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).

1-1 Section 1. NRS 278.210 is hereby amended to read as follows:

1-2 278.210 1. Before adopting the master plan or any part of it, or any

1-5 be given at least by one publication in a newspaper of general circulation in

2-1 the city or county, or in the case of a regional planning commission, by one

2-2 publication in a newspaper in each county within the regional district, at

2-3 least 10 days before the day of the hearing.

2-4 2. Before adopting an amendment, extension or addition to a master

2-5 plan in connection with a change in the boundary of a zoning district, a

2-6 public hearing must be held at which parties in interest and other

2-7 persons have an opportunity to be heard. At least 10 days before the

2-8 hearing, the commission shall cause notice of the time and place of the

2-9 hearing:

2-10 (a) To be published in an official newspaper, or a newspaper of

2-11 general circulation, in the city or county, or in the case of a regional

2-12 planning commission, by publication in a newspaper in each county

2-13 within the regional district, to the extent that this notice does not

2-14 duplicate notice given pursuant to subsection 1;

2-15 (b) To be mailed to the applicant for the change in the boundary;

2-16 (c) To be mailed to each owner, as listed on the county assessor’s

2-17 records, of real property located:

2-18 (1) Within 1,000 feet of the portion of the boundary line being

2-19 changed, if the property is located in a county whose population is

2-20 400,000 or more; or

2-21 (2) Within 500 feet of the portion of the boundary line being

2-22 changed, if the property is located in a county whose population is less

2-23 than 400,000;

2-24 (d) To be mailed to each owner, as listed on the county assessor’s

2-25 records, of at least the 30 parcels nearest to the portion of the boundary

2-26 line being changed, to the extent this notice does not duplicate the notice

2-27 given pursuant to paragraph (c);

2-28 (e) To be mailed to any advisory board that has been established for

2-29 the affected area by a governing body;

2-30 (f) To be mailed to the superintendent of schools of the affected

2-31 school district or his designee; and

2-32 (g) To be sent by electronic means, if receipt of such an electronic

2-33 notice can be verified, to any governmental entity or a party to whom

2-34 notice must be provided pursuant to paragraphs (a) to (f), inclusive, that

2-35 requests such a notice.

2-36 The notice must be written in language that is easy to understand. It must

2-37 set forth the time, place and purpose of the hearing and a physical

2-38 description of, or a map detailing, the proposed change.

2-39 3. The exterior of the notice mailed pursuant to subsection 2 must

2-40 bear a statement printed in at least 10-point bold type in substantially the

2-41 following form:

3-1 OFFICIAL NOTICE OF PUBLIC HEARING

3-2 4. The adoption of the master plan, or of any amendment, extension or

3-3 addition thereof, [shall] must be by resolution of the commission carried by

3-4 the affirmative votes of not less than two-thirds of the total membership of

3-5 the commission. The resolution [shall] must refer expressly to the maps,

3-6 descriptive matter and other matter intended by the commission to

3-7 constitute the plan or any amendment, addition or extension thereof, and

3-8 the action taken [shall] must be recorded on the map and plan and

3-9 descriptive matter by the identifying signatures of the secretary and

3-10 chairman of the commission.

3-11 [3. No]

3-12 5. A plan or map, hereafter, [shall] must not have indicated thereon

3-13 that it is a part of the master plan until it [shall have] has been adopted as

3-14 part of the master plan by the commission as herein provided for the

3-15 adoption thereof, whenever changed conditions or further studies by the

3-16 commission require such amendments, extension [,] or addition.

3-17 [4.] 6. An attested copy of any part, amendment, extension of or

3-18 addition to the master plan adopted by the planning commission of any city,

3-19 county or region [shall] must be certified to the governing body of such

3-20 city, county [,] or region.

3-21 [5.] 7. An attested copy of any part, amendment, extension of or

3-22 addition to the master plan adopted by any regional planning commission

3-23 [shall] must be certified to the county planning commission and to the

3-24 board of county commissioners of each county within the regional district.

3-25 Sec. 2. NRS 278.260 is hereby amended to read as follows:

3-26 278.260 1. The governing body shall provide for the manner in

3-41 required by subsection 2, cause a notice to be sent by mail , or by

4-1 electronic means if receipt of such an electronic notice can be verified, at

4-2 least 10 days before the hearing to:

4-3 (a) The applicant;

4-4 (b) Each owner, as listed on the county assessor’s records, of real

4-5 property located within [300] 500 feet of the portion of the boundary being

4-6 changed;

4-7 (c) Each [owner,] of the owneers, as listed on the county assessor’s

4-8 records, of at least the 30 parcels nearest to the portion of the boundary

4-9 being changed, to the extent this notice does not duplicate the notice given

4-10 pursuant to paragraph (b); [and]

4-11 (d) Any advisory board which has been established for the affected area

4-12 by the governing body [.] ;

4-13 (e) The superintendent of schools of the affected school district or his

4-14 designee; and

4-15 (f) Any governmental entity that requests such a notice.

4-16 The notice must be written in language which is easy to understand. It must

4-17 set forth the time, place and purpose of the hearing , and a physical

4-18 description of, or a map detailing, the proposed change.

4-19 4. If the proposed amendment involves a change in the boundary of a

4-20 zoning district in a county whose population is 400,000 or more, the

4-21 governing body shall, to the extent this notice does not duplicate the notice

4-22 required by subsection 2, cause a notice to be sent by mail , or by

4-23 electronic means if receipt of such an electronic notice can be verified, at

4-24 least 10 days before the hearing to:

4-25 (a) The applicant;

4-26 (b) Each owner, as listed on the county assessor’s records, of real

4-27 property located within [500] 1,000 feet from the portion of the boundary

4-28 being changed;

4-29 (c) Each [owner,] of the owners, as listed on the county assessor’s

4-30 records, of at least the 30 parcels nearest to the portion of the boundary

4-31 being changed, to the extent this notice does not duplicate the notice given

4-32 pursuant to paragraph (b); [and]

4-33 (d) Any advisory board which has been established for the affected area

4-34 by the governing body [.] ;

4-35 (e) The superintendent of schools of the affected school district or his

4-36 designee; and

4-37 (f) Any governmental entity that requests such a notice.

4-38 The notice must be written in language which is easy to understand. It must

4-39 set forth the time, place and purpose of the hearing , and a physical

4-40 description of, or a map detailing, the proposed change.

4-41 5. The exterior of the notice mailed pursuant to subsection 4 must bear

4-42 a statement printed in at least 10-point bold type in substantially the

4-43 following form:

5-1 OFFICIAL NOTICE OF PUBLIC HEARING

5-2 6. In addition to mailing the notice required pursuant to subsection 4,

5-3 in a county whose population is 400,000 or more, the governing body shall,

5-4 no later than 10 days before the hearing, erect or cause to be erected on the

5-5 property, at least one sign not less than 2 feet high and 2 feet wide. The

5-6 sign must be made of material reasonably calculated to withstand the

5-7 elements for 40 days. The governing body must be consistent in its use of

5-8 colors for the background and lettering of the sign. The sign must include

5-9 the following information:

5-10 (a) The existing zoning designation of the property in question;

5-11 (b) The proposed zoning designation of the property in question;

5-12 (c) The date, time and place of the public hearing;

5-13 (d) A telephone number which may be used by interested persons to

5-14 obtain additional information; and

5-15 (e) A statement which indicates whether the proposed zoning

5-16 designation of the property in question complies with the requirements of

5-17 the master plan of the city or county in which the property is located.

5-18 7. A sign required pursuant to subsection 6 is for informational

5-19 purposes only, and must be erected regardless of any local ordinance

5-20 regarding the size, placement or composition of signs to the contrary.

5-21 8. A governing body may charge an additional fee for each application

5-22 to amend an existing zoning regulation, restriction or boundary to cover the

5-23 actual costs resulting from the mailed notice required by this section and

5-24 the erection of not more than one of the signs required by subsection 6, if

5-25 any. The additional fee is not subject to the limitation imposed by NRS

5-26 354.5989.

5-27 9. The governing body shall remove or cause to be removed any sign

5-28 required by subsection 6 within 5 days after the final hearing for the

5-29 application for which the sign was erected. There must be no additional

5-30 charge to the applicant for such removal.

5-31 Sec. 3. NRS 278.315 is hereby amended to read as follows:

5-32 278.315 1. The governing body may provide by ordinance for the

5-42 before the board of adjustment, planning commission or hearing examiner

6-1 within 65 days after the filing of the application, unless a longer time or a

6-2 different process of review is provided in an agreement entered into

6-3 pursuant to NRS 278.0201. A notice setting forth the time, place and

6-4 purpose of the hearing must be sent by mail , or by electronic means if

6-5 receipt of such an electronic notice can be verified, at least 10 days before

6-6 the hearing to:

6-7 (a) The applicant;

6-8 (b) Each owner , as listed on the county assessor’s records, of real

6-9 property located [within 300] :

6-10 (1) Within 500 feet of the property in question [;] , if the property is

6-11 located in a county whose population is 400,000 or more, unless the

6-12 application is for the issuance of a special use permit for an

6-13 establishment which serves alcoholic beverages for consumption on the

6-14 premises as its primary business, in which case the notice must be

6-15 provided to each owner, as listed on the county assessor’s records, of real

6-16 property located within 1,000 feet of the property in question; or

6-17 (2) Within 300 feet of the property in question, if the property is

6-18 located in a county whose population is less than 400,000, unless the

6-19 application is for the issuance of a special use permit for an

6-20 establishment which serves alcoholic beverages for consumption on the

6-21 premises as its primary business, in which case the notice must be

6-22 provided to each owner, as listed on the county assessor’s records, of real

6-23 property located within 500 feet of the property in question;

6-24 (c) If a mobile home park is located within 300 feet of the property in

6-25 question, each tenant of that mobile home park; [and]

6-26 (d) Any advisory board which has been established for the affected area

6-27 by the governing body [.] ; and

6-28 (e) Any governmental entity that requests such a notice.

6-29 The notice must be written in language which is easy to understand. It must

6-30 set forth the time, place and purpose of the hearing and a physical

6-31 description or map of the property in question.

6-32 3. A hearing to consider an application for the granting of a

6-33 variance must be held before the board of adjustment, planning

6-34 commission or hearing examiner within 65 days after the filing of the

6-35 application, unless a longer time or a different process of review is

6-36 provided in an agreement entered into pursuant to NRS 278.0201. A

6-37 notice setting forth the time, place and purpose of the hearing must be

6-38 sent by mail, or by electronic means if receipt of such an electronic

6-39 notice can be verified, at least 10 days before the hearing to:

6-40 (a) The applicant;

6-41 (b) Each owner, as listed on the county assessor’s records, of real

6-42 property located within 300 feet of the property in question;

7-1 (c) Any advisory board which has been established for the affected

7-2 area by the governing body; and

7-3 (d) Any governmental entity that requested such a notice.

7-4 The notice must be written in language which is easy to understand. It

7-5 must set forth the time, place and purpose of the hearing and a physical

7-6 description or map of the property in question.

7-7 4. If the application is for the issuance of a special use permit in a

7-8 county whose population is 100,000 or more, the governing body shall, to

7-9 the extent this notice does not duplicate the notice required by subsection

7-10 [2,] 2 or 3, cause a notice to be sent by mail at least 10 days before the

7-11 hearing to each [owner,] of the owners, as listed on the county assessor’s

7-12 records, of at least the 30 parcels nearest to the property in question. The

7-13 notice must be written in language which is easy to understand. It must set

7-14 forth the time, place and purpose of the hearing and a physical description

7-15 or map of the property in question.

7-16 [4.] 5. An ordinance adopted pursuant to this section must provide an

7-17 opportunity for the applicant or a protestant to appeal from a decision of

7-18 the board of adjustment, planning commission or hearing examiner to the

7-19 governing body.

7-20 [5.] 6. In a county whose population is 400,000 or more, if the

7-21 application is for the issuance of a special use permit for an establishment

7-22 which serves alcoholic beverages for consumption on or off of the premises

7-23 as its primary business in a district which is not a gaming enterprise district

7-24 as defined in NRS 463.0158, the governing body shall, in addition to

7-25 mailing the notice required pursuant to subsection [3,] 4, not later than 10

7-26 days before the hearing, erect or cause to be erected on the property, at

7-27 least one sign not less than 2 feet high and 2 feet wide. The sign must be

7-28 made of material reasonably calculated to withstand the elements for 40

7-29 days. The governing body must be consistent in its use of colors for the

7-30 background and lettering of the sign. The sign must include the following

7-31 information:

7-32 (a) The existing permitted use and zoning designation of the property in

7-33 question;

7-34 (b) The proposed permitted use of the property in question;

7-35 (c) The date, time and place of the public hearing; and

7-36 (d) A telephone number which may be used by interested persons to

7-37 obtain additional information.

7-38 [6.] 7. A sign required pursuant to subsection [5] 6 is for informational

7-39 purposes only, and must be erected regardless of any local ordinance

7-40 regarding the size, placement or composition of signs to the contrary.

7-41 [7.] 8. A governing body may charge an additional fee for each

7-42 application for a special use permit to cover the actual costs resulting from

7-43 the erection of not more than one sign required by subsection [5,] 6, if any.

8-1 The additional fee is not subject to the limitation imposed by NRS

8-2 354.5989.

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

8-4 sign required by subsection [5] 6 within 5 days after the final hearing for

8-5 the application for which the sign was erected. There must be no additional

8-6 charge to the applicant for such removal.

8-7 Sec. 4. This act becomes effective on July 1, 2000.