[Rev. 2/11/2015 11:25:33
AM--2014R2]
CHAPTER 497 - ZONING
GENERAL PROVISIONS
NRS 497.010 Short
title.
NRS 497.020 Definitions.
NRS 497.030 Declaration
of policy.
POWERS OF POLITICAL SUBDIVISIONS AND AIRPORT AUTHORITIES
NRS 497.040 Authority
to adopt, administer and enforce airport zoning regulations.
NRS 497.050 Creation
of joint airport zoning boards by political subdivisions other than airport
authorities.
NRS 497.055 Creation
of joint airport zoning boards by airport authority and other political
subdivisions.
ADOPTION OF REGULATIONS; AIRPORT ZONING COMMISSION; PERMITS;
VARIANCES
NRS 497.060 Incorporation
of airport zoning regulations into comprehensive zoning ordinance regulating
height of buildings.
NRS 497.070 More
stringent limitations govern when regulations conflict.
NRS 497.080 Adoption
of airport zoning regulations: Necessity of public hearing; notice;
publication.
NRS 497.085 Airport
zoning regulations: Notice of proposed changes to tenants of nearby mobile home
parks.
NRS 497.090 Airport
zoning commission: Appointment; recommendation of boundaries of zones to be
established; report; public hearings.
NRS 497.100 Airport
zoning regulations: Requisites; reasonableness.
NRS 497.110 Airport
zoning regulations: Limitations on adoption.
NRS 497.120 Airport
zoning regulations: Provision for replacement or alteration of nonconforming
structure or tree; permits.
NRS 497.130 Airport
zoning regulations: Variances.
NRS 497.140 Installation
and 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 Administration
and enforcement of regulations by administrative agency; duties.
BOARD OF ADJUSTMENT
NRS 497.190 Powers
of board of adjustment.
NRS 497.200 Members
of board of adjustment: Number; terms; removal.
NRS 497.210 Majority
vote of board of adjustment sufficient.
NRS 497.220 Rules,
meetings, minutes and records of board of adjustment.
NRS 497.230 Right
of aggrieved person or taxpayer to petition court for review of administrative
decision.
NRS 497.240 Jurisdiction
of court on review; costs.
MISCELLANEOUS PROVISIONS
NRS 497.250 Effect
of regulation held unconstitutional with respect to particular structure or
land.
NRS 497.260 Penalty;
injunction.
NRS 497.270 Eminent
domain.
_________
GENERAL PROVISIONS
NRS 497.010 Short title. This
chapter shall be known and may be cited as the Airport Zoning Act.
[28:205:1947]
NRS 497.020 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Airport” means any area of land or
water designed and set aside for the landing and taking off of aircraft and
utilized in the interest of the public for such purposes.
2. “Airport hazard” means any structure or
tree or use of land which obstructs the airspace required for the flight of
aircraft in landing or taking off at any airport, or is otherwise hazardous to
the landing or taking off of aircraft.
3. “Airport hazard area” means any area of
land or water upon which an airport hazard might be established if not
prevented as provided in this chapter.
4. “Person” includes a government, a
governmental agency and a political subdivision of a government.
5. “Political subdivision” means any
county, incorporated city, unincorporated town or airport authority created by
special legislative act as a quasi-municipal corporation.
6. “Public utility” means a person who
operates any airline, broadcasting, electric, gas, pipeline, radio, railroad,
rural electric, sanitary sewer, slurry, telephone or water business in this
State and who conducts such a business for a public use.
7. “Structure” means any object
constructed or installed by a person, 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; 2013, 1960)
NRS 497.030 Declaration of policy.
1. It is hereby found that an airport
hazard endangers the lives and property of users of the airport and of
occupants of land in its vicinity, and also, if of the obstruction type, in
effect reduces the size of the area available for the landing, takeoff and
maneuvering of aircraft, thus tending to destroy or impair the utility of the
airport and the public investment therein. Accordingly, it is hereby declared:
(a) That the creation or establishment of an
airport hazard is a public nuisance and an injury to the community served by
the airport in question.
(b) That it is therefore necessary in the
interest of the public health, public safety and general welfare that the
creation or establishment of airport hazards be prevented.
(c) That this should be accomplished, to the
extent legally possible, by exercise of the police power, without compensation.
2. It is further declared that both the
prevention of the creation or establishment of airport hazards and the
elimination, removal, alteration, mitigation or marking and lighting of
existing airport hazards are public purposes for which political subdivisions
may raise and extend public funds and acquire land or property interests
therein.
[2:205:1947; 1943 NCL § 5064.02]
POWERS OF POLITICAL SUBDIVISIONS AND AIRPORT AUTHORITIES
NRS 497.040 Authority to adopt, administer and enforce airport zoning
regulations. In order to prevent
the creation or establishment of airport hazards, every political subdivision
having an airport hazard area within its territorial limits may adopt, administer
and enforce, under the police power and in the manner and upon the conditions
prescribed in this chapter, airport zoning regulations for such airport hazard
area, which regulations may divide such area into zones, and, within such
zones, prohibit those land uses which could cause a hazard to air traffic and
regulate and restrict the 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 Creation of joint airport zoning boards by political
subdivisions other than airport authorities.
1. Where an airport is owned or controlled
by a political subdivision other than an airport authority created by special
legislative act as a quasi-municipal corporation, and any airport hazard area
appertaining to such airport is located outside the territorial limits of the
political subdivision, within or without the State, the political subdivision
owning or controlling the airport and the political subdivision within which
the airport hazard area is located may, by ordinance or resolution duly
adopted, create a joint airport zoning board, which board shall have the same
power to adopt, administer and enforce airport zoning regulations applicable to
the airport hazard area in question as that vested by NRS
497.040 in the political subdivision within which such area is located.
2. Each such joint board shall have as
members two representatives appointed by each political subdivision
participating in its creation, and in addition a chair elected by a majority of
the members so appointed.
[4:205:1947; 1943 NCL § 5064.04]—(NRS A 1979, 1652)
NRS 497.055 Creation of joint airport zoning boards by airport authority and
other political subdivisions.
1. Where an airport is owned or controlled
by an airport authority created by special legislative act as a quasi-municipal
corporation and any airport hazard area appertaining to that airport is located
within the limits of the county or any incorporated city or unincorporated town
within the geographical boundaries of the airport authority, the airport
authority and the county, incorporated city or unincorporated town within which
the airport hazard area is located may, by adopting substantially identical ordinances
or resolutions, create a joint airport zoning board, which has the same power
to adopt, administer and enforce airport zoning regulations applicable to the
airport hazard area in question as that vested by NRS
497.040 in the political subdivision within which that area is located.
2. Each such joint board:
(a) Must have as members two representatives
appointed by each political subdivision participating in its creation, and in
addition a chair elected by a majority of the members so appointed.
(b) May consider noise problems related to the
airport as they affect lands outside the boundaries of the airport and make
recommendations to the airport authority.
(Added to NRS by 1979, 1653)
ADOPTION OF REGULATIONS; AIRPORT ZONING COMMISSION;
PERMITS; VARIANCES
NRS 497.060 Incorporation of airport zoning regulations into comprehensive
zoning ordinance regulating height of buildings. In
the event that a political subdivision has adopted, or hereafter adopts, a
comprehensive zoning ordinance regulating, among other things, the height of
buildings, any airport zoning regulations applicable to the same area or
portion thereof, may be incorporated in and made a part of such comprehensive
zoning regulations, and be administered and enforced in connection therewith.
[5:205:1947; 1943 NCL § 5064.05]
NRS 497.070 More stringent limitations govern when regulations conflict. In the event of conflict between any airport
zoning regulations adopted under this chapter and any other regulations
applicable to the same area, whether the conflict be with respect to the height
of structures or trees, the use of land, or any other matter, the more
stringent limitation or requirement shall govern and prevail.
[6:205:1947; 1943 NCL § 5064.06]
NRS 497.080 Adoption of 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 an airport authority created by special legislative act as a quasi-municipal
corporation, by the action of the joint airport zoning board within whose
jurisdiction that airport lies; or
(b) In the case of an airport owned or controlled
by any other political subdivision, by the action of the joint airport zoning
board within whose jurisdiction that airport lies or, if there is no joint
board, the governing body of a political subdivision,
Ê after a
public hearing in relation thereto, at which public utilities owning facilities
in the area involved, other parties in interest and citizens have an
opportunity to be heard.
2. At least 15 days’ notice of the hearing
shall be given to all public utilities owning facilities in the area involved,
and at least 15 days’ notice of the hearing shall be published in an official
paper, or a paper of general circulation, in the political subdivision or
subdivisions in 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 Airport zoning regulations: Notice of proposed changes to
tenants of nearby mobile home parks. Airport
zoning regulations adopted pursuant to this chapter must provide that if a
mobile home park is located within 300 feet of property for which a zoning
change is proposed, notice of the proposed change must be mailed to each tenant
of the park. The notice must be mailed 10 days 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 Airport zoning commission: Appointment; recommendation of
boundaries of zones to be established; report; public hearings.
1. Prior to the initial zoning of any
airport hazard area under this chapter, the political subdivision or joint
airport zoning board may:
(a) Adopt the regulations.
(b) Appoint a commission to be known as the
airport zoning commission.
(c) Recommend the boundaries of the various zones
to be established and the regulations to be adopted therefor.
2. The commission shall make a preliminary
report and hold public hearings thereon before submitting its final report, and
the legislative body of the political subdivision or the joint airport zoning
board shall not hold its public hearings or take other action until it has received
the final report of the commission.
3. Where a city planning commission or
comprehensive zoning commission already exists, it may be appointed as the
airport zoning commission.
4. At least 15 days’ notice of each public
hearing by the commission shall be given to all public utilities owning
facilities in the area involved.
[8:205:1947; 1943 NCL § 5064.08]
NRS 497.100 Airport zoning regulations: Requisites; reasonableness.
1. All airport zoning regulations adopted
under this chapter shall be reasonable, and none shall impose any requirement
or restriction which is not reasonably necessary to effectuate the purposes of
this chapter.
2. In determining what regulations it may
adopt, each political subdivision and joint airport zoning board shall
consider, among other things:
(a) The character of the flying operations
expected to be conducted at the airport.
(b) The nature of the terrain within the airport
hazard area.
(c) The character of the neighborhood.
(d) The uses to which the property to be zoned is
put and adaptable.
[9:205:1947; 1943 NCL § 5064.09]
NRS 497.110 Airport zoning regulations: Limitations on adoption. No airport zoning regulations adopted under
this chapter shall require the removal, lowering or other change or alteration
of any structure or tree not conforming to the regulations when adopted or
amended, or otherwise interfere with the continuance of any nonconforming use,
except as provided in NRS 497.140.
[10:205:1947; 1943 NCL § 5064.10]
NRS 497.120 Airport zoning regulations: Provision for replacement or
alteration of nonconforming structure or tree; permits.
1. Any airport zoning regulations adopted
under this chapter may require that a permit be obtained before any new
structure or use may be constructed or established and before any existing use
or structure may be substantially changed or substantially altered, but no such
permit shall be required to make maintenance repairs to any existing structure,
or to replace parts of any existing structure, which repairs or replacements do
not substantially enlarge or increase the height of an existing structure.
2. In any event, however, all such
regulations shall provide that before any nonconforming structure or tree may
be replaced, substantially altered, rebuilt, allowed to grow higher, or
replanted, a permit must be secured from the administrative agency authorized
to administer and enforce the regulations, authorizing such replacement or
change.
3. No permit shall be granted that would
allow the establishment or creation of an airport hazard or permit a
nonconforming structure or tree or nonconforming use to be made or become
higher or become a greater hazard to air navigation than it was when the
applicable regulation was adopted or than it is when the application for a
permit is made.
4. Except as provided herein, all
applications for permits shall be granted.
[11:205:1947; 1943 NCL § 5064.11]
NRS 497.130 Airport zoning regulations: Variances.
1. Any person desiring to erect any
structure, or increase the height of any structure, or permit the growth of any
tree, or otherwise use the person’s property in violation of airport zoning
regulations adopted under this chapter, may apply to the board of adjustment
for a variance from the zoning regulations in question.
2. Such variances shall be allowed where a
literal application or enforcement of the regulations would result in practical
difficulty or unnecessary hardship, and the relief granted would not be
contrary to the public interest but do substantial justice and be in accordance
with the spirit of the regulations and this chapter. Any variance may be
allowed subject to any reasonable conditions that the board of adjustment may
deem necessary to effectuate the purposes of this chapter.
[12:205:1947; 1943 NCL § 5064.12]
NRS 497.140 Installation and 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 board of adjustment may, if it deems such an
action advisable to carry out the purposes of this chapter and reasonable in
the circumstances, so condition the permit or variance as to require the owner
of the structure or tree in question to permit the political subdivision to
install, operate and maintain thereon at the owner’s expense such markers and
lights as may be necessary to indicate to aviators the presence of a hazard to
flight.
2. The political subdivision may, with the
permission of the owner and at its own expense, install and operate, upon
nonconforming structures existing at the time the particular zoning regulation
is adopted or amended, such markers or lights as may be necessary. After
initial installation, the political subdivision, upon written notice to the
owner, may require the owner to maintain those markers or lights in conformance
with the standards of the Federal Aviation Administration.
3. Any person who fails to install,
operate or maintain a marker or light or pay the expenses required in this
section is guilty 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
person aggrieved by any decision of an administrative agency made in its
administration of airport zoning regulations adopted under this chapter, or any
governing 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 an
improper application of airport zoning regulations of concern to such governing
body or board, may appeal to the board of adjustment authorized to hear and
decide appeals from the decisions of such administrative agency.
[14:205:1947; 1943 NCL § 5064.14]
NRS 497.160 Appeals: Notice; time; filing; record. All
appeals taken under NRS 497.150 must be taken
within a reasonable time, as provided by the rules of the board, by filing with
the agency from which the appeal is taken, and with the board, a notice of
appeal specifying the grounds thereof. The agency from which the appeal is
taken shall forthwith transmit to the board all the papers constituting the
record 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
furtherance of the action appealed from, unless the agency from which the
appeal is taken certifies to the board, after the notice of appeal has been
filed with it, that by 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 not be stayed otherwise than by order of the board on notice
to the agency from which the appeal is taken and on due cause shown.
2. The board shall fix a reasonable time
for the hearing of appeals, give public notice and due notice to the parties in
interest, and decide the same within a reasonable time. Upon the hearing any
party may appear in person or by agent or by attorney.
3. The board may, in conformity with the
provisions of this 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
end shall have all the powers of the administrative agency from which the
appeal is taken.
[16:205:1947; 1943 NCL § 5064.16]
NRS 497.180 Administration and enforcement of regulations by administrative
agency; duties.
1. All airport zoning regulations adopted
under this chapter shall provide for the administration and enforcement of such
regulations by an administrative agency, which may be an agency created by such
regulations or any official, board or other existing agency of the political subdivision
adopting the regulations, or of one of the political subdivisions which
participated in the creation of the joint airport zoning board adopting the
regulations, if satisfactory to that political subdivision. In no case shall
such administrative agency be or include any member of the board of adjustment.
2. The duties of any administrative agency
designated pursuant to this chapter shall include that of hearing and deciding
all permits under NRS 497.120, but such agency
shall not have or exercise any of the powers herein delegated to the board of
adjustment.
[17:205:1947; 1943 NCL § 5064.17]
BOARD OF ADJUSTMENT
NRS 497.190 Powers of board of adjustment. All
airport zoning regulations adopted under this chapter shall provide for a board
of adjustment to 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 the enforcement of the airport zoning regulations, as provided in NRS 497.150.
2. To hear and decide any special
exceptions to the terms of the airport zoning regulations upon which such board
may be required to 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 Members of board of adjustment: Number; terms; removal. Where a zoning board of appeals or adjustment
already exists, it may be appointed as the board of adjustment. Otherwise, the
board of adjustment shall consist of five members, each to be appointed for a
term of 3 years by the authority adopting the regulations, and to be removable
by the appointing authority for cause, upon written charges and after public
hearing.
[19:205:1947; 1943 NCL § 5064.19]
NRS 497.210 Majority vote of board of adjustment sufficient. The concurring vote of a majority of the
members of the board of adjustment shall be sufficient to reverse any order,
requirement, decision or determination of the administrative agency, or to
decide in favor of the applicant on any matter upon which it is required to pass
under the airport zoning regulations, or to effect 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 in accordance with the provisions of the ordinance or resolution by which
it was created.
2. Meetings of the board must be held at
the call of the chair and at such other times as the board may determine.
3. The chair, or in his or her absence the
acting chair, 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
vote of each member upon each question, or, if absent or failing to vote, indicating
such fact, and audio recordings or transcripts of its proceedings.
(b) Keep records of its examinations and other
official actions, all of which must immediately be filed in the office of the
board and are public records.
[21:205:1947; 1943 NCL § 5064.21]—(NRS A 2005, 1414)
NRS 497.230 Right of aggrieved person or taxpayer to petition court for
review of administrative decision.
1. Any person aggrieved or taxpayer
affected by any decision of a board of adjustment, or any governing body of a
political subdivision, or any joint airport zoning board which is of the
opinion that a decision of a board of adjustment is illegal, may present to the
district court a verified petition setting forth that the decision is illegal,
in whole or in part, and specifying the grounds of the illegality. Such
petition shall be presented to the court within 30 days after the decision is
filed in the office of the board.
2. Upon presentation of the petition the
court may allow a writ of certiorari directed to the board of adjustment to
review the decision of the board. The allowance of the writ shall not stay
proceedings upon the decision appealed from, but the court may, on application,
on notice to the board and on due cause shown, grant a restraining order.
3. The board of adjustment shall not be
required to return the original papers acted upon by it, but it shall be
sufficient to return certified or sworn copies thereof, or of such portions
thereof as may be called for by the writ. The return shall concisely set forth
such other facts as may be pertinent and material to show the grounds of the
decision appealed from and shall be verified.
[22:205:1947; 1943 NCL § 5064.22]
NRS 497.240 Jurisdiction of court on review; costs.
1. The court shall have exclusive
jurisdiction to affirm, modify or set aside the decision brought up for review,
in whole or in part, 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, shall be accepted by the court as conclusive, and no objection to a
decision of the board shall be considered by the court unless such objection
shall have been urged before the board, or, if it was not so urged, unless
there were reasonable grounds for failure to do so.
2. Costs shall not be allowed against the
board of adjustment 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 Effect of regulation held unconstitutional with respect to
particular structure or land. In any
case in which airport zoning regulations adopted under this chapter, although
generally reasonable, are held by a court to interfere with the use or
enjoyment of a particular structure or parcel of land to such an extent, or to
be so onerous in their application to such a structure or parcel of land, as to
constitute a taking or deprivation of that property in violation of the
Constitution of this State or the Constitution of the United States, such
holding shall not affect the application 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
any regulations, orders, or rulings promulgated or made pursuant to this
chapter, shall constitute a misdemeanor, and each day’s violation of this
chapter or of any regulations, orders or rulings promulgated or made pursuant
to this chapter shall constitute a separate offense.
2. In addition, the political subdivision
or agency adopting zoning regulations under this chapter may institute in any
court of competent jurisdiction an action to prevent, restrain, correct or
abate any violation of this chapter, or of airport zoning regulations adopted
under this chapter, or of any order or ruling made in connection with their
administration or enforcement, and the court shall adjudge to the plaintiff
such relief, by way of injunction (which may be mandatory) or otherwise, as may
be proper under all the facts and circumstances of the case, in order fully to
effectuate the purposes of this chapter and of the regulations adopted and
orders and rulings made pursuant thereto.
[25:205:1947; 1943 NCL § 5064.25]—(NRS A 1967, 597)
NRS 497.270 Eminent domain.
1. In any case in which:
(a) It is desired to remove, lower or otherwise
terminate a nonconforming structure, tree or use;
(b) The approach protection necessary cannot,
because of constitutional limitations, be provided by airport zoning
regulations under this chapter; or
(c) It appears advisable that the necessary
approach protection be provided by acquisition of property rights rather than
by airport zoning regulations,
Ê the
political subdivision within which the property or nonconforming use is
located, or the political subdivision owning the airport or served by it may
acquire, by purchase, grant or condemnation in the manner provided by the law
under which political subdivisions are authorized to acquire property for
public purposes, such air right, avigation easement or other estate or interest
in the property or nonconforming structure or use in question as may be
necessary to effectuate the purposes of this chapter.
2. In the case of the purchase of any
property or any easement or estate or interest therein, or the acquisition of
the same by condemnation, the political subdivision making such purchase or
exercising such power shall, in addition to the damages for the taking, injury
or destruction of property, also pay the cost of the removal and relocation of
any structure or equipment of any public utility which is required to be moved
to a new location.
[26:205:1947; 1943 NCL § 5064.26]
