Assembly Bill No. 563–Assemblymen Thomas, Giunchigliani, Evans, Goldwater, Buckley, Chowning, Mortenson, Koivisto, Claborn, Bache, Anderson, Manendo, Ohrenschall, Leslie, Parnell and Perkins
March 15, 1999
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Referred to Committee on Government Affairs
SUMMARY—Establishes provisions to promote interspersion of new residential and commercial development in certain established neighborhoods. (BDR 22-1337)
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. Chapter 278 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 1. The regional planning commission shall identify and1-4
designate each established neighborhood within the county and within1-5
each city in the county whose population is 25,000 or more that the1-6
commission determines is likely to benefit from the interspersion of new1-7
residential and commercial development.1-8
2. Before designating an established neighborhood as likely to1-9
benefit from the interspersion of new residential and commercial1-10
development pursuant to subsection 1, the regional planning commission1-11
shall hold at least one hearing to solicit public comment regarding1-12
whether the neighborhood should be so designated and, if so, the specific1-13
boundaries of the neighborhood. Notice of the time and place of the1-14
hearing must be published at least once in a newspaper of general2-1
circulation in the city or county at least 10 days before the day of2-2
hearing.2-3
Sec. 3. 1. In a county whose population is less than 100,000 or2-4
400,000 or more, each local planning commission created pursuant to2-5
subsection 1 of NRS 278.030 shall identify and designate each2-6
established neighborhood within the city or county, as appropriate, that2-7
the commission determines is likely to benefit from the interspersion of2-8
new residential and commercial development.2-9
2. Before designating an established neighborhood as likely to2-10
benefit from the interspersion of new residential and commercial2-11
development pursuant to subsection 1, the local planning commission2-12
shall hold at least one hearing to solicit public comment regarding2-13
whether the neighborhood should be so designated and, if so, the specific2-14
boundaries of the neighborhood. Notice of the time and place of the2-15
hearing must be published at least once in a newspaper of general2-16
circulation in the city or county at least 10 days before the day of2-17
hearing.2-18
Sec. 4. NRS 278.029 is hereby amended to read as follows: 278.029 Nothing contained in the provisions of NRS 278.026 to2-20
278.029, inclusive, and section 2 of this act requires any entity that has not2-21
already adopted a facilities plan to do so.2-22
Sec. 5. NRS 278.150 is hereby amended to read as follows: 278.150 1. The planning commission shall prepare and adopt a2-24
comprehensive, long-term general plan for the physical development of the2-25
city, county or region which in the commission’s judgment bears relation2-26
to the planning thereof.2-27
2. The plan must be known as the master plan, and must be so2-28
prepared that all or portions thereof, except as otherwise provided in2-29
subsection 3, may be adopted by the governing body, as provided in NRS2-30
278.010 to 278.630, inclusive, as a basis for the development of the city,2-31
county or region for such reasonable period of time next ensuing after the2-32
adoption thereof as may practically be covered thereby.2-33
3. In counties whose population is 100,000 or more, if the governing2-34
body of the city or county adopts only a portion of the master plan, it shall2-35
include in that portion a conservation plan, a housing plan , a land use2-36
plan and a population plan as provided in NRS 278.160.2-37
Sec. 6. NRS 278.160 is hereby amended to read as follows: 278.160 1. The master plan, with the accompanying charts,2-39
drawings, diagrams, schedules and reports, may include such of the2-40
following subject matter or portions thereof as are appropriate to the city,2-41
county or region, and as may be made the basis for the physical2-42
development thereof:3-1
(a) Community design. Standards and principles governing the3-2
subdivision of land and suggestive patterns for community design and3-3
development.3-4
(b) Conservation plan. For the conservation, development and3-5
utilization of natural resources, including water and its hydraulic force,3-6
underground water, water supply, forests, soils, rivers and other waters,3-7
harbors, fisheries, wildlife, minerals and other natural resources. The plan3-8
must also cover the reclamation of land and waters, flood control,3-9
prevention and control of the pollution of streams and other waters,3-10
regulation of the use of land in stream channels and other areas required3-11
for the accomplishment of the conservation plan, prevention, control and3-12
correction of the erosion of soils through proper clearing, grading and3-13
landscaping, beaches and shores, and protection of watersheds. The plan3-14
must also indicate the maximum tolerable level of air pollution.3-15
(c) Economic plan. Showing recommended schedules for the allocation3-16
and expenditure of public money in order to provide for the economical3-17
and timely execution of the various components of the plan.3-18
(d) Historical properties preservation plan. An inventory of significant3-19
historical, archaeological and architectural properties as defined by a city,3-20
county or region, and a statement of methods to encourage the preservation3-21
of those properties.3-22
(e) Housing plan. The housing plan must include, but is not limited to:3-23
(1) An inventory of housing conditions, needs and plans and3-24
procedures for improving housing standards and for providing adequate3-25
housing.3-26
(2) An inventory of affordable housing in the community.3-27
(3) An analysis of the demographic characteristics of the community.3-28
(4) A determination of the present and prospective need for3-29
affordable housing in the community.3-30
(5) An analysis of any impediments to the development of affordable3-31
housing and the development of policies to mitigate those impediments.3-32
(6) An analysis of the characteristics of the land that is the most3-33
appropriate for the construction of affordable housing.3-34
(7) An analysis of the needs and appropriate methods for the3-35
construction of affordable housing or the conversion or rehabilitation of3-36
existing housing to affordable housing.3-37
(8) A plan for maintaining and developing affordable housing to3-38
meet the housing needs of the community.3-39
(f) Land use plan. An inventory and classification of types of natural3-40
land and of existing land cover and uses, and comprehensive plans for the3-41
most desirable utilization of land. The land use plan4-1
(1) Must show each established neighborhood that has been4-2
designated as likely to benefit from the interspersion of new residential4-3
and commercial development pursuant to section 2 or 3 of this act; and4-4
(2) May include a provision concerning the acquisition and use of4-5
land that is under federal management within the city, county or region,4-6
including, without limitation, a plan or statement of policy prepared4-7
pursuant to NRS 321.7355.4-8
(g) Population plan. An estimate of the total population which the4-9
natural resources of the city, county or region will support on a continuing4-10
basis without unreasonable impairment.4-11
(h) Public buildings. Showing locations and arrangement of civic4-12
centers and all other public buildings, including the architecture thereof4-13
and the landscape treatment of the grounds thereof.4-14
(i) Public services and facilities. Showing general plans for sewage,4-15
drainage and utilities, and rights of way, easements and facilities therefor,4-16
including any utility projects required to be reported pursuant to NRS4-17
278.145.4-18
(j) Recreation plan. Showing a comprehensive system of recreation4-19
areas, including natural reservations, parks, parkways, reserved riverbank4-20
strips, beaches, playgrounds and other recreation areas, including, when4-21
practicable, the locations and proposed development thereof.4-22
(k) Safety plan. In any county whose population is 400,000 or more,4-23
identifying potential types of natural and man-made hazards, including4-24
hazards from floods, landslides or fires, or resulting from the manufacture,4-25
storage, transfer or use of bulk quantities of hazardous materials. The plan4-26
may set forth policies for avoiding or minimizing the risks from those4-27
hazards.4-28
(l) Seismic safety plan. Consisting of an identification and appraisal of4-29
seismic hazards such as susceptibility to surface ruptures from faulting, to4-30
ground shaking or to ground failures.4-31
(m) Solid waste disposal plan. Showing general plans for the disposal of4-32
solid waste.4-33
(n) Streets and highways plan. Showing the general locations and4-34
widths of a comprehensive system of major traffic thoroughfares and other4-35
traffic ways and of streets and the recommended treatment thereof,4-36
building line setbacks, and a system of naming or numbering streets and4-37
numbering houses, with recommendations concerning proposed changes.4-38
(o) Transit plan. Showing a proposed system of transit lines, including4-39
rapid transit, streetcar, motorcoach and trolley coach lines and related4-40
facilities.4-41
(p) Transportation plan. Showing a comprehensive transportation4-42
system, including locations of rights of way, terminals, viaducts and grade5-1
separations. The plan may also include port, harbor, aviation and related5-2
facilities.5-3
2. The commission may prepare and adopt, as part of the master plan,5-4
other and additional plans and reports dealing with such other subjects as5-5
may in its judgment relate to the physical development of the city, county5-6
or region, and nothing contained in NRS 278.010 to 278.630, inclusive,5-7
prohibits the preparation and adoption of any such subject as a part of the5-8
master plan.5-9
Sec. 7. NRS 278.170 is hereby amended to read as follows: 278.170 1. The commission may prepare and adopt all or any part of5-11
the master plan or any subject thereof, except as otherwise provided in5-12
subsection 2, for all or any part of the city, county or region. Master5-13
regional plans must be coordinated with similar plans of adjoining regions,5-14
and master county and city plans within each region must be coordinated5-15
so as to fit properly into the master plan for the region.5-16
2. In counties whose population is 100,000 or more, if the commission5-17
prepares and adopts less than all subjects of the master plan, as outlined in5-18
NRS 278.160, it shall include, in its preparation and adoption, the5-19
conservation, housing , land use and population plans described in that5-20
section.5-21
Sec. 8. NRS 278.250 is hereby amended to read as follows: 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,5-23
the governing body may divide the city, county or region into zoning5-24
districts of such number, shape and area as are best suited to carry out the5-25
purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district5-26
it may regulate and restrict the erection, construction, reconstruction,5-27
alteration, repair or use of buildings, structures or land.5-28
2. The zoning regulations must be adopted in accordance with the5-29
master plan for land use and be designed:5-30
(a) To preserve the quality of air and water resources.5-31
(b) To promote the conservation of open space and the protection of5-32
other natural and scenic resources from unreasonable impairment.5-33
(c) To provide for recreational needs.5-34
(d) To protect life and property in areas subject to floods, landslides and5-35
other natural disasters.5-36
(e) To conform to the adopted population plan, if required by NRS5-37
278.170.5-38
(f) To develop a timely, orderly and efficient arrangement of5-39
transportation and public facilities and services, including facilities and5-40
services for bicycles.5-41
(g) To ensure that the development on land is commensurate with the5-42
character and the physical limitations of the land.6-1
(h) To take into account the immediate and long-range financial impact6-2
of the application of particular land to particular kinds of development, and6-3
the relative suitability of the land for development.6-4
(i) To promote health and the general welfare.6-5
(j) To ensure the development of an adequate supply of housing for the6-6
community, including the development of affordable housing.6-7
(k) To promote the interspersion of new residential and commercial6-8
development in established neighborhoods that have been designated as6-9
likely to benefit from such interspersion pursuant to section 2 or 3 of this6-10
act.6-11
3. The zoning regulations must be adopted with reasonable6-12
consideration, among other things, to the character of the area and its6-13
peculiar suitability for particular uses, and with a view to conserving the6-14
value of buildings and encouraging the most appropriate use of land6-15
throughout the city, county or region.6-16
Sec. 9. NRS 231.067 is hereby amended to read as follows: 231.067 The commission on economic development shall:6-18
1. Develop a state plan for industrial development and diversification.6-19
The commission may from time to time amend the state plan and in6-20
doing so shall ensure that the state plan promotes the interspersion of6-21
new residential and commercial development in established6-22
neighborhoods that have been designated as being likely to benefit from6-23
such interspersion pursuant to section 2 or 3 of this act.6-24
2. Promote, encourage and aid the development of commercial,6-25
industrial, agricultural, mining and other vital economic interests of this6-26
state, except for travel and tourism, except that in a county whose6-27
population is less than 35,000, the county may include community6-28
development and the development of the nongaming recreation and6-29
tourism industry in its economic development efforts.6-30
3. Identify sources of financing and assist businesses and industries6-31
which wish to locate in Nevada in obtaining financing.6-32
4. Provide and administer grants of money to political subdivisions of6-33
the state and to local or regional organizations for economic development6-34
to assist them in promoting the advantages of their communities and in6-35
recruiting businesses to relocate in those communities. Each recipient must6-36
provide an amount of money, at least equal to the grant, for the same6-37
purpose, except, in a county whose population is less than 35,000, the6-38
commission may, if convinced that the recipient is financially unable to do6-39
so, provide such a grant with less than equal matching money provided by6-40
the recipient.6-41
5. Encourage and assist state, county and city agencies in planning and6-42
preparing projects for economic or industrial development and financing6-43
those projects with revenue bonds.7-1
6. Coordinate and assist the activities of counties, cities, local and7-2
regional organizations for economic development and fair and recreation7-3
boards in the state which affect industrial development, except for travel7-4
and tourism, except that in a county whose population is less than 35,000,7-5
the county may include community development and the development of7-6
the nongaming recreation and tourism industry in its economic7-7
development efforts.7-8
7. Arrange by cooperative agreements with local governments to serve7-9
as the single agency in the state where relocating or expanding businesses7-10
may obtain all required permits.7-11
8. Promote close cooperation between public agencies and private7-12
persons who have an interest in industrial development and diversification7-13
in Nevada.7-14
9. Organize and coordinate the activities of a group of volunteers7-15
which will aggressively select and recruit businesses and industries,7-16
especially small industries, to locate their offices and facilities in Nevada.~