Assembly Bill No. 388–Assemblywoman Giunchigliani

March 4, 1999

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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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to land use planning; expanding the subjects that must be included within a master plan in certain counties; limiting the number of annual amendments to the land use plan of the master plan in certain circumstances; revising provisions governing applications for changes in the boundaries of zoning districts, variances and special use permits with regard to property located within an unincorporated town; requiring members of a town advisory board to receive certain training; authorizing the election of members of a town advisory board in additional counties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 278.150 is hereby amended to read as follows:

1-2 278.150 1. The planning commission shall prepare and adopt a

1-3 comprehensive, long-term general plan for the physical development of the

1-4 city, county or region which in the commission’s judgment bears relation to

1-5 the planning thereof.

1-6 2. The plan must be known as the master plan, and must be so prepared

1-7 that all or portions thereof, except as otherwise provided in subsection 3,

1-8 may be adopted by the governing body, as provided in NRS 278.010 to

1-9 278.630, inclusive, as a basis for the development of the city, county or

1-10 region for such reasonable period of time next ensuing after the adoption

1-11 thereof as may practically be covered thereby.

1-12 3. In counties whose population is 100,000 or more, if the governing

1-13 body of the city or county adopts only a portion of the master plan, it shall

1-14 include in that portion a conservation plan, a housing plan and a population

1-15 plan as provided in NRS 278.160.

2-1 4. In counties whose population is 400,000 or more, the governing

2-2 body of the city or county shall adopt a master plan that includes each of

2-3 the subjects set forth in subsection 1 of NRS 278.160.

2-4 Sec. 2. NRS 278.160 is hereby amended to read as follows:

2-5 278.160 1. [The] Except as otherwise provided in subsection 4 of

2-6 NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the

2-7 accompanying charts, drawings, diagrams, schedules and reports, may

2-8 include such of the following subject matter or portions thereof as are

2-9 appropriate to the city, county or region, and as may be made the basis for

2-10 the physical development thereof:

2-11 (a) Community design. Standards and principles governing the

2-12 subdivision of land and suggestive patterns for community design and

2-13 development.

2-14 (b) Conservation plan. For the conservation, development and utilization

2-15 of natural resources, including water and its hydraulic force, underground

2-16 water, water supply, forests, soils, rivers and other waters, harbors,

2-17 fisheries, wildlife, minerals and other natural resources. The plan must also

2-18 cover the reclamation of land and waters, flood control, prevention and

2-19 control of the pollution of streams and other waters, regulation of the use of

2-20 land in stream channels and other areas required for the accomplishment of

2-21 the conservation plan, prevention, control and correction of the erosion of

2-22 soils through proper clearing, grading and landscaping, beaches and shores,

2-23 and protection of watersheds. The plan must also indicate the maximum

2-24 tolerable level of air pollution.

2-25 (c) Economic plan. Showing recommended schedules for the allocation

2-26 and expenditure of public money in order to provide for the economical

2-27 and timely execution of the various components of the plan.

2-28 (d) Historical properties preservation plan. An inventory of significant

2-29 historical, archaeological and architectural properties as defined by a city,

2-30 county or region, and a statement of methods to encourage the preservation

2-31 of those properties.

2-32 (e) Housing plan. The housing plan must include, but is not limited to:

2-33 (1) An inventory of housing conditions, needs and plans and

2-34 procedures for improving housing standards and for providing adequate

2-35 housing.

2-36 (2) An inventory of affordable housing in the community.

2-37 (3) An analysis of the demographic characteristics of the community.

2-38 (4) A determination of the present and prospective need for

2-39 affordable housing in the community.

2-40 (5) An analysis of any impediments to the development of affordable

2-41 housing and the development of policies to mitigate those impediments.

2-42 (6) An analysis of the characteristics of the land that is the most

2-43 appropriate for the construction of affordable housing.

3-1 (7) An analysis of the needs and appropriate methods for the

3-2 construction of affordable housing or the conversion or rehabilitation of

3-3 existing housing to affordable housing.

3-4 (8) A plan for maintaining and developing affordable housing to meet

3-5 the housing needs of the community.

3-6 (f) Land use plan. An inventory and classification of types of natural

3-7 land and of existing land cover and uses, and comprehensive plans for the

3-8 most desirable utilization of land. The land use plan may include a

3-9 provision concerning the acquisition and use of land that is under federal

3-10 management within the city, county or region, including, without limitation,

3-11 a plan or statement of policy prepared pursuant to NRS 321.7355.

3-12 (g) Population plan. An estimate of the total population which the

3-13 natural resources of the city, county or region will support on a continuing

3-14 basis without unreasonable impairment.

3-15 (h) Public buildings. Showing locations and arrangement of civic centers

3-16 and all other public buildings, including the architecture thereof and the

3-17 landscape treatment of the grounds thereof.

3-18 (i) Public services and facilities. Showing general plans for sewage,

3-19 drainage and utilities, and rights of way, easements and facilities therefor,

3-20 including any utility projects required to be reported pursuant to NRS

3-21 278.145.

3-22 (j) Recreation plan. Showing a comprehensive system of recreation

3-23 areas, including natural reservations, parks, parkways, trails, reserved

3-24 riverbank strips, beaches, playgrounds and other recreation areas,

3-25 including, when practicable, the locations and proposed development

3-26 thereof.

3-27 (k) Safety plan. In any county whose population is 400,000 or more,

3-28 identifying potential types of natural and man-made hazards, including

3-29 hazards from floods, landslides or fires, or resulting from the manufacture,

3-30 storage, transfer or use of bulk quantities of hazardous materials. The plan

3-31 may set forth policies for avoiding or minimizing the risks from those

3-32 hazards.

3-33 (l) Seismic safety plan. Consisting of an identification and appraisal of

3-34 seismic hazards such as susceptibility to surface ruptures from faulting, to

3-35 ground shaking or to ground failures.

3-36 (m) Solid waste disposal plan. Showing general plans for the disposal of

3-37 solid waste.

3-38 (n) Streets and highways plan. Showing the general locations and widths

3-39 of a comprehensive system of major traffic thoroughfares and other traffic

3-40 ways and of streets and the recommended treatment thereof, building line

3-41 setbacks, and a system of naming or numbering streets and numbering

3-42 houses, with recommendations concerning proposed changes.

4-1 (o) Transit plan. Showing a proposed multi-modal system of transit

4-2 lines, including [rapid] mass transit, streetcar, motorcoach and trolley

4-3 coach lines , paths for bicycles and pedestrians, and related facilities.

4-4 (p) Transportation plan. Showing a comprehensive transportation

4-5 system, including locations of rights of way, terminals, viaducts and grade

4-6 separations. The plan may also include port, harbor, aviation and related

4-7 facilities.

4-8 2. The commission may prepare and adopt, as part of the master plan,

4-9 other and additional plans and reports dealing with such other subjects as

4-10 may in its judgment relate to the physical development of the city, county

4-11 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

4-12 prohibits the preparation and adoption of any such subject as a part of the

4-13 master plan.

4-14 Sec. 3. NRS 278.170 is hereby amended to read as follows:

4-15 278.170 1. [The] Except as otherwise provided in subsections 2 and

4-16 3, the commission may prepare and adopt all or any part of the master plan

4-17 or any subject thereof [, except as provided in subsection 2,] for all or any

4-18 part of the city, county or region. Master regional plans must be

4-19 coordinated with similar plans of adjoining regions, and master county and

4-20 city plans within each region must be coordinated so as to fit properly into

4-21 the master plan for the region.

4-22 2. In counties whose population is 100,000 or more, if the commission

4-23 prepares and adopts less than all subjects of the master plan, as outlined in

4-24 NRS 278.160, it shall include, in its preparation and adoption, the

4-25 conservation, housing and population plans described in that section.

4-26 3. In counties whose population is 400,000 or more, the commission

4-27 shall prepare and adopt a master plan that includes each of the subjects

4-28 set forth in subsection 1 of NRS 278.160.

4-29 Sec. 4. NRS 278.210 is hereby amended to read as follows:

4-30 278.210 1. Before adopting the master plan or any part of it, or any

4-31 substantial amendment thereof, the commission shall hold at least one

4-32 public hearing thereon, notice of the time and place of which shall be given

4-33 at least by one publication in a newspaper of general circulation in the city

4-34 or county, or in the case of a regional planning commission, by one

4-35 publication in a newspaper in each county within the regional district, at

4-36 least 10 days before the day of the hearing.

4-37 2. The adoption of the master plan, or of any amendment, extension or

4-38 addition thereof, [shall] must be by resolution of the commission carried by

4-39 the affirmative votes of not less than two-thirds of the total membership of

4-40 the commission. The resolution [shall] must refer expressly to the maps,

4-41 descriptive matter and other matter intended by the commission to

4-42 constitute the plan or any amendment, addition or extension thereof, and

4-43 the action taken [shall] must be recorded on the map and plan and

5-1 descriptive matter by the identifying signatures of the secretary and

5-2 chairman of the commission.

5-3 3. No plan or map, hereafter, [shall] must have indicated thereon that it

5-4 is a part of the master plan until it [shall have] has been adopted as part of

5-5 the master plan by the commission as herein provided for the adoption

5-6 thereof, whenever changed conditions or further studies by the commission

5-7 require such amendments, extension, or addition.

5-8 4. Except as otherwise provided in this subsection, the commission

5-9 shall not amend the land use plan of the master plan set forth in

5-10 paragraph (f) of subsection 1 of NRS 278.160 more than four times in a

5-11 calendar year. The provisions of this subsection do not apply to a change

5-12 in the land use designated for a particular area if the change does not

5-13 affect more than 25 percent of the area.

5-14 5. An attested copy of any part, amendment, extension of or addition to

5-15 the master plan adopted by the planning commission of any city, county or

5-16 region [shall] must be certified to the governing body of [such] the city,

5-17 county or region.

5-18 [5.] 6. An attested copy of any part, amendment, extension of or

5-19 addition to the master plan adopted by any regional planning commission

5-20 [shall] must be certified to the county planning commission and to the

5-21 board of county commissioners of each county within the regional district.

5-22 Sec. 5. NRS 278.260 is hereby amended to read as follows:

5-23 278.260 1. The governing body shall provide for the manner in

5-24 which zoning regulations and restrictions and the boundaries of zoning

5-25 districts are determined, established, enforced and amended.

5-26 2. A zoning regulation, restriction or boundary must not become

5-27 effective until after a public hearing at which parties in interest and other

5-28 persons have an opportunity to be heard. The governing body shall cause

5-29 notice of the time and place of the hearing to be:

5-30 (a) Published in an official newspaper, or a newspaper of general

5-31 circulation, in the city, county or region; and

5-32 (b) Mailed to each tenant of a mobile home park if that park is located

5-33 within 300 feet of the property in question,

5-34 at least 10 days before the hearing.

5-35 3. If the proposed amendment involves a change in the boundary of a

5-36 zoning district in a county whose population is less than 400,000, the

5-37 governing body shall, to the extent this notice does not duplicate the notice

5-38 required by subsection 2, cause a notice to be sent by mail at least 10 days

5-39 before the hearing to:

5-40 (a) The applicant;

5-41 (b) Each owner, as listed on the county assessor’s records, of real

5-42 property located within 300 feet of the portion of the boundary being

5-43 changed;

6-1 (c) Each [owner,] of the owners, as listed on the county assessor’s

6-2 records, of at least the 30 parcels nearest to the portion of the boundary

6-3 being changed, to the extent this notice does not duplicate the notice given

6-4 pursuant to paragraph (b); and

6-5 (d) Any advisory board which has been established for the affected area

6-6 by the governing body.

6-7 The notice must be written in language which is easy to understand. It must

6-8 set forth the time, place and purpose of the hearing and a physical

6-9 description of, or a map detailing, the proposed change.

6-10 4. If the proposed amendment involves a change in the boundary of a

6-11 zoning district in a county whose population is 400,000 or more, the

6-12 governing body shall, to the extent this notice does not duplicate the notice

6-13 required by subsection 2, cause a notice to be sent by mail at least 10 days

6-14 before the hearing to:

6-15 (a) The applicant;

6-16 (b) Each owner, as listed on the county assessor’s records, of real

6-17 property located within 500 feet [from] of the portion of the boundary

6-18 being changed;

6-19 (c) Each [owner,] of the owners, as listed on the county assessor’s

6-20 records, of at least the 30 parcels nearest to the portion of the boundary

6-21 being changed, to the extent this notice does not duplicate the notice given

6-22 pursuant to paragraph (b); and

6-23 (d) Any advisory board which has been established for the affected area

6-24 by the governing body.

6-25 The notice must be written in language which is easy to understand. It must

6-26 set forth the time, place and purpose of the hearing and a physical

6-27 description of, or a map detailing, the proposed change.

6-28 5. If the application involves a change in the boundary of a zoning

6-29 district within an unincorporated town, the applicant shall present the

6-30 information contained in the application at a meeting of the town board,

6-31 citizens’ advisory council or town advisory board, whichever is

6-32 applicable, before a hearing is held on the application pursuant to

6-33 subsection 2. The town board, citizens’ advisory council or town advisory

6-34 board may make recommendations regarding the application and submit

6-35 its recommendations for consideration at the hearing held pursuant to

6-36 subsection 2. The governing body or other person or entity that is

6-37 authorized to take action on the application at the hearing held pursuant

6-38 to subsection 2 shall not take action on the application until it receives

6-39 recommendations from the town board, citizens’ advisory council or

6-40 town advisory board regarding the application or evidence from the

6-41 applicant that he presented the information contained in the application

6-42 at a meeting of the town board, citizens’ advisory council or town

6-43 advisory board. The governing body or other authorized person or entity

7-1 shall consider any recommendations made by the town board, citizens’

7-2 advisory council or town advisory board regarding the application. If the

7-3 governing body or other authorized person or entity does not accept any

7-4 such recommendation, the governing body or other authorized person or

7-5 entity shall make a written finding specifying the reasons for its refusal

7-6 to accept the recommendation.

7-7 6. The exterior of the notice mailed pursuant to subsection 4 must bear

7-8 a statement printed in at least 10-point bold type in substantially the

7-9 following form:

7-10 OFFICIAL NOTICE OF PUBLIC HEARING

7-11 [6.] 7. In addition to mailing the notice required pursuant to subsection

7-12 4, in a county whose population is 400,000 or more, the governing body

7-13 shall, [no] not later than 10 days before the hearing, erect or cause to be

7-14 erected on the property, at least one sign not less than 2 feet high and 2 feet

7-15 wide. The sign must be made of material reasonably calculated to withstand

7-16 the elements for 40 days. The governing body must be consistent in its use

7-17 of colors for the background and lettering of the sign. The sign must

7-18 include the following information:

7-19 (a) The existing zoning designation of the property in question;

7-20 (b) The proposed zoning designation of the property in question;

7-21 (c) The date, time and place of the public hearing;

7-22 (d) A telephone number which may be used by interested persons to

7-23 obtain additional information; and

7-24 (e) A statement which indicates whether the proposed zoning

7-25 designation of the property in question complies with the requirements of

7-26 the master plan of the city or county in which the property is located.

7-27 [7.] 8. A sign required pursuant to subsection [6] 7 is for informational

7-28 purposes only, and must be erected regardless of any local ordinance

7-29 regarding the size, placement or composition of signs to the contrary.

7-30 [8.] 9. A governing body may charge an additional fee for each

7-31 application to amend an existing zoning regulation, restriction or boundary

7-32 to cover the actual costs resulting from the mailed notice required by this

7-33 section and the erection of not more than one of the signs required by

7-34 subsection [6,] 7, if any. The additional fee is not subject to the limitation

7-35 imposed by NRS 354.5989.

7-36 [9.] 10. The governing body shall remove or cause to be removed any

7-37 sign required by subsection [6] 7 within 5 days after the final hearing for

7-38 the application for which the sign was erected. There must be no additional

7-39 charge to the applicant for such removal.

8-1 Sec. 6. NRS 278.315 is hereby amended to read as follows:

8-2 278.315 1. The governing body may provide by ordinance for the

8-3 granting of variances, special use permits, conditional use permits or other

8-4 special exceptions by the board of adjustment, the planning commission or

8-5 a hearing examiner appointed pursuant to NRS 278.262. The governing

8-6 body may impose this duty entirely on the board, commission or examiner,

8-7 respectively, or provide for the granting of enumerated categories of

8-8 variances, special use permits, conditional use permits or special exceptions

8-9 by the board, commission or examiner.

8-10 2. A hearing to consider an application for the granting of a variance,

8-11 special use permit, conditional use permit or special exception must be held

8-12 before the board of adjustment, planning commission or hearing examiner

8-13 within 65 days after the filing of the application, unless a longer time or a

8-14 different process of review is provided in an agreement entered into

8-15 pursuant to NRS 278.0201. A notice setting forth the time, place and

8-16 purpose of the hearing must be sent by mail at least 10 days before the

8-17 hearing to:

8-18 (a) The applicant;

8-19 (b) Each owner of real property located within 300 feet of the property

8-20 in question;

8-21 (c) If a mobile home park is located within 300 feet of the property in

8-22 question, each tenant of that mobile home park; and

8-23 (d) Any advisory board which has been established for the affected area

8-24 by the governing body.

8-25 The notice must be written in language which is easy to understand. It must

8-26 set forth the time, place and purpose of the hearing and a physical

8-27 description or map of the property in question.

8-28 3. If the application is for the issuance of a special use permit in a

8-29 county whose population is 100,000 or more, the governing body shall, to

8-30 the extent this notice does not duplicate the notice required by subsection 2,

8-31 cause a notice to be sent by mail at least 10 days before the hearing to each

8-32 [owner,] of the owners, as listed on the county assessor’s records, of at

8-33 least the 30 parcels nearest to the property in question. The notice must be

8-34 written in language which is easy to understand. It must set forth the time,

8-35 place and purpose of the hearing and a physical description or map of the

8-36 property in question.

8-37 4. If an application is for the issuance of a variance or special use

8-38 permit with regard to property that is located within an unincorporated

8-39 town, the applicant shall present the information contained in the

8-40 application at a meeting of the town board, citizens’ advisory council or

8-41 town advisory board, whichever is applicable, before a hearing is held on

8-42 the application pursuant to subsection 2. The town board, citizens’

8-43 advisory council or town advisory board may make recommendations

9-1 regarding the application and submit its recommendations for

9-2 consideration at the hearing held pursuant to subsection 2. The

9-3 governing body or other person or entity that is authorized to take action

9-4 on the application at the hearing held pursuant to subsection 2 shall not

9-5 take action on the application until it receives recommendations from the

9-6 town board, citizens’ advisory council or town advisory board regarding

9-7 the application or evidence from the applicant that he presented the

9-8 information contained in the application at a meeting of the town board,

9-9 citizens’ advisory council or town advisory board. The governing body or

9-10 other authorized person or entity shall consider any recommendations

9-11 made by the town board, citizens’ advisory council or town advisory

9-12 board regarding the application. If the governing body or other

9-13 authorized person or entity does not accept any such recommendation,

9-14 the governing body or other authorized person or entity shall make a

9-15 written finding specifying the reasons for its refusal to accept the

9-16 recommendation.

9-17 5. An ordinance adopted pursuant to this section must provide an

9-18 opportunity for the applicant or a protestant to appeal from a decision of

9-19 the board of adjustment, planning commission or hearing examiner to the

9-20 governing body.

9-21 [5.] 6. In a county whose population is 400,000 or more, if the

9-22 application is for the issuance of a special use permit for an establishment

9-23 which serves alcoholic beverages for consumption on or off of the premises

9-24 as its primary business in a district which is not a gaming enterprise district

9-25 as defined in NRS 463.0158, the governing body shall, in addition to

9-26 mailing the notice required pursuant to subsection 3, not later than 10 days

9-27 before the hearing, erect or cause to be erected on the property, at least one

9-28 sign not less than 2 feet high and 2 feet wide. The sign must be made of

9-29 material reasonably calculated to withstand the elements for 40 days. The

9-30 governing body must be consistent in its use of colors for the background

9-31 and lettering of the sign. The sign must include the following information:

9-32 (a) The existing permitted use and zoning designation of the property in

9-33 question;

9-34 (b) The proposed permitted use of the property in question;

9-35 (c) The date, time and place of the public hearing; and

9-36 (d) A telephone number which may be used by interested persons to

9-37 obtain additional information.

9-38 [6.] 7. A sign required pursuant to subsection [5] 6 is for informational

9-39 purposes only, and must be erected regardless of any local ordinance

9-40 regarding the size, placement or composition of signs to the contrary.

9-41 [7.] 8. A governing body may charge an additional fee for each

9-42 application for a special use permit to cover the actual costs resulting from

9-43 the erection of not more than one sign required by subsection [5,] 6, if any.

10-1 The additional fee is not subject to the limitation imposed by NRS

10-2 354.5989.

10-3 [8.] 9. The governing body shall remove or cause to be removed any

10-4 sign required by subsection [5] 6 within 5 days after the final hearing for

10-5 the application for which the sign was erected. There must be no additional

10-6 charge to the applicant for such removal.

10-7 Sec. 7. Chapter 269 of NRS is hereby amended by adding thereto a

10-8 new section to read as follows:

10-9 Each member of a town advisory board must, at least twice during the

10-10 first year after his initial appointment and at least once each year

10-11 thereafter, receive training relating to:

10-12 1. State statutes and regulations and local ordinances, resolutions

10-13 and regulations concerning land use planning; and

10-14 2. The provisions of chapter 241 of NRS.

10-15 Sec. 8. NRS 269.500 is hereby amended to read as follows:

10-16 269.500 NRS 269.500 to 269.625, inclusive, and section 7 of this act

10-17 may be cited as the Unincorporated Town Government Law.

10-18 Sec. 9. NRS 269.576 is hereby amended to read as follows:

10-19 269.576 1. Except as appointment may be deferred pursuant to NRS

10-20 269.563, the board of county commissioners of any county whose

10-21 population is 400,000 or more shall, in each ordinance which establishes an

10-22 unincorporated town pursuant to NRS 269.500 to 269.625, inclusive,

10-23 provide for:

10-24 (a) Appointment by the board of county commissioners or the election

10-25 by the people of three or five qualified electors who are residents of the

10-26 unincorporated town to serve as the town advisory board. If the ordinance

10-27 provides for appointment by the board of county commissioners, in

10-28 making such appointments, the board of county commissioners shall

10-29 consider:

10-30 (1) Reappointment of any member of the town advisory board who

10-31 is currently serving on the town advisory board and who notifies the

10-32 board of county commissioners of his desire to be reappointed;

10-33 (2) The results of any poll conducted by the town advisory board;

10-34 and

10-35 (3) Any application submitted to the board of county commissioners

10-36 by persons who desire to be appointed to the town advisory board in

10-37 response to an announcement made by the town advisory board.

10-38 (b) Terms for members of the town advisory board, which must expire

10-39 on the first Monday in January of each odd-numbered year.

10-40 (c) Removal of a member of the town advisory board if the board of

10-41 county commissioners finds that his removal is in the best interest of the

10-42 residents of the unincorporated town, and for appointment of a member to

10-43 serve the unexpired term of the member so removed.

11-1 2. The duties of the town advisory board are to:

11-2 (a) Assist the board of county commissioners in governing the

11-3 unincorporated town by acting as liaison between the residents of the town

11-4 and the board of county commissioners; and

11-5 (b) Advise the board of county commissioners on matters of importance

11-6 to the unincorporated town and its residents.

11-7 3. The board of county commissioners may provide by ordinance for

11-8 compensation for the members of the town advisory board.

11-9 Sec. 10. 1. This section and sections 1, 2, 3, 5, 6, 8 and 9 of this act

11-10 become effective on October 1, 1999.

11-11 2. Sections 4 and 7 of this act become effective on January 1, 2000.

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