The purpose of this chapter is to describe the minimum performance standards for uses that may be permitted through the approval of a conditional use permit (CUP) in accordance with the requirements of chapter 230 of this title. (Ord. 603, 11-1-2018)

Land uses that require a CUP are listed in section 15.336.03, table 15.336-1 of this chapter. Column 1 of this table identifies the specific land use requiring a conditional use permit, and column 2 of this table provides a reference to the standard(s) applicable to the land use.

In many cases, the minimum standards for a conditional use are the same as those established in chapter 335 of this title for permitted uses. Where no specific reference to a standard appears in column 2 of this table, the development standards outlined in section 15.330.03 of this title shall be utilized as applicable to the specific use. The approving authority may consider additional appropriate standards and establish additional specific conditions of approval where warranted by the specific use and its locality.

In addition to the minimum use standards listed on section 15.336.03, table 15.336-1 of this chapter conditional uses must comply with all requirements of this title and applicable development standards.

Following section 15.336.03, table 15.336-1 of this chapter, sections 15.336.03 et seq., of this chapter identify specific requirements for the review and approval of certain CUPs.

Conditional uses that do not meet the minimum performance standards of this chapter shall not be permitted.

Prior to the establishment of any conditional use the user shall comply with the requirements of chapter 230 of this title. (Ord. 603, 11-1-2018)

 

Note: The uses identified in this table may be "permitted uses" in other zoning districts. See section 15.320.03, tables 15.320-1 through 15.320-5 of this title tables of allowed uses for a complete list of permitted uses, conditionally permitted uses, temporary uses and prohibited uses by zoning district. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019; Ord. 637, 11-7-2024)

(Ord. 603, 11-1-2018)

(Ord. 603, 11-1-2018)

   A.   Purpose: The intent of this section is to regulate the development of Energy Storage Systems (ESS) to protect the public health, safety and general welfare.

   B.   Definitions:

   LITHIUM ION BATTER ENERGY STORAGE SYSTEM (LiBESS): Is a commercial Energy Storage System (ESS) that uses Lithium ion Batteries as a component of the energy storage system. Lithium Ion Battery Energy Storage System does not include LiBESS that are used to provide back-up power to manufacturing and/or data center uses, and are accessory to the primary use of manufacturing or data center, if located on the same parcel.

   C.   Conditional Use Permit: A conditional use permit shall be required for an ESS project that is located in Lyon County in order to review, identify and develop mitigation measures that reduce the potential negative impacts to abutting properties.

   D.   Siting Requirements:

      1.   Parcel Size: A minimum parcel size of ten (10) acres net is required. No part of the ESS or LiBESS shall be located within or over drainage, utility or other established easements.

      2.   Setback: Each LiBESS must be set a minimum of one mile (5,280 feet) from a trail easement, highway, river, perennial or intermittent stream, lake and/or property with an existing residential use. The Board of County Commissioners may, at their sole discretion, approve setbacks that are less than the setbacks outlined in this chapter if the project is a part of a Planned Unit Development (PUD).

      3.   Components: All components of the ESS must be set back from the property boundary a minimum of thirty feet (30').

      4.   Comstock Historic District: In addition to all other requirements, all proposed ESS located within the Comstock Historic District, as established by the Comstock Historical Commission pursuant to Nevada Revised Statutes chapter 384, shall receive a review, approval and a certificate of appropriateness from the Comstock Historic District Commission prior to submitting an application for a conditional use permit.

      5.   Height: Unless otherwise approved the total extended height of a commercial ESS shall not exceed twenty-four feet (24'). The system must be in compliance with FAA regulations regarding height and lighting.

      6.   Minimum Standards: Standards for access, noise, design and installation, etc., shall meet or exceed the requirements of chapter 337, "Performance Requirements for Industrial Uses", of this title. However, conditions placed on the conditional use permit may be more restrictive than the minimum standards provided in this chapter.

      7.   Building Permit: A permit from the County Building Department is required to install an ESS in Lyon County. In evaluating whether to approve a building permit, the building official may request and consider:

         a.   Supporting technical data;

         b.   Test reports; and

         c.   Appropriate documentation from approved sources.

      8.   Road Impacts:

         a.   Developer shall be responsible for all roadway improvements necessary to support all construction and ongoing operations of the ESS, to the satisfaction of the Lyon County Road Director.

         b.   The project shall require two (2) separate traffic studies: one traffic study for the construction phase of the project and a second traffic study for the operations and maintenance phase of the project. Traffic studies shall be provided at the time of application for the Conditional Use Permit or Planned Unit Development process.

         c.   ESS projects shall not block, re-route, or restrict access to public roads, including but not limited to RS 2477 roads, which provide access to public lands. The developer may propose an alternate route as a part of the Conditional Use Permit process or Planned Unit Development process which the Board may approve at their sole discretion. Factors considered when determining approval of an alternate route include but are not limited to changes in travel distance/time, terrain, maintenance, granting of right-of-way, and impact to surrounding properties.

      9.   Visual Appearance: Placement of facilities shall minimize the visual impact of the development from surrounding properties and public rights-of-way.

      10.   Drainage: All improvements, including necessary road improvements, shall comply with the most recent version of the Lyon County Drainage Guidelines.

      11.   Fire Protection: All ESS projects located outside of the boundaries of a Fire Protection District must enter into an agreement with the nearest Fire Protection District to provide fire protection, inspection, and emergency medical services. LiBESS projects must receive approval from the appropriate Fire Protection District prior to construction. LiBESS projects must provide the necessary equipment and training, as the Fire Protection District may require, to effectively fight a fire at the facility. If the Fire Protection District chooses not to provide fire protection, inspection, and/or emergency medical services to the project, the project proponent must provide a plan for how they will provide for those services.

      12.   Decommission And Reclamation Plan: Developer shall submit a reclamation plan to the department as a part of a Conditional Use Permit application. The reclamation plan shall identify the life expectancy of the project and a decommissioning timeline with milestones and shall comply with all requirements in L.C.C. 15.336.12.

      13.   Reclamation: The project must be reclaimed in accordance with the reclamation plan once the project has reached the end of its useful life. If the project owner takes steps to increase the useful life of the project, the project owner must notify the Department in writing and submit a new reclamation plan reflecting the increased project life.

      14.   Variance: Deviations from the standards established by this chapter shall require a variance in accordance with chapter 203 of this title.

(Ord. 603, 11-1-2018; amd. Ord. 640, 6-18-2025)

   A.   Purpose: The purpose of this section is to regulate commercial wind energy conversion systems (WECS) to protect the public health, safety and welfare while encouraging the development of wind energy within Lyon County.

   B.   Acknowledgment/Approval: Written acknowledgment and general approval from the property owner as well as the public utility whose transmission lines to which the commercial WECS is proposed to connect into must be included in all commercial WECS applications.

   C.   Siting Requirements:

      1.   Parcel Size: A minimum parcel size of ten (10) acres net is required. No part of the commercial WECS shall be located within or over drainage, utility or other established easements.

      2.   Setback: Each wind machine must be set back a minimum of two (2) times the total extended height from any property line, railroad, aboveground utility lines or public roads. Setback increases to a minimum of one half mile (2,640 feet) from a trail easement, highway, and/or adjacent properties with an existing residential use. Setback increases to one mile (5,280 feet) from an airport, river, perennial or intermittent stream, and/or lake. The Board of County Commissioners may, at their sole discretion, approve setbacks that are less than the setbacks outlined in this chapter if the project is a part of a Planned Unit Development (PUD).

      3.   Comstock Historic District: In addition to all other requirements, all proposed commercial WECS located within the Comstock Historic District, as established by the Comstock Historical Commission pursuant to Nevada Revised Statutes chapter 384, shall receive a review, approval and a certificate of appropriateness from the Comstock Historic District Commission prior to submitting an application for a conditional use permit.

      4.   Height: Unless otherwise approved, the total extended height of the wind machine shall not exceed two hundred feet (200'). The system must be in compliance with FAA regulations regarding height and lighting. Projects located in an area with military airspace shall comply with military height and lighting regulations.

      5.   Minimum Standards: Remaining standards regarding such things as access, noise, design and installation, etc., shall meet or exceed those of private wind energy systems (see subsection 15.335.03FFF of this title). However, conditions placed on the conditional use permit may be more restrictive than the minimum standards provided in this chapter.

      6.   Building Permit: A permit from the County Building Department is required to install an alternative energy system in Lyon County. In evaluating whether to approve a building permit, the building official may request and consider:

         a.   Supporting technical data,

         b.   Test reports, and

         c.   Appropriate documentation from approved sources.

      7.   Road Impacts:

         a.   Developer shall be responsible for all roadway improvements necessary to support all construction and ongoing operations of the WECS, to the satisfaction of the Lyon County Road Director.

         b.   The project shall require two (2) separate traffic studies: one traffic study for the construction phase of the project and a second traffic study for the operations and maintenance phase of the project. Traffic Studies shall be provided at the time of application for the conditional use permit or Planned Unit Development process.

         c.   WECS projects shall not block, re-route, or restrict access to public roads, including but not limited to RS 2477 roads, which provide access to public lands. The developer may propose an alternate route as a part of the conditional use permit process or Planned Unit Development process which the Board may approve at their sole discretion. Factors considered when determining approval of an alternate route include but are not limited to changes in travel distance/time, terrain, maintenance, granting of right-of-way, and impact to surrounding properties.

      8.   Drainage: All improvements, including necessary road improvements, shall comply with the most recent version of the Lyon County Drainage Guidelines.

      9.   Fire Protection: All WECS projects located outside of the boundaries of a Fire Protection District must enter into an agreement with the nearest Fire Protection District to provide fire protection, inspection, and emergency medical services. If the Fire Protection District chooses not to provide fire protection, inspection, and/or emergency medical services to the project, the project proponent must provide a plan for how they will provide for those services.

      10.   Decommission And Reclamation Plan: Developer shall submit a reclamation plan to the department as a part of a conditional use permit application. The reclamation plan shall identify the life expectancy of the project and a decommissioning timeline with milestones and shall comply with all requirements in L.C.C. 15.336.12.

      11.   Reclamation: The project must be reclaimed in accordance with the reclamation plan once the project has reached the end of its useful life. If the project owner takes steps to increase the useful life of the project, the project owner must notify the Department in writing and submit a new reclamation plan reflecting the increased project life.

      12.   Variance: Deviations from the standards established by this chapter shall require a variance in accordance with chapter 203 of this title.

(Ord. 603, 11-1-2018; amd. Ord. 640, 6-18-2025)

   A.   Purpose: The purpose of this section is to manage the exploration, development and use of geothermal resources in Lyon County.

   B.   Other Permits: All geothermal projects shall be required to obtain all necessary permits from the regulatory agencies with authority over such developments including, but not limited to the State Division of Minerals, the State Department of Environmental Protection, the State Division of Water Resources, the State Health Department, U.S. Forest Service, Nevada State Lands, and the U.S. Bureau of Land Management prior to the issuance of any building/grading permits for the project.

   C.   Consultant Services: If required, outside consulting services for data and modeling reviews shall be the financial responsibility of the applicant. The applicant and County shall enter into an agreement regarding the fees and confidentiality prior to the chosen consultant's review of the data and modeling. The chosen consultant shall act as the County's designated agent.

   D.   Geothermal Exploration Project: A geothermal exploration project is for the purpose of evaluating the presence and characteristics of geothermal resources prior to starting a geothermal field development project.

      1.   Prior to commencing a geothermal exploration project, the developer shall provide Lyon County Community Development Department with a written notice of intent including the following:

         a.   A description of the project including a map of appropriate scale showing the location of the proposed wells and effluent disposal.

         b.   A description of the potential impacts to the local community, existing authorized uses, and natural environment, and proposed measures to mitigate impacts.

         c.   Statement in which the applicant agrees to provide the County access to the data used to develop the conceptual aquifer model.

      2.   The Community Development Department shall not take possession of the written notice of intent; rather the applicant shall make the information available for inspection by County officials or their designated agents provided the County officials and/or designated agents agree not to disclose the information contained in the notice of intent or disseminate the information to the public.

      3.   Prior to commencing a geothermal exploration project, grading permits and a reclamation plan shall be submitted to Community Development for approval prior to beginning exploration activities. Any grading (including temporary access roads, drilling pads etc.) that exceeds fifty (50) cubic yards must have a mass grading plan approved.

   E.   Geothermal Well Field Gathering Systems And Power Generation Facilities: In order to establish a geothermal well field gathering system and/or power generation facility, the following items shall be submitted to the Community Development Department:

      1.   Monitoring Plan: A modeling plan shall be submitted in compliance with 40 CFR part 146 underground injection control program (unless waived by the County based upon the review of the conceptual aquifer model). Prior to commencement of any operations of the geothermal well field and power generating facilities, baseline data representation and collection shall be established to the satisfaction of the County. Projection of geothermal fluids use and injection will be presented to the County as well as a conceptual model. The monitoring plan must be approved by the County and their designated agent prior to the operation of the facilities.

      2.   Numeric Aquifer Model: A numeric aquifer model shall be submitted based on the collection of three (3) years of data following the commencement of operations. The numeric aquifer model shall be designed to show hydrogeological and thermal data to enable modeling of impacts of pumping and injection to the aquifer and potential mitigation actions. The model shall include data on the following:

         a.   Thermal properties of the aquifer including local and large- scale impacts to local aquifers;

         b.   Potential subsidence impacts based on analysis of existing and predicted conditions using the pumping and injection volumes proposed for the project;

         c.   Changes in the radioactive characteristics from pumping (if any); and

         d.   Groundwater aquifer physical and chemical changes before and after the project completion including pressure, temperature trends, volumes and water chemistry.

         e.   The County and their authorized representative will review and if necessary revise the numeric aquifer model.

      3.   Siting Of Geothermal Well Field Gathering Systems And Power Generation Facilities: Geothermal well field gathering systems and related power generation facilities shall be sited in areas with the appropriate zoning district as designated in the land use table contained in section 15.320.03 of this title. If necessary, a zone change application as described in chapter 220 of this title must be requested and approved prior to any permits for the geothermal well field system being issued.

      4.   Proximity To Domestic Wells: Geothermal temperature gradient and exploration/development test wells shall be located a minimum of three thousand feet (3,000') from any adjacent private domestic or agricultural well(s) unless a lease agreement exists between the domestic well owner and the geothermal developer, and a minimum of three thousand feet (3,000') from State- permitted municipal and industrial or quasi-municipal and industrial purpose wells. A variance request as outlined in chapter 203 of this title from this separation standards may be submitted if supported by the outcome of the conceptual aquifer models results.

      5.   Minimum Siting Requirements And Standards: A geothermal well field gathering system and all related above-ground structures related to power generation shall comply with the following minimum standards:

         a.   Visual Appearance: Placement of facilities shall endeavor to minimize the visual impact of the development from surrounding properties and public rights-of-way.

         b.   Height Limits: The maximum height of structures shall comply with the maximum building height listed in the underlying zoning district as listed in chapter 330 of this title.

         c.   Screening And Lighting: Screening and/or buffering treatments may be required to mitigate visual and noise impacts. Where possible, all equipment shall be of a color that blends into the natural surroundings. Lighting shall include light shields that minimize light pollution by eliminating glare into adjoining properties and minimizes light visible from public rights-of- way.

         d.   Noise: Geothermal well field gathering systems' wells and power generation equipment shall not generate noise levels that exceed sixty five (65) dBA time weighted average as measured at the property line located closest to the wells and/or power generation equipment or one-half (½) mile from the facility, whichever is closer. Adjustments for ambient noise will be acceptable and irregular short periods of exceeding the sixty five (65) dBA standard in association with operational anomalies or maintenance is permissible. Acoustical shielding may be required for well heads and power generation equipment in order to comply with this development standard.

         e.   Road Impacts:

      1.   Developer shall be responsible for all roadway improvements necessary to support all construction and ongoing operations of the Geothermal Generating System, to the satisfaction of the Lyon County Road Director.

      2.   The project shall require two (2) separate traffic studies: one traffic study for the construction phase of the project and a second traffic study for the operations and maintenance phase of the project. Traffic studies shall be provided at the time of application for the conditional use permit or Planned Unit Development process.

      3.   Geothermal Generation projects shall not block, re-route, or restrict access to public roads, including but not limited to RS 2477 roads, which provide access to public lands. The developer may propose an alternate route as a part of the conditional use permit process or Planned Unit Development process which the Board may approve at their sole discretion. Factors considered when determining approval of an alternate route include but are not limited to changes in travel distance/time, terrain, maintenance, granting of right-of-way, and impact to surrounding properties.

         a.   Drainage: All improvements, including necessary road improvements, shall comply with the most recent version of the Lyon County Drainage Guidelines.

         b.   Fire Protection: All Geothermal projects located outside of the boundaries of a Fire Protection District must enter into an agreement with the nearest Fire Protection District to provide fire protection, inspection, and emergency medical services. If the Fire Protection District chooses not to provide fire protection, inspection, and/or emergency medical services to the project, the project proponent must provide a plan for how they will provide for those services.

         c.   Decommission And Reclamation Plan: Developer shall submit a reclamation plan to the department as a part of a conditional use permit application. The reclamation plan shall identify the life expectancy of the project and a decommissioning timeline with milestones and shall comply with all requirements in L.C.C. 15.336.12.

         d.   Reclamation: The project must be reclaimed in accordance with the reclamation plan once the project has reached the end of its useful life. If the project owner takes steps to increase the useful life of the project, the project owner must notify the Department in writing and submit a new reclamation plan reflecting the increased project life.

   F.   Geothermal Direct Use Wells: Geothermal direct use wells for commercial or industrial space heating, food dehydration, or other similar such uses shall be subject to the standards listed in this chapter and Nevada Revised Statutes 534A.

(Ord. 603, 11-1-2018; amd. Ord. 640, 6-18-2025)

   A.   Purpose: The intent of this section is to encourage the development of commercial solar energy conversion systems (SECS) while protecting the public health, safety and general welfare.

   B.   Definitions:

   SOLAR ENERGY CONVERSION SYSTEMS (SECS): A facility for the generation of electricity utilizing the energy in sunlight for the purpose of producing electricity to be used on site and/or sold and distributed through the established commercial power grid. Technologies include photovoltaics and concentrated solar power generators. SECS does not include facilities that are used to provide power to manufacturing and/or data center uses, and are accessory to the primary use of manufacturing or data center, if located on the same parcel or entitled through a common conditional use permit or Planned Unit Development.

   C.   Shade Structures: Non-commercial building-mounted solar systems, including solar energy conversion systems (SECS) used as parking lot shade structures, shall not require a CUP provided the structure is conforming, houses or is accessory to a permitted use, and meets all Building Code requirements.

   D.   Acknowledgment/Approval: Written acknowledgment and general approval from the public utility must be included in all commercial SECS applications.

   E.   Siting Requirements:

      1.   Parcel Size: A minimum parcel size of ten (10) acres net is required. No part of the commercial SECS shall be located within or over drainage, utility or other established easements.

      2.   Setback: Each commercial SECS array must be set a minimum of one half mile (2,640 feet) from a trail easement, highway and/or adjacent properties with an existing residential use. Setback increases to one mile (5,280 feet) from an airport, river, perennial or intermittent stream, and/or lake. An SECS may be placed closer than 2,640 feet from a property with an existing residential use, trail easement, or highway if it is separated by a geologic feature or building of a height sufficient to completely obstruct views of the commercial SECS from a point sixteen (16) vertical feet above the boundary of any Residential Zoning District. The Board of County Commissioners may, at their sole discretion, approve setbacks that are less than the setbacks outlined in this chapter if the project is a part of a Planned Unit Development (PUD).

      3.   Components: All components of the commercial SECS must be set back from the property boundary a minimum of thirty feet (30').

      4.   Comstock Historic District: In addition to all other requirements, all proposed commercial SECS located within the Comstock Historic District, as established by the Comstock Historical Commission pursuant to Nevada Revised Statutes chapter 384, shall receive a review, approval and a certificate of appropriateness from the Comstock Historic District Commission prior to submitting an application for a conditional use permit.

      5.   Height: Unless otherwise approved the total extended height of a commercial SECS shall not exceed twenty four feet (24'). The system must be in compliance with FAA regulations regarding height and lighting.

      6.   Minimum Standards: Standards for access, noise, design and installation, etc., shall meet or exceed the requirements of chapter 337, "Performance Requirements For Industrial Uses", of this title. However, conditions placed on the conditional use permit may be more restrictive than the minimum standards provided in this chapter.

      7.   Building Permit: A permit from the County Building Department is required to install a commercial SEC system in Lyon County. In evaluating whether to approve a building permit, the building official may request and consider:

         a.   Supporting technical data,

         b.   Test reports, and

         c.   Appropriate documentation from approved sources.

      8.   Road Impacts:

         a.   Developer shall be responsible for all roadway improvements necessary to support all construction and ongoing operations of the SECS, to the satisfaction of the Lyon County Road Director.

         b.   The project shall require two (2) separate traffic studies: one traffic study for the construction phase of the project and a second traffic study for the operations and maintenance phase of the project. Traffic studies shall be provided at the time of application for the conditional use permit or Planned Unit Development process.

         c.   SECS projects shall not block, re-route, or restrict access to public roads, including but not limited to RS 2477 roads, which provide access to public lands. The developer may propose an alternate route as a part of the conditional use permit or Planned Unit Development process which the Board may approve at their sole discretion. Factors considered when determining approval of an alternate route include but are not limited to changes in travel distance/time, terrain, maintenance, granting of right-of-way, and impact to surrounding properties.

      9.   Visual Appearance: Placement of facilities shall minimize the visual impact of the development from surrounding properties and public rights-of-way. SECSs shall be constructed and/or screened as to not unreasonably infringe upon the use and enjoyment of the surrounding properties and rights-of-way. There shall be no reflection or glare permitted to impact any public rights-of-way. Developers shall submit a visual impact study to the Community Development Department at the time of the conditional use permit application or Planned Unit Development process.

      10.   Drainage: All improvements, including necessary road improvements, shall comply with the most recent version of the Lyon County Drainage Guidelines.

      11.   Fire Protection: All SECS projects located outside of the boundaries of a Fire Protection District must enter into an agreement with the nearest Fire Protection District to provide fire protection, inspection, and emergency medical services. If the Fire Protection District chooses not to provide fire protection, inspection, and/or emergency medical services to the project, the project proponent must provide a plan for how they will provide for those services.

      12.   Decommission And Reclamation Plan: Developer shall submit a reclamation plan to the department as a part of a conditional use permit application or Planned Unit Development process. The reclamation plan shall identify the life expectancy of the project and a decommissioning timeline with milestones and shall comply with all requirements in L.C.C. 15.336.12.

      13.   Reclamation: The project must be reclaimed in accordance with the reclamation plan once the project has reached the end of its useful life. If the project owner takes steps to increase the useful life of the project, the project owner must notify the Department in writing and submit a new reclamation plan reflecting the increased project life.

      14.   Variance: Deviations from the standards established by this chapter shall require a variance in accordance with chapter 203 of this title.

(Ord. 603, 11-1-2018; amd. Ord. 640, 6-18-2025)

   A.   Purpose: It is the intent of this section to provide for the delivery of electrical power in an efficient and effective manner to the utility's customers allowing for an expedited review process for new power transmission lines to be located within designated transmission corridors within the County's master plan while requiring approval of a conditional use permit for new transmission lines located outside of designated transmission corridors as per Nevada Revised Statutes 278.26503. Power transmission lines are permitted in all zoning districts due to the linear nature of transmission lines either through the design review process if located within a designated utility corridor in the County's master plan or as a conditional use permit.

   B.   Other Permits: Typically transmission lines cross through a combination of private and public lands in order to tie into other existing or proposed utility infrastructure (e.g., substations or switching stations, connecting transmission lines). If the aboveground utility project is located on land administered by any agency of the Federal government the applicant shall notify the County of its intent to submit an application concurrent with the Federal review and permit application process, and attend a pre-submittal conference with County staff to discuss the project and specific application requirements. Subsequent to the pre-application meeting, the applicant shall submit as the application the appropriate documents related to the environmental review by State and Federal land management agencies. If the applicant is required to apply for a permit to construct under the Utility Environmental Protection Act from the Public Utilities Commission of Nevada, then the applicant's NEPA application shall constitute the environmental review documents for the conditional use permit application.

   C.   Conditional Use Permit: A conditional use permit shall be required for a power transmission line project that is located outside a designated aboveground utility corridor as identified in the public facilities/services component of the Lyon County comprehensive master plan. In addition to the requirements of this chapter the applicant shall demonstrate that the proposed project meets the following criteria:

      1.   Corridors must not conflict with any existing or planned infrastructure or utility projects;

      2.   Proximity of the proposed corridor to any school, hospital, or urban residential area with a dwelling density greater than two (2) units per acre must be taken into consideration and setbacks conforming to the requirements of the National Electric Safety Code (NESC) established by easement; and

      3.   The proposed aboveground utility corridor is in conformance with the goals and policies of the public utilities/services component of the Lyon County comprehensive master plan. (Ord. 603, 11-1-2018)

   A.   Purpose: It is the intent of this section to provide for the delivery of electrical power in an efficient and effective manner to the utility's customers allowing for a timely review process for new power substations to be located within the County.

   B.   Other Permits: Power substations may be located on either private or public lands in order to tie into other existing or proposed utility infrastructure (e.g., connecting transmission lines). If the power substation project is located on land administered by any agency of the Federal government the applicant shall notify the County of its intent to submit an application concurrent with the Federal review and permit application process, and attend a pre-submittal conference with County staff to discuss the project and specific application requirements. Subsequent to the pre-application meeting, the applicant shall submit as the application the appropriate documents related to the environmental review by State and Federal land management agencies. If the applicant is required to apply for a permit to construct under the Utility Environmental Protection Act from the Public Utilities Commission of Nevada, then the applicant's NEPA application shall constitute the environmental review documents for the conditional use permit application.

   C.   Conditional Use Permit: A conditional use permit shall be required for a power substation project that is located on private land in order to review, identify and develop mitigation measures that reduce the potential negative impacts to abutting properties. (Ord. 603, 11-1-2018)

   A.   Purpose: The intent of this section is to regulate and ensure the proper decommissioning and reclamation of commercial wind conversion systems, geothermal generating systems, commercial solar generation, and commercial energy storage systems to protect the public health, safety and general welfare.

   B.   Decommissioning And Reclamation: The conditional use permit for commercial wind conversion systems, geothermal generating systems, commercial solar generation, and commercial energy storage systems shall include the submission of a Detailed Decommissioning Plan. Prior to the issuance of construction permits, the cost estimate for the complete removal of non-operational above and below ground improvements must be submitted and financial assurance must be posted.

      1.   Decommissioning Plan: The Decommissioning Plan will address the following items:

         a.   All physical improvements, materials, and equipment related to solar energy generation, transmission, and storage must be removed from the surface and the subsurface to a minimum depth of forty-eight (48") inches. The pre-existing soil grade shall also be restored following disturbance caused in the removal process. These shall include, but are not limited to, structures, buildings, equipment, cabling and wiring, solar electric systems, electrical components, security barriers, foundations, pilings, berms, storm water improvements, and any other associated facilities.

         b.   All fencing shall be removed and recycled or reused unless the Community Development Director grants approval for any existing perimeter fencing to remain in place, in which case, the Nevada Department of Wildlife will be consulted to ensure that the remaining fence will not negatively impact wildlife.

         c.   All access roads located within the Project Area shall be removed unless the road was in existence prior to the development or the Community Development Director approves a written request from the current or purchasing landowner to allow a portion of the access roads and associated culverts or related materials to remain.

         d.   For any part of the facility on leased property, the Decommissioning Plan may propose to incorporate agreements with landowners regarding the retainment of driveways, roads, landscaping, berms, fences, gates or repurposed buildings or other structures with approval by the Board of County Commissioners. However, any proposed use of remaining buildings or other structures must be in conformance with the regulations for the zoning district in effect at the time of Board of County Commissioners approval.

         e.   Ground cover and screening established as part of the Facility Development Plan and other existing vegetation may remain as part of the Decommissioning Plan. Land disturbed as part of the decommissioning process must be reseeded and re-vegetated with certified weed free native seed mixes or other plant species suitable to the area. A list of such appropriate plant materials shall be provided by the Community Development Director. Such planting and associated grading or other land disturbance must be completed within one (1) year of removal of Facility structures and equipment, in accordance with the Decommissioning Plan approved and adopted by the Board of County Commissioners.

         f.   Disposal and recycling of all facility materials and equipment, including but not limited to, PV panels, inverters, and batteries must fully comply with all applicable County, state and federal laws, regulations, and code requirements, which includes a County-approved demolition permit for work to be performed by a licensed contractor and an approved location for disposal of such materials and equipment.

         g.   Guaranteed Funds: Financial assurance for the estimated cost of decommissioning and reclamation, which may include the possibility of salvage value if allowed by the Board of County Commissioners must be guaranteed by the owner or operator of the Facility prior to issuance of construction permits to ensure that decommissioning and reclamation can successfully occur. Should another authority having jurisdiction (e.g., NDEP, Bureau of Land Management, etc.) also require financial assurance for decommissioning and reclamation, the Board of County Commissioners may consider accepting the same or portions of the same financial assurance to satisfy both requirements, so long as the assurance meets the specifications of both Lyon County and the separate authority. Upon issuance of the financial assurance, the applicant shall name the County as a party to the financial assurance. The applicant may choose one of the following options (either the full cost option or the tiered securitization option) to provide financial assurance.

         h.   Full Decommissioning Cost: The full cost of decommissioning and reclamation will be guaranteed by one or any combination of the following as determined acceptable by the Board of County Commissioners.

            (1)   Trust Fund: The owner or operator of the Facility shall establish a trust fund into which money specifically earmarked for decommissioning and reclamation is deposited. The Facility conditional use permits and the terms of the trust fund shall prohibit the release of these funds without the written consent of the County. The County shall consent to the release of the funds upon compliance with the Decommissioning Plan approved by the Board of County Commissioners.

            (2)   Payment Surety Bond: The owner or operator of the Facility shall obtain a surety bond satisfactory to and approved by the County in an amount equal to the estimated cost of decommissioning and reclamation. A standby trust fund must be established into which the surety company will make payments if the owner or operator fails to comply with their financial responsibilities. This money deposited into the standby trust fund shall be used to pay a third party to perform the work described in the Decommissioning Plan approved by the Board of County Commissioners.

            (3)   Letter Of Credit: A letter of credit issued by a financial institution that has a credit rating of at least A- or higher by Standard and Poor's or A3 or higher by Moody's; and financial ratios and capitalization requirements that are acceptable to the County, in the full amount of the decommissioning and reclamation estimate.

            (4)   Tiered Securitization: An amount equal to, or more than, ten (10%) percent of the approved decommissioning and reclamation cost estimate shall be either: deposited into a cash escrow account at a financial institution acceptable to the County; or an amount equal to, or more than, ten (10%) percent of the decommissioning and reclamation cost estimate in the form of a payment surety bond or a letter of credit issued by a financial institution that has a credit rating of at least A- from Standard & Poor's or A3 from Moody's and assets (50%) and capital surplus (50%) totaling at least ten billion dollars ($10,000,000,000.00), or an A.M. Best financial strength rating of at least A- (Excellent) or other credit rating and capitalization reasonably acceptable to the County shall be obtained. The amount deposited in the cash escrow account, or the amount of the surety bond or letter of credit, shall increase by an additional ten (10%) percent each year on the anniversary of the commencement of operation of the Facility for nine (9) additional years until one hundred (100%) percent of the full cost estimate of decommissioning and reclamation is achieved.

         i.   Cost Estimate Update: The estimated decommissioning and reclamation costs must be recalculated at an interval no sooner than every year but not later than every five (5) years by an independent third-party Nevada licensed engineer, following the requirements for the original decommissioning cost estimate, and using the most current industry standards. The cost of preparing this update must be paid by the owner or operator.

         j.   If the recalculated estimated cost of decommissioning and reclamation exceeds the original estimated cost by two percent (2%) or greater, then the Facility owner or operator shall deposit additional funds into the trust fund or cash escrow account or make an update to the payment surety bond or letter of credit to meet the new cost estimate.

         k.   If the recalculated estimated cost of decommissioning and reclamation is less than ninety-eight percent (98%) of the original estimated cost, then the County may consider approval of a written request by the owner or operator to reduce the required deposits or, payment surety bond, or letter of credit to the recalculated estimate of decommissioning and reclamation cost.

         l.   Any increase or decrease in the decommissioning and reclamation securitization shall be funded by the applicant or refunded to the applicant (if permissible by the form of security) within ninety (90) calendar days and shall be similarly readjusted for every subsequent five (5)-year decommissioning cost estimate update.

   C.   Amendment To Decommissioning Plan: Any amendment must be approved by the Board of County Commissioners prior to beginning decommissioning and reclamation. Applications for an amendment shall require a public hearing under the same procedures as required for the Facility conditional use permit. Required timeframes for completion of decommissioning and reclamation shall not be extended due to the amendment application process.

   D.   Partial Decommissioning: If decommissioning is triggered for a portion, but not the entire Facility, then the owner or operator shall complete decommissioning and reclamation in accordance with the Decommissioning Plan for the applicable portion of the Solar Facility. The remaining portion of the Solar Facility shall continue to be subject to the Decommissioning Plan.

   E.   Date Of Decommissioning: If the Solar Facility is to be decommissioned and reclaimed, the Facility owner or operator must notify the Community Development Director in writing of the proposed date of discontinued operations and plans for removal.

   F.   Abandonment Of Facility: Unless otherwise approved by the Community Development Director (e.g., to allow time to repair damage from severe weather or to update equipment), Facilities that have not been in active and continuous service for a period of twelve (12) months, as determined by the Community Development Director based upon receipt of a valid Land Use complaint, an unsatisfactory report from a state of federal agency, unsatisfactory annual life and fire safety inspections and/or unsatisfactory self-inspection of battery units, or a failure to provide any of these reports, shall be decommissioned and reclaimed at the Facility owner or operator's expense. However, following the first six (6) months of failure to maintain the site, the County will have the option to hire appropriate professionals to perform needed maintenance using the surety funds required by the conditional use permit.

   G.   The owner or operator or their successors, within six (6) months after the complete cessation of use of the Facility and at their sole expense, shall initiate and provide continuous decommissioning of the Facility in accordance with the approved Decommissioning Plan.

      1.   Following the completion of decommissioning of the entire Facility and payment for any such costs arising out of a default by the owner or operator or their successors, any remaining securitized funds held by the County shall be distributed to the project owner(s) in the same percentage of the securitized funds matched with the percentage of the project owner's acreage ownership of the Facility.

   H.   Default Decommissioning And Reclamation By The County: If the owner or operator, or their successors, fail to decommission the Facility pursuant to the approved Decommissioning Plan, and the County has not approved a repowering of the Facility, the County shall have the right, but not the obligation, to commence decommissioning and reclamation activities and shall have access to the property, and shall have the right to draw on securitized funds up to the amount of the actual decommissioning costs, and the rights to the generation equipment and ESS equipment and materials remaining on the property. If applicable, any excess decommissioning and reclamation securitized funds shall be returned to the current owner(s) of the property after the County has completed the decommissioning and reclamation activities and paid all outstanding invoices, divided according to the percentage of the property owner's acreage ownership of the Solar Facility. Nothing herein shall limit other rights or remedies that may be available to the County to enforce the obligations of the owner or operator or their successors, including under the County's zoning powers.

(Ord. 640, 6-18-2025)

   A.   Purpose: It is the intent of this section to provide for a viable non-animal derived food processing industry within appropriately zoned areas of Lyon County, and ensure that food processing operations are properly sited, maintained and managed.

   B.   Applicability:

      1.   This section applies to all food processing operations that are commercial in nature and that manufacture, package, label, or store food for human consumption, but does not provide food directly to a consumer, including any establishment that:

         a.   Cans food;

         b.   Packages food in packaging with a modified atmosphere;

         c.   Processes vitamins, food supplements, food additives, spices, tea, coffee, salsa, jelly or jam, honey, condiments or candy.

      2.   The harvesting and minimal packing of whole produce for sale is not considered food processing. Food processing includes:

         a.   Washing (as ready to eat);

         b.   Cutting;

         c.   Blending or mixing;

         d.   Drying;

         e.   Durably packaging and labelling of cut, mixed, blended or dried produce;

         f.   Other handling and manufacturing processes.

      3.   Registered Farm-to-Fork operations and cottage food operations are considered to be home based businesses and are exempt from the provisions of this section.

      4.   Animal derived farm products shall comply with the provisions of this section.

   C.   Conditional Use Permit: Any person who owns, operates, or proposes to own or operate a small agricultural production/food processing facility as defined herein shall obtain a conditional use permit in compliance with chapter 230 of this title whenever the following occurs:

      1.   A new small agricultural production/food processing facility exceeding the definition of a home based business is proposed where one does not exist; or

      2.   An existing home based business operating as a small agricultural production/food processing facility expands beyond the definition of a home based business.

   D.   Standards For Small Agricultural Production/Food Processing Facilities: Small agricultural production/food processing facilities shall be designed, located, established and operated in full consideration to their proximity to all adjacent uses, their effect upon adjacent and surrounding properties, to the reduction of noise, odor, dust, and other similar nuisance factors, and in accordance with the following standards:

      1.   Required Minimum Setbacks For New And Expanded Small Agricultural Production/Food Processing Facilities: Setbacks are the distance between the listed structure or use and the nearest point on the perimeter of the small agricultural production/food processing facility.

      TABLE 15.336.13-1

      SETBACK REQUIREMENTS

 

 

      2.   Modification Of Setback: The setbacks listed in table 15.336.13-1 of this section are minimums, and may be increased under the terms of a CUP based on considerations and characteristics of the neighborhood, including but not limited to adjoining or nearby uses within the same or different districts and prevailing wind direction.

      3.   Fly, Vector And Odor Control: Small agricultural production/food processing facilities shall dispose of all food waste and wastewater in such a manner as to control odors, flies and other vectors. Solid food waste shall be kept in covered air tight containers and be removed and disposed of at least weekly.

      4.   Unloading Areas: Unloading areas shall be located at the rear of the facility.

      5.   Enclosed Building Required For Operations: All operations other than shipping and receiving shall be conducted in an enclosed building.

      6.   Hours: The hours and days of operation as specified by the commission.

      7.   Federal And State Licenses: The operator shall maintain all required Federal and State licenses, permits and registrations.

      8.   Development Standards: All activities shall conform to the standards established for industrial uses in chapter 337 of this title and the Lyon County Design Criteria and Improvement Standards.

      9.   Additional Conditions: The commission may impose, in addition to the standards and requirements set forth in these regulations, additional conditions which are reasonable and related to the use being controlled.

      10.   Traffic Plan: When warranted by a traffic study the commission may require the applicant to provide a Traffic and Roadway Impact Mitigation Plan identifying primary routes for all project-connected traffic, a baseline roadway conditions report, and a roadway maintenance agreement for maintenance of all County maintained roads providing primary access to the small agricultural production/food processing facility.

   E.   Information Required For Small Agricultural Production/Food Processing Facility Conditional Use Permit Application: Prior to consideration by the commission, the applicant for a conditional use permit for a small agricultural production/food processing facility shall provide the following information to the Director:

      1.   Owners, managers, management company(ies) or similar entities names, addresses and telephone numbers.

      2.   Legal description of site.

      3.   The type of food to be processed and a description of all processing operations.

      4.   A detailed site plan showing location and dimensions of all structures, improvements, and confinement areas.

      5.   A Drainage Study/Plan in conformance with current Lyon County Design Criteria and Improvement Standards.

      6.   Fly, vector and odor control plan.

      7.   A transportation study and access management plan in conformance with current Lyon County Design Criteria and Improvement Standards. (Ord. 603, 11-1-2018)

   A.   Purpose: It is the intent of this section to provide for a viable small poultry/small meat processing industry within appropriately zoned areas of Lyon County, and ensure that small poultry/small animal processing facilities are properly sited, maintained and managed. Small poultry/small animal processing facilities butcher, process, package, label, and/or store products for human consumption.

   B.   Applicability:

      1.   Registered Farm-to-Fork operations, cottage food operations and slaughtering and private use by the owner or by a custom meat processor holding a custom meat processing permit or other similar small-scale processing (e.g., Future Farmers of America and 4-H animal husbandry and quality assurance programs) are considered to be home based businesses and are exempt from the provisions of this section.

   C.   Conditional Use Permit: Any person who owns, operates, or proposes to own or operate a small poultry/small meat processing facility as defined herein shall obtain a conditional use permit in compliance with chapter 230 of this title whenever the following occurs:

      1.   A new small poultry/small meat processing facility exceeding the definition of a home based business is proposed where one does not exist; or

      2.   An existing home based business operating as a small poultry/small meat processing facility expands beyond the definition of a home based business.

   D.   Standards For Small Poultry/Small Meat Processing Facilities: Small poultry/small meat processing facilities shall be designed, located, established and operated in full consideration to their proximity to all adjacent uses, their effect upon adjacent and surrounding properties, to the reduction of noise, odor, dust, and other similar nuisance factors, and in accordance with the following standards:

      1.   Required Minimum Setbacks For New And Expanded Small Poultry/Small Meat Processing Facilities: Setbacks are the distance between the listed structure or use and the nearest point on the perimeter of the small poultry/small meat processing facilities.

      TABLE 15.336.14-1

      SETBACK REQUIREMENTS

 

 

      2.   Modification Of Setback: The setbacks listed in table 15.336.14-1 of this section are minimums, and may be increased under the terms of a conditional use permit based on considerations and characteristics of the neighborhood, including but not limited to adjoining or nearby uses within the same or different districts and prevailing wind direction.

      3.   Fly, Vector And Odor Control: Small poultry/small meat processing facilities shall dispose of all food waste and wastewater in such a manner as to control odors, flies and other vectors. Solid food waste shall be kept in covered air tight containers and be removed and disposed within forty eight (48) hours.

      4.   Unloading Areas: Unloading areas shall be located at the rear of the facility.

      5.   Rendering Prohibited: No rendering may take place on the site. All operations other than shipping and receiving shall be conducted in an enclosed building.

      6.   Hours: The hours and days of operation as specified by the commission.

      7.   Federal And State Licenses: The operator shall maintain all required Federal and State licenses, permits and registrations.

      8.   Development Standards: All activities shall conform to the standards established for industrial uses in chapter 337 of this title and the Lyon County Design Criteria and Improvement Standards.

      9.   Additional Conditions: The commission may impose, in addition to the standards and requirements set forth in these regulations, additional conditions which are reasonable and related to the use being controlled.

   E.   Information Required For Small Poultry/Small Meat Processing Facility Conditional Use Permit Application: Prior to consideration by the commission, the applicant for a conditional use permit for a small poultry/small meat processing facility shall provide the following information to the Director:

      1.   Owners, managers, management company(ies) or similar entities names, addresses and telephone numbers.

      2.   Legal description of site.

      3.   The type of animals to be processed and a description of all processing operations.

      4.   A detailed site plan showing location and dimensions of all structures, improvements, and confinement areas.

      5.   A Drainage Study/Plan in conformance with current Lyon County Design Criteria and Improvement Standards.

      6.   Fly, vector and odor control plan.

      7.   A transportation study and access management plan in conformance with current Lyon County Design Criteria and Improvement Standards. (Ord. 603, 11-1-2018)

   A.   Purpose: It is the intent of this section to provide for a viable meat processing industry within appropriately zoned areas of Lyon County, protect ground and surface waters, and ensure that meat processing operations are properly sited, maintained and managed.

   B.   Applicability: This subsection applies to all meat processing facilities where the number of live animals confined for the purpose of slaughter and processing that are commercial in nature and that slaughter, butcher, process, package, label, and/or store more than two hundred (200) animal unit equivalents per week of animal derived meat products.

   C.   Conditional Use Permit: Any person who owns, operates, or proposes to own or operate a meat processing facility as defined herein shall obtain a conditional use permit in compliance with chapter 320 of this title whenever the following occurs:

      1.   A new meat processing operation is proposed where one does not currently exist or an existing meat processing operation seeks to expand in which the animals are contained or at any time during the previous twelve (12) months contained for a total of thirty (30) days or more, the following types of animals at or in excess of the number listed for each animal listed below:

 

   D.   Standards For Meat Processing Facilities: Meat processing facilities shall be designed, located, established and operated in full consideration to their proximity to all adjacent uses, their effect upon adjacent and surrounding properties, to the reduction of noise, odor, dust, and other similar nuisance factors, and in accordance with the following standards:

      1.   Setbacks: The minimum required setbacks are listed in section 15.336.14, table 15.336.14-1 of this chapter. These minimum setbacks may be increased under the terms of a conditional use permit based on considerations and characteristics of the neighborhood, including but not limited to adjoining or nearby uses within the same or different districts and prevailing wind direction.

      2.   Manure Application Or Disposal: The land application of animal manures and agricultural process wastewater must follow standards for water quality protection acceptable to the NDEP Bureau of Water Pollution Control (NDEP-BWPC) and the setback requirements of section 15.336.14, table 15.336.14-1 of this chapter.

      3.   Fly, Vector And Odor Control: Meat processing facilities shall dispose of dead animals, manure, and wastewater in such a manner as to control odors, flies and other vectors.

      4.   Rendering Prohibited: No rendering may take place on the site.

      5.   Holding Live Animals: Live animals may be held on the site for no more than twenty four (24) hours.

      6.   Enclosed Building Required For Operations: All operations other than shipping, receiving and holding shall be conducted in an enclosed building.

      7.   Hours: The hours and days of operation as specified by the commission.

      8.   Federal And State Licenses: The operator shall maintain all required Federal and State licenses, permits and registrations.

      9.   Development Standards: All activities shall conform to the standards established for industrial uses in chapter 337 of this title and the Lyon County Design Criteria and Improvement Standards.

      10.   Additional Conditions: The commission may impose, in addition to the standards and requirements set forth in these regulations, additional conditions which are reasonable and related to the use being controlled.

   E.   Application Review: The commission will review the need for control measures on a site specific basis, taking into consideration prevailing wind direction, topography, and existing nearby land uses. The conditional use permit review shall consider the following:

      1.   Methods to be utilized to dispose of dead animals approved by the Nevada Department of Agriculture.

      2.   Screening of lagoons or containment structures to help control odors and improve aesthetics.

      3.   Grading and/or other methods designed to keep pens and solid waste containment areas dry.

      4.   Plans and procedures for the removal of manure from open pens to minimize odor production.

      5.   The design of vertical storage systems, deep pit concrete lined holding ponds, or holding ponds with approved impermeable liners for manure storage.

      6.   The commission may request information relating to the operation not contained in these regulations.

   F.   Traffic Plan: When warranted by a traffic study the commission may require the applicant to provide a Traffic and Roadway Impact Mitigation Plan identifying primary routes for all project- connected traffic, a baseline roadway conditions report, and a roadway maintenance agreement for maintenance of all County maintained roads providing primary access to the meat processing.

   G.   Violations: When considering an application, the commission will take into consideration current and past violations relating to concentrated animal feeding operations and/or meat processing operations that the applicant has had an interest in.

   H.   Information Required For Meat Processing Facility Permit Application: Prior to consideration by the commission, the applicant for a conditional use permit for a meat processing facility shall provide the following information to the Director:

      1.   Owners, managers, management company(ies) or similar entities names, addresses and telephone numbers.

      2.   Legal description of site.

      3.   Number and type of animals.

      4.   A detailed site plan showing location and dimensions of all structures, improvements, and confinement areas.

      5.   A Drainage Study/Plan in conformance with current Lyon County Design Criteria and Improvement Standards.

      6.   Fly, Vector and Odor Control Plan.

      7.   Information on ability to meet designated setback requirements, including maps showing measured distances.

      8.   General water pollution control permit from the NDEP as required.

      9.   Nutrient Management Plan.

      10.   Information on soils, shallow aquifers, designated wellhead protection areas, and flood hazard designations within and adjacent to the site.

      11.   A transportation study and access management plan in conformance with current Lyon County Design Criteria and Improvement Standards.

      12.   Site plan of the land utilized for manure application and written agreements for application on land not owned by the applicant. (Ord. 603, 11-1-2018)

   A.   Conditional Use Permit: A conditional use permit (CUP) is required for all facilities for the use, manufacture, transfer, processing, transfer or storage of explosives or certain other substances.

   B.   Permit Required Before Commencement: As required by Nevada Revised Statutes 278.147, a conditional use permit is required to be approved prior to the commencement of an operation of a facility in which:

      1.   An explosive as defined in Nevada Revised Statutes 459.3816 will be used, manufactured, processed, transferred or stored, or

      2.   A highly hazardous substance is present in a quantity equal to or greater than the amount listed in Nevada Revised Statutes 459.3816 will be used, manufactured, processed, transferred or stored, or

      3.   A hazardous substance listed in Nevada Revised Statutes 459.3833 will be used, manufactured, processed, transferred or stored.

The provisions of this section do not apply to the mining industry per Nevada Revised Statutes 278.147(8).

   C.   Public Hearing: The commission shall within ninety (90) days of the filing of a complete application hold a public hearing to consider the application.

   D.   Public Notice:

      1.   At least thirty (30) days prior to the date of the public hearing, a notice of the time, place and purpose of the public hearing shall be published in a newspaper of general distribution within the County.

      2.   At least thirty (30) days prior to the date of the public hearing, a notice shall be sent by mail or, if requested by a party to whom notice must be provided by electronic means if receipt of such an electronic notice can be verified, to:

         a.   The applicant;

         b.   Each property owner or tenant of real property located within one thousand feet (1,000') of the property in question;

         c.   The owner, as listed in the County Assessor's record, of each of the separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice pursuant to subsection D2b of this section;

         d.   If a mobile home park or multi-family residential development is located within one thousand feet (1,000') of the property in question, each tenant of that mobile home park or multi-family residential development;

         e.   If a military installation is located within three thousand feet (3,000') of the property in question, the commander of that military installation;

         f.   Any advisory board that has been established for the affected area;

         g.   The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

         h.   The State Fire Marshal; and

         i.   The Administrator of the Division of Industrial Relations of the Department of Business and Industry.

      3.   The public hearing notice shall:

         a.   Be written in language that is easily understood; and

         b.   Include a physical description or map of the property in question and a description of all explosives and all substances described in subsection A of this section that will be located at the property in question.

      4.   The commission shall consult with:

         a.   Local emergency management planning agencies;

         b.   The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

         c.   The State Fire Marshal;

         d.   The Administrator of the Division of Industrial Relations of the State Department of Business and Industry;

         e.   The commander of any military installation that may be affected by the operation of the facility; and

         f.   The Governing Body of any city that may be affected by the operation of the facility.

      5.   The commission shall submit to the Board its recommendations for any actions to be taken on the application. In making its recommendation the commission shall include in its approval in addition to the findings listed in section 15.230.06 of this title, such terms and conditions for the operation of the facility as it deems necessary for the protection of:

         a.   The health and safety of the residents of the city, County and/or region; and

         b.   The safety and security of any military installation in the city, County and/or region.

      6.   The Board shall, within thirty (30) days after receiving the commission's recommendation, hold a public hearing to consider the conditional use permit application for approval or denial. (Ord. 603, 11-1-2018)