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Lyon County Unincorporated
City Zoning Code

CHAPTER 605

DIVISION OF LAND INTO LARGE PARCELS

15.605.01: GENERAL PROCEDURES:

   A.   Except as otherwise provided for in this section, all applications for division of land into large parcels shall be processed in two (2) stages:
      1.   Application for tentative map for division of land into large parcels, and
      2.   Application for final map for division of land into large parcels. (Ord. 603, 11-1-2018)

15.605.02: APPLICABILITY:

All owners of land or their authorized representatives who propose to divide any land or portion thereof, vacant or improved, for transfer or development into lots or parcels, each of which is at least: a) one-sixteenth (1/16) of a section as described by government land office survey; or b) forty (40) acres in area, including roads and easements, shall file an application for approval of a tentative map of division into large parcels; provided that, the provisions of this chapter shall not apply to the proposed division of land where each lot is at least one section or six hundred forty (640) acres, or where the division of land conforms to the provisions of Nevada Revised Statutes 278.320, paragraph 4, division of land for agricultural purposes. (Ord. 603, 11-1-2018)

15.605.03: PROCEDURES FOR TENTATIVE MAPS FOR DIVISION OF LAND INTO LARGE PARCELS:

   A.   Application: The landowner or his authorized representative shall submit a complete tentative map application with the department in accordance with the established and published application and submittal schedule.
   B.   Contents Of Tentative Map For Division Of Land Into Large Parcels: Every tentative map for division of land into large parcels shall show, at minimum, the information required by Nevada Revised Statutes 278.471 through 278.4713, inclusive.
   C.   Processing By Department: The department shall distribute copies of the tentative map and accompanying materials to all agencies charged by statute. The department shall schedule the application for public hearing and file reports with the commission and subsequently with the Board.
   D.   Hearing Notice And Procedure: Notice of the hearings before the commission and the Board shall be provided in accordance with chapter 9 of this title.
   E.   Planning Commission Action: Within sixty (60) days after the official filing date, unless the time is extended by mutual consent of the applicant and the commission, the commission shall, following a public hearing, recommend approval, conditional approval or denial of the tentative map of division into large parcels by a majority vote of the members present. The commission shall set forth findings and reasons for its decisions in accordance with the criteria identified in section 15.605.04 of this chapter.
   F.   Decision By Board: Within thirty (30) days after receipt of the commission's recommendation, unless the time is extended by mutual consent of the applicant and the Board, the Board shall conduct a public hearing, and approve, conditionally approve or disapprove the tentative map of division into large parcels. The review and decision of the Board shall conform to the provisions of chapter 7 of this title and include findings and reasons for its decision in accordance with the criteria identified in section 15.605.04 of this chapter. (Ord. 603, 11-1-2018)

15.605.04: FINDINGS FOR TENTATIVE MAP FOR DIVISION OF LAND INTO LARGE PARCELS:

The commission and the Board, in rendering a decision on the tentative map, shall base the recommendation for approval or approval (respectively) on finding in the affirmative of the following:
   A.   The tentative map meets the formal requirements of this chapter and Nevada Revised Statutes.
   B.   The tentative map secures adequate access for subsequent purchasers.
   C.   Where applicable, the tentative map secures the ability to irrigate and drain each parcel, consistent with the water rights appurtenant, and that the rights of downstream users are secured and not impaired.
   D.   The location and width of easements for roads and public utilities are adequate for the area to be divided.
   E.   The location and width of easements for drainage and irrigation purposes are adequate for the area to be divided.
   F.   There are no delinquent taxes or assessments on the land to be divided. (Ord. 603, 11-1-2018)

15.605.05: DURATION, EXTENSION AND AMENDMENT OF TENTATIVE MAP OF DIVISION INTO LARGE PARCELS:

   A.   Time For Submission Of Final Map: Unless the time is extended by the Board in the manner set forth in subsection B of this section, the final map shall be filed within one year from the date of approval of the tentative map by the Board or the date that the requirement of its filing was extended pursuant to subsection B of this section. If a final map of division into large parcels is not recorded within the time frames listed above, all proceedings concerning the map of division into large parcels are terminated.
   B.   Extension Of Tentative Map: The Board may extend the period for presentation of a final map of division into large parcels for not more than one additional year if the application for extension is submitted prior to the expiration of the initial one-year period for presenting the final map as provided in chapter 13 of this title. If a party is aggrieved by the decision of the Board concerning an application for extension, the party may appeal such determination in accordance with the provisions of chapter 12 of this title.
   C.   Amendment Of Tentative Map: At any time after tentative map approval, and before the time required for presentation of a final map, the applicant may request amendment to the approval or conditional approval of the tentative map. The Director may approve minor tentative map amendments, subject to appeal to the commission in accordance with chapter 4 of this title. Major amendments shall be determined in accordance with the procedure for original approval of the tentative map under this chapter. Additional conditions which are reasonably related to the proposed amendment may be attached to approval of the tentative map amendment. An applicant who is unwilling to accept conditions attached to the proposed amendment may withdraw the amendment. Action on the application for amendment of the tentative map shall not extend the period for presenting a final map, unless a request for extension pursuant to subsection B of this section is approved. (Ord. 603, 11-1-2018)

15.605.06: FINAL LAND DIVISION MAP PROCEDURE:

   A.   Application Requirements: Final land division map shall be filed with the department on a form provided by the department. The Board shall be the final decision maker for approval of the final map.
   B.   Action By Board:
      1.   Unless the time period is extended by a mutual consent of the developer and the Board, the Board shall approve, conditionally approve or disapprove the final map within sixty (60) days of the official filing date.
      2.   If the Board does not approve, approve with conditions or disapprove the final map within sixty (60) days, the final map shall be deemed approved unconditionally.
      3.   The Board shall approve the map only upon findings as follows:
         a.   The final map conforms in every respect with the approved tentative map.
         b.   All conditions established upon approval of the tentative map have been satisfied.
         c.   The final map conforms to all County ordinances applicable at the time of the hearing on the final map.
         d.   All necessary certificates required by State law or by this title have been presented with the application for approval of the final map.
      4.   If the map is disapproved, the Board shall also provide the applicant with a written statement of what changes would be necessary to render the map acceptable.
      5.   The Board shall, at the time of approval of the final map, accept or reject any or all offers of dedication.
   C.   Appeal: The Board's action to deny the final land division map may be appealed in accordance with the procedures of chapter 12 of this title. (Ord. 603, 11-1-2018)

15.605.07: FINAL LAND DIVISION MAP CONTENT:

   A.   Contents Of Final Map: Every final map shall include all data required for the tentative map and all changes required as conditions of tentative map approval, and shall contain contents required by Nevada Revised Statutes 278.472, and the following information:
      1.   All lots by number and actual acreage of each lot.
      2.   All roads or easements of access which exist and which the owner intends to offer for dedication, all roads or easements or access which are shown on the applicable master plan, and all roads or easements of access which are specifically required by the tentative approval.
      3.   Any easements for public utilities which exist or are proposed.
      4.   Any existing or proposed easements for irrigation or drainage, and any normally continuously flowing watercourses of any conveyance ditches or other irrigation water structure within the proposed land division map.
      5.   An offer or offers to dedicate the utility and right-of-way easements.
   B.   Final Map Certificates: The following certificates shall appear on the final map and shall be combined when appropriate:
      1.   A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.
      2.   A certificate of the Director and the County Engineer certifying the following:
         a.   That the map conforms to the approved tentative land division map, and all conditions imposed upon such approval have been satisfied.
         b.   That all the improvements have been installed in accordance with the requirements of these regulations, or adequate assurances have been provided that improvements will be completed and maintained in accordance with this title.
         c.   That the County has accepted or deferred any land offered for dedication for public use in conformity with the terms of the offer of dedication.
      3.   If the property includes, impacts, or is adjacent to an irrigation or drainage ditch, a certificate of the appropriate Irrigation and/or Conservation District stating that all irrigation water conveyance facilities and associated access and maintenance easements or rights-of-way are depicted on the map and that all required improvements have been completed.
      4.   A certificate stating that each holder of record as a security interest consents to the preparation and recordation of the boundary line adjustment record of survey map. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

15.605.08: EFFECT OF APPROVAL:

No vested rights shall accrue to the owner or developer of any division of land into large parcels by reason of the approval of a tentative or final map for division into large parcels approval until the actual signing of the final map by all parties required to sign the map and it has been recorded by the County Recorder. All requirements, conditions or regulations adopted by the County applicable to the division of land shall be deemed a condition for any division prior to the time of signing of the final map. (Ord. 603, 11-1-2018)

15.605.09: RECORDING:

   A.   Recording Of The Map: The developer shall file the official final map with the County Recorder once all of the final map certificates have been signed by the appropriate agency/utility/district representatives. Prior to recordation, the final 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.
   B.   Effect Of Recording: Recording of the final map operates as a continuing:
      1.   Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the County may accept in whole or in part at any time or from time to time.
      2.   Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
   C.   Conveyances: After a map has been filed with the County Recorder and recorded, any lot shown thereon may be conveyed by reference to the map, without further description. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)