2005 Nevada Revised Statutes - Chapter 384 — Historic Districts

CHAPTER 384 - HISTORIC DISTRICTS

GENERAL PROVISIONS

NRS 384.005 Establishmentof historic district by city or county.

COMSTOCK HISTORIC DISTRICT

NRS 384.010 Shorttitle.

NRS 384.020 Declarationof public policy.

NRS 384.030 Definitions.

NRS 384.040 ComstockHistoric District Commission: Creation; number of members.

NRS 384.050 Appointment,qualifications and compensation of members of Commission; officers.

NRS 384.060 Meetingsof Commission; quorum.

NRS 384.070 Establishmentof office by Commission; inspection of records; maintenance of library.

NRS 384.080 Functionsand powers of Commission; employment of personnel.

NRS 384.090 Appointmentby Commission of committees and subcommittees; regulations.

NRS 384.095 Boardof Museums and History to serve as board of appeals for District.

NRS 384.100 Establishmentof historic district in designated area: Procedure; alteration of boundaries;house trailer, mobile home or recreational vehicle prohibited; exception.

NRS 384.110 Certificateof appropriateness: Form; considerations in deliberations by Commission andstaff.

NRS 384.115 Certificateof appropriateness: Authorization by Commission for staff to issue certificatesunder certain circumstances.

NRS 384.120 Certificateof appropriateness: Public hearing; exceptions; notice.

NRS 384.130 Certificateof appropriateness: Determinations by Commission.

NRS 384.140 Certificateof appropriateness: Factors to be considered by Commission and staff in passingupon appropriateness; refusal.

NRS 384.150 Certificateof appropriateness: Issuance or denial; fee; variations; additional conditions;appeal to Board of Museums and History.

NRS 384.170 Creationand use of Trust Fund; acceptance of gifts, devises and bequests; sale andlease of property; no power of eminent domain.

NRS 384.180 Recommendationsof Commission to State and political subdivisions.

NRS 384.190 Powersof building inspector or similar authority; order to stop work.

NRS 384.200 Penalty;jurisdiction of district court; injunctive relief.

NRS 384.210 Appealto district court from determination of Commission or Board of Museums andHistory.

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GENERAL PROVISIONS

NRS 384.005 Establishmentof historic district by city or county.

1. Any county or city may establish a historicdistrict, the boundaries of which do not include the Comstock HistoricDistrict, for the purpose of promoting the educational, cultural, economic andgeneral welfare of the public through the preservation, maintenance andprotection of structures, sites and areas of historic interest and scenicbeauty.

2. Before establishing any historic district, theboard of county commissioners of a county or the governing body of a city shallhold a public hearing after giving notice of the time and the place of thehearing in a newspaper of general circulation in that county or city. Thenotice must be published once a week for 3 consecutive weeks and include thepurpose of the hearing and the boundaries of the proposed district. At thehearing any person may appear in support of or in opposition to theestablishment of the proposed district.

3. Within 15 days after the hearing, the board orgoverning body shall:

(a) Establish the historic district and fix itsboundaries; or

(b) Determine not to establish the historic district.

4. If the historic district is established, the boardor governing body may adopt any ordinances it determines are in the bestinterest of the historic district in accordance with the purposes expressed insubsection 1. An ordinance establishing a historic district must:

(a) Contain criteria which substantially achieve thepreservation and rehabilitation of buildings of historic significance to thedistrict; and

(b) Provide for a designated review board with thepower to review proposed alterations to structures within the district.

5. This section is not intended to discourage theexploration, development or extraction of mineral resources.

(Added to NRS by 1979, 643; A 1989, 22)

COMSTOCK HISTORIC DISTRICT

NRS 384.010 Shorttitle. NRS384.010 to 384.210, inclusive, maybe cited as the Comstock Historic District Act.

(Added to NRS by 1969, 1635; A 1977, 1212; 1979, 638)

NRS 384.020 Declarationof public policy. It is hereby declared to bethe public policy of the State of Nevada to promote the educational, cultural,economic and general welfare and the safety of the public through thepreservation and protection of structures, sites and areas of historic interestand scenic beauty, through the maintenance of such landmarks in the history ofarchitecture, and the history of the District, State and Nation, and throughthe development of appropriate settings for such structures, sites andDistrict.

(Added to NRS by 1969, 1635)

NRS 384.030 Definitions. As used in NRS 384.010to 384.210, inclusive:

1. Commission means the Comstock Historic DistrictCommission.

2. Exterior architectural features means thearchitectural style, general design and general arrangement of the exterior ofa structure, including the kind and texture of the building material, the typeand style of all windows, doors, light fixtures and signs, color, and otherappurtenant fixtures.

3. Historic district means an area within whichstructures and places of historical interest are under the protection of theCommission.

4. Structure means any building for whatever purposeconstructed or used, house trailer as defined in NRS 484.069, mobile home as defined in NRS 484.0795, stone wall, fence, lightfixture, step, paving, advertising sign, bill poster and any fixtureappurtenant thereto, but does not include structures or signs of a temporary naturesuch as those erected for celebrations or parades.

(Added to NRS by 1969, 1635; A 1973, 672; 1977, 1212;1979, 638; 2005, 892)

NRS 384.040 ComstockHistoric District Commission: Creation; number of members. The Comstock Historic District Commission, consisting ofnine members appointed by the Governor, is hereby created.

(Added to NRS by 1969, 1635; A 1977, 1213; 1979, 639)

NRS 384.050 Appointment,qualifications and compensation of members of Commission; officers.

1. The Governor shall appoint to the Commission:

(a) One member who is a county commissioner of StoreyCounty.

(b) One member who is a county commissioner of LyonCounty.

(c) One member who is the Administrator or an employeeof the Office of Historic Preservation of the Department of Cultural Affairs.

(d) Two members who are persons licensed as generalengineering contractors or general building contractors pursuant to chapter 624 of NRS or persons who hold acertificate of registration to practice architecture pursuant to chapter 623 of NRS.

(e) Four members who are persons interested in theprotection and preservation of structures, sites and areas of historic interestand are residents of the district.

2. The Commission shall elect one of its members asChairman and another as Vice Chairman, who shall serve for a term of 1 year oruntil their successors are elected and qualified.

3. Each member of the Commission is entitled toreceive a salary of not more than $80, as fixed by the Commission, for eachdays attendance at a meeting of the Commission.

4. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

(Added to NRS by 1969, 1636; A 1971, 285; 1973, 667;1977, 1213; 1979, 639; 1981, 1981; 1985, 418; 1989, 1713; 1993, 1594; 2001, 934, 1654)

NRS 384.060 Meetingsof Commission; quorum.

1. Meetings of the Commission shall be held at suchtimes and places as the Chairman or a majority of the commissioners maydesignate, or as shall be established by the regulations adopted by theCommission.

2. Five members of the Commission shall constitute aquorum for all purposes and the affirmative vote of a majority of the memberspresent shall be necessary for the adoption or promulgation of any regulationor order of the Commission.

(Added to NRS by 1969, 1636)

NRS 384.070 Establishmentof office by Commission; inspection of records; maintenance of library.

1. The Commission may establish and maintain an officein Virginia City, Storey County, Nevada, in which, except as otherwise providedin NRS 241.035, there must be at alltimes open to public inspection a complete record of applications forcertificates of appropriateness and their disposition, minutes and audiorecordings or transcripts of the Commissions meetings, and any regulationsadopted by the Commission.

2. The Commission shall maintain a library in theoffice for the purpose of guiding applicants in their design or embellishmentof the exterior of their buildings, new or remodeled. The library must consistof, but not be limited to, documents, paintings, photographs, drawings andhistories descriptive of the period which are deemed appropriate guidelines tothe applicant. A card index system must also be made and maintained forreference to more comprehensive information in libraries other than the one maintainedby the Commission.

(Added to NRS by 1969, 1636; A 1971, 285; 2005, 1411)

NRS 384.080 Functionsand powers of Commission; employment of personnel.

1. The Commission is vested with all of the functionsand powers relating to the administration of NRS384.010 to 384.210, inclusive.

2. It may, to the extent permitted by moneyappropriated or otherwise received therefor, employ such technical and clericalpersonnel, including a building inspector or other similar authority, as may benecessary to the discharge of its duties, and fix their compensation.

(Added to NRS by 1969, 1636; A 1973, 672; 1979, 639; 2001, 1249)

NRS 384.090 Appointmentby Commission of committees and subcommittees; regulations. The Commission may appoint such committees and subcommitteesand adopt such reasonable regulations as are necessary to carry out theprovisions of NRS 384.010 to 384.210, inclusive.

(Added to NRS by 1969, 1636; A 1979, 639)

NRS 384.095 Boardof Museums and History to serve as board of appeals for District. The Board of Museums and History shall serve as a board ofappeals for the Comstock Historic District.

(Added to NRS by 1981, 1948; A 1993, 1595)

NRS 384.100 Establishmentof historic district in designated area: Procedure; alteration of boundaries;house trailer, mobile home or recreational vehicle prohibited; exception.

1. The Commission shall establish an historic districtin such portions of Storey and Lyon counties as it may designate as provided inNRS 384.010 to 384.210, inclusive, embracing an areawithin which historic structures, sites and railroads relating to the Comstocklode and its history are or were located.

2. Before establishing the district, the Commissionshall hold a public hearing after giving notice of the time and place of thehearing in a newspaper of general circulation in each county a portion of whichis located within the proposed district.

3. The notice must be published once a week for 3consecutive weeks and must include the purpose of the hearing and theboundaries of the proposed district.

4. At the hearing any person may appear in support ofor in opposition to the establishment of the district.

5. Within 15 days after the hearing the Commissionshall:

(a) Establish an historic district and fix itsboundaries; or

(b) Determine not to establish an historic district.

6. If an historic district is established, noticethereof must be given by one publication in a newspaper of general circulationin each county a portion of which is located within the district.

7. The Commission may alter or change the boundariesof the district by following the same procedure as provided in this section forthe establishment of a district.

8. After an historic district is established, no housetrailer, mobile home, or recreational vehicle may be placed or established inany area within the district, unless the Commission and the board of countycommissioners in the appropriate county, by agreement, permit the establishmentof a trailer overlay or the location of a mobile home park within the district,upon a finding that such action is needed and that it would not conflict withthe historic aspect and character of the affected area.

(Added to NRS by 1969, 1636; A 1971, 285; 1973, 672;1979, 640; 1981, 1949)

NRS 384.110 Certificateof appropriateness: Form; considerations in deliberations by Commission andstaff.

1. No structure may be erected, reconstructed,altered, restored, moved or demolished within the historic district until afteran application for a certificate of appropriateness as to exteriorarchitectural features has been submitted to and approved by the Commission, orby its staff pursuant to NRS 384.115.The application for a certificate of appropriateness must be in such form andaccompanied by such plans, specifications and other material as the Commissionmay from time to time prescribe.

2. In its deliberations under the provisions of NRS 384.010 to 384.210, inclusive, the Commission and itsstaff shall not consider interior arrangement or use and shall take no actionunder NRS 384.010 to 384.210, inclusive, except for the purposeof preventing the erection, reconstruction, restoration, alteration, moving orrazing of buildings in the district obviously incongruous with the historicaspects of the district.

3. The provisions of NRS384.010 to 384.210, inclusive, donot prevent:

(a) The ordinary maintenance or repair of any exteriorarchitectural feature in the historic district which does not involve a changeof design or material or the outward appearance thereof;

(b) The construction, reconstruction, alteration ordemolition of any such feature which the building inspector or similarauthority certifies is required by the public safety because of an unsafe ordangerous condition; or

(c) The construction, reconstruction, alteration ordemolition of any such feature under a permit issued by a building inspector orsimilar authority prior to the effective date of the establishment of suchdistrict.

(Added to NRS by 1969, 1637; A 1973, 673; 1979, 640; 2001, 1249; 2005, 893)

NRS 384.115 Certificateof appropriateness: Authorization by Commission for staff to issue certificatesunder certain circumstances.

1. The Commission may authorize its staff to issuecertificates of appropriateness on behalf of the Commission for specificcategories and types of applications if those applications comply substantiallywith the requirements and public policy set forth in NRS 384.010 to 384.210, inclusive.

2. If an application for a certificate ofappropriateness submitted to the Commission:

(a) Does not fall within a category or type for whichthe Commission has authorized its staff to issue certificates ofappropriateness pursuant to subsection 1; or

(b) Is determined by the staff of the Commission as notbeing in substantial compliance with the requirements and public policy setforth in NRS 384.010 to 384.210, inclusive,

the staffshall forward the application to the Commission for a hearing and determinationby the Commission pursuant to NRS 384.120and 384.130.

3. If the staff forwards an application to theCommission pursuant to subsection 2 because the application does not complysubstantially with the requirements and public policy set forth in NRS 384.010 to 384.210, inclusive, the staff shall includea statement of the reasons for its determination.

(Added to NRS by 2005, 892)

NRS 384.120 Certificateof appropriateness: Public hearing; exceptions; notice.

1. The Commission shall hold a public hearing uponeach application for a certificate of appropriateness within 30 days after theapplication has been filed with the Commission, excluding Saturdays, Sundaysand legal holidays, unless:

(a) The application is approved by the staff of theCommission pursuant to NRS 384.115; and

(b) The holding of a hearing is waived in writing bythe applicant or his designated representative.

2. The Commission shall cause notice of a hearing tobe held on an application pursuant to subsection 1 to be given in accordancewith NRS 241.020 to:

(a) The applicant;

(b) The owners of all properties deemed by theCommission to be materially affected by the application as they appear on themost recent tax list; and

(c) Any person who has filed a written request fornotice of hearings during the preceding calendar year.

3. The Commission may, if it determines the matter tobe of sufficient public interest, give an additional notice of the time andplace of the hearing by publication in the form of a legal advertisement in anewspaper having a substantial circulation in the district at least 7 daysbefore such hearing.

(Added to NRS by 1969, 1637; A 2005, 893)

NRS 384.130 Certificateof appropriateness: Determinations by Commission. Assoon as practicable after a public hearing held pursuant to NRS 384.120, but not more than 60 days,Saturdays, Sundays and legal holidays excluded, after the filing of theapplication for the certificate of appropriateness, or within such further timeas the applicant may in writing allow, the Commission shall determine:

1. That the proposed erection, construction,reconstruction, restoration, alteration, moving or razing of the exteriorarchitectural feature involved will be appropriate to the preservation of thehistoric district for the purposes of NRS384.010 to 384.210, inclusive;

2. That, even though the proposed project may beinappropriate, failure to issue a certificate would involve a substantialhardship to the applicant because of conditions especially affecting thestructure involved, but not affecting the historic district generally, and thata certificate could be issued without substantial detriment to the publicwelfare or the purposes of NRS 384.010to 384.210, inclusive; or

3. That the proposed project is inappropriate.

(Added to NRS by 1969, 1638; A 1979, 641; 2005, 894)

NRS 384.140 Certificateof appropriateness: Factors to be considered by Commission and staff in passingupon appropriateness; refusal.

1. In passing upon the appropriateness of anapplication pursuant to NRS 384.115 or 384.130, the Commission, and its staffshall consider, in addition to any other pertinent factors:

(a) Historic and architectural value and significance;

(b) Architectural style;

(c) Location on the lot;

(d) Position of the structure in relation to the streetor public way and whether it is subject to public view from a public place;

(e) General design, arrangement, texture, material,color and size of the exterior architectural features involved and therelationship thereof to the exterior architectural features of other structuresin the immediate neighborhood; and

(f) The relationship of the exterior architectural featuresto well recognized styles of early western architecture of the late 19th andearly 20th centuries.

2. A certificate of appropriateness may be refused forany structure, the erection, reconstruction, restoration, alteration, moving orrazing of which, in the opinion of the Commission, would be detrimental to theinterest of the historic district or incongruous with the historic aspects ofthe surroundings and the historic environment of the district.

(Added to NRS by 1969, 1638; A 2005, 894)

NRS 384.150 Certificateof appropriateness: Issuance or denial; fee; variations; additional conditions;appeal to Board of Museums and History.

1. If, after a hearing held pursuant to NRS 384.120, the Commission determines thatthe proposed construction, reconstruction, restoration, alteration, moving orrazing of the exterior architectural feature involved will be appropriate, or,although inappropriate, that failure to issue a certificate would result inhardship as provided in subsection 2 of NRS384.130, or if the Commission fails to make a determination within the timeprescribed in NRS 384.130, theCommission shall immediately issue to the applicant a certificate ofappropriateness.

2. The Commission may charge and collect a reasonablefee for the issuance of a certificate of appropriateness by the Commissionpursuant to this section or by its staff pursuant to NRS 384.115. If a fee is charged, 50percent of the proceeds must be deposited in the State General Fund for creditto the appropriate account for the Comstock Historic District and 50 percentmust be deposited in a nonreverting Account for the Restoration of the FourthWard School in Virginia City, which is hereby created. Money in the Account forthe Restoration of the Fourth Ward School may be expended only upon approval bythe Commission.

3. In exercising the power to vary or modify strictadherence to the provisions of NRS 384.010to 384.210, inclusive, or to interpretthe meaning of NRS 384.010 to 384.210, inclusive, so as to relievehardship under the provisions of subsection 2 of NRS 384.130, the Commission shall requireany variance, modification or interpretation to be in harmony with the generalpurpose and intent of NRS 384.010 to 384.210, inclusive, so that the generalhistorical character of the District is conserved and substantial justice done.In allowing variations, the Commission may impose such reasonable andadditional conditions as will, in its judgment, better fulfill the purposes of NRS 384.010 to 384.210, inclusive.

4. If the Commission determines that a certificate ofappropriateness should not issue, it shall immediately set forth in its recordsthe reasons for the determination, and may include recommendations respectingthe proposed erection, construction, restoration, alteration, moving or razing,and shall immediately notify the applicant of the determination by transmittingto him an attested copy of the reasons and recommendations, if any, as setforth in the records of the Commission.

5. The applicant may appeal a refusal of theCommission to issue a certificate of appropriateness to the Board of Museumsand History within 30 days after its determination and the Board, after ahearing on the matter, may:

(a) Approve the application with or without conditionsby a unanimous vote; or

(b) Deny the application.

If the Boardapproves the application, the Commission shall immediately issue a certificateof appropriateness to the applicant.

(Added to NRS by 1969, 1639; A 1979, 641; 1981, 1949;1993, 1595; 2005, 894)

NRS 384.170 Creationand use of Trust Fund; acceptance of gifts, devises and bequests; sale andlease of property; no power of eminent domain.

1. The Commission may accept gifts, donations, devisesor bequests of real or personal property for the purpose of enabling it tocarry out a program of historic preservation and restoration within theDistrict, and it may expend the same for that purpose. The Commission may sell,or lease for periods not to exceed 20 years, real or personal property for usewithin the District which it may acquire.

2. The Commission shall deposit gifts or donations ofmoney and any money acquired from selling or leasing the items described insubsection 1 in the Trust Fund for the Comstock Historic District which ishereby created in the State Treasury. The Fund must be administered by theCommission. Any interest earned on the money in the Fund must be credited tothe Fund. The money deposited in the Fund and all interest paid thereon may beexpended only for the maintenance of the Commission or to carry out the programof historic preservation and restoration within the District.

3. The Commission has no power of eminent domain.

(Added to NRS by 1969, 1639; A 1995, 52)

NRS 384.180 Recommendationsof Commission to State and political subdivisions. TheCommission may recommend:

1. To the State and to political subdivisions withinthe District appropriate measures to effectuate, supplement, foster and promotethe purposes of NRS 384.010 to 384.210, inclusive.

2. To any political subdivision within the Districtappropriate zoning and traffic regulations, including but not limited todesignating mobile home and trailer sites, parking, modes of publictransportation, ingress and egress to public streets and alleys, and closing ofsuch streets or alleys or restriction of vehicular traffic thereon in order toeffectuate the purposes of NRS 384.010to 384.210, inclusive, such as restorationof historic modes of travel and safety of pedestrians.

(Added to NRS by 1969, 1639; A 1979, 642)

NRS 384.190 Powersof building inspector or similar authority; order to stop work.

1. The building inspector or similar authorityemployed by the Commission may investigate, inspect and examine any structure,place or area in the District, either in connection with an application for acertificate of appropriateness, or at any time to determine whether it is inviolation of any provision of NRS 384.010to 384.210, inclusive, or any regulationor order adopted or issued under authority of NRS384.010 to 384.210, inclusive.

2. Whenever any work is being done contrary to theprovisions of NRS 384.010 to 384.210, inclusive, the building inspectoror similar authority may order the work stopped by notice in writing served onany person engaged in the doing or causing such work to be done, and any suchperson shall forthwith stop such work until authorized by the Commission toproceed with the work.

(Added to NRS by 1969, 1640; A 1973, 673; 1979, 642; 2001, 1250)

NRS 384.200 Penalty;jurisdiction of district court; injunctive relief.

1. Any person who violates any of the provisions of NRS 384.010 to 384.210, inclusive, or any regulation ororder adopted or issued pursuant to the provisions of NRS 384.010 to 384.210, inclusive, shall be punished by afine of not more than $500 for each offense. Each day of the violationconstitutes a separate offense.

2. The district court of the county in which anyproperty subject to the provisions of NRS384.010 to 384.210, inclusive, islocated has jurisdiction to enforce the provisions of NRS 384.010 to 384.210, inclusive, and any regulations ororders adopted or issued pursuant to the provisions of NRS 384.010 to 384.210, inclusive, and may restrain byinjunction violations thereof.

(Added to NRS by 1969, 1640; A 1979, 642)

NRS 384.210 Appealto district court from determination of Commission or Board of Museums andHistory.

1. Any person aggrieved by a determination of theCommission, or of the Board of Museums and History made pursuant to subsection5 of NRS 384.150, may, within 30 daysafter the making of the determination, appeal to the district court of thecounty where the property in question is located.

2. The court may reverse the determination of theCommission if it finds that the reasons given for the determination areunsupported by the evidence or contrary to law. The proceeding in the districtcourt is limited to the record made before the Commission.

(Added to NRS by 1969, 1640; A 1981, 1950; 1993,1596; 2005, 895)

 

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