Assembly Bill No. 569–Assemblymen Williams
and Giunchigliani
CHAPTER........
AN ACT relating to zoning; revising the type of notice that certain governing bodies must
provide for certain proposed amendments to the boundary of a zoning district;
revising the requirements for the approval of an amendment of the boundary of a
zoning district in certain circumstances; requiring the governing body of certain
counties to give notice to the governing body of a city of zoning regulations,
restrictions or boundaries or amendments thereof in certain unincorporated areas;
and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.260 is hereby amended to read as follows:
5. 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,
Sec. 2. Section 3 of Senate Bill No. 121 of this session is hereby
amended to read as follows:
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 must not
become effective until 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 the proposed amendment involves a change in the
boundary of a zoning district in a county whose population is less
than 400,000, the governing body shall, to the extent this notice
does not duplicate the notice required by subsection 2, cause a
notice 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) Each owner, as listed on the county assessor’s records, of at
least 30 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 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
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 theboundary 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 the proposed amendment involves a change in the
boundary of a zoning district in a county whose population is
400,000 or more, the governing body shall, to the extent this notice
does not duplicate the notice required by subsection 2, cause a
notice 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 feet from the portion of the
boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at
least 30 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 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
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 theboundary 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 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
6. 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,
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.
7. A sign required pursuant to subsection 6 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.
8. 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 6, if any. The additional fee is not
subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed
any sign required by subsection 6 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.
10. 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 subsections
3 and 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.
11. The governing body of a county whose population is
400,000 or more shall not approve a zoning regulation, restriction
or boundary, or the 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. 3. 1. This section and section 1 of this act become effective at
12:01 a.m. on October 1, 1999.
2. Section 2 of this act becomes effective at 12:02 a.m. on October 1,
1999.