Senate Bill No. 279–Committee on Government Affairs

 

(On Behalf of Washoe County)

 

March 7, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Prohibits cities in certain counties from exercising certain powers of zoning in certain circumstances. (BDR 22‑497)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; prohibiting cities in certain counties from exercising certain powers of zoning within a sphere of influence in certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 278.02788 is hereby amended to read as follows:

1-2    278.02788  1.  If a city has a sphere of influence that is designated in

1-3  the comprehensive regional plan, the city shall adopt a master plan

1-4  concerning the territory within the sphere of influence. The master plan and

1-5  any ordinance required by the master plan must be consistent with the

1-6  comprehensive regional plan. [After] Except as otherwise provided in

1-7  subsection 2, after adoption and certification of a master plan concerning

1-8  the territory within the sphere of influence and after adopting the

1-9  ordinances required by the master plan, if any, the city may exercise any

1-10  power conferred pursuant to NRS 278.010 to 278.630, inclusive, within its

1-11  sphere of influence.

1-12    2.  If a city has not annexed territory within its sphere of influence,

1-13  any zoning ordinance or regulation or amendment thereto adopted by the

1-14  governing body of the city pursuant to NRS 278.250 or 278.260 which

1-15  authorizes:

1-16    (a) The density of land use within that territory to exceed the density

1-17  of land use authorized for that territory pursuant to the master plan for

1-18  the county in which the city is located; or

2-1    (b) A use of land within that territory which is not authorized for that

2-2  territory pursuant to the master plan for the county in which the city is

2-3  located,

2-4  is not effective until the city annexes that territory, unless the governing

2-5  body of the county in which the city is located approves such an increase

2-6  in density or such a land use by resolution.

2-7    3.  If the comprehensive regional plan designates that all or part of the

2-8  sphere of influence of a city is a joint planning area, the master plan and

2-9  any ordinance adopted by the city pursuant to subsection 1 must be

2-10  consistent with the master plan that is adopted for the joint planning area.

2-11    [3.  Before certification of the master plan for the sphere of influence

2-12  pursuant to NRS 278.028, any]

2-13    4.  Any action taken by the county pursuant to NRS 278.010 to

2-14  278.630, inclusive, within the sphere of influence of a city regarding

2-15  territory that the city has not annexed must be consistent with the

2-16  comprehensive regional plan.

2-17    [4.] 5.  A person[, county or city that is represented on the governing

2-18  board and] who is aggrieved by a final determination of the [county or,]

2-19  city after the certification of the master plan for [a] the sphere of influence

2-20  [, is aggrieved by a final determination] of the city, concerning zoning, a

2-21  subdivision map, a parcel map or the use of land within the sphere of

2-22  influence of the city, may appeal the decision to the regional planning

2-23  commission within 30 days after the determination. A person, county or

2-24  city that is aggrieved by the determination of the regional planning

2-25  commission may appeal the decision to the governing board within 30 days

2-26  after the determination. A person, county or city that is aggrieved by the

2-27  determination of the governing board may seek judicial review of the

2-28  decision within 25 days after the determination.

 

2-29  H