18.01.403 - Nonconforming Uses
Nonconforming uses, as defined in Chapter 18.09 Rules of Construction and Definitions, are subject to Section 18.01.402, Regulations Applicable to All Nonconformities, and the following standards:
(a) Nonconforming Uses without Required Conditional Use Permit or Applicable Entitlement Except as otherwise limited by this article, a use that is required by this Title to have a conditional use permit or other applicable entitlement but that was legally established prior to the effective date of this Title or subsequent amendments thereto without a conditional use permit or other entitlement is deemed to have a conditional use permit or other entitlement. Such a use shall not be nonconforming solely because this Title now requires a conditional use permit or other applicable entitlement for the subject use.
(b) Change of Use Any nonconforming use may be changed to a use allowed in the applicable zoning district.
(c) Expansion or Establishment of a Nonconforming Use
(1) Conditional Use Permit Required Except as provided in this article, within an overlay district, or as permitted in Chapter 18.03, Use Regulations, no nonconforming use shall be enlarged, extended, or changed to a different nonconforming use, unless an application for a conditional use permit for the enlargement, extension, or change has first been approved. A change to a different nonconforming use shall only be allowed through the conditional use permit approval if there is documentation that the use was at one time legally established.
Approval shall be in accordance with Subsection 18.08.605(e), Findings, and the following specific findings:
a. The expansion or change of the nonconforming use will not damage the character or quality of the neighborhood in which it is located, or hinder the future development of the surrounding properties; and
b. Improvements necessary for the expansion are in conformance with requirements of this Title.
(2) Nonconforming Gaming Use
a. If the application for a conditional use permit is in conjunction with the proposed resumption or expansion of a nonconforming gaming use, including Hotels or Motels with Nonrestricted Gaming, then the Planning Commission and City Council shall make the following finding in addition to the general findings required for a conditional use permit:
1. The expansion of the nonconforming gaming use, including Hotels or Motels with Nonrestricted Gaming, is proposed in a manner that brings the use into closer conformance with the purpose, operational characteristics, and site development standards of the applicable zoning district and/or overlay zoning district.
b. A legally established nonconforming gaming use, including Hotels or Motels with Nonrestricted Gaming, (forced to relocate or close) as a result of a redevelopment project may relocate pursuant to NRS Section 463.1605 within the Mixed-Use Downtown Entertainment (MD-ED) zoning district, subject to the following conditions:
1. No nonconforming aspect of the business is increased;
2. Business square footage dedicated to gaming is not increased more than ten percent; and
3. Where site conditions allow, the use shall be brought into closer conformity with other sections of this Title (e.g., parking, landscaping, public space, etc.).
4. The property or business shall be considered conforming under current codes when paragraphs 1-3, above, are met.
5. Any rights perceived to accrue by virtue of paragraphs 1-4, above, above and beyond rights generally held by nonconforming properties terminate after one relocation.
(3) Improvements to Single-Family Residential Dwelling Any lawfully constructed single-family residential dwelling that is deemed to be a nonconforming use may make improvements to expand the main and accessory structures in accordance with other requirements of this Title and without a conditional use permit.
(d) Nonconforming Use Displaced by ReTRAC
(1) A legally established nonconforming use displaced (forced to relocate temporarily or permanently) because of Reno Transportation Rail Access Corridor (ReTRAC) may relocate subject to the following conditions:
a. The use is allowed by the property's zoning;
b. No nonconforming aspect of the use is increased;
c. A binding agreement is entered into with the City that:
1. Specifies what aspects and to what degree the use is nonconforming under this Title;
2. The obligation of the owner relating to timing of the move;
3. The obligation of the owner relating to timing of the move away from the ReTRAC area and relocation back into the ReTRAC area;
4. Guarantees performance; and
5. Is binding on all future successors and assigns.
(2) A legally established nonconforming nonrestricted gaming entitlement that has been displaced (forced to relocate temporarily or permanently) because of Reno Transportation Rail Access Corridor (ReTRAC) and meets the definition of a Hotel or Motel with Nonrestricted Gaming shall not be required to provide the minimum number of hotel or motel rooms to reestablish under this provision.
(e) Nonconforming Uses in Certain Urban and Employment Zoning Districts In the Mixed-Use Downtown (MD-) Districts, Mixed-Use Midtown Commercial (MU-MC) District, Mixed-Use Midtown Residential (MU-RES) District, Mixed-Use Urban (MU) District, Mixed-Use Suburban (MS) District, and Mixed-Use Airport (MA) District, the Administrator may approve the expansion of existing and legally established nonconforming uses if the proposed development expands the site, building, or business area by 100 percent or less and the Administrator finds the expansion meets the following specific findings:
(1) The expansion or change of the nonconforming use will not damage the character or quality of the neighborhood in which it is located, or hinder the future development of the surrounding properties; and
(2) Improvements necessary for the expansion are in conformance with requirements of this Title.
If the proposed development expands the site, building or business area of the nonconforming use by more than 100 percent, a conditional use permit shall be required, as set forth in Section 18.01.403(c)(1).
(f) Abandonment or Discontinuance of Nonconforming Use
(1) A nonconforming use that is abandoned or discontinued for a period of one year or more may only be resumed with a conditional use permit reviewed by the Planning Commission.
(2) A conditional use permit for nonconforming gaming shall meet the findings in Subsection 18.01.403(c)(2) and shall require the approval of the City Council.
(Ord. No. 6692, § 1(Exh. A), 1-8-25)
