Assembly Bill No. 388–Assemblywoman Giunchigliani
March 4, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes to process of land use planning in certain counties. (BDR 22-507)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 278.030 is hereby amended to read as follows: 278.030 1. The governing body of each city and of each county1-3
whose population is 25,000 or more shall create by ordinance a planning1-4
commission to consist of seven members.1-5
2. Cities and counties whose population is less than 25,000 may create1-6
by ordinance a planning commission to consist of seven members. If the1-7
governing body of any city or of any county whose population is less than1-8
25,000 deems the creation of a planning commission unnecessary or1-9
inadvisable, the governing body may, in lieu of creating a planning1-10
commission as provided in this subsection, perform all the functions and1-11
have all1-12
performed by the planning commission.1-13
3. In an unincorporated town in a county whose population is1-14
100,000 or more, the town advisory board shall perform all the functions2-1
and have all the powers which would otherwise be granted to and be2-2
performed by a planning commission.2-3
Sec. 2. NRS 278.150 is hereby amended to read as follows: 278.150 1. The planning commission shall prepare and adopt a2-5
comprehensive, long-term general plan for the physical development of the2-6
city, county , town or region which in the commission’s judgment bears2-7
relation to the planning thereof.2-8
2. The plan must be known as the master plan, and must be so2-9
prepared that all or portions thereof, except as otherwise provided in2-10
subsection 3, may be adopted by the governing body, as provided in NRS2-11
278.010 to 278.630, inclusive, as a basis for the development of the city,2-12
county , town or region for such reasonable period of time next ensuing2-13
after the adoption thereof as may practically be covered thereby.2-14
3. In counties whose population is 100,000 or more, if the governing2-15
body of the city or county adopts only a portion of the master plan, it shall2-16
include in that portion a conservation plan, a housing plan and a population2-17
plan as provided in NRS 278.160.2-18
4. In counties whose population is 400,000 or more, the governing2-19
body of the city or county shall adopt a master plan that includes each of2-20
the subjects set forth in subsection 1 of NRS 278.160.2-21
Sec. 3. NRS 278.160 is hereby amended to read as follows: 278.160 1.2-23
NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the2-24
accompanying charts, drawings, diagrams, schedules and reports, may2-25
include such of the following subject matter or portions thereof as are2-26
appropriate to the city, county , town or region, and as may be made the2-27
basis for the physical development thereof:2-28
(a) Community design. Standards and principles governing the2-29
subdivision of land and suggestive patterns for community design and2-30
development.2-31
(b) Conservation plan. For the conservation, development and2-32
utilization of natural resources, including water and its hydraulic force,2-33
underground water, water supply, forests, soils, rivers and other waters,2-34
harbors, fisheries, wildlife, minerals and other natural resources. The plan2-35
must also cover the reclamation of land and waters, flood control,2-36
prevention and control of the pollution of streams and other waters,2-37
regulation of the use of land in stream channels and other areas required2-38
for the accomplishment of the conservation plan, prevention, control and2-39
correction of the erosion of soils through proper clearing, grading and2-40
landscaping, beaches and shores, and protection of watersheds. The plan2-41
must also indicate the maximum tolerable level of air pollution.3-1
(c) Economic plan. Showing recommended schedules for the allocation3-2
and expenditure of public money in order to provide for the economical3-3
and timely execution of the various components of the plan.3-4
(d) Historical properties preservation plan. An inventory of significant3-5
historical, archaeological and architectural properties as defined by a city,3-6
county , town or region, and a statement of methods to encourage the3-7
preservation of those properties.3-8
(e) Housing plan. The housing plan must include, but is not limited to:3-9
(1) An inventory of housing conditions, needs and plans and3-10
procedures for improving housing standards and for providing adequate3-11
housing.3-12
(2) An inventory of affordable housing in the community.3-13
(3) An analysis of the demographic characteristics of the community.3-14
(4) A determination of the present and prospective need for3-15
affordable housing in the community.3-16
(5) An analysis of any impediments to the development of affordable3-17
housing and the development of policies to mitigate those impediments.3-18
(6) An analysis of the characteristics of the land that is the most3-19
appropriate for the construction of affordable housing.3-20
(7) An analysis of the needs and appropriate methods for the3-21
construction of affordable housing or the conversion or rehabilitation of3-22
existing housing to affordable housing.3-23
(8) A plan for maintaining and developing affordable housing to3-24
meet the housing needs of the community.3-25
(f) Land use plan. An inventory and classification of types of natural3-26
land and of existing land cover and uses, and comprehensive plans for the3-27
most desirable utilization of land. The land use plan may include a3-28
provision concerning the acquisition and use of land that is under federal3-29
management within the city, county , town or region, including, without3-30
limitation, a plan or statement of policy prepared pursuant to NRS3-31
321.7355.3-32
(g) Population plan. An estimate of the total population which the3-33
natural resources of the city, county , town or region will support on a3-34
continuing basis without unreasonable impairment.3-35
(h) Public buildings. Showing locations and arrangement of civic3-36
centers and all other public buildings, including the architecture thereof3-37
and the landscape treatment of the grounds thereof.3-38
(i) Public services and facilities. Showing general plans for sewage,3-39
drainage and utilities, and rights of way, easements and facilities therefor,3-40
including any utility projects required to be reported pursuant to NRS3-41
278.145.3-42
(j) Recreation plan. Showing a comprehensive system of recreation3-43
areas, including natural reservations, parks, parkways, reserved riverbank4-1
strips, beaches, playgrounds and other recreation areas, including, when4-2
practicable, the locations and proposed development thereof.4-3
(k) Safety plan. In any county whose population is 400,000 or more,4-4
identifying potential types of natural and man-made hazards, including4-5
hazards from floods, landslides or fires, or resulting from the manufacture,4-6
storage, transfer or use of bulk quantities of hazardous materials. The plan4-7
may set forth policies for avoiding or minimizing the risks from those4-8
hazards.4-9
(l) Seismic safety plan. Consisting of an identification and appraisal of4-10
seismic hazards such as susceptibility to surface ruptures from faulting, to4-11
ground shaking or to ground failures.4-12
(m) Solid waste disposal plan. Showing general plans for the disposal of4-13
solid waste.4-14
(n) Streets and highways plan. Showing the general locations and4-15
widths of a comprehensive system of major traffic thoroughfares and other4-16
traffic ways and of streets and the recommended treatment thereof,4-17
building line setbacks, and a system of naming or numbering streets and4-18
numbering houses, with recommendations concerning proposed changes.4-19
(o) Transit plan. Showing a proposed system of transit lines, including4-20
rapid transit, streetcar, motorcoach and trolley coach lines and related4-21
facilities.4-22
(p) Transportation plan. Showing a comprehensive transportation4-23
system, including locations of rights of way, terminals, viaducts and grade4-24
separations. The plan may also include port, harbor, aviation and related4-25
facilities.4-26
2. The commission may prepare and adopt, as part of the master plan,4-27
other and additional plans and reports dealing with such other subjects as4-28
may in its judgment relate to the physical development of the city, county ,4-29
town or region, and nothing contained in NRS 278.010 to 278.630,4-30
inclusive, prohibits the preparation and adoption of any such subject as a4-31
part of the master plan.4-32
Sec. 4. NRS 278.170 is hereby amended to read as follows: 278.170 1.4-34
3, the commission may prepare and adopt all or any part of the master plan4-35
or any subject thereof4-36
part of the city, county , town or region. Master regional plans must be4-37
coordinated with similar plans of adjoining regions, and master county ,4-38
4-39
fit properly into the master plan for the region.4-40
2. In counties whose population is 100,000 or more, if the commission4-41
prepares and adopts less than all subjects of the master plan, as outlined in4-42
NRS 278.160, it shall include, in its preparation and adoption, the4-43
conservation, housing and population plans described in that section.5-1
3. In counties whose population is 400,000 or more, the commission5-2
shall prepare and adopt a master plan that includes each of the subjects5-3
set forth in subsection 1 of NRS 278.160.5-4
Sec. 5. NRS 278.180 is hereby amended to read as follows: 278.180 The county ,5-6
commissions shall, during the formulation of plans for community design5-7
and public buildings, notify , by certified mail, the governing boards of5-8
school districts having jurisdiction of the areas considered of the5-9
preparation of such plans to the end that adequate and properly located5-10
school sites may be provided for.5-11
Sec. 6. NRS 278.210 is hereby amended to read as follows: 278.210 1. Before adopting the master plan or any part of it, or any5-13
5-14
public hearing thereon .5-15
2. Except as otherwise provided in subsection 3, notice of the time5-16
and place of5-17
(a) At least one publication in a newspaper of general circulation in the5-18
city5-19
commission, by one publication in a newspaper in each county within the5-20
regional district, at least 10 days before the day of the hearing5-21
5-22
(b) Certified mail to the governing board of a school district having5-23
jurisdiction of the area that will be affected by the adoption or5-24
amendment of the master plan, at least 30 days before the day of the5-25
hearing.5-26
3. If the area affected by an amendment of the master plan, plus an5-27
additional area extending 500 feet in all directions from the affected5-28
area, includes less than 100 parcels of land, notice of the time and place5-29
of a hearing required pursuant to subsection 1 must, in addition to the5-30
notice required pursuant to subsection 2, be sent by mail at least 10 days5-31
before the hearing to:5-32
(a) The applicant, if the amendment of the master plan was not5-33
initiated by the commission;5-34
(b) Each owner, as listed on the county assessor’s records, of real5-35
property located within 1,320 feet from the affected area;5-36
(c) Each of the owners, as listed on the county assessor’s records, of at5-37
least the 30 parcels nearest to the affected area, to the extent this notice5-38
does not duplicate the notice given pursuant to paragraph (b); and5-39
(d) Any advisory board which has been established for the affected5-40
area by the governing body.5-41
The notice must be written in language which is easy to understand and,5-42
if applicable, include a physical description of, or a map detailing, the5-43
proposed amendment.6-1
4. The adoption of the master plan, or of any amendment, extension or6-2
addition thereof,6-3
by the affirmative votes of not less than two-thirds of the total membership6-4
of the commission. The resolution6-5
descriptive matter and other matter intended by the commission to6-6
constitute the plan or any amendment, addition or extension thereof, and6-7
the action taken6-8
descriptive matter by the identifying signatures of the secretary and6-9
chairman of the commission.6-10
6-11
that it is a part of the master plan until it6-12
part of the master plan by the commission as herein provided for the6-13
adoption thereof, whenever changed conditions or further studies by the6-14
commission require such amendments, extension, or addition.6-15
6-16
set forth in subsection 1 of NRS 278.160 more than four times in a6-17
calendar year.6-18
7. An attested copy of any part, amendment, extension of or addition6-19
to the master plan adopted by the planning commission of any city, county6-20
, town or region6-21
the city, county or region.6-22
6-23
addition to the master plan adopted by any regional planning commission6-24
6-25
board of county commissioners of each county within the regional district.6-26
Sec. 7. NRS 278.260 is hereby amended to read as follows: 278.260 1. The governing body shall provide for the manner in6-28
which zoning regulations and restrictions and the boundaries of zoning6-29
districts are determined, established, enforced and amended.6-30
2. A zoning regulation, restriction or boundary must not become6-31
effective until after a public hearing at which parties in interest and other6-32
persons have an opportunity to be heard. The governing body shall cause6-33
notice of the time and place of the hearing to be:6-34
(a) Published in an official newspaper, or a newspaper of general6-35
circulation, in the city, county , town or region; and6-36
(b) Mailed to each tenant of a mobile home park if that park is located6-37
within 300 feet of the property in question,6-38
at least 10 days before the hearing.6-39
3. If the proposed amendment involves a change in the boundary of a6-40
zoning district in a county whose population is less than 400,000, the6-41
governing body shall, to the extent this notice does not duplicate the notice6-42
required by subsection 2, cause a notice to be sent by mail at least 10 days6-43
before the hearing to:7-1
(a) The applicant;7-2
(b) Each owner, as listed on the county assessor’s records, of real7-3
property located within 300 feet of the portion of the boundary being7-4
changed;7-5
(c) Each7-6
records, of at least the 30 parcels nearest to the portion of the boundary7-7
being changed, to the extent this notice does not duplicate the notice given7-8
pursuant to paragraph (b); and7-9
(d) Any advisory board which has been established for the affected area7-10
by the governing body.7-11
The notice must be written in language which is easy to understand. It7-12
must set forth the time, place and purpose of the hearing and a physical7-13
description of, or a map detailing, the proposed change.7-14
4. If the proposed amendment involves a change in the boundary of a7-15
zoning district in a county whose population is 400,000 or more, the7-16
governing body shall, to the extent this notice does not duplicate the notice7-17
required by subsection 2, cause a notice to be sent by mail7-18
(a) At least 10 days before the hearing to:7-19
7-20
7-21
property located within7-22
being changed;7-23
7-24
(3) Each of the owners, as listed on the county assessor’s records, of7-25
at least the 30 parcels nearest to the portion of the boundary being7-26
changed, to the extent this notice does not duplicate the notice given7-27
pursuant to7-28
7-29
(4) Any advisory board which has been established for the affected7-30
area by the governing body7-31
(b) At least 30 days before the hearing to the governing board of a7-32
school district having jurisdiction of an area affected by the change in7-33
the boundary of the zoning district.7-34
The notice must be written in language which is easy to understand. It7-35
must set forth the time, place and purpose of the hearing and a physical7-36
description of, or a map detailing, the proposed change.7-37
5. The exterior of the notice mailed pursuant to subsection 4 must bear7-38
a statement printed in at least 10-point bold type in substantially the7-39
following form:8-1
OFFICIAL NOTICE OF PUBLIC HEARING8-2
6. In addition to mailing the notice required pursuant to subsection 4,8-3
in a county whose population is 400,000 or more, the governing body8-4
shall,8-5
erected on the property, at least one sign not less than 2 feet high and 2 feet8-6
wide. The sign must be made of material reasonably calculated to8-7
withstand the elements for 40 days. The governing body must be consistent8-8
in its use of colors for the background and lettering of the sign. The sign8-9
must include the following information:8-10
(a) The existing zoning designation of the property in question;8-11
(b) The proposed zoning designation of the property in question;8-12
(c) The date, time and place of the public hearing;8-13
(d) A telephone number which may be used by interested persons to8-14
obtain additional information; and8-15
(e) A statement which indicates whether the proposed zoning8-16
designation of the property in question complies with the requirements of8-17
the master plan of the city ,8-18
located.8-19
7. A sign required pursuant to subsection 6 is for informational8-20
purposes only, and must be erected regardless of any local ordinance8-21
regarding the size, placement or composition of signs to the contrary.8-22
8. A governing body may charge an additional fee for each application8-23
to amend an existing zoning regulation, restriction or boundary to cover8-24
the actual costs resulting from the mailed notice required by this section8-25
and the erection of not more than one of the signs required by subsection 6,8-26
if any. The additional fee is not subject to the limitation imposed by NRS8-27
354.5989.8-28
9. The governing body shall remove or cause to be removed any sign8-29
required by subsection 6 within 5 days after the final hearing for the8-30
application for which the sign was erected. There must be no additional8-31
charge to the applicant for such removal.8-32
Sec. 8. NRS 278.315 is hereby amended to read as follows: 278.315 1. The governing body may provide by ordinance for the8-34
granting of variances, special use permits, conditional use permits or other8-35
special exceptions by the board of adjustment, the planning commission or8-36
a hearing examiner appointed pursuant to NRS 278.262. The governing8-37
body may impose this duty entirely on the board, commission or examiner,8-38
respectively, or provide for the granting of enumerated categories of8-39
variances, special use permits, conditional use permits or special8-40
exceptions by the board, commission or examiner.8-41
2. A hearing to consider an application for the granting of a variance,8-42
special use permit, conditional use permit or special exception must be9-1
held before the board of adjustment, planning commission or hearing9-2
examiner within 65 days after the filing of the application, unless a longer9-3
time or a different process of review is provided in an agreement entered9-4
into pursuant to NRS 278.0201. A notice setting forth the time, place and9-5
purpose of the hearing must be sent by mail9-6
(a) At least 10 days before the hearing to:9-7
9-8
9-9
the property in question9-10
9-11
for an establishment which serves alcoholic beverages for consumption9-12
on or off of the premises as its primary business in a district which is not9-13
a gaming enterprise district as defined in NRS 463.0158, in which case9-14
the notice must be provided to each owner of real property located within9-15
1,320 feet of the property in question;9-16
(3) If a mobile home park is located within 300 feet of the property in9-17
question, each tenant of that mobile home park; and9-18
9-19
area by the governing body9-20
(b) At least 30 days before the hearing to the governing board of a9-21
school district having jurisdiction of the affected area.9-22
The notice must be written in language which is easy to understand. It9-23
must set forth the time, place and purpose of the hearing and a physical9-24
description or map of the property in question.9-25
3. If the application is for the issuance of a special use permit in a9-26
county whose population is 100,000 or more, the governing body shall, to9-27
the extent this notice does not duplicate the notice required by subsection9-28
2, cause a notice to be sent by mail at least 10 days before the hearing to9-29
each9-30
at least the 30 parcels nearest to the property in question. The notice must9-31
be written in language which is easy to understand. It must set forth the9-32
time, place and purpose of the hearing and a physical description or map of9-33
the property in question.9-34
4. An ordinance adopted pursuant to this section must provide an9-35
opportunity for the applicant or a protestant to appeal from a decision of9-36
the board of adjustment, planning commission or hearing examiner to the9-37
governing body.9-38
5. In a county whose population is 400,000 or more, if the application9-39
is for the issuance of a special use permit for an establishment which9-40
serves alcoholic beverages for consumption on or off of the premises as its9-41
primary business in a district which is not a gaming enterprise district as9-42
defined in NRS 463.0158, the governing body shall, in addition to mailing9-43
the notice required pursuant to subsection 3, not later than 10 days before10-1
the hearing, erect or cause to be erected on the property, at least one sign10-2
not less than 2 feet high and 2 feet wide. The sign must be made of10-3
material reasonably calculated to withstand the elements for 40 days. The10-4
governing body must be consistent in its use of colors for the background10-5
and lettering of the sign. The sign must include the following information:10-6
(a) The existing permitted use and zoning designation of the property in10-7
question;10-8
(b) The proposed permitted use of the property in question;10-9
(c) The date, time and place of the public hearing; and10-10
(d) A telephone number which may be used by interested persons to10-11
obtain additional information.10-12
6. A sign required pursuant to subsection 5 is for informational10-13
purposes only, and must be erected regardless of any local ordinance10-14
regarding the size, placement or composition of signs to the contrary.10-15
7. A governing body may charge an additional fee for each application10-16
for a special use permit to cover the actual costs resulting from the erection10-17
of not more than one sign required by subsection 5, if any. The additional10-18
fee is not subject to the limitation imposed by NRS 354.5989.10-19
8. The governing body shall remove or cause to be removed any sign10-20
required by subsection 5 within 5 days after the final hearing for the10-21
application for which the sign was erected. There must be no additional10-22
charge to the applicant for such removal.10-23
Sec. 9. Chapter 269 of NRS is hereby amended by adding thereto a10-24
new section to read as follows:10-25
Each member of a town advisory board must, at least twice during the10-26
first year after his initial appointment and at least once each year10-27
thereafter, receive training to perform the duties of a member of a10-28
planning commission, including, without limitation, training relating to:10-29
1. State statutes and regulations and local ordinances, resolutions10-30
and regulations concerning land use planning; and10-31
2. The provisions of chapter 241 of NRS.10-32
Sec. 10. NRS 269.500 is hereby amended to read as follows: 269.500 NRS 269.500 to 269.625, inclusive, and section 9 of this act10-34
may be cited as the Unincorporated Town Government Law.10-35
Sec. 11. NRS 269.576 is hereby amended to read as follows: 269.576 1. Except as appointment may be deferred pursuant to NRS10-37
269.563, the board of county commissioners of any county whose10-38
population is 400,000 or more shall, in each ordinance which establishes10-39
an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive,10-40
provide for:10-41
(a) Appointment by the board of county commissioners of three or five10-42
qualified electors who are residents of the unincorporated town to serve as10-43
the town advisory board.11-1
(b) Terms for members of the town advisory board, which must expire11-2
on the first Monday in January of each odd-numbered year.11-3
(c) Removal of a member of the town advisory board if the board of11-4
county commissioners finds that his removal is in the best interest of the11-5
residents of the unincorporated town, and for appointment of a member to11-6
serve the unexpired term of the member so removed.11-7
2. The duties of the town advisory board are to:11-8
(a) Assist the board of county commissioners in governing the11-9
unincorporated town by acting as liaison between the residents of the town11-10
and the board of county commissioners;11-11
(b) Advise the board of county commissioners on matters of importance11-12
to the unincorporated town and its residents11-13
(c) Perform the functions and exercise the powers of a planning11-14
commission, as required pursuant to subsection 3 of NRS 278.030.11-15
3. The board of county commissioners may provide by ordinance for11-16
compensation for the members of the town advisory board.11-17
Sec. 12. NRS 269.577 is hereby amended to read as follows: 269.577 1. The board of county commissioners of any county whose11-19
population is less than 400,000 shall, in each ordinance which establishes11-20
an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive,11-21
provide for:11-22
(a) The appointment by the board of county commissioners or the11-23
election by the people of three or five qualified electors who are residents11-24
of the unincorporated town to serve as the town advisory board.11-25
(b) The removal of a member of the town advisory board if the board of11-26
county commissioners finds that his removal is in the best interest of the11-27
residents of the unincorporated town, and for appointment of a member to11-28
serve the unexpired term of the member so removed.11-29
2. The board of county commissioners may provide by ordinance for11-30
compensation for the members of the town advisory board.11-31
3. The duties of the town advisory board are to:11-32
(a) Assist the board of county commissioners in governing the11-33
unincorporated town by acting as liaison between the residents of the town11-34
and the board of county commissioners;11-35
(b) Advise the board of county commissioners on matters of importance11-36
to the unincorporated town and its residents11-37
(c) Perform the functions and exercise the powers of a planning11-38
commission, as required pursuant to subsection 3 of NRS 278.030.~