Whenever any application for a development permit is denied for failure to meet the requirements of this title, an application for a development permit for all or a part of the same property shall not be considered for a period of one year from the date of denial unless the subsequent application involves a proposal that is materially different from the previously denied proposal. (Ord. 603, 11-1-2018)

   A.   Any person with standing, aggrieved by a final determination on a development permit by the Director or final decision-maker may appeal the final determination to the appellate body designated by this title, if any, in the manner provided in this chapter.

 

 

   B.   The following persons have standing to appeal:

      1.   Any person with legal or equitable interest in the property affected by the final decision;

      2.   Any person with legal or equitable interest in property located within the notice radius for the given project.

   C.   A written notice of appeal must be filed with the department within ten (10) working days of the date of the final decision. The notice of appeal shall be filed on a form provided by the County and contain a written statement of the reasons why the final decision is erroneous or why conditions to the approval are erroneous, and shall be accompanied by the fee established by resolution.

   D.   The appellate body shall hear the appeal and render its decision within sixty (60) calendar days after the filing of the notice of appeal and applicable fees. The hearing shall be noticed and conducted in accordance with the provisions of chapters 9 and 10 of this title. If the person appealing the decision is not the applicant, personal notice of the hearing is required to be sent to the applicant pursuant to section 15.09.03 of this title. The appellate body, in reviewing the decision, will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in Nevada Revised Statutes 278.020 and section 15.01.02 of this title, and the plain wording of any applicable section of this title.

   E.   The appellate body may affirm, reverse or modify only those items raised in the appeal. The appellate body may attach any conditions reasonably necessary when approving a permit that was denied by the Director or the final decision-maker, as provided in chapter 8 of this title.

   F.   The decision of the Board is a final decision for the purpose of judicial review. (Ord. 603, 11-1-2018)

A person who has appealed a decision of the Board and is aggrieved by the final decision of the Board may file for judicial review as required by Nevada Revised Statutes 278.0235 or applicable Nevada law. (Ord. 603, 11-1-2018)

   A.   Prior to the issuance of a certificate of occupancy for a project, the Director, upon submittal of the applicable form, materials and fee, may approve minor amendments to the terms of approval of an application for a development permit. Minor revisions must be authorized in writing by the Director and are subject to appeal pursuant to this chapter. Minor revisions that may be authorized are those that appear necessary in light of technical considerations requested by the applicant or the Director and shall be limited to the following:

      1.   Requests that involve less than ten percent (10%) of the building area or project site area;

      2.   Requests that involve minor changes in color, material, signage, design, landscape material or parking or driveway orientation; or

      3.   Requests that involve minor design changes which represent improvements to previous engineering, site design or building practices, provided the request does not change the character of the project or result in negative impacts to adjoining properties, drainage facilities, irrigation facilities or rights- of-way.

   B.   All other revisions shall be considered major revisions. Where the holder of an approved application for a development permit wishes to make a revision to the approval which is not covered by subsections A1 through A3 of this section, an application including all required materials and fees shall be submitted to the department and forwarded for approval of the final decision- maker in accordance with the procedures established for the original approval. (Ord. 603, 11-1-2018)