(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 265–Committee on Government Affairs

 

March 1, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Requires city or county to pay just compensation or authorize alternative location for certain structures under certain circumstances. (BDR 22‑156)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to zoning; requiring a city or county to pay just compensation or authorize an alternative location for certain 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:

 

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

1-2  new section to read as follows:

1-3    1.  If a city or county, through the adoption, operation or

1-4  enforcement of any ordinance or code, requires the removal of a

1-5  nonconforming outdoor advertising structure, the city or county shall:

1-6    (a) Pay just compensation for the loss of the nonconforming outdoor

1-7  advertising structure to the owner of the nonconforming outdoor

1-8  advertising structure and to the owner of the real property upon which

1-9  the nonconforming outdoor advertising structure is located; or

1-10    (b) Authorize the owner of the nonconforming outdoor advertising

1-11  structure to relocate that structure to a site which is determined to be a

1-12  comparable site by the city or county and the owner of the

1-13  nonconforming outdoor advertising structure.

1-14    2.  If a city or county prohibits the owner of a nonconforming

1-15  outdoor advertising structure from routinely maintaining the

1-16  nonconforming outdoor advertising structure, the city or county shall

1-17  provide just compensation or authorize a comparable alternative location

1-18  for the nonconforming outdoor advertising structure in the same manner

1-19  as if the city or county had required the removal of the nonconforming

1-20  outdoor advertising structure pursuant to subsection 1.

1-21    3.  A city or county shall not allow or require the removal of a

1-22  nonconforming outdoor advertising structure to occur pursuant to an

2-1  amortization schedule, regardless of the length of the period set forth in

2-2  the amortization schedule.

2-3    4.  The requirements of subsection 1 do not apply if a nonconforming

2-4  outdoor advertising structure is required to be removed as a result of the

2-5  owner of the real property upon which the nonconforming outdoor

2-6  advertising structure is located terminating the lease that governs the

2-7  placement of the nonconforming outdoor advertising structure on that

2-8  property pursuant to the terms of that lease.

2-9    5.  A city or county shall not require the removal of a nonconforming

2-10  outdoor advertising structure as a condition to the development of the

2-11  property upon which the nonconforming outdoor advertising structure is

2-12  located without first holding a public hearing at which the owner of the

2-13  nonconforming outdoor advertising structure has an opportunity to be

2-14  heard.

2-15    6.  If the owner of a nonconforming outdoor advertising structure or

2-16  the owner of the real property upon which the nonconforming outdoor

2-17  advertising structure is located disagrees with the amount of just

2-18  compensation the city or county determines should be paid to him, the

2-19  owner may appeal the determination to a court of competent jurisdiction.

2-20  In determining the amount of just compensation that should be paid to

2-21  an owner pursuant to subsection 1, the court shall consider:

2-22    (a) The uniqueness of the location of the property upon which the

2-23  nonconforming outdoor advertising structure is erected;

2-24    (b) Whether the nonconforming outdoor advertising structure can be

2-25  relocated to a comparable site;

2-26    (c) The amount of income generated by the nonconforming outdoor

2-27  advertising structure; and

2-28    (d) The length of time remaining on any applicable term of a lease

2-29  governing the nonconforming outdoor advertising structure.

2-30    7.  As used in this section:

2-31    (a) “Amortization schedule” means an extended period over which a

2-32  person is allowed or required to remove a nonconforming outdoor

2-33  advertising structure.

2-34    (b) “Just compensation” means the most probable price that a

2-35  nonconforming outdoor advertising structure would bring in a

2-36  competitive and open market under the conditions of a fair sale, without

2-37  the price being affected by undue stimulus.

2-38    (c) “Nonconforming outdoor advertising structure” means an outdoor

2-39  advertising structure which is constructed or erected in conformance

2-40  with all applicable local ordinances and codes in effect on the date a

2-41  building permit is issued for the outdoor advertising structure and which

2-42  does not conform subsequently because of a change to the local

2-43  ordinances or codes. The term does not include an outdoor advertising

2-44  structure that is authorized by a special use permit, conditional use

2-45  permit, variance or waiver if, when the special use permit, conditional

2-46  use permit, variance or waiver was first approved, the special use permit,

2-47  conditional use permit, variance or waiver was limited by a specific date

2-48  after which it would be reviewed by the governing body of the city or

2-49  county.

3-1    (d) “Outdoor advertising structure” means any sign, display, billboard

3-2  or other device that is designed, intended or used to advertise or inform

3-3  readers about services rendered or goods produced or sold on property

3-4  other than the property upon which the sign, display, billboard or other

3-5  device is erected.

3-6    Sec. 2.  This act becomes effective upon passage and approval.

 

3-7  H