A.B. 182
Assembly Bill No. 182–Committee on Government Affairs
February 19, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes to process of land use planning in certain counties. (BDR 22‑57)
FISCAL NOTE: Effect on Local Government: No.
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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).
AN ACT relating to land use planning; expanding the subjects that must be included within a master plan in certain counties; limiting the number of annual amendments to the land use plan of the master plan in certain circumstances; revising provisions governing applications for changes in the boundaries of zoning districts, variances and special use permits with regard to property located within an unincorporated town; requiring members of a town advisory board to receive certain training; authorizing the election of members of a town advisory board in additional counties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 278.150 is hereby amended to read as follows:
1-2 278.150 1. The planning commission shall prepare and adopt a
1-3 comprehensive, long-term general plan for the physical development of the
1-4 city, county or region which in the commission’s judgment bears relation
1-5 to the planning thereof.
1-6 2. The plan must be known as the master plan, and must be so
1-7 prepared that all or portions thereof, except as otherwise provided in
1-8 [subsection 3,] subsections 3 and 4, may be adopted by the governing
1-9 body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the
1-10 development of the city, county or region for such reasonable period of
1-11 time next ensuing after the adoption thereof as may practically be covered
1-12 thereby.
1-13 3. In counties whose population is 100,000 or more[,] but less than
1-14 400,000, if the governing body of the city or county adopts only a portion
1-15 of the master plan, it shall include in that portion a conservation plan, a
1-16 housing plan and a population plan as provided in NRS 278.160.
2-1 4. In counties whose population is 400,000 or more, the governing
2-2 body of the city or county shall adopt a master plan for all of the city or
2-3 county that must include each of the subjects set forth in subsection 1 of
2-4 NRS 278.160.
2-5 Sec. 2. NRS 278.160 is hereby amended to read as follows:
2-6 278.160 1. [The] Except as otherwise provided in subsection 4 of
2-7 NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the
2-8 accompanying charts, drawings, diagrams, schedules and reports, may
2-9 include such of the following subject matter or portions thereof as are
2-10 appropriate to the city, county or region, and as may be made the basis for
2-11 the physical development thereof:
2-12 (a) Community design. Standards and principles governing the
2-13 subdivision of land and suggestive patterns for community design and
2-14 development.
2-15 (b) Conservation plan. For the conservation, development and
2-16 utilization of natural resources, including water and its hydraulic force,
2-17 underground water, water supply, forests, soils, rivers and other waters,
2-18 harbors, fisheries, wildlife, minerals and other natural resources. The plan
2-19 must also cover the reclamation of land and waters, flood control,
2-20 prevention and control of the pollution of streams and other waters,
2-21 regulation of the use of land in stream channels and other areas required for
2-22 the accomplishment of the conservation plan, prevention, control and
2-23 correction of the erosion of soils through proper clearing, grading and
2-24 landscaping, beaches and shores, and protection of watersheds. The plan
2-25 must also indicate the maximum tolerable level of air pollution.
2-26 (c) Economic plan. Showing recommended schedules for the allocation
2-27 and expenditure of public money in order to provide for the economical
2-28 and timely execution of the various components of the plan.
2-29 (d) Historical properties preservation plan. An inventory of significant
2-30 historical, archaeological and architectural properties as defined by a city,
2-31 county or region, and a statement of methods to encourage the preservation
2-32 of those properties.
2-33 (e) Housing plan. The housing plan must include, but is not limited to:
2-34 (1) An inventory of housing conditions, needs and plans and
2-35 procedures for improving housing standards and for providing adequate
2-36 housing.
2-37 (2) An inventory of affordable housing in the community.
2-38 (3) An analysis of the demographic characteristics of the community.
2-39 (4) A determination of the present and prospective need for
2-40 affordable housing in the community.
2-41 (5) An analysis of any impediments to the development of affordable
2-42 housing and the development of policies to mitigate those impediments.
2-43 (6) An analysis of the characteristics of the land that is the most
2-44 appropriate for the construction of affordable housing.
2-45 (7) An analysis of the needs and appropriate methods for the
2-46 construction of affordable housing or the conversion or rehabilitation of
2-47 existing housing to affordable housing.
2-48 (8) A plan for maintaining and developing affordable housing to meet
2-49 the housing needs of the community.
3-1 (f) Land use plan. An inventory and classification of types of natural
3-2 land and of existing land cover and uses, and comprehensive plans for the
3-3 most desirable utilization of land. The land use plan may include a
3-4 provision concerning the acquisition and use of land that is under federal
3-5 management within the city, county or region, including, without
3-6 limitation, a plan or statement of policy prepared pursuant to NRS
3-7 321.7355.
3-8 (g) Population plan. An estimate of the total population which the
3-9 natural resources of the city, county or region will support on a continuing
3-10 basis without unreasonable impairment.
3-11 (h) Public buildings. Showing locations and arrangement of civic
3-12 centers and all other public buildings, including the architecture thereof
3-13 and the landscape treatment of the grounds thereof.
3-14 (i) Public services and facilities. Showing general plans for sewage,
3-15 drainage and utilities, and rights of way, easements and facilities therefor,
3-16 including any utility projects required to be reported pursuant to NRS
3-17 278.145.
3-18 (j) Recreation plan. Showing a comprehensive system of recreation
3-19 areas, including natural reservations, parks, parkways, trails, reserved
3-20 riverbank strips, beaches, playgrounds and other recreation areas,
3-21 including, when practicable, the locations and proposed development
3-22 thereof.
3-23 (k) Rural neighborhoods preservation plan. In any county whose
3-24 population is 400,000 or more, showing general plans to preserve the
3-25 character and density of rural neighborhoods.
3-26 (l) Safety plan. In any county whose population is 400,000 or more,
3-27 identifying potential types of natural and man-made hazards, including
3-28 hazards from floods, landslides or fires, or resulting from the manufacture,
3-29 storage, transfer or use of bulk quantities of hazardous materials. The plan
3-30 may set forth policies for avoiding or minimizing the risks from those
3-31 hazards.
3-32 (m) School facilities plan. Showing the general locations of current and
3-33 future school facilities based upon information furnished by the appropriate
3-34 local school district.
3-35 (n) Seismic safety plan. Consisting of an identification and appraisal of
3-36 seismic hazards such as susceptibility to surface ruptures from faulting, to
3-37 ground shaking or to ground failures.
3-38 (o) Solid waste disposal plan. Showing general plans for the disposal of
3-39 solid waste.
3-40 (p) Streets and highways plan. Showing the general locations and
3-41 widths of a comprehensive system of major traffic thoroughfares and other
3-42 traffic ways and of streets and the recommended treatment thereof,
3-43 building line setbacks, and a system of naming or numbering streets and
3-44 numbering houses, with recommendations concerning proposed changes.
3-45 (q) Transit plan. Showing a proposed multimodal system of transit
3-46 lines, including [rapid] mass transit, streetcar, motorcoach and trolley
3-47 coach lines , paths for bicycles and pedestrians, and related facilities.
4-1 (r) Transportation plan. Showing a comprehensive transportation
4-2 system, including locations of rights of way, terminals, viaducts and grade
4-3 separations. The plan may also include port, harbor, aviation and related
4-4 facilities.
4-5 2. The commission may prepare and adopt, as part of the master plan,
4-6 other and additional plans and reports dealing with such other subjects as
4-7 may in its judgment relate to the physical development of the city, county
4-8 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,
4-9 prohibits the preparation and adoption of any such subject as a part of the
4-10 master plan.
4-11 Sec. 3. NRS 278.170 is hereby amended to read as follows:
4-12 278.170 1. [The] Except as otherwise provided in subsections 2 and
4-13 3, the commission may prepare and adopt all or any part of the master plan
4-14 or any subject thereof[, except as provided in subsection 2,] for all or any
4-15 part of the city, county or region. Master regional plans must be
4-16 coordinated with similar plans of adjoining regions, and master county and
4-17 city plans within each region must be coordinated so as to fit properly into
4-18 the master plan for the region.
4-19 2. In counties whose population is 100,000 or more[,] but less than
4-20 400,000, if the commission prepares and adopts less than all subjects of the
4-21 master plan, as outlined in NRS 278.160, it shall include, in its preparation
4-22 and adoption, the conservation, housing and population plans described in
4-23 that section.
4-24 3. In counties whose population is 400,000 or more, the commission
4-25 shall prepare and adopt a master plan for all of the city or county that
4-26 must include each of the subjects set forth in subsection 1 of NRS
4-27 278.160.
4-28 Sec. 4. NRS 278.210 is hereby amended to read as follows:
4-29 278.210 1. Before adopting the master plan or any part of it[,] in
4-30 accordance with NRS 278.170, or any substantial amendment thereof, the
4-31 commission shall hold at least one public hearing thereon, notice of the
4-32 time and place of which [shall] must be given at least by one publication in
4-33 a newspaper of general circulation in the city or county, or in the case of a
4-34 regional planning commission, by one publication in a newspaper in each
4-35 county within the regional district, at least 10 days before the day of the
4-36 hearing.
4-37 2. The adoption of the master plan, or of any amendment, extension or
4-38 addition thereof, [shall] must be by resolution of the commission carried by
4-39 the affirmative votes of not less than two-thirds of the total membership of
4-40 the commission. The resolution [shall] must refer expressly to the maps,
4-41 descriptive matter and other matter intended by the commission to
4-42 constitute the plan or any amendment, addition or extension thereof, and
4-43 the action taken [shall] must be recorded on the map and plan and
4-44 descriptive matter by the identifying signatures of the secretary and
4-45 chairman of the commission.
4-46 3. No plan or map, hereafter, [shall] may have indicated thereon that it
4-47 is a part of the master plan until it [shall have] has been adopted as part of
4-48 the master plan by the commission as herein provided for the adoption
5-1 thereof, whenever changed conditions or further studies by the commission
5-2 require such amendments, extension, or addition.
5-3 4. Except as otherwise provided in this subsection, the commission
5-4 shall not amend the land use plan of the master plan set forth in
5-5 paragraph (f) of subsection 1 of NRS 278.160 more than four times in a
5-6 calendar year. The provisions of this subsection do not apply to a change
5-7 in the land use designated for a particular area if the change does not
5-8 affect more than 25 percent of the area.
5-9 5. An attested copy of any part, amendment, extension of or addition
5-10 to the master plan adopted by the planning commission of any city, county
5-11 or region [shall] in accordance with NRS 278.170 must be certified to the
5-12 governing body of [such] the city, county or region.
5-13 [5.] 6. An attested copy of any part, amendment, extension of or
5-14 addition to the master plan adopted by any regional planning commission
5-15 [shall] must be certified to the county planning commission and to the
5-16 board of county commissioners of each county within the regional district.
5-17 Sec. 5. NRS 278.220 is hereby amended to read as follows:
5-18 278.220 Except as otherwise provided in subsection 4 of NRS
5-19 278.150:
5-20 1. Upon receipt of a certified copy of the master plan, or of any part
5-21 thereof, as adopted by the planning commission, the governing body may
5-22 adopt such parts thereof as may practicably be applied to the development
5-23 of the city, county or region for a reasonable period of time next ensuing.
5-24 2. The parts [shall] must thereupon be endorsed and certified as master
5-25 plans thus adopted for the territory covered, and are hereby declared to be
5-26 established to conserve and promote the public health, safety and general
5-27 welfare.
5-28 3. Before adopting any plan or part thereof, the governing body shall
5-29 hold at least one public hearing thereon, notice of the time and place of
5-30 which [shall] must be published at least once in a newspaper of general
5-31 circulation in the city or counties at least 10 days before the day of hearing.
5-32 4. No change in or addition to the master plan or any part thereof, as
5-33 adopted by the planning commission, [shall] may be made by the
5-34 governing body in adopting the same until the proposed change or addition
5-35 [shall have] has been referred to the planning commission for a report
5-36 thereon and an attested copy of the report [shall have] has been filed with
5-37 the governing body. Failure of the planning commission so to report within
5-38 40 days, or such longer period as may be designated by the governing
5-39 body, after such reference shall be deemed to be approval of the proposed
5-40 change or addition.
5-41 Sec. 6. NRS 278.230 is hereby amended to read as follows:
5-42 278.230 1. [Whenever] Except as otherwise provided in subsection
5-43 4 of NRS 278.150, whenever the governing body of any city or county has
5-44 adopted a master plan or part thereof for the city or county, or for any
5-45 major section or district thereof, the governing body shall, upon
5-46 recommendation of the planning commission, determine upon reasonable
5-47 and practical means for putting into effect the master plan or part thereof,
5-48 in order that the same will serve as:
6-1 (a) A pattern and guide for that kind of orderly physical growth and
6-2 development of the city or county which will cause the least amount of
6-3 natural resource impairment and will conform to the adopted population
6-4 plan, where required, and ensure an adequate supply of housing, including
6-5 affordable housing; and
6-6 (b) A basis for the efficient expenditure of funds thereof relating to the
6-7 subjects of the master plan.
6-8 2. The governing body may adopt and use such procedure as may be
6-9 necessary for this purpose.
6-10 Sec. 7. NRS 278.260 is hereby amended to read as follows:
6-11 278.260 1. The governing body shall provide for the manner in
6-12 which zoning regulations and restrictions and the boundaries of zoning
6-13 districts are determined, established, enforced and amended.
6-14 2. A zoning regulation, restriction or boundary or an amendment
6-15 thereto must not become effective until after presentation of the matter
6-16 pursuant to subsection 5, if applicable, and after a public hearing at
6-17 which parties in interest and other persons have an opportunity to be heard.
6-18 The governing body shall cause notice of the time and place of the hearing
6-19 to be:
6-20 (a) Published in an official newspaper, or a newspaper of general
6-21 circulation, in the city, county or region; and
6-22 (b) Mailed to each tenant of a mobile home park if that park is located
6-23 within 300 feet of the property in question,
6-24 at least 10 days before the hearing.
6-25 3. If [the] a proposed amendment involves a change in the boundary of
6-26 a zoning district in a county whose population is less than 400,000, the
6-27 governing body shall, to the extent this notice does not duplicate the notice
6-28 required by subsection 2, cause a notice to be sent at least 10 days before
6-29 the hearing to:
6-30 (a) The applicant;
6-31 (b) Each owner, as listed on the county assessor’s records, of real
6-32 property located within 300 feet of the portion of the boundary being
6-33 changed;
6-34 (c) Each [owner,] of the owners, as listed on the county assessor’s
6-35 records, of at least the 30 parcels nearest to the portion of the boundary
6-36 being changed, to the extent this notice does not duplicate the notice given
6-37 pursuant to paragraph (b); and
6-38 (d) Any advisory board which has been established for the affected area
6-39 by the governing body.
6-40 The notice must be sent by mail or, if requested by a party to whom notice
6-41 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
6-42 means if receipt of such an electronic notice can be verified, and be written
6-43 in language which is easy to understand. The notice must set forth the time,
6-44 place and purpose of the hearing and a physical description of, or a map
6-45 detailing, the proposed change, must indicate the existing zoning
6-46 designation, and the proposed zoning designation, of the property in
6-47 question, and must contain a brief summary of the intent of the proposed
6-48 change. If the proposed amendment involves a change in the boundary of
6-49 the zoning district that would reduce the density or intensity with which a
7-1 parcel of land may be used, the notice must include a section that an owner
7-2 of property may complete and return to the governing body to indicate his
7-3 approval of or opposition to the proposed amendment.
7-4 4. If [the] a proposed amendment involves a change in the boundary of
7-5 a zoning district in a county whose population is 400,000 or more, the
7-6 governing body shall, to the extent this notice does not duplicate the notice
7-7 required by subsection 2, cause a notice to be sent at least 10 days before
7-8 the hearing to:
7-9 (a) The applicant;
7-10 (b) Each owner, as listed on the county assessor’s records, of real
7-11 property located within 500 feet [from] of the portion of the boundary
7-12 being changed;
7-13 (c) Each [owner,] of the owners, as listed on the county assessor’s
7-14 records, of at least the 30 parcels nearest to the portion of the boundary
7-15 being changed, to the extent this notice does not duplicate the notice given
7-16 pursuant to paragraph (b); and
7-17 (d) Any advisory board which has been established for the affected area
7-18 by the governing body.
7-19 The notice must be sent by mail or, if requested by a party to whom notice
7-20 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
7-21 means if receipt of such an electronic notice can be verified, and be written
7-22 in language which is easy to understand. The notice must set forth the time,
7-23 place and purpose of the hearing and a physical description of, or a map
7-24 detailing, the proposed change, must indicate the existing zoning
7-25 designation, and the proposed zoning designation, of the property in
7-26 question, and must contain a brief summary of the intent of the proposed
7-27 change. If the proposed amendment involves a change in the boundary of
7-28 the zoning district that would reduce the density or intensity with which a
7-29 parcel of land may be used, the notice must include a section that an owner
7-30 of property may complete and return to the governing body to indicate his
7-31 approval of or opposition to the proposed amendment.
7-32 5. If a proposed amendment involves a change in the boundary of a
7-33 zoning district within an unincorporated town, the applicant shall
7-34 present the information contained in the application at a meeting of the
7-35 town board, citizens’ advisory council or town advisory board, whichever
7-36 is applicable, of the unincorporated town before a hearing is held on the
7-37 application pursuant to subsection 2. The town board, citizens’ advisory
7-38 council or town advisory board may make recommendations regarding
7-39 the application and submit its recommendations for consideration at the
7-40 hearing held pursuant to subsection 2. The governing body or other
7-41 person or entity that is authorized to take action on the application at the
7-42 hearing held pursuant to subsection 2 shall not take action on the
7-43 application until it receives recommendations from the town board,
7-44 citizens’ advisory council or town advisory board regarding the
7-45 application or evidence from the applicant that he presented the
7-46 information contained in the application at a meeting of the town board,
7-47 citizens’ advisory council or town advisory board. The governing body or
7-48 other authorized person or entity shall consider any recommendations
7-49 made by the town board, citizens’ advisory council or town advisory
8-1 board regarding the application. If the governing body or other
8-2 authorized person or entity does not accept any such recommendation,
8-3 the governing body or other authorized person or entity shall make a
8-4 written finding specifying the reasons for its refusal to accept the
8-5 recommendation.
8-6 6. If a notice is required to be sent pursuant to subsection 4:
8-7 (a) The exterior of a notice sent by mail; or
8-8 (b) The cover sheet, heading or subject line of a notice sent by
8-9 electronic means,
8-10 must bear a statement in at least 10-point bold type or font in substantially
8-11 the following form:
8-12 OFFICIAL NOTICE OF PUBLIC HEARING
8-13 [6.] 7. In addition to sending the notice required pursuant to
8-14 subsection 4, in a county whose population is 400,000 or more, the
8-15 governing body shall, not later than 10 days before the hearing, erect or
8-16 cause to be erected on the property, at least one sign not less than 2 feet
8-17 high and 2 feet wide. The sign must be made of material reasonably
8-18 calculated to withstand the elements for 40 days. The governing body must
8-19 be consistent in its use of colors for the background and lettering of the
8-20 sign. The sign must include the following information:
8-21 (a) The existing zoning designation of the property in question;
8-22 (b) The proposed zoning designation of the property in question;
8-23 (c) The date, time and place of the public hearing;
8-24 (d) A telephone number which may be used by interested persons to
8-25 obtain additional information; and
8-26 (e) A statement which indicates whether the proposed zoning
8-27 designation of the property in question complies with the requirements of
8-28 the master plan of the city or county in which the property is located.
8-29 [7.] 8. A sign required pursuant to subsection [6] 7 is for
8-30 informational purposes only, and must be erected regardless of any local
8-31 ordinance regarding the size, placement or composition of signs to the
8-32 contrary.
8-33 [8.] 9. A governing body may charge an additional fee for each
8-34 application to amend an existing zoning regulation, restriction or boundary
8-35 to cover the actual costs resulting from the mailed notice required by this
8-36 section and the erection of not more than one of the signs required by
8-37 subsection [6,] 7, if any. The additional fee is not subject to the limitation
8-38 imposed by NRS 354.5989.
8-39 [9.] 10. The governing body shall remove or cause to be removed any
8-40 sign required by subsection [6] 7 within 5 days after the final hearing for
8-41 the application for which the sign was erected. There must be no additional
8-42 charge to the applicant for such removal.
8-43 [10.] 11. If a proposed amendment involves a change in the boundary
8-44 of a zoning district in a county whose population is 400,000 or more that
8-45 would reduce the density or intensity with which a parcel of land may be
8-46 used and at least 20 percent of the property owners to whom notices were
8-47 sent pursuant to [subsections 3 and] subsection 4 indicate in their
9-1 responses opposition to the proposed amendment, the governing body shall
9-2 not approve the proposed amendment unless the governing body:
9-3 (a) Considers separately the merits of each aspect of the proposed
9-4 amendment to which the owners expressed opposition; and
9-5 (b) Makes a written finding that the public interest and necessity will be
9-6 promoted by approval of the proposed amendment.
9-7 [11.] 12. The governing body of a county whose population is
9-8 400,000 or more shall not approve a zoning regulation, restriction or
9-9 boundary, or [the] an amendment thereof, that affects any unincorporated
9-10 area of the county that is surrounded completely by the territory of an
9-11 incorporated city without sending a notice to the governing body of the
9-12 city. The governing body of the city, or its designee, must submit any
9-13 recommendations to the governing body of the county within 15 days after
9-14 receiving the notice. The governing body of the county shall consider any
9-15 such recommendations. If the governing body of the county does not
9-16 accept a recommendation, the governing body of the county, or its
9-17 authorized agent, shall specify for the record the reasons for its action.
9-18 Sec. 8. NRS 278.315 is hereby amended to read as follows:
9-19 278.315 1. The governing body may provide by ordinance for the
9-20 granting of variances, special use permits, conditional use permits or other
9-21 special exceptions by the board of adjustment, the planning commission or
9-22 a hearing examiner appointed pursuant to NRS 278.262. The governing
9-23 body may impose this duty entirely on the board, commission or examiner,
9-24 respectively, or provide for the granting of enumerated categories of
9-25 variances, special use permits, conditional use permits or special
9-26 exceptions by the board, commission or examiner.
9-27 2. A hearing to consider an application for the granting of a variance,
9-28 special use permit, conditional use permit or special exception must be held
9-29 before the board of adjustment, planning commission or hearing examiner
9-30 within 65 days after the filing of the application, unless a longer time or a
9-31 different process of review is provided in an agreement entered into
9-32 pursuant to NRS 278.0201. A notice setting forth the time, place and
9-33 purpose of the hearing must be sent by mail at least 10 days before the
9-34 hearing to:
9-35 (a) The applicant;
9-36 (b) Each owner of real property located within 300 feet of the property
9-37 in question;
9-38 (c) If a mobile home park is located within 300 feet of the property in
9-39 question, each tenant of that mobile home park; and
9-40 (d) Any advisory board which has been established for the affected area
9-41 by the governing body.
9-42 The notice must be sent by mail or, if requested by a party to whom notice
9-43 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
9-44 means if receipt of such an electronic notice can be verified, and be written
9-45 in language which is easy to understand. The notice must set forth the time,
9-46 place and purpose of the hearing and a physical description or map of the
9-47 property in question.
9-48 3. If the application is for the issuance of a special use permit in a
9-49 county whose population is 100,000 or more, the governing body shall, to
10-1 the extent this notice does not duplicate the notice required by subsection
10-2 2, cause a notice to be sent at least 10 days before the hearing to each
10-3 [owner,] of the owners, as listed on the county assessor’s records, of at
10-4 least the 30 parcels nearest to the property in question. The notice must be
10-5 sent by mail or, if requested by an owner to whom notice must be provided,
10-6 by electronic means if receipt of such an electronic notice can be verified,
10-7 and be written in language which is easy to understand. The notice must set
10-8 forth the time, place and purpose of the hearing and a physical description
10-9 or map of the property in question.
10-10 4. If an application is for the issuance of a variance or special use
10-11 permit with regard to property that is located within an unincorporated
10-12 town, the applicant shall present the information contained in the
10-13 application at a meeting of the town board, citizens’ advisory council or
10-14 town advisory board, whichever is applicable, of the unincorporated town
10-15 before a hearing is held on the application pursuant to subsection 2. The
10-16 town board, citizens’ advisory council or town advisory board may make
10-17 recommendations regarding the application and submit its
10-18 recommendations for consideration at the hearing held pursuant to
10-19 subsection 2. The governing body or other person or entity that is
10-20 authorized to take action on the application at the hearing held pursuant
10-21 to subsection 2 shall not take action on the application until it receives
10-22 recommendations from the town board, citizens’ advisory council or
10-23 town advisory board regarding the application or evidence from the
10-24 applicant that he presented the information contained in the application
10-25 at a meeting of the town board, citizens’ advisory council or town
10-26 advisory board. The governing body or other authorized person or entity
10-27 shall consider any recommendations made by the town board, citizens’
10-28 advisory council or town advisory board regarding the application. If the
10-29 governing body or other authorized person or entity does not accept any
10-30 such recommendation, the governing body or other authorized person or
10-31 entity shall make a written finding specifying the reasons for its refusal
10-32 to accept the recommendation.
10-33 5. An ordinance adopted pursuant to this section must provide an
10-34 opportunity for the applicant or a protestant to appeal from a decision of
10-35 the board of adjustment, planning commission or hearing examiner to the
10-36 governing body.
10-37 [5.] 6. In a county whose population is 400,000 or more, if the
10-38 application is for the issuance of a special use permit for an establishment
10-39 which serves alcoholic beverages for consumption on or off of the
10-40 premises as its primary business in a district which is not a gaming
10-41 enterprise district as defined in NRS 463.0158, the governing body shall, in
10-42 addition to sending the notice required pursuant to subsection 3, not later
10-43 than 10 days before the hearing, erect or cause to be erected on the
10-44 property, at least one sign not less than 2 feet high and 2 feet wide. The
10-45 sign must be made of material reasonably calculated to withstand the
10-46 elements for 40 days. The governing body must be consistent in its use of
10-47 colors for the background and lettering of the sign. The sign must include
10-48 the following information:
11-1 (a) The existing permitted use and zoning designation of the property in
11-2 question;
11-3 (b) The proposed permitted use of the property in question;
11-4 (c) The date, time and place of the public hearing; and
11-5 (d) A telephone number which may be used by interested persons to
11-6 obtain additional information.
11-7 [6.] 7. A sign required pursuant to subsection [5] 6 is for
11-8 informational purposes only, and must be erected regardless of any local
11-9 ordinance regarding the size, placement or composition of signs to the
11-10 contrary.
11-11 [7.] 8. A governing body may charge an additional fee for each
11-12 application for a special use permit to cover the actual costs resulting from
11-13 the erection of not more than one sign required by subsection [5,] 6, if any.
11-14 The additional fee is not subject to the limitation imposed by NRS
11-15 354.5989.
11-16 [8.] 9. The governing body shall remove or cause to be removed any
11-17 sign required by subsection [5] 6 within 5 days after the final hearing for
11-18 the application for which the sign was erected. There must be no additional
11-19 charge to the applicant for such removal.
11-20 [9.] 10. The provisions of this section do not apply to an application
11-21 for a conditional use permit filed pursuant to NRS 278.147.
11-22 Sec. 9. Chapter 269 of NRS is hereby amended by adding thereto a
11-23 new section to read as follows:
11-24 Each member of a town advisory board shall, at least twice during the
11-25 first year of his initial term of office and at least during every subsequent
11-26 year that he serves in office, attend training relating to:
11-27 1. State statutes and regulations and local ordinances, resolutions
11-28 and regulations concerning land use planning; and
11-29 2. The provisions of chapter 241 of NRS.
11-30 Sec. 10. NRS 269.500 is hereby amended to read as follows:
11-31 269.500 NRS 269.500 to 269.625, inclusive, and section 9 of this act
11-32 may be cited as the Unincorporated Town Government Law.
11-33 Sec. 11. NRS 269.576 is hereby amended to read as follows:
11-34 269.576 1. Except as appointment may be deferred pursuant to NRS
11-35 269.563, the board of county commissioners of any county whose
11-36 population is 400,000 or more shall, in each ordinance which establishes an
11-37 unincorporated town pursuant to NRS 269.500 to 269.625, inclusive,
11-38 provide for:
11-39 (a) Appointment by the board of county commissioners or the election
11-40 by the registered voters of the unincorporated town of three or five
11-41 qualified electors who are residents of the unincorporated town to serve as
11-42 the town advisory board. If the ordinance provides for appointment by the
11-43 board of county commissioners, in making such appointments, the board
11-44 of county commissioners shall consider:
11-45 (1) Reappointment of any member of the town advisory board who
11-46 is currently serving on the town advisory board and who notifies the
11-47 board of county commissioners of his desire to be reappointed;
11-48 (2) The results of any poll conducted by the town advisory board;
11-49 and
12-1 (3) Any application submitted to the board of county commissioners
12-2 by persons who desire to be appointed to the town advisory board in
12-3 response to an announcement made by the town advisory board.
12-4 (b) Terms for members of the town advisory board, which must expire
12-5 on the first Monday in January of each odd-numbered year.
12-6 (c) Removal of a member of the town advisory board if the board of
12-7 county commissioners finds that his removal is in the best interest of the
12-8 residents of the unincorporated town, and for appointment of a member to
12-9 serve the unexpired term of the member so removed.
12-10 2. The duties of the town advisory board are to:
12-11 (a) Assist the board of county commissioners in governing the
12-12 unincorporated town by acting as liaison between the residents of the town
12-13 and the board of county commissioners; and
12-14 (b) Advise the board of county commissioners on matters of importance
12-15 to the unincorporated town and its residents.
12-16 3. The board of county commissioners may provide by ordinance for
12-17 compensation for the members of the town advisory board.
12-18 Sec. 12. 1. This section and sections 1, 2, 3, 5 to 8, inclusive, 10 and
12-19 11 of this act become effective on October 1, 2001.
12-20 2. Sections 4 and 9 of this act become effective on January 1, 2002.
12-21 H