AB 213 — Revises provisions governing residential zoning. (BDR 22-250)

3.

As used in this section, “market rate housing” means housing for a household which has a total monthly gross income that is more than the total monthly gross income that would allow the household to qualify for affordable housing.

278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 1.3 and 1.6 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to - *AB213_R1* – 5 – 278.0195, inclusive, have the meanings ascribed to them in those sections.

Any application submitted to a governing body or its designee that concerns any matter relating to land use planning pursuant to NRS 278.010 to 278.630, inclusive, and sections 1.3 and 1.6 of this act, or any ordinance, resolution or regulation adopted- pursuant82nd thereto,Session may(2023) not– be5 accepted– by the governing body or its designee if the application is incomplete.incomplete.overning 2.

2.The governing body or its designee shall, within [3] 10 working days after receiving an application of the type described in subsection 1:

The governing body or its designee shall, within 3 working days after receiving an application of the type described in subsection 1:

and (2) [If requested by the applicant, provide] Provide to the applicant a copy of the relevant provision of the ordinance, resolution or regulation which specifically requires the additional information or an explanation of why the additional information is necessary.nec3.sarIf a governing body or its designee fails to comply with the provisions of subsection 2, the application shall be deemed to be complete.

3.

If a governing body or its designee fails to comply with the provisions of subsection 2, the application shall be deemed to be complete.

Once an applicant submits a corrected application in response to a notice of incompleteness provided pursuant to subsection 2, the governing body or its designee shall review and respond to the corrected application within 35 working days.

6.(a) “Application” does not include an application for a building permit.

As(b) used“Designee” in this section, “designee” means any division, department or agency of a governing body with jurisdiction over land use planning, improvement planning, permitting, inspection, zoning, roadways, utilities, public health, water, sewer, drainage, traffic control and public works.

- *AB213_R1* – 6 – Sec.

(Deleted by amendment.) Sec.- 82nd Session (2023) – 6 – 278.235 1.NRS 2If the governing body of a city or county is required to include the housing element in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing element pursuant to subparagraph (8) of paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:

5.

NRS 278.235 is hereby amended to read as follows:

278.235 1.

If the governing body of a city or county is required to include the housing element in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing element pursuant to subparagraph (8) of paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:

(b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of affordable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passedNothing onin this paragraph authorizes a city or county to obtain land pursuant to the purchaserpower of housingeminent indomain suchfor athe development.purposes set forth in this paragraph.

Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.

(g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing affordable housing.

- *AB213_R1*82nd Session (2023) – 7 – (i) Providing financial incentives or density bonuses to promote appropriate transit-oriented or multi-story housing developmentsdevelopmentsote that would include an affordable housing component.

A governing body may reduce or subsidize impact fees, fees for the issuance of building permits or fees imposed for the purpose for which an enterprise fund was created to assist in maintaining or developing(a) aof projectsubsection for1, affordableonly if:rdable housing, pursuant to paragraph (a) When the incomes of subsectionall 1,the onlyresidents if:of the project for affordable housing are averaged, the housing would be affordable on average for a family with a total gross income that does not exceed 60 percent of the median gross income for the county concerned based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county.

(a) When the incomes of all the residents of the project for affordable housing are averaged, the housing would be affordable on average for a family with a total gross income that does not exceed 60 percent of the median gross income for the county concerned based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county.

(c) The project for affordable housing satisfies the criteria set forthfor(d) inThe governing body makes a determination that reducing or subsidizing such fees will not impair adversely the ordinanceability adoptedof pursuantthe governing body to paragraphpay, (b).when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from such fees was pledged.

(d) The governing body makes a determination that reducing or subsidizing such fees will not impair adversely the ability of the governing body to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from such fees was pledged.

- 82nd Session (2023) – 8 – 3.

On or before [January] July 15 of each year, the governing body shall submit to the Housing Division of the Department of - *AB213_R1* – 8 – Business and Industry a report, in the form prescribed by the Housing Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing affordable housing to meet the needs of the community for the preceding year.

The report must include an analysis of the need for affordable housing within the city or county that exists at the end of the reporting periodperiod. .

The commission, its designated representative, the clerk or other designated representative of the governing body or, when authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies and persons charged with reviewing the proposed subdivision.

- 82nd Session (2023) – 9 – 6.

-(a) *AB213_R1*In –a 9county –whose (a)population is 700,000 or more, or in any cit(b) In a county whose population is 700,000less orthan more,700,000, or in any city within such county, within 4560 days;days,  after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349.

or (b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,  after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349.

(a) In a county whose population is 700,000 or more, or in any cit(b) In a county whose population is less than 700,000, or in any city within such county, within 4560 days;days,  after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map.

or (b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,  after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map.

or (b)- In82nd aSession county(2023) whose– population10 is– less than 700,000, or in any city within such county, within 60 days,days,ess than 700,000, or in any  after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 3 of NRS 278.461, review and approve, conditionally - *AB213_R1* – 10 – approve or disapprove the parcel map.

The planning commission and the governing body or director of planning or other authorized person or agency shall not approve the parcel map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923, if applicable, by thethe5.ersExcept personas proposingotherwise toprovided dividein theNRS land278.463, orif anyunusualerest. successor in interest.

5.circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map.

Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map.

6.authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning- commission82nd maySession appeal(2023) the– decision11 in– accordance with the ordinance adopted pursuant to NRS 278.3195.278.3195.accordance with 8.

8.

A certificate attached to a parcel map - *AB213_R1* – 11 – pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in accordance with NRS 278.480.

Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized - 82nd Session (2023) – 12 – representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.278.3195.ccordance 4.

4.If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.

If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the - *AB213_R1* – 12 – reason for its action and a statement of the changes necessary to render the map acceptable.

(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body maymay(b) acceptOffer into wholegrant orthe ineasements partshown atfor anypublic timeutilities,. or from time to time.

(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing- body82nd orSession planning(2023) commission– determined13 that– a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.

- *AB213_R1* – 13 – (1) Each owner of record of the land to be divided;

(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map.

A county recorder who records a final map pursuant to this section shall, within 7 working days after he or she records the final map,map(a) provideA toduplicate copy of the countyfinal assessormap atand noany charge:supporting documents;

(a) A duplicate copy of the final map and any supporting documents;

- 82nd Session (2023) – 14 – (a) An expedited process for the consideration and approval of projects for affordable housing in the county or city, as applicable.

(b) Incentives for the development of projects for affordable housing in the county or city, as applicable, that encourage the use of the expedited process required pursuant to paragraph (a).

-the *AB213_R1*use – 14 – 2.

By considering and adopting the amendments to the provisions of NRS 278.02327 pursuant to section 3 of this act, the Legislature recognizes the importance of an efficient and expeditious process for the review of land use applications and improvement plans.

This section and sections 1,1 1.6 and 21.6 to 15, inclusive, of this act become effective on July 1, 2023.

H~~~~~ 23 - *AB213_R1*82nd Session (2023)