White Pine County Unincorporated
City Zoning Code

   A.   The White Pine County commission may approve an application for a variance if the following conditions are met:

      1.   Pursuant to Nevada Revised Statutes 278.300 a variance may be issued:

   (Ord. 447, 2013)

   A.   An application for a variance may be denied if:

      1.   It does not meet the criteria listed above.

      2.   A review of the application, supporting information, findings of fact, and public hearing shows that granting the variance would significantly impair public health, safety, or general welfare, would create hardship for neighboring property owners, or would result in substantial and costly impacts to county infrastructure and services. (Ord. 447, 2013)

   A.   Information Package: In response to an inquiry for a variance, 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 variance 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 variance must submit:

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

      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 or construction activity 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 or construction activity.

      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 variance.

      5.   The signed application package must be accompanied with the fee for a variance. (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 variance 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 variance without conditions, approve it with special conditions, or deny the application. Special conditions shall be identified as part of the motion to approve the application.

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

   C.   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.

   D.   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.

   E.   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. (Ord. 447, 2013)

The decision of the county commission is final for the purpose of judicial review. (Ord. 447, 2013)

   A.   Revocation Of A Variance:

      1.   In the event any or all of the terms, or conditions associated with a variance are not adhered to, the variance may be subject to possible 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 variance, the applicant 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 variance 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 applicant with a written notice that a request to consider revocation of the variance will be forwarded to the county commission to be placed on the next county commission agenda for a decision.

   B.   Complaint:

      1.   A complaint that the variance is not being conducted in compliance with the special terms and conditions of the variance may be filed by an aggrieved party at any time.

      2.   Upon receipt of a complaint, the building and planning department will notify the owner and investigate the complaint.

      3.   If the activity is deemed appropriate for the terms and conditions of the variance 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.

      4.   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)