A.   Standard Forms: Requests for any development approvals required by these regulations shall be made on applications provided by the city, and available from the zoning and building department. The city may promulgate submittal requirements, instructions for completing applications and other forms, internal procedures for acceptance and filing of applications and provisions for waiver, by establishing administrative guidelines. Additional information may be required for particular applications at the discretion of the responsible city official. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   B.   Submission And Determination Of Complete Application:

      1.   All development applications shall be submitted to the zoning official for a determination of completeness. (Ord. 382, 8-28-2007, eff. 9-20-2007)

      2.   Applications will be considered complete when all items required by these regulations for submission have been submitted to the zoning official.

      3.   Incomplete applications shall be returned to the applicant with a written explanation of deficiencies. No further action shall be taken by the city on incomplete applications. Site plan for all zoning items shall submit a copy twenty four inches by thirty inches (24" x 30") and a copy eight and one-half inches by eleven inches (81/2" x 11").

      4.   Complete applications shall be processed in accordance with this chapter and chapter 5 or chapter 6 of this title. The zoning official shall notify the applicant in writing that the application was deemed complete. A copy of the applicant's completion letter shall be simultaneously forwarded to the city clerk. (Ord. 172, 9-24-1996, eff. 10-31-1996)

      5.   Reserved.

      6.   Modification of the application by the applicant without approval of the zoning official or pursuant to the instructions of the planning commission or city council following a determination of completeness shall void the determination. (Ord. 382, 8-28-2007, eff. 9-20-2007)

      7.   A determination of completeness shall not constitute a determination of compliance with the substantive requirements of these regulations.

      8.   A determination that the application is incomplete may be appealed to the zoning board of adjustment. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   C.   Processing Of Application And Report: Following the determination that a development application is complete or is deemed complete pursuant to this section, the zoning official shall review the substance of the application, forward the application for review to applicable advisory bodies, and prepare a report, if necessary, to the planning commission or city council, as may be required. Upon filing of the report with the city clerk, the zoning official shall schedule the matter for public hearing and/or decision in the manner required by these regulations.

   D.   Reserved. (Ord. 382, 8-28-2007, eff. 9-20-2007)

   E.   Examination And Copying Of Documents: At any time, upon reasonable request, any person may examine the application and the materials submitted in support of or in opposition to an application for a development permit or approval. Copies of such material shall be made available at cost. At the request of the applicant, financial information relevant to the project shall not be made available to the public. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Published Notice:

      1.   Except as otherwise specifically provided in these regulations, in any instance in which a public hearing is required, a notice setting forth the date, time, place and purpose of such hearing, the name of the applicant, and identification of the subject property must be published once at least ten (10) days prior to the hearing in a newspaper of general circulation throughout the city 1 .

      2.   In computing the time, both the day of the publication and the day of the hearing shall be excluded.

      3.   Not less than fifteen (15) days prior to the public hearing, the applicant shall provide the information required for the notice to the zoning official who shall be responsible for preparing the notice for publication.

   B.   Personal Notice Of Public Hearing:

      1.   Whenever personal notice of a public hearing is required by these regulations to be sent to surrounding landowners, notice shall be sent by the zoning official at the applicant's cost by U.S. mail at least ten (10) business days before the hearing to each current owner of real property, as listed in the official records of the Clark County, Nevada, assessor, located within five hundred feet (500') of the exterior boundary of the property in question unless otherwise specified by these regulations. If the matter to be considered is an appeal, notice shall be provided to all parties to the appeal, including interested parties.

      2.   Not less than fifteen (15) days prior to the public hearing, the applicant shall provide the information required for the personal notice, including a list of the current owners of record of the real property located within five hundred feet (500') of the exterior boundary of the property in question.

      3.   The responsibility for personal notice to all surrounding landowners lies solely with the applicant for development approval.

      4.   Personal notice shall be in letter form stating the date, time and place of the hearing, a general description of the proposal, the location of the property which is the subject of the hearing and other such requirements as further specified in these regulations. The mailed notice must also include a statement explaining that members of the public may be heard at the public hearing. Newspaper clippings of the published notice shall not be used for personal notice.

      5.   The failure of a property owner to receive notice by mail, if timely sent and properly addressed to the current owner of record, shall not be grounds for invalidating any action taken by the responsible decision making body.

   C.   Posted Notice: When required by these regulations, the zoning official shall post distinctive twenty four inch by twenty four inch (24" x 24") signs giving notice of the date, time and place of the hearing and of the action requested. The zoning official shall post at least one sign on the subject property at least ten (10) days prior to the hearing in conspicuous places visible from every street along the frontage of the subject property. The sign(s) shall remain posted on the property until after the close of the public hearing.

   D.   Agenda Notice: Notice of all public hearings will be included in the city council agenda which shall be posted at city hall at least three (3) business days prior to any public hearing. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   E.   Notice Of Final Determination: Written notification of the decision shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of such conditions, if any. If the final decision maker denies the application, a written statement setting forth the basis for the decision to deny the application shall be included. Record of such notification shall be filed with the city clerk. (Ord. 382, 8-28-2007, eff. 9-20-2007)

   F.   Substantial Compliance Required: Notice shall be deemed to be complete where there is substantial compliance with the requirements of this section. Minor technical deviations in the language of published, personal or posted notice or in the number of signs on a property where multiple signs are required shall not be deemed to impair the notice where the actual notice has been given. The requirement for the number of days of notice, for the general types of notices and for specifying the time, date and place of a hearing and the general location of the property shall be strictly construed; where there is a question raised at the hearing regarding the adequacy of notice, the city council shall make a formal finding as to whether there was substantial compliance with the notice requirement of these regulations.

   G.   Notification Of Appeal Or Revocation: Whenever an appeal is taken from a final decision, or whenever the city determines to revoke a development permit which was obtained following a public hearing, personal notice of the appeal or revocation shall be prepared and made in the manner prescribed by this section. If no public hearing was held prior to obtaining the development permit, personal notice of revocation shall be given only to the holder of the permit.

   H.   Costs Of Notice: All actual costs incurred by the city in preparing and publishing the notice required by these regulations shall be paid by the applicant prior to publication, mailing or posting of such notice according to a schedule of fees established by the city council. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Public Hearing And Recommendation By Planning Commission: Planning commission public hearings shall be held according to the procedure established in section 9-4-7 of this chapter. If no public hearing is required, the commission shall consider the matter at a regularly scheduled public meeting. The commission's written recommendation, if any, together with the staff report and recommendation, if any, shall be filed with the city clerk. (Ord. 382, 8-28-2007, eff. 9-20-2007)

   B.   Decision By Planning Commission: If the planning commission has been delegated final decision making authority for a development application pursuant to these regulations, whether by original jurisdiction or upon appeal, it shall hold a public hearing on the application following receipt of the report and recommendation of the zoning official. Following the public hearing or meeting, the commission shall approve, conditionally approve or deny the application and prepare a written statement setting forth the basis for its decision. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   C.   Notification And Appeal From Decision Of Planning Commission: The zoning official shall notify the applicant of the decision of the planning commission in the manner provided in subsection 9-4-2E of this chapter. Within fifteen (15) days, the applicant may appeal the decision of the planning commission in the manner provided in subsection 9-4-9B of this chapter. (Ord. 382, 8-28-2007, eff. 9-20-2007)

   A.   Public Hearing By City Council: City council public hearings shall be held according to the procedures established in section 9-4-7 of this chapter. If no public hearing is required, the city council shall consider the matter at a regularly scheduled public meeting. (Ord. 382, 8-28-2007, eff. 9-20-2007)

   B.   Decision By City Council: If the city council is the final decision making body for a development application pursuant to these regulations, whether by original jurisdiction or on appeal, it shall decide whether to approve, conditionally approve or deny the application at a public hearing, following the receipt of the recommendation of the planning commission (where applicable). If the city council denies the application, it shall prepare a written statement setting forth the basis for the decision. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   C.   Notification And Appeal From Decision Of City Council: The zoning official shall notify the applicant of the decision or the city council in the manner provided in subsection 9-4-2E of this chapter. The applicant may appeal the decision of the city council in the manner provided in subsection 9-4-9B of this chapter. (Ord. 382, 8-28-2007, eff. 9-20-2007)

   A.   Authority To Conditional Development Approvals: After review of the application, other pertinent documents and any evidence made part of the public record, the zoning official, the planning commission, the city council or the zoning board of adjustment may impose conditions as are reasonably necessary to assure compliance with applicable general or specific standards stated in these regulations. Any conditions imposed by recommendation of the zoning official, planning commission or zoning board of adjustment may be modified by the city council.

   B.   Record And Notification Of Conditions: The zoning official shall include a copy of the conditions with the record of the decision which is filed with the city clerk. The applicant shall be notified of any conditions imposed on the application in the manner provided in subsection 9-4-2E of this chapter. (Ord. 172, 9-24-1996, eff. 10-31-1996)

The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, conditional approval of the application or denial of the application. The reviewing body may allow amendments to the application if the effect of the amendments is to allow a lesser change than that requested on the original application, or to reduce the impact of the development or to reduce the amount of land involved from that indicated in the notices of the hearing. The reviewing body may not, in any case, permit a greater amount of development, or a use falling in a different general use category, or a larger land area than indicated in the original application, or a greater variance than was indicated in the notice. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Setting Of Hearing: When the zoning official determines that a development permit application is complete and that a public hearing is required by these regulations, the zoning official shall consult with the city clerk and shall select a place, date and a time certain for the required hearing, and shall cause notice of such hearing to be prepared and made pursuant to section 9-4-2 of this chapter.

   B.   Purpose Of Hearing: The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others.

   C.   Conduct Of Hearing:

      1.   Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state, for the record, his or her name, address, and if appearing on behalf of an organization, the name and mailing address of the organization.

      2.   The body conducting the hearing shall exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. At the chairperson's discretion, any person appearing as a witness may ask relevant questions of other persons appearing as witnesses, but shall do so only through the chairperson of the body conducting the hearing. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public. The order of proceedings shall be as follows:

         a.   The zoning official or appropriate staff member shall present a description of the proposed development and a written or oral recommendation, if required. The recommendation shall address each factor required by these regulations to be considered prior to action or approval on the development permit. Unless otherwise specified by these regulations, the written recommendation shall be made available to the applicant at least five (5) business days prior to the hearing upon the applicant's request;

         b.   The applicant shall present any information that the applicant deems appropriate;

         c.   Public testimony shall be heard first in favor of the proposal, then in opposition to it;

         d.   The zoning official or other staff member may respond to any statement made by the applicant or any public comment;

         e.   The applicant may respond to any testimony or evidence presented by the staff or public; and

         f.   The body conducting the hearing shall close the public portion of the hearing and conduct deliberations.

   D.   Record Of Proceedings:

      1.   The body conducting the hearing shall record the proceedings by any appropriate means and according to such procedures as the city council may, from time to time, prescribe by rule. Such record shall be provided at the request of any person upon application to the city clerk and payment of a fee set by the city council to cover the cost of duplication of the audio record or tape or preparation of the transcribed record.

      2.   The tapes of all proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits and papers submitted, all staff and advisory body or commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard shall constitute the record.

      3.   All such records shall be public records, open for inspection at reasonable times and upon reasonable notice.

   E.   Continuance Of Proceedings:

      1.   Any applicant or authorized agent of an applicant shall have the right to one continuance before the planning commission, zoning board of adjustment or city council; provided, that a written request is filed with the city clerk at least five (5) business days prior to the date of the scheduled hearing unless unusual circumstances exist.

      2.   An applicant requesting a continuance shall make reasonable efforts, through personal notice, to notify all persons previously advised of the application and hearing that a continuance has been requested. The applicant (at his/her cost) shall also cause written notice of the rescheduled public hearing date to be sent to surrounding property owners in the same manner and in accordance with the same time schedule as for the original meeting.

      3.   The planning commission, zoning board of adjustment or city council may grant a continuance at any time for good cause shown. All motions to grant a continuance shall state the date on which the matter is to be heard. A majority vote of those members in attendance shall be required to grant a continuance.

         a.   The record shall indicate the reason such continuance was made and any stipulations or conditions placed upon the continuance.

         b.   If the planning commission, zoning board of adjustment or city council continues a public hearing on its own motion, it may direct the city clerk or appropriate department to renotify property owners within five hundred feet (500') of the subject property, if such notice was required in the first instance.

         c.   If the continuance of a public hearing is made at the request of an applicant, the planning commission, zoning board of adjustment or city council may direct the applicant to renotify property owners within five hundred feet (500') of the subject property, if such notice was required in the first instance.

         d.   Renotification shall be made by first class United States mail, postage prepaid.

         e.   Where an applicant is required to renotify property owners, the applicant shall submit an affidavit to the zoning official indicating that such renotification has actually occurred at least two (2) business days prior to the continued hearing.

   F.   Additional Rules: Where appropriate, additional rules governing the public hearing may be applicable, including, but not limited to, other provisions of this code applicable to the body conducting the hearing and any of the body's adopted rules or procedures as long as the same are not in conflict with these regulations. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and to limit the time for each presentation or each speaker. (Ord. 172, 9-24-1996, eff. 10-31-1996)

Any development application shall be deemed expired and/or withdrawn where it is not acted upon by the city council due to:

   A.   Failure To Be Represented At Public Hearing: The failure of the applicant to be represented at a scheduled public hearing on such application; or

   B.   Request To Withhold; Inactive Status: The request or consent of the applicant to withhold action on any application; and such application remains in an inactive status for more than one hundred eighty (180) days without a request by the applicant for a rehearing of the application. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Reapplication Following Denial: Whenever any development application is denied for failure to meet the substantive requirements of these regulations, an application for a development permit or development approval for all or a part of the same property shall not be considered for a period of six (6) months from the date of denial unless the subsequent application involves a proposal that is materially different from the previously denied proposal or unless a majority of the members of the body charged with conducting the initial public hearing determine that the prior denial was based upon a material mistake of fact. The body charged with conducting the initial public hearing shall address and resolve any questions concerning the similarity of the second application, material differences, mistakes of fact or other related issues. Denial of a second application following the six (6) month period shall result in a prohibition on the submission of another application for a period of one year from the second date of denial. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   B.   Appeals:

      1.   Any person, including any officer or agency of the city, aggrieved by a final administrative determination on a development permit or administrative development approval by the zoning official or final decision maker may appeal such final determination to the governing body designated by these regulations, if any, in the manner provided in this subsection.

      2.   A written appeal must be filed with the city clerk within fifteen (15) days after the date of the final decision. The appeal shall contain a written statement of the reasons for which the appellant claims the final decision is erroneous. The appeal shall be accompanied by the fee established by the city council.

         a.   The written statement may consolidate the appeals requested.

      3.   The governing body shall hear and render its decision on the appeal within forty five (45) days after the filing of the appeal. The hearing before the governing body shall be conducted in accordance with the provisions of section 9-4-7 of this chapter.

         a.   The governing body is prohibited from granting to an aggrieved person more than two (2) continuances on the same manner, unless the governing body determines, upon good cause shown, that the granting of additional continuances is warranted.

   C.   Judicial Appeals: Where appropriate, further appeal may be made to the district court within twenty five (25) days after the date of filing of notice of the final action with the clerk or secretary of the governing body. (Ord. 382, 8-28-2007, eff. 9-20-2007)

   D.   Amendments And Revisions To Approval:

      1.   The zoning official may approve minor revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the zoning official and are subject to appeal to the zoning board of adjustment pursuant to subsection B of this section. Minor revisions that may be authorized are limited to those that are necessary in light of technical considerations discovered after the decision on the development application by the applicant or the zoning official.

      2.   If the holder of an approved application for a development permit requests a revision that the zoning official determines is not a minor revision, approval of the revision by the original final decision maker is required in accordance with the procedures established for the original approval of the subject development permit. (Ord. 172, 9-24-1996, eff. 10-31-1996)

Unless otherwise specifically provided for in these regulations, development applications shall automatically expire and become null and void, and all activities taken pursuant to such development application shall cease and become null and void, and all activities pursuant to such approval thereafter shall be deemed in violation of these regulations, if:

   A.   The applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any development agreement application, including the failure to abide by specified time limits established therein; or

   B.   The applicant fails to present a subsequent development application as required by this title within the time so required or as may be required by the Nevada Revised Statutes. If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be presumed to be one year from the date such approval was filed with the city clerk. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Duties Of Zoning Official: If the zoning official determines, based upon an inspection by city staff, that there are reasonable grounds for revocation of a development permit or approval authorized by these regulations, the zoning official shall set a hearing before the original decision maker. If the decision was made by the zoning official, the hearing shall be conducted by the zoning board of adjustment. If the city council was the original decision maker, it may refer the proposed revocation to the planning commission for its report and recommendation prior to the hearing 1 .

   B.   Notice And Public Hearing: Notice of the permit revocation hearing shall be given in the same manner as provided in section 9-4-2 of this chapter. The public hearing shall be conducted in accordance with the procedures established in section 9-4-7 of this chapter.

   C.   Decision And Notice: Within fourteen (14) days after the conclusion of the hearing, the decision maker shall render a decision to revoke the permit or allow the applicant to retain the development permit or to reconsider the permit, and shall notify the holder of the permit and any other person who has filed a written request for such notice in the manner provided in subsection 9-4-2E of this chapter.

   D.   Effect And Appeals: A decision to revoke a development permit shall become final fourteen (14) days after the date the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of these regulations. An appeal from the decision to revoke the permit shall be to the city council and shall conform to the procedures established in subsection 9-4-9B of this chapter.

   E.   Reconsideration: The reviewing body may determine that it is necessary to reconsider the appropriateness of the development permit. Based upon this determination, the city council shall schedule a public hearing and provide such notice as was required pursuant to the original development approval. At the hearing, the city council shall reconsider the criteria governing the permit approval, the evidence submitted at the public hearing and the circumstances of the permit. Following the public hearing, the city council may revoke the permit or allow the applicant to retain the development permit.

   F.   Right Cumulative: The city's right to revoke a development permit, as provided in this section, shall be cumulative to any other remedy allowed by law. (Ord. 172, 9-24-1996, eff. 10-31-1996)