Section 1 of this bill requires the governing body of a county whose population is 100,000 or more (currently Clark and Washoe Counties) or the governing body of a city whose population is 60,000 or more (currently the Cities of Las Vegas, Henderson, North Las Vegas, Reno and Sparks) to adopt an ordinance that authorizes the owner of any historic residential property to apply to add an accessory dwelling unit to the historic residential property. Section 1 further requires such ordinance to: (1) set forth an expedited process for the approval of the application and any appeal of the denial of such an application; (2) require that an accessory dwelling unit that is added to a historic residential property meet all applicable building codes, housing codes and any other codes regulating the health or safety of occupants of real property; (3) require that the owner of an accessory dwelling unit that is added to a historic residential property pursuant to the ordinance use the accessory dwelling unit for family members or long-term rental housing; and (4) prohibit the owner of the accessory dwelling unit from renting the accessory dwelling unit as transient lodging or any other short-term housing or from accepting for the payment of rent for the unit any financial assistance received under the Housing Choice Voucher Program, commonly known as “section 8 vouchers.” For purposes of section 1, a “historic residential property” means a property: (1) that is located in an area of the county or city, as applicable, zoned for single-family residential use; (2) that is not located within a common-interest community; and (3) on which there is an existing single-family residential unit that is at least 50 years old. Existing law authorizes the governing body of a county or city to divide the county, city or region into zoning districts of such number, shape and area as are best suited to carry out certain purposes. Within a zoning district, the governing body may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. (NRS 278.250) Section 4 of this bill creates an exception to account for the requirement that the governing body of certain counties and cities adopt an ordinance to allow the addition of an accessory dwelling unit to a historic residential property pursuant to section 1. Existing law requires that an action or proceeding seeking judicial relief or review from or with respect to any final action, decision or order of any governing body of a county or city be commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body. (NRS 278.0235) Section 3 of this bill applies these provisions to section 1. Section 2 of this bill makes a conforming change to apply the definitions of certain terms relating to planning and zoning to section 1.

Statutes affected:
As Introduced: 278.010, 278.0235, 278.250