Assembly Bill No. 566–Assemblymen Thomas, Giunchigliani, Evans, de Braga, Buckley, Chowning, Mortenson, Goldwater, Claborn, Anderson, Collins, Manendo, Ohrenschall, Price, Leslie, Carpenter and Parnell

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning land use planning. (BDR 22-1336)

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 planning; requiring certain governing bodies adopting any part of the master plan to adopt a land use plan; requiring the inclusion of a provision in the master plan and zoning regulations that allows the mixture of certain land uses; 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 a

1-2 new section to read as follows:

1-3 "Traditional neighborhood development" means a type of

1-4 development that is designed to include a variety of types and values of

1-5 housing, commercial uses, services, schools, public facilities, open space,

1-6 places for the public to gather and places that provide occupational

1-7 opportunities, and to encourage pedestrian traffic, reduce vehicular

1-8 traffic and provide access to public transit. The development must

1-9 include, without limitation:

1-10 1. Areas that contain single-family residences that have reduced

1-11 setbacks and a garage or carport which is located at the rear of the

1-12 residence;

1-13 2. Areas that integrate residential, commercial and service uses

1-14 within one or a series of structures and which have reduced setbacks;

1-15 3. A transportation system that integrates pedestrians, bicycles,

1-16 motor vehicles and public transit; and

2-1 4. Civic buildings, open space and other visual features that serve as

2-2 focal points.

2-3 Sec. 2. NRS 278.010 is hereby amended to read as follows:

2-4 278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1

2-5 of this act, unless the context otherwise requires, the words and terms

2-6 defined in NRS 278.0105 to 278.0195, inclusive, and section 1 of this act

2-7 have the meanings ascribed to them in those sections.

2-8 Sec. 3. NRS 278.150 is hereby amended to read as follows:

2-9 278.150 1. The planning commission shall prepare and adopt a

2-10 comprehensive, long-term general plan for the physical development of the

2-11 city, county or region which in the commission’s judgment bears relation to

2-12 the planning thereof.

2-13 2. The plan must be known as the master plan, and must be so prepared

2-14 that all or portions thereof, except as otherwise provided in subsection 3,

2-15 may be adopted by the governing body, as provided in NRS 278.010 to

2-16 278.630, inclusive, as a basis for the development of the city, county or

2-17 region for such reasonable period of time next ensuing after the adoption

2-18 thereof as may practically be covered thereby.

2-19 3. In counties whose population is 100,000 or more, if the governing

2-20 body of the city or county adopts only a portion of the master plan, it shall

2-21 include in that portion a conservation plan, a housing plan , a land use plan

2-22 and a population plan as provided in NRS 278.160.

2-23 Sec. 4. NRS 278.160 is hereby amended to read as follows:

2-24 278.160 1. The master plan, with the accompanying charts, drawings,

2-25 diagrams, schedules and reports, may include such of the following subject

2-26 matter or portions thereof as are appropriate to the city, county or region,

2-27 and as may be made the basis for the physical development thereof:

2-28 (a) Community design. Standards and principles governing the

2-29 subdivision of land and suggestive patterns for community design and

2-30 development.

2-31 (b) Conservation plan. For the conservation, development and utilization

2-32 of natural resources, including water and its hydraulic force, underground

2-33 water, water supply, forests, soils, rivers and other waters, harbors,

2-34 fisheries, wildlife, minerals and other natural resources. The plan must also

2-35 cover the reclamation of land and waters, flood control, prevention and

2-36 control of the pollution of streams and other waters, regulation of the use of

2-37 land in stream channels and other areas required for the accomplishment of

2-38 the conservation plan, prevention, control and correction of the erosion of

2-39 soils through proper clearing, grading and landscaping, beaches and shores,

2-40 and protection of watersheds. The plan must also indicate the maximum

2-41 tolerable level of air pollution.

3-1 (c) Economic plan. Showing recommended schedules for the allocation

3-2 and expenditure of public money in order to provide for the economical

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

3-4 (d) Historical properties preservation plan. An inventory of significant

3-5 historical, archaeological and architectural properties as defined by a city,

3-6 county or region, and a statement of methods to encourage the preservation

3-7 of those properties.

3-8 (e) Housing plan. The housing plan must include, but is not limited to:

3-9 (1) An inventory of housing conditions, needs and plans and

3-10 procedures for improving housing standards and for providing adequate

3-11 housing.

3-12 (2) An inventory of affordable housing in the community.

3-13 (3) An analysis of the demographic characteristics of the community.

3-14 (4) A determination of the present and prospective need for

3-15 affordable housing in the community.

3-16 (5) An analysis of any impediments to the development of affordable

3-17 housing and the development of policies to mitigate those impediments.

3-18 (6) An analysis of the characteristics of the land that is the most

3-19 appropriate for the construction of affordable housing.

3-20 (7) An analysis of the needs and appropriate methods for the

3-21 construction of affordable housing or the conversion or rehabilitation of

3-22 existing housing to affordable housing.

3-23 (8) A plan for maintaining and developing affordable housing to meet

3-24 the housing needs of the community.

3-25 (f) Land use plan. An inventory and classification of types of natural

3-26 land and of existing land cover and uses, and comprehensive plans for the

3-27 most desirable utilization of land. The land use plan [may] :

3-28 (1) Must include a provision that allows for a mixture of at least

3-29 residential and commercial land uses such as is characterized in a

3-30 traditional neighborhood development.

3-31 (2) May include a provision concerning the acquisition and use of

3-32 land that is under federal management within the city, county or region,

3-33 including, without limitation, a plan or statement of policy prepared

3-34 pursuant to NRS 321.7355.

3-35 (g) Population plan. An estimate of the total population which the

3-36 natural resources of the city, county or region will support on a continuing

3-37 basis without unreasonable impairment.

3-38 (h) Public buildings. Showing locations and arrangement of civic centers

3-39 and all other public buildings, including the architecture thereof and the

3-40 landscape treatment of the grounds thereof.

4-1 (i) Public services and facilities. Showing general plans for sewage,

4-2 drainage and utilities, and rights of way, easements and facilities therefor,

4-3 including any utility projects required to be reported pursuant to NRS

4-4 278.145.

4-5 (j) Recreation plan. Showing a comprehensive system of recreation

4-6 areas, including natural reservations, parks, parkways, reserved riverbank

4-7 strips, beaches, playgrounds and other recreation areas, including, when

4-8 practicable, the locations and proposed development thereof.

4-9 (k) Safety plan. In any county whose population is 400,000 or more,

4-10 identifying potential types of natural and man-made hazards, including

4-11 hazards from floods, landslides or fires, or resulting from the manufacture,

4-12 storage, transfer or use of bulk quantities of hazardous materials. The plan

4-13 may set forth policies for avoiding or minimizing the risks from those

4-14 hazards.

4-15 (l) Seismic safety plan. Consisting of an identification and appraisal of

4-16 seismic hazards such as susceptibility to surface ruptures from faulting, to

4-17 ground shaking or to ground failures.

4-18 (m) Solid waste disposal plan. Showing general plans for the disposal of

4-19 solid waste.

4-20 (n) Streets and highways plan. Showing the general locations and widths

4-21 of a comprehensive system of major traffic thoroughfares and other traffic

4-22 ways and of streets and the recommended treatment thereof, building line

4-23 setbacks, and a system of naming or numbering streets and numbering

4-24 houses, with recommendations concerning proposed changes.

4-25 (o) Transit plan. Showing a proposed system of transit lines, including

4-26 rapid transit, streetcar, motorcoach and trolley coach lines and related

4-27 facilities.

4-28 (p) Transportation plan. Showing a comprehensive transportation

4-29 system, including locations of rights of way, terminals, viaducts and grade

4-30 separations. The plan may also include port, harbor, aviation and related

4-31 facilities.

4-32 2. The commission may prepare and adopt, as part of the master plan,

4-33 other and additional plans and reports dealing with such other subjects as

4-34 may in its judgment relate to the physical development of the city, county

4-35 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

4-36 prohibits the preparation and adoption of any such subject as a part of the

4-37 master plan.

4-38 Sec. 5. NRS 278.170 is hereby amended to read as follows:

4-39 278.170 1. The commission may prepare and adopt all or any part of

4-40 the master plan or any subject thereof, except as otherwise provided in

4-41 subsection 2, for all or any part of the city, county or region. Master

4-42 regional plans must be coordinated with similar plans of adjoining regions,

5-1 and master county and city plans within each region must be coordinated so

5-2 as to fit properly into the master plan for the region.

5-3 2. In counties whose population is 100,000 or more, if the commission

5-4 prepares and adopts less than all subjects of the master plan, as outlined in

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

5-6 conservation, housing , land use and population plans described in that

5-7 section.

5-8 Sec. 6. NRS 278.250 is hereby amended to read as follows:

5-9 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,

5-10 the governing body may divide the city, county or region into zoning

5-11 districts of such number, shape and area as are best suited to carry out the

5-12 purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district

5-13 it may regulate and restrict the erection, construction, reconstruction,

5-14 alteration, repair or use of buildings, structures or land.

5-15 2. The zoning regulations must be adopted in accordance with the

5-16 master plan for land use and be designed:

5-17 (a) To preserve the quality of air and water resources.

5-18 (b) To promote the conservation of open space and the protection of

5-19 other natural and scenic resources from unreasonable impairment.

5-20 (c) To provide for recreational needs.

5-21 (d) To protect life and property in areas subject to floods, landslides and

5-22 other natural disasters.

5-23 (e) To conform to the adopted population plan, if required by NRS

5-24 278.170.

5-25 (f) To develop a timely, orderly and efficient arrangement of

5-26 transportation and public facilities and services, including facilities and

5-27 services for bicycles.

5-28 (g) To ensure that the development on land is commensurate with the

5-29 character and the physical limitations of the land.

5-30 (h) To take into account the immediate and long-range financial impact

5-31 of the application of particular land to particular kinds of development, and

5-32 the relative suitability of the land for development.

5-33 (i) To promote health and the general welfare.

5-34 (j) To ensure the development of an adequate supply of housing for the

5-35 community, including the development of affordable housing.

5-36 3. The zoning regulations must include a provision that allows for a

5-37 mixture of at least residential and commercial land uses such as is

5-38 characterized in a traditional neighborhood development.

5-39 4. The zoning regulations must be adopted with reasonable

5-40 consideration, among other things, to the character of the area and its

5-41 peculiar suitability for particular uses, and with a view to conserving the

5-42 value of buildings and encouraging the most appropriate use of land

5-43 throughout the city, county or region.

6-1 Sec. 7. This act becomes effective on January 1, 2001.

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