Assembly Bill No. 569–Assemblymen Williams
and Giunchigliani

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Requires express written consent of certain owners of land to certain amendments to zoning ordinances, regulations, classifications, restrictions or boundaries. (BDR 22-151)

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 zoning; providing in skeleton form for a requirement that a governing body obtain the express written consent of certain owners of land to certain amendments to zoning ordinances, regulations, classifications, restrictions or boundaries; 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 a new section to read as follows:

1-3 1. A governing body shall not amend a zoning ordinance, regulation,

1-4 classification, restriction or boundary if such an amendment will reduce:

1-5 (a) The density with which a parcel of land may be developed; or

1-6 (b) The intensity with which a parcel of land may be used,

1-7 unless the governing body first obtains express written consent to the

1-8 amendment from each owner whose land will be so affected by the

1-9 amendment. If an owner does not consent or withdraws his consent

1-10 before the governing body adopts the amendment, the amendment must

1-11 not be applicable to the land owned by that owner.

1-12 2. As used in this section, "governing body" means:

1-13 (a) A city council or other legislative body of a city;

1-14 (b) A board of county commissioners;

1-15 (c) In the case of Carson City, the board of supervisors;

2-1 (d) The governor, when amending a zoning regulation pursuant to

2-2 NRS 278.645; or

2-3 (e) Any other person or entity authorized to amend a zoning

2-4 ordinance, regulation, classification, restriction or boundary.

2-5 Sec. 2. NRS 278.250 is hereby amended to read as follows:

2-6 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,

2-7 and section 1 of this act, the governing body may divide the city, county

2-8 or region into zoning districts of such number, shape and area as are best

2-9 suited to carry out the purposes of NRS 278.010 to 278.630, inclusive [.

2-10 Within] , and section 1 of this act. Except as otherwise provided in

2-11 section 1 of this act, within the zoning district [it] the governing body may

2-12 regulate and restrict the erection, construction, reconstruction, alteration,

2-13 repair or use of buildings, structures or land.

2-14 2. The zoning regulations must be adopted in accordance with the

2-15 master plan for land use and be designed:

2-16 (a) To preserve the quality of air and water resources.

2-17 (b) To promote the conservation of open space and the protection of

2-18 other natural and scenic resources from unreasonable impairment.

2-19 (c) To provide for recreational needs.

2-20 (d) To protect life and property in areas subject to floods, landslides and

2-21 other natural disasters.

2-22 (e) To conform to the adopted population plan, if required by NRS

2-23 278.170.

2-24 (f) To develop a timely, orderly and efficient arrangement of

2-25 transportation and public facilities and services, including facilities and

2-26 services for bicycles.

2-27 (g) To ensure that the development on land is commensurate with the

2-28 character and the physical limitations of the land.

2-29 (h) To take into account the immediate and long-range financial impact

2-30 of the application of particular land to particular kinds of development, and

2-31 the relative suitability of the land for development.

2-32 (i) To promote health and the general welfare.

2-33 (j) To ensure the development of an adequate supply of housing for the

2-34 community, including the development of affordable housing.

2-35 3. The zoning regulations must be adopted with reasonable

2-36 consideration, among other things, to the character of the area and its

2-37 peculiar suitability for particular uses, and with a view to conserving the

2-38 value of buildings and encouraging the most appropriate use of land

2-39 throughout the city, county or region.

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