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 278.150 is hereby amended to read as follows: 278.150 1. The planning commission shall prepare and adopt a1-3
comprehensive, long-term general plan for the physical development of the1-4
city, county or region which in the commission’s judgment bears relation to1-5
the planning thereof.1-6
2. The plan must be known as the master plan, and must be so prepared1-7
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 to1-9
278.630, inclusive, as a basis for the development of the city, county or1-10
region for such reasonable period of time next ensuing after the adoption1-11
thereof as may practically be covered thereby.1-12
3. In counties whose population is 100,000 or more, if the governing1-13
body of the city or county adopts only a portion of the master plan, it shall1-14
include in that portion a conservation plan, a housing plan and a population1-15
plan as provided in NRS 278.160.2-1
4. In counties whose population is 400,000 or more, the governing2-2
body of the city or county shall adopt a master plan that includes each of2-3
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: 278.160 1.2-6
NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the2-7
accompanying charts, drawings, diagrams, schedules and reports, may2-8
include such of the following subject matter or portions thereof as are2-9
appropriate to the city, county or region, and as may be made the basis for2-10
the physical development thereof:2-11
(a) Community design. Standards and principles governing the2-12
subdivision of land and suggestive patterns for community design and2-13
development.2-14
(b) Conservation plan. For the conservation, development and utilization2-15
of natural resources, including water and its hydraulic force, underground2-16
water, water supply, forests, soils, rivers and other waters, harbors,2-17
fisheries, wildlife, minerals and other natural resources. The plan must also2-18
cover the reclamation of land and waters, flood control, prevention and2-19
control of the pollution of streams and other waters, regulation of the use of2-20
land in stream channels and other areas required for the accomplishment of2-21
the conservation plan, prevention, control and correction of the erosion of2-22
soils through proper clearing, grading and landscaping, beaches and shores,2-23
and protection of watersheds. The plan must also indicate the maximum2-24
tolerable level of air pollution.2-25
(c) Economic plan. Showing recommended schedules for the allocation2-26
and expenditure of public money in order to provide for the economical2-27
and timely execution of the various components of the plan.2-28
(d) Historical properties preservation plan. An inventory of significant2-29
historical, archaeological and architectural properties as defined by a city,2-30
county or region, and a statement of methods to encourage the preservation2-31
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 and2-34
procedures for improving housing standards and for providing adequate2-35
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 for2-39
affordable housing in the community.2-40
(5) An analysis of any impediments to the development of affordable2-41
housing and the development of policies to mitigate those impediments.2-42
(6) An analysis of the characteristics of the land that is the most2-43
appropriate for the construction of affordable housing.3-1
(7) An analysis of the needs and appropriate methods for the3-2
construction of affordable housing or the conversion or rehabilitation of3-3
existing housing to affordable housing.3-4
(8) A plan for maintaining and developing affordable housing to meet3-5
the housing needs of the community.3-6
(f) Land use plan. An inventory and classification of types of natural3-7
land and of existing land cover and uses, and comprehensive plans for the3-8
most desirable utilization of land. The land use plan may include a3-9
provision concerning the acquisition and use of land that is under federal3-10
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 the3-13
natural resources of the city, county or region will support on a continuing3-14
basis without unreasonable impairment.3-15
(h) Public buildings. Showing locations and arrangement of civic centers3-16
and all other public buildings, including the architecture thereof and the3-17
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 NRS3-21
278.145.3-22
(j) Recreation plan. Showing a comprehensive system of recreation3-23
areas, including natural reservations, parks, parkways, trails, reserved3-24
riverbank strips, beaches, playgrounds and other recreation areas,3-25
including, when practicable, the locations and proposed development3-26
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, including3-29
hazards from floods, landslides or fires, or resulting from the manufacture,3-30
storage, transfer or use of bulk quantities of hazardous materials. The plan3-31
may set forth policies for avoiding or minimizing the risks from those3-32
hazards.3-33
(l) Seismic safety plan. Consisting of an identification and appraisal of3-34
seismic hazards such as susceptibility to surface ruptures from faulting, to3-35
ground shaking or to ground failures.3-36
(m) Solid waste disposal plan. Showing general plans for the disposal of3-37
solid waste.3-38
(n) Streets and highways plan. Showing the general locations and widths3-39
of a comprehensive system of major traffic thoroughfares and other traffic3-40
ways and of streets and the recommended treatment thereof, building line3-41
setbacks, and a system of naming or numbering streets and numbering3-42
houses, with recommendations concerning proposed changes.4-1
(o) Transit plan. Showing a proposed multi-modal system of transit4-2
lines, including4-3
coach lines , paths for bicycles and pedestrians, and related facilities.4-4
(p) Transportation plan. Showing a comprehensive transportation4-5
system, including locations of rights of way, terminals, viaducts and grade4-6
separations. The plan may also include port, harbor, aviation and related4-7
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 as4-10
may in its judgment relate to the physical development of the city, county4-11
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 the4-13
master plan.4-14
Sec. 3. NRS 278.170 is hereby amended to read as follows: 278.170 1.4-16
3, the commission may prepare and adopt all or any part of the master plan4-17
or any subject thereof4-18
part of the city, county or region. Master regional plans must be4-19
coordinated with similar plans of adjoining regions, and master county and4-20
city plans within each region must be coordinated so as to fit properly into4-21
the master plan for the region.4-22
2. In counties whose population is 100,000 or more, if the commission4-23
prepares and adopts less than all subjects of the master plan, as outlined in4-24
NRS 278.160, it shall include, in its preparation and adoption, the4-25
conservation, housing and population plans described in that section.4-26
3. In counties whose population is 400,000 or more, the commission4-27
shall prepare and adopt a master plan that includes each of the subjects4-28
set forth in subsection 1 of NRS 278.160.4-29
Sec. 4. NRS 278.210 is hereby amended to read as follows: 278.210 1. Before adopting the master plan or any part of it, or any4-31
substantial amendment thereof, the commission shall hold at least one4-32
public hearing thereon, notice of the time and place of which shall be given4-33
at least by one publication in a newspaper of general circulation in the city4-34
or county, or in the case of a regional planning commission, by one4-35
publication in a newspaper in each county within the regional district, at4-36
least 10 days before the day of the hearing.4-37
2. The adoption of the master plan, or of any amendment, extension or4-38
addition thereof,4-39
the affirmative votes of not less than two-thirds of the total membership of4-40
the commission. The resolution4-41
descriptive matter and other matter intended by the commission to4-42
constitute the plan or any amendment, addition or extension thereof, and4-43
the action taken5-1
descriptive matter by the identifying signatures of the secretary and5-2
chairman of the commission.5-3
3. No plan or map, hereafter,5-4
is a part of the master plan until it5-5
the master plan by the commission as herein provided for the adoption5-6
thereof, whenever changed conditions or further studies by the commission5-7
require such amendments, extension, or addition.5-8
4. Except as otherwise provided in this subsection, the commission5-9
shall not amend the land use plan of the master plan set forth in5-10
paragraph (f) of subsection 1 of NRS 278.160 more than four times in a5-11
calendar year. The provisions of this subsection do not apply to a change5-12
in the land use designated for a particular area if the change does not5-13
affect more than 25 percent of the area.5-14
5. An attested copy of any part, amendment, extension of or addition to5-15
the master plan adopted by the planning commission of any city, county or5-16
region5-17
county or region.5-18
5-19
addition to the master plan adopted by any regional planning commission5-20
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: 278.260 1. The governing body shall provide for the manner in5-24
which zoning regulations and restrictions and the boundaries of zoning5-25
districts are determined, established, enforced and amended.5-26
2. A zoning regulation, restriction or boundary must not become5-27
effective until after a public hearing at which parties in interest and other5-28
persons have an opportunity to be heard. The governing body shall cause5-29
notice of the time and place of the hearing to be:5-30
(a) Published in an official newspaper, or a newspaper of general5-31
circulation, in the city, county or region; and5-32
(b) Mailed to each tenant of a mobile home park if that park is located5-33
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 a5-36
zoning district in a county whose population is less than 400,000, the5-37
governing body shall, to the extent this notice does not duplicate the notice5-38
required by subsection 2, cause a notice to be sent by mail at least 10 days5-39
before the hearing to:5-40
(a) The applicant;5-41
(b) Each owner, as listed on the county assessor’s records, of real5-42
property located within 300 feet of the portion of the boundary being5-43
changed;6-1
(c) Each6-2
records, of at least the 30 parcels nearest to the portion of the boundary6-3
being changed, to the extent this notice does not duplicate the notice given6-4
pursuant to paragraph (b); and6-5
(d) Any advisory board which has been established for the affected area6-6
by the governing body.6-7
The notice must be written in language which is easy to understand. It must6-8
set forth the time, place and purpose of the hearing and a physical6-9
description of, or a map detailing, the proposed change.6-10
4. If the proposed amendment involves a change in the boundary of a6-11
zoning district in a county whose population is 400,000 or more, the6-12
governing body shall, to the extent this notice does not duplicate the notice6-13
required by subsection 2, cause a notice to be sent by mail at least 10 days6-14
before the hearing to:6-15
(a) The applicant;6-16
(b) Each owner, as listed on the county assessor’s records, of real6-17
property located within 500 feet6-18
being changed;6-19
(c) Each6-20
records, of at least the 30 parcels nearest to the portion of the boundary6-21
being changed, to the extent this notice does not duplicate the notice given6-22
pursuant to paragraph (b); and6-23
(d) Any advisory board which has been established for the affected area6-24
by the governing body.6-25
The notice must be written in language which is easy to understand. It must6-26
set forth the time, place and purpose of the hearing and a physical6-27
description of, or a map detailing, the proposed change.6-28
5. If the application involves a change in the boundary of a zoning6-29
district within an unincorporated town, the applicant shall present the6-30
information contained in the application at a meeting of the town board,6-31
citizens’ advisory council or town advisory board, whichever is6-32
applicable, before a hearing is held on the application pursuant to6-33
subsection 2. The town board, citizens’ advisory council or town advisory6-34
board may make recommendations regarding the application and submit6-35
its recommendations for consideration at the hearing held pursuant to6-36
subsection 2. The governing body or other person or entity that is6-37
authorized to take action on the application at the hearing held pursuant6-38
to subsection 2 shall not take action on the application until it receives6-39
recommendations from the town board, citizens’ advisory council or6-40
town advisory board regarding the application or evidence from the6-41
applicant that he presented the information contained in the application6-42
at a meeting of the town board, citizens’ advisory council or town6-43
advisory board. The governing body or other authorized person or entity7-1
shall consider any recommendations made by the town board, citizens’7-2
advisory council or town advisory board regarding the application. If the7-3
governing body or other authorized person or entity does not accept any7-4
such recommendation, the governing body or other authorized person or7-5
entity shall make a written finding specifying the reasons for its refusal7-6
to accept the recommendation.7-7
6. The exterior of the notice mailed pursuant to subsection 4 must bear7-8
a statement printed in at least 10-point bold type in substantially the7-9
following form:7-10
OFFICIAL NOTICE OF PUBLIC HEARING7-11
7-12
4, in a county whose population is 400,000 or more, the governing body7-13
shall,7-14
erected on the property, at least one sign not less than 2 feet high and 2 feet7-15
wide. The sign must be made of material reasonably calculated to withstand7-16
the elements for 40 days. The governing body must be consistent in its use7-17
of colors for the background and lettering of the sign. The sign must7-18
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 to7-23
obtain additional information; and7-24
(e) A statement which indicates whether the proposed zoning7-25
designation of the property in question complies with the requirements of7-26
the master plan of the city or county in which the property is located.7-27
7-28
purposes only, and must be erected regardless of any local ordinance7-29
regarding the size, placement or composition of signs to the contrary.7-30
7-31
application to amend an existing zoning regulation, restriction or boundary7-32
to cover the actual costs resulting from the mailed notice required by this7-33
section and the erection of not more than one of the signs required by7-34
subsection7-35
imposed by NRS 354.5989.7-36
7-37
sign required by subsection7-38
the application for which the sign was erected. There must be no additional7-39
charge to the applicant for such removal.8-1
Sec. 6. NRS 278.315 is hereby amended to read as follows: 278.315 1. The governing body may provide by ordinance for the8-3
granting of variances, special use permits, conditional use permits or other8-4
special exceptions by the board of adjustment, the planning commission or8-5
a hearing examiner appointed pursuant to NRS 278.262. The governing8-6
body may impose this duty entirely on the board, commission or examiner,8-7
respectively, or provide for the granting of enumerated categories of8-8
variances, special use permits, conditional use permits or special exceptions8-9
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 held8-12
before the board of adjustment, planning commission or hearing examiner8-13
within 65 days after the filing of the application, unless a longer time or a8-14
different process of review is provided in an agreement entered into8-15
pursuant to NRS 278.0201. A notice setting forth the time, place and8-16
purpose of the hearing must be sent by mail at least 10 days before the8-17
hearing to:8-18
(a) The applicant;8-19
(b) Each owner of real property located within 300 feet of the property8-20
in question;8-21
(c) If a mobile home park is located within 300 feet of the property in8-22
question, each tenant of that mobile home park; and8-23
(d) Any advisory board which has been established for the affected area8-24
by the governing body.8-25
The notice must be written in language which is easy to understand. It must8-26
set forth the time, place and purpose of the hearing and a physical8-27
description or map of the property in question.8-28
3. If the application is for the issuance of a special use permit in a8-29
county whose population is 100,000 or more, the governing body shall, to8-30
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 each8-32
8-33
least the 30 parcels nearest to the property in question. The notice must be8-34
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 the8-36
property in question.8-37
4. If an application is for the issuance of a variance or special use8-38
permit with regard to property that is located within an unincorporated8-39
town, the applicant shall present the information contained in the8-40
application at a meeting of the town board, citizens’ advisory council or8-41
town advisory board, whichever is applicable, before a hearing is held on8-42
the application pursuant to subsection 2. The town board, citizens’8-43
advisory council or town advisory board may make recommendations9-1
regarding the application and submit its recommendations for9-2
consideration at the hearing held pursuant to subsection 2. The9-3
governing body or other person or entity that is authorized to take action9-4
on the application at the hearing held pursuant to subsection 2 shall not9-5
take action on the application until it receives recommendations from the9-6
town board, citizens’ advisory council or town advisory board regarding9-7
the application or evidence from the applicant that he presented the9-8
information contained in the application at a meeting of the town board,9-9
citizens’ advisory council or town advisory board. The governing body or9-10
other authorized person or entity shall consider any recommendations9-11
made by the town board, citizens’ advisory council or town advisory9-12
board regarding the application. If the governing body or other9-13
authorized person or entity does not accept any such recommendation,9-14
the governing body or other authorized person or entity shall make a9-15
written finding specifying the reasons for its refusal to accept the9-16
recommendation.9-17
5. An ordinance adopted pursuant to this section must provide an9-18
opportunity for the applicant or a protestant to appeal from a decision of9-19
the board of adjustment, planning commission or hearing examiner to the9-20
governing body.9-21
9-22
application is for the issuance of a special use permit for an establishment9-23
which serves alcoholic beverages for consumption on or off of the premises9-24
as its primary business in a district which is not a gaming enterprise district9-25
as defined in NRS 463.0158, the governing body shall, in addition to9-26
mailing the notice required pursuant to subsection 3, not later than 10 days9-27
before the hearing, erect or cause to be erected on the property, at least one9-28
sign not less than 2 feet high and 2 feet wide. The sign must be made of9-29
material reasonably calculated to withstand the elements for 40 days. The9-30
governing body must be consistent in its use of colors for the background9-31
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 in9-33
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; and9-36
(d) A telephone number which may be used by interested persons to9-37
obtain additional information.9-38
9-39
purposes only, and must be erected regardless of any local ordinance9-40
regarding the size, placement or composition of signs to the contrary.9-41
9-42
application for a special use permit to cover the actual costs resulting from9-43
the erection of not more than one sign required by subsection10-1
The additional fee is not subject to the limitation imposed by NRS10-2
354.5989.10-3
10-4
sign required by subsection10-5
the application for which the sign was erected. There must be no additional10-6
charge to the applicant for such removal.10-7
Sec. 7. Chapter 269 of NRS is hereby amended by adding thereto a10-8
new section to read as follows:10-9
Each member of a town advisory board must, at least twice during the10-10
first year after his initial appointment and at least once each year10-11
thereafter, receive training relating to:10-12
1. State statutes and regulations and local ordinances, resolutions10-13
and regulations concerning land use planning; and10-14
2. The provisions of chapter 241 of NRS.10-15
Sec. 8. NRS 269.500 is hereby amended to read as follows: 269.500 NRS 269.500 to 269.625, inclusive, and section 7 of this act10-17
may be cited as the Unincorporated Town Government Law.10-18
Sec. 9. NRS 269.576 is hereby amended to read as follows: 269.576 1. Except as appointment may be deferred pursuant to NRS10-20
269.563, the board of county commissioners of any county whose10-21
population is 400,000 or more shall, in each ordinance which establishes an10-22
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 election10-25
by the people of three or five qualified electors who are residents of the10-26
unincorporated town to serve as the town advisory board. If the ordinance10-27
provides for appointment by the board of county commissioners, in10-28
making such appointments, the board of county commissioners shall10-29
consider:10-30
(1) Reappointment of any member of the town advisory board who10-31
is currently serving on the town advisory board and who notifies the10-32
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
and10-35
(3) Any application submitted to the board of county commissioners10-36
by persons who desire to be appointed to the town advisory board in10-37
response to an announcement made by the town advisory board.10-38
(b) Terms for members of the town advisory board, which must expire10-39
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 of10-41
county commissioners finds that his removal is in the best interest of the10-42
residents of the unincorporated town, and for appointment of a member to10-43
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 the11-3
unincorporated town by acting as liaison between the residents of the town11-4
and the board of county commissioners; and11-5
(b) Advise the board of county commissioners on matters of importance11-6
to the unincorporated town and its residents.11-7
3. The board of county commissioners may provide by ordinance for11-8
compensation for the members of the town advisory board. Sec. 10. 1. This section and sections 1, 2, 3, 5, 6, 8 and 9 of this act11-10
become effective on October 1, 1999.11-11
2. Sections 4 and 7 of this act become effective on January 1, 2000.~