NYE COUNTY AGENDA INFORMATION FORM

NYE COUNTY AGENDA INFORMATION FORM
Action
C ) Presentation
0 Presentation & Action
Department: Planning
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Category: Timed Agenda Item - 1:30 p.m.
Contact: Cheryl Beernan
Return to: Cheryl Beeman
April 19, 2006
Phone: 775-751-4029
Location: Pahrump Planning
Continued from meeting of:
Phone: 775-751-4029
Action requested: (Include what, with whom, when, where, why, how much ($) and terms)
Public Hearing, discussion, deliberation and possible decision to adopt, amend and adopt, or reject
Bill No. 2006-01: A Bill proposing to amend Nye County Code 17.04, the Pahrump Regional
Planning District Zoning regulations, by revising Section 7.04.1 10 to include Cemetery and Funeral
and Interment Services; Revising Sections 17.04 210, and 215, to add Human Cemeteries as a Use
Subject to a Conditional Use Permit, Revising Sections 220, 225, 230, 310, 320 to add Human
Cemeteries as a Use Subject to a Conditional Use Permit and Revising 17.04.700 to add Conditions
and Safeguards for Human Cemeteries and other matters properly related thereto.
Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing
county policy, future goals, obtained by competitive bid, accountability measures)
In reviewing the current ordinance it was discovered that Human Cemeteries are not listed as a
permissive use or as a use allowed by Conditional Use Permit in any zoning district, which is
considered an oversight. The purpose of this Bill is to provide zoning districts whereby persons
would be permitted to establish cemeteries and mortuaries.
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Any information provided after the agenda is published or during the meeting of the Commissioners will require you to
provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for
the County Manager. Contracts or documents requiring signature must be submitted with three original copies.
I,
Expenditure Impact by FY(s): (Provide detail on Financial Form)
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No financial impact
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NYE COUNTY BOARD OF COUNTY COMMISSIONERS
PLANNING DEPARTMENT STAFF REPORT
Meeting Date: April 19, 2006
Agenda Item: Bill No. 2006-01: A Bill proposing to amend Nye County Code 17.04, the Pahrump
Regional Planning District Zoning regulations, by revising Section 7.04.1 10 to include Cemetery and
Funeral and Interment Services; Revising Sections 17.04 210, and 215, to add Human Cemeteries as a
Use Subject to a Conditional Use Permit, Revising Sections 220, 225, 230, 310. 320 to add Human
Cemeteries as a Use Subject to a Conditional Use Permit and Revising 17.04.700 to add Conditions and
Safeguards for Human Cemeteries and other matters properly related thereto
Staff Recommendation: That the Board consider the information provided and determine whether or not
to adopt as written, a m ~ n dand adapt or do not adapt.
Prepared By: Cheryl Beeman, Acting Planning Director
Required Vote: A simple majority vote ofthe members to adopt.
GENERAL INFORiVlATION SUMMARY
1
Case History: In reviewing the current ordinance it was discovered that Human Cemeteries or
interment services are not listed as a permissive use or as a use allowed by Conditional Use Permit in
any zoning district, which is considered an oversight. The purpose of this Bill is to provide zoning
districts whereby persons would be permitted to establish cemeteries and interment services.
At the February 15, 2006 RPC meeting the RPC heard public comments related to allowing family
cemetery plots. Commissioner Cox indicated that subject had been presented to the BOCC before and it
had been denied.
Several Planning Commissioners felt that cemeteries should be placed in commercially zoned areas by
conditional use permit. The Planning Commissioners also expressed concerns over distances of burial
sites to wells. septic systems and other water sources. The Planning Commission reviewed the revised
bill at their March 15, 2006 meeting and had concerns reiated to the distance between wells and burial
sites and it was suggested that the size of a public cemetery should be increased from 5-acres to 15acres.
At the March 22, 2006 BOCC meeting the Board set the date and time for the first public hearing on this
Biil ibr April 19, 2006.
NEVADA MGULATIONS SURVEY
Clark Countv Code:
Cerneterq - 1s a Specla1 or Corilditional Use m ail Zoning Drstricts except for the Urban V~ilagedlstnct
subject to.
I . Mm~mum5-acre slte
2. Must fili-ont on a collector or arterial sweet.
Funeral Home - 1s a Special Use Pennit in the followtt~gdistricts. R-L, R-A, RE, R-D, R-1, R-T, R-2,
RC'D, R-3, R-4, R-5, CRT, C-P, 0-S, H-2, P-F, RVP, U-V & H-1, and is a permitted use
in the following districts; C-1. C-2, M-l3, & M-1
Washoe County Code:
Cemetery - is an Allowed Use in the PSP (PubliciSemi-Public Facilities) district, an Administrative
Review Permit in the GR (General Rural) district, a Special Use Permit in the GC district, and
is a permitted use in the following districts; LDR, MDR, HDR.
Undertaking - is an Allowed Use in the GC and NC districts.
NRS 451.067 Designation of family cemetery; notification of Health Division of designation.
1. The board of county commissioners of a county whose population is less than 50,000 may adopt an
ordinance allowing one or more natural persons to designate as a family cemetery an area of land owned
by any of those persons for the interment in that area without charge of any member of the family of any
of them or any other person.
2. Before the first tnterment m a famtly cemetery designated ir, accordance with an ordinance adopted
pursuant to subsection 1, a member of the family or a representative of the family shall notify the Health
Division of the Department of Human Resources of the designation of the family cemetery and its
specific location on the land owned by the family.
EXISTING FACILITIES IN THE PRPD
There are currently four (4) properties within the PRPD that the Assessor's office identifies with
funeral or interment related facilities.
Those parcels are:
/ APN:
38-271-19
45-391-08
44-5 1 1 -28
I OWNER
Town of Pahrump
Sharon Lee Allen
M~ldred L. &
/
ACREAGE
10.02
2.20
8.97
I LAND USE
CLASSIFICATION
GC
LDR
LDR
I CURRENT
ZONING
OU
OU
OU
BILL NO. 2006-0 1
NYE COUNTY ORDINANCE NO. -
SUMMARY:
TITLE:
A Bill proposing to amend Nye
County Code 17.04, the Pahrump
Regional Planning District Zoning
regulations, by revising Section
7.04.110 to include Cemetery and
Funeral and Interment Services;
Revising Sections 17.04 210, and 21 5,
to add Human Ceneteries as a Use
Subject to a Conditional Use Pennit,
Revising Sections 220, 225, 230, 310,
320 to add Human Cemeteries as a
Use Subject to a Conditional Use
Pennit and Revising 17.04.700 to add
Conditions and Safeguards for Human
Cemeteries and other matters properly
related thereto
A BILL PROPOSING TO AMEND NYE COUNTY CODE 17.04, THE PAHRUMP
REGIONAL PLANNING DISTRICT ZONING REGULATIONS, BY REVISING
SECTION 17.04.100, TO INCLUDE CEMETERY AND FUNERAL AND
INTERMENT SERVICES; REVISING SECTIONS 17.04.210 AND 2 15, THE RURAL
HOMESTEAD RESIDENTIAL 9.5 AND 4.5 DISTRICTS TO ADD HUMAN
CEMETERIES AS A USE SUBJECT TO A CONDITIONAL USE PERMIT,
REVISING SECTIONS 220, 225 THE RURAL ESTATES RESIDENTIAL 2 AND 1
DISTRICTS TO ADD HUMAN CEMETERIES AS A USE SUBJECT TO A
CONDITIONAL USE PERMIT, REVISING SECTION 230 THE SUBURBAN
ESTATES DISTRICT TO ADD HUMAN CEMETERIES AS A USE SUBJECT TO A
CONDITIONAL USE PERMIT, REVISING SECTION 310 NEIGHBORHOOD
COMMERCIAL DISTRICT AND SECTION 320 GENERAL COMMERCIAL
DISTRICT TO ADD HUlvfAN CEMETERIES AS A USE SUBJECT TO A
CONDITIONAL USE PERMIT; PROVIDING FOR AN EFFECTIVE DATE, AND OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, pursuant to NRS 278.020, for the purpose of promollng the health. safety and the
general welfare of the residents of Nye County, the Nqe County Board of County Coinmissloners (Board) is
authorized and empowered to regulate and restrict the Iaprovernent of land an3 to control the locai~onand
soundness of structures; and
WHEREAS. any such reguiatloa, restriction and control must take into account the potentrai
Impalment of natural resources and the total population wh~chthe avallabie natural resources will support
w~thoutunreasonable impairment; and
WHEREAS, on June 16,2004 the Board adopted Ordtnanee No. 285, amending the Zonlng
Ordinance of the Pahruinp Regional Planning District, Chapter 17.04 of the Kye County Code; and
WHEREAS, the Board finds that it was an oversight to omit Human Cemeteries and Funeral and
Interment Services from the Zoning Regulations.
NOW, THEREFORE; the Board of County Commissioners of the County of Nye. State of Nevada.
does hereby adopt, promulgate and order compliance therewith within the Pahrump Regional Planning
District, the following amendments and regulations:
NYE COUNTY CODE CHAPTER 17.04 IS AMENDED AS FOLLOWS:
NCC Section 17.04.110 Amended as follows:
(NOTE:
indicates deletions, :rtrdcr!:::ed text indicates additions):
C'exneter~.I,anrl cics~gnatec?and ubeci tilr the miernlent of the dead. ~nciuciinrlcolumhal-~um\
crematorrnms, ~t~atixoleums.
and n?oflua~i~__u
hen operated 111 conlunctlqri ~ ~andt wlth~n
h
the hoi~~idarv
of
such cemetery.
Funeral_and Interment S e n iccr, T,stabirsi~mcntsprlmaniy cneaged m tlic provlslctn of sen ices olt mr;
the care. preparatron or disposr~lonofhnrnan ctead other than In cerrletetles T ~ p ~ cusec
a l ~ncl~tc-ie
crernatones. colurnbar~ums,mausoleums or rnortnanes. The tern1 mo-itnary shall ~nclucieprepalatl<?xland
temDoral-\, storage ofthc dead wilrle alxialtirin mternzent. X piace v, here onlv rnotlrning and trrbailzatlons
ofrc~pectarc ~e:ii~rrxxed,
hilt \+here no prepai-atlon ofthe dead occurs shall hc coniidcled R e j ~ ~ i o u s
i2siemhiv.
17.04.210
RH-9.5 RURAL HOMESTEAD RESDIENTIAL
E. Uses Subject to a Conditional Use Permit. The following are subject to a conditional use permit as
provided for in Article V and VIII of this chapter:
17.04.215
RH-4.5 RURAL HOMESTEAD RESDIENTIAL
E. Uses Subject to a Conditional Use Permit. The following are subject to a conditional use permit as
provided for in Article V and VIII of this chapter:
i 7.04.220
RE-2 RUAI ESTATES RESDTENTIAL
E. Uses Subject to a Condltlonal Use Pcrmlt. The followlng are subject to a condrtlonal use pemllt as
pro~ldedfor 1n Arilcle V and trIii of this chapter.
17.04.225
Rk-1 RURAL bS'a?A'l kS RkSDIENTIAL
E. Uses Subject to a Condltronal Use Permd. The followlng are subject to a condlt~onaluse permlt as
prov~dedfor m Article V and VIII of thls chapter:
17.04 230
Sb-SL BURBAN ESTATES RESDIENTIAL
E. Uses Subject to a Conditional Use Permit. The following are subject to a conditional use permit as
provided for in Article V and VIII of this chapter:
17.04.310
NC -NEIGHBORHOOD COMMERCIAL
E. Uses Subject to a Conditional Use Permit. The following are subject to a conditional use permit as
provided for in Article V and VIII of this chapter:
17.04.320
D.
GC - GENERAL COMMERCItZL
Permissive Uses.
1 uncral and interment S e w ~ c c s
17.04.700
as follows:
CONDITONS AND SAFEGUARDS FOR CONDITIONAL USE PERMITS IS amended
Cci~~eterxes.
Xluman. Thc li,llo\vlng cnndrrronr and s't:"egndr& sha!L be used m dccrd~ngupon
apnl~cat~oris
for lhls use:
a. All reyulrcmerlts offhe \a ada Ilex lsed Statiites regardlng the iateriz'rent of 1ulrr;an dead shall he
a
b. h zmnmlum lot strc <ti' 15-acrc\ 1s p
Must front onto a collector or arterial street.
d. '1 here shall he a 17-foot landscape buffer around the Denrrretcr of the proDefl\:
1. If cham link fencing rr collstrocted along the properlv lrile. Irtndscape buffcr nrav be recilrced to
8-fcct. iAandscapingsf~aiibc placed iili tlic street szdc of the fci~cc.
11. i t a iiccnrattsi: block \\ail xi, constructed along the praiperty Irile, iandscapc buffer tna\ i35
rcdnced to 6-feet I,andsca~~n.q
slial! be placed on the strect sick ofthc Zei:ce
I here shall be acie~nate5pace mithin the site for the parkln~arrd maneil.*enna of lirneral corteges.
2
i: h o rntcrnleilt \hail tcrki. place \+r'ihin 35 fcet o f any property ltnc.
e. Ail itructilrns shall bc wbitck cl rrrlillmiini of 25 :kc%from anv ;ot iine.
h. I,ocat~;-nm u d bc & r n ~ z ~ ~ 150-fket
m t i ~ ~(rai11ztI
~
ofiiet) from 2 % ~
pnvate OI- ~ublzcwater \ourcc$
creek
bed.
or
s
p
n
u
--
c.
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,
Effective Date. This Ordinance shall be in full force and effect from and after passage, approval, and
,2006.
publication as required by law, to wit, from and after the -day of
Proposed on the
'" day of
.2006.
Proposed b> Ccmm~ss~oner
Adopted on the -day of
Vote:
,2006.
Ayes:
Commlssloners:
Kays:
Commissioners:
Absent:
Commtss~oners:
ATTEST:
BY:
Candice Trummell, Chairperson
Nye County Board of
Sandra "Sam" Merlino
Clerk and Ex-Officio
County Commissioners
Clerk of the Board
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