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.
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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).
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 If a governing body or other entity causes notice of a hearing
1-4 to be provided pursuant to NRS 278.0215, 278.147, 278.260,
1-5 278.315, 278.4789 or 278.480, the governing body or other entity
1-6 shall retain:
1-7 1. A copy of the notice;
1-8 2. A list of the persons or governmental entities to which the
1-9 notice was addressed; and
1-10 3. A record of the date on which the notice was deposited in
1-11 the United States mail, postage prepaid, or, if applicable, sent by
1-12 electronic means.
2-1 Sec. 2. NRS 278.010 is hereby amended to read as follows:
2-2 278.010 As used in NRS 278.010 to 278.630, inclusive, and
2-3 section 1 of this act, unless the context otherwise requires, the
2-4 words and terms defined in NRS 278.0105 to 278.0195, inclusive,
2-5 have the meanings ascribed to them in those sections.
2-6 Sec. 3. NRS 278.260 is hereby amended to read as follows:
2-7 278.260 1. The governing body shall provide for the manner
2-8 in which zoning regulations and restrictions and the boundaries of
2-9 zoning districts are determined, established, enforced and amended.
2-10 2. A zoning regulation, restriction or boundary , or an
2-11 amendment thereto , must not become effective until after
2-12 transmittal of a copy of the relevant application to the town board,
2-13 citizens’ advisory council or town advisory board pursuant to
2-14 subsection 5, if applicable, and after a public hearing at which
2-15 parties in interest and other persons have an opportunity to be heard.
2-16 The governing body shall cause notice of the time and place of the
2-17 hearing to be:
2-18 (a) Published in an official newspaper, or a newspaper of
2-19 general circulation, in the city, county or region; and
2-20 (b) Mailed to each tenant of a mobile home park if that park is
2-21 located within 300 feet of the property in question,at least 10 days
2-22 before the hearing.
2-23 3. If a proposed amendment involves a change in the boundary
2-24 of a zoning district in a county whose population is less than
2-25 [400,000,] 100,000, the governing body shall, to the extent this
2-26 notice does not duplicate the notice required by subsection 2, cause
2-27 a notice of the hearing to be sent at least 10 days before the hearing
2-28 to:
2-29 (a) The applicant;
2-30 (b) Each owner, as listed on the county assessor’s records, of
2-31 real property located within 300 feet of the portion of the boundary
2-32 being changed;
2-33 (c) The owner, as listed on the county assessor’s records, of each
2-34 of the 30 separately owned parcels nearest to the portion of the
2-35 boundary being changed, to the extent this notice does not duplicate
2-36 the notice given pursuant to paragraph (b); and
2-37 (d) Any advisory board which has been established for the
2-38 affected area by the governing body.
2-39 The notice must be sent by mail or, if requested by a party to whom
2-40 notice must be provided pursuant to paragraphs (a) to (d), inclusive,
2-41 by electronic means if receipt of such an electronic notice can be
2-42 verified, and must be written in language which is easy to
2-43 understand. The notice must set forth the time, place and purpose of
2-44 the hearing and a physical description of[,] or a map detailing[,] the
2-45 proposed change, must indicate the existing zoning designation[,]
3-1 and the proposed zoning designation[,] of the property in question,
3-2 and must contain a brief summary of the intent of the proposed
3-3 change. If the proposed amendment involves a change in the
3-4 boundary of the zoning district that would reduce the density or
3-5 intensity with which a parcel of land may be used, the notice must
3-6 include a section that an owner of property may complete and return
3-7 to the governing body to indicate his approval of or opposition to
3-8 the proposed amendment.
3-9 4. If a proposed amendment involves a change in the boundary
3-10 of a zoning district in a county whose population is [400,000]
3-11 100,000 or more, the governing body shall, to the extent this notice
3-12 does not duplicate the notice required by subsection 2, cause a
3-13 notice of the hearing to be sent at least 10 days before the hearing
3-14 to:
3-15 (a) The applicant;
3-16 (b) Each owner, as listed on the county assessor’s records, of
3-17 real property located within [500] 750 feet of the portion of the
3-18 boundary being changed;
3-19 (c) The owner, as listed on the county assessor’s records, of each
3-20 of the 30 separately owned parcels nearest to the portion of the
3-21 boundary being changed, to the extent this notice does not duplicate
3-22 the notice given pursuant to paragraph (b); [and]
3-23 (d) Each tenant of a mobile home park if that park is located
3-24 within 750 feet of the property in question; and
3-25 (e) Any advisory board which has been established for the
3-26 affected area by the governing body.
3-27 The notice must be sent by mail or, if requested by a party to whom
3-28 notice must be provided pursuant to paragraphs (a) to [(d),] (e),
3-29 inclusive, by electronic means if receipt of such an electronic notice
3-30 can be verified, and must be written in language which is easy to
3-31 understand. The notice must set forth the time, place and purpose of
3-32 the hearing and a physical description of[,] or a map detailing[,] the
3-33 proposed change, must indicate the existing zoning designation[,]
3-34 and the proposed zoning designation[,] of the property in question,
3-35 and must contain a brief summary of the intent of the proposed
3-36 change. If the proposed amendment involves a change in the
3-37 boundary of the zoning district that would reduce the density or
3-38 intensity with which a parcel of land may be used, the notice must
3-39 include a section that an owner of property may complete and return
3-40 to the governing body to indicate his approval of or opposition to
3-41 the proposed amendment.
3-42 5. If an application is filed with the governing body and the
3-43 application involves a change in the boundary of a zoning district
3-44 within an unincorporated town that is located more than 10 miles
3-45 from an incorporated city, the governing body shall, at least 10 days
4-1 before the hearing on the application is held pursuant to subsection
4-2 2, transmit a copy of any information pertinent to the application to
4-3 the town board, citizens’ advisory council or town advisory board,
4-4 whichever is applicable, of the unincorporated town. The town
4-5 board, citizens’ advisory council or town advisory board may make
4-6 recommendations regarding the application and submit its
4-7 recommendations before the hearing on the application is held
4-8 pursuant to subsection 2. The governing body or other authorized
4-9 person or entity conducting the hearing shall consider any
4-10 recommendations submitted by the town board, citizens’ advisory
4-11 council or town advisory board regarding the application and, within
4-12 10 days after making its decision on the application, shall transmit a
4-13 copy of its decision to the town board, citizens’ advisory council or
4-14 town advisory board.
4-15 6. [If] In a county whose population is 400,000 or more, if a
4-16 notice is required to be sent pursuant to subsection 4:
4-17 (a) The exterior of a notice sent by mail; or
4-18 (b) The cover sheet, heading or subject line of a notice sent by
4-19 electronic means,
4-20 must bear a statement , in at least 10-point bold type or font , in
4-21 substantially the following form:
4-22 OFFICIAL NOTICE OF PUBLIC HEARING
4-23 7. In addition to sending the notice required pursuant to
4-24 subsection 4, in a county whose population is 400,000 or more, the
4-25 governing body shall, not later than 10 days before the hearing, erect
4-26 or cause to be erected on the property, at least one sign not less than
4-27 2 feet high and 2 feet wide. The sign must be made of material
4-28 reasonably calculated to withstand the elements for 40 days.
4-29 The governing body must be consistent in its use of colors for the
4-30 background and lettering of the sign. The sign must include the
4-31 following information:
4-32 (a) The existing zoning designation of the property in question;
4-33 (b) The proposed zoning designation of the property in question;
4-34 (c) The date, time and place of the public hearing;
4-35 (d) A telephone number which may be used by interested
4-36 persons to obtain additional information; and
4-37 (e) A statement which indicates whether the proposed zoning
4-38 designation of the property in question complies with the
4-39 requirements of the master plan of the city or county in which the
4-40 property is located.
4-41 8. A sign required pursuant to subsection 7 is for informational
4-42 purposes only, and must be erected regardless of any local ordinance
5-1 regarding the size, placement or composition of signs to the
5-2 contrary.
5-3 9. A governing body may charge an additional fee for each
5-4 application to amend an existing zoning regulation, restriction or
5-5 boundary to cover the actual costs resulting from the mailed notice
5-6 required by this section and the erection of not more than one of the
5-7 signs required by subsection 7, if any. The additional fee is not
5-8 subject to the limitation imposed by NRS 354.5989.
5-9 10. The governing body shall remove or cause to be removed
5-10 any sign required by subsection 7 within 5 days after the final
5-11 hearing for the application for which the sign was erected. There
5-12 must be no additional charge to the applicant for such removal.
5-13 11. If a proposed amendment involves a change in the
5-14 boundary of a zoning district in a county whose population is
5-15 400,000 or more that would reduce the density or intensity with
5-16 which a parcel of land may be used and at least 20 percent of the
5-17 property owners to whom notices were sent pursuant to subsection 4
5-18 indicate in their responses opposition to the proposed amendment,
5-19 the governing body shall not approve the proposed amendment
5-20 unless the governing body:
5-21 (a) Considers separately the merits of each aspect of the
5-22 proposed amendment to which the owners expressed opposition;
5-23 and
5-24 (b) Makes a written finding that the public interest and necessity
5-25 will be promoted by approval of the proposed amendment.
5-26 12. The governing body of a county whose population is
5-27 400,000 or more shall not approve a zoning regulation, restriction or
5-28 boundary, or an amendment thereof, that affects any unincorporated
5-29 area of the county that is surrounded completely by the territory of
5-30 an incorporated city without sending a notice to the governing body
5-31 of the city. The governing body of the city, or its designee, must
5-32 submit any recommendations to the governing body of the county
5-33 within 15 days after receiving the notice. The governing body of the
5-34 county shall consider any such recommendations. If the governing
5-35 body of the county does not accept a recommendation, the
5-36 governing body of the county, or its authorized agent, shall specify
5-37 for the record the reasons for its action.
5-38 Sec. 4. NRS 278.315 is hereby amended to read as follows:
5-39 278.315 1. The governing body may provide by ordinance
5-40 for the granting of variances, special use permits, conditional use
5-41 permits or other special exceptions by the board of adjustment, the
5-42 planning commission or a hearing examiner appointed pursuant to
5-43 NRS 278.262. The governing body may impose this duty entirely on
5-44 the board, commission or examiner, respectively, or provide for the
5-45 granting of enumerated categories of variances, special use permits,
6-1 conditional use permits or special exceptions by the board,
6-2 commission or examiner.
6-3 2. A hearing to consider an application for the granting of a
6-4 variance, special use permit, conditional use permit or special
6-5 exception must be held before the board of adjustment, planning
6-6 commission or hearing examiner within 65 days after the filing of
6-7 the application, unless a longer time or a different process of review
6-8 is provided in an agreement entered into pursuant to NRS 278.0201.
6-9 3. In a county whose population is less than 100,000, notice
6-10 setting forth the time, place and purpose of the hearing must be sent
6-11 at least 10 days before the hearing to:
6-12 (a) The applicant;
6-13 (b) Each owner of real property, as listed on the county
6-14 assessor’s records, located within 300 feet of the property in
6-15 question;
6-16 (c) If a mobile home park is located within 300 feet of the
6-17 property in question, each tenant of that mobile home park; and
6-18 (d) Any advisory board which has been established for the
6-19 affected area by the governing body.
6-20 4. Except as otherwise provided in subsection 7, in a county
6-21 whose population is 100,000 or more, a notice setting forth the time,
6-22 place and purpose of the hearing must be sent at least 10 days before
6-23 the hearing to:
6-24 (a) The applicant;
6-25 (b) If the application is for a deviation of at least 10 percent but
6-26 not more than 30 percent from a standard for development:
6-27 (1) Each owner, as listed on the county assessor’s records, of
6-28 real property located within 100 feet of the property in question; and
6-29 (2) Each tenant of a mobile home park located within 100
6-30 feet of the property in question;
6-31 (c) If the application is for a special use permit or a deviation of
6-32 more than 30 percent from a standard for development:
6-33 (1) Each owner, as listed on the county assessor’s records, of
6-34 real property located within 500 feet of the property in question;
6-35 (2) The owner, as listed on the county assessor’s records, of
6-36 each of the 30 separately owned parcels nearest the property in
6-37 question, to the extent this notice does not duplicate the notice given
6-38 pursuant to subparagraph (1); and
6-39 (3) Each tenant of a mobile home park located within 500
6-40 feet of the property in question;
6-41 (d) If the application is for [a change in zoning or] a project of
6-42 regional significance, as that term is described in NRS 278.02542:
6-43 (1) Each owner, as listed on the county assessor’s records, of
6-44 real property located within 750 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 750
7-6 feet of the property in question; and
7-7 (e) Any advisory board which has been established for the
7-8 affected area by the governing body.
7-9 5. If an application is filed with the governing body for the
7-10 issuance of a special use permit with regard to property situated
7-11 within an unincorporated town that is located more than 10 miles
7-12 from an incorporated city, the governing body shall, at least 10 days
7-13 before the hearing on the application is held pursuant to subsection
7-14 2, transmit a copy of any information pertinent to the application to
7-15 the town board, citizens’ advisory council or town advisory board,
7-16 whichever is applicable, of the unincorporated town. The town
7-17 board, citizens’ advisory council or town advisory board may make
7-18 recommendations regarding the application and submit its
7-19 recommendations before the hearing on the application is held
7-20 pursuant to subsection 2. The governing body or other authorized
7-21 person or entity conducting the hearing shall consider any
7-22 recommendations submitted by the town board, citizens’ advisory
7-23 council or town advisory board regarding the application and, within
7-24 10 days after making its decision on the application, shall transmit a
7-25 copy of its decision to the town board, citizens’ advisory council or
7-26 town advisory board.
7-27 6. An applicant or a protestant may appeal a decision of the
7-28 board of adjustment, planning commission or hearing examiner in
7-29 accordance with the ordinance adopted pursuant to NRS 278.3195.
7-30 7. In a county whose population is 400,000 or more, if the
7-31 application is for the issuance of a special use permit for an
7-32 establishment which serves alcoholic beverages for consumption on
7-33 or off of the premises as its primary business in a district which is
7-34 not a gaming enterprise district as defined in NRS 463.0158, the
7-35 governing body shall, at least 10 days before the hearing:
7-36 (a) Send a notice setting forth the time, place and purpose of the
7-37 hearing to:
7-38 (1) The applicant;
7-39 (2) Each owner, as listed on the county assessor’s records, of
7-40 real property located within 1,500 feet of the property in question;
7-41 (3) The owner, as listed on the county assessor’s records, of
7-42 each of the 30 separately owned parcels nearest the property in
7-43 question, to the extent this notice does not duplicate the notice given
7-44 pursuant to subparagraph (2);
8-1 (4) Each tenant of a mobile home park located within 1,500
8-2 feet of the property in question; and
8-3 (5) Any advisory board which has been established for the
8-4 affected area by the governing body; and
8-5 (b) Erect or cause to be erected on the property, at least one sign
8-6 not less than 2 feet high and 2 feet wide. The sign must be made of
8-7 material reasonably calculated to withstand the elements for 40
8-8 days. The governing body must be consistent in its use of colors for
8-9 the background and lettering of the sign. The sign must include the
8-10 following information:
8-11 (1) The existing permitted use and zoning designation of the
8-12 property in question ;
8-13 (2) The proposed permitted use of the property in question;
8-14 (3) The date, time and place of the public hearing; and
8-15 (4) A telephone number which may be used by interested
8-16 persons to obtain additional information.
8-17 8. A sign required pursuant to subsection 7 is for informational
8-18 purposes only, and must be erected regardless of any local ordinance
8-19 regarding the size, placement or composition of signs to the
8-20 contrary.
8-21 9. A governing body may charge an additional fee for each
8-22 application for a special use permit to cover the actual costs
8-23 resulting from the erection of not more than one sign required by
8-24 subsection 7, if any. The additional fee is not subject to the
8-25 limitation imposed by NRS 354.5989.
8-26 10. The governing body shall remove or cause to be removed
8-27 any sign required by subsection 7 within 5 days after the final
8-28 hearing for the application for which the sign was erected. There
8-29 must be no additional charge to the applicant for such removal.
8-30 11. The notice required to be provided pursuant to subsections
8-31 3, 4 and 7 must be sent by mail or, if requested by a party to whom
8-32 notice must be provided pursuant to those subsections, by electronic
8-33 means if receipt of such an electronic notice can be verified, and
8-34 must be written in language which is easy to understand. The notice
8-35 must set forth the time, place and purpose of the hearing and a
8-36 physical description or map of the property in question.
8-37 12. The provisions of this section do not apply to an
8-38 application for a conditional use permit filed pursuant to
8-39 NRS 278.147.
8-40 Sec. 5. NRS 278.360 is hereby amended to read as follows:
8-41 278.360 1. Unless a longer time is provided in an agreement
8-42 entered into pursuant to NRS 278.0201:
8-43 (a) Unless the time is extended, the subdivider shall present to
8-44 the governing body, or the planning commission or the director of
8-45 planning or other authorized person or agency if authorized to take
9-1 final action by the governing body, within 2 years after the approval
9-2 of a tentative map:
9-3 (1) A final map, prepared in accordance with the tentative
9-4 map, for the entire area for which a tentative map has been
9-5 approved; or
9-6 (2) The first of a series of final maps covering a portion of
9-7 the approved tentative map. If the subdivider elects to present a
9-8 successive map in a series of final maps, each covering a portion of
9-9 the approved tentative map, the subdivider shall present to the
9-10 governing body, or the planning commission or the director of
9-11 planning or other authorized person or agency if authorized to take
9-12 final action by the governing body, on or before the anniversary of
9-13 the date on which the subdivider [presented to that entity for
9-14 recordation] recorded the first in the series of final maps:
9-15 (I) A final map, prepared in accordance with the tentative
9-16 map, for the entire area for which the tentative map has been
9-17 approved; or
9-18 (II) The next final map in the series of final maps
9-19 covering a portion of the approved tentative map.
9-20 (b) If the subdivider fails to comply with the provisions of
9-21 paragraph (a), all proceedings concerning the subdivision are
9-22 terminated.
9-23 (c) The governing body or planning commission may grant an
9-24 extension of not more than 1 year for the presentation of any final
9-25 map after the 1-year period for presenting a successive final map has
9-26 expired.
9-27 2. If the subdivider is presenting in a timely manner a series of
9-28 final maps, each covering a portion of the approved tentative map,
9-29 no requirements other than those imposed on each of the final maps
9-30 in the series may be placed on the map when an extension of time is
9-31 granted unless the requirement is directly attributable to a change in
9-32 applicable laws which affect the public health, safety or welfare.
9-33 H