Senate Bill No. 30–Senator Amodei

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions concerning notice of certain zoning hearings and concerning parcel maps. (BDR 22‑456)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; revising the requirements governing notice of a hearing regarding the establishment of or amendment to a zoning regulation, restriction or boundary; requiring the placement of a statement of facts on certain parcel maps to indicate that the map does not conflict with certain statutory and local provisions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 278.260 is hereby amended to read as follows:

1-2  278.260  1.  The governing body shall provide for the manner

1-3  in which zoning regulations and restrictions and the boundaries of

1-4  zoning districts are determined, established, enforced and amended.

1-5  2.  A zoning regulation, restriction or boundary or an

1-6  amendment thereto must not become effective until after transmittal

1-7  of a copy of the relevant application to the town board, citizens’

1-8  advisory council or town advisory board pursuant to subsection 5, if

1-9  applicable, and after a public hearing at which parties in interest and

1-10  other persons have an opportunity to be heard. The governing body

1-11  shall cause notice of the time and place of the hearing to be[:

1-12      (a) Published] published in an official newspaper, or a

1-13  newspaper of general circulation, in the city, county or region[; and

2-1  (b) Mailed to each tenant of a mobile home park if that park is

2-2  located within 300 feet of the property in question,]at least 10 days

2-3  before the hearing.

2-4  3.  [If] In addition to the notice published pursuant to

2-5  subsection 2, if a proposed amendment involves a change in the

2-6  boundary of a zoning district in a county whose population is less

2-7  than 400,000, the governing body shall[, to the extent this notice

2-8  does not duplicate the notice required by subsection 2,] cause a

2-9  notice of the hearing to be sent at least 10 days before the hearing

2-10  to:

2-11      (a) The applicant;

2-12      (b) Each owner, as listed on the county assessor’s records, of

2-13  real property located within 300 feet of the portion of the boundary

2-14  being changed;

2-15      (c) The owner, as listed on the county assessor’s records, of each

2-16  of the 30 separately owned parcels nearest to the portion of the

2-17  boundary being changed, to the extent this notice does not duplicate

2-18  the notice given pursuant to paragraph (b); [and]

2-19      (d) Each tenant of a mobile home park if that park is located

2-20  within 300 feet of the property in question; and

2-21      (e) Any advisory board which has been established for the

2-22  affected area by the governing body.

2-23  The notice must be sent by mail or, if requested by a party to whom

2-24  notice must be provided pursuant to paragraphs (a) to [(d),] (e),

2-25  inclusive, by electronic means if receipt of such an electronic notice

2-26  can be verified, and be written in language which is easy to

2-27  understand. The notice must set forth the time, place and purpose of

2-28  the hearing and a physical description of, or a map detailing, the

2-29  proposed change, must indicate the existing zoning designation, and

2-30  the proposed zoning designation, of the property in question, and

2-31  must contain a brief summary of the intent of the proposed change.

2-32  If the proposed amendment involves a change in the boundary of the

2-33  zoning district that would reduce the density or intensity with which

2-34  a parcel of land may be used, the notice must include a section that

2-35  an owner of property may complete and return to the governing

2-36  body to indicate his approval of or opposition to the proposed

2-37  amendment.

2-38      4.  [If] In addition to the notice published pursuant to

2-39  subsection 2, if a proposed amendment involves a change in the

2-40  boundary of a zoning district in a county whose population is

2-41  400,000 or more, the governing body shall[, to the extent this notice

2-42  does not duplicate the notice required by subsection 2,] cause a

2-43  notice of the hearing to be sent at least 10 days before the hearing

2-44  to:

2-45      (a) The applicant;

3-1  (b) Each owner, as listed on the county assessor’s records, of

3-2  real property located within 500 feet of the portion of the boundary

3-3  being changed;

3-4  (c) The owner, as listed on the county assessor’s records, of each

3-5  of the 30 separately owned parcels nearest to the portion of the

3-6  boundary being changed, to the extent this notice does not duplicate

3-7  the notice given pursuant to paragraph (b); [and]

3-8  (d) Each tenant of a mobile home park if that park is located

3-9  within 300 feet of the property in question; and

3-10      (e) Any advisory board which has been established for the

3-11  affected area by the governing body.

3-12  The notice must be sent by mail or, if requested by a party to whom

3-13  notice must be provided pursuant to paragraphs (a) to [(d),] (e),

3-14  inclusive, by electronic means if receipt of such an electronic notice

3-15  can be verified, and be written in language which is easy to

3-16  understand. The notice must set forth the time, place and purpose of

3-17  the hearing and a physical description of, or a map detailing, the

3-18  proposed change, must indicate the existing zoning designation, and

3-19  the proposed zoning designation, of the property in question, and

3-20  must contain a brief summary of the intent of the proposed change.

3-21  If the proposed amendment involves a change in the boundary of the

3-22  zoning district that would reduce the density or intensity with which

3-23  a parcel of land may be used, the notice must include a section that

3-24  an owner of property may complete and return to the governing

3-25  body to indicate his approval of or opposition to the proposed

3-26  amendment.

3-27      5.  If an application is filed with the governing body and the

3-28  application involves a change in the boundary of a zoning district

3-29  within an unincorporated town that is located more than 10 miles

3-30  from an incorporated city, the governing body shall, at least 10 days

3-31  before the hearing on the application is held pursuant to subsection

3-32  2, transmit a copy of any information pertinent to the application to

3-33  the town board, citizens’ advisory council or town advisory board,

3-34  whichever is applicable, of the unincorporated town. The town

3-35  board, citizens’ advisory council or town advisory board may make

3-36  recommendations regarding the application and submit its

3-37  recommendations before the hearing on the application is held

3-38  pursuant to subsection 2. The governing body or other authorized

3-39  person or entity conducting the hearing shall consider any

3-40  recommendations submitted by the town board, citizens’ advisory

3-41  council or town advisory board regarding the application and, within

3-42  10 days after making its decision on the application, transmit a copy

3-43  of its decision to the town board, citizens’ advisory council or town

3-44  advisory board.

3-45      6.  If a notice is required to be sent pursuant to subsection 4:

4-1  (a) The exterior of a notice sent by mail; or

4-2  (b) The cover sheet, heading or subject line of a notice sent by

4-3  electronic means,

4-4  must bear a statement in at least 10-point bold type or font in

4-5  substantially the following form:

 

4-6  OFFICIAL NOTICE OF PUBLIC HEARING

 

4-7  7.  In addition to sending the notice required pursuant to

4-8  subsection 4, in a county whose population is 400,000 or more, the

4-9  governing body shall, not later than 10 days before the hearing, erect

4-10  or cause to be erected on the property, at least one sign not less than

4-11  2 feet high and 2 feet wide. The sign must be made of material

4-12  reasonably calculated to withstand the elements for 40 days. The

4-13  governing body must be consistent in its use of colors for the

4-14  background and lettering of the sign. The sign must include the

4-15  following information:

4-16      (a) The existing zoning designation of the property in question;

4-17      (b) The proposed zoning designation of the property in question;

4-18      (c) The date, time and place of the public hearing;

4-19      (d) A telephone number which may be used by interested

4-20  persons to obtain additional information; and

4-21      (e) A statement which indicates whether the proposed zoning

4-22  designation of the property in question complies with the

4-23  requirements of the master plan of the city or county in which the

4-24  property is located.

4-25      8.  A sign required pursuant to subsection 7 is for informational

4-26  purposes only, and must be erected regardless of any local ordinance

4-27  regarding the size, placement or composition of signs to the

4-28  contrary.

4-29      9.  A governing body may charge an additional fee for each

4-30  application to amend an existing zoning regulation, restriction or

4-31  boundary to cover the actual costs resulting from the mailed notice

4-32  required by this section and the erection of not more than one of the

4-33  signs required by subsection 7, if any. The additional fee is not

4-34  subject to the limitation imposed by NRS 354.5989.

4-35      10.  The governing body shall remove or cause to be removed

4-36  any sign required by subsection 7 within 5 days after the final

4-37  hearing for the application for which the sign was erected. There

4-38  must be no additional charge to the applicant for such removal.

4-39      11.  If a proposed amendment involves a change in the

4-40  boundary of a zoning district in a county whose population is

4-41  400,000 or more that would reduce the density or intensity with

4-42  which a parcel of land may be used and at least 20 percent of the

4-43  property owners to whom notices were sent pursuant to subsection 4

5-1  indicate in their responses opposition to the proposed amendment,

5-2  the governing body shall not approve the proposed amendment

5-3  unless the governing body:

5-4  (a) Considers separately the merits of each aspect of the

5-5  proposed amendment to which the owners expressed opposition;

5-6  and

5-7  (b) Makes a written finding that the public interest and necessity

5-8  will be promoted by approval of the proposed amendment.

5-9  12.  The governing body of a county whose population is

5-10  400,000 or more shall not approve a zoning regulation, restriction or

5-11  boundary, or an amendment thereof, that affects any unincorporated

5-12  area of the county that is surrounded completely by the territory of

5-13  an incorporated city without sending a notice to the governing body

5-14  of the city. The governing body of the city, or its designee, must

5-15  submit any recommendations to the governing body of the county

5-16  within 15 days after receiving the notice. The governing body of the

5-17  county shall consider any such recommendations. If the governing

5-18  body of the county does not accept a recommendation, the

5-19  governing body of the county, or its authorized agent, shall specify

5-20  for the record the reasons for its action.

5-21      Sec. 2.  NRS 278.469 is hereby amended to read as follows:

5-22      278.469  If a record of survey or parcel map contains two or

5-23  more lots or parcels, the surveyor or a person for whom the record

5-24  of survey or parcel map is made shall place upon the record of

5-25  survey or parcel map [thereof] a statement of the facts which will

5-26  clearly show that [such] the record of survey or parcel map is not in

5-27  conflict with the requirements of NRS 278.010 to 278.630,

5-28  inclusive, [and the regulations of transactions pertaining thereto

5-29  shall be complied with.] or any local zoning regulations.

 

5-30  H