[Rev. 11/21/2013 11:14:30
AM--2013]
CHAPTER 384 - HISTORIC DISTRICTS
GENERAL PROVISIONS
NRS 384.005 Establishment
of historic district by city or county.
COMSTOCK HISTORIC DISTRICT
NRS 384.010 Short
title.
NRS 384.020 Declaration
of public policy.
NRS 384.030 Definitions.
NRS 384.040 Comstock
Historic District Commission: Creation; number of members.
NRS 384.050 Appointment,
qualifications and compensation of members of Commission; officers.
NRS 384.060 Meetings
of Commission; quorum.
NRS 384.070 Establishment
of office by Commission; inspection of records; copies of minutes or audio
recordings of meetings; maintenance of library.
NRS 384.080 Functions
and powers of Commission; employment of personnel.
NRS 384.090 Appointment
by Commission of committees and subcommittees; regulations.
NRS 384.095 Board
of Museums and History to serve as board of appeals for District.
NRS 384.100 Establishment
of historic district in designated area: Procedure; alteration of boundaries;
house trailer, mobile home or recreational vehicle prohibited; exception.
NRS 384.110 Certificate
of appropriateness: Form; considerations in deliberations by Commission and
staff.
NRS 384.115 Certificate
of appropriateness: Authorization by Commission for staff to issue certificates
under certain circumstances.
NRS 384.120 Certificate
of appropriateness: Public hearing; exceptions; notice.
NRS 384.130 Certificate
of appropriateness: Determinations by Commission.
NRS 384.140 Certificate
of appropriateness: Factors to be considered by Commission and staff in passing
upon appropriateness; refusal.
NRS 384.150 Certificate
of appropriateness: Issuance or denial; fee; variations; additional conditions;
appeal to Board of Museums and History.
NRS 384.170 Creation
and use of Account; acceptance of gifts, donations, devises and bequests; sale
and lease of property; no power of eminent domain.
NRS 384.180 Recommendations
of Commission to State and political subdivisions.
NRS 384.190 Powers
of building inspector or similar authority; order to stop work.
NRS 384.200 Penalty;
jurisdiction of district court; injunctive relief.
NRS 384.210 Appeal
to district court from determination of Commission or Board of Museums and
History.
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GENERAL PROVISIONS
NRS 384.005 Establishment of historic district by city or county.
1. Any county or city may establish a
historic district, the boundaries of which do not include the Comstock Historic
District, for the purpose of promoting the educational, cultural, economic and
general welfare of the public through the preservation, maintenance and
protection of structures, sites and areas of historic interest and scenic
beauty.
2. Before establishing any historic
district, the board of county commissioners of a county or the governing body
of a city shall hold a public hearing after giving notice of the time and the
place of the hearing in a newspaper of general circulation in that county or
city. The notice must be published once a week for 3 consecutive weeks and
include the purpose of the hearing and the boundaries of the proposed district.
At the hearing any person may appear in support of or in opposition to the
establishment of the proposed district.
3. Within 15 days after the hearing, the
board or governing body shall:
(a) Establish the historic district and fix its
boundaries; or
(b) Determine not to establish the historic
district.
4. If the historic district is
established, the board or governing body may adopt any ordinances it determines
are in the best interest of the historic district in accordance with the
purposes expressed in subsection 1. An ordinance establishing a historic
district must:
(a) Contain criteria which substantially achieve
the preservation and rehabilitation of buildings of historic significance to
the district; and
(b) Provide for a designated review board with
the power to review proposed alterations to structures within the district.
5. This section is not intended to
discourage the exploration, development or extraction of mineral resources.
(Added to NRS by 1979, 643; A 1989, 22)
COMSTOCK HISTORIC DISTRICT
NRS 384.010 Short title. NRS 384.010 to 384.210,
inclusive, may be cited as the Comstock Historic District Act.
(Added to NRS by 1969, 1635; A 1977, 1212; 1979, 638)
NRS 384.020 Declaration of public policy. It
is hereby declared to be the public policy of the State of Nevada to promote
the educational, cultural, economic and general welfare and the safety of the
public through the preservation and protection of structures, sites and areas
of historic interest and scenic beauty, through the maintenance of such
landmarks in the history of architecture, and the history of the District,
State and Nation, and through the development of appropriate settings for such
structures, sites and District.
(Added to NRS by 1969, 1635)
NRS 384.030 Definitions. As
used in NRS 384.010 to 384.210,
inclusive:
1. “Commission” means the Comstock
Historic District Commission.
2. “Exterior architectural features” means
the architectural style, general design and general arrangement of the exterior
of a structure, including the kind and texture of the building material, the
type and style of all windows, doors, light fixtures and signs, color, and
other appurtenant fixtures.
3. “Historic district” means an area
within which structures and places of historical interest are under the
protection of the Commission.
4. “Structure” means any building for
whatever purpose constructed or used, house trailer as defined in NRS 484A.100, mobile home as defined in NRS 484D.030, stone wall, fence, light
fixture, step, paving, advertising sign, bill poster and any fixture
appurtenant thereto, but does not include structures or signs of a temporary
nature such 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 Comstock Historic District Commission: Creation; number of
members. The Comstock Historic
District Commission, consisting of nine 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
Storey County.
(b) One member who is a county commissioner of
Lyon County.
(c) One member who is the Administrator or an
employee of the Office of Historic Preservation of the State Department of
Conservation and Natural Resources.
(d) Two members who are persons licensed as
general engineering contractors or general building contractors pursuant to chapter 624 of NRS or persons who hold a
certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(e) Four members who are persons interested in
the protection and preservation of structures, sites and areas of historic
interest and are residents of the district.
2. The Commission shall elect one of its
members as Chair and another as Vice Chair, who shall serve for a term of 1
year or until their successors are elected and qualified.
3. Each member of the Commission is
entitled to receive a salary of not more than $80, as fixed by the Commission,
for each day’s 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 diem allowance and travel expenses provided for state officers and
employees generally.
(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; 2011, 2982)
NRS 384.060 Meetings of Commission; quorum.
1. Meetings of the Commission shall be
held at such times and places as the Chair or a majority of the commissioners
may designate, or as shall be established by the regulations adopted by the
Commission.
2. Five members of the Commission shall
constitute a quorum for all purposes and the affirmative vote of a majority of
the members present shall be necessary for the adoption or promulgation of any
regulation or order of the Commission.
(Added to NRS by 1969, 1636)
NRS 384.070 Establishment of office by Commission; inspection of records;
copies of minutes or audio recordings of meetings; maintenance of library.
1. The Commission may establish and
maintain an office in Virginia City, Storey County, Nevada, in which, except as
otherwise provided in NRS 241.035,
there must be at all times open to public inspection a complete record of
applications for certificates of appropriateness and their disposition, minutes
and audio recordings or transcripts of the Commission’s meetings, and any
regulations adopted by the Commission. A copy of the minutes or audio
recordings must be made available to a member of the public upon request at no
charge pursuant to NRS 241.035.
2. The Commission shall maintain a library
in the office for the purpose of guiding applicants in their design or
embellishment of the exterior of their buildings, new or remodeled. The library
must consist of, but not be limited to, documents, paintings, photographs,
drawings and histories descriptive of the period which are deemed appropriate
guidelines to the applicant. A card index system must also be made and
maintained for reference to more comprehensive information in libraries other
than the one maintained by the Commission.
(Added to NRS by 1969, 1636; A 1971, 285; 2005, 1411; 2013, 330)
NRS 384.080 Functions and powers of Commission; employment of personnel.
1. The Commission is vested with all of
the functions and powers relating to the administration of NRS 384.010 to 384.210,
inclusive.
2. It may, to the extent permitted by
money appropriated or otherwise received therefor, employ such technical and
clerical personnel, including a building inspector or other similar authority,
as may be necessary 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 Appointment by Commission of committees and subcommittees;
regulations. The Commission may
appoint such committees and subcommittees and adopt such reasonable regulations
as are necessary to carry out the provisions of NRS
384.010 to 384.210, inclusive.
(Added to NRS by 1969, 1636; A 1979, 639)
NRS 384.095 Board of Museums and History to serve as board of appeals for
District. The Board of Museums and
History shall serve as a board of appeals for the Comstock Historic District.
(Added to NRS by 1981, 1948; A 1993, 1595)
NRS 384.100 Establishment of 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 district in such portions of Storey and Lyon counties as it may
designate as provided in NRS 384.010 to 384.210, inclusive, embracing an area within which
historic structures, sites and railroads relating to the Comstock lode and its
history are or were located.
2. Before establishing the district, the
Commission shall hold a public hearing after giving notice of the time and
place of the hearing in a newspaper of general circulation in each county a
portion of which is located within the proposed district.
3. The notice must be published once a
week for 3 consecutive weeks and must include the purpose of the hearing and
the boundaries of the proposed district.
4. At the hearing any person may appear in
support of or in opposition to the establishment of the district.
5. Within 15 days after the hearing the
Commission shall:
(a) Establish an historic district and fix its
boundaries; or
(b) Determine not to establish an historic
district.
6. If an historic district is established,
notice thereof must be given by one publication in a newspaper of general
circulation in each county a portion of which is located within the district.
7. The Commission may alter or change the
boundaries of the district by following the same procedure as provided in this
section for the establishment of a district.
8. After an historic district is
established, no house trailer, mobile home, or recreational vehicle may be
placed or established in any area within the district, unless the Commission
and the board of county commissioners in the appropriate county, by agreement,
permit the establishment of 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 with the 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 Certificate of appropriateness: Form; considerations in
deliberations by Commission and staff.
1. No structure may be erected,
reconstructed, altered, restored, moved or demolished within the historic
district until after an application for a certificate of appropriateness as to
exterior architectural features has been submitted to and approved by the
Commission, or by its staff pursuant to NRS 384.115.
The application for a certificate of appropriateness must be in such form and
accompanied by such plans, specifications and other material as the Commission
may from time to time prescribe.
2. In its deliberations under the
provisions of NRS 384.010 to 384.210,
inclusive, the Commission and its staff shall not consider interior arrangement
or use and shall take no action under NRS 384.010
to 384.210, inclusive, except for the purpose of
preventing the erection, reconstruction, restoration, alteration, moving or
razing of buildings in the district obviously incongruous with the historic
aspects of the district.
3. The provisions of NRS 384.010 to 384.210,
inclusive, do not prevent:
(a) The ordinary maintenance or repair of any
exterior architectural feature in the historic district which does not involve
a change of design or material or the outward appearance thereof;
(b) The construction, reconstruction, alteration
or demolition of any such feature which the building inspector or similar
authority certifies is required by the public safety because of an unsafe or
dangerous condition; or
(c) The construction, reconstruction, alteration
or demolition of any such feature under a permit issued by a building inspector
or similar authority prior to the effective date of the establishment of such
district.
(Added to NRS by 1969, 1637; A 1973, 673; 1979, 640; 2001, 1249; 2005, 893)
NRS 384.115 Certificate of appropriateness: Authorization by Commission for
staff to issue certificates under certain circumstances.
1. The Commission may authorize its staff
to issue certificates of appropriateness on behalf of the Commission for specific
categories and types of applications if those applications comply substantially
with the requirements and public policy set forth in NRS
384.010 to 384.210, inclusive.
2. If an application for a certificate of
appropriateness submitted to the Commission:
(a) Does not fall within a category or type for
which the Commission has authorized its staff to issue certificates of
appropriateness pursuant to subsection 1; or
(b) Is determined by the staff of the Commission
as not being in substantial compliance with the requirements and public policy
set forth in NRS 384.010 to 384.210,
inclusive,
Ê the staff
shall forward the application to the Commission for a hearing and determination
by the Commission pursuant to NRS 384.120 and 384.130.
3. If the staff forwards an application to
the Commission pursuant to subsection 2 because the application does not comply
substantially with the requirements and public policy set forth in NRS 384.010 to 384.210,
inclusive, the staff shall include a statement of the reasons for its
determination.
(Added to NRS by 2005, 892)
NRS 384.120 Certificate of appropriateness: Public hearing; exceptions;
notice.
1. The Commission shall hold a public
hearing upon each application for a certificate of appropriateness within 30
days after the application has been filed with the Commission, excluding
Saturdays, Sundays and legal holidays, unless:
(a) The application is approved by the staff of
the Commission pursuant to NRS 384.115; and
(b) The holding of a hearing is waived in writing
by the applicant or the designated representative of the applicant.
2. The Commission shall cause notice of a
hearing to be held on an application pursuant to subsection 1 to be given in
accordance with NRS 241.020 to:
(a) The applicant;
(b) The owners of all properties deemed by the
Commission to be materially affected by the application as they appear on the
most recent tax list; and
(c) Any person who has filed a written request
for notice of hearings during the preceding calendar year.
3. The Commission may, if it determines
the matter to be of sufficient public interest, give an additional notice of
the time and place of the hearing by publication in the form of a legal
advertisement in a newspaper having a substantial circulation in the district
at least 7 days before such hearing.
(Added to NRS by 1969, 1637; A 2005, 893)
NRS 384.130 Certificate of appropriateness: Determinations by Commission. As soon 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 the
application for the certificate of appropriateness, or within such further time
as the applicant may in writing allow, the Commission shall determine:
1. That the proposed erection,
construction, reconstruction, restoration, alteration, moving or razing of the
exterior architectural feature involved will be appropriate to the preservation
of the historic district for the purposes of NRS
384.010 to 384.210, inclusive;
2. That, even though the proposed project
may be inappropriate, failure to issue a certificate would involve a
substantial hardship to the applicant because of conditions especially
affecting the structure involved, but not affecting the historic district
generally, and that a certificate could be issued without substantial detriment
to the public welfare or the purposes of NRS 384.010
to 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 Certificate of appropriateness: Factors to be considered by
Commission and staff in passing upon appropriateness; refusal.
1. In passing upon the appropriateness of
an application pursuant to NRS 384.115 or 384.130, the Commission, and its staff shall 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
street or 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
the relationship thereof to the exterior architectural features of other
structures in the immediate neighborhood; and
(f) The relationship of the exterior
architectural features to well recognized styles of early western architecture
of the late 19th and early 20th centuries.
2. A certificate of appropriateness may be
refused for any structure, the erection, reconstruction, restoration,
alteration, moving or razing of which, in the opinion of the Commission, would
be detrimental to the interest of the historic district or incongruous with the
historic aspects of the surroundings and the historic environment of the
district.
(Added to NRS by 1969, 1638; A 2005, 894)
NRS 384.150 Certificate of 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 that the
proposed construction, reconstruction, restoration, alteration, moving or
razing of the exterior architectural feature involved will be appropriate, or,
although inappropriate, that failure to issue a certificate would result in
hardship as provided in subsection 2 of NRS 384.130,
or if the Commission fails to make a determination within the time prescribed
in NRS 384.130, the Commission shall immediately
issue to the applicant a certificate of appropriateness.
2. The Commission may charge and collect a
reasonable fee for the issuance of a certificate of appropriateness by the Commission
pursuant to this section or by its staff pursuant to NRS
384.115. If a fee is charged, 50 percent of the proceeds must be deposited
in the State General Fund for credit to the appropriate account for the
Comstock Historic District and 50 percent must be deposited in a nonreverting
Account for the Restoration of the Fourth Ward School in Virginia City, which
is hereby created. Money in the Account for the Restoration of the Fourth Ward
School may be expended only upon approval by the Commission.
3. In exercising the power to vary or
modify strict adherence to the provisions of NRS
384.010 to 384.210, inclusive, or to interpret
the meaning of NRS 384.010 to 384.210, inclusive, so as to relieve hardship under
the provisions of subsection 2 of NRS 384.130, the
Commission shall require any variance, modification or interpretation to be in
harmony with the general purpose and intent of NRS
384.010 to 384.210, inclusive, so that the
general historical character of the District is conserved and substantial
justice done. In allowing variations, the Commission may impose such reasonable
and additional 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 of appropriateness should not issue, it shall immediately set forth
in its records the reasons for the determination, and may include
recommendations respecting the proposed erection, construction, restoration,
alteration, moving or razing, and shall immediately notify the applicant of the
determination by transmitting to the applicant an attested copy of the reasons
and recommendations, if any, as set forth in the records of the Commission.
5. The applicant may appeal a refusal of
the Commission to issue a certificate of appropriateness to the Board of
Museums and History within 30 days after its determination and the Board, after
a hearing on the matter, may:
(a) Approve the application with or without
conditions by a unanimous vote; or
(b) Deny the application.
Ê If the Board
approves the application, the Commission shall immediately issue a certificate
of appropriateness to the applicant.
(Added to NRS by 1969, 1639; A 1979, 641; 1981, 1949;
1993, 1595;
2005, 894)
NRS 384.170 Creation and use of Account; acceptance of gifts, donations,
devises and bequests; sale and lease of property; no power of eminent domain.
1. The Commission may accept gifts,
donations, devises or bequests of real or personal property for the purpose of
enabling it to carry out a program of historic preservation and restoration
within the District, 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 use within the District which it may acquire.
2. The Commission shall deposit gifts or
donations of money and any money acquired from selling or leasing the items
described in subsection 1 in the Account for the Comstock Historic District
which is hereby created in the State General Fund. The Account must be
administered by the Commission. Any interest earned on the money in the Account
must be credited to the Account. The money deposited in the Account and all
interest paid thereon may be expended only for the maintenance of the
Commission or to carry out the program of 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; 2011, 445)
NRS 384.180 Recommendations of Commission to State and political
subdivisions. The Commission may
recommend:
1. To the State and to political
subdivisions within the District appropriate measures to effectuate,
supplement, foster and promote the purposes of NRS
384.010 to 384.210, inclusive.
2. To any political subdivision within the
District appropriate zoning and traffic regulations, including but not limited
to designating mobile home and trailer sites, parking, modes of public
transportation, ingress and egress to public streets and alleys, and closing of
such streets or alleys or restriction of vehicular traffic thereon in order to
effectuate the purposes of NRS 384.010 to 384.210, inclusive, such as restoration of historic
modes of travel and safety of pedestrians.
(Added to NRS by 1969, 1639; A 1979, 642)
NRS 384.190 Powers of building inspector or similar authority; order to stop
work.
1. The building inspector or similar
authority employed by the Commission may investigate, inspect and examine any
structure, place or area in the District, either in connection with an
application for a certificate of appropriateness, or at any time to determine
whether it is in violation of any provision of NRS
384.010 to 384.210, inclusive, or any
regulation or order adopted or issued under authority of NRS
384.010 to 384.210, inclusive.
2. Whenever any work is being done
contrary to the provisions of NRS 384.010 to 384.210, inclusive, the building inspector or similar
authority may order the work stopped by notice in writing served on any person
engaged in the doing or causing such work to be done, and any such person shall
forthwith stop such work until authorized by the Commission to proceed 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 or order adopted or issued pursuant to the
provisions of NRS 384.010 to 384.210,
inclusive, shall be punished by a fine of not more than $500 for each offense.
Each day of the violation constitutes a separate offense.
2. The district court of the county in
which any property subject to the provisions of NRS
384.010 to 384.210, inclusive, is located has
jurisdiction to enforce the provisions of NRS 384.010
to 384.210, inclusive, and any regulations or
orders adopted or issued pursuant to the provisions of NRS
384.010 to 384.210, inclusive, and may restrain
by injunction violations thereof.
(Added to NRS by 1969, 1640; A 1979, 642)
NRS 384.210 Appeal to district court from determination of Commission or
Board of Museums and History.
1. Any person aggrieved by a determination
of the Commission, or of the Board of Museums and History made pursuant to
subsection 5 of NRS 384.150, may, within 30 days
after the making of the determination, appeal to the district court of the
county where the property in question is located.
2. The court may reverse the determination
of the Commission if it finds that the reasons given for the determination are
unsupported by the evidence or contrary to law. The proceeding in the district
court is limited to the record made before the Commission.
(Added to NRS by 1969, 1640; A 1981, 1950; 1993, 1596; 2005, 895)
