Assembly Amendment to Senate Bill No. 391 Second Reprint (BDR 22-1197)
Proposed by: Assemblymen Bache, Giunchigliani, Tiffany
Amendment Box: Replaces Amendment No. 1044. Resolves conflicts with S.B. No. 121 and S.B. No. 542. Makes substantive change.
Resolves Conflicts with: SB121, SB542
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting "12," and inserting "12.5,".
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
"Sec. 3.5.
"Infill development" means development that fills in an existing pattern of development on land that is:1. Improved or unimproved; and
2. Surrounded completely by infrastructure and other development.".
Amend sec. 4, page 1, by deleting lines 9 and 10 and inserting:
"Sec. 4.
"Infrastructure" means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, police stations, fire stations, community centers, sanitary sewers, facilities for mass transit and facilities for the conveyance of power, water and the treatment of wastewater.".Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
"Sec. 6.5.
"Smart growth zone" means an area designated pursuant to section 12.5 of this act.".Amend sec. 11, page 4, by deleting lines 6 through 9.
Amend sec. 11, page 4, line 10, by deleting "
5." and inserting "4.".Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
"Sec. 12.5.
1. In a county whose population is 100,000 or more, the governing body of the county and each city in the county shall designate as a smart growth zone each area within its jurisdiction that is likely to benefit from infill development. The governing body shall review such zones periodically and adjust the zones as it deems necessary.2. In a county whose population is less than 100,000, the governing body of the county and each city in the county may designate as a smart growth zone each area within its jurisdiction that is likely to benefit from infill development. The governing body may review and adjust such zones periodically as it deems necessary.
".Amend sec. 13, page 4, line 28, by deleting "
12," and inserting "12.5,".Amend the bill as a whole by adding new sections designated sections 13.3 and 13.7, following sec. 13, to read as follows:
"Sec. 13.3. NRS 278.021 is hereby amended to read as follows:
278.021 1.
2.] In any ordinance adopted by a city or county, the definition of "single-family residence" must include a [home in which six or fewer unrelated persons who are mentally retarded reside with one or two additional persons to act as house parents or guardians who need not be related to each other or any of the mentally retarded persons who reside in the house.
3. This section does] :
(a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with a minimum of:
(1) One or two additional persons who act as house parents or guardians and who need not be related to any of the residents with disabilities; and
(2) If applicable, one or two additional persons who are related to the house parents or guardians within the second degree of consanguinity or affinity.
(b) Home for individual residential care in which two or fewer unrelated persons with disabilities reside with:
(1) One or two additional persons who act as house parents or guardians and who need not be related to any of the residents with disabilities; and
(2) If applicable, one or two additional persons who are related to the house parents or guardians within the second degree of consanguinity or affinity.
2. The provisions of subsection 1 do not prohibit a definition of "single-family residence" which permits more persons to reside in the house, nor does it prohibit regulation of homes which are operated on a commercial basis.
[4. For the purposes of subsection 1, a residence for mentally retarded persons is not a commercial activity.] For the purposes of this subsection, a residential facility for groups or a home for individual residential care shall not be deemed to be a home that is operated on a commercial basis for any purposes relating to building codes or zoning.
3. The health division of the department of human resources shall compile and maintain a registry of information relating to each residential facility for groups that exists in this state and shall make available for access on the Internet or its successor, if any, the information contained in the registry. The registry must include with respect to each residential facility for groups:
(a) The name of the owner of the facility;
(b) The name of the administrator of the facility;
(c) The address of the facility; and
(d) The number of clients for which the facility is licensed.
Any department or agency of a county or city that becomes aware of the existence of a residential facility for groups that is not included in the registry shall transmit such information to the health division, as is necessary, for inclusion in the registry within 30 days after obtaining the information.4. The governing body of a county whose population is 100,000 or more or the governing body of a city in such a county or any department or agency of the city or county shall approve the first application submitted on or after October 1, 1999, to operate a residential facility for groups within a particular neighborhood in the jurisdiction of the governing body, including, without limitation, an application submitted as a result of the change in ownership of a residential facility for groups. If, on or after October 1, 1999, an application is submitted to operate a residential facility for groups that is in addition to the residential facility for groups that has been approved pursuant to paragraph (a) or (b) of subsection 1 within 660 feet from an existing residential facility for groups, the governing body shall review the application based on applicable zoning ordinances. Except as a result of a change in ownership of a residential facility for groups on or after October 1, 1999, the requirements of this subsection do not require the relocation or displacement of any residential facility for groups which existed before October 1, 1999, from its location on that date. The provisions of this subsection do not create or impose a presumption that the location of more than one residential facility for groups within 660 feet of each other is inappropriate under all circumstances with respect to the enforcement of zoning ordinances and regulations.
5. The governing body of a county or city shall not:
(a) Require a special use permit for a residential facility for groups; or
(b) Authorize the operators of a residential facility for groups to allow persons other than those specified in subsection 1 to reside at the facility.
6. The provisions of this section must not be applied in any manner which would result in a loss of money from the Federal Government for programs relating to housing.
7. As used in this section:
(a) "Change in ownership" means any transfer of ownership except a transfer of ownership between any persons related within the third degree of consanguinity or affinity.
(b) "Home for individual residential care" has the meaning ascribed to it in NRS 449.0105.
(c) "Person with a disability" means a person:
(1) With a physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) With a record of such an impairment; or
(3) Who is regarded as having such an impairment.
(d) "Residential facility for groups" has the meaning ascribed to it in NRS 449.017.
Sec. 13.7. NRS 278.150 is hereby amended to read as follows:
2. The plan must be known as the master plan, and must be so prepared that all or portions thereof, except as
otherwise provided in subsection 3, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.3. In counties whose population is 100,000 or more, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion a conservation plan, a housing plan
, a land use plan and a population plan as provided in NRS 278.160.".Amend the bill as a whole by adding new sections designated sections 14.3 and 14.7, following sec. 14, to read as follows:
"Sec. 14.3. NRS 278.170 is hereby amended to read as follows:
otherwise provided in subsection 2, for all or any part of the city, county or region. Master regional plans must be coordinated with similar plans of adjoining regions, and master county and city plans within each region must be coordinated so as to fit properly into the master plan for the region.2. In counties whose population is 100,000 or more, if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in its preparation and adoption, the conservation, housing
, land use and population plans described in that section.Sec. 14.7. NRS 278.210 is hereby amended to read as follows:
2. The adoption of the master plan, or of any amendment, extension or addition thereof,
3. No plan or map, hereafter,
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.5.
An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region
Amend sec. 15, page 7, line 8, by deleting:
"be adopted in accordance with" and inserting:
"
Amend the bill as a whole by renumbering sec. 16 as sec. 23 and adding new sections designated sections 16 through 22, following sec. 15, to read as follows:
"Sec. 16. NRS 278.260 is hereby amended to read as follows:
2. A zoning regulation, restriction or boundary must
strictly conform to the master plan and must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,
at least 10 days before the hearing.
3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent 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 portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 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.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
4. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent 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 the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 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.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
5. If a notice is required to be sent pursuant to subsection 4:
(a) The exterior of a notice sent by mail; or
(b) The cover sheet, heading or subject line of a notice sent by electronic means,
must bear a statement in at least 10-point bold type or font
in substantially the following form:OFFICIAL NOTICE OF PUBLIC HEARING
6. In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no 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 zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
7. A sign required pursuant to subsection 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.
8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed any sign required by subsection 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. 17. NRS 278.315 is hereby amended to read as follows:
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 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.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. 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, cause a notice to be sent at least 10 days before the hearing to each owner, as listed on the county assessor’s records, of at least 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4.
If an application is for the issuance of a special use permit with regard to property that is located within an unincorporated town that is rural in character and not located within an urbanized area of the county, as determined by the board of county commissioners, 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, unless the town board, citizens’ advisory council or town advisory board failed to discuss the application because of the absence of a quorum present at the scheduled meeting. 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 concur with the recommendation, if any, the governing body or other authorized person or entity shall specify for the record the reasons for its action.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.
(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.
Sec. 18. NRS 231.067 is hereby amended to read as follows:
231.067 The commission on economic development shall:
1. Develop a state plan for industrial development and diversification.
The state plan must include a provision that promotes infill development in smart growth zones designated pursuant to section 12.5 of this act.2. Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism, except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.
3. Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.
4. Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than 35,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.
5. Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.
6. Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism, except that in a county whose population is less than 35,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.
7. Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.
8. Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.
9. Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.
Sec. 19. NRS 319.160 is hereby amended to read as follows:
319.160 1. The division may provide advice, technical information, training and educational services, conduct research and promote the development of housing, building technology and related fields.2. The division shall develop and carry out policies to promote infill development in smart growth zones designated pursuant to section 12.5 of this act.
Sec. 20. Section 14 of this act is hereby amended to read as follows:
Sec. 14. NRS 278.160 is hereby amended to read as follows:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include, but is not limited to:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan [may] :
(1) Must show each smart growth zone that has been designated pursuant to section 12.5 of this act;
(2) Must identify policies that would assist in promoting infill development in such zones; and
(3) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.
(l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
(m) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(n) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
(o) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(p) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
(q) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.
Sec. 21. Section 3 of Senate Bill No. 121 of this session is hereby amended to read as follows:
Sec. 3. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.
2. A zoning regulation, restriction or boundary must strictly conform to the master plan and must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,
at least 10 days before the hearing.
3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent 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 portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 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.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change [.] , must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.
4. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent 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 the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor’s records, of at least 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.
The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified and be
written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change5. The exterior of the notice mailed pursuant to subsection 4 must bear a statement in at least 10-point bold type or font
in substantially the following form:OFFICIAL NOTICE OF PUBLIC HEARING
6. In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall,
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 zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
7. A sign required pursuant to subsection 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.
8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed any sign required by subsection 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. 22. On or before January 1, 2001:
1. The governing body of a county whose population is 100,000 or more shall designate initial smart growth zones as required pursuant to subsection 1 of section 12.5 of this act.
2. The commission on economic development shall amend the state plan for industrial development and diversification to include a provision that promotes infill development in smart growth zones as required pursuant to NRS 231.067, as amended by section 18 of this act.
3. The housing division of the department of business and industry shall develop the policies to promote infill development in smart growth zones as required pursuant to subsection 2 of NRS 319.160, as amended by section 19 of this act.".
Amend sec. 16, page 7, by deleting line 37 and inserting:
"Sec. 23. 1. This section and sections 1, 2, 3, 4, 5, 6, 7 to 12, inclusive, 13, 14 and 15 of this act become effective on October 1, 1999.
2. Sections 3.5, 6.5, 12.5, 13.7, 14.3 and 18 to 20, inclusive, and 22 of this act become effective on October 1, 1999, for the purposes of preparations relating to the designation of smart growth zones pursuant to subsection 1 of section 12.5 of this act, the amendment of the state plan for industrial development and diversification pursuant to section 18 of this act and the development of policies to promote infill development pursuant to section 19 of this act and on January 1, 2001, for all other purposes.
3. Section 16 of this act becomes effective at 12:01 a.m. on October 1, 1999.
4. Sections 17 and 21 of this act become effective at 12:02 a.m. on October 1, 1999.
5. Section 13.3 of this act becomes effective on January 1, 2000, for the purposes of the compilation of the registry required pursuant to subsection 3 of NRS 278.021 as amended by section 13.3 of this act and on October 1, 1999, for all other purposes.
6. Section 14.7 of this act becomes effective on January 1, 2000.
7. The provisions of section 8 of this act expire by limitation on June 1, 2004.".
Amend the title of the bill to read as follows:
"AN ACT relating to land use planning; providing for the establishment of provisions to preserve the rural character and density of certain areas in larger counties; providing for a governing body to establish an analysis of the cost to construct infrastructure in certain areas; authorizing the governing body to enter into agreements to carry out the plan for the development of infrastructure in certain areas; requiring certain governing bodies adopting any part of the master plan to adopt a land use plan; establishing provisions to promote infill development in smart growth zones; revising the limitation on local control over the location of housing for persons with disabilities; requiring the health division of the department of human resources to maintain a registry of residential facilities for groups; limiting the number of annual amendments to the land use plan of the master plan in certain circumstances; providing that zoning regulations, restrictions and boundaries adopted by a governing body must strictly conform to the master plan; revising provisions governing applications for special use permits with regard to property located within certain unincorporated towns; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY—Makes various changes concerning land use planning. (BDR 22-1197).".