Nevada § 278.0215 - Nonconforming outdoor advertising structures: City or county to pay just compensation or authorize relocation if it requires removal or prohibits routine maintenance; exceptions; required removal of structure pursuant to amortization schedule prohibited; public hearing required in certain circumstances; appeal of amount of just compensation

§ 278.0215. Nonconforming outdoor advertising structures: City or county to pay just compensation or authorize relocation if it requires removal or prohibits routine maintenance; exceptions; required removal of structure pursuant to amortization schedule prohibited; public hearing required in certain circumstances; appeal of amount of just compensation

1. If a city or county, through the adoption, operation or enforcement of any ordinance

or code, requires the removal of a nonconforming outdoor advertising structure, the

city or county shall: (a) Pay just compensation for the loss of the nonconforming outdoor advertising structure

to the owner of the nonconforming outdoor advertising structure and to the owner of

the real property upon which the nonconforming outdoor advertising structure is located;

or (b) Authorize the owner of the nonconforming outdoor advertising structure to relocate

that structure to a site which is determined to be a comparable site by the owner

of the nonconforming outdoor advertising structure and which is approved by the city

or county as an appropriate site for the structure. 2. If a city or county prohibits the owner of a nonconforming outdoor advertising

structure from engaging in routine maintenance of the nonconforming outdoor advertising

structure, the city or county shall provide just compensation or authorize a comparable

alternative location for the nonconforming outdoor advertising structure in the same

manner as if the city or county had required the removal of the nonconforming outdoor

advertising structure pursuant to subsection 1. 3. A city or county shall not require the removal of a nonconforming outdoor advertising

structure to occur pursuant to an amortization schedule, regardless of the length

of the period set forth in the amortization schedule. 4. The requirements of subsection 1 do not apply to a nonconforming outdoor advertising

structure that is: (a) Required to be removed as a result of the owner of the real property upon which

the nonconforming outdoor advertising structure is located terminating the lease that

governs the placement of the nonconforming outdoor advertising structure on that property

pursuant to the terms of that lease; or (b) Destroyed or damaged in excess of 50 percent of its material structural value

as a result of a natural disaster, including, without limitation, a fire, flood, earthquake,

windstorm, rainstorm and snowstorm. 5. A city or county shall not require the removal of a nonconforming outdoor advertising

structure as a condition to the development or redevelopment of the property upon

which the nonconforming outdoor advertising structure is located without first holding

a public hearing at which the owner of the nonconforming outdoor advertising structure

has an opportunity to be heard. The requirements of subsection 1 do not apply if, after the public hearing required

by this subsection, a city or county requires the removal of the nonconforming outdoor

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

real property upon which the nonconforming outdoor advertising structure is located

disagrees with the amount of just compensation the city or county determines should

be paid to the owner, the owner may appeal the determination to a court of competent

jurisdiction. In determining the amount of just compensation that should be paid to an owner pursuant

to subsection 1, the court shall consider: (a) The uniqueness of the location of the property upon which the nonconforming outdoor

advertising structure is erected; (b) Whether the nonconforming outdoor advertising structure can be relocated to a

comparable site; (c) The amount of income generated by the nonconforming outdoor advertising structure;

and (d) The length of time remaining on any applicable term of a lease governing the nonconforming

outdoor advertising structure. 7. As used in this section: (a) “ Amortization schedule ” means an extended period over which a person is required to remove a nonconforming

outdoor advertising structure. (b) “ Just compensation ” means the most probable price that a nonconforming outdoor advertising structure

would bring in a competitive and open market under the conditions of a fair sale,

without the price being affected by undue stimulus. (c) “ Material structural value ” means the cost of labor and materials necessary to erect an outdoor advertising

structure. The term does not include any revenue or expenses related to the lease of real property

upon which the outdoor advertising structure is located. (d) “ Nonconforming outdoor advertising structure ” means an outdoor advertising structure which is constructed or erected in conformance

with all applicable local ordinances and codes in effect on the date a building permit

is issued for the outdoor advertising structure and which does not conform subsequently

because of a change to the local ordinances or codes. The term does not include an outdoor advertising structure that is authorized by

a special use permit, conditional use permit, variance, waiver, condition of zoning

or other approval for the use of land if, when the special use permit, conditional

use permit, variance, waiver, condition of zoning or other approval for the use of

land was first approved, the special use permit, conditional use permit, variance,

waiver, condition of zoning or other approval for the use of land was limited by a

specific condition which allowed or required the governing body of the city or county

to conduct a review of the structure. (e) “ Outdoor advertising structure ” means any sign, display, billboard or other device that is designed, intended or

used to advertise or inform readers about services rendered or goods produced or sold

on property other than the property upon which the sign, display, billboard or other

device is erected. (f) “ Routine maintenance ” means normal repair and upkeep of the structural integrity and appearance of a nonconforming

outdoor advertising structure. The term does not include any increase in the size or height of the structure or

any addition or enhancement to the structure that increases the visual effect of the

structure or increases the impact on the use of the land in the area around the structure.