Nevada Code § 707.575

Procedures and standards for review and approval of application to construct facility; requirements following denial of application; limitations on power of land use authority
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1. Notwithstanding any specific statute or
ordinance to the contrary, a land use authority with jurisdiction over an
application to construct a facility for personal wireless service shall:
(a) Establish procedures and standards for the
review and approval of such an application, including, without limitation,
procedures for:
(1) Review and approval of such an
application by administrative staff pursuant to this section; and
(2) Consideration of such an application
by the land use authority if the administrative staff denies the application;
and
(b) Authorize administrative staff to review and
approve such an application pursuant to this section.
2. The administrative staff authorized to
review and approve an application to construct a facility for personal wireless
service may approve such an application if:
(a) The applicant complies with the procedures
established by the land use authority pursuant to this section;
(b) The facility for personal wireless service
meets the standards established by the land use authority pursuant to this
section;
(c) The applicant is a provider of wireless
telecommunications that is licensed by the Federal Communications Commission to
provide wireless telecommunications services over a designated radio frequency
and authorized to do business in this state; and
(d) The facility for personal wireless service is
to be:
(1) Architecturally integrated with its
surroundings so that it appears to be an architectural feature of a building or
other structure and its nature as a facility for personal wireless service is
not readily apparent;
(2) Collocated with a facility for
personal wireless service approved, or capable of being approved, by the land
use authority, if the facility for personal wireless service that is the
subject of the application is architecturally integrated as described in
subparagraph (1) at least to the extent that the facility for personal wireless
service with which it is to be collocated is architecturally integrated;
(3) Constructed on an existing building or
structure owned by a public utility or on property owned by the State or by a
local government; or
(4) If constructed on an existing building
or structure not owned by a public utility, architecturally compatible with the
building or structure.
3. If the administrative staff authorized
pursuant to this section to review and approve an application to construct a
facility for personal wireless service denies such an application, the
administrative staff shall provide to the applicant and the land use authority
a written explanation that identifies each procedure and standard that the
applicant, application or facility for personal wireless service failed to
meet.
4. The land use authority shall not:
(a) Consider the environmental effects of radio
frequency emissions from a facility for personal wireless service if the
facility complies with the regulations of the Federal Communications Commission
concerning such emissions.
(b) If the application to construct a facility
for personal wireless services requests the use of a public right-of-way, deny
the application based on the use of the public right-of-way if the proposed
use:
(1) Meets all applicable state and local
requirements for use of a public right-of-way, including, without limitation,
any requirements established by the land use authority; and
(2) Does not endanger the public health or
safety.

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