Assembly Bill No. 76

Assembly Bill No. 76-Committee on Government Affairs

January 27, 1997
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Referred to Committee on Government Affairs

SUMMARY--Prohibits local government from adopting ordinance relating to zoning that prohibits or restricts residential developments based on certain characteristics of occupants. (BDR 22-18)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to land use; prohibiting a local government from adopting an ordinance that prohibits or restricts residential developments based on certain characteristics of the occupants; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. "Low or moderate levels of income" means a total gross income less than 110 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 income for the county.
Sec. 3. 1. Except as otherwise provided in subsection 2 and section 4 of this act, a governing body shall not enact or enforce in any manner an ordinance, resolution or regulation that prohibits a residential development or that imposes different requirements on a residential development than the requirements imposed on other developments in the same area because:
(a) Of the race, sex, religion, ethnicity, national origin, disability, lawful occupation or age of the intended occupants of the residential development;
(b) The residential development is subsidized, financed, insured or otherwise assisted by a local government, the state or the Federal Government; or
(c) The residential development is intended to provide affordable housing.
2. Nothing in this section prohibits a governing body from extending preferential treatment to a residential development that is intended to provide affordable housing. Preferential treatment may include, without limitation:
(a) Reducing or waiving a fee or other requirement that the governing body would otherwise impose on the residential development;
(b) Imposing less restrictive requirements relating to the parking of vehicles at or adjacent to the site of the residential development; and
(c) Authorizing an increase in the number of dwelling units per acre in the residential development to a density greater than that prescribed in the otherwise applicable zoning regulations of the governing body, if that density does not exceed the density prescribed in the master plan.
Sec. 4. 1. A governing body shall not disapprove a residential development that is intended to provide affordable housing or impose restrictions which have a substantial adverse effect on the viability or affordability of such a residential development unless it finds, based on substantial evidence, that:
(a) The residential development, as proposed, would have a specific adverse effect on the public health, safety or welfare and there is no feasible method by which to mitigate or avoid satisfactorily the specific adverse effect without rendering the development unaffordable to households with low or moderate levels of income;
(b) The disapproval or restriction is required to comply with a specific state or federal law and there is no feasible method by which to comply with the law without rendering the development unaffordable to households with low or moderate levels of income;
(c) Approval of the residential development as proposed would increase the concentration of units of affordable housing in a neighborhood that already has a disproportionately high number of units of affordable housing and there is no feasible method by which to approve the development at a different site without rendering the development unaffordable to households with low or moderate levels of income; or
(d) The residential development as proposed is inconsistent with the master plan for the area as it existed on the date the application of the residential development was determined to be complete.
2. If a governing body disapproves a residential development that is intended to provide affordable housing or imposes restrictions which have a substantial adverse effect on the viability or affordability of such a residential development and the disapproval of the development or imposition of restrictions on the development is the subject of a court action, the governing body bears the burden of proof to show that its decision is consistent with the findings required pursuant to subsection 1.
3. If a proposed residential development complies with the applicable master plan and policies relating to zoning and development which are in effect at the time that the application of the residential development is determined to be complete, the governing body shall not disapprove the residential development or require the residential development to be developed at a lower density unless it sets forth written findings supported by substantial evidence that:
(a) The residential development will have a specific adverse effect on the public health, safety or welfare unless the governing body disapproves the development or requires it to be developed at a lower density; and
(b) Disapproving the residential development or requiring it to be developed at a lower density is the only feasible method by which the governing body can mitigate or avoid satisfactorily the adverse effect identified in paragraph (a).
4. Nothing in this section prohibits a governing body from:
(a) Requiring the residential development to comply with written standards, conditions and policies for development which are appropriate for and consistent with meeting the objectives of the applicable master plan;
(b) Imposing fees and other payments authorized by law which are essential to provide necessary public services and facilities to the residential development; or
(c) Requiring the residential development to provide adequate assurances that the residential development will be sold or rented as affordable housing.
Sec. 5. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 278.0105 is hereby amended to read as follows:
278.0105 "Affordable housing" means housing that is affordable for [a family with a total gross income less than 110 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.] households which have low or moderate levels of income.
Sec. 7. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.