Assembly Bill No. 395–Assemblymen Oceguera, Giunchigliani, McClain, Parks, Freeman, Goldwater, Koivisto, Manendo and Price

 

March 16, 2001

____________

 

Joint Sponsors: Senators O’Donnell,
O’Connell, Care and Titus

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing authority of city or county to control location of certain residential facilities. (BDR 22‑1118)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; revising the provisions governing the authority of a city or county to control the location of certain residential facilities; 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. NRS 278.021 is hereby amended to read as follows:

1-2    278.021  1.  In any ordinance adopted by a city or county, the

1-3  definition of “single-family residence” must include a:

1-4    (a) Residential facility for groups in which 10 or fewer unrelated

1-5  persons with disabilities reside with:

1-6       (1) House parents or guardians who need not be related to any of the

1-7  persons with disabilities; and

1-8       (2) If applicable, additional persons who are related to the house

1-9  parents or guardians within the third degree of consanguinity or affinity.

1-10    (b) Home for individual residential care.

1-11    (c) Halfway house for alcohol and drug abusers.

1-12    2.  The provisions of subsection 1 do not prohibit a definition of

1-13  “single-family residence” which permits more persons to reside in the

1-14  house, nor does it prohibit regulation of homes which are operated on a

1-15  commercial basis. For the purposes of this subsection, a residential facility

1-16  for groups , a halfway house for alcohol and drug abusers or a home for

2-1  individual residential care shall not be deemed to be a home that is

2-2  operated on a commercial basis for any purposes relating to building codes

2-3  or zoning.

2-4    3.  The health division of the department of human resources shall

2-5  compile and maintain a registry of information relating to each residential

2-6  establishment that exists in this state and shall make available for access on

2-7  the Internet or its successor, if any, the information contained in the

2-8  registry. The registry must include with respect to each residential

2-9  establishment:

2-10    (a) The name of the owner of the establishment;

2-11    (b) The name of the administrator of the establishment;

2-12    (c) The address of the establishment; and

2-13    (d) The number of clients for which the establishment is
licensed.

2-14  Any department or agency of a county or city that becomes aware of the

2-15  existence of a residential establishment that is not included in the registry

2-16  shall transmit such information to the health division, as is necessary, for

2-17  inclusion in the registry within 30 days after obtaining the information.

2-18    4.  The governing body of a county whose population is 100,000 or

2-19  more or the governing body of a city in such a county or any department or

2-20  agency of the city or county shall approve the first application submitted on

2-21  or after July 1, 2000, to operate a residential establishment within a

2-22  particular neighborhood in the jurisdiction of the governing body. If[, on

2-23  or after July 1, 2000,] a subsequent application is submitted to operate an

2-24  additional residential establishment at a location that is within [660] 1,500

2-25  feet from an existing residential establishment, the governing body shall

2-26  review the application based on applicable zoning ordinances. The

2-27  requirements of this subsection do not require the relocation or

2-28  displacement of any residential establishment which existed before [July 1,

2-29  2000,] the effective date of this act from its location on that date. The

2-30  provisions of this subsection do not create or impose a presumption that the

2-31  location of more than one residential establishment within [660] 1,500 feet

2-32  of each other is inappropriate under all circumstances with respect to the

2-33  enforcement of zoning ordinances and regulations.

2-34    5.  The governing body of a county or city shall not refuse to issue a

2-35  special use permit to a residential establishment that meets local public

2-36  health and safety standards.

2-37    6.  The provisions of this section must not be applied in any manner

2-38  which would result in a loss of money from the Federal Government for

2-39  programs relating to housing.

2-40    7.  As used in this section:

2-41    (a) “Halfway house for alcohol and drug abusers” has the meaning

2-42  ascribed to it in NRS 458.010.

2-43    (b) “Home for individual residential care” has the meaning ascribed to it

2-44  in NRS 449.0105.

2-45    [(b)] (c) “Person with a disability” means a person:

2-46      (1) With a physical or mental impairment that substantially limits one

2-47  or more of the major life activities of the person;

2-48      (2) With a record of such an impairment; or

3-1       (3) Who is regarded as having such an impairment.

3-2    [(c)] (d) “Residential establishment” means a home for individual

3-3  residential care in a county whose population is 100,000 or more , a

3-4  halfway house for alcohol and drug abusers or a residential facility for

3-5  groups.

3-6    [(d)] (e) “Residential facility for groups” has the meaning ascribed to it

3-7  in NRS 449.017.

3-8    Sec. 2.  This act becomes effective upon passage and approval.

 

3-9  H