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. 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. 2. Except as otherwise provided in subsection 3, 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 the modification, removal or release:

   1. (a) Does not adversely affect either the enjoyment of land within, abutting upon or across a street from the planned unit development or the public interest; and
   2. (b) Is not granted solely to confer a private benefit upon any person.

3. 3. A city or county may approve a modification, removal or release of the provisions of a plan without a public hearing upon application by or on behalf of a landowner to modify, remove or release the provisions of the plan if:

   1. (a) The plan does not include any residential development;
   2. (b) The modification, removal or release does not propose to add any new residential development; and

   3. (c) The city or county determines that such modification, removal or release:

      1. (1) Is minor in nature, as defined in the ordinance;
      2. (2) Substantially complies with the plan; and
      3. (3) Does not require the vacation or abandonment of any street, public sidewalk, pedestrian right of way or drainage easement.

(Added to NRS by 1973, 571; A 1981, 137; 2021, 1033)