This title shall be known and may be cited in all proceedings as the "Churchill County Consolidated Code."

(Bill No. 2005-F § 2.2, 2005)

1. The board of county commissioners (hereinafter in this title referred to as "board") may:
   1. Divide Churchill County into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within those districts.
   2. Adopt master plans for Churchill County that will serve as a pattern and guide for the kind of orderly physical growth and development of the overall county that will minimize impairment of the natural resources.
   3. Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The board shall carry out the provisions of subsection A1 of this section in the manner prescribed by NRS chs. 278 and 278A.

(Bill No. 2005-F § 2.2, 2005)

1. Purpose. The purpose of this section is to specify the establishment and authority of the county planning commission (hereinafter in this title referred to as "commission").
2. Authority; powers; duties; review by the board.
   1. The commission is hereby created pursuant to NRS § 278.030.
   2. The commission shall perform all duties and functions delegated to a county planning commission by the terms of NRS §§ 278.010 to 278.630.
   3. The commission shall take action to approve, conditionally approve or deny special use permits, variances, and appeals of administrative decisions. The commission shall hear applications and recommend to the board of county commissioners' action on changes to the master plan, zoning districts, amendments to ordinances, and all other appropriate subjects.
   4. On matters where the commission takes final action, the proponent, any aggrieved party, or member of the board may appeal the decision to the board.
   5. On matters where the commission makes a recommendation to the board, the board by majority vote may affirm, deny, or return the recommendation to the commission for further consideration of any proposed recommendations.
3. Membership; terms of office; vacancies; removal; attendance by director.
   1. There shall be seven members of the commission.
   2. The terms of the members shall be four years or until a successor takes office.
   3. Vacancies occurring before the expiration of a commissioner's term shall be filled for the remaining unexpired portion of the term.
   4. Members shall perform their duties pursuant to the planning commission bylaws and may be removed, after a public hearing, by a majority vote of the board for inefficiency, neglect of duty, or malfeasance in office.
   5. The planning director (hereinafter in this title referred to as "director") or his/her designee shall be in attendance at all commission meetings.
4. Qualifications.
   1. The board shall appoint the members of the commission.
   2. The members shall be residents of Churchill County therein at the time of their appointment and continuously throughout their term.
5. Compensation. All members of the commission shall serve with compensation as approved by the Churchill County commissioners.
6. Meetings and records.
   1. The commission shall hold at least one regular meeting each month.
   2. The commission shall adopt bylaws and rules for the transaction of their business and shall keep a record of its decisions and findings. This record shall be a public record.
   3. Complete records of official actions of the commission shall be kept on file in the office of the planning department.
7. Chairman and other officers.
   1. The commission shall elect yearly its chairman from among the appointed members.
   2. The commission shall elect yearly other officers as it may determine necessary.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2010-G, 2010)

1. Purpose. The purpose of this section is to specify the authority of the Planning Director (hereinafter in this title referred to as "Director").  
3. Authority; powers; duties; review by the board. 
   1. The Director is hereby appointed as the Administrator of this Title. 
   3. The Director shall perform all duties and functions delegated to the planning director by this Title or by the terms of NRS §§ 278.010 to 278.630. 
   5. The Director shall be responsible for the interpretation of this Title. 
   7. On matters where the Director takes final action, the proponent, any aggrieved party, or member of the board may appeal the decision to the planning commission. 
   9. On matters where the Director makes a recommendation to the board or commission, the board or commission by majority vote may affirm, deny, or return the recommendation to the Director for further consideration of any proposed recommendations.
      

1. Purpose of title. The purpose of this title is to promote the health, safety and general welfare of Churchill County's citizens through implementation of the Churchill County master plan and its elements. It is the intent of the board and the commission that regulatory decisions made pursuant to this title shall promote orderly and appropriate use of land throughout Churchill County and be consistent with the goals, policies, objectives and programs of the master plan and its elements.
2. Purpose of board and commission. It is the purpose and intent of the board and commission that this title promotes NRS §§ 278.010 through 278.630, inclusive, and the following purposes:
   1. To coordinate and ensure the execution of the Churchill County master plan and its elements through effective implementation of development review requirements, adequate facility and services review.
   2. To establish a system of comprehensive, consistent and equitable regulations, standards and procedures for the review and approval of all proposed land development within the county.
   3. To implement the process-oriented standards located in this title.
   4. To implement design-oriented standards contained in the development standards, which is parallel authority to this title.
3. Administration of this title. The Churchill County planning director shall administer this title. For the purposes of this title, the term "director" means the director of the planning department or the director's designee. The director shall determine when any application under his/her jurisdiction is complete.
4. Jurisdiction, interpretation and application. The provisions and standards contained in this title, as well as the standards contained in the development standards, shall be deemed to be minimum standards with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative discretion of the board to further restrict the permitted uses or to withhold or revoke permits for uses when the protection of the public health, safety, and welfare is necessary. Ordinance requirements found in this title and the corresponding development standards ordinance requirements shall apply to all properties within Churchill County.
   1. Conflicts with other provisions. When this title imposes a greater restriction upon the use of land, or upon height, bulk, location or use of buildings than is required by existing provisions of law or by private covenant or other restriction, the provisions of this title shall prevail.
   2. Rules of interpretation. In interpreting the language of this title, the rules set out in this chapter shall be observed unless the interpretation would be inconsistent with the expressed language of this title.
   3. Text control. In case of any conflict between the text of this title and any figure, the text shall control.
   4. Computation of time. The time within which an act is to be performed shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or legal holiday, the period runs until the next day which is not a Saturday, Sunday, or legal holiday. The following time related words shall have the meanings ascribed below:
      
      DAY: A calendar day unless otherwise stated.
      
      MONTH: One calendar month.
      
      WEEK: Seven calendar days.
      
      YEAR: A calendar year, unless a fiscal year is indicated.
   5. Other clarifications.
      1. Headings. The headings contained in this title are for convenience only and do not limit or modify the intent or meaning of the provisions.
      2. Tense. Unless clearly indicated to the contrary, words used in the present tense shall include the future, words used in the plural shall include the singular, words used in the singular shall include the plural and words of one gender shall include the other.
      3. Use Of Certain Words. The words "shall", "must", and "will" are always mandatory. The term "may" is discretionary. Words and phrases shall be construed according to the common and approved usage in the language, except for technical words and phrases that may have acquired a peculiar and appropriate meaning.
      4. Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:
         1. "And" indicates that all connected items or provisions apply; and
         2. "Or" indicates that the connected items or provisions may apply singularly or in any combination.
   6. Delegation of authority. Whenever reference is made to the head of a department or to some other county officer or employee, the reference shall be construed as authorizing the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or duty, unless expressly provided otherwise.
   7. Nonconforming uses. Amendments to this title may create nonconforming uses. In this instance, standards from the previous code still apply to property made nonconforming by the amended code. All applications and permits that have been filed and are in process of review and approval, or when construction is occurring at the time of zoning changes to this title, will be reviewed and approved under the terms of the previous title in effect at the time of application.
   8. Enforcement. It is unlawful for any person, firm or corporation, whether as a principal, agent, employee, or otherwise (hereinafter referred to as "party"), to construct, build, convert, alter, erect, and maintain a building, structure or any use of property, equipment, or operation in violation of a provision of this title.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2006-G, 2006; Bill No. 2007-G, 2007; Bill No. 2007-I, 2007)

1. Authority. This title and the zoning map incorporated herein may be amended, repealed or supplemented by the board. The commission shall review each application and shall make a recommendation to the board. The board, by majority vote, may affirm, deny, modify or return the recommendation to the commission for further consideration.
2. Application requirements.
   1. Amendments to this title or the county's official zoning map may be initiated by the commission, the board, or an owner of a lot or parcel, by filing with the director a signed and complete application, accompanied by the necessary fee, and application materials including all evidence and facts required under this section.
   2. Before an application for a zoning map amendment or consolidated development code amendment may be considered the applicant must meet with planning department staff to discuss the application and procedure prior to completing the application. Once the application is complete (but prior to signing and making copies) the applicant shall meet again with planning department staff to review the application to check for accuracy and detail.
   3. All sections of an application must be complete and accurate or the application may be delayed to allow all the necessary information to be obtained.
   4. If a zoning map amendment is denied by the board, an application may not be resubmitted for one year, unless there is a substantial change in circumstances.
3. Review. The director shall review each application to ensure that the proposal is consistent with the requirements of this title.
4. Hearing.
   1. The commission shall first hold a public hearing on all proposed amendments.
   2. Such hearings shall be held within 45 days following the acceptance of a complete application.
   3. When the commission deems it proper, it may consider other property for change in addition to that sought in a zoning map amendment application; provided, that proper notice has been given pursuant to this section.
5. Findings. The applicant for a zoning map amendment or consolidated development code amendment shall have the burden of proof to provide facts supporting the proposed zoning map amendment or consolidated development code amendment. For purposes of legal clarity, this shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the commission and the board. Additionally, the applicant shall provide adequate information in the application and on the site plan to substantiate the findings required in this subsection. The commission and board shall determine if the information presented is adequate to support their decisions.
   1. Before a zoning map amendment may be recommended for approval, the applicant shall provide evidence to the commission and board concerning the physical use of land and zoning currently existing in the general vicinity, and which have occurred in the previous five-year time period, and describe:
      1. How growth and/or other development factors in the community support a change in the land use.
      2. The change in land use represents orderly development and that adequate services and infrastructure to support the proposed land use are available in the area.
      3. The change in zoning provides for an appropriate use of the land.
      4. The proposed zoning is in substantial conformance with the master plan and other adopted plans and policies.
      5. The proposed zoning and project is sensitive to and compatible with the use and development of the adjacent properties.
   2. The commission, in forwarding a recommendation to the board for approval of a zoning map amendment or consolidated development code amendment shall make the following findings of fact:
      1. That the proposed amendment is in substantial compliance with and supports the goals and policies of the master plan;
      2. That the proposed amendment will provide for land uses compatible with existing adjacent land uses and will not have detrimental impacts to other properties in the vicinity;
      3. That the proposed amendment will not negatively impact existing or planned public services or facilities and will not adversely impact the public health, safety and welfare.
6. Decision.
   1. Following the public hearing, the commission shall determine if there is adequate evidence in the record to support the facts and findings required by this section and shall recommend to approve or deny the request for the zoning map amendment or consolidated development code amendment.
   2. The applicant may request a continuance of any application for a zoning map amendment or consolidated development code amendment to a future meeting. A continuance suspends the time lines established in Nevada Revised Statutes and this title.
7. Notice. Notice of time and place of such hearings shall be published in a newspaper of general circulation in Churchill County, not less than ten days prior to the date of such hearing. Upon application for a zoning map amendment the commission shall mail to the applicant, to all property owners of record as shown on the latest equalized assessment rolls within 300 feet of the exterior boundaries of any property proposed for reclassification and to all property owners of land within such area proposed for reclassification and to each tenant of a manufactured/mobile home park if that park is located within 300 feet of the property in question; and to each unique property owner, as listed on the county assessor's records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given above, written notice of the time, place and date of such hearing and the general location of the property of the addressee with reference to the property proposed for change, not less than ten days prior to the public hearing date.
8. Report to the Board.
   1. After the hearing of the commission, the commission shall make a recommendation on the application to the board.
   2. The commission shall also forward to the board a copy of its decision and findings in accordance with this section recommending approval, modification or denial of the proposed zoning map amendment or consolidated development code amendment.
   3. Failure of the commission to report within 30 days of the date of its hearing, unless the hearing date has been continued with the applicant's concurrence, shall be deemed a recommendation of approval.
   4. The applicant or the commission, with the applicant's concurrence, may continue any application for a zoning map amendment or consolidated development code amendment to a future meeting in order to ensure that the applicant has adequate time to present required information or other materials needed for consideration of the decision. A continuance, when approved with applicant concurrence, suspends the time lines established in Nevada Revised Statutes and this title.
9. Action by board. The board shall consider the evidence relating to the zoning map amendment or consolidated development code amendment and may approve, modify or deny the recommendation of the commission.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2006-G, 2006; Bill No. 2010-G, 2010)

1. Zoning Review Generally. A Zoning Review is an authorization for a property owner to develop a property for a use that is allowed whenallowedwhen developed in compliance with the standards adopted in this Title. These uses do not require any special conditions or requirements other than compliance with general code standards.
2. Application Requirements. Applicants shall provide the following to the Director prior to use:
   1. The required completed application form as adopted by the Director.
   2. A general site plan showing the location of all proposed structures, utilities, easements, and improvements.
   3. An affidavit by the owner of record of the parcel or easement in which work is to be performed consenting to the submission of the application. If performed in an easement, proof that the landowner has been notified of the project.
   4. The fee as prescribed by the Board.
3. Application Review and Approval. The shall review each application to ensure that the proposal is consistent with the requirements of this title and shall authorize the land use if the standards of this Title are met. If a standard of this Title is not met, the director shall inform the applicant of the deficiency and provide no more than thirty days to correct the application. Failure to cure or complete the applications within thirty days shall be deemed a denial without further opportunity to amend the application unless waived by the Director.
   

A temporary use permit authorizes the placement of temporary living quarters for a specific limited purpose that is intended to cease after a limited period of time. It is unlawful to reside in a temporary living quarters outside a manufactured/mobile home park or recreational vehicle park for longer than 90 cumulative days within a 365-day period except as provided below.

1. Authority. The Director shall have the discretionary authority to issue a temporary use permit application that does not meet the criteria set forth in this chapter that meets the criteria set forth in this chapter. The Director may request supplemental information or deny a temporary use permit.
2. Types of temporary use permits and their criteria.
   1. Temporary living quarters for farm labor: A temporary living quarters for farm labor is only permitted in conjunction with a bona fide functioning farming or ranching operation where:
      1. The amount, type and/or frequency of the labor needed in the farm or ranch operation is greater than what could be reasonably expected of the property owner to accomplish without additional help;
      2. The resident of the temporary living quarters is an employee of the farm; and
      3. The temporary living quarters will be on the same or adjoining parcel to the farming or ranching operation.
         
   2. Temporary watchman's quarters: A temporary watchman's quarters is only permitted in conjunction with a commercial or industrial operation having a demonstrated need for security where:
      1. Other reasonable methods of security have been attempted without success; and
      2. The watchman's quarters is placed on the parcel of the commercial or industrial operation and located in a manner to effectively provide security.
   3. Temporary caretaker quarters: A temporary caretaker quarters is only permitted to be used to alleviate hardship on a lot or parcel which has a permanent residence thereon where:
      1. The temporary caretaker quarters is resided in by a person over seventy (70) years of age or is physically or mentally disabled, that requires care and the residents of the permanent residence will be providing attendant care; or
      2. The temporary caretaker quarters is resided in by an attendant caring for a person over seventy (70) years of age, or who is physically or mentally disabled, that requires care.
   4. Temporary quarters for home construction: A temporary quarters for home construction may only be permitted on a parcel during the construction, placement, renovation, or remodel of an on-site permanent dwelling on that parcel. The temporary quarters for home construction permit may only be issued upon satisfactory evidence that:
      1. The temporary living quarters is a recreational vehicle (RV) or a camper, and will not include a trailer, mobile home or manufactured home that could be used as a long-term residence;
      2. The temporary living quarters is placed in a suitable location that will not interfere with home construction as shown on a site plan of the property;
      3. The permanent dwelling will be the permanent dwelling will be constructed in a manner compliant with Churchill County Code as shown by architectural drawings, construction drawings, or building permit for the construction; and
      4. Constructed in a timely manner as shown by a contract with a licensed contractor to complete the work or a statement that the work will be self-performed according to a provided construction schedule.
         
   5. Temporary office during non-residential construction: A temporary office during non-residential construction may only be permitted on a lot or parcel in any land use district during construction of permanent non-residential facilities where:
      1. The temporary office is a commercial coach located on the same lot or parcel as the permanent facility or commercial facility;
      2. A valid building permit for construction of the permanent facility has been issued; and
      3. The temporary office will be removed within ninety (90) days of the completion of the permanent facilities.
   No temporary use permit of any type may be issued that is incompatible with other existing uses within the same general area, constitutes a nuisance, or overburdens improvements or facilities.
3. Application requirements. Before a temporary use permit may be considered for approval the applicant shall file with the Director:
   1. A complete temporary use permit application signed by at least one owner of record of the property on a form prescribed by the Director. The application shall include all plans, documents, drawings, or other evidence detailed applicant wishes of the Director property including location of the support of the application;
   2. A detailed site plan plan of the subject property including location of the proposed temporary living quarters, location of sewer, water, and electricity connections, setback requirements, and any planned construction on the parcel;
   3. The fee as prescribed by resolution of the Board of County Commissioners;
   4. Proof that water and electrical connections for the temporary living quarters are present and ready to be connected;
   5. Proof that a waste disposal connection or suitable alternative is available on the property for the temporary living quarters; and
   6. A safety certificate issued by the Nevada Manufactured Housing Division for any manufactured/mobile home or commercial coach.
4. Application review. The director shall review each application to ensure that the proposal is consistent with the requirements of this title. The Director shall cause notice to be issued to neighboring landowners in accordance with this title and consider evidence and facts from the applicant and any neighbor or member of the public relative to the proposed temporary use permit. The Director shall issue the temporary use permit if the application indicates, by a preponderance of the evidence, that all required criteria of the permit sought are met and the temporary use will not be incompatible with surrounding land uses, create a nuisance or overburden improvements or facilities.
5. Conditions of approval. The Director, in approving any temporary use permit, may require certain conditions under which the lot or parcel may be used, if, in the Director's opinion, the use will otherwise be incompatible with other existing uses within the same general area or will constitute a nuisance or will overburden improvements or facilities.
6. Renewal requirements. Temporary use permits are valid for no more than one year. Temporary use permit holders may request renewal prior to the expiration of the permit using appropriate forms and accompanied by required fees. Any renewal for less than one year shall have its fee prorated.
   1. A temporary use permit renewal request for farm labor must be renewed annually by providing the planning department with an annual renewal fee and must include evidence that the farming operation is active.
   2. A temporary use permit renewal request for watchman's quarters must include evidence that the commercial or industrial operation is active. The absence of an active business license for commercial or industrial operations that are required to hold a business license will automatically terminate the temporary use permit.
   3. A temporary use permit renewal request for caretaker cases must have evidence including, but not limited to, letters from a medical practitioner, showing the original need for said permit still exists.
   4. A temporary use permit renewal request for constructing or renovating a permanent residence must include evidence of substantial progress towards completion and an estimated time for completion. A temporary use permit for renovating or constructing a permanent residence may not extend for a period longer than three years from its original date of issuance.
   5. A temporary use permit renewal request for a temporary office during the construction of permanent facilities must include evidence of substantial progress towards completion and an estimated time for completion. A temporary use permit for a temporary office may not extend for a period longer than three years from its original date of issuance.
7. Termination requirements. If a temporary permit expires or is not renewed the temporary living quarters or office must be removed from the property within 90 days of receipt of a notice of termination. In cases where a travel trailer or recreational vehicle has been utilized for the purposes of a temporary use permit, said vehicle may remain on the subject property but must be disconnected from any and all utilities and cease to be used for the purposes outlined in the temporary use permit.
8. Expiration.
   1. A use permitted by an approved temporary use permit must be enacted, which includes, without limitation, setup of temporary residence, connections to existing well and sewer, inspection of connections by the building department, etc., within six months from the date of approval. Failure to enact the permit shall invalidate the temporary use permit. Without further action, the temporary use permit shall be null and void and such use shall not be made of the property except upon the granting of a new temporary use permit.
   2. A temporary use permit that is not renewed will be terminated without further action.
   3. A temporary use permit shall be, upon violation, subject to revocation or termination by the Director.
   4. Once the need for which a temporary use permit has been granted no longer exists the permit is considered void and the temporary use granted must be discontinued.
9. Reinstatement of Expired Permit. In all cases where a temporary use permit has terminated, an applicant may submit an application for reinstatement within thirty (30) days of the termination. An application for reinstatement must include all documentation for a standard renewal request in addition to a reinstatement fee set by resolution of the Board of County Commissioners. The Director shall not permit a renewal request more than 30 days after expiration of the temporary use permit.

(Bill No. 2019-A, 2019; Bill No. 2020-A, 7-2-2020)

1. Conditional Zoning Permits Generally. A Conditional Zoning Permit is a process by which a property owner receives authorization to develop a use that is allowed when developed under certain specific conditions and in compliance with the standards adopted in this Title. An individual review of location, design and configuration of the proposed use is required to ensure negative impacts of the use are mitigated and the use remains compatible with surrounding uses and the community.
   
2. Application Requirements. Applicants shall provide all documentation necessary to review the proposed use including, but not limited to, its potential impacts, proposed mitigations, risk profiles, and timelines of construction as specified herein:
   1. The required completed application form as adopted by the Director. 
   2. A detailed site plan showing the location of all proposed structures, utilities, easements, and any improvements required by this Title. Detailed site plans must be prepared by a licensed engineer, architect, or contractor unless such requirement is waived by the Planning Director.
   3. An affidavit by the owner of record of the parcel or easement in which work is to be performed consenting to the submission of the application. If performed in an easement, proof that the landowner has been notified of the project.
   4. The fee as prescribed by the Board.
   5. Any necessary deposit for professional review. Any new or amended application under this section that warrants significant internal or external review, specialized/skilled professional review, or any other expert assistance whether in the review of the application or future monitoring shall be required to pay all reasonable costs associated with such review. Applicants shall deposit with the county the expected costs of such extraordinary review in an amount up to $50,000.00 prior to considering the application complete. Applicants may be required to deposit additional funds as costs are incurred in the review process. All funds deposited pursuant to this section shall be used for services provided by specialized or skilled professionals retained or employed by the county to review and provide consultation in determining the possible impacts of the proposed use, conditions to be placed upon the use, or to assist in oversight of the development of the proposed use. If the deposit is required, the application shall not be deemed complete until the deposit is lodged with the county. Any deposited funds remaining after the initial zoning review is complete shall be retained and utilized by the county for services provided by specialized or skilled professionals retained by the county to monitor compliance with the conditions of the use. At the time the use is approved, as a condition of the use, applicants may be required to deposit additional funds on an annual basis associated with monitoring the continued operations of the use.
3. Application Review and Decision. The director shall review each application to ensure that the proposal is consistent with the requirements of this title as follows:
   1. The Director shall ensure that each application that has potential impacts upon public services and infrastructure, public health and safety, or environmental safety is reviewed for the purposes of assessing the impact of the proposed use by applicable county and state staff including, but not limited to, the county health officer, the sheriff, the Fallon/Churchill fire marshal, the road supervisor, and the building official. 
   2. The Director shall impose any reasonable condition on the property as necessary to mitigate any potential impacts to public services and infrastructure, public health and safety, and environmental health and safety, and ensure compatibility with the Master Plan and surrounding land uses and development.
   3. The Director may issue, issue with conditions, or deny each application subject to the requirements of this Title
      
4. Bond for Removal of Exterior Facilities. With placement of physical facilities other than a building (i.e., cell tower, geothermal facility, solar field, etc.) the director may also require a performance bond, or other equivalent surety acceptable to Churchill County, for all new exterior facilities, including relocation of existing facilities where a previous bond has not been accepted. The bond shall be in an amount sufficient to provide for removal, storage or disposal of the facilities and to restore the site including stabilization and re-vegetation as necessary and shall include an additional 15 percent contingency. An estimate of the removal cost from a licensed company experienced in contracting for removal of standard components shall accompany the bond. Unless the facility is located on property owned by a governmental entity where a guarantee is in place for removal of the facility when no longer in use, a separate bond will be required for each facility regardless of owner(s) or location. All bonds shall provide for the county to collect the full amount of the guarantee if the applicant fails to maintain the guarantee. Any government entity or public utility company shall be exempt from this requirement. If no bond is in place, or if the county cannot collect on a bond issued pursuant to the previous paragraph, then the following procedure shall apply. Any abandoned or unused facility, and the associated components, shall be removed within 12 months of the cessation of operations of the facility. In the event that timely removal is not performed, the county may remove or cause the removal of the components and assess the costs of removal against the property after notice and an opportunity to be heard is provided. Before taking such action, the county must mail to the property owner a notice of the county's intent to do so. The property owner served with such notice shall have 30 days from the date the notice is mailed to respond in writing to request a hearing before the board to show cause why the abandoned components should not be removed from the property at the property owner's expense. The failure to request a hearing within 30 days shall be deemed a waiver of the right to be heard and the county may immediately cause the removal of the components, and may assess the costs of removal, storage and disposal against the property.
5. Expiration; Termination.  An approved Conditional Zoning Permit and subsequent enactment shall continue to be valid for the life of the operation as permitted, but is subject to termination or expiration as set forth below:
   1. An approved Conditional Zoning Permit must be enacted within two (2) years from the date of approval. Enactment is continuous progress toward implementation of the approved use and includes, without limitation, submittal of permit applications, applications for building permits, construction of the project, etc. If no action is taken, or continuous progress towards completion ceases for more than 12 months, the Conditional Zoning Permit shall be null and void and such use shall not be made of the property except upon reapplication and review as set forth in this Title. 
   2. In the event that the use authorized by the Conditional Zoning Permit is abandoned for a period of more than 365 calendar days from the date of last producing operations, the permit shall become null and void and a new Conditional Zoning Permit shall be required prior to resuming operations. In the event that the use is discontinued or abandoned, the property owner and applicant, their heirs, assigns or successors shall remain responsible for environmental compliance until postclosure reclamation requirements are met. 
   3. A use found to be in violation of the Churchill County Code or any condition issued under this chapter may be, in the sole discretion of the County, ordered to cease operations until such violation can be corrected. Any use found to be operated in material violation of the Churchill County Code or any condition issued under this Title may be prohibited from further operation on a permanent basis where in the discretion of Churchill County, further operations will be injurious to public health, safety, or welfare, or for which there is a substantial likelihood that future violations will occur.
   4. Any expansion or change in operations that would have a materially impact upon public services and infrastructure, public health and safety, or environmental health and safety shall submit such plans to the planning director for a new Conditional Zoning Permit.
      

1. Generally. A special use permit is authorization for a property owner to develop a use that is only allowed when developed under certain specific conditions. Specially permitted uses are those which are generally compatible with the land uses permitted by right in a given zoning district, with individual review of location, design and configuration to ensure appropriateness of the use. The issuance of a special use permit is discretionary and not a matter of right. All privileges granted pursuant to a special use permit shall be exercised within 365 days of granting the special use permit unless otherwise provided; failure to exercise within 365 days will terminate said special use permit. Annual renewal of a special use permit is not required. However, any expansion in use shall require a new application for a special use permit. The procedure for an expansion of use shall be the same as set forth for a special use permit. Any conditions attached to the special use permit by the commission must be upheld and continued as long as the special use permit remains active. Failure to comply with any of the conditions may result in termination of the special use permit.
2. Categories. There are four categories of special use permit:
   1. Home business. These applications include "home based businesses" that cannot meet the conditions of a home business permit and are restricted regarding the permissible uses exceeding the impact of a home business permit.
   2. General. These applications will include and be similar to moderate projects requiring some outside research and consideration from other departments regarding possible impacts to the community such as minor aggregate operations.
   3. Major. These applications will include all major projects where significant research and review of the application, conceptual plans, etc., must be completed by the planning staff and other county departments, and agents as assigned in order to determine the impacts to the environment, roads and/or community such as energy production and manufacturing.
   4. Administrative special use permit. These applications are reviewed and permits are issued by the planning director (see subsection L of this section).
3. Required. The proposed use shall require a special use permit if the use falls into one of the following categories:
   1. The use is listed as a special use in the land use/zoning district or is not clearly listed in the use table but is determined to be most similar to a use listed as a special use. The director shall determine whether or not a use not included as a special use is a similar use that does not deviate from the pattern of other special uses in that land use/zoning district and complies with that district's purpose statement.
   2. It is a use in a non-industrial district, (RR-20, A-10, A-5, E-1, R-1, R-2, R-3, C-1, or C-2) and has one or more of the following characteristics:
      1. Will be open or operational for any period between the hours of 10:00 pm and 5:00 am.  
      2. May have impacts to public health and safety or impair use of adjoining land uses as deemed by the Director
      3. Any project that is considered a "major traffic generator" defined as the use or uses that generate a total of 500 or more vehicle trips per day to and from the use or uses. Projects that generate over 80 average daily traffic (ADT) are required to prepare a traffic study in accordance with section 16.16.010.8 of this title.
      4. Any use of hazardous materials which includes, without limitation, any substance or combination of substances, including any hazardous material, hazardous waste, hazardous substance or marine pollutant as defined or described in NRS ch. 459.
      5. Projects of any magnitude that have the potential to utilize or transfer significant quantities of water, (more than 100 acre-feet annually) that may result in declining water levels in existing wells or loss of irrigated acreage.
4. Authority. The commission shall have the discretionary authority to approve, conditionally approve, continue within allowed time frames, or deny a minor, general or major special use permit. The planning director shall have the authority to approve an administrative special use permit.
5. Application requirements.
   1. All applicants shall meet with planning department staff to discuss the application and procedure prior to completing the application. Once the application is complete (but prior to signing and making copies) it is strongly recommended that the applicant meet again with planning department staff to review the application for accuracy and detail. If a meeting is impractical, the applicant shall provide a draft copy to the planning department for review.
   2. Any new or amended application for a special use permit of a size or complexity that the county determines warrants specialized/skilled professionals or a panel of experts to assist in the review of the application or future monitoring shall deposit with the county an amount to be determined up to $50,000.00 at the time the special use permit application is filed with the county. Said deposit shall be used for services provided by specialized or skilled professionals retained by the county to review and provide consultation to be used in determining the possible impacts of the proposed use or conditions to be placed upon granting the special use permit and to assist in oversight of the development of the proposed use. If the deposit is required, no permit shall be issued until the deposit is lodged with the county. If the special use permit application is denied, the outstanding balance of the deposit shall be returned to applicant after the time for filing appeals and petitions for judicial review have expired. If the special use permit is granted, the deposit shall be retained and utilized by the county for services provided by specialized or skilled professionals retained by the county to monitor compliance with the conditions of the special use permit. At the time the special use permit is granted, applicant, as a condition of the special use permit, may be required to deposit additional funds with the county to bring the balance of the deposit back up to $50,000.00.
   3. The required completed application form and a site plan showing the applicant's intent to meet the special use permit application and site plan requirements, including a signature of at least one owner of record, or if the property is being leased or purchased, a letter from the landowner stating approval for application of the special use permit or a copy of the lease agreement of the subject property, shall be submitted. Only in circumstances where the proposed project encompasses multiple properties, such as a major highway, a transmission line, a natural gas or fuel line, may an application be filed without property owner signatures provided that the applicant provides documentation that demonstrates that the property owners have been made aware of the proposed project.
   4. Every application must include a sworn affidavit that the information presented in the application is true, complete, and correct to the best of the knowledge of the applicant, and an acknowledgement that any material misrepresentation or omission made in the application or at a public hearing by the applicant or an agent of the applicant may constitute grounds for reexamination or revocation of the special use permit if granted.
6. Application review. The director shall review each application to ensure that the proposal is consistent with the requirements of this title.
   1. The director shall ensure that each application that has potential impacts upon public services and infrastructure, public health and safety is reviewed for the purposes of assessing the impact of the proposed use by applicable county and state staff including, but not limited to, the county health officer, the sheriff, the Fallon/Churchill fire marshal, the road supervisor, and the building official.
   2. In addition to any other review conducted under this section, the director may, when reviewing an application, convene a multidisciplinary panel for purposes of assessing the impact of a proposed use upon public health, safety, convenience and welfare. Where such a panel has not been convened by the director, the commission may also convene such a panel to assess an application.
   3. A panel convened by the director or commission under this section shall be composed of such persons bearing the requisite scientific, technical or other specialized knowledge which will assist the director or the commission in determining whether or not to grant a special use permit. The panel thus convened shall prepare written findings and recommendations as to the proposed special use.
   4. The cost of any assessment conducted under this section shall be borne by the applicant and shall be made payable to the Churchill County planning department.
7. Hearing.
   1. The commission shall hold a public hearing, no more than 65 days after filing of a complete application, and shall give notice of time and place and purpose thereof by mailing a notice, pursuant to this title.
   2. The commission shall hear and consider evidence and facts from any person at the public hearing, or shall consider written communication from any person relative to the proposed special use permit.
8. Findings. Findings from a preponderance of evidence must indicate that the proposed use:
   1. Is compatible with the existing surrounding land uses and development;
   2. Is in substantial conformance with the master plan and policies and will be constructed and operated in full compliance of this Code;
   3. The project will be constructed and operated in a manner that will not overburden public services and infrastructure;
   4. Adequately mitigates road and traffic impacts generated by the construction and build-out of the project;
   5. Does not create adverse environmental impacts, including, but not limited to, noise, glare, fumes, and odor that may be detrimental either to public health, public safety, or general welfare of the persons or property in the vicinity or the wildlife and/or natural resources.
      
      The applicant for a special use permit shall have the burden of proof by a preponderance of the evidence to provide facts supporting the proposed special use permit. For purposes of legal clarity, this shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact, which are to be determined by the commission and the board. Additionally, the applicant shall provide adequate information in the application to substantiate the findings required in this subsection.
9. Decision.
   1. Following the public hearing, the commission shall determine if there is a preponderance of evidence in the record to support the findings required by this section and shall approve, conditionally approve, modify, continue within allowed time frames, or deny the special use permit request.
   2. The applicant may request a continuance of any application for a special use permit to a future meeting. A continuance suspends the time lines established in Nevada Revised Statutes and this title.
10. Conditions of approval. The commission, in approving any special use permit, may require certain conditions under which the lot or parcel may be used or the building constructed if, in such commission's opinion, the use will otherwise be incompatible with other existing and potential uses within the same general area or will overburden public services, improvements or facilities.
    1. Removal of exterior facilities. With placement of physical facilities other than a building (i.e., cell tower, geothermal facility, solar field, etc.) the commission may also require a performance bond for all new facilities exterior, including relocation where a previous bond has not been accepted, in a form acceptable to the planning department, or a cash deposit in lieu of the bond, in an amount sufficient to provide for removal, storage or disposal of the facilities plus an additional 15 percent contingency and to restore the site including stabilization and re-vegetation as necessary. An estimate of the removal cost from a licensed company experienced in contracting for removal of standard components shall accompany the bond. Unless the facility is located on property owned by a governmental entity where a guarantee is in place for removal of the facility when no longer in use, a separate bond will be required for each facility regardless of owner(s) or location. All bonds shall provide for the county to collect the full amount of the guarantee if the applicant fails to maintain the guarantee. Any government entity or public utility company shall be exempt from this requirement.
       
       If no bond is in place, or if the county cannot collect on a bond issued pursuant to the previous paragraph, then the following procedure shall apply. Any abandoned or unused facility, and the associated components, shall be removed within 12 months of the cessation of operations of the facility. In the event that timely removal is not performed, the county may remove or cause the removal of the components and assess the costs of removal against the property after notice and an opportunity to be heard is provided. Before taking such action, the county must mail to the property owner a notice of the county's intent to do so. The property owner served with such notice shall have 30 days from the date the notice is mailed to respond in writing to request a hearing before the board to show cause why the abandoned components should not be removed from the property at the property owner's expense. The failure to request a hearing within 30 days shall be deemed a waiver of the right to be heard and the county may immediately cause the removal of the components, and may assess the costs of removal, storage and disposal against the property.
11. Expiration; termination.
    1. An approved special use permit must be enacted within 365 days from the date of approval. Enactment includes, without limitation, submittal of permit applications, applications for building permits, construction of the project, etc. If no action is taken, the special use permit shall be null and void and such use shall not be made of the property except upon the granting of a new special use permit.
    2. In the event that the use authorized by the special use permit is abandoned for a period of more than 365 calendar days from the date of last producing operations, the permit shall become null and void and a new special use permit shall be required. In the event of a force majeure, such as, and not limited to, flood, damage, or destruction of the access to the site, earthquake, or other events beyond the control of the county or permit holder, the period of abandonment shall not be deemed to commence until such time as the permit holder may be found to once again have reasonable access to the site. In this connection, the permit holder shall reasonably attempt to establish access to the site. The special use permit shall remain valid as long as the permit holder, its heirs, assigns or successors remain in compliance with the terms of this permit and county, state and federal regulations. In the event that the permit lapses or the use is discontinued or abandoned, the permit holder/owner, its heirs, assigns or successors shall remain responsible for environmental compliance until postclosure reclamation requirements are met. If the business or facility is not being abandoned, but is not in operation for greater than 365 days for a reason such as equipment failure, replacement or maintenance, the permit holder shall notify the planning department in writing indicating an estimated time line for operations to commence.
    3. In the event that circumstances beyond the control of the applicant result in a failure to complete applicable special use permit conditions and construct or commence the use prior to the expiration date, the applicant may, in writing, request one single extension of the expiration date for a period of not to exceed 365 days from the original date of expiration. The written request for an extension shall be received by the planning department 30 days prior to the expiration date. The director may approve a one-year extension with the option of commission review.
    4. A special use permit shall be, upon violation, subject to reexamination or revocation by the commission pursuant to section 16.08.100 of this article.
    5. A special use permit granted for a home-based business shall terminate upon the close of the business or relocation of the business owner.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2006-G, 2006; Bill No. 2007-I, 2007; Bill No. 2010-G, 2010; Bill No. 2012-F, 2012; Bill No. 2015-D, 2015; Bill No. 2018-E, 2019; Bill No. 2019-A, 2019; Bill No. 2020-A, 7-2-2020)

1. Conditional Use Permits Generally. A conditional use permit is a permit to operate a facility where an explosive, highly hazardous substance designated pursuant to NRS 459.3816 is present in quantities greater than designated in NRS 459.3816, or a hazardous substance adopted pursuant to NRS 459.3833 will be used, manufactured, processed, transferred, or stored.
2. Application Requirements. Applicants shall provide all documentation necessary to review the proposed use including, but not limited to, its potential impacts, proposed mitigations, risk profiles, and timelines of construction as specified herein:
   1. The required completed application form as adopted by the Churchill County Public Works, Planning, and Building Department.
   2. A detailed site plan showing the location of all proposed structures, utilities, easements, and any improvements required by Churchill County Code. Detailed site plans must be prepared by a licensed engineer, architect, or contractor unless such requirement is waived by the Planning Director.
   3. An affidavit by the owner of record of the parcel or easement in which work is to be performed consenting to the submission of the application. If performed in an easement, proof that the landowner has been notified of the project.
   4. The fee as prescribed by the Board of Churchill County Commissioners.
   5. Any necessary deposit for professional review. Any new or amended application under this section that warrants significant internal or external review, specialized/skilled professional review, or any other expert assistance whether in the review of the application or future monitoring shall be required to pay all reasonable costs associated with such review. Applicants shall deposit with the county the expected costs of such extraordinary review in an amount up to $50,000.00 prior to considering the application complete. Applicants may be required to deposit additional funds as costs are incurred in the review process. All funds deposited pursuant to this section shall be used for services provided by specialized or skilled professionals retained or employed by the county to review and provide consultation in determining the possible impacts of the proposed use, conditions to be placed upon the use, or to assist in oversight of the development of the proposed use. If the deposit is required, the application shall not be deemed complete until the deposit is lodged with the county. Any deposited funds remaining after the initial zoning review is complete shall be retained and utilized by the county for services provided by specialized or skilled professionals retained by the county to monitor compliance with the conditions of the use. At the time the use is approved, as a condition of the use, applicants may be required to deposit additional funds on an annual basis associated with monitoring the continued operations of the use.
3. Application Review by Planning Commission. Within ninety (90) days of receipt of an application for a conditional use permit, the Planning Commission shall review each application to ensure that the proposal is consistent with the requirements of this title and NRS 378.147 and recommend approval only if:
   1. The Planning Commission determines that the applicant has mitigated potential impacts upon public services and infrastructure, public health and safety, military safety and security, or environmental safety. In making its determination, the Planning Commission may consult local and state staff including, but not limited to, the county health officer, the sheriff, the Fallon/Churchill fire marshal, the road supervisor, and the building official.
   2. The Planning Commission shall impose any reasonable condition on the property as necessary to mitigate any potential impacts to public services and infrastructure, public health and safety, and environmental health and safety, and ensure compatibility with the Master Plan and surrounding land uses and development.
4. Application review by Board of County Commissioners. Within thirty (30) days after receipt of the recommendations from the Planning Commission, and make a final determination regarding the application.
5. Expiration; Termination. An approved conditional use permit and subsequent enactment shall continue to be valid for the life of the operation as permitted, but is subject to termination or expiration as set forth below:
   1. An approved conditional use permit must be enacted within two (2) years from the date of approval. Enactment is continuous progress toward implementation of the approved use and includes, without limitation, submittal of permit applications, applications for building permits, construction of the project, etc. If no action is taken, or continuous progress towards completion ceases for more than 12 months, the conditional use permit shall be null and void and such use shall not be made of the property except upon reapplication and review as set forth in this Title.
   2. In the event that the use authorized by the conditional use permit is abandoned for a period of more than 365 calendar days from the date of last producing operations, the permit shall become null and void and a new conditional use permit shall be required prior to resuming operations. In the event that the use is discontinued or abandoned, the property owner and applicant, their heirs, assigns or successors shall remain responsible for environmental compliance until postclosure reclamation requirements are met.
   3. A use found to be in violation of the Churchill County code or any condition issued under this chapter may be, in the sole discretion of the County, ordered to cease operations until such violation can be corrected. Any use found to be operated in material violation of the Churchill County Code or any condition issued under this chapter may be prohibited from further operation on a permanent basis where in the discretion of Churchill County, further operations will be injurious to public health, safety, or welfare, or for which there is a substantial likelihood that future violations will occur.
   4. Any expansion or change in operations that would have a materially impact upon public services and infrastructure, public health and safety, or environmental health and safety shall submit such plans for a new conditional use permit.
      

1. Generally. A variance is authorization for a property owner to depart from the literal requirements/development standards of a zoning ordinance as it applies to his/her land. The applicant has the burden of demonstrating that unnecessary hardship or practical difficulties will result from the literal application of the zoning ordinance to the applicant's property.
   
   Variance requests that are within ten percent deviation from the development standards of this title are considered minor administrative requests and are reviewed by the planning director. Administrative variances follow a modified application.
   
   A variance, once granted, shall run with the land. All privileges granted pursuant to a variance application shall be exercised within 365 days of granting the variance unless otherwise provided.
2. Authority. The commission shall have the discretionary authority to approve, conditionally approve, continue within allowed time frames, or deny a variance. Variations under this section allow for consideration of land use regulations only, and do not include building code variations.
3. Application requirements.
   1. All applicants shall meet with planning department staff to discuss the application and procedure prior to completing the application. Once the application is complete (but prior to signing and making copies) it is strongly recommended that the applicant meet again with planning department staff to review the application for accuracy and detail. If a meeting is impractical, the applicant shall provide a draft copy to the planning department for review.
   2. All sections of the application must be complete and accurate or the application may be delayed to allow the necessary information to be obtained.
   3. The required completed application form and a site plan showing the applicant's intent to meet the variance application and site plan requirements, including a signature of at least one owner of record, or if the property is being leased or purchased, a letter from the landowner stating approval for application of the variance or a copy of the lease agreement of the subject property, shall be submitted.
4. Application review. The director shall review each application to ensure that the proposal is consistent with the requirements of this title.
5. Hearing.
   1. The commission shall hold a public hearing no more than 65 days after the filing of a complete application, and shall give notice of time and place and purpose thereof by mailing a notice, pursuant to this title.
   2. The commission shall hear and consider evidence and facts from any person at the public hearing, or shall consider written communication from any person relative to the proposed variance.
6. Findings. In order to approve a variance, the commission shall make the following findings:
   1. The property is characterized by an extraordinary or exceptional situation or condition, such as exceptional narrowness, shallowness or shape, or it has exceptional topographic conditions at the time of enactment of the regulations.
   2. The strict application of the regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of the property.
   3. Granting of this variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity.
   4. The proposed variance is consistent with the intent and purpose of this title.
      
      The applicant shall have the burden of proof by a preponderance of evidence to provide facts supporting the proposed variance. For purposes of legal clarity, this shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the commission and, if on appeal, by the board. Additionally, the applicant shall provide adequate information in the application and on the site plan to substantiate the findings required in this section.
7. Decision.
   1. Following the public hearing, the commission shall determine if there is adequate evidence in the record to support the findings required by this section and shall approve, conditionally approve, modify, continue within allowed time frames, or deny the variance request.
   2. The applicant may request a continuance of any application for a variance to a future meeting. A continuance suspends the time lines established in Nevada Revised Statutes and this title.
   3. If the commission determines that practical difficulties exist and variance from paving and grade gravel road construction is warranted, conditions of approval must include:
      1. Road specifications that are no less than the minimum access road requirements.
      2. Justification for either cost sharing or no cost sharing.
      3. The amount of cost sharing and how and when and for what period of time.
8. Conditions of approval. The commission, in approving any variance, may require conditions under which the lot or parcel may be used or the building constructed which, in such commission's opinion, will prevent material damage or prejudice to adjacent properties. These conditions become a part of the public record and approval process.
9. Expiration; termination.
   1. An approved variance must be developed or exercised within 365 days of the date of approval. Developed or exercised includes, without limitation, submittal of permit applications, application for building permits, construction of the project, etc. If an approved variance is not developed or exercised within 365 days, then, without further action, the variance shall be null and void and such development activity shall not be made of the property except on the granting of a new variance.
   2. In the event that circumstances beyond the control of the applicant result in a failure to complete applicable variance conditions and develop or exercise the variance prior to the expiration date, the applicant may request in writing one single extension of the expiration date for a period not to exceed 365 days from the original date of expiration. The written request for an extension shall be received by the planning department 30 days prior to the expiration date. The director may approve a one-year extension with the option of commission review.
10. Administrative variances.
    1. The planning director has the authority to grant an administrative variance for variances of less than ten percent in deviation from the area, size, required setbacks, building height and other similar development standards and requirements of the land use districts.
    2. An administrative variance is not applicable to the age or size requirements of a manufactured home or the paving or bridge requirements of any land division.
    3. Prior to consideration of an administrative variance the planning director shall provide written notice of the requested variance to each owner, as listed on the county assessor's records, of real property located within 100 feet of the exterior limits of the property in question as shown by the latest assessment rolls of the county. Notice by mail to the last known address of real property owners as shown by the assessor's records shall be sufficient.
    4. The planning director shall consider the effect of any requested variance. Provided that the deviation will not impair the purpose of the zoning district or any other provisions of this Code the planning director may grant the administrative variance.
    5. The administrative variance is subject to the same expiration deadline as a variance and has the same requirement for an extension of the deadline.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2006-G, 2006; Bill No. 2007-I, 2007; Bill No. 2010-G, 2010; Bill No. 2012-F, 2012)

Any of the following reasons or occurrences is grounds for a hearing on reexamination or revocation of a special use permit, pursuant to this title:

1. A failure or refusal of the permittee to comply with any of the terms or conditions of a special use permit.
2. Any act or failure to act by the permittee or its agents or employees directly related to the special use permit which would be a violation of federal or state law or a violation of this Code.
3. A failure to return a signed copy of the notice of decision 21 days from receipt of said notice.
4. A material misrepresentation or omission by the applicant or an agent of the applicant made on the application or during a public hearing.
5. Further use of a revoked special use permit shall constitute a violation of this title and shall be punishable as herein provided.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2010-G, 2010; Bill No. 2012-F, 2012; Bill No. 2015-D, 2015)

1. Preliminary procedures.
   
   1. 
      
      1. Upon its own motion, or upon the complaint filed with the planning department (hereinafter, the party filing a formal complaint is referred to as the "complainant"), the planning department shall conduct a preliminary investigation to determine whether or not there is probable cause to believe that any of the violations specified in section 16.08.100 of this article have occurred. If the matter is brought forward on the motion of the planning department without a formal complaint being filed, the planning director shall have the rights and responsibilities of the complainant as provided herein.
      2. If the matter is brought forward on the motion of the planning department, the planning director in consultation with an enforcement official shall determine whether enforcement action under the administrative procedures outlined in title 1, chapter 1.12 of this Code or the provisions outlined herein shall be followed.
   2. Once the planning department has initiated an investigation pursuant to subsection A1a of this section, the planning department shall provide notice to the permittee of the investigation and the nature of the complaint.
   3. The investigation shall be completed within 30 days of receipt of the complaint unless there is good cause to extend the completion of the investigation. Good cause exists in cases where, due to the complexity of the permit and the issues raised, the investigation requires additional time, in which case the planning director shall provide notice to the complainant when the investigation will be finished.
   4. Upon completion of the investigation, the planning director, in consultation with the district attorney, shall determine if the matter should be brought before the commission. It may only be brought before the commission if there is probable cause to believe that one of the grounds listed in section 16.08.100 of this article has been violated by the permittee. Upon a finding that the complaint will not go forward, the planning department must notify complainant. The decision to not bring a complaint before the commission may be appealed within ten days of delivering the notice. The matter must then be brought before the commission at the next scheduled commission meeting, and the permittee and the complainant must be notified. The commission may overturn the determination to not go forward with the complaint only if the commission finds that the decision was arbitrary or capricious.
   5. If the planning director determines that the matter should be brought before the commission, the matter shall be set for a public hearing to determine reexamination or revocation of the special use permit within 60 days of that determination.
   6. The planning department shall ensure that the complainant and the permittee are provided mailed notice of the hearing to determine reexamination or revocation of the special use permit within 30 days of the hearing date. It is the responsibility of the complainant to notify any other persons who may provide information to the commission regarding the complaint.
   7. The results of the investigation conducted by the planning department shall be presented in report form to the commission at the hearing to determine reexamination or revocation of the special use permit. The report shall be submitted to the complainant and the permittee seven days prior to the hearing.
2. Hearing procedures.
   1. At the hearing to determine reexamination or revocation of the special use permit, the planning director, the complainant and the permittee shall be allowed an opportunity to argue the merits of the complaint and present evidence that will assist the commission in making the required findings.
   2. The formal rules of evidence shall not apply to this hearing. The commission may receive any information, either oral or written that will assist in making the required findings.
   3. All persons at the hearing shall be entitled to be represented by attorneys.
   4. The hearing shall be conducted informally; however the following order of presentation shall apply:
      1. The planning department may provide any additional information to supplement the information provided in the report;
      2. The complainant shall provide information regarding the complaint and any evidence or argument regarding the complaint;
      3. The permittee may provide any additional argument or evidence;
      4. The general public shall be invited to make any comments on the matter before the commission; and then
      5. The commission shall deliberate, and that deliberation may include the questioning of any person who had previously spoken.
3. Required findings. The burden of proof is on the complainant to present clear and convincing evidence that grounds exist as defined in section 16.08.100 of this article that the special use permit should be reexamined or revoked.
4. Commission action.
   1. At the conclusion of the hearing, the commission may order additional investigation by the planning department or independent investigators, continue the matter to allow for correction of the problem by the permittee, reexamine the special use permit and add additional conditions, recommend revocation of the special use permit, or take no action on the complaint.
   2. Prior to reexamining the special use permit or recommending revocation of the special use permit, the commission must find by clear and convincing evidence that the permittee failed to or refused to comply with any terms or conditions of the special use permit, there was an act or failure to act by the permittee or its agents or employees directly related to the special use permit which would be a violation of federal or state law or a violation of this Code, the applicant or an agent of the applicant made a material misrepresentation or omission on the application or during a public hearing that affected the decision of the commission or that there was a failure to return a signed copy of the notice of decision 21 days from receipt of said notice.
   3. A reexamination of the special use permit may only address the reexamination by the commission of the specific condition or item that is the subject of the complaint.
   4. Upon a recommendation of revocation of the special use permit, the matter shall be heard by the board within 45 days of the notice of final action being filed by the commission. The board shall conduct a de novo hearing whereby the procedures set forth in subsection B of this section shall be followed. Notice for the hearing shall be required as defined in subsection A6 of this section. The board may also review the minutes and any material provided to the commission. At the conclusion of the hearing, the board may order additional investigation by either the planning department or independent investigators, continue the matter to allow for the correction of the problem by the permittee, reexamine the special use permit, revoke the special use permit, or take no further action on the complaint. Prior to reexamining the conditions of the special use permit or revoking the special use permit, the board must find by clear and convincing evidence that the permittee failed to or refused to comply with any terms or conditions of the special use permit, or there was an act or failure to act by the permittee or its agents or employees directly related to the special use permit which would be a violation of federal or state law or a violation of this Code, that the applicant or an agent of the applicant made a material misrepresentation or omission on the application or during a public hearing that affected the decision of the commission, or that there was a failure to return a signed copy of the notice of decision 21 days from receipt of said notice.
5. Appeal of commission determination.
   1. Any affected person or entity may appeal any final decision of the commission regarding a violation of a special use permit to the board provided the appellant has participated in the administrative process prior to filing the appeal.
   2. The procedures for appeal are set forth in subsection 16.08.050.4F4 of this article.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2007-I, 2007; Bill No. 2010-G, 2010; Bill No. 2012-F, 2012; Bill No. 2015-D, 2015; Bill No. 2018-E, 2019)

1. Purpose. This section provides procedures and requirements for the consideration of development agreements for the purposes specified in and as authorized by NRS ch. 278.
2. General provisions. All development agreements filed with the County shall be in compliance with the following:
   1. Only a qualified applicant may file an application for a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the development agreement, or an authorized agent of a person who has a legal or equitable interest. The planning department may require an applicant to submit a title report or other evidence to verify the applicant's interest in the real property and of the authority of the agent to act for the applicant.
   2. An application for a development agreement may be filed concurrently with any other applications having a direct relationship to the property which is the subject of the proposed agreement.
   3. An application for a development agreement shall be made on a form provided for that purpose by the planning department, along with the required fee.
   4. The required fee to accompany an application for a development agreement is established as follows:
      
      

      $1,000.00	Developments that are less than 100 acres
      2,000.00	Developments that are 100 acres or greater

   5. A draft of the proposed development agreement along with the required number of copies and any other required submittal materials must be submitted along with the application. The draft shall include the items described in NRS § 278.0201.
   6. The planning department may require additional information to enable the planning commission and the board of county commissioners to determine whether the development agreement is consistent with the objectives of the adopted master plan and any applicable specific plan, with this title, and with any development permit approvals the development agreement is intended to implement.
3. Review procedure.
   1. The planning department shall review each application for a development agreement to ensure that the proposal is consistent with the requirements of this title and the county's master plan and shall provide a recommendation to the planning commission. The planning commission shall consider the request at a regular public meeting and forward its recommendation for approval or denial to the board of county commissioners.
   2. Upon receiving a recommendation from the planning commission on a proposed development agreement, the board of county commissioners shall hold a public hearing. The hearing shall be set and notice given as prescribed in subsection 16.08.050.4C of this chapter. The hearing may be continued.
   3. The board shall determine if the development agreement is consistent with this title, with the master plan, and with any development permit approvals to be implemented by the agreement. If determined to be consistent, the board may choose to move forward with the request, and introduce an ordinance adopting the development agreement.
   4. Following introduction, a second reading shall be held and based on the testimony provided at the hearing, the ordinance shall be adopted, modified, denied or continued.
4. Ongoing review. The planning director shall review all approved development agreements at least once every 24 months to determine whether the applicant, or successor in interest, is demonstrating good faith compliance with the terms of the agreement, and whether there are conditions as provided in NRS §§ 278.0205 through 02053 that may necessitate consideration to amend or cancel the development agreement; and shall forward a recommendation to the board of county commissioners for consideration at a regular public meeting to allow the continuation of the development agreement, or direct action to amend or cancel the agreement.
5. Amendments to or cancellation of approved development agreements. Any amendment to or cancellation of an approved development agreement agreed to by both parties shall be reviewed pursuant to the procedures outlined in this chapter for a new application. If the board chooses to take action to amend or cancel an approved development agreement without consent of the other parties, the planning department shall initiate the review process and follow the procedures established in NRS § 278.02053.
6. Application of ordinances and regulations. Unless the development agreement or other agreement specific to the development otherwise provides, and except as provided in NRS § 278.0201 subsection 7, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.

(Bill No. 2018-C, 2018)

The board may declare a moratorium on the acceptance and processing of planning applications, or permits for a specific type of application or a specific geographical area and for a specified length of time for the purposes of preparing county applications.

1. Initiation. Only the board through resolution may initiate the process for declaring a moratorium for this purpose. The commission may recommend a resolution to initiate the process for declaring a moratorium to the board.
2. Commission hearing. Should the board initiate the process to declare a moratorium, prior to taking final action they shall first refer the matter to the commission for a recommendation. The commission shall then conduct a public hearing within 45 days from the date of referral by the board.
3. Notice of commission hearing. Notice of the date, time and place of the public hearing shall be published in a newspaper of general circulation in Churchill County not less than ten days prior to the date of the public hearing to be conducted by the commission. Such notice shall describe why the moratorium is being proposed, what the proposed moratorium shall affect, the area that is affected by the moratorium, the anticipated length of time of the moratorium, and other pertinent information in such a manner that the moratorium and its effects can be clearly identified.
4. Commission recommendation. After completion of the public hearing by the commission, it may recommend that the board approve a moratorium, modify the extent and area of the moratorium, or that the moratorium not be imposed. A recommendation to declare a moratorium shall require a two-thirds vote of the total membership of the commission.
5. Findings. When making its recommendation for approval or modification, the commission shall, at a minimum, make the following findings of fact:
   1. The moratorium is necessary to promote the health, safety and welfare of the area described in the moratorium declaration;
   2. The moratorium is necessary to permit the staff, commission, board and public to focus on the efficient and effective preparation of an amendment to the master plan; and
   3. The moratorium is necessary because continued development during the proposed moratorium period possibly would result in development that may conflict with the plan amendment.
6. Commission report. Within 45 days of the action by the commission, a report describing the proposed moratorium, discussion at the public hearing, and the action and vote by the commission shall be transmitted to the board. Failure to report within the time limit provided in this subsection or failure to schedule a hearing within 45 days of the date of referral of the matter by the board to the commission shall constitute a recommendation not to declare a moratorium.
7. Board hearing. The director shall schedule a public hearing before the board within 30 days of receipt of the report describing the commission's action.
8. Notice of board hearing. Notice of the date, time and place of the public hearing shall be published in a newspaper of general circulation in Churchill County not less than ten days prior to the public hearing date. Such notice shall describe why the moratorium is being proposed, what the proposed moratorium shall affect, the area that is affected by the moratorium, the anticipated length of time of the moratorium, and other pertinent information in such a manner that the moratorium and its effects can be clearly identified.
9. Required vote. After completion of the public hearing by the board, it may declare a moratorium by a simple majority vote of the board members in attendance.
10. Affirmation of findings. In declaring a moratorium, the board shall, at a minimum, affirm the findings of fact contained in the commission's recommendation or, if the commission did not make these findings, shall, at a minimum, make the findings of fact in subsection E of this section.
11. Period in effect. A moratorium declared by the board shall be in effect for a period of no less than 90 days and no more than 180 days from the date of effectuation. The board may only extend the moratorium for an additional 60-day period before holding another public hearing pursuant to the provisions of this section.

(Bill No. 2005-F § 2.2, 2005)

1. Authority. Planned unit developments shall be approved, denied or modified by the board.
2. Application requirements. Before a planned unit development may be considered for approval:
   1. The applicant shall file with the planning department a conceptual plan and required supporting information.
   2. The planned unit development conceptual plan along with supporting material is presented to the planning commission at a public hearing for discussion only.
   3. Following input from the planning commission on the conceptual planned unit development plan the applicant can move forward to prepare the planned unit development application.
   4. The applicant shall file with the planning department the planned unit development application and supporting information.
   5. The planned unit development application will then be scheduled as a public hearing at a regularly scheduled planning commission meeting for review and recommendation.
   6. Following the planning commission meeting the planned unit development application will be forwarded to the county commission with the planning commission recommendation.
   7. The planned unit development application will then be scheduled as a public hearing for action by the board.
3. Investigation. The director shall investigate each application to assure that the proposal is consistent with the requirements of this title.
4. Hearing.
   1. The commission and the board shall hold public hearings on the following submittals for a planned unit development:
      1. Conceptual plan (only one public hearing is held at a planning commission meeting).
      2. Planned unit development application.
      3. Planned unit development tentative map(s).
   2. Such hearings before the planning commission shall be held within 45 days following the acceptance of a complete application.
5. Findings.
   1. The applicant for a planned unit development application shall have the burden of proof to provide facts supporting the proposed development. Additionally, the applicant shall provide adequate information in the application and on plans submitted to substantiate the findings required in chapter 16.12 of this title. The commission and board shall determine if the information presented is adequate to support their decisions.
   2. The commission, in forwarding a recommendation to the board for approval of a planned unit development application shall make the following findings of fact:
      1. Growth and/or other development factors in the community support a change in the land use.
      2. The change in land use represents orderly development, and that adequate services and infrastructure to support the proposed land use are available in the area.
      3. The change in land use provides for an appropriate use of the land.
      4. The proposed land use is in substantial conformance with the master plan and other adopted plans and policies.
      5. The proposed land use and project is sensitive to and compatible with the use and development of the adjacent properties.
6. Decision.
   1. Following the public hearing, the commission shall determine if there is adequate evidence in the record to support the facts and findings required by this section and shall recommend to approve or deny the request for the planned unit development application.
   2. The applicant may request a continuance of any application for a planned unit development application to a future meeting. A continuance suspends the time lines established in Nevada Revised Statutes and this title.
7. Notice. Notice of time and place of such hearings shall be published in a newspaper of general circulation in Churchill County, not less than ten days prior to the date of such hearing. Upon application for a conceptual map, a planned unit development application or a tentative map the commission and board shall mail to the applicant, to all property owners of record as shown on the latest equalized assessment rolls within 300 feet of the exterior boundaries of any property proposed for reclassification and to all property owners of land within such area proposed for reclassification and to each tenant of a mobile home park if that park is located within 300 feet of the property in question; and to each unique property owner, as listed on the county assessor's records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given above, written notice of the time, place and date of such hearing and the general location of the property of the addressee with reference to the property proposed for change, not less than ten days prior to the public hearing date.
8. Report to the board.
   1. After the hearing of the commission, the commission shall make a recommendation on the application to the board.
   2. The commission shall also forward to the board a copy of its decision and findings in accordance with this section recommending approval, modification or denial of the proposed planned unit development application or tentative map.
   3. Failure of the commission to report within 30 days of the date of its hearing, unless the hearing date has been continued with the applicant's concurrence, shall be deemed a recommendation of approval.
   4. The applicant or the commission, with the applicant's concurrence, may continue any application for a planned unit development application or tentative map to a future meeting in order to ensure that the applicant has adequate time to present required information or other materials needed for consideration of the decision. A continuance, when approved with applicant concurrence, suspends the time lines established in Nevada Revised Statutes and this title.
9. Board action. The board shall consider the evidence relating to the planned unit development application or tentative map and may approve, modify or deny the recommendation of the commission.

(Bill No. 2006-G, 2006)

All lands in the county are hereby assigned a zoning district, as described in sections 16.08.140 through 16.08.240 of this article, and as shown on the Churchill County zoning map. All uses subject to this development code must conform with the use limits and permitting requirements of the zoning district as provided in the land use table in section 16.08.250 of this article, and as further provided in this title.

Any use not provided for in the land use district and for which a similar analagous use, as determined by the director, does not exist shall be a prohibited use. Any landowner intending to implement a land use not listed on the table shall request a determination of the zoning requirements by amendment of the use table.

(Bill No. 2018-E, 2019)

This district is intended to preclude premature development of rural land on the fringes of the urban area while protecting the environment and providing for large lot single-family uses (five acre minimum) that may include agricultural uses. The purpose of this district is for agricultural uses, with large lot single-family residences. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2018-E, 2019)

This district is intended to preclude premature development of rural land on the fringes of the urban area while protecting the environment and providing for large lot single-family uses (ten-acre minimum) that may include agricultural uses. The purpose of this district is for agricultural uses, with large lot single-family residences. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2018-E, 2019)

The purpose of this district is to provide for low to medium density single-family development. Minimum lot size is one-half acre if water or sewer facilities are provided; one acre if facilities are not provided. In a planned unit development, provisions of subsection 16.12.040.3C2 of this title with regard to density apply. This zoning district is intended to provide for development of sites with water and sewer utilities. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2018-E, 2019)

The purpose of this district is to provide for medium density single-family residential land uses with minimum lot size of 7,000 square feet. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2018-E, 2019)

The purpose of this district is to provide for higher density single-family and moderate density multi-family (minimum of 5,000 square foot lot area) residential developments. This type of residential zoning is considered compatible with medium density residential. More intensive developments, as determined by the director, will need to connect to the county's water and sewer system or establish community systems. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district, and requirements specific to multi-family developments in section 16.16.010.8. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2018-E, 2019; Bill No. 2022-A, 4-20-2022)

The purpose of this district is to provide for high density multi-family residential developments and limited commercial uses suitable for serving multi-family developments. Such high intensity development will need to connect to the county's water and sewer system, and the establishment of new R-3 zoning districts must be in proximity to such services. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district, and requirements specific to multi-family developments in section 16.16.010.8. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2022-A, 4-20-2022)

The purpose of this district is to promote mixed use commercial and associated land uses including regional centers and transit oriented commercial development (primarily retail sales, wholesales of new and used goods, and service facilities). Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2018-E, 2019)

The purpose of this district is to provide for general heavy commercial and service enterprises for the community at large. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2018-E, 2019)

The purpose of this district is to provide for industrial activities and land uses that have some potential for impacting adjacent land uses and infrastructure mixed with commercial uses that can support heavybroaderindustrial development. This type of zoning should be located in areas with good access to roadway and or railway transportation systems. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this Title.

(Bill No. 2018-E, 2019)

The purpose of this district is to provide for distinctly industrial activities and land uses that have the potential for impacting adjacent land uses and infrastructure, while providing for minimal commercial uses to support industrial development. This type of zoning should be located away from people while still having acceptable access to roadway and/or railway transportation systems. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this Title.

The purpose of this district is to provide for heavy industrial activities and land uses that have the great potential for impacting adjacent land uses and infrastructure. This type of zoning should be located away from people and other non-industrial uses, and uses within it may have to develop their own access to roadway and/or railway transportation systems. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this Title.

The purpose of this district is to protect and enhance all natural resources including historical and archaeological sites by limiting, controlling and prohibiting certain use of lands. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in this district. Specific land uses are listed in the land use table under section 16.08.250 of this article.

(Bill No. 2018-E, 2019)

1. Applicability of provisions. Whenever the provisions of this section impose stricter requirements than those of other ordinances or underlying land use districts, the provisions of this section shall prevail. Whenever the provisions of other ordinances or underlying land use districts impose stricter requirements than those of this section, such stricter requirements shall prevail.
2. Hazards designated. "Hazards" are determined to be any structure or object of natural growth located on or in the vicinity of the Fallon Municipal Airport or any use of land near Fallon Municipal Airport which obstructs the airspace required for the flight of aircraft in landing or takeoff at the airport or is otherwise hazardous to such landing and takeoff of aircraft.
3. Clear zone restrictions. No structures will be allowed in the clear zone as shown on the map entitled "Fallon Municipal Airport Zoning Regulations".
4. Height limits; visual approach zone. No structure or tree shall be erected, altered, allowed to grow or be maintained so as to penetrate through and be higher in elevation than the runway visual approach zone of the Fallon Municipal Airport; i.e., within an area which slopes upward (20 feet horizontally for each foot vertically) beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance, as shown on the map entitled "Fallon Municipal Airport Zoning Regulations", along the extended runway centerline. (Note: The primary surface is the surface centered on the runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of the runway.)
5. Height limits; horizontal surface. The horizontal surface is a plane, circular in shape, with its height 150 feet above the established airport elevation (Fallon airport elevation is 3,955 feet above sea level) and having a radius as shown on the map entitled "Fallon Municipal Airport Zoning Regulations". In any area that is within the same radius of the airport reference point as the radius of the horizontal surface, no object shall exceed a height of 150 feet above the established elevation of the Fallon Municipal Airport. The maximum elevation permitted in horizontal surface is 4,105 feet above sea level. (Note: Airport reference point is a point selected as the approximate geometric center of the airport landing area and is marked as "ARP" on the map entitled "Fallon Municipal Airport Zoning Regulations".)
6. Height limits; conical surface. The conical surface extends upward and outward from the periphery of the horizontal surface with a slope of 20 to one measured in a vertical plane passing through the airport reference point. No structure or tree shall be erected, altered, allowed to grow or be maintained so as to penetrate through and be higher in elevation than the conical surface described in this subsection.
7. Effect on zoning provisions. The visual approach zone, the horizontal surface and the conical surface are as shown on the map entitled "Fallon Municipal Airport Zoning Regulations", which is hereby made a part of this title and which overlays existing county land use districts.
8. Nonconforming uses. Nothing contained in this section shall require any change in any structure, the construction or alteration of which was begun prior to August 5, 1975; provided, however, that all of the provisions of this section shall also apply.

(Bill No. 2005-F § 2.2, 2005)

The land use protection standards for NAS Fallon are composed of the NAS overlay zone, which is also known as NAS Fallon Naval Air Station and associated ranges notification area map, protection standards that apply within the NAS overlay zone, and other standards that apply outside the NAS overlay zone.

1. Applicability of other code provisions. Whenever the provisions of this section impose stricter requirements than those of other ordinances or underlying land use districts, the provisions of this section shall prevail. Whenever the provisions of other ordinances or underlying land use districts impose stricter requirements than those of this section, such stricter requirements shall prevail.
2. Definitions. As used in this section, unless the text otherwise requires:
   
   AICUZ. Naval Air Station Fallon, Nevada, "Air Installation Compatible Use Zones 1999", detailing compatible use zones and suggested land use compatibility in accident potential zones.
   
   Airfield. Naval Air Station Fallon.
   
   Flight hazard. Any structure or tree or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off, at any airport, or is otherwise hazardous to such landing or taking off of aircraft.
   
   NAS Fallon Air Station and associated ranges notification area map. A composite map on file at the office of the Churchill County planning department dated September 2006. Said map was developed from the updated interlocal agreement between Churchill County and NAS Fallon dated August 2006, and data contained in the "Air Installation Compatible Use Zones Program Update 1999", regarding jet aircraft accident potentials and noise levels.
3. Nonconforming uses. The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or natural growth not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use.
4. Variances. Any person desiring to erect any structure or increase the height of any structure, or permit natural growth, or use his property, not in accordance with the regulations prescribed in this section, may apply to the planning commission for a variance therefrom. Such variance shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest and will be in accordance with the spirit of this section.
5. Future uses. No change shall be made in the existing zoning districts underlying the NAS Fallon Naval Air Station and associated ranges notification area map without notice to and input from NAS Fallon. All proposed development within the NAS overlay zone must conform with the additional land uses limits and permit requirements provided in the land use table under section 16.08.250 of this article. Some uses that may otherwise be allowed may be prohibited, and some uses may require a higher level of permitting than may otherwise be required. Uses so identified in the land use table must also include notification to NAS Fallon to allow input regarding issues of concern. Concerns may include noise impacts on the use, crash hazard to large population or occupancy numbers, navigation hazards (height, aircraft, bird attraction), firearm use, exhaust plumes, visual interference, electromagnetic interference, etc.
6. Notification. The county shall notify NAS Fallon of any proposal for a zoning district change within the NAS overlay. The county shall notify NAS Fallon of any permit within the NAS overlay for which the land use table in section 16.08.250 of this article identifies a special review need in the "NAS" column. The county shall notify NAS Fallon of any proposal for a variance from the standards in this section. The county shall notify NAS Fallon of any proposal for a structure greater than 200 feet in height between three miles and nine miles from the NAS Fallon boundary or of any proposed structure greater than 75 feet within three miles of NAS Fallon's boundary. All new, redevelopment, or rehabilitated buildings and structures including transmission, communications, or energy generation structures planned or proposed within the boundaries of the MCA [three-mile radius of NAS Fallon boundary], with heights of structures exceeding 75 feet, will also require notification to NAS Fallon to ensure navigable airspace for military training activities.
   
   Notice shall be sent by the planning department as provided for by NRS § 155.010 to:
   
   Commanding Officer
   NAS Fallon
   4755 Pasture Road
   Fallon, NV 89406
   
   The NAS Fallon Commanding Officer or his designee shall respond to the notice within 30 days of receipt of said notice to:
   
   Churchill County
   Planning Department
   155 N. Taylor St. Suite 194
   Fallon, NV 89406
   
   In the event the commanding officer or his designee fails to respond within 30 days of receipt of said notice, the Churchill County planning department shall deem the lack of response as an indication in the affirmative that NAS Fallon has no objection or reservation with respect to the issuance of a permit.
7. Existing uses. Existing uses and structures may only be replaced, substantially altered, repaired or rebuilt within any of the zoning districts underlying the NAS Fallon notification area, provided any replacement, alteration, or repair that may be undertaken would not create a hazard to air navigation or permit a nonconforming use or structure to be made or become significantly taller on the subject property than it was on the effective date hereof or than it was when the application for a permit was made. Except as indicated, all applications for a permit for replacement, remodel, or repair of existing use or structure shall be granted.
8. Hazard marking. Any permit or variance granted under this section may, if such action is considered advisable to effectuate the purposes of this section and reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to permit the Naval Air Station Fallon, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to aircraft pilots the presence of a flight hazard.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2006-B, 2006; Bill No. 2006-G, 2006; Bill No. 2007-I, 2007; Bill No. 2012-F, 2012; Bill No. 2015-D, 2015; Bill No. 2018-E, 2019)

1. All proposed uses and developments must be categorized according to the use listings in the land use table of this section. Where a proposed use or development does not clearly match a listing in the table, the planning director shall perform a similar use determination to classify the proposed use or development as the closest applicable use listing in the table. A similar use determination may be appealed to the planning commission, or the planning commission may modify the determination during a normal permit hearing for the project.
2. All proposed uses and developments must be consistent with the use limits and permitting requirements provided in the land use table of this section for the zoning district in which they are located. Variances may not be requested or approved to allow prohibited uses, nor to change the required permit or review for allowed uses.
3. Refer to section 14.04.030 of this Code and section 16.16.020 of this title for additional regulations that might affect uses in these districts.
4. All uses that include handling of materials designated as explosives or highly hazardous substances as defined under NRS 278.147 shall require a conditional use permit as set forth in 16.08.085 regardless of the zoning established in the Use Table.
5. Certain uses, as defined in section 16.08.080, are required to obtain a special use permit regardless of the zoning established in the Use Table.
6. Uses in the land use table of this section are identified with use limits, permit process requirements, and establish use limits and permit processes for specific instances, as provided below:
   
   

   (Blank) or x	=	Use is prohibited
   S	=	Use is allowed through a special use permit as defined in 16.08.080
   C	=	Use is allowed through a conditional zoning permit as defined in 16.08.075
   R	=	Use is allowed through a zoning review
   T	=	Use is allowed through a temporary use permit
   HB	=	Use is allowed through a home business permit
   -	=	Use is allowed without a zoning review or other permit
   * /+	=	Either or both notations are used to identify and reference modifications to use limits or permit processes that apply in specific situations for the land use in the same row, and described under the land use name.
   †	=	Notation to identify modifications to use limits or permit processes within the NAS overlay. These apply only when a use is allowed, not prohibited. This notation increases the level of review normally required in a situation and is accompanied by one of the above symbols to indicate the minimum level of review. It may also indicate that a use that might be allowed is prohibited in the NAS overlay due to operational concerns.
   "Uses in NAS Fallon overlay may be †X - Prohibited, or †S - must have at least a SUP review, or †C - must have at least a Conditional Zoning Permit."

   
   

    

   UsesA

   RR-20

   A-10

   A-5

   E-1

   R-1

   R-2

   R-3

   C-1

   C-2

   I-1

   I-2

   I-3

   NAS†B

   Agriculture and Resource Production and Support: NOTE: Transportation of resource products to and from an operation is allowed under the definition for the specific resource

   Agricultural Production - not included in specific listings Rangeland Agriculture (Dispersed grazing, nut harvesting, etc.) Timber Growing and Harvesting (fence poles, pulp trees, Christmas tree, etc.) Farming/Cropland Pasture Grazing (incl. small scale livestock feeding and hobby farms) * with an Agricultural Support Building

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   n/a

   Aquaculture * If hydrologically connected to fish habitat areas

   R/S*

   R/S*

   R/S*

   R/S*

   R/S*

   n/a

   Animal Feeding Operation - Small (feeding 100 to 1,000 animal units) * If with buildings

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   -/R*

   †S

   Cannabis Establishment

   n/a

   Dairy/Feed Lot, minor alterations of existing buildings NOTE: new or major expansion treated as Animal Feeding Operation

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   †S

   Animal Feeding Operation - Large (feeding more than 1,000 animal units)

   R

   R

   C

   S

   †S

   Land Application of Domestic Septage

   S

   S

   S

   n/a

   Exotic Animal Farm (fur farm etc.) Excludes zoos and similar uses - see recreation uses

   S

   S

   S

   †S

   Game Hunting Ranch Also see Recreation Resort in lodging uses

   S

   S

   S

   †S

   NOTE: Review dog/cat/pet breeding facility as kennel in commercial uses

   Agriculture and Resource Related Retail:

   Farm Stand/Direct Resource Product Sales Site Review sales not associated with the growing farm, and sales not on the farm site as commercial use. Also see retail sales for other zones.

   R

   R

   R

   R

   R

   R

   R

   n/a

   Nursery Sales (retail and wholesale)

   S

   S

   S

   R

   R

   R

   †S

   Agro-Tourism Treat processing as resource related industrial or industrial uses Also see retail sales and commercial uses for other zones.

   S

   S

   S

   S

   †S

   Farm Animal Auction Also see animal feeding operations

   S

   S

   S

   S

   S

   †S

   Agriculture and Resource Related Industrial:

   Light Wood Processing and Storage (mills, paper, plywood, etc.)

   S

   C

   C

   C

   †S

   Light Milk/Cheese Processing and Storage * limited in scale to animals produced on the farm

   S

   S

   S*

   C

   C

   C

   †S

   Light Meat Processing and Storage (slaughtering and butchering) * limited in scale to animals produced on the farm Review Office of Mobile Slaughtering Operation as commercial uses

   S

   S

   S*

   S

   C

   C

   C

   †S

   Light Crop Processing and Storage (mills, cereal processing, cold warehouses, canning, bottling, extracts, etc.)

   S

   S

   S

   S

   C

   R

   R

   †S

   Geologic Drilling Activities (general drilling for mineral, geothermal, etc.)

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   †A

   Oil and Gas Extraction Excludes processing see Chemical Manufacturing

   S

   S

   S

   S

   C

   C

   †S

   Mineral Extraction and Processing (including batch plants) * limited in scale to materials extracted on the same property NOTE: See temporary mining for other zones.

   S

   S

   S*

   S

   C

   C

   †S

   Temporary Mineral Extraction and Processing for habitat restoration purposes

   S

   S

   S

   S

   S

   S

   †S

   NOTE: For natural resource energy projects - see Energy Production uses

   Industrial Uses:

   Warehouse Storage and Distribution * Prohibited if over 50 employees For multi-tenant space for businesses locations see commercial uses

   C

   C

   C

   C

   †S*

   Off-Premises Outdoor Storage (for business/personal use - not renting spaces)

   S

   C

   C

   C

   n/a

   Hazardous Materials Storage - Indoors or Outdoors Also see NRS 278.147 * - Prohibited if over 50 employees

   S

   S

   †S*

   Data Storage and Data Processing Facilities * - Prohibited if over 50 employees

   S

   C

   C

   †S*

   Light Manufacturing (indoors & benign) Also see Laboratory in commercial uses

   S

   C

   C

   C

   C

   †X

   Heavy Manufacturing

   C

   C

   †X

   Basic Chemical Manufacturing or Storage (excluding fuels)

   S

   C

   C

   †X

   "Hazardous Chemical Manufacturing or Storage Also see NRS 278.147"

   S

   S

   Bitumen Emulsion Plant

   S

   C

   C

   Bulk Fuel Storage and Distribution - small (<100,000 gal.) Includes incidental retail sales. Excludes vehicle fuel sales and storage incidental to other use.

   S

   S

   C

   C

   †S

   Explosive or Combustible Materials Testing See CCC 16.16.020.2 for 1/2 mi. setback from highways

   S

   S

   †X

   Tire Retreading/Rebuilding Excludes tire distilling - see Chemical Manufacturing

   S

   S

   C

   C

   †X

   Junkyard, Salvage Yard, Wrecking Yard See CCC 16.16.020.2 for 1/2 mi. setback from highways

   C

   C

   †X

   Asphalt and Concrete Batch Plants - also see mining * Prohibited unless temporary and for specific project

   S*

   S*

   S

   S

   C

   C

   †S*

   Outdoor Recreation Uses: (Note: For indoor recreation see commercial listings)

   Wildland and Unimproved Outdoor Recreation (hiking, riding, hunting, etc.)

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   n/a

   Improved Passive Outdoor Recreation (park, trailhead parking, fishing facility)

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   n/a

   Improved Active Outdoor Recreation Facility (sport complex w/multiple ball fields/courts, golf course, boat launch, zoo) - also see Game Hunting Ranch in agricultural uses * If approved in a PUD

   S

   S

   S

   R*

   R*

   R*

   R*

   S/R*

   S/R*

   S/R*

   †S

   Equestrian Boarding and Training Facility May also need event venue permit, below

   S

   S

   S

   S

   †S

   Outdoor Recreation and Entertainment Facility (See definition CCC 16.24 under Recreation)

   S

   S

   S

   †X

   Rodeo and Farm Animal Event Venue (racing, showing, equestrian events) NOTE: Also see Outdoor Recreation and Entertainment Facility for other zones.

   S

   S

   †X

   Outdoor Shooting Range

   S

   S

   S

   S

   S

   †X

   Motorized Racetrack - with events or gatherings [[DEF- Established tracks with events for large and small vehicles]]

   S

   S

   S

   †X

   Motorized riding track - personal use

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   n/a

   Residential Uses:

   Single-Family Dwelling (the following are also SFDs - see definition) + Prohibited except for certain on-site businesses in CCC 16.16.020.8 * Prohibited unless residential lot was approved in a PUD or tentative map NOTE: Also see Community Residential Facilities and definition. Home for Individual Residential Care (1—2 + caretaker) Home for Groups with Disabilities (3—10 + caretaker) Halfway House for Substance Abuse Recovery (<11 resid.) Domestic Violence Shelter (<11 residents) Foster Home (1—6)

   R

   R

   R

   R

   R

   R

   R*

   S/R*

   S/R*

   n/a

   Accessory Dwelling Unit * Prohibited unless with existing legal permanent Single-Family Dwelling

   C

   C

   C

   C

   C

   C

   C*

   C*

   C*

   C*

   n/a

   Second Permanent Dwelling

   C

   C

   C

   C

   C

   C

   n/a

   2—4 Multi-Family Dwellings on a parcel * Only if approved in a PUD

   R*

   R*

   R

   R

   R*

   R*

   R*

   C*

   †X

   5+ Multi-Family Dwellings on a parcel * Only if approved in a PUD

   S*

   S*

   S*

   S

   S*

   S*

   S*

   S*

   †X

   Boarding House

   S

   S

   S

   S

   †X

   Permanent Housing for Farm Labor (single and multi-family) * Multi-family prohibited - single-family only

   S

   S

   S

   S*

   n/a

   Cluster Development (Requires a special land division permit process) * Prohibited under the NAS Fallon Accident Potential Zones

   R

   R

   †S *

   Planned Unit Development (Requires a special PUD permit process)

   R

   R

   R

   R

   R

   R

   R

   R

   R

   †X

   Recreational Vehicle used as permanent dwelling (> 90 days/yr.) Such use prohibited except within authorized RV park (see Lodging section) or as approved Temporary Living Quarters.

   †X

   Temporary Living Quarters

   For hardship (elderly/disabled), or commercial/industrial watchmen

   T

   T

   T

   T

   T

   T

   T

   T

   T

   T

   T

   T

   n/a

   For farm labor, or while building a Single-Family Dwelling

   T

   T

   T

   T

   T

   T

   T

   n/a

   Manufactured/Mobile Home Park

   S

   S

   S

   S

   S

   S

   S

   †X

   Community Services

   Care of 1—4 children (treat as baby sitting)

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   n/a

   Daycare Facility (5+ children or 1+ adults) * Prohibited unless under 13 persons

   S

   S

   S

   S

   S*

   S*

   S

   S

   S

   †S

   Child Care Institution/Boarding School (16+ children; live-in facility)

   S

   S

   S

   S

   S

   S

   S

   †X

   Educational Facility (public and private) Excludes informal classes - see Personal Training Svc. in commercial uses

   S

   S

   S

   S

   S

   S

   S

   S

   S

   †X

   Public Auditoriums and Gathering Facilities (Religious assembly, Public Community Ctr. or Convention Ctr.) Excludes Private Gathering/Reception Facility - see commercial uses

   S

   S

   S

   S

   S

   S

   S

   S

   S

   †X

   Government Services and Offices (museum, library, senior ctr., post office) Review Fleet Parking and Maintenance as separate listing in Vehicle uses

   S

   S

   S

   S

   S

   S

   S

   S

   S

   †X

   Emergency and Law Services (police, jail, court, fire, ambulance, etc.)

   S

   S

   S

   S

   S

   S

   S

   †S

   Emergency and Surgical Medical Facility (Hospitals, etc.) Review stand-alone day-surgery center as Medical Services in commercial Medical Offices and Helipads may be approved as accessory uses

   S

   S

   S

   S

   †X

   Extended Care Medical Facility (convalescent services, nursing home, mental health facility, hospice, etc.)

   S

   S

   S

   S

   S

   †X

   Elder Care Facility (see definition)

   S

   S

   S

   S

   S

   S

   †X

   Community Residential Facility (also see Single Family Dwelling):

   Group Foster Home (7—15 children - see definition)

   S

   S

   Home for Groups with Disabilities (11—20; see definition)

   S

   S

   S

   S

   R

   R

   S

   †S

   Domestic Violence Shelter (11+)

   S

   S

   S

   S

   R

   R

   S

   S

   †S

   Treatment Center or Halfway House for Substance Abuse Recovery (11+)

   S

   S

   S

   S

   R

   R

   †S

   Halfway House for Incarceration Transition (any number)

   S

   S

   †S

   Cemetery

   S

   S

   S

   R

   R

   R

   n/a

   Funeral and Interment Services (including crematory)

   S

   S

   R

   R

   R

   †S

   Lodging Uses: NOTE: Review Vacation Home Rental as a Single-Family Dwelling Rental of whole home only, otherwise see Vacation Room Rentals

   Bed and Breakfast Inn and Vacation Room Rental (see definitions) * Prohibited unless with existing legal permanent Single-Family Dwelling

   S

   S

   S

   S

   S

   S

   S

   R*

   R*

   †S

   Motel (does not include accessory uses)

   S

   S

   †X

   Hotel (includes accessory uses)

   S

   S

   †X

   Lodging approved in a PUD

   R

   R

   R

   R

   †X

   Recreation Resort (see definition) Also see Game Hunting Ranch

   S

   S

   S

   †S

   Campground and Recreational Vehicle Facility (public and private)

   S

   S

   S

   S

   S

   †X

   Commercial Uses: NOTE: Some businesses may qualify as a small-scale Home-Based Business

   Retail and Wholesale Sales Rentals and Repair - not included in specific listing (food, merchandise, hardware, etc.; new/used) For vehicle sales/rentals see Vehicle and Equipment category * If over 50,000 sf building; or if outdoor sales or storage area included; or if drive through services included; or if paint or chemical sales included + Prohibited if over 10,000 sf building, or if over 50 employees

   R/S*

   R/S*

   C

   †S

   Multi-Tenant Business Complex (incl. shopping centers) * If over 10,000 sf. Each use in complex must be reviewed individually

   R/S*

   R/S*

   R/S*

   †X

   Beverage Distributor + Prohibited if over 50 employees

   S

   S

   R

   R

   R

   R

   R

   †S

   Auction House * With outside sales area or outside speakers

   R/S*

   R/S*

   R/C*

   C

   C

   †S

   Cannabis Establishment

   Flea markets, swap meets, and special events

   S

   S

   S

   S

   †S

   Manufactured/Modular/Mobile Home Sales For construction of homes - see Industrial/Fabrication

   S

   C

   C

   †S

   Firearm, Explosive, or Weapon Sales/Service/Rental - requiring an FFL

   S

   S

   †S

   Personal Storage (ministorage, RV, boat, etc.)

   S

   S

   S

   R

   R

   n/a

   Off-Premises Storage Inside a building

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   Home Based Businesses * If not meeting basic HB criteria + Prohibited unless associated with existing legal residence

   HB/S*

   HB/S*

   HB/S*

   HB/S*

   HB/S*

   HB/S*

   HB/S*

   HB /S*

   HB /S*

   HB/S*

   n/a

   General Offices and Services - not included in a specific listing + Prohibited if over 50 employees

   R

   R

   R

   †S

   Office for Mobile Animal Slaughtering Business

   S

   S

   S

   S

   S

   S

   S

   n/a

   Temporary Real Estate Office within a subdivision

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   n/a

   Temporary Office (using a commercial coach)

   T

   T

   T

   T

   T

   T

   T

   T

   T

   T

   T

   T

   n/a

   Eating and Drinking Establishment * Prohibited unless fronting the I-80, US 50, US 50A and US 95 corridors + Prohibited unless approved in a PUD

   S*

   S*

   S*

   S*/R

   R

   R

   S

   S

   S

   C

   C

   C

   †S

   Eating and Drinking Establishments - Farm Specialty (serving food from own farm - for other zones see regular uses above)

   S

   S

   †S

   NOTE: An Eating and Drinking Establishment serving alcohol requires a SUP

   Financial Service (banking, stocks, commodities, etc.) * If drive up services are included

   R/S*

   R/S*

   R/S*

   n/a

   Medical and Counseling Services (doctor offices, clinics, physical therapy, etc.)

   R

   R

   R

   †S

   Personal Health and Beauty Service (hair, nails, spa, massage, etc.)

   S

   R

   R

   R

   n/a

   Body Marking Service (tattoo, piercing (excl. earrings), etc. - see definition)

   S

   S

   n/a

   Personal Training Service and Classes (professional, health, fitness, arts, etc.)

   S

   S

   S

   S

   †S

   Laundromat

   S

   R

   R

   R

   n/a

   Dry Cleaner

   S

   S

   S

   n/a

   Baking Facility

   S

   S

   S

   †S

   Craft/Art Studio (welding/pottery/painters/etc.; includes sales)

   S

   S

   S

   R

   R

   R

   †A

   Testing Service (office and sample collection; processing 1-use and field kits)

   R

   R

   †A

   Laboratory (chemical testing)

   S

   S

   S

   C

   C

   †X

   Materials Testing Excludes Explosive and Combustion Testing - see industrial uses

   S

   C

   C

   C

   †S

   Veterinary Clinic

   S

   S

   S

   R

   R

   S

   †S

   Pet Grooming (for sales see retail)

   S

   S

   S

   R

   R

   R

   †A

   Mobile Animal Care Service Office (Grooming, Farrier, etc.)

   R

   R

   R

   n/a

   Animal Boarding or Kennel

   S

   S

   S

   S

   S

   †S

   Taxidermy

   S

   S

   S

   S

   S

   n/a

   Construction Contractors and Property Services (incl. repair; plumbers, electricians, sign co., well drilling, etc.) * For painting contractors, or outdoor material/heavy equipment storage

   R/S*

   R/S*

   R/C*

   †S

   Utility and Telecom Offices/Shop * If fleet vehicle storage and maintenance is included

   S

   R/S*

   R/S*

   R/C*

   †S

   Waste Collection Service (solid/garbage and liquid/septage) Also see Industrial category and septage application in natural resources

   S

   S

   S

   C

   C

   n/a

   Pest Control Service

   S

   S

   S

   n/a

   Janitorial/Cleaning Service

   R

   R

   R

   n/a

   Private Gathering/Reception Facility (including clubs and fraternal orgs.) * Prohibited unless designed and approved for 100 people or less + Prohibited unless approved in a PUD

   S*

   S*

   S*

   S

   S

   S

   S

   S

   S

   †S

   Indoor Entertainment Use - not in a separate listing (billiards, game parlor)

   S

   R

   R

   †S

   Indoor Recreation and Entertainment Facility (see definition CCC 16.24 under Recreation) (auditorium, theater, playhouse, equestrian, bowling, ice/roller rink, soccer)

   S

   S

   †X

   Indoor Shooting Range

   S

   S

   S

   S

   S

   n/a

   Casino/Gaming Establishment Additional uses are reviewed individually (food, hotel, theater, spa, etc.)

   S

   S

   †X

   Adult Entertainment (See Title 9)

   S

   S

   n/a

   Brothel, House of Prostitution (See Title 5) See CCC 16.16.020.2 for 1/2 mi. setback from highways

   S

   n/a

   On-Site Advertising

   S

   S

   S

   S

   S

   S

   S

   R

   R

   R

   R

   R

   n/a

   Off-Site Advertising - billboards, highway signs, etc. * Prohibited unless meeting exceptions in 16.16.020.6.B.2.f

   S/R*

   S/R*

   S/R*

   S/R*

   S/R*

   S/R*

   R

   R

   R

   R

   R

   R

   n/a

   Vehicle and Equipment Uses: (Also see Transportation Section)

   Standard Vehicle or Trailer Sales or Rental (see definition) (standard personal vehicle, ATV, motorcycle, assoc. trailer, and similar size vehicles)

   R

   R

   R

   †A

   Specialized Vehicle or Trailer Sales or Rental (see definition) (RVs, motorhome, campers, moving trucks, dump trailers, horse trailers, etc.)

   C

   C

   C

   A

   Commercial or Construction Trailer/Equipment Sales or Rental (see definition) (Commercial vehicles, cargo containers, construction equip., assoc. trailers)

   S

   C

   C

   †S

   Vehicle/Equipment Service and Repair (including temporary storage of associated vehicles)

   S

   S

   S

   C

   C

   C

   C

   †S

   Vehicle Fuel Sales and Travel Services (including Truck Stops) * Prohibited if a truck stop or travel center + If approved to be within a Planned Unit Development Additional uses are reviewed individually (food, hotel, vehicle service and repair, casino, laundromat, etc.)

   S

   S

   S

   S

   S

   S

   S

   C

   †S*

   Vehicle Washing Facility

   S

   S

   C

   C

   n/a

   Parking Lot for Operable Vehicles - Stand Alone

   Short Term

   R

   R

   R

   R

   R

   R

   R

   R

   n/a

   Long Term - more than one week Not for other on-site use; vehicles must come and go

   S

   S

   C

   C

   C

   n/a

   NOTE: Also see storage uses in Commercial section for uses that may include vehicle storage

   Towing Business (including fleet parking and vehicle storage) Excluding Wrecking Yard/Junkyard - see Industrial category

   S

   S

   S

   C

   C

   n/a

   Trucking Business/Package Delivery (including fleet parking) NOTE: Transport of on-site resource products is included with main use

   S

   S

   S

   C

   C

   C

   C

   †S

   Fleet Vehicle Parking and Maintenance Facility (10+; bus barn, utility, etc.) Excluding uses with inherent parking (fire, police, trucking, etc.)

   S

   S

   S

   S

   C

   C

   n/a

   NOTE: For vehicle racing etc. see Indoor Recreation and Entertainment Facility in Commercial, or Outdoor Recreation Uses

   Transportation Facilities:

   Streets, roads, highways, and rail lines

   -

   -

   -

   -

   -

   -

   -

   -

   -

   n/a

   Highway/Road Maintenance Facility

   R

   R

   S

   R

   R

   R

   n/a

   Ground Transportation Terminal and Park and Ride Lot (bus, rail, etc.) * Prohibited unless fronting I-80, US 50, US 50A and US 95, or a rail corridor

   S*

   S*

   S*

   S*

   S*

   S*

   C*

   C

   †S

   Airport

   S

   S

   S

   S

   †X

   Airstrip/landing strip/helicopter pad

   S

   S

   S

   S

   S

   S

   †X

   Railroad Company Operations Yard (sidings, car storage, switching)

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   n/a

   Rail-Based Services and Industrial Parks (transloading, rental space, rail services, etc.) Each use must be reviewed individually.

   S

   S

   S

   C

   †S

   Utilities Facilities, Transmission, and Waste Handling:

   Local Utility Distribution Lines and Mains

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   n/a

   Utility Transmission Line - Level 1 (within approved corridors)

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   n/a

   Utility Transmission Line - Level 2 (not within approved corridors)

   S

   S

   S

   S

   S

   S

   S

   S

   S

   S

   S

   S

   †S

   Utility Handling Facility - Level 1 (small scale in-line)

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   R

   n/a

   Utility Handling Facility - Level 2 (treatment of less hazardous substances)

   S

   S

   S

   S

   S

   S

   S

   S

   S

   C

   C

   C

   †S

   Utility Handling Facility - Level 3 (treatment of more hazardous substances) * If previously approved in a PUD

   S

   S

   S

   R*

   R*

   S/R*

   C

   C

   †S

   NOTE: Review utility company offices/maintenance facility as other uses.

   Communication tower and antennas (and accompanying facilities) * When co-locating the transmitter/receiver on existing towers, structures, or buildings.

   S/R*

   S/R*

   S/R*

   S/R*

   R*

   R*

   R*

   S/R*

   S/R*

   S/R*

   C/R*

   C/R*

   n/a

   Recycling Drop Box/Station

   R

   R

   R

   S

   S

   S

   S

   R

   R

   R

   R

   R

   n/a

   Recycling Facility * If all operations inside of a building

   S/ R*

   S/R*

   S/R*

   C/R*

   C/R*

   n/a

   Solid Waste Transfer Station

   S

   S

   S

   C

   C

   †X

   Solid Waste Landfill (sanitary, construction waste, petroleum contaminated soil, hazardous waste, etc.) See CCC 16.16.020.2 for 1/2 mi. setback from highways

   S

   S

   †X

   Hazardous, Infectious, or Explosive Materials Disposal/Landfill See CCC 16.16.020.2 for 1/2 mi. setback from highways

   S

   †X

   Energy Production: NOTE: See definition for Power Generation

   Private Power Generation and Alternatives (renewable or fuel-based) Not for electricity generation (windmill water pumps, solar hot water, geothermal heating, etc.) OR Power generation (including generators) for personal/on-site power needs only and less than 20 kw and 40 feet or less high

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   -

   n/a

   Minor Power Generation (renewable energy or fuel-based) Same as Private Power Generation and Alternatives, plus producing up to 500 Kw, and may be over 40' high * If over 40 in height

   R/S*

   R/S*

   R/S*

   R/S*

   R/S*

   R/S*

   R/S*

   R/S*

   R/S*

   R

   R

   R

   †S

   Major Power Generation (renewable energy or fuel-based) facilities not qualifying for Private or Minor Power Generation Prohibited if fuel based, or wind powered, or concentrated solar *For solar only, excluding concentrated solar

   S

   S

   S

   S

   S/C*

   †S/X+

   Notes:
   
   ^A CCC 16.08.080(C) requires certain uses, when allowed, to obtain a SUP, including: 24 hr./night uses, handling hazardous materials, using large water volumes, and major traffic generators. CCC 12.24 requires any permanent use, when allowed, that serves alcoholic beverages to obtain a SUP

(Bill No. 2019-A, 2019; Bill No. 2020-A, 7-2-2020; Bill No. 2022-A, 4-20-2022)

Any building or structure erected or maintained or any use of property contrary to the provisions of this title is declared to be unlawful and a public nuisance.

All remedies provided for in this title shall be cumulative and not exclusive. The conviction and punishment of any person under this title shall not relieve such person from the responsibilities of correcting prohibited conditions or removing prohibited buildings, structures or improvements nor prevent the enforced correction or removal thereof.

(Bill No. 2005-F § 2.2, 2005)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this title, or violating or failing to comply with any order or regulation made under this title, is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period not to exceed six months, or both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which such violation of this title or failure to comply with any order or regulation is committed, continued or otherwise maintained.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2010-H, 2010)

1. Filing of a complaint. Any person living in Churchill County or any landowner in Churchill County may file a complaint against any property or business within Churchill County. A complaint must be filed with the Churchill County planning department. Complaint forms may be completed at the planning department or mailed, emailed, delivered, or faxed to said department. The code enforcement officer may also be responsible for filing complaints and documenting violations he/she sees in the normal course of his/her duty.
2. Upon receiving a complaint. The code enforcement officer shall inspect the property and determine if there is a violation of the Churchill County Codes. Once a determination has been made that there is a violation, the code enforcement officer shall contact the property owner by one of the following methods: 1) regular mail, 2) certified mail, or 3) in person.
3. Enforcement action. The code enforcement officer will take any of the following steps needed to correct the violation and bring the property or business into compliance:
   1. The code enforcement officer will attempt to gain voluntary compliance for the correction of all noted violations.
   2. The code enforcement officer may, at any time, issue a citation to the property owner or any other responsible person(s) for any and all code violations. (For the purposes of this section "responsible person" is one that has the legal right to possess the property.)
   3. The code enforcement officer may, at any time, refer a case to the Churchill County district attorney for prosecution of any and all code violations.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2006-G, 2006; Bill No. 2020-A, 7-2-2020)

1. Commission applications.
   1. Completing application.
      1. Application submittal. Should a person wish to apply for a variance, temporary use permit, a special use permit, a zoning map amendment, consolidated development code amendment, a planned unit development conceptual map, a planned unit development application, a planned unit development tentative map, an abandonment of street or easement, an amendment to this title, or an appeal of an administrative decision, the applicant shall have a preapplication meeting with the director, or his/her designee, to discuss application submittal and review requirements and procedures. Following this meeting the applicant may proceed with completing an application and compiling necessary supplemental information.
      2. Completeness review. Upon completing the application and compiling all the necessary supplemental information, and prior to signing the application and making copies, the applicant is strongly encouraged to meet with the director or his/her designee to review the application for completeness. At this meeting, or no later than three working days after said meeting, the director shall determine if there is need for an expert panel's review of the application and shall advise the applicant of the required deposit, an amount to be determined, up to $50,000.00 to cover the cost of the panel's review and the number of additional copies of the application packet that must be submitted. If the application is denied, the outstanding balance of the deposit shall be returned to applicant after the time for filing appeals and petitions for judicial review have expired. If the application is approved, the deposit shall be retained and utilized by the county for services provided by specialized or skilled professionals retained by the county to monitor compliance with the conditions for approval. At the time the application is approved, the applicant, as a condition of approval, may be required to deposit additional funds with the county to bring the balance of the deposit back up to $50,000.00.
      3. Determination of completeness. Within seven days of filing the application packet and filing fee, the director shall make a determination of completeness and forward written notice to the applicant. A determination of completeness shall not constitute a determination of compliance with other requirements of this title or Nevada Revised Statutes.
      4. Processing. Following the determination of completeness, the applicant may then sign the application, make the necessary copies of the application and supplemental information. The application fee, the deposit for the expert panel review and the complete application packet may then be filed with the planning department.
   2. Official filing date. The time for processing and acting on commission applications as established by Nevada Revised Statutes or this title shall commence on the date that the application packet, application fee and the deposit are filed with the planning department. Material modifications of any application by the applicant following the filing of the application shall reestablish the time for processing and acting on the application upon the director's determination that the modified application is complete.
2. Application limitations. A second or subsequent application substantially similar to the first for a variance, temporary use permit, special use permit, zoning map amendment, consolidated development code amendment, or planned unit development application shall not be submitted for review within one year of the first application's denial by the commission or board with respect to that parcel or any portion of that parcel under the same ownership or if ownership changes unless the director determines that the subsequent application is substantially different such that the facts supporting the previous denial from the commission or board no longer exist.
   
   Where the holder of an application for a development approval wishes to file a subsequent application for a project which is substantially different from the first project, the new development application shall supersede the previous development application, and the applicant shall state on his application that, upon approval by the commission of the subsequent application, he requests review and action to approve the withdrawal of the first development approval.
3. Notice of hearings and administrative applications.
   1. Commission hearings. Hearings on an application for a variance, special use permit, zoning map amendment, development agreement application, planned unit development conceptual map, planned unit development application and planned unit development tentative map the commission shall mail to the applicant, and to all property owners of record, as shown on the latest equalized assessment rolls, within 300 feet of the exterior boundaries of the subject property, and to each tenant of a manufactured/mobile home park if that park is located within 300 feet of the property in question, written notice of the time, place and date of such hearing, the general location of the property of the addressee and a description of the application/development. Such written notice shall be mailed not less than ten days prior to the public hearing date. At least 30 property owners nearest the subject site must be noticed; if there are not 30 property owners within 300 feet of the subject site then expand notification distance until 30 property owners are identified, except for a temporary use permit where only property owners within 100 feet need to be notified. Notice of time and place of commission hearings shall also be published in a newspaper of general circulation in Churchill County, not less than ten days prior to the date of such hearing for a master plan amendment, an application for a zone change, consolidated development code amendment, a planned unit development application, a planned unit development tentative map, and abandonment of street or easement.
      
      Upon application for a right-of-way or public easement abandonment, the commission shall notify by certified mail the applicant and all abutting property owners of record as shown on the latest equalized assessment rolls, written notice of the time, place, date of such hearing and the general location of the property of the addressee with reference to the proposed street abandonment, not less than ten days prior to the public hearing date.
      
      Following the public hearing held on a right-of-way or public easement abandonment, zoning map change, a planned unit development application, a planned unit development tentative map, master plan amendment and consolidated code amendment, the commission shall forward a recommendation to the board.
   2. Administrative reviews. The Director shall issue notice of the filing of an application requiring a conditional zoning permit, temporary use permit, minor variance, or administrative abandonment to the applicant, and to all property owners of record, as shown on the latest equalized assessment rolls, within 300 feet of the exterior boundaries of the subject property, and to each tenant of a manufactured/mobile home park if that park is located within 300 feet of the property in question. Such written notice shall be mailed not less than ten days prior to the public hearing date. At least 30 property owners nearest the subject site must be noticed; if there are not 30 property owners within 300 feet of the subject site then expand notification distance until 30 property owners are identified. The notice must contain a brief description of the application, the location of plans for review, manner in which comment may be provided, and a deadline for comment.
   3. Minor administrative reviews. The Director shall issue notice of the filing of an application for an accessory dwelling unit, second permanent dwelling, to the applicant, and to all property owners of record, as shown on the latest equalized assessment rolls, within 100 feet of the exterior boundaries of the subject property, and to each tenant of a manufactured/mobile home park if that park is located within 100 feet of the property in question. Such written notice shall be mailed not less than ten days prior to the public hearing date. The notice must contain a brief description of the application, the location of plans for review, manner in which comment may be provided, and a deadline for comment.
      
   4. Board hearings. Notice of time and place of board hearings shall be published in a newspaper of general circulation in Churchill County, not less than ten days prior to the date of such hearing. Such notice shall be required for an application for a zoning map amendment, consolidated development code amendment, a planned unit development application and a planned unit development tentative map, a master plan amendment, a development agreement application, an abandonment of street or easement and an appeal from the decision of the commission. For hearings on an application for a zoning map amendment, a development agreement application, planned unit development application and a planned unit development tentative map, the board shall also mail to the applicant, and to all record property owners, as shown on the latest equalized assessment rolls, within 300 feet of the exterior boundaries of the subject property, and to each tenant of a manufactured/mobile home park if that park is located within 300 feet of the property in question, written notice of the time, place and date of such hearing, the general location of the property of the addressee and a description of the application/development. Such written notice shall be mailed not less than ten days prior to the public hearing date. At least 30 property owners nearest the subject site must be noticed; if there are not 30 property owners within 300 feet of the subject site then expand notification distance until 30 property owners are identified.
      
      Upon application for a right-of-way or public easement abandonment, the board shall notify by certified mail the applicant and all abutting property owners of record as shown on the latest equalized assessment rolls, written notice of the time, place, date of such hearing and the general location of the property of the addressee with reference to the proposed street abandonment, not less than ten days prior to the public hearing date. 
   5. Conditional Use Permit. Notice of the date, time, and place of a hearing on a conditional use permit and a description of the property and all explosives and highly hazardous substances shall be provided to the applicant, and to all property owners of record, as shown on the latest equalized assessment rolls, within 1000 feet of the exterior boundaries of the subject property, to each tenant of a manufactured/mobile home park if that park is located within 1000 feet of the property in question, to the military commander of any installation located within 3,000 feet of the property in question, any advisory board that has been established for the area including the property in question, the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, the State Fire Marshal, and the Administrator of the Division of Industrial Relations of the Department of Business and Industry. At least 30 property owners nearest the subject site must be noticed; if there are not 30 property owners within 1000 feet of the subject site then expand notification distance until 30 property owners are identified. Such written notice shall be mailed not less than thirty days prior to the public hearing date. In addition to the notice above, notice shall be published in a newspaper of general circulation at least ten days prior to the date of the hearing.
4. Review.
   1. The Director, commission, and board in reviewing and judging the merit of any proposal shall find that the regulations and standards in this title or state law are met.
   2. The Director, commission, and the board, after reviewing a proposal and taking public testimony, shall reduce their respective recommendations and decisions to writing and shall include therein the recommendation or decision in a concise and explicit statement of the evidence. A copy of the commission and board recommendation, decision and final action must be mailed by certified mail or hand delivered to the applicant. The applicant must sign the notice of decision and return the notice of decision to the planning department or board secretary within ten working days of receipt. A copy of this recommendation and decision shall be placed in the planning department files as a record of the commission and board decisions. Failure of the applicant to return the notice of decision within the required time frame may be cause to place the application on the next commission or board agenda for further review.
   3. The board shall have the power to review the recommendations and decisions of the commission on right-of-way or public easement abandonment, zoning map, planned unit development application and tentative map, and master plan amendment, and by majority vote may affirm, deny, modify or return the recommendations or decisions to the commission for further consideration. Master plan amendments require a two-thirds majority vote to pass.
5. Fees and service charges. Before accepting any application required by this title, fees as adopted by resolution of the board, including service charges, shall be charged, collected and deposited with the planning department. A fee sheet is available to the general public at the main desk of the planning department.
6. Appeals.
   1. Appeals of planning director decisions. A final decision of the planning director in the issuance of a permit may be appealed by any aggrieved party or the district attorney's office to the commission following the procedures in subsection F4 of this section. The commission may affirm, modify or reverse the decision.
   2. Appeals of commission decisions. A decision of the planning commission may be appealed by any aggrieved party or the district attorney's office to the board following the procedures in subsection F4 of this section. The board may affirm, modify or reverse the decision after a de novo hearing.
   3. Appeals of board decisions. A decision of the board is final. Any appeal of its decision shall be in a court of competent jurisdiction within the time frames established by the Nevada Revised Statutes.
   4. Procedures for filing an appeal.
      1. Time limit for filing. An appeal of the planning director's decision must be submitted to the planning department within ten days after the planning director has rendered his or her decision. An appeal of the commission's decision must be submitted in writing to the clerk of the board within ten days after the commission has rendered its decision. The appeal must be delivered in person, by mail or by courier by 12:00 noon the first business day following the ten-day time limit. If no appeal is received within the time allowed, such decision may not be appealed.
      2. Appeal application. All appeals shall be filed in writing accompanied with a filing fee, by filing a signed written notice of appeal and application stating therein the reasons why the decision of staff or the commission should be amended, modified or reversed.
         
         The appeal application shall specify the project or decision for which the appeal is being requested. The application shall indicate which aspects of the decision are being appealed. The appeal application shall provide the necessary facts or other information that supports the appellant's contention that the staff or commission erred in its consideration or findings supporting its decision.
      3. Setting of appeal. The appeal must be scheduled for hearing and a decision rendered within 60 days of said appeal being received.
      4. Withdrawal of appeal. Upon delivery of a signed written statement the appellant may withdraw its appeal at any time prior to the date of the appeal hearing.
      5. Notice of appeal hearings.
         1. Notice of appeal hearings shall be given to all parties involved ten days before the date set for hearing; notices shall be issued by the clerk of the board for hearings set before the board.
         2. Continuances of appeals shall not require written notice ten days prior to the date that the hearing will reconvene.
      6. Evidence.
         1. To ensure that all parties have access to their elected officials, the board shall not be limited to the record of the commission.
         2. The board shall consider only the issues raised before the commission, however, all relevant evidence pertaining thereto which is necessary to render a decision based on substantial evidence shall also be considered.
      7. Decision. The board may affirm, modify or reverse the decision of the commission by a simple majority vote.
7. Administrative abandonment of public utility easements. For the purposes of this subsection a "public utility easement" is an easement obtained by Churchill County or a public utility which is owned or controlled by Churchill County and which runs in favor of the county. Pursuant to NRS § 278.480(10) and through the use of the procedure contained in this subsection, a public utility easement may be abandoned without a hearing of the board or the commission. The owner of property who seeks abandonment of a public utility easement involving his or her property shall file an application in writing with the planning department on the forms required by that department or through the record of survey/boundary line adjustment process. The application shall also include a legal description and exhibit prepared and signed by a surveyor licensed in the state of Nevada. The director of the planning department, or his or her designee, may issue a written order to the affected parties abandoning a public utility easement after:
   1. Receiving a complete application;
   2. Obtaining the written approval of the county engineer or surveyor, or his or her designee; and
   3. Determining the subject public utility easement is no longer necessary or useful to Churchill County. The abandonment of a public utility easement pursuant to this subsection does not affect an easement held by a private utility company even if such private utility easement was created by the same instrument or it has the same legal description, and also does not affect an easement held by the public as distinguished from an easement held by Churchill County or a public utility owned or controlled by Churchill County. A decision of the director made under this subsection may be appealed in the manner provided for in this title.
      
      In addition to any other applicable requirements set forth in this section, before vacating or abandoning a public utility easement, the governing body of the local government having jurisdiction over the easement, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall provide each public utility and video service provider serving the affected area with written notice that a petition has been filed requesting the vacation or abandonment of the easement. After receiving the written notice, the public utility or video service provider, as applicable, shall respond in writing, indicating either that the public utility or video service provider, as applicable, does not require an easement or that the public utility or video service provider, as applicable, wishes to request the reservation of an easement. If a public utility or video service provider indicates in writing that it wishes to request the reservation of an easement, the governing body of the local government having jurisdiction over the easement that is proposed to be vacated or abandoned, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall reserve and convey an easement in favor of the public utility or video service provider, as applicable, and shall ensure that such easement is recorded in the office of the county recorder.
8. Abandonment of streets and easements.
   1. Any abutting property owner, or Churchill County, desiring the vacation or abandonment of any street or easement owned by Churchill County, shall file a petition, in writing, with the planning commission. Said petition shall be filed no less than 45 days prior to the day of the planning commission meeting and shall be accompanied by a legal description of the easement, a reason(s) why the easement is no longer required and a filing fee, the amount to be set by the board of county commissioners and amended from time to time.
   2. Upon the filing of an application the planning commission shall set the matter for public hearing.
   3. Notice of the public hearing shall be published once in a newspaper of general circulation within the county at least ten days prior to the hearing. Each owner of property abutting the proposed abandonment shall be notified by certified mail at least ten days prior to the hearing of the scheduled date and time of the hearing. In addition to any other applicable requirements set forth in this section, before vacating or abandoning a street, the governing body of the local government having jurisdiction over the street, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall provide each public utility and video service provider serving the affected area with written notice that a petition has been filed requesting the vacation or abandonment of the street. After receiving the written notice, the public utility or video service provider, as applicable, shall respond in writing, indicating either that the public utility or video service provider, as applicable, does not require an easement or that the public utility or video service provider, as applicable, wishes to request the reservation of an easement. If a public utility or video service provider indicates in writing that it wishes to request the reservation of an easement, the governing body of the local government having jurisdiction over the street that is proposed to be vacated or abandoned, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall reserve and convey an easement in favor of the public utility or video service provider, as applicable, and shall ensure that such easement is recorded in the office of the county recorder.
   4. The planning commission shall make a recommendation to the board of county commissioners by a signed resolution.
   5. Upon receipt of the resolution from the planning commission, the board of county commissioners shall set the matter for public hearing. Notice of said hearing shall be published once in a newspaper of general circulation in Churchill County at least ten days prior to the hearing. Each owner of property abutting the proposed abandonment shall be notified by certified mail of the public hearing at least ten days prior to the hearing.
   6. Upon public hearing, if the board of county commissioners is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The order may be made conditional and the order becomes effective only upon the fulfillment of the conditions prescribed.
   7. The order must be recorded in the office of the Churchill County recorder, if all the conditions of the order have been fulfilled.
   8. Upon recordation, title to the easement reverts to the abutting property owners in approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, Churchill County may sell the vacated portion upon such terms and conditions as the board of county commissioners deems desirable and in the best interests of Churchill County. If the vacated portion is sold, the board of county commissioners shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his/her property, but no action shall be taken to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property owner.
   9. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the Board of county commissioners may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration, as the board of county commissioners determines to be reasonable.
9. Master plan.
   1. Purpose. The purpose of this subsection is to provide for the adoption of the Churchill County master plan and amendments to the master plan.
   2. Adoption of master plan. The commission shall prepare and adopt a comprehensive, long term master plan for the physical development of Churchill County. This plan shall be known as the county's master plan and must be so prepared that all or portions thereof may be adopted by the board as the basis for the development of the county for a set, reasonable period of time pursuant to NRS § 278.150(4). The master plan will serve as a pattern and guide for sustainable managed growth and development in Churchill County without significant impacts to the natural resources.
   3. Elements of the master plan. The master plan, along with accompanying charts, drawings, diagrams, schedules and reports, may include, but is not limited to, community design, conservation plans, economic plans, historical preservation plans, housing plans, land use plans, population plans, recreation plans, public services and facilities, transportation plan, solid waste disposal plan, streets and highways plan and as may be the basis for the physical development thereof as stated under NRS § 278.160, as amended from time to time by the Nevada legislature.
      
      The commission may prepare and adopt all or a portion thereof of the master plan for all or any part of the county pursuant to NRS § 278.170.
      
      The commission shall, during the formation of plans for community design and public buildings, notify the school district's governing body to consider the preparation of such plans and to adequately and properly locate school sites.
   4. Interest in master plan. The commission shall endeavor to promote public interest in and understanding of the master plan and regulations relating thereto. As a means of furthering the purpose of the master plan, the commission shall review the master plan at least every five years, and as needed in between not to exceed state regulations, and make recommendations to the board for the implementation of the master plan and amendments to the master plan. It also shall consult and advise with public officials, agencies and citizens to implement such plans.
      
      The master plan may be amended by the board no more than two times per year unless the applicant can substantiate that one or more of the following criteria apply to the proposal:
      1. The proposed master land use plan amendment is needed by Churchill County for purposes of protecting the public health, resolving an emergency situation, or meeting a public purpose; or
      2. The applicant has been specifically directed by the board or commission to submit a master land use plan amendment as a condition of an agreement or development agreement (exclusive of a planning project approval, building permit approval) between the applicant and county.
         
         Pursuant to NRS § 278.190, subsection 3, the commission members and employees, in the performance of their functions, may enter upon any land and make examinations and surveys. Furthermore, pursuant to subsection 4, the commission shall have power as may be necessary to enable it to fulfill its function and carry out the provisions of this title and NRS §§ 278.010 to 278.630, inclusive.
         
         The county's master plan shall be, but is not limited to, a map, together with such charts, drawings, diagrams, schedules, reports, ordinances, or other printed or published material, or any one or a combination of any of the foregoing as may be considered essential to the purpose of carrying out this title and NRS §§ 278.010 to 278.630, inclusive.
   5. Implementation of master plan by the board. Whenever the board has approved the commission's adopted master plan or a part thereof, the board shall, upon recommendation of the commission, determine a reasonable and practical means for implementing the master plan or a portion thereof.
   6. Notices for master plan amendments. Notice for all master plan amendments shall be given in accordance with the provisions of this subsection and NRS § 278.210. If a master plan element contains specific development plans, then notice in addition to this subsection as well as NRS § 278.210 shall be accomplished, and furthermore, noticing of the specific development site shall be in accordance with the provisions of NRS § 278.315(3).
   7. Commission action. The commission may take action to adopt or deny a master plan amendment. An action to adopt a master plan amendment shall be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership. The resolution shall refer expressly to the maps, descriptive matter, text, or other matter intended by the commission to constitute the amendment. Failure of the commission to hold a public hearing or take action within the time frames provided in this subsection shall constitute a recommendation of approval of the master plan amendment application.
      1. Forwarding. When forwarding its decision to the board for adoption of a master plan amendment, the commission shall, at a minimum, make the following findings of fact:
         1. That the proposed amendment is consistent with and not contrary to the present elements of the Churchill County master plan.
         2. The proposed amendment addresses changed conditions that have occurred since the plan was adopted by the board.
         3. The proposed amendment will promote a desired pattern of orderly physical growth of the county, and/or guides a particular type of development activity within the county, which will be based on the projected population growth with the least amount of natural resource impairment, and/or the efficient expenditure of funds for public services.
   8. Planning commission report. Within 45 days of the action by the commission on the proposed master plan amendment, a report describing the amendment, discussion at the public hearing, and notice and vote of the commission, along with a certified copy of the proposed amendment shall be transmitted to the board. If the commission does not recommend adoption, it should state why it could not make the required findings for adoption.
   9. Board review. The board shall review a master plan amendment in accordance with the provisions of this subsection.
      1. Time period for hearing. The county clerk shall schedule a public hearing before the board on the recommendation of an amendment by the commission within 45 days of the filing of the action by the commission.
      2. Notice of hearing. The public hearing shall be noticed as required by NRS § 278.220.
      3. Board action. If the board is considering recommendation of a denial of a master plan amendment request, it may use the record and any additional evidence introduced to the commission and may confirm or uphold the denial based upon its interpretation of the findings required. If new information is submitted at the board meeting which was not considered by the commission, the board, prior to taking action, will refer the matter back to the commission for further review and possible action. Final action to approve the amendment shall require a simple majority (two-thirds majority) vote of the board members in attendance.
   10. Written record. When taking final action on the commission's action, the board shall make part of the record their affirmation, modification or rejection of the findings of fact provided in the commission's final action, as well as any other findings of fact that the board deems to be relevant.
   11. Effective date. A master plan amendment shall become effective immediately upon a determination by the board that the amendment is in conformance with the master plan and all noticing procedures have been fully complied with.
   12. One year wait for denials. After the denial of a master plan amendment, no application for a master plan amendment for the same or similar amendment may be accepted for one year immediately following the denial.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2006-G, 2006; Bill No. 2007-I, 2007; Bill No. 2010-G, 2010; Bill No. 2012-F, 2012; Bill No. 2018-C, 2018; Bill No. 2018-E, 2019; Bill No. 2019-A, 2019)