SUMMARY—Makes various changes relating to zoning regulations, restrictions or boundaries in certain circumstances. (BDR 22-151)

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 278.260 is hereby amended to read as follows:

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

1-13 at least 10 days before the hearing.

2-1 3. If the proposed amendment involves a change in the boundary of a

2-2 zoning district in a county whose population is less than 400,000, the

2-3 governing body shall, to the extent this notice does not duplicate the notice

2-4 required by subsection 2, cause a notice to be sent by mail at least 10 days

2-5 before the hearing to:

2-6 (a) The applicant;

2-7 (b) Each owner, as listed on the county assessor’s records, of real

2-8 property located within 300 feet of the portion of the boundary being

2-9 changed;

2-10 (c) Each owner, as listed on the county assessor’s records, of at least 30

2-11 parcels nearest to the portion of the boundary being changed, to the extent

2-12 this notice does not duplicate the notice given pursuant to paragraph (b);

2-13 and

2-14 (d) Any advisory board which has been established for the affected area

2-15 by the governing body.

2-16 The notice must be written in language which is easy to understand. It must

2-17 set forth the time, place and purpose of the hearing and a physical

2-18 description of, or a map detailing, the proposed change. If the proposed

2-19 amendment involves a change in the boundary of the zoning district that

2-20 would reduce the density or intensity with which a parcel of land may be

2-21 used, the notice must include a section that an owner of property may

2-22 complete and return to the governing body to indicate his approval of or

2-23 opposition to the proposed amendment.

2-24 4. If the proposed amendment involves a change in the boundary of a

2-25 zoning district in a county whose population is 400,000 or more, the

2-26 governing body shall, to the extent this notice does not duplicate the notice

2-27 required by subsection 2, cause a notice to be sent by mail at least 10 days

2-28 before the hearing to:

2-29 (a) The applicant;

2-30 (b) Each owner, as listed on the county assessor’s records, of real

2-31 property located within 500 feet from the portion of the boundary being

2-32 changed;

2-33 (c) Each owner, as listed on the county assessor’s records, of at least 30

2-34 parcels nearest to the portion of the boundary being changed, to the extent

2-35 this notice does not duplicate the notice given pursuant to paragraph (b);

2-36 and

2-37 (d) Any advisory board which has been established for the affected area

2-38 by the governing body.

2-39 The notice must be written in language which is easy to understand. It must

2-40 set forth the time, place and purpose of the hearing and a physical

2-41 description of, or a map detailing, the proposed change. If the proposed

2-42 amendment involves a change in the boundary of the zoning district that

2-43 would reduce the density or intensity with which a parcel of land may be

3-1 used, the notice must include a section that an owner of property may

3-2 complete and return to the governing body to indicate his approval of or

3-3 opposition to the proposed amendment.

3-4 5. The exterior of the notice mailed pursuant to subsection 4 must bear

3-5 a statement printed in at least 10-point bold type in substantially the

3-6 following form:

3-7 OFFICIAL NOTICE OF PUBLIC HEARING

3-8 6. In addition to mailing the notice required pursuant to subsection 4,

3-9 in a county whose population is 400,000 or more, the governing body shall,

3-10 no later than 10 days before the hearing, erect or cause to be erected on the

3-11 property, at least one sign not less than 2 feet high and 2 feet wide. The

3-12 sign must be made of material reasonably calculated to withstand the

3-13 elements for 40 days. The governing body must be consistent in its use of

3-14 colors for the background and lettering of the sign. The sign must include

3-15 the following information:

3-16 (a) The existing zoning designation of the property in question;

3-17 (b) The proposed zoning designation of the property in question;

3-18 (c) The date, time and place of the public hearing;

3-19 (d) A telephone number which may be used by interested persons to

3-20 obtain additional information; and

3-21 (e) A statement which indicates whether the proposed zoning

3-22 designation of the property in question complies with the requirements of

3-23 the master plan of the city or county in which the property is located.

3-24 7. A sign required pursuant to subsection 6 is for informational

3-25 purposes only, and must be erected regardless of any local ordinance

3-26 regarding the size, placement or composition of signs to the contrary.

3-27 8. A governing body may charge an additional fee for each application

3-28 to amend an existing zoning regulation, restriction or boundary to cover the

3-29 actual costs resulting from the mailed notice required by this section and

3-30 the erection of not more than one of the signs required by subsection 6, if

3-31 any. The additional fee is not subject to the limitation imposed by NRS

3-32 354.5989.

3-33 9. The governing body shall remove or cause to be removed any sign

3-34 required by subsection 6 within 5 days after the final hearing for the

3-35 application for which the sign was erected. There must be no additional

3-36 charge to the applicant for such removal.

3-37 10. If a proposed amendment involves a change in the boundary of a

3-38 zoning district that would reduce the density or intensity with which a

3-39 parcel of land may be used and at least 20 percent of the property owners

3-40 to whom notices were sent pursuant to subsections 3 and 4 indicate in

3-41 their responses opposition to the proposed amendment, the governing

4-1 body shall not approve the proposed amendment unless the governing

4-2 body:

4-3 (a) Considers separately the merits of each aspect of the proposed

4-4 amendment to which the owners expressed opposition; and

4-5 (b) Makes a written finding that the public interest and necessity will

4-6 be promoted by the approval of the proposed amendment.

4-7 11. The governing body of the county shall not approve a zoning

4-8 regulation, restriction or boundary, or amendment thereof, that affects

4-9 any unincorporated area of the county that is surrounded completely by

4-10 the territory of an incorporated city without the approval of the

4-11 governing body of the city.