Senate Bill No. 176–Committee on Government Affairs
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding
thereto a new section to read as follows:
If a governing body or other entity causes notice of a hearing
to be provided pursuant to NRS 278.0215, 278.147, 278.260,
278.315, 278.4789 or 278.480, the governing body or other entity
shall retain:
1. A copy of the notice;
2. A list of the persons or governmental entities to which the
notice was addressed; and
3. A record of the date on which the notice was deposited in
the United States mail, postage prepaid, or, if applicable, sent by
electronic means.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and
section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 278.0105 to 278.0195, inclusive,
have the meanings ascribed to them in those sections.
Sec. 3. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner
in which zoning regulations and restrictions and the boundaries of
zoning districts are determined, established, enforced and amended.
2. A zoning regulation, restriction or boundary , or an
amendment thereto , must not become effective until after
transmittal of a copy of the relevant application to the town board,
citizens’ advisory council or town advisory board pursuant to
subsection 5, if applicable, and after a public hearing at which
parties in interest and other persons have an opportunity to be
heard. The governing body shall cause notice of the time and place
of the hearing to be:
(a) Published in an official newspaper, or a newspaper of
general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is
located within 300 feet of the property in question,at least 10 days
before the hearing.
3. If a proposed amendment involves a change in the boundary
of a zoning district in a county whose population is less than
[400,000,] 100,000, the governing body shall, to the extent this
notice does not duplicate the notice required by subsection 2, cause
a notice of the hearing to be sent at least 10 days before the hearing
to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of
real property located within 300 feet of the portion of the boundary
being changed;
(c) The owner, as listed on the county assessor’s records, of each
of the 30 separately owned parcels nearest to the portion of the
boundary being changed, to the extent this notice does not duplicate
the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the
affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom
notice must be provided pursuant to paragraphs (a) to (d), inclusive,
by electronic means if receipt of such an electronic notice can be
verified, and must be written in language which is easy to
understand. The notice must set forth the time, place and purpose of
the hearing and a physical description of[,] or a map detailing[,]
the proposed change, must indicate the existing zoning designation
[,] and the proposed zoning designation[,] of the property in
question, and must contain a brief summary of the intent of the
proposed change. If the proposed amendment involves a change in
the boundary of the zoning district that would reduce the density or
intensity with which a parcel of land may be used, the notice must
include a section that an owner of property may complete and
return to the governing body to indicate his approval of or
opposition to the proposed amendment.
4. If a proposed amendment involves a change in the boundary
of a zoning district in a county whose population is [400,000]
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 of the hearing to be sent at least 10 days before the hearing
to:
(a) The applicant;
(b) Each owner, as listed on the county assessor’s records, of
real property located within [500] 750 feet of the portion of the
boundary being changed;
(c) The owner, as listed on the county assessor’s records, of each
of the 30 separately owned parcels nearest to the portion of the
boundary being changed, to the extent this notice does not duplicate
the notice given pursuant to paragraph (b); [and]
(d) Each tenant of a mobile home park if that park is located
within 750 feet of the property in question; and
(e) Any advisory board which has been established for the
affected area by the governing body.
The notice must be sent by mail or, if requested by a party to whom
notice must be provided pursuant to paragraphs (a) to [(d),] (e),
inclusive, by electronic means if receipt of such an electronic notice
can be verified, and must be written in language which is easy to
understand. The notice must set forth the time, place and purpose of
the hearing and a physical description of[,] or a map detailing[,]
the proposed change, must indicate the existing zoning designation
[,] and the proposed zoning designation[,] of the property in
question, and must contain a brief summary of the intent of the
proposed change. If the proposed amendment involves a change in
the boundary of the zoning district that would reduce the density or
intensity with which a parcel of land may be used, the notice must
include a section that an owner of property may complete and
return to the governing body to indicate his approval of or
opposition to the proposed amendment.
5. If an application is filed with the governing body and the
application involves a change in the boundary of a zoning district
within an unincorporated town that is located more than 10 miles
from an incorporated city, the governing body shall, at least 10 days
before the hearing on the application is held pursuant to subsection
2, transmit a copy of any information pertinent to the application to
the town board, citizens’ advisory council or town advisory board,
whichever is applicable, of the unincorporated town. The town
board, citizens’ advisory council or town advisory board may make
recommendations regarding the application and submit its
recommendations before the hearing on the application is held
pursuant to subsection 2. The governing body or other authorized
person or entity conducting the hearing shall consider any
recommendations submitted by the town board, citizens’ advisory
council or town advisory board regarding the application and,
within 10 days after making its decision on the application, shall
transmit a copy of its decision to the town board, citizens’ advisory
council or town advisory board.
6. [If] In a county whose population is 400,000 or more, if a
notice is required to be sent pursuant to subsection 4:
(a) The exterior of a notice sent by mail; or
(b) The cover sheet, heading or subject line of a notice sent by
electronic means,
must bear a statement , in at least 10-point bold type or font , in
substantially the following form:
OFFICIAL NOTICE OF PUBLIC HEARING
7. In addition to sending the notice required pursuant to
subsection 4, in a county whose population is 400,000 or more, the
governing body shall, 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 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.
8. A sign required pursuant to subsection 7 is for informational
purposes only, and must be erected regardless of any local
ordinance regarding the size, placement or composition of signs to
the contrary.
9. 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 7, if any. The additional fee is not
subject to the limitation imposed by NRS 354.5989.
10. The governing body shall remove or cause to be removed
any sign required by subsection 7 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.
11. If a proposed amendment involves a change in the
boundary of a zoning district in a county whose population is
400,000 or more that would reduce the density or intensity with
which a parcel of land may be used and at least 20 percent of the
property owners to whom notices were sent pursuant to subsection
4 indicate in their responses opposition to the proposed amendment,
the governing body shall not approve the proposed amendment
unless the governing body:
(a) Considers separately the merits of each aspect of the
proposed amendment to which the owners expressed opposition;
and
(b) Makes a written finding that the public interest and necessity
will be promoted by approval of the proposed amendment.
12. The governing body of a county whose population is
400,000 or more shall not approve a zoning regulation, restriction
or boundary, or an amendment thereof, that affects any
unincorporated area of the county that is surrounded completely by
the territory of an incorporated city without sending a notice to the
governing body of the city. The governing body of the city, or its
designee, must submit any recommendations to the governing body
of the county within 15 days after receiving the notice. The
governing body of the county shall consider any such
recommendations. If the governing body of the county does not
accept a recommendation, the governing body of the county, or its
authorized agent, shall specify for the record the reasons for its
action.
Sec. 4. 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, the
planning commission or a hearing examiner appointed pursuant to
NRS 278.262. The governing body may impose this duty entirely
on the board, 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,
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 of adjustment, planning
commission or hearing examiner within 65 days after the filing of
the application, unless a longer time or a different process of review
is provided in an agreement entered into pursuant to NRS 278.0201.
3. In a county whose population is less than 100,000, notice
setting forth the time, place and purpose of the hearing must be sent
at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property, as listed on the county
assessor’s records, 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 advisory board which has been established for the
affected area by the governing body.
4. Except as otherwise provided in subsection 7, in a county
whose population is 100,000 or more, a notice setting forth the
time, place and purpose of the hearing must be sent at least 10 days
before the hearing to:
(a) The applicant;
(b) If the application is for a deviation of at least 10 percent but
not more than 30 percent from a standard for development:
(1) Each owner, as listed on the county assessor’s records, of
real property located within 100 feet of the property in question;
and
(2) Each tenant of a mobile home park located within 100
feet of the property in question;
(c) If the application is for a special use permit or a deviation of
more than 30 percent from a standard for development:
(1) Each owner, as listed on the county assessor’s records, of
real property located within 500 feet of the property in question;
(2) The owner, as listed on the county assessor’s records, of
each of the 30 separately owned parcels nearest the property in
question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park located within 500
feet of the property in question;
(d) If the application is for [a change in zoning or] a project of
regional significance, as that term is described in NRS 278.02542:
(1) Each owner, as listed on the county assessor’s records, of
real property located within 750 feet of the property in question;
(2) The owner, as listed on the county assessor’s records, of
each of the 30 separately owned parcels nearest the property in
question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park located within 750
feet of the property in question; and
(e) Any advisory board which has been established for the
affected area by the governing body.
5. If an application is filed with the governing body for the
issuance of a special use permit with regard to property situated
within an unincorporated town that is located more than 10 miles
from an incorporated city, the governing body shall, at least 10 days
before the hearing on the application is held pursuant to subsection
2, transmit a copy of any information pertinent to the application to
the town board, citizens’ advisory council or town advisory board,
whichever is applicable, of the unincorporated town. The town
board, citizens’ advisory council or town advisory board may make
recommendations regarding the application and submit its
recommendations before the hearing on the application is held
pursuant to subsection 2. The governing body or other authorized
person or entity conducting the hearing shall consider any
recommendations submitted by the town board, citizens’ advisory
council or town advisory board regarding the application and,
within 10 days after making its decision on the application, shall
transmit a copy of its decision to the town board, citizens’ advisory
council or town advisory board.
6. An applicant or a protestant may appeal a decision of the
board of adjustment, planning commission or hearing examiner in
accordance with the ordinance adopted pursuant to NRS 278.3195.
7. 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, at least 10 days before the hearing:
(a) Send a notice setting forth the time, place and purpose of the
hearing to:
(1) The applicant;
(2) Each owner, as listed on the county assessor’s records, of
real property located within 1,500 feet of the property in question;
(3) The owner, as listed on the county assessor’s records, of
each of the 30 separately owned parcels nearest the property in
question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (2);
(4) Each tenant of a mobile home park located within 1,500
feet of the property in question; and
(5) Any advisory board which has been established for the
affected area by the governing body; and
(b) 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 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:
(1) The existing permitted use and zoning designation of the
property in question ;
(2) The proposed permitted use of the property in question;
(3) The date, time and place of the public hearing; and
(4) A telephone number which may be used by interested
persons to obtain additional information.
8. A sign required pursuant to subsection 7 is for informational
purposes only, and must be erected regardless of any local
ordinance regarding the size, placement or composition of signs to
the contrary.
9. 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 7, if any. The additional fee is not subject to the
limitation imposed by NRS 354.5989.
10. The governing body shall remove or cause to be removed
any sign required by subsection 7 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.
11. The notice required to be provided pursuant to subsections
3, 4 and 7 must be sent by mail or, if requested by a party to whom
notice must be provided pursuant to those subsections, by electronic
means if receipt of such an electronic notice can be verified, and
must be written in language which is easy to understand. The notice
must set forth the time, place and purpose of the hearing and a
physical description or map of the property in question.
12. The provisions of this section do not apply to an
application for a conditional use permit filed pursuant to
NRS 278.147.
Sec. 5. 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 the planning commission or the director of
planning or other authorized person or agency if authorized to take
final action by the governing body, 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
(2) The first of a series of final maps covering a portion of
the approved tentative map. If the subdivider elects to present a
successive map in a series of final maps, each covering a portion of
the approved tentative map, the subdivider shall present to the
governing body, or the planning commission or the director of
planning or other authorized person or agency if authorized to take
final action by the governing body, on or before the anniversary of
the date on which the subdivider [presented to that entity for
recordation] recorded the first in the series of final maps:
(I) A final map, prepared in accordance with the tentative
map, for the entire area for which the tentative map has been
approved; or
(II) The next final map in the series of final maps
covering a portion of the approved tentative map.
(b) If the subdivider fails to comply with the provisions of
paragraph (a), 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 final
map after the 1-year period for presenting 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.
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