A.   Except where other provisions of this title required the review of a conditional use permit or tentative map application which incorporate a similar level of review as a design review, approval of a design review application, in accordance with this section shall be required for the development applications listed below. A design review application may be required as a condition of approval of another application when additional review may be necessary (e.g., for satellite developments located within a large regional commercial development):

      1.   Any land use and development activities made subject to a design review under section 15.320.03, tables 15.320-1, 15.320-2, 15.320-3, 15.320-4 and 15.320-5 of this title.

      2.   Communication facilities as set forth in section 15.236.04, table 15.236-1 and section 15.239.06 of this title unless exempted in section 15.236.03 of this title.

      3.   Power transmission lines located within a designated utility corridor as identified in the County's master plan utility corridor map.

      4.   New multi-family residential consisting of three or more dwelling units.

      5.   New commercial or industrial buildings or building additions that exceed or in combination with the existing building footprint exceed 4,999 square feet total.

   No building permit shall be issued for a development that is subject to design review until a design review has been approved in accordance with this chapter and conditions of approval have been met.

   B.   The following uses are exempt from the design review requirements:

      1.   Interior remodels which do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic, water or sewer usage, as determined by the Director;

      2.   Repair and maintenance of structures or parking areas constrained by the existing structure and not altering existing drainage patterns or easements;

      3.   Replacement or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of such structure is determined by the Director to be consistent with the design, use and intensity of the original structure and consistent with the zoning and master plan designations;

      4.   Reductions of floor area or building area within a previously approved design review where it is determined that the modification would not result in a significant change in site design, building design, or functionality of the site. (Ord. 603, 11-1-2018; amd. Ord. 613, 12-3-2020)

   A.   An application for design review may be submitted by the property owner or by an agent on the owner's behalf.

   B.   The application shall be submitted and processed in accordance with this title.

   C.   If the design review is submitted concurrent with a request for a division of land, an application for a land division permit shall be submitted in conjunction with the application for design review. Approval of the design review 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 design review shall take effect upon final approval of the phase of the land division containing the property on which the design review is to be located. (Ord. 603, 11-1-2018)

The Director shall be the final decision-maker for design review applications. Design review applications are subject to administrative review and do not require a public hearing. (Ord. 603, 11-1-2018)

When considering applications for design review, the Director shall evaluate the impact of the design on and its compatibility with surrounding properties and neighborhoods to mitigate potential impacts of the development and make the following findings:

   A.   The proposed development is consistent with the goals and policies embodied in the adopted master plan and the general purpose and intent of the applicable zoning district regulations;

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

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

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

   F.   The proposed development complies with all additional standards imposed on it by the particular provisions of this title, the Lyon County Design Criteria and Improvement Standards and all other requirements of this title applicable to the proposed development and uses within the applicable base zoning district, including but not limited to, the adequate public facility policies of chapter 110 of this title; and

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

   A.   The Director shall approve, deny or conditionally approve the design review within thirty (30) working days of the design review application being deemed complete in accordance with chapter 3 of this title. Appeal of the Director's decision shall be to the Planning Commission.

   B.   The Director, in his sole discretion may refer a design review application for review and decision by the commission in lieu of rendering a decision. In such event, the commission shall consider the design review at a public hearing and render its decision in accordance with chapter 6 of this title. Appeal shall be to the Board in accordance with section 15.06.03 of this title. The commission and the Board shall apply the standards set forth in this chapter in acting on the design review. (Ord. 603, 11-1-2018)