The board of county commissioners (the board) has the power to make planning and zoning decisions for Storey County and has created the planning commission to advise the board as provided in Title 2 of this Code and NRS Chapters 278 and 278A.

A.

The planning commission must perform all duties and functions delegated to a county planning commission by the terms of NRS 278.010 to 278.630, inclusive, and Chapter 2.12 (Planning Commission).

B.

The planning commission is advisory to the board. The planning commission must hear applications on special use permits, variances, and appeals of administrative decisions, changes to the county master plan, zoning districts, amendments to Title 17, and all other appropriate subjects and make recommendations to the board.

C.

After considering the planning commission's recommendation the board by majority vote may approve, approve with conditions, or deny the application, or return the recommendation to the planning commission for further consideration.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

The director of planning will administer this title. For the purposes of this title, the term "director" means the director of the planning department or the director's designee. The director will determine when any application under his jurisdiction is complete.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

The provisions and standards contained in this title are the minimum standards for the allowed or permitted uses, and must not be construed as limiting the legislative discretion of the board to further restrict the allowed or permissive uses or to withhold or revoke permits for uses when the protection of the public health, morals, safety, welfare and protection of surrounding land uses is necessary. Title 17 requirements apply to all properties within the county.

A.

Conflict of regulation. When this title imposes a greater restriction upon the use of land, or upon height, bulk, location or use of buildings and structures than is required by existing provisions of law or by private covenant or other restriction, the provisions of this title will prevail. Private covenants or deed restrictions that impose more restrictive conditions than those contained in this title are not superseded by this title or enforced by the county.

B.

Rules of interpretation. In interpreting the language of this title, the rules set out in this chapter will be observed unless the interpretation is inconsistent with the expressed language of this title.

C.

Text controls. In case of any conflict between the text of this title and any figure or appendix, the text will apply.

D.

Computation of time. The time in which an act is to be performed will be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or legal federal or state holiday, the period runs until the next day which is not a Saturday, Sunday, or legal federal or state holiday. The following time-related words will have the meanings ascribed below:

1.

"Day" means a calendar day unless otherwise stated.

2.

"Week" means seven calendar days.

3.

"Business week" means five days starting Monday and ending Friday.

4.

"Business day" means one or more days beginning on Monday and ending on Friday.

5.

"Month" means one calendar month.

6.

"Year" means a calendar year, unless a fiscal year is indicated.

E.

Other clarifications.

1.

Tense. Unless clearly indicated to the contrary, words used in the present tense include the future, words used in the plural include the singular, words used in the singular include the plural and words of one gender include the other.

2.

Use of certain words. The words "shall," "must," and "will" are always mandatory. The term "may" is discretionary to the subject which it refers. Words and phrases are to be construed according to the common and approved usage in the language, except for technical words and phrases that may have acquired a peculiar and appropriate meaning.

3.

Conjunctions. Unless the context clearly indicates the contrary, conjunctions are to be interpreted as follows:

a.

"And" indicates that all connected items or provisions apply; and

b.

"Or" indicates that the connected items or provisions may apply singularly or in any combination.

4.

Delegation of authority. Whenever reference is made to the head of a department or to some other county officer or employee, the reference will be construed as authorizing the head of the department or other officer to designate, delegate to and authorize subordinates to perform the required act or duty, unless expressly provided otherwise.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

It is unlawful for any person, firm or corporation, whether as a principal, agent, employee, or otherwise, to construct, build, convert, alter, erect, maintain a building, structure or any use of property, equipment, or operation in violation of a provision of this title. Any violation of this title is a public nuisance and a misdemeanor offense punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period of not more than six months, or by both fine or imprisonment. The following procedures apply to enforce the provisions of this title:

A.

If a violation of this title occurs, the director may deliver to the party in violation an order to comply with the provision of this title in a time period up to thirty days from the issuance of the order to comply at the director's discretion.

B.

The director may also refer notice of the violation to the district attorney who may commence an action to abate, remove and enjoin the violation as a public nuisance or a criminal action in the manner provided by law. A party is guilty of a separate offense for each and every day the violation of this title, or the failure to comply with any order, is committed or otherwise maintained.

C.

The conviction and punishment of any person under this section will not relieve the person from the responsibilities of correcting the nuisance.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 13-249, § I, 10-1-2013; Ord. No. 15-267, § VI, 3-15-2016; Ord. No. 20-304, § I, 5-5-2020)

A.

Upon receipt of a complaint alleging a public nuisance violation of this chapter, the director must determine the validity of the complaint. If the director determines the complaint to be valid, the director must personally deliver to the property owner, or send to the property owner by certified mail, return receipt requested, notice of the violation and notice to abate. The notice of violation and notice to abate must inform the owner of the following:

1.

Nature of the violation.

2.

The date the owner must abate the condition. If the public nuisance is not an immediate danger to public health, safety, or welfare or was caused by the criminal activity of another person, the owner has a minimum of thirty days to abate the public nuisance.

3.

That the owner has a right to request a hearing before the director.

4.

That should the owner not prevail at the hearing, the owner may appeal to the commission upon filing a notice of appeal with the commission and payment of a filing fee.

B.

A property owner who desires a hearing to challenge the violations set forth in the notice of violation must notify the director in writing prior to the date indicated on the notice to abate. The property owner will be afforded an opportunity to appear before the director and, if not satisfied with the results of the hearing, may request an appeal of the decision by filing a notice of administrative appeal with the office of the board along with the filing fee. The notice of appeal must be placed on the next available board's agenda. The board's decision is final.

C.

Should the property owner fail to comply with the terms of the notice to abate, fail to request a hearing within the time specified, fail to prevail at any requested hearing, or fail to file an appeal in the time specified, the county may abate the nuisance on the property and may recover the amount expended by the county for labor and materials used to abate the public nuisance. The expense and any civil penalties are a special assessment against the property where the nuisance is located and this special assessment may be collected as allowed by law.

D.

The board may by resolution set civil penalties to be imposed for a public nuisance violation.

(Ord. No. 20-304, § I, 5-5-2020)

A.

Application deadline. An application for a variance, a special use permit, a zoning map amendment, a master plan amendment, zoning code amendment, road abandonment request, an amendment to this title, or an appeal of an administrative decision must be filed with the director no later than 5:00 p.m. on the Friday of the third week before the planning commission meeting at which the application will be heard. The director may under certain exigent circumstances make a determination to accept an application after the deadline but before that planning commission meeting.

B.

Determination of a complete application. Within three working days after receiving an application, the director will determine whether the application is complete. If the director determines that the application is not complete, the director must contact the applicant during that time period verbally or in writing and state the application's deficiencies and describe the additional information required. The director may take no further action on the application unless the deficiencies are remedied. An application may only be scheduled for hearing if the director deems the application complete before the agenda deadline date of the planning commission or board without the written concurrence of the applicant, the application is deemed complete. A determination of completeness will not constitute a determination of compliance with other requirements of this title or federal and state regulations.

C.

Fee submittal. The required application fee must be tendered to the planning department with the submitted application.

D.

Processing of an application. The director will review the application and prepare a report for the planning commission and board recommending approval, approval with conditions, denial, or continuance for re-design. The director will schedule the application for public hearing within the time and in the manner required by this title and state statute. An application for a planned unit development must be preceded by a pre-submittal conference pursuant to Section 17.03.230.A.

E.

Official filing date. The time for processing and acting on planning commission and board applications as established by NRS or this title will commence on the date that the application is deemed complete. Material modifications of any application by the applicant following the filing of the application will re-establish the time for processing and acting on the application upon the director's determination that the modified application is complete.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-276, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

A second or subsequent application substantially similar to an application for a variance, special use permit, zoning map amendment, zoning code amendment, road abandonment request, or master plan amendment may not be submitted for review within one year of the first application's denial by the board with respect to that parcel or any portion of that parcel under the same ownership or if ownership changes unless the director determines that the subsequent application is substantially different such that the facts supporting the previous denial from the commission or board no longer exists.

Where the holder of an application for a development approval wishes to file a subsequent application for a project that is substantially different from the first project, the new development application will supersede the previous development application, and the applicant must state on the application that, upon approval of the subsequent application, the first development approval is withdrawn.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Published notice. Unless otherwise provided by this title or NRS Chapter 278, any application for a zoning map or text amendment, a tentative map, a planned unit development, a road abandonment, a master plan amendment (land use amendment or element text amendment), upon which a public hearing is required, notice of the time and place of the hearing must be published in an official newspaper of general circulation in the county at least ten days before the date for the hearing.

B.

Personal notice. Whenever personal notice of a public hearing is required by this title or NRS Chapter 278, in addition to the published notice, the director will mail notice of the hearing not less than ten days before the public hearing date to:

1.

The applicant;

2.

All real property owners listed on the county assessor's records within three hundred feet of the exterior boundaries of the subject property, and to all owners of land within an area proposed for re-zoning; and

3.

Each tenant of a mobile home park if that park is located within three hundred feet of the property in question, written notice of the time, place and date of such hearing and the general location of the property of the addressee with reference to the property proposed for change.

4.

Notice of zone map amendment/zoning boundary change only: In addition to the notice required in items 1., 2. and 3., above, notice must also be sent to the owners as listed on the county assessor's records, of each of the thirty separately owned parcels nearest the subject site to the extent this does not duplicate the notice sent pursuant to subsection B.2. above and to any advisory board which has been established for the affected area by the governing body.

5.

Electronic notice. If requested by a party to whom notice must be provided pursuant to paragraphs B.1. to 4., inclusive, by electronic means if receipt of such an electronic notice can be verified, and must be written in language which is easy to understand.

C.

Notice for zoning map and text amendments. In addition to published and personal notice required above, the notice for a zoning map or text amendment must set forth the time, place and purpose of the hearing and a physical description of or a map detailing the proposed change. It must indicate the existing zoning designation and the proposed zoning designation of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the board to indicate his or her approval of or opposition to the proposed amendment.

D.

Notice for design review, excluding minor design review. The planning department must send, by first class mail, notice of the filing of an application to all contiguous property owners. Contiguous for the purpose of this section includes those properties that touch the parcel which is subject to the land use request including those which would touch the property when projected across a public or private easement or right-of-way. The notice must contain a brief description of the request, the location of plans for review and a deadline for comment.

E.

When notice of a hearing is sent, the board or other entity must retain:

1.

A copy of the notice;

2.

A list of the persons or governmental entities to which the notice was addressed; and

3.

A record of the date on which the notice was deposited in the United States mail postage prepaid, or sent by electronic means.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-276, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

A.

The board and the planning commission, when holding a hearing on an application for a variance, special use permit, tentative map, zoning map amendment, road abandonment request, master plan amendment, zoning code amendment, or master plan element, must review and judge the merits of an application and find that the regulations and standards in this title and state law are met.

B.

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

C.

The hearing body may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person appearing as a witness may ask relevant questions of other persons appearing as witnesses, but may do so only through the chairman of the body conducting the hearing and at the chairman's discretion.

D.

Continuances. The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time, and place. The applicant must agree to the continuance when the time limit of the application provided by law would otherwise lapse. An applicant has the right to one continuance upon payment of the established fee, and if required, the cost of additional notice. A continuance requested by the applicant suspends the time lines established in NRS Chapter 278 and this title. All subsequent continuances may be granted at the discretion of the body conducting the hearing only on good cause shown, and on payment of applicable fees. If the request for continuance is denied, the hearing will be conducted as scheduled on the posted agenda and the fee for the continuance will be refunded to the applicant. If the hearing is continued to a fixed date within thirty-five days of the original hearing date, additional notice is not required. For all other continuances, additional notice is required in the manner required for the initial hearing. The county will prepare the notice and the party requesting the continuance must pay the costs.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

At the conclusion of the hearing, the planning commission must take action on the application and announce and record its action in the form of a motion. The motion must recite the findings of the planning commission used for its decision and include any reasonably necessary conditions of approval. Notice of the approval, approval with conditions, or a denial must be prepared by the director and sent to the applicant and the board by the agenda cut-off date of the board meeting at which the item will be heard. The decision of the planning commission in approving, approving with conditions, or denying the application is advisory only to the board.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

The board, when required by this title or NRS Chapter 278 to take final action on an application, and after receipt of the report from staff and the recommendation from the planning commission, must consider the application as an action agenda item during a normally scheduled meeting of the board and must make a decision on that item based on the findings required by this title. For an approval, a majority of the board must vote to approve the item. A vote of less than a majority or tie vote is considered a denial. Within five working days of the date of the board's decision on an application, written notification of the action taken must be filed with the clerk of the board and mailed to the applicant stating the action taken and including all conditions imposed and the times established for satisfaction of conditions. The board may return an application to the planning commission for further consideration if new information, not presented at the planning commission, is submitted to the board. The decision of the board is final.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

The director, upon submittal of the applicable form, materials and fee, may approve minor amendments to the terms of an approval. Minor amendments or revisions must be authorized in writing by the director and are subject to appeal pursuant to Section 17.03.120. Minor revisions that may be authorized are those that appear necessary in light of technical considerations requested by the applicant or the director and are limited to the following:

1.

Requests that involve less than ten percent of the building area or project site area;

2.

Requests for adjustments to a planned unit development pursuant to this subsection must comply with the provisions of Chapter 17.56 PUD zone, and Section 17.03.230;

3.

Requests that involve minor changes in color, material, signage, design, landscape material or parking or driveway orientation; or

4.

Requests that involve minor design changes which represent improvements to previous engineering, site design or building practices, provided the request does not change the character of the project or result in negative impacts to adjoining properties, drainage facilities, irrigation facilities or rights-of-way.

B.

For a special use permit, a minor amendment means a modification to one or more of the conditions of the special use permit which: does not substantially change the use allowed by the special use permit; does not cause substantially greater impacts to surrounding properties than that allowed under the existing special use permit; does not increase area of land, increase the height of any structure, or reduce the required setbacks of any structure under the special use permit; and conforms to the minimum required findings and conditions of approval pursuant to this chapter.

C.

All other amendments or revisions are considered major revisions. Where the holder of an approved application for a permit wishes to make a major amendment or revision to the approval which is not covered by subsections 1. through 3. above, an application including all required materials and fees must be submitted to the planning department and forwarded for approval of the final decision-maker in accordance with the procedures established for the original approval.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Unless otherwise specifically provided for in this title, development permits will automatically expire and become null or void, and all activities related to the permit will be deemed in violation of this title, if the applicant:

1.

Fails to inaugurate the project;

2.

Fails to pursue the project to completion;

3.

Fails to satisfy any condition that was imposed as part of the original or revised approval of the development application or that was made pursuant to the terms of any development agreement, within the time limits established in the agreement for satisfaction of the condition or term; or

4.

Fails to present a subsequent development application required by this title within the time required or as may be required by law.

B.

If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time is deemed to be two years from the date the approval was granted by the final decision-maker.

(Ord. No. 18-282, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

An applicant may request an extension of the following approved development permits: design review, modification, sign permit, special use permit, or variance. The director may grant one two-year administrative extension of time from the original date of the development permit expiration. The director may refer the extension application and decision to the final decision maker who originally approved the development permit. An administrative extension does not require notice to be provided or a public hearing. Subsequently, the final decision maker who originally approved the development permit, may grant one additional extension of time up to two years. All requests for an extension must include a letter of request, the applicable fee, and a written justification for the extension prior to the expiration of the development permit. In reviewing any extension, the final decision maker must consider the continued appropriateness of the development permit and may add conditions, as necessary, to ensure the project does not adversely impact other properties in the area, protects the public interest, and ensures the public health, safety, or welfare. No further extension may be granted by the director or by the final decision maker except as provided by an adopted development agreement or by law.

(Ord. No. 18-282, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

A.

Duties of director. If the director or board determines, based on inspection by county staff, that there are reasonable grounds for revocation of a development permit authorized by this title, the director must set a hearing before the original hearing body, or if the decision was made by the director, to the body to which appeal may be taken under this title. If the board was the original hearing body, it may refer the proposed revocation to the planning commission for its report and recommendation prior to the hearing.

B.

Notice must be given in the same manner provided in Chapter 17.03. The public hearing must be conducted in accordance with the procedures established in Chapter 17.03.

C.

Required findings. The hearing body may revoke the development permit upon making one or more of the following findings:

1.

That the development permit was issued on the basis of erroneous or misleading information or misrepresentation by the applicant.

2.

That the terms or conditions of approval of the permit relating to establishment or operation of the use approved have either been violated or not met, or that other laws or regulations of the county, state, federal or regional agencies applicable to the development have been violated.

D.

Decision and notice. Within ten working days from the conclusion of the hearing, the hearing body must render a decision, and must notify the holder of the permit and any other person who has filed a written request for the notice in the manner provided in Chapter 20.20.

E.

A decision to revoke a development permit will become final ten days after the date of notice of the decision was given, unless appealed. After the effective date, all activities pursuant to the permit are deemed in violation of this title. Appeal of the director's decision to revoke the permit may be made to the board and must conform to the procedures established in Chapter 17.03. There is no appeal where the board has revoked a development permit. Whenever any application for a development permit is revoked, an application for a development permit for all or a part of the same property must not be considered for a period of one year from the date of revocation unless the subsequent application involves a proposal that is materially different from the previously revoked proposal.

F.

The county's right to revoke a development permit, as provided in this chapter, is cumulative to any other remedy allowed by law.

(Ord. No. 18-282, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

A.

Before accepting any application required by this title, fees adopted by the board, including service charges, will be charged, collected and deposited with the planning department. A fee sheet will be available to the general public at the main desk of the department.

B.

No fee is charged to any nonprofit organization or government agency that is the owner of record of the property involved in an application.

C.

All fees are non-refundable except for recording fees when there is no actual recording.

D.

The fee for an extension of the expiration date of the special use permit or variance will be the same amount as the original application fee.

E.

Unless a continuance is requested by the planning commission or board with the applicant's concurrence, a continuance of a planning commission agenda item to a later meeting is subject to the following: The applicant will be required to pay any fees and the cost of re-noticing the items as required by this chapter or NRS.

F.

No fee or part of fee will be refunded if an application is not approved.

G.

All application costs must be paid in U.S. cash, by credit card accepted by the planning department, or check payable to Storey County Planning.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Appeals of staff decisions. The applicant or any aggrieved party may appeal an administrative decision of the director to the board within ten days of the written decision. The board may affirm, modify, or reverse the decision.

B.

Procedure for filing a staff administrative decision appeal.

1.

Standing for filing an appeal. The applicant or any aggrieved party, defined as a person with a legal or equitable interest in the property affected by the final decision or property located within the notice area of the property that is entitled by law to notice, may file an appeal provided that the appellant has participated in the administrative process before filing the appeal.

2.

Issues for an appeal. Only issues raised or addressed in the public hearing stage of the administrative process for a project may be raised as a basis for the appeal unless there is substantial new evidence that has become available after the time of the public hearing.

3.

Appeal application. All appeal applications must be filed in writing with a letter of appeal to the director.

a.

The letter of appeal and application must be submitted within ten days of the date of the staff decision for which the appeal is requested.

b.

The appeal letter must include the appellant's name, mailing address, daytime phone number, and must be accompanied by the appropriate fee.

c.

The letter must specify the project or decision for which the appeal is being requested. The letter must indicate which aspects of the decision are being appealed. No other aspect of the appealed decision may be heard.

d.

The letter must provide the necessary facts or other information that support the appellant's contention that the staff erred in its consideration or findings supporting its decision.

e.

The staff may provide the board with a report containing the information used in making the decision.

f.

The board must set the appeal for hearing and render its decision on the appeal within sixty days of the submittal of a complete appeal application.

g.

Notice of appeals. Notice of time and place of appeal hearings must meet the requirements of Section 17.03.070.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Design review is required for:

1.

Subdivision maps (division into five or more parcels);

2.

Parcel maps (division into four or less parcels);

3.

Planned unit developments;

4.

Multi-family complexes (consisting of two or more principal multi-family residential buildings);

5.

All uses located within the Industrial Professional zone; and

6.

Shopping centers including: commercial neighborhood store or shopping center, commercial regional store or shopping center, commercial shopping center, and commercial super regional store or shopping centers.

B.

A building permit may not be issued for a development subject to design review until a design review has been approved in accordance with this chapter and conditions of approval have been met.

C.

The following uses are exempt from the design review requirements:

1.

Interior remodels which do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic, water or sewer usage, as determined by the director.

2.

Repair and maintenance of structures or parking areas constrained by the existing structure and not altering existing drainage patterns or easements;

3.

Replacement or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of the structure is determined by the director to be consistent with the design, use and intensity of the original structure and consistent with the zoning and master plan designations;

4.

Reductions of floor area or building area within a previously approved design review where it is determined that the modification would not result in a significant change in site design, building design, or functionality of the site;

D.

The following projects are subject to minor design review:

1.

Accessory dwelling units;

2.

Expansions of uses listed in subsection A. above of less than twenty-five percent in total floor area, where the proposed expansion will not cause increased impacts on existing infrastructure and public services, as determined by the director;

3.

Changes in use requiring additional parking, where the proposed use will not cause increased impacts on existing infrastructure and public services, as determined by the director, and the use is proposed in existing structures;

4.

Exterior remodeling;

5.

Residential multi-family uses consisting of one building on a single parcel;

6.

Wireless communication facilities as defined in Section 17.10 Definitions and regulated pursuant to Chapter 17.12 General Provisions;

7.

Non-commercial telecommunications site, multiple structures, or those not meeting setback or height requirements, including station antenna structures, as defined in Section 17.10 Definitions and regulated pursuant to Chapter 17.12 General Provisions;

8.

All wind energy conversion systems regulated pursuant to Chapter 17.12 General Provisions.

(Ord. No. 18-276, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

The director will review the development application for conformance with the design criteria manual, set forth findings in accordance with Section 17.03.137, and make a recommendation to the board and planning commission based on those findings. The board and planning commission will consider those findings and make other findings necessary before the decision on the development application.

(Ord. No. 18-276, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

A.

The director is the final decision-maker for design review applications. Design review applications are subject to administrative review and do not require a public hearing.

B.

The director will review the submitted site and building plans of the multi-family complex for conformance with the design criteria manual, set forth findings in accordance with Section 17.03.137, and make a final decision.

(Ord. No. 18-276, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

When considering development applications and applications for design review, the director, board, and planning commission, as applicable, must evaluate the impact of the design review on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the development and make the following findings:

A.

The proposed development is consistent with the goals and policies embodied in the master plan and the general purpose and intent of the applicable district regulations.

B.

The proposed development 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 development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include but are not be limited to the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both.

C.

The proposed development will not generate pedestrian or vehicular traffic that will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

D.

The proposed development incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets.

E.

The proposed development incorporates features to minimize adverse effects, including visual impacts, of the proposed development on adjacent properties.

F.

The project is not located within an identified archeological/cultural study area, as recognized by the county. If the project is located in a study area, an archeological resource reconnaissance has been performed on the site by a qualified archeologist and any identified resources have been avoided or mitigated to the extent possible per the findings in the report.

G.

The proposed development complies with all additional standards imposed on it by the particular provisions of this chapter, the Storey County design criteria and improvement standards and all other requirements of this title applicable to the proposed development and uses within the applicable base zoning district.

H.

The proposed development will not be materially detrimental to the public health, safety, convenience and welfare, or result in material damage or prejudice to other property in the vicinity.

(Ord. No. 18-276, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

A.

The director must approve, deny, or conditionally approve the design review of multi-family complexes within thirty working days of submittal of building and site plans. Appeal of the director's decision is to the planning commission and board.

B.

The director in his sole discretion may refer the design review of multi-family complexes for review by the planning commission and decision by the board in lieu of rendering a decision on the site plans. In such event, the planning commission must consider the design review at a public hearing and render its recommendation to the board in accordance with Section 17.03. The decision of the board must be in accordance with Section 17.03. The planning commission and the board must apply the standards for design review set forth in this title.

(Ord. No. 18-276, § I, 2-6-2018; Ord. No. 20-304, § I, 5-5-2020)

A variance to the provisions of this title may be granted by the board with action by the planning commission where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the lot or parcel, the strict application of the regulations enacted under this title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon the owner of property.

A.

Authority. The board with action by the planning commission has the discretionary authority to approve, conditionally approve, continue within allowed time frames, or deny a variance.

B.

Application requirements. Any person requesting a variance must file a complete application signed by all owners of record of the subject property. The application must include the information, site plans and other materials determined by the director to be necessary to support the requirements of this section.

C.

The applicant for a variance must bear the burden of proof by a preponderance of the evidence to provide facts supporting the proposed variance. Additionally, the applicant must provide adequate information in the application and on the site plan to substantiate the findings required in this section.

D.

Investigation. The director will investigate each application to assure that the proposal is consistent with the requirements of this title and make a report to the planning commission and board.

E.

Hearing. The planning commission must hold a public hearing on the application and make a recommendation to the board. The board must hold a public hearing no later than sixty-five days after the acceptance of the complete application. The hearing must meet the requirements of Section 17.03.080 (Hearings).

F.

Findings. The board's approval, approval with conditions, or denial of a variance must be based on findings that indicate that the proposed use is appropriate in the location for which it is approved. The findings listed in this subsection are the minimum to be cited in an approval; the board may include additional findings in their decision. The board and planning commission must cite findings of fact in the motion for approval, approval with conditions, or denial. At a minimum, the approval must be based on findings that the proposal:

1.

That because of special circumstances applicable to the subject property, including shape, size, topography or location of surroundings, the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity or under identical zone classification;

2.

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; and

3.

That the granting of the application will not, under the circumstances of the particular case, adversely affect to a material degree the health or safety of persons residing or working in the neighborhood of the subject property and will not be materially detrimental to the public welfare or materially injurious to property or improvements in the neighborhood of the subject property.

G.

Decision. Following the public hearing, the board must decide if there is adequate evidence in the record to support the findings required by this section and must approve, conditionally approve, modify, continue within allowed time frames, or deny the variance request.

H.

Request for continuance. The applicant may request a continuance of any application for a variance to a future meeting under Section 17.03.080.D.

I.

Expiration. Where an approved variance is not developed or exercised within twelve months of the date of approval, unless additional time is granted by the board with action by the planning commission, based upon consideration of the specific circumstances of the project, then without further action, the permit will be null and void and no development activity may be made of the property except on the granting of a new variance.

J.

Force majeure. In the event that circumstances beyond the control of the applicant result in a failure to complete variance conditions and construct or commence the project prior to the expiration date, the applicant may request in writing an extension of the expiration date. The director may approve a one year extension from the original date of variance expiration with the option of the director to have the planning commission and board review the extension. The board with action by the planning commission may approve additional extensions of time subject to the consideration of the continued appropriateness of the variance and may be subject to the imposition of additional conditions to ensure that the project permitted by the variance does not adversely impact other properties in the area or the public interest.

K.

Limitations on Variances. A variance may not be granted that allows a land use prohibited in the zoning district in which it is located or that changes any boundary of the district; nor may any variance be granted that changes the permitted residential density of a zoning district. Variances may not be granted for failure to comply with use restrictions. The grant of a variance does not change the zoning ordinance or underlying zoning of the parcel and may only be granted upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zoning district. The hardship may be demonstrated where, due to special circumstances applicable to the property, strict application of the development code's standards or requirements would deprive the property of privileges enjoyed by others in the vicinity. A self-imposed hardship is not a legitimate ground or reason for a variance approval.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

The board, with action by the planning commission, may approve, approve with conditions, continue within the allowed timeframe, or deny uses expressly listed as "uses subject to permit". Uses in each zone not expressly listed as allowed, permitted, or subject to permit are prohibited unless the board, with action by the planning commission, determines that the proposed use is consistent and similar to the uses listed in the zone. The following requirements apply to the approval of a special use permit:

A.

Application requirements. Before a special use permit may be considered for approval, the proposed use must be listed as a use requiring a special use permit in the regulatory zone or must be a similar use as determined by the board with action by the planning commission. For the purpose of accepting an application, the director will determine whether the use is similar to those expressly listed as requiring a special use permit. The similar use must not deviate from the pattern of other conditional uses in the zone.

B.

Investigation. The director will investigate each application to assure that the proposal is consistent with the requirements of this title and make a report to the planning commission and board.

C.

Hearing. The planning commission must hold a public hearing after acceptance of a complete application, and notice of the hearing is given as required by this chapter and the NRS. The board must hold a public hearing no later than sixty-five days after the acceptance of the complete application. The hearings must meet the requirements of Section 17.03.080 (Hearings).

D.

Findings. The approval of a special use permit must be based on findings that indicate that the proposed use is appropriate in the location for which it is approved. The findings listed in this subsection are the minimum to be cited in an approval; the board and planning commission may include additional findings in their decision. The body must cite findings in its motion for approval or findings for their motion for denial. The applicant will bear the burden of proof by a preponderance of the evidence to provide facts supporting the proposed special use permit. At a minimum, the approval must be based on findings that the proposal:

1.

Complies with the general purpose, goals, objectives, and standards of the county master plan, this title, and any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice by the county.

2.

The proposal location, size, height, operations, and other significant features will be compatible with and will not cause substantial negative impact on adjacent land uses, or will perform a function or provide a service that is essential to the surrounding land uses, community, and neighborhood.

3.

Will result in no substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or right-of-way, or other matters affecting the public health, safety, and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions and policies of the county master plan, this title, and any other plans, program, map, or ordinance adopted or under consideration pursuant to an official notice, by the county, or other governmental agency having jurisdiction to guide growth and development.

4.

The proposed use in the proposed area will be adequately served by and will impose no undue burden or any of the improvements, facilities, utilities, or services provided by the county or other governmental agency having jurisdiction in the county. Where improvements, facilities, utilities, or services are not available or adequate to service the proposed use in the proposed location, the special use permit applicant must, as part of the application and as a condition of approval of the proposed special use permit, be responsible for establishing ability, willingness, and binding commitment to provide the improvements, facilities, utilities, infrastructure, and services in sufficient time and in a manner consistent with the county master plan, this title, and all plans, programs, maps, and ordinances adopted by the county to guide its growth and development. The approval of the special use permit must be conditioned upon the improvements, facilities, and services being provided and guaranteed by the applicant.

E.

Conditions of approval. The board with action by the planning commission may require conditions under which the lot or parcel may be used or the building constructed if the use may otherwise be incompatible with other existing and potential uses within the same general area or will constitute a nuisance or will overburden public services, improvements or facilities.

F.

Expiration and revocation. Where a use permitted by a special use permit is not started on the property within twenty-four months from the date of approval, unless additional time is granted by the board with action by the planning commission based upon consideration of the specific circumstances of the project, then the special use permit will be null and void without any further action and the use will not be allowed except by the granting of a new special use permit.

G.

Extension and expiration of permits. If circumstances beyond the control of the applicant result in a failure to complete applicable special use permit conditions and construct or commence the use prior to the expiration date, the applicant may request in writing an extension of the expiration date. The written request for an extension must be received by the planning department within thirty days prior to the expiration date. The application must state the reason for the extension request. The board with action by the planning commission may approve a twenty-four-month extension of the special use permit and may approve up to two additional extensions for time subject to the consideration of the continued appropriateness of the special use permit. The extended special use permit may be subject to additional conditions imposed by the board to ensure that the activity permitted by the special use permit does not adversely impact other properties in the area or the public interest. If construction work is involved, the work must actually commence within the stated period and be diligently pursued to completion. A stoppage or lapse of work for a period of twelve months will invalidate the special use permit. When any use of land, building, structure or premises established under the provisions of this chapter has been discontinued for a period of twenty-four consecutive months, it is unlawful to again use the land or building or premises for the discontinued use unless a subsequent special use permit is authorized and issued.

H.

Re-application. No person, including the original applicant, may reapply for a similar special use permit on the same land, building, or structure within a period of one year from the date of the final decision by the board of such previous application.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

The standard conditions contained in this section are imposed on applications requiring discretionary approval. Additional conditions may be imposed by the board or recommended by the planning commission. The minimum required conditions are as follows:

A.

Conformance with plans. All development must be substantially in accordance with the site development plans submitted with the application.

B.

Conformance with regulations. All on- and off-site improvements must conform to federal, state, and county regulations and the regulations by any applicable political subdivision of the county.

C.

Period to commencement. The use for which the permit or variance is approved must commence within twenty-four months of the date of final approval. A single, one-year extension of time must be requested in writing to the planning department thirty days prior to the permit or variance expiration date. The permit or variance will become null and void if the project applicable to the permit is not initiated within one year and no extension granted.

D.

Department conditions. The recommended conditions of approval from each county department must be incorporated as conditions to the final permit or variance, provided that the recommended conditions comply with federal, state, and county regulations.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

The director may refer a variance or a special use permit to the board for a show cause hearing on revocation based on any of the following reasons or occurrences. The procedure for the show cause hearing will be as required in Section 17.03.180.

A.

A failure or refusal of the applicant to comply with any of the terms or conditions of a variance or special use permit.

B.

Any misrepresentation made in the application for a variance or special use permit.

C.

Any act or failure to act by the applicant or its agents or employees directly related to the variance or special use permit which would be a violation of federal or state law or a violation of the county code.

D.

Any act or failure to act by the applicant or its agents or employees directly relating to the variance or special use permit that creates or tends to create a public nuisance or is detrimental to the public health, safety and welfare.

E.

A failure to return a signed copy of the notice of decision, twenty-one days from receipt of said notice.

F.

Further use of a revoked variance or special use permit is a violation of this title and will be punishable as provided in this title.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Procedures. The board upon its own motion, or upon the sworn complaint in writing of any person, or upon information presented by the director, must request that the director investigate the conduct of any applicant under this chapter to determine whether grounds for revocation of any variance or special use permit exist. The director will notify the applicant of any investigation prior to any public hearing.

B.

Investigation. After an investigation, if the director determines that a ground for revocation of a variance or special use permit exists, the director will issue and serve the applicant with an order to show cause why the variance or special use permit should not be revoked. The order must contain:

1.

A statement directing the applicant or applicant's representative to appear before the board at a particular time and place; provided, that the applicant has at least ten days from the date of service of the order before the scheduled meeting;

2.

A statement of the grounds for revocation;

3.

A statement that the applicant will have an opportunity to be heard, present witnesses and respond to any witnesses against him or her;

4.

Service on the applicant must be made by personally delivering a copy of the order to show cause to one of the persons whose name is on the application or by mailing a copy of the order by certified mail with return receipt to the applicant's address on the variance or special use permit.

C.

Hearing for show cause.

1.

At the public hearing on the order to show cause, the applicant and the complainant, if there is one, may present testimony, question witnesses, and be represented by attorneys. If the hearing is pursuant to a complaint, the complainant must also be present.

2.

After the conclusion of discussion and public testimony, the possible actions that the board may take include taking no action on the permit, revocation, or modification of permit conditions of approval, limited suspension, and continuance with the concurrence of the applicant.

D.

Appeal of show cause determination. A show cause decision from the board is final. Any further appeal of the board's decision must be in the court of competent jurisdiction within the time frames established by NRS Chapter 278.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Purpose. The purpose of administrative permits is to provide for the method of reviewing proposed uses which possess characteristics that have the potential to adversely affect other land uses, transportation, or facilities in the vicinity. The director may require conditions of approval necessary to eliminate or reduce any adverse effects of a use.

B.

Applicability. This chapter authorizes the director to review and render final decisions on zoning matters and development proposals identified within this chapter as requiring an administrative permit pursuant to the provisions of this section.

C.

Permit required. An administrative permit is required in the following cases:

1.

Small operations exploration and mining.

D.

Process. Applications for administrative permits may be initiated by the property owner or the property owner's authorized agent. Applications must be filed with the planning department. A request for an administrative permit must include a site plan which clearly delineates the location and characteristics of the proposed use. No administrative permit will be processed until the director determines the application is complete.

E.

Decision. This title delegates certain authority for making decisions relating to various development applications, uses and similar approvals to the director. The director must review all complete applications, make necessary findings and render a decision on the application. The director may refer the application to the planning commission for its review and recommendation to the board prior to rendering a decision on the application.

F.

Findings. In approving an administrative permit, the director must make the findings shown in Section 17.03.150.D.

G.

Notification and appeal of decision by director. The director must notify the applicant within ten working days of the decision. The decision of the director may be appealed to the board by the applicant or any aggrieved party pursuant to Section 17.03.130 (Appeal Procedure).

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Purpose. The purpose of this section is to provide for the adoption of the county master plan and amendments to the master plan.

B.

Administration. The members of the board and the planning commission and county employees, in the performance of their functions, may enter upon any land and make examinations and surveys. The board has power as may be necessary to enable it to fulfill its function and carry out the provisions of this title and NRS Chapter 278. The county master plan is, but is not limited to, a map, together with charts, drawings, diagrams, schedules, reports, ordinances, or other printed or published material, or any one or a combination of any of the foregoing.

C.

Requirements for application.

1.

Initiation of amendments. The director, planning commission, the board, or a property owner, resident or the owner of a business located in the county may initiate a request for amendment of the master plan map. The planning department is responsible for reviewing and processing of master plan map amendments. A public hearing must be scheduled before the board within forty-five days of the planning commission action.

2.

Types of applications. There are three types of applications for master plan amendments. The first type is an amendment to the master plan map. The second type of amendment is an amendment to the master plan text. The third type of amendments to the county master plan is adoption of a new master plan element.

3.

Completeness. No master plan amendment may be processed until the information necessary to review and decide upon the proposed master plan amendment or element is determined to be complete by the director.

4.

Timing of amendments. The county master plan land use map may be amended by the board no more than four times per year on a schedule to be determined by the director. Master plan elements or other master plan text amendments may be submitted in any month during the calendar year for adoption.

5.

Frequency of amendment. Only the board or planning commission may initiate an amendment of the master plan for a parcel within twelve months after an amendment on that parcel has been approved or denied.

D.

Concurrent processing of applications. If a proposed project requires more than one application under the provisions of this title, the applications may be filed at the same time and processed concurrently.

E.

Elements of the master plan. The master plan, along with accompanying maps, charts, drawings, diagrams, schedules and reports may include, but is not limited to, the subject matter appropriate under state law for the county and as the basis for the physical development of the county.

F.

Master plan maps. The official county zoning maps may serve as the maps for the county master plan.

G.

Adoption of master plan by planning commission. The planning commission must prepare and adopt a comprehensive, long-term master plan for the physical development of the county. This plan will be known as the county's master plan and must be prepared so that all or portions of the plan may be adopted by the board as the basis for the development of the county for a set, reasonable period of time. The planning commission must hear the request within one hundred twenty days of a determination of completeness by the department. The adoption of the master plan, or of any amendment, extension or addition, must be at a public hearing and be by resolution of the planning commission carried by the affirmative votes of not less than two-thirds of the total membership of that body. The resolution must refer expressly to the maps, descriptive matter, and other matter intended by the planning commission to constitute the plan or any amendment, addition or extension, and the action taken must be recorded on the map and plan and descriptive by the identifying signatures of chair of the planning commission and its secretary or clerk.

H.

Adoption of master plan by board. Following receipt of a certified copy of the resolution approving a master plan amendment or the report referencing the decision and findings of the planning commission, the board must schedule a public hearing to decide whether to adopt the amendment. The planning department must provide published notice of the hearing. For amendments to the master plan map or text amendments seeking a change to minimum parcel size policy provisions, personal notice must also be given. The board may continue a master plan application pursuant to Section 17.03.080.D. The board may adopt all or a portion of the master plan for all or any part of the county. If the board's approval proposes to change the plan, as adopted by the planning commission, it must refer the proposed changes to the planning commission for its report and recommendation. The planning commission must review the proposed changes at a regularly scheduled meeting and file an attested copy of its report and recommendation with the county clerk within forty days after referral from the board. Failure to file the report and recommendation within the time period is considered to be an approval of the proposed changes to the amendment.

I.

Findings of fact. The board and planning commission must, at a minimum, make the following findings of fact in the decision:

1.

Consistency with the existing master plan.

a.

Adoption. The proposed amendment is in substantial compliance with the goals, policies and action programs of the existing master plan.

b.

Denial. The proposed amendment is not in substantial compliance with the goals, objectives and policies and action programs of the existing master plan.

2.

Compatible land uses.

a.

Adoption. The proposed amendment will provide for land uses compatible with existing adjacent land uses, and will not adversely impact the public health, safety or welfare.

b.

Denial. The proposed amendment would result in land uses which are incompatible with existing adjacent land uses, and would adversely impact the public health, safety or welfare.

3.

Response to change conditions.

a.

Approval. The proposed amendment addresses changed conditions that have occurred since the plan was adopted by the board and the requested amendment represents a more desirable utilization of land.

b.

Denial. The proposed amendment does not identify and/or address changed conditions of an area that have occurred since the plan was adopted by the board and the requested amendment does not represent a more desirable utilization of land.

4.

Desired pattern of growth.

a.

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

b.

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

5.

When forwarding its recommendation to the board for adoption of a master plan element, the planning commission must, at a minimum, make the following findings of fact:

a.

That the proposed element is consistent with and not contrary to the present elements of the existing master plan.

b.

That the element must be part of the existing county master plan, which is a comprehensive long-term document for the physical development of the county, and that the element will now supplement the other master plan elements that compose the county master plan.

c.

The proposed element will promote a desired pattern of orderly, physical growth of the county or guide a particular type of development activity within the county, which will be based on the projected population growth with the least amount of impairment to natural resources and available water, and the efficient expenditure of funds per public services.

J.

Implementation of the master plan by the board. Whenever the board has approved the master plan, upon recommendation of the planning commission, the board must determine a reasonable and practical means for implementing the master plan. The master plan will serve as a pattern and guide for the kind of orderly physical growth and development of the county that will cause the least amount of natural resource impairment and will conform to the county growth plan as a basis for the efficient expenditure of funds, relating to the subject elements of the master plan. The board may adopt and use procedures as may be necessary for the implementation of this title.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Amendments. This title and land use map incorporated as part of this title may be amended, repealed, or supplemented by the board.

B.

Application requirements. Amendments to this title or the county official zoning district map may be initiated by the board, planning commission, or an owner of a lot or parcel, by filing with the director a signed and complete application, accompanied by the necessary fee, and application materials including all evidence and facts required under this section. Pursuant to Section 17.03.230.C. only the owner of a lot or parcel may initiate an application for a zone change to PUD.

C.

Investigation. The director will investigate each application to assure that the proposal is consistent with the requirements of this title.

D.

Notice. Notice of time and place of planning commission and board hearings must meet the requirements in Section 17.03.070.

E.

Hearing.

1.

The planning commission must hold a public hearing with notice required under Section 17.03.070 on all proposed amendments within sixty-five days following the acceptance of a complete application.

2.

When the planning commission deems it proper, it may consider other property for change in addition to that sought in the application; provided, that proper notice has been given pursuant to this section.

F.

Findings. The applicant for a zoning map amendment or zoning code amendment has the burden of proof to provide facts supporting the proposed zoning map amendment or zoning text amendment. The applicant must provide adequate information in the application and on the site plan to substantiate the findings required in this section. The submitted application for a PUD must also provide adequate information to substantiate the findings required in Section 17.03.230.C. The board and planning commission must determine if the information presented is adequate to support their decision.

1.

Before a zoning map amendment may be recommended for approval, the applicant must provide evidence to the board and planning commission concerning the physical use of land and zoning currently existing in the general vicinity, and which have occurred in the previous five-year time period, and describe:

a.

How the proposal will impact the immediate vicinity.

b.

How the proposal supports the goals, objectives and recommendations of the master plan concerning land use and related policies for the neighborhood where the subject project is situated.

c.

If the proposed amendment will impact properties within that use district.

d.

Any impacts on public services and facilities, and availability of water resources.

e.

How the application for a PUD will conform to the findings in Section 17.03.230.C.

2.

The planning commission, in forwarding a recommendation to the board for approval of a zoning map amendment or zoning code amendment must make the following findings of fact:

a.

That the proposed amendment is in substantial compliance with and supports the goals and policies of the master plan;

b.

That the proposed amendment will provide for land uses compatible with existing adjacent land uses and will not have detrimental impacts to other properties in the vicinity;

c.

That the proposed amendment will not negatively impact existing or planned public services or facilities and will not adversely impact the public health, safety and welfare;

d.

That the approval of a PUD will conform to the findings in Section 17.03.230.C.

G.

Planning commission decision. Following the public hearing, the planning commission will determine if there is adequate evidence in the record to support the facts and findings required by this section and must recommend to the board to approve or deny the request for the zoning map amendment or zoning text amendment.

H.

Report to the board. The planning commission must forward to the board a copy of its decision and findings recommending approval, modification, or denial of the proposed zoning map amendment or zoning code amendment.

I.

Action by the board. The board must consider the evidence relating to the map amendment or the ordinance containing the proposed zoning text amendment at a hearing noticed and conducted in accordance with the provisions of this title and state law. The zone text amendment must be adopted by ordinance and the map amendments must be adopted in accordance with all procedures established in this code. Following approval of the ordinance or map amendment, the zoning text or the official zoning map must be changed to reflect the amendment.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020)

A.

Pre-application submittal conference. Before an application for a PUD zone may be accepted, a pre-submittal conference including the developer (or an authorized representative) and county staff, including staff from other regulatory agencies or jurisdictions if necessary, is required to discuss proposed plans and review submittal requirements. The purpose of the pre-application submittal conference will be to determine if and how the proposed development may satisfy the required findings of fact under Section 17.03.230(C).

B.

Application. An application for a PUD will include a request for zone change from the existing zone to PUD; a tentative map pursuant to Section 17.03.220 and a PUD development plan which conforms to the provision of Chapter 17.56 (PUD zone). All of these required components will be submitted together in the application, along with all required fees, including any third-party review fees pursuant to Section 16.20.010(B), as set by resolution of the board.

C.

Approval and required findings. As required by NRS 278A.500, the grant or denial of tentative approval by minute action must set forth the reasons for the grant, with or without conditions, or for the denial, and the minutes must set forth with particularity in what respects the plan would or would not be in the public interest including, but not limited to, findings on the following:

1.

In what respects the plan is or is not consistent with the statement of objectives of a planned unit development.

2.

The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the property including, but not limited to, density, bulk and use, and the reasons why these departures are or are not deemed to be in the public interest.

3.

The ratio of residential to nonresidential use in the planned unit development.

4.

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

5.

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

6.

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

7.

In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public, residents and owners of the planned unit development in the integrity of the plan.

8.

The extent to which the plan is consistent with the statement of objectives of a planned unit development contained in the master plan, this chapter, and Chapter 17.56 (Planned Unit Development Zone).

9.

The extent to which the proposed development is compatible and preserves the character and integrity of adjacent developments and communities.

10.

The extent to which the quality or quantity of available water for surrounding communities and uses will be protected.

11.

The extent to which sufficient quality and quantity of water serving the anticipated number of units in the proposed development, including phasing and at completion, will be provided.

12.

The extent to which the development conforms to existing topography (including hillside and ridgeline environments as described in Chapter 17.56, water bodies, natural drainage systems, and other geographic features.

13.

The extent to which the development provides for an orderly and creative arrangement of land uses that include a variety of housing types, commercial services, employment and recreational opportunities, and common area for recreational purpose (passive and active), or any combination thereof, designed to achieve a balanced integration of economic, housing, or redevelopment opportunities.

14.

The extent to which the development mitigates adverse impacts such as traffic, noise, odors, visual nuisances, light pollution, or other similar adverse effects to adjacent developments and communities.

15.

Where the development plan proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public, residents, and owners of the PUD and the integrity of the plan and, where the plan provides phases, the period in which the application for each phase must be filed.

16.

Where there is deviation from the standard ordinance requirements in the County Code, how it will be warranted by the design and additional amenities incorporated in the development which offers certain unusual redeeming features to compensate for any allowed deviations.

17.

The extent to which the development will not result in material prejudice or diminution in the value of surrounding properties, and will not endanger the health, safety, and general welfare of the community.

D.

Development standards. The development standards, density, and intensity of uses of a planned unit development are regulated pursuant to Chapter 17.56.

E.

Revision procedure. A public hearing by the planning commission and board is required before revisions to the plan which involve changes in land use, expansion, or intensification of development, or changes in the standards of development may be approved. The director will determine on a case-by-case basis those instances when a revision to the development plan is necessary, following the same procedure as the original application. Changes in an approved development plan which do not involve changes in land use, expansion, or intensification of development or changes in the standards of development may be approved by the director if the changes are consistent with the purposes, character, and conditions of the development plan.

F.

Development schedule, modification, or revocation.

1.

An application for a PUD approval must be accompanied by a development schedule, including a phasing plan, indicating the dates when applications for final approval of all sections of the plan are to be filed and, in the case of tentative maps, dates that the final map or series of final maps must be recorded by.

2.

Minute order. As required by NRS 278A.510, unless the time is specified in an agreement entered into pursuant to NRS 278.0201, if a plan is granted tentative approval, with or without conditions, the board must set forth, in the minute action, the time within which an application for final approval of the plan must be filed or, in the case of a plan which provides for development over a period of years, the periods within which application for final approval of each part thereof must be filed. The board may add, delete, or modify the conditions of approval for a planned development when approving a modification to a development schedule.

3.

Tentative approval will be revoked for areas included in the plan for which final approval has not been given if:

a.

The landowner elects to abandon the plan or any part thereof, and so notifies the director in writing; or

b.

The landowner fails to file application for the final approval within the required time.

G.

Identification. Each planned development overlay must be numbered, the first adopted being shown on the zoning map as planned development (1) and each zone subsequently adopted being numbered consecutively.

H.

Compliance with chapter, application restricted. Compliance with any requirement contained in this chapter must not be construed to relieve the applicant from compliance with subdivision regulations, building code requirements, or any other applicable regulations of the county, except when they are modified in the approval process.

I.

Status of plan after tentative approval.

1.

Tentative approval of a planned development plan does not qualify the plan for recording or authorize development or the issuance of any building permits. Recording and development of the planned development requires filing and approval of substantially conforming applications for final approval of each phase within the time specified in the order approving the application for tentative approval.

2.

A plan which has been approved by the board as submitted, or which has been given tentative approval with conditions which have been accepted by the developer, may not be modified, revoked or otherwise impaired by action of the county pending an application for final approval without the consent of the developer or assigns, except as provided in subsection 17.03.230(J).

J.

Revocation of tentative approval. Tentative approval may be revoked in accordance with the procedures set forth in this chapter and the portion of the area included in the plan for which final approval has not been given is subject to the current provisions of this title if:

1.

The developer elects to abandon the plan or any part thereof, and so notifies the county in writing; or

2.

The landowner fails to file applications for final approval within the times established in the tentative approval.

K.

Procedure for final map approval.

1.

Application requirements. An application for final approval of a phase or phases of a PUD must be submitted to the director on forms provided by the community development department within the times specified by the tentative approval of the plan. The application for final approval may be for all the land included in a tentatively approved plan or, to the extent set forth in the tentative approval, for a particular phase of the plan. The application must be accompanied by the maps, drawings, specifications, fees, covenants, easements, conditions and forms of performance security required in the tentative approval or otherwise required by law. If a tentative map is submitted with the development plan, a final map must be approved at or before final plan approval.

2.

Determination of substantial compliance. The director will review the application for final approval and all information submitted and determine whether it complies with the approved tentative plan. The plan submitted for final approval will not be in substantial compliance if any modification:

a.

Varies the proposed gross residential density or intensity of use;

b.

Varies the proposed ratio of residential to non-residential use;

c.

Involves a reduction of the area set aside for common area or involves the substantial relocation of the area;

d.

Substantially increases the floor area proposed for non-residential use;

e.

Substantially increases the total ground areas covered by buildings or involve a substantial change in the height of buildings;

f.

No longer meets adequate public facilities standards of this title, except for minor modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary; or

g.

Is not accompanied by proof of satisfaction of conditions imposed as prerequisites to final plan approval.

3.

Approval of applications which substantially comply with tentative approval. The director must approve a final plan if it is in substantial compliance with the plan as tentatively approved.

L.

Procedure for determining noncompliance.

1.

If the final plan as submitted for final approval is found by the director not to be in substantial compliance with the plan as tentatively approved, the director must, within thirty days of the date of filing of the application for final approval, notify the developer in writing the particular ways in which the plan is not in substantial compliance with the tentative approval.

2.

The developer may:

a.

Treat the notification as a denial of final approval;

b.

Re-file the plan in a form which is in substantial compliance with the plan as tentatively approved; or

c.

File a written appeal request with the director that a hearing be set before the commission on the application for final approval.

3.

If the developer elects the alternative set forth in subsection 2.b. or 2.c. above, the developer may re-file the plan or file a request for a public hearing, as the case may be, on or before the last day of the time within which the developer was authorized by the tentative approval to file for final approval, or thirty days from the date the developer receives notice of the refusal, whichever is the latter.

4.

The public hearing must be held within thirty days after the request for the hearing is made by the landowner. Notice must be given and the hearing must be conducted as prescribed by this chapter. Within twenty days after the conclusion of the hearing, the commission must either grant final approval of the plan or deny final approval of the plan. The grant or denial of final approval of the plan must contain the findings of fact required in in this section and Chapter 17.56.

M.

Certification, filing and recording of approved plan. A plan, or any part, which has been given final approval, must be certified without delay by the county and filed of record in the county recorder's office before any development occurs in accordance with the plan. The county recorder must not file for record any final plan unless, if required by the provisions of this Code, a final map has been approved, the certificates of approval as required under NRS 278.377 have been provided, or the map is accompanied by evidence that the approvals were requested more than thirty days before the date on which the request for filing is made, and that the approval has been refused.

N.

Effect of recordation. After the final map is recorded for the PUD, or any phase, the zoning and subdivision regulations of this Code apply to the land subject to the final map or phase only to the extent that these regulations have been incorporated in the final plan as recorded.

O.

Development schedule, revocation or amendment. The PUD project must be initiated within three years of approval of the final map. If the PUD owner fails to meet this deadline and the approved schedule, including phasing, the board may initiate proceedings to reclassify the property back to its original underlying zone(s) and revoke the approval of the development plan, or amend the required timelines and phasing in the development plan.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 20-304, § I, 5-5-2020; Ord. No. 20-313, § II, 12-15-2020)