JUNE 9, 2015 PC AGENDA AND BACK UP

Transcription

LYON COUNTY PLANNING COMMISSION
MEETING AGENDA
JUNE 9, 2015
COMMISSIONERS MEETING ROOM
LYON COUNTY ADMINISTRATIVE COMPLEX
27 SOUTH MAIN STREET
YERINGTON, NEVADA
(Action will be taken on all items unless otherwise noted)
TO AVOID DISRUPTIONS DURING THE MEETING, PLEASE PLACE
CELL PHONES IN THE SILENT MODE OR TURN THEM OFF.
NOTES: This is a tentative meeting schedule. The Planning Commission reserves the right to hear items in a
different order, combine items for consideration and remove an item from the agenda or delay discussion
relating to any item at any time to accomplish business in the most efficient manner. Items scheduled at a
specific time cannot be heard earlier than at the scheduled time per Nevada Open Meeting Law Requirements.
9:00 A.M. - DETERMINATION OF A QUORUM
PLEDGE OF ALLEGIANCE
REVIEW AND ADOPTION OF AGENDA (for possible action)
APPROVAL OF THE MAY 12, 2015 MINUTES (for possible action)
PRESENTATION AND READING OF MISCELLANEOUS CORRESPONDENCE
PUBLIC PARTICIPATION – Members of the public who wish to address the Planning Commission may
approach the podium and speak on matters related to the Lyon County Planning Commission, but not
on items appearing on the Agenda. Speakers are asked to state their name for the record and to sign
and print their name on the form at the lectern. Comments are limited to three minutes per person or
topic. The Commission reserves the right to reduce this three minute time limit, as well as limit the total
time for public comment. If your item requires extended discussion, please request the Chair to
calendar the matter for a future Planning Commission meeting. The Planning Commission will not
restrict comments based on viewpoint. The same applies to public testimony on each Agenda item.
The Chair may reopen public participation at any time during the meeting. No action may be taken upon
a matter raised under this item of the Agenda until the matter itself has been specifically included on an
agenda, as an item upon which action may be taken.
10:00 A.M. – TIME CERTAIN – Discussion and possible action regarding the review of the draft
Lyon County Land Use and Development Code, with special concentration on Chapter 15.336 (for
possible action)
PUBLIC HEARING ITEMS
1. RIVERPARK PHASE 4, UNITS 3 & 4 – TENTATIVE SUBDIVISION MAP (for possible action) continued from the February 10, 2015, Planning Commission meeting – Request for a Tentative
Subdivision Map for Riverpark Phase 4, Units 3 & 4, a proposed 97 lot single family residential
development, on two parcels totaling approximately 35.63 acres; located off of Stratton Drive, Dayton
(APN 16-025-30 & 29-564-01) PLZ-14-0029
2. KIT KAT RANCH / D & S, LLC – SPECIAL USE PERMIT (for possible action) - Request for a special
use permit for the continued operation of an existing brothel under new ownership; located at 54 Kit Kat
Drive, Mound House (APN 19-072-05) PLZ-15-0020
3. SAGEBRUSH RANCH / SAGEBRUSH, LLC – SPECIAL USE PERMIT (for possible action) Request
for a special use permit for the continued operation of an existing brothel under new ownership; located
at 54 Kit Kat Drive, Mound House (APN 19-073-05 and 19-073-07) PLZ-15-0021
Most decisions rendered by the Planning Commission may be appealed to the Board of County Commissioners. If you disagree with the decision of the Planning
Commission and you want to appeal its action, call the Planning staff immediately at 775-463-6592. You will be informed of the appeal procedure, application fee, and the
time in which you must act. Appeal periods vary five (5) to thirty (30) days, depending on the type of application.
Lyon County Planning Commission Agenda for June 9, 2015
Page 2
4. REVIEW AND DISCUSSION TO REVISE LYON COUNTY CODE BY AMENDING CHAPTER 10.04.03
– (for possible action) - An Ordinance amending Lyon County Code Title 10 – Land Use Regulations;
by amending: Chapter 4 – Nonresidential Districts, revising Section 3 – M-1, General Industrial District;
by removing Churches as an allowed use; and other matters properly related thereto.
5. REVIEW AND DISCUSSION TO REVISE LYON COUNTY CODE BY AMENDING CHAPTER
10.03.01.F – (for possible action) - An Ordinance amending Lyon County Code Title 10 – Land Use
Regulations; by amending: Chapter 3 – Residential Districts, Section 1–General Provisions, revising
Subsection F, to revise the provisions regulating Animals and Pets to permit rabbits, potbelly pigs and
female chickens and ducks on Single-Family Residential parcels smaller than one acre in size; and
other matters properly related thereto.
6. REVIEW AND DISCUSSION TO REVISE LYON COUNTY CODE BY AMENDING CHAPTER 10.04.03
– (for possible action) - An Ordinance amending Lyon County Code Title 10 – Land Use Regulations;
by amending: Chapter 4 – Nonresidential Districts, adding Section 11 – SCMU, Suburban Commercial
Mixed Use District; to establish the standards and criteria for the new Suburban Commercial Mixed Use
Zoning District; and other matters properly related thereto.
RECESS TO CONVENE AS THE LYON COUNTY PUBLIC LANDS MANAGEMENT ADVISORY BOARD
7. Public participation
8. Future agenda items for discussion and possible action (for possible action)
9. Board member comments
10. Public participation
ADJOURN TO RECONVENE AS THE LYON COUNTY PLANNING COMMISSION
11. STAFF COMMENTS AND COMMISSIONER COMMENTS
PUBLIC PARTICIPATION – Members of the public who wish to address the Planning Commission may
approach the podium and speak on matters related to the Lyon County Planning Commission but not on
items appearing on the Agenda. Comments are limited to three minutes per person or topic and will not be
restricted based on viewpoint. No action may be taken upon a matter raised under this item of the Agenda
until the matter itself has been specifically included on an Agenda as an item upon which action may be
taken
ADJOURNMENT
I, Kerry Page, Planning Assistant, do hereby certify that I have posted or caused to be posted, a copy of this
agenda at the following locations on or before May 29th, 2015:
Lyon County Courthouse; Lyon County Administrative Complex; Yerington City Hall; Yerington Main Street
Post Office.
Kerry Page
For further information
A complete packet of supporting materials for this agenda is available for public inspection at 27 South Main
Street, Yerington, NV. These materials may be reviewed at this location during regular office hours (8:00 a.m.
to 5:00 p.m.), Monday through Friday, except legal holidays, or, upon request, a copy can be delivered via
electronic mail.
Members of the public requesting Planning Commission meeting supporting materials may contact Kerry
Page at kpage@lyon-county.org, or call 775-463-6592.
We are pleased to make reasonable accommodations for those members of the public who need assistance
and wish to attend the meeting. If special arrangements are necessary, please notify the Lyon County
Community Development Department in writing at 27 South Main Street, Yerington, Nevada 89447 or call 775463-6592. 24 hours notice is required.
Most decisions rendered by the Planning Commission may be appealed to the Board of County Commissioners. If you disagree with the decision of the Planning
Commission and you want to appeal its action, call the Planning staff immediately, at 775-463-6592. You will be informed of the appeal procedure, application fee, and
the time in which you must act. Appeal periods vary from five (5) to thirty (30) days, depending on the type of application.
Lyon County
1
Title 15 Land Use and Development Code
Chapter 15.336 Performance Standards for Conditional Uses
2
3
15.336.01 Introduction
4
The purpose of this Chapter is to describe the minimum performance standards for uses that may be
5
permitted through the approval of a Conditional Use Permit in accordance with the requirements of
6
Chapter 15.230 of this title.
7
8
15.336.02 How to Use this Chapter
9
Land Uses that require a Conditional Use Permit (CUP) are listed in Table 15.336-1. Column 1 identifies
10
the specific land use requiring a Conditional Use Permit, Column 2 identifies the zoning districts in which
11
a CUP is required prior to establishment of the land use, and Column 3 provides a reference to the
12
standard(s) applicable to the land use.
13
14
In many cases, the minimum standards for a Conditional Use are the same as those established in
15
Chapter 15.335 for permitted uses. Where no specific reference to a standard appears in column 3, the
16
approving authority may establish specific conditions of approval applicable to the specific use.
17
18
In addition to the minimum use standards listed on Table 15.336-1 conditional uses must comply with all
19
requirements of this title and applicable development standards.
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21
Table 15.336-1, sections 15.336.03 et seq. identifies specific requirements for the review and approval of
22
certain CUPs.
23
24
Uses that do not meet the minimum performance standards of this Chapter may not be permitted.
25
26
Prior to the establishment of any conditional use the user shall comply with the requirements of Chapter
27
15.230 of this title.
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Revised: 5/28/2015
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Lyon County
1
2
15.336.03 Conditional Uses
Table 15.336-1 Conditional Use Reference Table
Conditional Use
Zoning Districts
Reference
Residential Uses
Mobile Home Park
Organizational house (sorority, monastery, etc.)
Residential Care Facility for elderly
Group Home, 11 or more residents
Rooming or Boarding House
HMU-R, RMU,
TC-R, TC-S
RR-20, CMU-R,
HMU-R, TC-R,
SR-2, SR-1
RR-2,RR-1,
CMU-R, HMUR,SR-2, SR-1,
RMU, CC, CMUS, SR-12000(H),
SR-9000(H)
HMU-R, SR-2,
SR-1, SR-1/2,
MFR, RMU,
CMU-H, EMU
CMU-R, HMU-R,
EMU
15.352
15.330
15.335.03 NN
15.330
15.335.03 NN
15.330
15.360
15.330
15.360
Public, Institutional and Civic Uses
Government administration and civic uses
CMU-R, HMU-R,
RMU, NC, CC,
RC, CMU-S,
HMU-S
Social, fraternal lodges
EMU
Public Assembly, including churches
RR-2, RR-1
Adult Day Care, 6 or fewer clients
Adult Day Care, 7 or more clients
Hospital
Intermediate Care Facility, Nursing Home, Rehab Center
RR-2, RR-1,
CMU-R, EMU
CMU-R, HMU-R,
NC, MFR, EMU,
CMU-H
CMU-R, HMU-R,
CC, RC, CMU-H,
SI, EMU
HMU-R, RMU,
CC, RC, HMU-S,
SI, EMU, CMU-H
Equestrian Facility
RR-10
Private Residential recreation facility
TC-R, EMU
Golf Course or Driving Range
Outdoor Concerts, Special Events
Revised: 5/28/2015
RR-20, RR-10,
RR-5, RR-2, RR1, PL, TC-R, SR2, SR-1, SR-1/2,
SR-12000, SR9000, RMU, SI,
EMU
RR-20, RR-10,
15.330
15.335.03K
15.330
15.335.03JJ
15.330
15.330
15.330
15.330
15.330
15.330
15.360
15.330
15.360
15.335.03T
15.330
15.360
15.330
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Lyon County
Conditional Use
Zoning Districts
AG, NIA, RL, PL,
TC-R, CMU-S
Shooting Range, outdoor
AG,NIA, RL, PL
Shooting Range, indoor
HMU-R
Skeet/trap shooting range or course
AG, NIA, PL, TCR
Archery Range
AG, NIA, PL, TCR
Paintball Facility, indoor
HMU-R, TC-R
Paintball Facility, outdoor
AG, NIA, PL, TCR
Indoor Recreation/sports/fitness facility
RMU
Campground
School, K-12
Post-Secondary , trade or technical education
AG, NIA, PL, TCR, TC-S
RR-5(H), RR2(H), RR-1(H),
RR-2, RR-1,
CMU-R, HMU-R,
PL, SR-2, SR-1,
SR-1/2, SR12000, SR-9000,
NR, RMU, CMUS, HMU-S
CMU-R, HMU-R,
CC, RC, CMU-S,
HMU-S
Agricultural Uses
Concentrated Animal Feeding Operation, Small, 25 to
249 AUE
Concentrated Animal Feeding Operation, Medium 250 to
999 AUE
Concentrated Animal Feeding Operation, Large, 1,000 or
more AUE
AG, NIA, RL, LIR, HI-R
Stable
RR-10, RR-5
Milk Processing
AG, NIA
Agricultural Tourism
RR-20
Farm Market
RR-20, RR-10
Reference
15.360
15.330
15.360
15.335.03XX
15.330
5.360
15.335.03 YY
15.330
15.360
15.335.03YY
15.330
15.360
15.330
15.360
15.330
16.360
15.335.03 HH
15.330
15.360
15.330
15.330
15.330
15.336.11
15.330
15.336.11
15.330
15.336.11
15.330
15.335.03AAA
15.330
15.336.04
15.330
15.330
15.360
15.330
15.360
Commercial Uses
Kennel
Veterinary clinic/hospital, large animal
Revised: 5/28/2015
RR-5, HMU-R,
HMU-S, EMU
HMU-R, AG, NIA,
CC, RC, CMU-S,
15.330
15.360
15.330
15.360
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Lyon County
Conditional Use
Veterinary clinic/hospital, small animal without outdoor
kennel
Veterinary clinic/hospital, small animal with outdoor
kennel
Zoning Districts
HMU-S
CMU-S
CMU-R, NC(R),
HMU-S
Animal Rescue Facility
Zoo
Event or Conference Center
RR-20, CMU-R,
AG, NIA
Bar or Nightclub
NC(R)
Lodge or Inn
SI, EMU
Guest/Dude Ranch
RR-20, AG, NIA,
RV Park
TC-R
Office, greater than 1200 sf
CMU-R
Movie Theater
CMU-R
Performance Hall
CMU-R
Grocery Store
CMU-R
Convenience Store/deli
TC-R
Reference
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
15.330
15.360
Industrial Uses
Mining: sand, gravel, mineral
Crushing, batch plants, ore milling and processing
RR-5, RR-10,RR20,, AG, NIA, RL,
PL, LI-R, LI-S,
HI-R, HI-S
RR-5, RR-10,RR20,, AG, NIA, RL,
PL, LI-R, LI-S,
HI-R, HI-S
Wind Energy Conversion, commercial
RR-20, AG, NIA,
RL, PL
Geothermal generating systems
RR-20, AG, NIA,
RL, PL
Solar Generation, commercial
RR-20, AG, NIA,
RL, PL
Power transmission lines
Power Substations
Revised: 5/28/2015
RR-10, NC, CC,
RC, TC-S, HMUS
RR-10, SR-2,
SR-1, SR-1/2,
SR-12000, SR9000, NR, NC,
15.336.05
15.330
15.370
15.330
15.336.05
15.370
15.336.06
15.330
15.370
15.336.07
15.330
15.370
15.336.08
15.330
15.370
15.336.09
15.330
15.370
15.336.10
15.330
15.370
4
Lyon County
Conditional Use
Fossil Fuel generating facility, commercial
Small Agricultural Production/ Food Production Facility`
Small Poultry/Small Meat Processing Facility
Zoning Districts
CC, TC, TC-S,
HMU-S
RL, PL
AG, NIA, RL, LIR, LI-S, HI-R, HIS
AG, NIA, RL, LIR, LI-S, HI-R, HIS
Meat Processing Facility
Reference
15.330
15.370
15.336.12
15.330
15.370
15.336.13
15.330
15.370
15.336.14
15.330
15.370
1
2
Note: The uses identified in this table may be “permitted uses” in zoning districts other than those
3
listed. See Tables of Allowed Uses 15.320-1 through 15.320-5 for a complete list of permitted,
4
conditionally permitted, and prohibited uses by zoning district.
5
6
15.336.04
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15.336.05 Exploration, Extraction and Processing of Minerals and Construction Materials
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A. Purpose
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The purpose of this subchapter is to establish reasonable and uniform limitations, safeguards, and
11
controls for exploration extraction and processing of minerals and construction materials (referred to
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collectively as “mining operations”) in Lyon County that allow wise utilization of natural resources, mitigate
13
both on and off-site environmental and visual impacts, manage the extraction of mineral resources in a
14
responsible manner while conserving other natural resources, ensure compatibility with surrounding land
15
uses, protect the safety of the community, promote beneficial post-mining land uses, and protect the tax
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base of the County.
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B. Applicability
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Exploration, extraction and processing of minerals and construction materials are permitted in the
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following zoning districts as a conditional use: Agricultural (Ag), Non-Irrigated Agriculture (NIA), Resource
Revised: 5/28/2015
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Lyon County
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Land (RL), Public Land (PL), Light Industrial-Rural (LI-R), Heavy Industrial-Rural (HI-R), Light Industrial –
2
Suburban (LI-S), Heavy Industrial – Suburban (HI-S), and Rural Residential Districts RR-20, RR-10, and
3
RR-5, in accordance with the limitations contained in the Tables of Permitted Uses of this title and this
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subchapter.
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Underground mining activities may occur in any zoning district subject to a conditional use permit
6
provided the surface components of the underground mining are restricted to the above listed zoning
7
districts.
8
This subchapter applies to all surface and sub-surface mining activities carried out in unincorporated
9
areas of Lyon County, including exploration and mining of locatable metallic minerals, including but not
10
limited to gold, silver, lead, copper, platinum, zinc, nickel, etc.; nonmetallic minerals, such as fluorspar,
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mica, limestone, gypsum, titanium and gemstones; and exploration and mining of saleable minerals. This
12
subchapter applies to other associated uses, including crushing, milling and mineral processing.
13
For the purposes of this subchapter mining operations within any Lyon County portion of the Virginia City
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National Historic Landmark District established by the National Park Service, and/or in the Comstock
15
Historical District, as established by the Comstock Historic District Commission pursuant to NRS chapter
16
384 include: the exploration for locatable and saleable minerals using mechanical equipment such as
17
drilling and/or earth-moving machinery; the construction of new roads or the improvement of historic
18
roads and trails; the storing, stockpiling, or displacement of rock or soil or land disturbance of any kind
19
which exceeds 500 cubic yards or 1,000 square feet of surface disturbance, and the milling or processing
20
of any ore, historic waste rock, tailings, or newly extracted mineralized material.
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The following activities are exempt from the provisions of this subchapter:
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1. Recreational and casual use exploration and mining including gold panning and sluicing activities
23
using hand tools and non-motorized machinery ;
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2. Limited construction material extraction of 500 or fewer cubic yards per year without
25
compensation and where no additional processing is conducted;
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3. Limited construction material and locatable mineral exploration on privately owned property
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located outside of a historic district resulting in cumulative disturbance of less than 500 cubic yards or
Revised: 5/28/2015
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Lyon County
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cumulative surface disturbance not exceeding 5 acres within a 1 mile radius, provided notice of the
2
activity is provided to the department before exploration is initiated.
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4. Construction, reconstruction, or maintenance activities within a road right-of-way;
4
5. Excavations by a landowner for purposes of construction, reconstruction, or maintenance of
5
access roads, excavation or grading in the process of farming, or other on-site construction unless
6
more than 5,000 cubic yards of material are removed from the property for compensation;
7
6. Excavations and removal of extracted materials for compensation when the activities are carried
8
out in conjunction with a building or grading permit and
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7. Exploration activities for locatable minerals or construction materials, including the use of
10
mechanical equipment such as drills and or earth moving machines of any kind; the construction
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of new roads or the improvement of existing roads or trails when such activities are regulated by
12
an Exploration Notice of Intent or Exploration Plan of Operations approved by the Bureau of Land
13
Management (BLM) for activities on Public Lands and/or an Exploration Reclamation Permit
14
approved by the Nevada Division of Environmental Protection-Bureau of Mining Regulation and
15
Reclamation (BMRR). All exploration notices, plans, or permits shall be provided to the director
16
prior to commencement of exploratory activities.
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C. General Development Standards for Mining Operations
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The following standards, in addition to applicable development standards contained in Appendix B of this
19
title and the performance standards for industrial uses contained in Chapter 15.370, shall be applicable to
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mining operations subject to this subchapter:
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1. Access and transportation aspects of the mining operation shall be in conformance with the
22
requirements of Appendix B, Division XX and:
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a. The weight of trucks on public roads shall not exceed federal, state or county imposed road
24
and bridge weight capacity limits without prior approval from the Countyand other agencies with
25
jurisdiction.
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2. Primary and alternate access and haul routes shall be designed to avoid to the maximum extent
27
feasible residential and commercial areas, environmentally and visually sensitive areas, schools, and
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other civic buildings. Timing of truck traffic may be regulated to prevent congestion, adverse noise, or
Revised: 5/28/2015
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Lyon County
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safety risks. Prior to the commencement of mining and processing operations, the applicant shall
2
prepare a Transportation Plan for the project site(s) and activities. The plan will be developed with
3
participation of and review and approval by the Lyon County Public Works Department, Lyon County
4
Road Division, fire protection district with jurisdiction, Lyon County Sheriff’s Department, Lyon County
5
Engineer, and Lyon County Community Development Department.
6
3. Prior to any ground disturbance other than disturbance resulting from exploration activities, the
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operator will provide the county with air quality baseline information required by the Nevada Division
8
of Environmental Protection, Quality-Bureau of Air Pollution Control (BAPC) and comply with all
9
applicable federal and state requirements regarding air quality; operator will obtain an Air Pollution
10
Control Permit (if required) from the BAPC. Mining operations shall take all necessary actions to
11
prevent loss of loads and fugitive dust emissions resulting from excavation, processing and transport,
12
including load covers and dust mitigation measures such as dust suppressants, watering, oiling and
13
paving.
14
4. Significant cultural, historical, and archeological resources identified on the site of a mining
15
operation shall be maintained and preserved in accordance with state and federal requirements.
16
Upon request by the county, the operator shall provide evidence or certification of compliance with all
17
applicable state and federal requirements including the National Historic Preservation Act and Native
18
American Grave Protection and Repatriation Act; and adhere to performance standards required by
19
CFR 3809.420(b)(8) protect cultural resources during mining activities. Operator will supply the
20
County with the results of baseline water quality information supplied to the BLM and BMRR.
21
Operator will comply with all applicable federal and state requirements and under CFR
22
3809.420.(a)(6) all operations will comply with all applicable federal and state water quality
23
standards. Prior to the commencement of mining operations a stormwater management plan shall be
24
prepared in accordance with state and federal requirements.
25
5. Prior to the commencement of mining and processing operations, the applicant shall prepare a
26
Safety and Emergency Plan for the project site and activities.
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participation of and review and approval by the fire protection district with jurisdiction, Lyon County
Revised: 5/28/2015
The plan will be developed with
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Lyon County
1
Sheriff’s Department, Lyon County Office of Emergency Management, Lyon County Local Emergency
2
Planning Committee, and Lyon County Community Development Department.
3
6.
Adverse visual impacts of mining operations shall be mitigated where feasible by:
4
a. Minimizing the total area of disturbance;
5
b. Phasing the disturbance;
6
c.
7
d. Utilizing natural topography, preservation of existing vegetation, berms, landscaping or other
8
buffers to screen mining operations and stockpiles from off-site visibility where feasible.
9
7. Based on the location of the mining operation fencing may be required to prevent access to
Expediting reclamation consistent with the BMRR reclamation permit; and
10
potentially hazardous and unsafe areas by non-employees, livestock, and wildlife including shafts,
11
mine entrances, stockpile areas, roads, detention and retention impoundments, steep slopes, and
12
active mining areas.
13
Operator will provide County with the Plan of Operations submitted to BLM and all state (BMRR and
14
BAPC) permit applications regarding mine operations from start-up through closure and will adhere to
15
all applicable federal and state regulations. Upon the termination of surface mining operations, all
16
disturbed areas affected by the mining operations shall be reclaimed in accordance with the BMRR
17
approved reclamation plan and bond.
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D. Standards for Mining Exploration and Mining Operations within the Comstock Historic District.
19
In addition to the General Development Standards for Mining Operations contained in paragraph C
20
(above), Mining Exploration and Mining Operations conducted within any Lyon County portion of the
21
Virginia City National Historic Landmark District or the Comstock Historic District shall comply with the
22
following requirements:
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1. Prior to the commencement of mining and processing operations within any Lyon County portion
24
of the Virginia City National Historic Landmark District or the Comstock Historic District, the
25
applicant shall have a Cultural Resources Inventory for the project site(s) and activities prepared
26
by an entity meeting the criteria established by the U.S. Department of Interior. The plan will be
27
developed with participation of and review by the Nevada State Historic Preservation Office, the
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Comstock Historic District Commission, and Lyon County Community Development Department.
Revised: 5/28/2015
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Lyon County
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2. Within any Lyon County portion of the Virginia City National Historic Landmark District or the
2
Comstock Historic District all disturbances resulting from mining exploration and mining
3
operations shall be restored to eliminate all visible scarring, remove steep slopes resulting from
4
mining operations, and re-contour all disturbed areas to near pre-operations conditions.
5
6
E. Site Location and Setbacks for Mining Operations
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1. To the maximum extent feasible, mining operations shall be located and conducted in a manner
8
compatible with existing surrounding land uses and shall not unduly interfere with other public or
9
private activities.
10
2. Mining operations shall be located and conducted in a manner that does not interfere with the
11
function of any public infrastructure, including roads, power, gas, water, sewer and irrigation
12
conveyances.
13
3. Mining operations shall not adversely affect the use, access, or improvements to private property
14
adjacent to the mining operation.
15
4. Prior to disturbances of any ground surfaces within the Carson River Mercury Superfund Site
16
(CRMS) the permittee shall comply with applicable NDEP and USEPA requirements, including
17
compliance with the Carson River Mercury Site Long-term Sampling and Response Plan (LTSRP).
18
5. Prior to the commencement of any underground mining operation that will extend beyond the
19
surface property boundary of any parcel not owned or controlled by the mining operation, the operator
20
shall notify the property owner and tenants of the proposed underground mining activity. Proper care
21
shall be taken to ensure that property owner improvements, including wells, septic systems, and
22
above ground structures are protected from damage caused by mining activities.
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F. Use of Explosive Materials
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1. Transportation, storage, and use of explosive shall comply with all applicable federal (ATF,
26
MSHA), State (Fire Marshal), and local regulations. Prior to the start of mining operations, the
27
requirements of any explosives plans will be reviewed and approved by the fire protection district with
Revised: 5/28/2015
10
Lyon County
1
jurisdiction, Lyon County Sheriff’s Department, and with the Lyon County Emergency Management
2
department.
3
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G. Reclamation Requirements
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1. Reclamation requirements for all mining operations shall be in accordance with any BMRR-
6
approved reclamation plan and bond. Operator will provide County with all information submitted to all
7
federal and state agencies regarding the estimation and posting of reclamation bonds. When a
8
mining operation is not subject to BMRR reclamation and bonding requirements, the applicant shall
9
provide a closure and reclamation plan containing the following information:
10
11
a.
12
b. A schedule for reclamation of the site.
13
c.
14
A physical reclamation plan showing the proposed contours after reclamation;
A surety bond acceptable to the county for the cost of reclamation as estimated using the
Nevada Standardized Reclamation Cost Estimator.
15
16
H. Information Required for Mining Operations Conditional Permit Application.
17
Prior to consideration by the Planning Commission, the applicant for a conditional use permit for a mining
18
operation shall provide the following information:
19
1. Operator will provide County with one hard copy and one electronic copy of all information
20
submitted to the appropriate federal and state agencies regarding location, scope of operations and
21
plans for operation, and closure. The Conditional Use Permit application shall include one copy of all
22
State and federal permit applications required to construct, operate, and reclaim all mining
23
operations,
24
2. For mining operations not subject to federal or state regulation or exempt from the provisions of
25
this subchapter, the application shall contain the following information:
26
a. A full description of all phases of the contemplated operation, including the types of
27
machinery and equipment which will or might be used to conduct the operation, an
Revised: 5/28/2015
11
Lyon County
1
estimate of the hours of operation, number of employees and the volume of earth to be
2
mined and transported.
3
b. A legal description of the proposed mine and/or mill site with a map showing its location
4
with indications of access or haul roads, whether existing or proposed, and of the public
5
highways adjacent to the site of the operation which will be used in connection with any
6
of the activities related to the operation. The map shall also show the planned location of
7
earth storage sites, major ground disturbances, water storage areas, ponds or
8
impoundments, equipment storage areas, structures and facilities of all major factors of
9
the operation.
10
c. A topographic map of the area extending beyond the site to the nearest public street or
11
highway and/or to a minimum distance of 1,320 feet on all sides with sufficient scale and
12
contour to adequately describe the area. If the operation contemplates surface mining
13
techniques; the size and location of all pits, cuts, berms, tailings, stockpiles of soil, ore,
14
and/ or waste rock, pipe lines, flumes, ditches, ponds and/or impoundments shall be
15
mapped with sufficient scale and contour to adequately describe all features. If the
16
operation entails underground mining techniques the location of all shafts, tunnels, adits,
17
or drifts, shall be shown as well as all applicable surface disturbances.
18
3. If any portion of the mining operation is within the boundaries of any Lyon County portion of the
19
Virginia City National Historic Landmark District or the Comstock Historic District, a map of the
20
district showing the planned location and size of the area of operation and including the location of
21
any buildings or structures, roads and trails, constructed prior to 1950, archeological sites,
22
residences, recreation areas, streams, farms or other agricultural activity being conducted within a
23
radius of one-half (1/2) mile from the outer perimeter of the proposed activity.
24
4. 3. When required, a comprehensive mine reclamation and closure plan in conformance with
25
paragraph F.1 above. An Emergency Management Plan shall be submitted which describes all fuel
26
and hazardous materials located and/or used in the mining operation together with all safety
27
measures to be used to protect the health and safety of mine personnel and the surrounding
Revised: 5/28/2015
12
Lyon County
1
community. The plan shall include the names, typical response time and capabilities of any and all
2
emergency first response agencies with jurisdiction in the mine and/or mill site area.
3
4
I.
5
processed and reviewed in accordance with Chapter 15.230, Conditional Use Permits, And:
Processing Application; Considerations: Mining activities covered by this subchapter shall be
6
1. The effect of the proposed operation on drainage and water supply.
7
2. The possibility of soil erosion as a result of the proposed operation.
8
3. The potential resultant extent and effect of dust and noise.
9
4. The potential resultant impact upon tourism, historic, archeological and cultural resources,
10
recreational areas, agriculture and public health and safety.
11
5. The practical possibility of reclamation of the site and the adequacy of proposed mitigation of
12
impacts.
13
6. The effect of the proposed operation on natural beauty, character, tax base, economy, adopted
14
general plan, land value and land uses in the area.
15
7. The potential demand placed on emergency first response agencies with jurisdiction in the area.
16
J.
17
able to make the finding required by Chapter 15.230.05.
18
Granting of Permit: A conditional use permit may be approved when the Commission or the Board is
1.
19
K. Conditions of Permit: When warranted by the location, scale, or conditions of a mining operation, the
20
board may impose additional conditions to assure the protection of public health and safety. The operator
21
shall provide any modifications to state and federal permit conditions to the County for review and update
22
of the conditional use permit. No operations shall be permitted which are materially different in location,
23
size, type, or scope than described in conditional use permit. Any change to the conditional use permit
24
shall require a modification of the permit in accordance with the requirements of Chapter 15.230.
25
Revised: 5/28/2015
13
2 7 S. M A IN S T R E E T
Y E R I N G T O N , N E V AD A 8 9 4 4 7
(775) 463-6591
F AX : ( 7 7 5 ) 4 6 3 - 5 3 0 5
LYON COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
BUILDING
DEVELOPMENT ENGINEERING
PLANNING
R OBERT G. LOVEBER G
C OMM UNITY DEVELOPMENT D IR E CT OR
3 4 L AK E S B O U L E V AR D
D AY T O N , N E V AD A 8 9 4 0 3
(775) 246-6135
F AX : ( 7 7 5 ) 2 4 6 - 6 1 4 7
Staff Report
Lyon County Planning Commission
PLZ-15-0020
Special Use Permit for continued operation of a brothel
Meeting Date:
June 9, 2015
Owner:
Kit Kat Properties LLC
Applicant:
D&S LLC
Area Location:
Mound House
Parcel Number:
019-072-05
Zoning:
X (X-rated district)
Case Planner:
Paul Esswein
Planning Director Approval: RGL
Request:
The applicant has applied for a Special Use Permit for a house of prostitution due to a change in
ownership.
Location:
Property is located on at 48 Kit Kat Drive, Mound House, Nevada, known as “Kit Kat Ranch”.
Size:
The subject parcel totals approximately 1.60 acres.
Background:
The Kit Kat Ranch has been operating as a brothel since at least 1979, and as a special use
since 1980 when brothels were required to operate under a special use permit. The earliest
recorded special use permit is dated March 2001 due to a change in ownership. A subsequent
reissue of the special use permit was made in August 2002 to add an additional owner to the
permit. Kit Kat Properties LLC, the current property owner acquired the property in October 2012.
Business license records indicate that the brothel is operating under current business and brothel
licenses issued to D&S LLC.
The subject property and use are located in the X-Rated Zoning District. This zoning district is
designated as the exclusive location for brothels in Lyon County.
Staff Review and Comments:
Lyon County Code 10.12.01.D states: The special use permits issued hereunder shall be in the
name of a person, corporation or business and shall not run with the land and shall not be
transferable. In this case, Kit Kat Propertries, LLC, has owned the property since October 2012,
operating the brothel under a fictitious name as indicated in the brothel license records
maintained by the county clerk’s office.
Page 1 of 3
Planning Commission Hearing – June 4, 2015
Kit Kat Properties, LLC/D & S, LLC – PLZ-15-0020
Planning-pe
Lyon County Code does not prohibit the use of fictitious names provided all fictitious names
disclosed and the names are recorded on the business license, nor does the code prohibit
holder of a special use permit from operating under multiple business names, provided
activity authorized by the use permit does not change and a direct relationship between
permit holder and the business is maintained.
are
the
the
the
Considerations and Requirements for Granting Approval:
When considering applications for a special use permit, the commission should evaluate the
impact of the special use on and its compatibility with surrounding properties and neighborhoods
to ensure the appropriateness of the use at a particular location.
Chapter 10.12.01(B) of the Lyon County Code stipulates that:
The Commission shall, at the public hearing, hear and consider such testimony, written
communications or documents as presented relative to the permit application. Said Commission,
at the conclusion of the hearing, shall recommend: issuance, conditional issuance or denial of the
permit or the modified permit.
Staff Recommendation:
Staff recommends approval of this request with the imposition of the conditions of approval as
proposed below.
Alternative Findings and Motions:
The alternative motions suggested below are offered for Planning Commission consideration.
Alternative for Approval:
If the Commission determines that there is sufficient reason to issue a special use permit to this
applicant, the Commission should make findings in support of the request and move to
recommend the issuance of the special use permit with conditions as listed below. The Planning
Commission may wish to consider a motion similar to the following:
The Lyon County Planning Commission finds that:
A. The continuation of the proposed use at the specified location is consistent with the
general purpose and intent of the applicable zoning district regulations;
B. The continuation of the proposed use will not be detrimental to the use, peaceful
enjoyment, economic value, or development of surrounding properties or the general
neighborhood; and is compatible with and preserves the character and integrity of
adjacent development and neighborhoods or includes improvements or modifications
either on-site or within the public right-of-way to mitigate development related to adverse
impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity;
C. The continuation of the proposed use will not be detrimental to the public health, safety,
convenience and welfare; and
D. The continuation of the proposed use will not result in material damage or prejudice to
other property in the vicinity.
Based on the aforementioned findings, the Lyon County Planning Commission
recommends approval of a special use permit for Kit Kat Properties LLC/D&S LLC to
operate a brothel at 48 Kit Kat Drive, Mound House (APN 019-072-05), subject to the
following conditions:
1. Compliance with all State, County and Federal requirements
2. Maintain current Lyon County business and brothel licenses.
Page 2 of 3
Planning-pe
Alternative for Continuance:
If the Planning Commission determines that additional information, discussion and public review
are necessary for a more thorough review of the proposed special use permit; the Planning
Commission should make appropriate findings and move to continue the Public Hearing with a
specific time period for the applicant to provide additional specific information necessary for the
analysis of the request. The Planning Commission may wish to consider a motion similar to the
following:
The Planning Commission finds that:
A. Additional information, discussion and public review are necessary for a more thorough
review of the proposed special use permit.
Based on the above findings and with the applicant’s concurrence, the Lyon County
Planning Commission continues the request for a special use permit for Kit Kat Properties
LLC/D&S LLC to operate a brothel at 48 Kit Kat Drive, Mound House (APN 019-072-05) for
____ days.
Alternative for Denial:
If the Commission determines that the request for a Special Use Permit should be denied, the
Commission must make findings supporting a denial. The Planning Commission may wish to
consider a motion similar to the following:
A. The continuation of the proposed use will be detrimental to the use, peaceful enjoyment,
economic value, or development of surrounding properties or the general neighborhood;
and is incompatible with and detrimental to the character and integrity of adjacent
development and neighborhoods, nor has the applicant proposed mitigation of adverse
impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity related to
the proposed project.
B. The continuation of the proposed use will be detrimental to the public health, safety,
C. The continuation of the proposed use will result in material damage or prejudice to other
property in the vicinity.
recommends denial of a special use permit for Kit Kat Properties LLC/D&S LLC to operate
a brothel at 48 Kit Kat Drive, Mound House (APN 019-072-05).
Page 3 of 3
Planning-pe
2 7 S. M A IN S T R E E T
Y E R I N G T O N , N E V AD A 8 9 4 4 7
(775) 463-6591
F AX : ( 7 7 5 ) 4 6 3 - 5 3 0 5
LYON COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
BUILDING
DEVELOPMENT ENGINEERING
PLANNING
R OBERT G. LOVEBER G
C OMM UNITY DEVELOPMENT D IR E CT OR
3 4 L AK E S B O U L E V AR D
D AY T O N , N E V AD A 8 9 4 0 3
(775) 246-6135
F AX : ( 7 7 5 ) 2 4 6 - 6 1 4 7
Staff Report
Lyon County Planning Commission
PLZ-15-0021
Special Use Permit for continued operation of a brothel
Meeting Date:
June 9, 2015
Owner:
51 Kit Kat Drive, LLC
Applicant:
Sagebrush, LLC
Area Location:
Mound House
Parcel Number:
019-073-07
Zoning:
X (X-rated district)
Case Planner:
Paul Esswein
Planning Director Approval: RGL
Request:
The applicant has applied for a Special Use Permit for a house of prostitution due to a change in
ownership.
Location:
Property is located on at 51 Kit Kat Drive, Mound House, Nevada, known as “Sagebrush Ranch”.
Size:
The subject parcel totals approximately 1.51 acres.
Background:
Sagebrush Ranch has been operating as a brothel under a Special Use Permit since 1993.
During that period the special use permit has been reissued twice, in 1996 and 2000, as
ownership changes occurred. The 2000 approval modified the special use permit to add
operation of a topless bar on adjoining parcel 019-073-05 subject to the following conditions:
1) Annual Review
2) Compliance with all County, State, and Federal requirements
Lyon County assessor’s records indicate that 51 Kit Kat Drive LLC has owned the property since
July 2013 when it purchased Sagebrush Ranch, a licensed brothel, from RAHA Corporation.
Business license records indicate that the brothel is operating under current business and brothel
licenses issued to Sagebrush Ranch LLC.
The subject property and use are located in the X-Rated Zoning District. This zoning district is
designated the exclusive location for brothels in Lyon County.
Staff Review and Comments:
Lyon County Code 10.12.01.D states: The special use permits issued hereunder shall be in the
name of a person, corporation or business and shall not run with the land and shall not be
transferable. In this case, 51 Kit Kat LLC has owned the property since July 2013, operating the
Page 1 of 3
Sagebrush LLC/51 Kit Kat, LLC – PLZ-15-0021
Planning-pe
brothel under a fictitious names as indicated in the brothel license records maintained by the
county clerk’s office.
Lyon County Code does not prohibit the use of fictitious names provided all fictitious names
disclosed and the names are recorded on the business license, nor does the code prohibit
holder of a special use permit from operating under multiple business names, provided
activity authorized by the use permit does not change and a direct relationship between
permit holder and the business is maintained.
are
the
the
the
Considerations and Requirements for Granting Approval:
When considering applications for a special use permit, the commission should evaluate the
impact of the special use on and its compatibility with surrounding properties and neighborhoods
to ensure the appropriateness of the use at a particular location.
Chapter 10.12.01(B) of the Lyon County Code stipulates that:
The Commission shall, at the public hearing, hear and consider such testimony, written
communications or documents as presented relative to the permit application. Said Commission,
at the conclusion of the hearing, shall recommend: issuance, conditional issuance or denial of the
permit or the modified permit.
Staff Recommendation:
Staff recommends approval of this request with the imposition of the conditions of approval as
proposed below.
Alternative Findings and Motions:
The alternative motions suggested below are offered for Planning Commission consideration.
Alternative for Approval:
If the Commission determines that there is sufficient reason to issue a special use permit to this
applicant, the Commission should make findings in support of the request and move to
recommend the issuance of the special use permit with conditions as listed below. The Planning
Commission may wish to consider a motion similar to the following:
A. The continuation of the proposed use at the specified location is consistent with the
general purpose and intent of the applicable zoning district regulations;
B. The continuation of the proposed use will not be detrimental to the use, peaceful
enjoyment, economic value, or development of surrounding properties or the general
neighborhood; and is compatible with and preserves the character and integrity of
adjacent development and neighborhoods or includes improvements or modifications
either on-site or within the public right-of-way to mitigate development related to adverse
impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity;
C. The continuation of the proposed use will not be detrimental to the public health, safety,
D. The continuation of the proposed use will not result in material damage or prejudice to
other property in the vicinity.
recommends approval of a special use permit for 51 Kit Kat LLC/Sagebrush Ranch, LLC to
operate a brothel at 51 Kit Kat Drive, Mound House (APN 019-073-07), subject to the
following conditions:
1. Compliance with all State, County and Federal requirements
2. Maintain current Lyon County business and brothel licenses.
Page 2 of 3
Planning-pe
Alternative for Continuance:
If the Planning Commission determines that additional information, discussion and public review
are necessary for a more thorough review of the proposed special use permit; the Planning
Commission should make appropriate findings and move to continue the Public Hearing with a
specific time period for the applicant to provide additional specific information necessary for the
analysis of the request. The Planning Commission may wish to consider a motion similar to the
following:
The Planning Commission finds that:
A. Additional information, discussion and public review are necessary for a more thorough
review of the proposed special use permit.
Based on the above findings and with the applicant’s concurrence, the Lyon County
Planning Commission continues the request for a special use permit for 51 Kit Kat
LLC/Sagebrush Ranch LLC to operate a brothel at 51 Kit Kat Drive, Moundhouse (APN 019073-07) for ____ days.
Alternative for Denial:
If the Commission determines that the request for a Special Use Permit should be denied, the
Commission must make findings supporting a denial. The Planning Commission may wish to
consider a motion similar to the following:
A. The continuation of the proposed use will be detrimental to the use, peaceful enjoyment,
economic value, or development of surrounding properties or the general neighborhood;
and is incompatible with and detrimental to the character and integrity of adjacent
development and neighborhoods, nor has the applicant proposed mitigation of adverse
impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity related to
the proposed project.
B. The continuation of the proposed use will be detrimental to the public health, safety,
C. The continuation of the proposed use will result in material damage or prejudice to other
property in the vicinity.
recommends denial of a special use permit for 51 Kit Kat LLC/Sagebrush Ranch LLC to
operate a brothel at 51 Kit Kat Drive, Mound House (APN 019-073-07).
Page 3 of 3
Planning-pe
Bill No. ________
Ordinance No. ________
SUMMARY: AN ORDINANCE AMENDING LYON COUNTY CODE
TITLE 10 – LAND USE REGULATIONS; BY AMENDING:
CHAPTER 4 – NONRESIDENTIAL DISTRICTS, REVISING
SECTION 3 – M-1, GENERAL INDUSTRIAL DISTRICT, TO
ESTABLISH PROHIBITED USES; AND OTHER MATTERS
PROPERLY RELATED THERETO.
TITLE:
AN ORDINANCE AMENDING LYON COUNTY CODE
TITLE 10 – LAND USE REGULATIONS; BY AMENDING:
CHAPTER 4 – NONRESIDENTIAL DISTRICTS, REVISING
SECTION 3 – M-1, GENERAL INDUSTRIAL DISTRICT;
AND OTHER MATTERS PROPERLY RELATED THERETO.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE BOARD OF COUNTY COMMISSIONERS OF LYON COUNTY, NEVADA
DOES HEREBY ORDAIN:
Section 1. Lyon County Code; Title 10 – Land Use Regulations is hereby amended
to revise the following chapter:
CHAPTER 4: NONRESIDENTIAL DISTRICTS
10.04.03: M-1, GENERAL INDUSTRIAL DISTRICT:
The uses of land in the general industrial district (M-1) must comply with the following
requirements:
A. Site And Structure Requirements:
1. Lot Area: Required area is seven thousand (7,000) square feet minimum.
2. Lot Width: Each lot shall be a minimum of fifty feet (50') average width.
3. Setbacks: There are no required front, side or rear yards.
B. Uses Permitted: Permitted uses on a lot or parcel having the required area and width
are as follows: any use permitted in C-2 district, manufacturing, rebuilding, repairing,
processing, assembly, fabrication, distributing, storage, warehousing, shipping, auto
body repair, truck depot, cleaning and dyeing, except as requiring a special use permit,
and adult characterized businesses.
C. Prohibited Uses: Uses specifically prohibited are as follows:
1
Field Code Changed
Any residential use (except incidental to a permitted use where a watchman or
owner may reside in the same structure that the business occupies, or
watchman’s quarters as permitted in 10.09.02 G), hotels, motels, mobile home
parks and recreational vehicle parks or other similar uses.
Churches, schools, institutions and other similar public and semipublic uses.
CD. Special Uses:
1. Uses Requiring A Permit: Uses requiring a special use permit are as follows:
Acetylene manufacturing and sales.
Asphalt manufacturing.
Billboards.
Bulk station (fuel including gas, oil and propane).
Chemical manufacturing.
Chromium plating.
Coal and coke yard.
Commercial wind energy conversion systems.
Concrete batch plant.
Creosote manufacturing.
Disinfectant manufacturing.
Dump refuse or disposal yard.
Dye manufacturing.
Electroplating works.
Excavation.
Explosive, ammunition manufacturing or storage.
Farmers' market.
Fertilizer manufacture or storage of an amount equal to or in excess of one thousand
(1,000) pounds.
Flea market.
Foundry.
Gravel/sand pit - topsoil stripping.
Incineration of animals, garbage and/or tires for fuel and/or for disposal.
Insecticide manufacturing.
Kennel.
Leather tanning.
Lubrication compounds, manufacturing.
Matches, manufacturing.
Metal ore reduction.
Milling company.
Mining (including extracting or processing).
Mobile home storage and rebuilding lot.
Ore dump.
Oxygen manufacturing.
Paint manufacturing.
Pesticide manufacture or storage in an amount equal to or in excess of one thousand
(1,000) pounds.
2
Plastic products manufacturing.
Quarry, stone.
Racetrack.
Rifle range.
Rock crushing and stripping.
Sand and gravel excavations.
Tire manufacturing or recapping.
Other like uses.
2. Open Agricultural And Related Uses:
a. Farms for the raising or growing and marketing on a commercial scale of tree, bush
and field crops.
(1) All farms for the raising or growing and marketing on a commercial scale of tree and
bush crops and field crops shall be established and operated in accordance with the
following standards:
(A) Lot Area: Required area is one acre minimum, excluding road rights of way.
(B) Buildings For Sale Of Products: Buildings for the sale and display of products grown
or raised on premises; provided, no such buildings are situated closer than fifty feet (50')
to any property line.
(C) Operations In Enclosed Building: With the exception of crop production, all
operations other than pick ups and deliveries shall be carried on within an enclosed
building, provided that equipment in operable condition when used or operated may be
stored in the open, and normal daily wastes may be stored in containers not in a
building when such containers are not readily visible from a public street. The provisions
of this paragraph shall not be construed to prohibit vehicles, farm machinery, trailers, or
similar equipment in operable condition when in association with a permitted use.
b. Agricultural and related uses involving the raising, growing, feeding, processing and
marketing of animals, such as birds, livestock, poultry, rabbits, swine and wild game,
including, but not limited to:
Farms for the raising or growing and marketing on a commercial scale of poultry,
rabbits, livestock, swine and wild game.
Farrowing pens.
Feedlots.
Livestock sales and shipping.
Slaughterhouse, meatpacking.
Stockyard.
Tannery.
3
(1) All agricultural and related uses enumerated in this subsection C2b above shall be
designed, located, established and operated with full consideration to their proximity to
all adjacent uses, their effect upon adjacent and surrounding properties, to the reduction
of nuisance factors, and in accordance with the following standards:
(A) Minimum setbacks from exterior parcel boundaries, and from any road or street:
(i) Pasture for grazing animals: No setback required.
(ii) Buildings, pens, enclosures and areas for concentrated feeding, holding, processing,
raising, receiving, sorting and shipping animals, and enclosed facilities and sites for
handling, processing, storing, and shipping of animal byproducts, manure and wastes:
Animal Units Setback (In Feet)
0 – 249
660
250 - 999
990
1,000+
1,320
(iii) Nonenclosed facilities and sites for handling, processing, storing, and shipping of
animal byproducts, manure and waste:
Animal Units Setback (In Feet)
0 – 249
990
250 - 999
1,320
1,000+
2,640
(B) Guidelines for determining animal units:
Animal
1 mature dairy cow
AU Per Animal 100 AU Equals
1 .4
71 animals
1 dairy calf under 500 pounds 0 .5
200 animals
1 slaughter steer or heifer
1 .0
100 animals
1 horse
1 .0
100 animals
4
1 swine 55 pounds or more
0 .4
250 animals
1 swine under 55 pounds
0 .05
2,000 animals
1 suckling pig
0 .01
10,000 animals
1 duck
0 .2
500 animals
1 sheep
0 .1
1,000 animals
1 turkey 10 pounds or more
0 .018
555 animals
1 turkey under 10 pounds
0 .01
10,000 animals
1 chicken
0 .01
10,000 animals
Note: For animals not listed, the average weight of the animal divided by 1,000 pounds
will determine its animal unit (AU) value.
(C) Will be operated and maintained to prevent the creation of a nuisance;
(D) With the exception of outside pens, pastures and enclosures for raising, feeding and
sorting, all operations other than pick ups and deliveries shall be carried on within an
enclosed building, provided that equipment in operable condition when used or
operated may be stored in the open, and normal daily wastes may be stored in
containers not in a building when such containers are not readily visible from a public
street. The provisions of this paragraph shall not be construed to prohibit vehicles, farm
machinery, trailers, or similar equipment in operable condition when in association with
a permitted use;
(E) Will comply with Lyon County codes and regulations, and any applicable laws and
regulations of state or federal agencies;
(F) No wastes of a chemical or organic nature shall be injected or buried in the ground
or stored in the open on the surface except in approved containers; and
(G) Statements and plans indicating the manner in which impacts to neighboring
properties and uses, and dangerous and objectionable elements involved in processing
and in equipment operations are to be eliminated or reduced to acceptable limits and
tolerances must be submitted with an application for a special use permit.
3. Within Three Hundred Feet Of State Right Of Way: Within three hundred feet (300')
of any state right of way, all industrial uses shall require a special use permit issued by
the commission. No wrecking or junk yards permitted.
5
4. Uses Which Produce Excessive Noise, Odor, Etc.: Other uses requiring a special use
permit are those which may produce excessive noise, gaseous byproducts, noxious
odors of an inflammable or explosive nature, cause dust which may be offensive to
adjoining property owners or which the administrator may consider to be detrimental to
the public health and safety.
Section 2. If any section of this ordinance or portion thereof is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such holding shall not
invalidate the remaining parts of this ordinance.
Section 3. All ordinances, parts of ordinances, chapters, sections, subsections,
clauses, phrases or sentences contained in the Lyon County Code in conflict herewith
are hereby repealed.
Section 4. This ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
THIS RESOLUTION was proposed on the ____ day of ______________, 2015 by
the following County Commissioner(s): __________________________________.
THIS RESOLUTION has been PASSED, ADOPTED and APPROVED this ____
day of _______________, 2015 by the following vote of the Board of County
Commissioners, Lyon County:
AYES:
NAYS:
ABSENT:
ABSTENTIONS:
Board of County Commissioners
Lyon County
__________________________
By: Chairman
Attest:
6
____________________________
Clerk of the Board
7
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5
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Bill No. ________
24
DOES HEREBY ORDAIN:
25
26
27
28
29
30
31
32
to revise the following chapter:
SUMMARY: AN ORDINANCE AMENDING LYON COUNTY CODE TITLE
10 – LAND USE REGULATIONS; BY AMENDING:
CHAPTER 3 – RESIDENTIAL DISTRICTS, SECTION 1–
GENERAL PROVISIONS, REVISING SUBSECTION F, TO
REVISE THE PROVISIONS REGULATING ANIMALS AND
PETS TO PERMIT RABBITS, POTBELLY PIGS AND
FEMALE CHICKENS AND DUCKS ON SINGLE-FAMILY
RESIDENTIAL PARCELS SMALLER THAN ONE ACRE IN
SIZE; AND OTHER MATTERS PROPERLY RELATED
THERETO.
TITLE:
AN ORDINANCE AMENDING LYON COUNTY CODE TITLE
CHAPTER 3 – RESIDENTIAL DISTRICTS, SECTION 1 –
GENERAL PROVISIONS, REVISING SUBSECTION F; AND
OTHER MATERS PROPERLY RELATED THERETO.
10.03.01: GENERAL PROVISIONS:
The provisions of this Section apply in all residentially zoned districts.
A. Accessory Buildings:
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1. It is unlawful to construct, erect or locate private garages or other accessory
buildings without a permissible main building.
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2. A detached accessory building, not exceeding a mean height of fifteen feet (15'),
may occupy not more than one-half (1/2) of the total area of the rear yards;
providing, no such accessory building shall be nearer than five feet (5') to the rear
and side property line nor closer than is provided herein to main buildings on the
same or adjacent lots, providing there is sufficient area to comply with State
regulations regarding individual septic disposal systems.
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3. A detached accessory or additional main building shall be located no closer than
ten feet (10') to any other building on the same lot.
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4. An accessory building may be connected to the main building by a breezeway; in
which case, it is considered attached and full yards as might otherwise be required
will apply.
B. Building Height:
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1. No building or mobile home shall exceed a height of two and one-half (21/2) stories
or thirty five feet (35'), except as specified herein.
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2. Requirements of this Title shall not apply to parapet walls extending four feet (4') or
less above the limiting height of the building on which they rest, or to bulkheads,
elevator towers, one story penthouses, water tanks or similar structures; provided,
that aggregate floor area of such structures is not greater than one-half (1/2) of the
total roof area.
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3. Requirements of this Title shall not apply to church spires, belfries, cupolas, domes,
chimneys, flues, flagpoles, and the like, except where they may be deemed a
hazard.
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4. Churches, schools and public buildings may exceed maximum height limitations of
the respective zoning district subject to the issuance of a special use permit by the
Board.
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5. Where the average slope of a lot is greater than one foot (1') rise or fall in six feet
(6') of distance, an additional story will be permitted on the downhill side of the
building.
C. Lot Area:
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1. No lot or parcel shall be so reduced in area as to be less in any dimension than is
required by the requirements applicable to the zoning district in which such lot is
located.
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2. No portion of any lot or parcel of land which is part of required area for an existing
building shall be used as a part of required area of any other lot or parcel or
proposed building. When a portion of any lot or parcel is sold or transferred and the
area of that portion or the portion remaining no longer conforms to required areas
as defined in the zoning district in which such lot or parcel is located, the portion
sold or transferred and the portion remaining shall be considered as one parcel only
in determining the permissible number and location of buildings allowed to be
placed on both parcels.
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D. Yards:
1. Generally:
a. No required or open space around an existing building or any building hereafter
erected shall be considered a yard or open space for any such building on an
adjoining lot or parcel.
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b. Walls or fences not over six feet (6') in height may be erected on lot lines except
in required front yard area. Walls or fences not over four feet (4') in height may be
built anywhere on the lot, except as provided in subsection D2b of this section.
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c. Any lighting facilities shall be so installed as to reflect away from adjoining
properties.
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2. Front Yards:
a. On through lots, either end lot line may be considered the front line. In which
case, the minimum rear yard shall be not less than the required front yard in the
district in which such lot is located.
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b. There shall be no vision obstructing fence, shrubbery or other obstruction over two
feet (2') in height installed or allowed within twenty five feet (25') of any street corner.
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c. On a corner lot, one of the yards abutting a street shall be subject to front yard
setback requirements.
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d. Where average slope of the front half of the lot is more than one foot (1') rise or fall
in four feet (4'), the front yard may be reduced to not less than half of the original.
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3. Side Yards: Projecting outside stairs, porches, landing places, fireplaces and the
like may extend into a required side yard for a distance of not to exceed two feet
(2').
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4. Rear Yards: A projecting outside stair, porch or landing place, if unenclosed, may
extend into a rear yard for a distance of not to exceed four feet (4').
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E. Off Street Parking Requirements:
1. Schedule: Off street requirements shall not be less than:
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a. Two (2) off street parking spaces for each single-family unit, including mobile
homes and duplexes.
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b. One and one-half (11/2) parking spaces for each dwelling unit in each multiple
arrangement, including townhouses, apartments, etc.
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c. One parking space for each two (2) rooms or suites in a rooming house or
guesthouse.
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d. One space for each five hundred (500) square feet of gross floor area for any
nonresidence use permitted in any residence district.
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e. Combination of uses permitted shall provide off street parking space in ratio to
combined uses.
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2. Location: Off street parking may be provided in required front or side yard or rear
yard areas in any residential zone.
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3. Existing Facilities: Existing off street parking facilities shall not be reduced or
eliminated to an amount less than that required for new buildings.
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4. Design: All off street parking facilities shall comply with recognized standards and
dimensions. (Ord. 374, 11-5-1992, eff. 11-27-1992)
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F. Animals and Pets: No person shall keep any livestock or farm animals except as provided
below:Animals And Pets: No barnyard animals or poultry shall be kept unless the lot
or parcel is zoned rural residential and is one gross acre or more in size. Lots or
parcels greater than or equal to one-half (1/2) gross acre but less than one gross acre
existing as of September 1, 1995, located in the Mark Twain estates unit 10
subdivision as described by map number 32781 are exempt from this provision. Only
two (2) horses per lot or parcel are permitted under this exemption.
The number of barnyard animals or poultry kept on property shall be limited to: 1) a
quantity that will cause no harm to the animals, 2) a quantity that will cause no harm
to the environment or ground water, and 3) a quantity that will cause no harm to
neighboring lots, parcels and/or owners. (Ord. 525, 10-2-2008)
1. On parcels zoned Rural Residential (i.e., RR-1, RR-2, and RR-3, RR-4 and RR-5):
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a. Barnyard animals may be kept on lots or parcels one gross acre or greater in
land area.
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b. On lots or parcels greater than or equal to one-half (1/2) gross acre but less than
one gross acre in size existing as of September 1, 1995, located in the Mark
Twain estates unit 10 subdivision as described by map number 32781, barnyard
animals may be kept. Only two (2) horses per lot or parcel are permitted under
this provision.
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c. The number of barnyard animals or poultry kept on property shall be limited to:
1) a quantity that will cause no harm to the animals, 2) a quantity that will cause
no harm to the environment or ground water, and 3) a quantity that will cause no
harm to neighboring lots, parcels and/or owners.
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2. On single-family residential properties less than one (1) gross acre in land area, a
maximum of two (2) rabbits, two (2) potbelly pigs, that weigh less than one hundred
fifty (150) pounds each, or four (4) female chickens or female ducks may be kept as
provided below. Lots or parcels greater than or equal to one-half (1/2) gross acre but
less than one gross acre existing as of September 1, 1995, located in the Mark Twain
estates unit 10 subdivision as described by map number 32781 are exempt from this
provision per paragraph 1.b. above.
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a. Female chickens or female ducks may be kept subject to the following
requirements:
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i.
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ii. The enclosure shall be cleaned regularly to prevent offensive odors from
becoming a nuisance;
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iii. Neither the enclosure nor the outdoor enclosed area may be located less
than twenty (20) feet from any residence on adjoining parcels and ten (10)
feet from any property line;
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iv. The chickens or ducks shall not be permitted to roam free beyond any
property line.
A covered, predator-resistant enclosure must be provided that is properly
ventilated, designed to be easily accessed, cleaned and maintained, and at
least two (2) square feet per chicken or duck in size;
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G. Recreational Vehicles: It is unlawful to reside in a recreational vehicle within Lyon
County except as provided herein and as provided by title 13 of this code, without
first obtaining a permit.
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1. Permit: A permit to reside in a recreational vehicle may be issued by the Lyon
County Building Department if the following conditions have been complied with:
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a. The permittee owns the property on which the recreational vehicle is to be
placed;
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b. The permittee has applied and been issued a permit to build a single-family
dwelling for his own use on the property on which the recreational vehicle is to be
placed; and
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c. The land on which permittee wishes to place the recreational vehicle has been
improved with both water and sewer/septic facilities.
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2. Conditions: The following conditions apply to all permittees:
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a. A permit may be issued for a period not to exceed one year and may be renewed
only once for a period of six (6) months;
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b. During the period that the permit is in effect, construction on the dwelling must be
ongoing; (Ord. 369, 6-4-1992, eff. 6-19-1992)
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c. (Rep. by Ord. 371, 8-6-1992)
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d. The permittee must disconnect the recreational vehicle from all utilities, and
discontinue using the recreational vehicle for residence purposes, when the permit
expires or when the dwelling is complete, whichever comes first; and
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e. The permittee shall allow the County to remove, or have removed, the
recreational vehicle if any of these conditions are not complied with. (Ord. 369, 6-41992, eff. 6-19-1992)
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3. Subdivision Construction Sites: The owner of a subdivision in active construction
may apply for a permit to utilize one recreational vehicle as a watchman's quarters
for one year with the possibility of a six (6) month extension if the following
conditions are met:
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a. The permittee owns the land on which the recreational vehicle will be placed.
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b. The permittee has recorded a subdivision map that includes the land on which
the recreational vehicle will be placed.
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c. The land on which the permittee wishes to place the recreational vehicle has
been improved with both water and sewer/septic facilities.
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d. During the period that the permit is in effect, construction of buildings must be
ongoing. The issuance of two (2) building permits a month shall create a rebuttable
presumption that construction is ongoing.
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e. Only one recreational vehicle per subdivision is allowed.
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f. The permittee must disconnect the recreational vehicle from all utilities, and
discontinue using the recreational vehicle for watchman's purposes, when the
permit expires or when the subdivision is eighty percent (80%) built out.
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g. The permittee shall allow the County to remove, or have removed, at the
permittee's expense, the recreational vehicle if any of these conditions are not
complied with. (Ord. 414, 8-17-1995, eff. 9-1-1995)
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Section 4. This ordinance shall be in full force and effect from and after its
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AYES:
NAYS:
ABSENT:
ABSTENTIONS:
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Lyon County
__________________________
By: Chairman
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Attest:
____________________________
Clerk of the Board
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Bill No. ________
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SUMMARY: AN ORDINANCE AMENDING LYON COUNTY CODE TITLE
CHAPTER 4 – NONRESIDENTIAL DISTRICTS, ADDING
SECTION 11 –SCMU, SUBURBAN COMMERCIAL MIXED
USE DISTRICT; TO ESTABLISH THE STANDARDS AND
CRITERIA FOR THE NEW SUBURBAN COMMERCIAL
MIXED USE ZONING DISTRICT; AND OTHER MATTERS
PROPERLY RELATED THERETO.
TITLE:
AN ORDINANCE AMENDING LYON COUNTY CODE TITLE
CHAPTER 4 – NONRESIDENTIAL DISTRICTS; ADDING:
SECTION 11 - SCMU, SUBURBAN COMMERCIAL MIXED
USE DISTRICT; AND OTHER MATERS PROPERLY
RELATED THERETO.
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DOES HEREBY ORDAIN:
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to add the following chapter:
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CHAPTER 4: NONRESIDENTIAL DISTRICTS
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10.04.10: SCMU, SUBURBAN COMMERCIAL MIXED USE DISTRICT:
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Purpose:
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The purpose of the Suburban Commercial Mixed Use District is to create an
interim district to initiate implementation of provisions of the Lyon County
Comprehensive Master Plan while Lyon County develops a consolidated
development code. The regulations for the Suburban Commercial Mixed Use
District provide opportunities for compatible commercial and residential
development at locations and at a scale designated by the Comprehensive Master
Plan as commercial mixed use in Suburban Character Areas. The District is
intended to provide for a land use pattern with mixed commercial and residential
uses arranged horizontally and/or vertically through proper design. The goal of
the district is to provide for a better jobs-housing balance, encourage
development of community oriented commercial centers, conserve land
resources, reduce commuter trips, and provide housing opportunities.
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The uses of land in the Suburban Commercial Mixed Use (SCMU) District must
comply with the following requirements:
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A. Site And Structure Requirements:
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1. Minimum Project Lot Area: Five thousand (5,000) square feet (net). No
minimum lot area is required for lots within approved commercial mixed
use subdivisions provided all other zoning and development standards are
met.
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2. Project Lot Width: Each lot shall be a minimum of fifty feet (50') average
width.
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3. Minimum Building Frontage Along Primary Street Frontage: 50 feet or 70%
of frontage width, whichever is greater.
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4. Setbacks:
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a. From property lines abutting adjacent public rights-of-way or from front
property line if the building is oriented toward the street and accesses the
public sidewalk, 0 feet.
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b. From property lines abutting residential uses, not less than 10 feet
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c. From property lines abutting commercial or industrial zones or uses, 0
feet.
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d. Rear, 10 feet, or 0 feet if a dedicated alley exists.
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5. Building Height: 45 feet, with a minimum of fifty-percent (50%) of the project
structures being two (2) stories in height.
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6. Maximum Density: The residential density must not exceed 16 units per
gross acre and shall be no greater than one (1) dwelling unit per 2500
square feet of net lot area provided the minimum requirements for
commercial development are met.
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7. Floor Area Requirements: Between 30 percent and 50 percent of the total
project floor area must be devoted to commercial uses, with 50 percent to
70 percent of the project floor area devoted to residential uses.
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8. Maximum Floor to Area Ratio: Two and one-half (2.5) square feet of gross
floor area per one (1) square foot of lot area.
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Note Floor Area Ratio (FAR): The ratio of gross floor area on a parcel to
the total parcel area.
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9. Compatibility and Integration: Structures must be architecturally
compatible with and enhance the surrounding neighborhood. Projects
should integrate the residential and commercial uses, either vertically or
horizontally.
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10. Off-Street Parking Regulations And Requirements: Off-street parking
regulations and requirements as set forth in Sections 10.03.01 E and
10.04.01 C shall apply, except as modified herein.
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a. No off-street parking is required for non-residential uses unless the use
exceeds 3000 square feet of gross floor area in which case one (1) offstreet parking space is required for every 300 square feet beyond 3000
square feet.
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b. Fifty percent (50%) of the available curb parking space adjacent to the
exterior boundaries of the property may be deducted from the total offstreet parking facilities required, except for residential units.
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c. Suitable, available, adjacent or nearby parking spaces may be utilized
for the required off-street parking (up to 300 feet away), except for
residential units. The facilities must be approved by the planning
director for size, shape and relationship to business sites to be served.
The total of the off-street parking facilities when used together must not
be less than the sum of the various uses computed separately.
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d. Location: Off street parking may be provided in side or rear yards. Off
street parking is not permitted in a yard abutting a street.
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e. Exemption: No legal building or use as it exists at the time of the
effective date of this zoning district shall be deemed to be
nonconforming solely by reason of the lack or location of off-street
parking facilities. If any portion of the premises is being used for offstreet parking in connection with any building or use, the parking shall
not be reduced below the requirements of this zoning district. Changes
in use and increases in floor area shall require conformance with the
parking provisions of this zoning district.
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11. A residential use existing on the effective date of this ordinance may
continue as a permitted use indefinitely, provided that the residential use is
not expanded by the addition of new residential occupancies. When such
an existing residential use is expanded to add additional residential
occupancies, at least 30% to 50% of the total project floor area shall be
developed for commercial use.
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12. Vacant parcels existing on the effective date of this ordinance, and all new
parcels created after the effective date of this ordinance, shall be developed
in accordance with paragraph A.7. above.
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13. Outdoor Lighting: Any exterior lighting facilities shall be so installed as to
reflect away from adjoining properties and shall comply with Chapter 10.20,
Outdoor Lighting Control.
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B. Uses Permitted:
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1. Permitted commercial uses on a lot or parcel having the required area,
width, and when within a building, are: offices, services, restaurants
(outdoor seating is permitted), bars, lodging, retail sales, public assembly,
plus other uses of a similar nature, except as requiring a special use
permit:
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2. Outside Storage: Outside storage is not allowed.
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3. Permitted residential uses on a lot or parcel having the required area and
width are single-family detached and attached dwellings, multi-family
dwellings, and single-family and multi-family dwellings in the same
structure as a permitted commercial use, except as requiring a special use
permit.
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C. Special Uses:
1. Uses requiring a special use permit are as follows:
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Childcare facilities, other than home occupation childcare for hire as
defined in this title not required to have a special use permit.
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Government administration and civic facilities.
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Rest home, convalescent home, nursing home, group care facility.
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Other like uses.
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D. Restrictions on Permitted Uses:
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1. All items sold, offered for sale or displayed shall be kept within a building.
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3. Items offered for sale shall not be displayed between the street and any
building.
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5. Commercial Coaches: Commercial coaches are prohibited.
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6. Animals: No barnyard animals shall be kept.
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Section 4.
This ordinance shall be in full force and effect from and after its
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AYES:
NAYS:
ABSENT:
ABSTENTIONS:
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Lyon County
__________________________
By: Chairman
Attest:
____________________________
Clerk of the Board
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JUNE 9, 2015 PC AGENDA AND BACK UP

Transcription

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