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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 278.315 is hereby amended to read as follows: 278.315 1. The governing body may provide by ordinance for the1-3
granting of variances, special use permits, conditional use permits or other1-4
special exceptions by the board of adjustment, the planning commission or1-5
a hearing examiner appointed pursuant to NRS 278.262. The governing1-6
body may impose this duty entirely on the board, commission or examiner,1-7
respectively, or provide for the granting of enumerated categories of1-8
variances, special use permits, conditional use permits or special1-9
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 be1-12
held before the board of adjustment, planning commission or hearing1-13
examiner within 65 days after the filing of the application, unless a longer1-14
time or a different process of review is provided in an agreement entered1-15
into pursuant to NRS 278.0201. A notice setting forth the time, place and1-16
purpose of the hearing must be sent by mail at least 10 days before the1-17
hearing to:2-1
(a) The applicant;2-2
(b) Each owner of real property located within 300 feet of the property2-3
in question;2-4
(c) If a mobile home park is located within 300 feet of the property in2-5
question, each tenant of that mobile home park; and2-6
(d) Any advisory board which has been established for the affected area2-7
by the governing body.2-8
The notice must be written in language which is easy to understand. It2-9
must set forth the time, place and purpose of the hearing and a physical2-10
description or map of the property in question.2-11
3. If the application is for the issuance of a special use permit in a2-12
county whose population is 100,000 or more, the governing body shall, to2-13
the extent this notice does not duplicate the notice required by subsection2-14
2, cause a notice to be sent by mail at least 10 days before the hearing to2-15
each owner, as listed on the2-16
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. It2-18
must set forth the time, place and purpose of the hearing and a physical2-19
description or map of the property in question.2-20
4. If an application is for the issuance of a variance or special use2-21
permit with regard to property that is located within an unincorporated2-22
town, the applicant must present with the application evidence that his2-23
intent to apply for the variance or special use permit has been discussed2-24
at a public meeting of the town board, citizens’ advisory council or town2-25
advisory board, whichever is applicable.2-26
5. An ordinance adopted pursuant to this section must provide an2-27
opportunity for the applicant or a protestant to appeal from a decision of2-28
the board of adjustment, planning commission or hearing examiner to the2-29
governing body.2-30
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application is for the issuance of a special use permit for an establishment2-32
which serves alcoholic beverages for consumption on or off of the2-33
premises as its primary business in a district which is not a gaming2-34
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 later2-36
than 10 days before the hearing, erect or cause to be erected on the2-37
property, at least one sign not less than 2 feet high and 2 feet wide. The2-38
sign must be made of material reasonably calculated to withstand the2-39
elements for 40 days. The governing body must be consistent in its use of2-40
colors for the background and lettering of the sign. The sign must include2-41
the following information:2-42
(a) The existing permitted use and zoning designation of the property in2-43
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; and3-3
(d) A telephone number which may be used by interested persons to3-4
obtain additional information.3-5
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purposes only, and must be erected regardless of any local ordinance3-7
regarding the size, placement or composition of signs to the contrary.3-8
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application for a special use permit to cover the actual costs resulting from3-10
the erection of not more than one sign required by subsection3-11
The additional fee is not subject to the limitation imposed by NRS3-12
354.5989.3-13
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sign required by subsection3-15
the application for which the sign was erected. There must be no additional3-16
charge to the applicant for such removal.~