Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

The requirements herein set forth shall apply and govern in all districts and shall be applicable to all uses and buildings hereafter erected and used, and to such nonconforming building uses as may be required to conform.

(Ord. 94-4 § 12.04.01, 1994)

A.

Required. Off-street parking vehicle space shall be provided for all buildings and uses as hereinafter specified unless otherwise defined. Such parking shall be reasonably adjacent to the use or building being served; be intended specifically to serve the residents, patrons or employees of said use or building; and the required number of spaces must be demonstrably usable and accessible for such purposes.

B.

Application to Existing Uses. The provision of parking spaces shall not be required for legally existing uses as of the date of this chapter, but shall be required for any extension of such use by the addition of new primary floor area or other special spatial expansion of building or use generating new parking demand.

C.

Parking, Storage or Use of Major Recreational Equipment. For the purposes of these regulations, major recreational equipment includes boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreation equipment, whether occupied by such equipment or not.

1.

Major recreation equipment shall be parked or stored on the lot and not in the street in a residential zone.

2.

No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

D.

Parking, Storage or Use of Commercial, Industrial or Agricultural Equipment.

1.

No commercial, industrial or agricultural vehicles with a gross vehicle weight over five tons shall be parked anywhere in a residential zone.

2.

No such vehicles equipped with tandem axles shall be parked anywhere in a residential zone.

E.

Determination of Need. The number of parking spaces required shall be based upon the anticipated parking demand of the individual uses and shall be as follows or as may be designated hereinafter for specific uses or situations; a combination of uses permitted shall provide off-street space in ratio to the combined uses:

F.

Parking spaces as required in the foregoing shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as six hundred feet. Every parcel of land hereafter used as a public parking area shall be surfaced with asphalt, concrete or other hard surfaces constructed to current Lander County Orange Book standards. Any lights used to illuminate said parking area shall be so arranged to reflect the light away from the adjoining premises in a residential district.

G.

Parking requirements shall at no time be considered sufficient for any additional use of premises, and additional spaces shall be provided to meet requirements when there is any change to a different industrial use or to a commercial use.

H.

General Requirements and Parking Criteria.

1.

Any off-street parking area other than provided for a residence, having a capacity for more than three vehicles, shall be hard surfaced, fitted with bumper guards and permanently maintained.

2.

Any off-street parking area, other than that provided for a residence, which abuts or faces a residential district shall provide a planting screen, landscape fence or wall at least four feet in height along the side abutting or fronting on a residential district. Plans for such a screen shall be submitted to the planning commission for approval before installation.

3.

Off-street parking may be established in required rear or side yards in any residential zone, R-1, R-2 and R-3 and in front, rear or side yards in R-4 and nonresidential zones:

a.

Fifty percent (up to forty feet) of the available curb parking space adjacent to the exterior boundaries of the property may be deducted from the eighty feet total off-street parking facilities required.

b.

When off-street parking facilities are located adjacent to a public right-of-way, the width of the right-of-way may be assumed to be a portion of the maneuvering space.

c.

If suitable, available, adjacent or nearby public parking places exist, the planning commission may permit modifications in specific off-street parking requirements.

d.

No vehicles constituting an eyesore, creating a public safety hazard, or considered a nuisance shall be parked anywhere in a residential zone.

e.

Driveways or other areas required to move cars in or out of parking spaces are not to be considered in meeting off-street parking space requirements.

f.

Off-street parking may be permitted in any zone which is more restrictive than that required for the major land use it is intended to serve:

i.

Subject to the issuance of a special use permit;

ii.

Provided that no advertising signs be erected or used in connection therewith.

4.

Lights provided in any parking area shall be hooded or beamed as not to create undesirable glare or illumination of adjacent property.

5.

For the purpose of this chapter, one parking space shall not be less than one hundred eighty square feet in area. When the required number of off-street spaces results in a fractional space, fractions over one-half shall require additional space.

6.

Open parking of cars accessory to a residential use shall be limited to those actually used by the residents, or for temporary parking of guests. Storage of unused or inoperative vehicles is prohibited.

7.

In a nonresidential district, at least five percent of the total area used for parking and related activities shall be landscaped by planting new or preserving existing trees and shrubs.

8.

In cases of uncertainty or where requirements are not specifically enumerated, the planning commission shall determine the appropriate parking requirements unique to the specific situation.

(Ord. 94-4 § 12.04.02, 1994)

A.

Required. In commercial and industrial districts, off-street loading space shall be provided in addition to the required off-street parking area for every building used for commercial or industrial purposes, which building is in excess of three thousand square feet in area exclusive of storage area.

B.

Standard Dimension. An individual loading space shall be at least ten feet wide by forty-five feet long and have a minimum height clearance of fourteen feet.

C.

Determination of Need. The number of spaces provided shall be based upon the operating characteristics of the individual use and shall be subject to approval by the planning commission upon submittal of site and operational plans.

D.

Street Servicing Prohibited. No building for commercial or industrial purposes shall hereafter be erected or placed on a lot in a manner requiring servicing directly from the abutting public street.

(Ord. 94-4 § 12.04.03, 1994)

A.

Adequate Drainage Required. No main building shall be erected, structurally altered or relocated on land which is not adequately drained at all times nor which is subject to regular flooding, nor so that the lowest floor level is less than two feet above the highest anticipated seasonal groundwater level.

B.

The damming, filling, relocation or otherwise interfering with a water drainage channel or natural water course shall not be permitted except by approval of the county commissioners.

C.

No building other than a bridge, dam, boathouse or revetment subject to the aforesaid approval shall be erected, structurally altered or relocated so that the lowest floor of such building is less than two feet above the maximum high-water level as determined by the latest flood insurance map.

(Ord. 94-4 § 12.04.04, 1994)

A.

Except as otherwise provided, no tent, box car, passenger coach, bus or streetcar body may be erected or occupied in any use district for permanent living quarters.

B.

Manufactured housing may be used for permanent living quarters or sleeping quarters only in residential districts zoned for such use.

C.

Manufactured housing may be used for commercial purposes only where zoned for such purposes and only:

1.

As a sales office for a new or used trailer sales business if such trailer is on the same lot or parcel of land where the business is located and if, on such lot or parcel of land, new or used trailers, other than that used for a sales office, are normally kept for display to the public;

2.

As a sales office for a new or used auto sales business conducted on the same lot or parcel of land;

3.

As a construction building at the site of a construction project only for the duration of such project.

D.

A commercial coach may be used for commercial purposes where for such purposes.

(Ord. 94-4 § 12.04.05, 1994)

In addition to any other requirements in this chapter, no livestock consisting of horses, cows, sheep or other large animals may be stabled or housed in any area unless the following requirements are met:

A.

The minimum lot size is one acre.

B.

Stables shall be at least fifty feet from any property line.

C.

The lot size shall be at least one-half acre per animal.

(Ord. 94-4 § 12.04.06, 1994)

A.

It is unlawful to construct, erect or locate in any agricultural or residential district, private garages or any accessory building without a permissive main building, except a permitted accessory building may be constructed and occupied as and for a legal use for not more than one year during the construction of a permanent main building, providing that a permit for the construction of the permissive main building is issued.

B.

On a corner lot facing two streets, no accessory building shall be erected so as to encroach upon the setback line of either frontage.

C.

An attached or detached accessory building or carport, of use as a private garage, may be built to within fifteen feet of the street line.

D.

An accessory building may be connected to the main building by a breezeway or to the structure, in which case it is considered attached and applicable setbacks will apply.

E.

No accessory use or structure shall be permitted that by reasons of noise, dust, odor, appearance or other objectionable factor creates a nuisance or substantial adverse effect on the property value or interferes with the quiet enjoyment of the surrounding properties.

F.

A building permit for any accessory building to be used as a storage shed or similar type structure shall not be issued by the Lander County building department if the proposed building's wall height exceeds eight feet. If a proposed accessory building's wall height will exceed eight feet, the building official will present the application to the Lander County commission at its next regularly conducted session and issue the building permit at the direction of the commission upon approval of the application. The commission's determination shall be the final determination in the matter. Nothing in this section shall prohibit a land owner from constructing a garage or barn with wall heights exceeding eight feet.

(Ord. 2007-02 § 1, 2007: Ord. 2006-04 § 1, 2006; Ord. 94-4 § 12.04.07, 1994)

A.

Notwithstanding any other provision of the Lander County Zoning Ordinance (Chapter 17 of the Lander County Code), any licensed medical doctor may locate his/her medical office anywhere within one-and-a-half blocks of any hospital, and any licensed attorney at law may locate his/her law office anywhere within one-and-a-half blocks of any courthouse.

B.

Limitations. The exemption provided in subsection A of this section applies only to medical and law offices and not to any unrelated additional business or occupation and is an exemption from the zoning ordinance alone and not from any applicable building code or other local, county, or state provision, ordinance, statute, or other law.

(Ord. 99-3 §§ 2, 3, 1999)

A.

Required water dedication.

1.

Pursuant to Nevada Revised Statutes ("NRS") 278.461(2), in the groundwater basins currently designated as depleted by the Nevada Division of Water Resources, and in any groundwater basins that will be designated by the Nevada Division of Water Resources as depleted in the future, a parcel map creating new parcels of less than five acres shall be required to relinquish two acre feet of water rights for each newly created parcel. The applicant is responsible for the costs associated with acquiring the water rights and relinquishments.

2.

The form and type of water rights, should the application be approved, must be valid and acceptable to Lander County in all respects.

3.

Prior to recordation of any map which creates additional parcels within the county, the transfer of water rights shall be completed.

B.

Water Right Retention. Lander County, in its discretion, may continue to hold the water rights received from parceling of property, or may revert the water rights to the source by making application to the state water engineer in accordance with NRS Chapter 534 to reserve the water right for credit to a public water system at the time a public water system serves the parcel or parcels.

C.

Developments in Process Unaffected. No land development which was in process at the time of adoption of this section shall be subject to this section.

D.

Exceptions. Any division or parceling of land which does not require water for its intended use, may be exempted from the water reservation provisions of this chapter. In such circumstances, the applicant shall submit, at the time the application is approved, a written and binding statement of intent to not use any water originating from said newly created parcel or parcels. This binding statement of intent shall be recorded on any map which creates additional parcels within the county and recorded as a restriction on the deed or on an attachment to the deed at the time it is recorded.

(Ord. 2008-09 § 2, 2008)

(Ord. No. 2009-03, § 2, 3-26-2009; Ord. No. 2010-2005, § 1, 10-28-2010; Ord. No. 2012-02, § 1, 3-22-2012)

The following sign regulations are established to assure compatibility of signs with surrounding land usage, to enhance the economy of the county, to protect the public investment in streets and highways, to promote the safety and recreational value of public travel, to preserve natural beauty and to protect tax revenues by promoting the reasonable, orderly and effective display or outdoor advertising as stated in the current UBC Sign Code Book.

(Ord. 94-4 § 12.04.08 (part), 1994)

No sign shall be erected, maintained or operated:

A.

Except for authorized traffic signs, no sign shall be erected at the intersection of any streets in such a manner as to create a traffic hazard by obstructing vision between the heights of two and one-half and eight feet; or any location where it may interfere with or obstruct the view;

B.

Which imitates or resembles any official traffic sign, signal or device or uses the words "Stop" or "Danger" prominently displayed or presents or implies the need or requirement of stopping or the existence of danger on any highway;

C.

Which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled ways of a street or highway and which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle;

D.

Which advertises any activities which are illegal under state or federal law or regulations in effect at the location of such signs or at the location of such activities;

E.

Which is obsolete or inconsistent with state law or the provisions of this title.

(Ord. 94-4 § 12.04.08 (part), 1994)

No person except a public officer or employee in performance of a public duty shall paste, post, paint, print, nail, tack, erect, place, maintain or fasten any sign, pennant, outdoor advertising sign, billboard or notice of any kind, or cause the same to be done, facing or visible from any public street or public open space, except as provided herein.

(Ord. 94-4 § 12.04.08 (part), 1994)

The following shall not be deemed to be included within the definition of "sign":

A.

Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal devices or warnings at railroad crossings;

B.

Memorial tablets or signs;

C.

Signs required to be maintained by law or governmental order, rule or regulation, with a total surface area not exceeding ten square feet on any lot or parcel;

D.

Signs which are within a ballpark or other similar recreational use and which cannot be seen from a public street or adjacent properties;

E.

Flags or emblems of a civic, philanthropic, educational or religious organization, temporary in nature;

F.

Signs displayed for the direction or convenience of the public, including signs which identify restrooms, location of public telephones, freight entrances, no trespassing and posted signs, or the like;

G.

Signs directing traffic on private property but bearing no advertising matter, with a total surface area not exceeding eight square feet per sign on any lot or parcel and provided that no parts of such signs other than columns and supports shall be located between three and one-half and seven feet above grade;

H.

Signs placed by a public utility showing the location of underground facilities.

(Ord. 94-4 § 12.04.08 (part), 1994)

Signs will be permitted in the various districts subject to the issuance of a building permit as follows:

A.

A-1, A-2:

1.

Business signs on the same ground as the business itself;

2.

Church bulletin boards and identification signs;

3.

Directional signs;

4.

Home occupation signs not to exceed one square foot per sign;

5.

Temporary signs;

6.

General advertising signs (billboards).

B.

A-3:

1.

Business signs;

2.

Directional signs;

3.

Temporary signs;

4.

General advertising signs (billboards).

C.

R-1, R-2, R-3, R-4, MO, MP, AH:

1.

Business signs, only to advertise the sale or rent of the premises upon which erected, with a total area not exceeding thirty-two square feet per sign;

2.

Church bulletin boards and identification signs, with a total surface area not exceeding forty square feet per sign;

3.

Directional signs, with a total surface area not exceeding four square feet per sign;

4.

Home occupation signs, with a total surface area not exceeding one square foot per sign;

5.

Temporary signs with special permission from the building inspector.

D.

C-1, C-2, TC, MRC:

1.

Business signs;

2.

Church bulletin boards and identification signs;

3.

Directional signs;

4.

General advertising signs (billboard);

5.

Home occupation signs;

6.

Temporary signs.

E.

M:

1.

Business signs;

2.

Directional signs;

3.

General signs;

4.

Temporary signs.

(Ord. 94-4 § 12.04.08 (part), 1994)

Signs shall be located fifteen feet or more from any street right-of-way, excepting signs that are permanently attached to the main structure. There shall be excluded from this setback requirement business signs advertising the sale or rent of the premises, which may be erected up to the property line.

(Ord. 94-4 § 12.04.08 (part), 1994)

A sign shall not exceed a height of twenty feet. A sign shall not exceed a width of forty-eight feet. In addition to the height and width restrictions, when constructed, the top of the sign shall not exceed thirty feet above ground level or the street to which it is oriented, whichever is higher.

(Ord. 97-7 § 1, 1997: Ord. 94-4 § 12.04.08 (part), 1994)

Any sign lawfully in existence at the time of the effective date of the ordinance codified in this title may be maintained although it does not conform with the provisions of this title.

(Ord. 94-4 § 12.04.08 (part), 1994)

Any person, firm, partnership, corporation, association or other owner or occupant of any real property of less than five acres who shall within the confines thereof by means of plowing, discing, or any other means, expel dust or other particulate matter into the air, shall first file with the board of county commissioners an application for a permit.

(Ord. 94-4 § 12.04.09.01, 1994)

The application required by this section shall state the name of the owner and occupant of the real property, a legal description of the real property sought to be disturbed, the reason for the disturbance, the eventual use for which the disturbed will be used and a plan or method by which the applicant will reduce the dust or other particulate matter which will be expelled into the air. Said application shall be considered by the board of county commissioners at the next regularly scheduled meeting thereof, provided the same is filed at least ten days prior thereto. If the board determines that the application is in proper form and that the permit should be granted, said permit will be issued forthwith. If the permit is refused, a written statement of the reasons for the refusal shall be transmitted by the clerk of the board to the applicant.

(Ord. 94-4 § 12.04.09.02, 1994)

A.

Any person, firm, partnership, corporation, association or other entity engaged in the business of hauling minerals, ores, concentrates or other mining products on or over the unpaved portions of any street, road or highway within the confines of Lander County shall take such measures, including sprinkling with water, as are reasonably necessary to reduce or eliminate the expelling of dust or other particulate matter into the air, whenever the conditions of the road surface so require.

B.

Any person, firm, partnership, corporation, association or other entity maintaining an uncovered stockpile of mineral material or ore within Lander County shall take such measures, to prevent the expelling of dust or conditions of stockpile as required.

(Ord. 94-4 § 12.04.09.03, 1994)

It shall be the duty of the Lander County building inspector to inspect road surfaces as set forth in Section 17.12.030A and uncovered stockpiles as set forth in Section 17.12.030B and to recommend to the users thereof the appropriate methods to take in order to reduce or eliminate the expelling of dust or particulate matter into the air, whenever the conditions of the stockpiles so require.

(Ord. 94-4 § 12.04.09.04, 1994)

The planning commission shall hear special use permit and home occupation special use permit applications. Before a permit may be granted, evidence is required that the proposed use:

A.

Is necessary to the public health, safety, convenience and welfare;

B.

Is a use permitted in a land use district subject to the provisions of this section. A special use permit may not be issued for a use not conditionally permitted within a land use district; and

C.

Will not result in material damage or prejudice to other property in the vicinity;

D.

The following procedures and conditions apply:

1.

Notice to property owners within three hundred feet of the exterior boundaries of the proposed area as shown on the latest assessor's property maps shall be given for a special use permit by certified mail or hand carried by the building department, or by first class mail for a home occupation special use permit, at least ten days before the date of the public meeting at which the application will be considered. The special use permit application shall have a sign-off line for the county assessor. Before signing off on the application the assessor shall review the same to determine:

a.

That the assessor's parcel number listed on the application is correct,

b.

That the physical address listed on the application is correct,

c.

That the property taxes for the parcel which is the subject of the application have been paid and are current, and

d.

That the purported owner(s) of the parcel listed on the application correspond to the owner(s) of record in the records of the assessor,

2.

The planning commission shall set time limits for all special use permits. All permits issued shall be nontransferable,

3.

A site plan of the proposed area pertaining to the special use permit or home occupation special use permit shall accompany the permit application,

4.

An application fee in the amount of two hundred fifty dollars for a special use permit, or in the amount of fifty dollars for a home occupation special use permit, shall accompany the permit application,

5.

A permit application for a special use permit or a home occupation special use permit shall be accompanied by an affidavit of the owner of property involved that the statement, answers and information submitted with the application in all respects are true and correct to the best of the owner's belief and knowledge.

E.

Any protest against the issuance of the permit shall be considered whether or not the person is entitled to notice of the proposal, but no protest or combination of protests is binding upon the planning commission;

F.

The planning commission shall issue or deny the permit and so notify the applicant within forty-five days after the application is filed;

G.

The planning commission may impose certain appropriate conditions under which proposed use may be allowed, which will prevent material damage to adjacent properties and provide suitable safeguards to the public health, safety and general welfare. Such conditions may include without limitations time limitations, architectural considerations, access provisions, off-street parking, greenbelt planting and any pertinent controls. The planning commission may adopt standard conditions to apply to all permits;

H.

A copy of final action shall be furnished to the building official and to the board of county commissioners;

I.

All such conditions to the granting of special use permit shall be in writing and copies made a part of the records of Lander County.

(Ord. 2003-01 § 1, 2003; Ord. 2001-09 § 1, 2001; Ord. 2001-05 § 1, 2001: Ord. 94-4 § 12.04.010 (part), 1994)

The planning commission shall hold a public hearing in accordance with the following procedure:

A.

Hearing. Such hearings shall be held by the planning commission within thirty-five days following the initiation of such proceedings. Notice of time and place of hearing shall be published in a newspaper not less than ten days prior to the date of such hearing. Such notice shall describe the conditions of the special use permit, the lot, parcel, or properties and other pertinent information.

B.

Notice. The planning commission shall mail to the applicant and to all real property owners within three hundred feet of the exterior boundaries of the proposed area as shown on the latest assessor's property maps, written notice of the time, place and date of such hearings and the general location of the property of the addressee with reference to the conditions of the permit, not less than ten days prior to the public hearing date.

(Ord. 94-4 § 12.04.010 (part), 1994)

Subject to the limitation of this chapter, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. The underlying zone must specifically allow for the use of a home occupation to receive a permit. All permits shall be subject to annual review unless the time is set sooner by the board.

(Ord. 97-5 § 2 (part), 1997)

A home occupation is a business, profession, occupation or trade that:

1.

Is conducted for gain or support by a full-time occupant of a dwelling unit;

2.

Is incidental and secondary to the use of such dwelling unit for dwelling purposes; and

3.

Does not change the residential character of such dwelling unit.

(Ord. 97-5 § 2 (part), 1997)

A.

Employee Limitations.

1.

The entrepreneur of every home occupation shall be domiciled in the dwelling unit where such occupation is conducted.

2.

No person who is not domiciled in the dwelling unit where a home occupation is conducted shall be employed in connection with, or otherwise participate in the operation of, such occupation. This limitation shall not apply to employees who do not work at the dwelling unit devoted to such occupation.

B.

Structural Limitation.

1.

No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit, including the enlargement of public utility services beyond that customarily required for residential use.

C.

Operational Limitations.

1.

No activity shall be conducted on a residential lot unless it is conducted wholly within a principal dwelling unit or permitted accessory structure.

2.

No more than a total of four hundred eighty square feet of floor area (exclusive of garage floor area devoted to permissible parking of a vehicle used in connection with the home occupation) of any dwelling unit or any permitted accessory structure shall be devoted to the conduct of a home occupation.

3.

No stock in trade shall be displayed or sold outside of the dwelling unit used in any home occupation.

4.

No routine attendance of patients, clients, subcontractors or employees associated with any home occupation shall be allowed. The attendance of up to five customers at any one time may be allowed for the purpose of receiving private instruction in any subject or skill. "Routine attendance" means that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency or duration of such visits.

5.

No mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor or radiation outside the dwelling unit or any permitted accessory structure that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.

6.

No outdoor storage shall be allowed in connection with any home occupation.

7.

No refuse in excess of the amount allowable for regular residential pick-up shall be generated by any home occupation.

8.

No home occupations of any use entailing food processing or packing, harboring of animals, automobile repair or similar activity shall be allowed to receive a permit.

D.

Signage and Visibility. A sign not larger than one square foot in connection to the home occupation shall be allowed. The sign must be attached to the residence or displayed in a window.

E.

Traffic Limitations. No home occupation shall generate more traffic than is typical of residences in the area.

F.

Nuisance-Causing Activities. In addition to the foregoing specific limitations, no home occupation shall cause any nuisance or be noxious, offensive or hazardous.

G.

Licensing Requirements. Every home occupation shall be subject to applicable business licensing and inspection requirements.

H.

Non-Transferrable. Home occupation permits are not transferrable with the property.

(Ord. 97-5 § 2 (part), 1997)

Special development concepts may be considered in any district if in accordance with this chapter and the Nevada Revised Statutes, Chapter 278A.

(Ord. 94-4 § 12.04.11 (part), 1994)

The objectives for the planned unit residential developments are as follows:

A.

To plan for residential development to the end that all residents have access to good and decent housing opportunities;

B.

To plan for the use and location of manufactured housing such that:

1.

The opportunity for the use of manufactured housing as a lower cost housing alternative is available within specified locations;

C.

Development of areas for relatively short-term housing is not detrimental to long-term growth and development of the community;

D.

To plan for protection of the community's open atmosphere while retaining the flexibility needed to allow clustering multifamily dwellings on a separate lot;

E.

To plan for growth in Lander County, as natural resource constraints allow, and away from known flood plains;

F.

To locate streets in such a way as to protect neighborhood integrity while providing the best possible transportation of people and materials;

G.

To keep large commercial vehicles off residential streets as much as possible;

H.

To provide adequate recreation opportunities for the citizens through community parks, common open space in residential developments and other desirable means.

(Ord. 94-4 § 12.04.11 (part), 1994)

Permitted uses in planned unit developments are as follows:

A.

Uses permitted subject to the issuance of a special use permit: private parks, recreation areas and buildings, clubs and social halls, playing fields, common owned areas, swimming pools, all in connection with an overall development and not operated as a business for commercial purposes.

B.

A variety of dwelling types and land uses which complement each other and harmonize with existing and proposed uses in the vicinity. Standards of building site area, maximum coverage, open space, landscape areas and off-street parking shall be defined specifically by special use permit; however, the average density per net acre, including common owned grounds, shall not be greater than the density required by the underlying regulations for the land use district in which the planned unit development is located, except that residential densities may be increased to ten percent over those allowed in the respective underlying zoning.

C.

Considerations under which the above uses may be established:

1.

The tract or parcel of land involved must contain sufficient area to allow at least ten dwelling units (and one hundred thousand square feet for any mixed classification) and either be in one ownership or subject to a joint action by all owners of contiguous property included in the proposed development. The holder of a written option to purchase land shall be deemed to be an owner for the purposes of such application.

2.

The regulations prescribed for special use permits shall control the procedure for application, hearing action and conditions of special use permits for planned unit developments; provided, however, that in addition the application shall be accompanied by:

a.

A boundary survey map of the area. If applicant proposes to subdivide property, a tentative subdivision map may be submitted for this requirement;

b.

A map of the existing and proposed topography of the proposed development area with contours at intervals of not more than two feet;

c.

Other topographical features, including all trees over six inches in diameter (or groves where grouped), trees to be removed and other natural features;

d.

An overall development plan showing the use or uses, dimensions and locations of proposed streets, parks, playgrounds, school sites, recreational areas and other spaces with such other pertinent information as may be necessary for determination that the contemplated plan makes it desirable for applying regulations and requirements differing from those ordinarily applicable under this chapter. This information shall include the proposed street system; proposed building site layout; proposed reservation for parks, parkways, playgrounds, recreational area and open spaces; proposed location of commercial land uses (if any) and appropriate off-street parking, garages, and parking spaces, fire hydrants, street signs, street lights and other street furniture;

e.

Character, materials, color and texture to show development design in three dimensions;

f.

Elevations and perspectives to show relationship of building heights to surrounding topography;

g.

Legal means of administration, control;

h.

A tabulation of the gross land area of the development, a tabulation of the area to be devoted to each land use and a tabulation of the average population density per net acre including common owner grounds, and per gross acre in the area devoted to residential use.

3.

Exclusive park and open space areas shall be not less than thirty percent of gross area with adequate legal controls to insure perpetual preservation and maintenance. The county of Lander shall be a third party to all such control.

(Ord. 94-4 § 12.04.11 (part), 1994)

There shall be not less than two off-street parking spaces for each dwelling unit and all other uses, together with sufficient off-street spaces as determined for guests, service areas and delivery vehicles.

(Ord. 94-4 § 12.04.11 (part), 1994)

Height limits are subject to design and issuance of special use permit.

(Ord. 94-4 § 12.04.11 (part), 1994)

All structures shall be located fifteen feet or more from the property line of the lot or parcel.

(Ord. 94-4 § 12.04.11 (part), 1994)

The planning commission may recommend a permit for a planned unit development as the use permit was requested, or in a modified form, if from the application and evidence submitted, the following findings are made:

A.

That the proposed development is in accord with the objectives of this chapter and the purpose of the district in which it is located;

B.

That the development will not be detrimental to the public health, safety and welfare or injurious to the area;

C.

That the combination of difference in dwelling types and variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

(Ord. 94-4 § 12.04.11 (part), 1994)

The planning commission may require as a condition to recommending a planned unit development special use permit, all or any of the following:

A.

Upon the abandonment of the project for which the planned unit development special use permit was issued, or upon the expiration of two years from the date of granting of the permit for a planned development which same has not then been commenced, and an extension of time for completion has not been granted, the planned unit development special use permit shall expire.

B.

The planned unit development special use permit may be revoked if the developer deviates from the development plan as approved, without first obtaining the consent of the governing body to such change or changes.

C.

If the planned unit development contains common owned areas and/or facilities, that the subdivider shall make provisions in the declaration of tract restrictions that common owned areas and/or purpose or purposes as set forth in the planned Unit Development Special Use Permit, and

1.

If the subdivider files or causes to be filed a petition for the formation of community services district for the preservation and maintenance of such common owned areas and/or facilities.

2.

If the subdivider represents in writing the means by which preservation and maintenance of the common owned areas and/or facilities is to be accomplished and the payment of all taxes thereon assured.

(Ord. 94-4 § 12.04.11 (part), 1994)

Common open space resulting from the application of standards for density or intensity of land use must be set aside for the use and benefit of the residents or owners of the development. Provisions must be made by which the amount and location of any common open space at the planned unit development is determined and its improvement and maintenance secured.

(Ord. 94-4 § 12.04.11 (part), 1994)

A.

The county may accept the dedication of land or any interest therein for a planned unit development for public use and maintenance, but the county cannot require as a condition of the approval of a planned unit development, that land proposed to be set aside for common open space be dedicated or made available for public use. The landowner must provide for and establish an organization for the ownership and maintenance of any common open space, and the organization may not be dissolved or disposed of any common open space by sale or otherwise, without first offering to dedicate the common open space to the county. That offer must be accepted or rejected within one hundred twenty days.

B.

The organization may make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the plan. The assessments must be ratable against the properties within the planned unit development that have a right of enjoyment of the common open space. The agreement between the organization and the property owners shall provide:

1.

A reasonable method for notice and levy of the assessment; and

2.

For the subordination of the liens securing the assessments to other liens either generally or specifically described.

(Ord. 94-4 § 12.04.11 (part), 1994)

An organization established for the ownership and maintenance of common space which receives payments from the owners of property within the planned unit development for the maintenance shall:

A.

Immediately deposit the payments in a separate trust account maintained by it with a bank or recognized depository in this state;

B.

Keep records of all payments deposited therein and all disbursements therefrom.

(Ord. 94-4 § 12.04.11 (part), 1994)

An application for tentative approval of the plan for a planned unit development must be filed by or on behalf of the landowner.

1.

Application—Form, Filing Fees, Place of Filing, Tentative Map. The application for tentative approval must include a tentative map. Tentative approval may not be granted until the tentative map has been submitted for review and comment made by the agencies specified in NRS 278.335.

2.

The application must be accompanied by a filing fee of five hundred dollars. In addition, the applicant shall pay all costs incurred by Lander County in processing and approving the application, and all costs of supervision of the project.

B.

Planning, Zoning and Subdivision Determined by County. All planning, zoning and subdivision matters relating to the planning, use and development of the planned unit development and subsequent modifications of the regulations relating thereto to the extent modification is vested in the county, must be determined and established by the county.

C.

Application—Contents. The application shall contain, without limitation:

1.

The location and size of the site and the nature of the landowner's interest in the land proposed to be developed;

2.

The density of land use to be allocated to parts of the site to be developed;

3.

The location and size of any common open space and the form of organization proposed to own and maintain any common open space;

4.

The use and the approximate height, bulk and location of buildings and other structures;

5.

The ratio of residential to nonresidential use;

6.

The feasibility of proposals for disposition of sanitary waste and stormwater;

7.

The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities;

8.

The provisions for parking of vehicles and the location and width of proposed streets and public ways;

9.

The required modifications in the municipal land use regulations otherwise applicable to the subject property;

10.

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit development are intended to be filed;

11.

All other information required for county evaluation of the project.

(Ord. 94-4 § 12.04.11.01 (part), 1994)

A.

After the filing of an application pursuant to NRS 278A.440 through 2778A.470, inclusive, a public hearing on the application shall be held in the manner prescribed by law for hearings on amendments to a zoning ordinance.

B.

The county may continue the hearing from time to time and may refer the matter to the planning staff for a further report, but the public hearing or hearings shall be concluded within sixty days after the date of the first public hearing unless the landowner consents in writing to an extension of the time within which the hearings are to be concluded.

(Ord. 94-4 § 12.04.11.01 (part), 1994)

The county shall, following the conclusion of the public hearing, by minute action:

A.

Grant tentative approval of the plan as submitted;

B.

Grant tentative approval subject to specified conditions not included in the plan as submitted; or

C.

Deny tentative approval to the plan. If tentative approval is granted, with regard to the plan as submitted or with regard to the plans with conditions, the county shall, as part of its action, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval.

(Ord. 94-4 § 12.04.11.01 (part), 1994)

A.

Findings of Fact Required. The grant or denial of tentative approval by minute action must set forth the reasons for the grant, with or without conditions, or for the denial, and the minutes must set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings on the following:

1.

In what respects the plan is or is not consistent wit the statement of objectives of a planned unit development;

2.

The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the property, including but not limited to density, bulk and use, and the reasons why these departures are or are not deemed to be in the public interest;

3.

The ratio of residential to nonresidential use in the planned unit development;

4.

The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;

5.

The physical of the plan and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light, air, recreation and visual enjoyment;

6.

The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established;

7.

In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public, residents and owners of the planned unit development in the integrity of the plan.

B.

Specifications of Time for Filing Application for Final Approval. Unless the time is specified, if a plan is granted tentative approval, with or without conditions, the county shall set forth, in the minute action, the time within which an application for final approval of the plan must be filed or, in the case of a plan which provides for development over a period of years, the periods within which application for final approval of each part thereof must be filed.

(Ord. 94-4 § 12.04.11.01 (part), 1994)

A.

A copy of the minutes must be mailed to the landowner.

B.

Tentative approval of a plan does not qualify a plat of the planned unit development for recording or authorize development or the issuance of any building permits. A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner, may not be modified, revoked or otherwise impaired by action of the county pending an application for final approval, without the consent of the landowner. Impairment by action of the county is not stayed if an application for final approval has not been filed, or in the case of development over a period of years applications for approval of the several parts have not been filed, within the time specified in the minutes granting tentative approval.

C.

The tentative approval must be revoked and the portion of the area included in the plan for which final approval has not been given is subject to local ordinances if:

1.

The landowner elects to abandon the plan or any part thereof, and so notifies the county in writing, or

2.

The landowner fails to file the application for the final approval within the required time.

(Ord. 94-4 § 12.04.11.01 (part), 1994)

A.

Proceedings for Final Approval.

1.

An application for final approval may be filed for all the land included in the plan or to the extent set forth in the tentative approval for a section thereof. The application must be made to the county within the time specified by the minutes granting tentative approval.

2.

The application must include such drawings, specifications, covenants, easements, conditions and forms or performance bond as were set forth in the minutes at the time of the tentative approval and a final map.

3.

A public hearing on an application for final approval of the plan, or any part thereof, is not required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan which has been given tentative approval.

B.

Substantial Compliance When Plan is Tentatively Approved.

1.

The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the landowner of the plan as tentatively approved does not:

a.

Vary the proposed gross residential density or intensity for use;

b.

Vary the proposed ratio of residential to nonresidential use;

c.

Involve a reduction of the area set aside for common open space or the substantial relocation of such area;

d.

Substantially increase the floor area proposed for nonresidential use; or

e.

Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings;

f.

A public hearing need not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage.

C.

Plan not in Substantial Compliance—Alternative Procedure—Public Hearing—Final Action.

1.

If the plan, as submitted for final approval, is not in substantial compliance with the plan as given tentative approval, the county shall within thirty days of the date of filing of the application for final approval, notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance.

2.

The landowner may:

a.

Treat such notification as a denial of final approval;

b.

Refile the plan in a form which is in substantial compliance with the plan as tentatively approved; or

c.

File a written request with the county that it hold a public hearing on his application for final approval. If the landowner elects the alternatives set out in paragraphs b or c, he may refile his plan or file a request for a public hearing, as the case may be, on or before the last day of the time within which he was authorized by the minutes granting tentative approval to file for final approval, or thirty days from the date he receives notice of such refusal, whichever is the later.

3.

Any such public hearing shall be held within thirty days after request for the hearing is made by the landowner, and notice thereof shall be given and hearings shall be conducted in the manner prescribed in NRS 278A.480.

4.

Within twenty days after the conclusion of the hearing, the county shall, by minute action, either grant final approval to the plan or deny final approval to the plan. The grant or denial of final approval of the plan shall, in cases arising under this section, contain the matter required with respect to an application for tentative approval by NRS 278A.500.

D.

Certification, Filing and Recording of Approved Plan—Effect of Recordation—Restrictions on Modification of Approved Plan—Fees for Filing or Recording.

1.

A plan, or any part thereof, which has been given final approval by the county, must be certified without delay by the appropriate recorder before any development occurs in accordance therewith. The recorder shall not file for record any final plan unless it includes a final map and:

a.

The certificates of approval as are required under NRS 278.377; or

b.

Evidence that the approvals were requested more than thirty days before the date on which the request for filing is made, and that the request for filing is made, and that the agency has not refused its approval.

2.

After the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan cease to apply.

3.

Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, must be made, nor may it be impaired by any act of the county except with the consent of the landowner.

4.

The recorder shall collect a fee of fifty dollars, plus fifty cents per lot or unit mapped, for the recording or filing of any final map, plat or plan. The fee must be deposited in the general fund of the county where it is located.

E.

Rezoning and Resubdivision Required for Further Development Upon Abandonment of or Failure to Carry Out Approved Plan. No further development may take place on the property included in the plan until the property is resubdivided and is reclassified by an enactment of an amendment to the zoning ordinance if:

1.

The plan, or section thereof, is given approval and, thereafter, the landowner abandons the plan or the section thereof as finally approved and gives written notification thereof to the county; or

2.

The landowner fails to carry out the planned unit development within the specified period of time after the final approval has been granted.

F.

Any decision of the county under this section granting or denying tentative or final approval of the plan or authorizing or refusing to authorize a modification in a plan is a final administrative decision and is subject to judicial review in properly presented cases.

(Ord. 94-4 § 12.04.11.01 (part), 1994)

No building or structure shall be started, reconstructed, enlarged or altered until a building permit has been obtained from the building department.

(Ord. 94-4 § 12.04.12 (part), 1994)

A.

No building permit shall be issued for the erection, alteration or use of any structure or part thereof, or for the use of any land, unless:

1.

The location, design and intended use of such structure conforms to this chapter, and such structure is not incidental to a use of land prohibited by this chapter.

2.

A structure devoted to a nonconforming use is to be altered in a manner permitted by this code.

3.

A variance has been allowed or a special use permit issued and:

a.

The time for an appeal from such allowance or issuance has been exhausted without any appeal being taken, or any appeal taken has been finally disposed of; and

b.

The proposed erection or alteration complies with all conditions imposed by such variance or special use permit.

B.

Any building permit issued contrary to the provisions of this title is void.

C.

It shall be the duty of the building official before issuing a building permit to ascertain the exact location of the property on which the building is to be located. The building official shall obtain a written statement of the street address of the property or, if no street address exists, a property description in writing before issuing a building permit.

D.

Any applicant for a building permit in an unsubdivided area or elsewhere, where by reason of size and location of parcel, problems of access and street location may be anticipated, may be required to submit a tentative subdivision plat of the entire parcel in accordance with standard subdivision procedure prior to the issuance of a permit. When required, the permitted shall proceed only in accordance with said approved tentative plan and such conditions as may be established by the commission and shall agree by recorded document to convey no portion of said parcel without first obtaining the approval of the commission, or by completing the subdivision in accordance with the approved tentative plan.

E.

It shall be the duty of the building official to enforce the provisions of this code pertaining to the construction or alteration of buildings or to the occupancy of land or buildings. It shall be the duty of all other officials charged with the issuance of licenses to enforce the provisions of the code pertaining to the use of land or buildings. Said officials shall refuse to license pursuant to application therefore authorizing a business use that has commenced operations subsequent to adoption of this code unless this application is accompanied by a duly signed certificate from the building official authorizing the conduct of such use at the location sought in the application.

F.

Authority. In the enforcement of said code, the building official shall have the power and authority to do the following:

1.

At any reasonable time and for any proper purpose, to enter upon any public or private premises and made an inspection thereof;

2.

Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue a cease and desist order requiring the cessation of any building, moving alteration or use which is in violation of the provisions of this code, such revocation to be in effect until reinstated by the building official or take any other action as directed by the county commissioners to insure compliance with or to prevent violation of its provisions.

G.

It is unlawful to use or permit the use of any building or premises, or part thereof, hereinafter erected, changed, converted, moved, altered or enlarged wholly or in part, until a certificate of occupancy shall be issued therefore by the building official. No certificate shall be issued permitting the use of any building or premises or part unless:

1.

If any permit was required, the plans and specifications approved have been fully accomplished and completed;

2.

If no building permit was required:

a.

The use conforms to this title,

b.

The use is a valid nonconforming use, or

c.

The use is authorized by a variance allowed or special use permit issued, and either the time limit for an appeal from such approval or issuance has been exhausted with an appeal being taken and all conditions have been complied with.

(Ord. 94-4 § 12.04.12 (part), 1994)

The planning commission shall hear and decide variances from regulations and requirements and all matters referred to it or properly of concern in the administration of this chapter. Any action that in effect changes the uses or overall density permitted in any zoning district of this chapter shall be deemed in excess of their powers and this chapter, and of no force and effect. The planning commission may recommend to the county commission that an amendment to this chapter be considered.

(Ord. 94-4 § 12.04.13 (part), 1994)

A.

Any person requesting a variance shall file an application with the planning commission. Such application shall include:

1.

Provisions of this title from which the property or building is sought to be excepted;

2.

A legal description of the property involved;

3.

Ground plans showing the location of all existing and proposed buildings;

4.

That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity nor be detrimental to the public health, safety and general welfare;

5.

No change shall be made in the final plans as approved by the board of commissioners.

B.

All building permit applications shall be made pursuant to the final plans approved by the board of commissioners.

C.

The applicant shall present adequate evidence showing:

1.

That there are special circumstances or conditions applying to the property under consideration which makes compliance with the provisions of this chapter difficult and cause a hardship to, and abridgement of a property right of the owner of said property;

2.

That such circumstances or conditions do not apply generally to other properties in the same land use district;

3.

That granting of the variance is necessary to do substantial justice to the applicant or owner of the property;

4.

That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity nor be detrimental to the public health, safety and general welfare.

(Ord. 94-4 § 12.04.13 (part), 1994)

A.

The planning commission shall hold a public hearing, not later than sixty-five days after the filing of the application, said hearing to be advertised no later than ten days prior to the hearing date in a regularly published newspaper in Lander County, and shall give notice of the time and place and purpose thereof by mailing a notice not less than ten days prior to the date of such hearing to the applicant, building official and the owners of property, and any part of which lies within one hundred feet in a direct line or within three hundred feet along a street or combination of streets from any point on the exterior boundary of the lot or parcel for which the variance is sought, as shown on the records of the Lander County assessor. Notice by certified mail to the last known address of the real property owners as shown on the assessor's records shall be sufficient.

B.

The commission shall hear and consider evidence and facts from any person at any public hearing on a variance and or written communication from any person relative to the variance. No notification is required to hear complaints of alleged variance violations; however, before any action is taken against an alleged violator a written notice and an opportunity or hearing will be provided to the alleged violator.

C.

The commission may hear facts from any person appearing and may consider written communication relative to application.

D.

Any protest against the granting of a variance shall be considered, whether or not the person protesting is entitled to notice of the proposal, but no protest or combination of protests is binding upon the commission.

(Ord. 94-4 § 12.04.13 (part), 1994)

The commission shall, within thirty days from the date of hearing, return its decision, which shall be transmitted in writing to the applicant with a copy to the building official. Failure of the commission to render a decision within thirty days from the date of hearing shall be deemed an approval of the application unless an extension is granted.

(Ord. 94-4 § 12.04.13 (part), 1994)

A.

The planning commission in approving any variance may impose 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.

B.

Any such conditions must be complied with and violation of the same shall result in revocation of the permission granted by variance.

C.

Further use after revocation shall constitute a violation of this title and shall be punishable as herein provided.

(Ord. 94-4 § 12.04.13 (part), 1994)

A.

Where a use, permitted by a variance permit, is not made on the property within the time specified in the permit, then without further action the permit shall be null and void and such use shall not be made of the property except on the granting of a new variance permit.

B.

Where a use, permitted by a variance permit which has no specified time condition, is not made on the property within two years after the date of granting thereof, the planning commission shall contact the applicant to determine if the development of the use is still anticipated. If the applicant no longer intends to develop such use, then without further action, the permit shall be null and void and such use shall not be made of the property except upon the granting of a new variance permit.

C.

A variance permit becomes void when the use permitted by such permit is discontinued.

D.

A variance permit runs with the land.

(Ord. 94-4 § 12.04.13 (part), 1994)

A.

The building official shall submit to the planning commission a written report of his findings and recommendations on each application for variance.

B.

The building official may grant or deny at his discretion a variance in lot area, yard area or parking requirements, if undue hardship is self evident. Such variance shall be limited to deviations not to exceed five percent of required yard, or ten percent of lot area or five percent of off-street parking requirements.

C.

All decisions of the building official shall be in writing and filed with the planning commission with copies submitted to the county clerk and applicant. Such decisions of the building inspector may be granted without public hearing and shall become effective ten days from the date taken to the planning commission.

(Ord. 94-4 § 12.04.13.01, 1994)

Any person appealing the decision of the building official or requesting a variance by the planning commission shall include:

A.

The provisions of this title from which the property or building is sought to be excepted;

B.

A legal description of the property involved;

C.

Plat plans showing the location of all existing and proposed buildings;

D.

Elevation of all proposed buildings or alterations in sufficient detail to meet the requirements of the commission, plus elevations of buildings within one hundred feet of the subject lot;

E.

Evidence of the ability and intent of the applicant to proceed with actual construction in accordance to submitted plans within six months of the filing date;

F.

Filing fees shall be deposited in accordance with procedures adopted by this code.

(Ord. 94-4 § 12.04.13.02, 1994)

Any building or structure erected or maintained or any use of property contrary to the provision of this code shall be and is declared a public nuisance. In addition to prosecuting any violation as a misdemeanor crime, the following procedures may be used to enjoin, abate or restrain a violation:

A.

Whenever a written complaint is filed with the county clerk alleging the existence of a nuisance, as defined in NRS 40.140 or this chapter, within the county, the county clerk shall notify the board of county commissioners, who, except as otherwise provided by subsections E and F of this section, shall forthwith fix a date to hear the proof of the complainant and the owner of occupant of the real property whereon the alleged nuisance is claimed to exist not less than thirty nor more than forty days subsequent to the filing of the complaint.

B.

At the time of fixing the hearing the board of county commissioners shall order and cause notice of the hearing to be published at least once a week for two weeks next preceding the date fixed for the hearing in a newspaper of general circulation published in the county and if none is so published in the county then in a newspaper having a general circulation in the county.

C.

At the time fixed for hearing, the board of county commissioners shall proceed to hear the complaint and any opponents. The board may adjourn the hearing from time to time, not exceeding fourteen days in all. At the hearing it shall receive the proofs offered to establish or controvert the facts set forth in the complaint, and on the final hearing of the complaint the board shall by resolution entered on its minutes determine whether or not a nuisance exists and, if one does exist, order the person or persons responsible for such nuisance to abate the same. If the order is not obeyed within five days after service of a copy upon the person or persons responsible for the nuisance, the board of county commissioners shall cause the abatement of the nuisance and make the cost of abatement a special assessment against the real property.

D.

The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.

E.

As an alternative to the procedure set forth above in this section, the board of county commissioners, upon receipt from the county clerk of notice of the filing of a complaint alleging the existence of a nuisance, may direct the district attorney to notify the person responsible for such nuisance to abate it, and if such notice is not obeyed after service thereof, within a reasonable time under the circumstances, as specified by the board, to bring legal proceedings for abatement of the nuisance, and for recovery of compensatory and exemplary damages and costs of suit. Such proceedings shall be under the control of the board of county commissioners in the same manner as other suits to which the county is a party.

F.

The district attorney shall also have the self-authority and discretion separate form the above procedures to bring all necessary civil actions on behalf of, and in the name of the county in any court of competent jurisdiction, to enjoin, abate, or restrain the continued violation of any ordinance, rule or regulation enacted, adopted or passed by the board of county commissioners having the effect of law and which the violation of said ordinance, rule or regulation is designated as a nuisance. Should the district attorney decline to use the discretion and self-authority granted to bring a civil action and has not filed criminal charges, then the procedures outlined above shall be used.

(Ord. 97-6 § 2, 1997)

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibilities of correcting prohibited conditions or removing prohibited buildings, structure or improvements, or prevent the enforced correction or removal thereof.

(Ord. 94-4 § 12.04.14 (part), 1994)

Any person, firm or corporation, whether as principal agent, employee or otherwise, violating any provisions of this code, or violating or failing to comply with any order or regulations made hereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each day and every day during which such violation of the code or failure to comply with any order or regulation is committed, continued or otherwise maintained.

(Ord. 94-4 § 12.04.14 (part), 1994)

A.

In addition to the penalties provided elsewhere in this code, any land owner, whether person or other entity, after having been served with notice of the violation setting forth a date for abatement of such violations and not having abated the violation by the abatement date or having requested and received a date certain extension of time for abatement, found by a building official to be in continued violation of the code after the abatement date, is liable for a civil penalty of one hundred dollars per day for each day of non-compliance. Upon a majority vote of the county commission, such penalty assessment may constitute a special assessment against the real property. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment. In addition, such penalty, when recorded, shall constitute a lien against the real property. All laws applicable to the enforcement and collection of liens against real property shall be applicable to such special assessment.

B.

Service of the notice of violation by the building official shall be accomplished by posting a notice of violation in a visible area upon the real property and mailing a certified copy of the notice to the address listed on the tax rolls for the assessment of real property taxes.

1.

The violation notice shall set forth:

a.

The address and assessor's parcel number ("APN") of the property;

b.

The type of violation;

c.

The specific code number of the violation;

d.

The demanded correction;

e.

A target date for abatement (the "abatement date") not less than thirty days from the date of the notice; and

f.

Included reference to Chapter 17.22, Enforcement Procedure.

C.

An owner may request from the building official an extension of time for the abatement date with which to complete the abatement. Such extension shall not be unreasonably withheld, but shall not extend beyond ninety days from the notice of violation and shall be effective when granted in writing. In the event that completion of the abatement cannot be completed within the extended time, the land owner may request a date certain extension from the board of county commissioners at its next regularly noticed meeting upon the land owner's written request. The board of county commissioners may extend the time to abate the violation to a date certain up to one year in the future.

D.

At its discretion, the board of county commissioners may modify, reduce or forgive accrued civil penalty assessments against the owner of the property to a minimum of the actual amount or one thousand dollars whichever is greater, at any properly noticed public meeting upon the written request of such owner.

E.

All recorded special assessments and/or recorded liens must be paid prior to any transfer of title to the property.

F.

Each person receiving the special assessment on behalf of Lander County shall remit the money to the Lander County treasurer for credit to the Lander County general fund.

(Ord. 2005-06 § 1, 2005)

This chapter and zoning maps may be amended, repealed or supplemented by the board of county commissioners. Any such amendment shall be considered an amendment to the master plan and shall be accomplished in the manner required by Chapter 278 of the Nevada Revised Statutes.

(Ord. 94-4 § 12.04.15 (part), 1994)

A.

Amendments may be initiated by the planning commission or the board of county commissioners on its own motion, or by the owner of the lot or parcel within the area sought for amendment, by filing with the planning commission a signed and certified application, accompanied by the necessary fee.

B.

Hearing. The planning commission shall first hold a public hearing on all proposed amendments. Such hearings shall be held within thirty-five days following the initiation of such proceedings. Notices of time and place of hearings shall be published in a newspaper of general circulation in Lander County not less than ten days prior to the date of such hearing. Such notice shall describe the change proposed, the lot, parcel or properties proposed for change and other pertinent information in such a manner that the property and change proposed can be readily identified. When the planning commission deems it proper, it may notice and consider other property for change in addition to that sought in the application.

C.

Notice. Upon application for a change of land use district, the planning commission shall mail to the applicant and to all real property owners within three hundred feet of the exterior boundaries of the area proposed for reclassification as shown on the latest assessor's property maps, and to all property owners within the district 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.

(Ord. 97-7 § 2, 1997; Ord. 94-4 § 12.04.15 (part), 1994)

Within forty days following the public hearing, the planning commission shall file a written report with the county commissioners recommending approval, modification or disapproval of the proposed change or amendment or recommending the adoption of the county commissioners or "Resolution of Intent" to reclassify all or part or portion of the property included in the proposed change or amendment. The planning commission recommendation of adoption of such a resolution may contain any conditions, stipulations or limitations which the commission feels necessary to protect the public interest. The planning commission shall mail to the applicant notice of the recommendation within three days following the filing of the report with the county clerk.

(Ord. 94-4 § 12.04.15 (part), 1994)

The county commissioners shall consider such evidence relating to the change of land use and may reverse the decision of the planning commission by a majority vote of a quorum of the commission. The county commissioners in adopting the "Resolution of Intent" to reclassify all or a portion of the property included in the proposed change or amendment may include any condition, stipulation or limitations which the commission may feel necessary to require in the public interest as prerequisite to final action. Fulfillment by the applicant of all conditions, stipulations and limitations contained in said resolutions shall be a binding commitment on the county commissioners to change the land use district as provided in the resolution. Upon completion of compliance action by the applicant, the county commissioners shall by ordinance effect such reclassification. The failure of the applicant to meet any or all conditions, stipulations or limitations contained in said resolution, including the time limit, if any, shall render said "Resolution of Intent" to reclassify null and void, unless an extension is permitted by the county commissioners upon recommendation of the planning commission.

(Ord. 94-4 § 12.04.15 (part), 1994)

Lawful use of land or buildings not in conformance with the regulations herein prescribed existing at the time of the adoption of the original county land use ordinance, dated January 1, 1976, this code, or any amendments thereto, may continue except as follows:

A.

The nonconforming use of land or building shall not be extended or expanded in any way. Such use shall not be improved or changed except to bring said use of land or building into conformity with this code and/or other ordinances in the county.

B.

Where automobile parking space in connection with a main nonconforming building or use does not meet the requirements of this code, said building or use may be altered to provide such additional automobile parking space.

C.

A lawful nonconforming use of land or buildings, which is abandoned or discontinued for more than ninety days, shall not be continued or resumed.

D.

No nonconforming buildings, except a school or a church structure, which has been damaged or partially destroyed by a natural calamity to an extent equal to one-half its appraised value, shall be repaired, reconstructed, moved or altered except in conformity with the provisions of this code.

E.

Provisions of this section shall comply with the uses of property or to buildings which may become nonconforming by reason of amendment or supplement to this title, or the land use plan, or the building setback plan.

F.

No nonconforming use shall be changed to another nonconforming use.

G.

Where, upon complaint, any nonconforming structure or use may be found by the county commission as a matter of fact, to be a detriment to the public health, safety or general welfare, such structure may be ordered to be removed or such use to be discontinued within such time as the county commission may deem reasonable. Upon failure to carry out such order, the county may take such steps as are necessary to remove such structure or discontinue each use and assess the cost thereof against the property.

(Ord. 94-4 § 12.04.16, 1994)

A.

Any person aggrieved by the denial or issuance of a building permit, certificate of occupancy, variance, special use permit or any other decision by the planning commission under the authority of this title or any such denial may appeal the denial to the county commissioners.

B.

An appeal may be taken within ten days after the decision of the planning commission by paying to the county clerk the fee prescribed herein and filing a written statement of the reasons why the denial, issuance or decision is erroneous.

C.

The county commissioners shall hear the appeal within twenty-five days after the filing of the statement of reasons. The commission shall give ten days written notice of the date, time and place of the hearings to the applicant, building inspector, and the owners of the property any part of which lies within one hundred feet in a direct line within three hundred feet along a street or combination of streets from any point on the exterior boundary of the involved lot or parcel as shown on the records of the Lander County assessor, and shall cause notice to be published in a newspaper of general circulation in Lander County not less than ten days prior to the date of such hearing. Such notice shall describe the change proposed, the lot, parcel or properties proposed for the change, and other pertinent information in such a manner that the property and change proposed can be readily identified. Notice by certified mail to the last known address of the real property owners, as shown on the records, shall be sufficient.

D.

The county commissioners shall render a decision within thirty days after the date of hearing.

(Ord. 94-4 § 12.04.17, 1994)

A.

Repeal shall not revive any ordinances. The repeal of an ordinance herein shall not repeal the repealing clause of such an ordinance or revive any ordinance which has been repealed thereby.

B.

The repeal of any ordinance or part or portion of any ordinance of the county shall not in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, not affect any right which has accrued nor any suit, action, or proceeding commenced under or by virtue of the ordinances or portions repealed, not to be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, not to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Ord. 94-4 § 12.04.18, 1994)

Before accepting any applications hereinafter mentioned, the following requirements shall be met and fees charged, collected and deposited with the planning department.

(Ord. 94-4 § 12.04.19 (part), 1994)

A.

Planning and zoning permit, application, and map filing fees shall be set by resolution of the board of county commissioners.

B.

All rates currently in place shall remain in effect until repealed and/or replaced by resolution of the board of county commissioners.

C.

Should the cost of review and/or processing of any application exceed the established filing fee, the applicant shall be charged for actual cost to the county.

(Ord. 2008-12 § 2, 2008: Ord. 2005-15 § 1, 2005: Ord. 94-4 § 12.04.19 (part), 1994)

Applications shall be filed with the planning commission on approved forms. All completed applications shall be submitted no later than twenty-one days prior to the next regular planning commission meeting. Completed applications submitted in accordance with this title will be heard at the Lander County planning commission's regular meeting. No application is complete until all requirements of this chapter are satisfied and accepted by the planning commission.

(Ord. 94-4 § 12.04.19 (part), 1994)

Completed drawings describing the proposal which meet the present ordinances must accompany the application.

(Ord. 94-4 § 12.04.19 (part), 1994)