Minor Deviations and Administrative Adjustments in the City of Reno
In the City of Reno, the Administrator is authorized to approve minor deviations of less than 10 percent from quantifiable development standards, provided the adjustment is not related to density, lot size, building height, signs, or the minimum number of required trees. These administrative adjustments must be consistent with the intent of the City of Reno Land Development Code and cannot be materially detrimental to the public health, safety, or welfare of the surrounding neighborhood.
Minor Deviation Standards and Applicability
The minor deviation process in the City of Reno is intended to provide a mechanism for small adjustments to quantifiable standards when the modifications do not negatively impact nearby properties or the general public [Section 18.08.802].
Scope of Authority
The City of Reno Administrator has the authority to approve or deny minor deviations based on the following thresholds and limitations:
| Standard Type | Administrator Authority | Reference |
|---|---|---|
| Quantifiable Development Standards | Less than 10% deviation allowed | Section 18.08.804(b)(1) |
| Density Standards | No deviation allowed | Section 18.08.804(b)(2) |
| Lot Size Standards | No deviation allowed | Section 18.08.804(b)(2) |
| Building Height Limitations | No deviation allowed | Section 18.08.804(b)(2) |
| Sign Regulations | No deviation allowed | Section 18.08.804(b)(2) |
| Minimum Required Trees | No deviation allowed | Section 18.08.804(b)(2) |
Specific Prohibitions for Special Districts
Within the City of Reno, the Administrator is prohibited from granting minor deviations for properties and land uses located in a Planned Unit Development (PUD) or Specific Plan District (SPD) unless a specific finding is made. The Administrator must find that the deviation will have no significant effect on adjacent land uses located outside of those specific districts [Section 18.08.804(b)(2)].
Administrative Review and Decision Process
A minor deviation must be initiated by the property owner and requires the written consent of any real property owner that would be affected by the requested deviation [Section 18.08.804(c)(1)].
Required Findings for Approval
Prior to approving a minor deviation, the City of Reno Administrator must determine that the application meets the following criteria:
- The granting of the deviation will not be materially detrimental to the public health, safety, or welfare [Section 18.08.804(d)].
- The deviation is not injurious to property or improvements within the immediate vicinity [Section 18.08.804(d)].
- The proposed deviation remains consistent with the intent and purpose of Title 18 of the Reno Municipal Code [Section 18.08.804(d)].
Timeline and Public Hearing
For minor deviations of less than 10 percent, the City of Reno does not require a public hearing per NRS Section 278.319. The Administrator is required to review and issue a decision on the application within 30 days of its submittal [Section 18.08.804(2)].
Minor Modifications to Approved Plans
Separate from the 10 percent minor deviation rule, the City of Reno Administrator has the authority to approve "Minor Modifications" or "Administrative Changes" to previously approved discretionary permits [Section 18.08.307(f)].
Qualifying Minor Modifications
The Administrator may approve the following changes at the request of the applicant or owner:
- Facade Alterations: Minor changes to the exterior appearance of a building.
- Site Plan Changes: Minor adjustments to the layout of the site.
- Conditions of Approval: Minor changes to the specific conditions attached to an original permit.
Constraints on Minor Modifications
To approve such modifications, the City of Reno Administrator must first find that the changes are within the scope of the original approval, consistent with Title 18, and will not adversely impact neighboring properties. If a project is contested, the Administrator may require public notice before approving the changes [Section 18.08.307(f)].
Other Administrative Adjustments
The City of Reno Land Development Code allows for specific administrative adjustments in certain technical areas:
Landscaping Reductions
In residential districts, the Administrator may approve reductions in the required landscape area (which is generally 20% for most residential uses). However, the Administrator is expressly forbidden from reducing the required number of street trees or parking lot trees through this process [Section 18.04.804(c)(1)c].
Scrivener's Errors
The City of Reno Administrator is authorized to correct clerical or "scrivener’s" errors in Title 18 or the Master Plan without a formal readoption process. This includes misspellings, grammatical errors, numbering errors, and cross-referencing errors [Section 18.01.307].
Setback Reductions in Urban Districts
In the City of Reno Urban Districts, the Administrator may authorize front setback reductions for individual lots in cases where there is excess right-of-way. This is permitted only if the modification allows the development to remain consistent with the established neighborhood development pattern [Section 18.04.1003(a)(2)b.2].
Appeals of Administrative Decisions
Any decision made by the Administrator regarding a minor deviation, minor site plan review, or administrative interpretation may be appealed to the City of Reno City Council. The appeal must be filed with the City Clerk within ten working days after the notice of the final decision is filed [Section 18.08.307(j)(1)].
Sections Cited
- Section 18.01.307 Authority to Correct Scrivener’s Errors
- Section 18.04.804 Minimum Landscaping Required
- Section 18.04.1003 General Standards for Urban Districts
- Section 18.08.307 Post-Decision Actions and Limitations
- Section 18.08.502 Administrative Interpretations of Title 18
- Section 18.08.802 Major Deviation
- Section 18.08.804 Minor Deviation
- Section 18.09.401 All Other Terms Defined