SUMMARY--Makes various changes regarding planning and zoning by local governments. (BDR 22-835)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

AN ACT relating to local governments; allowing a local government to authorize a planning commission or certain persons to make decisions relating to certain planning and zoning matters; providing a procedure for an appeal of such decisions; revising the provisions governing the acquisition, vacation or abandonment of certain real property by a local government; requiring that certain signs remain erected until the final disposition of certain applications; expanding the duties of a hearing examiner; revising the requirements relating to final maps and maps of reversion; authorizing approval of the vacation or abandonment of a street or easement in conjunction with approval of a tentative map; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

6. In addition to mailing the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for [10] 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
7. A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of [any] a local ordinance regarding the size, placement or composition of signs to the contrary.
8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed [any] a sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 5 NRS 278.265 is hereby amended to read as follows:
278.265 1. [Any] An ordinance enacted pursuant to the provisions of NRS 278.264 must provide, in substance, the same notice of hearing [and conduct of hearing safeguards] required by [chapter 233B of NRS for contested cases.] NRS 278.315.
2. The governing body shall , by ordinance , set forth the duties and powers of the hearing examiner, including a statement of whether the hearing examiner may take final action on [any] a matter assigned to him by the governing body.
3. The governing body may [only] authorize the hearing examiner to take final action on matters relating to [variances.
3.] a variance, vacation, abandonment, special use permit, conditional use permit and other special exception or application specified in the ordinance.
4. The governing body shall not authorize the hearing examiner to take final action on matters relating to a zoning classification, zoning district or an amendment to a zoning boundary or any other matter not specified in subsection 3.
5. An ordinance adopted pursuant to NRS 278.264 must set forth the manner in which an applicant or protestant may appeal [any] a final action taken by the hearing examiner to the governing body.
Sec. 6 NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits , conditional use permits or other special exceptions by the board of adjustment , [or] the planning commission [.] or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board [of adjustment or the planning commission,] , commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits , conditional use permits or special exceptions by the board [or commission.] , commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit , conditional use permit or special exception must be held before the board , [or] commission or examiner within 65 days after the filing of the application. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) [Any] An advisory board which has been established for the affected area by the governing body.
The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to each owner, as listed on the county assessor's records, of at least 30 parcels nearest to the property in question. The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board , [or] commission or examiner to the governing body.
5. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to mailing the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for [10] 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing permitted use and zoning designation of the property in question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to obtain additional information.
6. A sign required pursuant to subsection 5 is for informational purposes only, and must be erected regardless of [any] a local ordinance regarding the size, placement or composition of signs to the contrary.
7. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 5, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
8. The governing body shall remove or cause to be removed [any] a sign required by subsection 5 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 7 NRS 278.360 is hereby amended to read as follows:
278.360 1. Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:
(a) Unless the time is extended, the subdivider shall present to the governing body, or planning commission if it has been authorized to act finally, [a] within 2 years after the approval of a tentative map:
(1) A final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved [, or one of] ; or
(2) The first of a series of final maps covering a portion of the approved tentative map. The subdivider shall present a successive map in a series of final maps, each covering a portion of the approved tentative map, [within 1 year or] within successive 1-year periods after the date of approval of the [tentative map.] latest final map in the series.
(b) If the subdivider fails to record a final map for [any] a portion of the tentative map within [1 year] 2 years after the date of approval of the tentative map, or within 1 year after the date of approval of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
(c) The governing body or planning commission may grant an extension of not more than 1 year for the presentation of [any] a final map after the 1-year period for presenting [the entire final map or next] a successive final map has expired.
2. If the subdivider is presenting in a timely manner a series of final maps, each covering a portion of the approved tentative map, no requirements other than those imposed on each of the final maps in the series may be placed on the map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws which affect the public health, safety or welfare.
Sec. 8 NRS 278.380 is hereby amended to read as follows:
278.380 1. Upon receipt of the final map, the governing body or planning commission [shall, at its next meeting,] or , by authorization of the governing body, the director of planning or other authorized person or agency, shall within a period of not more than [10] 30 days after the map is [filed with] received by the governing body , [or] planning commission [,] or the director of planning or other authorized person or agency, approve the map if it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and of any local ordinance applicable at the time of approval of the final map, or any rulings made thereunder.
2. The governing body , [or] planning commission or director of planning or other authorized person or agency shall at that time also accept or reject [any or] all offers of dedication and may, as a condition precedent to the acceptance of [any] streets or easements, require that the subdivider improve or agree to improve the streets or easements.
3. If an agreement for a required improvement is entered into, the governing body or planning commission may require that the agreement be secured by a good and sufficient bond or other security in the amount determined by the governing body , [or] planning commission [.] or director of planning or other authorized person or agency.
4. Any requirement imposed by the planning commission, director of planning or other authorized person or agency pursuant to this section may by appealed to the governing body. If such an appeal is filed, the limit on time to approve or disapprove a final map in subsection 1 is extended until 10 days after the decision of the governing body on the appeal.
Sec. 9 NRS 278.385 is hereby amended to read as follows:
278.385 The governing body , [or] planning commission or director of planning or other authorized person or agency shall not approve any final map for a subdivision served by a public water system which it receives after May 15, 1977, unless the subdivider has submitted plans which provide for the installation of water meters or other devices which will measure water delivered to each water user in the subdivision.
Sec. 10 NRS 278.480 is hereby amended to read as follows:
278.480 1. Except as otherwise provided in subsection 10, [any] an abutting owner or local government desiring the vacation or abandonment of [any] a street or easement owned by a city or a county, or [any] a portion thereof, shall file a petition in writing with the planning commission or [, if there is no planning commission, with] the governing body having jurisdiction.
2. [If there is a planning commission, it shall report on the petition to the governing body as set forth in NRS 278.240.] The governing body may establish by ordinance a procedure by which, after compliance with the procedural requirements of this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.
3. Whenever [any] a street or an easement owned by a city or a county is proposed to be vacated, the governing body or planning commission shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.
4. Except as provided in subsection 5, if, upon public hearing, the governing body or planning commission is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body or planning commission may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or protestant aggrieved by a decision of the planning commission pursuant to this section may appeal the decision to the governing body.
5. If a utility has an easement over the property, the governing body or planning commission shall provide in its order for the continuation of that easement.
6. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to [any] a person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
7. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against [any] a determination of reasonable consideration which did not take into account the public benefit.
8. If an easement for light and air owned by a city or a county is adjacent to a street vacated [under] pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.
9. In [any] a vacation or an abandonment of [any] a street owned by a city or a county, or [any] a portion thereof, the governing body or planning commission may reserve and except therefrom [any] all easements, rights or interests therein which the governing body or planning commission deems desirable for the use of the city or of [any] a public utility.
10. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.
Sec. 11 NRS 278.490 is hereby amended to read as follows:
278.490 1. [Any] An owner or a governing body desiring to revert [any] a recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to revert the map or portion thereof , or to revert more than one map, shall submit a written application accompanied by a map of the proposed reversion which contains the same survey dimensions as the recorded map or maps to the governing body or, if authorized by local ordinance, to the planning commission or other authorized person. The application must describe the requested changes.
2. At its next meeting, or within a period of not more than [15] 30 days after the filing of the map of reversion, whichever occurs later, the governing body or, if authorized by local ordinance, the planning commission or other authorized person shall review the map and approve, conditionally approve or disapprove it.
3. Except for the provisions of this section, NRS 278.4955, 278.496 and 278.4965 and [any] a provision or local ordinance relating to the payment of fees in conjunction with filing, recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of reversion of a former map or for reversion of [any] a division of land to acreage.
4. Upon approval of the map of reversion, it must be recorded in the office of the county recorder. The county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 12 NRS 278.4955 is hereby amended to read as follows:
278.4955 1. The map of reversion submitted pursuant to NRS 278.490 must contain [the report and] the appropriate certificates required by NRS 278.376 and 278.377 for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965. If the map includes the reversion of [any] a street or an easement owned by a city, a county or the state, the provisions of NRS 278.480 must be followed before approval of the map.
2. The final map of reversion must be:
(a) Prepared by a professional land surveyor registered pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map or maps that [is] are being reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate information which is sufficient to identify clearly the recorded map or maps being reverted.
(b) Clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.
3. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
4. The scale of the final map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.
5. The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.