S.B. 157
Senate Bill No. 157–Senator Shaffer
February 15, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing Comstock historic district. (BDR 33‑954)
FISCAL NOTE: Effect on Local Government: 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 historic districts; revising the duties of the Comstock historic district commission; requiring the board of county commissioners of certain counties to establish certain historic districts within those counties; 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 384.030 is hereby amended to read as follows:
1-2 384.030 As used in NRS 384.010 to 384.210, inclusive:
1-3 1. “Board” means the board of county commissioners of Lyon
1-4 County or Storey County.
1-5 2. “Commission” means the advisory commission for the Comstock
1-6 historic district . [commission.
1-7 2.] 3. “Exterior architectural features” means the architectural style,
1-8 general design and general arrangement of the exterior of a structure,
1-9 including the kind and texture of the building material, the type and style of
1-10 all windows, doors, light fixtures and signs, color, and other appurtenant
1-11 fixtures.
1-12 [3.] 4. “Historic district” means an area within which structures and
1-13 places of historical interest are under the protection of [the commission.
1-14 4.] a board.
1-15 5. “Structure” means any building [for whatever] , regardless of the
1-16 purpose for which it is constructed or used, house trailer as defined in NRS
1-17 484.069, mobile home as defined in NRS 484.0795, stone wall, fence, light
1-18 fixture, step, paving, advertising sign, bill poster and any fixture
1-19 appurtenant thereto . [, but] The term does not include [structures or signs]
1-20 a structure or sign of a temporary nature [such as those erected for
1-21 celebrations or parades.] , including, without limitation, a structure or
1-22 sign erected for a celebration or parade.
2-1 Sec. 2. NRS 384.040 is hereby amended to read as follows:
2-2 384.040 The advisory commission for the Comstock historic district ,
2-3 [commission,] consisting of nine members appointed by the governor, is
2-4 hereby created.
2-5 Sec. 3. NRS 384.060 is hereby amended to read as follows:
2-6 384.060 1. Meetings of the commission [shall] must be held at such
2-7 times and places as the chairman or a majority of the commissioners may
2-8 designate . [, or as shall be established by the regulations adopted by the
2-9 commission.]
2-10 2. Five members of the commission [shall] constitute a quorum for all
2-11 purposes and the affirmative vote of a majority of the members present
2-12 [shall be necessary] is required for the adoption [or promulgation] of any
2-13 [regulation or order] recommendation of the commission[.] or for any
2-14 other action taken by the commission.
2-15 Sec. 4. NRS 384.070 is hereby amended to read as follows:
2-16 384.070 1. The commission may establish and maintain an office in
2-17 Virginia City, Storey County, Nevada, in which there [shall] must be at all
2-18 times open to public inspection a complete record of applications for
2-19 certificates of appropriateness and their disposition[,] and the minutes of
2-20 the commission’s meetings . [, and any regulations adopted by the
2-21 commission.]
2-22 2. The commission shall maintain a library in the office [for the
2-23 purpose of guiding] to guide applicants in their design or embellishment of
2-24 the exterior of their new or remodeled buildings . [, new or remodeled.]
2-25 The library [shall] must consist of, [but not be limited to,] without
2-26 limitation, documents, paintings, photographs, drawings and histories
2-27 descriptive of the period which are deemed appropriate guidelines to the
2-28 applicant. A card index system [shall also] must be made and maintained
2-29 for reference to more comprehensive information in libraries other than the
2-30 [one] library maintained by the commission.
2-31 Sec. 5. NRS 384.080 is hereby amended to read as follows:
2-32 384.080 1. The commission [is vested with all of the functions and
2-33 powers relating to the administration] :
2-34 (a) Shall, if requested by a board, submit a recommendation to the
2-35 board concerning the issuance of a certificate of appropriateness or any
2-36 other action proposed by the board in accordance with the provisions of
2-37 NRS 384.010 to 384.210, inclusive[.
2-38 2. It may,] ; and
2-39 (b) May, to the extent permitted by money appropriated or otherwise
2-40 received therefor, employ such technical and clerical personnel, including a
2-41 building inspector, as may be necessary to the discharge of its duties, and
2-42 fix their compensation.
2-43 2. Each recommendation prepared by the commission pursuant to
2-44 the provisions of subsection 1 must be submitted to the board within the
2-45 period specified by the board. A board is not bound by any
2-46 recommendation submitted to it by the commission.
2-47 Sec. 6. NRS 384.090 is hereby amended to read as follows:
2-48 384.090 [The commission] Each board may appoint such committees
2-49 and subcommittees and adopt [such reasonable regulations as are
3-1 necessary] ordinances to carry out the provisions of NRS 384.010 to
3-2 384.210, inclusive.
3-3 Sec. 7. NRS 384.100 is hereby amended to read as follows:
3-4 384.100 1. [The commission] Each board shall establish [an] a
3-5 historic district in [such portions of Storey and Lyon counties as it may
3-6 designate as provided in] its county in accordance with NRS 384.010 to
3-7 384.210, inclusive . [, embracing] Each historic district must embrace an
3-8 area within which historic structures, sites and railroads relating to the
3-9 Comstock lode and its history are or were located.
3-10 2. Before establishing [the district, the commission] a historic district
3-11 pursuant to the provisions of subsection 1, a board shall hold a public
3-12 hearing after giving notice of the time and place of the hearing in a
3-13 newspaper of general circulation in each county a portion of which is
3-14 located within the proposed historic district.
3-15 3. The notice must be published once a week for 3 consecutive weeks
3-16 and must include the purpose of the hearing and the boundaries of the
3-17 proposed historic district.
3-18 4. At the hearing , any person may appear in support of or in
3-19 opposition to the establishment of the historic district.
3-20 5. Within 15 days after the hearing , the [commission] board shall:
3-21 (a) Establish [an] a historic district within its county and fix its
3-22 boundaries; or
3-23 (b) Determine not to establish [an] a historic district.
3-24 6. If [an] a historic district is established, notice thereof must be given
3-25 by one publication in a newspaper of general circulation in each county a
3-26 portion of which is located within the historic district.
3-27 7. [The commission] A board may alter or change the boundaries of
3-28 the historic district located within its county by following the same
3-29 procedure as provided in this section for the establishment of a historic
3-30 district.
3-31 8. After [an] a historic district is established, no house trailer, mobile
3-32 home, or recreational vehicle may be placed or established in any area
3-33 within the district, unless the [commission and the board of county
3-34 commissioners] board in the appropriate county[, by agreement, permit]
3-35 permits the establishment of a trailer overlay or the location of a mobile
3-36 home park within the portion of the district[,] located in its county, upon a
3-37 finding that such an action is needed and that it would not conflict with the
3-38 historic aspect and character of the affected area.
3-39 Sec. 8. NRS 384.110 is hereby amended to read as follows:
3-40 384.110 1. No structure may be erected, reconstructed, altered,
3-41 restored, moved or demolished within [the] a historic district until after an
3-42 application for a certificate of appropriateness as to exterior architectural
3-43 features has been submitted to and approved by the [commission.] board of
3-44 the county in which the district is located. The application for a certificate
3-45 of appropriateness [shall] must be in such a form and accompanied by such
3-46 plans, specifications and other material as the [commission] board may
3-47 from time to time prescribe.
3-48 2. In its deliberations under the provisions of NRS 384.010 to 384.210,
3-49 inclusive, the [commission] board shall not consider interior arrangement
4-1 or use, and shall take no action [under] pursuant to the provisions of NRS
4-2 384.010 to 384.210, inclusive, except [for the purpose of preventing] to
4-3 prevent the erection, reconstruction, restoration, alteration, moving or
4-4 razing of buildings [in the] located within its historic district that are
4-5 obviously incongruous with the historic aspects of the district.
4-6 3. [Nothing in] The provisions of NRS 384.010 to 384.210, inclusive,
4-7 [prevents:] do not prohibit:
4-8 (a) The ordinary maintenance or repair of any exterior architectural
4-9 feature in [the] a historic district which does not involve a change of design
4-10 or material or the outward appearance thereof;
4-11 (b) The construction, reconstruction, alteration or demolition of any
4-12 such feature which the building inspector or similar authority certifies is
4-13 required by the public safety because of an unsafe or dangerous condition;
4-14 or
4-15 (c) The construction, reconstruction, alteration or demolition of any
4-16 such feature under a permit issued by a building inspector or similar
4-17 authority [prior to] before the effective date of the establishment of [such]
4-18 the historic district.
4-19 Sec. 9. NRS 384.120 is hereby amended to read as follows:
4-20 384.120 1. [The commission] A board shall hold a public hearing
4-21 upon each application for a certificate of appropriateness that is submitted
4-22 to it unless waived in writing by [all persons] each person who is entitled
4-23 to a notice thereof as provided in this section.
4-24 2. Within 30 days after the filing of an application for a certificate of
4-25 appropriateness, Saturdays, Sundays and legal holidays excluded, the
4-26 [commission] board shall determine the estates and property deemed by it
4-27 to be materially affected by [such] the application and, unless a public
4-28 hearing on [such] the application is waived by [all persons] each person
4-29 entitled to notice, shall forthwith cause a notice of [such] the application
4-30 and of the hearing to be held thereon to be given by regular mail, postage
4-31 prepaid, to the applicant, to the owners of all such estates or property as
4-32 they appear on the most recent tax list, and to any person who has filed a
4-33 written request for a notice of hearings during the preceding calendar year.
4-34 The notices [shall] must be mailed at least 10 days [prior to] before the
4-35 date set for the hearing.
4-36 3. The [commission] board may, if it determines the matter to be of
4-37 sufficient public interest, give an additional notice of the time and place of
4-38 the hearing by publication in the form of a legal advertisement in a
4-39 newspaper having a substantial circulation in the historic district located
4-40 within the county of the board. The notice must be published at least 7
4-41 days before [such] the hearing.
4-42 Sec. 10. NRS 384.130 is hereby amended to read as follows:
4-43 384.130 As soon as practicable after [such] the public hearing, or the
4-44 waiver thereof, but not more than 60 days, Saturdays, Sundays and legal
4-45 holidays excluded, after the filing of the application for the certificate of
4-46 appropriateness, or within such further time as the applicant may in writing
4-47 allow, the [commission] board shall determine:
4-48 1. That the proposed erection, construction, reconstruction, restoration,
4-49 alteration, moving or razing of the exterior architectural feature involved
5-1 [will be] is appropriate to the preservation of the historic district for the
5-2 purposes of NRS 384.010 to 384.210, inclusive;
5-3 2. That, even though the proposed project may be inappropriate,
5-4 failure to issue a certificate of appropriateness would involve a substantial
5-5 hardship to the applicant because of conditions especially affecting the
5-6 structure involved, but not affecting the historic district generally, and that
5-7 a certificate [could] of appropriateness may be issued without a substantial
5-8 detriment to the public welfare or the purposes of NRS 384.010 to 384.210,
5-9 inclusive; or
5-10 3. That the proposed project is inappropriate.
5-11 Sec. 11. NRS 384.140 is hereby amended to read as follows:
5-12 384.140 1. In passing upon appropriateness, [the commission] a
5-13 board shall consider, in addition to any other pertinent factors:
5-14 (a) Historic and architectural value and significance;
5-15 (b) Architectural style;
5-16 (c) Location on the lot;
5-17 (d) Position of the structure in relation to the street or public way and
5-18 whether it is subject to public view from a public place;
5-19 (e) General design, arrangement, texture, material, color and size of the
5-20 exterior architectural features involved and the relationship thereof to the
5-21 exterior architectural features of other structures in the immediate
5-22 neighborhood; and
5-23 (f) The relationship of the exterior architectural features to well
5-24 recognized styles of early western architecture of the late 19th and early
5-25 20th centuries.
5-26 2. A certificate of appropriateness may be refused for any structure the
5-27 erection, reconstruction, restoration, alteration, moving or razing of which,
5-28 in the opinion of the [commission,] board, would be detrimental to the
5-29 interest of the historic district located within the county of that board or
5-30 incongruous with the historic aspects of the surroundings and the historic
5-31 environment of the historic district.
5-32 Sec. 12. NRS 384.150 is hereby amended to read as follows:
5-33 384.150 1. If [the commission] a board determines that the proposed
5-34 construction, reconstruction, restoration, alteration, moving or razing of the
5-35 exterior architectural feature involved [will be] is appropriate, or, although
5-36 inappropriate, that failure to issue a certificate of appropriateness would
5-37 result in a hardship as provided in subsection 2 of NRS 384.130, or if [the
5-38 commission] a board fails to make a determination within the [time]
5-39 period prescribed in NRS 384.130, the [commission] board shall
5-40 immediately issue to the applicant a certificate of appropriateness. The
5-41 [commission] board may charge and collect a reasonable fee for issuing
5-42 the certificate. If a fee is charged, 50 percent of the proceeds must be
5-43 deposited in the state general fund for credit to the appropriate account for
5-44 the Comstock historic district and 50 percent must be deposited in a
5-45 nonreverting account for the restoration of the fourth ward school in
5-46 Virginia City, which is hereby created. [Money] The money in the account
5-47 for the restoration of the fourth ward school may be expended only upon
5-48 approval by the [commission.] board of county commissioners of Storey
5-49 County.
6-1 2. In exercising the power to vary or modify strict [adherence to]
6-2 compliance with the provisions of NRS 384.010 to 384.210, inclusive, or
6-3 to interpret the meaning of NRS 384.010 to 384.210, inclusive, so as to
6-4 relieve a hardship under the provisions of subsection 2 of NRS 384.130,
6-5 [the commission] a board shall require any variance, modification or
6-6 interpretation to be in harmony with the general purpose and intent of NRS
6-7 384.010 to 384.210, inclusive, so that the general historical character of the
6-8 historic district within its county is conserved and substantial justice done.
6-9 In allowing variations, [the commission] a board may impose such
6-10 reasonable and additional conditions as will, in its judgment, better fulfill
6-11 the purposes of NRS 384.010 to 384.210, inclusive.
6-12 3. If [the commission] a board determines that a certificate of
6-13 appropriateness should not issue, it shall immediately set forth in its
6-14 records the reasons for the determination, and may include
6-15 recommendations [respecting] concerning the proposed erection,
6-16 construction, restoration, alteration, moving or razing, and shall
6-17 immediately notify the applicant of the determination by transmitting to
6-18 him an attested copy of the reasons and recommendations, if any, as set
6-19 forth in the records of the [commission.] board.
6-20 4. The applicant may appeal a refusal of [the commission] a board to
6-21 issue a certificate of appropriateness to the board of museums and history
6-22 within 30 days after its determination and the board[,] of museums and
6-23 history, after a hearing on the matter, may:
6-24 (a) Approve the application with or without conditions by a unanimous
6-25 vote; or
6-26 (b) Deny the application.
6-27 If the board of museums and history approves the application, the
6-28 [commission] board that refused to issue a certificate of appropriateness
6-29 shall immediately issue a certificate of appropriateness to the applicant.
6-30 Sec. 13. NRS 384.170 is hereby amended to read as follows:
6-31 384.170 1. [The commission] A board may accept gifts, donations,
6-32 devises or bequests of real or personal property [for the purpose of
6-33 enabling] to enable it to carry out a program of historic preservation and
6-34 restoration within that portion of the historic district[,] located within its
6-35 county, and it may expend the same for that purpose. [The commission] A
6-36 board may sell, or lease for [periods not to exceed] not more than 20
6-37 years, real or personal property for use within that portion of the historic
6-38 district which it may acquire.
6-39 2. [The commission] A board shall deposit gifts or donations of money
6-40 and any money acquired from selling or leasing the items described in
6-41 subsection 1 in the trust fund for the Comstock historic district which is
6-42 hereby created in the state treasury. The fund must be administered by the
6-43 commission. Any interest earned on the money in the fund must be
6-44 credited to the fund. The money deposited in the fund and all interest paid
6-45 thereon may be expended only upon the approval of each board for the
6-46 maintenance of the commission or to carry out the program of historic
6-47 preservation and restoration within [the] a historic district.
6-48 3. The commission [has no] may not exercise the power of eminent
6-49 domain.
7-1 Sec. 14. NRS 384.180 is hereby amended to read as follows:
7-2 384.180 The commission may recommend:
7-3 1. To the state and to political subdivisions within [the] a historic
7-4 district appropriate measures to effectuate, supplement, foster and promote
7-5 the purposes of NRS 384.010 to 384.210, inclusive.
7-6 2. To any political subdivision within [the] a historic district
7-7 appropriate zoning and traffic regulations, including , but not limited to ,
7-8 designating mobile home and trailer sites, parking, modes of public
7-9 transportation, ingress and egress to public streets and alleys, and the
7-10 closing of such streets or alleys or restriction of vehicular traffic thereon in
7-11 order to effectuate the purposes of NRS 384.010 to 384.210, inclusive,
7-12 [such as] including, without limitation, restoration of historic modes of
7-13 travel and safety of pedestrians.
7-14 Sec. 15. NRS 384.190 is hereby amended to read as follows:
7-15 384.190 1. [The] A building inspector employed by the commission
7-16 or a board may investigate, inspect and examine any structure, place or
7-17 area in [the district, either] a historic district, in connection with an
7-18 application for a certificate of appropriateness, or at any time to determine
7-19 whether it is in violation of any provision of NRS 384.010 to 384.210,
7-20 inclusive, or any [regulation] ordinance or order adopted or issued [under
7-21 authority] pursuant to the provisions of NRS 384.010 to 384.210,
7-22 inclusive.
7-23 2. [Whenever] If any work is being [done] conducted contrary to the
7-24 provisions of NRS 384.010 to 384.210, inclusive, the building inspector
7-25 may order the work stopped by notice in writing served on any person
7-26 engaged in the doing or causing [such] the work to be [done,] conducted,
7-27 and any such person shall forthwith stop [such] the work until authorized
7-28 to proceed with the work by the [commission to proceed with the work.]
7-29 board of the county in which the work is being conducted.
7-30 Sec. 16. NRS 384.200 is hereby amended to read as follows:
7-31 384.200 1. Any person who violates any of the provisions of NRS
7-32 384.010 to 384.210, inclusive, or any [regulation] ordinance or order
7-33 adopted or issued pursuant to the provisions of NRS 384.010 to 384.210,
7-34 inclusive, shall be punished by a fine of not more than $500 for each
7-35 offense. Each day of the violation constitutes a separate offense.
7-36 2. The district court of the county in which any property subject to the
7-37 provisions of NRS 384.010 to 384.210, inclusive, is located has
7-38 jurisdiction to enforce the provisions of NRS 384.010 to 384.210,
7-39 inclusive, and any [regulations] ordinances or orders adopted or issued
7-40 pursuant to the provisions of NRS 384.010 to 384.210, inclusive, and may
7-41 restrain by injunction violations thereof.
7-42 Sec. 17. NRS 384.210 is hereby amended to read as follows:
7-43 384.210 1. Any person aggrieved by a determination of [the
7-44 commission,] a board or of the board of museums and history made
7-45 pursuant to the provisions of subsection 4 of NRS 384.150, may, within 30
7-46 days after the making of the determination, appeal to the district court of
7-47 the county where the property in question is located.
7-48 2. The court may reverse the determination of [the commission] a
7-49 board if it finds that the reasons given for the determination are
8-1 unsupported by the evidence or contrary to law. The proceeding in the
8-2 district court is limited to the record made before the [commission.] board.
8-3 Sec. 18. The amendatory provisions of this act do not invalidate a
8-4 certificate of appropriateness issued before the effective date of this act.
8-5 Sec. 19. This act becomes effective upon passage and approval.
8-6 H