Senate Bill No. 176–Committee on Government Affairs

 

(On Behalf of Washoe County)

 

February 20, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding planning and zoning. (BDR 22‑583)

 

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 land use planning; requiring the preparation of an affidavit to certify that notice of certain hearings has been provided to the required persons and governmental entities; making such an affidavit a public record; revising the requirements governing notice of a hearing regarding the amendment to a zoning boundary; revising the date by which a subdivider must present successive maps in a series of final maps; 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

1-2  thereto a new section to read as follows:

1-3  1.  If a governing body or other entity causes notice of a

1-4  hearing to be provided pursuant to NRS 278.0215, 278.147,

1-5  278.260, 278.315, 278.4789 or 278.480, the person designated by

1-6  the governing body or other entity to give the notice on behalf of

1-7  the governing body or other entity shall within 24 hours after the

1-8  notice has been provided, prepare and sign an affidavit which

1-9  states that the notice has been provided in the manner required by

1-10  the applicable statute.

2-1  2.  The affidavit required pursuant to subsection 1 must

2-2  contain:

2-3  (a) The date on which the notice was provided;

2-4  (b) A copy of the notice; and

2-5  (c) A list of the persons or governmental entities to which the

2-6  notice was provided.

2-7  3.  The affidavit must be based on the personal knowledge of

2-8  the affiant, and not upon information and belief that the notice

2-9  has been provided.

2-10      4.  An affidavit prepared pursuant to this section is a public

2-11  record and is open to inspection pursuant to NRS 239.010.

2-12      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-13      278.010  As used in NRS 278.010 to 278.630, inclusive, and

2-14  section 1 of this act, unless the context otherwise requires, the

2-15  words and terms defined in NRS 278.0105 to 278.0195, inclusive,

2-16  have the meanings ascribed to them in those sections.

2-17      Sec. 3.  NRS 278.260 is hereby amended to read as follows:

2-18      278.260  1.  The governing body shall provide for the manner

2-19  in which zoning regulations and restrictions and the boundaries of

2-20  zoning districts are determined, established, enforced and amended.

2-21      2.  A zoning regulation, restriction or boundary , or an

2-22  amendment thereto , must not become effective until after

2-23  transmittal of a copy of the relevant application to the town board,

2-24  citizens’ advisory council or town advisory board pursuant to

2-25  subsection 5, if applicable, and after a public hearing at which

2-26  parties in interest and other persons have an opportunity to be heard.

2-27  The governing body shall cause notice of the time and place of the

2-28  hearing to be:

2-29      (a) Published in an official newspaper, or a newspaper of

2-30  general circulation, in the city, county or region; and

2-31      (b) Mailed to each tenant of a mobile home park if that park is

2-32  located within 300 feet of the property in question,at least 10 days

2-33  before the hearing.

2-34      3.  If a proposed amendment involves a change in the boundary

2-35  of a zoning district in a county whose population is less than

2-36  [400,000,] 100,000, the governing body shall, to the extent this

2-37  notice does not duplicate the notice required by subsection 2, cause

2-38  a notice of the hearing to be sent at least 10 days before the hearing

2-39  to:

2-40      (a) The applicant;

2-41      (b) Each owner, as listed on the county assessor’s records, of

2-42  real property located within 300 feet of the portion of the boundary

2-43  being changed;

2-44      (c) The owner, as listed on the county assessor’s records, of each

2-45  of the 30 separately owned parcels nearest to the portion of the

3-1  boundary being changed, to the extent this notice does not duplicate

3-2  the notice given pursuant to paragraph (b); and

3-3  (d) Any advisory board which has been established for the

3-4  affected area by the governing body.

3-5  The notice must be sent by mail or, if requested by a party to whom

3-6  notice must be provided pursuant to paragraphs (a) to (d), inclusive,

3-7  by electronic means if receipt of such an electronic notice can be

3-8  verified, and must be written in language which is easy to

3-9  understand. The notice must set forth the time, place and purpose of

3-10  the hearing and a physical description of[,] or a map detailing[,] the

3-11  proposed change, must indicate the existing zoning designation[,]

3-12  and the proposed zoning designation[,] of the property in question,

3-13  and must contain a brief summary of the intent of the proposed

3-14  change. If the proposed amendment involves a change in the

3-15  boundary of the zoning district that would reduce the density or

3-16  intensity with which a parcel of land may be used, the notice must

3-17  include a section that an owner of property may complete and return

3-18  to the governing body to indicate his approval of or opposition to

3-19  the proposed amendment.

3-20      4.  If a proposed amendment involves a change in the boundary

3-21  of a zoning district in a county whose population is [400,000]

3-22  100,000 or more, the governing body shall, to the extent this notice

3-23  does not duplicate the notice required by subsection 2, cause a

3-24  notice of the hearing to be sent at least 10 days before the hearing

3-25  to:

3-26      (a) The applicant;

3-27      (b) Each owner, as listed on the county assessor’s records, of

3-28  real property located within [500] 750 feet of the portion of the

3-29  boundary being changed;

3-30      (c) The owner, as listed on the county assessor’s records, of each

3-31  of the 30 separately owned parcels nearest to the portion of the

3-32  boundary being changed, to the extent this notice does not duplicate

3-33  the notice given pursuant to paragraph (b); [and]

3-34      (d) Each tenant of a mobile home park if that park is located

3-35  within 750 feet of the property in question; and

3-36      (e) Any advisory board which has been established for the

3-37  affected area by the governing body.

3-38  The notice must be sent by mail or, if requested by a party to whom

3-39  notice must be provided pursuant to paragraphs (a) to [(d),] (e),

3-40  inclusive, by electronic means if receipt of such an electronic notice

3-41  can be verified, and must be written in language which is easy to

3-42  understand. The notice must set forth the time, place and purpose of

3-43  the hearing and a physical description of[,] or a map detailing[,] the

3-44  proposed change, must indicate the existing zoning designation[,]

3-45  and the proposed zoning designation[,] of the property in question,

4-1  and must contain a brief summary of the intent of the proposed

4-2  change. If the proposed amendment involves a change in the

4-3  boundary of the zoning district that would reduce the density or

4-4  intensity with which a parcel of land may be used, the notice must

4-5  include a section that an owner of property may complete and return

4-6  to the governing body to indicate his approval of or opposition to

4-7  the proposed amendment.

4-8  5.  If an application is filed with the governing body and the

4-9  application involves a change in the boundary of a zoning district

4-10  within an unincorporated town that is located more than 10 miles

4-11  from an incorporated city, the governing body shall, at least 10 days

4-12  before the hearing on the application is held pursuant to subsection

4-13  2, transmit a copy of any information pertinent to the application to

4-14  the town board, citizens’ advisory council or town advisory board,

4-15  whichever is applicable, of the unincorporated town. The town

4-16  board, citizens’ advisory council or town advisory board may make

4-17  recommendations regarding the application and submit its

4-18  recommendations before the hearing on the application is held

4-19  pursuant to subsection 2. The governing body or other authorized

4-20  person or entity conducting the hearing shall consider any

4-21  recommendations submitted by the town board, citizens’ advisory

4-22  council or town advisory board regarding the application and, within

4-23  10 days after making its decision on the application, shall transmit a

4-24  copy of its decision to the town board, citizens’ advisory council or

4-25  town advisory board.

4-26      6.  [If] In a county whose population is 400,000 or more, if a

4-27  notice is required to be sent pursuant to subsection 4:

4-28      (a) The exterior of a notice sent by mail; or

4-29      (b) The cover sheet, heading or subject line of a notice sent by

4-30  electronic means,

4-31  must bear a statement , in at least 10-point bold type or font , in

4-32  substantially the following form:

 

4-33  OFFICIAL NOTICE OF PUBLIC HEARING

 

4-34      7.  In addition to sending the notice required pursuant to

4-35  subsection 4, in a county whose population is 400,000 or more, the

4-36  governing body shall, not later than 10 days before the hearing, erect

4-37  or cause to be erected on the property, at least one sign not less than

4-38  2 feet high and 2 feet wide. The sign must be made of material

4-39  reasonably calculated to withstand the elements for 40 days.

4-40  The governing body must be consistent in its use of colors for the

4-41  background and lettering of the sign. The sign must include the

4-42  following information:

4-43      (a) The existing zoning designation of the property in question;

5-1  (b) The proposed zoning designation of the property in question;

5-2  (c) The date, time and place of the public hearing;

5-3  (d) A telephone number which may be used by interested

5-4  persons to obtain additional information; and

5-5  (e) A statement which indicates whether the proposed zoning

5-6  designation of the property in question complies with the

5-7  requirements of the master plan of the city or county in which the

5-8  property is located.

5-9  8.  A sign required pursuant to subsection 7 is for informational

5-10  purposes only, and must be erected regardless of any local ordinance

5-11  regarding the size, placement or composition of signs to the

5-12  contrary.

5-13      9.  A governing body may charge an additional fee for each

5-14  application to amend an existing zoning regulation, restriction or

5-15  boundary to cover the actual costs resulting from the mailed notice

5-16  required by this section and the erection of not more than one of the

5-17  signs required by subsection 7, if any. The additional fee is not

5-18  subject to the limitation imposed by NRS 354.5989.

5-19      10.  The governing body shall remove or cause to be removed

5-20  any sign required by subsection 7 within 5 days after the final

5-21  hearing for the application for which the sign was erected. There

5-22  must be no additional charge to the applicant for such removal.

5-23      11.  If a proposed amendment involves a change in the

5-24  boundary of a zoning district in a county whose population is

5-25  400,000 or more that would reduce the density or intensity with

5-26  which a parcel of land may be used and at least 20 percent of the

5-27  property owners to whom notices were sent pursuant to subsection 4

5-28  indicate in their responses opposition to the proposed amendment,

5-29  the governing body shall not approve the proposed amendment

5-30  unless the governing body:

5-31      (a) Considers separately the merits of each aspect of the

5-32  proposed amendment to which the owners expressed opposition;

5-33  and

5-34      (b) Makes a written finding that the public interest and necessity

5-35  will be promoted by approval of the proposed amendment.

5-36      12.  The governing body of a county whose population is

5-37  400,000 or more shall not approve a zoning regulation, restriction or

5-38  boundary, or an amendment thereof, that affects any unincorporated

5-39  area of the county that is surrounded completely by the territory of

5-40  an incorporated city without sending a notice to the governing body

5-41  of the city. The governing body of the city, or its designee, must

5-42  submit any recommendations to the governing body of the county

5-43  within 15 days after receiving the notice. The governing body of the

5-44  county shall consider any such recommendations. If the governing

5-45  body of the county does not accept a recommendation, the

6-1  governing body of the county, or its authorized agent, shall specify

6-2  for the record the reasons for its action.

6-3  Sec. 4.  NRS 278.315 is hereby amended to read as follows:

6-4  278.315  1.  The governing body may provide by ordinance

6-5  for the granting of variances, special use permits, conditional use

6-6  permits or other special exceptions by the board of adjustment, the

6-7  planning commission or a hearing examiner appointed pursuant to

6-8  NRS 278.262. The governing body may impose this duty entirely on

6-9  the board, commission or examiner, respectively, or provide for the

6-10  granting of enumerated categories of variances, special use permits,

6-11  conditional use permits or special exceptions by the board,

6-12  commission or examiner.

6-13      2.  A hearing to consider an application for the granting of a

6-14  variance, special use permit, conditional use permit or special

6-15  exception must be held before the board of adjustment, planning

6-16  commission or hearing examiner within 65 days after the filing of

6-17  the application, unless a longer time or a different process of review

6-18  is provided in an agreement entered into pursuant to NRS 278.0201.

6-19      3.  In a county whose population is less than 100,000, notice

6-20  setting forth the time, place and purpose of the hearing must be sent

6-21  at least 10 days before the hearing to:

6-22      (a) The applicant;

6-23      (b) Each owner of real property, as listed on the county

6-24  assessor’s records, located within 300 feet of the property in

6-25  question;

6-26      (c) If a mobile home park is located within 300 feet of the

6-27  property in question, each tenant of that mobile home park; and

6-28      (d) Any advisory board which has been established for the

6-29  affected area by the governing body.

6-30      4.  Except as otherwise provided in subsection 7, in a county

6-31  whose population is 100,000 or more, a notice setting forth the time,

6-32  place and purpose of the hearing must be sent at least 10 days before

6-33  the hearing to:

6-34      (a) The applicant;

6-35      (b) If the application is for a deviation of at least 10 percent but

6-36  not more than 30 percent from a standard for development:

6-37          (1) Each owner, as listed on the county assessor’s records, of

6-38  real property located within 100 feet of the property in question; and

6-39          (2) Each tenant of a mobile home park located within 100

6-40  feet of the property in question;

6-41      (c) If the application is for a special use permit or a deviation of

6-42  more than 30 percent from a standard for development:

6-43          (1) Each owner, as listed on the county assessor’s records, of

6-44  real property located within 500 feet of the property in question;

7-1       (2) The owner, as listed on the county assessor’s records, of

7-2  each of the 30 separately owned parcels nearest the property in

7-3  question, to the extent this notice does not duplicate the notice given

7-4  pursuant to subparagraph (1); and

7-5       (3) Each tenant of a mobile home park located within 500

7-6  feet of the property in question;

7-7  (d) If the application is for [a change in zoning or] a project of

7-8  regional significance, as that term is described in NRS 278.02542:

7-9       (1) Each owner, as listed on the county assessor’s records, of

7-10  real property located within 750 feet of the property in question;

7-11          (2) The owner, as listed on the county assessor’s records, of

7-12  each of the 30 separately owned parcels nearest the property in

7-13  question, to the extent this notice does not duplicate the notice given

7-14  pursuant to subparagraph (1); and

7-15          (3) Each tenant of a mobile home park located within 750

7-16  feet of the property in question; and

7-17      (e) Any advisory board which has been established for the

7-18  affected area by the governing body.

7-19      5.  If an application is filed with the governing body for the

7-20  issuance of a special use permit with regard to property situated

7-21  within an unincorporated town that is located more than 10 miles

7-22  from an incorporated city, the governing body shall, at least 10 days

7-23  before the hearing on the application is held pursuant to subsection

7-24  2, transmit a copy of any information pertinent to the application to

7-25  the town board, citizens’ advisory council or town advisory board,

7-26  whichever is applicable, of the unincorporated town. The town

7-27  board, citizens’ advisory council or town advisory board may make

7-28  recommendations regarding the application and submit its

7-29  recommendations before the hearing on the application is held

7-30  pursuant to subsection 2. The governing body or other authorized

7-31  person or entity conducting the hearing shall consider any

7-32  recommendations submitted by the town board, citizens’ advisory

7-33  council or town advisory board regarding the application and, within

7-34  10 days after making its decision on the application, shall transmit a

7-35  copy of its decision to the town board, citizens’ advisory council or

7-36  town advisory board.

7-37      6.  An applicant or a protestant may appeal a decision of the

7-38  board of adjustment, planning commission or hearing examiner in

7-39  accordance with the ordinance adopted pursuant to NRS 278.3195.

7-40      7.  In a county whose population is 400,000 or more, if the

7-41  application is for the issuance of a special use permit for an

7-42  establishment which serves alcoholic beverages for consumption on

7-43  or off of the premises as its primary business in a district which is

7-44  not a gaming enterprise district as defined in NRS 463.0158, the

7-45  governing body shall, at least 10 days before the hearing:

8-1  (a) Send a notice setting forth the time, place and purpose of the

8-2  hearing to:

8-3       (1) The applicant;

8-4       (2) Each owner, as listed on the county assessor’s records, of

8-5  real property located within 1,500 feet of the property in question;

8-6       (3) The owner, as listed on the county assessor’s records, of

8-7  each of the 30 separately owned parcels nearest the property in

8-8  question, to the extent this notice does not duplicate the notice given

8-9  pursuant to subparagraph (2);

8-10          (4) Each tenant of a mobile home park located within 1,500

8-11  feet of the property in question; and

8-12          (5) Any advisory board which has been established for the

8-13  affected area by the governing body; and

8-14      (b) Erect or cause to be erected on the property, at least one sign

8-15  not less than 2 feet high and 2 feet wide. The sign must be made of

8-16  material reasonably calculated to withstand the elements for 40

8-17  days. The governing body must be consistent in its use of colors for

8-18  the background and lettering of the sign. The sign must include the

8-19  following information:

8-20          (1) The existing permitted use and zoning designation of the

8-21  property in question ;

8-22          (2) The proposed permitted use of the property in question;

8-23          (3) The date, time and place of the public hearing; and

8-24          (4) A telephone number which may be used by interested

8-25  persons to obtain additional information.

8-26      8.  A sign required pursuant to subsection 7 is for informational

8-27  purposes only, and must be erected regardless of any local ordinance

8-28  regarding the size, placement or composition of signs to the

8-29  contrary.

8-30      9.  A governing body may charge an additional fee for each

8-31  application for a special use permit to cover the actual costs

8-32  resulting from the erection of not more than one sign required by

8-33  subsection 7, if any. The additional fee is not subject to the

8-34  limitation imposed by NRS 354.5989.

8-35      10.  The governing body shall remove or cause to be removed

8-36  any sign required by subsection 7 within 5 days after the final

8-37  hearing for the application for which the sign was erected. There

8-38  must be no additional charge to the applicant for such removal.

8-39      11.  The notice required to be provided pursuant to subsections

8-40  3, 4 and 7 must be sent by mail or, if requested by a party to whom

8-41  notice must be provided pursuant to those subsections, by electronic

8-42  means if receipt of such an electronic notice can be verified, and

8-43  must be written in language which is easy to understand. The notice

8-44  must set forth the time, place and purpose of the hearing and a

8-45  physical description or map of the property in question.

9-1  12.  The provisions of this section do not apply to an

9-2  application for a conditional use permit filed pursuant to

9-3  NRS 278.147.

9-4  Sec. 5.  NRS 278.360 is hereby amended to read as follows:

9-5  278.360  1.  Unless a longer time is provided in an agreement

9-6  entered into pursuant to NRS 278.0201:

9-7  (a) Unless the time is extended, the subdivider shall present to

9-8  the governing body, or the planning commission or the director of

9-9  planning or other authorized person or agency if authorized to take

9-10  final action by the governing body, within 2 years after the approval

9-11  of a tentative map:

9-12          (1) A final map, prepared in accordance with the tentative

9-13  map, for the entire area for which a tentative map has been

9-14  approved; or

9-15          (2) The first of a series of final maps covering a portion of

9-16  the approved tentative map. If the subdivider elects to present a

9-17  successive map in a series of final maps, each covering a portion of

9-18  the approved tentative map, the subdivider shall present to the

9-19  governing body, or the planning commission or the director of

9-20  planning or other authorized person or agency if authorized to take

9-21  final action by the governing body, on or before the anniversary of

9-22  the date on which the subdivider [presented to that entity for

9-23  recordation] recorded the first in the series of final maps:

9-24             (I) A final map, prepared in accordance with the tentative

9-25  map, for the entire area for which the tentative map has been

9-26  approved; or

9-27             (II) The next final map in the series of final maps

9-28  covering a portion of the approved tentative map.

9-29      (b) If the subdivider fails to comply with the provisions of

9-30  paragraph (a), all proceedings concerning the subdivision are

9-31  terminated.

9-32      (c) The governing body or planning commission may grant an

9-33  extension of not more than 1 year for the presentation of any final

9-34  map after the 1-year period for presenting a successive final map has

9-35  expired.

9-36      2.  If the subdivider is presenting in a timely manner a series of

9-37  final maps, each covering a portion of the approved tentative map,

9-38  no requirements other than those imposed on each of the final maps

9-39  in the series may be placed on the map when an extension of time is

9-40  granted unless the requirement is directly attributable to a change in

9-41  applicable laws which affect the public health, safety or welfare.

 

9-42  H