278A.410 - Modification of plan by city or county. - Nevada Statutes

278A.410  Modification of plan by city or county.  All provisions of the plan authorized to be enforced by the city or county may be modified, removed or released by the city or county, except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility, subject to the following conditions:

      1.  No such modification, removal or release of the provisions of the plan by the city or county may affect the rights of the residents of the planned unit residential development to maintain and enforce those provisions.

      2.  No modification, removal or release of the provisions of the plan by the city or county is permitted except upon a finding by the city or county, following a public hearing that it:

      (a) Is consistent with the efficient development and preservation of the entire planned unit development;

      (b) Does not adversely affect either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest; and

      (c) Is not granted solely to confer a private benefit upon any person.

      (Added to NRS by 1973, 571; A 1981, 137)

      NRS 278A.420  Modification by residents.  Residents of the planned unit residential development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action may affect the right of the city or county to enforce the provisions of the plan.

      (Added to NRS by 1973, 571; A 1981, 137)