PLANNED DEVELOPMENT (PD) OVERLAY
Sections:
20.676.010 (PD) Purpose.
20.676.020 (PD) General provisions.
20.676.030 (PD) Application for establishing a planned development.
20.676.040 (PD) Approval of planned development and required
findings.
20.676.050 (PD) Permitted uses.
20.676.060 (PD) Planned development, generally, components.
20.676.070 (PD) Standards.
20.676.080 (PD) Density and intensity standards.
20.676.090 (PD) Increases in density.
20.676.100 (PD) Open space requirements.
20.676.110 (PD) Revision procedure.
20.676.120 (PD) Minimum area requirements.
20.676.130 (PD) Public improvements.
20.676.140 (PD) Filing fees.
20.676.150 (PD) Development schedule.
20.676.160 (PD) Development schedule, review by planning commission.
20.676.170 (PD) Development schedule, revocation or amendment,
extension.
20.676.180 (PD) Identification.
20.676.190 (PD) Compliance with chapter, application restricted.
20.676.200 (PD) Status of plan after tentative approval.
20.676.210 (PD) Revocation of tentative approval.
20.676.220 (PD) Procedure for final plan approval.
20.676.230 (PD) Procedure on determination of noncompliance
20.676.240 (PD) Certification, filing and recording of approved
plan.
20.676.250 (PD) Effect of recordation.
20.676.010
(PD) Purpose
A. The Planned Development (PD) overlay is intended to provide a method
of comprehensive planning for smaller, less complex development projects than
are typically processed with a specific plan, and which meets one or more of
the following criteria:
1. The project site contains topographic constraints, environmental
resources, or other features which require special planning consideration;
2. A more efficient and desirable design can be achieved through
flexible design standards or mixed land use patterns than can be attained through
the strict adherence to zoning standards;
3. Adequate public facilities and infrastructure exist or can be
provided to the project site to serve the proposed type and intensity of development;
4. Detailed development plans are known at the time the comprehensive development plan is prepared, allowing combined review and approval;
5. Build out of the planned development project area is contemplated within the scope and duration of the plan.
6.The project is located
within a receiving area as shown on the master plan land use maps, and is proposing
to utilize transfer development rights. (Ord. 890, 1999; Ord. 801, 1997; Ord.
763, 1996; Ord. 667, 1968; Ord. 167, 1968; Ord. 158, 1967)
20.676.020
(PD) General provisions.
A. A planned development overlay may be proposed as an overlay zone within
any zoning district, provided that the type and intensity of uses is consistent
with the master plan and the base zoning district or districts.
B. A planned development is typically utilized for projects of at least
five acres in area. The project site must be of sufficient size to allow provision
of design benefits and site amenities through flexibility of development regulations.
Projects of a larger scale are more appropriately evaluated through the specific
plan process as described in section 20.612.
C. When adopted by the board, a planned development overlay shall be depicted
on the official zoning map with an identification number, for purposes of disclosure.
D. All applications for planned development overlay shall include and
combine the applications for land use approval necessary for project implementation,
including but not limited to subdivision of land, design review and special
use permit. Where the project is located within a receiving area as shown on
the master plan land use maps, the base zoning will be established concurrently
as part of the planned development process.
E. The planned development overlay is a combined zoning
district that may be established in conjunction with any base zoning district
for purposes of authorizing a planned development.
F. An application for establishment of the planned development overlay
shall be reviewed and approved in a procedure that combines the procedures for
approval of a zoning map amendment set forth in section 20.610.020,
tentative subdivision map approval, as set forth in chapter 20.708,
and special use permit, set forth in chapter 20.604.
G. The planned development project must be inaugurated within the time-frame
as established by a development schedule pursuant to section 20.676.150.
One extension of time may be granted by the board up to an additional two years
from the original expiration date.
H. Planned development projects approved prior to the adoption of this
title shall have the same yard and building setback requirements as that indicated
in the original planned development approval or if not mentioned in the original
approval, that which existed in code at the time of original approval.
I.
Planned developments in receiving areas must use transfer development rights
in connection with any change in intensity or density of use, including any
change to a residential, commercial, or industrial zoning district or combination
thereof. (Ord. 1008, 2002; Ord. 890, 1999; Ord. 801, 1997; Ord.763, 1996;
Ord. 167, 1968)
20.676.030
(PD) Application for establishing a planned
development.
A. Applications for the establishment of, or reclassification
to, the planned development overlay must include
a development plan as described in section 20.676.060.
The zone establishment or reclassification must
be processed as provided for amending a zoning
district in chapter 20.610. The special use
permit portion of the application must meet the
requirements of chapter 20.604. Applications
must be submitted to the community development
department on a form provided by the director.
B. Applications
may be initiated by the owner of the land. Consideration
of the application with a tentative map will
follow the procedure provided in chapter 20.708,
subdivision application procedure and approval
process, but shall include all of the elements
of review and approval provided in this chapter. The
board, upon recommendation of the planning commission,
may approve, disapprove, modify, or attach conditions
to a development plan. (Ord. 763, 1996; Ord.
167, 1968)
20.676.040 (PD) Approval
of planned development and required findings.
A. The planning commission, after a public hearing, may recommend the
establishment of a planned development overlay and the board, after a public
hearing, may by ordinance establish a planned development overlay district and
approve the planned development provided they find, taking into account the
recommendations of the reviewing agencies, that the facts submitted with the
application and presented at the public hearings establish in the affirmative
the following:
1. The plan is consistent with the statement of objectives of a
planned development contained in the master plan and in this chapter.
2. The extent that the plan departs from zoning and subdivision
regulations otherwise applicable to the property, including but not limited
to density, bulk and use, are deemed to be in the public interest.
3. The ratio of residential to non-residential use in the planned
development is consistent with the master plan.
4. The purpose, location and amount of the common open space in
the planned development, the reliability of the proposals for maintenance and
conservation of the common open spaces are adequate 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
of the planned development makes provisions for adequate public facilities,
as required by this code.
6. The proposed development is compatible with and preserves the
character and integrity of adjacent development and neighborhoods.
7. Any development-related adverse impacts, such as traffic, noise,
odors, visual nuisances, or other similar adverse effects to adjacent development
and neighborhoods, are mitigated by improvements or modifications either on-site
or within the public right-of-way.
8. Where a development plan 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 development and the integrity
of the plan and, where the plan provides for phases, the period in which the
application for each phase must be filed.
9. That each individual unit or phase of the development, if built
in stages, as well as the total development, can exist independently and be
capable of creating a good environment in the locality and be as desirable and
stable in any phase as in the total development.
10. The uses proposed will not be a detriment to the present and
proposed surrounding land uses, but will enhance the desirability of the area
and have a beneficial effect.
11. Any deviation from the standard ordinance requirements is warranted
by the design and additional amenities incorporated in the development plan
which offer certain unusual redeeming features to compensate for any deviations
that may be permitted.
12. The planned development will not result in material prejudice
or diminution in value of surrounding properties, and will not endanger the
health, safety and welfare of the community.
13. The subdivision of land proposed in the planned development
meets the requirements of the Nevada Revised Statutes and this code.
14. The subdivision of land proposed in the planned development
conforms to the density requirements, lot dimension standards and other regulations
applicable to planned developments.
15. The subdivision of land proposed in the planned development
conforms to the improvement and design standards contained in the development
code and adopted design criteria and improvement standards.
16. Where applicable, adequate transfer development rights have
been established consistent with the number of proposed units within the planned
development.
17. The planned development has a beneficial relationship to the
neighborhood in which it is proposed to be established.
B. The granting or denial of tentative approval must set forth with particularity
the findings why the plan would or would not by in the public interest. (Ord.
890, 1999; Ord. 801, 1997; Ord. 763, 1996; Ord. 167, 1968)
20.676.050 (PD) Permitted uses.
Uses permitted within the planned development district
are those authorized in the base zoning district
or districts, whether the uses are permitted
outright, as accessory uses, or are authorized
by special use permit. The density and intensity
of these uses are those established in the base
district, except as modified by this chapter,
and those established through the transfer development
right program. The standards applicable and
the conditions to be applied shall be those provided
for in this chapter. (Ord. 801, 1997; Ord.763,
1996; Ord. 167, 1968)
20.676.060 (PD) Planned development,
generally, components.
A. A planned development must be designed and located to minimize traffic
congestion on public highways and streets in its vicinity and to best fit the
land use pattern of the area in which it is located.
B. Components. The development plan must include all the following:
1. A plot plan map which shows:
a. Existing and proposed public street and sidewalk improvements;
b. Lot design;
c. Areas proposed to be dedicated or reserved for any public
use, including but not limited to, public utility easements, public buildings,
and public land uses;
d. Parking and interior traffic flow;
e. Land uses within 300 feet of the external boundary of the
planned development zone;
2. Site details, including:
a. Preliminary building plans, including generalized elevations,
except for single-family residential projects creating parcels one-half acre
or greater in size;
b. Maximum building heights;
c. Maximum lot or area coverages;
d. Minimum distance between structures;
e. Minimum setbacks from interior lot lines;
f. Minimum setbacks from street rights-of-way;
g. Landscaping, screening and lighting;
h. Projected population densities within the PD zone;
3. Zoning classification to be located within the development;
4. Development schedule as described in sections 20.676.150 through
20.676.170;
5. A detailed, written narrative discussing how the findings for
approval are met;
6. Any other reasonably related information necessary for the commission
to act.
C. The planning division shall only accept as complete plans that contain
the information specified or that is reasonably determined necessary by the
director. (Ord. 890, 1999; Ord. 763, 1996; Ord. 167, 1968)
20.676.070 (PD) Standards.
A. Setbacks, building heights, distances between
buildings, lot coverage, building densities,
parking requirements, and landscaping requirements
are those established in the base zoning district
unless the commission finds that variations in
these standards complements and assures the suitable
integration of the planned development into the
neighborhood or area in which it is located.
B. The following minimum standards apply to all single-family
residential planned developments creating parcels
less than one-half acre in size and multi-family
residential planned developments:
1. A minimum of 25 percent of the garages along a street must have
setbacks which are five feet greater than the minimum front-yard setback and
setback a minimum of five feet behind the main residence. Garages on interior
lots which are accessed from the side and incorporate architectural features,
such as windows, along the street frontage may also be considered for meeting
this requirement.
2. Where three-car garages are proposed, the three-car
garages along a street with the standard 20 foot
setback must have recessed and off-set doors.
3. No three-car garages are allowed on lots 6,000 square
feet or smaller, except on lots with alley access
or lots exceeding 60 feet in width.
4. All planned developments must provide a variety of
dwelling elevations appropriate for the scale
of the project. Elevations must be approved by
the planning commission. At a minimum, the same
elevations must not be repeated for adjacent
houses. Varied front setbacks, some two-story
houses, front porches, bays and balconies are
encouraged as ways of achieving variety.
5. Windows, doors, and garage doors (except recessed garage
doors) on the front elevation must have raised
trim in order to provide visual interest and
relief.
6. The commission shall consider the relationship of
second-story windows, doors, and balconies with
the privacy of neighbors, and may require that
these features be redesigned or omitted from
second-story rear walls, or may exclude two-story
structures from parcels along the exterior boundary
of the development.
7. Front yards must contain landscaping, including street
trees, lawn or other type of groundcover, shrubs,
and an irrigation system. Front yard landscaping
for single family residential development must
be installed prior to occupancy, or a private
agreement (i.e. CC&R’s) must be recorded
establishing that a homeowners association or
other private organization will require completion
of front-yard landscaping within one year of
occupancy. All required common area and open
space landscaping must be completed prior to
occupancy, including landscaping for multi-family
residential development.
C. Multi-family residential planned developments must meet the
specific multi-family development standards of
sections 20.660.100.D and
20.664.120.
D. The commission and board may impose additional requirements
deemed necessary for consistency with the findings
required by section 20.676.040. These may include
but are not limited to amenities, such as recreation
or play areas and open space, to compensate for
any deviations that may be permitted. (Ord. 890,
1999; Ord. 763, 1996; Ord. 167, 1968)
20.676.080
(PD) Density and intensity standards.
A. For purposes of calculating single-family residential density, the
plan must separately designate a development envelope by phase of development
for each type of residential use and each area to be developed for non-residential
use.
B. Rules established in this code for determining residential density
and number of single-family residential units allowable on constrained and unconstrained
land apply to determinations within the planned development overlay. The maximum
allowable density for any parcel within the planned development is that for
the base district, except as otherwise provided in this chapter.
C. The density of single-family residential development within the planned
development is calculated by dividing the acreage of the residential development
envelope by the minimum parcels size authorized within the base zoning district.
The steps for calculating the total number of single-family residential units
allowable within the planned development are as follows:
1. Deduct areas devoted to non-residential uses (i.e. commercial
uses) from the total site area;
2. Determine the number of units allowed under the base zoning district
by dividing the net residential development envelope size determined in step
1 by the minimum parcel size permitted by the base zoning district. Round down
any fraction to the next lowest whole number to obtain the number of allowable
units;
D. The residential development envelope may bridge base zoning district
boundaries and may be subdivided into phases provided that the density of any
given phase does not exceed that permitted within the PD overlay by the base
zoning district within that phase.
E. The average lot size or the lot size for particular tracts within the
PD may be increased above the average for the single-family development envelopes
in order to ensure compatibility with adjacent development within or outside
the planned development.
F.
Establishing industrial or commercial zoning districts or uses within the receiving
area requires transfer development rights in the amount of 10 units per acre.
(Ord. 1008, 2002; Ord. 903, 2000; Ord. 890, 1999; Ord. 763, 1996; Ord.
167, 1968)
20.676.090
(PD) Increases in density.
A. A planned development situated within a receiving area, as designated
by the 1996 Master Plan, as amended, may increase the allowed residential densities
by acquiring transfer development rights, as provided by chapter 20.500.
If a planned development is approved subject to transferred development rights,
the transfers must be perfected and recorded prior to recordation of the final
plan for the phase or phases in which they are to be used.
B. A planned development situated within a receiving area
may apply to the planning commission and board,
and the planning commission may recommend, and
the board may approve, a waiver of the requirement
of transferred development rights. The number
of transferred development rights waived may
not exceed the number or percentage of affordable
housing units provided within the project, as
defined, and for the duration provided by section
20.440.020.G. The approval of a waiver, and
provision of the affordable housing units, must
be in the manner otherwise provided for density
bonus and affordable housing agreements in chapter
20.440.
C. An applicant for a planned development may apply to the planning
commission and board, and the planning commission
may recommend, and the board may approve, a density
bonus or affordable housing agreement, in accordance
with the provisions of chapter 20.440.
D. The planning commission may recommend and the board may grant
a density bonus of one-half percent (0.5%) for
every one percent of the project site area that
is dedicated to and accepted by the US Forest
Service, Bureau of Land Management (BLM), or
other state, federal, county or other public
agency overseeing public lands for open space
access, agricultural easements or other public
purposes. The following standards must be met
in order to receive the density bonus:
1. The applicant must submit written evidence, with
the submittal of a planned development application,
from the applicable public agency that the public
agency will accept the offer of dedication and
maintenance of the property.
2. The land must be deeded to the public agency prior
to, or concurrently with, the recording of the
final map.
3. If the planned development is to be recorded in
phases, the appropriate amount of area must be
dedicated to the public agency with each phase
to provide for the relative number of units that
are being recorded with that phase.
4. The public agency accepting the dedicated land may
require that all applicable lands be dedicated
at one time, with the recording of the first
phase of a planned development.
5. A deed restriction shall be placed on the open
space parcel permanently restricting development
on the parcel except for open space or recreational
purposes.
6. Where open space is dedicated to and accepted by the
applicable public agency, the open space shall
be deemed to meet the planned development standards
for improved open space.
7. Bonus residential units may be used, in addition to any unused
density permitted by the underlying zoning district, to transfer development
rights from a designated sending parcel to a receiving area, as defined in the
adopted master plan. (Ord. 1054, 2003; Ord. 903, 2000; Ord. 890, 1999; Ord.
801, 1997; Ord. 763, 1996; Ord. 167, 1968)
20.676.100
(PD) Open space requirements.
A. Common open space.
1. For exclusively residential projects, except as provided
in a and b below, a minimum of 25 percent of
the project site must be retained in common open
space that must be improved in a park-like setting
with active recreational areas.
a. A single-family residential project may be exempted
from the common open space requirement if it
utilizes transfer development rights for at least
50% of the project density.
b. A single-family residential project may be exempted
from providing improved recreational areas within
the required open space for those areas determined
to be environmentally sensitive, such as meadows,
wetlands, perennial springs or streams and major
drainage ways, or historical or archeological
sites, as determined by the State Historic Preservation
Office.
c. The use of existing, native vegetation may be
used in conjunction with trails or other amenities
to satisfy the requirement for improved recreational
areas where a single-family residential planned
development is located outside the urban service
area, defined in the adopted master plan, and
community water is not available.
d. Recreational amenities within the open space
areas of multi-family residential planned developments
must meet the specific standards of section 20.664.120.
2. For commercial, industrial, or mixed-use projects,
30 percent of the project site must be devoted
to common open space improved in a park-like
setting with active recreational areas. No more
than 50 percent of common open space requirements
may be satisfied on unimproved constrained land,
which includes but is not limited to hillside
areas or areas located within a primary flood
plain. Common open space must be exclusive of
road rights-of-way, dedicated easements for public
facilities, parking areas and other similar areas.
Open space requirements must be determined for
the entire planned development at the time of
establishment of the planned development overlay
district and approval of the tentative plan.
a. A commercial, industrial or mixed-use project
may be exempted from providing improved recreational
areas within the required open space for those
areas determined to be environmentally sensitive,
such as meadows, wetlands, perennial springs
or streams and major drainage ways, or historical
or archeological sites, as determined by the
State Historic Preservation Office.
B. Open space allocation. Where required, allocation of open
space must be made to each development envelope
and for each phase of the planned development. The
board may establish minimum open space requirements
for particular development envelopes or phases
of the planned development. In the event that
common open space is not to be provided proportionally
by phase, the developer must execute a reservation
of common open space by grant of easement or
covenant in favor of the county authorizing the
county to reserve all or a portion of the reserved
area to common open space in the event that the
development is not completed.
C. Ownership and maintenance of common open space. Where
applicable, the landowner of a planned development,
pursuant to this chapter, must provide for and
establish an organization for the ownership and
maintenance of any common open space not dedicated
to the public use. The organization must not
be dissolved or dispose of any common open space
by sale or otherwise without first offering,
in writing, to dedicate the common open space
to the county. Any offer must be accepted or
rejected by the county within one 120 days of
the written offer to dedicate. The organization
must be authorized to make reasonable assessments
to meet its necessary expenditures for maintaining
the common open space in reasonable order and
condition in accordance with the approved plan.
An assessment must be made ratably among the
properties within the planned development that
have a right of enjoyment of a common open space. The
organization must enter into an agreement with
the property owners providing for a reasonable
method of notice and levy of the assessment and
for the subordination of the lien securing the
assessment to other liens either generally or
specifically described. (Ord. 890, 1999; Ord.
801, 1997; Ord. 763, 1996; Ord. 167, 1968)
20.676.110 (PD) 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. (Ord. 763,
1996; Ord. 167, 1968)
20.676.120 (PD) Minimum area requirements.
A. Each planned development must have a minimum area
of five acres, except that the board may waive
this minimum when proper planning justification
is shown.
B. The minimum permitted parcel size for single-family residential
lots within a planned development is 5,000 square
feet, except where areas are developed with building
envelopes and common open space areas are provided
around the building envelopes.
C. The minimum parcel size for all areas designated non-residential
shall be the minimum parcel size required by
section 20.658.010 (Non-residential development
standards) according to the applicable zoning
district. (Ord. 890, 1999; Ord. 763, 1996; Ord.
167, 1968)
20.676.130 (PD) Public improvements.
All public improvements are required to meet full
county standards pursuant to NRS 278.230 through
320 inclusive. All streets must be offered for
dedication to Douglas County, except that the
use of private roads which meet the specification
contained in the design criteria and improvement
standards manual for a public road may be permitted
upon approval by the board. In addition, if determined
necessary for proper traffic circulation, the
applicant may be required to provide proper methods
of ingress and egress to the development, including
acceleration and deceleration lanes, traffic
devices, including channelization and signalization.
(Ord. 890, 199; Ord. 763, 1996; Ord. 167, 1968)<
20.676.140 (PD) Filing fees.
single fee for the filing of an application for
planned development approval and establishment
or revision of a planned development overlay,
or for the consideration or revision of a development
plan, shall be charged, in the amount provided
in chapter 20.40. Additional fees for the component
approvals of land division and special use permit
will not be charged. (Ord. 763, 1996; Ord. 167,
1968)
20.676.150 (PD) Development
schedule.
An application for planned development approval must be accompanied by
a development schedule indicating the approximate date when construction of
the first phase will begin, which date shall be no later than one year from
the effective date of the rezoning of the property. The development schedule
must include tentative completion dates for the various phases. The development
schedule, if approved by the board, shall become a part of the development plan.
On each anniversary of the approval of the application an updated development
schedule shall be submitted to the planning division. (Ord. 96-763, 167, 1968)
20.676.160
(PD) Development schedule, review by planning
commission.
Every two years, the commission shall compare the
actual development of the planned development
project with the approved development schedule.
(Ord. 763, 1996; Ord. 167, 1968)
20.676.170
(PD) Development schedule, revocation or amendment,
extension.
If, in the opinion of the commission, the owner or
owners are failing or have failed to meet the
approved schedule, the commission may initiate
proceedings to reclassify the property and revoke
the approval of the development plan, or to amend
the development plan. Upon the recommendation
of the commission, and for good cause shown by
the property owner, the board may extend the
limits imposed by the development schedule pursuant
to section 20.676.020.E. (Ord. 763, 1996)
20.676.180 (PD) 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. (Ord. 763,
1996)
20.676.190 (PD) Compliance with chapter,
application restricted.
Compliance with any requirement contained in this
chapter shall 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. (Ord. 763,
1996)
20.676.200 (PD) Status of plan after
tentative approval.
A. 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.
B. 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 section
20.676.210. (Ord. 763, 1996)
20.676.210 (PD) Revocation of tentative
approval.
A. Tentative approval may be revoked in accordance
with the procedures set forth in chapter 20.32
and the portion of the area included in the plan
for which final approval has not been given shall
be subject to the current provisions of this
development code 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. (Ord. 763, 1996)
20.676.220
(PD) Procedure for final plan approval.
A. Application requirements. An application for
final approval of a phase or phases of a planned
development must be submitted to the director
on forms provided by the 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 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
B. 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 shall not be
in substantial compliance if any modification:
1. Varies the proposed gross residential density or intensity
of use;
2. Varies the proposed ratio of residential to non-residential
use;
3. Involves a reduction of the area set aside for common
open space or involves the substantial relocation
of the area;
4. Substantially increases the floor area proposed for non-residential
use;
5. Substantially increases the total ground areas covered by buildings
or involve a substantial change in the height
of buildings;
6. 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 stormwater and
sanitary; or
7. Is not accompanied by proof of satisfaction of conditions
imposed as prerequisites to final plan approval.
C. Approval of applications which substantially comply with
tentative approval. The director shall approve
a final plan if it is in substantial compliance
with the plan as tentatively approved. (Ord.
763, 1996)
20.676.230 (PD) Procedure on determination
of noncompliance.
A. 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 30 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.
B. The developer may:
1. Treat the notification as a denial of final approval;
2. Refile the plan in a form which is in substantial compliance
with the plan as tentatively approved; or
3. File a written appeal request with the director that
a hearing be set before the commission on the
application for final approval.
C. If the developer elects the alternative set forth in
paragraphs B(2) or B(3), 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 tentative
approval to file for final approval, or 30 days
from the date he receives notice of the refusal,
whichever is the latter.
D. The public hearing must be held within 30 days after the
request for the hearing is made by the landowner. Notice
must be given in accordance with chapter 20.20
and the hearing shall be conducted in the manner
prescribed in chapter 20.24. Within 20 days
after the conclusion of the hearing, the commission
shall either grant final approval of the plan
or deny final approval of the plan. The grant
or denial of final approval of the plan shall
contain the findings of fact required in section
20.676.040. (Ord. 763, 1996)
20.676.240
(PD) 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 30 days before
the date on which the request for filing is made,
and that the approval has been refused. (Ord.
763, 1996)
20.676.250 (PD) Effect of recordation.
After the final map is recorded for the planned development,
or any phase, the zoning and subdivision regulations
of this code plan 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. (Ord. 763, 1996)
