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
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 a1-2
new section to read as follows:1-3
"Traditional neighborhood development" means a type of1-4
development that is designed to include a variety of types and values of1-5
housing, commercial uses, services, schools, public facilities, open space,1-6
places for the public to gather and places that provide occupational1-7
opportunities, and to encourage pedestrian traffic, reduce vehicular1-8
traffic and provide access to public transit. The development must1-9
include, without limitation:1-10
1. Areas that contain single-family residences that have reduced1-11
setbacks and a garage or carport which is located at the rear of the1-12
residence;1-13
2. Areas that integrate residential, commercial and service uses1-14
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; and2-1
4. Civic buildings, open space and other visual features that serve as2-2
focal points.2-3
Sec. 2. NRS 278.010 is hereby amended to read as follows: 278.010 As used in NRS 278.010 to 278.630, inclusive, and section 12-5
of this act, unless the context otherwise requires, the words and terms2-6
defined in NRS 278.0105 to 278.0195, inclusive, and section 1 of this act2-7
have the meanings ascribed to them in those sections.2-8
Sec. 3. NRS 278.150 is hereby amended to read as follows: 278.150 1. The planning commission shall prepare and adopt a2-10
comprehensive, long-term general plan for the physical development of the2-11
city, county or region which in the commission’s judgment bears relation to2-12
the planning thereof.2-13
2. The plan must be known as the master plan, and must be so prepared2-14
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 to2-16
278.630, inclusive, as a basis for the development of the city, county or2-17
region for such reasonable period of time next ensuing after the adoption2-18
thereof as may practically be covered thereby.2-19
3. In counties whose population is 100,000 or more, if the governing2-20
body of the city or county adopts only a portion of the master plan, it shall2-21
include in that portion a conservation plan, a housing plan , a land use plan2-22
and a population plan as provided in NRS 278.160.2-23
Sec. 4. NRS 278.160 is hereby amended to read as follows: 278.160 1. The master plan, with the accompanying charts, drawings,2-25
diagrams, schedules and reports, may include such of the following subject2-26
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 the2-29
subdivision of land and suggestive patterns for community design and2-30
development.2-31
(b) Conservation plan. For the conservation, development and utilization2-32
of natural resources, including water and its hydraulic force, underground2-33
water, water supply, forests, soils, rivers and other waters, harbors,2-34
fisheries, wildlife, minerals and other natural resources. The plan must also2-35
cover the reclamation of land and waters, flood control, prevention and2-36
control of the pollution of streams and other waters, regulation of the use of2-37
land in stream channels and other areas required for the accomplishment of2-38
the conservation plan, prevention, control and correction of the erosion of2-39
soils through proper clearing, grading and landscaping, beaches and shores,2-40
and protection of watersheds. The plan must also indicate the maximum2-41
tolerable level of air pollution.3-1
(c) Economic plan. Showing recommended schedules for the allocation3-2
and expenditure of public money in order to provide for the economical3-3
and timely execution of the various components of the plan.3-4
(d) Historical properties preservation plan. An inventory of significant3-5
historical, archaeological and architectural properties as defined by a city,3-6
county or region, and a statement of methods to encourage the preservation3-7
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 and3-10
procedures for improving housing standards and for providing adequate3-11
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 for3-15
affordable housing in the community.3-16
(5) An analysis of any impediments to the development of affordable3-17
housing and the development of policies to mitigate those impediments.3-18
(6) An analysis of the characteristics of the land that is the most3-19
appropriate for the construction of affordable housing.3-20
(7) An analysis of the needs and appropriate methods for the3-21
construction of affordable housing or the conversion or rehabilitation of3-22
existing housing to affordable housing.3-23
(8) A plan for maintaining and developing affordable housing to meet3-24
the housing needs of the community.3-25
(f) Land use plan. An inventory and classification of types of natural3-26
land and of existing land cover and uses, and comprehensive plans for the3-27
most desirable utilization of land. The land use plan3-28
(1) Must include a provision that allows for a mixture of at least3-29
residential and commercial land uses such as is characterized in a3-30
traditional neighborhood development.3-31
(2) May include a provision concerning the acquisition and use of3-32
land that is under federal management within the city, county or region,3-33
including, without limitation, a plan or statement of policy prepared3-34
pursuant to NRS 321.7355.3-35
(g) Population plan. An estimate of the total population which the3-36
natural resources of the city, county or region will support on a continuing3-37
basis without unreasonable impairment.3-38
(h) Public buildings. Showing locations and arrangement of civic centers3-39
and all other public buildings, including the architecture thereof and the3-40
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 NRS4-4
278.145.4-5
(j) Recreation plan. Showing a comprehensive system of recreation4-6
areas, including natural reservations, parks, parkways, reserved riverbank4-7
strips, beaches, playgrounds and other recreation areas, including, when4-8
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, including4-11
hazards from floods, landslides or fires, or resulting from the manufacture,4-12
storage, transfer or use of bulk quantities of hazardous materials. The plan4-13
may set forth policies for avoiding or minimizing the risks from those4-14
hazards.4-15
(l) Seismic safety plan. Consisting of an identification and appraisal of4-16
seismic hazards such as susceptibility to surface ruptures from faulting, to4-17
ground shaking or to ground failures.4-18
(m) Solid waste disposal plan. Showing general plans for the disposal of4-19
solid waste.4-20
(n) Streets and highways plan. Showing the general locations and widths4-21
of a comprehensive system of major traffic thoroughfares and other traffic4-22
ways and of streets and the recommended treatment thereof, building line4-23
setbacks, and a system of naming or numbering streets and numbering4-24
houses, with recommendations concerning proposed changes.4-25
(o) Transit plan. Showing a proposed system of transit lines, including4-26
rapid transit, streetcar, motorcoach and trolley coach lines and related4-27
facilities.4-28
(p) Transportation plan. Showing a comprehensive transportation4-29
system, including locations of rights of way, terminals, viaducts and grade4-30
separations. The plan may also include port, harbor, aviation and related4-31
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 as4-34
may in its judgment relate to the physical development of the city, county4-35
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 the4-37
master plan.4-38
Sec. 5. NRS 278.170 is hereby amended to read as follows: 278.170 1. The commission may prepare and adopt all or any part of4-40
the master plan or any subject thereof, except as otherwise provided in4-41
subsection 2, for all or any part of the city, county or region. Master4-42
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 so5-2
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 commission5-4
prepares and adopts less than all subjects of the master plan, as outlined in5-5
NRS 278.160, it shall include, in its preparation and adoption, the5-6
conservation, housing , land use and population plans described in that5-7
section.5-8
Sec. 6. NRS 278.250 is hereby amended to read as follows: 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,5-10
the governing body may divide the city, county or region into zoning5-11
districts of such number, shape and area as are best suited to carry out the5-12
purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district5-13
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 the5-16
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 of5-19
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 and5-22
other natural disasters.5-23
(e) To conform to the adopted population plan, if required by NRS5-24
278.170.5-25
(f) To develop a timely, orderly and efficient arrangement of5-26
transportation and public facilities and services, including facilities and5-27
services for bicycles.5-28
(g) To ensure that the development on land is commensurate with the5-29
character and the physical limitations of the land.5-30
(h) To take into account the immediate and long-range financial impact5-31
of the application of particular land to particular kinds of development, and5-32
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 the5-35
community, including the development of affordable housing.5-36
3. The zoning regulations must include a provision that allows for a5-37
mixture of at least residential and commercial land uses such as is5-38
characterized in a traditional neighborhood development.5-39
4. The zoning regulations must be adopted with reasonable5-40
consideration, among other things, to the character of the area and its5-41
peculiar suitability for particular uses, and with a view to conserving the5-42
value of buildings and encouraging the most appropriate use of land5-43
throughout the city, county or region.6-1
Sec. 7. This act becomes effective on January 1, 2001.~