Senate Bill No. 121–Committee on Judiciary
(On Behalf of City of Las Vegas)
February 4, 1999
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Referred to Committee on Judiciary
SUMMARY—Revises provisions governing required disclosures regarding certain residences and notices concerning proposed changes in zoning. (BDR 10-610)
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
AN ACT relating to real property; revising the provisions governing certain disclosures required to be made to certain purchasers of residences; revising the provisions governing notices of public hearings regarding certain changes in zoning regulations, restrictions and districts; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 113 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. Except as otherwise provided in subsection 3, in a county whose1-4
population is 400,000 or more, a seller may not sign a sales agreement1-5
with the initial purchaser of a residence unless the seller, at least 241-6
hours before the time of the signing, provides the initial purchaser with a1-7
disclosure document that contains:1-8
(a) A copy of the most recent gaming enterprise district map that has1-9
been made available for public inspection pursuant to NRS 463.309 by1-10
the city or town in which the residence is located or, if the residence is1-11
not located in a city or town, by the county in which the residence is1-12
located; and2-1
(b) The location of the gaming enterprise district that is nearest to the2-2
residence, regardless of the jurisdiction in which the nearest gaming2-3
enterprise district is located.2-4
The seller shall retain a copy of the disclosure document that has been2-5
signed by the initial purchaser acknowledging the time and date of2-6
receipt by the initial purchaser of the original document.2-7
2. The information contained in the disclosure document required by2-8
subsection 1 must:2-9
(a) Be updated not less than once every 4 months;2-10
(b) Advise the initial purchaser that gaming enterprise districts are2-11
subject to change; and2-12
(c) Provide the initial purchaser with instructions on how to obtain2-13
more current information.2-14
3. The initial purchaser of a residence may waive the 24-hour period2-15
required by subsection 1 if the seller provides the initial purchaser with2-16
the information required by subsections 1 and 2 and the initial purchaser2-17
signs a written waiver. The seller shall retain a copy of the written waiver2-18
that has been signed by the initial purchaser acknowledging the time and2-19
date of receipt by the initial purchaser of the original document.2-20
4. As used in this section, "seller" has the meaning ascribed to it in2-21
NRS 113.070.2-22
Sec. 2. NRS 113.070 is hereby amended to read as follows:2-23
113.070 1.2-24
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written document, disclose to3-12
designations and the designations in the master plan regarding land use3-13
adopted pursuant to chapter 278 of NRS , and the general land uses3-14
described therein, for the adjoining parcels of land. If the residence is3-15
located within a subdivision, the disclosure must be made regarding all3-16
parcels of land adjoining the unit of the subdivision in which the residence3-17
is located. If the residence is located on land divided by a parcel map and3-18
not located within a subdivision, the disclosure must be made regarding all3-19
parcels of land adjoining the parcel map. Such a disclosure must be made3-20
regardless of whether the adjoining parcels are owned by the seller. The3-21
seller shall retain a copy of the disclosure document which has been signed3-22
by the initial purchaser acknowledging the date of receipt by the initial3-23
purchaser of the original document.3-24
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by subsection3-26
(a) Be updated3-27
information is available from the local government;3-28
(b) Advise the initial purchaser that the master plan is for the general,3-29
comprehensive and long-term development of land in the area and that3-30
the designations in the master plan regarding land use provide the most3-31
probable indication of future development which may occur on the3-32
surrounding properties;3-33
(c) Advise the initial purchaser that the master plan and zoning3-34
ordinances and regulations adopted pursuant to the master plan are subject3-35
to change; and3-36
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more current information.3-38
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attempts to sell any land or tract of land in this state which is divided or3-40
proposed to be divided over any period into two or more lots, parcels, units3-41
or interests, including, but not limited to, undivided interests, which are3-42
offered, known, designated or advertised as a common unit by a common3-43
name or as a part of a common promotional plan of advertising and sale.4-1
Sec. 3. NRS 278.260 is hereby amended to read as follows: 278.260 1. The governing body shall provide for the manner in4-3
which zoning regulations and restrictions and the boundaries of zoning4-4
districts are determined, established, enforced and amended.4-5
2. A zoning regulation, restriction or boundary must not become4-6
effective until after a public hearing at which parties in interest and other4-7
persons have an opportunity to be heard. The governing body shall cause4-8
notice of the time and place of the hearing to be:4-9
(a) Published in an official newspaper, or a newspaper of general4-10
circulation, in the city, county or region; and4-11
(b) Mailed to each tenant of a mobile home park if that park is located4-12
within 300 feet of the property in question,4-13
at least 10 days before the hearing.4-14
3. If the proposed amendment involves a change in the boundary of a4-15
zoning district in a county whose population is less than 400,000, the4-16
governing body shall, to the extent this notice does not duplicate the notice4-17
required by subsection 2, cause a notice to be sent by mail at least 10 days4-18
before the hearing to:4-19
(a) The applicant;4-20
(b) Each owner, as listed on the county assessor’s records, of real4-21
property located within 300 feet of the portion of the boundary being4-22
changed;4-23
(c) Each owner, as listed on the county assessor’s records, of at least 304-24
parcels nearest to the portion of the boundary being changed, to the extent4-25
this notice does not duplicate the notice given pursuant to paragraph (b);4-26
and4-27
(d) Any advisory board which has been established for the affected area4-28
by the governing body.4-29
The notice must be written in language which is easy to understand.4-30
The notice must set forth the time, place and purpose of the hearing and a4-31
physical description of, or a map detailing, the proposed change4-32
indicate the existing zoning designation, and the proposed zoning4-33
designation, of the property in question, and must contain a brief4-34
summary of the intent of the proposed change.4-35
4. If the proposed amendment involves a change in the boundary of a4-36
zoning district in a county whose population is 400,000 or more, the4-37
governing body shall, to the extent this notice does not duplicate the notice4-38
required by subsection 2, cause a notice to be sent by mail at least 10 days4-39
before the hearing to:4-40
(a) The applicant;4-41
(b) Each owner, as listed on the county assessor’s records, of real4-42
property located within 500 feet from the portion of the boundary being4-43
changed;5-1
(c) Each owner, as listed on the county assessor’s records, of at least 305-2
parcels nearest to the portion of the boundary being changed, to the extent5-3
this notice does not duplicate the notice given pursuant to paragraph (b);5-4
and5-5
(d) Any advisory board which has been established for the affected area5-6
by the governing body.5-7
The notice must be written in language which is easy to understand.5-8
The notice must set forth the time, place and purpose of the hearing and a5-9
physical description of, or a map detailing, the proposed change5-10
indicate the existing zoning designation, and the proposed zoning5-11
designation, of the property in question, and must contain a brief5-12
summary of the intent of the proposed change.5-13
5. The exterior of the notice mailed pursuant to subsection 4 must bear5-14
a statement printed in at least 10-point bold type in substantially the5-15
following form:5-16
OFFICIAL NOTICE OF PUBLIC HEARING5-17
6. In addition to mailing the notice required pursuant to subsection 4,5-18
in a county whose population is 400,000 or more, the governing body shall,5-19
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on the property, at least one sign not less than 2 feet high and 2 feet wide.5-21
The sign must be made of material reasonably calculated to withstand the5-22
elements for 40 days. The governing body must be consistent in its use of5-23
colors for the background and lettering of the sign. The sign must include5-24
the following information:5-25
(a) The existing zoning designation of the property in question;5-26
(b) The proposed zoning designation of the property in question;5-27
(c) The date, time and place of the public hearing;5-28
(d) A telephone number which may be used by interested persons to5-29
obtain additional information; and5-30
(e) A statement which indicates whether the proposed zoning5-31
designation of the property in question complies with the requirements of5-32
the master plan of the city or county in which the property is located.5-33
7. A sign required pursuant to subsection 6 is for informational5-34
purposes only, and must be erected regardless of any local ordinance5-35
regarding the size, placement or composition of signs to the contrary.5-36
8. A governing body may charge an additional fee for each application5-37
to amend an existing zoning regulation, restriction or boundary to cover the5-38
actual costs resulting from the mailed notice required by this section and5-39
the erection of not more than one of the signs required by subsection 6, if5-40
any. The additional fee is not subject to the limitation imposed by NRS5-41
354.5989.6-1
9. The governing body shall remove or cause to be removed any sign6-2
required by subsection 6 within 5 days after the final hearing for the6-3
application for which the sign was erected. There must be no additional6-4
charge to the applicant for such removal.6-5
Sec. 4. This act becomes effective on December 1, 1999.~