Senate Bill No. 142–Committee on Government Affairs

 

(On Behalf of Douglas County)

 

February 18, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions concerning adoption or amendment of master plan by governing body of local government. (BDR 22‑424)

 

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; authorizing the governing body of a local government to enact an ordinance requiring at least a two-thirds majority vote of the total membership of the governing body to adopt or amend a master plan; 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 278.220 is hereby amended to read as follows:

1-2  278.220  1.  Except as otherwise provided in subsection 4 of

1-3  NRS 278.150:

1-4  [1.] (a) Upon receipt of a certified copy of the master plan, or of

1-5  any part thereof, as adopted by the planning commission, the

1-6  governing body may adopt such parts thereof as may practicably be

1-7  applied to the development of the city, county or region for a

1-8  reasonable period of time next ensuing.

1-9  [2.] (b) The parts must thereupon be endorsed and certified as

1-10  master plans thus adopted for the territory covered, and are hereby

1-11  declared to be established to conserve and promote the public

1-12  health, safety and general welfare.

2-1  [3.] 2. Before adopting any master plan or any part thereof, or

2-2  any amendment, extension or addition thereof, the governing body

2-3  shall hold at least one public hearing thereon, notice of the time and

2-4  place of which must be published at least once in a newspaper of

2-5  general circulation in the city or counties at least 10 days before the

2-6  day of hearing.

2-7  3.  The adoption of the master plan or any part thereof, or any

2-8  amendment, extension or addition thereof, must be by resolution

2-9  of the governing body carried by the affirmative vote of not less

2-10  than a majority of the total membership of the governing body

2-11  unless an ordinance enacted pursuant to subsection 4 is in effect.

2-12      4.  The governing body, by a majority vote of its total

2-13  membership, may enact an ordinance requiring that the adoption

2-14  of the master plan or any part thereof, or any amendment,

2-15  extension or addition thereof, must be by resolution of the

2-16  governing body carried by the affirmative vote of not less than

2-17  two-thirds of the total membership of the governing body.

2-18      5.  No change in or addition to the master plan or any part

2-19  thereof, or any amendment, extension or addition thereof, as

2-20  adopted by the planning commission, may be made by the

2-21  governing body in adopting the same until the proposed change or

2-22  addition has been referred to the planning commission for a report

2-23  thereon and an attested copy of the report has been filed with the

2-24  governing body. Failure of the planning commission so to report

2-25  within 40 days, or such longer period as may be designated by the

2-26  governing body, after such reference shall be deemed to be approval

2-27  of the proposed change or addition.

 

2-28  H