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 at least 10 days before

2-5 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 sent by mail or, if requested by a party to whom notice

2-17 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic

2-18 means if receipt of such an electronic notice can be verified, and be written

2-19 in language which is easy to understand. The notice must set forth the time,

2-20 place and purpose of the hearing and a physical description of, or a map

2-21 detailing, the proposed change. If the proposed amendment involves a

2-22 change in the boundary of the zoning district that would reduce the

2-23 density or intensity with which a parcel of land may be used, the notice

2-24 must include a section that an owner of property may complete and

2-25 return to the governing body to indicate his approval of or opposition to

2-26 the proposed amendment.

2-27 4. If the proposed amendment involves a change in the boundary of a

2-28 zoning district in a county whose population is 400,000 or more, the

2-29 governing body shall, to the extent this notice does not duplicate the notice

2-30 required by subsection 2, cause a notice to be sent at least 10 days before

2-31 the hearing to:

2-32 (a) The applicant;

2-33 (b) Each owner, as listed on the county assessor’s records, of real

2-34 property located within 500 feet from the portion of the boundary being

2-35 changed;

2-36 (c) Each owner, as listed on the county assessor’s records, of at least 30

2-37 parcels nearest to the portion of the boundary being changed, to the extent

2-38 this notice does not duplicate the notice given pursuant to paragraph (b);

2-39 and

2-40 (d) Any advisory board which has been established for the affected area

2-41 by the governing body.

2-42 The notice must be sent by mail or, if requested by a party to whom notice

2-43 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic

3-1 means if receipt of such an electronic notice can be verified, and be written

3-2 in language which is easy to understand. The notice must set forth the time,

3-3 place and purpose of the hearing and a physical description of, or a map

3-4 detailing, the proposed change. If the proposed amendment involves a

3-5 change in the boundary of the zoning district that would reduce the

3-6 density or intensity with which a parcel of land may be used, the notice

3-7 must include a section that an owner of property may complete and

3-8 return to the governing body to indicate his approval of or opposition to

3-9 the proposed amendment.

3-10 5. If a notice is required to be sent pursuant to subsection 4:

3-11 (a) The exterior of a notice sent by mail; or

3-12 (b) The cover sheet, heading or subject line of a notice sent by

3-13 electronic means,

3-14 must bear a statement in at least 10-point bold type or font in substantially

3-15 the following form:

3-16 OFFICIAL NOTICE OF PUBLIC HEARING

3-17 6. In addition to sending the notice required pursuant to subsection 4,

3-18 in a county whose population is 400,000 or more, the governing body shall,

3-19 no later than 10 days before the hearing, erect or cause to be erected on the

3-20 property, at least one sign not less than 2 feet high and 2 feet wide. The

3-21 sign must be made of material reasonably calculated to withstand the

3-22 elements for 40 days. The governing body must be consistent in its use of

3-23 colors for the background and lettering of the sign. The sign must include

3-24 the following information:

3-25 (a) The existing zoning designation of the property in question;

3-26 (b) The proposed zoning designation of the property in question;

3-27 (c) The date, time and place of the public hearing;

3-28 (d) A telephone number which may be used by interested persons to

3-29 obtain additional information; and

3-30 (e) A statement which indicates whether the proposed zoning

3-31 designation of the property in question complies with the requirements of

3-32 the master plan of the city or county in which the property is located.

3-33 7. A sign required pursuant to subsection 6 is for informational

3-34 purposes only, and must be erected regardless of any local ordinance

3-35 regarding the size, placement or composition of signs to the contrary.

3-36 8. A governing body may charge an additional fee for each application

3-37 to amend an existing zoning regulation, restriction or boundary to cover the

3-38 actual costs resulting from the mailed notice required by this section and

3-39 the erection of not more than one of the signs required by subsection 6, if

3-40 any. The additional fee is not subject to the limitation imposed by NRS

3-41 354.5989.

4-1 9. The governing body shall remove or cause to be removed any sign

4-2 required by subsection 6 within 5 days after the final hearing for the

4-3 application for which the sign was erected. There must be no additional

4-4 charge to the applicant for such removal.

4-5 10. If a proposed amendment involves a change in the boundary of a

4-6 zoning district in a county whose population is 400,000 or more that

4-7 would reduce the density or intensity with which a parcel of land may be

4-8 used and at least 20 percent of the property owners to whom notices were

4-9 sent pursuant to subsections 3 and 4 indicate in their responses

4-10 opposition to the proposed amendment, the governing body shall not

4-11 approve the proposed amendment unless the governing body:

4-12 (a) Considers separately the merits of each aspect of the proposed

4-13 amendment to which the owners expressed opposition; and

4-14 (b) Makes a written finding that the public interest and necessity will

4-15 be promoted by the approval of the proposed amendment.

4-16 11. The governing body of a county whose population is 400,000 or

4-17 more shall not approve a zoning regulation, restriction or boundary, or

4-18 amendment thereof, that affects any unincorporated area of the county

4-19 that is surrounded completely by the territory of an incorporated city

4-20 without sending a notice to the governing body of the city. The governing

4-21 body of the city, or its designee, must submit any recommendations to the

4-22 governing body of the county within 15 days after receiving the notice.

4-23 The governing body of the county shall consider any such

4-24 recommendations. If the governing body of the county does not accept a

4-25 recommendation, the governing body of the county, or its authorized

4-26 agent, shall specify for the record the reasons for its action.

4-27 Sec. 2. Section 3 of Senate Bill No. 121 of this session is hereby

4-28 amended to read as follows:

4-29 Sec. 3. NRS 278.260 is hereby amended to read as follows:

4-42 at least 10 days before the hearing.

5-1 3. If the proposed amendment involves a change in the

5-2 boundary of a zoning district in a county whose population is less

5-3 than 400,000, the governing body shall, to the extent this notice

5-4 does not duplicate the notice required by subsection 2, cause a

5-5 notice to be sent at least 10 days before the hearing to:

5-6 (a) The applicant;

5-7 (b) Each owner, as listed on the county assessor’s records, of

5-8 real property located within 300 feet of the portion of the boundary

5-9 being changed;

5-10 (c) Each owner, as listed on the county assessor’s records, of at

5-11 least 30 parcels nearest to the portion of the boundary being

5-12 changed, to the extent this notice does not duplicate the notice given

5-13 pursuant to paragraph (b); and

5-14 (d) Any advisory board which has been established for the

5-15 affected area by the governing body.

5-16 The notice must be sent by mail or, if requested by a party to whom

5-17 notice must be provided pursuant to paragraphs (a) to (d), inclusive,

5-18 by electronic means if receipt of such an electronic notice can be

5-19 verified, and be written in language which is easy to understand.

5-20 The notice must set forth the time, place and purpose of the hearing

5-21 and a physical description of, or a map detailing, the proposed

5-22 change [.] , must indicate the existing zoning designation, and the

5-23 proposed zoning designation, of the property in question, and

5-24 must contain a brief summary of the intent of the proposed

5-25 change. If the proposed amendment involves a change in the

5-26 boundary of the zoning district that would reduce the density or

5-27 intensity with which a parcel of land may be used, the notice must

5-28 include a section that an owner of property may complete and return

5-29 to the governing body to indicate his approval of or opposition to

5-30 the proposed amendment.

5-31 4. If the proposed amendment involves a change in the

5-32 boundary of a zoning district in a county whose population is

5-33 400,000 or more, the governing body shall, to the extent this notice

5-34 does not duplicate the notice required by subsection 2, cause a

5-35 notice to be sent at least 10 days before the hearing to:

5-36 (a) The applicant;

5-37 (b) Each owner, as listed on the county assessor’s records, of

5-38 real property located within 500 feet from the portion of the

5-39 boundary being changed;

5-40 (c) Each owner, as listed on the county assessor’s records, of at

5-41 least 30 parcels nearest to the portion of the boundary being

5-42 changed, to the extent this notice does not duplicate the notice given

5-43 pursuant to paragraph (b); and

6-1 (d) Any advisory board which has been established for the

6-2 affected area by the governing body.

6-3 The notice must be sent by mail or, if requested by a party to whom

6-4 notice must be provided pursuant to paragraphs (a) to (d), inclusive,

6-5 by electronic means if receipt of such an electronic notice can be

6-6 verified, and be written in language which is easy to understand.

6-7 The notice must set forth the time, place and purpose of the hearing

6-8 and a physical description of, or a map detailing, the proposed

6-9 change [.] , must indicate the existing zoning designation, and the

6-10 proposed zoning designation, of the property in question, and

6-11 must contain a brief summary of the intent of the proposed

6-12 change. If the proposed amendment involves a change in the

6-13 boundary of the zoning district that would reduce the density or

6-14 intensity with which a parcel of land may be used, the notice must

6-15 include a section that an owner of property may complete and return

6-16 to the governing body to indicate his approval of or opposition to

6-17 the proposed amendment.

6-18 5. If a notice is required to be sent pursuant to subsection 4:

6-19 (a) The exterior of a notice sent by mail; or

6-20 (b) The cover sheet, heading or subject line of a notice sent by

6-21 electronic means,

6-22 must bear a statement in at least 10-point bold type or font in

6-23 substantially the following form:

6-24 OFFICIAL NOTICE OF PUBLIC HEARING

6-25 6. In addition to sending the notice required pursuant to

6-26 subsection 4, in a county whose population is 400,000 or more, the

6-27 governing body shall, [no] not later than 10 days before the hearing,

6-28 erect or cause to be erected on the property, at least one sign not

6-29 less than 2 feet high and 2 feet wide. The sign must be made of

6-30 material reasonably calculated to withstand the elements for 40

6-31 days. The governing body must be consistent in its use of colors for

6-32 the background and lettering of the sign. The sign must include the

6-33 following information:

6-34 (a) The existing zoning designation of the property in question;

6-35 (b) The proposed zoning designation of the property in question;

6-36 (c) The date, time and place of the public hearing;

6-37 (d) A telephone number which may be used by interested

6-38 persons to obtain additional information; and

6-39 (e) A statement which indicates whether the proposed zoning

6-40 designation of the property in question complies with the

7-1 requirements of the master plan of the city or county in which the

7-2 property is located.

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

7-4 purposes only, and must be erected regardless of any local

7-5 ordinance regarding the size, placement or composition of signs to

7-6 the contrary.

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

7-8 application to amend an existing zoning regulation, restriction or

7-9 boundary to cover the actual costs resulting from the mailed notice

7-10 required by this section and the erection of not more than one of the

7-11 signs required by subsection 6, if any. The additional fee is not

7-12 subject to the limitation imposed by NRS 354.5989.

7-13 9. The governing body shall remove or cause to be removed

7-14 any sign required by subsection 6 within 5 days after the final

7-15 hearing for the application for which the sign was erected. There

7-16 must be no additional charge to the applicant for such removal.

7-17 10. If a proposed amendment involves a change in the

7-18 boundary of a zoning district in a county whose population is

7-19 400,000 or more that would reduce the density or intensity with

7-20 which a parcel of land may be used and at least 20 percent of the

7-21 property owners to whom notices were sent pursuant to subsections

7-22 3 and 4 indicate in their responses opposition to the proposed

7-23 amendment, the governing body shall not approve the proposed

7-24 amendment unless the governing body:

7-25 (a) Considers separately the merits of each aspect of the

7-26 proposed amendment to which the owners expressed opposition;

7-27 and

7-28 (b) Makes a written finding that the public interest and necessity

7-29 will be promoted by approval of the proposed amendment.

7-30 11. The governing body of a county whose population is

7-31 400,000 or more shall not approve a zoning regulation, restriction

7-32 or boundary, or the amendment thereof, that affects any

7-33 unincorporated area of the county that is surrounded completely by

7-34 the territory of an incorporated city without sending a notice to the

7-35 governing body of the city. The governing body of the city, or its

7-36 designee, must submit any recommendations to the governing body

7-37 of the county within 15 days after receiving the notice. The

7-38 governing body of the county shall consider any such

7-39 recommendations. If the governing body of the county does not

7-40 accept a recommendation, the governing body of the county, or its

7-41 authorized agent, shall specify for the record the reasons for its

7-42 action.

8-1 Sec. 3. 1. This section and section 1 of this act become

8-2 effective at 12:01 a.m. on October 1, 1999.

8-3 2. Section 2 of this act becomes effective at 12:02 a.m. on October 1,

8-4 1999.