reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.055 - Purchase of property not intended to be used for specific purpose related to operation of airport at time of purchase.

The governing body of a municipality may purchase from any willing seller property for the operation of an airport that is not intended to be used for a specific purpose related to the operation of the airport at the time of the purchase, if the governing body, by resolution, determines that:
1. The property is located in an area which may affect or may be affected by the future development or use of the airport; and
2. The purchase of the property:
(a) Will enhance the general safety or efficiency, or both, of the operation of the airport and its access roadways;
(b) Is required for the assemblage or consolidation of parcels of land within a subdivision that may be necessary for the future development or use of the airport;
(c) Will cost less than any future acquisition of the property; or
(d) Will promote development in the area surrounding the airport and its access roadways which is compatible with the current and future operation of the airport.
(Added to NRS by 1995, 923)
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.070 - Eminent domain: Procedure; damages and costs of removal or relocation.

1. In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by chapter 37 of NRS; but the municipality exercising such power shall, in addition to the damage for the taking, injury or destruction of property, also pay the cost of the removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location.
2. For the purpose of making surveys and examinations relative to any eminent domain proceedings, the municipality may enter upon any land, in accordance with the provisions of NRS 37.050, doing no unnecessary damage.
[6:215:1947; 1943 NCL § 293.25]—(NRS A 1995, 503)
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.080 - Sale, lease or other disposal of municipal airports and related facilities and property.

1. Except as otherwise provided in subsection 2 or as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, or portion thereof or interest therein, acquired pursuant to this chapter.
2. The disposal by sale, lease or otherwise must be:
(a) Except as otherwise provided in subsections 3 and 4, made by public auction; and
(b) In accordance with the laws of this State, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the State or Federal Government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality, and except as otherwise provided in subsections 3, 4 and 5 of NRS 496.090.
3. A board of county commissioners of a county whose population is 55,000 or more may rent or lease to a person, or renew the rental or lease to a person of, a space for the parking or storage of aircraft, including, without limitation, a hangar, on the grounds of a municipal airport that is owned or operated by the county without conducting a public auction and at a price at least equal to the fair market rental or lease value of the space based on an independent appraisal conducted within 6 months before the rental or lease.
4. The governing body of a city whose population is less than 25,000 may rent or lease to a person a space that is less than one-half of an acre for the parking or storage of aircraft on the grounds of a municipal airport that is owned or operated by the city without conducting or causing to be conducted an appraisal or a public auction.
[7:215:1947; 1943 NCL § 293.26]—(NRS A 1967, 716; 2005, 1469, 2680; 2007, 2008, 2839; 2011, 1292)
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.100 - Agent may operate airport; limitations.

Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, a municipality may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality, including without limitation air navigation facilities and any other facilities appertaining to the airport; but no such person shall be granted any authority to operate such an airport other than as a public airport or to enter into any contracts, leases or other arrangements in connection with the operation of the airport which the municipality might not have undertaken under NRS 496.090.
[9:215:1947; 1943 NCL § 293.28]—(NRS A 1967, 717)
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.110 - Liens for repairs, improvements or storage; enforcement.

To enforce the payment of any charges for repairs or improvements to, or storage or care of, any personal property made or furnished by the municipality or its agents in connection with the operation of an airport or air navigation facility owned or operated by the municipality, the municipality shall have liens on such property, which shall be enforceable by the municipality as provided by law.
[10:215:1947; 1943 NCL § 293.29]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.120 - Municipal authority may be vested in municipal officer, board or agency by resolution; powers and duties.

Any authority vested by this chapter in a municipality or in the governing body thereof for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing of airports or other air navigation facilities established, owned or controlled, or to be established, owned or controlled, by the municipality may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution, but the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing shall be a responsibility of the municipality.
[11:215:1947; 1943 NCL § 293.30]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.130 - Municipality may adopt reasonable ordinances and regulations for airport management and operation; enforcement of ordinances or regulations; airports outside municipal limits subject to state and federal law.

1. A municipality that establishes or acquires an airport or air navigation facility may adopt, amend and repeal such reasonable ordinances, resolutions, rules, regulations or orders as it deems necessary for the management, government and use of the airport or air navigation facility under its control, whether situated within or outside of the territorial limits of the municipality.
2. For the enforcement thereof, the municipality may, by ordinance or resolution, as appropriate, appoint airport guards or police with full police powers which must be performed in compliance with the provisions of NRS 171.1223, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. Penalties must be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.
3. A rule, regulation or ordinance must not be adopted, amended or repealed under this chapter, except by action of the governing body of the municipality after a public hearing in relation thereto at which public utilities owning facilities in the areas involved, and other interested persons, have an opportunity to be heard. At least 15 days’ notice of the hearing must:
(a) Be given to all public utilities owning facilities in the area involved; and
(b) Be published in an official paper or a paper of general circulation in the municipality or municipalities in which the airport is located.
This subsection does not apply to ordinances adopted pursuant to NRS 350.579.
4. All ordinances, resolutions, rules, regulations or orders which are issued by the municipality must be kept in substantial conformity with the laws of this State, or any regulations adopted or standards established pursuant thereto, and, as nearly as possible, with the federal laws governing aeronautics and the rules, regulations or standards duly issued thereunder.
5. To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it is subject to federal and state laws, rules or regulations, and under the jurisdiction and control of the municipality controlling or operating it. No other municipality has any authority to charge or exact a license fee or occupation tax for operations thereon.
[12:215:1947; 1943 NCL § 293.31]—(NRS A 1977, 277; 1987, 500; 2001, 1870)
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.140 - Municipal power to tax and appropriate money for purposes of chapter.

The governing body of any municipality having power to appropriate and raise money is authorized to appropriate, and to raise by taxation or otherwise, sufficient moneys to carry out the provisions and purposes of this chapter.
[13:215:1947; 1943 NCL § 293.32]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.150 - Issuance of general obligation and revenue bonds to pay costs of acquisition and development.

To defray the cost of planning and acquiring, establishing, developing, constructing, enlarging, improving or equipping an airport or air navigation facility, or the site therefor, including buildings and other facilities incidental to the operation thereof, and the acquisition or elimination of airport hazards, or any combination thereof, the governing body may, at any time or from time to time, in the name and on the behalf of the municipality, issue:
1. General obligation bonds, payable from taxes;
2. General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of net revenues or gross revenues derived from the operation of all or any part of the airport or any facilities appertaining thereto; and
3. Revenue bonds constituting special obligations and payable from such net revenues or gross revenues.
[14:215:1947; 1943 NCL § 293.33]—(NRS A 1965, 1256; 1967, 717; 1981, 964)
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.155 - Issuance of municipal securities pursuant to Local Government Securities Law; entry into contracts of purchase, medium-term obligations and installment-purchase agreements.

1. Subject to the provisions of subsections 2 and 3 and NRS 496.150, for any undertaking authorized in NRS 496.150, the governing body of a municipality, as it determines from time to time, may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated, and evidence the obligations by the issuance of bonds and other municipal securities, and in connection with the undertaking or the municipal airport, including, without limitation, air navigation facilities and other facilities appertaining to the airport, the governing body may otherwise proceed as provided in the Local Government Securities Law or as provided in subsections 4 and 5.
2. General obligation bonds, whether or not their payment is additionally secured by a pledge of net revenues, must be sold as provided in the Local Government Securities Law.
3. Revenue bonds may be sold at a public sale as provided in the Local Government Securities Law or at a private sale.
4. The governing body may by resolution acquire real property for the expansion of airport or air navigation facilities by entering into contracts of purchase, of a type and duration and on such terms as the governing body determines, including, without limitation, contracts secured by a mortgage or other security interest in the real property. The governing body may not use any revenue derived from taxes ad valorem to pay for the acquisition, and the obligation under the contract does not constitute a general obligation of the municipality or apply against any debt limitation pertaining to the municipality.
5. The governing body may by resolution enter into a medium-term obligation or installment-purchase agreement for any undertaking authorized in NRS 496.150 and issue negotiable instruments without regard to the requirements specified in:
(a) Paragraphs (a) and (b) of subsection 2 of NRS 350.091; and
(b) Subsections 1 and 2 of NRS 350.089, unless the financing is to be repaid from the proceeds of a special tax exempt from limitations on taxes ad valorem.
(Added to NRS by 1965, 1256; A 1967, 718; 1979, 1123; 1981, 1929; 1987, 501; 1995, 1827; 2001, 2336)
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.160 - Validation of prior municipal bonds and action.

1. Any acquisition of property heretofore made, within or without the limits of any municipality or the State, for the purposes authorized by this chapter, and any other action heretofore taken by a municipality in furtherance of such purposes, including but not limited to the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state or other grants or loans, the issuance and payment of bonds and notes, the execution of leases and contracts, which acquisition or action would have been authorized had this chapter been in effect at the time of such an acquisition or action, is hereby ratified and made valid.
2. All bonds and notes heretofore issued in furtherance of purposes authorized by this chapter and actions ratified by this section are confirmed as legal obligations of the municipality, and, without prejudice to the general powers granted to the municipality by this chapter, such municipality is hereby authorized to issue further bonds and notes for such purposes up to the limit fixed in the original authorization therefor, which bonds and notes shall be legal obligations in accordance with their terms.
[15:215:1947; 1943 NCL § 293.34]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.170 - Airport fund.

The revenues obtained by a municipality from the ownership, control or operation of any airport or air navigation facility, including proceeds from the sale of any airport or portion thereof or air navigation facility property, shall be deposited in a special fund to be designated the ".............................. airport fund," which revenues shall be appropriated solely to, and used by the municipality for, the purposes authorized by this chapter.
[16:215:1947; 1943 NCL § 293.35]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.180 - Municipality authorized to accept and expend federal and state money; terms and conditions of grants or loans.

1. Every municipality is authorized to accept, receive, receipt for, disburse and expend federal and state moneys and other moneys, public or private, made available by grant or loan, or both, to accomplish, in whole or in part, any of the purposes of this chapter.
2. All federal moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the United States and as are consistent with state law. All state moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the State.
3. Unless otherwise prescribed by the agency from which such moneys were received, the chief financial officer of the municipality shall, on its behalf, deposit all moneys received pursuant to this section, and shall keep them in separate funds designated according to the purposes for which the moneys were made available, in trust for such purposes.
[17:215:1947; 1943 NCL § 293.36]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.210 - Joint exercise of powers by public agencies and municipalities.

1. For the purposes of this section, unless otherwise qualified:
(a) "Public agency" includes municipality, as defined in this chapter, any agency of the State Government and of the United States, and any municipality, political subdivision, and agency of another state.
(b) "Governing body" means the governing body of a county or municipality, and the head of the agency if the public agency is other than a county or municipality.
2. All powers, privileges and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. If not otherwise authorized by law, any agency of the State Government when acting jointly with any municipality may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a municipality.
[20:215:1947; 1943 NCL § 293.39]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.220 - Agreements of public agencies for joint action: Mandatory and permissive provisions.

1. Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of this section. Concurrent action by ordinance, resolution or otherwise of the governing bodies of the participating public agencies shall constitute joint action.
2. Each agreement shall specify:
(a) Its duration.
(b) The proportionate interest which such public agency shall have in the property, facilities and privileges involved.
(c) The proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement and equipment of the airport or air navigation facility.
(d) The proportion of the expenses of maintenance, operation, regulation and protection thereof to be borne by each.
(e) Such other terms as are required by the provisions of this section.
3. The agreement may also provide for:
(a) Amendments thereof.
(b) Conditions and methods of termination of the agreement.
(c) The disposal of all or any of the property, facilities and privileges jointly owned, prior to or upon the property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter, or upon termination of the agreement.
(d) The distribution of the proceeds received upon any such disposal, and of any funds or other property jointly owned and undisposed of.
(e) The assumption or payment of any indebtedness arising from the joint venture which remains unpaid upon the disposal of all assets or upon a termination of the agreement.
(f) Such other provisions as may be necessary or convenient.
[21:215:1947; 1943 NCL § 293.40]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.240 - Joint fund.

1. For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of this chapter, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Each of the constituent public agencies shall provide its share of the fund from sources available to each.
2. Any federal, state or other contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund.
3. Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in NRS 496.230.
[23:215:1947; 1943 NCL § 293.42]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.250 - Actions declared to be public and governmental functions; immunity.

1. The acquisition of any land or interest therein pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers herein granted to municipalities and other public agencies, to be exercised severally or jointly, are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity; and, in the case of any county, are declared to be county functions and purposes as well as public and governmental; and, in the case of any municipality other than a county, are declared to be municipal functions and purposes as well as public and governmental.
2. All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity, and, in the case of a county or municipality, for county or municipal purposes, respectively.
3. No action or suit shall be brought or maintained against any county, municipality, or its officers, agents, servants or employees for damages arising from tort occurring in or about the construction, maintenance, operation, superintendence, or management of any county or municipal airport, at such times as such airport may be leased to, operated by, or otherwise under the control or management of any individual or private corporation operating or managing the same for private gain; but nothing in this subsection shall relieve any county or municipality of liability for such damages if the airport is operated or managed by the county or municipality or their employees.
[24:215:1947; A 1951, 473]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.260 - Property and income exempt from taxation.

1. Any property in this state acquired by a municipality for airport purposes pursuant to the provisions of this chapter, and any income derived by such municipality from the ownership, operation or control thereof, shall be exempt from taxation to the same extent as other property used for public purposes.
2. Any municipality is authorized to exempt from municipal taxation any property acquired within its boundaries by a public agency of another state for airport purposes, and any income derived from such property, to the extent that such other state authorizes similar exemptions from taxation to municipalities of this state.
[25:215:1947; 1943 NCL § 293.44]
2023 Nevada Revised Statutes › Chapter 496 - Municipal Airports › NRS 496.290 - Uniformity of interpretation and construction of chapter.

This chapter shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this State and other states and of the Government of the United States having to do with the subject of municipal airports.
[28:215:1947; 1943 NCL § 293.47]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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,
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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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)
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]
2023 Nevada Revised Statutes › Chapter 497 - Zoning › 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]