Senate Bill No. 265–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to zoning; requiring a city or county to pay just compensation or authorize an alternative location for certain nonconforming outdoor advertising structures under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 278 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  If a city or county, through the adoption, operation or

 enforcement of any ordinance or code, requires the removal of a

 nonconforming outdoor advertising structure, the city or county shall:

   (a) Pay just compensation for the loss of the nonconforming outdoor

 advertising structure to the owner of the nonconforming outdoor

 advertising structure and to the owner of the real property upon which

 the nonconforming outdoor advertising structure is located; or

   (b) Authorize the owner of the nonconforming outdoor advertising

 structure to relocate that structure to a site which is determined to be a

 comparable site by the owner of the nonconforming outdoor advertising

 structure  and which is approved by the city or county as an appropriate

 site for the structure.

   2.  If a city or county prohibits the owner of a nonconforming

 outdoor advertising structure from engaging in routine maintenance of

 the nonconforming outdoor advertising structure, the city or county

 shall provide just compensation or authorize a comparable alternative

 location for the nonconforming outdoor advertising structure in the

 same manner as if the city or county had required the removal of the

 nonconforming outdoor advertising structure pursuant to subsection 1.

   3.  A city or county shall not require the removal of a nonconforming

 outdoor advertising structure to occur pursuant to an amortization

 schedule, regardless of the length of the period set forth in the

 amortization schedule.

   4.  The requirements of subsection 1 do not apply to a nonconforming

 outdoor advertising structure that is:

   (a) Required to be removed as a result of the owner of the real

 property upon which the nonconforming outdoor advertising structure is

 located terminating the lease that governs the placement of the

 nonconforming outdoor advertising structure on that property pursuant

 to the terms of that lease; or

   (b) Destroyed or damaged in excess of 50 percent of its material

 structural value as a result of a natural disaster, including, without

 limitation, a fire, flood, earthquake, windstorm, rainstorm and

 snowstorm.

   5.  A city or county shall not require the removal of a nonconforming

 outdoor advertising structure as a condition to the development or

 redevelopment of the property upon which the nonconforming outdoor

 advertising structure is located without first holding a public hearing at

 which the owner of the nonconforming outdoor advertising structure

 has an opportunity to be heard. The requirements of subsection 1 do not

apply if, after the public hearing required by this subsection, a city or

county requires the removal of the nonconforming outdoor advertising

 structure.

   6.  If the owner of a nonconforming outdoor advertising structure or

 the owner of the real property upon which the nonconforming outdoor

 advertising structure is located disagrees with the amount of just

 compensation the city or county determines should be paid to him, the

 owner may appeal the determination to a court of competent

 jurisdiction. In determining the amount of just compensation that

 should be paid to an owner pursuant to subsection 1, the court shall

 consider:

   (a) The uniqueness of the location of the property upon which the

 nonconforming outdoor advertising structure is erected;

   (b) Whether the nonconforming outdoor advertising structure can be

 relocated to a comparable site;

   (c) The amount of income generated by the nonconforming outdoor

 advertising structure; and

   (d) The length of time remaining on any applicable term of a lease

 governing the nonconforming outdoor advertising structure.

   7.  As used in this section:

   (a) “Amortization schedule” means an extended period over which a

 person is required to remove a nonconforming outdoor advertising

 structure.

   (b) “Just compensation” means the most probable price that a

 nonconforming outdoor advertising structure would bring in a

 competitive and open market under the conditions of a fair sale, without

 the price being affected by undue stimulus.

   (c) “Material structural value” means the cost of labor and materials

 necessary to erect an outdoor advertising structure. The term does not

 include any revenue or expenses related to the lease of real property

 upon which the outdoor advertising structure is located.

   (d) “Nonconforming outdoor advertising structure” means an outdoor

 advertising structure which is constructed or erected in conformance

 with all applicable local ordinances and codes in effect on the date a

 building permit is issued for the outdoor advertising structure and which

 does not conform subsequently because of a change to the local

 ordinances or codes. The term does not include an outdoor advertising

 structure that is authorized by a special use permit, conditional use

 permit, variance, waiver, condition of zoning or other approval for the

 use of land if, when the special use permit, conditional use permit,

 variance, waiver, condition of zoning or other approval for the use of

 land was first approved, the special use permit, conditional use permit,

 variance, waiver, condition of zoning or other approval for the use of

 land was limited by a specific condition which allowed or required the

 governing body of the city or county to conduct a review of the structure.

   (e) “Outdoor advertising structure” means any sign, display, billboard

 or other device that is designed, intended or used to advertise or inform

 readers about services rendered or goods produced or sold on property

 other than the property upon which the sign, display, billboard or other

 device is erected.

   (f) “Routine maintenance” means normal repair and upkeep of the

structural integrity and appearance of a nonconforming outdoor

 advertising structure. The term does not include any increase in the size

 or height of the structure or any addition or enhancement to the

 structure that increases the visual effect of the structure or increases the

 impact on the use of the land in the area around the structure.

   Sec. 2.  This act becomes effective upon passage and approval.

 

²⁰~~~~~⁰¹