This District is intended to comprise lands devoted to agriculture, related activities and other open uses. This District is further intended to constitute a hold district to retain land in less intensive use until the time is appropriate for more intensive development so as to prevent scattered development and the premature and costly extension of utility mains and services related thereto and to regulate development of the City so that it occurs in stages according to market needs and progresses contiguously outward from the developed urban area. Regulations are designed to limit uses to those which are compatible with agriculture, to prevent encroachment by more intensive uses and to preserve the open space characteristics of the District. (Ord. 91-9, 6-4-1991)

   A.   Agricultural Uses:

General agriculture on parcels not less than five (5) contiguous acres in area.

Commercial breeding, raising, training, and feeding principally by grazing, of horses, cattle, sheep, goats and hogs; provided that pens, buildings, corrals and yards other than open pastures are not closer than five hundred feet (500') to any residence, except the residence of the property owner.

Dairies; poultry and egg farms; fur farms; public stable; provided that pens, buildings and enclosures other than open pastures are not closer than five hundred feet (500') to any residence, except the residence of the property owner.

Oil wells.

Soil crops.

   B.   General Uses:

Guest ranches on parcels having an area not less than ten (10) acres; provided, that pens, buildings and yards other than open pastures used for keeping of livestock are not closer than five hundred feet (500') to any street, highway or residential district.

Veterinary clinics or animal hospitals. (Ord. 91-9, 6-4-1991)

Churches and church facility complexes.

Public recreational uses, including public or quasi-public golf courses and similar activities.

Schools.

Water pumping plants and storage tanks. (Ord. 91-9, 6-4-1991)

Accessory buildings, structures and uses customarily incidental to permitted principal or conditional uses.

Employee housing, servants' quarters, guest houses.

Home occupations.

Storage of petroleum products required for use on the premises; provided, that such storage shall not exceed one thousand (1,000) gallons and shall be subject to all applicable health and safety laws. (Ord. 91-9, 6-4-1991)

   A.   Principal Permitted Uses:

Minimum lot or site area   5 acres

Minimum lot or site width   400 feet

Minimum setback from all street lines   100 feet

Minimum side yards   100 feet

Minimum rear yard   100 feet

   B.   Accessory Buildings:

Minimum space between a building used for

sleeping or living purposes and any other

detached building   20 feet

Minimum side and rear setbacks of buildings

not used for keeping poultry or animals   20 feet

Accessory buildings, whether attached or detached, shall be erected in any required front or side yard, except as otherwise provided in this Title. (Ord. 91-9, 6-4-1991)

All livestock and poultry kept shall be kept confined to the premises by erection and maintenance of a stock fence and necessary cattle guards. (Ord. 91-9, 6-4-1991)

This overlay comprises areas subject to inundation by flood waters according to limits established by the Department of Housing and Urban Development. It is the intent of this overlay to establish such regulations as are necessary to protect the public from the hazards and cost which may be incurred when unsuitable development occurs in such areas 1 . (Ord. 91-9, 6-4-1991)

   A.   Applicability: This section shall apply to all developments approved under this article.

   B.   Definitions: The following terms shall have the meanings herein ascribed to them whenever used in this article, unless the context makes such meaning repugnant hereto:

    CONCEPTUAL DEVELOPMENT PLAN: A plan for a planned community (P-C) district which shows the proposed development of the property including land use designations, transportation, open space, community facilities and such other matters as required by the community development director and which shall accompany any application for a P-C district.

   DENSITY: The number of families, individuals, dwelling units, households, or housing structures per unit of land.

   DEVELOPER/OWNER: The legal or beneficial owner or owners of all the land proposed to be included in a development authorized by this article. The holder of an option or contract of purchase, a lessee having a remaining term of not less than thirty (30) years, or another person having an enforceable proprietary interest in the land is also considered an owner under this article.

   DEVELOPMENT AGREEMENT: An agreement between the city and the developer/owner containing the terms, conditions, standards, procedures and other requirements by which the development shall proceed. Such an agreement must be entered within thirty (30) days of final approval of the development plan and shall contain all matters required by the final plan and any additional matters required by the community development director or the city attorney.

   DEVELOPMENT STANDARDS: Documentation that identifies the requirements and standards for commercial, industrial, public and residential development, including, but not limited to, densities, building height, bulk and setback requirements by land use type, signage, landscaping, parking and open space.

   FINAL APPROVAL: An approval by the city council of a development authorized by this article following the tentative approval. Final approval authorizes the codification and recordation of the appropriate development plan and documents and authorizes development to occur in accordance with the plan.

   JUDICIAL REVIEW: A review by a court of competent jurisdiction upon the proper pleadings of a final decision granting or denying any tentative or final approval of a plan of development under this article. Judicial relief must be sought within twenty five (25) days of filing with the city clerk a notice of the action taken by the council.

   OPEN SPACE: In general, any parcel or area of land essentially unimproved and set aside, which is to be improved, dedicated, designated or reserved for public use or enjoyment or for the private use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents or owners of the adjoining or neighboring land. Each type of special district may contain additional provisions regarding open space which shall be controlling concerning such district.

   PLANNED COMMUNITY DISTRICT (P-C DISTRICT): A zoning district established to permit the large scale development of a comprehensively planned community with a minimum of three thousand (3,000) acres of land under one ownership or control.

   PLANNED DEVELOPMENT DISTRICT (PD DISTRICT): A zoning district established to provide for comprehensively planned developments of residential, commercial, industrial or public use of land under one ownership or control in a minimum site area of twenty (20) acres.

   PRESUBMISSION CONFERENCE: A required meeting between the property developer/owner or an authorized representative and the community development director before an application for a PD district or an R-PD district is filed for the purpose of ensuring the proposed development is suited to the applicable requirements and outlining the approval requirements and process.

   RESIDENTIAL PLANNED DEVELOPMENT DISTRICT (R-PD DISTRICT): A zoning district established to provide for flexibility and innovation in residential development of land under one ownership or control with a minimum site area of ten (10) acres to be developed as a single entity for a number of dwelling units.

   TENTATIVE PLAN: Provisions setting forth all matters pertaining to a development authorized by this article, including a plat of subdivision where applicable, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density, private streets, ways and parking facilities, common open space and public facilities, tentative map, and other documents which are submitted for approval in the application for a special district authorized by this article.

   C.   Elements Of Development Agreement: A development agreement for any special district authorized by this article shall address at least the following matters:

      1.   City intent;

      2.   Owner/developer intent;

      3.   Public utilities;

      4.   Public improvements;

      5.   Permitted uses, density, height and size of structures;

      6.   Time for construction and completion;

      7.   Modification and amendment;

      8.   Water conservation;

      9.   Open space requirements;

      10.   Ownership and maintenance of open space;

      11.   Public facilities and benefits;

      12.   Transportation;

      13.   Flood control;

      14.   Default, breach and termination;

      15.   Applicable law;

      16.   Venue and jurisdiction in the appropriate court of Elko County, state of Nevada;

      17.   Duration;

      18.   Bonding requirements; and

      19.   Any other matters required by the city attorney or the community development director.

   D.   Effect Upon Previous Zoning Classification: Unless otherwise expressly provided in this article, the existing zoning of the property prior to the approval of a special development district shall have no further effect upon the final approval of a special development district. Nonetheless, such existing zoning shall be resurrected upon an abandonment or termination of the special development district prior to its completion and acceptance by the city.

   E.   Approval Process:

      1.   Proceedings For Tentative Approval:

         a.   Filing: Application to be filed by developer/owner. An application for tentative approval of the plan for a development authorized by this article must be filed by or on behalf of the landowner.

         b.   Application: Form; filing fees; place of filing; tentative map.

            (1)   The community development department shall designate the form of the application for tentative approval and the city council shall set the fee for filing the application by resolution.

            (2)   The application for tentative approval shall include a tentative map. Tentative approval may not be granted pursuant to Nevada Revised Statutes 278A.490 until the tentative map has been submitted for review and comment by the following state agencies where applicable:

               (A)   Division of water resources;

               (B)   Division of environmental protection; and

               (C)   Health division.

         c.   Application; Contents: The application shall show a comprehensive development plan and require such information as is reasonably necessary to disclose to the city:

            (1)   The location and size of the site and the nature of the ownership interests in the land proposed to be developed.

            (2)   The density of land use to be allocated to parts of the site to be developed.

            (3)   The location and size of any common open space and the form of organization proposed to own and maintain any common open space.

            (4)   The use and the approximate height, bulk and location of buildings and other structures.

            (5)   The ratio of residential to nonresidential use.

            (6)   The feasibility of proposals for disposition of sanitary waste and storm water.

            (7)   The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

            (8)   The provisions for parking of vehicles and the location and width of proposed streets and public ways. Required modifications to existing street and public way plans of the city must also be specifically addressed.

            (9)   The required modifications in the otherwise applicable existing municipal land use regulations to the subject property and proposed uses.

            (10)   In the case of plans which call for development over a period of years, stages or phases, a schedule showing the proposed times within which applications for final approval of all sections of the development are intended to be filed.

         d.   Public Hearing: Notice; time limited for concluding hearing; extension of time.

            (1)   After the filing of an application, a public hearing on the application shall be held by the city council, public notice of which shall be given in the manner prescribed by law for hearings on amendments to a zoning ordinance.

            (2)   The city council may continue the hearing from time to time and may refer the matter to the planning staff and/or community development department for a further report, but the public hearing or hearings shall be concluded within sixty (60) days after the date of the first public hearing unless the developer/owner consents in writing to an extension of the time within which the hearings shall be concluded.

         e.   Grant, Denial Or Conditioning Of Tentative Approval By Minute Order; Specifications For Final Approval: The city council shall, following the conclusion of the public hearing, by minute action:

            (1)   Grant tentative approval of the development plan as submitted; or

            (2)   Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

            (3)   If tentative approval is granted, with regard to the development plan as submitted or with regard to the development plan with conditions, the city council shall, as part of its action, specify the drawings, specifications and form of performance or other bond that shall accompany an application for final approval; or

            (4)   Deny tentative approval to the development plan.

         f.   Minute Order; Findings Of Fact Required: 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 particular special development district.

            (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 special development.

            (4)   The purpose, location and amount of the common open space in the special development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of 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 development to the neighborhood in which it is proposed to be established.

            (7)   In the case of a plan which proposed 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 development in the integrity of the plan.

         g.   Minute Order: Specification of time for fling application for final approval. Unless the time is specified in an agreement entered into pursuant to Nevada Revised Statutes 278.0201, if a plan is granted tentative approval, with or without conditions, the city shall 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.

         h.   Status Of Plan After Tentative Approval; Revocation Of Tentative Approval:

            (1)   A copy of the minutes must be mailed to the developer/owner.

            (2)   Tentative approval of a plan does not qualify a plat of the development for recording or authorize development or the issuance of any building permits. A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the developer/owner, may not be modified, revoked or otherwise impaired by action of the city pending an application for final approval, without the consent of the developer/owner. However, impairment by action of the city is not stayed if an application for final approval has not been filed, or in the case of development over a period of years applications for final approval of the several parts have not been filed, within the time specified in the minutes granting tentative approval.

            (3)   The tentative approval must be revoked and the portion of the area included in the plan for which final approval has not been given is subject to local ordinances if:

               (A)   The developer/owner elects to abandon the plan or any part thereof, and so notifies the city in writing; or

               (B)   The developer/owner fails to file application for the final approval within the required time.

      2.   Proceedings For Final Approval:

         a.   Application for final approval; public hearing not required if substantial compliance with plan tentatively approved.

            (1)   An application for final approval may be for all the land included in a plan or to the extent set forth in the tentative approval for a section thereof. The application must be made to the city within the time specified by the minutes granting tentative approval.

            (2)   The application must include such maps, drawings, specifications, covenants, easements, conditions and form of performance bond, payment bonds or other sureties as were set forth in the minutes at the time of the tentative approval and a final map if required by the provisions of Nevada Revised Statutes 278.010 to 278.630, inclusive.

            (3)   A public hearing on an application for final approval of the plan, or any part thereof, is not required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan which has been given tentative approval.

         b.   What constitutes substantial compliance with plan tentatively approved. The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the developer/owner of the plan as tentatively approved does not:

            (1)   Vary the proposed gross residential density or intensity of use;

            (2)   Vary the proposed ratio of residential to nonresidential use;

            (3)   Involve a reduction of the area set aside for common open space or the substantial relocation of such area;

            (4)   Substantially increase the floor area proposed for nonresidential use; or

            (5)   Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings. A public hearing need not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage.

         c.   Plan not in substantial compliance; alternative procedures; public hearing; final action.

            (1)   If the plan, as submitted for final approval, is not in substantial compliance with the plan as given tentative approval, the city shall, within thirty (30) days of the date of the filing of the application for final approval, notify the developer/owner in writing, setting forth the particular ways in which the plan is not in substantial compliance.

            (2)   The developer/owner may:

               (A)   Treat such notification as a denial of final approval;

               (B)   Refile his plan in a form which is in substantial compliance with the plan as tentatively approved; or

               (C)   File a written request with the city that it hold a public hearing on his application for final approval.

               (D)   If the developer/owner elects the alternatives set out in subsection E2c(2)(B) or E2c(2)(C) of this section, he may refile his 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 he was authorized by the minutes granting tentative approval to file for final approval, or thirty (30) days from the date he received notice of such refusal, whichever is the later.

            (3)   Any such public hearing shall be held within thirty (30) days after request for the hearing is made by the developer/owner, and notice thereof shall be given and hearings shall be conducted in the manner prescribed in Nevada Revised Statutes 278A.480.

            (4)   Within twenty (20) days after the conclusion of the hearing, the city shall, by minute action, either grant final approval to the plan or deny final approval to the plan. The grant or denial of final approval of the plan shall, in cases arising under this section, contain the matters required with respect to an application for tentative approval by Nevada Revised Statutes 278A.500.

         d.   Action brought upon failure of city to grant or deny final approval. If the city fails to act either by grant or denial of final approval of the plan within the time prescribed, the developer/owner may, after thirty (30) days' written notice to the city, file a complaint in the district court in and for the appropriate county.

         e.   Certification and recordation of plan; effect of recordation; modification of approved plan; fees of county recorder.

            (1)   A plan which has been given final approval by the city, must be certified without delay by the city and filed of record in the office of the appropriate county recorder before any development occurs in accordance with that plan. A county recorder shall not file for record any final plan unless it includes:

               (A)   A final map of the entire final plan or an identifiable phase of the final plan if required by the provisions of Nevada Revised Statutes 278.010 to 278.630, inclusive;

               (B)   The certifications required pursuant to Nevada Revised Statutes 116.2109; and

               (C)   The same certificates of approval as are required under Nevada Revised Statutes 278.377 or evidence that:

                  (i) The approvals were requested more than thirty (30) days before the date on which the request for filing is made; and

                  (ii) The agency has not refused its approval.

            (2)   Except as otherwise provided in this subsection, after the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan cease to apply. If the development is completed in identifiable phases, then each phase can be recorded. The zoning and subdivision regulations cease to apply after the recordation of each phase to the extent necessary to allow development of that phase.

            (3)   Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city except with the consent of the developer/owner.

         f.   Rezoning and resubdivision required for further development upon abandonment of or failure to carry out approved plan. No further development may take place on the property included in the plan until the property is resubdivided and is reclassified by an enactment of an amendment to the zoning ordinance if:

            (1)   The plan, or a section thereof, is given approval and, thereafter, the developer/owner abandons the plan or the section thereof as finally approved and gives written notification thereof to the city; or

            (2)   The developer/owner fails to carry out the development within the specified period of time after the final approval has been granted or the provisions set forth in the development agreement.

      3.   Judicial Review:

         a.   Decisions subject to review; limitation on time for commencement of action or proceeding.

            (1)   Any decision of the city granting or denying tentative or final approval of the plan or authorizing or refusing to authorize a modification in a plan is a final administrative decision and is subject to judicial review in properly presented cases.

            (2)   No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any city unless the action or proceeding is commenced within twenty five (25) days after the date of filing of notice of the final action, decision or order with the clerk of the city. (Ord. 01-01, 2-20-2001)

   A.   Intent And Objectives:

      1.   The P-C district is established to permit and encourage the development of comprehensively planned communities, with a minimum of three thousand (3,000) contiguous acres of land under one ownership or control, which can flourish as unique communities as a result of the comprehensive planning required for this large scale of development. The rezoning of property to the P-C district is appropriate only if the tentative plan, with respect to such property, will accomplish the objectives set forth in subsection A2 of this section.

      2.   In order for property to qualify for P-C district zoning, the developer/owner must demonstrate the potential for achievement of the following specific objectives throughout the planning, design and development stages:

         a.   Providing for an orderly and creative arrangement of land uses with respect to each other, to the entire planned community and to all adjacent land;

         b.   Providing for a variety of housing types, employment opportunities and commercial services to achieve a balanced community for families of a wide variety of ages, sizes and levels of income;

         c.   Providing for a planned and integrated comprehensive transportation system for pedestrian and vehicular traffic, which may include provisions for mass transportation and roadways, bicycle or equestrian paths, pedestrian walkways and other similar transportation facilities;

         d.   Providing for cultural, educational, medical, religious and recreational facilities;

         e.   Locating and siting structures to take maximum advantage of the natural and manmade environment and to provide view corridors; and

         f.   Providing for adequate, well-located and well-designed open space and community facilities.

   B.   Permitted Land Uses And Development Standards: Development in the P-C district may consist of any use or combination of uses that are specifically approved for the property during the proceedings under subsection 8-7C-1E of this article. The developer shall include in the application a listing of the uses proposed and the general arrangement for each land use category within the proposed P-C district. The listing and general arrangement of the approved land uses shall be shown in the tentative plan approval records adopted as part of the P-C district approval.

   C.   Density: The approved application and tentative plan approval process shall establish the maximum number of dwelling units per gross acre for each residential category, as well as for the entire property. The number of dwelling units permitted per gross acre on any parcel in the P-C district shall be determined during the tentative plan approval process.

   D.   Minimum Site Area For Rezoning: The minimum site area that is eligible for rezoning to the P-C district is three thousand (3,000) acres. Any additional tract which contains less than the minimum site area and which is contiguous to property previously zoned P-C may also be zoned P-C by the city council if it otherwise qualifies for the P-C zoning designation and, at the time of such rezoning, is owned by or is under the control of the same developer/owner (including its successors and assigns) that applied for and obtained P-C zoning on the original property so zoned. The rezoning of any such additional property shall be subject to the tentative plan approval process provided in subsection 8-7C-1E of this article.

   E.   Special Application Requirements: In addition to any requirements of subsection 8-7C-4D of this article, plans and documentation which must accompany a rezoning application for a P-C district are as follows:

      1.   A conceptual development plan for the property, including general land use designations, transportation plans and plans for open space and community facilities. A general phasing plan shall be included to indicate the intended timing of development;

      2.   Development standards that set forth: densities; building height, bulk and setback requirements; requirements for signage, landscaping, parking and open space; and procedures for tentative plan approval review and for modifying and deviating from the tentative plan. The community development director, in considering the application to determine the appropriate standards, may consider the standards contained in this title which would otherwise be applicable to the particular types of uses of the proposed development and the developer/owner must establish why the imposition of such standards to the proposed development are not reasonable in the event such standards are required by the community development director;

      3.   Storm drainage information, which shall consist of a preliminary drainage study completed by a registered professional engineer on a map with a minimum contour interval of five feet (5');

      4.   Conceptual utility layout that includes tentative sewer and water main corridors; and

      5.   Proposed conditions, covenants and restrictions, including design guidelines.

   F.   Open Space And Landscape Area Requirements: A minimum of twenty percent (20%) of the gross property area in the P-C district shall consist of open space, recreation facilities, multi-purpose trails, pedestrian and bikeway facilities, other common community facilities and landscaped areas in public rights of way. Any private recreation facility which serves more than one individual lot may be counted as a part of the minimum requirement. Specific open space and landscaped area requirements shall be set forth in the approved tentative plan.

   G.   Street And Subdivision Design Requirements: All development shall conform to the standard street and subdivision design requirements set forth in this code and city standards and specification for public works construction, except as otherwise specifically provided for in an approved tentative plan.

   H.   Nonapplicability Of Other Provisions; Analogous Applications:

      1.   The development standards of the tentative plan shall contain provisions for the processing and review of minor exceptions, deviations, plot plan reviews, tentative plan modifications and other land use control procedures. If such procedures are so provided, they supersede the corresponding procedures set forth in this title.

      2.   With regard to any issue of land use regulation that may arise in connection with the P-C district and that is not addressed or provided for specifically in this article or in an approved tentative plan, the community development director may apply by analogy the general definitions, principles and procedures set forth in this title, taking into consideration the intent of the approved P-C district.

   I.   Development Agreement: Upon final approval of a P-C district, the developer/owner and the city shall be required to enter a development agreement. (Ord. 01-01, 2-20-2001)

   A.   Intent Of R-PD District And Minimum Site Area: The R-PD district is intended to provide for flexibility and innovation in residential development, with emphasis on enhanced residential amenities, efficient utilization of open space, the separation of pedestrian and vehicular traffic, and homogeneity of land use patterns. The R-PD district represents an exercise of the city council's general zoning power as set forth in Nevada Revised Statutes chapter 278.

The minimum site area that is eligible for rezoning to the R-PD zoning district is ten (10) acres. Any additional tract which contains less than the minimum site area, but which is contiguous to property previously zoned R-PD, may also be zoned R-PD by the city council if it otherwise qualifies for the R-PD zoning designation and is approved through the procedures required by subsection 8-7C-1E of this article. Both such properties must be owned by or be under the control of the same property owner.

   B.   Presubmission Conference: Prior to the acceptance of a rezoning application to an R-PD district, a presubmission conference is required between the developer/owner and the community development director.

   C.   Development Review: In addition to the requirements of subsection 8-7C-1E of this article, an applicant shall provide the following information:

      1.   Special application reports:

         a.   The proposed uses for the property and the dimensions and locations of all proposed lots, setbacks, heights, open space and common areas, private drives, public streets and the exterior boundaries shall be set forth in the application. In addition, the layout and design of all perimeter walls, landscaping, access-control gates, and guard stations shall be provided. If the development is to be constructed in phases, each phase shall be delineated on the tentative plan. Each set of plans for each phase shall also include floor plans and elevations of the buildings.

         b.   Drainage and grading information which shall consist of either a contour map or sufficient information indicating the general flow pattern or percentage of slope shall be required.

      2.   The conditions, covenants and restrictions proposed for the development shall also be submitted.

   D.   Development Standards: Except as specifically required herein, the development standards for a project, including minimum front, side and rear yard setbacks, grade changes, densities, maximum building heights, maximum fence heights and fence design, parking standards, standards for any guesthouses/casitas and other design and development criteria, shall be established by the tentative plan approval process. The community development director in determining the appropriate standards, may consider the standards contained in this title which would be applicable to the particular types of uses of the proposed development and the developer/owner must establish why the imposition of such standards to the proposed development are not reasonable in the event such standards are required by the community development director. An R-PD district must contain five (5) or more dwelling units, and all lots within the development must meet at least the following minimum requirements: (Ord. 01-01, 2-20-2001)

      1.   Minimum Lot Size: The minimum lot size for single-family detached residence lots which are located entirely within that section of the R-PD district that was previously located in an R zoning district may be no less than four thousand five hundred (4,500) square feet. The foregoing notwithstanding, the owner/developer must show special considerations which justify to the council, at the council's discretion, any such lots with a minimum lot size of less than six thousand (6,000) square feet. (Ord. 01-06, 4-17-2001)

      2.   Maximum Lot Coverage: Maximum lot coverage shall be fifty percent (50%) for all lots within the R-PD district.

      3.   Minimum Setbacks: There shall be a minimum setback of ten feet (10') between any buildings which are forty feet (40') or less in height and all public or private access right of way designed for limited vehicular traffic, such as minor residential streets, cul-de-sacs, or dead end type streets. A minimum setback of twenty feet (20') shall apply to dwelling units located on collector streets and a minimum setback of thirty feet (30') shall apply to dwelling units located on arterial streets. The setback shall be increased two feet (2') for each additional story above forty feet (40') of height. (Ord. 01-01, 2-20-2001)

      4.   Minimum Distance Between Buildings On The Same Lot: There shall be a minimum distance between detached buildings as follows: Twenty feet (20') for the first forty feet (40') of height; two feet (2') additional for each additional story above forty feet (40') of height. (Ord. 01-06, 4-17-2001)

      5.   Access To Roadways: All lots shall have access to either private or public roads within the R-PD district. Private roads are to be allowed within the R-PD district if they meet the minimum city construction standards. Private roads shall not be permitted along the perimeter of the R-PD district unless approved by the city council. All roads must be designated to tie in effectively with the city's street plans. The city shall be allowed access on private roads and privately owned common open space to ensure the police and fire protection of the area to meet emergency needs and to conduct city service.

      6.   Buffers, Screening: Compatible and complementary buffer areas and/or screening shall be provided between primary residential uses and secondary nonresidential uses within the R-PD district development and between conflicting uses located on the periphery of the development and surrounding developments or zoning districts. Sizes of buffer zones shall be determined during the process of tentative plan approval.

      7.   Fire Resistant Common Walls: Within the buildings, whenever common walls are proposed they shall be two (2) hour fire resistant.

      8.   Fire Hydrants; Fire Lanes: Fire hydrants and fire lanes shall be provided and installed as required by the city.

      9.   Exterior Lighting: Exterior lighting within the development shall be provided on private common drives, private vehicular streets and on public streets. The lighting on all public streets shall conform to the standards approved for regular use elsewhere in the city.

   E.   Permitted Land Uses:

      1.   Single-family and multi-family residential and supporting uses are permitted in the R-PD district to the extent they are determined by the community development director to be consistent with the density approved for the district and are compatible with surrounding uses. In addition, the following uses are permitted as indicated:

         a.   Home occupations for which proper approvals have been secured.

         b.   Childcare family home and childcare group home, to the extent the community development director determines that such uses would be permitted in the equivalent standard residential district.

      2.   For any use which, pursuant to this section, is deemed to be permitted within the R-PD district, the community development director may apply the development standards and procedures which would apply to that use if it were located in the equivalent standard residential district except as may be modified by an approved tentative plan.

      3.   For purposes of this section, the "equivalent standard residential district" means a residential district listed in the zoning code of the city which, in the director's judgment, represents the district which is most comparable to the R-PD district in question, in terms of density and development type.

   F.   Plans Approval, Conditions, Conformance: The city council may attach to the tentative plan whatever conditions they deem necessary to ensure the proper amenities and to assure that the proposed development will be compatible with surrounding existing and proposed land uses.

   G.   Allocation Of Open Space And Common Recreational Facilities:

      1.   Each R-PD district containing twelve (12) or more dwelling units shall allocate and provide open space and common recreational facilities which, at a minimum, comply with the following formula:

DENSITY (UNITS PER ACRE, TO THE NEAREST TENTH) X 1.65 = PERCENTAGE OF GROSS LAND REQUIRED FOR OPEN SPACE/RECREATIONAL AREA

      2.   All common open space as well as public and recreational facilities shall be specifically included in the development schedule and be constructed and fully improved by the developer/owner at an equivalent or greater rate than the construction of residential structures.

      3.   Except as otherwise permitted under subsection G4 of this section, the following do not qualify as required open space or common recreational facilities in an R-PD district:

         a.   Rights of way;

         b.   Required setback areas;

         c.   Drainage easements;

         d.   Vehicle parking areas;

         e.   Landscaped entry features;

         f.   Landscape planters located along major thoroughfares or a collector street; or

         g.   Any area which is not platted as a separate lot, unless it is made available for public use by means of an appropriate access and use easement.

      4.   Any area allocated for public multi-use trails may be counted toward the requirement for open space and common recreational facilities unless is it not intended for open space or common recreational facilities as indicated on the list of exclusions for the trail area.

      5.   Any area allocated for streetscape within a subdivision may be counted toward the requirement for open space and common recreational facilities if:

         a.   The streetscape conforms to the following:

            (1)   A minimum of one 24-inch tree shall be provided for every thirty feet (30') of gross frontage, with a maximum distance of thirty feet (30') on-center between any such tree and the tree nearest to it, whether on the same or different lot;

            (2)   A minimum of four (4) shrubs, each with a minimum size of five (5) gallons, shall be provided for every tree;

            (3)   Bare soil is not permitted. Any streetscape area not covered by vegetation must contain a minimum of two inches (2") of rock mulch decomposed granite, or other acceptable cover;

         b.   Where practical, such streetscape is provided on both sides of the street on all internal streets within the subdivision;

         c.   The area allocated for streetscape is not less than five feet (5') in width, and is directly adjacent to the sidewalk or curb; and

         d.   The area allocated for streetscape is dedicated as a common lot and maintained by an owners' association.

      6.   Open space and common recreational facilities shall be configured so as to permit optimal utilization and shall be more or less centrally located so as to be reasonable and readily accessible from all residences built or proposed for the development. A sidewalk system shall be provided to connect all residential areas to required open space and common recreational facilities. Easy and safe shortcut access to such facilities (or to any adjacent trail system, public park or public recreational facility) should be provided by means of alleyways or pathways that:

         a.   Are cleared and provide for the safe passage of pedestrians or bicycle traffic only, or both;

         b.   Are improved, either with or without paving;

         c.   Have minimum widths as follows:

            (1)   When lined on at least one side with a solid wall of a height not greater than forty two inches (42"), a minimum width of five feet (5');

            (2)   In any other case in which the alleyway or pathway does not exceed one hundred sixty feet (160') in length, a minimum width of ten feet (10'); or

            (3)   In the case of an alleyway or pathway that exceeds one hundred sixty feet (160') in length, a minimum width of ten feet (10'), plus one additional foot in width for each additional eight feet (8') in length beyond one hundred sixty feet (160').

      7.   If the developer/owner elects to administer common open space through an association or nonprofit corporation, said organization shall conform to the following requirements:

         a.   The developer/owner must establish the association or nonprofit corporation prior to the sale of any lots.

         b.   Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the R-PD district, and said association or corporation shall not discriminate in its members or shareholders.

         c.   The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, administration and operation of said land and any other land within the R-PD district not publicly or privately owned and shall secure adequate liability insurance on the land.

         d.   If the developer/owner elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space.

         e.   Said association or nonprofit corporation shall not be dissolved nor shall dispose of any common open space, by sale or otherwise, without first offering to dedicate such common open space to the city, which offer shall be accepted or rejected within one hundred twenty (120) days.

         f.   Said association or nonprofit corporation may make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the R-PD district plan. The assessment shall be made ratable against the properties within the planned R-PD district development that have a right of enjoyment of the common open space.

         g.   Said association or nonprofit corporation established for ownership and maintenance of common open space and receiving payments from owners of the property within the R-PD district shall:

            (1)   Immediately deposit such payments in a separate trust account maintained by it with some bank or recognized depository in this state.

            (2)   Keep records of all payments deposited therein and all disbursement therefrom.

   H.   Assessment: The city, association, nonprofit corporation and developer/owner who retains ownership, control and maintenance of a common open space shall have all rights of assessment, enforcement of assessment lien and other procedures available to said individual, corporation association or other business entity as set forth in Nevada Revised Statutes chapter 278A.

   I.   Development Agreement: Upon final approval of an R-PD district, the developer and the city shall be required to enter a development agreement. (Ord. 01-01, 2-20-2001)

   A.   Intent Of District: The intent of the planned development district (PD) is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or multi-use planned development. The rezoning of property to the PD district may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals:

      1.   Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community.

      2.   Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities.

      3.   Providing for flexibility in the distribution of land uses, in the density of development, and in other matters typically regulated in zoning districts.

      4.   Providing for cultural, civic, educational, medical, religious or recreational facilities, or any combination thereof, in a planned or a unique setting and design.

      5.   Providing for the redevelopment of areas where depreciation of any type has occurred.

      6.   Providing for the revitalization of designated areas.

      7.   Promoting or allowing development to occur in accordance with a uniform set of standards which reflect the specific circumstances of the site.

      8.   Avoiding premature or inappropriate development that would result in incompatible uses or would create traffic and public service demands that exceed the capacity of existing or planned facilities.

      9.   Encouraging area-sensitive site planning and design.

      10.   Contributing to the health, safety and general welfare of the community and providing development which is compatible with the city's goals and objectives.

   B.   Rezoning And Minimum Site Area: Property may be rezoned to the planned development district by the city council in accordance with the requirements of subsection 8-7C-1E of this article. The minimum site area for a planned development district is twenty (20) acres, except that the city council may waive this requirement when proper planning justification is shown.

   C.   Presubmission Conference:

      1.   In the case of property that is sought to be reclassified to the planned development district by the property owner, the developer/owner must meet with the community development director, or the director's designee, before the city has any obligation to accept the rezoning application as complete.

      2.   In addition to the submittals required by subsection 8-7C-1E of this article, the following must accompany an application for rezoning submitted to planned development district by a developer/owner:

         a.   A metes and bounds description of the proposed planned development district.

         b.   A proposed tentative plan for the entire site.

         c.   Development standards that are proposed to be applied to the development. The community development director may apply the development standards and procedures which would apply to a particular use if it were located in the equivalent standard zoning district except as may be modified by an approved tentative plan.

         d.   Any proposed conditions, covenants and restrictions for the development, including easements and grants for public utility purposes.

         e.   The location of primary and secondary thoroughfares proposed for the development, including right-of-way widths and the location of access points to abutting streets.

         f.   Identification of all rights of way, easements, open spaces or other areas to be dedicated, deeded or otherwise transferred to the city.

         g.   A plan for the extension of any necessary public services and facilities, including sewer facilities and facilities for flood control and drainage.

         h.   Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, landscape, open space and signage concepts.

         i.   The location and description of all buffering that is proposed between the development site and adjacent properties.

         j.   Additional information and detail as may be required in order to respond to the unique characteristics of the site and its location.

   D.   Permitted Uses And Standards: Any combination of residential, commercial, industrial or public uses may be permitted within a specific planned development district to the extent they are consistent with the tentative plan for that district. The uses to be permitted within the district must be specified in the tentative plan. Because of the nature and purpose of the planned development district, and notwithstanding any other provision of this article:

      1.   An application to rezone property to the planned development district may be denied by the city council, at its complete discretion, if it finds that the proposed development is incompatible or out of harmony with surrounding uses or the pattern of development within the area.

      2.   No use, type of development or development standard is presumptively permitted within the planned development district unless it already has been included in the adopted tentative plan for the district.

      3.   An application to allow within the planned development district a particular use, type of development or development standard which has not already been included in the tentative adopted plan for the district may be denied if it is incompatible or out of harmony with the surrounding uses or the pattern of development within the area.

      4.   The community development director or city council may, at its complete discretion, require open space and management/ownership of open space in a PD district analogous to that required in R-PD districts.

   E.   Issue Resolution; Analogous Standards: With regard to any issue of land use regulation that may arise in connection with a planned development district and that is not addressed or provided for specifically in this article or in the approved tentative plan, the community development director may apply by analogy the general definitions, principles, standards and procedures set forth in equivalent zoning of that use in this title, taking into consideration the intent of the approved tentative plan.

   F.   Development Agreement: Upon final approval of a PD district, the developer/owner and the city shall be required to enter a development agreement. (Ord. 01-01, 2-20-2001)