A.

Application shall be made by the property owner or agent thereof to the community development department on forms provided by the city for this purpose.

B.

The application shall be full and complete, including such data as building and site plans, and other information required to assure presentation of all pertinent facts to assist in determining the validity of the request.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

A.

Amount Of Fees. The city council shall, by resolution, fix the amount of fees for application permits required or authorized by this title. The fees included with said resolution shall include, but not be limited to, the following:

1.

Amendments.

2.

Variances.

3.

Home occupations.

4.

Conditional use permits.

5.

Planned unit development permits.

B.

Collection Of Fees. Before the acceptance of filing for any application herein mentioned, the community development director shall charge and collect, or cause to be charged and collected, the fee in the amount so fixed. Said fee shall be deposited in the general fund of the city.

C.

Waiver Of Fees. A fee required under this title may be waived by the city council for any public body, district or agency of the federal, state, county or municipal government.

(Ord. 1321,2-13-2007, eff. 3-7-2007)

A.

Notices shall be provided in accordance with the following table:

B.

Notices shall be provided not less than ten (10) days prior to the date of the hearing before the planning commission or city council, as appropriate. Said notice shall state the name of applicant, nature of request, location of property, time and place of hearing, and shall advise that persons wishing to be heard on such matter may attend and be heard.

C.

Where public noticing is required, no standards shall be less than those established as per the Nevada Revised Statutes.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

A.

Setting Date Of Hearing. All proposals for applications listed under table 11-35-3A of this chapter which require a hearing as set forth by this title, shall be set by the community development director. Such hearings shall be set for the next available public meeting of the planning commission in accordance with the deadlines set by the community development director, or city council in accordance with the deadlines set by the city clerk, as appropriate, unless the applicant requests a later meeting date.

B.

Planning Commission Or City Council To Conduct. Public hearings as provided for in this chapter shall be conducted before the planning commission or city council, as appropriate. The planning commission may establish its own rules for the conduct of public hearings and it is hereby empowered to administer oaths to any person testifying before it.

C.

Summary Of Testimony. Summary of all pertinent testimony offered at a public hearing and the names of persons so testifying shall be recorded and made a part of the permanent files of the case under construction.

D.

Announcement Of Continuation. If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the presiding member at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which said hearing will be continued without recourse to the form of public notice as provided for in the first instance by this chapter.

E.

Decisions. Upon completion of a public hearing, the planning commission shall, not later than thirty five (35) days thereafter, render its decision on the matter so heard. Failure to so act within said thirty five (35) days shall serve to automatically and immediately refer the whole matter to the city council for such action as it deems warranted under the circumstances. In the event of such failure on the part of the planning commission, the community development director shall immediately deliver to the city council all the records of the matter involved.

F.

Announce And Record. The planning commission shall announce and record its action in the official records of the planning commission and shall recite the findings of the planning commission upon which it bases its decision.

G.

Decision Mailed. Not later than five (5) days after final action by the planning commission on an application, the decision in the matter shall be mailed to the applicant at the address shown upon the application.

H.

Final Decision; Appeal. The decision of the planning commission in the administrative matters of granting or denying shall be final, except when appealed. In the event of an appeal to the city council, the procedures as set forth in chapter 34 of this title shall be used.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

The planning commission, in granting a variance or permit, may establish reasonable conditions and such evidence and guarantees as it deems necessary to ensure that the conditions will be complied with, which in the opinion of the commission, shall assure the intent and purpose of this title.

A.

For Signs Or Sign Structures. If the application in respect to which the variance is sought has already been, or is being, constructed in violation of any of the provisions of this title, the planning commission or the city council, as applicable, in granting the application may condition the same upon the payment by the applicant therefor of a fee for such violation in an amount of up to one hundred percent (100%) of the value of such structure. The value shall be as determined in accordance with subsection 5-1-213 (section 304 of the city's building code) or as may be amended in title 5 of this code.

B.

For Structures. If the application in respect to which the variance, conditional use permit, and/or allotment is sought has already been, or is being, constructed in violation of any of the provisions of this title, the planning commission or the city council, as applicable, in granting the application may condition the same upon the payment by the applicant therefor of a fee for such violation in an amount of up to ten percent (10%) of the value of such structure. The value shall be as determined in accordance with subsection 5-1-213 (section 304 of the city's building code) or as may be amended in title 5 of this code.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

In order to allow for potential appeals, a variance or permit approved by the planning commission shall not become effective until seven (7) calendar days after the date of the decision.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Each variance or permit granted under the provisions of this chapter shall become null and void unless:

A.

The construction and/or use authorized by such variance or permit has been commenced within two (2) years from the date of the granting of such variance or permit and pursued diligently to completion.

B.

The occupancy of land or buildings authorized by such variance or permit has taken place within two (2) years from the date of the granting thereof.

(Ord. 1321, 2-13-2007, eff. 3-7-2007; amd. Ord. No. 1696, 2-28-2023, eff. 3-23-2023)

Extensions of time limits may be granted by the planning commission upon the showing of good faith and effort by the applicant to comply therewith and failure to so comply by reason of conditions beyond the applicant's control.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

A.

Any variance or permit, currently in effect or issued under the terms of this title, shall be subject to temporary revocation by the community development director on any one or more of the following grounds:

1.

The approval was obtained by fraud.

2.

The permit or variance granted is being or recently has been exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation.

3.

The use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.

B.

The community development director shall send a notice of any revocation to the permittee's last known address and a copy shall be filed with the planning commission. Such notice shall be in writing, state the name of the permittee, location of property, permit number, nature of the violation, state whether the revocation is automatic or temporary, and advise the permittee that he may be heard by the planning commission, with date, time and place of meeting indicated thereon, if he wishes to be heard on such matter. Noticing requirements shall be the same as for the original application.

C.

The planning commission shall have the authority to determine whether or not such temporary revocation shall be sustained and the variance or permit shall be revoked, or whether such variance or permit shall be modified. Such revocation or modification shall be duly made and carried by motion of the appointed members of the planning commission after the permittee has been given an opportunity to be heard on the matter.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)