Assembly Bill No. 538–Committee on Government Affairs

(On Behalf of Commission on Workplace Safety)

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions governing master plans for land use and zoning regulations. (BDR 22-774)

FISCAL NOTE: Effect on Local Government: Yes.

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; requiring a master plan, or any portion of a master plan, adopted by a local governing body to include a safety plan; requiring zoning regulations to comply with certain federal standards governing the location of facilities where certain hazardous substances are used, manufactured, processed, transferred or stored; 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

1-5 to the planning thereof.

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

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

1-8 subsection 3, may be adopted by the governing body, as provided in NRS

1-9 278.010 to 278.630, inclusive, as a basis for the development of the city,

1-10 county or region for such a reasonable [period of] time next ensuing after

1-11 the adoption thereof as may practically be covered thereby.

1-12 3. In [counties] a county whose population [is] :

1-13 (a) Is 100,000 or more, if the governing body of the city or county

1-14 adopts only a portion of the master plan, it shall include in that portion a

2-1 conservation plan, a housing plan , [and] a population plan and a safety

2-2 plan as provided in NRS 278.160.

2-3 (b) Is less than 100,000, if the governing body of the city or county

2-4 adopts only a portion of the master plan, it shall include in that portion a

2-5 safety plan as provided in NRS 278.160.

2-6 Sec. 2. NRS 278.160 is hereby amended to read as follows:

2-7 278.160 1. The master plan, with the accompanying charts,

2-8 drawings, diagrams, schedules and reports, may include such of the

2-9 following subject matter or portions thereof as are appropriate to the city,

2-10 county or region, and as may be made the basis for the physical

2-11 development thereof:

2-12 (a) Community design. Standards and principles governing the

2-13 subdivision of land and suggestive patterns for community design and

2-14 development.

2-15 (b) Conservation plan. For the conservation, development and

2-16 utilization of natural resources, including water and its hydraulic force,

2-17 underground water, water supply, forests, soils, rivers and other waters,

2-18 harbors, fisheries, wildlife, minerals and other natural resources. The plan

2-19 must also cover the reclamation of land and waters, flood control,

2-20 prevention and control of the pollution of streams and other waters,

2-21 regulation of the use of land in stream channels and other areas required

2-22 for the accomplishment of the conservation plan, prevention, control and

2-23 correction of the erosion of soils through proper clearing, grading and

2-24 landscaping, beaches and shores, and protection of watersheds. The plan

2-25 must also indicate the maximum tolerable level of air pollution.

2-26 (c) Economic plan. Showing recommended schedules for the allocation

2-27 and expenditure of public money in order to provide for the economical

2-28 and timely execution of the various components of the plan.

2-29 (d) Historical properties preservation plan. An inventory of significant

2-30 historical, archaeological and architectural properties as defined by a city,

2-31 county or region, and a statement of methods to encourage the preservation

2-32 of those properties.

2-33 (e) Housing plan. The housing plan must include, but is not limited to:

2-34 (1) An inventory of housing conditions, needs and plans and

2-35 procedures for improving housing standards and for providing adequate

2-36 housing.

2-37 (2) An inventory of affordable housing in the community.

2-38 (3) An analysis of the demographic characteristics of the community.

2-39 (4) A determination of the present and prospective need for

2-40 affordable housing in the community.

2-41 (5) An analysis of any impediments to the development of affordable

2-42 housing and the development of policies to mitigate those impediments.

3-1 (6) An analysis of the characteristics of the land that is the most

3-2 appropriate for the construction of affordable housing.

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

3-4 construction of affordable housing or the conversion or rehabilitation of

3-5 existing housing to affordable housing.

3-6 (8) A plan for maintaining and developing affordable housing to

3-7 meet the housing needs of the community.

3-8 (f) Land use plan. An inventory and classification of types of natural

3-9 land and of existing land cover and uses, and comprehensive plans for the

3-10 most desirable utilization of land. The land use plan may include a

3-11 provision concerning the acquisition and use of land that is under federal

3-12 management within the city, county or region, including, without

3-13 limitation, a plan or statement of policy prepared pursuant to NRS

3-14 321.7355.

3-15 (g) Population plan. An estimate of the total population which the

3-16 natural resources of the city, county or region will support on a continuing

3-17 basis without unreasonable impairment.

3-18 (h) Public buildings. Showing locations and arrangement of civic

3-19 centers and all other public buildings, including the architecture thereof

3-20 and the landscape treatment of the grounds thereof.

3-21 (i) Public services and facilities. Showing general plans for sewage,

3-22 drainage and utilities, and rights of way, easements and facilities therefor,

3-23 including any utility projects required to be reported pursuant to NRS

3-24 278.145.

3-25 (j) Recreation plan. Showing a comprehensive system of recreation

3-26 areas, including natural reservations, parks, parkways, reserved riverbank

3-27 strips, beaches, playgrounds and other recreation areas, including, when

3-28 practicable, the locations and proposed development thereof.

3-29 (k) Safety plan. [In any county whose population is 400,000 or more,

3-30 identifying] Identifying potential types of natural and man-made hazards,

3-31 including hazards from floods, landslides or fires, or resulting from the

3-32 manufacture, storage, transfer or use of bulk quantities of hazardous

3-33 materials. The plan [may] must set forth policies for avoiding or

3-34 minimizing the risks from those hazards.

3-35 (l) Seismic safety plan. Consisting of an identification and appraisal of

3-36 seismic hazards such as susceptibility to surface ruptures from faulting, to

3-37 ground shaking or to ground failures.

3-38 (m) Solid waste disposal plan. Showing general plans for the disposal of

3-39 solid waste.

3-40 (n) Streets and highways plan. Showing the general locations and

3-41 widths of a comprehensive system of major traffic thoroughfares and other

3-42 traffic ways and of streets and the recommended treatment thereof,

4-1 building line setbacks, and a system of naming or numbering streets and

4-2 numbering houses, with recommendations concerning proposed changes.

4-3 (o) Transit plan. Showing a proposed system of transit lines, including

4-4 rapid transit, streetcar, motorcoach and trolley coach lines and related

4-5 facilities.

4-6 (p) Transportation plan. Showing a comprehensive transportation

4-7 system, including locations of rights of way, terminals, viaducts and grade

4-8 separations. The plan may also include port, harbor, aviation and related

4-9 facilities.

4-10 2. The commission may prepare and adopt, as part of the master plan,

4-11 other and additional plans and reports dealing with such other subjects as

4-12 may in its judgment relate to the physical development of the city, county

4-13 or region . [, and nothing contained in] The provisions of NRS 278.010 to

4-14 278.630, inclusive, [prohibits] do not prohibit the preparation and adoption

4-15 of any such subject as a part of the master plan.

4-16 Sec. 3. NRS 278.170 is hereby amended to read as follows:

4-17 278.170 1. The commission may prepare and adopt all or any part of

4-18 the master plan or any subject thereof, except as otherwise provided in

4-19 subsection 2, for all or any part of the city, county or region. Master

4-20 regional plans must be coordinated with similar plans of adjoining regions,

4-21 and master county and city plans within each region must be coordinated

4-22 so as to fit properly into the master plan for the region.

4-23 2. In [counties] a county whose population [is] :

4-24 (a) Is 100,000 or more, if the commission prepares and adopts less than

4-25 all subjects of the master plan, as outlined in NRS 278.160, it shall include,

4-26 in its preparation and adoption, the conservation, housing , [and]

4-27 population and safety plans described in that section.

4-28 (b) Is less than 100,000, if the commission prepares and adopts less

4-29 than all subjects of the master plan, as outlined in NRS 278.160, it shall

4-30 include, in its preparation and adoption, the safety plan described in that

4-31 section.

4-32 Sec. 4. NRS 278.250 is hereby amended to read as follows:

4-33 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,

4-34 the governing body may divide the city, county or region into zoning

4-35 districts of such number, shape and area as are best suited to carry out the

4-36 purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district

4-37 it may regulate and restrict the erection, construction, reconstruction,

4-38 alteration, repair or use of buildings, structures or land.

4-39 2. The zoning regulations must be adopted in accordance with the

4-40 master plan for land use and be designed:

4-41 (a) To preserve the quality of air and water resources.

4-42 (b) To promote the conservation of open space and the protection of

4-43 other natural and scenic resources from unreasonable impairment.

5-1 (c) To provide for recreational needs.

5-2 (d) To protect life and property in areas subject to floods, landslides and

5-3 other natural disasters.

5-4 (e) To conform to the adopted population plan, if required by NRS

5-5 278.170.

5-6 (f) To develop a timely, orderly and efficient arrangement of

5-7 transportation and public facilities and services, including facilities and

5-8 services for bicycles.

5-9 (g) To ensure that the development on land is commensurate with the

5-10 character and the physical limitations of the land.

5-11 (h) To take into account the immediate and long-range financial impact

5-12 of the application of particular land to particular kinds of development, and

5-13 the relative suitability of the land for development.

5-14 (i) To promote health and the general welfare.

5-15 (j) To ensure the development of an adequate supply of housing for the

5-16 community, including the development of affordable housing.

5-17 (k) To promote public safety and protect against any risks associated

5-18 with the use, manufacture, processing, handling, transfer or storage of

5-19 hazardous materials, explosives, chemicals or toxins.

5-20 (l) To ensure that facilities where hazardous materials, explosives,

5-21 chemicals or toxins are used, manufactured, processed, transferred or

5-22 stored are located within zoning districts in compliance with

5-23 requirements that are at least as stringent as the requirements set forth in

5-24 chapter 9 of the Department of Defense Ammunition and Explosive

5-25 Safety Standards, DOD 6055.9-STD, as they existed on January 1, 1999.

5-26 3. The zoning regulations must be adopted with reasonable

5-27 consideration, among other things, to the character of the area and its

5-28 peculiar suitability for particular uses, and with a view to conserving the

5-29 value of buildings and encouraging the most appropriate use of land

5-30 throughout the city, county or region.

5-31 Sec. 5. NRS 244.2961 is hereby amended to read as follows:

5-32 244.2961 1. The board of county commissioners may by ordinance

5-33 create a district for a fire department. The board of county commissioners

5-34 is ex officio the governing body of any district created pursuant to this

5-35 section and may:

5-36 (a) Organize, regulate and maintain the fire department.

5-37 (b) Appoint and prescribe the duties of the fire chief.

5-38 (c) Designate arson investigators as peace officers.

5-39 (d) Regulate or prohibit the storage of any explosive, combustible or

5-40 inflammable material in or transported through the county, and prescribe

5-41 the distance from any residential or commercial area where it may be kept

5-42 [.] in accordance with any zoning regulations adopted pursuant to

5-43 paragraph (l) of subsection 2 of NRS 278.250.

6-1 (e) Establish, by ordinance, a fire code and other regulations necessary

6-2 to carry out the purposes of this section.

6-3 (f) Include the budget of the district in the budget of the county.

6-4 (g) Hold meetings of the governing body of the district in conjunction

6-5 with the meetings of the board of county commissioners without posting

6-6 additional notices of the meetings within the district.

6-7 2. The other officers and employees of the county shall perform duties

6-8 for the district that correspond to the duties they perform for the county.

6-9 3. All persons employed to perform the functions of the fire

6-10 department are employees of the county for all purposes.

6-11 Sec. 6. NRS 266.310 is hereby amended to read as follows:

6-12 266.310 The city council may:

6-13 1. Organize, regulate and maintain a fire department.

6-14 2. Prescribe the duties of the fire chief.

6-15 3. Designate arson investigators as peace officers.

6-16 4. Regulate or prohibit the storage of any explosive, combustible or

6-17 inflammable material in or transported through the city, and prescribe the

6-18 distance from any residential or commercial area where it may be kept [.]

6-19 in accordance with any zoning regulations adopted pursuant to

6-20 paragraph (l) of subsection 2 of NRS 278.250.

6-21 5. Establish, by ordinance, a fire code and other regulations necessary

6-22 to carry out the purposes of this section.

6-23 Sec. 7. NRS 269.220 is hereby amended to read as follows:

6-24 269.220 In addition to the powers and jurisdiction conferred by other

6-25 laws, the town board or board of county commissioners [shall have the

6-26 power and duty to] may regulate the storage of gunpowder and other

6-27 explosive or combustible materials [.] in accordance with any zoning

6-28 regulations adopted pursuant to paragraph (l) of subsection 2 of NRS

6-29 278.250.

6-30 Sec. 8. Section 2.160 of the charter of the City of Caliente, being

6-31 chapter 31, Statutes of Nevada 1971, at page 60, is hereby amended to read

6-32 as follows:

6-33 Sec. 2.160 Powers of city council: Fire protection; regulation

6-34 of explosives, inflammable materials; fire codes and regulations.

6-35 The city council may:

6-36 1. Organize, regulate and maintain a fire department.

6-37 2. Provide for the appointment of a fire chief and prescribe his

6-38 duties.

6-39 3. Regulate or prohibit the storage of any explosive,

6-40 combustible or inflammable material in or transported through the

6-41 city, and prescribe the distance from any residential or commercial

6-42 area where it may be kept [.] in accordance with any zoning

7-1 regulations adopted pursuant to paragraph (l) of subsection 2 of

7-2 NRS 278.250.

7-3 4. Establish, by ordinance, a fire code and other regulations

7-4 necessary to carry out the purposes of this section.

7-5 Sec. 9. Section 2.170 of the charter of the City of Carlin, being

7-6 chapter 344, Statutes of Nevada 1971, at page 608, is hereby amended to

7-7 read as follows:

7-8 Sec. 2.170 Powers of board of councilmen: Fire protection;

7-9 regulation of explosives, inflammable materials; fire codes and

7-10 regulations. The board of councilmen may:

7-11 1. Organize, regulate and maintain a fire department.

7-12 2. Provide for the appointment of a fire chief and prescribe his

7-13 duties.

7-14 3. Regulate or prohibit the storage of any explosive,

7-15 combustible or inflammable material in or transported through the

7-16 city, and prescribe the distance from any residential or commercial

7-17 area where it may be kept [.] in accordance with any zoning

7-18 regulations adopted pursuant to paragraph (l) of subsection 2 of

7-19 NRS 278.250.

7-20 4. Establish, by ordinance, a fire code and other regulations

7-21 necessary to carry out the purposes of this section.

7-22 Sec. 10. Section 2.165 of the charter of Carson City, being chapter

7-23 118, Statutes of Nevada 1985, at page 474, is hereby amend to read as

7-24 follows:

7-25 Sec. 2.165 Power of board: Regulation of hazardous material.

7-26 The board may regulate or prohibit the storage within or

7-27 transportation through Carson City of any explosive, combustible,

7-28 toxic or other hazardous material [.] in accordance with any

7-29 zoning regulations adopted pursuant to paragraph (l) of

7-30 subsection 2 of NRS 278.250.

7-31 Sec. 11. Section 2.200 of the charter of the City of Elko, being

7-32 chapter 276, Statutes of Nevada 1971, at page 481, is hereby amended to

7-33 read as follows:

7-34 Sec. 2.200 Powers of board of supervisors: Fire protection;

7-35 regulation of explosives, inflammable materials; fire codes and

7-36 regulations. The board of supervisors may:

7-37 1. Organize, regulate and maintain a fire department.

7-38 2. Provide for the appointment of a fire chief and prescribe his

7-39 duties.

7-40 3. Regulate or prohibit the storage of any explosive,

7-41 combustible or inflammable material in or transported through the

7-42 city, and prescribe the distance from any residential or commercial

7-43 area where it may be kept [.] in accordance with any zoning

8-1 regulations adopted pursuant to paragraph (l) of subsection 2 of

8-2 NRS 278.250.

8-3 4. Establish, by ordinance, a fire code and other regulations

8-4 necessary to carry out the purposes of this section, and to provide

8-5 for the prevention, suppression and extinguishment of fires and

8-6 conditions hazardous to life and property from fire, explosion or

8-7 combustion, and to provide for the enforcement of all such codes

8-8 and regulations by imposing adequate penalties for violations

8-9 thereof.

8-10 Sec. 12. Section 2.170 of the charter of the City of Gabbs, being

8-11 chapter 265, Statutes of Nevada 1971, at page 391, is hereby amended to

8-12 read as follows:

8-13 Sec. 2.170 Powers of board of councilmen: Fire protection;

8-14 regulation of explosives, inflammable materials; fire codes and

8-15 regulations. The board of councilmen may:

8-16 1. Organize, regulate and maintain a fire department.

8-17 2. Provide for the appointment of a fire chief and prescribe his

8-18 duties.

8-19 3. Regulate or prohibit the storage of any explosive,

8-20 combustible or inflammable material in or transported through the

8-21 city, and prescribe the distance from any residential or commercial

8-22 area where it may be kept [.] in accordance with any zoning

8-23 regulations adopted pursuant to paragraph (l) of subsection 2 of

8-24 NRS 278.250.

8-25 4. Establish, by ordinance, a fire code and other regulations

8-26 necessary to carry out the purposes of this section.

8-27 Sec. 13. Section 2.160 of the charter of the City of Henderson, being

8-28 chapter 266, Statutes of Nevada 1971, at page 407, is hereby amended to

8-29 read as follows:

8-30 Sec. 2.160 Powers of city council: Fire protection; regulation

8-31 of explosives, inflammable materials; fire codes and regulations.

8-32 The city council may:

8-33 1. Organize, regulate and maintain a fire department.

8-34 2. Regulate or prohibit the storage of any explosive,

8-35 combustible or inflammable material in or transported through the

8-36 city, and prescribe the distance from any residential or commercial

8-37 area where it may be kept [.] in accordance with any zoning

8-38 regulations adopted pursuant to paragraph (l) of subsection 2 of

8-39 NRS 278.250.

8-40 3. Establish, by ordinance, a fire code and other regulations

8-41 necessary to carry out the purposes of this section.

9-1 Sec. 14. Section 2.170 of the charter of the City of Las Vegas,

9-2 being chapter 517, Statutes of Nevada 1983, at page 1399, is

9-3 hereby amended to read as follows:

9-4 Sec. 2.170 Powers of city council: Fire protection; regulation

9-5 of explosives, inflammable materials; fire codes and regulations.

9-6 The city council may:

9-7 1. Organize, regulate and maintain a fire department.

9-8 2. Regulate or prohibit the storage in or the transportation

9-9 through the city of any explosive, combustible or inflammable

9-10 material and prescribe the location within the city where those

9-11 materials may be kept [.] in accordance with any zoning

9-12 regulations adopted pursuant to paragraph (l) of subsection 2 of

9-13 NRS 278.250.

9-14 3. Establish by ordinance a fire code and other regulations

9-15 which are necessary to provide for the prevention of and protection

9-16 against fires and to carry out the purposes of this section.

9-17 4. Suspend or revoke the license of any business for its failure

9-18 to comply with any regulation which is adopted pursuant to this

9-19 section.

9-20 Sec. 15. Section 2.160 of the charter of the City of North Las Vegas,

9-21 being chapter 573, Statutes of Nevada 1971, at page 1216, is hereby

9-22 amended to read as follows:

9-23 Sec. 2.160 Powers of city council: Fire protection; regulation

9-24 of explosives, flammable materials; fire codes and regulations. The

9-25 city council may:

9-26 1. Organize, regulate and maintain a fire department.

9-27 2. Regulate or prohibit the storage of any explosive,

9-28 combustible or flammable material in or transported through the

9-29 city, and prescribe the distance from any residential or commercial

9-30 area where it may be kept [.] in accordance with any zoning

9-31 regulations adopted pursuant to paragraph (l) of subsection 2 of

9-32 NRS 278.250.

9-33 3. Establish, by ordinance, a fire code and other regulations

9-34 necessary to carry out the purposes of this section.

9-35 Sec. 16. Section 2.170 of the charter of the City of Wells, being

9-36 chapter 275, Statutes of Nevada 1971, at page 463, is hereby amended to

9-37 read as follows:

9-38 Sec. 2.170 Powers of board of councilmen: Fire protection;

9-39 regulation of explosives, inflammable materials; fire codes and

9-40 regulations. The board of councilmen may:

9-41 1. Organize, regulate and maintain a fire department.

9-42 2. Provide for the appointment of a fire chief and prescribe his

9-43 duties.

10-1 3. Regulate or prohibit the storage of any explosive,

10-2 combustible or inflammable material in or transported through the

10-3 city, and prescribe the distance from any residential or commercial

10-4 area where it may be kept [.] in accordance with any zoning

10-5 regulations adopted pursuant to paragraph (l) of subsection 2 of

10-6 NRS 278.250.

10-7 4. Establish, by ordinance, a fire code and other regulations

10-8 necessary to carry out the purposes of this section.

10-9 Sec. 17. Section 2.160 of the charter of the City of Yerington, being

10-10 chapter 465, Statutes of Nevada 1971, at page 906, is hereby amended to

10-11 read as follows:

10-12 Sec. 2.160 Powers of city council: Fire protection; regulation

10-13 of explosives, inflammable materials; fire codes and regulations.

10-14 The city council may:

10-15 1. Organize, regulate and maintain a fire department.

10-16 2. Provide for the appointment of a fire chief and prescribe his

10-17 duties.

10-18 3. Regulate or prohibit the storage of any explosive,

10-19 combustible or inflammable material in or transported through the

10-20 city, and prescribe the distance from any residential or commercial

10-21 area where it may be kept [.] in accordance with any zoning

10-22 regulations adopted pursuant to paragraph (l) of subsection 2 of

10-23 NRS 278.250.

10-24 4. Establish, by ordinance, a fire code and other regulations

10-25 necessary to carry out the purposes of this section.

10-26 Sec. 18. This act becomes effective upon passage and approval.

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