Bill would require disclosure of zoning rules to home buyers

CARSON CITY - A bill requiring home sellers to disclose zoning rules that might lead to major neighborhood changes has won an endorsement from the Assembly Judiciary Committee.

SB121 modifies existing law, passed during the 1997 legislative session, limiting casinos to certain areas and keeping new ones from setting up shop near homes, schools and churches.

The 1997 law requires notice to residents when a casino developer tries to build near homes, churches or schools. It also says local governments can approve clubs only if it's proven that they won't adversely affect neighborhood life.

But Las Vegas city officials told Judiciary members Friday that home buyers aren't getting the proper notification because zoning rules are subject to change based on the area's master use plan.

"Purchasers don't know that the zoning can change," said Steve George, a deputy city attorney for Las Vegas.

Often home buyers will call the city before purchasing a house to find out what kind of development is allowed and they will be told about the current zoning rules, George said.

But they aren't given information about what the eventual zoning changes in store for that area are, he added.

"We're growing very rapidly. When people come in, they don't realize that there may be a mall coming in or a casino on the way," said Doug Dickerson, a lobbyist for the city of Las Vegas.

The bill requires that purchasers be given a map showing where current and future casinos are allowed and be told how to find up-to-the-minute information about casino zoning rules.

It also requires that notices of proposed zoning changes be written in language average home owners can understand - not the bureaucratic jargon common to city offices.

Assemblywoman Sharron Angle, R-Reno, worried that the changes would only apply to Las Vegas.

"I would like this to apply to Washoe County. The main complaint I get are 'We didn't know this would go right next to us' and the developer says 'You should've known it's in the plan,"' she said.

But Assemblywoman Barbara Buckley, D-Las Vegas, said "I believe in Wahoe County they pre-zone. In Clark everything is in a holding pattern where next week the land use plan says 'Yeah, we can put a casino there and, boom, it goes in next week."

Assemblyman Greg Brower, R-Reno, questioned whether it's fair to put the responsibility on sellers to disclose public information that is readily available to any citizen.

But George said the law is not so harsh because, as interpreted so far, it only applies to new homes. He said the disclosure burden has fallen mainly on large developers who are more able to handle the requirements.

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