A.   Conditionally permitted uses are those uses which are generally compatible with the land uses permitted by right in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions to mitigate potential impacts of the use at a particular location within a given zoning district.

   B.   Only those uses that are enumerated as conditionally permitted uses in a particular zoning district shall be authorized unless a similar unlisted use determination has been made per chapter 221 of this title. A conditional use permit shall not be required for a use allowed as a permitted use in a given zoning district. No conditionally permitted use may be established until a conditional use permit is issued in accordance with the provisions of this chapter.

   C.   Special use permits (SUP) approved prior to the effective date of this title may continue as a conditional use without modification of the SUP provided the following conditions are met:

      1.   The special use is/was in active use upon the effective date of this title, and;

      2.   The special use has continued in active use in conformance with the original conditions of approval.

Upon discontinuance of a use permitted as a special use for a period of one year, the SUP shall be null and void, and the use shall not be reinstated or expanded without approval of a conditional use permit in accordance with the provisions of this chapter.

   D.   Expansion or modification of a use previously permitted as a special use will require approval of a new conditional use permit. Expansion or extension of a lawfully created nonconforming use will require approval of a conditional use permit. (Ord. 603, 11-1-2018; Ord. 607, 9-19-2019)

   A.   A conditional use permit cannot be used in lieu of a variance to modify or waive any of the regulations or standards prescribed for any use for which a conditional use permit is required.

   B.   This provision does not prevent the property owner from concurrently applying for a variance pursuant to chapter 203 of this title. (Ord. 603, 11-1-2018)

   A.   The designation of a use in a land use district as a conditionally permitted use does not constitute an authorization or assurance that such use will be approved.

   B.   Approval of a conditional use permit must authorize only the particular use for which the permit is requested and issued.

   C.   No use authorized by a conditional use permit shall be enlarged, extended, increased in intensity or relocated beyond the limit of the conditional use permit unless an application is made to modify the conditional use permit in accordance with the procedures set forth in this title.

   D.   Development of the use may not be carried out until the applicant has secured all the permits and approvals required by this title, this Code, or regional, State and Federal agencies. (Ord. 603, 11-1-2018)

   A.   All applications for conditional use permit shall be made on forms provided by the department. The department shall provide the applicant with detailed information about specific submission requirements.

   B.   An application for a conditional use permit may be submitted by the property owner or by an agent on the owner's behalf.

   C.   The application must be processed as provided in chapter 3 of this title.

   D.   If the proposed use requires a division of land as provided in this title, an application for a land division permit shall be submitted in conjunction with the application for a conditional use permit. Approval of the conditional use permit shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the conditional use permit shall take effect upon final approval of the phase of the land division containing the property on which the conditionally permitted use is to be located. (Ord. 603, 11-1-2018)

   A.   The Director must submit a report to the commission containing the required findings and recommendations for the conditional use permit request.

   B.   The commission must hold a public hearing not later than sixty five (65) days after the application has been deemed complete unless a longer time or a different process of review is provided in an agreement entered into pursuant to chapter 110 of this title and Nevada Revised Statutes 278.0201. Published and personal notice of the public hearing must be given in the manner provided in chapter 9 of this title. The public hearing must be conducted in accordance with chapter 10 of this title.

   C.   When a conditional use permit is associated with an application that requires a hearing by the Board or on appeal, the application shall be processed in accordance with chapter 7 of this title. (Ord. 603, 11-1-2018)

When considering applications for a conditional use permit, the commission or Board, where applicable, must evaluate the impact of the conditional use on and its compatibility with surrounding properties and neighborhoods to mitigate potential impacts of the use at a particular location and make the following findings:

   A.   The proposed use at the specified location is consistent with the policies embodied in the adopted master plan and the general purpose and intent of the applicable district regulations;

   B.   The proposed use is compatible with the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods;

   C.   The proposed use will not generate vehicular traffic which cannot be accommodated by the existing, planned or conditioned roadway infrastructure;

   D.   The proposed use incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to mitigate the development impacts;

   E.   The proposed use incorporates features to address adverse effects, including visual impacts and noise, of the proposed conditional use on adjacent properties;

   F.   The proposed conditional use complies with all additional standards imposed on it by the particular provisions of this chapter and all other requirements of this title applicable to the proposed conditional use and uses within the applicable base zoning district, including but not limited to, the adequate public facility policies of this title; and

   G.   The proposed conditional use will not be materially detrimental to the public health, safety and welfare, and will not result in material damage or prejudice to other properties in the vicinity. (Ord. 603, 11-1-2018)

In approving a conditional use permit, the commission or Board may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by section 15.230.06, "Findings", of this chapter, and to preserve the public health, safety, and general welfare. (Ord. 603, 11-1-2018)

   A.   The approval timeframe of a conditional use permit shall be consistent with the timeframes allowed within chapter 13 of this title, unless additional time is granted based upon consideration of the specific circumstances of the project. If the conditional use has not been established within the allowed timeframes, the conditional use permit shall be null and void and such use shall not be made of the property except upon the granting of a new conditional use permit.

   B.   A conditional use permit is void one year after the activity granted by such conditional use permit is discontinued.

   C.   If a conditional use permit is determined to be in violation, the approval may be subject to revocation, per chapter 14 of this title or amendment by the final decision making body.

   D.   A conditional use permit may be modified or amended in accordance with the provisions of section 15.12.04 of this title. (Ord. 603, 11-1-2018)