This title shall be known and may be cited in all proceedings as the LYON COUNTY LAND USE AND DEVELOPMENT CODE. (Ord. 603, 11-1-2018)

The purposes of this title are to promote the public health, safety, convenience and general welfare, to lessen traffic congestion in the streets, to provide light and air for all buildings, to avoid undesirable concentration of population, to prevent overcrowding of land and to facilitate adequate provisions of transportation, water, sewage, schools, parks and other public requirements and to provide the economic and social advantages gained from a comprehensively planned use of land resources. (Ord. 603, 11-1-2018)

This title and the official zoning map of the County, as adopted, are declared to conform to the master plan of the County pursuant to the provisions of chapter 278, Nevada Revised Statutes. (Ord. 603, 11-1-2018)

To promulgate the Lyon County Comprehensive Master Plan, this title is adopted and made effective as of November 1, 2018. (Ord. 603, 11-1-2018)

   A.   Minimum Requirements: In interpretation and application, provisions of this title shall be held to be minimum provisions only for the promotion of health, safety, convenience, property and general welfare of the public. It is not intended that this title repeal or in any way interfere with existing law or ordinances, regulations or permits other than those relating to land use and construction and use of structures.

   B.   Conflicts With Other Laws And Agreements: When this title imposes a greater restriction upon the use of land or upon height, bulk, location or use of the buildings than is required by existing provisions of law or private covenant or other restrictions, the provisions of this title shall prevail; private covenants or deed restrictions which impose more restrictive conditions than herein contained are not superseded by this title.

   C.   Similar Uses: The Director may authorize a use not specifically listed within a zoning district if it is determined that the use is similar to other uses permitted in the zoning district provided that the use is not specifically listed in another zoning district, pursuant to section 15.221.01, "Determination On Unlisted Uses", of this title. (Ord. 603, 11-1-2018)

The provisions of this title shall not be construed as abating any action now pending under, or by virtue of, prior existing land development regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the County under any chapter or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the County except as shall be expressly provided for in these regulations. (Ord. 603, 11-1-2018)

   A.   Approved Development:

      1.   Development for which an application for conditional use permit, variance, tentative parcel map, final parcel map, tentative subdivision map, final subdivision map, tentative land division map or final land division map has been finally approved and which approval remains valid on the effective date of this title shall remain valid unless such approval expires by the terms of the approval or in accordance with chapter 12 of this title. Development which has been granted approval may be built in accordance with the development standards in effect at the time of approval, provided that the approval is valid at the time building permits are issued and that the approval is subject to any time limits imposed pursuant to this title; further provided that any subsequent applications for a development permit required by this title prior to issuance of and including a building permit and certificate of occupancy shall be processed in accordance with the procedures established by this title for the processing of such development permit.

      2.   No provision of this title shall require any change in the plans, permit expiration, construction or designated use of any structure for which a building permit has been issued prior to the effective date of this title or any subsequent amendment.

      3.   Any reapplication for an expired development permit must meet the standards in effect at the time of reapplication.

   B.   Projects In Process: Development for which an application for a development permit has been accepted as complete, but which has not been granted final approval by the appropriate designated official prior to the effective date of this title, shall be subject to the land use regulations, standards for approval, and other requirements in effect at the time the application was deemed complete; provided that any subsequent application for a development permit required by this title prior to issuance of and including a building permit and certificate of occupancy shall be processed in accordance with the procedures established by this title for the processing of such development permit. If approved, the development may be built in accordance with the development standards in effect at the time of application, provided that any design review filed subsequent to the issuance of a conditional use permit or reapplication for an expired permit must meet the standards for approval in effect at the time of application. This provision shall not apply to any application for a master plan amendment or zoning map amendment.

   C.   New Applications: If no application for a development permit has been accepted as complete and the development has received no more than approval of a master plan map amendment or a zoning map amendment prior to the effective date of this title, pending and subsequent applications for development approval shall be subject to all requirements, standards and procedures set forth in this title. (Ord. 603, 11-1-2018)

The Lyon County Community Development Director shall administer this title. For the purposes of this title, the term "Director" means the Director of the Community Development Department or the Director's designee, and the term "department" means the Lyon County Community Development Department, unless otherwise specified. The Director shall determine when any application is complete.

In the event this title requires interpretation, the Director may make the interpretation or refer the matter to the Planning Commission for action, unless an alternative procedure for interpretation is proscribed in this title. (Ord. 603, 11-1-2018)

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: Means a calendar day unless otherwise stated.

WEEK: Means seven (7) calendar days.

MONTH: Means one calendar month.

YEAR: Means a calendar year, unless a fiscal year is indicated. (Ord. 603, 11-1-2018)

The headings contained in this title are for convenience only and do not limit or modify the intent or meaning of the provisions.

In case of any conflict between the text of this title and any figure, the text shall control.

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.

The words "shall", "must", and "will" are always mandatory. The term "may" and "should" are 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.

Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:

AND: Indicates that all connected items or provisions apply.

OR: Indicates that the connected items or provisions may apply singularly or in any combination.

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 to and authorize subordinates to perform the required act or duty, unless expressly provided otherwise.

All fractions of whole numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise provided in this title. (Ord. 603, 11-1-2018)

   A.   The Director is authorized to enforce all provisions of this title.

   B.   It is unlawful for any person to interfere with the Director in the performance of his duties. (Ord. 603, 11-1-2018)