278.02388 - Prerequisites to approval or issuance of rezoning, zone variance or special use permit necessary to operate residential establishment; conditional approval or issuance.
278.02388 Prerequisites to approval or issuance of rezoning, zone variance or special use permit necessary to operate residential establishment; conditional approval or issuance.
1. As a prerequisite to the approval or issuance of any rezoning, zone variance or special use permit that is necessary to operate a residential establishment, the governing body of a county or city shall:
(a) Except as otherwise provided in subsection 2, ensure that the residential establishment or the owner or operator thereof has obtained any licenses or certifications that are required by federal, state or local authorities; and
(b) If the residential establishment is subject to the distance requirements set forth in subsection 3 of NRS 278.02386, request and use the information contained in the registry compiled and maintained pursuant to NRS 278.02387 to ensure that the residential establishment will be located and operated in accordance with the provisions of that subsection.
2. Pending a residential establishment or the owner or operator thereof obtaining the required licenses or certifications, the governing body of a county or city or another entity designated to act on behalf of the governing body may conditionally or provisionally approve or issue any rezoning, zone variance or special use permit that is necessary to operate the residential establishment.
(Added to NRS by 2007, 1131)