the Council by a 26
majority vote of its members may overrule such disapproval. 27
2. [The] Any ordinance adopted by the City Council 28
[shall carry out ] related to planning or zoning must comply 29
with the provisions of NRS 268.413 and chapter 278 of NRS, 30
as amended from time to time. 31
Sec. 53. Section 2.110 of the Charter of the City of Reno, 32
being chapter 662, Statutes of N evada 1971, as last amended by 33
chapter 237, Statutes of Nevada 2003, at page 1254, is hereby 34
amended to read as follows: 35
Sec. 2.110 Uniform codes: Procedure for adoption. 36
Except as otherwise provided in chapter 278 of NRS and 37
NRS 268.413 and 707.375, a uniform building, plumbing, 38
electrical, health, traffic or fire code, or any other uniform 39
code, printed in book or pamphlet form, or any portion 40
thereof, with such changes as may be necessary to make the 41
code applicable to conditions in the City, and with such other 42
changes as may be desirable, may be adopted in an ordinance 43
by reference thereto. Copies of the code, with such changes, 44
if any, must be filed for use and examination by the public in 45

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the Office of the Clerk at least 1 week before the passage o f 1
the ordinance adopting the code. 2
Sec. 54. Section 2.090 of the Charter of the City of Sparks, 3
being chapter 470, Statutes of Nevada 1975, as last amended by 4
chapter 325, Statutes of Nevada 2005, at page 1144, is hereby 5
amended to read as follows: 6
Sec. 2.090 Powers of City Council: General areas. 7
[The] Except as otherwise provided in NRS 268.413 and 8
chapter 278 of NRS, the City Council may exercise any 9
power specifically granted in this Charter or by any of the 10
provisions of Nevada Revised Statutes not in conflict with 11
this Charter, in order to: 12
1. Except as otherwise provided in NRS 598D.150 and 13
640C.100, license all bus inesses, trades and professions for 14
purposes of regulation and revenue. 15
2. Enact and enforce fire ordinances. 16
3. Regulate the construction and maintenance of any 17
building or other structure within the City. 18
4. Provide for safeguarding of public health in the City. 19
5. Zone and plan the City, including the regulation of 20
subdivision of land, as prescribed by chapter 278 of NRS. 21
6. Acquire, control, lease, dedicate, sell and convey 22
rights-of-way, parks and other real property. 23
7. Except as otherwise provided in NRS 707.375, 24
regulate vehicular traffic and parking of vehicles. 25
8. Establish and maintain a sanitary sewer system. 26
9. Condemn property within the territorial limits of the 27
City, as well as property outside the territorial limits of the 28
City, in the manner prescribed by chapter 37 of NRS. 29
10. Regulate, prescribe the location for, prohibit or 30
suppress all businesses selling alcoholic liquors at wholesale 31
or retail. 32
11. Regulate, prescribe the location for, prohibit or 33
suppress gaming of all kinds. 34
Sec. 55. Section 2.170 of the Charter of the City of Wells, 35
being chapter 275, Statutes of Nevada 1971, as amended by chapter 36
391, Statutes of Nevada 1999, at page 186 3, is hereby amended to 37
read as follows: 38
Sec. 2.170 Powers of Board of Council Members: Fire 39
protection; regulation of explosives, inflammable materials; 40
fire codes and regulations. The Board of Council Members 41
may: 42
1. Organize, regulate and maintain a Fire Department. 43
2. Provide for the a ppointment of a Fire Chief and 44
prescribe his or her duties. 45

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3. Regulate or prohibit the storage of any explosive, 1
combustible or inflammable material in or transported 2
through the City, and prescribe the distance from any 3
residential or commercial area w here it may be kept. Any 4
ordinance adopted pursuant to this subsection that regulates 5
places of employment where explosives are stored must be at 6
least as stringent as the standards and procedures adopted by 7
the Division of Industrial Relations of the Depa rtment of 8
Business and Industry pursuant to NRS 618.890. 9
4. [Establish,] Except as otherwise provided in NRS 10
268.413 and chapter 278 of NRS, establish by ordinance, a 11
fire code and other regulations necessary to carry out the 12
purposes of this section. 13
Sec. 56. Section 2.190 of the Charter of the City of Wells, 14
being chapter 275, Statutes of Nevada 1971, at page 463, is hereby 15
amended to read as follows: 16
Sec. 2.190 Powers of Board of Council Members: 17
Buildings; construction and maintenance regulations; 18
building and safety codes. [The] Except as otherwise 19
provided in NRS 268.413 and chapter 278 of NRS, the 20
Board of Council Members may: 21
1. Regulate all matters relating to the construction, 22
maintenance and safet y of buildings, structures and property 23
within the City. 24
2. Adopt any building or safety code necessary to carry 25
out the provisions of this section and establish such fees as 26
may be necessary. 27
Sec. 57. Section 2.200 of th e Charter of the City of Wells, 28
being chapter 275, Statutes of Nevada 1971, at page 463, is hereby 29
amended to read as follows: 30
Sec. 2.200 Powers of Board of Council Members: 31
Zoning and planning. 32
[1. The] Except as otherwise provided in NRS 268.413 33
and chapter 278 of NRS, the Board of Council Members 34
may: 35
[(a)] 1. Divide the City into districts and regulate and 36
restrict the erection, construction, reconstruction, alteration, 37
repair or use of buildings, structures or land within such 38
districts. 39
[(b)] 2. Establish and adopt ordinances and regulations 40
relating to the subdivision of land. 41
[2. The Board of Council Members shall carry out the 42
provisions of subsection 1 in the manner prescribed by 43
chapter 278 of NRS, as amended from time to time.] 44

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Sec. 58. Section 2.160 of the Charter of the City of Yerington, 1
being chapter 465, Statutes of Nevada 1971, as amended by chapter 2
391, Statutes of Nevada 1999, at page 1863, is hereby amended to 3
read as follows: 4
Sec. 2.160 Powers of City Council: Fire protection; 5
regulation of explosives, inflammable materials; fire codes 6
and regulations. The City Council may: 7
1. Organize, regulate and maintain a Fire Department. 8
2. Provide for the appointment of a Fire Chief and 9
prescribe his or her duties. 10
3. Regulate or prohibit the storage of any explosive, 11
combustible or inflammable material in or transported 12
through the City, and prescribe the distance from any 13
residential or commercial area where it may be kept. Any 14
ordinance adopte d pursuant to this subsection that regulates 15
places of employment where explosives are stored must be at 16
least as stringent as the standards and procedures adopted by 17
the Division of Industrial Relations of the Department of 18
Business and Industry pursuant to NRS 618.890. 19
4. [Establish,] Except as otherwise provided in NRS 20
268.413 and chapter 278 of NRS, establish by ordinance, a 21
fire code and other regulations necessary to carry out the 22
purposes of this section. 23
Sec. 59. Section 2.180 of the Charter of the City of Yerington, 24
being chapter 465, Statutes of Nevada 1971, at page 907, is hereby 25
amended to read as follows: 26
Sec. 2.180 Powers of City Council: Buildings; 27
construction and maintenance regulations; building and safety 28
codes. [The] Except as otherwise provided in NRS 268.413 29
and chapter 278 of NRS, the City Council may: 30
1. Regulate all matters relating to the construction, 31
maintenance and safety of buildings, structures and property 32
within the City. 33
2. Adopt any building or safety code necessary to carry 34
out the provisions of this section and establish such fees as 35
may be necessary. 36
Sec. 60. Section 2.190 of the Charter of the City of Yerington, 37
being chapter 465, Statutes of Nev ada 1971, at page 907, is hereby 38
amended to read as follows: 39
Sec. 2.190 Powers of City Council: Zoning and 40
planning. 41
[1. The] Except as otherwise provided in NRS 268.413 42
and chapter 278 of NRS, the City Council may: 43
[(a)] 1. Divide the City into districts and regulate and 44
restrict the erection, construction, reconstruction, alteration, 45

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repair or use of buildings, structures or land within such 1
districts. 2
[(b)] 2. Establish and adopt ordinances and regulations 3
relating to the subdivision of land. 4
[2. The City Council shall carry out the provisions of 5
subsection 1 in the manner prescribed by chapter 278 of NRS, 6
as amended from time to time.] 7
Sec. 61. 1. The Administrator of the Housing Division of the 8
Department of Business and Industry shall appoint a task force to 9
study issues relating to housing during the 2025 -2026 interim. The 10
study: 11
(a) Must include, without limitation, an analysis of whether 12
existing planning, zoning and land -use ordinances adopted by loca l 13
governments in this State are a barrier to the development of 14
housing; and 15
(b) May include any other issue relating to housing. 16
2. Membership on the task force must include, without 17
limitation: 18
(a) One member who is a policy expert in issues relating to 19
affordable housing; 20
(b) One member who is a policy expert in planning, zoning and 21
land use; 22
(c) One member who is an advocate for affordable housing; 23
(d) One member who represents the housing construction 24
industry; 25
(e) One member who represents a county in this State; 26
(f) One member who represents a city in this State; 27
(g) One member who represents the general public; and 28
(h) Any other person who has expertise that the Administrator of 29
the Housing Division finds would be helpful to the task force. 30
3. On or before February 1, 2027, the task force appointed 31
pursuant to subsection 1 shall submit a report of its finding s and 32
recommendations to the Director of the Legislative Counsel Bureau 33
for transmittal to the 84th Session of the Legislature. 34
4. The Housing Division shall provide administrative support 35
to the task force appointed pursuant to subsection 1. 36
Sec. 62. Any ordinance, regulation, rule, building code, 37
housing code or fire code enacted or adopted by a c ounty or city 38
before, on or after October 1, 2025, which conflicts with the 39
provisions of this act is void. 40
Sec. 63. The provisions of NRS 354.599 do not apply to any 41
additional expenses of a local government that are relat ed to the 42
provisions of this act. 43
Sec. 64. 1. This section and section 63 of this act become 44
effective upon passage and approval. 45

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2. Sections 1 to 62, inclusive, of this act become effective: 1
(a) Upon passage and approval for the purpose of adopting any 2
regulations and performing any other preparatory administrative 3
tasks that are necessary to carry out the provisions of this act; and 4
(b) On October 1, 2025, for all other purposes. 5

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