Existing law authorizes a board of county commissioners or a governing body of an incorporated city, with certain exceptions, to exercise all powers necessary or proper to address matters of local concern for the effective operation of county or city government, as applicable, whether or not the powers are expressly granted to the board or governing body. (NRS 244.146, 268.0035) Existing law defines “matter of local concern” to include planning, zoning, development and redevelopment. (NRS 244.143, 268.003) Sections 2 and 6 of this bill eliminate planning, zoning, development and redevelopment from the definition of “matter of local concern.” As a result, the board of county commissioners or the governing body of a city will not have authority to regulate planning, zoning, development and redevelopment as a matter of local concern. Sections 1 and 5 of this bill prohibit a board of county commissioners or the governing body of an incorporated city from enacting any ordinance or measure that imposes rent control. Existing law sets forth certain powers and duties of governing bodies of cities and counties relating to planning and zoning. (Chapter 278 of NRS) Sections 9-14 of this bill impose certain restrictions on those powers and duties. Section 9 requires notwithstanding any health, safety, building or fire code adopted by the governing body, each governing body of a city or county to, by ordinance, authorize: (1) single-staircase apartment buildings of not more than five stories; and (2) single-room occupancy housing. Section 10: (1) prohibits a governing body of a city or county from adopting an ordinance that prohibits multi-family housing or mixed-use development in any area zoned for commercial use; and (2) requires a governing body to authorize by ordinance the conversion of any commercial building into multi-family housing. Section 11 requires a governing body of a city or county to authorize, in any area that is zoned for residential use, the development of multi-family housing. Section 12 prohibits the governing body of a city or county from imposing any of the following restrictions on the zoning or development of residential housing: (1) minimum parking requirements; (2) height restrictions; (3) minimum lot size; (4) setback requirements; and (5) limitations on square footage. Section 12 also prohibits a governing body from limiting residential or commercial development by creating any urban growth boundary. Section 13 requires each governing body of a county and each governing body of a city to adopt an ordinance to authorize, under certain circumstances, the owner of a single-family residential property to add an accessory dwelling unit to the single family-residential property. Section 14 requires each governing body of a county and each governing body of a city to establish an expedited process for the by-right development of residential housing, including multi-family housing. The expedited process must provide that any proposed project for the development of residential housing will be approved by the county or city, as applicable, without any discretionary review or discretionary approval if the proposed project is consistent with all applicable zoning ordinances, building codes, housing codes and other applicable ordinances and codes. Section 18 of this bill eliminates the authority for a governing body to prohibit factory-built housing in a specified area if the area contains a building, structure or other object having a special character or special historical interest or value. (NRS 278.0209) Existing law requires the governing body of a county whose population is 100,000 or more (currently only Clark and Washoe Counties) or the governing body of a city whose population is 150,000 or more (currently the cities of Henderson, Las Vegas, North Las Vegas and Reno) to regulate tiny houses, including: (1) designating at least one zoning district in which a tiny house may be located and classified as an accessory dwelling unit; (2) designating at least one zoning district in which a tiny house may be located and classified as a single-family residential unit; and (3) designating at least one zoning district in which a tiny house may be located in a tiny house park. (NRS 278.253) Section 23 of this bill provides instead that in an ordinance relating to the zoning of land adopted or amended by such a governing body the definition of “single-family residence” must include tiny houses. Section 23 applies to all counties and cities regardless of population. Section 24 of this bill makes a conforming change relating to the limitation of the authority of the governing body of a city or county to restrict minimum lot size. Subject to certain limitations, existing law authorizes the governing body of a county or city to: (1) regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county; and (2) adopt any necessary building, electrical, housing, plumbing or safety code. (NRS 244.3675, 268.413) Sections 4 and 7 of this bill provide that such authority is also subject to the limitations set forth in sections 9-14. Existing law authorizes and empowers the governing bodies of cities and counties to regulate and restrict the improvement of land and to control the location and soundness of structures. (NRS 278.020) Section 15 of this bill provides that such restrictions, regulations and control must comply with any restriction on the powers of cities and counties set forth in certain provisions of law. Existing law sets forth the requirements for a master plan, which may be made the basis for the physical development of a city or county, as applicable. (NRS 278.160) Section 21 of this bill provides that the provisions of sections 9-14 are an exception to this authority. Existing law requires, under certain circumstances, that in a county whose population is 100,000 or more but less than 700,000 (currently only Washoe County) any provision of the master plan governs any action taken in regard to an application for development. (NRS 278.0284) Section 20 of this bill provides instead that any provision of the master plan that is not consistent with the provisions of sections 9-14 does not govern any action taken in regard to an application for development. Existing law authorizes the governing body of a city or county to divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out provisions of law relating to planning and zoning. Within the 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 22 of this bill provides exceptions to the powers and duties to account for the limitations on the planning and zoning powers set forth sections 9-14. Sections 26-60 of this bill make changes to each existing city charter to account for the limitations set forth in sections 7 and 9-14 on the power of the governing body of a city to adopt certain building codes and regulate planning and zoning. Section 61 of this bill requires the Administrator of the Housing Division of the Department of Business and Industry to appoint a task force to study issues relating to housing during the 2025-2026 interim. Section 62 of this bill voids any ordinance, regulation, building code, housing code or fire code enacted or adopted by a county or city before, on or after October 1, 2025, which conflicts with the provisions of this bill.

Statutes affected:
As Introduced: 244.143, 244.3603, 244.3675, 268.003, 268.413, 278.020, 278.0201, 278.02073, 278.0209, 278.0274, 278.0284, 278.160, 278.250, 278.253, 278.320, 278A.470
BDR: 244.143, 244.3603, 244.3675, 268.003, 268.413, 278.020, 278.0201, 278.02073, 278.0209, 278.0274, 278.0284, 278.160, 278.250, 278.253, 278.320, 278A.470