Assembly Bill No. 291–Committee on Government Affairs

 

March 13, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Provides for abolishment of city and county
planning commissions in certain larger counties. (BDR 22‑728)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to land use planning; providing in skeleton form for the abolishment of city and county planning commissions in certain larger counties; providing for the continued employment, without loss of position, seniority or benefits, of the staffs of those former planning commissions with the governing bodies of the applicable cities and 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. Chapter 278 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  No person may commence operation in a county whose

1-4  population is 400,000 or more or any city in such a county of a

1-5  facility where an explosive, or a substance listed in NRS 459.3816,

1-6  the regulations adopted pursuant thereto or the regulations

1-7  adopted pursuant to NRS 459.3833, will be used, manufactured,

1-8  processed, transferred or stored without first obtaining a

1-9  conditional use permit therefor from the governing body of the city

1-10  or county in which the facility is to be located. Each governing

1-11  body shall establish by local ordinance, in accordance with the

1-12  provisions of this section, the procedures for obtaining such a

1-13  permit.

2-1  2.  An application for a conditional use permit must be filed

2-2  with the governing body of the city or county in which the facility

2-3  is to be located. The governing body shall, within 90 days after the

2-4  filing of an application, hold a public hearing to consider the

2-5  application. The governing body shall, at least 30 days before

2-6  the date of the hearing, cause notice of the time, date, place and

2-7  purpose of the hearing to be:

2-8  (a) Sent by mail or, if requested by a party to whom notice

2-9  must be provided pursuant to this paragraph, by electronic means

2-10  if receipt of such an electronic notice can be verified, to:

2-11          (1) The applicant;

2-12          (2) Each owner or tenant of real property located within

2-13  1,000 feet of the property in question;

2-14          (3) The owner, as listed on the county assessor’s records, of

2-15  each of the 30 separately owned parcels nearest the property in

2-16  question, to the extent this notice does not duplicate the notice

2-17  given pursuant to subparagraph (2);

2-18          (4) If a mobile home park or multiple-unit residence is

2-19  located within 1,000 feet of the property in question, each tenant

2-20  of that mobile home park or multiple-unit residence;

2-21          (5) Any advisory board that has been established for the

2-22  affected area by the governing body;

2-23          (6) The Administrator of the Division of Environmental

2-24  Protection of the State Department of Conservation and Natural

2-25  Resources;

2-26          (7) The State Fire Marshal; and

2-27          (8) The Administrator of the Division of Industrial

2-28  Relations of the Department of Business and Industry; and

2-29      (b) Published in a newspaper of general circulation within the

2-30  city or county in which the property in question is located.

2-31      3.  The notice required by subsection 2 must:

2-32      (a) Be written in language that is easy to understand; and

2-33      (b) Include a physical description or map of the property in

2-34  question and a description of all explosives, and all substances

2-35  described in subsection 1, that will be located at the facility.

2-36      4.  In considering the application, the governing body shall:

2-37      (a) Consult with:

2-38          (1) Local emergency planning committees;

2-39          (2) The Administrator of the Division of Environmental

2-40  Protection of the State Department of Conservation and Natural

2-41  Resources;

2-42          (3) The State Fire Marshal;

2-43          (4) The Administrator of the Division of Industrial

2-44  Relations of the Department of Business and Industry; and

3-1       (5) The governing body of any other city or county that may

3-2  be affected by the operation of the facility; and

3-3  (b) Consider fully the effect the facility will have on the health

3-4  and safety of the residents of the city or county.

3-5  5.  The governing body shall, within 30 days after the public

3-6  hearing:

3-7  (a) Grant or deny the conditional use permit; and

3-8  (b) If it grants the conditional use permit, set forth such terms

3-9  and conditions for the operation of the facility as it deems

3-10  necessary for the protection of the health and safety of the

3-11  residents of the city or county.

3-12      6.  Notwithstanding any provision of this section to the

3-13  contrary, the provisions of this section do not apply to the mining

3-14  industry.

3-15      7.  Except as otherwise provided in subsection 8, as used in

3-16  this section, “explosive” means gunpowders, powders used for

3-17  blasting, all forms of high explosives, blasting materials, fuses

3-18  other than electric circuit breakers, detonators and other

3-19  detonating agents, smokeless powders, other explosive or

3-20  incendiary devices and any chemical compound, mechanical

3-21  mixture or device that contains any oxidizing or combustible units,

3-22  or other ingredients, in such proportions, quantities or packing

3-23  that ignition by fire, friction, concussion, percussion or detonation

3-24  of the compound, mixture, device or any part thereof may cause

3-25  an explosion.

3-26      8.  For the purposes of this section, an explosive does not

3-27  include:

3-28      (a) Ammunition for small arms or any component thereof;

3-29      (b) Black powder commercially manufactured in quantities

3-30  that do not exceed 50 pounds, percussion caps, safety and

3-31  pyrotechnic fuses, quills, quick and slow matches, and friction

3-32  primers that are intended to be used solely for sporting, recreation

3-33  or cultural purposes:

3-34          (1) In an antique firearm, as that term is defined in 18

3-35  U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

3-36          (2) In an antique device which is exempted from the

3-37  definition of “destructive device” pursuant to 18 U.S.C.

3-38  § 921(a)(4), as that section existed on January 1, 1999; or

3-39      (c) Any explosive that is manufactured under the regulation of

3-40  a military department of the United States, or that is distributed to,

3-41  or possessed or stored by, the military or naval service or any other

3-42  agency of the United States, or an arsenal, a navy yard, a depot or

3-43  any other establishment owned by or operated on behalf of the

3-44  United States.

 

4-1  Sec. 2.  NRS 278.030 is hereby amended to read as follows:

4-2  278.030  1.  [The] Except as otherwise provided in subsection

4-3  3, the governing body of each city whose population is 25,000 or

4-4  more and of each county whose population is 40,000 or more shall

4-5  create by ordinance a planning commission to consist of seven

4-6  members.

4-7  2.  [Cities] Except as otherwise provided in subsection 3, cities

4-8  whose population is less than 25,000 and counties whose population

4-9  is less than 40,000 may create by ordinance a planning commission

4-10  to consist of seven members. If the governing body of any city

4-11  whose population is less than 25,000 or of any county whose

4-12  population is less than 40,000 deems the creation of a planning

4-13  commission unnecessary or inadvisable, the governing body may, in

4-14  lieu of creating a planning commission as provided in this

4-15  subsection, perform all the functions and have all of the powers

4-16  which would otherwise be granted to and be performed by the

4-17  planning commission.

4-18      3.  The governing body of each county whose population is

4-19  400,000 or more and the governing body of each city in such a

4-20  county:

4-21      (a) Shall not create a planning commission by ordinance or by

4-22  any other means; and

4-23      (b) Shall, in lieu of creating a planning commission as

4-24  provided in subsection 1 or 2, perform all the functions and have

4-25  all the powers which would otherwise be granted to and be

4-26  performed by the planning commission.

4-27      4.  A governing body that is described in subsection 3 shall

4-28  hire such staff as the governing body determines necessary for the

4-29  performance of the functions and the exercise of the powers set

4-30  forth in paragraph (b) of subsection 3.

4-31      Sec. 3.  NRS 278.147 is hereby amended to read as follows:

4-32      278.147  1.  No person may commence operation in [this state]

4-33  a county whose population is less than 400,000 or in any city in

4-34  that county of a facility where an explosive, or a substance listed in

4-35  NRS 459.3816, the regulations adopted pursuant thereto or the

4-36  regulations adopted pursuant to NRS 459.3833, will be used,

4-37  manufactured, processed, transferred or stored without first

4-38  obtaining a conditional use permit therefor from the governing body

4-39  of the city or county in which the facility is to be located. Each

4-40  governing body shall establish by local ordinance, in accordance

4-41  with the provisions of this section, the procedures for obtaining such

4-42  a permit.

4-43      2.  An application for a conditional use permit must be filed

4-44  with the planning commission of the city, county or region in which

4-45  the facility is to be located. The planning commission shall, within

5-1  90 days after the filing of an application, hold a public hearing to

5-2  consider the application. The planning commission shall, at least 30

5-3  days before the date of the hearing, cause notice of the time, date,

5-4  place and purpose of the hearing to be:

5-5  (a) Sent by mail [to] or, if requested by a party to whom notice

5-6  must be provided pursuant to this paragraph, by electronic means if

5-7  receipt of such an electronic notice can be verified, to:

5-8       (1) The applicant;

5-9       (2) Each owner or tenant of real property located within

5-10  1,000 feet of the property in question;

5-11          (3) The owner, as listed on the county assessor’s records, of

5-12  each of the 30 separately owned parcels nearest the property in

5-13  question, to the extent this notice does not duplicate the notice given

5-14  pursuant to subparagraph (2);

5-15          (4) If a mobile home park or multiple-unit residence is

5-16  located within 1,000 feet of the property in question, each tenant of

5-17  that mobile home park or multiple-unit residence;

5-18          (5) Any advisory board that has been established for the

5-19  affected area by the governing body;

5-20          (6) The Administrator of the Division of Environmental

5-21  Protection of the State Department of Conservation and Natural

5-22  Resources;

5-23          (7) The State Fire Marshal; and

5-24          (8) The Administrator of the Division of Industrial Relations

5-25  of the Department of Business and Industry; and

5-26      (b) Published in a newspaper of general circulation within the

5-27  city or county in which the property in question is located.

5-28      3.  The notice required by subsection 2 must:

5-29      (a) Be written in language that is easy to understand; and

5-30      (b) Include a physical description or map of the property in

5-31  question and a description of all explosives, and all substances

5-32  described in subsection 1, that will be located at the facility.

5-33      4.  In considering the application, the planning commission

5-34  shall:

5-35      (a) Consult with:

5-36          (1) Local emergency planning committees;

5-37          (2) The Administrator of the Division of Environmental

5-38  Protection of the State Department of Conservation and Natural

5-39  Resources;

5-40          (3) The State Fire Marshal;

5-41          (4) The Administrator of the Division of Industrial Relations

5-42  of the Department of Business and Industry; and

5-43          (5) The governing body of any other city or county that may

5-44  be affected by the operation of the facility; and

6-1  (b) Consider fully the effect the facility will have on the health

6-2  and safety of the residents of the city, county or region.

6-3  5.  The planning commission shall, within a reasonable time

6-4  after the public hearing, submit to the governing body its

6-5  recommendations for any actions to be taken on the application. If

6-6  the planning commission recommends that a conditional use permit

6-7  be granted to the applicant, [it] the planning commission shall

6-8  include in its recommendations such terms and conditions for the

6-9  operation of the facility as it deems necessary for the protection of

6-10  the health and safety of the residents of the city, county or region.

6-11      6.  The governing body shall, within 30 days after the receipt of

6-12  the recommendations of the planning commission, hold a public

6-13  hearing to consider the application. The governing body shall:

6-14      (a) Cause notice of the hearing to be given in the manner

6-15  prescribed by subsection 2; and

6-16      (b) Grant or deny the conditional use permit within 30 days after

6-17  the public hearing.

6-18      7.  Notwithstanding any provision of this section to the

6-19  contrary, the provisions of this section do not apply to the mining

6-20  industry.

6-21      8.  Except as otherwise provided in subsection 9, as used in this

6-22  section, “explosive” means gunpowders, powders used for blasting,

6-23  all forms of high explosives, blasting materials, fuses other than

6-24  electric circuit breakers, detonators and other detonating agents,

6-25  smokeless powders, other explosive or incendiary devices and any

6-26  chemical compound, mechanical mixture or device that contains any

6-27  oxidizing or combustible units, or other ingredients, in such

6-28  proportions, quantities or packing that ignition by fire, friction,

6-29  concussion, percussion or detonation of the compound, mixture,

6-30  device or any part thereof may cause an explosion.

6-31      9.  For the purposes of this section, an explosive does not

6-32  include:

6-33      (a) Ammunition for small arms[,] or any component thereof;

6-34      (b) Black powder commercially manufactured in quantities that

6-35  do not exceed 50 pounds, percussion caps, safety and pyrotechnic

6-36  fuses, quills, quick and slow matches, and friction primers that are

6-37  intended to be used solely for sporting, recreation or cultural

6-38  purposes:

6-39          (1) In an antique firearm, as that term is defined in 18 U.S.C.

6-40  § 921(a)(16), as that section existed on January 1, 1999; or

6-41          (2) In an antique device which is exempted from the

6-42  definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),

6-43  as that section existed on January 1, 1999; or

6-44      (c) Any explosive that is manufactured under the regulation of a

6-45  military department of the United States, or that is distributed to, or

7-1  possessed or stored by, the military or naval service or any other

7-2  agency of the United States, or an arsenal, a navy yard, a depot or

7-3  any other establishment owned by or operated on behalf of the

7-4  United States.

7-5  Sec. 4.  NRS 278.262 is hereby amended to read as follows:

7-6  278.262  [The]

7-7  1.  In a county whose population is 400,000 or more, the

7-8  governing body of [any] the county or of any city in such a county

7-9  may appoint as many full-time or part-time hearing examiners as are

7-10  necessary or appropriate to assist the [planning commission and the]

7-11  governing body in acting upon proposals for changes in zoning

7-12  classification, zoning districts, special use permits, variances and

7-13  other matters affecting zoning.

7-14      2.  In a county whose population is less than 400,000, the

7-15  governing body of the county or of any city in such a county may

7-16  appoint as many full-time or part-time hearing examiners as are

7-17  necessary or appropriate to assist the planning commission and

7-18  the governing body in acting upon proposals for changes in

7-19  zoning classification, zoning districts, special use permits,

7-20  variances and other matters affecting zoning.

7-21      Sec. 5.  NRS 278.265 is hereby amended to read as follows:

7-22      278.265  1.  Any ordinance enacted pursuant to the provisions

7-23  of NRS 278.264 must provide, in substance, the same notice of

7-24  hearing and conduct of hearing safeguards required by NRS 278.315

7-25  or 278.480, whichever is applicable.

7-26      2.  The governing body shall, by ordinance, set forth the duties

7-27  and powers of the hearing examiner, including a statement of

7-28  whether the hearing examiner may take final action on any matter

7-29  assigned to him by the governing body.

7-30      3.  Except as otherwise provided in subsection 4, the governing

7-31  body may authorize the hearing examiner to take final action on

7-32  matters relating to a variance, vacation, abandonment, special use

7-33  permit, conditional use permit and other special exception or

7-34  application specified in the ordinance.

7-35      4.  The governing body shall not authorize the hearing examiner

7-36  to take final action on:

7-37      (a) Matters relating to a zoning classification, zoning district or

7-38  an amendment to a zoning boundary.

7-39      (b) An application for a conditional use permit that is filed

7-40  pursuant to NRS 278.147[.] or section 1 of this act, as applicable.

7-41      5.  An applicant or protestant may appeal any final action taken

7-42  by the hearing examiner in accordance with the ordinance adopted

7-43  pursuant to NRS 278.3195.

 

 

8-1  Sec. 6.  NRS 278.280 is hereby amended to read as follows:

8-2  278.280  1.  Any ordinance enacted under NRS 278.270 may

8-3  provide that the board:

8-4  (a) Be composed of the members of the governing body; or

8-5  (b) Be composed of not more than seven appointed members.

8-6  2.  Any ordinance providing for the appointment of members

8-7  must prescribe:

8-8  (a) The manner of appointment and compensation of the

8-9  members.

8-10      (b) The terms of the members, which must be arranged so that

8-11  no more than two will expire each year.

8-12      3.  If the members of the board are appointed, no member may

8-13  hold another public office except that :

8-14      (a) In a county whose population is 400,000 or more or a city

8-15  in such a county, one member may also be a member of the

8-16  governing body.

8-17      (b) In a county whose population is less than 400,000 or a city

8-18  in such a county, one member may also be a member of the

8-19  planning commission.

8-20      4.  Members who are appointed may be removed after a public

8-21  hearing for inefficiency, neglect of duty or malfeasance of office.

8-22      5.  Vacancies must be filled for the unexpired term of any

8-23  member appointed whose term becomes vacant.

8-24      Sec. 7.  1.  The terms of the current members of each:

8-25      (a) County planning commission of a county whose population

8-26  is 400,000 or more; and

8-27      (b) City planning commission of a city located in a county

8-28  whose population is 400,000 or more,

8-29  expire on September 30, 2003.

8-30      2.  Each person employed by or assigned to work in support of

8-31  a planning commission described in subsection 1:

8-32      (a) Shall be deemed assigned on October 1, 2003, to perform

8-33  similar duties for the governing body of the county or city, as

8-34  applicable; and

8-35      (b) Must be assigned to perform such similar duties for the

8-36  applicable governing body without loss of position, seniority or

8-37  benefits.

8-38      Sec. 8.  1.  This section and section 7 of this act become

8-39  effective upon passage and approval.

8-40      2.  Sections 1 to 6, inclusive, of this act become effective on

8-41  October 1, 2003.

 

8-42  H