A.   Purpose: The purpose of this section is to provide for the method for amending the master plan.

   B.   Types Of Amendment Of The Master Plan:

      1.   There are three (3) types of master plan amendments:

         a.   Amendment to the land use map or maps,

         b.   Revision of the text in the various master plan elements, and

         c.   Adoption of a new master plan element.

      2.   Any amendment shall be done in compliance with the provisions set forth in this chapter and chapter 278 of the Nevada Revised Statutes.

   C.   Procedures For Amending The Master Plan: All amendments to the master plan must comply with the following procedures:

      1.   Amendment of the master plan may be initiated as follows:

         a.   Amendment of the master plan may be initiated by the commission or Board by resolution.

         b.   Amendment of the master plan land use maps may be initiated by the Director, the commission, the Board, or an owner of real property in Lyon County, or the property owner's authorized agent, for an amendment for their property.

         c.   Amendment of the master plan text may be initiated by the Director, the commission, the Board, or an owner of real property in Lyon County, or the property owner's authorized agent.

         d.   Amendment or creation of a master plan element may be initiated by the commission or the Board.

         e.   Citizen advisory boards established by the Board may petition the commission to initiate an amendment.

         f.   An owner of real property, or the property owner's authorized agent, must initiate an amendment by filing an application with the Director.

      2.   A request to amend the master plan by an owner of real property, or the property owner's authorized agent, must be initiated by filing an application for a master plan amendment with the department.

         a.   The application must be in the form established by the Director and be accompanied by a fee as set forth by resolution of the Board before it may be filed.

         b.   Prior to submission of an application for a master plan amendment that includes a specific plan the applicant shall prepare a preliminary development plan for review by the Director and other departments at an informal but mandatory pre- application conference. The Director may require the applicant to attend more than one pre-application conference to review and discuss the preliminary plan. Formal application for approval must be made within six (6) months following the final required pre-application conference.

         c.   In addition to the standards and findings set forth in this title, the Director may prepare supplemental guidelines for the submission of applications, and minimum standards and criteria for approving applications.

      3.   No action shall be taken on a master plan amendment or element until the information required by this section to review and decide upon the proposed master plan amendment or element is deemed complete by the Director.

      4.   Amendment of the master plan shall adhere to the following schedule:

         a.   The master plan land use map(s) may be amended by the Board no more than three (3) times per calendar year as part of the tri- annual master plan amendment review cycle.

         b.   Master plan elements or master plan text amendments may be submitted in any month during the calendar year for adoption.

         c.   For the purposes of this section, the restriction on the number of times that the master plan land use map(s) may be amended does not restrict the number of applications that may be submitted, but only refers to the number of times the land use map(s) of the master plan may be modified by the Board. The restriction on the number of times the master plan may be amended does not apply to information being updated for each element of the master plan.

      5.   The burden of establishing that a master plan amendment is consistent with the purposes of this title is on the applicant.

   D.   Specific Plan Required:

      1.   A specific plan is required to be submitted for any master plan land use map amendment in excess of one hundred sixty (160) acres in area.

      2.   A specific plan may be used in conjunction with any master plan land use map amendment for projects of forty (40) acres or greater.

      3.   Specific plans shall conform to the provisions of this section and chapter 211 of this title. (Ord. 603, 11-1-2018)

The commission shall review a master plan amendment or element in conformance with chapter 6 of this title and this subsection:

   A.   Prior to adoption of any master plan amendment, the commission shall hold at least one public hearing in accordance with the requirements of chapter 10 of this title for the purpose of receiving oral and written evidence relative to the amendment application after receiving the report of the Director.

   B.   The department shall cause notice of the hearing to be published in the manner provided in accordance with the provisions of chapter 9 of this title and Nevada Revised Statutes 278.210.

   C.   If a master plan amendment contains specific development plans, then notice in addition to this section as well as Nevada Revised Statutes 278.210 shall be accomplished, and furthermore, noticing of the specific development site shall be in accordance with the provisions of Nevada Revised Statutes 278.315(3) and this title.

   D.   Master plan elements and amendments to master plan text that do not change the boundaries of a land use category of the land use plan map(s) shall not require property owner noticing.

   E.   Prior to adoption of any master plan amendment, the commission shall review evidence to determine if the proposed amendment or element is consistent with existing master plan goals, objectives and actions, or that the proposed amendment or element represents a necessary and appropriate modification of the goals, objectives and actions of the master plan. The commission shall approve, modify, or deny the application based on the results of this review.

   F.   The commission may take action to approve, modify or deny the master plan amendment or element request.

      1.   The commission may adopt a master plan amendment or element only by resolution upon the affirmative vote of not less than a two-thirds (2/3) majority of the total membership of the commission.

      2.   The resolution shall refer expressly to the maps, descriptive matter, text or other matter intended by the commission to constitute the amendment or element.

   G.   Failure of the commission to hold a public hearing or take action within the time frames provided in this chapter shall constitute a recommendation of approval of the master plan amendment or element application. An extension of time or continuance for a master plan application may be granted in accordance with section 15.10.05 of this title.

   H.   The commission, after considering the application, must prepare a recommendation regarding the request for a master plan amendment to the Board and include with the recommendation the minutes of its hearing regarding the application and the record prepared of its hearing. If the commission does not recommend adoption, it must state why the commission could not make the required findings for adoption in section 15.210.03 of this chapter. The commission shall transmit the recommendation and other required information to the Board within forty five (45) days of the commission's action. (Ord. 603, 11-1-2018)

   A.   Findings For Master Plan Amendments:

      1.   When making an approval, modification or denial of an amendment to the master plan land use map or text, the commission and the Board shall, at a minimum, consider each of the following and base approval, modification, or denial based on the combined weight of the findings. Each finding shall be supported by a statement of evidence, facts and conclusions.

         a.   Consistency With The Master Plan: The applicant has demonstrated that the amendment is in substantial compliance with and promotes the master plan goals, objectives and actions.

         b.   Compatible Land Uses: The proposed amendment is compatible with the existing or master planned adjacent land uses, and reflects a logical change in land uses.

         c.   Response To Change Conditions: The proposed amendment has demonstrated and responds to changed conditions or further studies that have occurred since the master plan was adopted by the Board, and the requested amendment represents a more desirable utilization of land.

         d.   No Adverse Effects: The proposed amendment will not adversely affect the implementation of the master plan goals, objectives and actions, and will not adversely impact the public health, safety or welfare.

         e.   Desired Pattern Of Growth: The proposed amendment will promote the desired pattern for the orderly physical growth of the County, allows infrastructure to be extended in efficient increments and patterns, maintains relatively compact development patterns, and guides development of the County based on the consideration of natural resources, the physical geography and the efficient expenditure of funds for public services. (Ord. 603, 11-1-2018)

   A.   Board Review And Action On Amendment To Master Plan: The Board shall review a master plan amendment or element in accordance with the provisions of chapter 7 of this title and this subsection:

      1.   Following receipt of a report referencing the recommendation and findings of the commission, the Board shall hold at least one public hearing with notification as prescribed in chapters 9 and 10 of this title for the purpose of receiving oral and written evidence relative to the amendment application.

         a.   A public hearing will be scheduled before the Board regarding master plan amendments within sixty (60) days after action taken by the commission.

         b.   The public hearing shall be noticed as required by chapter 9 of this title and Nevada Revised Statutes 278.220.

            (1)   If a master plan amendment contains specific development plans, then notice in accordance with chapter 9 of this title, this subsection, and Nevada Revised Statutes 278.210 shall be accomplished, and furthermore, noticing of the specific development site shall be in accordance with the provisions of Nevada Revised Statutes 278.315(3).

            (2)   Master plan elements and amendments to master plan text that do not change the boundaries of a land use category of the land use plan map(s) shall not require property owner noticing.

      2.   Prior to adoption of any master plan amendment, the Board shall review the commission's report and recommendation, and evidence to determine if the proposed amendment or element is consistent with existing master plan goals, objectives and actions, or that the proposed amendment or element represents a necessary and appropriate modification of the goals, objectives and actions of the master plan. The Board shall approve, modify, or deny the master plan amendment or element request based on the results of this review.

      3.   Action to approve, modify or deny a master plan amendment or element shall require a simple majority of the Board members in attendance. The action shall refer expressly to the maps, descriptive matter, text or other matter intended by the Board to constitute the amendment or element.

      4.   If the Board approval proposes to modify the amendment, as recommended by the commission, it shall refer the proposed modifications to the commission for its consideration.

         a.   The commission shall be required to hold one public hearing on the modification and notice this hearing pursuant to this subsection, per chapter 9 of this title and Nevada Revised Statutes 278.210.

         b.   The commission shall submit a report on the proposed modification back to the Board within forty (40) days, or such longer period as may be designated by the Board from the date of referral by the Board, per Nevada Revised Statutes 278.220(4).

      5.   Failure of the commission to hold a public hearing or take action within the time frames provided in this subsection shall constitute a recommendation of approval of the master plan amendment or element application.

      6.   The text of the master plan shall be amended to reflect the Board's decision and, where applicable, the decision of the Board shall be reflected on the master plan map.

      7.   An extension of time or continuance for a master plan application may be granted as follows:

         a.   The time may be extended by mutual agreement of the Board and applicant.

         b.   An extension of time for Board action may be granted if mutually agreed upon between the applicant and the Director prior to the Board's hearing of the application. (Ord. 603, 11-1-2018)

   A.   A master plan amendment or element shall become effective immediately upon majority approval by the Board after the Board has determined that the amendment or element is in conformance with the master plan and all noticing procedures have been fully complied with, and upon the filing of a notice of final action by the Director with the Clerk of the Board. The notice of final action must also be mailed to the applicant.

   B.   Proposed modifications of an approved master plan amendment shall require a new application following the same procedure required for the initial application. (Ord. 603, 11-1-2018)

   A.   After the denial of a master plan amendment, no application for a master plan amendment for the same or similar amendment may be accepted from an owner of real property in Lyon County, or the property owner's authorized agent, for one year immediately following the denial unless there is a change in circumstances or new information that would warrant reconsideration as determined by the Director.

   B.   Only the commission or Board may initiate an amendment of the master plan for a parcel within twelve (12) months after an amendment on that parcel has been approved or denied. (Ord. 603, 11-1-2018)