Nevada Administrative Code Chapter 278 - Planning and Zoning
Nevada Administrative Code – Chapter 278
Subject: Planning and Zoning
NAC Chapter 278 governs the administration, procedures, and standards for local planning and zoning in Nevada. Its goal is to provide a framework for orderly land use, protect public welfare, and ensure compliance with state and local land-use regulations.
1. Zoning Ordinances and Amendments
What it covers:
Local governments must adopt zoning ordinances to regulate land use, including permitted uses, building heights, setbacks, and density.
Key points:
Amendments or rezoning requests must follow a formal public process.
Public notice is required for hearings on changes to zoning maps or ordinances.
Approval may require findings of consistency with the comprehensive plan.
Why it matters:
Provides predictability for developers, residents, and local governments.
Ensures land use aligns with community goals and planning principles.
Example Application:
A developer requests to rezone agricultural land to residential. The planning commission holds a public hearing, evaluates compatibility with the master plan, and approves conditional rezoning.
2. Subdivision Approval and Platting
What it covers:
NAC 278 establishes procedures for subdividing land into parcels or lots.
Key points:
Subdivision proposals must include site plans, infrastructure plans, and utility arrangements.
Local authorities review compliance with zoning, environmental regulations, and building codes.
Approval is often conditional, requiring completion of streets, drainage, or other improvements.
Why it matters:
Ensures safe, organized, and accessible development.
Protects future residents and preserves public infrastructure standards.
Example Application:
A property owner proposes a new housing development with 50 lots. The city reviews the subdivision map, ensures proper road access and utilities, and issues conditional approval pending construction of roads and drainage systems.
3. Conditional Use Permits
What it covers:
Certain land uses require conditional use permits (CUPs) to operate in zones where they are not automatically permitted.
Key points:
CUPs are evaluated for compatibility with surrounding land uses, traffic impacts, and environmental concerns.
Public notice and hearings are typically required.
Conditions may be imposed to mitigate negative impacts (e.g., landscaping, noise restrictions).
Why it matters:
Balances flexibility in land use with protection of neighborhoods and the environment.
Example Application:
A restaurant owner wants to operate in a residential zone. The planning commission grants a CUP with conditions including limited operating hours and additional parking to reduce traffic impacts.
4. Variances and Exceptions
What it covers:
NAC 278 allows for variances or exceptions to zoning regulations under certain circumstances.
Key points:
Applicants must demonstrate unique hardships or unusual circumstances that make compliance impractical.
Variances cannot violate the intent of the zoning ordinance or negatively impact neighboring properties.
Decision-making often includes public hearings and detailed findings.
Why it matters:
Provides flexibility while preserving overall planning objectives.
Prevents unnecessary hardship for property owners.
Example Application:
A homeowner wants to build a garage closer to the property line than allowed by the zoning ordinance. They apply for a variance, showing that strict compliance would prevent reasonable use of the property. The board grants the variance.
5. Enforcement and Penalties
What it covers:
NAC 278 defines enforcement mechanisms for zoning violations and noncompliance.
Key points:
Local governments may issue notices of violation, stop-work orders, or fines.
Repeat or egregious violations can lead to legal action or demolition of illegal structures.
Enforcement ensures consistency and adherence to zoning and planning standards.
Why it matters:
Protects public health, safety, and property values.
Maintains credibility and effectiveness of zoning regulations.
Example Application:
A property owner builds a commercial structure in a residential zone without approval. The city issues a stop-work order and fines, requiring the owner to apply for proper permits or remove the structure.
6. Master Plans and Comprehensive Planning
What it covers:
Local governments must maintain master plans guiding long-term land use, transportation, public services, and environmental conservation.
Key points:
Zoning decisions must align with the comprehensive plan.
Plans are updated periodically to reflect growth, population changes, and infrastructure needs.
Public participation is required in plan development and updates.
Why it matters:
Ensures orderly growth and prevents ad hoc or incompatible land use decisions.
Provides a framework for sustainable development.
Example Application:
A city revises its master plan to expand residential areas near a new transit corridor. Zoning amendments follow to allow higher-density housing consistent with the updated plan.
7. Public Hearings and Participation
What it covers:
NAC 278 emphasizes public participation in planning and zoning decisions.
Key points:
Public notice is required for hearings on rezoning, variances, or conditional use permits.
Residents can provide input, raise concerns, and appeal decisions.
Transparency fosters trust and allows communities to influence land use.
Why it matters:
Encourages community involvement.
Reduces conflict and enhances legitimacy of zoning decisions.
Example Application:
Before approving a new commercial development in a residential area, the planning commission holds a public hearing. Residents express concerns about traffic, and the commission imposes conditions to mitigate impacts.
Summary Table
| Case/Area | Core Requirement | Purpose |
|---|---|---|
| Zoning Ordinances & Amendments | Public notice, master plan consistency | Regulate land use and ensure orderly growth |
| Subdivision Approval | Site plans, infrastructure, utility review | Safe and organized development |
| Conditional Use Permits | Compatibility review, public hearings, conditions | Balance flexibility and neighborhood protection |
| Variances & Exceptions | Hardship demonstration, public review | Allow reasonable flexibility while maintaining planning goals |
| Enforcement & Penalties | Stop-work orders, fines, legal action | Ensure compliance and protect public interest |
| Master Plans | Long-term planning, public input, periodic updates | Guide sustainable growth and coordinated development |
| Public Hearings | Notice, participation, appeals | Promote transparency and community involvement |
Key Takeaways
NAC Chapter 278 provides a comprehensive framework for planning and zoning in Nevada, covering zoning ordinances, conditional uses, variances, subdivisions, enforcement, and public participation. It ensures orderly development, public safety, environmental protection, and community involvement, while providing flexibility to address unique situations and challenges.
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