A.B. 553
Assembly Bill No. 553–Committee on Government Affairs
March 26, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions regarding notification of certain proposed planning and zoning changes. (BDR 22‑197)
FISCAL NOTE: Effect on Local Government: Yes.
~
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 property; revising the procedures for notification for an application for certain conditional use permits, variances, special use permits or other special exceptions; revising the procedure for the vacation or abandonment of certain easements and rights of way; 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 278.147 is hereby amended to read as follows:
1-2 278.147 1. No person may commence operation in this state of a
1-3 facility where an explosive, or a substance listed in NRS 459.3816, the
1-4 regulations adopted pursuant thereto or the regulations adopted pursuant to
1-5 NRS 459.3833, will be used, manufactured, processed, transferred or
1-6 stored without first obtaining a conditional use permit therefor from the
1-7 governing body of the city or county in which the facility is to be located.
1-8 Each governing body shall establish by local ordinance, in accordance with
1-9 the provisions of this section, the procedures for obtaining such a permit.
1-10 2. An application for a conditional use permit must be filed with the
1-11 planning commission of the city, county or region in which the facility is to
1-12 be located. The planning commission shall, within 90 days after the filing
1-13 of an application, hold a public hearing to consider the application. The
1-14 planning commission shall, at least 30 days before the date of the hearing,
1-15 cause notice of the time, date, place and purpose of the hearing to be:
1-16 (a) Sent by mail to or, if requested by a party to whom notice must be
1-17 provided pursuant to this paragraph, by electronic means if receipt of such
1-18 an electronic notice can be verified, to:
1-19 (1) The applicant;
1-20 (2) Each owner or tenant of real property located within 1,000 feet of
1-21 the property in question;
2-1 (3) The owner, as listed on the county assessor’s records, of each of
2-2 the 30 separately owned parcels nearest the property in question, to the
2-3 extent this notice does not duplicate the notice given pursuant to
2-4 subparagraph (2);
2-5 (4) If a mobile home park or multiple-unit residence is located within
2-6 1,000 feet of the property in question, each tenant of that mobile home park
2-7 or multiple-unit residence;
2-8 [(4)] (5) Any advisory board that has been established for the
2-9 affected area by the governing body;
2-10 [(5)] (6) The administrator of the division of environmental
2-11 protection of the state department of conservation and natural resources;
2-12 [(6)] (7) The state fire marshal; and
2-13 [(7)] (8) The administrator of the division of industrial relations of
2-14 the department of business and industry; and
2-15 (b) Published in a newspaper of general circulation within the city or
2-16 county in which the property in question is located.
2-17 3. The notice required by subsection 2 must:
2-18 (a) Be written in language that is easy to understand; and
2-19 (b) Include a physical description or map of the property in question and
2-20 a description of all explosives, and all substances described in subsection 1,
2-21 that will be located at the facility.
2-22 4. In considering the application, the planning commission shall:
2-23 (a) Consult with:
2-24 (1) Local emergency planning committees;
2-25 (2) The administrator of the division of environmental protection of
2-26 the state department of conservation and natural resources;
2-27 (3) The state fire marshal;
2-28 (4) The administrator of the division of industrial relations of the
2-29 department of business and industry; and
2-30 (5) The governing body of any other city or county that may be
2-31 affected by the operation of the facility; and
2-32 (b) Consider fully the effect the facility will have on the health and
2-33 safety of the residents of the city, county or region.
2-34 5. The planning commission shall, within a reasonable time after the
2-35 public hearing, submit to the governing body its recommendations for any
2-36 actions to be taken on the application. If the planning commission
2-37 recommends that a conditional use permit be granted to the applicant, it
2-38 shall include in its recommendations such terms and conditions for the
2-39 operation of the facility as it deems necessary for the protection of the
2-40 health and safety of the residents of the city, county or region.
2-41 6. The governing body shall, within 30 days after the receipt of the
2-42 recommendations of the planning commission, hold a public hearing to
2-43 consider the application. The governing body shall:
2-44 (a) Cause notice of the hearing to be given in the manner prescribed by
2-45 subsection 2; and
2-46 (b) Grant or deny the conditional use permit within 30 days after the
2-47 public hearing.
2-48 7. Notwithstanding any provision of this section to the contrary, the
2-49 provisions of this section do not apply to the mining industry.
3-1 8. Except as otherwise provided in subsection 9, as used in this
3-2 section, “explosive” means gunpowders, powders used for blasting, all
3-3 forms of high explosives, blasting materials, fuses other than electric
3-4 circuit breakers, detonators and other detonating agents, smokeless
3-5 powders, other explosive or incendiary devices and any chemical
3-6 compound, mechanical mixture or device that contains any oxidizing or
3-7 combustible units, or other ingredients, in such proportions, quantities or
3-8 packing that ignition by fire, friction, concussion, percussion or detonation
3-9 of the compound, mixture, device or any part thereof may cause an
3-10 explosion.
3-11 9. For the purposes of this section, an explosive does not include:
3-12 (a) Ammunition for small arms, or any component thereof;
3-13 (b) Black powder commercially manufactured in quantities that do not
3-14 exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills,
3-15 quick and slow matches, and friction primers that are intended to be used
3-16 solely for sporting, recreation or cultural purposes:
3-17 (1) In an antique firearm, as that term is defined in 18 U.S.C. §
3-18 921(a)(16), as that section existed on January 1, 1999; or
3-19 (2) In an antique device which is exempted from the definition of
3-20 “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section
3-21 existed on January 1, 1999; or
3-22 (c) Any explosive that is manufactured under the regulation of a
3-23 military department of the United States, or that is distributed to, or
3-24 possessed or stored by, the military or naval service or any other agency of
3-25 the United States, or an arsenal, a navy yard, a depot or any other
3-26 establishment owned by or operated on behalf of the United States.
3-27 Sec. 2. NRS 278.260 is hereby amended to read as follows:
3-28 278.260 1. The governing body shall provide for the manner in
3-29 which zoning regulations and restrictions and the boundaries of zoning
3-30 districts are determined, established, enforced and amended.
3-31 2. A zoning regulation, restriction or boundary must not become
3-32 effective until after a public hearing at which parties in interest and other
3-33 persons have an opportunity to be heard. The governing body shall cause
3-34 notice of the time and place of the hearing to be:
3-35 (a) Published in an official newspaper, or a newspaper of general
3-36 circulation, in the city, county or region; and
3-37 (b) Mailed to each tenant of a mobile home park if that park is located
3-38 within 300 feet of the property in question,
3-39 at least 10 days before the hearing.
3-40 3. If the proposed amendment involves a change in the boundary of a
3-41 zoning district in a county whose population is less than 400,000, the
3-42 governing body shall, to the extent this notice does not duplicate the notice
3-43 required by subsection 2, cause a notice to be sent at least 10 days before
3-44 the hearing to:
3-45 (a) The applicant;
3-46 (b) Each owner, as listed on the county assessor’s records, of real
3-47 property located within 300 feet of the portion of the boundary being
3-48 changed;
4-1 (c) [Each] The owner, as listed on the county assessor’s records, of [at
4-2 least] each of the 30 separately owned parcels nearest to the portion of the
4-3 boundary being changed, to the extent this notice does not duplicate the
4-4 notice given pursuant to paragraph (b); and
4-5 (d) Any advisory board which has been established for the affected area
4-6 by the governing body.
4-7 The notice must be sent by mail or, if requested by a party to whom notice
4-8 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
4-9 means if receipt of such an electronic notice can be verified, and be written
4-10 in language which is easy to understand. The notice must set forth the time,
4-11 place and purpose of the hearing and a physical description of, or a map
4-12 detailing, the proposed change, must indicate the existing zoning
4-13 designation, and the proposed zoning designation, of the property in
4-14 question, and must contain a brief summary of the intent of the proposed
4-15 change. If the proposed amendment involves a change in the boundary of
4-16 the zoning district that would reduce the density or intensity with which a
4-17 parcel of land may be used, the notice must include a section that an owner
4-18 of property may complete and return to the governing body to indicate his
4-19 approval of or opposition to the proposed amendment.
4-20 4. If the proposed amendment involves a change in the boundary of a
4-21 zoning district in a county whose population is 400,000 or more, the
4-22 governing body shall, to the extent this notice does not duplicate the notice
4-23 required by subsection 2, cause a notice to be sent at least 10 days before
4-24 the hearing to:
4-25 (a) The applicant;
4-26 (b) Each owner, as listed on the county assessor’s records, of real
4-27 property located within 500 feet from the portion of the boundary being
4-28 changed;
4-29 (c) [Each] The owner, as listed on the county assessor’s records, of [at
4-30 least] each of the 30 separately owned parcels nearest to the portion of the
4-31 boundary being changed, to the extent this notice does not duplicate the
4-32 notice given pursuant to paragraph (b); and
4-33 (d) Any advisory board which has been established for the affected area
4-34 by the governing body.
4-35 The notice must be sent by mail or, if requested by a party to whom notice
4-36 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
4-37 means if receipt of such an electronic notice can be verified, and be written
4-38 in language which is easy to understand. The notice must set forth the time,
4-39 place and purpose of the hearing and a physical description of, or a map
4-40 detailing, the proposed change, must indicate the existing zoning
4-41 designation, and the proposed zoning designation, of the property in
4-42 question, and must contain a brief summary of the intent of the proposed
4-43 change. If the proposed amendment involves a change in the boundary of
4-44 the zoning district that would reduce the density or intensity with which a
4-45 parcel of land may be used, the notice must include a section that an owner
4-46 of property may complete and return to the governing body to indicate his
4-47 approval of or opposition to the proposed amendment.
4-48 5. If a notice is required to be sent pursuant to subsection 4:
4-49 (a) The exterior of a notice sent by mail; or
5-1 (b) The cover sheet, heading or subject line of a notice sent by
5-2 electronic means,
5-3 must bear a statement in at least 10-point bold type or font in substantially
5-4 the following form:
5-5 OFFICIAL NOTICE OF PUBLIC HEARING
5-6 6. In addition to sending the notice required pursuant to subsection 4,
5-7 in a county whose population is 400,000 or more, the governing body shall,
5-8 not later than 10 days before the hearing, erect or cause to be erected on the
5-9 property, at least one sign not less than 2 feet high and 2 feet wide. The
5-10 sign must be made of material reasonably calculated to withstand the
5-11 elements for 40 days. The governing body must be consistent in its use of
5-12 colors for the background and lettering of the sign. The sign must include
5-13 the following information:
5-14 (a) The existing zoning designation of the property in question;
5-15 (b) The proposed zoning designation of the property in question;
5-16 (c) The date, time and place of the public hearing;
5-17 (d) A telephone number which may be used by interested persons to
5-18 obtain additional information; and
5-19 (e) A statement which indicates whether the proposed zoning
5-20 designation of the property in question complies with the requirements of
5-21 the master plan of the city or county in which the property is located.
5-22 7. A sign required pursuant to subsection 6 is for informational
5-23 purposes only, and must be erected regardless of any local ordinance
5-24 regarding the size, placement or composition of signs to the contrary.
5-25 8. A governing body may charge an additional fee for each application
5-26 to amend an existing zoning regulation, restriction or boundary to cover the
5-27 actual costs resulting from the mailed notice required by this section and
5-28 the erection of not more than one of the signs required by subsection 6, if
5-29 any. The additional fee is not subject to the limitation imposed by NRS
5-30 354.5989.
5-31 9. The governing body shall remove or cause to be removed any sign
5-32 required by subsection 6 within 5 days after the final hearing for the
5-33 application for which the sign was erected. There must be no additional
5-34 charge to the applicant for such removal.
5-35 10. If a proposed amendment involves a change in the boundary of a
5-36 zoning district in a county whose population is 400,000 or more that would
5-37 reduce the density or intensity with which a parcel of land may be used and
5-38 at least 20 percent of the property owners to whom notices were sent
5-39 pursuant to [subsections 3 and] subsection 4 indicate in their responses
5-40 opposition to the proposed amendment, the governing body shall not
5-41 approve the proposed amendment unless the governing body:
5-42 (a) Considers separately the merits of each aspect of the proposed
5-43 amendment to which the owners expressed opposition; and
5-44 (b) Makes a written finding that the public interest and necessity will be
5-45 promoted by approval of the proposed amendment.
5-46 11. The governing body of a county whose population is 400,000 or
5-47 more shall not approve a zoning regulation, restriction or boundary, or
5-48 [the] an amendment thereof, that affects any unincorporated area of the
5-49 county that is surrounded completely by the territory of an incorporated
6-1 city without sending a notice to the governing body of the city. The
6-2 governing body of the city, or its designee, must submit any
6-3 recommendations to the governing body of the county within 15 days after
6-4 receiving the notice. The governing body of the county shall consider any
6-5 such recommendations. If the governing body of the county does not
6-6 accept a recommendation, the governing body of the county, or its
6-7 authorized agent, shall specify for the record the reasons for its action.
6-8 Sec. 3. NRS 278.315 is hereby amended to read as follows:
6-9 278.315 1. The governing body may provide by ordinance for the
6-10 granting of variances, special use permits, conditional use permits or other
6-11 special exceptions by the board of adjustment, the planning commission or
6-12 a hearing examiner appointed pursuant to NRS 278.262. The governing
6-13 body may impose this duty entirely on the board, commission or examiner,
6-14 respectively, or provide for the granting of enumerated categories of
6-15 variances, special use permits, conditional use permits or special
6-16 exceptions by the board, commission or examiner.
6-17 2. A hearing to consider an application for the granting of a variance,
6-18 special use permit, conditional use permit or special exception must be held
6-19 before the board of adjustment, planning commission or hearing examiner
6-20 within 65 days after the filing of the application, unless a longer time or a
6-21 different process of review is provided in an agreement entered into
6-22 pursuant to NRS 278.0201. [A]
6-23 3. In a county whose population is less than 100,000, notice setting
6-24 forth the time, place and purpose of the hearing must be sent [by mail] at
6-25 least 10 days before the hearing to:
6-26 (a) The applicant;
6-27 (b) Each owner of real property , as listed on the county assessor’s
6-28 records, located within 300 feet of the property in question;
6-29 (c) If a mobile home park is located within 300 feet of the property in
6-30 question, each tenant of that mobile home park; and
6-31 (d) Any advisory board which has been established for the affected area
6-32 by the governing body.
6-33 [The notice must be sent by mail or, if requested by a party to whom notice
6-34 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
6-35 means if receipt of such an electronic notice can be verified, and be written
6-36 in language which is easy to understand. The notice must set forth the time,
6-37 place and purpose of the hearing and a physical description or map of the
6-38 property in question.
6-39 3. If the application is for the issuance of a special use permit in a
6-40 county whose population is 100,000 or more, the governing body shall, to
6-41 the extent this notice does not duplicate the notice required by subsection
6-42 2, cause a notice to be sent at least 10 days before the hearing to each
6-43 owner, as listed on the county assessor’s records, of at least 30 parcels
6-44 nearest to the property in question. The notice must be sent by mail or, if
6-45 requested by an owner to whom notice must be provided, by electronic
6-46 means if receipt of such an electronic notice can be verified, and be written
6-47 in language which is easy to understand. The notice must set forth the time,
6-48 place and purpose of the hearing and a physical description or map of the
6-49 property in question.]
7-1 4. Except as otherwise provided in subsection 6, in a county whose
7-2 population is 100,000 or more, a notice setting forth the time, place and
7-3 purpose of the hearing must be sent at least 10 days before the hearing
7-4 to:
7-5 (a) The applicant;
7-6 (b) If the application is for a deviation of at least 10 percent but not
7-7 more than 30 percent from a standard for development:
7-8 (1) Each owner, as listed on the county assessor’s records, of real
7-9 property located within 100 feet of the property in question; and
7-10 (2) Each tenant of a mobile home park located within 100 feet of
7-11 the property in question;
7-12 (c) If the application is for a special use permit or a deviation of more
7-13 than 30 percent from a standard for development:
7-14 (1) Each owner, as listed on the county assessor’s records, of real
7-15 property located within 500 feet of the property in question;
7-16 (2) The owner, as listed on the county assessor’s records, of each of
7-17 the 30 separately owned parcels nearest the property in question, to the
7-18 extent this notice does not duplicate the notice given pursuant to
7-19 subparagraph (1); and
7-20 (3) Each tenant of a mobile home park located within 500 feet of
7-21 the property in question;
7-22 (d) If the application is for a change in zoning or a project of regional
7-23 significance, as that term is described in NRS 278.02542:
7-24 (1) Each owner, as listed on the county assessor’s records, of real
7-25 property located within 750 feet of the property in question;
7-26 (2) The owner, as listed on the county assessor’s records, of each of
7-27 the 30 separately owned parcels nearest the property in question, to the
7-28 extent this notice does not duplicate the notice given pursuant to
7-29 subparagraph (1); and
7-30 (3) Each tenant of a mobile home park located within 750 feet of
7-31 the property in question; and
7-32 (e) Any advisory board which has been established for the affected
7-33 area by the governing body.
7-34 5. An ordinance adopted pursuant to this section must provide an
7-35 opportunity for the applicant or a protestant to appeal from a decision of
7-36 the board of adjustment, planning commission or hearing examiner to the
7-37 governing body.
7-38 [5.] 6. In a county whose population is 400,000 or more, if the
7-39 application is for the issuance of a special use permit for an establishment
7-40 which serves alcoholic beverages for consumption on or off of the
7-41 premises as its primary business in a district which is not a gaming
7-42 enterprise district as defined in NRS 463.0158, the governing body shall,
7-43 [in addition to sending the notice required pursuant to subsection 3, not
7-44 later than] at least 10 days before the hearing[, erect] :
7-45 (a) Send a notice setting forth the time, place, and purpose of the
7-46 hearing to:
7-47 (1) The applicant;
7-48 (2) Each owner, as listed on the county assessor’s records, of real
7-49 property located within 1,500 feet of the property in question;
8-1 (3) The owner, as listed on the county assessor’s records, of each of
8-2 the 30 separately owned parcels nearest the property in question, to the
8-3 extent this notice does not duplicate the notice given pursuant to
8-4 subparagraph (2);
8-5 (4) Each tenant of a mobile home park located within 1,500 feet of
8-6 the property in question; and
8-7 (5) Any advisory board which has been established for the affected
8-8 area by the governing body; and
8-9 (b) Erect or cause to be erected on the property, at least one sign not
8-10 less than 2 feet high and 2 feet wide. The sign must be made of material
8-11 reasonably calculated to withstand the elements for 40 days. The governing
8-12 body must be consistent in its use of colors for the background and
8-13 lettering of the sign. The sign must include the following information:
8-14 [(a)] (1) The existing permitted use and zoning designation of the
8-15 property in question;
8-16 [(b)] (2) The proposed permitted use of the property in question;
8-17 [(c)] (3) The date, time and place of the public hearing; and
8-18 [(d)] (4) A telephone number which may be used by interested persons
8-19 to obtain additional information.
8-20 [6.] 7. A sign required pursuant to subsection [5] 6 is for
8-21 informational purposes only, and must be erected regardless of any local
8-22 ordinance regarding the size, placement or composition of signs to the
8-23 contrary.
8-24 [7.] 8. A governing body may charge an additional fee for each
8-25 application for a special use permit to cover the actual costs resulting from
8-26 the erection of not more than one sign required by subsection [5,] 6, if any.
8-27 The additional fee is not subject to the limitation imposed by NRS
8-28 354.5989.
8-29 [8.] 9. The governing body shall remove or cause to be removed any
8-30 sign required by subsection [5] 6 within 5 days after the final hearing for
8-31 the application for which the sign was erected. There must be no additional
8-32 charge to the applicant for such removal.
8-33 [9.] 10. The notice required to be provided pursuant to subsections
8-34 3, 4 and 6 must be sent by mail or, if requested by a party to whom notice
8-35 must be provided pursuant to those subsections, by electronic means if
8-36 receipt of such an electronic notice can be verified, and be written in
8-37 language which is easy to understand. The notice must set forth the time,
8-38 place and purpose of the hearing and a physical description or map of
8-39 the property in question.
8-40 11. The provisions of this section do not apply to an application for a
8-41 conditional use permit filed pursuant to NRS 278.147.
8-42 Sec. 4. NRS 278.319 is hereby amended to read as follows:
8-43 278.319 1. The governing body may adopt an ordinance that
8-44 authorizes the director of planning or another person or agency to grant
8-45 [minor deviations] a deviation of less than 10 percent from requirements
8-46 for land use established within a zoning district without conducting a
8-47 hearing. The ordinance must require an applicant for such a [minor]
8-48 deviation to obtain the written consent of the owner of any real property
8-49 that would be affected by the [minor] deviation.
9-1 2. If the director of planning or other authorized person or agency
9-2 grants a deviation in accordance with its authority delegated pursuant to
9-3 subsection 1, the director of planning or other authorized person or agency
9-4 shall ensure that the deviation will not impair the purpose of the zoning
9-5 district or any regulations adopted by the governing body pursuant to NRS
9-6 278.250.
9-7 3. An ordinance adopted pursuant to this section must provide an
9-8 opportunity for an applicant or other aggrieved person to appeal the
9-9 decision of the director of planning or other authorized person or agency to
9-10 the governing body.
9-11 Sec. 5. NRS 278.480 is hereby amended to read as follows:
9-12 278.480 1. Except as otherwise provided in subsection [10,] 11, any
9-13 abutting owner or local government desiring the vacation or abandonment
9-14 of any street or easement owned by a city or a county, or any portion
9-15 thereof, shall file a petition in writing with the planning commission or the
9-16 governing body having jurisdiction.
9-17 2. The governing body may establish by ordinance a procedure by
9-18 which, after compliance with the requirements for notification of public
9-19 hearing set forth in this section, a vacation or abandonment of a street or an
9-20 easement may be approved in conjunction with the approval of a tentative
9-21 map pursuant to NRS 278.349.
9-22 3. [Whenever any street] A government patent easement which is no
9-23 longer required for a public purpose may be vacated by:
9-24 (a) The governing body; or
9-25 (b) The planning commission, hearing examiner or other designee, if
9-26 authorized to take final action by the governing body,
9-27 without conducting a hearing on the vacation if the applicant for the
9-28 vacation obtains the written consent of each owner of property abutting
9-29 the proposed vacation and any utility that is affected by the proposed
9-30 vacation.
9-31 4. Except as otherwise provided in subsection 3, if any right of way
9-32 or easement required for a public purpose that is owned by a city or a
9-33 county is proposed to be vacated, the governing body, or the planning
9-34 commission , [or] hearing examiner or other designee, if authorized to take
9-35 final action by the governing body, shall notify by certified mail each
9-36 owner of property abutting the proposed abandonment and cause a notice
9-37 to be published at least once in a newspaper of general circulation in the
9-38 city or county, setting forth the extent of the proposed abandonment and
9-39 setting a date for public hearing, which must be not less than 10 days and
9-40 not more than 40 days after the date the notice is first published.
9-41 [4.] 5. Except as provided in subsection [5,] 6, if, upon public hearing,
9-42 the governing body, or the planning commission , [or] hearing examiner or
9-43 other designee, if authorized to take final action by the governing body, is
9-44 satisfied that the public will not be materially injured by the proposed
9-45 vacation, it shall order the street or easement vacated. The governing body,
9-46 or the planning commission , [or] hearing examiner or other designee, if
9-47 authorized to take final action by the governing body, may make the order
9-48 conditional, and the order becomes effective only upon the fulfillment of
9-49 the conditions prescribed. An applicant or other person aggrieved by the
10-1 decision of the planning commission , [or] hearing examiner or other
10-2 designee may appeal to the governing body within a reasonable period to
10-3 be determined, by ordinance, by the governing body.
10-4 [5.] 6. If a utility has an easement over the property, the governing
10-5 body, or the planning commission , [or] hearing examiner or other
10-6 designee, if authorized to take final action by the governing body, shall
10-7 provide in its order for the continuation of that easement.
10-8 [6.] 7. The order must be recorded in the office of the county recorder,
10-9 if all the conditions of the order have been fulfilled, and upon the
10-10 recordation title to the street or easement reverts to the abutting property
10-11 owners in the approximate proportion that the property was dedicated by
10-12 the abutting property owners or their predecessors in interest. In the event
10-13 of a partial vacation of a street where the vacated portion is separated from
10-14 the property from which it was acquired by the unvacated portion of it, the
10-15 governing body may sell the vacated portion upon such terms and
10-16 conditions as it deems desirable and in the best interests of the city or
10-17 county. If the governing body sells the vacated portion, it shall afford the
10-18 right of first refusal to each abutting property owner as to that part of the
10-19 vacated portion which abuts his property, but no action may be taken by
10-20 the governing body to force the owner to purchase that portion and that
10-21 portion may not be sold to any person other than the owner if the sale
10-22 would result in a complete loss of access to a street from the abutting
10-23 property.
10-24 [7.] 8. If the street was acquired by dedication from the abutting
10-25 property owners or their predecessors in interest, no payment is required
10-26 for title to the proportionate part of the street reverted to each abutting
10-27 property owner. If the street was not acquired by dedication, the governing
10-28 body may make its order conditional upon payment by the abutting
10-29 property owners for their proportionate part of the street of such
10-30 consideration as the governing body determines to be reasonable. If the
10-31 governing body determines that the vacation has a public benefit, it may
10-32 apply the benefit as an offset against a determination of reasonable
10-33 consideration which did not take into account the public benefit.
10-34 [8.] 9. If an easement for light and air owned by a city or a county is
10-35 adjacent to a street vacated pursuant to the provisions of this section, the
10-36 easement is vacated upon the vacation of the street.
10-37 [9.] 10. In any vacation or abandonment of any street owned by a city
10-38 or a county, or any portion thereof, the governing body, or the planning
10-39 commission , [or] hearing examiner or other designee, if authorized to take
10-40 final action by the governing body, may reserve and except therefrom all
10-41 easements, rights or interests therein which the governing body, or the
10-42 planning commission , [or] hearing examiner or other designee, if
10-43 authorized to take final action by the governing body, deems desirable for
10-44 the use of the city, the county or any public utility.
10-45 [10.] 11. The governing body may establish by local ordinance a
10-46 simplified procedure for the vacation or abandonment of an easement for a
10-47 public utility owned or controlled by the governing body.
11-1 12. As used in this section, “government patent easement” means an
11-2 easement for a public purpose owned by the governing body over land
11-3 which was conveyed by a patent.
11-4 Sec. 6. NRS 463.3086 is hereby amended to read as follows:
11-5 463.3086 1. If the location of a proposed establishment:
11-6 (a) Is not within the Las Vegas Boulevard gaming corridor or the rural
11-7 Clark County gaming zone; and
11-8 (b) Is not within a gaming enterprise district,
11-9 the commission shall not approve a nonrestricted license for the
11-10 establishment unless the location of the establishment is designated a
11-11 gaming enterprise district pursuant to this section.
11-12 2. If a person is proposing to operate an establishment with a
11-13 nonrestricted license and the location of the proposed establishment:
11-14 (a) Is not within the Las Vegas Boulevard gaming corridor or the rural
11-15 Clark County gaming zone; and
11-16 (b) Is not within a gaming enterprise district,
11-17 the person may petition the county, city or town having jurisdiction over
11-18 the location of the proposed establishment to designate the location of the
11-19 proposed establishment a gaming enterprise district pursuant to this
11-20 section.
11-21 3. If a person files a petition pursuant to subsection 2, the county, city
11-22 or town shall, at least 10 days before the date of the hearing on the petition,
11-23 mail a notice of the hearing to:
11-24 (a) Each owner of real property whose property line is less than 2,500
11-25 feet from the property line of the proposed establishment;
11-26 (b) The owner, as listed on the county assessor’s records, of each of
11-27 the 30 separately owned parcels nearest the proposed establishment, to
11-28 the extent this notice does not duplicate the notice given pursuant to
11-29 paragraph (a);
11-30 (c) Each tenant of a mobile home park whose property line is less than
11-31 2,500 feet from the property line of the proposed establishment; and
11-32 [(c)] (d) Any advisory board that represents one or more owners of real
11-33 property or tenants of a
mobile home park whose property line is less
than 2,500 feet from the property line of the proposed
establishment.
11-34 The notice must be written in language that is easy to understand and must
11-35 set forth the date, time, place and purpose of the hearing and contain a
11-36 physical description or map of the location of the proposed establishment.
11-37 The petitioner shall pay the costs of providing the notice that is required by
11-38 this subsection.
11-39 4. Any interested person is entitled to be heard at the hearing on the
11-40 petition.
11-41 5. The county, city or town shall cause the hearing on the petition to be
11-42 reported by a court reporter who is certified pursuant to chapter 656 of
11-43 NRS. The petitioner shall pay the costs of having the hearing reported.
11-44 6. At the hearing, the petitioner must prove by clear and convincing
11-45 evidence that:
11-46 (a) The roads, water, sanitation, utilities and related services to the
11-47 location are adequate;
12-1 (b) The proposed establishment will not unduly impact public services,
12-2 consumption of natural resources and the quality of life enjoyed by
12-3 residents of the surrounding neighborhoods;
12-4 (c) The proposed establishment will enhance, expand and stabilize
12-5 employment and the local economy;
12-6 (d) The proposed establishment will be located in an area planned or
12-7 zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;
12-8 (e) The proposed establishment will not be detrimental to the health,
12-9 safety or general welfare of the community or be incompatible with the
12-10 surrounding area;
12-11 (f) On the date that the petition was filed, the property line of the
12-12 proposed establishment was not less than:
12-13 (1) Five hundred feet from the property line of a developed
12-14 residential district; and
12-15 (2) Fifteen hundred feet from the property line of a public school,
12-16 private school or structure used primarily for religious services or worship;
12-17 and
12-18 (g) The proposed establishment will not adversely affect:
12-19 (1) A developed residential district; or
12-20 (2) A public school, private school or structure used primarily for
12-21 religious services,
12-22 whose property line is within 2,500 feet from the property line of the
12-23 proposed establishment.
12-24 7. A three-fourths vote of the governing body of the county, city or
12-25 town is required to grant the petition to designate the location of the
12-26 proposed establishment a gaming enterprise district pursuant to this
12-27 section.
12-28 8. A county, city or town that denies a petition submitted pursuant to
12-29 this section shall not consider another petition concerning the same
12-30 location or any portion thereof for 1 year after the date of the denial.
12-31 9. As used in this section:
12-32 (a) “Developed residential district” means a parcel of land zoned
12-33 primarily for residential use in which at least one completed residential unit
12-34 has been constructed on the date that the petitioner files a petition pursuant
12-35 to this section.
12-36 (b) “Private school” has the meaning ascribed to it in NRS 394.103.
12-37 (c) “Public school” has the meaning ascribed to it in NRS 385.007.
12-38 H