1. Assembly Bill No. 424–Assemblymen Freeman, Gibbons,


  1. Humke, Leslie, Evans and Anderson

CHAPTER........

AN ACT relating to land use planning; revising provisions regarding plans for capital

improvements; expanding the contents of a comprehensive regional plan; requiring

members of the regional planning commission to complete certain training;

authorizing the governing body of a local government to use certain land use

controls and principles of zoning; and providing other matters properly relating

thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 278 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 and 3 of this act.

Sec. 2. The legislature hereby finds and declares that:

1. The process of regional planning in a county whose population is

100,000 or more but less than 400,000, as set forth in NRS 278.026 to

278.029, inclusive, and sections 2 and 3 of this act, ensures that

comprehensive planning will be carried out with respect to population,

conservation, land use and transportation, public facilities and services,

annexation and intergovernmental coordination.

2. The process of regional planning set forth in NRS 278.026 to

278.029, inclusive, and sections 2 and 3 of this act, does not specifically

limit the premature expansion of development into undeveloped areas or

address the unique needs and opportunities that are characteristic of

older neighborhoods in a county whose population is 100,000 or more

but less than 400,000.

3. The problem of the premature expansion of development into

undeveloped areas and the unique needs and opportunities that are

characteristic of older neighborhoods may be addressed through:

(a) Cooperative efforts to preserve and revitalize urban areas and

older neighborhoods; and

(b) Review of the master plans, facilities plans and other similar plans

of local governments and other affected entities.

4. It is the intent of the legislature with respect to NRS 278.026 to

278.029, inclusive, and sections 2 and 3 of this act, that each local

government and affected entity shall exercise its powers and duties in a

manner that is in harmony with the powers and duties exercised by other

local governments and affected entities to enhance the long-term health

and welfare of the county and all its residents.

Secs. 3 and 4. (Deleted by amendment.)

Sec. 5. NRS 278.0226 is hereby amended to read as follows:

  1. 278.0226 The governing body of each local government whose budget
  1. includes any expenditure for the acquisition or maintenance of a capital
  1. improvement shall annually prepare a plan for capital improvements which
  2. conforms with its master plan and which includes at least the 3 ensuing
  1. fiscal years but not more than [5] 20 fiscal years. The plan for capital
  1. improvements must identify:
  1. 1. Costs that the local government expects to incur; and
  1. 2. Sources of revenue that the local government will use,
  1. to acquire, maintain, operate and replace capital improvements.

Sec. 6. NRS 278.026 is hereby amended to read as follows:

  1. 278.026 As used in NRS 278.026 to 278.029, inclusive, and sections 2
  1. and 3 of this act, unless the context otherwise requires:
  1. 1. "Affected entity" means a public utility, franchise holder, local or
  1. regional agency, or any other entity having responsibility for planning or
  1. providing public facilities relating to transportation, solid waste, energy
  1. generation and transmission, conventions and the promotion of tourism, air
  1. quality or public education. The term does not include:
  1. (a) A state agency; or
  1. (b) A public utility which is subject to regulation by the public utilities
  1. commission of Nevada.
  1. 2. "Facilities plan" means a plan for the development of public
  1. facilities which will have a regional impact or which will aid in
  1. accomplishing regional goals relating to transportation, solid waste, energy
  1. generation and transmission, conventions and the promotion of tourism, air
  1. quality or public education. The term does not include a plan for the
  1. development of a specific site or regulations adopted by an affected entity
  1. to implement the comprehensive regional plan.
  1. 3. "Governing board" means the governing board for regional planning
  1. created pursuant to NRS 278.0264.
  1. 4. "Joint planning area" means an area that is the subject of common
  1. study and planning by the governing body of a county and one or more
  1. cities.
  1. 5. "Project of regional significance," with respect to a project proposed
  1. by any person other than a public utility, means a project which:
  1. (a) Has been identified in the guidelines of the regional planning
  1. commission as a project which will result in the loss or significant
  1. degradation of a designated historic, archeological, cultural or scenic
  1. resource;
  1. (b) Has been identified in the guidelines of the regional planning
  1. commission as a project which will result in the creation of significant new
  1. geothermal or mining operations;
  1. (c) Has been identified in the guidelines of the regional planning
  1. commission as a project which will have a significant effect on the natural
  1. resources, public services, public facilities or the adopted regional form of
  1. the region; or
  1. (d) Will require a change in zoning, a special use permit, an amendment
  1. to a master plan, a tentative map or other approval for the use of land
  1. which, if approved, will have an effect on the region of increasing:
  1. (1) Employment by not less than 938 employees
  1. ;
  2. (2) Housing by not less than 625 units;
  1. (3) Hotel accommodations by not less than 625 rooms;
  1. (4) Sewage by not less than 187,500 gallons per day;
  1. (5) Water usage by not less than 625 acre feet per year; or
  1. (6) Traffic by not less than an average of 6,250 trips daily.
  1. The term does not include any project for which a request for an
  1. amendment to a master plan, a change in zoning, a tentative map or a
  1. special use permit has been approved by the local planning commission
  1. before June 17, 1989.
  1. 6. "Project of regional significance," with respect to a project proposed
  1. by a utility, includes:
  1. (a) An electric substation;
  1. (b) A transmission line that carries 60 kilovolts or more;
  1. (c) A facility that generates electricity greater than 5 megawatts;
  1. (d) Natural gas storage and peak shaving facilities; and
  1. (e) Gas regulator stations and mains that operate over 100 pounds per
  1. square inch.
  1. 7. "Sphere of influence" means an area into which a city plans to
  1. expand as designated in the comprehensive regional plan within the time
  1. designated in the comprehensive regional plan.

Sec. 7. NRS 278.0262 is hereby amended to read as follows:

  1. 278.0262 1. There is hereby created in each county whose population
  1. is 100,000 or more but less than 400,000, a regional planning commission
  1. consisting of:
  1. (a) Three members from the local planning commission of each city in
  1. the county whose population is 40,000 or more, appointed by the respective
  1. governing bodies of those cities;
  1. (b) One member from the local planning commission of each city in the
  1. county whose population is less than 40,000, appointed by the respective
  1. governing bodies of those cities; and
  1. (c) Three members from the local planning commission of the county,
  1. appointed by the governing body of the county, at least two of whom must
  1. reside in unincorporated areas of the county.
  1. 2. Except for the terms of the initial members of the commission, the
  1. term of each member is 3 years and until the selection and qualification of
  1. his successor. A member may be reappointed. A member who ceases to be
  1. a member of the local planning commission of the jurisdiction from which
  1. he is appointed automatically ceases to be a member of the commission. A
  1. vacancy must be filled for the unexpired term by the governing body which
  1. made the original appointment.
  1. 3. The commission shall elect its chairman from among its members.
  1. The term of the chairman is 1 year. The member elected chairman must
  1. have been appointed by the governing body of the county or a city whose
  1. population is 40,000 or more, as determined pursuant to a schedule adopted
  1. by the commission and made a part of its bylaws which provides for the
  1. annual rotation of the chairmanship among each of those governing bodies.
  2. 4. A member of the commission must be compensated at the rate of
  1. [$40] $80 per meeting or [$200] $400 per month, whichever is less.
  1. 5. Each member of the commission must successfully complete the
  1. course of training prescribed by the governing body pursuant to
  1. subsection 2 of NRS 278.0265 within 1 year after the date on which his
  1. term of appointment commences. A member who fails to complete
  1. successfully the course of training as required pursuant to this subsection
  1. forfeits his appointment 1 year after the date on which his term of
  1. appointment commenced.

Sec. 7.5. NRS 278.0265 is hereby amended to read as follows:

  1. 278.0265 The governing board:
  1. 1. Shall adopt such regulations as are necessary to carry out its specific
  1. powers and duties.
  1. 2. Shall prescribe an appropriate course of at least 12 hours of
  1. training in land use planning for the members of the regional planning
  1. commission. The course of training must include, without limitation,
  1. training relating to:
  1. (a) State statutes and regulations and local ordinances, resolutions
  1. and regulations concerning land use planning; and
  1. (b) The provisions of chapter 241 of NRS.

3. May establish and collect reasonable fees for the provision of any

service that is authorized pursuant to the provisions of NRS 278.026 to

278.029, inclusive [.] , and sections 2 and 3 of this act.

Sec. 8. NRS 278.0274 is hereby amended to read as follows:

  1. 278.0274 The comprehensive regional plan must include goals,
  1. policies, maps and other documents relating to:
  1. 1. Population, including a projection of population growth in the
  1. region and the resources that will be necessary to support that population.
  1. 2. Conservation, including policies relating to the use and protection of
  1. air, land, water, and other natural resources, ambient air quality, natural
  1. recharge areas, floodplains and wetlands, and a map showing the areas that
  1. are best suited for development based on those policies.

3. The limitation of the premature expansion of development into

undeveloped areas, preservation of neighborhoods and revitalization of

urban areas, including, without limitation, policies that relate to the

interspersion of new housing and businesses in established

neighborhoods and set forth principles by which growth will be directed

to older urban areas.

  1. 4. Land use and transportation, including the classification of future
  1. land uses by density or intensity of development based upon the projected
  1. necessity and availability of public facilities and services and natural
  1. resources, and the compatibility of development in one area with that of
  1. other areas in the region. This portion of the plan must allow for a variety
  1. of uses, describe the transportation facilities that will be necessary to satisfy
  2. the requirements created by those future uses and must be based upon the
  1. policies and map relating to conservation that are developed pursuant to
  1. subsection 2, surveys, studies and data relating to the area, the amount of
  1. land required to accommodate planned growth, the population of the area
  1. projected pursuant to subsection 1, and the characteristics of undeveloped
  1. land in the area.
  1. [4.] 5. Public facilities and services, including provisions relating to
  1. sanitary sewer facilities, solid waste, flood control, potable water and
  1. ground-water aquifer recharge which are correlated with principles and
  1. guidelines for future land uses, and which specify ways to satisfy the
  1. requirements created by those future uses. This portion of the plan must
  1. [describe] :
  1. (a) Describe the problems and needs of the area relating to public
  1. facilities and services and the general facilities that will be required for
  1. their solution and satisfaction [, identify] ;
  1. (b) Identify the providers of public services within the region and the
  1. area within which each must serve, including service territories set by the
  1. public utilities commission of Nevada for public utilities [, and must
  1. establish] ;
  1. (c) Establish the time within which those public facilities and services
  1. necessary to support the development relating to land use and
  1. transportation must be made available to satisfy the requirements created
  1. by that development [.
  1. 5.] ; and
  1. (d) Contain a summary prepared by the regional planning
  1. commission regarding the plans for capital improvements that:
  1. (1) Are required to be prepared by each local government in the
  1. region pursuant to NRS 278.0226; and
  1. (2) May be prepared by the water planning commission of the
  1. county, the regional transportation commission and the county school
  1. district.
  1. 6. Annexation, including the identification of spheres of influence for
  1. each unit of local government, improvement district or other service district
  1. and specifying standards and policies for changing the boundaries of a
  1. sphere of influence and procedures for the review of development within
  1. each sphere of influence. As used in this subsection, "sphere of influence"
  1. means an area into which a political subdivision may expand in the
  1. foreseeable future.
  1. [6.] 7. Intergovernmental coordination, including the establishment of
  1. guidelines for determining whether local master plans and facilities plans
  1. conform with the comprehensive regional plan.
  1. [7.] 8. Any utility project required to be reported pursuant to NRS
  1. 278.145.

Sec. 8.5. (Deleted by amendment.)

Sec. 9. NRS 278.250 is hereby amended to read as follows:

  1. 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,
  1. the governing body may divide the city, county or region into zoning
  1. districts of such number, shape and area as are best suited to carry out the
  1. purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district
  1. it may regulate and restrict the erection, construction, reconstruction,
  1. alteration, repair or use of buildings, structures or land.
  1. 2. The zoning regulations must be adopted in accordance with the
  1. master plan for land use and be designed:
  1. (a) To preserve the quality of air and water resources.
  1. (b) To promote the conservation of open space and the protection of
  1. other natural and scenic resources from unreasonable impairment.
  1. (c) To provide for recreational needs.
  1. (d) To protect life and property in areas subject to floods, landslides and
  1. other natural disasters.
  1. (e) To conform to the adopted population plan, if required by NRS
  1. 278.170.
  1. (f) To develop a timely, orderly and efficient arrangement of
  1. transportation and public facilities and services, including facilities and
  1. services for bicycles.
  1. (g) To ensure that the development on land is commensurate with the
  1. character and the physical limitations of the land.
  1. (h) To take into account the immediate and long-range financial impact
  1. of the application of particular land to particular kinds of development, and
  1. the relative suitability of the land for development.
  1. (i) To promote health and the general welfare.
  1. (j) To ensure the development of an adequate supply of housing for the
  1. community, including the development of affordable housing.
  1. 3. The zoning regulations must be adopted with reasonable
  1. consideration, among other things, to the character of the area and its
  1. peculiar suitability for particular uses, and with a view to conserving the
  1. value of buildings and encouraging the most appropriate use of land
  1. throughout the city, county or region.
  1. 4. In exercising the powers granted in this section, the governing
  1. body may use any controls relating to land use or principles of zoning
  1. that the governing body determines to be appropriate, including, without
  1. limitation, density bonuses, inclusionary zoning and minimum density
  1. zoning.
  1. 5. As used in this section:
  1. (a) "Density bonus" means an incentive granted by a governing body
  1. to a developer of real property that authorizes the developer to build at a
  1. greater density than would otherwise be allowed under the master plan,
  1. in exchange for an agreement by the developer to perform certain
  1. functions that the governing body determines to be socially desirable,
  1. including, without limitation, developing an area to include a certain
  1. proportion of affordable housing.
  2. (b) "Inclusionary zoning" means a type of zoning pursuant to which a
  1. governing body requires or provides incentives to a developer who builds
  1. residential dwellings to build a certain percentage of those dwellings as
  1. affordable housing.
  1. (c) "Minimum density zoning" means a type of zoning pursuant to
  1. which development must be carried out at or above a certain density to
  1. maintain conformance with the master plan.

Secs. 10 and 11. (Deleted by amendment.)

Sec. 12. 1. The governing board for regional planning, created

pursuant to NRS 278.0264, shall prescribe the course of training described

in subsection 2 of NRS 278.0265 on or before June 30, 2000.

2. Notwithstanding the provisions of subsection 5 of NRS 278.0262, a

member of the regional planning commission whose term of appointment

commences on or before January 1, 2001, must successfully complete the

course of training prescribed by the governing body pursuant to subsection

2 of NRS 278.0265 on or before June 30, 2001. A member who fails to

complete successfully the course of training as required pursuant to this

subsection forfeits his appointment on June 30, 2001.

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