Amendment No. 549

Assembly Amendment to Assembly Bill No. 349 (BDR 22-1339)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 2, by deleting lines 13 through 15 and inserting:

"(c) To be mailed to each owner, as listed on the county assessor’s records, of real property located:

(1) Within 1,000 feet of the portion of the boundary line being changed, if the property is located in a county whose population is 400,000 or more; or

(2) Within 500 feet of the portion of the boundary line being changed, if the property is located in a county whose population is less than 400,000;".

Amend section 1, page 2, line 17, after "least" by inserting "the".

Amend section 1, page 2, line 19, by deleting "(b);" and inserting "(c);".

Amend section 1, page 2, line 21, by deleting "and".

Amend section 1, page 2, line 23, by deleting the period and inserting:

"or his designee; and

(g) To be sent by electronic means, if receipt of such an electronic notice can be verified, to any governmental entity or a party to whom notice must be provided pursuant to paragraphs (a) to (f), inclusive, that requests such a notice.".

Amend sec. 2, page 3, line 30, after "mail" by inserting:

", or by electronic means if receipt of such an electronic notice can be verified,".

Amend sec. 2, page 3, line 34, by deleting "300" and inserting "[300] 500".

Amend sec. 2, page 3, by deleting line 36 and inserting:

"(c) Each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30".

Amend sec. 2, page 3, line 41, by deleting "and".

Amend sec. 2, page 4, line 1, by deleting the period and inserting:

"or his designee; and

(f) Any governmental entity that requests such a notice.".

Amend sec. 2, page 4, line 8, after "mail" by inserting:

", or by electronic means if receipt of such an electronic notice can be verified,".

Amend sec. 2, page 4, line 12, by deleting "500" and inserting "[500] 1,000".

Amend sec. 2, page 4, by deleting line 14 and inserting:

"(c) Each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30".

Amend sec. 2, page 4, line 19, by deleting "and".

Amend sec. 2, page 4, line 20, by deleting the period and inserting:

"or his designee; and

(f) Any governmental entity that requests such a notice.".

Amend the bill as a whole by adding new sections designated sections 3 and 4, following sec. 2, to read as follows:

"Sec. 3. NRS 278.315 is hereby amended to read as follows:

278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.

2. A hearing to consider an application for the granting of a [variance,] special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail , or by electronic means if receipt of such an electronic notice can be verified, at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner , as listed on the county assessor’s records, of real property located [within 300] :

(1) Within 500 feet of the property in question [;] , if the property is located in a county whose population is 400,000 or more, unless the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on the premises as its primary business, in which case the notice must be provided to each owner, as listed on the county assessor’s records, of real property located within 1,000 feet of the property in question; or

(2) Within 300 feet of the property in question, if the property is located in a county whose population is less than 400,000, unless the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on the premises as its primary business, in which case the notice must be provided to each owner, as listed on the county assessor’s records, of real property located within 500 feet of the property in question;

(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; [and]

(d) Any advisory board which has been established for the affected area by the governing body [.] ; and

(e) Any governmental entity that requests such a notice.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

3. A hearing to consider an application for the granting of a variance must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail, or by electronic means if receipt of such an electronic notice can be verified, at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the property in question;

(c) Any advisory board which has been established for the affected area by the governing body; and

(d) Any governmental entity that requested such a notice.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

4. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection [2,] 2 or 3, cause a notice to be sent by mail at least 10 days before the hearing to each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

[4.] 5. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board of adjustment, planning commission or hearing examiner to the governing body.

[5.] 6. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to mailing the notice required pursuant to subsection [3,] 4, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

(a) The existing permitted use and zoning designation of the property in question;

(b) The proposed permitted use of the property in question;

(c) The date, time and place of the public hearing; and

(d) A telephone number which may be used by interested persons to obtain additional information.

[6.] 7. A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

[7.] 8. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

[8.] 9. The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

Sec. 4. This act becomes effective on July 1, 2000.".

Amend the title of the bill, third line, by deleting the second and third lines and inserting:

"notice required for certain amendments to a master plan or zoning regulation and applications for the granting of variances, special and conditional use permits and other special exceptions; and providing other matters properly relating thereto.".

Amend the summary of the bill, second line, by deleting the period and inserting:

"and applications for granting of variances, special and conditional use permits and other special exceptions.".