POST DECISION PROCEEDINGS
Sections:
20.28.010 Re-application following denial.
20.28.020 Appeals to county.
20.28.030 Judicial appeals.
20.28.040 Amendments and revisions to approval.
20.28.010 Re-application following denial.
Whenever any application for a development permit is denied for failure
to meet the requirements of this title, an application for a development permit
for all or a part of the same property shall not be considered for a period
of one year from the date of denial unless the subsequent application involves
a proposal that is materially different from the previously denied proposal.
(Ord. 763, 1996; Ord. 613, 1993) 
20.28.020 Appeals to county.
A. Any person with standing, aggrieved by a final determination on a development
permit by the director or final decision-maker may appeal the final determination
to the appellate body designated by this title, if any, in the manner provided
in this chapter.
B. The following persons have standing to appeal:
1. Any person with legal or equitable interest in the property affected
by the final decision;
2. Any person with legal or equitable interest in property located
within the notice radius for the given project;
C. A written notice of appeal must be filed with the community
development department within ten working days of the date of the final decision.
The notice of appeal shall be filed on a form provided by the county and contain
a written statement of the reasons why the final decision is erroneous or why
conditions to the approval are erroneous, and shall be accompanied by the fee
established by resolution.
D. The appellate body shall hear the appeal within 25 working
days after the filing of the notice of appeal and applicable fees. The hearing
shall be conducted in accordance with the provisions of chapter 20.20. If the
person appealing the decision is not the a pplicant, personal notice of the
hearing is required to be sent to the applicant pursuant to section 20.20.030.
The appellate body, i n reviewing the decision, will be guided by the statement
of purpose underlying the regulation of the improvement of land expressed in
NRS 278.020.
E. The appellate body may affirm, reverse or modify only those
items raised in the appeal. The appellate body may attach any conditions reasonably
necessary when approving a permit that was denied by the director or the final
decision-maker, as provided in chapter 20.14.
F. The decision of the board or the board of adjustments is a final decision
for the purpose of judicial review. (Ord. 970, 2001; Ord. 801, 1997; Ord.
763, 1996; Ord. 669, 1994; Ord. 641, 1994; Ord. 613, 1993; Ord. 494, 1989; Ord.
390, 1981)
20.28.030 Judicial appeals.
A person aggrieved by the final decision of the board or board of adjustments
may file for judicial review within 25 days from the date of filing of notice
of the final decision with the secretary of the hearing body. (Ord. 970, 2001;
Ord. 763, 1996)
20.28.040 Amendments and revisions to approval.
A. The director, upon submittal of the applicable form, materials and fee,
may approve minor amendments to the terms of approval of an application for
a development permit. Minor revisions must be authorized in writing by the
director and are subject to appeal pursuant to chapter 20.28. Minor revisions
that may be authorized are those that appear necessary in light of technical
considerations requested by the applicant or the director and shall be limited
to the following:
1. Requests that involve less than 25 percent of the building area
or project site area;
2. Requests that involve minor changes in color, material, signage,
design, landscape material or parking or driveway orientation; or
3. 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. All other revisions shall be considered major revisions. Where the holder
of an approved application for a development permit wishes to make a major revision
to the approval which is not covered by subsections 1 through 3 above, an application
including all required materials and fees shall be submitted to the community
development department and forwarded for approval of the final decision-maker
in accordance with the procedures established for the original approval. (Ord.
763, 1996; Ord. 641, 1994;)
