NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING JANUARY 15, 2014

Transcription

1 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING JANUARY 15, 2014 Staff Report Agenda Item No. 11 CASE DESCRIPTION(S): LOCATION: APPLICANT(S): For possible action - Bill No : Discussion, deliberation and possible decision to recommend to the Board of County Commissioners to adopt, amend and adopt, or reject a Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by removing Commercial Kennel as a use allowed by Conditional Use Permit in the RE-1 (Rural Estates Residential 1-acre minimum parcel size) and RE-2 (Rural Estates Residential 2-acre minimum parcel size) zoning districts. (SO) This proposed amendment applies to the Pahrump Regional Planning District (PRPD) N/A STAFF CONTACT: Steve P. Osborne, AICP, Principal Planner - (775) PROJECT SYNOPSIS: Currently under Nye County Code, Commercial Kennel is a use allowed by Conditional Use Permit in the RE-1 (Rural Estates Residential 1-acre minimum parcel size) and RE-2 (Rural Estates Residential 2-acre minimum parcel size) zoning districts. Commercial Kennels are also allowed in the RH-9.5 (Rural Homestead Residential 9.5 acre minimum parcel size) and the RH-4.5 (Rural Homestead Residential 4.5 acre minimum parcel size) zones with a Conditional Use Permit. The purpose of this code amendment is to remove Commercial Kennel as a use allowed by Conditional Use Permit in the RE-1 and RE-2 zoning districts, while allowing Commercial Kennel to remain as a conditional use in the RH-9.5 and the RH-4.5 zones. CONCLUSIONS: Conclusions Staff finds sufficient justification to recommend approval. The proposed text amendment meets the findings as shown on page two (2). The proposed text amendment will improve the application of the Zoning Ordinance. STAFF RECOMMENDATION(S): Motion to recommend ADOPTION to the Board of County Commissioners, based upon the four (4) required case findings as shown on page two (2) of this report (or move to amend and adopt, or reject, based upon alternate or additional findings as established by the Pahrump Regional Planning Commission.)

2 Pahrump Regional Planning Commission Staff Report; Text Amendment Commercial Kennels January 15, 2014 Page 2 of 2 FINDINGS: Required findings for a proposed Text Amendment to the Zoning Ordinance as required under NCC (D) of the Nye County Code: 1. The proposed Text Amendment conforms to the adopted Master Plan. 2. The proposed Text Amendment will not adversely affect existing land uses and zoning districts. 3. Community growth and development factors indicate the need for, and appropriateness of, the proposed Text Amendment. 4. The proposed Text Amendment will provide clarity or readability to the Zoning Ordinance, will address or correct an oversight in the Zoning Ordinance, or improve the application of the Zoning Ordinance. ANALYSIS: Title 17 of the Nye County Code, known as the Pahrump Regional Planning District Zoning Ordinance, was established under Ordinance 229 and became effective in September of Since its inception, the Zoning Ordinance has been amended on several occasions. Nye County Code defines Commercial Kennel as follows: Kennel, Commercial: A place where any number of dogs or cats are boarded and kept for commercial purposes, including breeding, boarding, and/or training. This term does not include state inspected veterinary hospitals, or the county animal control shelter. Currently under Nye County Code, Commercial Kennel is a use allowed by Conditional Use Permit in the RE-1 (Rural Estates Residential 1-acre minimum parcel size), RE-2 (Rural Estates Residential 2-acre minimum parcel size), RH-9.5 (Rural Homestead Residential 9.5 acre minimum parcel size) and the RH-4.5 (Rural Homestead Residential 4.5 acre minimum parcel size) zones with a Conditional Use Permit. Commercial Kennels are also allowed in the General Commercial (GC) and Light Industrial (LI) zones with a Conditional Use Permit. The purpose of the RE-1 and RE-2 Rural Estates Residential Zones are to provide and preserve low density single-family residential living areas where livestock or other large animals may be kept as well as accessory buildings in a semi-rural setting on a minimum of 1 and 2-acre lot sizes. The Rural Estates Residential Zones are transitional in relationship to more urbanized residential areas of higher density. The purpose of this code amendment is to remove Commercial Kennel as a use allowed by Conditional Use Permit in the RE-1 and RE-2 zoning districts, while allowing Commercial Kennel to remain as a conditional use in the RH-9.5, RH-4.5, LI and GC zones. It could be viewed as appropriate to remove Commercial Kennel from the Rural Estates Residential Zones (RE-1 and RE-2) while allowing this use to remain only as a conditional use in the commercial and industrial zones as well as the more rural areas (RH zones) where larger parcel sizes are required and where this type of use may be more compatible with other uses in those areas. Attached is the proposed Text Amendment.

3 BILL NO NYE COUNTY ORDINANCE NO. SUMMARY: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by removing Commercial Kennel as a use allowed by Conditional Use Permit in the RE-1 (Rural Estates Residential 1-acre minimum parcel size) and RE-2 (Rural Estates Residential 2-acre minimum parcel size) zoning districts; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto. TITLE: A BILL PROPOSING TO AMEND NYE COUNTY CODE TITLE 17, THE ZONING ORDINANCE OF THE PAHRUMP REGIONAL PLANNING DISTRICT, BY REMOVING COMMERCIAL KENNEL AS A USE ALLOWED BY CONDITIONAL USE PERMIT IN THE RE-1 (RURAL ESTATES RESIDENTIAL 1- ACRE MINIMUM PARCEL SIZE) AND RE-2 (RURAL ESTATES RESIDENTIAL 2- ACRE MINIMUM PARCEL SIZE) ZONING DISTRICTS; AND PROVIDING FOR THE SEVERABILITY, CONSTITUTIONALITY AND EFFECTIVE DATE HEREOF; AND OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, pursuant to NRS , the Nye County Board of Commissioners (Board) is authorized to amend the Nye County Code; and WHEREAS, pursuant to NRS , for the purpose of promoting the health, safety and the general welfare of the residents of Nye County, the Board is authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures; and WHEREAS, any such regulation, restriction and control must take into account the potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment; and WHEREAS, the Board finds that commercial kennels are not an appropriate use of land within the RE-1 (Rural Estates Residential 1-acre minimum parcel size) and RE-2 (Rural Estates Residential 2-acre minimum parcel size) zoning districts; NOW, THEREFORE, the Board of County Commissioners of the County of Nye, State of Nevada, does hereby adopt, promulgate and order compliance therewith within the Pahrump Regional Planning District, the following amendments and regulations: NYE COUNTY CODE TITLE 17 IS HEREBY AMENDED, with Deletions shown in strikethrough red font, and additions shown in underscored blue font:

4 RH RURAL HOMESTEAD RESIDENTIAL A. Scope. The following regulations shall apply to the RH-9.5 Rural Homestead Residential Zones. No new building or structure shall be erected, or parcel developed in an RH-9.5 Zone unless in conformance with the provisions identified herein. B. Purpose. The RH-9.5 Rural Homestead Residential Zones are intended to provide low density uses with a minimum lot size of nine and one-half (9.5) gross acres, where animals may be kept as well as accessory buildings in a quiet, rural setting without maintaining a large agricultural operation. The RH-9.5 Rural Homestead Residential Zone is appropriate in rural areas where urban services will not be provided for an extended period of time. C. Height, Lot and Setback Requirements. Minimum Lot Size 9.5 gross acres Minimum Lot Width 300' Minimum Lot Depth 300' Maximum Building Height 35' Minimum Building Setbacks Use Front Side Rear Street Side Principal Residential Buildings 50' 25' 100' 50' Principal Buildings for Non-Residential Uses* Accessory Buildings 50' 50' 50' 50' 50' 10' 10' 50' * Principal buildings include institutional uses, quasi-public, churches, etc. D. Permissive Uses. Accessory buildings not to be used for residential purposes provided that the floor area of any single accessory building, or combined floor area of multiple accessory buildings, shall not exceed 100,000 square feet. Buildings for the sale and display of products grown/raised on the premise Churches, Temples, Mosques and related facilities and accessory uses Farms for the raising/growing of tree and bush crops and/or field crops for commercial or household use Family Ranch (Ord. 346, 2007) Home Occupations, home-based businesses and residential industry Provisions for Residential Zones section) (Ord. 353, 2008) ( subject to the General Keeping of livestock or other large animals for commercial or household use, not including commercial slaughtering

5 Multi-Pet Permit, Tier I (Ord. 448, 2013) One Guest Residence not to exceed 1,500 square feet One Single Family Residence per lot Public, quasi-public and institutional uses Recreational Vehicles or Mobile Homes as temporary residences subject to the issuance of a temporary use permit in Article VIII of this Chapter. Solar Photovoltaic Facility 20 Megawatts Maximum (Ord. 394, 2010) E. Uses Subject to a Conditional Use Permit. The following are subject to a conditional use permit as provided for in Article V and VIII of this Chapter: Adult Day Care Facilities Agricultural Commercial uses (Indoor) (Ord. 345, 2007) Animal Rescue (See definitions) (Ord. 346, 2007) Animal Sanctuary (See definitions) (Ord. 346, 2007) Animal, Special Conditions (See definitions) (Ord. 346, 2007) Apiary (Ord. 346, 2007) Bed and Breakfast Inns Cemeteries (Ord. 311, 2006) Childcare Facilities Family burial plots (Ord. 311, 2006) Farrowing Pens Feed lots Gravel Pit (Ord. 379, 2009) Intermediate care facilities Kennel, Commercial (See definitions) (Ord. 346, 2007) Multi-Pet Permit, Tier II (Ord. 448, 2013) Public or private recreation areas, including campgrounds Stable, commercial (See definitions) (Ord. 346, 2007) Temporary living facilities F. Uses Not Listed as Permissive or Conditional. In those instances where a requested use is not listed above, the Zoning Administrator may determine whether the requested use meets the purpose and

6 intent of the district, and is similar to other uses allowed in the district, as permitted uses, special uses or accessory uses. In those instances where the applicant disagrees with the director s determination, the applicant may appeal the decision to the Planning Commission. (Ord. 345, 2007) RH RURAL HOMESTEAD RESIDENTIAL A. Scope. The following regulations shall apply to the RH-4.5 Rural Homestead Residential Zones. No new building or structure shall be erected, or parcel developed in an RH-4.5 Zone unless in conformance with the provisions identified herein. B. Purpose. The RH-4.5 Rural Homestead Residential Zones are intended to provide low density uses with a minimum lot size of four and one-half (4.5) gross acres, where animals may be kept as well as accessory buildings in a quiet, rural setting without maintaining a large agricultural operation. The RH-4.5 Rural Homestead Residential Zone is appropriate in rural areas where urban services will not be provided for an extended period of time. C. Height, Lot and Setback Requirements. Minimum Lot Size 4.5 gross acres Minimum Lot Width 250' Minimum Lot Depth 250' Maximum Building Height 35' Minimum Building Setbacks Use Front Side Rear Street Side Principal Residential Buildings 40' 25' 100' 40' Principal Buildings for Non-Residential Uses* 40' 40' 40' 40' Accessory buildings 40' 10' 10' 40' * Principal buildings include institutional uses, quasi-public, churches, etc. D. Permissive Uses. Accessory buildings not to be used for residential purposes provided that the floor area of any single accessory building, or combined floor area of multiple accessory buildings, shall not exceed 50,000 square feet. Buildings for the sale and display of products grown/raised on the premise Churches, Temples, Mosques and related facilities and accessory uses Farms for the raising/growing of tree and bush crops and/or field crops for commercial or household use Family Ranch (Ord. 346, 2007) Home Occupations, home-based businesses and residential industry ( subject to the General Provisions for Residential Zones section) (Ord. 353, 2008)

7 Keeping of livestock or other large animals for commercial or household use, not including commercial slaughtering. (Ord. 346, 2007) Multi-Pet Permit, Tier I (Ord. 448, 2013) Recreational Vehicles or Mobile homes as temporary residences subject to the issuance of a temporary use permit in Article VIII of this Chapter. One Guest Residence not to exceed 1,500 square feet One Single Family Residence per lot Public, quasi-public and institutional uses E. Uses Subject to a Conditional Use Permit. The following are subject to a conditional use permit as provided for in Article V and VIII of this Chapter: Adult Day Care Facilities Agricultural Commercial Uses (Indoor) (Ord. 345, 2007) Animal Rescue (See definitions) (Ord. 346, 2007) Animal Sanctuary (See definitions) (Ord. 346, 2007) Animal, Special Conditions (See definitions) (Ord. 346, 2007) Apiary (Ord. 346, 2007) Bed and Breakfast Inns Cemeteries (Ord. 311, 2006) Childcare Facilities Farrowing Pens Feed lots Intermediate care facilities Kennel, Commercial (See definitions) (Ord. 346, 2007) Multi-Pet Permit, Tier II (Ord. 448, 2013) Public or private recreation areas Public or private schools Stable, Commercial (See definitions) (Ord. 346, 2007) Temporary living facilities F. Uses Not Listed as Permissive or Conditional. In those instances where a requested use is not listed above, the Zoning Administrator may determine whether the requested use meets the purpose and intent of the district, and is similar to other uses allowed in the district, as permitted

8 uses, special uses or accessory uses. In those instances where the applicant disagrees with the director's determination, the applicant may appeal the decision to the Planning Commission. (Ord. 345, 2007) RE-2 - RURAL ESTATES RESIDENTIAL A. Scope. The following regulations shall apply to the RE-2 Rural Estates Residential Zones. No new building or structure shall be erected, or parcel developed in an RE-2 Zone unless in conformance with the provisions identified herein. B. Purpose. RE-2 Rural Estates Residential Zones are intended to provide and preserve low density single-family residential living areas with minimum lot sizes of two (2) gross acres, where livestock or other large animals may be kept as well as accessory buildings in a semi-rural setting. The RE-2 Rural Estates Residential Zone is transitional in relationship to more urbanized residential areas of higher density. C. Height, Lot and Setback Requirements. Minimum Lot Size 2 gross acres Minimum Lot Width 150' Minimum Lot Depth 150' Maximum Building Height 35' Minimum Building Setbacks Use Front Side Rear Street Side Principal Residential 25' 10' 40' 25' Buildings Principal Buildings for Non-Residential Uses* 25' 25' 40' 25' Accessory Buildings * Principal buildings include institutional uses, quasi-public, churches, etc. D. Permissive Uses. Accessory buildings not to be used for residential purposes, provided that the floor area of any single accessory building, or combined floor area of multiple accessory buildings, shall not exceed 20,000 square feet Churches, Temples, Mosques and related facilities and accessory uses Family Ranch (Ord. 346, 2007) 25' 5' 5' 25' Farms for the raising/growing of tree and bush crops and/or field crops for commercial or household use Recreational Vehicles or Mobile homes as temporary residences subject to the issuance of a temporary use permit Home Occupations, home-based businesses and residential industry (subject to the General

9 Provisions for Residential Zones section) (Ord. 353, 2008) Keeping of livestock or other large animals for commercial or household use. (Ord. 346, 2007) Multi-Pet Permit, Tier I (Ord. 448, 2013) One Guest Residence not to exceed 1,500 square feet One Single Family Residence per lot Public, quasi-public and institutional uses E. Uses Subject to a Conditional Use Permit. The following are subject to a conditional use permit as provided for in Article V and VIII of this Chapter: Adult Day Care Facilities Animal Rescue (See definitions) (Ord. 346, 2007) Animal Sanctuary (See definitions) (Ord. 346, 2007) Animal, Special Conditions (See definitions) (Ord. 346, 2007) Bed and Breakfast Inns Cemeteries (Ord. 311, 2006) Childcare Facilities Intermediate care facilities Kennel, Commercial (See definitions) (Ord. 346, 2007) Multi-Pet Permit, Tier II (Ord. 448, 2013) Public or private recreation areas Public or private schools Stable, Commercial (See definitions) Temporary living facilities RE-1 - RURAL ESTATES RESIDENTIAL C. Scope. The following regulations shall apply to the RE-1 Rural Estates Residential Zones. No new building or structure shall be erected, or parcel developed in an RE-1 Zone unless in conformance with the provisions identified herein. D. Purpose. RE-1 Rural Estates Residential Zones are intended to provide and preserve low density single-family residential living areas with minimum lot sizes of one (1) gross acre, where livestock or other large animals may be kept as well as accessory buildings in a semi-rural setting. The RE-1 Rural Estates Residential Zone is transitional in relationship to more urbanized residential areas of higher density. E. Height, Lot and Setback Requirements.

10 Minimum Lot Size 1 gross acre** Minimum Lot Width 100' Minimum Lot Depth 100' Maximum Building Height 35' Minimum Building Setbacks Use Front Side Rear Street Side Principal Residential 25' 10' 40' 25' Buildings Principal Buildings for Non- Residential Uses* 25' 25' 40' 25' Accessory buildings * Principal buildings include institutional uses, quasi-public, churches, etc. ** Application for a Planned Unit Development Overlay can allow for minimum lot size to be reduced to 8,000 square feet (net) subject to conditions. F. Permissive Uses. Churches, Temples, Mosques and related facilities and accessory uses Family Ranch (Ord. 346, 2007) Farms for the raising/growing of tree and bush crops and/or field crops for commercial or household use Home Occupations, home-based businesses and residential industry (subject to the General Provisions for Residential Zones section) (Ord. 353, 2008) Accessory buildings not to be used for residential purposes, provided that the floor area of any single accessory building, or combined floor area of multiple accessory buildings, shall not exceed 10,000 square feet Keeping of livestock or other large animals for commercial or household use. (Ord. 346, 2007) Multi-Pet Permit, Tier I (Ord. 448, 2013) One Guest Residence not to exceed 1,500 square feet One Single Family Residence per lot Public, quasi-public and institutional uses 25' 5' 5' 25' Recreational Vehicles or Mobile homes as temporary residences subject to the issuance of a temporary use permit G. Uses Subject to a Conditional Use Permit. The following are subject to a conditional use permit as provided for in Article V and VIII of this Chapter:

11 Adult Day Care Facilities Bed and Breakfast Inns Cemeteries (Ord. 311, 2006) Childcare Facilities Intermediate care facilities Kennel, Commercial (See definitions) Multi-Pet Permit, Tier II (Ord. 448, 2013) Public or private recreation areas Public or private schools Stable, Commercial (See definitions) Temporary living facilities SEVERABILITY. If any provision of this ordinance or amendments thereto, or the application to any person, thing or circumstance is held to be invalid, such invalidity shall not affect the validity or provisions or applications of the ordinance or amendments thereto which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance and amendments thereto are declared to be severable. CONSTITUTIONALITY. If any section, clause or phrase of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after passage, approval, and publication as required by law, to wit, from and after the day of, Proposed on the day of, 2014 Proposed by: Commissioner. Adopted on the day of, 2014 Vote: Ayes: Nays: Absent: Commissioners: Commissioners: Commissioners: BY: Andrew Butch Borasky, Chairman Nye County Board of County Commissioners ATTEST: Sandra Sam Merlino Clerk and Ex-Officio Clerk of the Board