(A)   The purpose of this zoning title is declared to be:

      (1)   To promote the public health, safety and welfare.

      (2)   To encourage the most appropriate use of land.

      (3)   To prevent overcrowding on the land.

      (4)   To conserve the value of land and buildings.

      (5)   To lessen congestion of traffic.

      (6)   To prevent undue concentration of population.

      (7)   To provide for adequate light and air.

      (8)   To reduce hazard from fire and other danger.

      (9)   To assist in the economical provision of transportation, water supply, sewage disposal, schools, parks and other public facilities.

      (10)   To preserve and increase the amenities of the city.

   (B)   In its interpretation and application, the provisions of this title shall be the minimum requirements adopted for the advancement of these purposes. (Ord. 64, 11-17-1971)

   (A)   Purpose; Zoning Districts: For the purpose of this title, the city is hereby divided into the following zoning districts:

   MINIMUM LOT SIZE

 

 

      (1)   1,200 square feet additional land per additional dwelling unit over 1 in the intermediate residential district.

   (B)   Rural Residence And Farming; Intent: To comprise lands devoted to agriculture, related activities and other open uses. It is further intended to constitute a "hold" district to retain land in less intensive use until the time is appropriate for more intensive development so as to prevent scattered development and the premature and costly extension of utility mains and services related thereto, and to regulate development of the city so that it occurs in stages according to market needs and progresses contiguously outward from the developed urban area. Regulations are designed to limit uses to those which are compatible with agriculture, to prevent encroachment by more intensive uses, and to preserve the open space characteristics of the district.

   (C)   Neighborhood Residence; Intent: To comprise both single- family and two-family residential dwellings. It is further intended to allow the accommodation of public or quasi-public institutional uses through the "special use permit" process.

   (D)   Intermediate Residence; Intent: To comprise both single- family and two-family residential dwellings. It is further intended for multi-family residential dwellings through the "special use permit" process and the accommodation of public or quasi-public institutional uses through the "special use permit" process.

   (E)   Commercial–1; Intent: To comprise all commercial uses customarily found in a commercial area, including, but not limited to, retail and service activities, office buildings, public and quasi-public land uses. It is further intended for single-family, two-family, and multi-family residential dwellings.

   (F)   Commercial–2; Intent: To comprise all retail and service activities. It is further intended for other limited commercial uses customarily found in a commercial area with these uses being required to proceed through the "special use permit" process.

   (G)   Light Industrial; Intent: To comprise all industrial uses of manufactured products relating to building materials, equipment, machinery, earthen products or salvage. (Ord. 172, 3-11-1992)

Except as hereinafter specified (nonconformance), no building, structure or lot may be used except in conformance with these regulations.

   (A)   Application Of Title: This title shall apply to any change of use of any building or structure or land when the same would amount to reconstruction, extension or structural change.

   (B)   Exceptions: This title shall not affect any existing lawful buildings or structures, nor land to the extent to which it is lawfully used on the effective date hereof. However, nothing in this title shall prevent the strengthening or restoring of a building, or any part thereof, to make it safe for occupancy or use. (Ord. 64, 11-17-1971)

This title shall be enforced by the officer or board having the power of enforcing the building regulations 1 , who shall issue no permit for a building, structure or use which would be in violation of the provisions hereof. (Ord. 64, 11-17-1971)

There is hereby established a board of adjustment, which shall consist of the mayor and council appointed in accordance with Nevada Revised Statutes 228 and 280.

An appeal to the board of adjustment from the order or decision of any administrative officer or board under the provisions hereof shall be taken within ten (10) days after the order or decision appealed from has been rendered. (Ord. 64, 11-17-1971)

Where special authorization or exception by the board of councilmen is permissible hereunder, the person desiring such authorization or exception shall file a written application therefor with said council. Each application shall be accompanied by a fee in an amount established by a schedule adopted by resolution of the board of councilmen and filed in the office of the city clerk. Where, in the opinion of the council such authorization or exception may be granted if accompanied by appropriate conditions and safeguards, it shall impose such conditions and safeguards and make them part of the permit.

No use permit under special use permit authorization by the board of councilmen shall be authorized unless the council determines that the proposed use meets the following requirements:

   (A)   The specific site is an appropriate location for such use;

   (B)   Will not be injurious or dangerous to the public health, or hazardous to the public safety, because of undue traffic congestion, danger of fire or other reasons;

   (C)   Will not produce noise, vibration, dust, smoke, odor, heat or glare observable at the lot lines in amounts objectionable or detrimental to the normal use of adjacent property; and

   (D)   If located in a neighborhood residence, or rural residence or farming district, or in an intermediate residence district, will not be injurious to the character or amenities thereof, because of its design or appearance. (Ord. 152, 1-14-1987, eff. 1-21-1987)

If a nonconforming use is changed to a use permitted in the district in which it is located, it may not be changed again to any use prohibited in the district. If a nonconforming use is changed to a more restricted use, it may not be changed back to the previous use or to another less restricted use.

   (A)   Authorization: The city council may authorize a change, expansion, restoration or resumption of a nonconforming use or building.

   (B)   Variances: The city council may vary the application of dimensional controls of this title in specific cases wherein its enforcement would involve practical difficulty or unnecessary hardship and wherein desirable relief may be granted without substantially derogating from the intent and purpose of this title, but not otherwise upon proceedings brought and determined in accordance with provisions of Nevada Revised Statutes 278.300. (Ord. 64, 11-17-1971)

Whenever the terms of the sections and paragraphs set forth in this title are in conflict with any adopted code or portion thereof, the specific language in the sections and paragraphs of this title shall control. (Ord. 64, 11-17-1971)

This title may be amended, supplemented or changed as to any regulations and restrictions and the boundaries of any districts and zones herein declared, by amendment hereto, after having given any and all notices of public hearing and having held said public hearing, all as required by statute. (Ord. 64, 11-17-1971)

It shall be unlawful for any person to violate any of the provisions of this title or to cause, permit or suffer the same to be done. Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor.

In addition to prosecuting any such penal action as described in this section, the city shall have the right, by any appropriate proceeding in any court of competent jurisdiction, to prevent the commencement or prosecution of any activities in violation of this title, and any owner of property in the city claiming to be damaged by such violation may, in like manner, institute any such proceedings. (Ord. 64, 11-17-1971)