Assembly Bill No. 142–Assemblymen Von Tobel, Angle, Price, Manendo, Gustavson, Giunchigliani, Chowning, Humke, Gibbons, Tiffany, Segerblom and Collins

February 5, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to certain applications for variances or special use permits. (BDR 22-371)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to land use planning; revising provisions governing applications for variances or special use permits with regard to property located within an unincorporated town; 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 278.315 is hereby amended to read as follows:

1-2 278.315 1. The governing body may provide by ordinance for the

1-3 granting of variances, special use permits, conditional use permits or other

1-4 special exceptions by the board of adjustment, the planning commission or

1-5 a hearing examiner appointed pursuant to NRS 278.262. The governing

1-6 body may impose this duty entirely on the board, commission or examiner,

1-7 respectively, or provide for the granting of enumerated categories of

1-8 variances, special use permits, conditional use permits or special

1-9 exceptions by the board, commission or examiner.

1-10 2. A hearing to consider an application for the granting of a variance,

1-11 special use permit, conditional use permit or special exception must be

1-12 held before the board of adjustment, planning commission or hearing

1-13 examiner within 65 days after the filing of the application, unless a longer

1-14 time or a different process of review is provided in an agreement entered

1-15 into pursuant to NRS 278.0201. A notice setting forth the time, place and

1-16 purpose of the hearing must be sent by mail at least 10 days before the

1-17 hearing to:

2-1 (a) The applicant;

2-2 (b) Each owner of real property located within 300 feet of the property

2-3 in question;

2-4 (c) If a mobile home park is located within 300 feet of the property in

2-5 question, each tenant of that mobile home park; and

2-6 (d) Any advisory board which has been established for the affected area

2-7 by the governing body.

2-8 The notice must be written in language which is easy to understand. It

2-9 must set forth the time, place and purpose of the hearing and a physical

2-10 description or map of the property in question.

2-11 3. If the application is for the issuance of a special use permit in a

2-12 county whose population is 100,000 or more, the governing body shall, to

2-13 the extent this notice does not duplicate the notice required by subsection

2-14 2, cause a notice to be sent by mail at least 10 days before the hearing to

2-15 each owner, as listed on the [county assessor’s records,] records of the

2-16 county assessor, of at least 30 parcels nearest to the property in question.

2-17 The notice must be written in language which is easy to understand. It

2-18 must set forth the time, place and purpose of the hearing and a physical

2-19 description or map of the property in question.

2-20 4. If an application is for the issuance of a variance or special use

2-21 permit with regard to property that is located within an unincorporated

2-22 town, the applicant must present with the application evidence that his

2-23 intent to apply for the variance or special use permit has been discussed

2-24 at a public meeting of the town board, citizens’ advisory council or town

2-25 advisory board, whichever is applicable.

2-26 5. An ordinance adopted pursuant to this section must provide an

2-27 opportunity for the applicant or a protestant to appeal from a decision of

2-28 the board of adjustment, planning commission or hearing examiner to the

2-29 governing body.

2-30 [5.] 6. In a county whose population is 400,000 or more, if the

2-31 application is for the issuance of a special use permit for an establishment

2-32 which serves alcoholic beverages for consumption on or off of the

2-33 premises as its primary business in a district which is not a gaming

2-34 enterprise district as defined in NRS 463.0158, the governing body shall,

2-35 in addition to mailing the notice required pursuant to subsection 3, not later

2-36 than 10 days before the hearing, erect or cause to be erected on the

2-37 property, at least one sign not less than 2 feet high and 2 feet wide. The

2-38 sign must be made of material reasonably calculated to withstand the

2-39 elements for 40 days. The governing body must be consistent in its use of

2-40 colors for the background and lettering of the sign. The sign must include

2-41 the following information:

2-42 (a) The existing permitted use and zoning designation of the property in

2-43 question;

3-1 (b) The proposed permitted use of the property in question;

3-2 (c) The date, time and place of the public hearing; and

3-3 (d) A telephone number which may be used by interested persons to

3-4 obtain additional information.

3-5 [6.] 7. A sign required pursuant to subsection [5] 6 is for informational

3-6 purposes only, and must be erected regardless of any local ordinance

3-7 regarding the size, placement or composition of signs to the contrary.

3-8 [7.] 8. A governing body may charge an additional fee for each

3-9 application for a special use permit to cover the actual costs resulting from

3-10 the erection of not more than one sign required by subsection [5,] 6, if any.

3-11 The additional fee is not subject to the limitation imposed by NRS

3-12 354.5989.

3-13 [8.] 9. The governing body shall remove or cause to be removed any

3-14 sign required by subsection [5] 6 within 5 days after the final hearing for

3-15 the application for which the sign was erected. There must be no additional

3-16 charge to the applicant for such removal.

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