White Pine County Unincorporated
City Zoning Code

   A.   The White Pine County commission may approve an application for a special use permit under the following conditions:

      1.   The proposed use exceeds a ten percent (10%) deviation from the requirements of the zoning designation.

      2.   The county commission has determined that the proposed use with the appropriate restrictions or conditions will not be significantly detrimental to the public health, safety, or general welfare; will not be injurious to the property or improvements of adjacent properties; will not be detrimental to the character of the surrounding area;, or will not be inconsistent with the general purposes and intent of this title or land use plan. When making its determination, the county commission may consider whether the proposed land use possesses any of the characteristics addressed in White Pine County Code Section 17.88.005(A).

      3.   The White Pine County commission has reviewed the application, the supplemental information and findings of fact, comments from the public hearing, the zoning map, and the county's land use plan and has determined that the proposed use is sufficiently similar in nature to the use in the zoning designation or surrounding designations or that it is in compliance with the goals and recommendations for the vicinity identified in the county's land use plan to allow it to occur within its existing zone if it operates in accordance with specific conditions identified through the application and review process.

      4.   Issuance of a zone change for the proposed use would constitute "spot zoning" or the county commission determines that it would be unwise to allow future development that could involve any or all of the permitted uses of the new zoning designation. (Ord. 506, 2020; Ord. 447, 2013)

   A.   The White Pine County commission may deny an application for a special use permit under the following conditions:

      1.   The county commission determines that the proposed use, even with restrictions or conditions, would be significantly detrimental to the public health, safety, or general welfare injurious to the property or improvements of adjacent properties; be detrimental to the character of the surrounding area: or be inconsistent with the_ general purposes and intent of this title or land use plan.    When making its determination, the county commission may consider whether the proposed land use possesses any of the characteristics addressed in White Pine County Code Section 17.88.005(A).

   A.   Information Package: In response to an inquiry for a special use permit, the building and planning department will provide an information package explaining the criteria, general policies, and procedures to the potential applicant to assist in determining if they should proceed with the application.

   B.   Letter Of Opinion: If the initial review of an inquiry or application for a special use permit indicates that no action is needed, a letter of opinion will be issued by the building and planning department to the potential applicant within ten (10) business days of the inquiry.

   C.   Application Package: The applicant for a special use permit must submit:

      1.   A completed application form including a detailed description of the proposed use.

      2.   A copy of the assessor's parcel map of the property showing the size, configuration of the plot, the affected properties, and the property ownership of the affected properties.

      3.   A statement signed by the applicant that the proposed use shall comply with all local, state, and federal regulations pertinent to the activity pursued and that the applicant understands that he/she is responsible to contact the building and planning department, other agencies which may have additional requirements or limitations regarding the proposed use.

      4.   The application must be accompanied with the assessor's certification that the applicant is current property owner or a copy of an accepted offer to purchase contingent on approval of the special use permit.

      5.   The signed application package must be accompanied with the fee for a special use permit.

      6.   If the project is located on federal or state land, and if any appropriate documents related to the environmental review by state or federal land management agencies satisfy the requirements outlined for all or any part of a special use permit application, those documents may be submitted in lieu of any of the required documentation.

   D.   Renewable Energy Generation Project: All applications for renewable energy generation project special use permits shall include the following:

      1.   Project Description: A detailed project description of the proposed renewable energy generation project including a legal description of the property on which the project would be located and any existing easements, including conservation or restrictive use easements, or a preliminary title report;

      2.   Maps: Maps showing the physical features and land uses of the project area, both before and after construction of the proposed energy project. The applicant must include at least one map of the proposed project site printed on a standard eight and one-half inch by eleven inch (81/2" x 11") page. The applicant must also include maps, diagrams, or color photographs that show:

         a.   The project area boundaries;

         b.   The location, height and dimensions of all existing and proposed structures and fencing including building elevations (in color);

         c.   Existing topography of the site;

         d.   Water bodies, waterways, wetlands and drainage channels;

      3.   Distance Requirements: Applicant must show the location of and distance to surrounding uses that may be affected by the proposed renewable energy generation project. Applicant must also show the location and distance to public or private airports or airstrips. In order to protect existing uses that are adjacent to the project, the proposed facility must be located a specified distance from any adjacent properties that may be impacted by noise or other externalities created by the project. This specified distance will meet any existing setback requirements or, if there are none, will be determined by staff, in conjunction with the applicant, and shall be based on an analysis of the project's externalities together with the nature of the surrounding uses;

      4.   Requirements From Other Agencies: Applicant must provide a list of permits, approvals or other actions that the applicant has requested or will request from other government agencies;

      5.   Transmission: A description of any new transmission or distribution facilities and/or gen-tie lines that will be built in association with the project;

      6.   Meteorological Or Wind Testing Towers: Provide locations, site map, and height of tower;

      7.   Travel Routes And Roads For Existing And Proposed Roads:

         a.   A detailed map showing travel routes and roads to and within the proposed site(s) and estimates of traffic loads and quantities both during construction and at build out/operations phase;

         b.   County road department or staff will determine, in consultation with the applicant, the potential impact and mitigation measures, if any, that will be required of the applicant. Any mitigation requirements shall be proportionate to the impact from the proposed project;

         c.   All nonpaved temporary or permanent on site roads and staging areas shall be constructed to fire apparatus access road and turnaround specifications and improved pursuant to county standards or specifications of the Orange Book;

         d.   During site development and construction, the applicant must regularly water or otherwise mitigate roads and staging areas as necessary to minimize dust and wind erosion;

      8.   Grading: A technical report showing that construction and operation of the project including, but not limited to, the development, operation, and reclamation of all roads, access corridors, foundation pads, equipment storage and staging areas, and all related facilities, will conform to accepted slope stability requirements and all Nevada division of environmental protection (NDEP) best management practices (BMPs);

      9.   Weed Control: A plan for weed control, specifically to hinder the spread of invasive and nonnative species onto adjacent property. The plan should account for activities during both construction and operation and may include mitigation activities such as wash stations for construction vehicles;

      10.   Lighting: A plan showing lighting on and around the project and all related facilities including, but not limited to:

         a.   Lighting mitigation measures that follow "dark sky" lighting practices including, but not limited to: all proposed lighting shall be located to avoid light pollution onto any adjacent lands as viewed from a distance; all lighting fixtures shall be hooded and shielded, face downward, located within soffits and directed onto the pertinent site only, and away from adjacent parcels or areas;

         b.   The lighting plan should indicate the types of lighting and fixtures, the locations of fixtures, lumens of lighting, and the areas illuminated by the lighting plan;

         c.   Any required FAA lighting should be consolidated and minimized wherever possible, so long as it still meets FAA requirements and intent;

      11.   Noise: If applicable, a plan for noise mitigation including buffering if needed to reduce noise impacts. Generation equipment shall not emit normal or consistent noise levels in excess of sixty five (65) dBA time weighted average, as measured at the property line at which the facility is located or one-half (1/2) mile from the plant, whichever is closer. Adjustments for ambient noise will be made and irregular, short periods of exceedance will be tolerated in association with anomalies or maintenance;

      12.   Water: The plan shall indicate the amount, place of origin, and place of disposal, if any, of all water and effluent that will be used or reused in connection with construction, management, operation and maintenance of the renewable energy generation project, including water used for drilling, including washing facility components, machine components (i.e., blades), and making concrete for foundation pads and other structures within the facility. Any plan created or measures put in place to meet regulations pursuant to state oversight from the Nevada division of environmental protection and/or the state division of water resources may be submitted to meet the requirements of this section;

      13.   Drainage And Erosion Control: A drainage and erosion control plan for construction and operation developed in consultation with White Pine County. Any plan created or measures put in place to meet regulations pursuant to state oversight from the Nevada department of environmental protection may be submitted to meet the requirements of this section;

      14.   Environmental Impacts: Assurance that the proposed project can be designed, constructed and operated without significant adverse impact to fish, wildlife and native plant resources, including fish and wildlife habitat, migratory routes and state or federally listed threatened or endangered fish, wildlife or plant species;

      15.   Fire And Emergency Protection: A plan developed in consultation with White Pine County emergency management and fire department, and the Nevada state fire marshal prior to construction shall address all activities at the proposed project site from the start of construction through operation, and shall result in a response plan to address all identified potential fire, rescue, evacuation and hazardous materials scenarios. Any plan created or measures put in place to meet regulations pursuant to state oversight from the Nevada department of environmental protection and/or the state fire marshal may be submitted to meet the requirements of this section;

      16.   Revegetation Plan: Applicant must provide a revegetation plan for restoring areas temporarily disturbed during construction;

      17.   Closure, Removal, And Postclosure: If a postclosure plan has been required by any state or federal entity a copy of said plan shall be provided to the county. If no state or federal entity has required a postclosure plan, the applicant will enter into an agreement with White Pine County to develop and submit said plan for fundamental commitments to site restoration. The applicant is required to return the subject property to the condition existing prior to construction and establishment of the renewable energy generation project. In order to meet this goal the postclosure plan shall include:

         a.   Removal of aboveground and underground equipment structures and foundations to a depth of at least three feet (3') below grade;

         b.   Restoration of the surface grade and soil and revegetation of restored soil areas with native seed mixes;

         c.   A schedule for completion of restoration work;

         d.   A detailed cost estimate for site restoration in current year dollars, including an explanation of the basis for cost estimates and assumptions;

      18.   Bond For Assurance Of Postclosure Remediation: Unless required by a state or federal entity, the county may require the applicant to submit a bond or letter of credit in a form and amount satisfactory to White Pine County, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition, if the operator fails or is otherwise unable to restore the site as required by the permit.

         a.   The amount of the bond or letter of credit shall be adjusted for inflation using the U.S. gross domestic product implicit price deflator;

         b.   The applicant shall increase the amount of the bond or letter of credit annually by the percentage increase in the index and shall prorate the amount within the year to the date of retirement. If at any time the index is no longer published, White Pine County shall select a comparable index for adjusting the amount;

         c.   The certificate holder shall describe the status of the bond or letter of credit in an annual report submitted to White Pine County;

         d.   The bond or letter of credit shall not be subject to revocation or reduction before retirement of the energy project site;

      19.   Bond For Assurance Of Remediation Of Impacts To County Roads: The county may require a separate bond to support necessary maintenance and repair on county roads if not completed by the applicant.

      20.   Application And Requirements: All of the requirements for review, evaluation, and decision to approve, deny, or approve a special use permit with special conditions pursuant to this chapter shall be met. (Ord. 452, 2014: Ord. 447, 2013)

   A.   The building and planning department will review the application package and provide the applicant with a dated and written determination that the application is complete or a list of the required information and/or documentation needed within ten (10) business days of receipt of the package. Once the additional information and/or documentation is provided, the building and planning department will provide the applicant with a dated and written notice that the package is complete.

   B.   The building and planning department will determine the property owners within three hundred feet (300') of the applicant property boundaries and will notify the applicant of the number of notifications to be sent and the cost. The applicant must provide the advertising and notification fee before the application process can proceed.

   C.   Upon receipt of the advertising and notification fees, the building and planning department will schedule a public hearing on the county commission agenda not more than sixty five (65) days from the date the fees have been received and will generate both the legal advertisement and the notification of property owners in compliance with Nevada Revised Statutes 278.260.

   D.   The building and planning department staff will provide copies of the application to any governmental or other agency when the safeguarding of the public health, safety, or welfare requires a study of the use requested by the agency affected. Comments on potential impacts of the proposed use will be collected to support the findings of fact. This will include, but not be limited to, the county sheriff's office; county fire department; county emergency medical services; county road department; county planning commission; district attorney; utility providers including water, sewer, telephone, cable TV, and electrical services; and the White Pine County school district. As needed, the application will be provided to the Nevada department of transportation, Nevada consumer health protection services, state and federal land management agencies, and appropriate town councils or town advisory boards. If the building and planning department determines that the proposed application is within a wellhead protection district as defined in chapter 17.22 of this title, the application will be provided to the appropriate public water system operator. One copy of the full application will be provided to the White Pine County clerk's office for public review.

   E.   The building and planning department will compile the comments received from governmental agencies, utilities, and if appropriate the town board or council and public water system operators to develop the findings of fact. The findings of fact and accompanying documentation will be provided to the White Pine County commission to be included in the commission meeting packet for distribution and public review and a copy will be provided to the applicant no less than five (5) business days before the public hearing. (Ord. 447, 2013)

The county commission will conduct a public hearing in compliance with Nevada Revised Statutes 278.260 and the Nevada state open meeting law on the application on the date and at the time listed in the public hearing notice. (Ord. 447, 2013)

   A.   Following the public hearing and review of the findings of fact, the county commission may vote to approve the special use permit without conditions, approve it with special conditions, or deny the application.

   B.   Special conditions shall be identified as part of the motion to approve the application.

   C.   The decision to deny an application will include a list of the specific reasons for the denial.

   D.   The county commission may ask to postpone a decision on the application with the concurrence of the applicant to allow time to collect additional information or negotiate special conditions. If the applicant refuses to accept a postponement, the commission will vote on whether to approve or deny the application.

   E.   The decision of the county commission will be made as a resolution which will include either the conditions for approval or the reasons for denial.

   F.   The resolution will be recorded with the White Pine County recorder's office. The original will be kept on file and the applicant will be provided with a confirmed copy.

   G.   The conditions for approval of a special use permit may include a development agreement to ensure, protect, and promote the health, safety, morals, and general welfare of the community. (Ord. 452, 2014: Ord. 447, 2013)

The decision of the White Pine County commission is a final decision for the purpose of judicial review. An applicant or other person aggrieved by a decision of White Pine County commission may appeal that decision to the district court of White Pine County by filing a petition for judicial review within twenty five (25) days after the date of filing of notice of the decision with the clerk or secretary of the governing body, as set forth in Nevada Revised Statutes 278.0235.

If the applicant appeals the decision of the White Pine County commission regarding a renewable energy generation project special use permit and desires further review, the appeal may be submitted to the Nevada state public utilities commission pursuant to the provisions of Nevada Revised Statutes 278.26506. (Ord. 452, 2014)

   A.   Revocation Of A Special Use Permit:

      1.   In the event any or all of the terms, or conditions associated with a special use permit are not adhered to, the permit may be subject to revocation by the county commission. If the building and planning department determines that the activity no longer fits the provisions outlined in the resolution approving a special use permit, the permittee will be informed in writing and will have sixty (60) days to work with the building and planning department to correct the deficiencies. If the deficiencies are satisfactorily addressed, the building and planning department will provide written certification that the activity has been revised to meet the special use permit criteria.

      2.   If the owner does not respond to the notice of noncompliance, or if the issues cannot be addressed successfully within the sixty (60) day period, the building and planning department will provide the permittee with a written notice that a request to consider revocation of the permit will be forwarded to the county commission to be placed on the next county commission agenda for a decision.

      3.   The special use activity may continue until a final decision is rendered.

   B.   Complaint:

      1.   A complaint that the special use permit is not being conducted in compliance with the special terms and conditions of the permit may be filed by an aggrieved party at any time. Upon receipt of a complaint, the building and planning department will notify the owner and investigate the complaint. If the activity is deemed appropriate for the terms and conditions of the special use permit a written response will be provided to the owner and the complainant(s) and the complainant(s) will be referred to the district attorney's office if they wish further action. If the building and planning department determines that the activity is not appropriate, the complaint and results of the investigation will be forwarded to the district attorney's office for action. (Ord. 447, 2013)