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Property owners oppose AB 241 implementation ordinance; city attorney says draft complies
Summary
Commercial property owners objected to Ordinance No. 3,270 (ZOA 02 20 25), arguing it unlawfully restricts multifamily housing by requiring mixed use; City Attorney Andy Moore and staff said the city's language implements AB 241 by allowing multifamily as part of mixed‑use projects and pointed to similar ordinances in neighboring jurisdictions.
The council considered ZOA‑02‑20‑25 (Ordinance No. 3,270), a code update to Title 17 intended to comply with state law AB 241 that requires jurisdictions to allow multifamily housing in commercial districts. Planning staff described the ordinance as establishing development standards that permit residential above commercial first‑floor uses while preventing standalone multifamily on vacant commercial land.
Pat McKnight, an attorney representing commercial property owners, told the council he stood in opposition and urged the council not to adopt the ordinance as drafted. "If you approve this, you are violating, Nevada law," McKnight said, reading an interpretation he said was authorized by the Legislative Counsel Bureau and the bill's sponsor. City Attorney Andy Moore responded that Henderson and Clark County have adopted similar language and that the city's ordinance is in line with AB 241's requirement to allow multifamily 'as part of mixed use,' not necessarily as a freestanding use. The council asked clarifying questions about whether the ordinance meets the March 1 compliance deadline, and staff confirmed review had occurred prior to planning commission and that the ordinance is intended to satisfy AB 241. The council voted to approve the ordinance on motion.
