Attention to land use and zoning matters should be considered early in the real estate development process. Projects may require relief in the form of a master plan amendment, rezoning, special or conditional use permit, tentative mapping, or any combination thereof. This article provides a guideline to the basics of land use entitlements in Northern Nevada.

 

Development approvals will generally be obtained from the local jurisdiction where the project is located. In Washoe County, projects may be approved through the County, the City of Reno, or the City of Sparks. These three local jurisdictions also participate in the Truckee Meadows Regional Planning Agency (TMRPA), which has established a regional master plan and has additional authority over matters which have regional significance.

 

Initial steps to consider: identify the project type and potential sites

The initial step in real estate development often begins with identifying the type of project sought for development. Will the project be solely residential, commercial, industrial, or a mix of uses? Identify the specific use or uses that will be provided – e.g., if residential, will the project consist of single family or multi-family dwellings; if commercial, will the use be retail sales, restaurants, offices, a carwash, etc.? Some uses may or may not be permitted by right. Determine the density (number of residential units per acre) or intensity (area in square footage) that you will provide.

 

Next, potential sites should be identified. Each jurisdiction in Northern Nevada (whether an incorporated city or a county) maintains a zoning map and its own set of zoning regulations (sometimes referred to as a development code) which sets forth the applicable standards for each zone.

 

Determine existing zoning and development standards

 

Every property in Northern Nevada is assigned an Assessor’s Parcel Number (APN) for identification and tax assessment purposes. Additionally, every property will have an existing master plan designation and a regulatory zone designation. Pursuant to NRS Chapter 278 (Planning & Zoning), most cities and counties in Northern Nevada have adopted a master plan that sets forth the general policy plans and goals for the region. Each master plan includes a comprehensive land use map detailing the master plan designation for every property within the jurisdiction. The regulatory zoning is required to correspond with the master plan. For example, a master plan designation of residential would typically not allow for industrial zoning districts.

 

For properties located anywhere in Washoe County, including in the Cities of Reno and Sparks, the Washoe GIS Mapping System can provide basic parcel information, and includes zoning information for properties not in Reno and Sparks. https://gis.washoecounty.us/wrms/

Zoning information for properties within the Cities of Reno and Sparks can be located at the following links:

The existing zoning district (or regulatory zone) corresponds to permitted uses and applicable development standards. Uses may be permitted by right, permitted with an entitlement (e.g. special use permit/conditional use permit), or prohibited in certain zones. The development standards will generally include maximum height, maximum or minimum density or intensity, setbacks, lot coverage, parking and loading standards, design requirements, and other requirements.

 

Master Plan amendments and rezoning

 

Once the existing zoning is known, you may want to determine whether the existing zoning is workable or if the property will need to be rezoned to achieve your desired use. If the existing zoning is incompatible with your proposed project, you will likely need to rezone the property, and possibly obtain an amendment to the master plan designation. In addition, even if the proposed use is allowed and the project is to be constructed consistent with the development standards, additional regulations may apply. Legal counsel can assist with determining compliance with all regulations.

 

If a master plan amendment or rezoning will be required, the process will typically require a non-binding recommendation from the planning commission, with a final decision rendered by the City Council or County Commission. In addition, all master plan amendments in Washoe County, Reno, and Sparks require further review and recommendation from the TMRPA regional planning commission (RPC). The RPC reviews the proposal for conformance with the regional master plan. Appeals of RPC decisions are made to the TMRPA Governing Board, which is comprised of elected officials from the Reno and Sparks City Councils and the Washoe County Board of County Commissioners.

 

Projects requiring subdivision

 

Projects which seek to subdivide land, including for condominiums, will need to comply with all state and local regulations for subdivision of land. Depending on the number of lots sought to be provided, an application for a “tentative map” or for a “parcel map” will generally be required. In Nevada, these requests typically need to be accompanied by a site plan and legal descriptions prepared by a Nevada licensed surveyor, a recent title report, application fees, and completed forms. Depending on the request, the jurisdiction may also require plans for utilities, grading, landscaping, lighting, and sewer. Most applications will require a written narrative describing how all required legal requirements may be met, which typically include general consistency with the applicable master plan, and compliance with zoning regulations.

 

In most instances, these types of subdivision applications are decided upon by a planning commission, parcel map review committee, or board of adjustment. Appeals of the decision may be made to the governing body (usually the City Council or County Commission).

 

Condominium projects are also required to comply with additional state regulations and to register with the Nevada Real Estate Division. Legal counsel can assist in compliance with all requirements.

 

Land use entitlements

 

Projects which cannot be constructed by right will require an “entitlement” – legal relief granted by the City or County in order for some aspect of the project to proceed. Common forms of entitlement relief include a conditional use permit or special use permit, site plan review, major or minor deviation, or a variance. Each jurisdiction has differing requirements, but typically these types of applications require submission of several materials, including an analysis of how all legal findings of approval can be met. In most instances, a planning commission or board of adjustment will have final decision authority, with appeals permitted to the governing body (City Council or County Commission). Legal counsel can help prepare all written analyses and work with the team to help ensure all materials are complete and timely submitted.

 

Projects of regional significance (Washoe County)

 

Some entitlements and subdivision requests rise to the level of a “project of regional significance.” Pursuant to NRS 278.026(5), projects of regional significance include, but are not limited to, projects which will increase (1) employment by not less than 938 employees; (2) housing by not less than 625 units; (3) hotel accommodations by not less than 625 rooms; (4) sewage by not less than 87,500 gallons per day; (5) water usage by not less than 625 acre feet per year; or (6) traffic by not less than an average of 6,250 trips daily. Additionally, a project of regional significance may also be one which has impacts to designated historic, archeological, paleontological, cultural, or scenic resources; would result in the creation of significant new geothermal or mining operations; or would have a significant effect on the natural resources, public services, public facilities, schools, or the adopted regional form of the region.

 

Outline of process

 

Prior to submitting the entitlement or subdivision application, you may want to consider scheduling a pre-application with staff members from the relevant jurisdiction. Depending on the type of request, the staff members may include representatives from the planning, engineering, police, fire, business licensing, and other divisions or departments of the local governments.

 

Upon submission, staff will provide comments to the application, which may include requests for additional information or clarification. Once all responses have been received, planning staff will set a hearing date and prepare a “staff report” which will provide a thorough analysis of the project and its compliance with legal requirements and findings of approval. Staff will typically make a recommendation of approval or denial for each project.

 

Before the hearing, legal counsel can work with you to contact members of the deciding body to share the details of the request, answer any questions that individual members may have, and learn of any concerns with the project. Typically, in Northern Nevada, during the hearing, planning staff will make a presentation, the applicant and/or representative will make a presentation, and members of the public will each be granted a 3-minute opportunity to speak. Finally, the body will make its decision.

 

Depending on the type of application, an appeal may first be made to the City Council or County Commission, and further appeals to the state district court are also possible. Legal counsel can assist with all stages of the process, either by carrying the application through the entire process, or assisting as needed.