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Lyon County Unincorporated
City Zoning Code

CHAPTER 601

MAP AND EASEMENT MODIFICATIONS

15.601.01: AMENDED MAPS:

   A.   Certificate Of Amendment: If an error or omission is found in any subdivision map, record of survey, parcel map, map of division into large parcels, or reversionary map, and the correction does not change or purport to change the physical location of any survey monument, property line or boundary line, the error or omission may be corrected by the filing and recordation of a certificate of amendment authorized by the Board. The certificate of amendment shall contain the items required by Nevada Revised Statutes 278.473(4).
   B.   Amending Map: If an error or omission is found in any recorded subdivision map, record of survey, parcel map, map of division into large parcels, or reversionary map, and the correction changes or purports to change the physical location of any survey monument, property line or boundary line, the correction may be effected by the filing of an amended map pursuant to the procedures of this section. This procedure may be utilized only to correct errors or omissions which do not result in a change of the number of lots, result in significant changes to the area of any lot or the amount of land reserved or dedicated for public use and improvements, or result in the removal of any covenants or restrictions attached to the final approved or recorded map.
   C.   Procedures For Amending Map: The same procedures and requirements shall be applied to the application for an amended map as to the original land division, except, in the case of subdivisions, only those procedures for the approval and filing of a final subdivision map shall apply. The amending map shall be in the format and shall contain the certificates required by Nevada Revised Statutes 278.477(2) and this title.
   D.   Public Notice And Review: Map amendments shall be subject to the same personal notice and hearing requirements as required for an original map review. (Ord. 603, 11-1-2018)

15.601.02: MODIFICATIONS TO APPROVED TENTATIVE MAPS:

   A.   Applicability: Whenever the owners of land or their representatives desire to modify an approved tentative map or conditions of approval, an application shall be filed with the department. Those requests resulting in no net change or reduction in the number of parcels, the re-design of the map involving less than ten percent (10%) of the total number of parcels or land area, minor clarification of a condition resulting in no impact to public health or safety, or changes to map design resulting from the mapping of environmental constraints or historic sites, an application for a minor modification may be filed. All other requests shall constitute a major amendment.
   B.   Procedures For Processing A Minor Modification Or A Technical Correction: An application for a minor modification or technical correction shall be filed with the department, on the form provided, with the applicable fees. The Director is the designated authority for minor modifications and technical corrections. Minor modifications as defined in subsection A of this section shall be subject to the personal notice requirements of section 15.09.03 of this title. The applicant shall be notified in writing of the decision regarding the request within thirty (30) working days of the official filing date. The decision of the Director may be appealed.
   C.   Procedures For Processing A Major Amendment: Major amendments shall be processed in the same manner as the original application for land division. With the consent of the department, the applicant may incorporate the previous applications and procedures by reference, to the extent that the amendment makes no material changes on the matters addressed therein. Public notice and hearing requirements shall be those precedent to the approval of the original tentative map. (Ord. 603, 11-1-2018)

15.601.03: REVERSION OF MAPS AND LOT CONSOLIDATIONS OR REVERSION OF DIVISION OF LAND TO ACREAGE:

   A.   Application: All applications for a reversion of map and lot consolidation or reversion of division of land to acreage must be filed with the department on the appropriate forms and meet all applicable submittal requirements. The Director, or his designee, shall be the final decision maker regarding reversion of maps and lot consolidations or reversion of division of land to acreage.
   B.   Fee: The applicant shall pay a fee as set by the Board.
   C.   Compliance With Statute: All applications for reversion of maps and lot consolidations or reversion of land to acreage must comply with Nevada Revised Statutes 278.490.
   D.   Easements: Reversion of maps and lot consolidations or reversion of division of land to acreage does not automatically eliminate any public utility, irrigation, or other private easement that may exist along a lot line. It is the responsibility of the property owner(s) to resolve any and all interest of record in conformance with section 15.601.06 of this chapter.
   E.   Map; Deed: All applications of reversion of maps and lot consolidation or reversion of division of land to acreage must include a reversion to acreage map which contains the same survey dimensions as the previous recorded map. When the lot line to be deleted was created by deed, the lot line deletion may be accomplished by deed and record of survey.
   F.   Notice: Reversion of maps and consolidations or reversions of division of land to acreage shall be subject to the personal notice requirements of section 15.09.03 of this title.
   G.   Appeal: A decision of the Director made under this section may be appealed in the manner provided in chapter 4 of this title.
   H.   Final Reversion Map: Prior to recordation, the final reversion map shall be provided to the county engineer in form and format compatible with the county geographic information system (GIS). The scale of the map, improvements, monuments, and other information shall be placed in the model space correctly oriented to the coordinate system as approved by the public works director. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

15.601.04: MERGER AND RESUBDIVISION OF LAND WITHOUT REVERSION TO ACREAGE:

   A.   An owner or Governing Body that owns two (2) or more contiguous parcels may merge and resubdivide the land into new parcels or lots without reverting the preexisting parcels to acreage pursuant to Nevada Revised Statutes 278.490.
   B.   Streets and easements will remain in effect after the merger and resubdivision of land, unless abandoned in accordance with the provisions of sections 15.601.05 and 15.601.06 of this chapter and Nevada Revised Statutes.
   C.   All applications of a merger and resubdivision of land must be filed with the department on the appropriate forms meeting all applicable submittal requirements.
   D.   The applicant shall pay a fee as set by the Board.
   E.   All applicants for merger and resubdivision of land must comply with Nevada Revised Statutes 278.4925, 278.4955, 278.496 and 278.4965.
   F.   All applications for merger and resubdivision of land, whether created by a map or deed, must follow the same County approval process as would be required for a division of land based on the number of lots to be created. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

15.601.05: VACATION OR ABANDONMENT OF STREET OR EASEMENT:

Any abutting property owner desiring the vacation or abandonment of any street or easement or portion thereof shall file a petition in writing with the department. The petition for vacation or abandonment of the street or easement shall be processed in accordance with the procedures set forth in Nevada Revised Statutes 278.480. A vacation or abandonment of a street easement may be approved in conjunction with the approval of a tentative map pursuant to Nevada Revised Statutes 278.349. The Board may initiate the vacation or abandonment of a street or easement by resolution. (Ord. 603, 11-1-2018)

15.601.06: ADMINISTRATIVE VACATION OR ABANDONMENT OF PUBLIC UTILITY EASEMENTS:

   A.   Purpose: For the purposes of this section, a public utility easement is an easement owned or controlled by public or private utility, and which runs in favor of such utility. Pursuant to Nevada Revised Statutes 278.480(11) and through the use of the procedure contained in this section, the Director, or his designee, is authorized to take final action on the vacation or abandonment of a public utility easement subject to the procedures set forth below.
   B.   General Procedure: The owner of property who seeks abandonment of a public utility easement involving his property shall file an application with the department on the forms provided by the department. The applicant shall pay a fee as set by the Board. The applicant shall provide written verification that all public utility or video service providers have approved the application. The application shall also include a legal description and exhibit prepared and signed by a Nevada licensed land surveyor, unless the County Engineer waives the requirements of retaining a State licensed surveyor for the preparation of the documents. The Director shall provide all conditions of approval to the applicant in writing within forty five (45) days of receiving an application.
   C.   Decision: The Director, or his designee, may issue a written order abandoning a public utility easement after:
      1.   Receiving a complete application;
      2.   Providing notice to each owner of property abutting the easement to be abandoned in conformance with the procedures set forth in chapter 9 of this title. Property owners shall be given ten (10) days to respond;
      3.   Obtaining written approval from all public utility or video service providers indicating that they no longer request the reservation of the easement(s). Written approval shall consist of a legal description sufficient to identify the easement being abandoned and the notarized signatures of all parties holding an interest in the easement. If there is an associated map or record of survey, the acknowledgement of relinquishment shall be provided on the map or record of survey;
      4.   Verification that the applicant has fulfilled all prescribed conditions, and;
      5.   A determination that the subject public utility easement is no longer necessary or useful to Lyon County and that the public will not be materially injured by the proposed vacation.
   D.   Appeal: A decision of the Director made under this section may be appealed in the manner provided for in chapter 4 of this title. (Ord. 603, 11-1-2018)