A.   Purpose: It may be necessary or advisable, from time to time, to amend the master plan and associated maps, charts and text. This section explains the method for amending the master plan. Requests to change a regulatory zone affecting a parcel of land, or a portion of a parcel, are processed under this section.

   B.   Quarterly Consideration:

      1.   Timing Of Amendments: Pursuant to Nevada Revised Statutes 278.210, each element of the master plan may be amended by the city council no more than four (4) times per calendar year. Applications may be filed with the planning and redevelopment department at any time before the specified deadline date. For the purposes of this section, the restriction on the number of times that the master plan may be amended does not restrict the number of applications that may be submitted, but only refers to the number of times each component of the master plan may be modified by the city council. The restriction on the number of times the master plan may be amended does not apply to minor amendments to the master plan as defined in subsection M of this section.

      2.   Initiation Of Amendments: An owner of real property within the city, or that owner's authorized representative, may, upon proof of ownership, apply for a master plan amendment for that landowner's property. Such amendments also may be initiated by the planning commission, city staff and the city council. The planning and redevelopment director may initiate a minor amendment as defined in Nevada Revised Statutes 278.225. Advisory boards established by the city council may petition the planning commission or city council to initiate an amendment.

      3.   Application: When the owner of the affected property initiates an amendment to the master plan land use plan and zoning map, an application for such amendment shall be obtained from the planning and redevelopment department and by paying the application filing fee. Before any application is made, the applicant is encouraged to confer with the planning and redevelopment director to discuss, in general, the procedures and requirements for an amendment request pursuant to these regulations. If no planning commission exists, the city council shall consider the application pursuant to this section.

      4.   Completeness: No master plan amendment shall be processed until the information necessary to review and decide upon the proposed master plan amendment is deemed complete by the planning and redevelopment director.

   C.   Neighborhood Meeting Notice: Pursuant to Nevada Revised Statutes 278.210, the applicant shall conduct a neighborhood meeting, to be held prior to a public hearing before the planning commission (or city council if no planning commission exists), for any proposed master plan amendments that concern only particular parcels. The applicant shall provide, at the applicant's sole expense, notice of this neighborhood meeting as follows:

      1.   A neighborhood meeting shall be held no less than ten (10) days and no more than thirty (30) days prior to a scheduled public hearing for a proposed master plan amendment.

      2.   The neighborhood meeting shall be for the sole purpose of providing information on the proposed amendment and shall be conducted by the applicant.

      3.   The applicant shall prepare and deliver notice of this neighborhood meeting pursuant to subsection D1 of this section. Property owner address labels are produced by the city, as described under subsections D4 and D7 of this section, and supplied to the applicant. A notice shall also be sent to the planning and redevelopment department, in order to verify the ten (10) day requirement. Alternatively, the applicant may pay separate neighborhood noticing fees, and the city will prepare and deliver notice.

   D.   Public Hearing Notice: The planning commission and/or city council shall hold a public hearing on each proposed amendment. Public hearing notice for all master plan amendments shall be given by the city in accordance with the provisions of this section, when payment of noticing fees is received.

      1.   Notice Of Property Owners By Mail: A notice setting forth the time, place, purpose of hearing, map or physical description of the land involved, existing and proposed land use designations, and a brief summary of the proposed change shall be sent by mail, at least ten (10) days before the meeting to the following persons:

         a.   All owners of real property that are the subject of the master plan amendment;

         b.   Advisory boards created by the city council for the subject area;

         c.   All owners of real property within seven hundred fifty feet (750') of the subject property;

         d.   All tenants of any mobile home park that is located within seven hundred fifty feet (750') of the subject property;

         e.   All general improvement districts (GID) for the subject area; and

         f.   The commander or administrator of a military installation that is within three thousand feet (3,000') of the subject property.

      2.   Posted Notice: The planning and redevelopment director or designee shall post a sign on the subject property in accordance with subsection 9-4-2C of this title.

      3.   Notice Of Property Owners By Electronic Means: If requested by a party pursuant to subsection D1 of this section and if receipt can be verified, an electronic notice must be provided at least ten (10) days before the meeting, setting forth the time, place, purpose of hearing, and map or physical description of the land involved.

      4.   Number Of Notices: If the number of notices sent pursuant to this section does not identify thirty (30) or more separate property owners, the city shall send out additional notices to achieve a total of at least thirty (30) separate property owners.

      5.   Notice In The Newspaper: A notice setting forth the date, time and place of the public hearing shall be published in a newspaper of general circulation in Clark County not less than ten (10) days prior to the public hearing date, pursuant to subsection 9-4-2A of this title.

      6.   Additional Property: When the planning commission deems it necessary or expedient, the commission may consider other property for a change or amendment in addition to the property described in the application; provided, that such additional property is included in the hearing notices.

      7.   Compliance With Noticing Requirements: Owners of all real property to be noticed pursuant to this section shall be those owners identified on the latest county assessor's ownership maps and records.

      8.   Amendment Not Affecting Land Use Boundaries: Notwithstanding the other provisions of this section, a proposed master plan amendment that does not change the boundaries of the land use categories (i.e., regulatory zones) of the master plan land use and zoning map shall only require notice as set forth in subsection D5 of this section.

      9.   Amendment Reducing Density/Intensity: Notice to property owners as set forth in subsections D1 and D3 of this section shall include a ballot that an owner of property may complete and return to the city council to indicate his/her approval of, or opposition to, the proposed amendment to reduce the density or intensity with which a parcel of land may be used. The ballot must be returned prior to the date and time of the public hearing listed on the notice.

   E.   Planning And Redevelopment Director Review And Report: The planning and redevelopment director shall review each proposed master plan amendment in light of the approved findings of subsection F4 of this section and, as deemed necessary, distribute the application to other reviewers. Based on the results of that review, the planning and redevelopment director shall provide a report and recommendation to the planning commission. If no planning commission exists, the report and recommendation shall be provided to the city council.

   F.   Planning Commission Review And Recommendation: The planning commission, if one exists, shall review a master plan amendment in conformance with this section.

      1.   General Provisions: The planning commission shall conduct at least one public hearing with notification, for the purpose of receiving oral and written evidence relative to the application.

      2.   Concurrent Processing Of Applications: If a proposed project requires more than one application under the provisions of the development code, the applications may be filed at the same time and processed concurrently. If more than one review authority is involved, the planning and redevelopment director shall determine the sequence for action by the review authorities.

      3.   Action: The planning commission may take action to recommend approval, modification or denial of the master plan amendment request. A recommendation of approval of the master plan amendment shall be by resolution of the planning commission, carried by the affirmative votes of not less than two-thirds (2/3) of the membership. The resolution shall refer expressly to the maps, descriptive matter, or other matter intended by the planning commission to constitute the amendment. If a motion for approval fails to reach the two- thirds (2/3) affirmative votes, then the amendment request is technically denied.

      4.   Findings: When making its recommendation to the city council for approval, modification of an amendment or denial, the planning commission shall, at a minimum, make at least one of the following findings of fact (subsections F4a through F4e of this section), unless a military installation is required to be noticed, then in addition to findings listed below, a finding of fact (subsection F4f of this section) shall also be made:

         a.   Consistency With Master Plan:

            (1)   Approval: The proposed amendment substantially complies with the policies and action programs of the master plan.

            (2)   Denial: The proposed amendment does not substantially comply with the policies and action programs of the master plan.

         b.   Compatible Land Uses:

            (1)   Approval: The proposed amendment will provide for land uses compatible with (existing or planned) adjacent land uses, will support the character of the neighborhood, and will not adversely impact the public health, safety or welfare.

            (2)   Denial: The proposed amendment would result in land uses which are incompatible with (existing or planned) adjacent land uses, does not support the character of the neighborhood, and would adversely impact the public health, safety or welfare.

         c.   Responds To Changed Conditions:

            (1)   Approval: The proposed amendment responds to character changing events, changed conditions, or further studies that have occurred since the plan was adopted by the city council, and the requested amendment represents a more desirable utilization of land.

            (2)   Denial: The proposed amendment does not identify and respond to character changing events, changed conditions, or further studies that have occurred since the plan was adopted by the city council, and the requested amendment does not represent a more desirable utilization of land.

         d.   No Adverse Effects:

            (1)   Approval: The proposed amendment will not adversely affect the implementation of the Mesquite master plan policies and action programs, with respect to traffic capacity or safety, site conditions, public services or facilities, or environmentally sensitive areas or resources.

            (2)   Denial: The proposed amendment will adversely affect the implementation of the Mesquite master plan policies and action programs, with respect to traffic capacity or safety, site conditions, public services or facilities, or environmentally sensitive areas or resources.

         e.   Desired Pattern Of Growth:

            (1)   Approval: The proposed amendment will promote the desired pattern for the orderly physical growth of the city and guides development of the city based on the projected population growth with the least amount of natural resource impairment and the efficient expenditure of funds for public services.

            (2)   Denial: The proposed amendment does not promote the desired pattern for the orderly physical growth of the city. The proposed amendment does not guide development of the city based on the projected population growth with the least amount of natural resource impairment and the efficient expenditure of funds for public services.

         f.   Effect On A Military Installation:

            (1)   Approval: The proposed amendment will not affect the location, purpose and mission of the military installation.

            (2)   Denial: The proposed amendment will affect the location, purpose and mission of the military installation.

      5.   Effect Of Planning Commission Denial: In the event the planning commission denies a master plan amendment application, that action is final unless appealed to the city council, in accordance with subsection 9-4-9B of this title.

      6.   Planning Commission Report: A report describing the amendment, discussion at the public hearing, and recommendation and vote of the planning commission shall be transmitted to the city council. If the planning commission does not recommend approval, it should state why it could not make the findings for approval in subsection F4 of this section.

   G.   City Council Review And Decision: The city council shall review a master plan amendment in accordance with the provisions of this section.

      1.   Time Period For Hearing: The clerk of the city council shall schedule a public hearing before the city council on a recommendation of approval or the appeal of a denial by the planning commission.

      2.   Notice Of Hearing: The public hearing shall be noticed as required by subsection D of this section.

      3.   Additional Criteria If Amendment Reducing Density/Intensity: Any proposed amendment that would reduce the density or intensity of uses on property (i.e., result in a "downzoning") is subject to additional approval criteria in accordance with Nevada Revised Statutes 278.260. These criteria apply if at least twenty percent (20%) of the property owners to whom notices were sent indicate an opposition to the proposed amendment on the ballot returned per subsection D9 of this section. The criteria require the city council to:

         a.   Consider separately the merits of each aspect of the proposed amendment to which any property owner(s) expressed opposition.

         b.   Make a written finding that the public interest and necessity will be promoted by the approval of the proposed amendment.

      4.   City Council Action:

         a.   If no planning commission exists, final action to approve the amendment shall require a two-thirds (2/3) vote of the total membership of the city council. If a motion for approval fails to reach the two-thirds (2/3) affirmative votes, then the amendment request is technically denied. The city council shall refer to findings listed under subsection F4 of this section.

         b.   If the city council is considering a recommendation of approval, it may take final action to adopt the master plan amendment as recommended by the planning commission, if no modification of the planning commission's recommendation is proposed. Final action to approve the amendment shall require a simple majority vote of the total membership of the city council.

         c.   If the city council is considering an appeal from a denial of a master plan amendment request, it may use the record and any additional evidence relative to the application and may confirm or reverse the denial based upon its interpretation of the findings required and the evidence submitted. Final action to reverse the denial shall require a two-thirds (2/3) vote of the total membership of the city council.

         d.   If the city council proposes to modify the recommendation of approval from the planning commission, the proposed modification shall be referred to the planning commission for consideration, pursuant to Nevada Revised Statutes 278.220. The planning commission shall not be required to hold a public hearing on the modification. The planning commission shall submit a report on the proposed modification to the city council within forty (40) days from the date of referral by the city council. Failure to report shall be deemed a recommendation of approval. Prior to making a final decision, the city council shall be required to conduct a public hearing and notice this hearing pursuant to subsection D of this section. If the planning commission does not recommend approval of the modification, approval of the proposed modification shall require a two-thirds (2/3) vote of the total membership of the city council.

         e.   The final action by the city council shall be final for purposes of judicial review.

   H.   Written Record: When taking final action on the planning commission's or planning director's recommendation, the city council shall make part of the record their affirmation, modification or rejection of the findings of fact provided in the planning commission's or planning director's final recommendation, as well as any other findings of fact that the city council deems to be relevant.

   I.   Appeals Of City Council Decision: Appeals of the city council's decision on master plan amendments shall be made to the courts, as provided by law.

   J.   One Year Wait On Denials: After the denial of a master plan amendment, no application for a master plan amendment for the same or similar amendment may be accepted for one year immediately following the denial. This section shall not apply to applications denied without prejudice, which may be refiled in less than one year's time.

   K.   Modification Of A Master Plan Amendment: Proposed modifications of an approved master plan amendment shall require a new application following the same procedure required for the initial application.

   L.   Certification Of Maps By Electronic Means: Adopted land use and zoning maps may be certified by the planning and redevelopment director as true and accurate originals and copies through an electronic signature.

   M.   Minor Master Plan Amendments:

      1.   Purpose: The purpose of the minor amendment section is to provide a process for adopting changes that do not have substantial effect on the intent of the master plan, and therefore, do not require action by the planning commission.

      2.   Timing Of Minor Amendments: Minor amendments are not limited to quarterly consideration per Nevada Revised Statutes 278.210(5)(b) and may be processed at any time.

      3.   Initiation Of Application And Findings: The planning and redevelopment director shall have the sole authority to initiate a minor amendment to the master plan by making findings that the proposed amendment is consistent with Nevada Revised Statutes and consists of one of the following findings:

         a.   A change in a boundary that is based on a geographical feature, including, without limitation, topography, slopes, hydrographic features, wetland delineation and floodplains, when evidence is produced that the mapped location of the geographical feature is in error;

         b.   A change made to reflect the alteration of the name of a jurisdiction, agency, department or district by the governing body, governing board or other governing authority of the jurisdiction, agency, department or district, as applicable, or by another entity authorized by law to make such an alteration; or

         c.   An update of statistical information that is based on a new or revised study.

      4.   Notice: Before adopting any minor amendment, the city council shall hold at least one public hearing thereon, notice of the time and place of which must be given as set forth in subsection D5 of this section.

      5.   Decision By City Council:

         a.   Action Taken: Upon the receipt of the recommendation of the city's professional staff and any written public input, the city council shall consider the minor amendment application and may approve or deny the recommendation of the city's professional staff or take such other action it deems appropriate. Final action to approve a minor amendment requires a simple majority vote of the total membership of the city council. (Ord. 434, 2-23-2010)

   A.   Purpose: It may be necessary or advisable, from time to time, to amend the text of this title, unified development code. This section explains the method for amending the development code. Requests to change a regulatory zone affecting a parcel of land, or a portion of a parcel, are processed under section 9-5-1, "Master Plan Amendments", of this chapter.

   B.   Requirements For Application:

      1.   Initiation Of Text Amendment: An owner of real property within the city, or the property owner's authorized agent, may request an amendment through an application. Such text amendments may also be initiated by the planning commission, city staff and the city council.

      2.   Application: When the owner of the affected property requests an amendment to these regulations, an application for such amendments shall be obtained from the planning and redevelopment director and by paying the application filing fee. Before any application is made, the applicant is encouraged to confer with the planning and redevelopment director to discuss, in general, the procedures and requirements for an amendment request pursuant to these regulations.

         a.   Information Required: When the applicant seeks to amend the text of these regulations, the applicant shall complete the form provided by the planning and redevelopment director, which requires the applicant to provide a typewritten copy of the proposed changes to the regulations in a format clearly indicating the proposed changes and the reasons supporting the amendment and the specific circumstances, if any, requiring the change.

      3.   Completeness: No development code amendment shall be processed until the information necessary to review and decide upon the proposed development code amendment is deemed complete by the planning and redevelopment director.

   C.   Planning And Redevelopment Director Review And Report: The planning and redevelopment director shall review each proposed development code amendment in light of the approved findings of subsection E3 of this section and, as deemed necessary, distribute the application to other reviewers. Based on the results of that review, the planning and redevelopment director shall provide a report and recommendation to the planning commission. If no planning commission exists, the report and recommendation shall be provided to the city council.

   D.   Public Hearing Notice: The planning commission, if one exists, shall hold a public hearing on each proposed amendment. Notice for all development code amendments shall be given in accordance with the provisions of this section.

      1.   Notice In The Newspaper: A notice setting forth the date, time and place of the public hearing shall be published in a newspaper of general circulation in Clark County not less than ten (10) days prior to the public hearing date, pursuant to subsection 9-4-2A of this title.

   E.   Planning Commission Review And Recommendation: The planning commission, if one exists, shall review a development code amendment in conformance with this section.

      1.   General Provisions: The planning commission shall conduct at least one public hearing with notification for the purpose of receiving oral and written evidence relative to the application. The evidence shall be reviewed to determine if the proposed development code amendment is consistent with the Mesquite master plan. The planning commission shall recommend approval or denial of the application based on the results of this review.

      2.   Action: The planning commission may take action to recommend approval or deny the development code amendment request. A recommendation of approval of the development code amendment shall be by resolution of the planning commission, carried by a simple majority vote of the quorum present.

      3.   Findings: When making its recommendation to the city council for approval or denial, the planning commission shall, at a minimum, make at least one of the following findings of fact:

         a.   Consistency With Master Plan:

            (1)   Approval: The proposed development code amendment is consistent with the goals and policies of the Mesquite master plan.

            (2)   Denial: The proposed development code amendment is not consistent with the goals and policies of the Mesquite master plan.

         b.   Promotes The Purpose Of The Development Code:

            (1)   Approval: The proposed development code amendment will not adversely impact the public health, safety or welfare, and will promote the original purposes and intent of the development code.

            (2)   Denial: The proposed development code amendment would adversely impact the public health, safety or welfare, and will not promote the original purposes and intent of the development code.

         c.   Responds To Changed Conditions:

            (1)   Approval: The proposed development code amendment responds to changed conditions or further studies that have occurred since adoption by the city council, and the requested amendment allows for a more desirable use and management of land within the land use and zoning districts.

            (2)   Denial: The proposed development code amendment does not respond to changed conditions or further studies that have occurred since adoption by the city council, and the requested amendment does not allow for a more desirable use and management of land within the land use and zoning districts.

      4.   Effect Of Planning Commission Denial: In the event the planning commission denies a development code amendment application, that action is final unless appealed to the city council, in accordance with subsection 9-4-9B of this title.

      5.   Planning Commission Report: A report describing the amendment, discussion at the public hearing, and recommendation and vote of the planning commission shall be transmitted to the city council. If the planning commission does not recommend approval, it should state why it could not make the findings for approval in subsection E3 of this section.

   F.   City Council Review And Decision: The city council shall review a development code amendment in accordance with the provisions of this section.

      1.   Time Period For Hearing: The clerk of the city council shall schedule a public hearing before the city council on a recommendation of approval or the appeal of a denial by the planning commission. Development code amendments are adopted by ordinance, which require first and second readings. The second reading comprises the public hearing.

      2.   Notice Of Hearing: The public hearing shall be noticed as required by subsection D of this section.

      3.   City Council Action:

         a.   If no planning commission exists, final action to approve the development code amendment shall require a simple majority vote of the quorum present. The city council shall refer to the findings listed under subsection E3 of this section.

         b.   If the city council is considering a recommendation of approval, it may take final action to adopt the development code amendment. Final action to adopt the amendment shall require a simple majority vote of the quorum present.

         c.   If the city council is considering an appeal from a denial of a development code amendment request, it may use the record and any additional evidence relative to the application and may confirm or reverse the denial based upon its interpretation of the findings required and the evidence submitted. Final action to confirm or reverse denial of the development code amendment shall require a simple majority vote of the quorum present.

         d.   The final action by the city council shall be final for purposes of judicial review.

   G.   Written Record: When taking final action on the planning commission's or planning director's recommendation, the city council shall make part of the record their affirmation or rejection of the findings of fact provided in the planning commission's or planning director's final recommendation, as well as any other findings of fact that the city council deems to be relevant.

   H.   Appeals Of City Council Decision: Appeals of the city council's decision on development code amendments shall be made to the courts, as provided by law. (Ord. 434, 2-23-2010)

 

 

   A.   Purpose: Conditional uses are those uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.

   B.   Applicability:

      1.   The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved.

      2.   Approval of a conditional use permit shall be deemed to authorize only the particular use for which the permit is issued.

      3.   No use authorized by a conditional use permit shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new conditional use permit in accordance with the procedures set forth in these regulations.

      4.   Development of the conditional use shall not be carried out until the applicant has secured all the permits and approvals required by these regulations, other appropriate provisions of this code or any permits required by county, regional, state or federal agencies.

   C.   Application For Conditional Use Permit:

      1.   Staff Conference: Before any application is made, the applicant is encouraged to confer with the zoning official and the staff review committee to discuss, in general, the procedures and requirements for a conditional use request pursuant to these regulations.

      2.   Application: A property owner or designated representative of the property owner shall initiate a conditional use request by filing an application with the zoning official and paying a conditional use request fee as determined by the city council. Nonprofit organizations and public entities shall be exempt from the fee payment.

      3.   Contents: A conditional use application shall include:

         a.   A site plan, as defined in section 9-5-4 of this chapter. The site plan shall include a vicinity map, floor plans and an elevation and shall indicate clearly the nature and location of the requested conditional use. Specific requirements of site plan preparation may be waived by the zoning official if circumstances so require.

         b.   Evidence of the applicant's ability and intention to proceed with construction in accordance with the site plan within one year after the effective date of the permit. (Ord. 172, 9-24-1996, eff. 10-31-1996)

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

   E.   Conditional Use Review And Recommendation:

      1.   Review: Upon a determination of completeness, the zoning official shall forward copies of the conditional use application to the appropriate recommending body. If a planning commission exists, the planning commission shall review the conditional use request and make a recommendation to the city council. If no planning commission exists, the staff review committee shall review the conditional use request and make a recommendation to the city council.

      2.   Public Hearing: The planning commission, if one exists, shall hold a public hearing on a conditional use request pursuant to section 9-4-7 of this title.

         a.   Personal notice of the public hearing shall be mailed in accordance with the requirements of subsection 9-4-2B of this title.

         b.   Personal notice shall also be mailed pursuant to subsection 9-4-2B of this title to each tenant of any mobile home park located within three hundred feet (300') of the subject property. The names of such tenants shall be supplied to the planning commission or city council by the applicant.

         c.   If an advisory board has been established for the affected area by the city council, notice shall also be mailed pursuant to subsection 9-4-2B of this title to that board.

      3.   Criteria: The planning commission or the staff review committee, as appropriate, shall consider the following criteria when making its recommendation to the city council:

         a.   Whether the proposed use at the specified location is consistent with the policies embodied in the adopted master plan;

         b.   Whether the proposed use is consistent with the general purpose and intent of the applicable zoning district regulations and complies with the requirements of the zoning ordinance;

         c.   Whether the proposed conditional use may be materially detrimental to the public health, safety, convenience and welfare, or may result in material damage or prejudice to other property in the vicinity;

         d.   Whether the proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on site or within the public rights of way to mitigate any adverse impacts which may result from the development, such as traffic, noise, odors, visual nuisances or other similar adverse effects. Such improvements or modifications may include, but shall not be limited to, the placement or orientation of buildings and entryways, parking areas, buffer yards and the addition of landscaping, walls or both, to ameliorate such impacts;

         e.   Whether the proposed use will generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood.

      4.   Recommendations: The planning commission shall make its recommendation at the public hearing, on the record. The staff review committee shall make a written recommendation to the city council, which report shall be available to the applicant and public at least five (5) business days prior to the city council hearing for which it is scheduled. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   F.   Conditional Use Approval:

      1.   Public Hearing: The city council, upon receipt of the recommendation of the planning commission or the staff review committee, as appropriate, and within sixty five (65) days of the filing of the complete application, shall hold a public hearing on a conditional use request, pursuant to section 9-4-7 of this title. Notice of the public hearing shall be given according to the requirements of subsection E2 of this section. (Ord. 382, 8-28-2007, eff. 9-20-2007)

      2.   Decision; Criteria: The city council shall approve, conditionally approve or deny the conditional use application at the public hearing. In approving or conditionally approving a conditional use application, the city council shall consider the criteria specified in subsection E3 of this section.

      3.   Denial; Reasons Recorded: If the city council denies a conditional use application, it shall record the reasons for denial in the record.

         a.   No conditional use application will be approved or permit granted that is in violation of or in conflict with any laws of the state.

         b.   If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or uses permitted by right in the zoning district.

      4.   Restrictions Imposed: In conditionally approving a conditional use application, the city council may impose such conditions, safeguards and restrictions upon the premises or permittees benefited by the conditional use as may be necessary to reduce or minimize any potentially injurious effect of such conditional use upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.

      5.   Conditional Use Permit Issuance:

         a.   The city council, in their resolution of approval, shall authorize the zoning official to issue a conditional use permit.

         b.   The conditional use permit shall set out regulations, restrictions, limitations and a termination date so that reasonable control may be exercised over the use.

         c.   Upon approval by the city council, the zoning official shall forward a letter of approval to the applicant and file a copy of the same with the city clerk.

   G.   Revocation/Expiration Of Conditional Use Permit: Any conditional use permit granted under the authority of these regulations is subject to revocation pursuant to section 9-4-11 of this title for any or all of the following reasons:

      1.   Noncompliance: Noncompliance with any special conditions imposed on the conditional use permit by the city council or these regulations at the time of approval of the conditional use;

      2.   Land Use Violation: Violation of any provisions of these regulations pertaining to the use of land, the construction or use of buildings or structures or activities conducted on the premises by the permittee or agents of the permittee;

      3.   Violation Of Applicable Regulations: Violation of any other applicable zoning regulation or this code provision or any county, state or federal law or regulation by the permittee or agents of the permittee; provided, that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications of the permittee or its agents to engage in such conduct or activity;

      4.   Construction Commencement: If a conditional use authorized or granted under the provisions of this section is not actually established or the actual construction commenced on the buildings or structures involved within one year from the date of the conditional use approval, the approval shall be deemed to be revoked and any further activity on the site shall be treated as a violation of these regulations;

      5.   Permit Expiration: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be commenced, a new permit shall be first obtained to do so;

      6.   Use Discontinued: If any use of land, building, structure or premises established under the provisions of this section has been discontinued for a period of one year, it is unlawful to again use such land, building or premises for such discontinued use until a subsequent conditional use permit is granted.

   H.   Extension Of Time: Extensions of conditional use permits may be granted pursuant to section 9-4-10 of this title.

   I.   Appeal Procedure: If the city council denies an application for a conditional use, an appeal of the city council decision may be taken to the district court in accordance with subsection 9-4-9C of this title. (Ord. 172, 9-24-1996, eff. 10-31-1996)

 

 

(Ord. 397, 3-11-2008, eff. 4-3-2008)

   A.   Purpose: The purpose of requiring site plan review is to ensure that proposed development conforms with these regulations and proposes a compatible arrangement of buildings, off street parking, lighting, signage, landscaping, vehicle and pedestrian circulation, site drainage and open spaces. Site plan review shall consider the siting of proposed construction and its impact on the existing topography and natural vegetation, and the relationship of proposed construction to existing public and private improvements in the immediate area and its conformance to the policies and standards of the master plan. The design shall encourage the elimination of unnecessary grading and endeavor to retain the natural character of the site, including the preservation of trees and other natural features.

   B.   Applicability:

      1.   A site plan shall be required for all new construction, exterior additions or changes in use to any structure used for multi-family, commercial, industrial or public use, whether such use is a permitted use in the district, authorized by a special use permit or allowed as a planned development. No building permit shall be issued for a development subject to site plan review until such site plan has been approved in accordance with these regulations.

      2.   Development in the following zoning districts is required to obtain site plan review and approval prior to the issuance of a building permit: (Ord. 172, 9-24-1996, eff. 10-31-1996)

MF-1

MF-2

MF-3

MF-4

CR-1

CR-2

CR-3

CR-H

PB

IR-1

IR-2

HT

RV

MH

PF

(Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 397, 3-11-2008, eff. 4-3-2008)

      3.   Site plan review is not required for permitted uses (but shall be required for special uses and planned development uses) in the following zoning districts:

LR

A

RE-1

RE-2

RE-3

SF

PROS

(Ord. 172, 9-24-1996, eff. 10-31-1996)

      4.   Nonresidential projects greater than ten (10) acres in size and residential projects greater than twenty (20) units are considered major site plan reviews and shall be forwarded to the planning commission for action. If no planning commission exists, the application shall be forwarded to the city council for action.

   C.   Application For Site Plan Review:

      1.   Staff Conference: Before any application is made, the applicant is encouraged to confer with the zoning official to discuss, in general, the procedures and requirements for site plan approval pursuant to these regulations. This is not a part of construction plans. (Ord. 397, 3-11-2008, eff. 4-3-2008)

      2.   Application: A property owner or designated representative of the property owner may initiate site plan review by filing an application with the zoning official and paying the site plan application fee as established by the city council.

      3.   Phases: A site plan may be prepared and submitted for the entire development or for individual development phases.

      4.   Preparation: All site plans must be prepared by a registered architect, engineer, surveyor or planner.

      5.   Information: All site plans shall contain the following information:

         a.   Name and address of record of owner, architect, engineer, surveyor, planner and contractor;

         b.   Date, north arrow and scale;

         c.   A scale of not less than one inch equals twenty feet (1" = 20') if the site is less than three (3) acres and one inch equals one hundred feet (1" = 100') if the site is three (3) acres or more;

         d.   A vicinity map at a scale of not less than one inch equals two thousand feet (1" = 2,000');

         e.   Location (horizontal and vertical) of existing and proposed rights of way, easements and infrastructure (streets, sewers, water lines, etc.);

         f.   Size, use and location of existing and proposed structures and drives on the subject property, and existing structures and drives within one hundred feet (100') of the property;

         g.   A legal description and accompanying map exhibit of the property, showing the location and type of boundary evidenced. The legal description shall include the following data:

            (1)   Metes and bounds or subdivision description of all property lines;

            (2)   Total area of property;

         h.   Existing topography with maximum contour interval of two feet (2'), except where existing ground is on a slope of less than two percent (2%), then either one foot (1') contours or spot elevations shall be provided where necessary;

         i.   Location of floodplain areas, floodways, centerlines of drainage courses, base flood elevations and finished floor elevations of proposed buildings;

         j.   The height, number of floors and proposed square footage of all buildings, both above and below or partially below the finished grade;

         k.   The yard dimensions from the development boundaries and adjacent streets and alleys; (Ord. 172, 9-24-1996, eff. 10-31-1996)

         l.   The traffic and the pedestrian circulation system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways and bicycle paths. A traffic impact analysis may be required pursuant to subsection 9-9-6C of this title; (Ord. 397, 3-11-2008, eff. 4-3-2008)

         m.   Off street parking and loading areas, including dimensions of proposed drives and parking spaces, and structures and landscaping for parking areas;

         n.   Greenbelt and other active recreation space areas, together with proposed private recreational areas, specifying the proposed improvement of all such areas, and delineating those areas proposed for specific types of recreational facilities; (Ord. 172, 9-24-1996, eff. 10-31-1996)

         o.   Architectural elevations of proposed structures and a detailed list of proposed building materials shall be submitted if concurrently processing an architectural review application; (Ord. 397, 3-11-2008, eff. 4-3-2008)

         p.   A master sign plan, detailing all proposed signage for the site;

         q.   A plan or statement showing the location and design of all screening measures and indicating the type, building materials and height of such screening;

         r.   When the development is to be constructed in stages or units, a development schedule showing the order of construction of such stages or units, and approximate completion date for the construction of each stage or unit;

         s.   A copy of all covenants, restrictions and conditions pertaining to the use, maintenance and operation of private open space areas, common areas or common facilities;

         t.   A statement in tabular form (chart) which sets forth the following data, when such data is applicable to a given development plan:

            (1)   Total number of dwelling units, if applicable;

            (2)   Residential density and units per gross acre, if applicable;

            (3)   Total floor area (in square feet) and floor area ratio for each type of use;

            (4)   Total area in open space;

            (5)   Total area in developed recreational open space; and

            (6)   Total number of off street parking spaces, required and provided and total off street loading spaces, required and provided. (Ord. 172, 9-24-1996, eff. 10-31-1996)

         u.   The location and size of landscape areas;

         v.   General drainage information across the site; (Ord. 397, 3-11-2008, eff. 4-3-2008)

         w.   Comments or reports of advisory body reviewing application;

         x.   The existing zoning of the property;

         y.   The existing zoning of adjacent property;

         z.   The existing land use of adjacent property.

      6.   Number; Size: Applicant shall provide four (4) sets of plans, twenty four inches by thirty six inches (24" x 36") and one set of plans, eleven inches by seventeen inches (11" x 17") or eight and one-half inches by eleven inches (81/2" x 11"). (Ord. 172, 9-24-1996, eff. 10-31-1996)

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

   E.   Site Plan Approval:

      1.   Criteria: The city council or planning commission shall approve, conditionally approve or deny the site plan, based upon the following criteria. If no planning commission exists, the zoning official shall approve, conditionally approve or deny the site plan, based upon staff's determination that the following criteria are satisfied: (Ord. 397, 3-11-2008, eff. 4-3-2008)

         a.   The site is capable of accommodating the building(s), parking areas and drives with appropriate open spaces and is in compliance with all requirements of these regulations.

         b.   The site plan provides for safe and easy ingress, egress and internal traffic circulation.

         c.   All development features, including the principal building and any accessory buildings, open spaces, service roads and parking areas are located so as to minimize the possibility of adverse effects on adjacent properties.

         d.   The plan is consistent with accepted land planning and site engineering design principles.

         e.   The plan represents an overall development pattern that is consistent with the general plan, design guidelines and other adopted planning policies. (Ord. 172, 9-24-1996, eff. 10-31-1996)

      2.   Conditions: The city council, planning commission or zoning official may condition site plan approval on the following: (Ord. 397, 3-11-2008, eff. 4-3-2008)

         a.   Phasing of development to assure that the density or intensity of the development is coordinated with the provision of adequate public facilities;

         b.   Dedication of necessary rights of way or easements;

         c.   Provision of setbacks or buffers in addition to those required in the district to separate the use from incompatible adjacent uses;

         d.   Limitations on hours of operation;

         e.   Any other factor deemed relevant to carrying out the intent and purpose of this section. (Ord. 172, 9-24-1996, eff. 10-31-1996)

      3.   Record Of Final Determination: The applicant shall be notified of the final determination of the application pursuant to subsection 9-4-2E of this title. (Ord. 397, 3-11-2008, eff. 4-3-2008)

      4.   Waiver Of Requirements: An applicant may, by formal request to the city council, obtain a waiver from the requirements of this section upon a showing of hardship. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   F.   Site Plan Amendments: The zoning official shall be authorized to review and approve amendments to previously approved site plans, when the amendment is for the expansion of floor space which is less than ten percent (10%) of the gross square footage approved by the site plan and not to exceed five thousand (5,000) square feet of the previously approved site plan; and, provided, the amendment meets all requirements of these regulations. (Ord. 397, 3-11-2008, eff. 4-3-2008)

   G.   Site Plan Expiration:

      1.   Specified: Unless a longer time shall be specifically established as a condition of approval, site plan approval shall lapse and become void one year from the date of site plan approval unless prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion.

      2.   Extension: Site plan approval may be extended only upon the applicant's written request for extension of the plan as approved by the zoning official prior to expiration. Such extension, if granted, shall not exceed a period of one year. The request for extension shall be reviewed in relationship to any change in ordinance or code requirements, development of surrounding land uses and adjacent properties and the expansion or provision of public facilities and utilities.

      3.   Suspension; Revocation: Upon violation of any applicable provision of this section or, if granted subject to conditions, upon failure to comply with conditions, the site plan approval shall be suspended and shall be subject to revocation pursuant to section 9-4-11 of this title upon notification to the owner of the subject property.

      4.   Validity: A site plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   H.   Architectural Review: If architectural review is required pursuant to section 9-5-9 of this chapter, site plan review shall be completed prior to or concurrent with architectural review.

   I.   Appeal Procedure: Denied applications may be appealed to the city council in accordance with subsection 9-4-9B of this title. (Ord. 397, 3-11-2008, eff. 4-3-2008; amd. Ord. 581, 11-28-2020)

 

 

   A.   Purpose: The zoning board of adjustment may authorize a variance from the strict application of these regulations where, owing to special conditions, a literal enforcement of these provisions will, in an individual case, result in unnecessary hardship. The granting of a variance shall not result in a substantial detriment to the public good, substantial impairment of affected natural resources or substantial impairment of the intent, purpose and spirit of these regulations.

   B.   Applicability: A variance may be granted where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of these regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the piece of property, the strict application of these regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the property owner.

   C.   Application:

      1.   Staff Conference: Before an application is made, the applicant is encouraged to confer with the zoning official and the staff review committee to discuss, in general, the procedures and requirements for a variance request pursuant to these regulations.

      2.   Application: A property owner or designated representative shall initiate a variance request by filing an application with the zoning official and paying a variance request fee as established by the city council. Nonprofit organizations and public entities shall be exempt from fee payment.

      3.   Contents: A variance application shall include:

         a.   A site plan, as defined in section 9-5-4 of this chapter. The site plan shall include floor plans and an elevation and shall indicate clearly the nature and location of the requested variance. Specific requirements of site plan preparation may be waived by the zoning official if circumstances so require;

         b.   Evidence that the property was acquired in good faith and that because of the exceptional narrowness, shallowness or shape of the parcel at the time of the effective date of these regulations, or by reason of exceptional topographic conditions or other extraordinary or exceptional circumstances, the strict application of the terms of these regulations actually prohibits the practical use of applicant's property in the manner similar to that of other property owners in the zoning district where the property is located;

         c.   Evidence of the ability and intention of the applicant to proceed with actual construction in accordance with the submitted site plan after issuance of the variance. (Ord. 172, 9-24-1996, eff. 10-31-1996)

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

   E.   Variance Review And Recommendation:

      1.   Required: Upon a determination of completeness, the zoning official shall forward copies of the variance application to the staff review committee, who shall review the variance request and make a recommendation to the zoning board of adjustment.

      2.   Criteria: The staff review committee shall consider the following criteria when making its recommendation to the zoning board of adjustment:

         a.   The variance requested arises from a condition or conditions which are unique to the property in question and which are not ordinarily found in the same zone or district; that the condition was not created by an action or actions of the property owner or applicant; and that the condition existed prior to enactment of these regulations;

         b.   The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

         c.   The strict application of the provisions of these regulations would constitute unnecessary hardship upon the property owner;

         d.   The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare;

         e.   The granting of the variance will not conflict with the general spirit and intent of these regulations.

      3.   Availability Of Recommendation: The staff review committee's recommendation shall be available to the applicant and the public at least two (2) business days prior to the hearing. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   F.   Variance Approval:

      1.   Public Hearing: The zoning board of adjustment, upon receipt of the recommendation of the staff review committee and within sixty five (65) days of filing of the complete application, shall hold a public hearing on the variance request pursuant to section 9-4-7 of this title. (Ord. 382, 8-28-2007, eff. 9-20-2007)

      2.   Notice: Personal notice of the hearing shall be mailed pursuant to subsection 9-4-2B of this title to:

         a.   The applicant;

         b.   Each owner of real property located within five hundred feet (500') of the subject property;

         c.   If a mobile home park is located within three hundred feet (300') of the subject property, each tenant of the mobile home park (whose names are supplied to the zoning board of adjustment by the applicant); and

         d.   Any advisory board that has been established for the affected area by the city council.

      3.   Decision; Criteria: The zoning board of adjustment shall approve, conditionally approve or deny the application for a variance at the public hearing. If the zoning board of adjustment approves a variance application, or approves a variance application with conditions, the zoning board of adjustment shall make a determination as to each of the criteria listed in subsection E2 of this section and the findings shall be entered in the record.

      4.   Conditional Approval: If the zoning board of adjustment conditionally approves a variance application, the zoning board of adjustment may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. The zoning board of adjustment, in approving a variance, shall impose (at a minimum) the following conditions:

         a.   Commencement of construction within one year and completion within two (2) years;

         b.   Conformance to plans approved as a part of the variance permit.

      5.   Variance Permit Issuance:

         a.   The zoning board of adjustment, in their resolution of approval, shall authorize the zoning official to issue a variance permit.

         b.   Upon approval by the zoning board of adjustment, the zoning official shall forward a letter of approval to the applicant and file a copy of the same with the city clerk.

   G.   Revocation Of Variance: Any variance granted under the authority of these regulations shall be subject to revocation pursuant to section 9-4-11 of this title for any or all of the following reasons:

      1.   If a variance authorized and granted under the provisions of this section is not actually established or the actual construction commenced on the principal buildings or structures involved within one year from the date of the variance approval, the approval shall be revoked;

      2.   Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be commenced, a new permit shall be first obtained to do so;

      3.   If any use of land, building, structure or premises established under the provisions of this section has been discontinued for a period of one year, it is unlawful to again use such land, building or premises for such discontinued use until a subsequent variance permit is authorized and granted;

      4.   If a variance is conditionally approved, and any of the required conditions are not being fulfilled, the variance approval will be revoked. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   H.   Appeal Procedure:

      1.   Time Limit: An appeal of a zoning board of adjustment decision may be made to the city council and shall be filed within fifteen (15) days of the zoning board of adjustment's denial of the request. (Ord. 382, 8-28-2007, eff. 9-20-2007)

      2.   Review Considerations: In reviewing the zoning board of adjustment's decision, the city council must be guided by the statement of purpose underlying the regulation of land improvement contained in Nevada Revised Statutes section 278.020, which is as follows:

         a.   For the purpose of promoting health, safety, morals or the general welfare of the community, governing bodies of cities and counties are authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures;

         b.   Any such regulation, restriction and control shall take into account the potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment. (Ord. 172, 9-24-1996, eff. 10-31-1996)

 

 

   A.   Purpose: Where deemed to be in the public interest, and where no private rights will be injured or endangered and the public will suffer no loss or inconvenience thereby, all or a portion of any dedicated public street, right of way, or of any easement may be vacated.

   B.   Applicability: This section applies to the vacation and abandonment of all dedicated public rights of way and easements.

   C.   Application For Vacation And Abandonment:

      1.   Staff Conference: Before any application is made pursuant to these regulations, the applicant is encouraged to confer with the zoning official and the staff review committee to discuss, in general, the procedures and requirements for a vacation and abandonment request pursuant to these regulations.

      2.   Application: A property owner or designated representative of a property owner shall initiate a vacation request by filing an application with the zoning official and paying a vacation request fee as established by the city council.

      3.   Contents: A vacation application shall include:

         a.   A legal description of the property to be vacated;

         b.   Evidence of the property owner's interest in the property adjoining the right of way or easement to be vacated;

         c.   A street vacation plan, which shall include a map indicating the area to be vacated and abandoned, as well as all buildings, structures, drives and uses within one hundred feet (100') of the proposed area to be vacated. (Ord. 172, 9-24-1996, eff. 10-31-1996)

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

   E.   Vacation And Abandonment Review And Recommendation:

      1.   Planning Commission; Staff Review Committee: Upon a determination of completeness, the zoning official shall forward copies of the vacation application to the appropriate recommending body. If a planning commission exists, the planning commission shall review the vacation request and make a recommendation to the city council. If no planning commission exists, the staff review committee shall review the vacation request and make a recommendation to the city council.

      2.   Considerations: The planning commission or the staff review committee, as appropriate, shall determine whether the public will be materially injured by the proposed vacation when making its recommendation to the city council. If the public will not be materially injured, the planning commission or staff review committee shall recommend approval.

   F.   Vacation Approval:

      1.   Public Hearing: The city council, upon receipt of the recommendation of the planning commission or the staff review committee, as appropriate, shall hold a public hearing on a vacation request, pursuant to section 9-4-7 of this title. Notice of the public hearing shall be given in accordance with the following requirements:

         a.   Notification shall be by certified mail pursuant to subsection 9-4-2B of this title to each owner of property abutting the street, right of way or easement proposed to be vacated;

         b.   Notice of the proposed vacation or abandonment shall be published pursuant to subsection 9-4-2A of this title not less than ten (10) days nor more than forty (40) days before the date of the hearing;

         c.   The notice shall clearly describe the extent of the proposed vacation or abandonment and the date, time and place of the public hearing.

      2.   Decision: The city council shall approve, conditionally approve or deny the vacation application at the public hearing.

         a.   Public Safety: In approving or conditionally approving a vacation application, the city council shall be satisfied that the public will not be materially injured by the proposed vacation. If the application meets this criteria, the city council shall approve the vacation.

         b.   Denial: If the city council denies a vacation application, it shall record the reasons for denial in the record.

         c.   Conditional Approval: In conditionally approving a vacation application, the city council may impose such conditions, safeguards and restrictions as may be necessary to carry out the general purpose and intent of these regulations. Conditional approval will become effective only upon fulfillment of the conditions prescribed.

         d.   Utility Easement: If a utility has an easement on the subject property, the city council shall provide in its order for the continuation of that easement. In vacating or abandoning a street, right of way, easement or any portion of it, the city council may reserve and except from the vacation any easements, rights or interests therein which the city council deems desirable for the use of the city or any public utility.

         e.   Partial Vacation:

            (1)   In the event of partial vacation of a street, easement or right of way, where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the city council may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city.

            (2)   If the city council sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his/her property, but the owner shall not be required to purchase the vacated portion.

            (3)   No portion of a vacated street may be sold to any person other than the abutting owner if the sale would result in complete loss of street access.

         f.   Payment:

            (1)   If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required from the abutting property owners for title to the street to revert to each abutting property owner upon vacation or abandonment.

            (2)   If the street was not acquired by dedication, the city council may make its order conditional upon reasonable payment by the abutting property owners for their proportionate part of the street. If the city council determines that the vacation has a public benefit, it may apply the benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.

      3.   Vacation Permit Issuance:

         a.   The city council, in its resolution of approval, shall authorize the zoning official to issue a vacation permit.

         b.   The vacation permit shall set out regulations, restrictions and limitations so that reasonable control may be exercised over the vacation or abandonment.

         c.   Upon approval by the city council, the zoning official shall forward a letter of approval to the applicant and shall instruct the city clerk to record the vacation or abandonment.

   G.   Appeal Procedure: If the city council denies an application for a vacation or abandonment, an appeal of the city council decision may be taken to the district court. (Ord. 172, 9-24-1996, eff. 10-31-1996)

 

 

   A.   Purpose: The purpose of this section is to provide for the administration and enforcement of the technical codes adopted by the city.

   B.   Applicability: This section applies to all properties located within the city's land use regulation jurisdiction, except as specifically exempted herein. The zoning official, or director of public works on matters related to streets, may waive permit requirements for minor repairs and maintenance to private property. Unless specifically exempted, it shall be unlawful for any person to cause or allow the following:

      1.   Building: Erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure without first obtaining a valid building permit;

      2.   Plumbing: Install any plumbing or gas fitting pipes, fixtures or equipment within or on any building, structure or premises, or make any alteration, change or repair or otherwise perform the plumbing or gas fitting work without first obtaining a valid building permit;

      3.   Electrical: Install any electrical wiring, fixtures or equipment within or on any building, structure or premises, or otherwise make any alteration, addition, change or repair to electrical wiring, fixtures or equipment without first obtaining a valid building permit;

      4.   Heating Or Cooling Systems: Install any heating, ventilating, cooling, refrigeration equipment or duct work, or make any alteration, addition, change or repair to heating, ventilating, cooling, refrigeration equipment or duct work without first obtaining a valid building permit;

      5.   Driveway: Locate, construct, alter, place, replace, pave or surface a driveway approach without first obtaining a valid building permit;

      6.   Grading: Grade, excavate or undertake any activity precedent to development of open, vacant or unimproved land or previously improved land for any use other than agricultural use without first obtaining a valid grading permit;

      7.   Occupancy: Occupy or use any new or existing building or change the character or use of land or a building without first obtaining a valid occupancy permit;

      8.   Wastewater Systems: Install or repair any on site wastewater systems or part thereof without first obtaining a valid building permit;

      9.   Street Alteration: Construct or structurally alter any street, road, sidewalk, curb, gutter, public utility or public facility or cut, grade, clear or fill any property without first obtaining a valid construction permit.

   C.   Application And Processing: The applicant may initiate the administrative permitting process by completing and filing the appropriate permit application form with the zoning official. The application form shall be accompanied by all necessary information as listed on such form.

   D.   Permit Issuance:

      1.   Review: The application, plans, specifications and other data filed by the applicant for a permit shall be reviewed by the zoning official. The plans shall be distributed to and reviewed by other city departments and other applicable agencies to certify compliance with applicable ordinance requirements enforced by other departments. If the zoning official determines that the work described in an application and the required plans, specifications and other data comply with these regulations and other applicable rules, laws and ordinances, and that all fees have been paid, the zoning official shall issue the permit to the applicant.

      2.   Endorsement: When the zoning official issues a permit where plans are required, the approved plans and specifications shall be endorsed or stamped "approved". The approved plans and specifications shall not be changed, modified or altered without authorization from the zoning official. All work shall be done in accordance with the approved plans.

      3.   Bond: All permitted work being accomplished on city right of way or easements shall be covered by a performance bond in the amount set by the director of public works and shall be covered by insurance in the categories and amounts set by the director of public works.

      4.   Variance Or Special Use Permit: In all cases where the city council has allowed a variance or a special use permit as authorized by these regulations, the building official may approve a building permit sufficient to allow such building or work to be done in accordance with the decision of the city council; provided, that no permit shall be issued pursuant to any decision until time for rehearing or for appeal or application for rehearing shall has run.

      5.   Business License Required: Permits may only be issued to properly licensed contractors holding valid city business licenses.

   E.   Review: The zoning official shall provide expedient review and then approve or disapprove the following types of permits:

 

 

   F.   Evidence Of Compliance: No permit shall be issued unless the zoning official or public works director has determined that the proposed activity will be in conformance with these regulations. The zoning official or public works director may refer any application for an administrative permit to the staff review committee for its determination of conformance. In case of such a referral, the zoning official shall give the applicant at least five (5) days' actual notice of the staff review committee's meeting regarding the permit application. Evidence of compliance must be provided to the zoning official by the applicant.

   G.   Validity Of Permit: The issuance of a permit and the approval of plans and specifications is not a permit for, or an approval of, any activity which would constitute a violation of any provision of these regulations or of any other city ordinance. Issuance of a permit based on plans, specifications and other data shall not prevent the city from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building or other activities from being carried out thereunder when the activity is found to be in violation of these regulations or other applicable city ordinances. No permit presuming to give authority to violate or cancel any requirement or provisions of these regulations is valid.

   H.   Completion Of Building: Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore been issued and upon which actual construction has begun. Actual construction shall be deemed to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated such excavating shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work shall be diligently carried on until the completion of the building or structure.

   I.   Expiration And Extension Of Permit:

      1.   Work Commenced: An administrative permit shall be deemed to have expired if work authorized by the permit is not commenced within one hundred eighty (180) days of issuance of the permit, or thirty (30) days for projects impacting a public right of way. Extensions of up to one hundred eighty (180) days may be granted by the zoning official for good cause. The extensions must be requested by the applicant before the permit expires.

      2.   Suspended Or Abandoned Work: An administrative permit expires if work authorized by the permit, once begun, is suspended or abandoned for more than one hundred eighty (180) days. A single extension of up to one hundred eighty (180) days may be granted by the zoning official for good cause. The extension must be requested by the applicant before the permit expires.

      3.   Expiration: After an administrative permit has expired, no work shall be recommenced until a new permit has been issued by the zoning official or public works director.

   J.   Revocation: An administrative permit may be revoked by the zoning official or other responsible city official at any time prior to the completion of the use, building or structure for which the same was issued, when it appears to such official that one or more of the following conditions is present:

      1.   Plan Departure: There is a departure from the plans, specifications or conditions as required under the terms of the permit;

      2.   False Representation: That the permit was procured by false representation;

      3.   Mistake: That the permit was issued by mistake; or

      4.   Violations: That any of the provisions of this title or other municipal code provisions or ordinances are being violated.

Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which such permit was issued, or shall be posted in a prominent location on the property. Where notice of revocation has been served or posted, no further construction or use of the property shall proceed. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 338, 3-28-2006)

 

 

   A.   Purpose And Requirement: Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within any district established by the provisions of these regulations, or as shown upon any sectional district map of the city duly adopted and made part of these regulations, the owner or the owner's agent must obtain a building permit from the building official for each separate building and/or structure. It is unlawful to commence work until and unless the building permit has been obtained.

      1.   Building Code: The provision of the building code relating to the application for, the form of, and the issuance of building permits pursuant to the building code shall apply to and conform with all of the provisions of these regulations.

      2.   Excavation: No excavation shall be commenced, no wall, structure, premises or land shall be used, no building or part thereof shall be erected, constructed or altered, nor shall any building be moved in or upon any property, nor shall any outdoor advertising sign or structure be erected, nor shall major repairs be made, until an application has been made and the proper permit has been obtained pursuant to plans approved by the building official in accordance with the provisions of these regulations and the building code.

   B.   Application:

      1.   Conference: Before any application is made for a building permit, the applicant is encouraged to confer with the building official to discuss, in general, the procedures and requirements for a building permit request pursuant to these regulations.

      2.   Application: A property owner or designated representative of the property owner shall initiate a building permit request by filing an application with the building official and paying the application fee.

      3.   Contents: A building permit application shall include:

         a.   A site plan pursuant to section 9-5-4 of this chapter;

         b.   If the property is not served by public water or sewer, the site plan must indicate the exact location of the proposed or existing well and the exact location of the proposed or existing septic tank(s) system. These locations must be approved by the Clark County health department prior to the issuance of a building permit;

         c.   Sufficient copies of the site plan shall be provided to allow a set to be filed as a permanent record with the health department.

   C.   Determination Of Completeness: Within ten (10) business days of submission, the building official shall review the building permit application and determine if it is complete pursuant to subsection 9-4-1B of this title.

   D.   Issuance: Before any building or structure is erected, constructed, altered or moved on any property within the city, the building permit application together with plans, drawings, sketches or description of same shall be submitted to the city council or its designated agent for approval or disapproval. The city council shall designate the building official as its agent to receive, inspect, consider and approve or disapprove the plans on behalf of the city council.

   E.   Variance Or Special Use Permit: In all cases where the city council has granted a variance or a special use permit as authorized by these regulations, the building official may approve a building permit sufficient to allow such building or work to be done in accordance with the decision of the city council; provided, that no permit shall be issued until the time for rehearing or for appeal or reapplication for rehearing has run.

   F.   Conflict With Regulations: The issuance of a building permit pursuant to the authority of this section shall not be deemed or construed to permit or authorize any violation of any of the provisions of these regulations or amendments thereto, or any other municipal code, ordinance or law. Any permit issued in conflict with these regulations shall be null and void.

   G.   Completion Of Building: Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore been issued and upon which actual construction has begun. Actual construction shall be deemed to be the actual placing of construction materials in their permanent position fasted in a permanent manner, except that where a basement is being excavated such excavating shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the building or structure involved. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 338, 3-28-2006)

 

 

(Ord. 397, 3-11-2008, eff. 4-3-2008)

   A.   Procedure: Architectural supervision shall be required under the following circumstances:

      1.   Visibility From Public Right Of Way: When an application is made for a building permit for any building, structure or other improvement which will be visible from any dedicated public right of way and which will be erected, constructed, altered or moved within any nonresidential district as established by these regulations; unless, the building, structure or improvement substantially conforms to plans previously submitted and approved for the site under the terms of a zone change, variance or special use permit; or

      2.   Adjacent To State Highway; City Collector: When an application is made for a building permit for any building, structure or other improvement which will be erected, constructed, altered or moved within any district established by these regulations and such building, structure or improvement is adjacent to any state highway, arterial, major or minor collector of the city as adopted by the city council; unless the building, structure or improvement substantially conforms to plans previously submitted and approved for the site under the terms of a zone change, variance or special use permit; or (Ord. 172, 9-24-1996, eff. 10-31-1996)

      3.   Necessity: When the city council or the zoning official determines that architectural supervision is necessary in a particular instance in order to promote the purposes of these regulations in accordance with section 9-1-3 of this title.

      4.   ARC Review: All building, remodeling or rehabilitation projects proposed within the downtown central business district and the Mesquite Technology and Commerce Center (MTCC) shall be reviewed by the architectural review committee (ARC), prior to action by the zoning official, planning commission or city council. (Ord. 397, 3-11-2008, eff. 4-3-2008)

   B.   Substantial Conformance: In determining whether or not a final construction plan "substantially conforms" to previously approved plans, the following guidelines shall apply:

      1.   Building Area: No plan shall be held to substantially conform if there is an increase of more than ten percent (10%) or one hundred (100) square feet, whichever is greater, in total building area between the originally approved plans and the final construction plan;

      2.   Height: No plan shall be held to substantially conform if there is an increase in height of any building or structure of more than ten percent (10%) or four feet (4'), whichever is greater, between the originally approved plans and final construction plans;

      3.   Building Use: No plan shall be held to substantially conform if final construction plans indicate an intention to utilize a building or structure for a principal use different than the uses shown on the originally approved plans;

      4.   Setback Deviation: No plan shall be held to substantially conform if final construction plans show any deviation whatsoever from ordinance requirements as to setbacks or building separations, unless such deviation has been previously approved pursuant to the issuance of a variance permit. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   C.   Grading Or Filling: Architectural supervision need not be required when the requested permit is for grading or filling only; provided, that the written consent of the Clark County district health department and the department of public works is obtained approving such work.

   D.   Application For Architectural Review:

      1.   Conference: Before any application is made, the applicant is encouraged to confer with the zoning official to discuss, in general, the procedures and requirements for architectural review pursuant to these regulations.

      2.   Application: A property owner or designated representative shall initiate architectural review by filing an application with the zoning official and paying the application fee. The architectural review application may be processed concurrently with a site plan review application.

      3.   Contents: An architectural review application shall include:

         a.   Site Plan: An approved site plan pursuant to section 9-5-4 of this chapter. Site plan, drawn to scale, shall include building dimensions of existing and proposed structures; setback dimensions; yards and open space dimensions; locations of signs; location of landscaping; and such other information as may be necessary;

         b.   Written Statement: If applicable, a written statement describing the project's conformance with the downtown central business district or MTCC design standards;

         c.   Floor Plan: Floor plan, drawn to scale to indicate the size of buildings and total square footage of buildings;

         d.   Elevation: Architectural elevations of proposed structures and a detailed list of proposed building materials. Also a rendered elevation to indicate the architectural appearance of proposed buildings;

         e.   Other: Other information as designated on the application form. (Ord. 397, 3-11-2008, eff. 4-3-2008)

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

   F.   Approval:

      1.   Consideration: All development applications shall be submitted to the zoning official for a determination of completeness pursuant to subsection 9-4-1B of this title.

      2.   Decision: The zoning official shall approve, conditionally approve or deny the application.

      3.   Considerations: In considering whether to approve the application, the zoning official shall restrict the scope of its review to such regulations as the city has formally adopted and to the following considerations: Buildings, structures and other improvements shall be designed and constructed so that they will not become unsightly, undesirable or obnoxious in appearance: (Ord. 397, 3-11-2008, eff. 4-3-2008)

         a.   To the extent that they will hinder the orderly and harmonious development of the city;

         b.   Impair the desirability of living conditions in the same area or adjacent agricultural or residential areas; or

         c.   Otherwise adversely affect the general prosperity or welfare.

      4.   Issuance: Upon permit approval, the building official shall issue such permit, provided all other provisions of the law have been complied with. Every drawing, plan or sketch filed under the provisions of this section shall become a part of the permanent records of the building official. In the event construction has not commenced within one year, the plans shall be considered void and a new application must be submitted. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   G.   Appeal: Denied applications may be appealed to the city council in accordance with subsection 9-4-9B of this title. (Ord. 397, 3-11-2008, eff. 4-3-2008)

 

 

   A.   Purpose And Requirement: No vacant land in any district established under the provision of these regulations shall hereafter be occupied or used, except for agricultural uses other than livestock farming, poultry or small animal raising or dairying, and no building hereafter erected, structurally altered or moved in such district shall be occupied or used until a certificate of use or occupancy has been issued therefor.

   B.   Applicability: Certificates of use or occupancy shall be required for any of the following:

      1.   Occupancy And Use: Occupancy and use of a building or structure hereafter erected, constructed, reconstructed, converted, altered, structurally altered or moved;

      2.   Changes: Change in an existing building to a use of a different classification;

      3.   Vacant Land: Occupancy and use of vacant land;

      4.   Nonconforming Use Change: Change in the use of a nonconforming use.

   C.   Application: A certificate of use or occupancy for a building or structure shall be issued by the building official. A certificate of use or occupancy for vacant land shall be issued by the zoning official pursuant to this section. Either request may be initiated by the filing of an application and the appropriate fee with the zoning official.

   D.   Approval: An application for a certificate of use and occupancy shall be reviewed by the following prior to issuance:

      1.   City sanitation department;

      2.   City fire department;

      3.   City public works department; (Ord. 172, 9-24-1996, eff. 10-31-1996)

      4.   Where appropriate, southern Nevada health district. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 345, 6-27-2006, eff. 7-20-2006)

 

 

   A.   Purpose: For the purpose of maintaining a uniform street name and number system, the names of existing streets and/or the numbers of existing lots or structures may be changed.

   B.   Applicability: This section applies to the renaming of existing streets or the renumbering of existing lots or structures.

   C.   System Authorized: The city council, either on its own motion or upon a petition presented to it, shall adopt a system of street naming or numbering and house numbering, with guidelines for proposed changes. The street naming system shall be as nearly uniform as is possible and any street shall have but one name. The street and house numbering system shall be as nearly uniform as possible and any one street shall have but one numbering system.

   D.   Application For Street Name Or Numbering Change:

      1.   Staff Conference: Before any application is made, the applicant is encouraged to confer with the zoning official and staff review committee to discuss, in general, the procedures and requirements for a street name or numbering change pursuant to these regulations.

      2.   Application: A property owner or designated representative of a property owner may initiate a street name or numbering change by filing an application with the zoning official on the form provided and paying the application fee.

      3.   Contents: A street name or numbering change application shall include:

         a.   A "site plan", as defined in section 9-5-4 of this chapter. Some requirements of site plan preparation may be waived by the zoning official if circumstances render such items unnecessary;

         b.   A legal description of the street(s) to be renamed or the lot(s) or structure(s) renumbered;

         c.   The existing name and proposed name and/or the existing numbers and proposed numbers. Proposed names shall neither duplicate nor too closely resemble the name of any existing street. A list of three (3) potential names ranked in order of preference is recommended;

         d.   A list of the property owners within three hundred feet (300') of the site, or at least thirty (30) parcels nearest to the portion of the boundary being changed;

         e.   Other information as designated on the application form. (Ord. 172, 9-24-1996, eff. 10-31-1996)

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

   F.   Street Name Or Number Change Review And Recommendation: The zoning official shall review the request and make a recommendation to the city council.

   G.   Street Name Or Numbering Change Approval:

      1.   City Council Hearing On System: Before adopting any system of street naming or numbering, or any recommendations concerning proposed changes or amendments thereof, the city council shall hold at least one public hearing. Notice of the public hearing shall be published pursuant to subsection 9-4-2A of this title.

      2.   Decision: The city council shall approve, conditionally approve or deny the street name or number change application at the public hearing.

   H.   Determining Application Of System: Upon the enactment of a system of street naming or numbering or house numbering, the city council and its agents and employees shall determine the application thereof to all streets, avenues, thoroughfares or other trafficways or to the numbering of any premises thereon and shall communicate the same to the owner of each parcel on such streets, avenues, thoroughfares or other trafficways.

   I.   Owners To Comply With Notice: The owner of each parcel on such streets, avenues, thoroughfares or other trafficways shall, within ten (10) days after the receipt of the notice of a change in the name or numbering of any street, avenue, thoroughfare or other trafficway, make any necessary provision for the new name or numbering of the street, avenue, thoroughfare or other trafficway. (Ord. 172, 9-24-1996, eff. 10-31-1996)