A.   Planned unit development (PUD) is a land use designation designed to provide an overall planning and design approach for a single use development or a development incorporating a mix of uses. PUD allows for deviation from a strict application of dimensional and use limitations of the zoning district or districts in order to provide flexibility for landowners to creatively plan for the overall development of their land to achieve a more desirable environment than would be possible through strict application of the standard requirements of the zoning district.

While not to be considered as the explicit standards to be applied when evaluating a PUD, the general purpose or purposes for establishing a PUD may include one or more of the following:

      1.   Permit the integration rather than separation of uses so that necessary commercial, recreation, and educational facilities are conveniently located to housing;

      2.   Establish land use patterns that promote and expand opportunities for public transportation and for efficient, compact, networks of streets and utilities that lower development and maintenance costs and conserve energy;

      3.   Help preserve valued environmental resource lands and avoid development of natural hazard areas;

      4.   Help maintain and enhance surface and ground water quality and quantity, and to maintain air quality;

      5.   Help improve and enhance the County's trail and park system and maintain access to public lands;

      6.   Help protect and maintain critical wildlife habitat and migration corridors;

      7.   Establish incentives for applicants to assure that long term affordable housing will be developed;

      8.   Help provide for well-located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities;

      9.   Encourage innovations in residential, commercial and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings, and by the conservation and more efficient use of open space ancillary to the built environment;

      10.   Minimize the burden of traffic on roads and highways;

      11.   Help ensure that the purposes, goals, objectives and policies of applicable Lyon County Comprehensive Master Plans and maps are achieved. (Ord. 603, 11-1-2018)

PUDs shall be permitted in Suburban and Rural Character Areas of Lyon County as identified in the Lyon County Comprehensive Master Plan and maps. PUDs may be permitted in all Suburban Character Area Zoning Districts provided the project, and its component elements and uses, is planned in a manner compatible with each and to the surrounding environment. (Ord. 603, 11-1-2018)

The following standards and criteria shall govern PUD proposals within Lyon County:

   A.   Proposed Uses: The use (or uses) proposed is (are) consistent with the goals and policies of the Lyon County Comprehensive Master Plan.

   B.   Site Area: The minimum site area required for a proposed PUD is five (5) acres. The tract or tracts of land included in a proposed PUD must be in a single ownership or under the development control of a joint application of owners or authorized agents of the property involved.

   C.   Design: The PUD will comply with the Lyon County Design Criteria and Improvement Standards and specifications contained in appendix B on file in the County.

   D.   Density: The allowable residential density shall be established for the subject property, using the net density acreage as defined in chapter 1200 of this title, appendix A. An increase in residential density above the maximum residential density allowed in the existing underlying zoning district may be proposed and can be permitted. The applicant must mitigate increased density, and the level of mitigation shall increase as the proposed density increases. At a minimum, the applicant must explain how the increase can be offset through provision of usable open space and amenities, innovative site design, architectural variety, and quality of construction or promulgates a master plan goal/policy/strategy and demonstrate that any adverse impacts can be mitigated. If the PUD is to be developed in phases, the County may allow for a greater concentration of density or intensity of land use within a section of the development as long as the increase is offset by a reciprocal decrease in density or intensity of land use in any completed prior section of development or by an appropriate reservation of common open space on the remaining land by a grant of permanent protective easement as proscribed in subsection 15.340.08A4 of this title or by covenant in favor of the County.

   E.   Bulk Requirements: Building and parking area setbacks, minimum lot area, lot coverage and building height must conform to the requirements of the equivalent zoning district or the existing underlying zoning for a majority of the PUD unless deviations from those underlying zoning development standards are proposed, considered and approved as a part of the review process. Any such deviation(s) must be justified by the applicant by addressing the allowable modifications contained in chapters 340 through 349 of this title where appropriate, and the exceptions criteria of subsection M of this section.

   F.   Commercial Design: Commercial building placement and architectural design shall conform to the intent of chapter 360 of this title, commercial design standards.

   G.   Residential Design: Multi-family housing placement and design shall conform to the intent of chapter 348, "Multi-Family Residential Design Standards", of this title.

   H.   Parking: Parking shall be provided as required by chapter 401 of this title, parking and loading. Further reductions in the amount of parking to be provided may be proposed by the applicant but shall be approved only if they meet the exceptions criteria of subsection M3 of this section.

   I.   Open Space: The minimum amount of area to be designated and preserved as common open space in any planned unit development shall be twenty percent (20%). Each planned unit development proposal shall identify all areas proposed as common open space meeting the requirements contained in section 15.340.08 of this title. Where a decrease in the required common open space is proposed the applicant shall provide a detailed justification addressing the criteria for exception to the common open space requirement outlined in subsection M of this section. For nonresidential development the common open space requirement can be met by providing a minimum of twenty percent (20%) of the development as landscaped area, which exceeds the minimum standards imposed.

      1.   Usable common open space in residential PUDs shall be sited and improved to provide active recreational amenities intended to provide appropriate opportunities for physical activity and interaction among residents within the development. Except where inventoried significant natural resources or Flood Hazard Zone are present on site, one hundred percent (100%) of the required usable common open space area shall be improved for active or passive recreational use. Usable common open space in Rural Character Areas of Lyon County may retain agricultural/ranching uses, operations and related support structures to continue the agricultural/ranching uses subject to a restrictive covenant recorded on the common open space areas outlining the remaining agricultural/ranching uses and activities to continue on the open space areas while extinguishing any residual development rights from the designated open space areas.

      2.   Development within Historic Character Areas shall provide usable common open space improvements which enhance the pedestrian environment and are appropriate to these higher density areas. Such improvements may include, but are not limited to, the following: hardscaped courtyards; weather canopies; water features and drinking fountains; benches or low walls with seating areas; free-standing planters; play structures; public art or other pedestrian space or design features integrated into the overall design of the development.

      3.   Open space deemed unusable shall be placed under permanent protective easement as proscribed in section 15.340.08 of this title, with evidence provided at the time of application that the proposed easement holder has or will accept the easement and perpetual management and maintenance as required by section 15.340.08 of this title.

   J.   Connectivity: Planned unit developments shall provide vehicular, bicycle, pedestrian or equestrian connections to adjacent and nearby residential areas, transit stops, neighborhood activity centers and other neighborhood facilities in the following manner:

      1.   In PUDs that are five (5) acres or more in size, full street connections with spacing of no more than six hundred feet (600') between these connections shall be provided except where barriers such as topography, railroads, or pre-existing development prevent their construction.

      2.   Within PUDs in which full street connections are not possible, bicycle and pedestrian connection on public easements or rights- of-way shall be provided with spacing of no more than four hundred feet (400') between connections except where barriers such as topography, railroads, or pre-existing development prevent their construction.

      3.   In PUDs, opportunities to incrementally extend and connect proposed new streets with existing streets in adjacent or nearby areas shall be considered in addition to addressing street connectivity recommendations shown on the County-Wide Integrated Roadway Network Maps contained within appendix B of the Lyon County Comprehensive Master Plan on file in the County.

      4.   The use of cul-de-sac designs and closed street systems shall be limited to circumstances in which barriers such as topography, railroads, arterial highways, or pre-existing development prevent full street extensions. When permitted, cul-de-sacs shall have a maximum length of two hundred feet (200') and shall serve no more than twenty five (25) dwelling units.

      5.   Narrow street designs for local streets may be permitted with approval of the County Engineer, Road Superintendent and Fire Chief of the local Fire Protection District, provided that other minimum dimensional requirements are met for travel lanes, bike lanes, parking lanes and sidewalk widths or other suitable alternative facilities (such as grade-separated bike lanes and sidewalks, designated parking areas, etc.) are provided.

      6.   Where site conditions are favorable to stormwater infiltration "green streets" designs may be utilized. Permissible design elements and facilities include, but are not limited to, minimizing paving and/or using pervious paving materials, maximizing street tree coverage, using multi-functional open drainage systems in lieu of more conventional curb-and-gutter systems, reducing cul-de-sac radii and using vegetated islands in the center, and minimizing the negative effects of stream crossings.

   K.   Employment Or Commercial Designations: Planned unit development in areas designated employment or commercial on the Lyon County Comprehensive Master Plan Map may allow mixed industrial, commercial, and residential uses subject to the following:

      1.   The site proposed for the PUD is not less than twenty (20) gross acres in size.

      2.   The PUD preliminary development plan shall indicate the approximate size, general location, and character of use of all areas of the site which the applicant designates for uses other than those allowed by the Lyon County Comprehensive Master Plan Map and this title.

   L.   Buffers: Planned unit developments shall establish adequate buffer zones between dissimilar uses within the development and between dissimilar uses and/or densities exterior to the planned unit development. Special design considerations such as height controls, density controls, architectural modifications, and landscaping buffers shall be incorporated in any portion of the development which adjoins a previously approved land use or division of land.

   M.   Exceptions:

      1.   Building Setback Or Yard Requirements: The commission may grant an exception to the dimensional building setback or yard requirements of the applicable standards based on findings that the approval will result in the following:

         a.   No adverse effect to adjoining properties in terms of light, air circulation, noise levels, privacy, and fire hazard.

         b.   At least one of the following:

            (1)   A more efficient use of the site;

            (2)   The preservation of natural features which have been incorporated into the overall design of the project;

            (3)   Safe vehicular and pedestrian access to the site and safe on- site vehicular and pedestrian circulation.

In the instance where adjoining properties to the planned unit development are zoned Residential, all structures within the PUD shall be set back from adjoining properties to the minimum setback or yard required in the underlying zone.

      2.   Building Height: The commission may grant an exception to the applicable height requirements for a specified and defined area within the PUD, based on findings that:

         a.   The applicant provides a compelling land use reason that would necessitate additional building height; and

         b.   Solar access is maintained to existing solar energy devices on adjacent property.

      3.   Parking: The commission may grant an exception to the off- street parking dimensional and minimum number of space requirements of the applicable standard based on findings that the approval will result in one of the following:

         a.   An exception which is not greater than ten percent (10%) of the required parking.

         b.   At least one of the following:

            (1)   A proposed use which is designed for a specific purpose, is intended to be permanent in nature (for example, a nursing home), and has a low demand for off-street parking;

            (2)   An opportunity for sharing of parking including written evidence that the property owners will enter into a binding legal agreement (e.g., a joint non-concurrent parking agreement);

            (3)   Public transportation is available to the site.

      4.   Open Space: The commission may grant a reduction to the minimum open space requirements of this section upon a finding that:

         a.   The development is within one-fourth (1/4) mile (measured in actual walking distance) of a publicly accessible active open space area such as a regional open space area or a regional public park; or

         b.   Additional amenities are provided in perpetuity to the residents that are determined to sufficiently compensate for the loss of open space are included in the PUD and available to all lots and users of the PUD.

      5.   Density: The commission may grant an exception to allow an increase from the maximum density of the underlying zone, up to a maximum of one hundred twenty percent (120%) of the underlying density, upon finding that:

         a.   Existing and proposed streets and pedestrian/bicycle systems within and connecting to the development are adequate to support the proposed density;

         b.   Existing and proposed water, sanitary sewer and storm drainage facilities within and connecting to the development are adequate to support the proposed density;

         c.   The increase does not necessitate unnecessary topographic alterations or impact significant natural resource areas;

         d.   The development will provide usable common open space and other amenities of exceptional quality or quantity, especially active recreational areas; and

         e.   The additional density will be located internal to the project in a manner which decreases the visual impact on adjacent properties.

In addition to findings in subsections M5a through M5e of this section, the commission also finds that:

         f.   The development demonstrates innovative site design, outstanding architectural variety, and quality of construction;

         g.   The development demonstrates a high level of compliance with habitat friendly, low impact development practices;

         h.   The development demonstrates a high level of compliance with recognized practices for sustainable development, such as (but not limited to) the following: lot and structure orientation for passive and/or active solar energy use; covenants ensuring maintenance of future solar access; use of wind turbines or wind collectors for power generation or passive ventilation; provision of community greenhouses, gardens, or orchards; use of water conserving landscaping; use of stormwater harvesting or diversion for irrigation; enhanced tree plantings; and use of green roofs; or

         i.   The development would provide for the implementation of a master plan goal in a significant manner (e.g., provides that a quarter of the proposed residential units are to be reserved to address the County's need for affordable workforce housing).

   N.   Existing Projects: Existing projects may be considered for planned unit development if, in the opinion of the Director, they do not pose any health, safety or welfare problems and can comply with the minimum acreage, open space and amenities requirements of a new planned unit development proposal.

   O.   Land Dedication: Any land or interest therein within a planned unit development may be dedicated to the County or school district for public use and maintenance, although the County or school district is under no obligation to accept such dedication. In no event does land dedicated to and accepted by the County or school district constitute common open space for the purposes of this chapter. (Ord. 603, 11-1-2018)

A tentative and/or final subdivision map implementing a planned unit development may not be approved until a land use plan has been approved for the planned unit development as a part of the tentative and final PUD approval process. (Ord. 603, 11-1-2018)

The processing of a planned unit development (PUD) is completed in at least two (2) stages. Stage one is the application for tentative approval of a PUD to the commission and approval by the Board. Stage two is final approval of the PUD by the County.

A tentative subdivision map may be processed concurrently with the PUD tentative approval application. No final subdivision map may be processed until final approval of the PUD is obtained. (Ord. 603, 11-1-2018)

   A.   Preapplication Conference: Prior to submitting a tentative approval application for a PUD, the developer shall submit for a preapplication conference as provided in chapter 201 of this title and providing the information outlined below. The preapplication conference is for informational or advisory purposes only, and does not constitute an application for official tentative approval review of a PUD.

      1.   The preapplication conference materials shall contain the following:

         a.   Sketch plan showing the project location, proposed layout and distribution of uses within the planned unit development, and all existing structures within the proposed project area.

         b.   A narrative identifying proposed uses, densities, site conditions, and a preliminary schedule for development of the planned unit development.

      2.   Upon receipt of a Letter of Intent for a planned unit development, the Director shall distribute copies to all County department heads, affected fire, irrigation, improvement districts, and State or local government agencies with a potential interest in the project, and schedule an informational meeting between the developer and affected governmental entities. The informational meeting is intended to allow all parties to identify applicable development criteria and standards, potential conflicts, design opportunities, and the processes and procedures necessary to move the project from concept to implementation. Within ten (10) working days of the information meeting, the Director shall compile comments from participants, and provide a written summary to the project proponent. (Ord. 603, 11-1-2018)

   A.   Application: Each planned unit development proposal shall submit a tentative development plan which provides a development suitability analysis and land use concept plan for the project which establishes the constraints and opportunities for development of a site, and sets forth in the form of written text, diagrams, and/or maps one or more development alternatives and the planning objectives to guide and control the future development of the site. A Tentative Development Plan shall consist of the following elements:

      1.   A narrative addressing the standards and criteria established in sections 15.349.01, 15.349.02 and subsections 15.349.03A thru K of this chapter, including documentation and justification for any exceptions requested.

      2.   A statement of proposed density. The allowable density for a planned unit development shall be compatible with the Lyon County Comprehensive Master Plan and any applicable community plan. Where an increase in the allowable density is proposed the applicant shall provide a detailed justification addressing the criteria for exception to density outlined in section 15.349.03 of this chapter. Factors to be considered in assigning density are as follows:

         a.   Site analysis.

         b.   Topography.

         c.   Drainageways/floodplain areas.

         d.   Views.

         e.   Soils.

         f.   Layout of lots and open space areas.

         g.   Site sectional studies.

         h.   Access.

      3.   A site analysis drawn at 1:20 scale which, on one or more sheets, shows the following:

         a.   A vicinity map showing the location of the property in relation to adjacent properties, roads, pedestrian and bikeways, transit stops, utility lines and any easements on and across the property;

         b.   The parcel boundaries, dimensions and gross area;

         c.   Contour lines at two foot (2') intervals;

         d.   The drainage patterns and drainage courses and water courses (including ditches) on the site and on adjacent parcels;

         e.   Portions of the site within any Flood Hazard Zone, including a figure giving the area and percentage of the site therein;

         f.   Critical wildlife habitat or natural heritage sites;

         g.   Significant site features, including areas with unique views, streams, and stream corridors, significant rock outcrops, and similar significant physical site features;

         h.   The location, size, and variety of trees having a six inch (6") or greater caliper at five feet (5') above ground or, where the site is heavily vegetated, an aerial photograph at the same scale as the site analysis and a drawing showing the location, size, and variety of only the vegetation that will be affected by the proposed development;

         i.   Identification information including the name, address, and phone number of the owner, developer, and project designer;

         j.   A north arrow and the scale.

      4.   A geotechnical investigation report which shows the following: slope stability studies, on-site site grading, cutting and filling; structural foundation requirements; surface and subsurface drainage recommendations; erosion vulnerability; building or grading limitations, including top of slope offsets and areas restricted for site grading; recommendations for construction of streets, utilities, and structures of the site; and identification of any portions of the site requiring further evaluation by a geotechnical or structural engineer. Unless the Director determines that a geotechnical investigation is warranted due to site-specific characteristics, projects meeting all of the following criteria are exempt from this requirement:

         a.   Construction value of the project is one hundred fifty thousand dollars ($150,000.00) or less;

         b.   The project will not involve the import, export, and/or on- site movement of more than one hundred (100) cubic yards of earth;

         c.   There is no evidence of any previous fill on the site to a depth exceeding one foot (1');

         d.   The project does not include proposed cuts or fills on the site to a depth exceeding one foot (1'); and

         e.   No portion of the site has a slope in excess of ten percent (10%).

      5.   A site plan, drawn at the same scale as the site analysis, which, on one or more sheets, shows the following:

         a.   The applicant's entire property and the surrounding property to a distance sufficient to determine the relationship between the applicant's property and proposed development and adjacent property and development;

         b.   Boundary lines and dimensions for the perimeter of the property and approximate dimensions for all proposed lot lines;

         c.   Section lines, corners, and monuments;

         d.   Identification information, including the name, address, and phone number of the owner, developer, and project designer;

         e.   The scale and north arrow;

         f.   The location, dimensions and names of all:

            (1)   Existing and platted streets and other public ways and easements on adjacent property and on the site,

            (2)   Proposed streets or other public ways, easements on the site and on adjoining property;

         g.   The location, dimensions, and setback distances of all:

            (1)   Existing structures, improvements, utility, and drainage facilities on adjoining properties,

            (2)   Existing structures, improvements, utility and drainage facilities to remain on the site,

            (3)   Proposed structures and improvements and conceptual plans for utilities, fire suppression and drainage facilities on the site;

         h.   The location and dimensions of:

            (1)   The entrances and exits to the site,

            (2)   The parking and circulation areas,

            (3)   Pedestrian and bicycle circulation patterns,

            (4)   On-site outdoor recreation spaces and common areas,

            (5)   Above-ground utilities;

         i.   The location of areas to be landscaped;

         j.   The location and type of street lighting;

         k.   The orientation of structures, except single-family detached structures and duplexes;

         l.   The location of group mail boxes.

      6.   Preliminary architectural drawings including proposed building elevations, sections, and floor plans, except for detached single-family and duplex dwelling units;

      7.   A preliminary grading and drainage plan including written statements and descriptions as necessary, at the same scale as the site analysis, addressing the following:

         a.   The location and extent to which grading will take place indicating general contour lines, slope ratios, and slope stabilization proposals;

         b.   A statement from a registered engineer supported by factual data that all drainage, both upstream and on the site, can be accommodated, and the amount and rate of run-off leaving the site is minimized;

         c.   A plan, where on-site detention is not feasible, which identifies and mitigates any off-site adverse effects resulting from increased runoff; the plan shall be prepared by a registered engineer;

         d.   Identification information, including the name and address of the owner, developer, project designer, and the project engineer.

      8.   A conceptual landscape plan, drawn at the same scale as the site plan, which on one or more sheets shows:

         a.   The conceptual location of the underground irrigation system or hose bibs (a general description of maintenance of landscaped areas may be submitted where no irrigation system is proposed);

         b.   The location and height of fences and other buffering or screening materials;

         c.   The location, size, and species of the existing and proposed plant materials;

         d.   The location, size, and variety of the trees to be removed.

      9.   A map showing how proposed street, sidewalks, bike routes and bike ways and pedestrian connections within the proposed planned unit development may be extended onto adjoining undeveloped properties so as not to preclude their efficient development.

      10.   A connectivity analysis prepared by a qualified professional describing the existing and future vehicular, bicycle and pedestrian connections between the proposed planned unit development and existing and planned land uses on adjacent properties.

      11.   The applicant shall submit either:

         a.   A determination by USA that site assessment is not necessary, or

         b.   A USA Service Provider Letter.

      12.   An applicant for a project or phase of a multi-phase project that is forecast to generate one hundred (100) or more average daily auto trips, shall submit as a part of the PUD application a traffic impact report. The report shall analyze the impact of the project or phase of a project on the County and State road and street systems within one mile of the borders of the project or phase of a project, or to such greater distance as necessary until the traffic analysis shows that the impact of the project or phase of a project has dissipated to where it no longer results in an impact of ten percent (10%) or more over current conditions. Such report shall be prepared and certified by a registered traffic engineer licensed in the State of Nevada. The required report shall comply with the standards listed in the Lyon County Design Criteria and Improvement Standards for Traffic Analysis contained in appendix B on file in the County.

      13.   The proposed covenants, conditions and restrictions to be recorded if the PUD is approved. The covenants, conditions and restrictions shall incorporate appropriate provisions for the establishment and maintenance of long-term PUD site development standards, including enforcement mechanisms designed to assure coherent, coordinated development, maintenance and use activity with the PUD site.

      14.   Letters of Intent to Serve from each utility providing service to the planned unit development.

      15.   Tentative map or maps for all land included in the PUD. Tentative subdivision maps, if processed concurrently with the tentative PUD approval application, shall be prepared in accordance with the standards for tentative maps contained in the Lyon County Design Criteria and Improvement Standards, appendix B on file in the County.

   B.   All reports, plans, and documents submitted as elements of the preliminary plan shall be prepared in accordance with the requirements of this section and appendix B on file in the County. Where a conflict exists, the stricter requirement shall be followed. (Ord. 603, 11-1-2018)

   A.   An application for tentative approval of a PUD shall be filed by or on behalf of the landowner. The application shall be filed with the department on forms approved by the department and accompanied by the payment of all applicable fees. Neither the Board, commission, nor any County department shall undertake a review of the proposed development until all fees have been paid in full and a complete application submittal has been received to the satisfaction of the Director.

      1.   The complete application submittal must contain the fee payment, the application form, the appropriate number of prints, and all information required by section 15.349.07 of this chapter as well as additional information deemed necessary to fully determine the potential impacts of the PUD by the Director. The term "print" shall mean plans drawn in conformance with the requirements of the Lyon County Design Criteria and Improvement Standards contained in appendix B on file in the County.

   B.   The department, after submittal of the complete application, shall circulate for review and comment the proposed design standards and development plans. These design standards and plans will be reviewed by County, State, and Federal agencies for compliance with applicable regulations and laws. The agencies shall then respond, in written form, as to the changes and/or conditions to be imposed upon the proposed development. These changes and/or conditions will be incorporated into the staff report and relayed to the landowner prior to the public hearing before the commission.

   C.   Tentative maps submitted together with the application for a PUD shall be reviewed in accordance with the requirements of chapters 600 and 607 of this title concurrent with the review and approval of the PUD. (Ord. 603, 11-1-2018)

   A.   The commission shall hold a public hearing in conformance with the development review and decision making requirements of chapters 6 and 10 of this title.

   B.   The commission may continue a hearing to a specific time and may refer the matter to the department staff for further study. In any event, however, the public hearings shall be concluded within sixty (60) days after the date of the first public hearing unless the landowner consents in writing to an extension of time within which such hearings shall be concluded.

   C.   The commission shall consider all such evidence as presented by staff, the applicant, and the public and shall make findings of fact relative to the tentative map. Findings of fact shall not be inconsistent with the laws of the State or the provisions of this title. The commission shall recommend disapproval or conditional approval on every tentative map if the map does not demonstrate full compliance with this title or Nevada Revised Statutes.

   D.   Recommendation of approval by the commission of the proposed planned unit development plan and implementing tentative map(s) shall impose no obligation on the part of the Board to approve either the plan or tentative map(s) or to accept any public dedication shown thereon.

   E.   The Board shall consider the commission's report and any new evidence as presented by the staff, the applicant, or the public. The Board may continue a hearing to a specific time and may refer the matter back to staff or the commission for further study. In any event, however, the public hearings shall be concluded within sixty (60) days after receipt of the commission report unless the applicant agrees in writing to extend the 60-day period.

   F.   The Board shall, after the conclusion of public hearings by minute action, grant tentative approval, tentative approval subject to specific conditions, or denial of a tentative plan, and all maps necessary to implement the approved plan. When tentative approval is granted, the Board shall specify the maps, drawings, specifications, and form of performance bond that shall accompany the application for final approval. (Ord. 603, 11-1-2018)

The approval or denial of a tentative planned unit development plan shall be by minute action and shall set forth the reasons for the approval or for the denial, and in the case of approval, shall set a specific date for the filing of an application for final approval of the planned unit development, or in the case of phased development over a period of years, shall set the specific periods within which applications for final approvals of each part thereof must be filed. The minutes shall also set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to, the following findings:

   A.   In what respects the plan is or is not consistent with the statement of objectives of this chapter;

   B.   The extent to which the plan departs from zoning and planned unit development regulations otherwise applicable to the property, including but not limited to density, size and use, and the reasons such departures are or are not deemed to be in the public interest;

   C.   The purpose, location and amount of the open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the open space and the adequacy or inadequacy of the amount and purpose of the open space as related to the proposed density and type of residential development;

   D.   A physical design of the plan and in the manner in which such design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, parking requirements, and further the amenities of light and air, recreation and visual enjoyment;

   E.   The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed;

   F.   In the case of a plan which proposes a development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and the residents of the planned unit development in the integrity of the plan. (Ord. 603, 11-1-2018)

Tentative approval of a plan does not qualify a map or plat of the planned unit development for recording or authorize development or the issuance of any building permits. A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the applicant, may not be modified, revoked, or otherwise impaired by action of the County pending an application for final approval, without the consent of the applicant. Impairment by the County is not stayed if an application for final approval has not been filed, or in the case of development over a period of years applications for approval of the several parts have not been filed, within the time specified in the minutes granting tentative approval.

The tentative approval must be revoked and the portion of the area included in the plan for which final approval has not been given shall revert to the master plan designations and zoning classifications in effect on the date of initial application for a planned unit development and shall be subject to this title if:

   A.   The applicant/landowner elects to abandon the plan or any part thereof, and so notifies the County in writing, or

   B.   The applicant/landowner fails to file application for final approval within the required time. (Ord. 603, 11-1-2018)

Unless the time is specified in an agreement entered into pursuant to Nevada Revised Statutes 278.0201, when the applicant has been granted tentative approval of a PUD, the applicant shall file an application for final approval of the plan, and a map or maps for the first phase or unit of the PUD, within one year from the date of tentative approval as granted by the Board. Specific Final Map filing dates for all phases may be extended, upon application to the Board, but in no event shall the dates exceed two (2) years from the previously established final filing date. Tentative approval of a plan does not qualify a plat of the PUD for recording or authorize development or the issuance of any building permits. (Ord. 603, 11-1-2018)

   A.   Application: An application for final approval of a planned unit development shall be made for all the land included in a plan or to the extent set forth in the tentative approval for a section thereof. Such application shall be made to the department within the time specified by the minutes granting tentative approval. The County Engineer and the department shall review, within thirty (30) days, the final approval plan for compliance with the approved tentative approval plan.

      1.   If the plan, as submitted for final approval, is not in substantial compliance with the plan as given tentative approval, the Director shall, within thirty (30) days of the date of the filing of the application for final approval, notify the applicant in writing, setting forth the particular ways in which the final approval plan is not in substantial compliance. Thereupon, the applicant may:

         a.   Treat such notification as a denial of final approval;

         b.   Refile his plan in a form which is in substantial compliance with the plan as tentatively approved; or

         c.   File a written request with the department that the Board hold a public hearing on the application for final approval.

      2.   If the applicant elects the alternatives set out in subsection A1b or A1c of this section, he must refile his plan or file a request for a public hearing on or before the last day of the time within which he was authorized to file for final approval, or thirty (30) days from the date he receives notice that his plan is not in substantial compliance, whichever is later. Failure to refile a request for public hearing within such time period shall constitute an abandonment of the plan by the applicant.

         a.   The burden shall be upon the applicant to show the Board good cause for any variation between the plan as tentatively approved and the plan as submitted for final approval.

         b.   Any such public hearing shall be held by the Board within thirty (30) days after the request for the hearing is made by the applicant. The Board shall, by minute action, either grant final approval to the plan or deny final approval to the plan. The grant or denial of final approval of the plan shall, in cases arising under this section, contain the matters required with respect to an application for tentative approval by section 15.349.08 of this chapter. The Board may continue the hearing, but in no case shall action on the map exceed sixty (60) days from the first hearing date.

      3.   If any errors or omissions are found on the prints of the final plan submitted to the County for checking, the final plan shall be returned to the subdivider or his engineer for correction. When the corrected plans has been received and approved, the County Engineer and Director shall then notify, by certified mail, the land owner if the final plan is in compliance. The thirty (30) day review period shall be extended by the number of days it takes to get the final approval plan corrected. The applicant shall then have ninety (90) days, upon receipt of the County's letter, to record the final plan, if the final approval plan is in substantial compliance with the plan that had been granted tentative approval.

   B.   Contents Of Application: The application shall include such maps, drawings, design and development standards, architectural building elevations, use specification, covenants, easements, conditions and form of performance bond as were set forth in the public record and Board minutes at the time of tentative approval of the planned unit development.

   C.   Hearing: A public hearing on an application for final approval for a planned unit development and zoning map amendment approval of the final planned unit development plan or any part thereof, shall not be required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan that had been granted tentative approval. The plan submitted for final approval shall be in substantial compliance with plans previously approved if modifications by the applicant do not:

      1.   Vary the proposed gross residential density or the number of units proposed;

      2.   Involve a reduction of the area set aside for common or private open space or modify the maintenance agreements;

      3.   Increase the total ground coverage of buildings or involve a substantial change in the height of buildings;

      4.   Vary circulation, drainage, or utility patterns;

      5.   Vary the substance of the covenants, conditions, and restrictions.

   D.   Expiration: Only when final approval has been granted and the final approval plan recorded shall the notation of this fact be placed on the zoning map. If construction of the approved planned unit development has not begun within one year of the recording of the final approval plan, the final approval plan shall expire and the zoning of the site shall revert to the zoning classification in place at the time of initial application for a planned unit development and the zoning map amended to reflect the reversion unless an alternative time is specified in the tentative PUD approval or in a development agreement entered into pursuant to Nevada Revised Statutes 278.0201. (Ord. 603, 11-1-2018)

Approval of a plan, or any part thereof, which has been given final approval, shall be certified without delay by the proper authorities and shall be filed within ninety (90) days of final approval in the Office of the County Recorder before the approval of a final subdivision map for the development and the issuance of any building permits for the development. The Recorder shall collect a fee pursuant to Nevada Revised Statutes. (Ord. 603, 11-1-2018)

   A.   No further development shall take place on the property included in the final approval plan until the property is resubdivided and is reclassified by an enactment of an amendment to the zoning if:

      1.   The landowner abandons the final approval plan or any sections of the final approval plan and gives written notification thereof to the Director; or

      2.   The applicant fails to begin the planned unit development within the prescribed period of time after the final approval has been granted.

   B.   Upon abandonment of a final plan, all property not previously developed as part of the planned unit development shall revert to the zoning classification in place at the time of initial application for a planned unit development. (Ord. 603, 11-1-2018)

Any decision of the Board under this chapter granting or denying tentative or final approval of the plan or authorizing or refusing to authorize a modification in a plan is a final administrative decision and is subject to judicial review in a properly presented case. (Ord. 603, 11-1-2018)