18.08.307 - Post-Decision Actions and Limitations
(a) Effective Date of Approval Unless otherwise provided in this Title, a decision made under this Chapter shall be final on the date of the decision unless, the decision is appealable and an appeal has been filed pursuant to Subsection 18.08.307(j), Appeal.
(b) Notice of Decision
(1) The Administrator shall provide written notification of the decision to the applicant via personal delivery, electronic mail, or first-class mail to the applicant and shall make a copy of the decision available to the public in a conspicuous location such as the official meeting notice board in City Hall.
(2) If the review involves a quasi-judicial hearing, the Administrator shall provide a written notification of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of the subject site, and any other person that submitted a written request for a copy of the decision.
(c) Expiration of Approval
(1) Some applications may be subject to a schedule of development, a set time period for development of specific improvements, establishment of a specific use or uses for which the approval is requested, and/or the expiration time periods.
(2) A change in ownership of the land shall not affect an established expiration time period of an approval.
(3) A new application is required to be submitted after an application has expired or become invalid.
(4) The applicant shall pay all applicable fees and charges for the new application as if no application had been previously submitted.
(5) The new application shall be regularly scheduled with no priority given because a previous application had been submitted on the matter.
(6) The new application shall be considered as a new project with no priority given because of previous decisions or conditions of approval.
(d) Revocation of Approval
(1) Failure to comply with any conditions of approval or any expiration of approval of any permit granted through a discretionary action shall result in the initiation of revocation procedures and any other enforcement procedures provided for by the Reno Municipal Code.
(2) The Planning Commission shall notice and hold a public hearing upon the revocation of any permit granted through a discretionary action.
(3) The Planning Commission shall submit recommendations to City Council and notify the applicant and property owner no later than seven days after the submission of the report to the Clerk of the City Council.
(4) The City Council may, upon receipt of recommendations for revocation of a permit, provide notice of a public hearing to revoke the permit for failure to comply with any conditions or timelines for action associated with the permit. The City Council may also impose additional conditions, or it may reinstate the permit.
(5) A decision to revoke an approval shall be supported by a finding that the owner or responsible party is in substantial nonconformance with the conditions of approval or City ordinances.
(e) Extension of Approval
(1) Allowances and restrictions for extensions of approval, if any, are identified by application type in this Chapter.
(2) All decisions regarding time extensions are subject to Subsection 18.08.307(j), Appeal.
(3) If, in order to construct an approved project or operate an approved business, an applicant must first obtain a permit or approval from another governmental agency before applying for a building permit or business license, then, upon submission of appropriate documentation showing reasonable diligence in attempting to secure that permit or approval, the Administrator shall automatically extend the time limit for the amount of time between the date the applicant submitted an application for the permit for approval and the date the permit was issued or the approval granted.
(4) If the applicant participates as a defendant or respondent in any legal challenge related to a project approval, then, upon submission of appropriate documentation showing reasonable diligence in resolving the legal challenge, the Administrator shall automatically extend the time limit for the amount of time between the date the legal challenge was filed and the date the challenge was resolved or decided.
(f) Minor Modification or Amendment of Approval
(1) The Administrator may approve minor facade alterations, minor changes in the site plan and minor changes in the conditions of approval at the request of the applicant and/or owner as long as the Administrator first determines that:
a. The proposed changes are consistent with applicable provisions of this Title;
b. The proposed changes are within the scope of the original approval;
c. The proposed changes will not adversely impact neighboring properties or the public in general; and
d. The proposed changes respond to comments made or during the public hearing or involve issues that were not contested at the public hearing.
(2) The Administrator may require public notice prior to approving changes on contested projects. No other changes may be made without an amendment to the application, utilizing the process outlined above, unless such changes are required as a condition of approval of the original application.
(g) Compliance with Plans All work involved in constructing and operating a project approved pursuant to this Title shall comply with all plans, reports, renderings, and materials that were submitted or presented as a part of the application. City Codes shall prevail in the event of a conflict between the approved plans and the City Codes in effect when the building permit is reviewed.
(h) Limitation on Subsequent Similar Applications An applicant whose application is finally denied may not institute a new application on substantially the same project within 12 months from the date of final action on the original application, unless the City Council has first determined that the original decision was based on an error, lack of information, or a misrepresentation of the facts, or the Administrator has determined that there has been a substantial change in the subject project or an amendment to applicable provisions of this Title.
(i) Temporary Certificates of Occupancy
(1) During the non-growing season (November 1 through April 30), grading completed to rough grade for a construction phase will be acceptable for issuance of temporary certificates of occupancy for individual dwellings or commercial units provided that security is made payable to the City, to cover the final grading and landscaping in the estimated amount of the contracted price plus 20 percent, as determined by and posted with the Development Services Department.
(2) Construction phases in which units have been issued a temporary certificate of occupancy must be brought to finish grade and landscaped before July 1 or no further certificates of occupancy will be issued within the subdivision phase until all final grading and landscaping within that phase have been completed.
(3) If the landscaping is not installed to the satisfaction of the City, the City may call the security to complete the final grading and landscaping and seek any other remedies available under the law.
(4) During the growing season (May 1 through October 31), the Administrator may authorize the issuance of a temporary certificate of occupancy for good cause subject to applicable requirements of this subsection and any other requirements that may be necessary to minimize impacts and ensure the timely completion of all required work.
(j) Appeal
(1) Appeal of Administrative Decisions to City Council
a. Applicability The following permit applications subject to an administrative decision may be appealed to the City Council:
1. Minor Deviation,
2. Minor Conditional Use Permit,
3. Minor Site Plan Review, and
4. Administrative Interpretation.
b. Appeal Submittal
1. The Mayor, any member of the City Council, or any person or entity aggrieved by an administrative decision may appeal such decision to the City Council by filing a written appeal with City Clerk within ten working days after the filing of notice of the final action, decision, or order.
2. The written notice of appeal must briefly specify the grounds of the appeal on the appropriate form accompanied by the required fees.
3. Any other aggrieved person may file a subsequent appeal within the time allotted for appeal with payment of fees. Any subsequent appeal will not affect the date on which the City Council hears the appeal.
4. Any appellant may withdraw their appeal.
5. If any appeal is withdrawn, the City Council shall hear all remaining appeals.
c. Appeal Scheduling The City Clerk shall schedule an appeal before the City Council no less than 14 days or more than 45 days following the last day of the appeal period following the administrative decision.
d. Review and Decision
1. The City Council shall be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS Section 278.310 to determine whether the Administrator committed an abuse of discretion.
2. The City Council, after a public hearing, shall have the power to affirm, reverse, or modify the administrative decision.
3. The City Council must render a decision within 30 days of the public hearing.
(2) Appeal of Administrative Decisions to Hearing Examiner
a. Applicability All other administrative decisions made pursuant to this Title may be appealed to the Hearing Examiner.
b. Appeal Submittal
1. The Mayor, any member of the City Council, or any person or entity aggrieved by their inability to obtain a building permit or by any decision made by an administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of any zoning regulation or any regulation relating to the location or soundness of structures in the administration and enforcement of this Title may appeal such decision to the Hearing Examiner by filing a written appeal with the Development Services Department within ten working days after the filing of notice of the final action, decision, or order with the Clerk or Secretary of the Planning Commission.
2. The written notice of appeal must briefly specify the grounds of the appeal on the appropriate form accompanied by the required fees.
3. Any other aggrieved person may file a subsequent appeal within the time allotted for appeal with payment of fees. Any subsequent appeal will not affect the date on which the Hearing Examiner hears the appeal.
4. Any appellant may withdraw their appeal.
5. If any appeal is withdrawn, the Hearing Examiner shall hear all remaining appeals.
c. Staff Action The Administrator will place the appeal on the Hearing Examiner's calendar at its next regularly scheduled meeting, commencing at least 14 days after the last day of the appeal period.
d. Review and Decision
1. The Hearing Examiner shall be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS Section 278.310 to determine whether the Administrator committed an abuse of discretion.
2. The Hearing Examiner, after a public hearing, shall have the power to affirm, reverse, or modify the administrative decision.
3. The Hearing Examiner must render a decision within 30 days of the public hearing.
4. If the administrative decision is predicated upon a notice of violation written pursuant to Chapter 1.05, Code Enforcement, and the Hearing Examiner finds that a violation has occurred, the Hearing Examiner shall forward the case to the City Clerk for further action under Chapter 1.05, Code Enforcement.
e. Appeal The decision of the Hearing Examiner regarding administrative appeals may be appealed to the City Council in accordance with subsection (3), below.
(3) Appeal of Planning Commission and Hearing Examiner Decisions
a. General
1. The Mayor, any member of the City Council, or any person or entity aggrieved by the decision of the Planning Commission or Hearing Examiner, may appeal such decision by completing an appeal form briefly setting forth the grounds of the appeal available in the City Clerk's office and filing it with the City Clerk within ten working days after the date of filing of notice of the final action, decision, or order with the Clerk or Secretary of the Planning Commission accompanied by the required fees.
2. Any other person or entity aggrieved by a decision of the Planning Commission or Hearing Examiner may file a subsequent appeal within the time allotted for appeal with payment of fees. Any subsequent appeal will not affect the date on which the City Council will hear the appeal.
3. Any appellant may withdraw their appeal.
4. If any appeal is withdrawn, the City Council shall hear all remaining appeals.
b. Review Process
1. Scheduling and Notice of Public Hearing
[a] The City Clerk shall schedule an appeal from the Planning Commission or Hearing Examiner for public hearing before the City Council no less than 14 days or more than 45 days following the last day of the appeal period following the Planning Commission or Hearing Examiner decision.
[b] The City Clerk shall mail notice of the public hearing to the appellant and all others who were mailed a notice of the public hearing before the Planning Commission or Hearing Examiner.
2. City Council Action
[a] After the public hearing, the City Council shall review the decision of the Planning Commission or Hearing Examiner and shall be guided by the statement of the purpose underlying the regulation of the improvement of land expressed in NRS Section 278.020.
[b] The City Council shall consider the decision of the Planning Commission or Hearing Examiner and the reasons for the decision.
[c] The City Council shall affirm, modify, or reverse the appealed decision.
[d] The City Council shall render a decision within 30 days of the public hearing.
[e] If the decision is predicated upon a notice of violation written pursuant to Chapter 1.05, Code Enforcement, and the City Council finds that the violation has occurred, the City Council shall forward the case to the City Clerk for further action under Chapter 1.05, Code Enforcement.
3. City Council Decision
[a] A decision of the City Council is a final decision for the purpose of judicial review.
[b] With respect to a violation pursuant to Chapter 1.05, Code Enforcement, the decision of the City Council is a final decision regarding the existence of a violation for the purpose of judicial review.
c. City Clerk Duties If a case has been forwarded to the City Clerk pursuant to subsection (3)(e), above, the City Clerk shall set a case on the calendar of the Hearing Examiner.
(4) Appeal of the City Council's Decision to District Court Any aggrieved person who has appealed the decision of the Planning Commission, Board of Appeal, or Hearing Examiner to the City Council, and who is aggrieved by the decision of the City Council, may appeal the City Council's decision by filing a petition for judicial review with the District Court within 25 days after the date of filing of City Council's decision with the City Clerk's office, as set forth in NRS Section 278.3195(4).
(5) Judicial Review of First Amendment Applications
a. Judicial review may be sought in accordance with NRS Chapter 34.
b. Notwithstanding any right to initiate proceedings for judicial review under NRS Chapter 34, the City shall, upon written request for the City to initiate judicial proceedings made by an aggrieved applicant and filed with the City Clerk, within five working days of filing of the request, file an action with a court of competent jurisdiction seeking declaratory and/or injunctive relief, including temporary and/or preliminary relief, as to the propriety of the denial to determine the constitutionality of the denial on prior restraint grounds.
c. The aggrieved applicant shall make their request within 25 days after the date of filing of the final action, order, or decision with the Clerk of the governing body.
d. For the purposes of subsections b. and c., above, an aggrieved applicant is a person who asserts in their written request for the City to initiate judicial proceedings that the constitutionality of the denial of the application is being challenged on prior restraint grounds under the First Amendment of the United States Constitution or Section 9 of Article 1 of the constitution of the State of Nevada.
e. For purposes of subsection b., above, working days do not include Saturday, Sunday, or those days declared legal holidays pursuant to NRS Section 236.015.
(Ord. No. 6692, § 1(Exh. A), 1-8-25)
