USA Statutes : nevada
Title : Title 33 - LIBRARIES; MUSEUMS; HISTORIC PRESERVATION
Chapter : CHAPTER 384 - HISTORIC DISTRICTS
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 to 384.210 ,
inclusive, may be cited as the Comstock Historic District Act.
(Added to NRS by 1969, 1635; A 1977, 1212; 1979, 638)
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)
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 484.069 , mobile home as defined in NRS 484.0795 , 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 )
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)
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 Department of Cultural Affairs.
(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 Chairman and
another as Vice Chairman, 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 )
1. Meetings of the Commission shall be held at such times and
places as the Chairman 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)
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.
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 )
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
)
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)
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)
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)
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 )
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 )
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 his designated representative.
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 )
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 )
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 )
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 him 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 )
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 Trust Fund for the Comstock Historic District which
is hereby created in the State Treasury. The Fund must be administered by
the Commission. Any interest earned on the money in the Fund must be
credited to the Fund. The money deposited in the Fund 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)
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)
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
)
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)
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
)
