§ 30.16.050. Text Amendment.

Applications to amend the text of the Unified Development Code shall be processed per Table 30.16-2. NOTE: ADDITIONAL REQUIREMENTS ARE ESTABLISHED IN SECTIONS 30.16.210 AND 30.16.240.

Table 30.16-2 TEXT AMENDMENT - AUTHORITY AND CONSIDERATION TABLE SEE ALSO 30.16.210 for general process information and standards
a. Initiating Authority	Board or Board member, Zoning Administrator, Director of Public Works, Director of Department of Building, or a person with a property interest related to the requested text amendment
b. Standards for Acceptance	1.  Any member of the Board may direct the Zoning Administrator to prepare an ordinance and schedule it for introduction and a public hearing in accordance with Section 244.095-115 of the Nevada Revised Statutes. Any other person shall obtain the concurrence of a Board member prior to submission of a text amendment. and, if applicable, shall comply with the following:
	A.  Prior to submitting a text amendment application to amend the Mixed Use Overlay District map, the property owner or applicant shall engage in a pre-submittal conference with the County pursuant to Section 30.48.750. The pre-submittal conference shall not be scheduled without written consent of the applicable Board member(s) pursuant to subsection (b)(1)(B) below.
	B.  Applications to amend the Mixed Use Overlay District map shall not be accepted without written consent of the Board member(s) in whose district the property is located; or, if any such Board member is constrained by ethical conflicts of interest or declines to consent to the acceptance of an application, a request for acceptance may be placed on an agenda for the Board to consider at the request of the applicant. When the Board member(s) in whose district the property is located declines to consent, the Board may nevertheless consider the request and approve acceptance of an application with a unanimous vote of the other Board members voting and not abstaining, subject to NRS requirements. In all other instances, a simple majority vote is required to accept an application.
	2. All Other Application Submittals:
	Application form
	Three (3) Justification letters
	Disclosure Form
	Concurrence with the merits of the text amendment from a member of the Board
	Additionally, for applications to expand or amend the Mixed Use Overlay District: vicinity map, project description, reports, compelling justification pursuant to Section 30.48.720(b), and written consent from Board member(s) or Board approval per subsection (b)(1)(B) above
	(See Section 30.16.240 Document Submittal Requirements)
c. Fee	$400; Applications to amend the Mixed Use Overlay District shall require an additional Notice Fee of $1,000, plus $200 Sign Fee and a pre-submittal conference fee of $500
d. Application Process	Hearing before the Board per 30.16.210; plus Commission whose recommendation shall be forwarded to the Board no sooner than the second zoning agenda following Commission action
e. Notice Requirements	Posted notice, entity notice, and city notice, plus 2,500′ radius and signs for amendments to the Mixed Use Overlay District. If the proposed regulation is to amend airport zoning regulations, the notice must be sent fifteen (15) calendar days prior to the hearing, in accordance with NRS 497.080 (See Section 30.16.230 Notice)
f. Recommending Entities	Cities, Government entities, Town Board, Planning Commission
g. Approval Authority	Board
h. Standards for Approval	1.  If a determination is made that an amendment requested by a person other than a Board member may serve the general prosperity, health, safety, and/or welfare of the entire County, the Board may direct the Zoning Administrator to draft an ordinance accordingly. The Zoning Administrator shall schedule the ordinance for introduction and a public hearing in accordance with NRS Section 244.095-119.
	2.  A text amendment is not intended to relieve particular hardships nor to confer special privileges or rights upon any person or property.
	3.  A text amendment to expand or amend the Mixed Use Overlay District shall only be approved when the proposed area meets the intended purpose of the Overlay, including transit-oriented development as described in Sections 30.48.700 and 30.48.760, and the proposal constitutes a broader, community serving adjustment of Overlay boundaries rather than site-specific, parcel-based adjustments.
i. Related Application Submittal	A required land use application may be submitted after an enabling ordinance has been adopted, provided the application is not acted on before the effective date of the ordinance; however, applications for a mixed use development may be submitted after approval of the text amendment provided they are not acted upon prior to the effective date of the ordinance amending the Mixed Use Overlay District map.

 

(Ord. 3549 § 3 (part), 2007; Ord. 3432 § 2 (part), 2006; Ord. 3354 § 2 (part), 2006; Ord. 3296 § 3 (part), 2005; Ord. 3229 § 3 (part), 2005; Ord. 3219 § 2 (part), 2005; Ord. 3209 § 4 (part), 2005; Ord. 3174 § 2 (part), 2005; Ord. 3085 § 39, 2004; Ord. 2970 § 2 (part), 2003: Ord. 2788 § 2 (part), 2002; Ord. 2779 § 1, 2002; Ord. 2769 § 51, 2002: Ord. 2647 § 1, 2001; Ord. 2637 § 1, 2001: Ord. 2573 § 4 (part), 2001; Ord. 2481 § 3 (part), 2000)

(Ord. No. 3848, § 3, 1-20-2010; Ord. No. 4077, § 3, 1-9-2013; Ord. No. 4152, § 2, 11-20-2013; Ord. No. 4562, § 2, 1-17-2018; Ord. No. 4658, § 4, 12-19-2018)