Nevada Code § 278.315

Granting of variances, special and conditional use permits and other special exceptions by board of adjustment, planning commission or hearing examiner; appeal of decision
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1. The governing body may provide by
ordinance for the granting of variances, special use permits, conditional use
permits or other special exceptions by the board of adjustment, the planning
commission or a hearing examiner appointed pursuant to NRS 278.262 . The governing body may impose
this duty entirely on the board, commission or examiner, respectively, or
provide for the granting of enumerated categories of variances, special use
permits, conditional use permits or special exceptions by the board, commission
or examiner.
2. A hearing to consider an application
for the granting of a variance, special use permit, conditional use permit or
special exception must be held before the board of adjustment, planning
commission or hearing examiner within 65 days after the filing of the
application, unless a longer time or a different process of review is provided
in an agreement entered into pursuant to NRS
278.0201 .
3. In a county whose population is less
than 100,000, notice setting forth the time, place and purpose of the hearing
must be sent at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property, as listed on the
county assessors records, located within 300 feet of the property in question;
(c) If a mobile home park is located within 300
feet of the property in question, each tenant of that mobile home park;
(d) Any advisory board which has been established
for the affected area by the governing body; and
(e) If a military installation is located within
3,000 feet of the property in question, the commander of that military
installation.
4. Except as otherwise provided in
subsection 7, in a county whose population is 100,000 or more, a notice setting
forth the time, place and purpose of the hearing must be sent at least 10 days
before the hearing to:
(a) The applicant;
(b) If the application is for a deviation of at
least 10 percent but not more than 30 percent from a standard for development:
(1) Each owner, as listed on the county
assessors records, of real property located within 100 feet of the property in
question; and
(2) Each tenant of a mobile home park
located within 100 feet of the property in question;
(c) If the application is for a special use
permit or a deviation of more than 30 percent from a standard for development:
(1) Each owner, as listed on the county
assessors records, of real property located within 500 feet of the property in
question;
(2) The owner, as listed on the county
assessors records, of each of the 30 separately owned parcels nearest the
property in question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park
located within 500 feet of the property in question;
(d) If the application is for a project of
regional significance, as that term is described in NRS 278.02542 :
(1) Each owner, as listed on the county assessors
records, of real property located within 750 feet of the property in question;
(2) The owner, as listed on the county
assessors records, of each of the 30 separately owned parcels nearest the
property in question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (1); and
(3) Each tenant of a mobile home park
located within 750 feet of the property in question;
(e) Any advisory board which has been established
for the affected area by the governing body; and
(f) If a military installation is located within
3,000 feet of the property in question, the commander of that military
installation.
5. If an application is filed with the
governing body for the issuance of a special use permit with regard to property
situated within an unincorporated town that is located more than 10 miles from
an incorporated city, the governing body shall, at least 10 days before the
hearing on the application is held pursuant to subsection 2, transmit a copy of
any information pertinent to the application to the town board, citizens
advisory council or town advisory board, whichever is applicable, of the
unincorporated town. The town board, citizens advisory council or town
advisory board may make recommendations regarding the application and submit
its recommendations before the hearing on the application is held pursuant to
subsection 2. The governing body or other authorized person or entity
conducting the hearing shall consider any recommendations submitted by the town
board, citizens advisory council or town advisory board regarding the
application and, within 10 days after making its decision on the application,
shall transmit a copy of its decision to the town board, citizens advisory
council or town advisory board.
6. An applicant or a protestant may appeal
a decision of the board of adjustment, planning commission or hearing examiner
in accordance with the ordinance adopted pursuant to NRS 278.3195 .
7. In a county whose population is 700,000
or more, if the application is for the issuance of a special use permit for an
establishment which serves alcoholic beverages for consumption on or off of the
premises as its primary business in a district which is not a gaming enterprise
district as defined in NRS 463.0158 ,
the governing body shall, at least 10 days before the hearing:
(a) Send a notice setting forth the time, place
and purpose of the hearing to:
(1) The applicant;
(2) Each owner, as listed on the county
assessors records, of real property located within 1,500 feet of the property
in question;
(3) The owner, as listed on the county
assessors records, of each of the 30 separately owned parcels nearest the
property in question, to the extent this notice does not duplicate the notice
given pursuant to subparagraph (2);
(4) Each tenant of a mobile home park
located within 1,500 feet of the property in question;
(5) Any advisory board which has been
established for the affected area by the governing body; and
(6) If a military installation is located
within 3,000 feet of the property in question, the commander of that military
installation; and
(b) Erect or cause to be erected on the property,
at least one sign not less than 2 feet high and 2 feet wide. The sign must be
made of material reasonably calculated to withstand the elements for 40 days.
The governing body must be consistent in its use of colors for the background
and lettering of the sign. The sign must include the following information:
(1) The existing permitted use and zoning
designation of the property in question;
(2) The proposed permitted use of the
property in question;
(3) The date, time and place of the public
hearing; and
(4) A telephone number which may be used
by interested persons to obtain additional information.
8. A sign required pursuant to subsection
7 is for informational purposes only and must be erected regardless of any
local ordinance regarding the size, placement or composition of signs to the
contrary.
9. A governing body may charge an
additional fee for each application for a special use permit to cover the
actual costs resulting from the erection of not more than one sign required by
subsection 7, if any. The additional fee is not subject to the limitation imposed
by NRS 354.5989 .
10. The governing body shall remove or
cause to be removed any sign required by subsection 7 within 5 days after the
final hearing for the application for which the sign was erected. There must be
no additional charge to the applicant for such removal.
11. The notice required to be provided
pursuant to subsections 3, 4 and 7 must be sent by mail or, if requested by a
party to whom notice must be provided pursuant to those subsections, by
electronic means if receipt of such an electronic notice can be verified, and
must be written in language which is easy to understand. The notice must set
forth the time, place and purpose of the hearing and a physical description or
map of the property in question.
12. The provisions of this section do not
apply to an application for a conditional use permit filed pursuant to NRS 278.147 .

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