231 to Assembly Bill No.

131 Page 4 erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

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.] Existing federal law authorizes the Secretary of the United States Department of Housing and Urban Development to provide Choice Voucher Program.

(1) is rented or leased to a tenant receiving assistance under the Program pursuant to a lease which is for a period of not less than 12 consecutive months;

(2) is located on the same parcel as a single-familysssingle-family residence which is the primary residence of the owner of the accessory dwelling unit;

Section 6 requires a person claiming the exemption to annuallypublic filehousing withauthority; the county assessor:

(1)and certain(2) a copy of the lease.

- *AB131_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(Deleted[Chapter 278 of NRS is hereby amended by amendment.)adding Sec.thereto a new section to read as follows:

1.

The governing body of a county whose population is 100,000 or more or the governing body of a city whose population is 60,000 or more shall 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.

(DeletedThe byordinance amendment.)adopted Sec.pursuant to subsection 1 must:

(a) Set forth an expedited process for:

(1) The appropriate staff of the planning department of the county or city to process and determine whether to approve an application from an owner of any historic residential property to add an accessory dwelling unit to the historic residential property;

and (2) An owner of any historic residential property to appeal to the governing body any denial of an application to add an accessory dwelling unit to the historic residential property;

(b) Require that any accessory dwelling unit that is added to a historic residential property pursuant to the expedited process set forth in paragraph (a) meet all applicable building codes, housing codes and any other codes regulating the health or safety of occupants of real property;

(c) Require that the owner of an accessory dwelling unit that is added to a historic residential property pursuant to the expedited process set forth in Assembly Amendment No.

231 to Assembly Bill No.

131 Page 5 paragraph (a) use the accessory dwelling unit for family members or long-term rental housing;

and (d) Prohibit the owner of an accessory dwelling unit that is added to a historic residential property pursuant to the expedited process set forth in paragraph (a) from:

(1) Renting the accessory dwelling unit as transient lodging or any other short-term housing;

or (2) Accepting for the payment of rent for the accessory dwelling unit any financial assistance that a person receives under the Housing Choice Voucher Program pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C.

§ 1437f.

(DeletedAny zoning regulation adopted by amendment.)the Sec.governing body pursuant to NRS 278.250 must allow the addition of an accessory dwelling unit to a historic residential property pursuant to the provisions of an ordinance adopted pursuant to this section.

(DeletedAs byused amendment.)in Sec.this section, “historic residential property” means a property:

(a) That is located in an area of the county or city, as applicable, zoned for single-family residential use;

(b) That is not located within a common-interest community;

and (c) On which there is an existing single-family residential unit that is at least 50 years old.] (Deleted by amendment.) Sec.

2.

[NRS 278.010 is hereby amended to read as follows:

278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.] (Deleted by amendment.) Sec.

3.

[NRS 278.0235 is hereby amended to read as follows:

278.0235 1.

No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board authorized by NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the action or proceeding is 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, commission or board.

2.

A petitioner or cross-petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 40 days after an action is commenced.

3.

The respondent or cross-petitioners shall serve and file a reply memorandum of points and authorities within 30 days after the service of the memorandum of points and authorities.

4.

The petition or cross-petitioner may serve and file a reply memorandum of points and authorities within 30 days after service of the reply memorandum.

(DeletedWithin by7 amendment.)days Sec.after the expiration of the time within which the petitioner is required to reply, any party may request a hearing.

Unless a request for hearing has been filed, the matter shall be deemed submitted.

All memoranda of points and authorities filed in proceedings involving petitions for judicial review must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure.

7.

The court, for good cause, may extend the times allowed in this section for filing memoranda.] (Deleted by amendment.) Sec.

4.

[NRS 278.250 is hereby amended to read as follows:

278.250 1.

For the purposes of NRS 278.010 to 278.630, inclusive, and section 1 of this act, the governing body may divide the city, county or region into Assembly Amendment No.

231 to Assembly Bill No.

131 Page 6 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 [.

Within] , and section 1 of this act.

Except as otherwise provided in section 1 of this act, 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 affordable 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 affordable housing.

Assembly Amendment No.

231 to Assembly Bill No.

131 Page 7 (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 affordable 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.] (Deleted by amendment.) Sec.

5.

[The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.] (Deleted by amendment.) Sec.

6.

(1) The person has entered into a housing assistance payment contract with the public housing authority to receive tenant-based assistance payments under the Housing Choice Vouche(2)Voucher TheProgram qualifiedfor tenant to whom the accessory dwelling unitunit; is rented or leased is receiving assistance under the Housing Choice Voucher Program pursuant to a written lease which is for a period of not less than 12 consecutive months;

(2) The qualified tenant to whom the accessory dwelling unit is rented or leased is receiving assistance under the Housing Choice Voucher Program pursuant to a written lease which is for a period of not less than 12 consecutive months;

- *AB131_R1* – 3 – 4.

(b)Assembly “HousingAmendment ChoiceNo. Voucher Program” means the federal tenant-based assistance program established under 42 U.S.C.

231 to Assembly Bill No.

131 Page 8 (b) “Housing Choice Voucher Program” means the federal tenant-based assistance program established under 42 U.S.C.

- *AB131_R1* – 4 – 1.

Will achieve a bona fide social or economic purpose and that the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive andenuerevenue from the tax from which the exemption would be granted;

and 2.

H - *AB131_R1*