Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 278.250 - Zoning districts and regulations1. For the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district, it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.2. The zoning regulations must be adopted in accordance with the master plan for land use and be designed:(a) To preserve the quality of air and water resources.(b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.(c) To consider existing views and access to solar resources by studying the height of new buildings which will cast shadows on surrounding residential and commercial developments.(d) To reduce the consumption of energy by encouraging the use of products and materials which maximize energy efficiency in the construction of buildings.(e) To provide for recreational needs.(f) To protect life and property in areas subject to floods, landslides and other natural disasters.(g) To conform to the adopted population plan, if required by NRS 278.170.(h) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including public access and sidewalks for pedestrians, and facilities and services for bicycles.(i) To ensure that the development on land is commensurate with the character and the physical limitations of the land.(j) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.(k) To promote health and the general welfare.(l) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.(m) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods and, in counties whose population is 700,000 or more, the protection of historic neighborhoods.(n) To promote systems which use solar or wind energy.(o) To foster the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.3. The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.4. In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.5. As used in this section:(a) "Density bonus" means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.(b) "Inclusionary zoning" means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.(c) "Minimum density zoning" means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.[13:110:1941; 1931 NCL § 5063.12]-(NRS A 1973, 1244, 1828; 1977, 1016; 1991, 2232; 1995, 2228; 1999, 2128, 3369; 2005, 1592, 1822; 2007, 347; 2009, 2766; 2011, 1186; 2013, 3223; 2021, 1527)Amended by 2021, Ch. 283,§7, eff. 1/1/2024.Amended by 2013, Ch. 504,§43, eff. 7/1/2013.[13:110:1941; 1931 NCL § 5063.12 ] - (NRS A 1973, 1244, 1828; 1977, 1016; 1991, 2232; 1995, 2228; 1999, 2128, 3369; 2005, 1592, 1822; 2007, 347; 2009, 2766; 2011, 1186)