Nevada Revised Statutes 278.3195 – Governing body to adopt ordinance allowing appeal to governing body concerning certain decisions regarding use of land; required contents of ordinance; appeal of decision of governing body to district court
1. Except as otherwise provided in NRS 278.310, each governing body shall adopt an ordinance providing that any person who is aggrieved by a decision of:
Terms Used In Nevada Revised Statutes 278.3195
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- population: means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Nevada Revised Statutes 0.050
(a) The planning commission, if the governing body has created a planning commission pursuant to NRS 278.030;
(b) The board of adjustment, if the governing body has created a board of adjustment pursuant to NRS 278.270;
(c) A hearing examiner, if the governing body has appointed a hearing examiner pursuant to NRS 278.262; or
(d) Any other person appointed or employed by the governing body who is authorized to make administrative decisions regarding the use of land, may appeal the decision to the governing body. In a county whose population is 700,000 or more, a person shall be deemed to be aggrieved under an ordinance adopted pursuant to this subsection if the person appeared, either in person, through an authorized representative or in writing, before a person or entity described in paragraphs (a) to (d), inclusive, on the matter which is the subject of the decision.
2. Except as otherwise provided in NRS 278.310, an ordinance adopted pursuant to subsection 1 must set forth, without limitation:
(a) The period within which an appeal must be filed with the governing body.
(b) The procedures pursuant to which the governing body will hear the appeal.
(c) That the governing body may affirm, modify or reverse a decision.
(d) The period within which the governing body must render its decision except that:
(1) In a county whose population is 700,000 or more, that period must not exceed 45 days.
(2) In a county whose population is less than 700,000, that period must not exceed 60 days.
(e) That the decision of the governing body is a final decision for the purpose of judicial review.
(f) That, in reviewing a decision, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020.
(g) That the governing body may charge the appellant a fee for the filing of an appeal.
3. In addition to the requirements set forth in subsection 2, in a county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 must:
(a) Set forth procedures for the consolidation of appeals; and
(b) Prohibit the governing body from granting to an aggrieved person more than two continuances on the same matter, unless the governing body determines, upon good cause shown, that the granting of additional continuances is warranted.
4. Any person who:
(a) Has appealed a decision to the governing body in accordance with an ordinance adopted pursuant to subsection 1; and
(b) Is aggrieved by the decision of the governing body, may appeal that decision to the district court of the proper county by filing a petition for judicial review within 25 days after the date of filing of notice of the decision with the clerk or secretary of the governing body, as set forth in NRS 278.0235.
5. As used in this section, ‘person’ includes the Armed Forces of the United States or an official component or representative thereof.