With certain exceptions, existing law authorizes a board of county commissioners, the governing body of an incorporated city or a town board to regulate businesses. (NRS 244.335, 268.095, 269.170) Sections 1, 4 and 6 of this bill prohibit a board of county commissioners, the governing body of an incorporated city or a town board from adopting or enforcing an ordinance that: (1) prohibits a home-based business from operating in an area that is zoned for residential use; (2) with certain exceptions, regulates a home-based business in a manner that is different from any other business; or (3) imposes a tax on a home-based business that is different from other businesses. Sections 1, 4 and 6 authorize a board of county commissioners, the governing body of an incorporated city or a town board to adopt an ordinance that: (1) requires a home-based business to comply with local zoning requirements related to the parking of vehicles or trailers; (2) regulates the use of vehicles or trailers operated or parked at a home-based business or on a right-of-way; (3) regulates the parking or storage of certain vehicles, equipment or machinery; (4) requires external modifications made to a residential dwelling unit to conform to the residential character and architectural aesthetics of the neighborhood; (5) prohibits a home-based business from conducting retail transactions at certain locations on a residential property; or (6) subjects a home-based business to any relevant federal, state or local law that applies to a residential property that is not used to operate a home-based business. Sections 1, 4 and 6 further: (1) authorize any person who is adversely affected by the enforcement of an ordinance or regulation that violates sections 1, 4 or 6 to file suit in district court; (2) provide that nothing in sections 1, 4 or 6 shall be construed to supersede or preempt certain governing documents, covenants or restrictions, declarations or any federal, state or local law governing transient lodging; and (3) define the term “home-based business.” Section 8 of this bill provides that any ordinance, regulation or rule of a county, city or town which conflicts with the provisions of this bill is void and unenforceable. Sections 2, 5 and 7 of this bill make conforming changes to create exceptions to the general authority of a county, city or town to regulate businesses. Section 3 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

Statutes affected:
As Introduced: 244.335, 244.3525, 268.095, 269.170
BDR: 244.335, 244.3525, 268.095, 269.170