Amendment No. 555

Assembly Amendment to Assembly Bill No. 388 (BDR 22-507)

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 the bill as a whole by deleting section 1 and renumbering sections 2 through 4 as sections 1 through 3.

Amend sec. 2, page 2, line 6, by deleting ", town".

Amend sec. 2, page 2, line 11, by deleting ", town".

Amend sec. 3, page 2, line 26, by deleting ", town".

Amend sec. 3, page 3, line 6, by deleting ", town".

Amend sec. 3, page 3, line 29, by deleting ", town".

Amend sec. 3, page 3, line 33, by deleting ", town".

Amend sec. 3, page 3, line 43, after "parkways," by inserting "trails,".

Amend sec. 3, page 4, line 19, after "proposed" by inserting "multi-modal".

Amend sec. 3, page 4, by deleting line 20 and inserting:

"[rapid] mass transit, streetcar, motorcoach and trolley coach lines , paths for bicycles and pedestrians, and related".

Amend sec. 3, page 4, lines 28 and 29, by deleting ", town".

Amend sec. 4, page 4, line 36, by deleting ", town".

Amend sec. 4, page 4, lines 37 and 38, by deleting:

", [and] city and town" and inserting "and city".

Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 11 as sections 4 through 9.

Amend sec. 6, pages 5 and 6, by deleting lines 12 through 43 on page 5 and line 1 on page 6, and inserting:

"278.210 1. Before adopting the master plan or any part of it, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.

2. The adoption of the master plan, or of any amendment, extension or".

Amend sec. 6, page 6, line 10, by deleting "[3.] 5." and inserting "3.".

Amend sec. 6, page 6, by deleting lines 15 through 17 and inserting:

"4. Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160 more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.".

Amend sec. 6, page 6, line 18, by deleting "7." and inserting "5.".

Amend sec. 6, page 6, lines 19 and 20, by deleting ", town".

Amend sec. 6, page 6, line 22, by deleting "8." and inserting "6.".

Amend sec. 7, page 6, line 35, by deleting ", town".

Amend sec. 7, page 7, by deleting lines 17 through 33 and inserting:

" required by subsection 2, cause a notice to be sent by mail 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 500 feet [from] of the portion of the boundary being changed;

(c) Each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

(d) Any advisory board which has been established for the affected area by the governing body.".

Amend sec. 7, page 7, line 37, after "5." by inserting:

"If the application involves a change in the boundary of a zoning district within an unincorporated town, the applicant shall present the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board, whichever is applicable, before a hearing is held on the application pursuant to subsection 2. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations for consideration at the hearing held pursuant to subsection 2. The governing body or other person or entity that is authorized to take action on the application at the hearing held pursuant to subsection 2 shall not take action on the application until it receives recommendations from the town board, citizens’ advisory council or town advisory board regarding the application or evidence from the applicant that he presented the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board. The governing body or other authorized person or entity shall consider any recommendations made by the town board, citizens’ advisory council or town advisory board regarding the application. If the governing body or other authorized person or entity does not accept any such recommendation, the governing body or other authorized person or entity shall make a written finding specifying the reasons for its refusal to accept the recommendation.

6.".

Amend sec. 7, page 8, line 3, by deleting "6." and inserting "[6.] 7.".

Amend sec. 7, page 8, line 18, by deleting:

", [or] county or town" and inserting "or county".

Amend sec. 7, page 8, by deleting line 20 and inserting:

"[7.] 8. A sign required pursuant to subsection [6] 7 is for informational".

Amend sec. 7, page 8, line 23, by deleting "8." and inserting "[8.] 9.".

Amend sec. 7, page 8, line 26, by deleting "6," and inserting "[6,] 7,".

Amend sec. 7, page 8, line 29, by deleting "9." and inserting "[9.] 10.".

Amend sec. 7, page 8, line 30, by deleting "6" and inserting "[6] 7".

Amend sec. 8, page 9, by deleting lines 5 through 21 and inserting:

"purpose of the hearing must be sent by mail at least 10 days before the hearing to:

(a) The applicant;

(b) Each owner of real property located within 300 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.".

Amend sec. 8, page 9, line 34, after "4." by inserting:

"If an application is for the issuance of a variance or special use permit with regard to property that is located within an unincorporated town, the applicant shall present the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board, whichever is applicable, before a hearing is held on the application pursuant to subsection 2. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations for consideration at the hearing held pursuant to subsection 2. The governing body or other person or entity that is authorized to take action on the application at the hearing held pursuant to subsection 2 shall not take action on the application until it receives recommendations from the town board, citizens’ advisory council or town advisory board regarding the application or evidence from the applicant that he presented the information contained in the application at a meeting of the town board, citizens’ advisory council or town advisory board. The governing body or other authorized person or entity shall consider any recommendations made by the town board, citizens’ advisory council or town advisory board regarding the application. If the governing body or other authorized person or entity does not accept any such recommendation, the governing body or other authorized person or entity shall make a written finding specifying the reasons for its refusal to accept the recommendation.

5.".

Amend sec. 8, page 9, line 38, by deleting "5." and inserting "[5.] 6.".

Amend sec. 8, page 10, by deleting line 12 and inserting:

"[6.] 7. A sign required pursuant to subsection [5] 6 is for informational".

Amend sec. 8, page 10, line 15, by deleting "7." and inserting "[7.] 8.".

Amend sec. 8, page 10, line 17, by deleting "5," and inserting "[5,] 6,".

Amend sec. 8, page 10, line 19, by deleting "8." and inserting "[8.] 9.".

Amend sec. 8, page 10, line 20, by deleting "5" and inserting "[5] 6".

Amend sec. 9, page 10, by deleting lines 27 and 28 and inserting:

"thereafter, receive training relating to:".

Amend sec. 10, page 10, line 33, by deleting "9" and inserting "7".

Amend sec. 11, page 10, line 41, after "commissioners" by inserting:

"or the election by the people".

Amend sec. 11, page 10, line 43, after "board." by inserting:

"If the ordinance provides for appointment by the board of county commissioners, in making such appointments, the board of county commissioners shall consider:

(1) Reappointment of any member of the town advisory board who is currently serving on the town advisory board and who notifies the board of county commissioners of his desire to be reappointed;

(2) The results of any poll conducted by the town advisory board; and

(3) Any application submitted to the board of county commissioners by persons who desire to be appointed to the town advisory board in response to an announcement made by the town advisory board.".

Amend sec. 11, page 11, by deleting lines 10 through 14 and inserting:

"and the board of county commissioners; and

(b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.".

Amend the bill as a whole by deleting sec. 12 and adding a new section designated sec. 10, following sec. 11, to read as follows:

"Sec. 10. 1. This section and sections 1, 2, 3, 5, 6, 8 and 9 of this act become effective on October 1, 1999.

2. Sections 4 and 7 of this act become effective on January 1, 2000.".

Amend the title of the bill to read as follows:

"AN ACT relating to land use planning; expanding the subjects that must be included within a master plan in certain counties; limiting the number of annual amendments to the land use plan of the master plan in certain circumstances; revising provisions governing applications for changes in the boundaries of zoning districts, variances and special use permits with regard to property located within an unincorporated town; requiring members of a town advisory board to receive certain training; authorizing the election of members of a town advisory board in additional counties; and providing other matters properly relating thereto.".