EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 278 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 12.5, inclusive, of this act.

1-3 Sec. 2. "Average residential density" means the number of lots

1-4 intended for residential dwelling units within the boundaries of a

1-5 subdivided or developed area, divided by the total number of acres within

1-6 the boundaries of the subdivision or developed area.

1-7 Sec. 3. "Coalition" means the regional planning coalition created

1-8 pursuant to section 10 of this act.

2-1 Sec. 3.5. "Infill development" means development that fills in an

2-2 existing pattern of development on land that is:

2-3 1. Improved or unimproved; and

2-4 2. Surrounded completely by infrastructure and other development.

2-5 Sec. 4. "Infrastructure" means publicly owned or publicly supported

2-6 facilities that are necessary or desirable to support intense habitation

2-7 within a region, including, without limitation, parks, roads, schools,

2-8 police stations, fire stations, community centers, sanitary sewers,

2-9 facilities for mass transit and facilities for the conveyance of power,

2-10 water and the treatment of wastewater.

2-11 Sec. 5. "Residential dwelling unit" has the meaning ascribed to it in

2-12 NRS 278.4977.

2-13 Sec. 6. "Rural preservation neighborhood" means a subdivided or

2-14 developed area:

2-15 1. Which consists of 10 or more residential dwelling units;

2-16 2. Where the outer boundary of each lot that is used for residential

2-17 purposes is not more than 330 feet from the outer boundary of any other

2-18 lot that is used for residential purposes;

2-19 3. Which has no more than two residential dwelling units per acre;

2-20 and

2-21 4. Which allows residents to raise or keep animals noncommercially.

2-22 Sec. 6.5. "Smart growth zone" means an area designated pursuant

2-23 to section 12.5 of this act.

2-24 Sec. 7. "Used for residential purposes" means a lot or parcel of land

2-25 that is 5 acres or less in area and contains a residential dwelling unit of a

2-26 permanent nature.

2-27 Sec. 8. 1. In a county with a population of 400,000 or more, the

2-28 governing body shall take such actions as are necessary and appropriate

2-29 to ensure that the rural character of each rural preservation

2-30 neighborhood is preserved.

2-31 2. Unless a rural preservation neighborhood is located within 330

2-32 feet of an existing or proposed street or highway that is more than 99 feet

2-33 wide, the governing body shall, to the extent practicable, adopt any

2-34 zoning regulation or restriction that is necessary to:

2-35 (a) Maintain the rural character of the area developed as a low

2-36 density residential development;

2-37 (b) Except as otherwise provided in subsection 4, ensure that the

2-38 average residential density for that portion of the zoning request that is

2-39 located within 330 feet of a rural preservation neighborhood does not

2-40 exceed three residential dwelling units per acre; and

2-41 (c) Provide adequate buffer areas, adequate screening and an orderly

2-42 and efficient transition of land uses, excluding raising or keeping

2-43 animals commercially or noncommercially.

3-1 3. The governing body may modify the standards for the

3-2 development of infrastructure to maintain the rural character of the

3-3 rural preservation neighborhood.

3-4 4. The governing body may, for good cause shown, allow a greater

3-5 density or intensity of use when that use is less than 330 feet from a rural

3-6 preservation neighborhood.

3-7 Sec. 9. The provisions of sections 10, 11 and 12 of this act apply

3-8 only to counties whose population is 400,000 or more and cities located

3-9 within those counties.

3-10 Sec. 10. The board of county commissioners and the city council of

3-11 each of the four largest cities in the county shall establish a regional

3-12 planning coalition by cooperative agreement pursuant to chapter 277 of

3-13 NRS. The regional planning coalition may:

3-14 1. Develop policies for the region, including, without limitation, the

3-15 promotion of orderly development, coordinated land use planning and

3-16 the efficient provision of services to urban areas, including, without

3-17 limitation, roads, water and sewer service, police and fire protection,

3-18 mass transit, libraries and parks;

3-19 2. Coordinate sources of information;

3-20 3. Establish standardized projections for population;

3-21 4. Recommend measures to increase the efficiency of governmental

3-22 entities and services;

3-23 5. Make recommendations regarding the disposal of federal land;

3-24 6. Establish methods for resolving disputes regarding annexation

3-25 and other matters that arise between jurisdictions;

3-26 7. Periodically review the master plans adopted by the governing

3-27 body of the county and each city; and

3-28 8. Periodically review the annual plan for capital improvements

3-29 prepared by the governing body of each local government in the county

3-30 pursuant to NRS 278.0226.

3-31 Sec. 11. 1. A governing body may establish, independently or in

3-32 conjunction with another governing body, an analysis of the cost to

3-33 construct infrastructure in an area which is relatively undeveloped and

3-34 which is likely to become developed.

3-35 2. The analysis of the cost to construct infrastructure in an area that

3-36 is relatively undeveloped must include, without limitation:

3-37 (a) A precise description of the area, either in the form of a legal

3-38 description or by reference to roadways, lakes and waterways, railroads

3-39 or similar landmarks, and township, county or city boundaries;

3-40 (b) An estimate of the expected total population of the area when the

3-41 land becomes fully developed;

4-1 (c) An assessment of the infrastructure that will be necessary to

4-2 support the area when it becomes fully developed according to the master

4-3 plan adopted by the governing body pursuant to NRS 278.220; and

4-4 (d) A plan for the development of the infrastructure which includes,

4-5 without limitation:

4-6 (1) Any minimum requirements for the development of

4-7 infrastructure that have been determined by the coalition;

4-8 (2) A plan to meet the anticipated needs of the area for police and

4-9 fire protection, parks, roads, regional transportation and flood control

4-10 facilities when the land becomes fully developed;

4-11 (3) An estimate of the date on which each phase of the development

4-12 will occur;

4-13 (4) The manner in which the plan for the development of the

4-14 infrastructure will be implemented; and

4-15 (5) An economic analysis of the cost to plan and develop fully the

4-16 infrastructure for the area.

4-17 3. The governing body may, if it finds that the analysis of the

4-18 projected need for infrastructure is consistent with the master plan,

4-19 approve the analysis by ordinance.

4-20 4. The governing body shall provide the necessary copies of the

4-21 analysis to the coalition for review and information.

4-22 Sec. 12. 1. A governing body may carry out the plan for

4-23 infrastructure by negotiating master development agreements,

4-24 independently or in conjunction with an interlocal agreement for the

4-25 area.

4-26 2. As used in this section, "master development agreement" means a

4-27 written agreement:

4-28 (a) Between a governing body and a person who has a legal or

4-29 equitable interest in land that is entered into upon the application of the

4-30 person who wishes to develop that land;

4-31 (b) To enable the governing body to distribute equitably the costs to

4-32 develop infrastructure for an area of land that is largely undeveloped;

4-33 and

4-34 (c) That is based on an analysis of the need for infrastructure that is

4-35 prepared pursuant to section 11 of this act.

4-36 Sec. 12.5. 1. In a county whose population is 100,000 or more, the

4-37 governing body of the county and each city in the county shall designate

4-38 as a smart growth zone each area within its jurisdiction that is likely to

4-39 benefit from infill development. The governing body shall review such

4-40 zones periodically and adjust the zones as it deems necessary.

4-41 2. In a county whose population is less than 100,000, the governing

4-42 body of the county and each city in the county may designate as a smart

5-1 growth zone each area within its jurisdiction that is likely to benefit from

5-2 infill development. The governing body may review and adjust such

5-3 zones periodically as it deems necessary.

5-4 Sec. 13. NRS 278.010 is hereby amended to read as follows:

5-5 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

5-9 those sections.

5-10 Sec. 13.3. NRS 278.021 is hereby amended to read as follows:

5-11 278.021 1. [The purpose of this section is to remove obstacles

5-12 imposed by zoning ordinances, declarations of restrictions, deed

5-13 restrictions, restrictive covenants and equitable servitudes which prevent

5-14 persons who are mentally retarded from living in normal residences.

5-15 2.] In any ordinance adopted by a city or county, the definition of

5-16 "single-family residence" must include a [home in which six or fewer

5-17 unrelated persons who are mentally retarded reside with one or two

5-18 additional persons to act as house parents or guardians who need not be

5-19 related to each other or any of the mentally retarded persons who reside in

5-20 the house.

5-21 3. This section does] :

5-22 (a) Residential facility for groups.

5-23 (b) Home for individual residential care.

5-24 2. The provisions of subsection 1 do not prohibit a definition of

5-25 "single-family residence" which permits more persons to reside in the

5-26 house, nor does it prohibit regulation of homes which are operated on a

5-27 commercial basis.

5-28 [4. For the purposes of subsection 1, a residence for mentally retarded

5-29 persons is not a commercial activity.] For the purposes of this subsection,

5-30 a residential facility for groups or a home for individual residential care

5-31 shall not be deemed to be a home that is operated on a commercial basis

5-32 for any purposes relating to building codes or zoning.

5-33 3. The health division of the department of human resources shall

5-34 compile and maintain a registry of information relating to each

5-35 residential facility for groups that exists in this state and shall make

5-36 available for access on the Internet or its successor, if any, the

5-37 information contained in the registry. The registry must include with

5-38 respect to each residential facility for groups:

5-39 (a) The name of the owner of the facility;

5-40 (b) The name of the administrator of the facility;

5-41 (c) The address of the facility; and

5-42 (d) The number of clients for which the facility is licensed.

6-1 Any department or agency of a county or city that becomes aware of the

6-2 existence of a residential facility for groups that is not included in the

6-3 registry shall transmit such information to the health division, as is

6-4 necessary, for inclusion in the registry within 30 days after obtaining the

6-5 information.

6-6 4. The governing body of a county whose population is 100,000 or

6-7 more or the governing body of a city in such a county or any department

6-8 or agency of the city or county shall approve the first application

6-9 submitted on or after October 1, 1999, to operate a residential facility for

6-10 groups within a particular neighborhood in the jurisdiction of the

6-11 governing body, including, without limitation, an application submitted

6-12 as a result of the change in ownership of a residential facility for groups.

6-13 If, on or after October 1, 1999, a subsequent application is submitted to

6-14 operate an additional residential facility for groups at a location that is

6-15 within 660 feet from an existing residential facility for groups, the

6-16 governing body shall review the application based on applicable zoning

6-17 ordinances. Except as a result of a change in ownership of a residential

6-18 facility for groups on or after October 1, 1999, the requirements of this

6-19 subsection do not require the relocation or displacement of any

6-20 residential facility for groups which existed before October 1, 1999, from

6-21 its location on that date. The provisions of this subsection do not create

6-22 or impose a presumption that the location of more than one residential

6-23 facility for groups within 660 feet of each other is inappropriate under all

6-24 circumstances with respect to the enforcement of zoning ordinances and

6-25 regulations.

6-26 5. The governing body of a county or city shall not require a special

6-27 use permit for a residential facility for groups.

6-28 6. The provisions of this section must not be applied in any manner

6-29 which would result in a loss of money from the Federal Government for

6-30 programs relating to housing.

6-31 7. As used in this section:

6-32 (a) "Change in ownership" means any transfer of ownership except a

6-33 transfer of ownership between any persons related within the third degree

6-34 of consanguinity or affinity.

6-35 (b) "Home for individual residential care" has the meaning ascribed

6-36 to it in NRS 449.0105.

6-37 (c) "Person with a disability" means a person:

6-38 (1) With a physical or mental impairment that substantially limits

6-39 one or more of the major life activities of the person;

6-40 (2) With a record of such an impairment; or

6-41 (3) Who is regarded as having such an impairment.

6-42 (d) "Residential facility for groups" has the meaning ascribed to it in

6-43 NRS 449.017.

7-1 Sec. 13.7. NRS 278.150 is hereby amended to read as follows:

7-2 278.150 1. The planning commission shall prepare and adopt a

7-15 and a population plan as provided in NRS 278.160.

7-16 Sec. 14. NRS 278.160 is hereby amended to read as follows:

7-17 278.160 1. The master plan, with the accompanying charts, drawings,

7-42 (e) Housing plan. The housing plan must include, but is not limited to:

8-1 (1) An inventory of housing conditions, needs and plans and

8-2 procedures for improving housing standards and for providing adequate

8-3 housing.

8-4 (2) An inventory of affordable housing in the community.

8-5 (3) An analysis of the demographic characteristics of the community.

8-6 (4) A determination of the present and prospective need for

8-7 affordable housing in the community.

8-8 (5) An analysis of any impediments to the development of affordable

8-9 housing and the development of policies to mitigate those impediments.

8-10 (6) An analysis of the characteristics of the land that is the most

8-11 appropriate for the construction of affordable housing.

8-12 (7) An analysis of the needs and appropriate methods for the

8-13 construction of affordable housing or the conversion or rehabilitation of

8-14 existing housing to affordable housing.

8-15 (8) A plan for maintaining and developing affordable housing to meet

8-16 the housing needs of the community.

8-17 (f) Land use plan. An inventory and classification of types of natural

8-18 land and of existing land cover and uses, and comprehensive plans for the

8-19 most desirable utilization of land. The land use plan may include a

8-20 provision concerning the acquisition and use of land that is under federal

8-21 management within the city, county or region, including, without limitation,

8-22 a plan or statement of policy prepared pursuant to NRS 321.7355.

8-23 (g) Population plan. An estimate of the total population which the

8-24 natural resources of the city, county or region will support on a continuing

8-25 basis without unreasonable impairment.

8-26 (h) Public buildings. Showing locations and arrangement of civic centers

8-27 and all other public buildings, including the architecture thereof and the

8-28 landscape treatment of the grounds thereof.

8-29 (i) Public services and facilities. Showing general plans for sewage,

8-30 drainage and utilities, and rights of way, easements and facilities therefor,

8-31 including any utility projects required to be reported pursuant to NRS

8-32 278.145.

8-33 (j) Recreation plan. Showing a comprehensive system of recreation

8-34 areas, including natural reservations, parks, parkways, reserved riverbank

8-35 strips, beaches, playgrounds and other recreation areas, including, when

8-36 practicable, the locations and proposed development thereof.

8-37 (k) Rural neighborhoods preservation plan. In any county whose

8-38 population is 400,000 or more, showing general plans to preserve the

8-39 character and density of rural neighborhoods.

8-40 (l) Safety plan. In any county whose population is 400,000 or more,

8-41 identifying potential types of natural and man-made hazards, including

8-42 hazards from floods, landslides or fires, or resulting from the manufacture,

9-1 storage, transfer or use of bulk quantities of hazardous materials. The plan

9-2 may set forth policies for avoiding or minimizing the risks from those

9-3 hazards.

9-4 [(l)] (m) Seismic safety plan. Consisting of an identification and

9-5 appraisal of seismic hazards such as susceptibility to surface ruptures from

9-6 faulting, to ground shaking or to ground failures.

9-7 [(m)] (n) Solid waste disposal plan. Showing general plans for the

9-8 disposal of solid waste.

9-9 [(n)] (o) Streets and highways plan. Showing the general locations and

9-10 widths of a comprehensive system of major traffic thoroughfares and other

9-11 traffic ways and of streets and the recommended treatment thereof, building

9-12 line setbacks, and a system of naming or numbering streets and numbering

9-13 houses, with recommendations concerning proposed changes.

9-14 [(o)] (p) Transit plan. Showing a proposed system of transit lines,

9-15 including rapid transit, streetcar, motorcoach and trolley coach lines and

9-16 related facilities.

9-17 [(p)] (q) Transportation plan. Showing a comprehensive transportation

9-18 system, including locations of rights of way, terminals, viaducts and grade

9-19 separations. The plan may also include port, harbor, aviation and related

9-20 facilities.

9-21 2. The commission may prepare and adopt, as part of the master plan,

9-22 other and additional plans and reports dealing with such other subjects as

9-23 may in its judgment relate to the physical development of the city, county

9-24 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

9-25 prohibits the preparation and adoption of any such subject as a part of the

9-26 master plan.

9-27 Sec. 14.3. NRS 278.170 is hereby amended to read as follows:

9-28 278.170 1. The commission may prepare and adopt all or any part of

9-38 section.

9-39 Sec. 14.7. NRS 278.210 is hereby amended to read as follows:

9-40 278.210 1. Before adopting the master plan or any part of it, or any

9-43 at least by one publication in a newspaper of general circulation in the city

10-1 or county, or in the case of a regional planning commission, by one

10-2 publication in a newspaper in each county within the regional district, at

10-3 least 10 days before the day of the hearing.

10-4 2. The adoption of the master plan, or of any amendment, extension or

10-5 addition thereof, [shall] must be by resolution of the commission carried by

10-6 the affirmative votes of not less than two-thirds of the total membership of

10-7 the commission. The resolution [shall] must refer expressly to the maps,

10-8 descriptive matter and other matter intended by the commission to

10-9 constitute the plan or any amendment, addition or extension thereof, and

10-10 the action taken [shall] must be recorded on the map and plan and

10-11 descriptive matter by the identifying signatures of the secretary and

10-12 chairman of the commission.

10-13 3. No plan or map, hereafter, [shall] must have indicated thereon that it

10-14 is a part of the master plan until it [shall have] has been adopted as part of

10-15 the master plan by the commission as herein provided for the adoption

10-16 thereof, whenever changed conditions or further studies by the commission

10-17 require such amendments, extension, or addition.

10-18 4. Except as otherwise provided in this subsection, the commission

10-19 shall not amend the land use plan of the master plan set forth in

10-20 paragraph (f) of subsection 1 of NRS 278.160 more than four times in a

10-21 calendar year. The provisions of this subsection do not apply to a change

10-22 in the land use designated for a particular area if the change does not

10-23 affect more than 25 percent of the area.

10-24 5. An attested copy of any part, amendment, extension of or addition to

10-25 the master plan adopted by the planning commission of any city, county or

10-26 region [shall] must be certified to the governing body of [such] the city,

10-27 county or region.

10-28 [5.] 6. An attested copy of any part, amendment, extension of or

10-29 addition to the master plan adopted by any regional planning commission

10-30 [shall] must be certified to the county planning commission and to the

10-31 board of county commissioners of each county within the regional district.

10-32 Sec. 15. NRS 278.250 is hereby amended to read as follows:

10-33 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,

10-43 other natural and scenic resources from unreasonable impairment.

11-1 (c) To provide for recreational needs.

11-2 (d) To protect life and property in areas subject to floods, landslides and

11-3 other natural disasters.

11-4 (e) To conform to the adopted population plan, if required by NRS

11-5 278.170.

11-6 (f) To develop a timely, orderly and efficient arrangement of

11-7 transportation and public facilities and services, including facilities and

11-8 services for bicycles.

11-9 (g) To ensure that the development on land is commensurate with the

11-10 character and the physical limitations of the land.

11-11 (h) To take into account the immediate and long-range financial impact

11-12 of the application of particular land to particular kinds of development, and

11-13 the relative suitability of the land for development.

11-14 (i) To promote health and the general welfare.

11-15 (j) To ensure the development of an adequate supply of housing for the

11-16 community, including the development of affordable housing.

11-17 (k) To ensure the protection of existing neighborhoods and

11-18 communities, including the protection of rural preservation

11-19 neighborhoods.

11-20 3. The zoning regulations must be adopted with reasonable

11-21 consideration, among other things, to the character of the area and its

11-22 peculiar suitability for particular uses, and with a view to conserving the

11-23 value of buildings and encouraging the most appropriate use of land

11-24 throughout the city, county or region.

11-25 Sec. 16. NRS 278.260 is hereby amended to read as follows:

11-26 278.260 1. The governing body shall provide for the manner in

11-43 the hearing to:

12-1 (a) The applicant;

12-2 (b) Each owner, as listed on the county assessor’s records, of real

12-3 property located within 300 feet of the portion of the boundary being

12-4 changed;

12-5 (c) Each owner, as listed on the county assessor’s records, of at least 30

12-6 parcels nearest to the portion of the boundary being changed, to the extent

12-7 this notice does not duplicate the notice given pursuant to paragraph (b);

12-8 and

12-9 (d) Any advisory board which has been established for the affected area

12-10 by the governing body.

12-11 The notice must be sent by mail or, if requested by a party to whom notice

12-12 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic

12-13 means if receipt of such an electronic notice can be verified, and be written

12-14 in language which is easy to understand. The notice must set forth the time,

12-15 place and purpose of the hearing and a physical description of, or a map

12-16 detailing, the proposed change.

12-17 4. If the proposed amendment involves a change in the boundary of a

12-18 zoning district in a county whose population is 400,000 or more, the

12-19 governing body shall, to the extent this notice does not duplicate the notice

12-20 required by subsection 2, cause a notice to be sent at least 10 days before

12-21 the hearing to:

12-22 (a) The applicant;

12-23 (b) Each owner, as listed on the county assessor’s records, of real

12-24 property located within 500 feet from the portion of the boundary being

12-25 changed;

12-26 (c) Each owner, as listed on the county assessor’s records, of at least 30

12-27 parcels nearest to the portion of the boundary being changed, to the extent

12-28 this notice does not duplicate the notice given pursuant to paragraph (b);

12-29 and

12-30 (d) Any advisory board which has been established for the affected area

12-31 by the governing body.

12-32 The notice must be sent by mail or, if requested by a party to whom notice

12-33 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic

12-34 means if receipt of such an electronic notice can be verified, and be written

12-35 in language which is easy to understand. The notice must set forth the time,

12-36 place and purpose of the hearing and a physical description of, or a map

12-37 detailing, the proposed change.

12-38 5. If a notice is required to be sent pursuant to subsection 4:

12-39 (a) The exterior of a notice sent by mail; or

12-40 (b) The cover sheet, heading or subject line of a notice sent by

12-41 electronic means,

12-42 must bear a statement in at least 10-point bold type or font in substantially

12-43 the following form:

13-1 OFFICIAL NOTICE OF PUBLIC HEARING

13-2 6. In addition to sending the notice required pursuant to subsection 4,

13-3 in a county whose population is 400,000 or more, the governing body shall,

13-4 no later than 10 days before the hearing, erect or cause to be erected on the

13-5 property, at least one sign not less than 2 feet high and 2 feet wide. The

13-6 sign must be made of material reasonably calculated to withstand the

13-7 elements for 40 days. The governing body must be consistent in its use of

13-8 colors for the background and lettering of the sign. The sign must include

13-9 the following information:

13-10 (a) The existing zoning designation of the property in question;

13-11 (b) The proposed zoning designation of the property in question;

13-12 (c) The date, time and place of the public hearing;

13-13 (d) A telephone number which may be used by interested persons to

13-14 obtain additional information; and

13-15 (e) A statement which indicates whether the proposed zoning

13-16 designation of the property in question complies with the requirements of

13-17 the master plan of the city or county in which the property is located.

13-18 7. A sign required pursuant to subsection 6 is for informational

13-19 purposes only, and must be erected regardless of any local ordinance

13-20 regarding the size, placement or composition of signs to the contrary.

13-21 8. A governing body may charge an additional fee for each application

13-22 to amend an existing zoning regulation, restriction or boundary to cover the

13-23 actual costs resulting from the mailed notice required by this section and

13-24 the erection of not more than one of the signs required by subsection 6, if

13-25 any. The additional fee is not subject to the limitation imposed by NRS

13-26 354.5989.

13-27 9. The governing body shall remove or cause to be removed any sign

13-28 required by subsection 6 within 5 days after the final hearing for the

13-29 application for which the sign was erected. There must be no additional

13-30 charge to the applicant for such removal.

13-31 Sec. 17. NRS 278.315 is hereby amended to read as follows:

13-32 278.315 1. The governing body may provide by ordinance for the

13-42 before the board of adjustment, planning commission or hearing examiner

14-1 within 65 days after the filing of the application, unless a longer time or a

14-2 different process of review is provided in an agreement entered into

14-3 pursuant to NRS 278.0201. A notice setting forth the time, place and

14-4 purpose of the hearing must be sent at least 10 days before the hearing to:

14-5 (a) The applicant;

14-6 (b) Each owner of real property located within 300 feet of the property

14-7 in question;

14-8 (c) If a mobile home park is located within 300 feet of the property in

14-9 question, each tenant of that mobile home park; and

14-10 (d) Any advisory board which has been established for the affected area

14-11 by the governing body.

14-12 The notice must be sent by mail or, if requested by a party to whom notice

14-13 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic

14-14 means if receipt of such an electronic notice can be verified, and be written

14-15 in language which is easy to understand. The notice must set forth the time,

14-16 place and purpose of the hearing and a physical description or map of the

14-17 property in question.

14-18 3. If the application is for the issuance of a special use permit in a

14-19 county whose population is 100,000 or more, the governing body shall, to

14-20 the extent this notice does not duplicate the notice required by subsection 2,

14-21 cause a notice to be sent at least 10 days before the hearing to each owner,

14-22 as listed on the county assessor’s records, of at least 30 parcels nearest to

14-23 the property in question. The notice must be sent by mail or, if requested by

14-24 an owner to whom notice must be provided, by electronic means if receipt

14-25 of such an electronic notice can be verified, and be written in language

14-26 which is easy to understand. The notice must set forth the time, place and

14-27 purpose of the hearing and a physical description or map of the property in

14-28 question.

14-29 4. If an application is for the issuance of a special use permit with

14-30 regard to property that is located within an unincorporated town that is

14-31 rural in character and not located within an urbanized area of the

14-32 county, as determined by the board of county commissioners, the

14-33 applicant shall present the information contained in the application at a

14-34 meeting of the town board, citizens’ advisory council or town advisory

14-35 board, whichever is applicable, before a hearing is held on the

14-36 application pursuant to subsection 2. The town board, citizens’ advisory

14-37 council or town advisory board may make recommendations regarding

14-38 the application and submit its recommendations for consideration at the

14-39 hearing held pursuant to subsection 2. The governing body or other

14-40 person or entity that is authorized to take action on the application at the

14-41 hearing held pursuant to subsection 2 shall not take action on the

14-42 application until it receives recommendations from the town board,

14-43 citizens’ advisory council or town advisory board regarding the

15-1 application or evidence from the applicant that he presented the

15-2 information contained in the application at a meeting of the town board,

15-3 citizens’ advisory council or town advisory board, unless the town board,

15-4 citizens’ advisory council or town advisory board failed to discuss the

15-5 application because of the absence of a quorum present at the scheduled

15-6 meeting. The governing body or other authorized person or entity shall

15-7 consider any recommendations made by the town board, citizens’

15-8 advisory council or town advisory board regarding the application. If the

15-9 governing body or other authorized person or entity does not concur with

15-10 the recommendation, if any, the governing body or other authorized

15-11 person or entity shall specify for the record the reasons for its action.

15-12 5. An ordinance adopted pursuant to this section must provide an

15-13 opportunity for the applicant or a protestant to appeal from a decision of

15-14 the board of adjustment, planning commission or hearing examiner to the

15-15 governing body.

15-16 [5.] 6. In a county whose population is 400,000 or more, if the

15-17 application is for the issuance of a special use permit for an establishment

15-18 which serves alcoholic beverages for consumption on or off of the premises

15-19 as its primary business in a district which is not a gaming enterprise district

15-20 as defined in NRS 463.0158, the governing body shall, in addition to

15-21 sending the notice required pursuant to subsection 3, not later than 10 days

15-22 before the hearing, erect or cause to be erected on the property, at least one

15-23 sign not less than 2 feet high and 2 feet wide. The sign must be made of

15-24 material reasonably calculated to withstand the elements for 40 days. The

15-25 governing body must be consistent in its use of colors for the background

15-26 and lettering of the sign. The sign must include the following information:

15-27 (a) The existing permitted use and zoning designation of the property in

15-28 question;

15-29 (b) The proposed permitted use of the property in question;

15-30 (c) The date, time and place of the public hearing; and

15-31 (d) A telephone number which may be used by interested persons to

15-32 obtain additional information.

15-33 [6.] 7. A sign required pursuant to subsection [5] 6 is for informational

15-34 purposes only, and must be erected regardless of any local ordinance

15-35 regarding the size, placement or composition of signs to the contrary.

15-36 [7.] 8. A governing body may charge an additional fee for each

15-37 application for a special use permit to cover the actual costs resulting from

15-38 the erection of not more than one sign required by subsection [5,] 6, if any.

15-39 The additional fee is not subject to the limitation imposed by NRS

15-40 354.5989.

15-41 [8.] 9. The governing body shall remove or cause to be removed any

15-42 sign required by subsection [5] 6 within 5 days after the final hearing for

16-1 the application for which the sign was erected. There must be no additional

16-2 charge to the applicant for such removal.

16-3 [9.] 10. The provisions of this section do not apply to an application

16-4 for a conditional use permit filed pursuant to section 1 of [this act.]

16-5 Assembly Bill No. 603 of this session.

16-6 Sec. 18. NRS 231.067 is hereby amended to read as follows:

16-7 231.067 The commission on economic development shall:

16-8 1. Develop a state plan for industrial development and diversification.

16-9 The state plan must include a provision that promotes infill development

16-10 in smart growth zones designated pursuant to section 12.5 of this act.

16-11 2. Promote, encourage and aid the development of commercial,

16-12 industrial, agricultural, mining and other vital economic interests of this

16-13 state, except for travel and tourism, except that in a county whose

16-14 population is less than 35,000, the county may include community

16-15 development and the development of the nongaming recreation and tourism

16-16 industry in its economic development efforts.

16-17 3. Identify sources of financing and assist businesses and industries

16-18 which wish to locate in Nevada in obtaining financing.

16-19 4. Provide and administer grants of money to political subdivisions of

16-20 the state and to local or regional organizations for economic development

16-21 to assist them in promoting the advantages of their communities and in

16-22 recruiting businesses to relocate in those communities. Each recipient must

16-23 provide an amount of money, at least equal to the grant, for the same

16-24 purpose, except, in a county whose population is less than 35,000, the

16-25 commission may, if convinced that the recipient is financially unable to do

16-26 so, provide such a grant with less than equal matching money provided by

16-27 the recipient.

16-28 5. Encourage and assist state, county and city agencies in planning and

16-29 preparing projects for economic or industrial development and financing

16-30 those projects with revenue bonds.

16-31 6. Coordinate and assist the activities of counties, cities, local and

16-32 regional organizations for economic development and fair and recreation

16-33 boards in the state which affect industrial development, except for travel

16-34 and tourism, except that in a county whose population is less than 35,000,

16-35 the county may include community development and the development of

16-36 the nongaming recreation and tourism industry in its economic

16-37 development efforts.

16-38 7. Arrange by cooperative agreements with local governments to serve

16-39 as the single agency in the state where relocating or expanding businesses

16-40 may obtain all required permits.

16-41 8. Promote close cooperation between public agencies and private

16-42 persons who have an interest in industrial development and diversification

16-43 in Nevada.

17-1 9. Organize and coordinate the activities of a group of volunteers

17-2 which will aggressively select and recruit businesses and industries,

17-3 especially small industries, to locate their offices and facilities in Nevada.

17-4 Sec. 19. NRS 319.160 is hereby amended to read as follows:

17-5 319.160 1. The division may provide advice, technical information,

17-7 development of housing, building technology and related fields.

17-8 2. The division shall develop and carry out policies to promote infill

17-9 development in smart growth zones designated pursuant to section 12.5

17-10 of this act.

17-11 Sec. 20. Section 14 of this act is hereby amended to read as follows:

17-12 Sec. 14. NRS 278.160 is hereby amended to read as follows:

17-13 278.160 1. The master plan, with the accompanying charts,

17-14 drawings, diagrams, schedules and reports, may include such of the

17-15 following subject matter or portions thereof as are appropriate to

17-16 the city, county or region, and as may be made the basis for the

17-17 physical development thereof:

17-18 (a) Community design. Standards and principles governing the

17-19 subdivision of land and suggestive patterns for community design

17-20 and development.

17-21 (b) Conservation plan. For the conservation, development and

17-22 utilization of natural resources, including water and its hydraulic

17-23 force, underground water, water supply, forests, soils, rivers and

17-24 other waters, harbors, fisheries, wildlife, minerals and other natural

17-25 resources. The plan must also cover the reclamation of land and

17-26 waters, flood control, prevention and control of the pollution of

17-27 streams and other waters, regulation of the use of land in stream

17-28 channels and other areas required for the accomplishment of the

17-29 conservation plan, prevention, control and correction of the erosion

17-30 of soils through proper clearing, grading and landscaping, beaches

17-31 and shores, and protection of watersheds. The plan must also

17-32 indicate the maximum tolerable level of air pollution.

17-33 (c) Economic plan. Showing recommended schedules for the

17-34 allocation and expenditure of public money in order to provide for

17-35 the economical and timely execution of the various components of

17-36 the plan.

17-37 (d) Historical properties preservation plan. An inventory of

17-38 significant historical, archaeological and architectural properties as

17-39 defined by a city, county or region, and a statement of methods to

17-40 encourage the preservation of those properties.

17-41 (e) Housing plan. The housing plan must include, but is not

17-42 limited to:

18-1 (1) An inventory of housing conditions, needs and plans and

18-2 procedures for improving housing standards and for providing

18-3 adequate housing.

18-4 (2) An inventory of affordable housing in the community.

18-5 (3) An analysis of the demographic characteristics of the

18-6 community.

18-7 (4) A determination of the present and prospective need for

18-8 affordable housing in the community.

18-9 (5) An analysis of any impediments to the development of

18-10 affordable housing and the development of policies to mitigate

18-11 those impediments.

18-12 (6) An analysis of the characteristics of the land that is the

18-13 most appropriate for the construction of affordable housing.

18-14 (7) An analysis of the needs and appropriate methods for the

18-15 construction of affordable housing or the conversion or

18-16 rehabilitation of existing housing to affordable housing.

18-17 (8) A plan for maintaining and developing affordable housing

18-18 to meet the housing needs of the community.

18-19 (f) Land use plan. An inventory and classification of types of

18-20 natural land and of existing land cover and uses, and comprehensive

18-21 plans for the most desirable utilization of land. The land use plan

18-22 [may] :

18-23 (1) Must show each smart growth zone that has been

18-24 designated pursuant to section 12.5 of this act;

18-25 (2) Must identify policies that would assist in promoting

18-26 infill development in such zones; and

18-27 (3) May include a provision concerning the acquisition and

18-28 use of land that is under federal management within the city, county

18-29 or region, including, without limitation, a plan or statement of

18-30 policy prepared pursuant to NRS 321.7355.

18-31 (g) Population plan. An estimate of the total population which

18-32 the natural resources of the city, county or region will support on a

18-33 continuing basis without unreasonable impairment.

18-34 (h) Public buildings. Showing locations and arrangement of civic

18-35 centers and all other public buildings, including the architecture

18-36 thereof and the landscape treatment of the grounds thereof.

18-37 (i) Public services and facilities. Showing general plans for

18-38 sewage, drainage and utilities, and rights of way, easements and

18-39 facilities therefor, including any utility projects required to be

18-40 reported pursuant to NRS 278.145.

18-41 (j) Recreation plan. Showing a comprehensive system of

18-42 recreation areas, including natural reservations, parks, parkways,

19-1 reserved riverbank strips, beaches, playgrounds and other recreation

19-2 areas, including, when practicable, the locations and proposed

19-3 development thereof.

19-4 (k) Rural neighborhoods preservation plan. In any county whose

19-5 population is 400,000 or more, showing general plans to preserve

19-6 the character and density of rural neighborhoods.

19-7 (l) Safety plan. In any county whose population is 400,000 or

19-8 more, identifying potential types of natural and man-made hazards,

19-9 including hazards from floods, landslides or fires, or resulting from

19-10 the manufacture, storage, transfer or use of bulk quantities of

19-11 hazardous materials. The plan may set forth policies for avoiding or

19-12 minimizing the risks from those hazards.

19-13 (m) Seismic safety plan. Consisting of an identification and

19-14 appraisal of seismic hazards such as susceptibility to surface

19-15 ruptures from faulting, to ground shaking or to ground failures.

19-16 (n) Solid waste disposal plan. Showing general plans for the

19-17 disposal of solid waste.

19-18 (o) Streets and highways plan. Showing the general locations

19-19 and widths of a comprehensive system of major traffic

19-20 thoroughfares and other traffic ways and of streets and the

19-21 recommended treatment thereof, building line setbacks, and a

19-22 system of naming or numbering streets and numbering houses, with

19-23 recommendations concerning proposed changes.

19-24 (p) Transit plan. Showing a proposed system of transit lines,

19-25 including rapid transit, streetcar, motorcoach and trolley coach lines

19-26 and related facilities.

19-27 (q) Transportation plan. Showing a comprehensive

19-28 transportation system, including locations of rights of way,

19-29 terminals, viaducts and grade separations. The plan may also

19-30 include port, harbor, aviation and related facilities.

19-31 2. The commission may prepare and adopt, as part of the

19-32 master plan, other and additional plans and reports dealing with

19-33 such other subjects as may in its judgment relate to the physical

19-34 development of the city, county or region, and nothing contained in

19-35 NRS 278.010 to 278.630, inclusive, prohibits the preparation and

19-36 adoption of any such subject as a part of the master plan.

19-37 Sec. 21. Section 3 of Senate Bill No. 121 of this session is hereby

19-38 amended to read as follows:

19-39 Sec. 3. NRS 278.260 is hereby amended to read as follows:

19-40 278.260 1. The governing body shall provide for the manner

19-41 in which zoning regulations and restrictions and the boundaries of

19-42 zoning districts are determined, established, enforced and amended.

20-1 2. A zoning regulation, restriction or boundary must strictly

20-2 conform to the master plan and must not become effective until

20-3 after a public hearing at which parties in interest and other persons

20-4 have an opportunity to be heard. The governing body shall cause

20-5 notice of the time and place of the hearing to be:

20-6 (a) Published in an official newspaper, or a newspaper of general

20-7 circulation, in the city, county or region; and

20-8 (b) Mailed to each tenant of a mobile home park if that park is

20-9 located within 300 feet of the property in question,

20-10 at least 10 days before the hearing.

20-11 3. If the proposed amendment involves a change in the

20-12 boundary of a zoning district in a county whose population is less

20-13 than 400,000, the governing body shall, to the extent this notice

20-14 does not duplicate the notice required by subsection 2, cause a

20-15 notice to be sent at least 10 days before the hearing to:

20-16 (a) The applicant;

20-17 (b) Each owner, as listed on the county assessor’s records, of

20-18 real property located within 300 feet of the portion of the boundary

20-19 being changed;

20-20 (c) Each owner, as listed on the county assessor’s records, of at

20-21 least 30 parcels nearest to the portion of the boundary being

20-22 changed, to the extent this notice does not duplicate the notice given

20-23 pursuant to paragraph (b); and

20-24 (d) Any advisory board which has been established for the

20-25 affected area by the governing body.

20-26 The notice must be sent by mail or, if requested by a party to whom

20-27 notice must be provided pursuant to paragraphs (a) to (d), inclusive,

20-28 by electronic means if receipt of such an electronic notice can be

20-29 verified, and be written in language which is easy to understand.

20-30 The notice must set forth the time, place and purpose of the hearing

20-31 and a physical description of, or a map detailing, the proposed

20-32 change [.] , must indicate the existing zoning designation, and the

20-33 proposed zoning designation, of the property in question, and

20-34 must contain a brief summary of the intent of the proposed

20-35 change.

20-36 4. If the proposed amendment involves a change in the

20-37 boundary of a zoning district in a county whose population is

20-38 400,000 or more, the governing body shall, to the extent this notice

20-39 does not duplicate the notice required by subsection 2, cause a

20-40 notice to be sent at least 10 days before the hearing to:

20-41 (a) The applicant;

21-1 (b) Each owner, as listed on the county assessor’s records, of

21-2 real property located within 500 feet from the portion of the

21-3 boundary being changed;

21-4 (c) Each owner, as listed on the county assessor’s records, of at

21-5 least 30 parcels nearest to the portion of the boundary being

21-6 changed, to the extent this notice does not duplicate the notice given

21-7 pursuant to paragraph (b); and

21-8 (d) Any advisory board which has been established for the

21-9 affected area by the governing body.

21-10 The notice must be sent by mail or, if requested by a party to whom

21-11 notice must be provided pursuant to paragraphs (a) to (d), inclusive,

21-12 by electronic means if receipt of such an electronic notice can be

21-13 verified and be written in language which is easy to understand.

21-14 The notice must set forth the time, place and purpose of the hearing

21-15 and a physical description of, or a map detailing, the proposed

21-16 change [.] , must indicate the existing zoning designation, and the

21-17 proposed zoning designation, of the property in question, and

21-18 must contain a brief summary of the intent of the proposed

21-19 change.

21-20 5. The exterior of the notice mailed pursuant to subsection 4

21-21 must bear a statement in at least 10-point bold type or font in

21-22 substantially the following form:

21-23 OFFICIAL NOTICE OF PUBLIC HEARING

21-24 6. In addition to sending the notice required pursuant to

21-25 subsection 4, in a county whose population is 400,000 or more, the

21-26 governing body shall, not later than 10 days before the hearing,

21-27 erect or cause to be erected on the property, at least one sign not

21-28 less than 2 feet high and 2 feet wide. The sign must be made of

21-29 material reasonably calculated to withstand the elements for 40

21-30 days. The governing body must be consistent in its use of colors for

21-31 the background and lettering of the sign. The sign must include the

21-32 following information:

21-33 (a) The existing zoning designation of the property in question;

21-34 (b) The proposed zoning designation of the property in question;

21-35 (c) The date, time and place of the public hearing;

21-36 (d) A telephone number which may be used by interested

21-37 persons to obtain additional information; and

21-38 (e) A statement which indicates whether the proposed zoning

21-39 designation of the property in question complies with the

21-40 requirements of the master plan of the city or county in which the

21-41 property is located.

22-1 7. A sign required pursuant to subsection 6 is for informational

22-2 purposes only, and must be erected regardless of any local

22-3 ordinance regarding the size, placement or composition of signs to

22-4 the contrary.

22-5 8. A governing body may charge an additional fee for each

22-6 application to amend an existing zoning regulation, restriction or

22-7 boundary to cover the actual costs resulting from the mailed notice

22-8 required by this section and the erection of not more than one of the

22-9 signs required by subsection 6, if any. The additional fee is not

22-10 subject to the limitation imposed by NRS 354.5989.

22-11 9. The governing body shall remove or cause to be removed

22-12 any sign required by subsection 6 within 5 days after the final

22-13 hearing for the application for which the sign was erected. There

22-14 must be no additional charge to the applicant for such removal.

22-15 Sec. 22. On or before January 1, 2001:

22-16 1. The governing body of a county whose population is 100,000 or

22-17 more shall designate initial smart growth zones as required pursuant to

22-18 subsection 1 of section 12.5 of this act.

22-19 2. The commission on economic development shall amend the state

22-20 plan for industrial development and diversification to include a provision

22-21 that promotes infill development in smart growth zones as required

22-22 pursuant to NRS 231.067, as amended by section 18 of this act.

22-23 3. The housing division of the department of business and industry

22-24 shall develop the policies to promote infill development in smart growth

22-25 zones as required pursuant to subsection 2 of NRS 319.160, as amended by

22-26 section 19 of this act.

22-27 Sec. 23. 1. This section and sections 1, 2, 3, 4, 5, 6, 7 to 12,

22-28 inclusive, 13, 14 and 15 of this act become effective on October 1, 1999.

22-29 2. Sections 3.5, 6.5, 12.5, 13.7, 14.3 and 18 to 20, inclusive, and 22 of

22-30 this act become effective on October 1, 1999, for the purposes of

22-31 preparations relating to the designation of smart growth zones pursuant to

22-32 subsection 1 of section 12.5 of this act, the amendment of the state plan for

22-33 industrial development and diversification pursuant to section 18 of this act

22-34 and the development of policies to promote infill development pursuant to

22-35 section 19 of this act and on January 1, 2001, for all other purposes.

22-36 3. Section 16 of this act becomes effective at 12:01 a.m. on October 1,

22-37 1999.

22-38 4. Sections 17 and 21 of this act become effective at 12:02 a.m. on

22-39 October 1, 1999.

22-40 5. Section 13.3 of this act becomes effective on January 1, 2000, for

22-41 the purposes of the compilation of the registry required pursuant to

22-42 subsection 3 of NRS 278.021 as amended by section 13.3 of this act and on

22-43 October 1, 1999, for all other purposes.

23-1 6. Section 14.7 of this act becomes effective on January 1, 2000.

23-2 7. The provisions of section 8 of this act expire by limitation on June 1,

23-3 2004.