NRS
278.250 Zoning districts and regulations.
1. 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. Except as otherwise
provided in NRS 278.02071, 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 attainable
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 attainable 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 attainable 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; 2025,
1078, 2378)
Notes of Decisions
S. Nevada Homebuilders Ass'n v. Clark Cnty., 117 P.3d 171 (Nev. 2005).
· cites it 2× “Clark County and the citizens groups argue that NRS 278.250(4) and NRS 278.260(1) authorize the County Commissioners to impose supermajority approval requirements because they broadly grant the governing body power over zoning issues; 12 however, neither provision expressly…”
City of Reno v. Citizens for Cold Springs, 236 P.3d 10 (Nev. 2010).
· cites it 3× “” In addition, NRS 278.250(2) states that “zoning regulations must be adopted in accordance with the master plan for land use.”
Kay v. Nunez, 146 P.3d 801 (Nev. 2006).
“NRS Chapter 278 authorizes the Board to enact a waiver of development standards procedure With regard to Kay’s challenge to the Board’s authority to waive development standards, NRS 278.250(1) states, “Within the zoning district, [the Board] may regulate and restrict the…”
Serpa v. Cnty. of Washoe, 901 P.2d 690 (Nev. 1995).
· cites it 3× “See NRS 278.250; NRS 278.0278. County governments are vested with discretion to the extent that a county government can independently define “orderly physical growth and development.”
Cnty. of Clark v. Doumani, 952 P.2d 13 (Nev. 1998).
“In Enterprise Citizens this court stated that NRS 278.250 governs many aspects of planning and zoning and provides not only for the adoption of master plans, but also for zoning in accordance with an adopted master plan.”
Am. West Dev., Inc. v. City of Henderson, 898 P.2d 110 (Nev. 1995).
· cites it 3× “Without overruling the above authority on the vesting of a developer’s rights in a proposed project, this court held, pursuant to NRS 278.250(2), 1 that “municipal entities must adopt zoning regulations that are in substantial agreement with the master plan.”
Flick Theater, Inc. v. City of Las Vegas, 752 P.2d 235 (Nev. 1988).
· cites it 2× “020 and NRS 278.250. 3 These state statutes do not constitute a comprehensive statutory scheme which purports to regulate the location of sexually oriented businesses throughout the state and do not indicate any attempt by the state to occupy the field.”
— Nev. Rev. Stat. § 278.250(1) — 5 cases
Kay v. Nunez, 146 P.3d 801 (Nev. 2006).
“NRS Chapter 278 authorizes the Board to enact a waiver of development standards procedure With regard to Kay’s challenge to the Board’s authority to waive development standards, NRS 278.250(1) states, “Within the zoning district, [the Board] may regulate and restrict the…”
Serpa v. Cnty. of Washoe, 901 P.2d 690 (Nev. 1995).
“See NRS 278.250; NRS 278.0278. County governments are vested with discretion to the extent that a county government can independently define “orderly physical growth and development.”
Flick Theater, Inc. v. City of Las Vegas, 752 P.2d 235 (Nev. 1988).
“020 and NRS 278.250. 3 These state statutes do not constitute a comprehensive statutory scheme which purports to regulate the location of sexually oriented businesses throughout the state and do not indicate any attempt by the state to occupy the field.”
— Nev. Rev. Stat. § 278.250(2) — 5 cases
Am. West Dev., Inc. v. City of Henderson, 898 P.2d 110 (Nev. 1995).
“Without overruling the above authority on the vesting of a developer’s rights in a proposed project, this court held, pursuant to NRS 278.250(2), 1 that “municipal entities must adopt zoning regulations that are in substantial agreement with the master plan.”
— Nev. Rev. Stat. § 278.250(2)(a) — 1 case
Serpa v. Cnty. of Washoe, 901 P.2d 690 (Nev. 1995).
“See NRS 278.250; NRS 278.0278. County governments are vested with discretion to the extent that a county government can independently define “orderly physical growth and development.”
— Nev. Rev. Stat. § 278.250(2)(b) — 1 case
— Nev. Rev. Stat. § 278.250(2)(f) — 1 case
— Nev. Rev. Stat. § 278.250(2)(j) — 1 case
— Nev. Rev. Stat. § 278.250(3) — 1 case
— Nev. Rev. Stat. § 278.250(4) — 2 cases
S. Nevada Homebuilders Ass'n v. Clark Cnty., 117 P.3d 171 (Nev. 2005).
“Clark County and the citizens groups argue that NRS 278.250(4) and NRS 278.260(1) authorize the County Commissioners to impose supermajority approval requirements because they broadly grant the governing body power over zoning issues; 12 however, neither provision expressly…”
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