(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.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 and revises provisions regarding members of town advisory boards in certain counties. (BDR 22‑57)
FISCAL NOTE: Effect on Local Government: No.
~
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).
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 address 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.
3-48 (r) Transportation plan. Showing a comprehensive transportation
3-49 system, including locations of rights of way, terminals, viaducts and grade
4-1 separations. The plan may also include port, harbor, aviation and related
4-2 facilities.
4-3 2. The commission may prepare and adopt, as part of the master plan,
4-4 other and additional plans and reports dealing with such other subjects as
4-5 may in its judgment relate to the physical development of the city, county
4-6 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,
4-7 prohibits the preparation and adoption of any such subject as a part of the
4-8 master plan.
4-9 Sec. 3. NRS 278.170 is hereby amended to read as follows:
4-10 278.170 1. [The] Except as otherwise provided in subsections 2 and
4-11 3, the commission may prepare and adopt all or any part of the master plan
4-12 or any subject thereof[, except as provided in subsection 2,] for all or any
4-13 part of the city, county or region. Master regional plans must be
4-14 coordinated with similar plans of adjoining regions, and master county and
4-15 city plans within each region must be coordinated so as to fit properly into
4-16 the master plan for the region.
4-17 2. In counties whose population is 100,000 or more[,] but less than
4-18 400,000, if the commission prepares and adopts less than all subjects of the
4-19 master plan, as outlined in NRS 278.160, it shall include, in its preparation
4-20 and adoption, the conservation, housing and population plans described in
4-21 that section.
4-22 3. In counties whose population is 400,000 or more, the commission
4-23 shall prepare and adopt a master plan for all of the city or county that
4-24 must address each of the subjects set forth in subsection 1 of NRS
4-25 278.160.
4-26 Sec. 4. NRS 278.210 is hereby amended to read as follows:
4-27 278.210 1. Before adopting the master plan or any part of it[,] in
4-28 accordance with NRS 278.170, or any substantial amendment thereof, the
4-29 commission shall hold at least one public hearing thereon, notice of the
4-30 time and place of which [shall] must be given at least by one publication in
4-31 a newspaper of general circulation in the city or county, or in the case of a
4-32 regional planning commission, by one publication in a newspaper in each
4-33 county within the regional district, at least 10 days before the day of the
4-34 hearing.
4-35 2. The adoption of the master plan, or of any amendment, extension or
4-36 addition thereof, [shall] must be by resolution of the commission carried by
4-37 the affirmative votes of not less than two-thirds of the total membership of
4-38 the commission. The resolution [shall] must refer expressly to the maps,
4-39 descriptive matter and other matter intended by the commission to
4-40 constitute the plan or any amendment, addition or extension thereof, and
4-41 the action taken [shall] must be recorded on the map and plan and
4-42 descriptive matter by the identifying signatures of the secretary and
4-43 chairman of the commission.
4-44 3. No plan or map, hereafter, [shall] may have indicated thereon that it
4-45 is a part of the master plan until it [shall have] has been adopted as part of
4-46 the master plan by the commission as herein provided for the adoption
4-47 thereof, whenever changed conditions or further studies by the commission
4-48 require such amendments, extension, or addition.
5-1 4. Except as otherwise provided in this subsection, the commission
5-2 shall not amend the land use plan of the master plan set forth in
5-3 paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a
5-4 land use plan, more than four times in a calendar year. The provisions of
5-5 this subsection do not apply to a change in the land use designated for a
5-6 particular area if the change does not affect more than 25 percent of the
5-7 area.
5-8 5. An attested copy of any part, amendment, extension of or addition
5-9 to the master plan adopted by the planning commission of any city, county
5-10 or region [shall] in accordance with NRS 278.170 must be certified to the
5-11 governing body of [such] the city, county or region.
5-12 [5.] 6. An attested copy of any part, amendment, extension of or
5-13 addition to the master plan adopted by any regional planning commission
5-14 [shall] must be certified to the county planning commission and to the
5-15 board of county commissioners of each county within the regional district.
5-16 Sec. 5. NRS 278.220 is hereby amended to read as follows:
5-17 278.220 Except as otherwise provided in subsection 4 of NRS
5-18 278.150:
5-19 1. Upon receipt of a certified copy of the master plan, or of any part
5-20 thereof, as adopted by the planning commission, the governing body may
5-21 adopt such parts thereof as may practicably be applied to the development
5-22 of the city, county or region for a reasonable period of time next ensuing.
5-23 2. The parts [shall] must thereupon be endorsed and certified as master
5-24 plans thus adopted for the territory covered, and are hereby declared to be
5-25 established to conserve and promote the public health, safety and general
5-26 welfare.
5-27 3. Before adopting any plan or part thereof, the governing body shall
5-28 hold at least one public hearing thereon, notice of the time and place of
5-29 which [shall] must be published at least once in a newspaper of general
5-30 circulation in the city or counties at least 10 days before the day of hearing.
5-31 4. No change in or addition to the master plan or any part thereof, as
5-32 adopted by the planning commission, [shall] may be made by the
5-33 governing body in adopting the same until the proposed change or addition
5-34 [shall have] has been referred to the planning commission for a report
5-35 thereon and an attested copy of the report [shall have] has been filed with
5-36 the governing body. Failure of the planning commission so to report within
5-37 40 days, or such longer period as may be designated by the governing
5-38 body, after such reference shall be deemed to be approval of the proposed
5-39 change or addition.
5-40 Sec. 6. NRS 278.230 is hereby amended to read as follows:
5-41 278.230 1. [Whenever] Except as otherwise provided in subsection
5-42 4 of NRS 278.150, whenever the governing body of any city or county has
5-43 adopted a master plan or part thereof for the city or county, or for any
5-44 major section or district thereof, the governing body shall, upon
5-45 recommendation of the planning commission, determine upon reasonable
5-46 and practical means for putting into effect the master plan or part thereof,
5-47 in order that the same will serve as:
5-48 (a) A pattern and guide for that kind of orderly physical growth and
5-49 development of the city or county which will cause the least amount of
6-1 natural resource impairment and will conform to the adopted population
6-2 plan, where required, and ensure an adequate supply of housing, including
6-3 affordable housing; and
6-4 (b) A basis for the efficient expenditure of funds thereof relating to the
6-5 subjects of the master plan.
6-6 2. The governing body may adopt and use such procedure as may be
6-7 necessary for this purpose.
6-8 Sec. 7. NRS 278.260 is hereby amended to read as follows:
6-9 278.260 1. The governing body shall provide for the manner in
6-10 which zoning regulations and restrictions and the boundaries of zoning
6-11 districts are determined, established, enforced and amended.
6-12 2. A zoning regulation, restriction or boundary or an amendment
6-13 thereto must not become effective until after transmittal of a copy of the
6-14 relevant application to the town board, citizens’ advisory council or town
6-15 advisory board pursuant to subsection 5, if applicable, and after a public
6-16 hearing at which parties in interest and other persons have an opportunity
6-17 to be heard. The governing body shall cause notice of the time and place of
6-18 the hearing to be:
6-19 (a) Published in an official newspaper, or a newspaper of general
6-20 circulation, in the city, county or region; and
6-21 (b) Mailed to each tenant of a mobile home park if that park is located
6-22 within 300 feet of the property in question,
6-23 at least 10 days before the hearing.
6-24 3. If [the] a proposed amendment involves a change in the boundary of
6-25 a zoning district in a county whose population is less than 400,000, the
6-26 governing body shall, to the extent this notice does not duplicate the notice
6-27 required by subsection 2, cause a notice to be sent at least 10 days before
6-28 the hearing to:
6-29 (a) The applicant;
6-30 (b) Each owner, as listed on the county assessor’s records, of real
6-31 property located within 300 feet of the portion of the boundary being
6-32 changed;
6-33 (c) Each [owner,] of the owners, as listed on the county assessor’s
6-34 records, of at least the 30 parcels nearest to the portion of the boundary
6-35 being changed, to the extent this notice does not duplicate the notice given
6-36 pursuant to paragraph (b); and
6-37 (d) Any advisory board which has been established for the affected area
6-38 by the governing body.
6-39 The notice must be sent by mail or, if requested by a party to whom notice
6-40 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
6-41 means if receipt of such an electronic notice can be verified, and be written
6-42 in language which is easy to understand. The notice must set forth the time,
6-43 place and purpose of the hearing and a physical description of, or a map
6-44 detailing, the proposed change, must indicate the existing zoning
6-45 designation, and the proposed zoning designation, of the property in
6-46 question, and must contain a brief summary of the intent of the proposed
6-47 change. If the proposed amendment involves a change in the boundary of
6-48 the zoning district that would reduce the density or intensity with which a
6-49 parcel of land may be used, the notice must include a section that an owner
7-1 of property may complete and return to the governing body to indicate his
7-2 approval of or opposition to the proposed amendment.
7-3 4. If [the] a proposed amendment involves a change in the boundary of
7-4 a zoning district in a county whose population is 400,000 or more, the
7-5 governing body shall, to the extent this notice does not duplicate the notice
7-6 required by subsection 2, cause a notice to be sent at least 10 days before
7-7 the hearing to:
7-8 (a) The applicant;
7-9 (b) Each owner, as listed on the county assessor’s records, of real
7-10 property located within 500 feet [from] of the portion of the boundary
7-11 being changed;
7-12 (c) Each [owner,] of the owners, as listed on the county assessor’s
7-13 records, of at least the 30 parcels nearest to the portion of the boundary
7-14 being changed, to the extent this notice does not duplicate the notice given
7-15 pursuant to paragraph (b); and
7-16 (d) Any advisory board which has been established for the affected area
7-17 by the governing body.
7-18 The notice must be sent by mail or, if requested by a party to whom notice
7-19 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
7-20 means if receipt of such an electronic notice can be verified, and be written
7-21 in language which is easy to understand. The notice must set forth the time,
7-22 place and purpose of the hearing and a physical description of, or a map
7-23 detailing, the proposed change, must indicate the existing zoning
7-24 designation, and the proposed zoning designation, of the property in
7-25 question, and must contain a brief summary of the intent of the proposed
7-26 change. If the proposed amendment involves a change in the boundary of
7-27 the zoning district that would reduce the density or intensity with which a
7-28 parcel of land may be used, the notice must include a section that an owner
7-29 of property may complete and return to the governing body to indicate his
7-30 approval of or opposition to the proposed amendment.
7-31 5. If an application is filed with the governing body and the
7-32 application involves a change in the boundary of a zoning district within
7-33 an unincorporated town that is located more than 10 miles from an
7-34 incorporated city, the governing body shall transmit a copy of the
7-35 application within 3 days after its filing to the town board, citizens’
7-36 advisory council or town advisory board, whichever is applicable, of the
7-37 unincorporated town. The town board, citizens’ advisory council or town
7-38 advisory board may make recommendations regarding the application
7-39 and submit its recommendations at least 15 days before the hearing on
7-40 the application is held pursuant to subsection 2. The governing body or
7-41 other authorized person or entity conducting the hearing shall consider
7-42 any recommendations submitted by the town board, citizens’ advisory
7-43 council or town advisory board regarding the application and, within 10
7-44 days after making its decision on the application, transmit a copy of its
7-45 decision to the town board, citizens’ advisory council or town advisory
7-46 board.
7-47 6. If a notice is required to be sent pursuant to subsection 4:
7-48 (a) The exterior of a notice sent by mail; or
8-1 (b) The cover sheet, heading or subject line of a notice sent by
8-2 electronic means,
8-3 must bear a statement in at least 10-point bold type or font in substantially
8-4 the following form:
8-5 OFFICIAL NOTICE OF PUBLIC HEARING
8-6 [6.] 7. In addition to sending the notice required pursuant to
8-7 subsection 4, in a county whose population is 400,000 or more, the
8-8 governing body shall, not later than 10 days before the hearing, erect or
8-9 cause to be erected on the property, at least one sign not less than 2 feet
8-10 high and 2 feet wide. The sign must be made of material reasonably
8-11 calculated to withstand the elements for 40 days. The governing body must
8-12 be consistent in its use of colors for the background and lettering of the
8-13 sign. The sign must include the following information:
8-14 (a) The existing zoning designation of the property in question;
8-15 (b) The proposed zoning designation of the property in question;
8-16 (c) The date, time and place of the public hearing;
8-17 (d) A telephone number which may be used by interested persons to
8-18 obtain additional information; and
8-19 (e) A statement which indicates whether the proposed zoning
8-20 designation of the property in question complies with the requirements of
8-21 the master plan of the city or county in which the property is located.
8-22 [7.] 8. A sign required pursuant to subsection [6] 7 is for
8-23 informational purposes only, and must be erected regardless of any local
8-24 ordinance regarding the size, placement or composition of signs to the
8-25 contrary.
8-26 [8.] 9. A governing body may charge an additional fee for each
8-27 application to amend an existing zoning regulation, restriction or boundary
8-28 to cover the actual costs resulting from the mailed notice required by this
8-29 section and the erection of not more than one of the signs required by
8-30 subsection [6,] 7, if any. The additional fee is not subject to the limitation
8-31 imposed by NRS 354.5989.
8-32 [9.] 10. The governing body shall remove or cause to be removed any
8-33 sign required by subsection [6] 7 within 5 days after the final hearing for
8-34 the application for which the sign was erected. There must be no additional
8-35 charge to the applicant for such removal.
8-36 [10.] 11. If a proposed amendment involves a change in the boundary
8-37 of a zoning district in a county whose population is 400,000 or more that
8-38 would reduce the density or intensity with which a parcel of land may be
8-39 used and at least 20 percent of the property owners to whom notices were
8-40 sent pursuant to [subsections 3 and] subsection 4 indicate in their
8-41 responses opposition to the proposed amendment, the governing body shall
8-42 not approve the proposed amendment unless the governing body:
8-43 (a) Considers separately the merits of each aspect of the proposed
8-44 amendment to which the owners expressed opposition; and
8-45 (b) Makes a written finding that the public interest and necessity will be
8-46 promoted by approval of the proposed amendment.
9-1 [11.] 12. The governing body of a county whose population is
9-2 400,000 or more shall not approve a zoning regulation, restriction or
9-3 boundary, or [the] an amendment thereof, that affects any unincorporated
9-4 area of the county that is surrounded completely by the territory of an
9-5 incorporated city without sending a notice to the governing body of the
9-6 city. The governing body of the city, or its designee, must submit any
9-7 recommendations to the governing body of the county within 15 days after
9-8 receiving the notice. The governing body of the county shall consider any
9-9 such recommendations. If the governing body of the county does not
9-10 accept a recommendation, the governing body of the county, or its
9-11 authorized agent, shall specify for the record the reasons for its action.
9-12 Sec. 8. NRS 278.315 is hereby amended to read as follows:
9-13 278.315 1. The governing body may provide by ordinance for the
9-14 granting of variances, special use permits, conditional use permits or other
9-15 special exceptions by the board of adjustment, the planning commission or
9-16 a hearing examiner appointed pursuant to NRS 278.262. The governing
9-17 body may impose this duty entirely on the board, commission or examiner,
9-18 respectively, or provide for the granting of enumerated categories of
9-19 variances, special use permits, conditional use permits or special
9-20 exceptions by the board, commission or examiner.
9-21 2. A hearing to consider an application for the granting of a variance,
9-22 special use permit, conditional use permit or special exception must be held
9-23 before the board of adjustment, planning commission or hearing examiner
9-24 within 65 days after the filing of the application, unless a longer time or a
9-25 different process of review is provided in an agreement entered into
9-26 pursuant to NRS 278.0201. A notice setting forth the time, place and
9-27 purpose of the hearing must be sent by mail at least 10 days before the
9-28 hearing to:
9-29 (a) The applicant;
9-30 (b) Each owner of real property located within 300 feet of the property
9-31 in question;
9-32 (c) If a mobile home park is located within 300 feet of the property in
9-33 question, each tenant of that mobile home park; and
9-34 (d) Any advisory board which has been established for the affected area
9-35 by the governing body.
9-36 The notice must be sent by mail or, if requested by a party to whom notice
9-37 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
9-38 means if receipt of such an electronic notice can be verified, and be written
9-39 in language which is easy to understand. The notice must set forth the time,
9-40 place and purpose of the hearing and a physical description or map of the
9-41 property in question.
9-42 3. If the application is for the issuance of a special use permit in a
9-43 county whose population is 100,000 or more, the governing body shall, to
9-44 the extent this notice does not duplicate the notice required by subsection
9-45 2, cause a notice to be sent at least 10 days before the hearing to each
9-46 [owner,] of the owners, as listed on the county assessor’s records, of at
9-47 least the 30 parcels nearest to the property in question. The notice must be
9-48 sent by mail or, if requested by an owner to whom notice must be provided,
9-49 by electronic means if receipt of such an electronic notice can be verified,
10-1 and be written in language which is easy to understand. The notice must set
10-2 forth the time, place and purpose of the hearing and a physical description
10-3 or map of the property in question.
10-4 4. If an application is filed with the governing body for the issuance
10-5 of a special use permit with regard to property situated within an
10-6 unincorporated town that is located more than 10 miles from an
10-7 incorporated city, the governing body shall transmit a copy of the
10-8 application within 3 days after its filing to the town board, citizens’
10-9 advisory council or town advisory board, whichever is applicable, of the
10-10 unincorporated town. The town board, citizens’ advisory council or town
10-11 advisory board may make recommendations regarding the application
10-12 and submit its recommendations at least 21 days before the hearing on
10-13 the application is held pursuant to subsection 2. The governing body or
10-14 other authorized person or entity conducting the hearing shall consider
10-15 any recommendations submitted by the town board, citizens’ advisory
10-16 council or town advisory board regarding the application and, within 10
10-17 days after making its decision on the application, transmit a copy of its
10-18 decision to the town board, citizens’ advisory council or town advisory
10-19 board.
10-20 5. An ordinance adopted pursuant to this section must provide an
10-21 opportunity for the applicant or a protestant to appeal from a decision of
10-22 the board of adjustment, planning commission or hearing examiner to the
10-23 governing body.
10-24 [5.] 6. In a county whose population is 400,000 or more, if the
10-25 application is for the issuance of a special use permit for an establishment
10-26 which serves alcoholic beverages for consumption on or off of the
10-27 premises as its primary business in a district which is not a gaming
10-28 enterprise district as defined in NRS 463.0158, the governing body shall, in
10-29 addition to sending the notice required pursuant to subsection 3, not later
10-30 than 10 days before the hearing, erect or cause to be erected on the
10-31 property, at least one sign not less than 2 feet high and 2 feet wide. The
10-32 sign must be made of material reasonably calculated to withstand the
10-33 elements for 40 days. The governing body must be consistent in its use of
10-34 colors for the background and lettering of the sign. The sign must include
10-35 the following information:
10-36 (a) The existing permitted use and zoning designation of the property in
10-37 question;
10-38 (b) The proposed permitted use of the property in question;
10-39 (c) The date, time and place of the public hearing; and
10-40 (d) A telephone number which may be used by interested persons to
10-41 obtain additional information.
10-42 [6.] 7. A sign required pursuant to subsection [5] 6 is for
10-43 informational purposes only, and must be erected regardless of any local
10-44 ordinance regarding the size, placement or composition of signs to the
10-45 contrary.
10-46 [7.] 8. A governing body may charge an additional fee for each
10-47 application for a special use permit to cover the actual costs resulting from
10-48 the erection of not more than one sign required by subsection [5,] 6, if any.
11-1 The additional fee is not subject to the limitation imposed by NRS
11-2 354.5989.
11-3 [8.] 9. The governing body shall remove or cause to be removed any
11-4 sign required by subsection [5] 6 within 5 days after the final hearing for
11-5 the application for which the sign was erected. There must be no additional
11-6 charge to the applicant for such removal.
11-7 [9.] 10. The provisions of this section do not apply to an application
11-8 for a conditional use permit filed pursuant to NRS 278.147.
11-9 Sec. 9. Chapter 269 of NRS is hereby amended by adding thereto a
11-10 new section to read as follows:
11-11 Each member of a town advisory board shall, at least once during the
11-12 first year of his initial term of office and at least once during every
11-13 subsequent year that he serves in office, attend training relating to:
11-14 1. State statutes and regulations and local ordinances, resolutions
11-15 and regulations concerning land use planning, development and any
11-16 other subject matter that the board of county commissioners deems
11-17 necessary; and
11-18 2. The provisions of chapter 241 of NRS.
11-19 Sec. 10. NRS 269.500 is hereby amended to read as follows:
11-20 269.500 NRS 269.500 to 269.625, inclusive, and section 9 of this act
11-21 may be cited as the Unincorporated Town Government Law.
11-22 Sec. 11. NRS 269.576 is hereby amended to read as follows:
11-23 269.576 1. Except as appointment may be deferred pursuant to NRS
11-24 269.563, the board of county commissioners of any county whose
11-25 population is 400,000 or more shall, in each ordinance which establishes an
11-26 unincorporated town pursuant to NRS 269.500 to 269.625, inclusive,
11-27 provide for:
11-28 (a) Appointment by the board of county commissioners or the election
11-29 by the registered voters of the unincorporated town of three or five
11-30 qualified electors who are residents of the unincorporated town to serve as
11-31 the town advisory board. If the ordinance provides for appointment by the
11-32 board of county commissioners, in making such appointments, the board
11-33 of county commissioners shall consider:
11-34 (1) The results of any poll conducted by the town advisory board;
11-35 and
11-36 (2) Any application submitted to the board of county commissioners
11-37 by persons who desire to be appointed to the town advisory board in
11-38 response to an announcement made by the town advisory board.
11-39 (b) [Terms] A term of 4 years for members of the town advisory board,
11-40 which must be staggered and must expire on the first Monday in January
11-41 of [each] an odd-numbered year. No person who has served for a term as
11-42 a member of a town advisory board is eligible for reappointment until 2
11-43 years after the expiration of his term.
11-44 (c) Removal of a member of the town advisory board if the board of
11-45 county commissioners finds that his removal is in the best interest of the
11-46 residents of the unincorporated town, and for appointment of a member to
11-47 serve the unexpired term of the member so removed.
11-48 2. The board of county commissioners shall provide notice of any
11-49 vacancy on a town advisory board to the residents of the unincorporated
12-1 town by mail, newsletter or newspaper at least 90 days before filling the
12-2 vacancy.
12-3 3. The duties of the town advisory board are to:
12-4 (a) Assist the board of county commissioners in governing the
12-5 unincorporated town by acting as liaison between the residents of the town
12-6 and the board of county commissioners; and
12-7 (b) Advise the board of county commissioners on matters of importance
12-8 to the unincorporated town and its residents.
12-9 [3.] 4. The board of county commissioners may provide by ordinance
12-10 for compensation for the members of the town advisory board.
12-11 Sec. 12. 1. This section and sections 1, 2, 3, 5 to 8, inclusive, 10 and
12-12 11 of this act become effective on October 1, 2001.
12-13 2. Sections 4 and 9 of this act become effective on January 1, 2002.
12-14 H