2012 2:00:00 PM

Monday, February 27, 2012 2:00 PM
Sparks Council Chambers

Planning and Zoning Public Hearings and Action Items: 8.2

Title: CA-2-12, CITY OF SPARKS, Second Reading, Public Hearing, Consideration and possible approval of Bill 2640, an ordinance amending Title 20 of the Sparks Municipal Code to change the expiration date related to the cessation of a use established by a Special Use Permit from six (6) months to two (2) years and providing other matters properly relating thereto.

Petitioner/Presenter: Community Services Department & Sparks City Council/Tim Thompson

Recommendation: The Planning Commission and Community Services Department recommends approval of CA-2-12; see suggested motion below.

Financial Impact: N/A

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: An Ordinance amending Title 20 of the Sparks Municipal Code to change the expiration date related to the cessation of a use established by a Special Use Permit from six (6) months to two (2) years, and providing other matters properly relating thereto.

Background: At a recent City Council retreat, the City Council requested staff look at amendments to the development codes to remove barriers to development and job creation. This proposal is to amend Chapter 20.13 of the Sparks Municipal Code. Specifically, this amendment would change the expiration date related to the cessation of a use established by a Special Use Permit from six (6) months to two (2) years. Given the current economic climate, it is difficult for property owners to find other users for which a Special Use Permit was granted within a 6-month timeframe.

Analysis: Staff researched other jurisdictions not just in the State of Nevada but across the country. The research showed that the most common timeframe to establish a use and/or commence development, for which a Special Use Permit is required, was one year from the date of approval, which is consistent with the current requirements within the Sparks Municipal Code. At this time, staff does not recommend this code requirement to be changed. However, the same research showed that the timeframe to re-establish a use, for which a Special Use Permit was granted, was anywhere from 6 months to two years. Currently in the City of Sparks, if a uses ceases for a period of six months or more, the use is deemed null and void. Chapter 20.13.080 states: “Once a permitted use has been established in accordance with the conditions of approval of the special use permit, and the special use permit has been issued by the administrator, the permit will be valid until revoked, unless it contains a specified expiration date. If the use for which the special use permit was issued ceases operation for 6 months or more, the special use permit becomes null and void…” To give property owners more time to find another user who may be able to take advantage of an approved Special Use Permit, staff is recommending an amendment to change the expiration date related to the cessation of a use established by a Special Use Permit from six (6) months to two (2) years. Recently, a private school proposed to occupy a specific tenant space which was previously occupied by a different private school. Because the original private school had ceased its operations for more than 6 months, the Special Use Permit was deemed null and void. The “new” private school was required to apply for another Special Use Permit rather than be allowed to operate under the existing approval and conditions of approval. It should be noted that any substantive change to the operation or proposed use may require an amendment to the approval Special Use Permit. In the case mentioned above, for example, an amendment would be necessary if the “new” school was: proposing to operate significantly different; could not comply with or desired to change any condition(s) of approval; or if any additional impacts are identified.

Alternatives: 1. The City Council can deny the application(s). 2. The City Council can remand the application(s) back to Planning Commission with direction.

Recommended Motion: I move to approve CA-2-12, an Ordinance amending Title 20 of the Sparks Municipal Code, to change the expiration date related to the cessation of a use established by a Special Use Permit from six (6) months to two (2) years, and providing other matters properly relating thereto.

Attached Files:

CA-2-12 - CC 20 13 Ordinance SUP expiration.pdf

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