2005 Nevada Revised Statutes - Chapter 497 — Zoning

CHAPTER 497 - ZONING

GENERAL PROVISIONS

NRS 497.010 Shorttitle.

NRS 497.020 Definitions.

NRS 497.030 Declarationof policy.

POWERS OF POLITICAL SUBDIVISIONS AND AIRPORT AUTHORITIES

NRS 497.040 Authorityto adopt, administer and enforce airport zoning regulations.

NRS 497.050 Creationof joint airport zoning boards by political subdivisions other than airportauthorities.

NRS 497.055 Creationof joint airport zoning boards by airport authority and other politicalsubdivisions.

ADOPTION OF REGULATIONS; AIRPORT ZONING COMMISSION; PERMITS;VARIANCES

NRS 497.060 Incorporationof airport zoning regulations into comprehensive zoning ordinance regulatingheight of buildings.

NRS 497.070 Morestringent limitations govern when regulations conflict.

NRS 497.080 Adoptionof airport zoning regulations: Necessity of public hearing; notice;publication.

NRS 497.085 Airportzoning regulations: Notice of proposed changes to tenants of nearby mobile homeparks.

NRS 497.090 Airportzoning commission: Appointment; recommendation of boundaries of zones to beestablished; report; public hearings.

NRS 497.100 Airportzoning regulations: Requisites; reasonableness.

NRS 497.110 Airportzoning regulations: Limitations on adoption.

NRS 497.120 Airportzoning regulations: Provision for replacement or alteration of nonconformingstructure or tree; permits.

NRS 497.130 Airportzoning regulations: Variances.

NRS 497.140 Installationand maintenance of markers or lights on structures or trees; penalty.

APPEALS; ENFORCEMENT OF REGULATIONS

NRS 497.150 Appeals:Persons entitled to appeal.

NRS 497.160 Appeals:Notice; time; filing; record.

NRS 497.170 Appeals:Stay of proceedings; notice of hearing; action on appeal.

NRS 497.180 Administrationand enforcement of regulations by administrative agency; duties.

BOARD OF ADJUSTMENT

NRS 497.190 Powersof board of adjustment.

NRS 497.200 Membersof board of adjustment: Number; terms; removal.

NRS 497.210 Majorityvote of board of adjustment sufficient.

NRS 497.220 Rules,meetings, minutes and records of board of adjustment.

NRS 497.230 Rightof aggrieved person or taxpayer to petition court for review of administrativedecision.

NRS 497.240 Jurisdictionof court on review; costs.

MISCELLANEOUS PROVISIONS

NRS 497.250 Effectof regulation held unconstitutional with respect to particular structure orland.

NRS 497.260 Penalty;injunction.

NRS 497.270 Eminentdomain.

_________

GENERAL PROVISIONS

NRS 497.010 Shorttitle. This chapter shall be known and may becited as the Airport Zoning Act.

[28:205:1947]

NRS 497.020 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Airport means any area of land or water designedand set aside for the landing and taking off of aircraft and utilized in theinterest of the public for such purposes.

2. Airport hazard means any structure or tree or useof land which obstructs the airspace required for the flight of aircraft in landingor taking off at any airport, or is otherwise hazardous to the landing ortaking off of aircraft.

3. Airport hazard area means any area of land orwater upon which an airport hazard might be established if not prevented asprovided in this chapter.

4. Person includes a government, a governmentalagency and a political subdivision of a government.

5. Political subdivision means any county,incorporated city, unincorporated town or airport authority created by speciallegislative act as a quasi-municipal corporation.

6. Public utility means a person who operates anyairline, broadcasting, electric, gas, pipeline, radio, railroad, ruralelectric, sanitary sewer, slurry, telephone, telegraph or water business inthis State and who conducts such a business for a public use.

7. Structure means any object constructed orinstalled by man, including, but without limitation, buildings, towers,smokestacks and overhead wires and other lines.

8. Tree means any object of natural growth.

[1:205:1947; 1943 NCL 5064.01](NRS A 1977, 278;1979, 1651; 1985, 521, 2053)

NRS 497.030 Declarationof policy.

1. It is hereby found that an airport hazard endangersthe lives and property of users of the airport and of occupants of land in itsvicinity, and also, if of the obstruction type, in effect reduces the size ofthe area available for the landing, takeoff and maneuvering of aircraft, thustending to destroy or impair the utility of the airport and the publicinvestment therein. Accordingly, it is hereby declared:

(a) That the creation or establishment of an airporthazard is a public nuisance and an injury to the community served by theairport in question.

(b) That it is therefore necessary in the interest ofthe public health, public safety and general welfare that the creation orestablishment of airport hazards be prevented.

(c) That this should be accomplished, to the extentlegally possible, by exercise of the police power, without compensation.

2. It is further declared that both the prevention ofthe creation or establishment of airport hazards and the elimination, removal,alteration, mitigation or marking and lighting of existing airport hazards arepublic purposes for which political subdivisions may raise and extend publicfunds and acquire land or property interests therein.

[2:205:1947; 1943 NCL 5064.02]

POWERS OF POLITICAL SUBDIVISIONS AND AIRPORT AUTHORITIES

NRS 497.040 Authorityto adopt, administer and enforce airport zoning regulations. In order to prevent the creation or establishment ofairport hazards, every political subdivision having an airport hazard areawithin its territorial limits may adopt, administer and enforce, under thepolice power and in the manner and upon the conditions prescribed in thischapter, airport zoning regulations for such airport hazard area, whichregulations may divide such area into zones, and, within such zones, prohibit thoseland uses which could cause a hazard to air traffic and regulate and restrictthe height to which structures and trees may be erected or allowed to grow.

[3:205:1947; 1943 NCL 5064.03](NRS A 1979, 1652)

NRS 497.050 Creationof joint airport zoning boards by political subdivisions other than airportauthorities.

1. Where an airport is owned or controlled by apolitical subdivision other than an airport authority created by speciallegislative act as a quasi-municipal corporation, and any airport hazard areaappertaining to such airport is located outside the territorial limits of thepolitical subdivision, within or without the State, the political subdivisionowning or controlling the airport and the political subdivision within whichthe airport hazard area is located may, by ordinance or resolution dulyadopted, create a joint airport zoning board, which board shall have the samepower to adopt, administer and enforce airport zoning regulations applicable tothe airport hazard area in question as that vested by NRS 497.040 in the political subdivisionwithin which such area is located.

2. Each such joint board shall have as members two representativesappointed by each political subdivision participating in its creation, and inaddition a chairman elected by a majority of the members so appointed.

[4:205:1947; 1943 NCL 5064.04](NRS A 1979, 1652)

NRS 497.055 Creationof joint airport zoning boards by airport authority and other politicalsubdivisions.

1. Where an airport is owned or controlled by anairport authority created by special legislative act as a quasi-municipalcorporation and any airport hazard area appertaining to that airport is locatedwithin the limits of the county or any incorporated city or unincorporated townwithin the geographical boundaries of the airport authority, the airportauthority and the county, incorporated city or unincorporated town within whichthe airport hazard area is located may, by adopting substantially identicalordinances or resolutions, create a joint airport zoning board, which has thesame power to adopt, administer and enforce airport zoning regulationsapplicable to the airport hazard area in question as that vested by NRS 497.040 in the political subdivisionwithin which that area is located.

2. Each such joint board:

(a) Must have as members two representatives appointedby each political subdivision participating in its creation, and in addition achairman elected by a majority of the members so appointed.

(b) May consider noise problems related to the airportas they affect lands outside the boundaries of the airport and makerecommendations to the airport authority.

(Added to NRS by 1979, 1653)

ADOPTION OF REGULATIONS; AIRPORT ZONING COMMISSION;PERMITS; VARIANCES

NRS 497.060 Incorporationof airport zoning regulations into comprehensive zoning ordinance regulating heightof buildings. In the event that a politicalsubdivision has adopted, or hereafter adopts, a comprehensive zoning ordinanceregulating, among other things, the height of buildings, any airport zoningregulations applicable to the same area or portion thereof, may be incorporatedin and made a part of such comprehensive zoning regulations, and beadministered and enforced in connection therewith.

[5:205:1947; 1943 NCL 5064.05]

NRS 497.070 Morestringent limitations govern when regulations conflict. In the event of conflict between any airport zoningregulations adopted under this chapter and any other regulations applicable tothe same area, whether the conflict be with respect to the height of structuresor trees, the use of land, or any other matter, the more stringent limitationor requirement shall govern and prevail.

[6:205:1947; 1943 NCL 5064.06]

NRS 497.080 Adoptionof airport zoning regulations: Necessity of public hearing; notice;publication.

1. An airport zoning regulation must not be adopted,amended or repealed under this chapter except:

(a) In the case of an airport owned or controlled by anairport authority created by special legislative act as a quasi-municipalcorporation, by the action of the joint airport zoning board within whosejurisdiction that airport lies; or

(b) In the case of an airport owned or controlled byany other political subdivision, by the action of the joint airport zoningboard within whose jurisdiction that airport lies or, if there is no jointboard, the governing body of a political subdivision,

after apublic hearing in relation thereto, at which public utilities owning facilitiesin the area involved, other parties in interest and citizens have anopportunity to be heard.

2. At least 15 days notice of the hearing shall begiven to all public utilities owning facilities in the area involved, and atleast 15 days notice of the hearing shall be published in an official paper,or a paper of general circulation, in the political subdivision or subdivisionsin which is located the airport hazard to be zoned.

[7:205:1947; 1943 NCL 5064.07](NRS A 1961, 127;1977, 278; 1979, 1652)

NRS 497.085 Airportzoning regulations: Notice of proposed changes to tenants of nearby mobile homeparks. Airport zoning regulations adopted pursuantto this chapter must provide that if a mobile home park is located within 300feet of property for which a zoning change is proposed, notice of the proposedchange must be mailed to each tenant of the park. The notice must be mailed 10days before any hearing on the proposed change or, if no hearing is required,30 days before the change is to become effective.

(Added to NRS by 1989, 962)

NRS 497.090 Airportzoning commission: Appointment; recommendation of boundaries of zones to beestablished; report; public hearings.

1. Prior to the initial zoning of any airport hazardarea under this chapter, the political subdivision or joint airport zoningboard may:

(a) Adopt the regulations.

(b) Appoint a commission to be known as the airportzoning commission.

(c) Recommend the boundaries of the various zones to beestablished and the regulations to be adopted therefor.

2. The commission shall make a preliminary report andhold public hearings thereon before submitting its final report, and thelegislative body of the political subdivision or the joint airport zoning boardshall not hold its public hearings or take other action until it has receivedthe final report of the commission.

3. Where a city planning commission or comprehensivezoning commission already exists, it may be appointed as the airport zoningcommission.

4. At least 15 days notice of each public hearing bythe commission shall be given to all public utilities owning facilities in thearea involved.

[8:205:1947; 1943 NCL 5064.08]

NRS 497.100 Airportzoning regulations: Requisites; reasonableness.

1. All airport zoning regulations adopted under thischapter shall be reasonable, and none shall impose any requirement orrestriction which is not reasonably necessary to effectuate the purposes ofthis chapter.

2. In determining what regulations it may adopt, eachpolitical subdivision and joint airport zoning board shall consider, amongother things:

(a) The character of the flying operations expected tobe conducted at the airport.

(b) The nature of the terrain within the airport hazardarea.

(c) The character of the neighborhood.

(d) The uses to which the property to be zoned is putand adaptable.

[9:205:1947; 1943 NCL 5064.09]

NRS 497.110 Airportzoning regulations: Limitations on adoption. Noairport zoning regulations adopted under this chapter shall require theremoval, lowering or other change or alteration of any structure or tree notconforming to the regulations when adopted or amended, or otherwise interferewith the continuance of any nonconforming use, except as provided in NRS 497.140.

[10:205:1947; 1943 NCL 5064.10]

NRS 497.120 Airportzoning regulations: Provision for replacement or alteration of nonconformingstructure or tree; permits.

1. Any airport zoning regulations adopted under thischapter may require that a permit be obtained before any new structure or usemay be constructed or established and before any existing use or structure maybe substantially changed or substantially altered, but no such permit shall berequired to make maintenance repairs to any existing structure, or to replaceparts of any existing structure, which repairs or replacements do notsubstantially enlarge or increase the height of an existing structure.

2. In any event, however, all such regulations shallprovide that before any nonconforming structure or tree may be replaced,substantially altered, rebuilt, allowed to grow higher, or replanted, a permitmust be secured from the administrative agency authorized to administer andenforce the regulations, authorizing such replacement or change.

3. No permit shall be granted that would allow theestablishment or creation of an airport hazard or permit a nonconformingstructure or tree or nonconforming use to be made or become higher or become agreater hazard to air navigation than it was when the applicable regulation wasadopted or than it is when the application for a permit is made.

4. Except as provided herein, all applications forpermits shall be granted.

[11:205:1947; 1943 NCL 5064.11]

NRS 497.130 Airportzoning regulations: Variances.

1. Any person desiring to erect any structure, orincrease the height of any structure, or permit the growth of any tree, orotherwise use his property in violation of airport zoning regulations adoptedunder this chapter, may apply to the board of adjustment for a variance fromthe zoning regulations in question.

2. Such variances shall be allowed where a literalapplication or enforcement of the regulations would result in practicaldifficulty or unnecessary hardship, and the relief granted would not becontrary to the public interest but do substantial justice and be in accordancewith the spirit of the regulations and this chapter. Any variance may be allowedsubject to any reasonable conditions that the board of adjustment may deemnecessary to effectuate the purposes of this chapter.

[12:205:1947; 1943 NCL 5064.12]

NRS 497.140 Installationand maintenance of markers or lights on structures or trees; penalty.

1. In granting any permit or variance under NRS 497.120 and 497.130, the administrative agency or boardof adjustment may, if it deems such an action advisable to carry out thepurposes of this chapter and reasonable in the circumstances, so condition thepermit or variance as to require the owner of the structure or tree in questionto permit the political subdivision to install, operate and maintain thereon atthe owners expense such markers and lights as may be necessary to indicate toaviators the presence of a hazard to flight.

2. The political subdivision may, with the permissionof the owner and at its own expense, install and operate, upon nonconformingstructures existing at the time the particular zoning regulation is adopted oramended, such markers or lights as may be necessary. After initialinstallation, the political subdivision, upon written notice to the owner, mayrequire him to maintain those markers or lights in conformance with thestandards of the Federal Aviation Administration.

3. Any person who fails to install, operate ormaintain a marker or light or pay the expenses required in this section isguilty of a misdemeanor.

[13:205:1947; 1943 NCL 5064.13](NRS A 1981, 532)

APPEALS; ENFORCEMENT OF REGULATIONS

NRS 497.150 Appeals:Persons entitled to appeal. Any personaggrieved by any decision of an administrative agency made in itsadministration of airport zoning regulations adopted under this chapter, or anygoverning body of a political subdivision, or any joint airport zoning board,which is of the opinion that a decision of such an administrative agency is animproper application of airport zoning regulations of concern to such governingbody or board, may appeal to the board of adjustment authorized to hear anddecide appeals from the decisions of such administrative agency.

[14:205:1947; 1943 NCL 5064.14]

NRS 497.160 Appeals:Notice; time; filing; record. All appealstaken under NRS 497.150 must be takenwithin a reasonable time, as provided by the rules of the board, by filing withthe agency from which the appeal is taken, and with the board, a notice ofappeal specifying the grounds thereof. The agency from which the appeal istaken shall forthwith transmit to the board all the papers constituting therecord upon which the action appealed from was taken.

[15:205:1947; 1943 NCL 5064.15]

NRS 497.170 Appeals:Stay of proceedings; notice of hearing; action on appeal.

1. An appeal shall stay all proceedings in furtheranceof the action appealed from, unless the agency from which the appeal is takencertifies to the board, after the notice of appeal has been filed with it, thatby reason of the facts stated in the certificate a stay would, in its opinion,cause imminent peril to life or property. In such cases proceedings shall notbe stayed otherwise than by order of the board on notice to the agency fromwhich the appeal is taken and on due cause shown.

2. The board shall fix a reasonable time for thehearing of appeals, give public notice and due notice to the parties ininterest, and decide the same within a reasonable time. Upon the hearing anyparty may appear in person or by agent or by attorney.

3. The board may, in conformity with the provisions ofthis chapter, reverse, affirm, wholly or partly, or modify the order,requirement, decision or determination appealed from, and may make such order,requirement, decision or determination as ought to be made, and to that endshall have all the powers of the administrative agency from which the appeal istaken.

[16:205:1947; 1943 NCL 5064.16]

NRS 497.180 Administrationand enforcement of regulations by administrative agency; duties.

1. All airport zoning regulations adopted under thischapter shall provide for the administration and enforcement of suchregulations by an administrative agency, which may be an agency created by suchregulations or any official, board or other existing agency of the politicalsubdivision adopting the regulations, or of one of the political subdivisionswhich participated in the creation of the joint airport zoning board adoptingthe regulations, if satisfactory to that political subdivision. In no caseshall such administrative agency be or include any member of the board of adjustment.

2. The duties of any administrative agency designatedpursuant to this chapter shall include that of hearing and deciding all permitsunder NRS 497.120, but such agency shallnot have or exercise any of the powers herein delegated to the board ofadjustment.

[17:205:1947; 1943 NCL 5064.17]

BOARD OF ADJUSTMENT

NRS 497.190 Powersof board of adjustment. All airport zoningregulations adopted under this chapter shall provide for a board of adjustmentto have and exercise the following powers:

1. To hear and decide appeals from any order,requirement, decision or determination made by the administrative agency in theenforcement of the airport zoning regulations, as provided in NRS 497.150.

2. To hear and decide any special exceptions to theterms of the airport zoning regulations upon which such board may be requiredto pass under such regulations.

3. To hear and decide specific variances under NRS 497.130.

[18:205:1947; 1943 NCL 5064.18](NRS A 1975, 9)

NRS 497.200 Membersof board of adjustment: Number; terms; removal. Wherea zoning board of appeals or adjustment already exists, it may be appointed asthe board of adjustment. Otherwise, the board of adjustment shall consist offive members, each to be appointed for a term of 3 years by the authorityadopting the regulations, and to be removable by the appointing authority forcause, upon written charges and after public hearing.

[19:205:1947; 1943 NCL 5064.19]

NRS 497.210 Majorityvote of board of adjustment sufficient. The concurringvote of a majority of the members of the board of adjustment shall be sufficientto reverse any order, requirement, decision or determination of theadministrative agency, or to decide in favor of the applicant on any matterupon which it is required to pass under the airport zoning regulations, or toeffect any variation in such regulations.

[20:205:1947; 1943 NCL 5064.20]

NRS 497.220 Rules,meetings, minutes and records of board of adjustment.

1. The board of adjustment shall adopt rules inaccordance with the provisions of the ordinance or resolution by which it wascreated.

2. Meetings of the board must be held at the call ofthe chairman and at such other times as the board may determine.

3. The chairman, or in his absence the actingchairman, may administer oaths and compel the attendance of witnesses.

4. All hearings of the board must be public.

5. The board shall:

(a) Keep minutes of its proceedings, showing the voteof each member upon each question, or, if absent or failing to vote, indicatingsuch fact, and audio recordings or transcripts of its proceedings.

(b) Keep records of its examinations and other officialactions, all of which must immediately be filed in the office of the board andare public records.

[21:205:1947; 1943 NCL 5064.21](NRS A 2005, 1414)

NRS 497.230 Rightof aggrieved person or taxpayer to petition court for review of administrativedecision.

1. Any person aggrieved or taxpayer affected by anydecision of a board of adjustment, or any governing body of a politicalsubdivision, or any joint airport zoning board which is of the opinion that adecision of a board of adjustment is illegal, may present to the district courta verified petition setting forth that the decision is illegal, in whole or inpart, and specifying the grounds of the illegality. Such petition shall bepresented to the court within 30 days after the decision is filed in the officeof the board.

2. Upon presentation of the petition the court mayallow a writ of certiorari directed to the board of adjustment to review thedecision of the board. The allowance of the writ shall not stay proceedingsupon the decision appealed from, but the court may, on application, on noticeto the board and on due cause shown, grant a restraining order.

3. The board of adjustment shall not be required toreturn the original papers acted upon by it, but it shall be sufficient toreturn certified or sworn copies thereof, or of such portions thereof as may becalled for by the writ. The return shall concisely set forth such other factsas may be pertinent and material to show the grounds of the decision appealedfrom and shall be verified.

[22:205:1947; 1943 NCL 5064.22]

NRS 497.240 Jurisdictionof court on review; costs.

1. The court shall have exclusive jurisdiction toaffirm, modify or set aside the decision brought up for review, in whole or inpart, and if need be, to order further proceedings by the board of adjustment.The findings of fact of the board, if supported by substantial evidence, shallbe accepted by the court as conclusive, and no objection to a decision of theboard shall be considered by the court unless such objection shall have beenurged before the board, or, if it was not so urged, unless there werereasonable grounds for failure to do so.

2. Costs shall not be allowed against the board ofadjustment unless it appears to the court that it acted with gross negligence,in bad faith, or with malice, in making the decision appealed from.

[23:205:1947; 1943 NCL 5064.23]

MISCELLANEOUS PROVISIONS

NRS 497.250 Effectof regulation held unconstitutional with respect to particular structure orland. In any case in which airport zoningregulations adopted under this chapter, although generally reasonable, are heldby a court to interfere with the use or enjoyment of a particular structure orparcel of land to such an extent, or to be so onerous in their application tosuch a structure or parcel of land, as to constitute a taking or deprivation ofthat property in violation of the Constitution of this State or theConstitution of the United States, such holding shall not affect theapplication of such regulations to other structures and parcels of land.

[24:205:1947; 1943 NCL 5064.24]

NRS 497.260 Penalty;injunction.

1. Each violation of this chapter or of anyregulations, orders, or rulings promulgated or made pursuant to this chapter,shall constitute a misdemeanor, and each days violation of this chapter or ofany regulations, orders or rulings promulgated or made pursuant to this chaptershall constitute a separate offense.

2. In addition, the political subdivision or agencyadopting zoning regulations under this chapter may institute in any court ofcompetent jurisdiction an action to prevent, restrain, correct or abate anyviolation of this chapter, or of airport zoning regulations adopted under thischapter, or of any order or ruling made in connection with their administrationor enforcement, and the court shall adjudge to the plaintiff such relief, by wayof injunction (which may be mandatory) or otherwise, as may be proper under allthe facts and circumstances of the case, in order fully to effectuate thepurposes of this chapter and of the regulations adopted and orders and rulingsmade pursuant thereto.

[25:205:1947; 1943 NCL 5064.25](NRS A 1967, 597)

NRS 497.270 Eminentdomain.

1. In any case in which:

(a) It is desired to remove, lower or otherwiseterminate a nonconforming structure, tree or use;

(b) The approach protection necessary cannot, becauseof constitutional limitations, be provided by airport zoning regulations underthis chapter; or

(c) It appears advisable that the necessary approachprotection be provided by acquisition of property rights rather than by airportzoning regulations,

thepolitical subdivision within which the property or nonconforming use is located,or the political subdivision owning the airport or served by it may acquire, bypurchase, grant or condemnation in the manner provided by the law under whichpolitical subdivisions are authorized to acquire property for public purposes,such air right, avigation easement or other estate or interest in the propertyor nonconforming structure or use in question as may be necessary to effectuatethe purposes of this chapter.

2. In the case of the purchase of any property or anyeasement or estate or interest therein, or the acquisition of the same bycondemnation, the political subdivision making such purchase or exercising suchpower shall, in addition to the damages for the taking, injury or destructionof property, also pay the cost of the removal and relocation of any structureor equipment of any public utility which is required to be moved to a newlocation.

[26:205:1947; 1943 NCL 5064.26]

 

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