Council adopts mixed‑use zoning amendment despite attorney warning it may conflict with AB 241
Loading...
Summary
The council adopted ZOA 02‑20‑25 (Ordinance No. 3270) to allow mixed‑use projects that integrate multifamily housing into commercial districts; attorney Pat McKnight argued the text fails to authorize standalone multifamily housing under AB 241, while staff and the city attorney said the ordinance complies with the statute and similar measures in neighboring jurisdictions.
The North Las Vegas City Council on Feb. 18 adopted a zoning text amendment (ZOA 02‑20‑25, Ordinance No. 3270) that allows mixed‑use development with a residential component in commercially zoned areas to comply with the state legislative requirement known as AB 241.
City planning staff explained the ordinance responds to the legislative mandate and is structured to allow multifamily housing only as part of a mixed‑use project, not as a standalone use on vacant commercial land. "This ordinance is in response to a recent legislative mandate, requiring jurisdictions to allow multifamily or mixed use development in commercial districts," staff said.
Pat McKnight, attorney representing commercial property owners, opposed the ordinance and argued it does not satisfy AB 241’s requirement to authorize multifamily housing. McKnight said the Legislative Counsel Bureau agreed with his interpretation and warned council members that approving the ordinance would violate state law. "So if you approve this, you are violating, Nevada law," McKnight said.
City Attorney Andy Moore and staff countered that similar ordinances were under consideration or adoption in neighboring jurisdictions and that the text before the council conforms to the statute’s intent. Moore noted Henderson’s ordinance and a Clark County action that staff believe align with North Las Vegas’s approach. Staff and the city attorney said they had reviewed the ordinance for compliance prior to planning commission consideration.
After discussion, the council moved and voted to approve the zoning amendment. The ordinance will be incorporated into Title 17 of the municipal code and staff said implementation details will be enforced through development standards and planning review.
The council’s adoption resolves a March 1 compliance deadline cited by staff; the transcript does not include a formal roll‑call vote tally.
