Carlin City Zoning Code
CHAPTER 3
REGULATION OF USES
3-3-1: DISTRICT USES:
(A) Uses Regulated: In each district the use of land, buildings and structures shall be regulated as set forth in section 3-3-2 of this chapter (table of use regulations), and as elsewhere provided in this title.
(B) Permitted Uses: A use listed in section 3-3-2 of this chapter is permitted in any district where it is designated by the letter "X".
(C) Special Provisions: The city council acting in accordance with the provisions of section 3-2-6 of this title, may authorize a special permit for a special authorization for any business or use listed in section 3-3-2 of this chapter in any district in which it is designated by the letter "S" subject to any conditions or limitations set by the council 1 .
(D) Subject To Dimensional Requirements: Permitted uses shall be subject also to dimensional requirements, off street parking and loading requirements and such other controls as are set forth in this title.
(E) Split Lots: When a lot is situated in more than one district, for the purpose of this title, the uses permitted in the least restricted district may extend into the more restricted district for a distance of thirty feet (30').
(F) Corner Lots: On a corner lot facing two (2) streets, the required front yard for the district in which the lot is located shall apply to both street frontages.
(G) Accessory Buildings On Corner Lots: Accessory buildings located on corner lots must be placed so as not to encroach upon either front yard. (Ord. 64, 11-17-1971)
3-3-2: TABLE OF USE REGULATIONS:
Permitted Uses | Rural Residence And Farming
| Neigh- borhood Residence
| Inter- mediate Residence
| Commer- cial–1
| Commer- cial–2
| Light Industrial
| |
Permitted Uses | Rural Residence And Farming
| Neigh- borhood Residence
| Inter- mediate Residence
| Commer- cial–1
| Commer- cial–2
| Light Industrial
| |
Single-family residence | X | X | X | X | – | – | |
Two-family residence | X | X | X | X | – | – | |
Multiple-family | – | – | S | S | – | – | |
Church, parish house, rectory, convent, place of worship | S | S | S | S | S | S | |
Religious, sectarian or denominational, education use | S | S | S | S | S | S | |
Public school or public institute | S | S | S | S | S | S | |
Private, nonprofit school, library or institution | S | S | S | S | S | S | |
Manufactured or factory built home pursuant to section 3-3-4 of this chapter | X | X | X | X | – | – | |
Government administration building or police or fire station | X | X | X | X | X | X | |
Public recreation or water supply or public agency use | X | X | X | X | X | X | |
Signs (as herein permitted) | X | X | X | X | X | X | |
Uses accessory to residence uses: | |||||||
a) | The keeping of poultry, livestock or other animals for commercial or house- hold use | X | – | – | – | – | – |
b) | The keeping of dogs, cats, caged birds and household pets for personal enjoyment. Household pets do not include 1 or more cows, sheep, mules, turkeys, geese, ducks or rabbits | X | X | X | X | – | – |
c) | The keeping of boarders and the renting of rooms by a resident family provided that the rooms are part of the main building | X | X | X | X | – | – |
d) | The use of a dwelling by a resident as an office for the conduct of professional services or any other customary home occupation provided there is no outward evidence of such use other than a permitted sign | X | X | X | X | – | – |
e) | Dairy, poultry or livestock farm, except fur farm or piggery | X | S | – | – | – | – |
Nursery school or agency for daycare of children | S | S | S | S | – | – | |
Boarding or lodging house | S | – | S | S | – | – | |
Cemetery | S | – | S | S | – | – | |
Private club, with restaurant and/or bar, lodge, organized camp or other nonprofit social or recreational use | S | – | S | S | S | – | |
Hotel, motel or inn | S | – | – | S | S | S | |
Commercial golf course, except miniature golf | X | – | – | S | S | – | |
Private greenhouse more than 500 square feet or commercial greenhouse | X | – | S | S | – | – | |
Market garden, nursery or farm | X | – | – | S | – | – | |
Salesroom or shop for the sale of orchard, garden or nursery, greenhouse or other farm produce primarily raised on the premises | X | – | – | S | S | – | |
Commercial automobile parking facility | – | – | – | S | S | – | |
Commercial kennel, animal hospital | S | – | – | S | S | – | |
Fur farm or piggery | S | – | – | – | – | – | |
Commercial picnic grounds | S | – | – | S | – | – | |
Restaurant or other building serving food and/or liquor | – | – | – | S | S | S | |
Store for the sale of retail goods | – | – | – | S | S | S | |
Showroom for building supplies (including plumbing, heating and ventilating equipment) | – | – | – | S | S | S | |
Convalescent or nursing home | S | S | S | S | S | – | |
Hospital, sanitorium, philanthropic or charitable institution | S | S | S | S | S | – | |
Barber or beauty shop | – | – | – | X | X | – | |
Hand service laundry and dry cleaning pick up station | – | – | – | X | X | – | |
Photographic studio or other personal service establishment | – | – | – | X | X | – | |
Frozen food locker | – | – | – | X | X | – | |
Cabinet shop, carpenter shop, electrician electronic and appliance repair shop, painter, paperhanger, plumber, sign painter or upholsterer | – | – | – | X | X | X | |
Business or professional office | – | – | – | X | X | X | |
Bank or financial institution | – | – | – | X | X | – | |
Accessory uses customarily incidental to a permitted use | – | – | – | S | S | S | |
Business services not already listed | – | – | – | S | S | S | |
Open air display area | – | – | – | S | S | S | |
Gasoline filling station, public garage | – | – | – | S | S | S | |
Bus station, railroad station | – | – | – | S | S | S | |
Retail sales where more than 50 percent of the space for display of merchandise is not within the structure | – | – | – | S | S | S | |
Rail freight terminal | – | – | – | S | S | X | |
Motor freight terminal or bus storage yard | – | – | – | S | S | X | |
Indoor rental agency for autos, trailers, etc. | – | – | – | S | S | – | |
Auto body or paint shop | – | – | – | S | S | X | |
Sale of new or used cars in open lots outdoor rental agencies for same | – | – | – | S | S | S | |
Mobile home or tourist park | (see section 3-3-3 of this chapter) | ||||||
Wholesale business or storage in a roofed structure, not including storage of flammable liquids, gas, explosives | – | – | – | – | – | X | |
Open lot storage of new building materials, contractors' equipment, machinery or similar materials (note: any material, except equip- ment or machinery stored in unenclosed premises must be surrounded by a sub- stantial 7 foot high tight fence) | – | – | – | – | – | X | |
Open lot storage of coke, coal, sand or other solid fuel or similar material, or storage of same in silo where all dust and dirt incident to storage and handling must be effectively confined to the premises and there shall be a 7 foot wall or tight fence as above | – | – | – | – | – | X | |
Open lot storage or baling of secondhand lumber, or used building materials, metals, scrap, junk, paper, rags, con- tainers or salvage materials, wrecking or dismantling motor vehicles. Wholesale storage of flammable liquids provided all dust, dirt incidental to storage and handling must be effectively confined to the premises and there shall be a 7 foot high wall or tight fence as above | – | – | – | – | – | S | |
Manufacturing, assembly, processing, packaging or other industrial operation, where all resulting cinders, dust fumes, gases, odors, smoke or vapor must be confined to the premises, or so disposed of as to avoid any air pollution. No noise, vibration or flashing may be perceptible normally without instruments either at a point more than 350 feet from the premises, or at any point within the nearest residence district more than 150 feet beyond the nearest boundary | – | – | – | – | – | X | |
Removal of soil, including clay, peat, sand, gravel, loam and similar earth products from the premises subject to the bylaws of the city pertaining thereto | S | – | – | – | – | S | |
In the light manufacturing district, the council may, subject to the provisions of section 3-2-6 of this title, authorize any lawful use hereinbefore specifically permitted in said district (including manufacturing processing that cannot meet the standards set forth in this section) | – | – | – | – | – | S | |
(Ord. 99, 3-14-1979; amd. Ord. 160, 5-25-1988, eff. 6-1-1988)
3-3-3: ESTABLISHMENT OF MOBILE HOME PARKS AND RESIDENTIAL MOBILE HOMES:
(A) Districts: There is added to the existing land use districts in the city, three (3) additional districts entitled "Residential Mobile Home District-1 (RMH-1)", "Residential Mobile Home District-2 (RMH-2)", and "Residential Mobile Home District-3 (RMH-3)". Definitions and all regulations pertaining to these three (3) districts are set forth in chapter 8, entitled "Mobile Home Parks and Residential Mobile Home Districts" of this title. (Ord. 122, 6-9-1982, eff. 6-16-1982)
(B) Official Zoning District Map:
(1) Establishment: The areas and boundaries of zoning districts are hereby established as shown on the official Carlin zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
(2) Identification: The official Carlin zoning map shall be entitled "Carlin Zoning Map", and identified by the signature of the mayor, attested by the city clerk, bear the notations that it was adopted on the date this Carlin zoning ordinance was passed, and bear the seal of the city. Regardless of the existence of purported copies of the official Carlin zoning map which may, from time to time, be made or published, the official Carlin zoning map, which shall be located in the office of the city engineer, shall be the final authority as to the current zoning status of land areas, buildings and other structures in the city.
(3) Changes: If, in accordance with the provisions of this chapter, changes are made in district boundaries or in other matters portrayed on the Carlin zoning map, such changes shall be made on said map promptly after the amendment has been approved by the board of councilmen, together with an entry signed by the city clerk certifying to the accuracy and date. No amendment to this chapter which involves matter portrayed on the Carlin zoning map shall become effective until after such change and entry have been made on said map. No changes of any nature shall be made in the Carlin zoning map or matter shown thereon except in conformity with the provisions of this chapter. Any unauthorized change of whatever kind of any person or persons shall be considered a violation of this chapter and punishable as hereinafter provided.
(4) Replacement: In the event that the Carlin zoning map becomes damaged, destroyed, lost, or difficult to interpret due to the nature or number of changes and additions, the board of councilmen may, by resolution, adopt a new Carlin zoning map which shall supersede the former map. The new Carlin zoning map may correct drafting or other errors or omissions in the former map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new Carlin zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city under the words:
This is to certify that this Carlin Zoning Map adopted the (date) supersedes and replaces the Carlin Zoning Map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the City of Carlin, Nevada.
(5) Interpretation: Where, due to scale, lack of detail or illegibility of the Carlin zoning map, there is an uncertainty, contradiction, or conflict as to the intended location of any district boundary shown thereon, the exact location of such boundary shall be determined by the board of councilmen, who in reaching its determination, shall apply the following standards:
(a) Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, and centerlines of streets, alleys, rights of way, unless otherwise fixed by dimensions shown on the Carlin zoning map.
(b) In subdivided property, or where a zoning district boundary divides a lot, the exact location of such boundary shall be indicated by dimensions shown on the Carlin zoning map.
(c) If, after application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary, the board of councilmen shall determine and fix the location of such boundary in accordance with the purpose and intent of this chapter. (Ord. 113, 6-11-1980, eff. 6-18-1980)
3-3-4: DEVELOPMENT STANDARDS FOR MANUFACTURED AND FACTORY BUILT HOMES IN RESIDENTIAL OR COMMERCIAL - 1 ZONED AREAS:
(A) Mobile homes shall be regulated by chapter 8, "Mobile Home Parks And Residential Mobile Home Districts", of this title, in conjunction with the official zoning district map.
(B) A manufactured or factory built home may be placed in an area zoned rural residential and farming, neighborhood residential, intermediate residential or commercial–1, or any other zoning district which recognizes single-family dwelling as a "principal permitted use"; provided that all of the following standards are complied with:
(1) At least seventy five percent (75%) of the home will be twenty three feet (23') wide with a minimal living area of one thousand two hundred (1,200) square feet.
(2) The home has roofing materials which are customarily acceptable for site built housing. Any roofing material may be used, provided it has the appearance of nonmetallic shingle, shake or tile roof. Roofs shall have a minimum slope of two to twelve (2:12) and minimum overhanging eaves of nine inches (9").
(3) The home has siding materials which are customarily acceptable for site built housing. Any siding material may be used, provided it has the appearance of wood, masonry or horizontal metal siding. Reflection from siding shall be no greater than that from siding coated with white gloss enamel.
(4) The home is permanently affixed to a foundation in accordance with state and county guidelines and regulations which will qualify the home to be placed on the real property tax rolls for the county. The foundation fascia shall be aesthetically compatible with the manufactured or factory built home, which means the fascia shall be an extension of the siding or be of materials which are similar to the surrounding homes, and have been approved by the city.
(5) A building permit shall be obtained from the city to ensure that the manufactured or factory built home is assembled on site to standards regulating the anchoring of the structure to its foundation and other building requirements.
(6) The home shall have a crawl space which corresponds to state and county regulations and guidelines which are included in the information governing the foundation.
(7) The home must be constructed and certified as either meeting the home construction and safety standards of the U.S. department of housing and urban development (HUD) or the building code.
(8) The manufactured or mobile home buyer/owner must also own or be purchasing the land upon which the home will be sited.
(9) The owner or purchaser agrees to immediately declare the manufactured or mobile home as real property under Nevada Revised Statutes 361.244 and to have this conversion from personal property to real property recorded with the county assessor's office. Proof of this conversion must be provided to the Carlin city office by the owner/purchaser.
(10) The lots shall conform to all applicable lot size, setback, parking and other requirements of the residential zoning district.
(11) Accessory structures to manufactured or factory built housing shall be constructed in compliance with the standards specified in the residential zoning district; and
Further provided, that twenty (20) days prior to any such certification by the inspector, application has been made at the office of the city clerk, together with the payment of the required application fee and the posting of a payment bond for the installation of the manufactured or factory built home within a six (6) month period, and
Further provided, that if the manufactured or factory built home is placed in a commercial–1 zoned area that all setback requirements and dimensional controls for intermediate residentially zoned properties set forth in section 3-5-1 of this title are complied with.
(12) The manufactured or factory built home shall be manufactured within the five (5) years immediately preceding the date on which it is affixed to the residential lot.
(13) As provided in Nevada Revised Statutes, the provisions of this section do not abrogate recorded restrictive covenants prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to Nevada Revised Statutes 384.005 and 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district. (Ord. 210, 1-25-2006)
3-3-5: AMENDMENTS:
The board of councilmen may, from time to time as the public necessity, convenience, general welfare, or good zoning practice requires, change the district boundaries, or reclassify the zoning of certain areas, or amend, change, repeal, or supplement the regulations herein established. Such change or amendment may be initiated by the board of councilmen or the planning commission on its own motion, or by application of one or more owners of real property within the area proposed to be changed.
(A) Applications: Applications for change of district boundaries, reclassifications of the zoning of certain areas, or amendment of regulations shall be filed with the city clerk by an owner of real property within the area proposed to be changed. Such application shall be filed on a form provided for the purpose, and shall be complete.
(1) Payment of a filing 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.
(2) No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change or amendment is initiated by the board of councilmen or the planning commission, or when the petitioner is the city, county, state, or federal government.
(B) Commission Public Hearing:
(1) Notice Of Hearing: The planning commission shall set a date for public hearing of the petition by the commission. Such public hearing shall be held only after a public notice of the time, date, and place of such hearing has been published at least once in a newspaper of general circulation in the city at least ten (10) days prior to such hearing date, and the requirements of Nevada Revised Statutes chapter 241 have been complied with.
Such notice shall include a legal description of the property proposed to be rezoned, statement of existing and proposed zoning of the property, and a general description of any regulations proposed to be amended. In addition to publication of such notice, it shall be mailed by certified mail to all property owners within three hundred feet (300') of the exterior boundary of the property requesting such zone change prior to the public hearing.
(2) Hearing: The commission shall hold its public hearing on the application at which it shall review all proposed changes and amendments, and shall hear all evidence offered by the petitioner and parties in interest. Such hearing shall be held within sixty five (65) days from date of application filing.
(3) Commission Action: Within forty (40) days after the public hearing the planning commission shall file a written report with the board of councilmen recommending that the application be granted as requested, granted subject to specific conditions, or denied. The commission's recommendation shall be transmitted to the city clerk and a copy mailed to the applicant. Failure by the planning commission to file a report with the board of councilmen shall be deemed approval by the planning commission.
(C) Board Of Councilmen's Public Hearing:
(1) Upon receipt of the planning commission's recommendation on the application, the city clerk shall set a date for public hearing of the matter by the board of councilmen, and shall give thirty (30) days' notice of hearing, posted and published as required by law to the public and to the property owners.
(2) The board of councilmen shall set at such public hearing on the application, consider the planning commission's recommendation and hear all evidence offered by the applicant and parties in interest.
(3) At the public hearing, or within fifteen (15) days thereafter, the board of councilmen shall approve or deny the petition. If the board of councilmen's decision is to approve the amendment, without conditions, or to approve the amendment subject to conditions agreed to by the petitioner, the zoning amendment shall be adopted and shall become effective as provided by law. (Ord. 116, 3-11-1981, eff. 3-18-1981)
3-3-6: MINIMUM DISTANCE BETWEEN RESIDENTIAL ESTABLISHMENTS:
A minimum distance of at least one thousand three hundred twenty feet (1,320') shall be required between residential establishments. A residential establishment is defined in Nevada Revised Statutes 278.020(7)(d) as: "Residential establishment" means: a) a home for individual residential care in a community whose population is one hundred thousand (100,000) or more, b) a halfway house for recovering alcohol and drug abusers or c) a residential facility for groups.
(A) The definition of "individual residential care" is not applicable as the population of Elko County is less than one hundred thousand (100,000).
(B) "Halfway house for recovering alcohol and drug abusers" is defined in Nevada Revised Statutes as: "Halfway house for recovering alcohol and drug abusers" means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in Nevada Revised Statutes 449.00455.
(C) "Residential facility for groups" is defined in Nevada Revised Statutes 449.017 as: Except as otherwise provided in subsection (B) of this section, "residential facility for groups" means an establishment that furnishes food, shelter assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person. The term does include:
(1) An establishment which provides care only during the day;
(2) A natural person who provides care for no more than two (2) persons in his own home;
(3) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;
(4) A halfway house for alcohol and drug abusers; or
(5) A facility funded by a division or program of the department of human resources. (Ord. 199, 11-14-2001)