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 [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; providing in skeleton form for the establishment of provisions to promote the interspersion of new residential and commercial development in certain established neighborhoods; 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. Chapter 278 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. The regional planning commission shall identify and

1-4 designate each established neighborhood within the county and within

1-5 each city in the county whose population is 25,000 or more that the

1-6 commission determines is likely to benefit from the interspersion of new

1-7 residential and commercial development.

1-8 2. Before designating an established neighborhood as likely to

1-9 benefit from the interspersion of new residential and commercial

1-10 development pursuant to subsection 1, the regional planning commission

1-11 shall hold at least one hearing to solicit public comment regarding

1-12 whether the neighborhood should be so designated and, if so, the specific

1-13 boundaries of the neighborhood. Notice of the time and place of the

1-14 hearing must be published at least once in a newspaper of general

2-1 circulation in the city or county at least 10 days before the day of

2-2 hearing.

2-3 Sec. 3. 1. In a county whose population is less than 100,000 or

2-4 400,000 or more, each local planning commission created pursuant to

2-5 subsection 1 of NRS 278.030 shall identify and designate each

2-6 established neighborhood within the city or county, as appropriate, that

2-7 the commission determines is likely to benefit from the interspersion of

2-8 new residential and commercial development.

2-9 2. Before designating an established neighborhood as likely to

2-10 benefit from the interspersion of new residential and commercial

2-11 development pursuant to subsection 1, the local planning commission

2-12 shall hold at least one hearing to solicit public comment regarding

2-13 whether the neighborhood should be so designated and, if so, the specific

2-14 boundaries of the neighborhood. Notice of the time and place of the

2-15 hearing must be published at least once in a newspaper of general

2-16 circulation in the city or county at least 10 days before the day of

2-17 hearing.

2-18 Sec. 4. NRS 278.029 is hereby amended to read as follows:

2-19 278.029 Nothing contained in the provisions of NRS 278.026 to

2-20 278.029, inclusive, and section 2 of this act requires any entity that has not

2-21 already adopted a facilities plan to do so.

2-22 Sec. 5. NRS 278.150 is hereby amended to read as follows:

2-23 278.150 1. The planning commission shall prepare and adopt a

2-24 comprehensive, long-term general plan for the physical development of the

2-25 city, county or region which in the commission’s judgment bears relation

2-26 to the planning thereof.

2-27 2. The plan must be known as the master plan, and must be so

2-28 prepared that all or portions thereof, except as otherwise provided in

2-29 subsection 3, may be adopted by the governing body, as provided in NRS

2-30 278.010 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 the

2-32 adoption thereof as may practically be covered thereby.

2-33 3. In counties whose population is 100,000 or more, if the governing

2-34 body of the city or county adopts only a portion of the master plan, it shall

2-35 include in that portion a conservation plan, a housing plan , a land use

2-36 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:

2-38 278.160 1. The master plan, with the accompanying charts,

2-39 drawings, diagrams, schedules and reports, may include such of the

2-40 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 physical

2-42 development thereof:

3-1 (a) Community design. Standards and principles governing the

3-2 subdivision of land and suggestive patterns for community design and

3-3 development.

3-4 (b) Conservation plan. For the conservation, development and

3-5 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 plan

3-8 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 required

3-11 for the accomplishment of the conservation plan, prevention, control and

3-12 correction of the erosion of soils through proper clearing, grading and

3-13 landscaping, beaches and shores, and protection of watersheds. The plan

3-14 must also indicate the maximum tolerable level of air pollution.

3-15 (c) Economic plan. Showing recommended schedules for the allocation

3-16 and expenditure of public money in order to provide for the economical

3-17 and timely execution of the various components of the plan.

3-18 (d) Historical properties preservation plan. An inventory of significant

3-19 historical, archaeological and architectural properties as defined by a city,

3-20 county or region, and a statement of methods to encourage the preservation

3-21 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 and

3-24 procedures for improving housing standards and for providing adequate

3-25 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 for

3-29 affordable housing in the community.

3-30 (5) An analysis of any impediments to the development of affordable

3-31 housing and the development of policies to mitigate those impediments.

3-32 (6) An analysis of the characteristics of the land that is the most

3-33 appropriate for the construction of affordable housing.

3-34 (7) An analysis of the needs and appropriate methods for the

3-35 construction of affordable housing or the conversion or rehabilitation of

3-36 existing housing to affordable housing.

3-37 (8) A plan for maintaining and developing affordable housing to

3-38 meet the housing needs of the community.

3-39 (f) Land use plan. An inventory and classification of types of natural

3-40 land and of existing land cover and uses, and comprehensive plans for the

3-41 most desirable utilization of land. The land use plan [may] :

4-1 (1) Must show each established neighborhood that has been

4-2 designated as likely to benefit from the interspersion of new residential

4-3 and commercial development pursuant to section 2 or 3 of this act; and

4-4 (2) May include a provision concerning the acquisition and use of

4-5 land that is under federal management within the city, county or region,

4-6 including, without limitation, a plan or statement of policy prepared

4-7 pursuant to NRS 321.7355.

4-8 (g) Population plan. An estimate of the total population which the

4-9 natural resources of the city, county or region will support on a continuing

4-10 basis without unreasonable impairment.

4-11 (h) Public buildings. Showing locations and arrangement of civic

4-12 centers and all other public buildings, including the architecture thereof

4-13 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 NRS

4-17 278.145.

4-18 (j) Recreation plan. Showing a comprehensive system of recreation

4-19 areas, including natural reservations, parks, parkways, reserved riverbank

4-20 strips, beaches, playgrounds and other recreation areas, including, when

4-21 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, including

4-24 hazards from floods, landslides or fires, or resulting from the manufacture,

4-25 storage, transfer or use of bulk quantities of hazardous materials. The plan

4-26 may set forth policies for avoiding or minimizing the risks from those

4-27 hazards.

4-28 (l) Seismic safety plan. Consisting of an identification and appraisal of

4-29 seismic hazards such as susceptibility to surface ruptures from faulting, to

4-30 ground shaking or to ground failures.

4-31 (m) Solid waste disposal plan. Showing general plans for the disposal of

4-32 solid waste.

4-33 (n) Streets and highways plan. Showing the general locations and

4-34 widths of a comprehensive system of major traffic thoroughfares and other

4-35 traffic ways and of streets and the recommended treatment thereof,

4-36 building line setbacks, and a system of naming or numbering streets and

4-37 numbering houses, with recommendations concerning proposed changes.

4-38 (o) Transit plan. Showing a proposed system of transit lines, including

4-39 rapid transit, streetcar, motorcoach and trolley coach lines and related

4-40 facilities.

4-41 (p) Transportation plan. Showing a comprehensive transportation

4-42 system, including locations of rights of way, terminals, viaducts and grade

5-1 separations. The plan may also include port, harbor, aviation and related

5-2 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 as

5-5 may in its judgment relate to the physical development of the city, county

5-6 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 the

5-8 master plan.

5-9 Sec. 7. NRS 278.170 is hereby amended to read as follows:

5-10 278.170 1. The commission may prepare and adopt all or any part of

5-11 the master plan or any subject thereof, except as otherwise provided in

5-12 subsection 2, for all or any part of the city, county or region. Master

5-13 regional plans must be coordinated with similar plans of adjoining regions,

5-14 and master county and city plans within each region must be coordinated

5-15 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 commission

5-17 prepares and adopts less than all subjects of the master plan, as outlined in

5-18 NRS 278.160, it shall include, in its preparation and adoption, the

5-19 conservation, housing , land use and population plans described in that

5-20 section.

5-21 Sec. 8. NRS 278.250 is hereby amended to read as follows:

5-22 278.250 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 zoning

5-24 districts of such number, shape and area as are best suited to carry out the

5-25 purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district

5-26 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 the

5-29 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 of

5-32 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 and

5-35 other natural disasters.

5-36 (e) To conform to the adopted population plan, if required by NRS

5-37 278.170.

5-38 (f) To develop a timely, orderly and efficient arrangement of

5-39 transportation and public facilities and services, including facilities and

5-40 services for bicycles.

5-41 (g) To ensure that the development on land is commensurate with the

5-42 character and the physical limitations of the land.

6-1 (h) To take into account the immediate and long-range financial impact

6-2 of the application of particular land to particular kinds of development, and

6-3 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 the

6-6 community, including the development of affordable housing.

6-7 (k) To promote the interspersion of new residential and commercial

6-8 development in established neighborhoods that have been designated as

6-9 likely to benefit from such interspersion pursuant to section 2 or 3 of this

6-10 act.

6-11 3. The zoning regulations must be adopted with reasonable

6-12 consideration, among other things, to the character of the area and its

6-13 peculiar suitability for particular uses, and with a view to conserving the

6-14 value of buildings and encouraging the most appropriate use of land

6-15 throughout the city, county or region.

6-16 Sec. 9. NRS 231.067 is hereby amended to read as follows:

6-17 231.067 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 in

6-20 doing so shall ensure that the state plan promotes the interspersion of

6-21 new residential and commercial development in established

6-22 neighborhoods that have been designated as being likely to benefit from

6-23 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 this

6-26 state, except for travel and tourism, except that in a county whose

6-27 population is less than 35,000, the county may include community

6-28 development and the development of the nongaming recreation and

6-29 tourism industry in its economic development efforts.

6-30 3. Identify sources of financing and assist businesses and industries

6-31 which wish to locate in Nevada in obtaining financing.

6-32 4. Provide and administer grants of money to political subdivisions of

6-33 the state and to local or regional organizations for economic development

6-34 to assist them in promoting the advantages of their communities and in

6-35 recruiting businesses to relocate in those communities. Each recipient must

6-36 provide an amount of money, at least equal to the grant, for the same

6-37 purpose, except, in a county whose population is less than 35,000, the

6-38 commission may, if convinced that the recipient is financially unable to do

6-39 so, provide such a grant with less than equal matching money provided by

6-40 the recipient.

6-41 5. Encourage and assist state, county and city agencies in planning and

6-42 preparing projects for economic or industrial development and financing

6-43 those projects with revenue bonds.

7-1 6. Coordinate and assist the activities of counties, cities, local and

7-2 regional organizations for economic development and fair and recreation

7-3 boards in the state which affect industrial development, except for travel

7-4 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 of

7-6 the nongaming recreation and tourism industry in its economic

7-7 development efforts.

7-8 7. Arrange by cooperative agreements with local governments to serve

7-9 as the single agency in the state where relocating or expanding businesses

7-10 may obtain all required permits.

7-11 8. Promote close cooperation between public agencies and private

7-12 persons who have an interest in industrial development and diversification

7-13 in Nevada.

7-14 9. Organize and coordinate the activities of a group of volunteers

7-15 which will aggressively select and recruit businesses and industries,

7-16 especially small industries, to locate their offices and facilities in Nevada.

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