278.265 - Hearing examiners: Notice and hearing; duties and powers; final action on certain matters; appeal of final action.

278.265  Hearing examiners: Notice and hearing; duties and powers; final action on certain matters; appeal of final action.

      1.  Any ordinance enacted pursuant to the provisions of NRS 278.264 must provide, in substance, the same notice of hearing and conduct of hearing safeguards required by NRS 278.315 or 278.480, whichever is applicable.

      2.  The governing body shall, by ordinance, set forth the duties and powers of the hearing examiner, including a statement of whether the hearing examiner may take final action on any matter assigned to the hearing examiner by the governing body.

      3.  Except as otherwise provided in subsection 4, the governing body may authorize the hearing examiner to take final action on matters relating to a variance, vacation, abandonment, special use permit, conditional use permit and other special exception or application specified in the ordinance.

      4.  The governing body shall not authorize the hearing examiner to take final action on:

      (a) Matters relating to a zoning classification, zoning district or an amendment to a zoning boundary.

      (b) An application for a conditional use permit that is filed pursuant to NRS 278.147.

      5.  An applicant or protestant may appeal any final action taken by the hearing examiner in accordance with the ordinance adopted pursuant to NRS 278.3195.

      (Added to NRS by 1973, 338; A 1995, 453; 1997, 2422; 1999, 1137; 2001, 2805)