Amendment No. 272

 

Assembly Amendment to Assembly Bill No. 244                                                                  (BDR S‑919)

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 renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1. NRS 278.261 is hereby amended to read as follows:

     278.261  1.  In a county with a population of 400,000 or more, the governing body may designate as a rural preservation neighborhood a subdivided or developed area:

     (a) Which consists of at least 160 acres, not more than one-third of the boundaries of which are within 330 feet from an existing or proposed street or highway that is 120 feet or more in width;

     (b) Which consists of 10 or more residential dwelling units;

     (c) Which is rural both as to the character of the area and as to the lifestyle of the residents of the area;

     (d) Where the outer boundary of each lot that is used for residential purposes is not more than 330 feet from the outer boundary of any other lot that is used for residential purposes;

     (e) Which has no more than two residential dwelling units per acre;

     (f) In which residents are allowed to raise or keep animals noncommercially; and

     (g) In which open space, the natural landscape and vegetation predominate in comparison to structures and the artificially landscaped environment.

     2.  If a governing body designates a subdivided or developed area as a rural preservation neighborhood pursuant to subsection 1, the governing body shall takesuch actions as are necessary and appropriate to ensure that the rural character of [each] the rural preservation neighborhood is preserved [.

     2.  Unless a rural preservation neighborhood is located within 330 feet of an existing or proposed street or highway that is more than 99 feet wide, the governing body shall, to the extent practicable, adopt] , including, without limitation, adopting any zoning regulation or restriction that is necessary to:

     (a) Maintain the rural character of the area developed as a low density residential development;

     (b) Except as otherwise provided in subsection 4, ensure that the average residential density for that portion of the zoning request that is located within 330 feet of a rural preservation neighborhood does not exceed three residential dwelling units per acre; and

     (c) Provide adequate buffer areas, adequate screening and an orderly and efficient transition of land uses, excluding raising or keeping animals commercially or noncommercially.

     3.  The governing body may modify the standards for the development of infrastructure to maintain the rural character of the rural preservation neighborhood.

     4.  The governing body may, for good cause shown, allow a greater density or intensity of use when that use is less than 330 feet from a rural preservation neighborhood.

     5.  The governing body shall review the designation of each rural preservation neighborhood to determine whether the neighborhood continues to meet the requirements of subsection 1 each time the applicable master plan is reviewed or revised, but in no case may the review required pursuant to this subsection be carried out less frequently than once during each 5-year period following the designation of a rural preservation neighborhood pursuant to subsection 1. If, after a review carried out pursuant to this subsection, the governing body determines that a rural preservation neighborhood no longer meets the requirements of subsection 1, the governing body may revoke the designation of the area as a rural preservation neighborhood.”.

     Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 3 and 4, following section 1, to read as follows:

     “Sec. 3. NRS 278.0177 is hereby repealed.

     Sec. 4. The provisions of NRS 278.261, as amended by section 1 of this act, apply to a rural preservation neighborhood in existence on July 1, 2003.”.

     Amend the bill as a whole by adding the text of the repealed section to read as follows:

 

TEXT OF REPEALED SECTION

 

 

     278.0177  “Rural preservation neighborhood” defined. “Rural preservation neighborhood” means a subdivided or developed area:

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

     2.  Where the outer boundary of each lot that is used for residential purposes is not more than 330 feet from the outer boundary of any other lot that is used for residential purposes;

     3.  Which has no more than two residential dwelling units per acre; and

     4.  Which allows residents to raise or keep animals noncommercially.”.

     Amend the title of the bill to read as follows:

AN ACT relating to rural preservation neighborhoods; revising the requirements for the protection of an area as a rural preservation neighborhood; requiring that the designation of an area as a rural preservation neighborhood be reviewed periodically; authorizing a governing body to revoke the designation of an area as a rural preservation neighborhood under certain circumstances; eliminating the prospective expiration of certain provisions for the protection of rural preservation neighborhoods; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Eliminates prospective expiration of provisions for protection of rural preservation neighborhoods and revises provisions relating to protection of rural preservation neighborhoods. (BDR 22‑919)”.