Zoning code update headed to supervisors

From left, Chief Deputy District Attorney Garrit Pruyt, Carson City District Attorney Jason Woodbury, and Assistant District Attorney Dan Yu in the Carson City Courthouse on Dec. 5. Yu presented a thorough revision to Title 18 at a joint meeting of the Planning Commission and Board of Supervisors on March 3.

From left, Chief Deputy District Attorney Garrit Pruyt, Carson City District Attorney Jason Woodbury, and Assistant District Attorney Dan Yu in the Carson City Courthouse on Dec. 5. Yu presented a thorough revision to Title 18 at a joint meeting of the Planning Commission and Board of Supervisors on March 3.
Photo by Scott Neuffer.

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A proposed update to Title 18 of Carson City municipal code is expected to be reviewed by the Board of Supervisors in the next two to three months, according to Mayor Lori Bagwell.

Title 18 deals with zoning. On March 3, in a joint meeting, supervisors and planning commissioners reviewed proposed revisions as made by the district attorney’s office in what has been a years-long process.

Assistant District Attorney Dan Yu previously told the Appeal the DA’s office sought to simplify and streamline city code and do away with redundancies and overlap. Current updates show deletions, new sections, amendments and clarifications related to special use permits, variances and Master Plan amendments, among several other items. The update also includes tables of permitted uses within zoning districts. The revisions can be viewed online: https://www.carson.org/home/showpublisheddocument/84072.

On March 3, Yu told the joint boards his job isn’t to propose policy, but to write in a way that captures the legislative intent of local lawmakers. Yu talked about the art of writing code, finding flow and fleshing out details.

“I really do subscribe to that mentality: the devil is in the details,” Yu said.

Supervisors and planning commissioners spent hours combing over the proposed revisions, requesting tweaks here and there and raising questions about some terms.

One measure they discussed was possibly changing the name for “special use permit.” Special use permits are approved or denied by the planning commission for projects conditionally allowed in a given zoning district. Unlike regular project permitting, special use permits require planning commission review. For example, some residential projects may be allowed in the general or retail commercial zones with a special use permit even though residential use isn’t a “primary” use in a commercial zone.

Mayor Lori Bagwell was concerned the term “special” creates confusion. It can lend itself to the impression applicants are getting special treatment. Bagwell told the Appeal the permit process addresses conditional uses that need more review.

“Additional impacts that our existing code may not handle,” she said.

Planning commission review and added conditions can mitigate those impacts, she said.

Another issue discussed was the retail commercial zone in north Carson, an issue that Planning Commission Chair Teri Preston has raised before in past commission meetings.

Preston told the Appeal the retail commercial zone that dominates much of the north Carson area is more restrictive than general commercial zoning. This creates more special use permit applications for conditional uses in the district and some nonconforming uses, she said.

“It’s hampering growth and the infill of a lot of the properties that are vacant,” she said.

The upcoming Carson City Master Plan update — expected before 2025 — could be an opportunity for changing land-use goals and zoning. Preston maintains the retail commercial zone needs review and clarification.

Supervisor Maurice White told the audience March 3 the whole Title 18 revision process is “an outgrowth of listening to the community.”

Additionally, District Attorney Jason Woodbury and Community Development Director Hope Sullivan thanked Yu for his work on revising more than 200 pages of code.

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