2001 REGULAR SESSION (71st) CA SB554 R2 CA5
Amendment Box: Resolves conflicts with A.B. No. 182, A.B. No. 553, A.B. No. 650, S.B. No. 329 and S.B. No. 376. Makes substantive change.
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, line 24, by deleting:
“cost of the” and inserting:
“filing of an”.
Amend sec. 10, page 7, line 38, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 10, page 7, line 40, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 10, page 7, line 47, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 10, page 8, line 1, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 11, page 8, by deleting lines 10 and 11 and inserting:
“final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to”.
Amend sec. 11, page 8, line 13, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 11, page 8, line 15, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 11, page 8, line 20, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 11, page 8, line 22, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 11, page 9, by deleting lines 4 and 5 and inserting:
“4. The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map.”.
Amend sec. 14, page 10, line 29, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 14, page 10, line 31, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 14, page 10, line 39, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 14, page 10, line 41, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 14, page 11, line 5, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 14, page 11, line 7, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 14, page 11, line 24, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 14, page 11, line 26, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 14, page 11, line 42, by deleting “40,000” and inserting “50,000”.
Amend sec. 14, page 11, line 43, by deleting “40,000,” and inserting “50,000,”.
Amend sec. 15, page 12, line 14, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 15, page 12, line 16, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 15, page 12, line 29, by deleting “[40,000]” and inserting “[50,000]”.
Amend sec. 15, page 12, line 31, by deleting “[40,000,]” and inserting “[50,000,]”.
Amend sec. 15, page 12, line 43, by deleting “40,000” and inserting “50,000”.
Amend sec. 15, page 12, line 44, by deleting “40,000,” and inserting “50,000,”.
Amend sec. 15, page 14, between lines 12 and 13, by inserting:
“12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting documents.”.
Amend the bill as a whole by adding new sections designated sections 16.3 through 16.7, following sec. 16, to read as follows:
“Sec. 16.3. Sections 4 and 8 of Assembly Bill No. 182 of this session are hereby amended to read as follows:
Sec. 4. NRS 278.210 is hereby amended to read as follows:
278.210 1. Before adopting the master plan or any part of it[,] in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.
2. The adoption of the master plan, or of any amendment, extension or addition thereof, must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.
3. No plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension or addition.
4. Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.
5. An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.
[5.] 6. An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.
Sec. 8. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
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The notice must be sent by mail or, if requested by a party to
whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by
electronic means if receipt of such an electronic notice can be verified, and
be written in language which is easy to understand. The notice must set forth
the time, place and purpose of the hearing and a physical description or map of
the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.
5. An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.
5.]session.
6. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing permitted use and zoning designation of the property in question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to obtain additional information.
[6.] 7. A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
[7.] 8. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
[8.] 9. The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
[9.] 10. The provisions of this section do not apply to an application for a conditional use permit filed pursuant to NRS 278.147.
Sec. 16.5. Sections 3, 4 and 5 of Assembly Bill No. 553 of this session are hereby amended to read as follows:
Sec. 3. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. [A]
3. In a county whose population is less than 100,000, notice setting forth the time, place and purpose of the hearing must be sent [by mail] at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property , as listed on the county assessor’s records, located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
[The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.]
4. Except as otherwise provided in subsection 7, in a county whose population is 100,000 or more, a notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:
(a) The applicant;
(b) If the application is for a deviation of at least 10 percent but not more than 30 percent from a standard for development:
(1) Each owner, as listed on the county assessor’s records, of real property located within 100 feet of the property in question; and
(2) Each tenant of a mobile home park located within 100 feet of the property in question;
(c) If the application is for a special use permit or a deviation of more than 30 percent from a standard for development:
(1) Each owner, as listed on the county assessor’s records, of real property located within 500 feet of the property in question;
(2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park located within 500 feet of the property in question;
(d) If the application is for a change in zoning or a project of regional significance, as that term is described in NRS 278.02542:
(1) Each owner, as listed on the county assessor’s records, of real property located within 750 feet of the property in question;
(2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park located within 750 feet of the property in question; and
(e) Any advisory board which has been established for the affected area by the governing body.
5. If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.
[5.] 6. An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this session.
[6.] 7. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, [in addition to sending the notice required pursuant to subsection 3, not later than] at least 10 days before the hearing [, erect] :
(a) Send a notice setting forth the time, place, and purpose of the hearing to:
(1) The applicant;
(2) Each owner, as listed on the county assessor’s records, of real property located within 1,500 feet of the property in question;
(3) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);
(4) Each tenant of a mobile home park located within 1,500 feet of the property in question; and
(5) Any advisory board which has been established for the affected area by the governing body; and
(b) Erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
[(a)] (1) The existing permitted use and zoning designation of the property in question;
[(b)] (2) The proposed permitted use of the property in question;
[(c)] (3) The date, time and place of the public hearing; and
[(d)] (4) A telephone number which may be used by interested persons to obtain additional information.
[7.] 8. A sign required pursuant to subsection[6] 7 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
[8.] 9. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection[6,] 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
[9.] 10. The governing body shall remove or cause to be removed any sign required by subsection[6] 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
[10.] 11. The notice required to be provided pursuant to subsections 3, 4 and 7 must be sent by mail or, if requested by a party to whom notice must be provided pursuant to those subsections, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
12. The provisions of this section do not apply to an application foraconditional use permit filed pursuant to NRS 278.147.
Sec. 4. NRS 278.319 is hereby amended to read as follows:
278.319 1. The governing body may adopt an ordinance that authorizes the director of planning or another person or agency to grant [minor deviations] a deviation of less than 10 percent from requirements for land use established within a zoning district without conducting a hearing. The ordinance must require an applicant for such a [minor] deviation to obtain the written consent of the owner of any real property that would be affected by the [minor] deviation.
2. If the director of planning or other authorized person or agency grants a deviation in accordance with its authority delegated pursuant to subsection 1, the director of planning or other authorized person or agency shall ensure that the deviation will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.
3. An applicant or other aggrieved person may appeal the decision of the director of planning or other authorized person or agency in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.]session.
Sec. 5. NRS 278.480 is hereby amended to read as follows:
278.480 1. Except as otherwise provided in subsection [10,] 11, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction.
2. The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.
3. [Whenever any street] A government patent easement which is no longer required for a public purpose may be vacated by:
(a) The governing body; or
(b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,
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without conducting a
hearing on the vacation if the applicant for the vacation obtains the written
consent of each owner of property abutting the proposed vacation and any
utility that is affected by the proposed vacation.
4. Except as otherwise provided in subsection 3, if any right of way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.
[4.] 5. Except as provided in subsection [5,] 6, if, upon public hearing, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission , [or] hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to section 1 of Senate Bill No. 554 of this [act.
5.]session.
6. If a utility has an easement over the property, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, shall provide in its order for the continuation of that easement.
[6.] 7. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
[7.] 8. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination of reasonable consideration which did not take into account the public benefit.
[8.] 9. If an easement for light and air owned by a city or a county is adjacent to a street vacated pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.
[9.] 10. In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, may reserve and except therefrom all easements, rights or interests therein which the governing body, or the planning commission , [or] hearing examiner or other designee, if authorized to take final action by the governing body, deems desirable for the use of the city, the county or any public utility.
[10.] 11. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.
12. As used in this section, “government patent easement” means an easement for a public purpose owned by the governing body over land which was conveyed by a patent.
Sec. 16.7. Assembly Bill No. 553 of this session is hereby amended by adding thereto a new section designated sec. 7, following sec. 6, to read as follows:
Sec. 7. 1. This section and sections 1, 2, 4, 5 and 6 of this act become effective on October 1, 2001.
2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Amend sec. 18, page 15, by deleting line 41 and inserting:
“Sec. 18. 1. This section and sections 1 to 9, inclusive, 12, 13 and 16 to 17, inclusive, of this act become effective on July 1, 2001.
2. Sections 10 and 14 of this act become effective at 12:01 a.m. on July 1, 2001.
3. Sections 11 and 15 of this act become effective at 12:02 a.m. on July 1, 2001.”.