Senate Bill No. 279–Committee on Government Affairs

 

March 13, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Imposes requirements relating to certain actions proposing to limit number of dwelling units that may be constructed within city or county during specified period. (BDR 22‑913)

 

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 that certain findings must be included within or otherwise accompany the adoption or amendment by the governing body of a city or county of a zoning regulation or restriction, or master plan, or part thereof, if the effect of such adoption or amendment is to limit the number of dwelling units that may be constructed within the city or county during a specified period; imposing related requirements with respect to city and county initiatives and referenda; 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.  If the governing body of a city or county adopts or amends,

1-4  in whole or in part, a zoning regulation or restriction, or the

1-5  master plan of the city or county and the effect of the adoption or

1-6  amendment of the zoning regulation or restriction, or the master

1-7  plan, or part thereof, is to limit the number of dwelling units that

1-8  may be constructed during a specified period within the city or

1-9  county, as applicable, the adoption or amendment must contain or

2-1  otherwise be accompanied by findings setting forth the need for

2-2  that limitation.

2-3  2.  The findings required pursuant to subsection 1 must

2-4  include, without limitation:

2-5  (a) An assessment of the number of dwelling units needed for

2-6  housing within the region in which the city or county is located

2-7  and a fairly apportioned estimate of the number of those dwelling

2-8  units that are needed within the applicable city or county;

2-9  (b) A description of the specific activities and programs

2-10  undertaken by the city or county, as applicable, to ensure that

2-11  there is an adequate supply of housing, including, without

2-12  limitation, affordable housing, within the city or county;

2-13      (c) An explanation of the manner in which the health, safety

2-14  and welfare of the residents of the city or county, as applicable,

2-15  will be protected or promoted by limiting the number of dwelling

2-16  units that may be constructed within the city or county; and

2-17      (d) The manner in which a limitation on the number of

2-18  dwelling units that may be constructed within the city or county, as

2-19  applicable, affects the financial and environmental resources that

2-20  are available to the city or county.

2-21      3.  As used in this section, “dwelling unit” means any

2-22  building, structure or portion thereof which is occupied as, or

2-23  designed or intended for occupancy as, a residence by one person

2-24  who maintains a household or by two or more persons who

2-25  maintain a common household.

2-26      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-27      278.010  As used in NRS 278.010 to 278.630, inclusive, and

2-28  section 1 of this act, unless the context otherwise requires, the

2-29  words and terms defined in NRS 278.0105 to 278.0195, inclusive,

2-30  have the meanings ascribed to them in those sections.

2-31      Sec. 3.  NRS 278.220 is hereby amended to read as follows:

2-32      278.220  Except as otherwise provided in subsection 4 of

2-33  NRS 278.150:

2-34      1.  Upon receipt of a certified copy of the master plan, or of any

2-35  part thereof, as adopted by the planning commission, the governing

2-36  body may adopt such parts thereof as may practicably be applied to

2-37  the development of the city, county or region for a reasonable period

2-38  of time next ensuing.

2-39      2.  The parts must thereupon be endorsed and certified as

2-40  master plans thus adopted for the territory covered, and are hereby

2-41  declared to be established to conserve and promote the public

2-42  health, safety and general welfare.

2-43      3.  Before adopting any master plan or any part thereof, or any

2-44  amendment, extension or addition thereof, the governing body

2-45  shall [hold] :

3-1  (a) Hold at least one public hearing thereon, notice of the time

3-2  and place of which must be published at least once in a newspaper

3-3  of general circulation in the city or counties at least 10 days before

3-4  the day of hearing[.] ; and

3-5  (b) If the adoption, amendment, extension or addition thereof

3-6  proposes to limit the number of dwelling units that may be

3-7  constructed during a specified period within the city or county, as

3-8  applicable, ensure that the adoption, amendment, extension or

3-9  addition thereof complies with the provisions of section 1 of this

3-10  act. As used in this paragraph, “dwelling unit” has the meaning

3-11  ascribed to it in section 1 of this act.

3-12      4.  No change in or addition to the master plan or any part

3-13  thereof, or any amendment, extension or addition thereof, as

3-14  adopted by the planning commission, may be made by the

3-15  governing body in adopting the same until the proposed change or

3-16  addition has been referred to the planning commission for a report

3-17  thereon and an attested copy of the report has been filed with the

3-18  governing body. Failure of the planning commission so to report

3-19  within 40 days, or such longer period as may be designated by the

3-20  governing body, after such reference shall be deemed to be approval

3-21  of the proposed change or addition.

3-22      Sec. 4.  NRS 278.260 is hereby amended to read as follows:

3-23      278.260  1.  The governing body shall [provide] :

3-24      (a) Provide for the manner in which zoning regulations and

3-25  restrictions and the boundaries of zoning districts are determined,

3-26  established, enforced and amended[.] ; and

3-27      (b) If a zoning regulation or restriction or amendment thereof

3-28  proposes to limit the number of dwelling units that may be

3-29  constructed during a specified period within the city or county, as

3-30  applicable, ensure that the zoning regulation or restriction or

3-31  amendment thereof complies with the provisions of section 1 of

3-32  this act. As used in this paragraph, “dwelling unit” has the

3-33  meaning ascribed to it in section 1 of this act.

3-34      2.  A zoning regulation, restriction or boundary or an

3-35  amendment thereto must not become effective until after transmittal

3-36  of a copy of the relevant application to the town board, citizens’

3-37  advisory council or town advisory board pursuant to subsection 5, if

3-38  applicable, and after a public hearing at which parties in interest and

3-39  other persons have an opportunity to be heard. The governing body

3-40  shall cause notice of the time and place of the hearing to be:

3-41      (a) Published in an official newspaper, or a newspaper of

3-42  general circulation, in the city, county or region; and

3-43      (b) Mailed to each tenant of a mobile home park if that park is

3-44  located within 300 feet of the property in question,

3-45  at least 10 days before the hearing.

4-1  3.  If a proposed amendment involves a change in the boundary

4-2  of a zoning district in a county whose population is less than

4-3  400,000, the governing body shall, to the extent this notice does not

4-4  duplicate the notice required by subsection 2, cause a notice to be

4-5  sent at least 10 days before the hearing to:

4-6  (a) The applicant;

4-7  (b) Each owner, as listed on the county assessor’s records, of

4-8  real property located within 300 feet of the portion of the boundary

4-9  being changed;

4-10      (c) The owner, as listed on the county assessor’s records, of each

4-11  of the 30 separately owned parcels nearest to the portion of the

4-12  boundary being changed, to the extent this notice does not duplicate

4-13  the notice given pursuant to paragraph (b); and

4-14      (d) Any advisory board which has been established for the

4-15  affected area by the governing body.

4-16  The notice must be sent by mail or, if requested by a party to whom

4-17  notice must be provided pursuant to paragraphs (a) to (d), inclusive,

4-18  by electronic means if receipt of such an electronic notice can be

4-19  verified, and be written in language which is easy to understand.

4-20  The notice must set forth the time, place and purpose of the hearing

4-21  and a physical description of, or a map detailing, the proposed

4-22  change, must indicate the existing zoning designation, and the

4-23  proposed zoning designation, of the property in question, and must

4-24  contain a brief summary of the intent of the proposed change. If the

4-25  proposed amendment involves a change in the boundary of the

4-26  zoning district that would reduce the density or intensity with which

4-27  a parcel of land may be used, the notice must include a section that

4-28  an owner of property may complete and return to the governing

4-29  body to indicate his approval of or opposition to the proposed

4-30  amendment.

4-31      4.  If a proposed amendment involves a change in the boundary

4-32  of a zoning district in a county whose population is 400,000 or

4-33  more, the governing body shall, to the extent this notice does not

4-34  duplicate the notice required by subsection 2, cause a notice to be

4-35  sent at least 10 days before the hearing to:

4-36      (a) The applicant;

4-37      (b) Each owner, as listed on the county assessor’s records, of

4-38  real property located within 500 feet of the portion of the boundary

4-39  being changed;

4-40      (c) The owner, as listed on the county assessor’s records, of each

4-41  of the 30 separately owned parcels nearest to the portion of the

4-42  boundary being changed, to the extent this notice does not duplicate

4-43  the notice given pursuant to paragraph (b); and

4-44      (d) Any advisory board which has been established for the

4-45  affected area by the governing body.

5-1  The notice must be sent by mail or, if requested by a party to whom

5-2  notice must be provided pursuant to paragraphs (a) to (d), inclusive,

5-3  by electronic means if receipt of such an electronic notice can be

5-4  verified, and be written in language which is easy to understand.

5-5  The notice must set forth the time, place and purpose of the hearing

5-6  and a physical description of, or a map detailing, the proposed

5-7  change, must indicate the existing zoning designation, and the

5-8  proposed zoning designation, of the property in question, and must

5-9  contain a brief summary of the intent of the proposed change. If the

5-10  proposed amendment involves a change in the boundary of the

5-11  zoning district that would reduce the density or intensity with which

5-12  a parcel of land may be used, the notice must include a section that

5-13  an owner of property may complete and return to the governing

5-14  body to indicate his approval of or opposition to the proposed

5-15  amendment.

5-16      5.  If an application is filed with the governing body and the

5-17  application involves a change in the boundary of a zoning district

5-18  within an unincorporated town that is located more than 10 miles

5-19  from an incorporated city, the governing body shall, at least 10 days

5-20  before the hearing on the application is held pursuant to subsection

5-21  2, transmit a copy of any information pertinent to the application to

5-22  the town board, citizens’ advisory council or town advisory board,

5-23  whichever is applicable, of the unincorporated town. The town

5-24  board, citizens’ advisory council or town advisory board may make

5-25  recommendations regarding the application and submit its

5-26  recommendations before the hearing on the application is held

5-27  pursuant to subsection 2. The governing body or other authorized

5-28  person or entity conducting the hearing shall consider any

5-29  recommendations submitted by the town board, citizens’ advisory

5-30  council or town advisory board regarding the application and, within

5-31  10 days after making its decision on the application, transmit a copy

5-32  of its decision to the town board, citizens’ advisory council or town

5-33  advisory board.

5-34      6.  If a notice is required to be sent pursuant to subsection 4:

5-35      (a) The exterior of a notice sent by mail; or

5-36      (b) The cover sheet, heading or subject line of a notice sent by

5-37  electronic means,

5-38  must bear a statement in at least 10-point bold type or font in

5-39  substantially the following form:

 

5-40  OFFICIAL NOTICE OF PUBLIC HEARING

 

5-41      7.  In addition to sending the notice required pursuant to

5-42  subsection 4, in a county whose population is 400,000 or more, the

5-43  governing body shall, not later than 10 days before the hearing, erect

6-1  or cause to be erected on the property, at least one sign not less than

6-2  2 feet high and 2 feet wide. The sign must be made of material

6-3  reasonably calculated to withstand the elements for 40 days. The

6-4  governing body must be consistent in its use of colors for

6-5  the background and lettering of the sign. The sign must include the

6-6  following information:

6-7  (a) The existing zoning designation of the property in question;

6-8  (b) The proposed zoning designation of the property in question;

6-9  (c) The date, time and place of the public hearing;

6-10      (d) A telephone number which may be used by interested

6-11  persons to obtain additional information; and

6-12      (e) A statement which indicates whether the proposed zoning

6-13  designation of the property in question complies with the

6-14  requirements of the master plan of the city or county in which the

6-15  property is located.

6-16      8.  A sign required pursuant to subsection 7 is for informational

6-17  purposes only, and must be erected regardless of any local ordinance

6-18  regarding the size, placement or composition of signs to the

6-19  contrary.

6-20      9.  A governing body may charge an additional fee for each

6-21  application to amend an existing zoning regulation, restriction or

6-22  boundary to cover the actual costs resulting from the mailed notice

6-23  required by this section and the erection of not more than one of the

6-24  signs required by subsection 7, if any. The additional fee is not

6-25  subject to the limitation imposed by NRS 354.5989.

6-26      10.  The governing body shall remove or cause to be removed

6-27  any sign required by subsection 7 within 5 days after the final

6-28  hearing for the application for which the sign was erected. There

6-29  must be no additional charge to the applicant for such removal.

6-30      11.  If a proposed amendment involves a change in the

6-31  boundary of a zoning district in a county whose population is

6-32  400,000 or more that would reduce the density or intensity with

6-33  which a parcel of land may be used and at least 20 percent of the

6-34  property owners to whom notices were sent pursuant to subsection 4

6-35  indicate in their responses opposition to the proposed amendment,

6-36  the governing body shall not approve the proposed amendment

6-37  unless the governing body:

6-38      (a) Considers separately the merits of each aspect of the

6-39  proposed amendment to which the owners expressed opposition;

6-40  and

6-41      (b) Makes a written finding that the public interest and necessity

6-42  will be promoted by approval of the proposed amendment.

6-43      12.  The governing body of a county whose population is

6-44  400,000 or more shall not approve a zoning regulation, restriction or

6-45  boundary, or an amendment thereof, that affects any unincorporated

7-1  area of the county that is surrounded completely by the territory of

7-2  an incorporated city without sending a notice to the governing body

7-3  of the city. The governing body of the city, or its designee, must

7-4  submit any recommendations to the governing body of the county

7-5  within 15 days after receiving the notice. The governing body of the

7-6  county shall consider any such recommendations. If the governing

7-7  body of the county does not accept a recommendation, the

7-8  governing body of the county, or its authorized agent, shall specify

7-9  for the record the reasons for its action.

7-10      Sec. 5.  NRS 295.095 is hereby amended to read as follows:

7-11      295.095  1.  Any five registered voters of the county may

7-12  commence initiative or referendum proceedings by filing with the

7-13  county clerk an affidavit [stating] :

7-14      (a) Stating they will constitute the petitioners’ committee and be

7-15  responsible for circulating the petition and filing it in proper form[,

7-16  stating] ;

7-17      (b) Stating their names and addresses [and specifying] ;

7-18      (c) Specifying the address to which all notices to the committee

7-19  are to be sent[, and setting] ; and

7-20      (d) Setting out in full [the] :

7-21          (1) The proposed initiative ordinance or citing the ordinance

7-22  sought to be reconsidered[.] ; and

7-23          (2) If the initiative or referendum proposes to limit the

7-24  number of dwelling units that may be constructed during a

7-25  specified period within the county, the findings described in

7-26  subsection 2 of section 1 of this act. As used in this subparagraph,

7-27  “dwelling unit” has the meaning ascribed to it in section 1 of this

7-28  act.

7-29      2.  Initiative petitions must be signed by a number of registered

7-30  voters of the county equal to 15 percent or more of the number of

7-31  voters who voted at the last preceding general election in the county.

7-32      3.  Referendum petitions must be signed by a number of

7-33  registered voters of the county equal to 10 percent or more of the

7-34  number of voters who voted at the last preceding general election in

7-35  the county.

7-36      4.  A petition must be submitted to the county clerk for

7-37  verification, pursuant to NRS 295.250 to 295.290, inclusive, not

7-38  later than:

7-39      (a) One hundred and eighty days after the date that the affidavit

7-40  required by subsection 1 is filed with the county clerk; or

7-41      (b) One hundred and thirty days before the election,

7-42  whichever is earlier.

7-43      5.  A petition may consist of more than one document, but all

7-44  documents of a petition must be uniform in size and style, numbered

7-45  and assembled as one instrument for submission. Each signature

8-1  must be executed in ink or indelible pencil and followed by the

8-2  address of the person signing and the date on which he signed

8-3  the petition. All signatures on a petition must be obtained within the

8-4  period specified in subsection 4. Each document must contain, or

8-5  have attached thereto throughout its circulation, the full text of the

8-6  ordinance proposed or sought to be reconsidered[.] and, if

8-7  applicable, the findings described in subsection 2 of section 1 of

8-8  this act.

8-9  6.  Each document of a petition must have attached to it when

8-10  submitted an affidavit executed by the circulator thereof stating:

8-11      (a) That he personally circulated the document;

8-12      (b) The number of signatures thereon;

8-13      (c) That all the signatures were affixed in his presence;

8-14      (d) That he believes them to be genuine signatures of the

8-15  persons whose names they purport to be; and

8-16      (e) That each signer had an opportunity before signing to read

8-17  the full text of the ordinance proposed or sought to be reconsidered.

8-18      7.  The county clerk shall issue a receipt to any person who

8-19  submits a petition pursuant to this section. The receipt must set forth

8-20  the number of:

8-21      (a) Documents included in the petition;

8-22      (b) Pages in each document; and

8-23      (c) Signatures that the person declares are included in the

8-24  petition.

8-25      Sec. 6.  NRS 295.205 is hereby amended to read as follows:

8-26      295.205  1.  Any five registered voters of the city may

8-27  commence initiative or referendum proceedings by filing with the

8-28  city clerk an affidavit:

8-29      (a) Stating they will constitute the petitioners’ committee and be

8-30  responsible for circulating the petition and filing it in proper form;

8-31      (b) Stating their names and addresses;

8-32      (c) Specifying the address to which all notices to the committee

8-33  are to be sent; and

8-34      (d) Setting out in full [the] :

8-35          (1) The proposed initiative ordinance or citing the ordinance

8-36  sought to be reconsidered[.] ; and

8-37          (2) If the initiative or referendum proposes to limit the

8-38  number of dwelling units that may be constructed during a

8-39  specified period within the city, the findings described in

8-40  subsection 2 of section 1 of this act. As used in this subparagraph,

8-41  “dwelling unit” has the meaning ascribed to it in section 1 of this

8-42  act.

8-43      2.  Initiative petitions must be signed by a number of registered

8-44  voters of the city equal to 15 percent or more of the number of

8-45  voters who voted at the last preceding city election.

9-1  3.  Referendum petitions must be signed by a number of

9-2  registered voters of the city equal to 10 percent or more of the

9-3  number of voters who voted at the last preceding city election.

9-4  4.  A petition must be submitted to the city clerk for

9-5  verification, pursuant to NRS 295.250 to 295.290, inclusive, not

9-6  later than:

9-7  (a) One hundred and eighty days after the date that the affidavit

9-8  required by subsection 1 is filed with the city clerk; or

9-9  (b) One hundred and thirty days before the election,

9-10  whichever is earlier.

9-11      5.  A petition may consist of more than one document, but all

9-12  documents of a petition must be uniform in size and style, numbered

9-13  and assembled as one instrument for submission. Each signature

9-14  must be executed in ink or indelible pencil and followed by the

9-15  address of the person signing and the date on which he signed

9-16  the petition. All signatures on a petition must be obtained within the

9-17  period specified in subsection 4. Each document must contain, or

9-18  have attached thereto throughout its circulation, the full text of the

9-19  ordinance proposed or sought to be reconsidered[.] and, if

9-20  applicable, the findings described in subsection 2 of section 1 of

9-21  this act.

9-22      6.  Each document of a petition must have attached to it when

9-23  submitted an affidavit executed by the circulator thereof stating:

9-24      (a) That he personally circulated the document;

9-25      (b) The number of signatures thereon;

9-26      (c) That all the signatures were affixed in his presence;

9-27      (d) That he believes them to be genuine signatures of the

9-28  persons whose names they purport to be; and

9-29      (e) That each signer had an opportunity before signing to read

9-30  the full text of the ordinance proposed or sought to be reconsidered.

9-31      7.  The city clerk shall issue a receipt to any person who

9-32  submits a petition pursuant to this section. The receipt must set forth

9-33  the number of:

9-34      (a) Documents included in the petition;

9-35      (b) Pages in each document; and

9-36      (c) Signatures that the person declares are included in the

9-37  petition.

9-38      Sec. 7.  This act becomes effective upon passage and approval.

 

9-39  H