(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD REPRINT S.B. 554
Senate Bill No. 554–Committee on Government Affairs
(On Behalf of Washoe County)
March 26, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes concerning land use planning. (BDR 22‑322)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: 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).
AN ACT relating to land use planning; requiring the governing body of each county and city to adopt an ordinance providing for the appeal of certain land use decisions to the governing body; providing for an appeal of such decisions by the governing body to the district court; authorizing the governing body of a county or city to adopt an alternative procedure allowing certain decisions of a board of adjustment to be appealed directly to the district court; raising the maximum compensation that a governing body may provide to its planning commission for each meeting of the planning commission; authorizing certain attested copies of a master plan to be certified by electronic means; modifying the period within which certain entities must take action on a tentative map, parcel map or final map; revising provisions regarding the presentation of a series of final maps for a subdivision; 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. Except as otherwise provided in NRS 278.310, each governing
1-4 body shall adopt an ordinance providing that any person who is
1-5 aggrieved by a decision of:
1-6 (a) The planning commission, if the governing body has created a
1-7 planning commission pursuant to NRS 278.030;
1-8 (b) The board of adjustment, if the governing body has created a
1-9 board of adjustment pursuant to NRS 278.270;
1-10 (c) A hearing examiner, if the governing body has appointed a
1-11 hearing examiner pursuant to NRS 278.262; or
2-1 (d) Any other person appointed or employed by the governing body
2-2 who is authorized to make administrative decisions regarding the use of
2-3 land,
2-4 may appeal the decision to the governing body.
2-5 2. Except as otherwise provided in NRS 278.310, an ordinance
2-6 adopted pursuant to subsection 1 must set forth, without limitation:
2-7 (a) The period within which an appeal must be filed with the
2-8 governing body.
2-9 (b) The procedures pursuant to which the governing body will hear
2-10 the appeal.
2-11 (c) That the governing body may affirm, modify or reverse a decision.
2-12 (d) The period within which the governing body must render its
2-13 decision except that:
2-14 (1) In a county whose population is 400,000 or more, that period
2-15 must not exceed 45 days.
2-16 (2) In a county whose population is less than 400,000, that period
2-17 must not exceed 60 days.
2-18 (e) That the decision of the governing body is a final decision for the
2-19 purpose of judicial review.
2-20 (f) That, in reviewing a decision, the governing body will be guided by
2-21 the statement of purpose underlying the regulation of the improvement of
2-22 land expressed in NRS 278.020.
2-23 (g) That the governing body may charge the appellant a fee for the
2-24 filing of an appeal.
2-25 3. Any person who:
2-26 (a) Has appealed a decision to the governing body in accordance with
2-27 an ordinance adopted pursuant to subsection 1; and
2-28 (b) Is aggrieved by the decision of the governing body,
2-29 may appeal that decision to the district court of the proper county by
2-30 filing a petition for judicial review within 25 days after the date of filing
2-31 of notice of the decision with the clerk or secretary of the governing body,
2-32 as set forth in NRS 278.0235.
2-33 Sec. 2. NRS 278.010 is hereby amended to read as follows:
2-34 278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1
2-35 of this act, unless the context otherwise requires, the words and terms
2-36 defined in NRS 278.0105 to 278.0195, inclusive, have the meanings
2-37 ascribed to them in those sections.
2-38 Sec. 3. NRS 278.040 is hereby amended to read as follows:
2-39 278.040 1. The members of the planning commission are appointed
2-40 by the chief executive officer of the city, or in the case of a county by the
2-41 chairman of the board of county commissioners, with the approval of the
2-42 governing body. The members must not be members of the governing body
2-43 of the city or county. The majority of the members of the county planning
2-44 commission in any county whose population is 400,000 or more must
2-45 reside within the unincorporated area of the county.
2-46 2. In Carson City, the members of the planning commission
2-47 established as provided in NRS 278.030 are appointed by the mayor from
2-48 the city at large, with the approval of the board of supervisors.
3-1 3. The governing body may provide for compensation to its planning
3-2 commission in an amount of not more than [$50] $80 per meeting of the
3-3 commission, with a total of not more than $400 per month, and may
3-4 provide travel expenses and subsistence allowances for the members in the
3-5 same amounts as are allowed for other officers and employees of the
3-6 county or city.
3-7 4. Except as otherwise provided in this subsection, the term of each
3-8 member is 4 years, or until his successor takes office. If applicable, the
3-9 term of each member of a county or city planning commission in any
3-10 county whose population is 400,000 or more is coterminous with the term
3-11 of the member of the governing body who recommended his appointment
3-12 to the appointing authority. If the recommending member resigns his office
3-13 before the expiration of his term, the corresponding member of the
3-14 planning commission may continue to serve until the office is next filled by
3-15 election. If the office of the recommending member becomes vacant before
3-16 the expiration of the term for any other reason, the corresponding member
3-17 of the planning commission may continue to serve for the duration of the
3-18 original term.
3-19 5. Members may be removed, after public hearing, by a majority vote
3-20 of the governing body for just cause.
3-21 6. Vacancies occurring otherwise than through the expiration of term
3-22 must be filled for the unexpired term.
3-23 Sec. 4. NRS 278.210 is hereby amended to read as follows:
3-24 278.210 1. Before adopting the master plan or any part of it, or any
3-25 substantial amendment thereof, the commission shall hold at least one
3-26 public hearing thereon, notice of the time and place of which [shall] must
3-27 be given at least by one publication in a newspaper of general circulation in
3-28 the city or county, or in the case of a regional planning commission, by one
3-29 publication in a newspaper in each county within the regional district, at
3-30 least 10 days before the day of the hearing.
3-31 2. The adoption of the master plan, or of any amendment, extension or
3-32 addition thereof, [shall] must be by resolution of the commission carried by
3-33 the affirmative votes of not less than two-thirds of the total membership of
3-34 the commission. The resolution [shall] must refer expressly to the maps,
3-35 descriptive matter and other matter intended by the commission to
3-36 constitute the plan or any amendment, addition or extension thereof, and
3-37 the action taken [shall] must be recorded on the map and plan and
3-38 descriptive matter by the identifying signatures of the secretary and
3-39 chairman of the commission.
3-40 3. No plan or map, hereafter, [shall] may have indicated thereon that it
3-41 is a part of the master plan until it [shall have] has been adopted as part of
3-42 the master plan by the commission as herein provided for the adoption
3-43 thereof, whenever changed conditions or further studies by the commission
3-44 require such amendments, extension[,] or addition.
3-45 4. An attested copy of any part, amendment, extension of or addition
3-46 to the master plan adopted by the planning commission of any city, county
3-47 or region [shall] must be certified to the governing body of [such] the city,
3-48 county or region. The governing body of the city, county or region may
3-49 authorize such certification by electronic means.
4-1 5. An attested copy of any part, amendment, extension of or addition
4-2 to the master plan adopted by any regional planning commission [shall]
4-3 must be certified to the county planning commission and to the board of
4-4 county commissioners of each county within the regional district. The
4-5 county planning commission and board of county commissioners may
4-6 authorize such certification by electronic means.
4-7 Sec. 5. NRS 278.265 is hereby amended to read as follows:
4-8 278.265 1. Any ordinance enacted pursuant to the provisions of NRS
4-9 278.264 must provide, in substance, the same notice of hearing and
4-10 conduct of hearing safeguards required by NRS 278.315 or 278.480,
4-11 whichever is applicable.
4-12 2. The governing body shall, by ordinance, set forth the duties and
4-13 powers of the hearing examiner, including a statement of whether the
4-14 hearing examiner may take final action on any matter assigned to him by
4-15 the governing body.
4-16 3. Except as otherwise provided in subsection 4, the governing body
4-17 may authorize the hearing examiner to take final action on matters relating
4-18 to a variance, vacation, abandonment, special use permit, conditional use
4-19 permit and other special exception or application specified in the
4-20 ordinance.
4-21 4. The governing body shall not authorize the hearing examiner to take
4-22 final action on:
4-23 (a) Matters relating to a zoning classification, zoning district or an
4-24 amendment to a zoning boundary.
4-25 (b) An application for a conditional use permit that is filed pursuant to
4-26 NRS 278.147.
4-27 5. An [ordinance adopted pursuant to NRS 278.264 must set forth the
4-28 manner in which an] applicant or protestant may appeal any final action
4-29 taken by the hearing examiner [to the governing body.] in accordance with
4-30 the ordinance adopted pursuant to section 1 of this act.
4-31 Sec. 6. NRS 278.310 is hereby amended to read as follows:
4-32 278.310 1. [Appeals] Except as otherwise provided in subsection 4,
4-33 appeals to the board of adjustment may be taken by:
4-34 (a) Any person aggrieved by his inability to obtain a building permit, or
4-35 by the decision of any administrative officer or agency based upon or made
4-36 in the course of the administration or enforcement of the provisions of any
4-37 zoning regulation or any regulation relating to the location or soundness of
4-38 structures.
4-39 (b) Any officer, department, board or bureau of the city or county
4-40 affected by the grant or refusal of a building permit or by other decision of
4-41 an administrative officer or agency based on or made in the course of the
4-42 administration or enforcement of the provisions of any zoning regulations.
4-43 2. [The] Except as otherwise provided in subsection 4, the time within
4-44 which an appeal must be made, and the form of other procedure relating
4-45 thereto, [shall] must be as specified in the general rules provided by the
4-46 governing body to govern the procedure of the board of adjustment and in
4-47 the supplemental rules of procedure adopted by the board of adjustment.
4-48 3. Each governing body which has created a board of adjustment
4-49 pursuant to NRS 278.270 shall adopt an ordinance providing that any
5-1 person who is aggrieved by a decision of the board of adjustment
5-2 regarding an appeal of an administrative decision may appeal the
5-3 decision of the board of adjustment. An ordinance that a governing body
5-4 is required to adopt pursuant to this subsection must either:
5-5 (a) Comply with subsection 2 of section 1 of this act, thereby requiring
5-6 the aggrieved person first to appeal the decision of the board of
5-7 adjustment to the governing body; or
5-8 (b) Set forth a separate procedure which allows the aggrieved person
5-9 to appeal the decision of the board of adjustment directly to the district
5-10 court of the proper county by filing a petition for judicial review within
5-11 25 days after the date of filing of notice of the decision with the clerk or
5-12 secretary of the board of adjustment, as provided in NRS 278.0235.
5-13 4. If the governing body has not created a board of adjustment
5-14 pursuant to NRS 278.270, any person aggrieved by the decision of an
5-15 administrative officer or agency, as described in subsection 1, may appeal
5-16 the decision in accordance with the ordinance adopted pursuant to
5-17 section 1 of this act.
5-18 Sec. 7. NRS 278.315 is hereby amended to read as follows:
5-19 278.315 1. The governing body may provide by ordinance for the
5-20 granting of variances, special use permits, conditional use permits or other
5-21 special exceptions by the board of adjustment, the planning commission or
5-22 a hearing examiner appointed pursuant to NRS 278.262. The governing
5-23 body may impose this duty entirely on the board, commission or examiner,
5-24 respectively, or provide for the granting of enumerated categories of
5-25 variances, special use permits, conditional use permits or special
5-26 exceptions by the board, commission or examiner.
5-27 2. A hearing to consider an application for the granting of a variance,
5-28 special use permit, conditional use permit or special exception must be held
5-29 before the board of adjustment, planning commission or hearing examiner
5-30 within 65 days after the filing of the application, unless a longer time or a
5-31 different process of review is provided in an agreement entered into
5-32 pursuant to NRS 278.0201. A notice setting forth the time, place and
5-33 purpose of the hearing must be sent by mail at least 10 days before the
5-34 hearing to:
5-35 (a) The applicant;
5-36 (b) Each owner of real property located within 300 feet of the property
5-37 in question;
5-38 (c) If a mobile home park is located within 300 feet of the property in
5-39 question, each tenant of that mobile home park; and
5-40 (d) Any advisory board which has been established for the affected area
5-41 by the governing body.
5-42 The notice must be sent by mail or, if requested by a party to whom notice
5-43 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic
5-44 means if receipt of such an electronic notice can be verified, and be written
5-45 in language which is easy to understand. The notice must set forth the time,
5-46 place and purpose of the hearing and a physical description or map of the
5-47 property in question.
5-48 3. If the application is for the issuance of a special use permit in a
5-49 county whose population is 100,000 or more, the governing body shall, to
6-1 the extent this notice does not duplicate the notice required by subsection
6-2 2, cause a notice to be sent at least 10 days before the hearing to each
6-3 owner, as listed on the county assessor’s records, of at least 30 parcels
6-4 nearest to the property in question. The notice must be sent by mail or, if
6-5 requested by an owner to whom notice must be provided, by electronic
6-6 means if receipt of such an electronic notice can be verified, and be written
6-7 in language which is easy to understand. The notice must set forth the time,
6-8 place and purpose of the hearing and a physical description or map of the
6-9 property in question.
6-10 4. An [ordinance adopted pursuant to this section must provide an
6-11 opportunity for the] applicant or a protestant [to appeal from] may appeal a
6-12 decision of the board of adjustment, planning commission or hearing
6-13 examiner [to the governing body.] in accordance with the ordinance
6-14 adopted pursuant to section 1 of this act.
6-15 5. In a county whose population is 400,000 or more, if the application
6-16 is for the issuance of a special use permit for an establishment which serves
6-17 alcoholic beverages for consumption on or off of the premises as its
6-18 primary business in a district which is not a gaming enterprise district as
6-19 defined in NRS 463.0158, the governing body shall, in addition to sending
6-20 the notice required pursuant to subsection 3, not later than 10 days before
6-21 the hearing, erect or cause to be erected on the property, at least one sign
6-22 not less than 2 feet high and 2 feet wide. The sign must be made of
6-23 material reasonably calculated to withstand the elements for 40 days. The
6-24 governing body must be consistent in its use of colors for the background
6-25 and lettering of the sign. The sign must include the following information:
6-26 (a) The existing permitted use and zoning designation of the property in
6-27 question;
6-28 (b) The proposed permitted use of the property in question;
6-29 (c) The date, time and place of the public hearing; and
6-30 (d) A telephone number which may be used by interested persons to
6-31 obtain additional information.
6-32 6. A sign required pursuant to subsection 5 is for informational
6-33 purposes only, and must be erected regardless of any local ordinance
6-34 regarding the size, placement or composition of signs to the contrary.
6-35 7. A governing body may charge an additional fee for each application
6-36 for a special use permit to cover the actual costs resulting from the erection
6-37 of not more than one sign required by subsection 5, if any. The additional
6-38 fee is not subject to the limitation imposed by NRS 354.5989.
6-39 8. The governing body shall remove or cause to be removed any sign
6-40 required by subsection 5 within 5 days after the final hearing for the
6-41 application for which the sign was erected. There must be no additional
6-42 charge to the applicant for such removal.
6-43 9. The provisions of this section do not apply to an application for
6-44 conditional use permit filed pursuant to NRS 278.147.
6-45 Sec. 8. NRS 278.319 is hereby amended to read as follows:
6-46 278.319 1. The governing body may adopt an ordinance that
6-47 authorizes the director of planning or another person or agency to grant
6-48 minor deviations from requirements for land use established within a
6-49 zoning district without conducting a hearing. The ordinance must require
7-1 an applicant for a minor deviation to obtain the written consent of the
7-2 owner of any real property that would be affected by the minor deviation.
7-3 2. If the director of planning or other authorized person or agency
7-4 grants a deviation in accordance with its authority delegated pursuant to
7-5 subsection 1, the director of planning or other authorized person or agency
7-6 shall ensure that the deviation will not impair the purpose of the zoning
7-7 district or any regulations adopted by the governing body pursuant to NRS
7-8 278.250.
7-9 3. An [ordinance adopted pursuant to this section must provide an
7-10 opportunity for an] applicant or other aggrieved person [to] may appeal the
7-11 decision of the director of planning or other authorized person or agency
7-12 [to the governing body.] in accordance with the ordinance adopted
7-13 pursuant to section 1 of this act.
7-14 Sec. 9. NRS 278.328 is hereby amended to read as follows:
7-15 278.328 The governing body may, by ordinance, authorize the
7-16 planning commission to take final action on a tentative map and a final
7-17 map. Any person aggrieved by the commission’s action may appeal the
7-18 commission’s decision [to the governing body within a reasonable period
7-19 to be determined, by ordinance, by the governing body.] in accordance
7-20 with the ordinance adopted pursuant to section 1 of this act.
7-21 Sec. 10. NRS 278.330 is hereby amended to read as follows:
7-22 278.330 1. The initial action in connection with the making of any
7-23 subdivision is the preparation of a tentative map.
7-24 2. The subdivider shall file copies of such map with the planning
7-25 commission or its designated representative, or with the clerk of the
7-26 governing body if there is no planning commission, together with a filing
7-27 fee in an amount determined by the governing body.
7-28 3. The commission, its designated representative, the clerk or other
7-29 designated representative of the governing body or, when authorized by the
7-30 governing body, the subdivider or any other appropriate agency shall
7-31 distribute copies of the map and any accompanying data to all state and
7-32 local agencies charged with reviewing the proposed subdivision.
7-33 4. If there is no planning commission, the clerk of the governing body
7-34 shall submit the tentative map to the governing body at its next regular
7-35 meeting.
7-36 5. Except as otherwise provided by subsection 6, if there is a planning
7-37 commission, it shall:
7-38 (a) In a county whose population is [50,000] 400,000 or more, within 45
7-39 days; or
7-40 (b) In a county whose population is less than [50,000,] 400,000, within
7-41 60 days,
7-42 after accepting as a complete application a tentative map, recommend
7-43 approval, conditional approval or disapproval of the map in a written report
7-44 filed with the governing body.
7-45 6. If the governing body has authorized the planning commission to
7-46 take final action on a tentative map, the planning commission shall:
7-47 (a) In a county whose population is [50,000] 400,000 or more, within 45
7-48 days; or
8-1 (b) In a county whose population is less than [50,000,] 400,000, within
8-2 60 days,
8-3 after accepting as a complete application a tentative map, approve,
8-4 conditionally approve or disapprove the tentative map in the manner
8-5 provided for in NRS 278.349. [It] The planning commission shall file its
8-6 written decision with the governing body.
8-7 Sec. 11. NRS 278.349 is hereby amended to read as follows:
8-8 278.349 1. Except as otherwise provided in subsection 2, the
8-9 governing body, if it has not authorized the planning commission to take
8-10 final action, shall, by an affirmative vote of a majority of all the members,
8-11 approve, conditionally approve or disapprove a tentative map filed
8-12 pursuant to NRS 278.330:
8-13 (a) In a county whose population is [50,000] 400,000 or more, within 45
8-14 days; or
8-15 (b) In a county whose population is less than [50,000,] 400,000, within
8-16 60 days,
8-17 after receipt of the planning commission’s recommendations.
8-18 2. If there is no planning commission, the governing body shall
8-19 approve, conditionally approve or disapprove a tentative map:
8-20 (a) In a county whose population is [50,000] 400,000 or more, within 45
8-21 days; or
8-22 (b) In a county whose population is less than [50,000,] 400,000, within
8-23 60 days,
8-24 after the map is filed with the clerk of the governing body.
8-25 3. The governing body, or planning commission if it is authorized to
8-26 take final action on a tentative map, shall consider:
8-27 (a) Environmental and health laws and regulations concerning water
8-28 and air pollution, the disposal of solid waste, facilities to supply water,
8-29 community or public sewage disposal and, where applicable, individual
8-30 systems for sewage disposal;
8-31 (b) The availability of water which meets applicable health standards
8-32 and is sufficient in quantity for the reasonably foreseeable needs of the
8-33 subdivision;
8-34 (c) The availability and accessibility of utilities;
8-35 (d) The availability and accessibility of public services such as schools,
8-36 police protection, transportation, recreation and parks;
8-37 (e) Conformity with the zoning ordinances and master plan, except that
8-38 if any existing zoning ordinance is inconsistent with the master plan, the
8-39 zoning ordinance takes precedence;
8-40 (f) General conformity with the governing body’s master plan of streets
8-41 and highways;
8-42 (g) The effect of the proposed subdivision on existing public streets and
8-43 the need for new streets or highways to serve the subdivision;
8-44 (h) Physical characteristics of the land such as flood plain, slope and
8-45 soil;
8-46 (i) The recommendations and comments of those entities reviewing the
8-47 tentative map pursuant to NRS 278.330 to 278.348, inclusive; and
9-1 (j) The availability and accessibility of fire protection, including, but not
9-2 limited to, the availability and accessibility of water and services for the
9-3 prevention and containment of fires, including fires in wild lands.
9-4 4. The governing body or planning commission shall, by an
9-5 affirmative vote of a majority of all the members, make a final disposition
9-6 of the tentative map. Any disapproval or conditional approval must include
9-7 a statement of the reason for that action.
9-8 Sec. 12. NRS 278.360 is hereby amended to read as follows:
9-9 278.360 1. Unless a longer time is provided in an agreement entered
9-10 into pursuant to NRS 278.0201:
9-11 (a) Unless the time is extended, the subdivider shall present to the
9-12 governing body, or[,] the planning commission or the director of planning
9-13 or other authorized person or agency if authorized to take final action by
9-14 the governing body, within 2 years after the approval of a tentative map:
9-15 (1) A final map, prepared in accordance with the tentative map, for
9-16 the entire area for which a tentative map has been approved; or
9-17 (2) The first of a series of final maps covering a portion of the
9-18 approved tentative map. [The subdivider shall] If the subdivider elects to
9-19 present a successive map in a series of final maps, each covering a portion
9-20 of the approved tentative map, [within successive 1-year periods after the
9-21 date of approval of the latest final map in the series.] the subdivider shall
9-22 present to the governing body, or the planning commission or the
9-23 director of planning or other authorized person or agency if authorized
9-24 to take final action by the governing body, on or before the anniversary
9-25 of the date on which the subdivider presented to that entity for
9-26 recordation the first in the series of final maps:
9-27 (I) A final map, prepared in accordance with the tentative map,
9-28 for the entire area for which the tentative map has been approved; or
9-29 (II) The next final map in the series of final maps covering a
9-30 portion of the approved tentative map.
9-31 (b) If the subdivider fails to [record a final map for any portion of the
9-32 tentative map within 2 years after the date of approval of the tentative map,
9-33 or within 1 year after the date of approval of the most recently recorded
9-34 final map,] comply with the provisions of paragraph (a), all proceedings
9-35 concerning the subdivision are terminated.
9-36 (c) The governing body or planning commission may grant an extension
9-37 of not more than 1 year for the presentation of any final map after the 1-
9-38 year period for presenting a successive final map has expired.
9-39 2. If the subdivider is presenting in a timely manner a series of final
9-40 maps, each covering a portion of the approved tentative map, no
9-41 requirements other than those imposed on each of the final maps in the
9-42 series may be placed on the map when an extension of time is granted
9-43 unless the requirement is directly attributable to a change in applicable
9-44 laws which affect the public health, safety or welfare.
9-45 Sec. 13. NRS 278.380 is hereby amended to read as follows:
9-46 278.380 1. After receipt of the final map:
9-47 (a) The governing body or planning commission, at its next meeting; or
9-48 (b) If authorized by the governing body, the director of planning or
9-49 other authorized person or agency, within 10 days after the map is accepted
10-1 as a complete application by the governing body, planning commission, the
10-2 director of planning or other authorized person or agency,
10-3 shall approve the map if it conforms to all the requirements of NRS
10-4 278.010 to 278.630, inclusive, and section 1 of this act, and of any local
10-5 ordinance applicable at the time of approval of the final map, or any rulings
10-6 made thereunder.
10-7 2. The governing body, planning commission or director of planning
10-8 or other authorized person or agency shall at that time also accept or reject
10-9 all offers of dedication and may, as a condition precedent to the acceptance
10-10 of streets or easements, require that the subdivider improve or agree to
10-11 improve the streets or easements.
10-12 3. If an agreement for a required improvement is entered into, the
10-13 governing body or planning commission may require that the agreement be
10-14 secured by a good and sufficient bond or other security in the amount
10-15 determined by the governing body, planning commission or director of
10-16 planning or other authorized person or agency.
10-17 4. Any requirement imposed by the planning commission, director of
10-18 planning or other authorized person or agency pursuant to this section may
10-19 be appealed [to the governing body.] in accordance with the ordinance
10-20 adopted pursuant to section 1 of this act. If such an appeal is filed, the
10-21 limit on time to approve or disapprove a final map in subsection 1 is
10-22 extended until 10 days after [the] :
10-23 (a) The decision of the governing body on the appeal[.] ; or
10-24 (b) The decision of the district court, if the decision of the governing
10-25 body is appealed to the district court.
10-26 Sec. 14. NRS 278.464 is hereby amended to read as follows:
10-27 278.464 1. Except as otherwise provided in subsection 2, if there is a
10-28 planning commission, it shall:
10-29 (a) In a county whose population is [50,000] 400,000 or more, within 45
10-30 days; or
10-31 (b) In a county whose population is less than [50,000,] 400,000, within
10-32 60 days,
10-33 after accepting as a complete application a parcel map, recommend
10-34 approval, conditional approval or disapproval of the map in a written
10-35 report. The planning commission shall submit the parcel map and the
10-36 written report to the governing body.
10-37 2. If the governing body has authorized the planning commission to
10-38 take final action on a parcel map, the planning commission shall:
10-39 (a) In a county whose population is [50,000] 400,000 or more, within 45
10-40 days; or
10-41 (b) In a county whose population is less than [50,000,] 400,000, within
10-42 60 days,
10-43 after accepting as a complete application the parcel map, approve,
10-44 conditionally approve or disapprove the map. [It] The planning
10-45 commission shall file its written decision with the governing body. Unless
10-46 the time is extended by mutual agreement, if the planning commission is
10-47 authorized to take final action and it fails to take action within the period
10-48 specified in this subsection, the parcel map shall be deemed approved.
11-1 3. If there is no planning commission or if the governing body has not
11-2 authorized the planning commission to take final action, the governing
11-3 body or, by authorization of the governing body, the director of planning or
11-4 other authorized person or agency shall:
11-5 (a) In a county whose population is [50,000] 400,000 or more, within 45
11-6 days; or
11-7 (b) In a county whose population is less than [50,000,] 400,000, within
11-8 60 days,
11-9 after acceptance of the parcel map as a complete application by the
11-10 governing body pursuant to subsection 1 or pursuant to subsection 2 of
11-11 NRS 278.461, review and approve, conditionally approve or disapprove the
11-12 parcel map. Unless the time is extended by mutual agreement, if the
11-13 governing body, the director of planning or other authorized person or
11-14 agency fails to take action within the period specified in this subsection,
11-15 the parcel map shall be deemed approved.
11-16 4. Except as otherwise provided in NRS 278.463, if unusual
11-17 circumstances exist, a governing body or, if authorized by the governing
11-18 body, the planning commission may waive the requirement for a parcel
11-19 map. Before waiving the requirement for a parcel map, a determination
11-20 must be made by the county surveyor, city surveyor or professional land
11-21 surveyor appointed by the governing body that a survey is not required.
11-22 Unless the time is extended by mutual agreement, a request for a waiver
11-23 must be acted upon:
11-24 (a) In a county whose population is [50,000] 400,000 or more, within 45
11-25 days; or
11-26 (b) In a county whose population is less than [50,000,] 400,000, within
11-27 60 days,
11-28 after the date of the request for the waiver[,] or, in the absence of action,
11-29 the waiver shall be deemed approved.
11-30 5. A governing body may consider or may, by ordinance, authorize the
11-31 consideration of the criteria set forth in subsection 3 of NRS 278.349 in
11-32 determining whether to approve, conditionally approve or disapprove a
11-33 second or subsequent parcel map for land that has been divided by a parcel
11-34 map which was recorded within the 5 years immediately preceding the
11-35 acceptance of the second or subsequent parcel map as a complete
11-36 application.
11-37 6. An applicant or other person aggrieved by a decision of the
11-38 governing body’s authorized representative or by a final act of the planning
11-39 commission may appeal [to the governing body within a reasonable period
11-40 to be determined, by ordinance, by the governing body. The governing
11-41 body shall render its decision:
11-42 (a) In a county whose population is 50,000 or more, within 45 days; or
11-43 (b) In a county whose population is less than 50,000, within 60 days,
11-44 after the date the appeal is filed.] the decision in accordance with the
11-45 ordinance adopted pursuant to section 1 of this act.
11-46 7. If a parcel map and the associated division of land are approved or
11-47 deemed approved pursuant to this section, the approval must be noted on
11-48 the map in the form of a certificate attached thereto and executed by the
11-49 clerk of the governing body, the governing body’s designated
12-1 representative or the chairman of the planning commission. A certificate
12-2 attached to a parcel map pursuant to this subsection must indicate, if
12-3 applicable, that the governing body or planning commission determined
12-4 that a public street, easement or utility easement which will not remain in
12-5 effect after a merger and resubdivision of parcels conducted pursuant to
12-6 NRS 278.4925[,] has been vacated or abandoned in accordance with
12-7 NRS 278.480.
12-8 Sec. 15. NRS 278.4725 is hereby amended to read as follows:
12-9 278.4725 1. Except as otherwise provided in this section, if the
12-10 governing body has authorized the planning commission to take final
12-11 action on a final map, the planning commission shall approve,
12-12 conditionally approve or disapprove the final map, basing its action upon
12-13 the requirements of NRS 278.472:
12-14 (a) In a county whose population is [50,000] 400,000 or more, within 45
12-15 days; or
12-16 (b) In a county whose population is less than [50,000,] 400,000, within
12-17 60 days,
12-18 after accepting the final map as a complete application. The planning
12-19 commission shall file its written decision with the governing body. Except
12-20 as otherwise provided in subsection 5, or unless the time is extended by
12-21 mutual agreement, if the planning commission is authorized to take final
12-22 action and it fails to take action within the period specified in this
12-23 subsection, the final map shall be deemed approved unconditionally.
12-24 2. If there is no planning commission or if the governing body has not
12-25 authorized the planning commission to take final action, the governing
12-26 body or its authorized representative shall approve, conditionally approve
12-27 or disapprove the final map, basing its action upon the requirements of
12-28 NRS 278.472:
12-29 (a) In a county whose population is [50,000] 400,000 or more, within 45
12-30 days; or
12-31 (b) In a county whose population is less than [50,000,] 400,000, within
12-32 60 days,
12-33 after the final map is accepted as a complete application. Except as
12-34 otherwise provided in subsection 5 or unless the time is extended by
12-35 mutual agreement, if the governing body or its authorized representative
12-36 fails to take action within the period specified in this subsection, the final
12-37 map shall be deemed approved unconditionally.
12-38 3. An applicant or other person aggrieved by a decision of the
12-39 authorized representative of the governing body or by a final act of the
12-40 planning commission may appeal [to the governing body within a
12-41 reasonable period to be determined, by ordinance, by the governing body.
12-42 The governing body shall render its decision:
12-43 (a) In a county whose population is 50,000 or more, within 45 days; or
12-44 (b) In a county whose population is less than 50,000, within 60 days,
12-45 after the date on which the appeal is filed.] the decision in accordance
12-46 with the ordinance adopted pursuant to section 1 of this act.
12-47 4. If the map is disapproved, the governing body or its authorized
12-48 representative or the planning commission shall return the map to the
13-1 person who proposes to divide the land, with the reason for its action and a
13-2 statement of the changes necessary to render the map acceptable.
13-3 5. If the final map divides the land into 16 lots or more, the governing
13-4 body or its authorized representative or the planning commission shall not
13-5 approve a map, and a map shall not be deemed approved, unless:
13-6 (a) Each lot contains an access road that is suitable for use by
13-7 emergency vehicles; and
13-8 (b) The corners of each lot are set by a professional land surveyor.
13-9 6. If the final map divides the land into 15 lots or less, the governing
13-10 body or its authorized representative or the planning commission may, if
13-11 reasonably necessary, require the map to comply with the provisions of
13-12 subsection 5.
13-13 7. Upon approval, the map must be filed with the county recorder.
13-14 Filing with the county recorder operates as a continuing:
13-15 (a) Offer to dedicate for public roads the areas shown as proposed roads
13-16 or easements of access, which the governing body may accept in whole or
13-17 in part at any time or from time to time.
13-18 (b) Offer to grant the easements shown for public utilities, which any
13-19 public utility may similarly accept without excluding any other public
13-20 utility whose presence is physically compatible.
13-21 8. The map filed with the county recorder must include:
13-22 (a) A certificate signed and acknowledged by each owner of land to be
13-23 divided consenting to the preparation of the map, the dedication of the
13-24 roads and the granting of the easements.
13-25 (b) A certificate signed by the clerk of the governing body or authorized
13-26 representative of the governing body or the secretary to the planning
13-27 commission that the map was approved, or the affidavit of the person
13-28 presenting the map for filing that the time limited by subsection 1 or 2 for
13-29 action by the governing body or its authorized representative or the
13-30 planning commission has expired and that the requirements of subsection 5
13-31 have been met. A certificate signed pursuant to this paragraph must also
13-32 indicate, if applicable, that the governing body or planning commission
13-33 determined that a public street, easement or utility easement which will not
13-34 remain in effect after a merger and resubdivision of parcels conducted
13-35 pursuant to NRS 278.4925, has been vacated or abandoned in accordance
13-36 with NRS 278.480.
13-37 (c) A written statement signed by the treasurer of the county in which
13-38 the land to be divided is located indicating that all property taxes on the
13-39 land for the fiscal year have been paid.
13-40 9. A governing body may by local ordinance require a final map to
13-41 include:
13-42 (a) A report from a title company which lists the names of:
13-43 (1) Each owner of record of the land to be divided; and
13-44 (2) Each holder of record of a security interest in the land to be
13-45 divided, if the security interest was created by a mortgage or a deed of
13-46 trust.
13-47 (b) The signature of each owner of record of the land to be divided.
14-1 (c) The written consent of each holder of record of a security interest
14-2 listed pursuant to subparagraph (2) of paragraph (a), to the preparation and
14-3 recordation of the final map. A holder of record may consent by signing:
14-4 (1) The final map; or
14-5 (2) A separate document that is filed with the final map and declares
14-6 his consent to the division of land.
14-7 10. After a map has been filed with the county recorder, any lot shown
14-8 thereon may be conveyed by reference to the map, without further
14-9 description.
14-10 11. The county recorder shall charge and collect for recording the map
14-11 a fee of not more than $35 per page set by the board of county
14-12 commissioners.
14-13 12. A county recorder who records a final map pursuant to this section
14-14 shall, within 7 working days after he records the final map, provide to the
14-15 county assessor at no charge:
14-16 (a) A duplicate copy of the final map and any supporting documents; or
14-17 (b) Access to the digital final map and any digital supporting
14-18 documents.
14-19 Sec. 16. NRS 278.480 is hereby amended to read as follows:
14-20 278.480 1. Except as otherwise provided in subsection 10, any
14-21 abutting owner or local government desiring the vacation or abandonment
14-22 of any street or easement owned by a city or a county, or any portion
14-23 thereof, shall file a petition in writing with the planning commission or the
14-24 governing body having jurisdiction.
14-25 2. The governing body may establish by ordinance a procedure by
14-26 which, after compliance with the requirements for notification of public
14-27 hearing set forth in this section, a vacation or abandonment of a street or an
14-28 easement may be approved in conjunction with the approval of a tentative
14-29 map pursuant to NRS 278.349.
14-30 3. Whenever any street or easement owned by a city or a county is
14-31 proposed to be vacated, the governing body, or the planning commission or
14-32 hearing examiner if authorized to take final action by the governing body,
14-33 shall notify by certified mail each owner of property abutting the proposed
14-34 abandonment and cause a notice to be published at least once in a
14-35 newspaper of general circulation in the city or county, setting forth the
14-36 extent of the proposed abandonment and setting a date for public hearing,
14-37 which must be not less than 10 days and not more than 40 days after the
14-38 date the notice is first published.
14-39 4. Except as provided in subsection 5, if, upon public hearing, the
14-40 governing body, or the planning commission or hearing examiner if
14-41 authorized to take final action by the governing body, is satisfied that the
14-42 public will not be materially injured by the proposed vacation, it shall order
14-43 the street or easement vacated. The governing body, or the planning
14-44 commission or hearing examiner if authorized to take final action by the
14-45 governing body, may make the order conditional, and the order becomes
14-46 effective only upon the fulfillment of the conditions prescribed. An
14-47 applicant or other person aggrieved by the decision of the planning
14-48 commission or hearing examiner may appeal [to the governing body within
14-49 a reasonable period to be determined, by ordinance, by the governing
15-1 body.] the decision in accordance with the ordinance adopted pursuant to
15-2 section 1 of this act.
15-3 5. If a utility has an easement over the property, the governing body, or
15-4 the planning commission or hearing examiner if authorized to take final
15-5 action by the governing body, shall provide in its order for the continuation
15-6 of that easement.
15-7 6. The order must be recorded in the office of the county recorder, if
15-8 all the conditions of the order have been fulfilled, and upon the recordation
15-9 title to the street or easement reverts to the abutting property owners in the
15-10 approximate proportion that the property was dedicated by the abutting
15-11 property owners or their predecessors in interest. In the event of a partial
15-12 vacation of a street where the vacated portion is separated from the
15-13 property from which it was acquired by the unvacated portion of it, the
15-14 governing body may sell the vacated portion upon such terms and
15-15 conditions as it deems desirable and in the best interests of the city or
15-16 county. If the governing body sells the vacated portion, it shall afford the
15-17 right of first refusal to each abutting property owner as to that part of the
15-18 vacated portion which abuts his property, but no action may be taken by
15-19 the governing body to force the owner to purchase that portion and that
15-20 portion may not be sold to any person other than the owner if the sale
15-21 would result in a complete loss of access to a street from the abutting
15-22 property.
15-23 7. If the street was acquired by dedication from the abutting property
15-24 owners or their predecessors in interest, no payment is required for title to
15-25 the proportionate part of the street reverted to each abutting property
15-26 owner. If the street was not acquired by dedication, the governing body
15-27 may make its order conditional upon payment by the abutting property
15-28 owners for their proportionate part of the street of such consideration as the
15-29 governing body determines to be reasonable. If the governing body
15-30 determines that the vacation has a public benefit, it may apply the benefit
15-31 as an offset against a determination of reasonable consideration which did
15-32 not take into account the public benefit.
15-33 8. If an easement for light and air owned by a city or a county is
15-34 adjacent to a street vacated pursuant to the provisions of this section, the
15-35 easement is vacated upon the vacation of the street.
15-36 9. In any vacation or abandonment of any street owned by a city or a
15-37 county, or any portion thereof, the governing body, or the planning
15-38 commission or hearing examiner if authorized to take final action by the
15-39 governing body, may reserve and except therefrom all easements, rights or
15-40 interests therein which the governing body, or the planning commission or
15-41 hearing examiner if authorized to take final action by the governing body,
15-42 deems desirable for the use of the city, the county or any public utility.
15-43 10. The governing body may establish by local ordinance a simplified
15-44 procedure for the vacation or abandonment of an easement for a public
15-45 utility owned or controlled by the governing body.
16-1 Sec. 16.3. Sections 4 and 8 of Assembly Bill No. 182 of this session
16-2 are hereby amended to read as follows:
16-3 Sec. 4. NRS 278.210 is hereby amended to read as follows:
16-4 278.210 1. Before adopting the master plan or any part of it[,]
16-5 in accordance with NRS 278.170, or any substantial amendment
16-6 thereof, the commission shall hold at least one public hearing thereon,
16-7 notice of the time and place of which must be given at least by one
16-8 publication in a newspaper of general circulation in the city or county,
16-9 or in the case of a regional planning commission, by one publication
16-10 in a newspaper in each county within the regional district, at least 10
16-11 days before the day of the hearing.
16-12 2. The adoption of the master plan, or of any amendment,
16-13 extension or addition thereof, must be by resolution of the
16-14 commission carried by the affirmative votes of not less than two-
16-15 thirds of the total membership of the commission. The resolution must
16-16 refer expressly to the maps, descriptive matter and other matter
16-17 intended by the commission to constitute the plan or any amendment,
16-18 addition or extension thereof, and the action taken must be recorded
16-19 on the map and plan and descriptive matter by the identifying
16-20 signatures of the secretary and chairman of the commission.
16-21 3. No plan or map, hereafter, may have indicated thereon that it is
16-22 a part of the master plan until it has been adopted as part of the master
16-23 plan by the commission as herein provided for the adoption thereof,
16-24 whenever changed conditions or further studies by the commission
16-25 require such amendments, extension or addition.
16-26 4. Except as otherwise provided in this subsection, the
16-27 commission shall not amend the land use plan of the master plan set
16-28 forth in paragraph (f) of subsection 1 of NRS 278.160, or any
16-29 portion of such a land use plan, more than four times in a calendar
16-30 year. The provisions of this subsection do not apply to a change in
16-31 the land use designated for a particular area if the change does not
16-32 affect more than 25 percent of the area.
16-33 5. An attested copy of any part, amendment, extension of or
16-34 addition to the master plan adopted by the planning commission of
16-35 any city, county or region in accordance with NRS 278.170 must be
16-36 certified to the governing body of the city, county or region. The
16-37 governing body of the city, county or region may authorize such
16-38 certification by electronic means.
16-39 [5.] 6. An attested copy of any part, amendment, extension of or
16-40 addition to the master plan adopted by any regional planning
16-41 commission must be certified to the county planning commission and
16-42 to the board of county commissioners of each county within the
16-43 regional district. The county planning commission and board of
16-44 county commissioners may authorize such certification by electronic
16-45 means.
16-46 Sec. 8. NRS 278.315 is hereby amended to read as follows:
16-47 278.315 1. The governing body may provide by ordinance for
16-48 the granting of variances, special use permits, conditional use permits
16-49 or other special exceptions by the board of adjustment, the planning
17-1 commission or a hearing examiner appointed pursuant to NRS
17-2 278.262. The governing body may impose this duty entirely on the
17-3 board, commission or examiner, respectively, or provide for the
17-4 granting of enumerated categories of variances, special use permits,
17-5 conditional use permits or special exceptions by the board,
17-6 commission or examiner.
17-7 2. A hearing to consider an application for the granting of a
17-8 variance, special use permit, conditional use permit or special
17-9 exception must be held before the board of adjustment, planning
17-10 commission or hearing examiner within 65 days after the filing of the
17-11 application, unless a longer time or a different process of review is
17-12 provided in an agreement entered into pursuant to NRS 278.0201. A
17-13 notice setting forth the time, place and purpose of the hearing must be
17-14 sent by mail at least 10 days before the hearing to:
17-15 (a) The applicant;
17-16 (b) Each owner of real property located within 300 feet of the
17-17 property in question;
17-18 (c) If a mobile home park is located within 300 feet of the property
17-19 in question, each tenant of that mobile home park; and
17-20 (d) Any advisory board which has been established for the affected
17-21 area by the governing body.
17-22 The notice must be sent by mail or, if requested by a party to whom
17-23 notice must be provided pursuant to paragraphs (a) to (d), inclusive,
17-24 by electronic means if receipt of such an electronic notice can be
17-25 verified, and be written in language which is easy to understand. The
17-26 notice must set forth the time, place and purpose of the hearing and a
17-27 physical description or map of the property in question.
17-28 3. If the application is for the issuance of a special use permit in a
17-29 county whose population is 100,000 or more, the governing body
17-30 shall, to the extent this notice does not duplicate the notice required by
17-31 subsection 2, cause a notice to be sent at least 10 days before the
17-32 hearing to each [owner,] of the owners, as listed on the county
17-33 assessor’s records, of at least the 30 parcels nearest to the property in
17-34 question. The notice must be sent by mail or, if requested by an owner
17-35 to whom notice must be provided, by electronic means if receipt of
17-36 such an electronic notice can be verified, and be written in language
17-37 which is easy to understand. The notice must set forth the time, place
17-38 and purpose of the hearing and a physical description or map of the
17-39 property in question.
17-40 4. If an application is filed with the governing body for the
17-41 issuance of a special use permit with regard to property situated
17-42 within an unincorporated town that is located more than 10 miles
17-43 from an incorporated city, the governing body shall, at least 10 days
17-44 before the hearing on the application is held pursuant to subsection
17-45 2, transmit a copy of any information pertinent to the application to
17-46 the town board, citizens’ advisory council or town advisory board,
17-47 whichever is applicable, of the unincorporated town. The town
17-48 board, citizens’ advisory council or town advisory board may make
17-49 recommendations regarding the application and submit its
18-1 recommendations before the hearing on the application is held
18-2 pursuant to subsection 2. The governing body or other authorized
18-3 person or entity conducting the hearing shall consider any
18-4 recommendations submitted by the town board, citizens’ advisory
18-5 council or town advisory board regarding the application and,
18-6 within 10 days after making its decision on the application, transmit
18-7 a copy of its decision to the town board, citizens’ advisory council or
18-8 town advisory board.
18-9 5. An applicant or a protestant may appeal a decision of the board
18-10 of adjustment, planning commission or hearing examiner in
18-11 accordance with the ordinance adopted pursuant to section 1 of
18-12 Senate Bill No. 554 of this [act.
18-13 5.] session.
18-14 6. In a county whose population is 400,000 or more, if the
18-15 application is for the issuance of a special use permit for an
18-16 establishment which serves alcoholic beverages for consumption on
18-17 or off of the premises as its primary business in a district which is not
18-18 a gaming enterprise district as defined in NRS 463.0158, the
18-19 governing body shall, in addition to sending the notice required
18-20 pursuant to subsection 3, not later than 10 days before the hearing,
18-21 erect or cause to be erected on the property, at least one sign not less
18-22 than 2 feet high and 2 feet wide. The sign must be made of material
18-23 reasonably calculated to withstand the elements for 40 days. The
18-24 governing body must be consistent in its use of colors for the
18-25 background and lettering of the sign. The sign must include the
18-26 following information:
18-27 (a) The existing permitted use and zoning designation of the
18-28 property in question;
18-29 (b) The proposed permitted use of the property in question;
18-30 (c) The date, time and place of the public hearing; and
18-31 (d) A telephone number which may be used by interested persons
18-32 to obtain additional information.
18-33 [6.] 7. A sign required pursuant to subsection [5] 6 is for
18-34 informational purposes only, and must be erected regardless of any
18-35 local ordinance regarding the size, placement or composition of signs
18-36 to the contrary.
18-37 [7.] 8. A governing body may charge an additional fee for each
18-38 application for a special use permit to cover the actual costs resulting
18-39 from the erection of not more than one sign required by subsection
18-40 [5,] 6, if any. The additional fee is not subject to the limitation
18-41 imposed by NRS 354.5989.
18-42 [8.] 9. The governing body shall remove or cause to be removed
18-43 any sign required by subsection [5] 6 within 5 days after the final
18-44 hearing for the application for which the sign was erected. There must
18-45 be no additional charge to the applicant for such removal.
18-46 [9.] 10. The provisions of this section do not apply to an
18-47 application for a conditional use permit filed pursuant to NRS
18-48 278.147.
19-1 Sec. 16.5. Sections 3, 4 and 5 of Assembly Bill No. 553 of this session
19-2 are hereby amended to read as follows:
19-3 Sec. 3. NRS 278.315 is hereby amended to read as follows:
19-4 278.315 1. The governing body may provide by ordinance for
19-5 the granting of variances, special use permits, conditional use permits
19-6 or other special exceptions by the board of adjustment, the planning
19-7 commission or a hearing examiner appointed pursuant to NRS
19-8 278.262. The governing body may impose this duty entirely on the
19-9 board, commission or examiner, respectively, or provide for the
19-10 granting of enumerated categories of variances, special use permits,
19-11 conditional use permits or special exceptions by the board,
19-12 commission or examiner.
19-13 2. A hearing to consider an application for the granting of a
19-14 variance, special use permit, conditional use permit or special
19-15 exception must be held before the board of adjustment, planning
19-16 commission or hearing examiner within 65 days after the filing of the
19-17 application, unless a longer time or a different process of review is
19-18 provided in an agreement entered into pursuant to NRS 278.0201. [A]
19-19 3. In a county whose population is less than 100,000, notice
19-20 setting forth the time, place and purpose of the hearing must be sent
19-21 [by mail] at least 10 days before the hearing to:
19-22 (a) The applicant;
19-23 (b) Each owner of real property , as listed on the county assessor’s
19-24 records, located within 300 feet of the property in question;
19-25 (c) If a mobile home park is located within 300 feet of the property
19-26 in question, each tenant of that mobile home park; and
19-27 (d) Any advisory board which has been established for the affected
19-28 area by the governing body.
19-29 [The notice must be sent by mail or, if requested by a party to whom
19-30 notice must be provided pursuant to paragraphs (a) to (d), inclusive,
19-31 by electronic means if receipt of such an electronic notice can be
19-32 verified, and be written in language which is easy to understand. The
19-33 notice must set forth the time, place and purpose of the hearing and a
19-34 physical description or map of the property in question.
19-35 3. If the application is for the issuance of a special use permit in a
19-36 county whose population is 100,000 or more, the governing body
19-37 shall, to the extent this notice does not duplicate the notice required by
19-38 subsection 2, cause a notice to be sent at least 10 days before the
19-39 hearing to each of the owners, as listed on the county assessor’s
19-40 records, of at least the 30 parcels nearest to the property in question.
19-41 The notice must be sent by mail or, if requested by an owner to whom
19-42 notice must be provided, by electronic means if receipt of such an
19-43 electronic notice can be verified, and be written in language which is
19-44 easy to understand. The notice must set forth the time, place and
19-45 purpose of the hearing and a physical description or map of the
19-46 property in question.]
19-47 4. Except as otherwise provided in subsection 7, in a county
19-48 whose population is 100,000 or more, a notice setting forth the time,
20-1 place and purpose of the hearing must be sent at least 10 days
20-2 before the hearing to:
20-3 (a) The applicant;
20-4 (b) If the application is for a deviation of at least 10 percent but
20-5 not more than 30 percent from a standard for development:
20-6 (1) Each owner, as listed on the county assessor’s records, of
20-7 real property located within 100 feet of the property in question; and
20-8 (2) Each tenant of a mobile home park located within 100 feet
20-9 of the property in question;
20-10 (c) If the application is for a special use permit or a deviation of
20-11 more than 30 percent from a standard for development:
20-12 (1) Each owner, as listed on the county assessor’s records, of
20-13 real property located within 500 feet of the property in question;
20-14 (2) The owner, as listed on the county assessor’s records, of
20-15 each of the 30 separately owned parcels nearest the property in
20-16 question, to the extent this notice does not duplicate the notice given
20-17 pursuant to subparagraph (1); and
20-18 (3) Each tenant of a mobile home park located within 500 feet
20-19 of the property in question;
20-20 (d) If the application is for a change in zoning or a project of
20-21 regional significance, as that term is described in NRS 278.02542:
20-22 (1) Each owner, as listed on the county assessor’s records, of
20-23 real property located within 750 feet of the property in question;
20-24 (2) The owner, as listed on the county assessor’s records, of
20-25 each of the 30 separately owned parcels nearest the property in
20-26 question, to the extent this notice does not duplicate the notice given
20-27 pursuant to subparagraph (1); and
20-28 (3) Each tenant of a mobile home park located within 750 feet
20-29 of the property in question; and
20-30 (e) Any advisory board which has been established for the
20-31 affected area by the governing body.
20-32 5. If an application is filed with the governing body for the
20-33 issuance of a special use permit with regard to property situated
20-34 within an unincorporated town that is located more than 10 miles from
20-35 an incorporated city, the governing body shall, at least 10 days before
20-36 the hearing on the application is held pursuant to subsection 2,
20-37 transmit a copy of any information pertinent to the application to the
20-38 town board, citizens’ advisory council or town advisory board,
20-39 whichever is applicable, of the unincorporated town. The town board,
20-40 citizens’ advisory council or town advisory board may make
20-41 recommendations regarding the application and submit its
20-42 recommendations before the hearing on the application is held
20-43 pursuant to subsection 2. The governing body or other authorized
20-44 person or entity conducting the hearing shall consider any
20-45 recommendations submitted by the town board, citizens’ advisory
20-46 council or town advisory board regarding the application and, within
20-47 10 days after making its decision on the application, transmit a copy
20-48 of its decision to the town board, citizens’ advisory council or town
20-49 advisory board.
21-1 [5.] 6. An applicant or a protestant may appeal a decision of the
21-2 board of adjustment, planning commission or hearing examiner in
21-3 accordance with the ordinance adopted pursuant to section 1 of Senate
21-4 Bill No. 554 of this session.
21-5 [6.] 7. In a county whose population is 400,000 or more, if the
21-6 application is for the issuance of a special use permit for an
21-7 establishment which serves alcoholic beverages for consumption on
21-8 or off of the premises as its primary business in a district which is not
21-9 a gaming enterprise district as defined in NRS 463.0158, the
21-10 governing body shall, [in addition to sending the notice required
21-11 pursuant to subsection 3, not later than] at least 10 days before the
21-12 hearing [, erect] :
21-13 (a) Send a notice setting forth the time, place, and purpose of the
21-14 hearing to:
21-15 (1) The applicant;
21-16 (2) Each owner, as listed on the county assessor’s records, of
21-17 real property located within 1,500 feet of the property in question;
21-18 (3) The owner, as listed on the county assessor’s records, of
21-19 each of the 30 separately owned parcels nearest the property in
21-20 question, to the extent this notice does not duplicate the notice given
21-21 pursuant to subparagraph (2);
21-22 (4) Each tenant of a mobile home park located within 1,500
21-23 feet of the property in question; and
21-24 (5) Any advisory board which has been established for the
21-25 affected area by the governing body; and
21-26 (b) Erect or cause to be erected on the property, at least one sign
21-27 not less than 2 feet high and 2 feet wide. The sign must be made of
21-28 material reasonably calculated to withstand the elements for 40 days.
21-29 The governing body must be consistent in its use of colors for the
21-30 background and lettering of the sign. The sign must include the
21-31 following information:
21-32 [(a)] (1) The existing permitted use and zoning designation of the
21-33 property in question;
21-34 [(b)] (2) The proposed permitted use of the property in question;
21-35 [(c)] (3) The date, time and place of the public hearing; and
21-36 [(d)] (4) A telephone number which may be used by interested
21-37 persons to obtain additional information.
21-38 [7.] 8. A sign required pursuant to subsection[6] 7 is for
21-39 informational purposes only, and must be erected regardless of any
21-40 local ordinance regarding the size, placement or composition of signs
21-41 to the contrary.
21-42 [8.] 9. A governing body may charge an additional fee for each
21-43 application for a special use permit to cover the actual costs resulting
21-44 from the erection of not more than one sign required by subsection
21-45 [6,] 7, if any. The additional fee is not subject to the limitation
21-46 imposed by NRS 354.5989.
21-47 [9.] 10. The governing body shall remove or cause to be removed
21-48 any sign required by subsection[6] 7 within 5 days after the final
22-1 hearing for the application for which the sign was erected. There must
22-2 be no additional charge to the applicant for such removal.
22-3 [10.] 11. The notice required to be provided pursuant to
22-4 subsections 3, 4 and 7 must be sent by mail or, if requested by a
22-5 party to whom notice must be provided pursuant to those
22-6 subsections, by electronic means if receipt of such an electronic
22-7 notice can be verified, and be written in language which is easy to
22-8 understand. The notice must set forth the time, place and purpose of
22-9 the hearing and a physical description or map of the property in
22-10 question.
22-11 12. The provisions of this section do not apply to an application
22-12 for a conditional use permit filed pursuant to NRS 278.147.
22-13 Sec. 4. NRS 278.319 is hereby amended to read as follows:
22-14 278.319 1. The governing body may adopt an ordinance that
22-15 authorizes the director of planning or another person or agency to
22-16 grant [minor deviations] a deviation of less than 10 percent from
22-17 requirements for land use established within a zoning district without
22-18 conducting a hearing. The ordinance must require an applicant for
22-19 such a [minor] deviation to obtain the written consent of the owner of
22-20 any real property that would be affected by the [minor] deviation.
22-21 2. If the director of planning or other authorized person or agency
22-22 grants a deviation in accordance with its authority delegated pursuant
22-23 to subsection 1, the director of planning or other authorized person or
22-24 agency shall ensure that the deviation will not impair the purpose of
22-25 the zoning district or any regulations adopted by the governing body
22-26 pursuant to NRS 278.250.
22-27 3. An applicant or other aggrieved person may appeal the
22-28 decision of the director of planning or other authorized person or
22-29 agency in accordance with the ordinance adopted pursuant to section
22-30 1 of Senate Bill No. 554 of this [act.]session.
22-31 Sec. 5. NRS 278.480 is hereby amended to read as follows:
22-32 278.480 1. Except as otherwise provided in subsection [10,] 11,
22-33 any abutting owner or local government desiring the vacation or
22-34 abandonment of any street or easement owned by a city or a county,
22-35 or any portion thereof, shall file a petition in writing with the planning
22-36 commission or the governing body having jurisdiction.
22-37 2. The governing body may establish by ordinance a procedure by
22-38 which, after compliance with the requirements for notification of
22-39 public hearing set forth in this section, a vacation or abandonment of a
22-40 street or an easement may be approved in conjunction with the
22-41 approval of a tentative map pursuant to NRS 278.349.
22-42 3. [Whenever any street] A government patent easement which is
22-43 no longer required for a public purpose may be vacated by:
22-44 (a) The governing body; or
22-45 (b) The planning commission, hearing examiner or other
22-46 designee, if authorized to take final action by the governing body,
22-47 without conducting a hearing on the vacation if the applicant for the
22-48 vacation obtains the written consent of each owner of property
23-1 abutting the proposed vacation and any utility that is affected by the
23-2 proposed vacation.
23-3 4. Except as otherwise provided in subsection 3, if any right of
23-4 way or easement required for a public purpose that is owned by a
23-5 city or a county is proposed to be vacated, the governing body, or the
23-6 planning commission , [or] hearing examiner or other designee, if
23-7 authorized to take final action by the governing body, shall notify by
23-8 certified mail each owner of property abutting the proposed
23-9 abandonment and cause a notice to be published at least once in a
23-10 newspaper of general circulation in the city or county, setting forth the
23-11 extent of the proposed abandonment and setting a date for public
23-12 hearing, which must be not less than 10 days and not more than 40
23-13 days after the date the notice is first published.
23-14 [4.] 5. Except as provided in subsection [5,] 6, if, upon public
23-15 hearing, the governing body, or the planning commission , [or]
23-16 hearing examiner or other designee, if authorized to take final action
23-17 by the governing body, is satisfied that the public will not be
23-18 materially injured by the proposed vacation, it shall order the street or
23-19 easement vacated. The governing body, or the planning commission ,
23-20 [or] hearing examiner or other designee, if authorized to take final
23-21 action by the governing body, may make the order conditional, and
23-22 the order becomes effective only upon the fulfillment of the
23-23 conditions prescribed. An applicant or other person aggrieved by the
23-24 decision of the planning commission , [or] hearing examiner or other
23-25 designee may appeal the decision in accordance with the ordinance
23-26 adopted pursuant to section 1 of Senate Bill No. 554 of this [act.
23-27 5.] session.
23-28 6. If a utility has an easement over the property, the governing
23-29 body, or the planning commission , [or] hearing examiner or other
23-30 designee, if authorized to take final action by the governing body,
23-31 shall provide in its order for the continuation of that easement.
23-32 [6.] 7. The order must be recorded in the office of the county
23-33 recorder, if all the conditions of the order have been fulfilled, and
23-34 upon the recordation title to the street or easement reverts to the
23-35 abutting property owners in the approximate proportion that the
23-36 property was dedicated by the abutting property owners or their
23-37 predecessors in interest. In the event of a partial vacation of a street
23-38 where the vacated portion is separated from the property from which
23-39 it was acquired by the unvacated portion of it, the governing body
23-40 may sell the vacated portion upon such terms and conditions as it
23-41 deems desirable and in the best interests of the city or county. If the
23-42 governing body sells the vacated portion, it shall afford the right of
23-43 first refusal to each abutting property owner as to that part of the
23-44 vacated portion which abuts his property, but no action may be taken
23-45 by the governing body to force the owner to purchase that portion and
23-46 that portion may not be sold to any person other than the owner if the
23-47 sale would result in a complete loss of access to a street from the
23-48 abutting property.
24-1 [7.] 8. If the street was acquired by dedication from the abutting
24-2 property owners or their predecessors in interest, no payment is
24-3 required for title to the proportionate part of the street reverted to each
24-4 abutting property owner. If the street was not acquired by dedication,
24-5 the governing body may make its order conditional upon payment by
24-6 the abutting property owners for their proportionate part of the street
24-7 of such consideration as the governing body determines to be
24-8 reasonable. If the governing body determines that the vacation has a
24-9 public benefit, it may apply the benefit as an offset against a
24-10 determination of reasonable consideration which did not take into
24-11 account the public benefit.
24-12 [8.] 9. If an easement for light and air owned by a city or a
24-13 county is adjacent to a street vacated pursuant to the provisions of this
24-14 section, the easement is vacated upon the vacation of the street.
24-15 [9.] 10. In any vacation or abandonment of any street owned by a
24-16 city or a county, or any portion thereof, the governing body, or the
24-17 planning commission , [or] hearing examiner or other designee, if
24-18 authorized to take final action by the governing body, may reserve
24-19 and except therefrom all easements, rights or interests therein which
24-20 the governing body, or the planning commission , [or] hearing
24-21 examiner or other designee, if authorized to take final action by the
24-22 governing body, deems desirable for the use of the city, the county or
24-23 any public utility.
24-24 [10.] 11. The governing body may establish by local ordinance a
24-25 simplified procedure for the vacation or abandonment of an easement
24-26 for a public utility owned or controlled by the governing body.
24-27 12. As used in this section, “government patent easement”
24-28 means an easement for a public purpose owned by the governing
24-29 body over land which was conveyed by a patent.
24-30 Sec. 16.7. Assembly Bill No. 553 of this session is hereby amended
24-31 by adding thereto a new section designated sec. 7, following sec. 6, to read
24-32 as follows:
24-33 Sec. 7. 1. This section and sections 1, 2, 4, 5 and 6 of this act
24-34 become effective on October 1, 2001.
24-35 2. Section 3 of this act becomes effective at 12:01 a.m. on
24-36 October 1, 2001.
24-37 Sec. 17. NRS 278.317 is hereby repealed.
24-38 Sec. 18. 1. This section and sections 1 to 9, inclusive, 12, 13 and
24-39 16 to 17, inclusive, of this act become effective on July 1, 2001.
24-40 2. Sections 10 and 14 of this act become effective at 12:01 a.m. on
24-41 July 1, 2001.
24-42 3. Sections 11 and 15 of this act become effective at 12:02 a.m. on
24-43 July 1, 2001.
24-44 TEXT OF REPEALED SECTION
24-45 NRS 278.317 Review by governing body.
25-1 1. The governing body may reserve to itself the power to review
25-2 decisions of the board of adjustment or planning commission, or both, with
25-3 respect to variances, special use permits or other special exceptions, and to
25-4 affirm, modify or reverse any such decision.
25-5 2. In reviewing those decisions, the governing body must be guided by
25-6 the statement of purpose underlying the regulation of land improvement
25-7 expressed in NRS 278.020.
25-8 H