RESIDENTIAL CONSTRUCTION TAX

Las Vegas Municipal Code tit. 4, ch. 4.24

in effect

Las Vegas Municipal Code § 4.24.010 Findings—Purpose.

4.24.010 - Findings—Purpose. The City Council hereby declares as a matter of legislative determination that: (A) A need exists to provide within the City additional neighborhood parks and park facilities which are required by the residents of single-family residences, apartment units and mobile home parks according to the provisions of the City's Master Plan and Recreation Plan which include as a part of such plans, future or present sites for neighborhood parks. (B) This Chapter is reasonably calculated to satisfy such need, and, for that purpose, all of the provisions hereof shall be broadly and liberally construed to carry out the express purposes of this Chapter. (C) Accordingly, the specific mention of particular powers shall not be construed as limiting in any way the general powers that may be necessary in order to accomplish the purposes of this Chapter. (Ord. 3407 § 2, 1989)

Las Vegas Municipal Code § 4.24.020 Definitions.

4.24.020 - Definitions. As used in this Chapter, unless the context otherwise requires, the following terms shall have the meanings that are ascribed to them as follows: (A) "Developed open space" means a common open space within a residential subdivision or development that is developed with active recreational appurtenances, which may include swimming pools, tennis courts, handball courts, playground equipment and similar facilities or developments that are customarily associated with parks. (B) "Neighborhood park" means a park the size of which does not exceed twenty-five acres and which is designed to serve natural persons, families and small groups in the park district that is created for the benefit of the neighborhood from which any residential construction tax is derived. (C) "Park" or "park facilities" means a tract of land that is dedicated to, and set aside and maintained for, recreational purposes and includes without limitation areas of turf and trees, playgrounds and playground equipment, picnic facilities, playing fields and other recreational appurtenances such as lighted tennis courts, lighted baseball and softball fields, trails, vehicular parking lots and public restrooms. (D) "Residential construction tax" means the tax that is provided for in this Chapter. (Ord. 5163 § 1, 1999: Ord. 3407 § 3, 1989)

Las Vegas Municipal Code § 4.24.030 Imposed.

4.24.030 - Imposed. There is hereby imposed and shall accrue and be collected a residential construction tax, as the same is provided for in this Chapter, upon the privilege of constructing apartment houses and residential dwelling units, including without limitation the remodeling of any nonresidential structure for use as a dwelling unit, and developing mobile home lots within the City. (Ord. 5163 § 2, 1999: Ord. 3407 § 4, 1989)

Las Vegas Municipal Code § 4.24.040 Rate.

4.24.040 - Rate. (A) With respect to the construction of apartment houses and residential dwelling units the rate of the residential construction tax shall be one thousand dollars per residential dwelling unit, or as otherwise provided by State law. (B) With respect to the development of mobile home lots, for each mobile home lot authorized by a development permit, the rate of the residential construction tax shall not exceed eighty percent of the average residential construction tax paid per residential dwelling unit in the City during the calendar year next preceding the fiscal year which the development permit is issued. (Ord. No. 6840, § 1, 7-19-23; Ord. 5163 § 3, 1999: Ord. 3407 § 5, 1989)

Las Vegas Municipal Code § 4.24.050 Valuation of property for computation of tax.

4.24.050 - Valuation of property for computation of tax. For purposes of this Chapter and the calculation of the amount of the residential construction tax, the building-permit value of apartments and residential dwelling units shall be based on the actual costs of residential construction in the area, as set forth by State law. (Ord. No. 6840, § 2, 7-19-23; Ord. 5163 § 4, 1999: Ord. 3407 § 6, 1989)

Las Vegas Municipal Code § 4.24.060 Tax prerequisite to building or development permit issuance.

4.24.060 - Tax prerequisite to building or development permit issuance. Prior to the issuance of any building or development permit for the construction of any apartment house or residential dwelling unit or the development of any mobile home lot, or prior to the issuance of any building permit for the remodeling of any nonresidential structure for the purpose of residential dwelling use, the applicant for the permit shall pay to the City the residential construction tax that is applicable thereto, as the same is determined in accordance with LVMC 4.24.040. (Ord. 5163 § 5, 1999: Ord. 3407 § 7, 1989)

Las Vegas Municipal Code § 4.24.070 Deposit and expenditure.

4.24.070 - Deposit and expenditure. (A) All of the residential construction taxes that are collected pursuant to this Chapter, and all of the interest that accrues thereon, shall forthwith be forwarded to the City Treasurer, who shall credit the same to the special revenue fund that is created to receive and account for the same. (B) The money in such special revenue fund shall be accounted for separately according to the respective park districts from which it was derived, and may be used only for the acquisition, improvement or expansion, or any combination thereof, of neighborhood parks, or the installation of park facilities in existing parks, as opposed to the routine maintenance of such parks, in the respective park districts that are created for the benefit of the neighborhoods from which such money was derived. (Ord. 5163 § 6, 1999: Ord. 3407 § 8, 1989)

Las Vegas Municipal Code § 4.24.080 Park districts.

4.24.080 - Park districts. The City shall be divided into a number of park districts, as the same shall be depicted on the map that is entitled "Park District Boundaries," copies of which are to be maintained for public inspection in the Office of the City Clerk and the Department of Parks, Recreation and Cultural Affairs, and the same may from time to time be changed by number and configuration by the City Council by a resolution that is duly passed, adopted and approved. (Ord. No. 6816, § 10, 8-17-22; Ord. 5163 § 7, 1999: Ord. 3706 § 1, 1993: Ord. 3407 § 9, 1989)

Las Vegas Municipal Code § 4.24.090 Undeveloped parks—Refund of tax.

4.24.090 - Undeveloped parks—Refund of tax. If a neighborhood park is not developed, or park facilities are not installed in an existing park, in the park district that is created for the benefit of the neighborhood in which a residential subdivision or development with respect to which the residential construction tax has been paid is located within three years after the date on which seventy-five percent of the residential dwelling units that are authorized within such subdivision or development first became occupied, all of the money that was paid with respect to such subdivision or development, together with interest thereon at the average rate at which the City has invested the money in the special revenue fund that is provided for in LVMC 4.24.070, must be refunded on a pro rata basis to the persons who own the dwelling units in the subdivision or development at the time of such refund. (Ord. 5163 § 8, 1999: Ord. 3407 § 10, 1989)

Las Vegas Municipal Code § 4.24.100 Refunds for amenities.

4.24.100 - Refunds for amenities. A developer shall be entitled to a refund of all of the money that is paid with respect to a residential subdivision or development, together with interest thereon at the average rate at which the City has invested the money in the special revenue fund that is provided for in LVMC 4.24.070, if that developer, at any time prior to the date on which seventy-five percent of the residential dwelling units that are authorized within such subdivision or development first became occupied: (A) Provides for and establishes, in the recorded declaration of conditions, covenants and restrictions with respect to such subdivision or development, an association for the common ownership and maintenance of a developed park site or area that is designed for, and dedicated exclusively to, recreation in such subdivision or development, such developed park site or area continues to be owned and maintained by such organization for park and recreational use by the existing and future residents of such subdivision or development and such developed park site or area contains a minimum of three hundred thirty square feet of developed open space per dwelling unit in such subdivision or development; (B) Constructs a public park, which satisfies the square-footage requirement and contains the amenities that are set forth in Subsection (A) of this Section; or (C) Constructs a combination of private park facilities that are established, owned and maintained in accordance with the recorded declaration of conditions, covenants and restrictions with respect to such subdivision or development, as the same is required by Subsection (A) of this Section, and public park facilities, which combination, in the aggregate, satisfies the square-footage requirement and contains the amenities that are set forth in Subsection (A) of this Section. (Ord. 3407 § 11, 1989)

Las Vegas Municipal Code § 4.24.110 Neighborhood Parks Development Committee.

4.24.110 - Neighborhood Parks Development Committee. In order to assist the City Council in the administration of this Chapter, the City Council may elect to establish and appoint a Neighborhood Parks Development Committee, the specific powers and duties of which would be determined and designated at the time of establishment. (Ord. 3407 § 12, 1989)

Las Vegas Municipal Code § 4.24.120 Other taxes unaffected.

4.24.120 - Other taxes unaffected. (A) The residential construction tax that is provided for in this Chapter shall be in addition to any and all other real estate taxes that are imposed upon any real property that is the subject of the residential construction tax. (B) Nothing that is contained in this Chapter shall be deemed to amend or repeal any other provision of this Code that relates to business licensing or to real estate taxation, and the residential construction tax that is provided for herein shall be applied only to the privilege of constructing apartment houses and residential dwelling units and developing mobile home lots. (Ord. 5163 § 9, 1999: Ord. 3407 § 13, 1989)

Las Vegas Municipal Code § 4.24.130 Refund upon completion of facilities.

4.24.130 - Refund upon completion of facilities. Any developer who proposes the construction and development of park facilities which, upon their completion would entitle the developer to a refund of the residential construction tax under LVMC 4.24.100, may apply for alternative treatment in accordance with Sections 4.24.140 and 4.24.150. (Ord. 5163 § 10, 1999: Ord. 3503 § 2, 1990)

Las Vegas Municipal Code § 4.24.140 Application for alternative treatment.

4.24.140 - Application for alternative treatment. (A) A developer who seeks alternative treatment shall submit to the City any proposed development plans, a project narrative and a construction timetable for the project. (B) The City, with input from appropriate staff, shall review the developer's submissions and shall approve or deny such application, or request such additional information as is deemed necessary. The process of review and approval shall take into account and be based upon the City's park specifications and the intent of this Chapter. (C) If an application is approved, the residential construction tax for the project will be waived, conditioned upon the developer's execution of an agreement with the City requiring the developer to construct the park facilities and submit security for their construction in an amount equal to the estimated cost of construction as determined by the City, plus ten percent for contingencies, except as otherwise provided in Section 4.24.150(D). The instruments of security or other agreements shall specify the duration of the security and its manner of release, and shall provide remedies in the event of default. (Ord. 5163 § 11, 1999: Ord. 3503 § 3, 1990)

Las Vegas Municipal Code § 4.24.150 Types of construction security.

4.24.150 - Types of construction security. The security submitted for the construction of the park facilities pursuant to Section 4.24.140 may be as follows: (A) A deposit of cash or approved government securities; (B) A surety bond issued by a surety company authorized to do business in the State in a form approved by the City Attorney; (C) An agreement with a local financial institution which provides generally that out of the funds loaned to the developer for the construction of the subdivision or development, the lending institution will require that sufficient funds to complete the park facilities and the removal of all rubbish, trash, debris, surplus material and equipment from the area that is to be improved and the adjacent properties will be set aside and used for that purpose, that the lending institution will maintain a ten percent retention of the funds until the installation of the park facilities and the release of funds have been approved by the City; or (D) A first deed of trust which names the City as beneficiary on real property located in or near the City and which is accompanied by agreements by the trustor and the developer by which they contract with the City to provide the park facilities. The total cost of the park facilities, as set forth in the agreements, shall not exceed seventy percent of the estimated market value of the property which is the subject of the deed of trust. (Ord. 5163 § 12, 1999: Ord. 3503 § 4, 1990)

Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT4REFI_CH4.24RECOTAFetched: 10/28/2026