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A temporary use permit is for the placement of temporary living quarters, use, or activity listed below that is intended to cease after a certain period of time. It is unlawful to reside in a recreational vehicle outside a manufactured/mobile home park or recreational vehicle park for longer than ninety (90) cumulative days within a three hundred sixty five (365) day period except as provided below.
A. Authority: The commission shall have the discretionary authority to approve, conditionally approve, continue within allowed time frames, or deny a temporary use permit.
B. Types Of Temporary Use Permits And Their Criteria:
1. Temporary living quarters for farm labor is only permitted in conjunction with a bona fide functioning farming or ranching operation. Evidence of an active farming or ranching operation and demonstration of need will be required. Demonstrated need must include:
a. Evidence that the amount, type and/or frequency of the labor needed in the farm or ranch operation is greater than what could be reasonably expected of the property owner to accomplish without his additional help; and
b. Evidence that farm help is an employee of the farm; and/or
c. Other circumstances that demonstrate the need of a temporary use permit for farm labor. The Planning Commission shall determine if these circumstances meet the intent of this temporary use.
The Planning Commission will use all available information to judge if the operation is a bona fide farming or ranching operation and the labor needed on the farm or ranch justifies a dwelling for the individual(s) providing the labor.
2. Temporary living quarters for watchman's quarters is only permitted in conjunction with a commercial or industrial operation and is to be used for security purposes only. These security purposes must be proven, established, justified, or demonstrated.
3. Temporary living quarters on a lot or parcel which has a residence thereon, and the temporary living quarters is to be used to alleviate hardship, as follows:
a. A residence for an aged, invalid, or physically or mentally disabled person who requires care;
b. A residence used by an attendant caring for an aged, invalid, or physically or mentally disabled person.
4. On a lot or parcel when the temporary living quarters are parked on the same parcel of land and utilized as a temporary residence during the construction or placement, renovation, or remodel of an on-site permanent dwelling. The temporary use permit shall be subject to yearly renewals and shall terminate upon expiration of the building permit or within thirty (30) days of the issuance of a certificate of occupancy or if the Planning Commission denies the renewal. Each yearly renewal will require evidence of substantial progress toward the construction or placement of the permanent residence in order to be granted.
5. On a lot or parcel in any land use district when a commercial coach is to be used as a temporary office, in conjunction with the issuance of a building permit for construction of permanent nonresidential facilities or uses. The temporary use permit shall run concurrently with the building permit and upon completion of the construction of the permanent facility the use permit shall terminate.
6. A temporary residence for a person or persons for a purpose that is similar to and not more obnoxious or detrimental to uses listed in subsections B1 through B5 of this section. Evidence must be provided that demonstrates an extraordinary need and demonstrates attempts to find an alternative accommodation.
C. Application Requirements: Before a temporary use permit may be considered for approval:
1. The applicant shall file with the Planning Department plans showing the applicant's intent to meet the temporary use permit application and site plan requirements, including a signature of at least one owner of record of the subject property. Any manufactured/mobile home or commercial coach must be inspected by the Nevada Manufactured Housing Division and a proper safety certificate issued prior to being occupied. Any RV being used for temporary living quarters under a TUP must meet the setback requirements of an accessory structure.
2. The proposed use shall be listed as a temporary use in the land use district.
3. All sections of the temporary use permit application must be complete and accurate or the application may be delayed to allow all the necessary information to be obtained. Applicants are strongly advised to discuss the applications and procedure with Planning Department staff prior to completing the application.
4. Once the application is complete (but prior to signing and making copies) a meeting should be set with the Planning Department staff to review the application to check for accuracy.
5. For temporary use permit types listed in subsections B1 through B5 of this section, evidence demonstrating need, including, but not limited to, letters from a medical practitioner, size and workload of a farming operation, or specifics of a commercial operation will be required.
D. Application Review: The Director shall review each application to ensure that the proposal is consistent with the requirements of this title.
1. The commission shall hold a public hearing no more than sixty five (65) days after the filing of an application and shall give notice of time and place and purpose thereof by mailing a notice, pursuant to this title.
2. The commission shall hear and consider evidence and facts from any person at the public hearing or shall consider written communication from any person relative to the proposed temporary use permit.
F. Findings: Findings from a preponderance of evidence must indicate that the proposed use meets at least one of the criteria listed in subsection B of this section. The applicant for a temporary use permit shall have the burden of proof by a preponderance of the evidence to provide facts supporting the proposed temporary use permit.
1. Following the public hearing, the commission shall determine if there is a preponderance of evidence in the record to support the criteria established for temporary use permits and shall approve, modify, continue within allowed time frames, or deny the temporary use permit request.
2. The applicant may request a continuance of any application for a temporary use permit to a future meeting. A continuance suspends the time lines established in this title.
H. Conditions Of Approval: The commission, in approving any temporary use permit, may require certain conditions under which the lot or parcel may be used, if, in such commission's opinion, the use will otherwise be incompatible with other existing uses within the same general area or will constitute a nuisance or will overburden improvements or facilities.
I. Renewal Requirements: Temporary use permits are valid for no more than one year. Temporary quarters and offices are often needed for multiple years and are allowed to request renewal on a yearly basis using appropriate forms and accompanied by required fees.
1. A temporary use permit issued for farm labor must be renewed annually by providing the Planning Department with an annual renewal fee and evidence that the farming operation is active.
2. A temporary use permit issued for watchman's quarters must be renewed annually by providing the Planning Department with an annual renewal fee and evidence that the commercial or industrial operation is active. The absence of an active business license for commercial or industrial operations that are required to hold a business license will automatically terminate the temporary use permit.
3. Temporary use permits issued for hardship cases must renew their temporary use permit annually by presenting information including, but not limited to, letters from a medical practitioner, showing the original need for said permit still exists. The request will be reviewed by the Planning Department to determine if evidence exists to justify renewal. If evidence is not provided the renewal application may be forwarded to the Planning Commission for decision. Notices regarding this title shall not be required unless the Planning Director, upon review of the renewal request, determines that a rehearing is necessary. The commission may revoke the temporary use permit if any of the conditions represented in the application or attached to the issuance of the permit have been changed. If not renewed in this manner, the temporary use permit terminates.
4. A temporary use permit while constructing a permanent residence: If the building has not been completed within one year, the temporary use permit must be renewed by the Planning Commission. The applicant must appear at the meeting and provide the Planning Department with a renewal letter submitted for commission review, including an estimated time for building completion.
5. A temporary use permit for a commercial coach (temporary office): If the building has not been completed within a year, the temporary use permit must be renewed by the Planning Commission. The applicant must appear at the meeting and provide the Planning Department with a renewal letter submitted for commission review including an estimated time for building completion.
J. Termination Requirements: If a renewal review results in the termination of a temporary use permit the temporary living quarters or commercial coach must be removed from the property within ninety (90) days of receipt of a notice of termination. In cases where a travel trailer or recreational vehicle has been utilized for the purposes of a temporary use permit, said vehicle may remain on the subject property but must be disconnected from any and all utilities and cease to be used for the purposes outlined in the temporary use permit.
1. A use permitted by an approved temporary use permit must be enacted, which includes, without limitation, setup of temporary residence, connections to existing well and sewer, inspection of connections by the Building Department, etc., within six (6) months from the date of approval. Failure to enact the permit shall invalidate the temporary use permit. Without further action, the temporary use permit shall be null and void and such use shall not be made of the property except upon the granting of a new temporary use permit.
2. A temporary use permit that does not receive a yearly renewal will be terminated without further commission action thirty (30) days after the activity granted by such temporary use permit is not renewed or is no longer needed.
3. In the event that circumstances beyond the control of the applicant result in a failure to complete applicable temporary use permit conditions and construct or commence the use prior to the expiration date, the applicant may, in writing, request one single extension of the expiration date for a period of not to exceed six (6) calendar months from the original date of expiration. The written request for an extension shall be received by the Planning Department thirty (30) days prior to the expiration date. The Director may approve a six (6) month extension with the option of commission review.
4. A temporary use permit shall be, upon violation, subject to revocation or termination by the commission.
5. Once the need for which a temporary use permit has been granted no longer exists, or after the termination date for the temporary use permit passes, the permit is considered void and the temporary use granted must be discontinued. In the case of a manufactured/mobile home, the residence must be removed from the property, and in the case of an RV, the residence must be disconnected from all utilities.
L. Penalty For Delinquent Payment: In all cases where the required renewal fee has not been paid when due and payable as provided in this title, a penalty of fifty percent (50%) of the amount of the fee due and payable shall be required. (Bill 2019-A, 2019)