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Elko City Zoning Code

CHAPTER 2

GENERAL ZONING ORDINANCE

3-2-1: TITLE:

This chapter shall be known and cited as the ELKO ZONING ORDINANCE. (Ord. 256, 4-11-1978)

3-2-2: DEFINITIONS:

The following terms, whenever used in this chapter, shall have the meanings indicated. Words used in the present tense include the future tense; words in the singular include the plural, and vice versa. The word "shall" is always mandatory, and the word "may" is permissive. The word "persons" includes an association, firm, partnership or corporation, as well as an individual. The word "occupied" and the word "used" shall be considered as meaning the same as the words "intended", "arranged" or "designed to be used or occupied". The word "dwelling" includes the word "residence"; the word "lot" includes the words "plot" or "parcel".
ABUTTING:
The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only at a corner or corners, but not including cases where adjoining lots are separated by a street or alley.
ACTION:
The decision made by the reviewing authority on a land use application, to include any conditions of approval.
ADJOINING, ADJACENT:
The condition of being near to or close to, but not necessarily having a common dividing line; e.g., two (2) properties which are separated only by a street or alley shall be considered as adjoining one another.
ADULT BOOKSTORE:
For the purposes of this chapter, means an establishment which merchandises printed material or movies which are intended to appeal to the prurient interests of the reader.
ADULT CARE FACILITY:
An establishment that furnishes food, shelter, assistance and limited supervision only during the day to unrelated person(s) with an intellectual disability or with a physical disability who is aged or infirm.
ADULT MOTION PICTURE THEATER:
A motion picture theater whose program, during the time of its operation, contains one or more motion pictures which are rated "X" by the Code Rating Administration of the Motion Picture Association of America or are not rated, and whose program is intended to appeal to the prurient interests of the viewer.
AGRICULTURE:
The practice of cultivating the soil, producing crops and raising livestock.
ALLEY:
A. A street or highway within a City block set apart for public use, vehicular traffic and local convenience;
B. A street or highway which primarily furnishes access to the rear entrances of abutting property.
APARTMENT:
A room or suite of rooms with facilities for the preparation of meals that is designed for and used or intended to be used by one family and that is intended to be occupied on a rental basis with a rental period of at least one week.
APPLICANT:
A person who submits an application to the Planning Department.
APPLICATION:
A written request for a permit on a form approved by the City.
AWNING:
An architectural projection that provides weather protection, identity or decoration and is partially or wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which a covering is attached.
BUILDING:
Any structure, regardless of whether it is affixed to real property that is used or intended for supporting or sheltering any human use or occupancy.
BUILDING, ACCESSORY:
A detached subordinate building on the same lot with a principal building or use, the use of which is customarily accessory and incidental to the main use of the principal building or use.
BUILDING, ACCESSORY, NON-PERMANENT:
A detached building that is not attached to or set upon a permanent foundation, such as a greenhouse, garden shed, storage shed, or other building designed to store garden tools, bicycles, holiday decorations, or similar items and that is usually purchased at a retail establishment.
BUILDING, ACCESSORY, PERMANENT:
A detached building attached to or set upon a permanent foundation and/or connected to utilities, such as a greenhouse, pole barn, garage, or other building designed to store household items and/or vehicles and that is usually built on-site.
BUILDING HEIGHT:
The vertical distance measured from grade to the highest point of the building.
BUILDING INSPECTOR:
Qualified employee of the City of Elko Building Department delegated to do building inspections and enforce applicable portions of this Code.
BUILDING, PRINCIPAL:
A building, or where the context so indicates, a group of buildings, within which is conducted the principal use of the lot on which the building is situated.
CAMPING:
The use of real property owned or occupied by another person for living accommodation purposes outside of a structure that is affixed to the ground, to include uses such as, without limitation, the following when done in connection with outdoor living: a) overnight sleeping activities or making preparations to sleep overnight outside of a motor vehicle, recreational vehicle or trailer, such as the laying down of bedding on the ground for the purpose of sleeping overnight; b) storing personal belongings outside of a structure in connection with overnight sleeping activities; c) cooking outdoors or making a fire for the purpose of cooking food outdoors as approved by the City; or d) using any tent, shelter or other mobile structure for sleeping overnight. "Camping" does not include using a motor vehicle, recreational vehicle or trailer as long-term shelter, for living accommodation purposes or for the purpose of storage of belongings.
CARPORT:
An accessory building, attached or detached, having two (2) or more open sides, used by occupants of the principal building for automobile shelter or storage.
CERTIFICATE OF OCCUPANCY:
A document issued by the building official certifying that work performed by a permittee is in compliance with this title and is in a condition suitable for the indicated use or occupancy. The term “building official” shall have the meaning ascribed in Section 2- 1-2(C) of the Code.
CHILDCARE CENTER:
A childcare facility providing care for more than twelve (12) children.
CHILDCARE FACILITY:
An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis during the day or overnight, to five (5) or more children under eighteen (18) years of age, if compensation is received for the care of any of those children and provided that such establishment is licensed by the State and operated in accordance with State requirements.
CHILDCARE FAMILY HOME:
A childcare facility providing care for not less than five (5) children and not more than six (6) children.
CHILDCARE GROUP HOME:
A childcare facility providing care for not less than seven (7) children and not more than twelve (12) children.
CITY COUNCIL:
The Mayor and City Council of the City of Elko, Nevada.
CLINIC:
A building, or part thereof, in which ambulatory patients are provided diagnostic, therapeutic or preventative medical, surgical, dental or optical treatment by a group of doctors acting jointly, but not providing for overnight residence of patients.
CODE:
The Elko City Code.
COMMON OPEN SPACE:
A parcel or parcels of land, or an area of water, or a combination of land and water, within the site designated for planned unit residential development which is designed and intended for the use or enjoyment of the residents of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of such residents.
CONDITIONAL USE:
A use permitted in zoning district regulations subject to a finding by the Planning Commission that all special conditions and requirements imposed shall be met.
CONDOMINIUM:
A multi-family dwelling or commercial building within which the occupied area is owned individually and the structure, land, common open space areas and facilities are owned by all of the owners on a proportional, undivided basis.
CONSTRUCTION YARD:
An area on, abutting or adjacent to a major construction or demolition site used on a temporary basis for the parking and storage of equipment used in the project, and the storage and preparation of materials and other items used in the project, including construction offices and shops.
CONVALESCENT HOME:
See definition of nursing or convalescent home.
DESIGN PROFESSIONAL:
Unless specifically provided otherwise, a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of the Nevada Revised Statutes, or a person primarily engaged in the practice of professional engineering, land surveying architecture or landscape architecture.
DEVELOPMENT PLAN:
A location-specific written document containing the information required by this chapter and demonstrating the feasability of a proposed commercial or other development. A development plan is in addition to and not in lieu of a site plan.
DRIVE-IN ESTABLISHMENT:
A business enterprise, activity or use of land consisting of sales or services rendered to patrons who normally receive the products or utilize the services while in motor vehicles upon the premises, including, but not limited to, gas service stations, drive-in restaurants, drive-in laundry and dry cleaning pick up, and drive-in bank.
DRIVE-THROUGH:
The use of a dedicated drive lane that, incidental to a principal use, provides access to a station, such as a window, door or mechanical device, from which occupants of a motor vehicle receive or obtain a product or service.
DROUGHT TOLERANT PLANT:
A plant that can survive with minimum supplemental water.
DWELLING, MULTIPLE-FAMILY:
A building or group of buildings that contains three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY:
A building that consists solely of one (1) dwelling unit and which is constructed under the Building Code in accordance with title 2 of this Code, and which also includes manufactured homes developed to specific standards in accordance with subsection 3-2-3Q of this chapter.
DWELLING, TWO- FAMILY:
A building that contains two (2) attached single-family dwelling units totally separated from each other by an unpierced wall and located on the same lot or parcel.
DWELLING UNIT (DU):
A single unit providing complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
ERECTED:
Built, constructed, altered, reconstructed or moved upon; any physical operations on a premises which are required for construction, excavation, fill, drainage and the like, shall be considered a part of erection.
ESSENTIAL SERVICE:
The erection, construction, alteration or maintenance by a public utility of underground, surface or overhead gas, electrical, steam, water transmission or distribution systems, communication, supply or disposal systems, poles, wires, mains, drains, sewers, pipes, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities for the public health, safety or general welfare, not including buildings, electric substations and transmission towers.
EXCAVATION:
Any breaking of ground, except common gardening and grounds care, and general agriculture.
FAMILY:
An individual living alone; or, one (1) or more persons living together who are related by blood, marriage or other legal bond, and their dependents; or, a group of not more than five (5) unrelated persons living together as a single household in a dwelling unit. A "family" includes its domestic employees.
FOUNDATION:
A structure that supports a building or structure from underneath, typically made of stone or concrete.
FULL FRONTAGE:
All lot lines of any lot, parcel or tract of property adjacent to a road, street, alley or right-of-way, to include lots, parcels or tracts containing multiple borders or edges, such as corner lots.
GARAGE:
A covered or enclosed outbuilding or part of a building designed for housing motor vehicles, boats, or trailers.
GAS SERVICE STATION:
An establishment retailing motor fuels and lubricants directly to the public on the premises, including incidental sale of minor auto accessories and services.
GOVERNING BODY:
The City Council.
GRADE:
The average elevation of the finished ground surface adjacent to the exterior walls of a building or base of a structure.
HALFWAY HOUSE FOR RECOVERING ALCOHOL AND DRUG ABUSERS:
A residence that provides housing and a living environment for recovering 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 "halfway house for recovering alcohol and drug abusers" does not include a facility for transitional living for released offenders.
HOME OCCUPATION:
A business customarily carried on in a business establishment that is permitted to be carried out in a residence as long as the use as a business is incidental to the primary residential purpose and the residential character of the property is not changed. Every person permitted to carry on a home occupation shall obtain an annual business license.
HOSPITAL:
A building, or group of buildings, in which sick or injured persons are given medical or surgical treatment, examination or care, including overnight residence, together with related facilities, e.g., laboratories, training facilities, staff residences, outpatient department and similar facilities which are an integral part of the principal use.
HOTEL, MOTEL, or HOTEL SUITES:
A building, or group of buildings, used primarily for accommodation of transient guests in rooms or suites.
HUMANITARIAN CAMPGROUND:
A designated area that serves a humanitarian purpose by allowing people, with permission from the owner or occupier of the land, to engage in camping and that may or may not have toilets, showers and/or other amenities for campers to use.
HUMANITARIAN PURPOSE:
A use which is not for profit and which is designed to allow people who are homeless or who cannot occupy their homes due to lack of utilities or other causes, to engage in life sustaining activities, such as eating and sleeping.
JUNKYARD:
An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" includes automobile wrecking yards and any area of more than one hundred twenty (120) square feet for storage, keeping or abandonment of junk, but does not include uses confined entirely within enclosed buildings.
LANDOWNER:
The legal or beneficial owner or owners of all the land proposed to be included in the planned unit development. The holder of an option or contract of purchase, and lessee having a remaining term of not less than thirty (30) years, or another person having an enforceable proprietary interest in such land, is a "landowner" for the purposes of this chapter.
LICENSED HOUSE OF PROSTITUTION:
A licensed commercial enterprise maintained for the convenience and resort of persons desiring lawful sexual intercourse.
LOADING SPACE:
An off-street space provided for the temporary parking of a vehicle while loading or unloading merchandise or materials, situated on the same lot with a building and entirely outside the right-of-way of any public street or alley.
LOFT:
A floor level located more than 30 inches (762 mm) above the main floor, open to the main floor on one or more sides with a ceiling height of less than 6 feet 8 inches (2032 mm) and used as a living or sleeping space.
LOT:
A distinct part or parcel of land separated from other pieces or parcels by description, identified as such in a subdivision or on a record survey map, or described as such by metes and bounds, with the intention or for the purposes of sale, lease, or separate use, or for the purpose of building, including the following types of lots:
Corner Lot: A lot abutting two (2) or more intersecting streets.
Double Frontage Lot: A lot abutting two (2) parallel or approximately parallel streets.
Interior Lot: A lot having only one (1) side abutting a street.
Key Lot: An interior lot, one (1) side of which is contiguous to the rear line of a corner lot.
LOT AREA:
The total area of a lot within the lot lines as measured on a horizontal plane.
LOT COVERAGE:
That part or percentage of a lot occupied by principal and/or accessory buildings.
LOT DEPTH:
The shortest distance, measured on a line parallel to the axis of the lot, between points on the front and rear lot lines.
LOT LINE:
A line bounding a lot, including the following types of lot lines:
Front Lot Line: The lot line coinciding with the street line; or, in the case of a corner lot, the shorter of two (2) lot lines coinciding with street lines; or, in the case of a double frontage lot, both lot lines coinciding with street lines.
Rear Lot Line: The lot line opposite and farthest from the front lot line; for a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than ten feet (10') long and wholly within the lot.
Side Lot Line: Any lot line other than a front or rear lot line; in the case of a corner lot, the lot line abutting the side street is designated as the exterior side lot line and all other side lot lines are designated as interior side lot lines.
LOT OF RECORD:
A lot which is part of a subdivision plat or other type of map used for the purpose of dividing or merging parcels of land, recorded in the Elko County Recorder's Office prior to the effective date hereof; or, a lot or parcel described by metes and bounds and having its description recorded in the Elko County Recorder's Office prior to the effective date hereof.
LOT WIDTH:
A. In case of a rectangular lot or a lot abutting on the outside of a street curve, the distance between side lot lines measured parallel to the street or to the street chord and measured on the street chord.
B. In the case of a lot abutting on the inside of a street curve, the distance between the side lot lines measured parallel to the street or the street chord at the rear line of the dwelling, or, where there is no dwelling, thirty feet (30') behind the minimum front setback line.
MAJOR ELECTRICAL TRANSMISSION LINE:
Any electrical line carrying an electrical load of sixty six (66) kV and above.
METALLURGY:
The reduction or extraction of metals from their ores by mechanical, physical or chemical methods, including their refinement and preparation for use as raw materials.
MINING:
The extraction from the earth of gravel, stone, sand, and metallic or nonmetallic ore, and the crushing, washing, grading, storage and loading for transportation thereof.
MIXED USE:
Combination of different uses including residential use within a shared building.
MOBILE HOME:
As defined in the City of Elko mobile home ordinance. 1
MOBILE HOME LOT:
As defined in the City of Elko mobile home ordinance. 2
MOBILE HOME PARK:
As defined in the City of Elko mobile home ordinance. 3
NONCONFORMING USE:
Uses existing at the time of adoption of this chapter, but not in accordance with the provisions and requirements contained herein.
NURSING OR CONVALESCENT HOME:
An establishment providing bed care, or chronic or convalescent care, for one (1) or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves; excluding, however, institutions for the care of alcoholics, drug addicts, and persons with mental or communicable diseases.
OFF STREET:
Land which is not within the right-of-way of any street or alley.
PARK AND RIDE FACILITIES:
Parking lots which are intended to allow commuters to park their vehicles and then transfer to some form of mass transportation, such as buses, trains or carpools.
PARKING LOT:
An area other than for single-family dwellings used for the off street parking of more than two (2) motor vehicles, including parking spaces, access and maneuvering aisles.
PARKING SPACE:
A fully accessible space adequate for the temporary parking of permitted vehicles, situated entirely outside the right-of-way of any public street.
PARTIES IN INTEREST:
A term identifying the owners of property within three hundred feet (300') of specific property.
PERSON:
Except where otherwise indicated, a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization, or a government, governmental agency or political subdivision of a government.
PLANNED COMMERCIAL DEVELOPMENT:
An area of one or more parcels to be developed as a single project which is planned, operated and maintained by one entity and contains a number of commercial uses to include but not limited to mixed- use community shopping centers, office parks, and other similar commercial developments.
PLANNED SHOPPING CENTER:
A business development not divided by a street and characterized by an organized and concentrated grouping of retail and service outlets served by a common circulation and parking system.
PLANNED UNIT DEVELOPMENT:
An area of land controlled by a landowner, which is to be developed as a single entity for a number of dwelling units, the plans for which do not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one (1) residential district created, from time to time, under the provisions of this chapter.
PLANNING COMMISSION:
The City of Elko Planning Commission.
PRIVATE GARAGES:
An enclosed accessory building, attached or detached, used for storage of motor vehicles used by occupants of the principal building and providing no public shop or services in connection therewith.
PROJECT:
A commercial development consisting of buildings, structures and other improvements built and arranged according to a single plan.
PUBLIC UTILITY:
Any person, firm, corporation, municipality or Municipal board duly authorized under State or Municipal regulations, to furnish to the public electricity, gas, steam, communications, water, drainage, flood control, irrigation, garbage or trash disposal, or sewage disposal.
PROHIBITED USE:
A use that is not permitted by any means in a particular zoning district.
RAILROAD USE:
The occupation and use of land, buildings and structures for purposes directly connected with rail transportation of articles, goods and passengers, including such facilities as tracks, sidings, signal devices and structures, shops and yards for maintenance and storage of rail machinery, loading platforms, passenger and freight terminals, but excluding warehouses, stockyards, grain elevators, truck freight terminals and yards, and similar facilities, which are maintained and operated by the owning railroad company or by a lessee for purposes auxiliary to rail transportation.
RECREATION AND SOCIAL CLUBS:
Buildings and grounds used for and operated by membership of fraternal organizations primarily not for profit, including golf clubs, tennis clubs, riding clubs, American Legion halls, Elks Club, and similar facilities.
RECREATIONAL VEHICLE:
A vehicle self-propelled or otherwise, designed to temporarily shelter persons en route on a recreational or vacation trip. "Recreational vehicle" includes truck mounted campers, and self-propelled travel vans.
RECREATIONAL VEHICLE PARK:
A lot, parcel or tract of land, having as its principal use the rental of space of temporary short term, transient occupancy by two (2) or more recreational vehicles, including any accessory buildings, structures and uses customarily incidental thereto.
REPAIR GARAGE:
An establishment where these services may be allowed: normal activities of a gas service station, general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision services such as body, frame or fender straightening and repair; general painting and undercoating of automobiles; high speed washing; auto, boat or trailer rental; and general sales of auto parts or accessories.
RESIDENTIAL ESTABLISHMENT:
A halfway house for recovering alcohol and drug abusers or a residential facility for groups.
RESIDENTIAL FACILITY FOR GROUPS:
An establishment that furnishes food, shelter, assistance and limited supervision to unrelated person(s) with an intellectual disability or with a physical disability who is aged or infirm. The term does not include an establishment which provides care only during the day, a natural person who provides care for no more than two (2) persons in his own home, a natural person who provides care for one (1) or more persons related to him within the third degree of consanguinity or affinity, a halfway house for recovering alcohol and drug abusers, or a facility funded by a division or program of the Nevada Department of Health and Human Services.
RETAIL USE:
A commercial establishment selling goods at retail; however, a home occupation shall not be considered as a retail use.
ROADWAY CLASSIFICATION:
All roadway classifications shall be determined in accordance with the Transportation Component of the City of Elko Master Plan.
ROOMING OR BOARDING HOUSE:
A building other than a hotel or motel where, for compensation and by prearrangement for definite periods of time, with or without meals, lodging is provided for individuals who are not members of a resident family and not occupied by a single-family unit.
SCHOOL:
A public or private building, or group of buildings, used for purposes of primary or secondary education, meeting all requirements of the Compulsory Education Laws of the State of Nevada.
SCREEN WALL:
A masonry wall or opaque fence so constructed as to prevent the view of enclosed activities or uses from without.
SERVANT QUARTERS:
An attached or detached building, or part thereof, housing persons employed on the premises.
SERVICE CLUBS:
Buildings and grounds used for and operated by nonprofit organizations whose membership is open to any resident of the community, including YMCA, YWCA, Boy Scouts, Girl Scouts, Boys Club and any similar organizations having as its primary objective the improvement of the district, neighborhood or community and its social welfare.
SETBACK:
The minimum horizontal distance between a lot line and the nearest point of a building, structure or use, as the context indicates, located on a lot. "Setback" shall not include eaves of the building.
SITE PLAN:
An architectural, engineering, and/or landscape architectural plan drawn to scale showing the physical layout of the site, including the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, the proposed finished grades and, as applicable, flood hazard areas, floodways, design flood elevations, and any other information pertaining to the physical layout of the site required by the building official.
STORY:
That portion of a building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the topmost floor and the roof having a usable floor area at least one-half (½) that of the floor area of the floor immediately below. A basement shall be considered a story when fifty percent (50%) or more of its cubic content is above grade.
STREET:
A dedicated public way which affords the principal means of vehicular access to abutting property.
STREET LINE:
A line demarcating the limits of a street right-of-way.
STREET, PRIVATE:
A nondedicated, privately owned right-of-way or limited public way that affords the principal means of emergency and limited vehicular access and connection from the public street system to properties created through the division or subdivision of land.
STREET, PUBLIC:
A dedicated public right-of-way that is part of the public street system and which affords the principal means of emergency and general vehicular access to abutting property.
STRUCTURE:
Something built or constructed that may be placed upon or affixed to real property for a purpose, such as storage or protection from the elements. The term “structure” includes, without limitation, a building, a non- permanentized mobile home or an unattached shed placed on skids.
SWIMMING POOL:
Any constructed pool, used for swimming, bathing or wading, whether above or below the ground surface and regardless of depth or water surface area.
TEMPORARY USE OR BUILDING:
A use or structure permitted under the terms of this chapter to exist for a limited period of time.
TINY HOUSE:
A dwelling that is 400 square feet (37m2) or less in floor area excluding lofts.
TOWNHOUSE OR ROW HOUSE:
A row or cluster of at least three attached dwellings in which each dwelling is located on separately owned lot, each unit is separated by one or more common vertical walls, each unit has its own front and rear yard access, and no unit is located over another unit. A townhouse complex may include common open space and recreational areas and facilities which are owned by all owners on a proportional, undivided basis.
USABLE FLOOR AREA:
A term used in computing parking requirements, meaning the aggregate area of a building measured to the interior area, similarly measured, or each additional story which is connected to the first story by a fixed stairway, escalator, ramp or elevator, and the floor area of all accessory buildings, measured similarly, but excluding that part of any floor area which is occupied by heating, ventilating, or other permanently installed equipment required for operation of the building, and by unenclosed porches, light shafts, public corridors and public toilets. For uses not enclosed within a building, the area for sales, display or service shall be measured to determine equivalent usable floor area.
USE:
The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied. The principal use is the main use to which the premises are devoted and the main purpose for which the premises exist. An accessory use is a use subordinate to the principal use on a lot and used for purposes clearly incidental to those of the principal use.
VARIANCE:
A modification of the literal enforcement of the technical provisions and requirements of this chapter. The applicant for variance shall present adequate evidence to support the granting of a variance in accordance with section 3-2-22 of this chapter.
WORK:
The construction, erection, installation, production, activity, manufacture, labor or operation that goes into the making of any improvement to or alteration of real property, to include buildings, structures and building service equipment systems.
YARD:
An open space located between any portion of a building and the nearest lot line, or the nearest adjacent building or group of buildings, as the context indicates, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT:
A yard extending across the full width of the lot and having a depth equal to the horizontal distance between the nearest point of the principal building and the front lot line, measured at right angles to the front lot line.
YARD, NONREQUIRED:
Any yard with dimensions exceeding those required herein.
YARD, REAR:
A yard extending across the full width of a lot and having a depth equal to the horizontal distance between the nearest point of the principal building and the rear lot line, measured at right angles to the rear lot line.
YARD, REQUIRED:
A yard having the minimum dimensions required herein.
YARD, SIDE:
A yard extending from the front lot line to the rear lot line between a side lot line and the principal building, and having a width equal to the horizontal distance between the nearest point of the principal building and the side lot line, measured at right angles to the side lot line. (Ord. 818, 4-25-2017; amd. Ord. 860, 5-25-2021; Ord. 880, 8-8-2023)
 

3-2-3: GENERAL PROVISIONS:

   A.   Interpretation: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other power granted by the Nevada Revised Statutes.
   B.   Street, Utility And Other Public Improvement Requirements: The following restrictions shall apply:
      1.   Generally, all lots shall abut and access a public street connecting with the public street system in order to provide for orderly growth, vehicular circulation and to ensure accessibility to utilities and emergency services. A condominium or townhome project shall be considered one (1) lot for purposes of this specific requirement.
      2.   Lots may abut and access a private street connecting with the public street system in the following circumstances:
         a.   Within a PC (Planned Commercial) District in conformance with an approved concept development plan.
         b.   Within an IBP (Industrial Business Park) District in conformance with an approved concept development plan.
         c.   Within a PUD (Planned Unit Development) District in conformance with an approved site development plan.
         d.   Within an RMH (Residential Mobile Home) District in conformance with an approved site development plan.
         e.   For residential, commercial or industrial developments involving four (4) or fewer lots and where the length of the private street, from the nearest public street to the lot being accessed, does not exceed six hundred eighty feet (680').
      3.   Building permits may be issued for lots which abut undedicated portions of a partly dedicated public street.
      4.   A building permit shall not be issued for any lot for which City public sewerage and water supply is not available, unless the City Council grants a waiver of the mandatory connection to public sewer requirement pursuant to subsection 9-5-61B of this Code.
      5.   All utilities shall be placed underground, except for lots of record.
      6.   Public street and utility construction and installation is required across the full frontage of property at time of development.
      7.   Requirements for sidewalk, curb and gutter construction may be applicable as set forth in Elko City Code Section 8-21-3.
   C.   Use Restrictions: The following use restrictions shall apply:
      1.   Principal Uses: Only those uses and groups of uses specifically designated as "principal uses permitted" in zoning district regulations shall be permitted as principal uses; all other uses shall be prohibited as principal uses.
      2.   Conditional Uses: Certain specified uses designated as "conditional uses permitted" may be permitted as principal uses subject to special conditions of location, design, construction, operation and maintenance hereinafter specified in this chapter or imposed by the planning commission or city council.
      3.   Accessory Uses: Uses normally accessory and incidental to permitted principal or conditional uses may be permitted as hereinafter specified.
      4.   Unspecified Uses: The listing of groups of permitted uses is intended to establish the character of uses to be permitted, but not to include each and every use which may be permitted. Unspecified uses may be imposed by the planning commission upon evidence and determination that such uses are closely similar in character to and not typically more objectionable than other uses actually listed as permitted.
      5.   Temporary Uses: Certain temporary uses such as interim administrative and sales offices, sales offices for mobile and manufactured homes, model home sales complex for residential subdivisions, materials storage, mixing, assembly, manufacturing of a portable nature and similar uses determined to be functionally comparable, and, as specified in this subsection C5, temporary emergency shelters, temporary camping and temporary campgrounds may be permitted by temporary use permit.
         a.   "Temporary emergency shelters" are defined as enclosed and unenclosed locations, to include structures and portions of structures, used for temporary occupancy by individuals and families who are homeless or who cannot occupy their homes due to lack of utilities or other causes. Temporary emergency shelters may be permitted, but only within C (general commercial), LI (light industrial) and GI (general industrial) zoning districts.
         b.   "Temporary camping" means to use real property owned or occupied by another person for living accommodation purposes for a limited period of time outside of a structure that is affixed to the ground, to include uses such as, without limitation, the following when done in connection with outdoor living:
            (1)   Overnight sleeping activities or making preparations to sleep overnight outside of a motor vehicle, recreational vehicle or trailer, such as the laying down of bedding on the ground for the purpose of sleeping overnight;
            (2)   Storing personal belongings outside of a structure in connection with overnight sleeping activities;
            (3)   Cooking outdoors or making a fire for the purpose of cooking food outdoors as approved by the city in the temporary use permit; or
            (4)   Using any tent, shelter or other mobile structure for sleeping overnight.
"Camping" does not include using a motor vehicle, recreational vehicle or trailer as long-term shelter, for living accommodation purposes, or for the purpose of storage of belongings.
         c.   "Temporary campground" means a designated area where people may, with permission from the owner or occupier of the land, engage in camping for a limited period of time and that may or may not have toilets, showers and/or other amenities for campers to use.
         d.   Temporary camping and temporary campgrounds may be permitted as temporary uses, but only within LI (light industrial) and GI (general industrial) zoning districts.
         e.   For purposes of this section, "overnight" is defined as the period from one-half (1/2) hour after sunset to sunrise.
         f.   For purposes of this section, "living accommodation purposes" is defined as uses and activities needed for or directly connected with the use of land for engaging in life sustaining activities.
         g.   The temporary use permit process for temporary camping and temporary campgrounds shall be subject to the following public hearing process: the city shall set a time and place for the public hearing before the planning commission on the application and the city shall send, by mail, notice of the time and place and purpose of the planning commission hearing, at least ten (10) days before the hearing, to the owners of property within three hundred feet (300') of the exterior limits of the property involved, as shown by the latest assessment rolls of the city. Notice by mail to the last known address of the real property owners, as shown by the assessor's records, shall be sufficient. Legal notice shall be placed in a newspaper of general circulation within the city at least ten (10) days prior to the date of the public hearing. Applications for temporary use permits must be filed at least twenty one (21) days before the planning commission hearing.
         h.   Temporary use permits may be subject to such special conditions as may be imposed by the planning commission related to time frame, location, nature and character of the use and extent of on-site improvements. Application for a temporary use permit shall be filed with the planning department on a form provided for such purpose and shall include payment of a filing fee in an amount established by resolution of the city council.
      6.   Site Plan Review: Certain uses, structures, activities or uses requiring planning commission review or determination, inclusive of public buildings, public structures or other public developments such as parks, except those submitted as part of an application for a conditional use permit or temporary use permit, may be permitted upon formal review by the planning commission. The scope of the planning commission's review shall be limited to location, character and extent of improvements thereof, and shall be subject to such special conditions, relative to the defined scope of review, as may be imposed by the planning commission. Application for site plan review shall be filed with the planning department on a form provided for such purpose and shall include payment of a filing fee in an amount established by resolution of the city council.
   D.   Site Unsuitability: No land may be used or structure erected where the land is held by the planning commission to be unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low bearing strength, erosion susceptibility, or any other features likely to be harmful to the health, safety and general welfare of the community. The planning commission, in applying the provisions of this section, shall state in writing the particular facts upon which its conclusions are based. The applicant shall have the right to present evidence contesting such determination to the city council if he or she so desires, whereupon the city council may affirm, modify or withdraw the determination of unsuitability.
   E.   Reduction Or Joint Use: No lot, yard, parking or loading area, building area, or other space, nor any part thereof, hereinafter required about or in connection with any building, shall be included as part of a yard area or space required for any other building, nor shall any yard or lot existing on the effective date hereof be reduced in dimension or area below the minimum requirements set forth in this title.
   F.   Building Height Regulations: No building shall exceed the heights allowed in the current city of Elko airport master plan.
   G.   Projections Into Required Yards; Residential Districts:
      1.   Awnings, open fire balconies, fire escape stairs, window type refrigeration units not exceeding one and one-half (11/2) tons or one and one-half (11/2) horsepower rating, suspended or roof evaporative coolers, and forced air furnaces, may project not more than five feet (5') over any required yard; provided, that they shall be no closer than two feet (2') to any lot line.
      2.   Cornices and eaves may project over any required yard, provided, that they shall be no closer than two feet (2') to any lot line.
      3.   Sills, belt courses and similar ornamental features may project not more than six inches (6") over or into any required yard.
      4.   Unroofed terraces, patios, steps or similar features may project into any required yard; provided, that projections into required front yards shall not exceed ten feet (10'). Roofed or covered terraces, patios, steps or similar features may project into the required rear yard no closer than ten feet (10') to the rear lot line, provided two (2) sides of the covered feature remain open.
      5.   Fireplaces may be allowed to encroach into required yards no closer than two feet (2') to any lot line.
      6.   Carports may be allowed to encroach into required side yards; provided, that two (2) sides of the carport remain open, that no portion of the carport structure be closer than three feet (3') to any side lot line, and all drainage from the roof of the structure shall be onto the property itself.
   H.   Exterior Lighting: All lighting for advertising off street parking or loading areas, or for the external illumination of buildings, shall be directed away from and shielded from any adjacent residential district and shall not detract from driver visibility on adjacent streets or highways, interfere with or cause driver confusion regarding traffic control devices, interfere with driver vision or create other traffic hazards.
   I.   Essential Services Permitted: Nothing in this chapter shall prevent the location, erection, construction, alteration or maintenance by a public utility of any "essential services", as herein defined.
   J.   Required Screen Walls: Under certain conditions, the planning commission may recommend that the city council require screen walls to separate incompatible uses; e.g., separation of abutting or industrial uses and residential uses. Such wall shall be constructed by the developer and approved by the city engineer or planning commission.
   K.   Nonrequired Fences, Walls And Hedges:
      1.   No fence, wall, tree, shrub or hedge may be allowed which would obstruct vision at street intersections in any residential district.
      2.   No fence or wall shall contain barbed wire, concertina razor wire, electrical current or charge of electricity, broken glass, or similar hazardous materials or devices; provided, however, that fences enclosing storage areas in industrial or commercial districts may use barbed wire extension arms on chainlink fences six feet (6') or higher, or may use concertina razor wire extension arms on chainlink fences seven feet (7') or higher. In addition, fences enclosing storage areas in industrial or commercial districts may use concertina razor wire extension arms on chainlink fences between six feet (6') and seven feet (7') in height so long as the concertina razor wire extension arm does not protrude more than six inches (6") out from the exterior vertical extension of the chainlink fence.
      3.   No nonbuilding wall or fence in any residential district shall exceed six feet (6') in height without a building permit.
   L.   Trash Enclosures: A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use other than single-family dwellings in every zoning district, except where an approved mechanically loaded steel bin is used for the purpose, or where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be so constructed that contents are not visible from a height of five feet (5') above grade on any abutting street or property.
   M.   Swimming Pools: Swimming pools, whether private, public or commercial, shall comply with the laws, rules and regulations of the city and state.
   N.   Signs: The provisions of the sign code as set forth in chapter 9 of this title shall apply.
   O.   Building And Electrical Codes: In all construction hereafter made within the city, the same shall be in accordance with title 2, chapters 2 and 6 of this code, and all other applicable provisions of this code.
   P.   Mobile Homes: Mobile homes are hereby expressly prohibited for living purposes outside the RMH district, except as stated in other chapters of this title. All requirements of chapter 5 of this title and all other applicable provisions of this code shall be adhered to with respect to standards for the RMH district.
   Q.   Manufactured Homes: Notwithstanding any other provisions in this code, manufactured homes are hereby recognized as a "principal permitted use" in all zoning districts which recognize single-family dwellings as a "principal permitted use", provided all of the following standards are complied with:
      1.   The manufactured home shall be placed on a foundation permanently affixed to the residential lot and qualify and constitute real property, as established by Nevada Revised Statutes chapter 361.
      2.   The manufactured home shall be manufactured within the five (5) years immediately preceding the date on which it is affixed to the residential lot.
      3.   The manufactured home shall utilize exterior siding consisting of or giving the appearance of stucco, masonry, wood, metal or vinyl and affixed to the dwelling unit in a continuous horizontal or vertical pattern similar in color, material and appearance to the exterior siding used on other single-family dwellings in the immediate vicinity.
      4.   The manufactured home shall utilize roofing materials consisting of asphalt shingles or equivalent roofing materials of comparable quality, similar in color, material and appearance to the roofing used on other single-family dwellings in the immediate vicinity. The manufactured home shall utilize a full height roof element with a minimum pitch of three to twelve (3:12). The roof element shall include a minimum overhang or projecting eave of twelve inches (12").
      5.   The manufactured home shall be multisectioned (doublewide or larger) with a minimum width or minimum depth of twenty four feet (24').
      6.   The manufactured home shall consist of at least one thousand two hundred (1,200) square feet of living area. A waiver can be filed and may be granted for a reduction of the living area based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity, in accordance with site plan review procedures pursuant to subsection C6 of this section.
      7.   Any elevated foundations shall be masked architecturally in a manner to blend and harmonize with exterior siding materials utilized on the manufactured home.
      8.   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 section 384.005 or 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.
   R.   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 section 278.02384 as:
   "Residential establishment means (1) a home for individual residential care in a community whose population is 100,000 or more, (2) a halfway house for recovering alcohol and drug abusers or (3) a residential facility for groups".
      1.   The definition of "individual residential care" is not applicable as the population of Elko County is less than one hundred thousand (100,000).    
      2.   "Halfway house for recovering alcohol and drug abusers" is defined in Nevada Revised Statutes section 449.008 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 section 449.00455".
      3.   "Residential facility for groups" is defined in Nevada Revised Statutes section 449.017 as:   
      "Except as otherwise provided in subsection 2, 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:
         a.   An establishment which provides care only during the day;
         b.   A natural person who provides care for no more than two (2) persons in his own home;   
         c.   A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;   
         d.   A halfway house for alcohol and drug abusers; or   
         e.   A facility funded by a division or program of the department of human resources."
   S.   As Built Drawing: Except for the new construction of a single-family dwelling, prior to the issuance of a certificate of occupancy for any new construction, the applicant must submit to the City a complete and accurate as built drawing with survey data on the Elko grid (NAD 83 Nevada east zone ground elevation). The as built drawing must be submitted electronically in AutoCAD format and must be accompanied by a wet stamped and signed paper copy by the professional of record for the project. As used herein, the term "as built drawing" means a drawing that accurately depicts the locations of all improvements on the parcel or lot containing the new construction and any associated utilities or other public improvements constructed on other properties, which drawing shall, without limitation, include the structure(s) and all associated utilities and other public improvements. (Ord. 805, 12-13-2016; amd. Ord. 842, 8-13-2019)

3-2-4: ESTABLISHMENT OF ZONING DISTRICTS:

The entire City is hereby divided into zoning districts, within which zoning districts all property use shall hereafter conform to the requirements specified in this chapter, and which zoning districts are hereby classified as follows:
   A.   Types of Districts:
1.
Residential districts:
 
 
 
 
RS
Residential Suburban District
 
R1
Single-Family Residential District
 
R2
Two-Family Residential District
 
R3
Multiple-Family Residential District
 
R
Single-Family and Multiple-Family Residential District
 
RO
Residential Office District
 
RB
Residential Business District
 
RMH
Mobile Home Park and Mobile Home Subdivision District
 
 
 
2.
Nonresidential districts:
 
 
 
 
PQP
Public, Quasi-Public District
 
CC
Convenience Commercial District
 
CT
Commercial Transitional District
 
PC
Planned Commercial District
 
C
General Commercial District
 
IBP
Industrial Business Park District
 
IC
Industrial Commercial District
 
LI
Light Industrial District
 
GI
General Industrial District
 
RC
Restricted Commercial District
 
 
 
3.
Special districts:
 
 
 
 
AG
General Agriculture District
 
FP
Floodplain Overlay District
 
SA
Special Area Overlay District
 
PUD
Planned Unit Development District
 
   B.   Required Conformity to District Regulations: Except for nonconforming uses to the extent permitted under Section 3-2-19 or as otherwise provided in this subsection, the regulations set forth in this chapter for each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. Unless an appropriate conditional use has been permitted or a variance has been approved. The following restrictions shall apply in all zoning districts:
      1.   No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, moved, or structurally altered, unless in conformity with all regulations specified in this subsection, unless excepted, for the district in which it is located.
      2.   No building or other structure shall hereafter be erected or altered:
         a.   To exceed the heights required by the current City Airport Master Plan;
         b.   To accommodate or house a greater number of families than as permitted in this chapter; or
         c.   To occupy a greater percentage of lot area or
         d.   To have narrower or smaller rear yards, front yards, side yards or other open spaces, than required in this title, or in any other manner contrary to the provisions of this chapter.
      3.   No part of a required yard, or other open space, or off street parking or loading space, provided in connection with any building or use, shall be included as part of a yard, open space, or off street parking or loading space similarly required for any other building.
      4.   No yard or lot existing on the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth in this title.
   C.   Annexation of Territory to City: Proceedings for annexation of territory to the city shall be in accordance with Nevada Revised Statutes sections 268.610 through 268.671, inclusive. A petition for annexation, in writing, shall be presented to the city council. The city council shall consider said petition and may refer the matter to the planning commission for further consideration. The petitioner shall, prior to the consideration of the petition by the planning commission, pay a filing fee to the city in an amount established by resolution of the city council.
   D.   Classification Of Annexed Areas: All territory which is annexed to the city after the effective date hereof shall be zoned upon annexation AG general agriculture, unless the planning commission shall recommend and/or the city council shall otherwise designate the zoning district after holding duly advertised public hearings in accordance with section 3-2-21 of this chapter. As part of considering any petition for annexation of territory to the city, a review of conformance with the city master plan, including land use designation, shall be performed by the planning commission, with recommendations forwarded to the city council. If said annexation necessitates substantial amendment to the master plan, the planning commission may adopt such amendment only after holding duly advertised public hearings in accordance with Nevada Revised Statutes section 278.210.
   E.   Detachment of Territory from City: Proceedings for detachment of territory from the city shall be in accordance with Nevada Revised Statutes section 268.664. A petition for detachment, in writing, shall be presented to the city council. The city council shall consider said petition and may refer the matter to the planning commission for further consideration. The petitioner shall, prior to the consideration of the petition by the planning commission, pay a filing fee to the city in an amount established by resolution of the city council and included in the appendix to this code.
   F.   Classification of Vacated Streets: Whenever a public street or alley is vacated by official action of the city council, the zoning districts adjoining each side of such street or alley shall automatically be extended to the centerline thereof, and all land area thus vacated shall then and henceforth be subject to all regulations of the extended districts.
   G.   Official Zoning District Map:
      1.   Establishment: The areas and boundaries of zoning districts are hereby established as shown on the official city 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 city zoning map shall be entitled "Elko 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 zoning ordinance was passed, and bear the seal of the city. Regardless of the existence of purported copies of the official city zoning map which may, from time to time, be made or published, the official city zoning map, which shall be located in a secure location designed by the city clerk, 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 city zoning map, such changes shall be made on said map promptly after the amendment has been approved and adopted by ordinance. No changes of any nature shall be made in the city zoning map or matter shown thereon, except in conformity with the provisions of this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as hereinafter provided.
      4.   Replacement: In the event that the city zoning map becomes damaged, destroyed, lost, or difficult to interpret due to the nature or number of changes and additions, the city council may, by ordinance, adopt a new city zoning map which shall supersede the former map. The new city 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 city 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 Elko zoning map adopted the (date) supersedes and replaces the Elko zoning map adopted (date of adoption of map being replaced) as part of the zoning ordinance of the city of Elko, Nevada".
      5.   Interpretation: Where, due to scale, lack of detail or illegibility of the city 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 city planner, who, in reaching a 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 and rights of way, unless otherwise fixed by dimensions shown on the city 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 city zoning map.
         c.   If, after application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary, the city council shall determine and fix the location of such boundary in accordance with the purpose and intent of this chapter. (Ord. 547, 12-12-2000; amd. Ord. 861, 5-25-2021)

3-2-5: RESIDENTIAL ZONING DISTRICTS:

   A.   RS Residential Suburban District:
      1.   Intent: The purpose of the RS zoning district is to provide and preserve low density, single-family residential living areas that are semirural or agricultural in character and transitional in relationship to more urbanized residential areas of higher density, to allow for the sheltering of large domestic or farm animals on a lot or parcel in conjunction with an established residential use and to preclude the encroachment of land use activities that may be incompatible with the character of the semirural residential environment.
      2.   Principal Uses Permitted:
         Electrical power substations, sewer lift stations and water pumping stations wherein service to district residents requires location within the district.
         One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land and provided all area and setback requirements are met.
         Publicly owned and operated parks and recreation areas and centers.
         Sheltering of farm animals:
         a.   The keeping of domestic horses, donkeys, llamas and alpacas under the ownership of the resident occupant of the lot or parcel shall be considered as a permitted principal use; provided, that any combination of such animals on any one lot shall be limited to one animal for the first thirty thousand (30,000) square feet of lot area. One additional large animal may be maintained for each additional twenty thousand (20,000) square feet of lot area contained in the same lot.
         b.   The keeping of domestic sheep and goats under the ownership of the resident occupant of the lot or parcel shall be considered as a permitted principal use; provided, that any combination of such animals on any one lot shall be limited to one animal for the first fifteen thousand (15,000) square feet of lot area. One additional small animal may be maintained for each additional ten thousand (10,000) square feet of lot area contained in the same lot.
         c.   The keeping of such farm animals shall conform to all other provisions of law governing same, and no animal, nor any pen, stable, barn or corral shall be kept or maintained within one hundred feet (100') of any principal dwelling (other than that occupied by the owner of such domestic animal), any public building, park, school, hospital, or any other public place; or within eighty feet (80') of the front property line of the lot on which the animals are maintained, or within twenty five feet (25') of the side street of a corner lot. There shall be no killing or dressing of any such animals for commercial purposes.
         d.   Poultry, rabbits or domestic fowl raised for food, education, scientific or furbearing purposes; provided, not more than twelve (12) of any one or combination of such animals and fowl may be maintained on one lot.
         e.   The keeping of such domestic animals or fowl shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen or coop, shall be kept or maintained within fifty feet (50') of any window or door of any residence, dwelling or other building used for human habitation (other than that occupied by the owner of such domestic animals or fowl), or within sixty feet (60') of the front property line of the lot on which the animals are maintained, or within twenty five feet (25') of the side street on a corner lot.
      3.   Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with the provisions of this chapter and those set forth in section 3-2-18 of this chapter regarding conditional use permits. In reviewing conditional use permit applications, the Planning Commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
Churches, church facility complexes and places of religious worship.
Public buildings providing cultural, educational, administrative and fire and police service to residents of the district.
      4.   Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use may be permitted, except as otherwise provided in this chapter.
         Accessory buildings.
         Childcare family home.
         Guesthouse or servants' quarters provided they conform to all yard requirements applicable to the principal building.
         Home occupations in accordance with other provisions of this chapter.
         Private garage or carport.
         Ramada, outdoor swimming pool, or similar home recreational facility so long as the facility is used solely by the occupants of the premises and their guests.
         Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer service connections, and is not used for living purposes.
         Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
      5.   Property Development Standards:
         a.   Development standards comply with Section 3-2-5(G).
         b.   Subdivisions within the RS District which are essentially independent and self-contained and, which are characterized by lots which are no less than one-half (1/2) acre in size, may utilize rural road standards in accordance with specifications contained within section 3-3-11 of this title.
      6.   Property Development Standards for Accessory Buildings: All accessory buildings, both permanent and non-permanent, shall comply with Section 3-2-5(H).
   B.   R1 Single-Family Residential District:
      1.   Intent: The purpose of the R1 zoning district is to provide and preserve low density residential living areas reserved predominantly for the development of single-family dwellings and to preclude the encroachment of land use activities that may be detrimental or injurious to the character or quality of the low density residential environment.
      2.   Principal Uses Permitted:
         Electrical power substations, sewer lift stations and water pumping stations wherein service to district residents requires location within the district.
         One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land, and provided all area and setback requirements are met.
         Publicly owned and operated parks and recreation areas and centers.
      3.   Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with provisions of this chapter and those set forth in section 3-2-18 of this chapter regarding conditional use permits. In reviewing conditional use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
         Churches, church facility complexes and places of religious worship.
         Public buildings providing cultural, educational, administrative and fire and police service to residents of the district.
      4.   Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use may be permitted, except as otherwise provided in this chapter.
         Accessory buildings.
         Childcare family home.
         Guesthouse or servants' quarters provided they conform to all yard requirements applicable to the principal building.
         Home occupations in accordance with other provisions of this chapter.
         Private garage or carport.
         Ramada, outdoor swimming pool, or similar home recreational facility so long as the facility is used solely by the occupants of the premises and their guests.
         Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer service connections, and is not used for living purposes.
         Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
      5.   Property Development Standards: Development standards shall comply with Section 3-2-5(G).
      6.   Property Development Standards for Accessory Buildings: All accessory buildings, both permanent and non-permanent, shall comply with Section 3-2-5(H).
   C.   R2 Two-Family Residential District:
      1.   Intent: The purpose of the R2 zoning district is to provide and preserve medium density residential living areas appropriate primarily for single-family and two-family dwellings, limited multiple residential uses and neighborhood service type uses where appropriate, and to preclude uses that would detract or be detrimental to the character of the medium density residential environment.
      2.   Principal Uses Permitted:
         Electrical power substations, sewer lift stations and water pumping stations wherein service to district residents requires location within the district.
         One single-family dwelling or one two-family dwelling (duplex) of a permanent character in a permanent location with each dwelling unit on its own parcel of land, and provided all area and setback requirements are met.
         Publicly owned and operated parks and recreation areas and centers.
      3.   Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with provisions of this chapter and those set forth in section 3-2-18 of this chapter. In reviewing conditional use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
         Childcare group home.
         Churches, church facility complexes and places of religious worship.
         One three-family dwelling (triplex) or one four- family dwelling (fourplex) of a permanent character in a permanent location with each dwelling unit on its own parcel of land and contingent upon any dwelling unit more than a two-family dwelling providing an additional two thousand two hundred (2,200) square feet of lot area per unit, and provided setback requirements are met.
         Public buildings providing cultural, educational, administrative and fire and police service to residents of the district.
         Recreational, social and service clubs.
      4.   Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use may be permitted, except as otherwise provided in this chapter.
         Accessory buildings. Lots with single-family dwelling units may have both permanent and non-permanent accessory buildings. Lots with multiple-family dwelling units may only have permanent accessory buildings.
         Childcare family home.
         Guesthouse or servants' quarters provided they conform to all yard requirements applicable to the principal building.
         Home occupations in accordance with other provisions of this chapter.
         Private garage or carport.
         Ramada, outdoor swimming pool, or similar home recreational facility so long as the facility is used solely by the occupants of the premises and their guests.
         Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer service connections, and is not used for living purposes.
         Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
      5.   Property Development Standards: Development standards shall comply with Section 3-2-5(G).
      6.   Property Development Standards for Accessory Buildings: All accessory buildings, both permanent, shall comply with Section 3-2-5(H).
   D.   R3 Multiple-Family Residential District:
      1.   Intent: The purpose of the R3 zoning district is to provide and preserve residential areas appropriate primarily for multiple-family residential uses of higher density usually along or in close proximity to arterial roadway corridors, and to preclude uses that would detract or be detrimental to the character or function of the high density residential environment.
      2.   Principal Uses Permitted:
Electrical power substations, sewer lift stations and water pumping stations wherein service to district residents requires location within the district.
Publicly owned and operated parks and recreation areas and centers.
      3.   Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with provisions of this chapter and those set forth in section 3-2-18 of this chapter. In reviewing conditional use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
         Childcare center.
         Churches, church facility complexes and places of religious worship.
         Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse or row house developments.
         Public buildings providing cultural, educational, administrative, and fire and police service to residents of the district.
         Recreation, social and service clubs.
      4.   Accessory Uses Permitted: Accessory buildings, structures, and uses customarily incidental to a permitted use shall be permitted, except as otherwise provided in this chapter.
      5.   Property Development Standards: Development standards shall comply with Sections 3-2-5(E)(6) and 3-2-5(G).
      6.   Property Development Standards for Accessory Buildings: Development standards for accessory buildings within the R3 district shall comply with Section 3-2-5(H).
      7.   General Regulations:
         a.   The outdoor storage of goods or materials shall be prohibited.
         b.   The minimum site area necessary to establish an R3 zoning district shall be one acre.
   E.   R Single-Family and Multiple-Family Residential District:
      1.   Intent: The purpose of the R zoning district is to provide for a mixture and diversity of housing types for both single-family and multi-family residential development where such development is desirable, and limited institutional, office and neighborhood service type uses where appropriate, and to preclude land uses that would be detrimental to a mixed and varied residential environment.
      2.   Principal Uses Permitted:
         Adult care facility which serves ten (10) or fewer.
         Electric power substations, sewer lift stations, and water pump stations wherein service to district residents requires location within the district.
         Multiple-family residential units, including a duplex, triplex, or a fourplex located on a single lot or parcel, provided area and setback requirements are met.
         One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land and provided all area and setback requirements are met.
         Publicly owned and operated parks and recreation areas and centers.
         Residential facility for groups of ten (10) or fewer.
      3.   Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with provisions of this chapter and those set forth in section 3-2-18 of this chapter regarding conditional use permits. In reviewing conditional use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
         Adult care facility which serves eleven (11) or more.
         Childcare center; childcare group home.
         Churches, church facility complexes and places of religious worship.
         Halfway house for recovering alcohol and drug abusers.
         Healing arts, healthcare facilities, but not including animal hospital.
         Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse or row house developments.
         Public buildings providing cultural, educational, administrative, and fire and police service to residents of the district.
         Recreation, social and service clubs.
         Residential facility for groups of eleven (11) or more.
         Teaching of creative arts.
      4.   Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use, except as otherwise provided in this chapter.
         Accessory buildings. Lots with single-family dwelling units may have both permanent and non-permanent accessory buildings. Lots with multiple-family dwelling units may only have permanent accessory buildings.
         Childcare family home.
         Guesthouse or servants' quarters provided they conform to all yard requirements applicable to the principal building.
         Home occupations in accordance with other provisions of this chapter.
         Private garage or carport.
         Ramada, outdoor swimming pool, or similar home recreational facility so long as the facility is used solely by the occupants of the premises and their guests.
         Rooms in the principal building for roomers, not exceeding two (2) such persons per dwelling unit; provided, that adequate additional off street parking space shall be provided.
         Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer, and is not used for living purposes.
         Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
      5.   Property Development Standards: Development standards shall comply with Section 3-2-5(G).
      6.   Additional Property Development Standards for Multiple-Family Residential Developments:
         a.   Minimum Distance between Buildings on the Same Lot: The minimum distance between the opposing exterior walls of detached buildings, or parts of attached or semiattached buildings, on the same lot, shall be:
            (1)   If both walls are front walls, or contain main entrances or living room windows: Thirty feet (30');
            (2)   If one wall is a front wall, or contains a main entrance or living room windows, and one wall is a side or rear wall containing no doors or windows: Twenty four feet (24');
            (3)   If both walls are side or rear walls containing windows or secondary entrances: Twenty four feet (24');
            (4)   If one wall is a side or rear wall containing windows or secondary entrances and one wall contains no doors or windows: Eighteen feet (18');
            (5)   If neither wall contains windows or doors: Ten feet (10').
         b.   Additional Placement Regulations For Multi-Family Dwellings: If the front of a building, or part thereof, faces on an interior side or rear lot line, the building, or that part thereof, shall be set back from such lot line not less than twenty feet (20').
         c.   Separation Of Semidetached Dwellings Or Row Houses: When, for purposes of sale or separate ownership, a two-family or multi-family dwelling and the land in and upon which such dwellings are situated, is to be subdivided into separate lots having one dwelling unit per lot, such lots shall be exempt from all interior side yard requirements.
      7.   Property Development Standards for Accessory Buildings: All accessory buildings, both permanent and non-permanent, shall comply with Section 3-2-5(H).
      8.   Exceptions:
         a.   Lots Of Record: On each existing lot of record, the side yards shall have a width of not less than five and one-half feet (5 1/2'), and a front yard of not less than twelve feet (12') for single-family dwelling units.
         b.   Detached Guesthouse or Servants' Quarters: Detached guesthouses and servants' quarters are permitted in any district; provided, however, that they shall conform to all yard requirements applicable to the principal building.
   F.   RO Residential Office District:
      1.   Intent: The purpose of the RO zoning district is to establish a residential zone that is transitional in character and location to more intense commercial districts, and to promote a mixed pattern of compatible development consisting primarily of residential uses and a blend of professional office, limited service and retail activities that are recognized as low traffic generators. The RO district is intended to protect the integrity of established residential neighborhoods from noise and excessive levels of traffic while at the same time afford the opportunity for compatible office, service and retail development in a mixed use setting.
      2.   Principal Uses Permitted:
         Electric power substations, sewer lift stations, and water pump stations wherein service to district residents requires location within the district.
         Multiple-family residential units, including a duplex, triplex, or a fourplex located on a single lot or parcel, provided area and setback requirements are met.
         One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land and provided all area and setback requirements are met.
         Publicly owned and operated parks and recreation areas and centers.
      3.   Conditional Uses Permitted:
         Art studios.
         Barber and beauty shops.
         Florists.
         Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse, condominium or attached housing developments.
         Offices, medical and professional.
         Photographic studios.
         Restaurants, limited in scale and hours of operation, such as ice cream parlors, sandwich and beverage shops, delicatessens.
         Retail and service establishments, limited in scale and hours of operation, such as boutiques, gift shops and similar uses.
         Schools for music, dance, teaching and creative arts.
         Similar uses determined to be functionally comparable to conditional permitted uses in this zone.
      4.   Accessory Uses Permitted: Accessory buildings, structures, and uses customarily incidental to a permitted use, except as otherwise provided in this chapter.
         Accessory buildings. Lots with single-family dwelling units may have both permanent and non-permanent accessory buildings. Lots with multiple-family dwelling units may only have permanent accessory buildings.
         Childcare family home.
         Guesthouse or servants' quarters provided they conform to all yard requirements applicable to the principal building.
         Home occupations in accordance with other provisions in this chapter.
         Private garage or carport.
         Ramada, outdoor swimming pool, or similar home recreational facility so long as the facility is used solely by the occupants of the premises and their guests.
         Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer service connections, and is not used for living purposes.
         Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
      5.   Property Development Standards: Development standards shall comply with Section 3-2-5G).
      6.   Property Development Standards for Accessory Buildings: Development standards for accessory buildings shall comply with Section 3-2-5(H).
      7.   General Regulations:
         a.   The outdoor storage of goods or materials shall be prohibited.
         b.   Warehousing or the indoor storage of goods or materials beyond that normally incidental to permitted uses shall be prohibited.
         c.   One wall mounted, nonilluminated sign, for each lot of record not to exceed twelve (12) square feet in area or one freestanding, nonilluminated sign for each lot of record not to exceed six feet (6') in height and twelve (12) square feet in area may be permitted for any approved conditional use. The planning commission may modify such regulations as part of the conditional use permit procedure.
   G.   Residential Zoning Districts Area, Setback, and Height Schedule for Principal Buildings:
      1.   Table of Area Requirements:
Minimum Requirement
Building Setbacks
Maximum Height Requirements
Zoning Districts
Corner Lot Area
Lot Area
Lot Width
Lot Depth
Front Yard
Rear Yard
Interior Side Yard
Exterior Side Yard
Building Height
Minimum Requirement
Building Setbacks
Maximum Height Requirements
Zoning Districts
Corner Lot Area
Lot Area
Lot Width
Lot Depth
Front Yard
Rear Yard
Interior Side Yard
Exterior Side Yard
Building Height
RS
 
15,000 sq. ft.
80 ft.
180 ft.
25 ft.
20 ft.
10 ft.
20 ft.
35 ft.1
R1
6,500 sq. ft.
6,000 sq. ft.
60 ft.
100 ft.
15 ft. 6
20 ft.
5½ ft.
15 ft.5
35 ft.1
R2
6,500 sq. ft.
6,000 sq. ft.
60 ft.
100 ft.
15 ft. 6
20 ft.
7 ft.
15 ft.5
35 ft.1
R3
 
12,000 sq. ft.4
80 ft.
100 ft.
20 ft.
20 ft.
10 ft.
15 ft.5
45 ft.1
R
6,500 sq. ft.
6,000 sq. ft.4
60 ft.
100 ft.
15 ft. 6
20 ft.
10 ft. 2,3
15 ft.5
45 ft.1
RO
 
6,000 sq. ft.4
60 ft.
100 ft.
15 ft. 6
20 ft.
10 ft. 2,3
15 ft. 5
45 ft.1
 
Notes:
   1.   Height limitations contained within the current City of Elko Airport Master Plan shall supersede the height restrictions indicated in the above table where more restrictive.
   2.   For single-family dwellings, interior side yard setbacks shall be 51/2 feet.
   3.   For multi-family dwellings, interior side yard setbacks shall be 7 feet.
   4.   For three- and four-family dwellings on the same lot, a minimum of 2,200 square feet of lot area is required for each dwelling unit.
   5.   For residences in existence at the time of enactment hereof (November 25, 2003), exterior side yard setbacks shall be 12 feet.
   6.   Garages, whether attached or detached, and carports shall be set back 20 feet from the front lot line; provided, that for any garage in existence prior to March 26, 2013, the front yard setback shall be 15 feet.
   2.   Residential Lots of Record:
      a.   A single lot or parcel of land of record in the office of the county recorder as of the effective date of the city subdivision ordinance (December 9, 1975), and which does not meet minimum requirements for lot area, lot width or lot depth shall be considered a buildable lot for one single-family dwelling, provided all other requirements of this chapter are satisfied.
      b.   For existing platted subdivisions characterized by twenty five foot (25') wide lots and situated within a residential zoning district, any lot or parcel reconfiguration or resubdivision shall adhere to a minimum lot area of five thousand (5,000) square feet.
   H.   Residential Zoning Districts Area, Setback, and Height Schedule for Accessory Buildings:
      1.   Requirements for Non-Permanent Accessory Buildings:
Minimum Requirements
Building Setbacks3
Maximum Height Requirements
Zoning Districts
Maximum Cumulative Square Feet of All Acc. Buildings2
Minimum Separation from Other Buildings
Front Yard
Rear Yard
Interior Side Yard
Exterior Side Yard
Building Height
Minimum Requirements
Building Setbacks3
Maximum Height Requirements
Zoning Districts
Maximum Cumulative Square Feet of All Acc. Buildings2
Minimum Separation from Other Buildings
Front Yard
Rear Yard
Interior Side Yard
Exterior Side Yard
Building Height
RS
 
5 ft.
25 ft.
5 ft.4
5 ft.
5 ft.
15 ft.1
R1
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
15 ft.1
R2
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
15 ft.1
R
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
15 ft.1
RO
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
15 ft.1
RB
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
15 ft.1
 
Notes:
1.   Height limitations contained within the current City of Elko Airport Master Plan shall supersede the height restrictions indicated in the above table where more restrictive.
2.   Includes both permanent and non-permanent accessory buildings.
3.   No buildings or structures shall be located within any easement.
4.   Setback can be reduced to 0 feet if the rear lot line abuts a public alley.
5.   Garages and/or carports shall be setback 20 feet from the front or exterior side property line.
      2.   Requirements for Permanent Accessory Buildings:
Minimum Requirements    
Building Setbacks3
Maximum Height Requirements
Zoning Districts
Maximum Cumulative Square Feet of All Acc. Buildings2
Minimum Separation from Other Buildings
Front Yard
Rear Yard
Interi or Side Yard
Exterior Side Yard
Building Height
Minimum Requirements    
Building Setbacks3
Maximum Height Requirements
Zoning Districts
Maximum Cumulative Square Feet of All Acc. Buildings2
Minimum Separation from Other Buildings
Front Yard
Rear Yard
Interi or Side Yard
Exterior Side Yard
Building Height
RS
 
5 ft.
25 ft.
5 ft.4
5 ft.
5 ft.
35 ft.1
R1
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
35 ft.1
R2
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
35 ft.1
R3
10% of lot size or 1,200 sq. ft.
5 ft.
20 ft.
5 ft.4
5 ft.
5 ft.
45 ft.1
R
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
45 ft.1
RO
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
45 ft.1
RB
10% of lot size or 1,200 sq. ft.
5 ft.
15 ft.5
5 ft.4
5 ft.
5 ft.
25 ft.1
 
Notes:
1.   Height limitations contained within the current City of Elko Airport Master Plan shall supersede the height restrictions indicated in the above table where more restrictive.
2.   Includes both permanent and non-permanent accessory buildings.
3.   No buildings or structures shall be located within any easement.
4.   Setback can be reduced to 0 feet if the rear lot line abuts a public alley.
5.   Garages and/or carports shall be setback 20 feet from the front or exterior side property line.
(Ord. 805, 12-13-2016; amd. Ord. 860, 5-25-2021)

3-2-6: RB RESIDENTIAL BUSINESS DISTRICT:

   A.   Intent: This zoning district is intended to allow conversion of residential structures located along arterial and collector roads in areas of transition to an appropriate mix of residential, light retail and service commercial uses that provides good transitions with nearby residential uses and neighborhoods. This zone allows existing residential uses to remain and be improved, while also allowing low scale, low intensity commercial and business operations to be developed as part of infill projects. The district is intended to protect established residential neighborhoods from the type of land use associated with high levels of noise, illumination and traffic that could be detrimental to the characteristics of the residential neighborhood.
   B.   District Boundary: The initial district boundary includes properties within the 5th Street corridor that are located between Pine Street and Walnut Street along the northeast side of 5th Street, and between Pine Street and Willow Street along the southwest side of 5th Street, with at least one property line abutting the right-of-way of 5th Street, and the following lots that are not abutting the 5th Street right-of- way: Lots 21 & 22 of Block 98 and Lots 15 & 16 of Block 66, as shown on the Map of the First Addition to the Town of Elko, recorded as File No. 5, Elko County records.
      1.   The district boundaries may be amended in accordance with section 3-2-21 of this chapter.
      2.   The maximum distance allowed from the east or west side of 5th Street right-of-way to the district boundary is one hundred twenty five feet (125').
   C.   Principal Uses Permitted:
      1.   The following residential uses are permitted:
         Multiple-family residential units, including a duplex, triplex, or a fourplex located on a single lot or parcel, provided all area and setback requirements are met.
         One single-family dwelling of a permanent character in a permanent location on its own parcel of land, provided all area and setback requirements are met.
      2.   The following commercial uses are permitted:
         Art galleries and studios.
         Bakeries.
         Banks, financial institutions, not including short term lending businesses such as title loans or payday lending.
         Barber and beauty shops.
         Bicycle repair.
         Bookstores.
         Childcare centers.
         Coffee shops.
         Corner stores.
         Florists.
         Healing art, healthcare facilities, including medical and dental offices.
         Laboratories: medical, dental, optical.
         Laundry or dry cleaning pick up outlets.
         Lodges, fraternal organizations, recreation, social and service clubs.
         Offices, to include the following uses and activities: government, business and professional, including accountants, architects, collection agencies, chiropractors, employment agencies, engineers, health services, insurance agencies, law offices, real estate, stenographic services, title insurance firms.
         Pharmacies when operated in conjunction with, and within the same building as, a medical clinic.
         Photographic studios.
         Schools for music, dance, teaching and creative arts.
         Trade schools.
         Travel agencies.
         Uses determined to be functionally comparable to principal permitted uses in this zone.
   D.   Conditional Uses Permitted:
      1.   The following uses are permitted with a conditional use permit:
         Churches, church facility complexes and places of religious worship.
         Convalescent hospitals, sanitariums, nursing homes, homes for the aged.
         Funeral homes and mortuaries.
         Mixed uses within structures containing one or more residential dwelling units in which a significant portion of the space within the structure includes one or more principal commercial permitted uses.
         Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse, condominium or attached housing developments.
         Restaurants, sandwich and beverage shops, delicatessens.
         Theaters, indoor.
         Uses determined to be functionally comparable to conditional permitted uses in this zone.
   E.   Accessory Uses Permitted:
      1.   Accessory buildings, structures and uses customarily incidental to a permitted use, except as otherwise provided for in this chapter, are permitted for the following uses:
         Accessory buildings. Lots with single-family dwelling units may have both permanent and non-permanent accessory buildings. Lots with multiple-family dwelling units may only have permanent accessory buildings.
         Childcare family home.
         Guesthouse or servants' quarters provided they conform to all yard requirements applicable to the principal building.
         Home occupations in accordance with other provisions of this chapter.
         Private garage or carport.
         Ramada, outdoor swimming pool, or similar home recreational facility so long as the facility is used solely by the occupants of the premises and their guests.
         Rooms in the principal building for roomers, not exceeding two (2) such persons per dwelling unit; provided, adequate additional off street parking space(s) shall be provided.
         Storage parking for a boat and/or boat trailer, a utility trailer, a horse trailer and similar equipment owned by the occupant; provided, such equipment shall be located in a garage, carport, or rear or interior side yard.
         Storage parking for recreational vehicles owned by the occupant, so long as it is located in a garage, carport, rear or interior side yard, is not connected to water or sewer lines, and is not used for living purposes.
   F.   Property Development Standards:
      1.   Lot Area:
         a.   Commercial Uses: The lot area shall be of sufficient size to provide for the building, off-street parking and landscaping.
         b.   Residential Uses: Residential uses less than five (5) units and not attached to a commercial use shall provide the minimum lot area required in the R District.
      2.   Lot Width:
         a.   Commercial Uses: No requirement.
         b.   Residential Uses: Residential buildings less than five (5) residential units and which do not contain a commercial use shall provide the minimum lot width required in the R District.
      3.   Front, Rear, Interior Side and Exterior Side Yard For New Development Or Expansion:
         a.   Commercial Uses: Zero feet (0').
         b.   Residential Uses:
            (1)   New development of residential buildings containing less than five (5) residential units and which do not contain a commercial use shall conform to the yard standards required in the R District.
            (2)   Expansion upon existing principal permitted use shall have the following setbacks:
               (A)   Front: Five feet (5').
               (B)   Rear: Five feet (5').
               (C)   Interior side: Three feet (3').
               (D)   Exterior side: Five feet (5').
      4.   Building Height: Building height shall not exceed forty five feet (45'), or requirements contained within the City Airport Master Plan, whichever is the most restrictive.
      5.   Landscaping:
         a.   Commercial uses shall provide landscaping as described in subsection 3-2-10B2a of this chapter.
         b.   Landscaping within an adjacent right-of-way may be used to satisfy landscaping requirements, so long as it is maintained by the property owner.
         c.   With approval from the Planning Department, a lighted art element incorporated into the business signage may be allowed in lieu of required landscaping, but only if the developed property has physical conditions that prevent the property owner from installing the landscaping that would otherwise be required.
      6.   Signage:
         a.   Free standing signage shall be limited to a maximum height of six feet (6').
         b.   Signs shall be made of materials that enhance the appearance of the neighborhood, such as wood, stone, non-reflective or patinated metals, or similar materials.
         c.   Illuminated signs located adjacent to any residential area shall be shielded to direct light downward and away from adjacent properties such that there is no spillover light and shall be controlled by a rheostat or functional equivalent to avoid excessive glare visible from residential properties.
         d.   Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.
         e.   Wall signs shall not be allowed on any facade on the interior side that faces property zoned R - Single Family and Multiple Family Residential or that has a residential principal permitted use.
      7.   Off-Street Parking:
         a.   Commercial and residential uses must comply with applicable provisions contained in section 3-2-17 of this chapter.
         b.   On-street parking adjacent to commercial property may be used to satisfy off-street parking requirements.
   G.   Property Development Standards For Accessory Buildings: All accessory buildings, both permanent and non-permanent, shall comply with Section 3-2-5(H).
   H.   Building Development Standards for Commercial Uses: Buildings used for commercial purposes shall meet the following standards:
      1.   Low-intensity building and site lighting shall be installed in such a manner as to minimize light spillover and glare into residential neighborhoods.
      2.   Commercial storefront exterior materials and colors shall harmonize with the surrounding properties. Exterior treatments characterized by an overly bright, shiny, reflective or artificial appearance shall not be permitted.
      3.   The appearance of handicap ramps and entries shall be integrated into the design of the property they serve, minimize visual impact from the public right-of-way, provide the most direct building access possible, and comply with the Americans with Disabilities Act.
      4.   The visual impact of parking and mechanical equipment from the public right-of-way shall be minimized through the use of screening or landscaping.
      5.   Awnings shall not obscure the character-defining features of the building.
   I.   General Regulations for Commercial Uses: Commercial uses shall be subject to the following restrictions:
      1.   The outdoor storage of goods or materials is prohibited.
      2.   Warehousing or the indoor storage of goods or materials beyond that normally incidental to permitted uses is prohibited.
      3.   The appearance of handicap ramps and entries shall be integrated into the design of the property they serve, minimize impact on the public right-of-way, provide the most direct building access as possible, and comply with the Americans with Disabilities Act.
      4.   Commercial buildings and associated structures and other improvements shall be designed in a manner that minimizes conflicts between pedestrian traffic and vehicles.
      5.   Commercial building facades shall be designed and constructed in a manner that avoids large expanses of undifferentiated space.
      6.   Commercial uses shall not have adverse impacts on the use and enjoyment of adjacent residential properties. (Ord. 819, 8-22-2017; amd. Ord. 860, 5-25-2021)

3-2-7: RMH MOBILE HOME PARK AND MOBILE HOME SUBDIVISION DISTRICT:

Mobile homes shall be regulated by chapter 5, "Mobile Home Parks, Mobile Home, Manufactured Home Subdivisions And Recreational Vehicle Parks", of this title, in conjunction with the official zoning district map. (Ord. 256, 4-11-1978)

3-2-8: PQP PUBLIC, QUASI-PUBLIC DISTRICT:

This district is intended to accommodate public or quasi- public institutional uses.
   A.   Principal Uses Permitted:
      Adult care facility.
      Cemeteries.
      Hospitals, sanatoriums or similar healthcare facilities; provided, that:
      1.   The site shall contain a net land area in accordance with State law and/or occupancy tables specified in the Uniform Building Code, latest edition.
      2.   All loading facilities shall be screened from adjoining properties, and insofar as practicable, from the view of patients from the interior of the building.
         Museums, convention centers and civic auditoriums.
         Public administrative offices.
         Public airport and associated private land uses of a light industrial nature (hangars, flight school, flight service, etc.).
         Public parks; provided, however, that existing parks shall not be encroached upon for other public or quasi- public building purposes (i.e., no school buildings, firehouses, etc., may be allowed in parks).
         Public schools, colleges or universities.
         Residential facility for groups.
   B.   Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use, except as otherwise provided herein.
   C.   Property Development Standards For Permitted Principal Uses:
      1.   Minimum Setback From Any Street Line: Not less than one and one-half (11/2) times the height of the principal building.
      2.   Minimum Setback From Interior Side And Rear Lot Lines: Not less than the height of the principal building, plus one additional foot for each five feet (5') or part thereof that such building exceeds thirty five feet (35') in the aggregate horizontal dimension of the wall generally parallel to such side or rear lot line.
      3.   Maximum Building Height: In accordance with requirements of the current City Airport Master Plan.
      4.   Maximum Lot Coverage: The total ground floor area of all buildings shall not exceed thirty five percent (35%) of the net site area.
   D.   Conditional Use Permits Required:
      1.   The establishment, expansion or change of any use, including principal permitted uses, shall be governed by the conditional use permit procedure, as set forth in section 3-2-18 of this chapter.
      2.   Similar uses determined to be functionally comparable to principal permitted uses in this zone.
      3.   For purposes of application of the conditional use permit procedure, "use expansion" shall be defined as any building expansion involving an addition of one thousand (1,000) square feet of the gross building footprint or an addition of five percent (5%) of the gross building footprint, whichever is greater.
   E.   Property Development Standards For Accessory Buildings:
      1.   Maximum Height: Regulations applicable to the principal building shall apply.
      2.   Location: Accessory buildings, whether attached or detached, shall be located in accordance with location on the lot as approved by the planning commission.
   F.   General Regulations:
      1.   Site Plan Approval: Prior to issuance of a permit, site plans shall be reviewed and approved by the city administrative staff.
      2.   Outdoor Storage Prohibited: The outdoor storage of goods or material shall be prohibited, except when enclosed by a screen wall in a location approved by the building inspector. (Ord. 805, 12-13-2016)

3-2-9: CC, CT COMMERCIAL DISTRICTS:

   A.   CC Convenience Commercial District: This district is intended to accommodate small scale convenience centers, which are under one roof and served by an adequate off street parking area, and which are designed to meet the incidental daily convenience needs of immediately adjacent residential areas.
      1.   Principal Uses Permitted:
         Barber and beauty shops.
         Retail establishments selling a line of convenience goods similar to that of supermarkets but more limited in scale.
         Self-service laundry and self-service dry cleaning establishments; laundry or dry cleaning pick up outlets.
         Similar commercial-retail activities.
      2.   Accessory Uses Permitted: No accessory buildings, structures or uses shall be permitted, except off street parking and loading, trash enclosures and accessory signs.
      3.   Property Development Standards For Permitted Principal Uses: Area, height, bulk and placement requirements:
 
District
Lot Area
(Sq. Ft.)
Minimum Lot Dimensions
Minimum Setbacks For Principal Buildings
Maximum Building Height
Maximum Of Lot Coverage
Minimum
Maximum
Width
Depth
Street
Rear
Interior Line Side Yard
Convenience commercial
15,000
30,000
150'
100'
40'
25'
15'
25', 2 stories or in accordance with city airport master plan, whichever is the least
40%
 
      4.   General Regulations:
         a.   The outdoor storage of goods or materials shall be prohibited.
         b.   Warehousing or the indoor storage of goods or material beyond that normally incidental to permitted uses shall be prohibited.
         c.   The planning commission, subject to approval of the city council, may require landscaping to promote compatibility with the neighborhood.
      5.   Conditional Use Permits Required: All developments in CC zoning districts shall be subject to the conditional use permit procedure as set forth in section 3-2-18 of this chapter. (Ord. 256, 4-11-1978; amd. Ord. 460, 8-22-1995)
   B.   CT Commercial Transitional District:
      1.   Intent: The purpose of the CT zoning district is to establish a transitional zone between more intense commercial districts and residential districts, particularly along higher volume traffic corridors, and to promote a pattern of land use suitable for the development of professional and business offices and limited service, retail and commercial activities. The CT district is intended to protect established residential neighborhoods from the type of land use associated with high levels of noise, illumination and traffic that could be detrimental to the characteristics of the residential neighborhood.
      2.   Principal Permitted Uses:
         Art studios.
         Banks, financial institutions.
         Barber and beauty shops.
         Childcare centers.
         Florists.
         Healing art, healthcare facilities, including medical and dental offices.
         Laboratories: medical, dental, optical.
         Laundry or dry cleaning pick up outlets.
         Lodges, fraternal organizations, recreation, social and service clubs.
         Offices: both business and professional, including accountants, architects, collection agencies, chiropractors, employment agencies, engineers, health services, insurance agencies, law offices, real estate, stenographic services, title insurance firms.
         Pharmacies when operated in conjunction with, and within the same building as, a medical clinic.
         Photographic studios.
         Schools for music, dance, teaching and creative arts.
         Trade schools.
         Travel agencies.
         Uses determined to be functionally comparable to principal permitted uses in this zone.
      3.   Conditional Uses Permitted:
         Churches, church facility complexes and places of religious worship.
         Convalescent hospitals, sanatoriums, nursing homes, homes for the aged.
         Funeral homes and mortuaries.
         Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse, condominium or attached housing developments.
         Restaurants, sandwich and beverage shops, delicatessens.
         Theaters, indoor.
         Similar uses determined to be functionally comparable to conditional permitted uses in this zone.
      4.   Property Development Standards:
         a.   Lot Area: The minimum lot area shall be fifteen thousand (15,000) square feet.
         b.   Lot Width: The minimum lot width shall be one hundred feet (100').
         c.   Lot Coverage: The maximum lot coverage shall be fifty percent (50%).
         d.   Front Yard: A minimum setback of thirty feet (30') shall be required.
         e.   Rear Yard: A minimum setback of ten feet (10') shall be required.
         f.   Interior Side: A minimum setback of zero feet (0') to five and one-half feet (51/2') shall be required. Interior side yards which abut any residential district shall observe the five and one-half foot (51/2') setback required as part of the R zoning district.
         g.   Exterior Side: A minimum setback of thirty feet (30') shall be required.
         h.   Building Height: Building height shall not exceed thirty five feet (35'), or requirements contained within the city airport master plan, whichever is the most restrictive.
      5.   General Regulations:
         a.   The outdoor storage of goods or materials shall be prohibited.
         b.   Warehousing or the indoor storage of goods or materials beyond that normally incidental to permitted uses shall be prohibited. (Ord. 460, 8-22-1995)

3-2-10: PC, C COMMERCIAL DISTRICTS:

   A.   PC Planned Commercial District:
      1.   Intent: The purpose of the PC planned commercial zoning district is to designate areas appropriate for mixed-use community shopping centers, office parks, and other similar commercial developments where excellence in site planning, building design and maintenance are important objectives.
      2.   Conditionally Permitted Uses: Planned commercial development, inclusive of retail, commercial, service, medical, professional office or similar business development, is characterized by an organized and concentrated grouping of retail/service outlets and establishments that are served by common streets, points of access, circulation routes and parking systems. For all uses in the PC planned commercial District, an application for a conditional use permit must be submitted pursuant to Section 3-2-18; in addition to a site plan, the application must contain a development plan describing how the use will satisfy the development standards set forth in this section.
      3.   Development standards:
         a.   Street Access Requirements: A planned commercial development shall be permitted only on a site which abuts an arterial street or highway. Curb cut requirements shall comply with Section 3-2-17.
         b.   Required Yards: All buildings and structures, including, but not limited to, loading docks and service areas shall be set back not less than thirty feet (30') or one and one-half (1-1/2) times the height of the building or structure, whichever is greater, from the outer most perimeter boundary of the project.
         c.   Required Yards: Yards shall be used only for landscaping, driveways, internal circulation, walkways, parking, signs, and other related streetscape features.
         d.   Landscaping:
         (1)   Provisions for landscaping shall be shown on the site plan and included in the development plan submitted with the conditional use permit application. Landscaping features may include screen planting, lawn areas, trees, shrubs, fences and walls. Drought tolerant, low maintenance species, in conjunction with decorative "hard surface" materials such as volcanic rock, gravel or stone are encouraged and may be utilized to fulfill landscape surface requirements.
         (2)   For every new construction in the PC planned commercial zoning district, a minimum landscaped area shall be provided in an amount equal to fifteen percent (15%) of the surface area of the developed portion of the property, to include property consisting of multiple parcels which form a single development. Additionally, the City may, in its discretion, require that landscaped areas be distributed throughout the development, including yard areas between buildings, structures and the adjacent street right of way line.
         (3)   It shall be the responsibility of the owner or developer to satisfy the landscaping requirements set forth in this section and to provide such maintenance and care as are reasonably required to maintain and obtain the aesthetic effect intended by the development plan.
         e.   Screening for Residential Property: In addition to other buffering requirements, when loading docks or service areas within the development are across the street from or adjoining property in a residential district, the development is subject to the screen wall requirements set forth in Subsection 3-2-3(J) and any conditions imposed by the Planning Commission or, in the event of an appeal, the City Council in accordance with Section 3-2-18.
         f.   Internal Traffic Circulation: For parking spaces within PC planned commercial zoning district parking lots, the City may require the use of chocks or comparable traffic control devices to prevent undesirable traffic movements, facilitate the channeling of vehicular and pedestrian movement, and protect any features of the parking lot (walls, landscape areas, signs, etc.)
         g.   Parking Lot Lighting: Lighting of parking lots shall be installed for safety and security purposes and shall have an illumination range of twenty-five hundredths (0.25) of a foot-candle to one foot-candle.
         h.   Pedestrian Walkways: A system of pedestrian walkways shall be provided so as to separate vehicle and pedestrian movements.
         i.   Parking Reduction: For PC planned commercial district developments which, pursuant to Section 3-2-17, require one hundred (100) or more parking spaces, the Planning Commission, upon demonstration of adequate shared or alternative parking, may grant a reduction of up to ten percent (10%) of the collective number of parking spaces that would otherwise be required.
         j.   Storage: Outdoor storage is prohibited in the PC planned commercial zoning district. Permanent accessory building(s) for storage are allowed.
   B.   C General Commercial District:
      1.   Principal Uses Permitted: All commercial uses customarily found in a commercial area, including, but not limited to, the following uses:
         a.   Entertainment (including, but not limited to, casinos, theaters, museums, and arcades).
         b.   Lodging.
         c.   Offices.
         d.   Restaurants.
         e.   Retail sales and services.
      2.   Conditional Uses Permitted: The following uses are permitted in the C general commercial zoning district only with a conditional use permit:
         a.   Banking: Stand-alone automated teller machines (ATMs).
         b.   Central Business District (CBD): See Subsection 3-2-10(B)(8) for conditionally permitted uses within the CBD.
         c.   Churches: Churches, church facility complexes and places of religious worship.
         d.   Commercial Zone Abutting Residential Zone: Every new development on a lot or parcel abutting a residential zoning district. All such developments are subject to the screen wall requirements set forth in Subsection 3-2-3(J) and any conditions imposed by the Planning Commission or, in the event of an appeal, the City Council in accordance with Section 3-2-18.
         e.   Gas Stations: Businesses where gasoline and oil are sold, including businesses with facilities for repairing or maintaining automobiles.
         f.   Mixed Uses: Buildings or structures containing one or more residential dwelling units in which a significant portion of the space within the building or structure includes one or more principal permitted uses.
         g.   Mobile Homes: One (1) mobile home or manufactured home may be used as an office on a trailer, recreational vehicle, manufactured home or mobile home sales lot, provided it is properly connected to utilities. The mobile home or manufactured home may not be used for any other purpose, such as for residential use.
         h.   Parking Lots and Garages: Areas and structures used for parking vehicles, except where located on the same lot as and used in conjunction with another permitted use.
         i.   Planned Shopping Centers: See Subsection 3-2-10(B)(5)(a) for development standards.
         j.   Public, Quasi-Public: All uses identified as principal permitted uses in the PQP public, quasi-public district.
         k.   Recreational Vehicle Parks (RVPs): The rental of space for temporary short-term, transient occupancy by two (2) or more recreational vehicles, including any accessory buildings, structures and uses customarily incidental thereto.
         l.   Residential Uses: Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel and townhouses or condominiums or attached housing developments. Single-family residences, duplexes, triplexes and fourplexes are not permitted in the C general commercial zoning district.
         m.   Storage Units: Commercial storage units.
         n.   Other Uses: All other uses which do not meet the criteria for but are similar in function and character to any of the uses which are specifically identified as being permitted with a conditional use permit.
      3.   Accessory Uses Permitted:
         a.   Outdoor display and sales.
         b.   Propane or fuel filling areas.
         c.   Outdoor dining with proper permitting.
         d.   Accessory buildings.
         e.   Electric vehicle charging stations.
      4.   Development Standards:
         a.   Setbacks: All setbacks are zero, unless stated otherwise for specific uses.
         b.   Height Restrictions: All structures within the C general commercial zoning district must be in accordance with the height and other standards set forth in the current City Airport Master Plan, to the extent the plan applies to that location.
      5.   Development Standards for Specific Uses:
         a.   Planned Shopping Centers: Within the C general commercial zoning district, planned shopping centers are permitted with a conditional use permit, subject to the following standards:
         (1)   Street Access Requirements: The site must abut an arterial street or highway. Curb cuts shall comply with the requirements contained in Section 3-2-17.
         (2)   Required Yards: All buildings and structures, including, but not limited to, loading docks and service areas, shall be set back not less than thirty feet (30') or one and one-half (1-1/2) times the height of the building or structure, whichever is greater, from the outer most perimeter boundary of the project.
         (3)   Screening for Residential Property: In addition to other buffer requirements, when the loading docks or service areas of the development are across the street from or adjoining property in a residential district, then such development is subject to the screen wall requirements set forth in Subsection 3-2-3(J) and any conditions imposed by the Planning Commission or, in the event of an appeal, the City Council in accordance with Section 3-2-18.
         (4)   Internal Traffic Circulation: For parking spaces in parking lots within the C general commercial zoning district, the City may require the use of chocks or comparable traffic control devices to prevent undesirable traffic movements, facilitate the channeling of vehicular and pedestrian movement, and protect any features of the parking lot (walls, landscape areas, signs, etc.)
         (5)   Pedestrian Walkways: A system of pedestrian walkways shall be designed and constructed so as to separate vehicle and pedestrian movements.
         b.   Public, Quasi-Public: All uses identified as principal permitted uses within the PQP public, quasi-public zoning district must comply with the development standards set forth in Section 3-2-8.
         c.   Residential Uses: Residential uses must meet the setback standards applicable to the R3 Zoning District set forth in Subsection 3-2-5(G) and the development standards applicable to multiple-family residential developments set forth in Subsection 3-2-5(E)(6).
         d.   Commercial storage units: The surface of the area accessing each storage unit shall be paved with material such as asphalt, concrete or comparable permeable hard surface materials.
         e.   Accessory Buildings: Accessory buildings (either permanent or non-permanent) shall meet the following requirements as applicable:
         (1)   Permitting: A Building Permit may be required pursuant to Chapter 2-1-4(G) of the Code.
         (2)   Maximum Height: Height limitations contained in the current City of Elko Airport Master Plan are, without limitation, incorporated into this Subsection 3-2-10(B)(5)(e).
         (3)   Placement: No accessory building shall block existing parking spaces, drive aisles or fire lanes, or be placed on any easement.
      6.   Landscaping:
         a.   For every new construction in the C general commercial zoning district which is outside of the Central Business District (CBD), minimum landscaped area shall be provided in an amount equal to fifteen percent (15%) of the surface area of the developed portion of the property for lot sizes one acre or greater and ten percent (10%) of the surface area of the developed portion of the property for lot sizes smaller than one acre, to include property consisting of multiple parcels which form a single development. Additionally, the city may, at its discretion, require that landscaped areas be distributed throughout the development, including yard areas between buildings, structures and within the adjacent street right of way. The landscaping may include screen planting, lawns, trees, shrubs, fences and walls. Drought tolerant, low maintenance species, in conjunction with decorative hard surface materials such as volcanic rock, gravel or stone, are encouraged and may, where appropriate, be utilized to fulfill landscape surface requirements.
         b.   It shall be the responsibility of the owner or developer to carry out the requirements of this section and to provide proper maintenance and care of the landscaping.
      7.   Storage: Outdoor storage within the C general commercial zoning district is permitted subject to the limitations and requirements of this subsection. Outdoor storage shall be screened by a solid (opaque) wooden fence or masonry wall, or quality material of similar opacity or of open-type construction (such as chain-link) with screening material. The screen fence or wall shall be of a height capable of screening the stored materials from view from public streets and alleys and from neighboring property. Ordinary use of parking areas for operable personal vehicles of customers and employees, and display areas for sales or rental of operable vehicles, is not considered outdoor storage. The surface of the area to be used for outdoor storage shall be paved with an all-weather material such as asphalt or concrete or, in the case of the storage of heavy equipment, covered with a material which will control fugitive dust. Shipping containers (Conex boxes) are permitted in the C general commercial zoning district subject to the standards set forth in Subsection 3-2-10(B)(5)(e), above, provided the containers are located behind a screen wall or fence, are not stacked vertically and are solely utilized for the storage of materials and goods in association with the permitted business at that location. Shipping containers approved with a temporary use permit are not required to be located behind screen wall or fence.
      8.   Central Business District (CBD): Within the C general commercial zoning district, the Central Business District (CBD) is intended to contain a high concentration of the community's commercial land use and activity, with the objective of having a clean, safe, aesthetic, diverse, integrated and mutually-compatible mixture of commercial activities. Generally, the CBD is bounded by the following streets: Court Street on the northwest, 12th Street on the northeast, Silver Street on the southeast, and 2nd Street on the southwest.
         a.   Within the CBD, commercial activities will be permitted, provided they meet the requirements applicable to both the C general commercial zoning district and the CBD, except where this chapter specifically provides otherwise.
         b.   Within the CBD, construction of a new structure within one hundred fifty feet (150') of any residential zoning district will only be permitted if a conditional use permit is first issued pursuant to Section 3-2-18.
         c.   Within the CBD, any new business or other use of land involving activities which are reasonably likely to discourage other businesses through light, noise, odors, types and levels of activity, or the creation of a nuisance, such as (without limitation) auto and truck service and repair facilities; mobile home, recreational vehicle and truck sales lots; gas service stations; ministorage facilities; bars; businesses that involve light manufacturing activities, such as printing and newspaper production, saddle manufacturing and similar uses; and other uses determined by the City to have similar impacts, must first obtain a conditional use permit pursuant to Section 3-2-18.
      9.   Dog Grooming Businesses: Within the C general commercial zoning district, a business may be operated and maintained for dog grooming; provided, however, there shall not be any overnight or other harboring of dogs. (Ord. 767, 2-12-2013; amd. Ord. 880, 8-8-2023)

3-2-11: IBP, IC INDUSTRIAL DISTRICTS:

   A.   IBP Industrial Business Park District:
      1.   Intent: The purpose of the IBP Zoning District is to provide and preserve high profile areas appropriate for corporate office, research and development facilities, office parks and compatible light industrial uses with emphasis on special site design features that strengthen the City's economic base and contribute to a higher quality of appearance and standard of land use, and to preclude residential uses and also extensive commercial uses and development that may be detrimental to the character or quality of the business/industrial park environment.
      2.   Principal Uses Permitted: The primary permitted uses in the IBP Zoning District are listed as follows, plus other uses of a similar nature:
         Advertising distribution.
         Bakery.
         Bottling plants.
         Business schools, vocational and trade schools.
         Catering services.
         Childcare center.
         Communication facilities.
         Corporate and professional office, offices subordinate to and related to the principal industrial use.
         Electronic manufacturing and assembly.
         Financial institutions.
         Indoor light manufacturing, processing, assembly, fabricating or storage of certain specified products and materials.
         Laboratories, medical experimental and research.
         Machine shops.
         Newspaper and publishing plants.
         Office supply stores.
         Printing, blueprinting, photostating, and photo finishing facilities.
         Recording studios.
         Recreation and fitness centers.
         Warehousing and distribution center.
         Other commercial uses which are supportive and complementary to IBP uses and the intent of the district as determined by the Planning Commission.
      3.   Conditions:
         a.   Conditional Use Permit Required: Issuance of a conditional use permit following review by the Planning Commission and in accordance with this chapter is required for all fully integrated and planned IBP developments as part of a concept Master Plan or for individual IBP uses not part of an approved Master Plan.
         b.   Outside Storage: Any outside storage shall be suitably screened from the surrounding area by walls, planting, or other barrier to the satisfaction of the Planning Commission.
         c.   Signs: Advertising signs shall be reviewed as part of the plans submitted for conditional use permit review. The Planning Commission may require the reduction of any height or size of sign suggested by the developer, if the Planning Commission finds such reduction to be in keeping with the intent of this section.
         d.   Height Limitation: No structure may be allowed to exceed the elevation indicated in the current Airport Master Plan of the City.
         e.   Required Area And Width: Five (5) acre minimum development area with ten thousand (10,000) square feet minimum lot area within the development, one hundred fifty feet (150') average width, unless otherwise permitted by the Planning Commission.
         f.   Yards: Yards shall be set as follows:
            (1)   Rear yard: Twenty foot (20') minimum setback unless the structure borders on an alley, in which event no setback is required.
            (2)   Interior side yard: Ten foot (10') minimum setback.
            (3)   Exterior side yard: Fifteen foot (15') minimum setback.
            (4)   Front yard: Twenty foot (20') minimum setback.
         g.   Front And Exterior Side Yards: Required front yards and exterior side yards shall be limited exclusively for landscaping, driveways, internal circulation, walkways, parking, signs and other related streetscape features. Materials storage within such yards shall be prohibited.
         h.   Landscaping:
            (1)   Provisions for landscaping shall be included in the Development Master Plan to be submitted for conditional use permit approval. These shall include, but are not limited to, screen planting, lawn areas, trees, shrubs, fences and walls. Drought tolerant, low maintenance species in conjunction with decorative "hard surface" materials, such as, but not limited to, volcanic rock, gravel or stone are encouraged and may be utilized to fulfill landscape surface requirements.
            (2)   Minimum landscape area shall be provided equal to twenty five percent (25%) of the required front yard and exterior side yard equal to two and one-half (21/2) square feet per linear foot of street frontage.
            (3)   It shall be the responsibility of the owner or developer to carry out this program and to provide such maintenance and care as is required to obtain the effect intended by the original plan. All landscaping shall be planned and maintained to the satisfaction of the Planning Commission. A screen wall as set forth in subsection 3-2-3J of this chapter is required for all IBP uses within one hundred fifty feet (150') of an R district.
   B.   IC Industrial Commercial District:
      1.   Intent: The purpose of the IC Zoning District is to provide and preserve transitional areas characterized by surrounding commercial and industrial districts appropriate for a mixture of commercial uses and small scale industrial uses which are not associated with excessive levels of noise, dust, odor, vibration or smoke.
      2.   Principal Uses Permitted:
         All general commercial principal permitted uses listed in subsection 3-2-10B of this chapter.
         All light industrial principal permitted uses listed in subsection 3-2-12A of this chapter.
      3.   Conditional Uses Permitted: Any of the following uses may be permitted upon approval of a conditional use permit in accordance with provisions of this subsection and as set forth in section 3-2-18 of this chapter:
         Gas service stations.
         Mixed uses. Structures containing one or more residential dwelling units in which a significant portion of the space within the structure includes one or more principal commercial permitted uses.
         Recreational vehicle parks.
      4.   Development Standards:
         a.   Minimum Area: There is no required minimum lot area.
         b.   Minimum Lot Width: There is no required minimum lot width.
         c.   Minimum Front And Rear Yard Setback: Required minimum front and rear yard setback shall be five feet (5').
         d.   Minimum Side Yard Setback: Required minimum side yard setback shall be five feet (5').
      5.   Height Restrictions: In addition to all other applicable requirements, all structures within the IC Industrial Commercial Zoning District must comply with the height and other requirements of the current City Airport Master Plan, to the extent the plan applies to that location.
      6.   IC Industrial Commercial Zone Abutting Residential Zone: A conditional use permit pursuant to section 3-2-18 of this chapter is required for every new development on a lot or parcel in the IC Industrial Commercial Zoning District which abuts a residential zoning district. All such developments are subject to the screen wall requirements set forth in subsection 3-2-3J of this chapter.
      7.   Outside Storage: Any outside storage of materials shall be suitably screened from surrounding area by fencing, walls, planting, or other comparable barrier.
      8.   Landscaping:
         a.   For every new construction in the IC Industrial Commercial Zoning District which is outside of the Central Business District (CBD), minimum landscape area shall be provided in an amount equal to fifteen percent (15%) of the surface area of the developed portion of the property for lot sizes one acre or greater and ten percent (10%) of the surface area of the developed portion of the property for lot sizes smaller than one acre, to include property consisting of multiple parcels which form a single development. Additionally, the City may, at its discretion, require that landscaped areas be distributed throughout the development, including yard areas between buildings, structures and the adjacent street right- of-way line. The landscaping may include, but is not limited to, screen planting, lawns, trees, shrubs, fences and walls. Drought tolerant, low maintenance species, in conjunction with decorative hard surface materials such as, but not limited to, volcanic rock, gravel or stone, are encouraged and may, where appropriate, be utilized to fulfill landscape surface requirements.
         b.   It shall be the responsibility of the owner or developer to carry out the requirements of this section and to provide proper maintenance and care of the landscaping. (Ord. 829, 5-22-2018)

3-2-12: LI, GI INDUSTRIAL DISTRICTS:

   A.   LI Light Industrial District:
      1.   Intent: The purpose of the LI Zoning District is to provide and preserve areas reserved primarily for less intensive industrial use and activity normally associated with previously prepared materials and with minimal levels of noise, dust, odor, vibration or smoke, and to preclude encroachment of land uses such as residential uses that could be in conflict with the industrial and manufacturing environment.
      2.   Area and Setback Requirements: All LI District uses shall be established in accordance with the following:
         a.   Minimum Area: In an LI District, there is no required minimum lot area for a light industrial use.
         b.   Minimum Lot Width: In an LI District, there is no required minimum lot width.
         c.   Minimum Front and Rear Yard Setback: Required minimum front and rear yard setback in the Light Industrial (LI) District shall be ten feet (10').
         d.   Minimum Side Yard Setback: Required minimum side yard setback in the Light Industrial District shall be ten feet (10').
         e.   Maximum Building Height: The maximum allowable building height in the Light Industrial District shall not exceed the allowable elevation indicated in the current Airport Master Plan for the City.
      3.   Principal Uses Permitted: The primary permitted uses in the LI Zoning District are listed as follows, plus other uses of a similar nature:
         Ambulance service.
         Appliance repair.
         Assayer.
         Assembly of products and materials.
         Auto and truck repair garage.
         Auto parking lot.
         Bakery.
         Bottling plant.
         Bus facilities or terminals.
         Business machine service.
         Cabinet manufacturing.
         Clinics.
         Contractor's services.
         Corporate offices.
         Dairy products distribution.
         Drilling companies.
         Electrician shop.
         Equipment rentals and sales.
         Fabricating of products and materials.
         Financial institutions.
         Fire stations.
         Government facilities.
         Health club.
         Heavy equipment storage and sales.
         Laboratories (medical, dental, optical, veterinarian, chemists).
         Manufacturing of products and materials (limited in scale).
         Medical offices.
         Metallurgical lab.
         Municipal buildings.
         Museums.
         Park and ride facilities.
         Plumbing shop.
         Post office.
         Professional offices.
         Restaurants.
         Storage units.
         Trucking facilities or terminals.
         Utility companies.
         Veterinary clinics.
         Warehousing.
         Other commercial uses, which are supportive and complementary to LI uses and the intent of the district.
      4.   Accessory Uses Permitted: The accessory permitted uses in the LI district are:
         Storage buildings.
      5.   Conditional Uses Permitted: Any of the following uses may be permitted upon approval of a conditional use permit in accordance with provisions of this subsection and those set forth in section 3-2-18 of this chapter:
         Childcare center.
         Gas service station.
         Halfway house for recovering alcohol and drug abusers.
         Humanitarian campgrounds.
         Mixed uses; any structure containing a residential dwelling unit occupied by the owner or an employee of the owner of the structure containing the principal permitted use, if a significant portion of the space within the structure includes one or more principal permitted uses.
         Mobile homes or residential quarters for caretakers or watchmen. A permanentized mobile home that has been converted to real property under the common law and is taxed as real property in accordance with Nevada Revised Statutes Chapter 361. In addition, there must be fill compliance with all yard requirements of the R zoning district.
         School; Public, Private or Trade.
      6.   Residential Uses: A stand-alone (i.e., freestanding and independent) building or structure devoted solely to residential use is not allowed in the LI district as a permitted use or a conditional permitted use. Residential uses existing at the time of adoption of the ordinance codified herein may be allowed to continue in accordance with section 3-2-19 of this chapter.
      7.   Industrial Zone Abutting Residential Zone: When an industrial zone abuts a residential zone, a conditional use permit is required pursuant to section 3-2-18 of this chapter. All such developments are subject to the required screen wall in accordance with the provisions of subsection 3-2-3J of this chapter.
      8.   Requirements: All requirements set forth in section 3-2-17 of this chapter must be adhered to.
      9.   Screen Walls: A screen wall as set forth in subsection 3-2-3J of this chapter is required for all LI uses within one hundred fifty feet (150') of an R district.
      10.   Provisions for Landscaping:
         a.   Provisions for landscaping shall be part of the development plan and shall include, but are not limited to, screen planting, lawn areas, trees, shrubs, fences and walls. Drought tolerant, low maintenance species in conjunction with decorative "hard surface" materials, such as, but not limited to, volcanic rock, gravel or stone are encouraged and may be utilized to fulfill landscape surface requirements.
         b.   Minimum landscape area shall be provided equal to twenty-five percent (25%) of the required front yard and exterior side yard, or equal to two (2) square feet per linear foot of street frontage.
         c.   It shall be the responsibility of the owner or developer to carry out this program and to provide such maintenance and care as is required to obtain the effect intended by the original plan.
   B.   GI General Industrial District:
      1.   Intent: The purpose of the General Industrial (GI) zoning district is to provide and preserve areas reserved primarily for more intensive industrial uses engaged in basic processing or manufacturing of products from raw materials and with tolerable levels of noise, dust, odor, vibration or smoke, and to preclude encroachment of land uses such as residential uses that could be in conflict with the industrial and manufacturing environment.
      2.   Area and Setback Requirements: All GI District uses shall satisfy the following requirements:
         a.   Minimum Lot Area: In the GI District, there is no minimum lot area.
         b.   Minimum Lot Width: In the GI District, there is no minimum lot width.
         c.   Minimum Front and Rear Yard Setback: Minimum front and rear yard setbacks in the GI District shall be ten feet (10'). If the property adjoins a residential district, there shall be a rear yard having a width of not less than twenty-five feet (25').
         d.   Minimum Side Yard Setback: The minimum side yard setback in the GI District shall be ten feet (10'). If the property adjoins a residential district, there shall be a side yard having a width of not less than twenty-five feet (25').
         e.   Maximum Building Height: The maximum building height in the GI District shall not exceed the allowable elevation indicated in the current Airport Master Plan for the City.
      3.   Principal Uses Permitted: The primary permitted uses in the GI zoning district include all uses permitted in the LI zoning district, plus other uses listed as follows:
         Food processing facilities.
         Manufacturing of products or materials.
         Outdoor manufacturing, processing, assembly and fabrication.
         Other commercial uses which are supportive and complementary to GI district uses and the intent of the district as determined by the planning commission.
      4.   Accessory Uses Permitted: The accessory permitted uses in the GI district are:
      Storage buildings.
      5.   Conditional Uses Permitted: Any of the following uses may be permitted upon approval of a conditional use permit in accordance with provisions of this subsection and those set forth in section 3-2-18 of this chapter:
         Asphalt or concrete batch plant.
         Gas service station.
         Halfway house for recovering alcohol and drug abusers.
         Humanitarian campgrounds.
         Mobile homes or residential quarters for caretakers or watchmen. A permanentized mobile home that has been converted to real property under the common law and is taxed as real property in accordance with Nevada Revised Statutes Chapter 361. In addition, there must be full compliance with all yard requirements of the R zoning district.
         Mixed uses; any structure containing a residential dwelling unit occupied by the owner or an employee of the owner of the structure containing the principal permitted use, if a significant portion of the space within the structure includes one or more principal permitted uses.
         Wrecking yard, salvage yard or junkyard.
         Other similar uses or uses determined to be more noxious in character or operation.
      6.   Residential Uses: A stand-alone (i.e., freestanding and independent) building or structure devoted solely to residential uses is not allowed in the GI district as a permitted use or a conditional permitted use. Residential uses existing at the time of adoption of this section may be allowed to continue in accordance with section 3-2-19 of this chapter.
      7.   Industrial Zone Abutting Residential Zone: When an industrial zone abuts a residential zone, a conditional use permit is required pursuant to section 3-2-18 of this chapter. All such developments are subject to the required screen wall in accordance with the provisions of subsection 3-2-3J of this chapter.
      8.   Flammable and Combustible Liquids, Bulk Storage: All flammable and combustible liquids shall be governed by title 6, chapter 3 of this code. (Ord. 805, 12-13-2016; amd. Ord. 879, 1-24-2023)

3-2-13: AG GENERAL AGRICULTURE DISTRICT:

This district is intended to comprise lands devoted to agriculture, related activities and other open uses. This district 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.
   A.   Principal Uses Permitted:
      1.   Agricultural Uses:
         General agriculture on parcels not less than five (5) contiguous acres in area.
         Commercial breeding, raising, training and feeding principally by grazing of horses, cattle, sheep, goats and hogs; provided, that pens, buildings, corrals and yards other than open pastures are not closer than five hundred feet (500') to any residence, except the residence of the property owner.
         Dairies; poultry and egg farms; fur farms; public stable; provided, that pens, buildings and enclosures other than open pastures are not closer than five hundred feet (500') to any residence, except the residence of the property owner.
         Oil wells.
         Soil crops.
      2.   General Uses:
         Guest ranches, on parcels having an area not less than ten (10) acres; provided, that pens, buildings and yards other than open pastures used for keeping of livestock are not closer than one hundred feet (100') to any street, highway or residential district.
         Veterinary clinic or animal hospital.
      3.   Conditional Uses Permitted:
         Churches and church facility complexes.
         Public recreational uses, including public or quasi- public golf courses and similar activities.
         Schools.
         Water pumping plants and storage tanks.
   B.   Accessory Uses Permitted:
      1.   Accessory buildings, structures and uses customarily incidental to permitted principal or conditional uses.
      2.   Employee housing, servants' quarters, guesthouses.
      3.   Storage of petroleum products required for use on the premises; provided, that such storage shall not exceed one thousand (1,000) gallons and shall be subject to all applicable health and safety laws.
      4.   Home occupations.
   C.   Property Development Standards For Principal Permitted Uses:
      1.   Minimum lot or site area: Five (5) acres.
      2.   Minimum lot or site width: Four hundred feet (400').
      3.   Minimum setback from all street lines: One hundred feet (100').
      4.   Minimum side yards: One hundred feet (100').
      5.   Minimum Rear Yard: One hundred feet (100').
   D.   Property Development Standards For Accessory Buildings:
      1.   Maximum Height: In accordance with requirements of the current city airport master plan.
      2.   Minimum Space: The minimum space between a building used for sleeping or living purposes and any other detached building is twenty feet (20').
      3.   Minimum Side And Rear Setbacks: Minimum side and rear setbacks of buildings not used for keeping poultry or animals is twenty feet (20').
      4.   Accessory Buildings: Accessory buildings, whether attached or detached, shall not be erected in any required front or side yard, except as otherwise provided in this chapter.
   E.   Maintenance Of Stock Fences: All livestock and poultry kept shall be kept confined to the premises by erection and maintenance of a stock fence and necessary cattle guards. (Ord. 256, 4-11-1978)

3-2-14: FP, SA OVERLAY DISTRICTS:

   A.   FP Floodplain Overlay District: This overlay comprises areas subject to inundation by floodwaters according to limits established by the department of housing and urban development. It is the intent of this overlay to establish such regulations as are necessary to protect the public from the hazards and cost which may be incurred when unsuitable development occurs in such areas.
   B.   SA Special Area Overlay District: The purpose of the SA special area overlay district is to recognize certain areas as having unique or extraordinary features, characteristics, circumstances or history related to topography, streets and circulation, property sizes and configurations or established patterns of land use; and, to provide the opportunity to establish special development standards and regulations suitable for qualified special areas.
      1.   Standards Established: Special area and special area development standards are hereby established for the following described property:
Property zoned R on the east and west side of Lamoille Road, north of Wilson Avenue and inclusive of all R zoned property between Front Street on the north and Wilson Avenue on the south; property zoned R on the north and south side of Carlin Court and on the south side of Ouderkirk Avenue, west of Lamoille Road and inclusive of all R zoned property between Wilson Avenue on the north, Ouderkirk Avenue on the south and Lamoille Road on the east.
      2.   Property Development Standards:
         a.   Area Requirements:
            (1)   Minimum lot area: Four thousand (4,000) square feet.
            (2)   Minimum lot width: Forty feet (40').
            (3)   Minimum lot depth: Eighty feet (80').
         b.   Land Use:
            (1)   Single-family dwelling (SFD): Four thousand (4,000) square feet.
            (2)   SFD or duplex: Six thousand (6,000) square feet.
            (3)   SFD, duplex or triplex: Seven thousand (7,000) square feet.
            (4)   SFD, duplex, triplex or fourplex: Eight thousand eight hundred (8,800) square feet.
      3.   Building Setbacks:
         a.   Front Yard:
            (1)   Single-story wall or elevation, twelve feet (12').
            (2)   Two-story wall or elevation, fifteen feet (15').
         b.   Rear Yard: Fifteen feet (15').
         c.   Exterior Side Yard:
            (1)   Single-story wall or elevation, seven and one-half feet (71/2').
            (2)   Two-story wall or elevation, twelve feet (12').
         d.   Interior Side Yard:
            (1)   Single story wall or elevation, five feet (5').
            (2)   Two-story wall or elevation, seven and one-half feet (71/2').
      4.   Off Street Parking:
         a.   Single-family dwelling, two (2) spaces.
         b.   Multiple-family dwelling, two (2) spaces per unit. (Ord. 512, 8-11-1998)

3-2-15: PUD PLANNED UNIT DEVELOPMENT DISTRICT:

The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the planned unit development (PUD) district regulations. The "planned unit development" is a concept as defined in section 3-2-2 of this chapter. A planned unit development may consist of attached or detached single-family units, townhouses, chapter units, condominiums, garden apartments or any combination thereof.
   A.   Purpose And Objective: The purpose is to establish procedures and standards for planned unit developments within the corporate limits of the city in order that the following objectives may be attained:
      1.   Accumulation of large areas of usable open space for recreation and preservation of natural amenities.
      2.   Flexibility in design to take the greatest advantage of natural land, trees, historical and other features.
      3.   Creation of a variety of housing types and compatible neighborhood arrangements that give the homebuyer greater choice in selecting types of environment and living units.
      4.   Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the city.
      5.   Efficient use of land which may result in reduction in development costs of street and utility systems.
      6.   Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development.
      7.   Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the city of proposed land use, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors.
   B.   Use Regulations: Uses permitted in the planned unit development may include, and shall be limited to, the following; provided, that the uses permitted in this district shall be subject to the issuance of a conditional use permit after review by the planning commission and approval by the city council:
      1.   Public dedication to the city of the common open space. This method is subject to formal acceptance by the city.
      2.   Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space.
      3.   Retention of ownership, control and maintenance of all common open space by the developer.
      4.   All privately owned common open space shall continue to conform to its intended use and remain as expressed in the site plan through the inclusion of all deeds or appropriate restrictions to ensure that the common open space is permanently preserved according to the site plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.
      5.   All common open space as well as public and recreational facilities shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.
      6.   If the developer elects to administer common open space through an association or nonprofit corporation, said organization shall conform to the following requirements:
         a.   The developer must establish the association or nonprofit corporation prior to the sale of any lots.
         b.   Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the planned unit development and said association or corporation shall not discriminate in its members or shareholders.
         c.   The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, administration and operation of said land and any other land within the planned unit development not publicly or privately owned, and shall secure adequate liability insurance on the land.
         d.   If the developer elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space.
         e.   Said association or nonprofit corporation shall not be dissolved nor shall dispose of any common open space by sale or otherwise, without first offering to dedicate such common open space to the city, which offer shall be accepted or rejected within one hundred twenty (120) days.
         f.   Said association or nonprofit corporation may make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the planned unit development plan. The assessment shall be made ratably against the properties within the planned unit development that have a right of enjoyment of the common open space.
         g.   Said association or nonprofit corporation established for ownership and maintenance of common open space and receiving payments from owners of the property within the planned unit development shall:
            (1)   Immediately deposit such payments in a separate trust account maintained by it with some bank or recognized depository in this state.
            (2)   Keep records of all payments deposited therein and all disbursements therefrom.
      7.   The city, association, nonprofit corporation, developer or landowner who retains ownership, control and maintenance of a common open space shall have all rights of assessment, enforcement of assessment lien and other procedures available to said individual, corporation, association or other business entity as set forth in Nevada Revised Statutes chapter 278A.
   C.   Utilities And Services: Structures within the planned unit development shall be connected to city water and sewer lines and all utility lines shall be placed underground except for major electrical transmission lines. The road network of the planned unit development shall be of a suitable design and construction as to meet city specifications. The city shall have the right to require, prior to the approval of the site plan, such easements from the developer as are necessary for access by the city to privately owned acres of the planned unit development to permit the city to perform necessary police, health, safety and fire services.
   D.   Minimum Development Standards: A planned unit development must contain five (5) or more dwelling units and all lots within the planned unit development shall meet at least the following minimum requirements:
      1.   Minimum Site Area: Minimum site area shall be five (5) acres, except the planning commission, with approval of the city council, may waive this minimum when proper planning justification is shown.
      2.   Minimum Lot Size For Single-Family Detached Residences: The following minimum lot sized per dwelling unit shall apply to all lots containing a single-family detached residence, if said lots are located entirely within that section of the planned unit development that was previously located in an R zoning district:
7,500 square feet = 5.81
      3.   Lot Coverage: Maximum lot coverage shall be fifty percent (50%) for all lots within the planned unit development.
      4.   Setbacks: There shall be a minimum setback of ten feet (10') between any buildings which are forty feet (40') or less in height and all public or private access right of way designed for limited vehicular traffic, such as minor residential streets, cul-de-sacs, or dead end type streets. A minimum setback of twenty feet (20') shall apply to dwelling units located on collector streets and a minimum setback of thirty feet (30') shall apply to dwelling units located on arterial streets. The setback shall be increased two feet (2') for each additional story above forty feet (40') of height.
      5.   Distance Between Buildings: There shall be a minimum distance between detached buildings as follows: Twenty feet (20') for the first forty feet (40') of height. Two feet (2') additional for each additional story above forty feet (40') of height.
      6.   Access: All lots shall have access to either private or public roads within the planned unit development. Private roads are to be allowed within the planned unit development if they meet the minimum city construction standards. Private roads shall not be permitted along the perimeter of the planned unit development unless approved by the planning commission. All roads must be designated to tie in effectively with the city thoroughfare portion of the general plan. The city shall be allowed access on private roads and privately owned common open space to ensure the police and fire protection of the area to meet emergency needs, and to conduct city service.
      7.   Buffer Areas And Screening: Compatible and complementary buffer areas and/or screening shall be provided between primary residential uses and secondary nonresidential uses within the planned unit development and between conflicting uses located on the periphery of the development and surrounding developments or zoning districts. Sizes of buffer zones shall be determined during the process of conditional use permit approval.
      8.   Common Walls; Fire Resistance: Within the buildings, whenever common walls are proposed, they shall be two (2) hour fire resistant.
      9.   Drainage: Drainage on the internal private and public streets shall be as required by the public works department. All common driveways shall drain to either storm sewers or a street section.
      10.   Fire Hydrants: Fire hydrants shall be provided and installed as required by the fire department. Fire lanes shall be provided as required by the fire department. Fire lanes may be grass areas.
      11.   Exterior Lighting: Exterior lighting within the development shall be provided on private common drives, private vehicular streets and on public streets. The lighting on all public streets shall conform to the standards approved for regular use elsewhere in the city. (Ord. 256, 4-11-1978)
   E.   Open Space And Density:
      1.   In no instance shall the total amount of usable open space within the planned unit development be less than twenty percent (20%) of the gross acreage of the planned unit development. The following shall not be counted as usable open space: Land that has average slopes of greater than ten percent (10%); any streets, parking areas or other asphaltic or paved areas except for pedestrian and bicycle paths.
      2.   Density of the area shall be computed in the form of dwelling units per acre. The following maximum density shall apply to those sections of the planned unit development that were previously located in the following specified zoning districts:
         R district specific density will be determined in process of conditional use permit review, however, in no instance shall the maximum density exceed twelve (12) units per acre.
   F.   Open Space And Related Incentives:
      1.   For each five percent (5%) increment of additional usable common open space above the twenty percent (20%) per gross acre minimum, the developer will be allowed a corresponding increase in density of ten percent (10%) above the density figure computed in subsection E of this section, subject to the maximum limitation of twelve (12) units per acre.
      2.   For each linear mile of bicycle path provided in the planned unit development, the developer will be allowed a corresponding increase in density of ten percent (10%) above the density figure computed in subsection E of this section, subject to the maximum limitation of twelve (12) units per area. The route of the bicycle path and its gradient must be reviewed by the planning commission and approved by the city council and shall be constructed according to the following specifications: width, at least eight feet (8') wide; paving, at least six inches (6") of compacted crushed stone base with two inches (2") of asphaltic concrete, whichever is suitable to the development. All site work, including drainage facilities, clearing and grading for the bicycle path shall be reviewed by the planning commission and approved by the city council. (Ord. 336, 12-14-1982)
   G.   Termination Of Planned Unit Development: Any owner of land which has been designated a planned unit development may apply to the city for the termination of the planned unit development use of that portion of his land in which construction has not been commenced pursuant to a site plan. The petition for termination of a planned unit development shall be accompanied by a zoning change application in accordance with the procedure specified in this chapter.
   H.   Building And Occupancy Permits: All building and occupancy permits shall be issued in conformance with an approved site plan for a planned unit development.
   I.   Procedures For Authorization Of Planned Unit Development: In order to provide an expeditious method for processing a plan for a planned unit development and to avoid delay and uncertainty, it is hereby declared that all procedures with respect to the approval or disapproval of a planned unit development and its continuing administration shall be consistent with the provisions set out in Nevada Revised Statutes sections 278A.440 through 278A.590, inclusive. (Ord. 256, 4-22-1978)

3-2-16: RC RESTRICTED COMMERCIAL DISTRICT:

   A.   Principal Uses Permitted:
      1.   Licensed houses of prostitution and limited residential uses associated therewith, and "sexually oriented business uses", as defined in section 3-2A-2 of this chapter, shall be permitted in restricted commercial zoned areas.
      2.   Development within the restricted commercial district shall be limited to the following areas:
The westerly 1/2 of Lot 9 and Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, of Block 47 in the Town of Elko Subdivisions; Lots 1, 2 and easterly 13.70 feet of Lot 3 of Block E of the Central Addition Subdivision.
   B.   Restricted Commercial District Use Permitted: It shall be unlawful to locate or relocate any house of prostitution in any area within the city except within a restricted commercial district.
   C.   Other Uses Permitted: General commercial, convenience commercial, light industrial and general industrial uses may be permitted in the RC zone, provided all requirements of section 3-2-12 of this chapter have been adhered to.
   D.   General Regulations:
      1.   The planning commission may require, with approval of the city council, landscaping sufficient to promote the compatibility with the neighborhood.
      2.   The outdoor storage of goods or materials shall be prohibited.
   E.   Conditional Use Permits Required: Houses of prostitution in the RC zoning district shall be subject to the conditional use permit procedure as set forth in section 3-2-18 of this chapter. (Ord. 439, 4-12-1994)

3-2-17: TRAFFIC, ACCESS, PARKING AND LOADING REGULATIONS:

It is the intent of this Chapter to secure optimum coordination and interaction between land use and transportation facilities. Preservation and improvement of the traffic function of abutting streets, and of the major street system as a whole are essential considerations in the project planning stage of land development. It is the purpose of this section to establish the regulations necessary to assure that every land use will be so located and planned as to minimize traffic congestion, hazards, and vehicular pedestrian conflicts. This Chapter also places the primary responsibility for reducing street parking on property owners and contains the regulations and minimum standards essential to the planning and development of adequate off-street parking.
   A.   Property Owner Responsibility: It shall be the duty and responsibility of each property owner to plan and develop his or her property in such a way that:
      1.   On-street space will not be required to satisfy parking or loading space needs;
      2.   Points of access from adjacent public streets will be minimized;
      3.   Driveway openings will be located and dimensioned to minimize disruption to passing traffic and the creation of traffic hazards; and
      4.   Driveways will be located to provide direct access from driveway openings to any required off-street parking.
   B.   Regulations Pertaining to Traffic: Every use of land shall conform to the following general standards, in addition to the special standards for certain specific uses of land as set forth in this Chapter:
      1.   Traffic Visibility: No obstructions to visibility at any street intersection that interfere with the ability of motorists to observe traffic signs, vehicles, and pedestrians, including but not limited to structures, signs, parked vehicles, or vegetation shall be allowed or permitted to remain in any zoning district between the heights of two and one-half feet (2 1/2') and eight feet (8') above the ground.
      2.   Driveway Openings: “Driveway openings” means the transition area from a public road or public street within a right-of-way or easement extending to a private property line for the purpose of allowing ingress and egress of vehicular traffic. With the exception of driveway openings that were in conformance with this Code at the time of their installation or modification and are permitted to continue as legal nonconforming uses, all driveway openings that are installed, altered, changed, replaced, or extended shall comply with the requirements set forth in this Chapter and be approved by the City prior to installation or modification. All driveway openings subject to this section shall satisfy the following requirements.
         a.   Pedestrian or Vehicular Traffic Hazards:
Driveway openings which contribute to or result in the creation of pedestrian or vehicular traffic hazards shall not be approved absent extenuating circumstances. The following factors shall be considered in determining whether a condition creates a pedestrian or vehicular traffic hazard:
            (1)   Obstructions to visibility at the intersection of a public street and proposed driveway.
            (2)   Traffic congestion and the risk of vehicular pedestrian conflicts at the intersection of a public street and proposed driveway.
            (3)   Multiple proposed driveway openings or added driveway openings combined with existing driveway openings which increase vehicular traffic conflict points in the public street.
         b.   Single-Family Residential Driveway Openings.
            (1)   Driveway openings shall not exceed:
               A.   Twenty (20) feet in width at single-family residences for off-street parking pertaining to accessory uses in conformance with Section 3-2-5.
               B.   The width of the garage or carport for covered parking (such as detached garage or carport).
               C.   Thirty (30) feet in width or the width of the garage or carport, whichever is greater, for attached parking, as measured at the street line, exclusive of curb returns or tapers; provided, no driveway opening shall conflict with the requirements set forth in Section B(3)(c), below.
            (2)   Driveways shall be designed with a minimum slope of 0.5% and a maximum slope of 14%. Slopes between 10% and 14%, inclusive, may be allowed under unique circumstances only if the developer/contractor can demonstrate a hardship which would make a slope less than 10% impractical.
         c.   For commercial and industrial uses, driveway openings shall not exceed forty-five feet (44') in width measured at the street line, exclusive of curb returns or tapers. However, in the event the City determines that public safety would best be served by a multiple lane driveway opening configuration, the City may approve a driveway opening greater than the maximum width prescribed in this section.
         d.   Driveway openings for vehicular entrances and exits to drive-in theaters, stadiums, racetracks, funeral homes and similar uses generating very heavy, periodic traffic conflicts shall be located not closer than two hundred feet (200') to any intersection or any pedestrian entrance or exit to or from a school, college, university, church, hospital, public emergency shelter or other place of public assembly.
      3.   Access:
         a.   Roadway Classifications: All roadway classifications shall be determined in accordance with the Transportation component of the City of Elko Master Plan.
         b.   Private Access: No direct private access shall be permitted to an existing or proposed right of way of any freeway, interstate highway, expressway, or controlled access arterial street without the written permission of the City or other governmental entity having jurisdiction over the location where the access is proposed.
         c.   Public or Private Access: Direct public or private access shall meet the minimum standards set forth in this section based on the applicable roadway classifications; provided: (1) the Nevada Department of Transportation (NDOT) shall be granted access through existing NDOT rights of way; and (2) NDOT may be granted access through property owned by the City; further provided, the City may, in its discretion, modify the minimum standards set forth in this section if the property owner demonstrates that physical site conditions and/or the location of existing rights-of-way render strict compliance impractical or impossible. Except as otherwise provided in this subsection, the following access standards shall apply based on the applicable roadway classification:
            (1)   The City may grant a private property owners access from a principal or major arterial street if there is no other reasonable access to the parcel, in which event access shall be restricted to right turns only and shall be located no less than three hundred fifty feet (350') from all other intersections and points of access. Access from principal or major arterial streets shall be shared with adjacent properties where feasible.
            (2)   Access from minor arterial streets shall be permitted so long as it is located no less than two hundred fifty feet (250') from intersections and other points of access. Access from minor arterial streets shall be shared with adjacent properties where feasible.
            (3)   Access to collector streets from residential parcels shall be permitted so long as the design does not force or encourage vehicles to back into streets, further provided the access is located no less than seventy five feet (75') from intersections and twenty five feet (25') from other points of access.
            (4)   Access to collector streets from nonresidential parcels shall be permitted so long as the access is located no less than one hundred fifty feet (150') from intersections and other points of access.
            (5)   Access to local streets from residential parcels shall be permittedso long as the access is located no less than thirty feet (30') from all other intersections and no less than ten feet (10') from other points of access.
            (6)   Access to local streets from nonresidential parcels shall be permittedso long as the access is located no less than fifty feet (50') from intersections and thirty feet (30') from all other points of access.
         d.   Points of Access, Driveways, and Parking Spaces: Except for single-family dwellings and two-family dwellings, point of access, driveway, and parking space location and design shall include a paved turning area that allows vehicles to turn around and travel into a public street. Except as provided above, under no circumstance shall any off street parking lot be so arranged or designed as to necessitate backing a vehicle into a public street.
         e.   Civil Improvements Required: All civil improvements required pursuant to the City Code (to include, without limitation, Title 8, Chapter 18, "Public Improvement Standards") shall be completed on the full frontage of the lot, parcel, or tract of real property prior to granting access to any City right- of-way or easement from the lot, parcel, or tract. Civil improvements shall satisfy the public improvement standards and requirements set forth in Chapters 3 and 5 of this Title as applicable, and shall satisfy all other applicable requirements of the City Code. All civil improvements must be approved by the City constructed by a properly licensed contractor, and certified by a properly licensed engineer.
         f.   Revocation of Access: Permission to access City rights-of-way or easements may be revoked if conditions identified in the approval of the civil improvement plans are not satisfied or if a person attempts to access City rights-of-way or easements without prior approval by the City following the submittal of civil improvement plans.
   4.   Traffic Counts: All developers shall provide calculations in accordance with the Institute of Traffic Engineers (ITE) "Traffic Generation Manual" for the anticipated traffic load created by the development. In the event the City determines that a proposed development is likely to create a traffic load exceeding one thousand (1,000) vehicles per day (vpd), or if the City determines that the resulting increase in traffic from a proposed development will likely decrease the level of service (LOS) of a roadway based on the current traffic counts on that roadway to an LOS of D or worse as determined in accordance with the "Highway Capacity Manual" and the AASHTO publication entitled "Geometric Design Of Highways and Streets", the developer shall complete and submit to the City a traffic study prior to submitting plans for civil improvements. The City may take the traffic study into consideration in approving or rejecting any civil improvement plans related to the proposed development.
   C.   General Off-Street Parking Regulations: In all zoning districts, off-street parking areas must be provided in accordance with the provisions of this section for: 1) new buildings, establishments, or uses of land; and 2) existing buildings, establishments, or uses of land which are extended, enlarged or altered.
      1.   Buildings, establishments, or uses of land established and in operation prior to June 12, 2002 that were in compliance with this Chapter on that date shall be exempt from the requirements of this section; provided, however, that whenever such buildings, establishments, or uses of land are extended, enlarged, modified, increased, or altered, off-street parking facilities shall be provided for the extended, enlarged, modified, increased or altered area in accordance with the provisions of this section; further provided, any extension, enlargement, modification, increase, or alteration of a building, establishment, or use of land shall be subject to any additional parking requirements contained in this Title or required by the City in accordance with the City Code, to include, without limitation, additional parking requirements contains in a conditional use permit.
      2.   No person required to provide off-street parking under this section may discontinue or reduce any existing required parking without first providing replacement parking in accordance with provisions of this section.
      3.   Except as otherwise provided in Subsection 4, below, required off- street parking spaces used in connection with any establishment or business which are located within any public street or right of way and thus, nonconforming with the requirements of this section, shall be deemed abandoned within ninety (90) days upon the automatic termination of the legal nonconforming use of parking caused by any one of the following events:
         a.   A change in use of any building or land owned, leased, or used by the establishment or business;
         b.   Any enlargement, expansion, or addition to any building owned, leased, or used by the establishment or business that is in excess of four hundred (400) square feet of gross floor area; or
         c.   The occupancy by the establishment or business of a building that has not been occupied or used for a period of at least twelve (12) consecutive months.
      4.   Parking spaces used in connection with an establishment or business that are located within any public street or right of way shall be automatically deemed abandoned unless the establishment or business obtains a revocable permit for use of the parking spaces from the City Council. In order to obtain any such revocable permit, the applicant must first present an application for a revocable permit to the Planning Commission for consideration. The recommendation of the Planning Commission must then be submitted to the City Council. If the City Council grants any such revocable permit, it may be granted subject to any terms or conditions required by the City Council which the City Council deems to be in the best interest of the City.
   D.   Location and Placement of Required Off-Street Parking:
      1.   General: Every part of every off-street parking facility shall be set back from every lot line a sufficient distance to assure that no part of any parked vehicle can project over the lot line.
      2.   Residential Uses:
         a.   In any residential zoning district other than the RMH-1 district, no required off-street parking space shall be located in a required front yard or side yard.
         b.   Required off-street parking shall be located on the same lot or parcel as the use it is intended to serve; provided, however, that:
            (1)   Parking for cooperative or condominium type multi-family dwellings, fraternities, sororities and rooming houses, may be provided in a parking lot not farther than two hundred feet (200') from the entrance to the dwelling unit it is intended to serve.
            (2)   Required parking for multi-family dwellings in excess of one space per dwelling unit may be located on a separate, abutting lot or parcel in a parking lot not more than three hundred feet (300') from the dwelling units it is intended to serve.
      3.   Nonresidential Uses:
         a.   Required off-street parking shall be located within three hundred feet (300') of the real property it is intended to serveas measured along the sidewalk from the nearest point of the building or structure to the nearest point of the parking lot; provided, however, that parking facilities for a stadium, auditorium, outdoor sports arena, or similar use, may be located not farther than one thousand three hundred feet (1,300') from the nearest point of such building or structure.
         b.   Every nonresidential parking lot abutting a residential district shall be set back a distance not less than the minimum required setback for abutting principal residential buildings in that residential district; for example, the parking lot setback must be equal to or greater than the interior side yard setback if abutting an interior side yard.
      4.   Documentation Required: Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as a part of an occupancy certificate satisfactory assurance that the separate lot or parcel is permanently committed to parking use by deed restriction or other enforceable legal measure.
   E.   Methods of Providing Required Off-Street Parking: Required off-street parking may be provided by any one or combination of the following methods:
      1.   By providing the required parking space on the same lot as the building or use being served.
      2.   By the collective provision of required parking for two (2) or more buildings or uses, whereupon the total of such parking shall be not less than the sum of the requirements for the several buildings or uses computed separately; provided, however, that if two (2) or more such buildings or uses have operating hours which do not overlap, the Planning Commission, upon appeal, may grant a reduction of the collective requirement based upon the special circumstances involved. A written agreement for joint use of such facilities shall be executed between the parties concerned and a copy shall be filed with the Planning Department and recorded with the County Recorder’s Office.
      3.   By securing the consent to use off-street parking facilities under another's ownership which are not otherwise used during the principal operating hours of the building or use in question; provided, however, that such consent shall be in written form and a copy shall be filed with the Planning Department and recorded with the County Recorder’s Office.
      4.   In any zoning district and for cause shown, the Planning Commission may waive all or any portion of an off-street parking requirement, provided such waiver does not conflict with the purpose and intent of this chapter. In conjunction with the review and consideration of a parking waiver, the City shall notify all adjacent property owners as listed on the County Assessor's records not less than ten (10) days prior to the date of the Planning Commission meeting. Any decision of the Planning Commission associated with a request to waive an off-street parking requirement may be appealed to the City Council. Application for parking waiver shall be filed with the Planning Department on a form provided for such purpose and shall include payment of a filing fee in an amount established by resolution of the City Council.
   F.   Schedule of Required Off-Street Parking: The minimum number of off- street parking spaces required for specific uses shall be determined according to the following schedule. Requirements for a specific use not listed shall be the same as those for the most similar use listed, or as required by the Planning Commission or the City Council.
Use
Minimum Spaces Required
Use
Minimum Spaces Required
Commercial recreation:
 
Billiard parlors
1 per 2 billiard tables, plus 1 per each 2 employees on the shift with the most employees
 
Bowling alleys
4 per bowling lane, plus 1 per each 2 employees on the shift with the most employees
 
Gymnasiums, health studios, private golf clubs, swimming pools, tennis clubs, and similar uses
1 per 400 square feet of usable floor area, plus 1 per each employee on the shift with the most employees
 
Skating rinks, dance halls, dance studios
1 per 3 persons of maximum capacity permitted by Building Code
Commercial sales and services:
 
Automobile/truck, mobile home, RV, boat, or trailer sales and service
1 per each 800 square feet of sales area for first 4,000 square feet, plus 1 per additional 2,000 square feet
 
Banks, credit unions
1 per 300 square feet of usable floor area
 
Barbershops, beauty shops
2 per service chair
 
Bus depot
1 per 150 square feet of waiting room space, plus requirements for auxiliary commercial uses as elsewhere listed
 
Car wash/wash line
1 per each employee on the largest shift, plus reservoir spaces equal to 5 times the capacity
 
Casino, gaming
1 per every 200 square feet of usable floor area, plus 1 space per employee
 
Childcare center
1 per every 10 students based on licensed occupancy, plus 1 per each employee on the shift with the most employees, plus 1 per each facility vehicle
 
Drive-through facility (bank, fast food, retail)
Requirements for uses elsewhere specified herein, plus stacking capacity for 5 vehicles. Drive-through lanes must be independent of access lanes required for parking space backup area and for general and emergency vehicle circulation
 
Furniture and appliance stores (sales and repairs)
1 per 800 square feet of usable floor area
 
Gas stations
1 per employee on the shift with the most employees
 
Gas stations with convenience stores
1 per 2 gasoline pumps
 
General Retail
1 per 300 square feet of usable floor area
 
Greenhouse, garden center
1 per 500 square feet of sales area for the first 2,000 square feet, plus 1 per additional 2,000 square feet
 
Large machinery/equipment sales or rental
1 per 800 square feet of gross area
 
Mortuaries, funeral homes
1 per 3 fixed chapel seats, or 1 per 50 square feet of assembly area, whichever is greater, plus 1 per employee, plus 1 per commercial funeral vehicle
 
Restaurants, bars, cocktail lounges
1 per 100 square feet of usable floor area, plus 1 per each employee on the shift with the most employees
 
Self-service laundries
1 per 4 machines
 
Supermarkets, drugstores
1 per 300 square feet of usable floor area
Hotels, motels:
 
Auxiliary uses, i.e., restaurants
1 per 100 square feet of usable floor area of dining room, bar, plus 1 per each 2 employees on the shift with the most employees
 
Commercial accessory use
1 per 400 square feet of usable floor area
 
Overnight guests
1 per guestroom, or suite, plus 1 per each 2 employees on the shift with the most employees
 
Convention/meeting rooms
1 per 6 fixed seats or 1 per 24 square feet of unfixed seating space
Institutional uses:
 
Hospitals
1 per 2 beds, plus 1 per each employee on the shift with the most employees, plus 1 per 225 square feet of auxiliary medical office floor area
 
Sanatoriums, children’s homes
1 per 5 beds, plus 1 per each employee on the shift with the most employees
Manufacturing and industrial uses
1 per 500 square feet of gross floor area, or 1 per each employee on the shift with the most employees, whichever is greater
Offices:
 
 
Medical and dental offices and clinics
1 per 225 square feet of usable floor area
 
Offices; professional, governmental
1 per 300 square feet of usable floor area
Places of public assembly:
 
 
Auditoriums, exhibition halls, theaters, convention facilities, meeting rooms
1 per 5 fixed seats, or 1 per 40 square feet of unfixed seating space, plus 1 per each 2 employees on the largest shift
 
Churches, for primary seating only
1 per 5 fixed seats, or 1 per 40 square feet of unfixed seating space, plus 1 per each 2 employees on the shift with the most employees
 
Library, art gallery, or museum
1 per 1,000 square feet of usable floor area
 
Movie theater
1 per 5 seats, plus 1 per employee on the largest shift
 
Social clubs such as Elks, Moose, VFW, etc.
1 per 200 square feet of usable floor area
 
Stadium, outdoor sports arenas
1 per 5 seats, plus 1 per each 2 employees on the shift with the most employees
Public and quasi-public uses:
 
 
Elementary schools
1 per 6 students
 
Golf course, open to public
4 per hole, plus 1 per each employee on the shift with the most employees
 
High schools
1 per 4 students, plus 1 per employee
 
Junior colleges, colleges and universities
1 per 3 enrolled full time day students, plus 1 per employee
 
Middle school/junior high school
1 per 10 students, plus 1 per employee
 
Trade schools, business colleges
1 per 150 square feet of gross floor area
Residential uses:
 
 
Mobile home parks and lodges
See mobile home parks, mobile home, manufactured home subdivisions and recreational vehicle (RV) parks (chapter 5 of this title)
 
Multiple-family dwellings (studio unit)
1 per dwelling unit
 
Multiple-family dwellings (1 and 2 bedroom unit)
1-1/2 per dwelling unit, plus 1 per 3 units for guest parking
 
Multiple-family dwellings (3 or more bedrooms)
2 per dwelling unit, plus 1 per 3 units for guest parking
 
Rooming houses, fraternities, sororities, resident clubs, lodges
1 per sleeping room or 1 per bed, whichever is greater
 
Senior citizen housing development
1 per unit, plus 1 per 5 units for guest parking
 
Single-family residence, duplex, triplex, fourplex
2 per dwelling unit
 
Townhouses, condominiums
2 per dwelling unit, plus 1 per 3 units for guest parking
Wholesaling and warehousing uses
1 per 1,700 square feet of usable floor area, or 1 per each employee on the largest shift, whichever is greater, plus 1 per company owned motor vehicle
All other uses not specifically listed
In accordance with the most recent applicable parking generation rates established by the Institute Of Transportation Engineers (ITE)
 
   G.   Parking Lot Design Standards: Design standards associated with secondary access, landscaping, lighting, and provision of snow storage and trash receptacle enclosure areas, are intended to apply to the development and construction of new parking lots and facilities.
      1.   Minimum Design Dimensions: The layout of every off-street parking lot shall conform to the following minimum standards:
 
Angle Of Parking
One-Way Access Lane Width
Two-Way Access Lane Width
Parking Space Width
Parking Space Length
90°
24 feet
24 feet
9 feet
20 feet
75° - 89°
22 feet
24 feet
9 feet
20 feet
54° - 74°
18 feet
22 feet
9 feet
20 feet
30° - 53°
15 feet
20 feet
9 feet
20 feet
Parallel
12 feet
20 feet
8 feet
23 feet
 
Parking which is adjacent to a building face, or which is adjacent to improvements such as landscaping and sidewalks located directly adjacent to a building face shall provide access for fire equipment and personnel in conformance with the fire code adopted in title 6 of this code.
      2.   Measurement of Existing Unmarked Lots: In measuring unmarked parking lots in use or operation on the effective date hereof, each parking space shall be considered to require a minimum of three hundred (300) square feet, inclusive of access lanes. For single-family, duplex, triplex and fourplex residential land uses, the square footage of each required parking space shall be not less than one hundred eighty (180) square feet (9 feet x 20 feet).
      3.   Secondary Access or Interior Turnarounds: Secondary access or interior turnarounds shall be provided for parking lots of ten (10) or more parking spaces, interior turnarounds shall also be designed in accordance with the currently adopted fire code set forth in title 6 of this code.
      4.   Driveways and parking areas shall be designed to include paved turnaround areas to prevent the use of striped parking stalls as turning areas and drive aisles for backing movements.
      5.   Landscaping: Five percent (5%) of any off-street parking lot of twenty (20) or more parking spaces shall be reserved for landscaping improvements, except for parking lots and facilities not directly associated with or serving adjacent commercial or industrial development. Where landscaping is required under other provisions of the City Code, landscaped areas in parking lots shall be considered in calculating landscaping requirements. Landscape areas should be distributed throughout the project site and should contribute to the screening and softening of the off-street parking lot. Landscape materials may include, but are not limited to, screen planting, lawn areas, trees, shrubs, fences and walls. Drought tolerant, low maintenance species in conjunction with decorative "hard surface" materials, such as, but not limited to, volcanic rock, gravel or stone are encouraged and may be utilized to fulfill landscape surface requirements.
         a.    For off-street parking lots of twenty (20) or more parking spaces, provision of the required five percent (5%) of landscaping may be accompanied by a five percent (5%) reduction in the amount of required parking spaces.
         b.   Parking spaces which abut and overhang a sidewalk exceeding seven feet (7') in width or a landscape planter area at least six feet (6') in width may reduce space lengths from the required twenty feet (20') to eighteen feet (18').
         c.   Selection and installation of plant materials shall be done with the intent to screen and soften rather than conceal in order to maintain visibility for facility security. Preference shall be given to the use of low lying ground cover and shrubs and the use of trees with elevated canopies over the selection and use of densely compacted trees and shrubs.
         d.   Planter areas should be distributed throughout the off street parking lot and are encouraged to be used as a traffic control device to promote safe orderly vehicular and pedestrian circulation within the off street parking lot.
         e.   It shall be the responsibility of the owner or developer to carry out this program and to provide maintenance and care as required to obtain the effect intended by the original plan.
         f.   Landscaping requirements contained in this chapter are not intended to supplement or compound landscaping provisions contained in other sections of this title.
         g.   The City shall not be responsible for maintenance, repair or replacement of any landscaping or related materials placed or constructed within the public right-of-way pursuant to this Section. No landscaping shall be constructed within the public right-of-way without a revocable permit issued by the City following any required approval by the City Council with the exception of public rights-of-way in which the City Council has granted administrative approval authority. Revocable permits may be granted with or without conditions.
         h.   No obstructions to visibility at any street intersection shall be located within a sight triangle determined in accordance with American Association of State Highway And Transportation Officials (AASHTO) publication of "A Policy On Geometric Design Of Highways And Streets", including any amendments thereto.
      6.   Snow Storage Areas: Snow storage areas shall be provided for parking lots of twenty (20) or more parking spaces. Landscape areas may be utilized to fulfill this requirement.
      7.   Lighting: Off-street parking areas shall satisfy the following lighting requirements: Eighty percent (80%) of the parking lot shall have a minimum illumination level of twenty five hundredths (0.25) of a foot-candle. Levels of illumination should be distributed throughout the parking lot.
      8.   Trash Receptacle/Dumpster Areas: Trash receptacle/dumpster areas, enclosed by a screen wall, shall be provided for parking lots directly associated with industrial, commercial or multiple-family residential development and which contain twenty (20) or more parking spaces.
      9.   Parking Lot Access:
         a.   Access from Alley: An alley may be used for principal access to any parking lot, and for direct access to parking spaces; provided, however, that every such alley shall be dedicated full width to the public, fully improved with an all-weather, dust free surface, and properly drained to prevent impoundment of surface water.
         b.   Access from Street: No entrance or exit to a parking lot shall be located closer than fifteen feet (15') to any abutting residential district without prior approval from the City.
      10.   Surfacing, Curb and Drainage: Every parking lot and parking access shall be:
         a.   Properly graded to prevent impoundment of surface water;
         b.   Surfaced with asphaltic concrete or cement concrete at least two inches (2") thick;
         c.   Parking spaces shall be clearly striped;
         d.   Continuous six inch (6") concrete curbs or a comparable alternative shall be installed around the perimeter of the paved parking area and as protection for planted areas, islands, and walls within the parking lot area. Noncontinuous curbing may be allowed in circumstances where perimeter planted areas are part of the approved storm runoff and drainage plan.
      11.   Required Screen Walls: Where the interior side lot line or rear lot line of a nonresidential parking lot abuts a residential district and is not separated therefrom by an alley, a solid, continuous screen wall not less than five feet (5'), nor more than six feet (6') in height above grade, shall be installed and maintained abutting the residential district line; provided, however, that such wall shall extend no closer to the street line than the minimum required setback for residential properties in the same block.
      12.   Plans Required for Off-Street Parking and Loading Spaces: Site plans are required for off-street parking and loading and shall show how the required parking and loading spaces are to be located and arranged on the site. In addition, such plans shall demonstrate safe and efficient internal circulation and traffic flow and show how drives and parking lots are to be graded and drained, as well as the location and design of all screen walls, landscaping and lighting. Such plans must be reviewed and approved by the Planning and Engineering Departments.
   H.   Park and Ride Facilities: Park and ride facilities shall satisfy the design standards set forth in subsection G of this section, unless specifically discussed in this subsection H, as follows:
      1.   Location: Park and ride facilities shall be located in either Light Industrial (LI) or General Industrial (GI) zoning districts and shall be located adjacent to roadways classified as commercial/industrial collector, arterial, or principal arterial in the City of Elko Master Plan.
      2.   Stand Alone Use: A park and ride facility shall be a stand-alone use located on a single parcel that does not contain any other use.
      3.   Area Requirements: Park and ride facilities shall be located on lots with a minimum lot size of three (3) acres and not more than fifteen (15) acres.
      4.   Lighting: Park and ride facilities shall satisfy the following lighting requirements: Fifty percent (50%) of the parking lot shall have a minimum illumination level of twenty-five hundredths (0.25) of a foot-candle. Levels of illumination must be distributed throughout the parking lot.
      5.   Trash Receptacle/Dumpster Areas: Every park and ride facility must contain at least one area, enclosed by a screen wall, for the placement of trash receptacles and/or dumpsters. There must be no less than one trash receptacle for every acre of a park and ride facility. The trash receptacle areas shall be evenly placed through the park and ride facility. In addition to the foregoing, trash receptacles shall be located at each bus loading zone and at least one enclosed dumpster must be placed in a location that can be accessed from a paved surface.
      6.   Traffic Study: All developers of new park and ride facilities shall provide calculations in accordance with the Institute of Traffic Engineers (ITE) "Traffic Generation Manual" for the anticipated traffic load created by the park and ride facility. In the event the city determines that a proposed park and ride facility is likely to create a traffic load exceeding two thousand (2,000) vehicles per day (vpd), or if the City determines that the resulting increase in traffic from a proposed park and ride facility will likely decrease the level of service (LOS) of a roadway based on the current traffic counts on that roadway to an LOS of D or worse as determined in accordance with the "Highway Capacity Manual" and the AASHTO publication entitled "Geometric Design Of Highways And Streets", the developer of the proposed park and ride facility shall complete and submit to the city a traffic study prior to submitting plans for civil improvements. The City may take the traffic study into consideration in approving or rejecting any civil improvement plans related to the proposed development.
      7.   Surfacing and Drainage: Every new park and ride facility shall:
         a.   Be properly graded to prevent impoundment of surface water;
         b.   Be surfaced with compacted type II road base with a minimum thickness of six inches (6");
         c.   Contain parking spaces which are clearly delineated either with striping on paved surfaces or with the use of parking bumpers on unmarked areas;
         d.   Contain asphaltic surfacing with a minimum thickness of two inches (2") over the route leading from each entrance into the parking lot for a minimum of forty feet (40'); and
         e.   Contain asphaltic surfacing with a minimum thickness of two inches (2") over the route intended for the loading and unloading of commuters on and off buses (if applicable).
   I.   Exceptions for Certain Multi-Family Residential Developments:
      1.   In the case of a multi-family residential development which contains five (5) or more units proposed to be occupied by elderly persons or individuals with disabilities, the Planning Commission may grant a twenty-five percent (25%) reduction in the required off-street parking.
   J.   Central Business District Regulations:
      1.   All principal permitted uses which are situated on property located within four hundred feet (400') of the Central Business District (CBD) public parking corridor, are exempted from providing required off street parking. Residential uses shall provide required off street parking in accordance with the provisions of this chapter.
         a.   Residential uses in a mixed-use building with no more than four (4) residential units located within two hundred (200) feet of the Downtown Parking Corridor are exempt from the requirement to provide off-street parking. All other residential uses shall provide the required off-street parking in accordance with the provisions of this Chapter.
      2.   Overnight parking in conjunction with occupancy of recreational vehicles within the Central Business District (CBD) public parking corridor shall be prohibited.
      3.   Parking of all unlicensed or unregistered vehicles within the Central Business District (CBD) public parking corridor shall be prohibited.
      4.   Parking of any type of trailer that is disconnected from the pulling vehicle within the Central Business District (CBD) public parking corridor shall be prohibited unless otherwise authorized by special event or other permit.
      5.   Within the Central Business District (CBD) public parking corridor, parking or storage of any properly licensed vehicle shall be temporary and limited to seventy-five (72) hours, unless an exemption is authorized pursuant to a special event permit or other permit issued in advance by the City.
      6.   It shall be unlawful for any person, including a business, to utilize the Central Business District (CBD) public parking corridor for the purposes of storing or parking a vehicle while shuttling employees or car-pooling to or from places of employment.
      7.   It shall be unlawful to store, park, or idle any semis with trailers within the Central Business District (CBD) public parking corridor.
      8.   Police officers are authorized to remove vehicles parked in violation of this Code from the Central Business District (CBD) subject to the provisions of this section.
      9.   Whenever any police officer determines that a vehicle is parked in violation of this Code, such officer may cause to be moved or remove such vehicle in any manner provided by law, or require the driver or person in charge of the vehicle to move the vehicle to a location or in such a manner as to render it no longer in violation.
      10.   Any police officer may cause to be removed any vehicle or part of a vehicle parked in violation of this Code, or may cause such vehicle to be removed, to the nearest garage or other location for storage if:
         a.   The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and/or the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle; or
         b.   The person driving or in actual physical control of the vehicle is arrested for any alleged offense providing that the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.
      11.   In any prosecution charging a violation of any provision of this subsection I, proof that the particular vehicle described in the complaint was found in violation thereof, together with proof that the defendant named in the complaint or citation was at the time of such complaint or citation the registered owner, owner or party in the care or custody of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner, owner or party in the care or custody of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
      12.   To the extent there should exist any actual conflict with other traffic laws of the City, the provisions of this subsection J shall be controlling concerning the parking of vehicles within the Central Business District (CBD) public parking corridor.(Ord. 864, 8-24-2021)

3-2-18: CONDITIONAL USE PERMITS:

It is the intent of this section to provide for the issuance of conditional use permits to allow for the specialized use within zoning districts of certain normal and complementary uses to that of the principal use of the zoning district.
   A.   General Regulations:
      1.   Certain uses of land within designated zoning districts shall be permitted as principal uses only upon issuance of a conditional use permit. Subject to the requirements of this chapter, other applicable chapters, and where applicable to additional standards established by the Planning Commission, or the City Council, a conditional use permit for such uses may be issued.
      2.   Any building, structure or use existing on the effective date of this chapter for the zoning district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by the zoning district, and its continuance shall not be subject to issuance of a conditional use permit; however, to the extent that such use fails to conform to the requirements of the zoning district, it shall be considered nonconforming and its continuance shall be governed by all nonconforming use regulations applicable thereto.
      3.   Conditional use permits for development or for the extension, enlargement or change of a nonconforming use or which are otherwise required under the terms of this chapter shall be transferable and shall run with the land upon the issuance of an occupancy permit signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied. The maintenance of special conditions imposed by the permits, as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner.
      4.   Every conditional use permit issued, including a permit for a mobile home park, shall automatically lapse and be of no effect one (1) year from the date of its issue unless the permit holder is actively engaged in developing the specific property to the use for which the permit was issued.
      5.   Every conditional use permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. However, the Planning Commission may approve the transfer of the conditional use permit to another owner. Upon issuance of an occupancy permit for the conditional use, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the conditional use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance or special conditions imposed by the permit, as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner.
      6.   Conditional use permits shall be reviewed from time to time by City personnel. Conditional use permits may be formally reviewed by the Planning Commission. In the event that any or all of the conditions of the permit or this chapter are not adhered to, the conditional use permit will be subject to revocation.
   B.   Conditional Use Permit Application Filing: Application for a conditional use permit shall be filed with the City Planning Department by the owner or lessee of the proposed building, structure or use, on forms furnished for the purpose; provided, however, that the owner must "approve" lessee's application. A filing fee shall be paid by the applicant to defray the costs for reviewing and reporting of the facts, in accordance with a fee schedule maintained by the City.
   C.   Conditional Use Permit Application Filing: The application shall be full and complete and shall be accompanied by a detailed site plan showing all information necessary to demonstrate that the proposed use will comply with special conditions as well as other regulations and requirements of this chapter. If the property is developed, the application shall include a site plan prepared by a properly licensed surveyor depicting the proposed conditional use permit site, drawn to scale and showing property lines, existing and proposed buildings, building setbacks, distances between buildings, parking and loading areas, driveways and other information needed to demonstrate that the proposed use will be compliant with this Code. If the property is not developed, the application shall include a site plan provided by a properly licensed design professional, drawn to scale and showing property lines, proposed buildings, building setbacks, parking and loading areas, driveways and other information needed to demonstrate that the proposed use will be compliant with this Code. In addition the applicant shall furnish the Planning Commission any additional information it may consider relevant to its investigation of the application.
   D.   Planning Commission Review And Investigation: The Planning Commission shall review the application and supporting data, and make such site inspections and other investigations as it deems necessary.
   E.   Planning Commission Findings And Actions: It is the express intent of this chapter that any use for which a conditional use permit is required shall be permitted as a principal use in the particular zoning district; provided, that all special conditions and requirements of this chapter are met. Therefore, the action of the Planning Commission shall be one of recommending approval or denial based upon its judgment as to whether the specific conditions have been or will be met. The Planning Commission may consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Planning Commission may make such suggestions it considers desirable and may provide guidance to the applicant in his preparation of application, plans, and data in such a manner as to satisfy the intent of this section. The Planning Commission shall make the final determination on the conditional use permits, subject to the right of appeal as set forth in section 3-2-25 of this chapter.
      1.   If the Planning Commission approves the application, it shall issue a conditional use permit setting forth all conditions and requirements governing such use, and shall make the approved site plan a part of the record of the case. Failure of the applicant to comply with the conditions and safeguards which are a part of the terms under which a conditional use permit is granted shall be deemed a violation of this chapter, and grounds for revocation of the conditional use permit.
      2.   If the Planning Commission finds that the application and supporting data does not indicate that all applicable conditions and requirements for a conditional use permit will be met, it shall deny the permit. Notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application.
      3.   At any time following receipt of notice of denial of application for conditional use permit, the applicant shall have the privilege of reactivating the case by making such modifications of proposal or plans or submitting such additional information, as the Planning Commission may have determined was required for approval, or shall have the right to appeal to the City Council as set forth in section 3-2-25 of this chapter.
   F.   Public Hearing Required: The Planning Commission shall first hold a public hearing prior to approval or denial of a conditional use permit other than a home occupation permit. Upon the filing of an application for a conditional use permit other than a home occupation, the City staff shall set the matter for hearing not later than thirty five (35) days thereafter. After the time and place have been established by the City staff, notice of the hearing shall be sent by mail at least ten (10) days before the hearing to the owners of the property within three hundred feet (300') of the exterior limits of the property involved as shown by the latest assessment roles of the City. Notice by mail to the last known address of the real property owners as shown by the Assessor's records shall be sufficient. Applications must be filed at least twenty (20) days before the Planning Commission hearing. Legal notice shall be placed in a newspaper of general circulation within the City at least ten (10) days prior to the date of the public hearing.
   G.   Conditional Use Permit For Home Occupation:
      1.   Every conditional use permit issued for a home occupation shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. Conditional use permits for home occupations are not transferable, do not run with the land, and must satisfy all other applicable requirements set forth in this Code.
      2.   All applications and application fees for home occupation conditional use permits, as established by resolution of the City Council, shall be filed with the Planning Department and reviewed to determine conformance with the criteria as set forth in subsection G3 of this section.
         a.   The City Planner or a duly authorized representative shall make a determination on the application no later than ten (10) days after receipt of a complete application.
         b.   All decisions of an application for home occupation shall be attested by the City Clerk, or a duly authorized representative. Any denial of an application by the City Planner or duly authorized representative shall include in writing the reason for such denial.
         c.   The decision to grant or deny a home occupation permit may be appealed by the applicant to the City Manager. A written appeal shall be filed with the City Clerk within ten (10) days of the date of the ruling. The City Manager shall make a determination on the appeal no later than ten (10) days after filing of the written appeal.
         d.   The decision of the City Manager may be further appealed to the City Council. A written appeal shall be filed with the City Clerk within ten (10) days of the ruling of the City Manager to the City Council for a final ruling. In the event of such an appeal, the notice requirements and procedures set forth in section 3-2-25 of this chapter shall be followed.
         e.   The City Council shall hear and consider evidence and form facts from any persons and shall consider written communications from any persons relative to the home occupation request. The City Council shall make a decision on the application after hearing all evidence and facts presented.
      3.   Permits issued for home occupation shall adhere to the following criteria:
         a.   Not more than one (1) home occupation is allowed in any dwelling unit.
         b.   The permitted use shall be confined to the dwelling unit and shall not include areas outside the dwelling unit, such as yards or accessory structures.
         c.   Only natural persons who are occupants of the permitted dwelling unit may be permittees; provided, nothing herein shall prevent a permittee from being affiliated with a business association or other entity that is not a natural person in connection with the home occupation.
         d.   No employee, other than the permittee or other occupants of the permitted dwelling unit, shall be permitted to report to work or perform work related to the home occupation in the permitted dwelling unit.
         e.   Permittees shall not allow more than five (5) customers or other business invitees to enter the permitted dwelling unit to examine or purchase goods or services on any single day. The foregoing prohibition applies to promotional events and business related parties at the permitted dwelling unit. The foregoing prohibition does not apply to or limit transaction conducted by telephone or over the internet.
         f.   No forms of advertising related to the home occupation may be placed on the exterior of the dwelling unit or in a location visible from a public street, sidewalk or alley. This prohibition includes, without limitation, yard signs or signs visible from windows.
         g.   No addition, alteration or remodeling that changes the residential character of the dwelling unit shall be permitted in connection with a home occupation.
         h.   The home occupation shall not generate additional vehicular traffic at the or in the vicinity of the permitted dwelling unit that is measurably in excess of that normally associated with the residential use.
         i.   No home occupation which produces noise, odors, dust, smoke or electrical disturbances or in any way interferes with the quiet, peace, and enjoyment of surrounding residential uses shall be permitted.
         j.   The appearance of the property upon which the home occupation is permitted shall be maintained in a clean and orderly manner.
         k.   There shall be no commercial delivery of products or materials to or from the property upon which the home occupancy is permitted more than once every two (2) days or through the use of vehicles with three (3) or more axles.
         l.   A permittee may park or use no more than one (1) motor vehicle in connection with a home occupation on the property subject to the conditional use permit; provided, in no event shall the permittee utilize on-street parking for the aforementioned motor vehicle; further provided, the permittee must comply with all off-street parking requirements as set forth in section 3-2-17 of this chapter. The foregoing parking restrictions do not limit permitted nonconforming uses allowed under section 3-2-19 of this chapter.
      4.   Home occupation permits may be periodically reviewed at the discretion of the City Planner or its designee in order to ensure compliance with the terms and conditions of the home occupation permit and the provisions of this section. In the event a permittee violates the terms and conditions of the home occupation permit or the provisions of this section, the City Planner or its designee may suspend or revoke the permit. The decision of the City Planner or its designee may thereafter be appealed to the City Council. The notice requirements and procedures set forth in section 3-2-25 of this chapter apply to and shall be followed for an appeal of a decision by the City Planner or its designee to suspend or revoke a home occupation permit. (Ord. 818, 4-25-2017)

3-2-19: NONCONFORMING USES:

   A.   Permitted: A use lawfully existing on the effective date of enactment of this chapter or any amendment to this chapter, but which is not in accordance with the provisions and requirements currently contained in this chapter, shall be known as a nonconforming use and, if not abandoned, may be allowed to continue; provided, however, that such nonconforming uses may not be extended, enlarged or changed to other nonconforming uses, except by variance or conditional use permit.
   B.   Uses Included: A nonconforming use is a property use which existed lawfully on the effective date of the enactment of this chapter or any amendment to this chapter, but which is no longer in accordance with the provisions and requirements contained in this chapter, and has been continued and not abandoned since becoming inconsistent with the requirements of this chapter. Nonconforming uses are not limited to, but may include and consist of the following:
   A nonconforming use of property, such as any commercial, industrial or residential use not listed as a principal, permitted use within the existing underlying zoning district; nonconforming structures or buildings such as any building or structure that is noncompliant with area, height or setback requirements of the existing underlying zoning district; and nonconforming development standards, such as noncompliant off street parking, including:
      1.   Quantity of spaces;
      2.   Paving;
      3.   Security lighting; and
      4.   Landscaping.
   C.   Nuisance Declared: It shall be unlawful for any person to continue a nonconforming use of any kind in any zoning district established by this chapter more than one (1) year after its passage when such nonconforming use has been declared to constitute a nuisance or to be detrimental to public health, safety or welfare by a majority vote of the City Council. The City Council shall have written notice served on the person last known to be the owner of the property on which such nonconforming use exists or which constitutes a nonconforming use. The written notice shall order the nonconforming use to be discontinued within one (1) year thereafter. If the owner does not reside in the City at the time, the notice may be mailed to the person by registered mail at the last known address. This subsection shall not be construed as limiting the right of the City of any person to abate a nuisance under any existing laws or ordinances.
   D.   Abandonment or Discontinuance: A nonconforming use of a building or land which is operationally abandoned or discontinued for a period of twelve (12) consecutive months or more shall be considered abandoned and shall not be resumed. Nonconforming buildings which have been damaged or destroyed by natural calamity may be repaired or reconstructed within one (1) year from the date of damage, so long as the repaired building is appropriate for the previous use. In considering whether a use is abandoned, the City may consider one or any combination of the following factors:
      a.   Failure to maintain regular business hours that are typical or normal for the use;
      b.   Failure to maintain equipment, supplies or stock-in-trade that would typically be present in the building or on the land for the active operation of the use;
      c.   Failure to maintain utilities that would typically be required for the active operation of the use;
      d.   Failure to pay taxes, including but not limited to sales tax, workers' compensation taxes or business taxes that would be required for the active operation of the use;
      e.   Failure to maintain required local, state or federal licenses or other approvals, to include business licenses, that would be required for the active operation of the use; and/or
      f.   Other indicia of abandonment, such as the presence of a nuisance. (Ord. 861, 5-25-2021)

3-2-20: ENFORCEMENT:

The provisions of this chapter shall be enforced by the building inspector as the City Council so direct.
   A.   Duties Of Building Inspector: The building inspector shall:
      1.   Receive and examine applications for and issue zoning compliance certificates and occupancy permits;
      2.   Make such inspections of buildings, structures and premises as are necessary to enforce the provisions of this chapter;
      3.   Revoke any zoning compliance certificate or occupancy permit wherein he may have erroneously authorized a use not permitted in the district or a structure which does not meet the regulations of this chapter, whereupon such permit shall be void; and
      4.   Carry out the orders of the city council and/or the planning commission issued in accordance with the provisions of this chapter.
      5.   Under no circumstances shall the building inspector:
         a.   Grant exceptions to the actual meaning of any clause, order or regulation contained in this chapter;
         b.   Make changes in or vary the terms of this chapter.
   B.   Zoning Compliance Certificates Required: It shall be unlawful to commence any excavation for, or erection, alteration, enlargement, extension or moving of, any building or structure, or part thereof, or to change or extend the use of any lot, or to change the use or type of occupancy of any building or structure, except as may be provided elsewhere in this chapter until a zoning compliance certificate for such action has been issued by the building inspector. It shall also be unlawful to change the type of use on any lot on which there is a nonconforming use, until the building inspector has issued a zoning compliance certificate for such intended use. Accessory buildings or structures, when proposed for erection at the same time as the principal building and included on the application therefor, shall not require a separate certificate. No zoning compliance certificate shall be issued except in conformity to the provisions of this chapter, and by written order of the city council.
      1.   Applications:
         a.   Applications for zoning compliance certificates shall be filed with the building inspector on forms provided for the purpose. In cases where a building permit is also required by the city building code, application for a zoning compliance certificate shall be made coincidentally with application for building permit. In all other cases, it shall be made prior to the date when a new or enlarged use of a building or premises, or part thereof, is intended to begin.
         b.   When the building inspector receives an application for a zoning compliance certificate for a use which requires a permit from the city council, such application, together with all supporting data, shall be transmitted by the building inspector to the planning board and the city council.
         c.   When the building inspector receives an application for a zoning compliance certificate for a use which required a conditional use permit, or for which site plan approval by the planning commission is required, such application shall be transmitted to the planning commission and a zoning compliance certificate shall not be issued by the building inspector until the planning commission and the city council have approved the site plans.
      2.   Site Plan Required: Application for zoning compliance certificates shall be accompanied by site plans, which shall be filed in the building inspector's office, showing the following and any such additional information as may be required to assure conformity of the proposed building, structure or use to the provisions of this chapter:
         a.   Legal description of the property by township, range and section coordinates, and by metes and bounds, or if the property is a part of a recorded plat, by name, book and page number of plat and lot number or parcel designation;
         b.   Name, address and telephone number of the property owner of the person who prepared the site plan;
         c.   Dimensions of all lot and property lines showing the relationship of the property to abutting properties; boundaries of all lots or parcels under separate ownership contained therein, or abutting thereon;
         d.   Precise location, dimensions, height and use of all buildings and structures existing on the property;
         e.   Location, alignment and right of way width of all streets, alleys and utility easements existing in or abutting the property;
         f.   Location and dimensions and number of spaces contained in all existing and proposed off street parking lots and loading areas;
         g.   Location, right of way width and alignment of all proposed public streets, alleys and utility easements in or abutting the site, and location and width of all access drives to the property from public streets;
         h.   Precise location, size and height of all buildings and structures proposed to be erected or altered;
         i.   Proposed uses of buildings, structures and land, including the number of dwelling units, amount of usable floor area, etc.; and
         j.   Any additional information required to show how all special regulations pertaining to the proposed use are to be met.
      3.   Site Plans For Part Of Complex: In the case of an application for a zoning compliance certificate for any part of a building complex or use of land, which complex or use is proposed to be completed at a later date, a preliminary site plan drawn to scale for the entire complex or use shall be submitted for approval in addition to and at the same time as the submission of detailed site plans required above. Such preliminary site plans shall show how the part for which a zoning compliance certificate is sought will be related to the part(s) to be constructed at a later date.
      4.   Site Plan Review And Approval: All site plans, except those submitted as part of an application for a conditional use permit, a special use permit, a temporary use permit, or indicated as requiring planning commission approval, shall require review and approval by the building inspector prior to issuance of a zoning compliance certificate. If site plans are found to be deficient or require modification in any respect to meet the requirements of this chapter, the building inspector shall call in the applicant and/or the person preparing the plan for clarification of site plan requirements and regulations pertaining to the particular use.
      5.   Issuance Of Zoning Compliance Certificates:
         a.   If review of the application and site plan indicates that the proposed use will meet all requirements and comply with all regulations pertaining thereto, the building inspector shall, within ten (10) days after receipt of the application, issue a zoning compliance certificate to the applicant.
         b.   If, in the opinion of the building inspector, the proposed use will not meet all requirements and comply with all regulations pertaining thereto, he shall within ten (10) days after receipt of the application, refuse to issue a zoning compliance certificate. When a certificate is refused, the building inspector shall so inform the applicant in writing stating his reasons for refusal, and shall retain a copy of the action in his files.
         c.   The building inspector shall return one copy of submitted site plans to the applicant marked either "approved" or "disapproved" and attested by his signature. The second copy of plans, similarly marked and signed, shall be retained in the files of the building inspector.
         d.   A zoning compliance certificate shall remain in force until the building, structure or use has been completed and an occupancy permit has been issued therefor. All buildings must be completed within two (2) years from the date of issuance of the occupancy permit.
      6.   Site Plan Revisions: From time to time, before or during the course of construction, the person holding a zoning compliance certificate may request and the building inspector may approve minor revisions of an approved site plan; provided, however, that such revisions shall not propose any change in standards nor reduce the degree of compliance with any requirements of this chapter. All such revisions shall be approved in writing by the building inspector and a complete record of such action shall be filed in his office.
   C.   Occupancy Permits: It shall be unlawful to use or occupy, or permit the use or occupancy of, any building or structure, or any change or extension of a use of land, unless and until an occupancy permit has been issued therefor by the building inspector.
      1.   Issuance Of Occupancy Permits: Within five (5) regular workdays after receipt of notice that the building, structure or premises, or part thereof, has been completed and is ready for use of occupancy, the building inspector shall make a final inspection thereof to determine whether construction has been completed in conformity with provisions of this chapter. If he finds construction in conformity, he shall issue an occupancy permit to the owner of the building, structure or premises.
      2.   Temporary Occupancy Permits: The building inspector may issue a temporary occupancy permit for a part of a building, structure or use prior to completion of the entire building, structure or use; provided, that such part has been completed in conformity with all provisions of this chapter and is considered safe and suitable for use or occupancy. Such temporary occupancy permit shall then remain in force until the entire building, structure or use has been completed and inspected, and an occupancy permit has been issued therefor. (Ord. 256, 4-11-1978; amd. Ord. 274, 5-22-1979)

3-2-21-A: AMENDMENTS TO ZONING DISTRICT BOUNDARIES:

The city council may change the boundaries of any zoning district by ordinance. The change may be initiated by the city council or the planning commission on the motion of either body, or by application by one or more owners of real property within the area proposed to be changed.
   A.   Application for Change of District Boundaries:
      1.   An application for a change of district boundaries submitted by an owner of real property within the area proposed to be changed shall be filed with the planning department on a form provided for that purpose. Any such for shall be rejected if not complete. The application shall contain the following information: a map of the area depicting the area to be changed with a statement of the proposed zone change, as follows: area to be change from “x” to “y”; (LI to R, for example); a plot plan depicting existing conditions that have been surveyed by a properly licensed surveyor, to include: property lines, existing buildings, building setbacks, distances between buildings, parking and loading areas, driveways and other existing construction or improvements on the subject property; a complete legal description of the boundary, including area to the center line of the street(s), of the proposed zone change and a statement of the existing and proposed zoning of the property, including a brief summary of the intent of the proposed zone change.
      2.   If the property to be rezoned is adjacent to a public right-of-way, the proposed zone change must go to the center of the corresponding right-of-way.
      3.   Except as provided below, at the time the application is filed, the applicant shall pay a filing fee in an amount established by resolution of the city council.
      4.   No part of the filing fee shall be refunded once paid.
      5.   Notwithstanding the above, no filing fee shall be required if the applicant is a governmental entity.
   B.   Planning Commission Stage:
      1.   Notice of Hearing:
         a.   The City Council or, is authorized by the City Council, the planning commission or planning department, shall set a date for a public hearing on any application to change district boundaries within forty-five (45) calendar days of the date the application is filed. In addition to any applicable notice requirements contained in Chapter 241 of the Nevada Revised Statutes, notice of the time, date and place of the hearing shall be published at least once in a newspaper of general circulation in the city at least ten (10) calendar days prior to the hearing date. The notice shall include a legal description and a physical description or map of the property proposed to be rezoned, and a statement of the existing and proposed zoning of the property, including a brief summary of the proposed zone change.
         b.   In addition to publication of the notice of the hearing, a notice shall be sent by mail at least ten (10) calendar days before the hearing to the following:
            (1)   The applicant;
            (2)   Each property owner, as listed on the county assessor's records, of real property located within three hundred feet (300') of the exterior boundary of the property being considered for the zone change;
            (3)   The owners, as listed on the county assessor's records, of at least thirty (30) parcels nearest to the exterior boundary of the property being considered for the zone change;
            (4)   Each tenant of a mobile home park if the park is located within three hundred feet (300') of the exterior boundary of the property being considered for the zone change; and
            (5)   Any advisory board which has been established by the city council for the affected area or any area within three hundred feet (300') of the exterior boundary of the property being considered for the zone change.
      2.   Hearing Before the Planning Commission: At the public hearing on the application, the planning commission shall review the proposed change to the district boundaries and shall hear evidence offered by the applicant and persons having an interest in the change, if any.
      3.   Planning Commission Action: After the conclusion of the public hearing on the application but prior to consideration by the city council, the planning commission shall file a written report with the city council recommending either that the application should be granted as requested, granted subject to conditions, or denied. The planning commission's written report 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 city council in accordance with this subsection shall be deemed a recommendation by the planning commission to grant the application without conditions.
   C.   City Council Stage:
      1.   Adoption of Zone Change by Ordinance: All changes to zoning district boundaries shall be made by ordinance.
      2.   First Reading: After the city council receives the planning commission's recommendation on the application, a date shall be set for a first reading of the proposed ordinance to change the zoning district boundaries. At the first reading, the city council shall consider the planning commission’s recommendation, and shall hear comments from the applicant (if any) and any persons in interested in the proposed zone change. The first reading shall comply with Section 2.110(1) of the City Charter. At the first reading, the city council may approve or reject the planning commission’s recommendation in whole or in part. The city council may also take any of the following actions:
         a.   Approve the proposed zoning ordinance;
         b.   Place conditions on the proposed zoning ordinance;
         c.   Modify the proposed zoning ordinance; or
         d.   Disapprove the proposed zoning ordinance in its entirety.
      3.   Second Reading:
         a.   If the city council approves any or all of the proposed zoning ordinance at the first reading, with or without modifications or conditions, the proposed ordinance shall proceed to a second reading. The second reading shall be a public hearing that satisfies the requirements of NRS 278.260, including notice requirements, and that complies with Section 2.110(2) of the City Charter.
         b.   At the conclusion of the second reading, the city council shall either approve the zoning ordinance as approved at the first reading (subject to minor technical or nonsubstantive revisions, or the removal of conditions that have been satisfied) or shall disapprove the zoning ordinance in its entirety.
         c.   The failure of an applicant for a zoning change to satisfy conditions imposed by the city council in the proposed ordinance adopted at the first reading may be grounds for disapproval at the second reading.
         d.   The city council may enact a zoning ordinance even if the applicant has not satisfied conditions in the proposed zoning ordinance adopted at the first reading. Alternatively, the city council may table the second reading to the next meeting, and to subsequent meetings thereafter, for the purpose of allowing an applicant to satisfy conditions.
         e.   The city council may rescind approval of any zoning change for any reason permitted by law, to include the failure of an applicant to satisfy conditions bearing a substantial relationship to the future use of the land, so long as no person has acquired a vested right in reliance on the zoning change; provided, any such rescission shall promote the public health, safety, morals or general welfare, and shall encourage the most appropriate use of the land.
      4.   Limitation on Reconsideration of Denied Application: In the event an application to change district boudaries is denied by the city council, the city council shall not reconsider an application to change the same district boundaries, or any part thereof, within a period of one (1) year from the date of the city council’s decision. (Ord. 861, 5-25-2021)

3-2-21-B: AMENDMENTS TO ZONING REGULATIONS:

The city council may amend Title 3, Chapter 2 of the Elko City Code (hereinafter the "zoning regulations" by ordinance, subject to the provisions of this section. The amendment may be initiated by the city council or the planning commission on the motion of either body. If the proposed amendment is initiated by the planning commission, the planning commission shall file a written report with the city council containing a description of the proposed amendment and the reasons therefor. If the proposed amendment is initiated by the city council, the proposed amendment shall be presented to the planning commission, which shall then provide a recommendation to the city council. The city council may thereafter amend the zoning regulations by ordinance in accordance with Sections 2.090, 2.100 and 2.110 of the Elko City Charter. (Ord. 861, 5-25-2021)

3-2-22: VARIANCES:

The planning commission shall hear and decide variances from regulations and requirements and all matters referred to it or properly of concern in the administration of this chapter. All actions of the planning commission shall be limited to administrative actions only in order to ensure the intent and purpose of this chapter shall apply in special cases as herein defined. Any action that has in effect changed the uses or overall density permitted in any zoning district of this chapter shall be deemed a violation of their powers and be of no force and effect; however, the planning commission may recommend to the city council that an amendment of this chapter be considered, in accordance with procedures specified in this chapter for amendments. (Ord. 256, 4-11-1978)
   A.   City Planner, Powers And Duties: The city planner shall submit to the planning commission a written report of his findings on each application for variance.
   B.   Procedure: Any person requesting a variance by the planning commission shall include:
      1.   The provision or regulations of this chapter from which the property or building is sought to be excepted.
      2.   A legal description of the property involved.
      3.   Plot plans showing the location of all existing and proposed buildings.
      4.   Elevations of all proposed buildings or alterations in sufficient detail to meet the requirements of the planning commission.
      5.   Evidence of the ability and intent of the applicant to proceed with actual construction in accordance with submitted plans within one year of the date of approval of the variance.
      6.   Filing fees shall be deposited in accordance with procedures adopted by the city.
   C.   Application Requirements: Each such application shall be signed by the owner of the land and/or buildings affected by, or by his acknowledged agent. In order for the planning commission to grant a variance, adequate evidence demonstrating conformance to the following criteria shall be presented by the applicant:
      1.   There are special circumstances or features, i.e., unusual shape, configuration, exceptional topographic conditions or other extraordinary situations or conditions applying to the property under consideration.
      2.   The special circumstance or extraordinary situation or condition results in exceptional practical difficulties or exceptional undue hardships, and where the strict application of the provision or requirement constitutes an abridgment of property right and deprives the property owner of reasonable use of property.
      3.   Such special circumstances or conditions do not apply generally to other properties in the same zoning district.
      4.   The granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public interest, health, safety and general welfare.
      5.   The granting of the variance will not substantially impair the intent or purpose of the zoning ordinance or effect a change of land use or zoning classification.
      6.   The granting of the variance will not substantially impair affected natural resources. (Ord. 474, 8-13-1996)
   D.   Hearing:
      1.   Notice: Upon the filing of an application, the city staff shall set the matter, not later than thirty five (35) days thereafter, for a public hearing. After the time and place have been established by the city staff, the city shall send, by mail, notice of such time and place and purpose of hearing, at least ten (10) days before the hearing to the owners of property within three hundred feet (300') of the exterior limits of the property involved, as shown by the latest assessment rolls of the city. Notice by mail to the last known address of the real property owners, as shown by the assessor's records, shall be sufficient. Applications must be filed at least twenty (20) days before the planning commission hearing on the variance. Legal notice shall be placed in a newspaper of general circulation within the city at least ten (10) days prior to the date of the public hearing. The planning commission shall comply with Nevada Revised Statutes chapter 241 "notice requirements" in calling the meeting. (Ord. 367, 10-14-1986)
      2.   Evidence: The planning commission shall hear and consider evidence and facts from any person at the public hearing, or shall consider written communications from any person relative to the variance. The right to present such evidence shall not be denied because of nonrequirements of notification as herein stipulated. (Ord. 362, 4-9-1985)
   E.   Findings: The planning commission shall, within thirty (30) days from the date of the hearing, return a decision. Any decision of the planning commission to grant a variance shall adhere to variance criteria as set forth in subsection C of this section. Whenever the planning commission denies a variance, written notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application. Failure to render such a decision shall be deemed approval of the application. (Ord. 474, 8-13-1996)
   F.   Conditions: The planning commission, in approving any variance, may require conditions under which the lot or parcel may be used or the buildings constructed, which in the planning commission's opinion will prevent material damage or prejudice to adjacent properties. Any such conditions as required must be complied with and violation of the same shall result in revocation of the permission granted by variance. Further use shall constitute a violation of this chapter and shall be punishable as herein provided. All variances shall carry the following conditions: (Ord. 256, 4-44-1978)
      1.   Commencement within one year and completion within eighteen (18) months. (Ord. 474, 8-13-1996)
      2.   Conformance to plans approved as a part of the variance.
      3.   Subject to review in two (2) years if determined necessary by the planning commission.
   G.   Rehearing: Not later than five (5) days after the planning commission renders its decisions, the applicant, or any person who was notified at the hearing or who appeared and testified or presented written testimony at the original public hearing, may apply for rehearing. As a basis for the request for rehearing, such petition shall set forth in detail new facts or conditions not previously known or considered. Applications for a rehearing shall be accompanied by a fee prior to rehearing. Said fee shall be set by the city council.
   H.   Appeal: The applicant or any person or entity with standing shall have a right to appeal any decision made by the planning commission, in regard to an application for a variance, to the city council as set forth in section 3-2-25 of this chapter. (Ord. 256, 4-11-1978)

3-2-23: VIOLATIONS AND PENALTIES:

   A.   Violations: Any structure upon which construction is started, or any structure which is altered, enlarged or repaired, or any use of land which is begun or changed after enactment of this chapter, and which is in violation of any of its provisions, may be declared a nuisance. Any court of competent jurisdiction may order such nuisance abated and the owner or agent in charge of such building or premises shall be adjudged guilty of maintaining a nuisance. Any person who violates any provision of this chapter, the owner of any structure or land or part thereof, and any person, architect, builder, contractor, plumber or agent employed in connection therewith, who has assisted knowingly in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof, be liable to the penalties herein provided.
   B.   Penalties: Any person violating any provisions of this chapter shall, upon conviction, be punished as provided in title 1, chapter 3 of this code. Each day that a violation is wilfully permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter. (Ord. 256, 4-11-1978)

3-2-24: REPEAL AND SAVING CLAUSE:

Ordinance 78 and all amendments thereto are hereby repealed. All rights or remedies of the city are expressly saved as to any and all violations of ordinance 78 and all amendments thereto. As to all violations that have accrued to the effective date of this ordinance, the court shall have all the powers that existed prior to the effective date of this ordinance. All existing violations of ordinance 78 and all amendments thereto, which may otherwise become nonconforming uses under this ordinance, are hereby declared to be violations of this ordinance in the same manner that they were violations of ordinance 78. (Ord. 256, 4-11-1978)

3-2-25: APPEALS:

   A.   Time Limit; Fee: Any decision of the planning commission or any other person appointed or employed by the city who is authorized to make administrative decisions regarding the use of land, may be appealed in writing to the city council by any person aggrieved by such a decision. All appeals shall be filed, in writing specifying with particularity the grounds for appeal, with the city clerk no later than ten (10) calendar days after the decision. Appeals shall include payment of a filing fee in an amount established by resolution of the city council and a statement therein of the reasons why the decision should be amended, modified or reversed. All appeals, once filed, may not be withdrawn from consideration and decision by the city council. The city council shall hear and render a decision on any properly made appeal within sixty (60) calendar days after the city clerk has received the written appeal.
   B.   Hearing:
      1.   On appeals of planning commission decisions granting or denying conditional use permits or variances, the city council shall hold a public hearing prior to rendering any decision. After the time and place for the public hearing has been established by the city clerk, notice of the hearing shall be sent by mail at least ten (10) calendar days before the hearing to the appellant, applicant, property owner, property owners located within three hundred feet (300') of the exterior boundaries of the property involved, and any person who presented oral or written testimony, if any, before the planning commission. Said hearing notice shall also be published one time in a newspaper of general circulation at least ten (10) calendar days before the hearing.
      2.   On appeals of all other decisions regarding the use of land, the city clerk shall give notice of the time and place of the hearing by mailing a notice of hearing at least ten (10) calendar days prior to the hearing to the appellant, applicant, property owner, and any other person who presented oral or written testimony.
      3.   The procedures pursuant to which the city council will hear an appeal are as follows:
         a.   The appellant shall be first to provide comment and present the grounds for appeal.
         b.   Other persons shall be given an opportunity to speak and provide comment.
         c.   The city may respond to appellant's appeal, after which appellant may present any rebuttal argument or evidence.
         d.   Appellant and the city are entitled to be represented by counsel, present testimony, evidence and argument on all issues raised on appeal.
         e.   The city council may, if it appears helpful to a clear understanding of the issues, consider evidence or other matters not raised at the planning commission level or with the administrative officer.
   C.   Conduct Of Hearing; Decision: The city council shall consider all evidence presented to the planning commission or administrative officer at the original hearing, including oral and written testimony, and any recommendations and findings of the planning commission or administrative officer as shown by the official record, and may affirm, modify or reverse the decision of the planning commission or administrative officer. In reviewing a decision on an appeal, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in Nevada Revised Statutes section 278.020. Decisions of the city council shall be considered the final decision for the purpose of judicial review.
   D.   Judicial Review: Any person who:
      1.   Has appealed a decision to the city council in accordance with this section; and
      2.   Is aggrieved by the decision of the city council, may appeal that decision to the fourth judicial district court, in and for the county of Elko, state of Nevada, by filing a petition for judicial review within twenty five (25) days after the date of filing of notice of decision with the city clerk. (Ord. 577, 12-11-2001)

3-2-26: AGREEMENTS CONCERNING DEVELOPMENT OF LAND:

   A.   Intent: This section applies only to developments of five (5) acres or more in the aggregate or residential subdivisions with twenty five (25) or more lots. The purpose of this section is to provide a mechanism for the development of land which permits the developer to rely on existing city code provisions and obtain limited deviation from city code requirements, while ensuring that the city will receive certain commitments from developers consistent with the overall intent of the applicable zoning codes.
   B.   Application: Upon application of any person having a legal or equitable interest in land, the city may enter into an agreement with that person concerning the development of that land.
      1.   Applications to enter into agreements concerning the development of land must be filed with the city clerk. Applications shall be filed on a form provided for such purpose and shall be complete.
      2.   Applications shall include payment of a filing fee in an amount established by a schedule adopted by resolution of the city council and filed in the office of the city clerk.
   C.   Content And Form Of Agreements: At a minimum, agreements concerning the development of land shall include the following:
      1.   A description of the land which is the subject of the agreement.
      2.   The duration of the agreement.
      3.   The permitted uses of the land.
      4.   The density or intensity of use of the land.
      5.   The maximum height and size of proposed buildings.
      6.   Any provisions for the dedication of any portion of the land for public use.
      7.   Provide for a period of time within which construction must commence and provide for an extension of that deadline.
   D.   Commitments And Safeguards: The following commitments and safeguards shall apply to any agreement concerning the development of land:
      1.   Unless the agreement otherwise provides, or permits or requires a deviation from an otherwise applicable city code requirement, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.
      2.   Entering into an agreement concerning the development of land does not prohibit the city from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made. However, any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.
      3.   An agreement may include provisions which supersede limitations on time for action on tentative or final maps or for presentation and recordation of a final map or series of final maps.
   E.   Procedure: Consideration of an agreement concerning the development of land by the planning commission:
      1.   The planning commission shall set a date for public hearing of the application to enter into an agreement concerning the development of land. Such public hearing shall be held after a public notice of time, date and place of such hearing has been given in accordance with any requirements of Nevada Revised Statutes. Such notice shall include a legal description of the land which is the subject of the agreement, a statement of existing zoning and current use of the property, and a general description of the proposed content of the agreement.
      2.   Within forty (40) days after the conclusion of the public hearing, the planning commission shall file a written report containing the commission's recommendation to the city council, which shall include a finding of conformance or nonconformance with the master plan.
      3.   Upon receipt of the planning commission's recommendation to the city council, the council shall set a date for public hearing of the matter concerning the agreement for the consideration of the city council, subject to the same notice requirements contained within this section.
      4.   At the conclusion of the public hearing, or within thirty (30) days thereafter, the city council may, if it finds that the provisions of the agreement are consistent with the master plan, approve the agreement by ordinance.
      5.   Within a reasonable time after approval of the agreement, the city clerk shall cause the original agreement and a certified copy of the local ordinance adopting the agreement to be filed with the county recorder for record. Upon recordation, the agreement binds all parties and their successors in interest for the duration of the agreement.
   F.   Amendment Or Cancellation:
      1.   The agreement for development of land may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest, except that if the governing body determines, upon a review of the development of the land held at least once every twenty four (24) months, that the terms or conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.
      2.   Notice of intention to amend or cancel any portion of the agreement shall be subject to any notice requirements required by Nevada Revised Statutes. The governing body, after conducting a public hearing, may approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. The original of the amendment must be filed for recording with the county recorder. (Ord. 753, 7-10-2012)

3-2-27: OPERATION OF FACILITIES UTILIZING EXPLOSIVES:

   A.   Conditional Use Permit Required: Operation of a facility where an explosive, or other similar substances listed in Nevada Revised Statutes section 459.3816 will be used, manufactured, processed, transferred or stored, shall first obtain a conditional use permit therefor from the city council.
   B.   Application; Hearing: An application for a conditional use permit must be filed with the planning commission. The planning commission shall, within ninety (90) days after the filing of an application, hold a public hearing to consider the application.
   C.   Notice Requirements:
      1.   The planning commission shall, at least thirty (30) days before the date of the hearing, cause notice of the time, date, place and purpose of the hearing to be sent by mail to or, if requested by a party to whom notice must be provided pursuant to this subsection, by electronic means if receipt of such an electronic notice can be verified, to:
         a.   The applicant;
         b.   Each owner or tenant of real property located within one thousand feet (1,000') of the property in question;
         c.   The property owner, as listed on the county assessor's records, of each of the thirty (30) separately owned parcels nearest the exterior boundary of the property in question, to the extent this notice does not duplicate the notice given pursuant to subsection C1b of this section;
         d.   If a mobile home park or multiple-unit residence is located within one thousand feet (1,000') of the property in question, each tenant of that mobile home park or multiple-unit residence;
         e.   Any advisory board that has been established for the affected area by the governing body;
         f.   The administrator of the division of environmental protection of the state department of conservation and natural resources;
         g.   The state fire marshal; and
         h.   The administrator of the division of industrial relations of the department of business and industry; and
      2.   The notice required by subsection C1 of this section must:
         a.   Be written in language that is easy to understand;
         b.   Include a physical description or map of the property in question and a description of all explosives, and all substances that will be located at the facility; and
         c.   Be published in a newspaper of general circulation within the city or county in which the property in question is located.
   D.   Consideration By Planning Commission:
      1.   In considering the application, the planning commission shall consult with:
         a.   Local emergency planning committees, if any;
         b.   The administrator of the division of environmental protection of the state department of conservation and natural resources;
         c.   The state fire marshal;
         d.   The administrator of the division of industrial relations of the department of business and industry; and
         e.   The governing body of any other city or county that may be affected by the operation of the facility; and
      2.   The planning commission shall consider fully the effect the facility will have on the health and safety of the residents of the city, county or region.
   E.   Recommendation: The planning commission shall, within a reasonable time after the public hearing, submit to the governing body its recommendations for any actions to be taken on the application. If the planning commission recommends that a conditional use permit be granted to the applicant, it shall include in its recommendations such terms and conditions for the operation of the facility as it deems necessary for the protection of the health and safety of the residents of the city, county or region.
   F.   Hearing; Decision: The governing body shall, within thirty (30) days after the receipt of the recommendations of the planning commission, hold a public hearing to consider the application. The governing body shall:
      1.   Cause notice of the hearing to be given in the manner prescribed by subsection C of this section; and
      2.   Grant or deny the conditional use permit within thirty (30) days after the public hearing. (Ord. 577, 12-11-2001)

3-2-28: HILLSIDE DEVELOPMENT REGULATIONS AND GUIDELINES:

   A.   Purpose: It is the intent of this section to recognize that certain areas of the city are characterized by steep terrain, native vegetation, natural drainage courses and other physical features, and to establish standards of development for these areas that help to protect the public health, safety and welfare by minimizing potential for erosion, sedimentation, flooding and landslides, while at the same time protecting and enhancing the visual quality of the city's natural landscape. Specific regulations and guidelines are intended to address the following:
      1.   To protect the public and property from hazards and problems associated with storm water runoff, flooding and erosion.
      2.   To minimize the threat and consequential damage of landslides in hillside areas.
      3.   To minimize the threat and consequential damage of fire in hillside areas.
      4.   To control and minimize the infestation of noxious weeds into the community and outlying neighboring areas.
      5.   To control and mitigate dust and other nuisances that may have adverse affects on neighboring properties and the air quality of the community.
      6.   To provide for safe and efficient pedestrian and vehicular access and circulation, including transportation linkages to outlying areas.
      7.   To enhance the visual and aesthetic quality of the city through the use of grading, revegetation and development techniques that help to improve the appearance of slopes exposed to roadways, preserve prominent natural features and vistas and provide for adequate open space in hillside areas.
      8.   To offer, promote and encourage a variety of alternative development designs and concepts appropriate for hillside areas.
   B.   Definitions:
   AVERAGE SLOPE: Average slope shall mean and be determined by the use of the following formula:
         AS = .00229 (I) (L)
          A
      AS = Average slope in percent.
      .00229 = The conversion factor of square feet to acres.
      I = Contour interval in feet. The contour interval may not exceed ten feet (10').
      L = Summation of the length of all contour lines, in feet, within the parcel.
      A = Total number acres in the parcel.
   BUILDABLE LOT AREA: That portion of land within a lot or development site, exclusive of building setback area, and manufactured or natural slope area in excess of thirty percent (30%) gradient.
   CAP: A concrete or cement feature placed on top of a wall that promotes watershed and limits infiltration of water into concrete cells.
   CLEARING: The removal of vegetation and topsoil or other surface materials from a site.
   CONSTRUCTION: Any grading or clearing of land, installation of improvements, erection or placement of structures, or assembly of equipment or materials to be used in any of those activities.
   CUT: The removal of earth material by artificial or mechanical means.
   DEVELOPMENT: Any construction or any division of land.
   EROSION: The process whereby soil particles are detached and transported by water, wind, ice or gravity.
   EXCAVATION: The mechanical removal of earth material.
   FILL: The deposit of earth material by artificial or mechanical means.
   GRADIENT: The vertical rise of a slope over a horizontal distance, expressed as a percentage (rise over run).
   GRADING: Any excavating, cutting, filling or other earth moving operation.
   HILLSIDE AREA: Any parcel having an average slope of fifteen percent (15%) or greater.
   IMPERVIOUS SURFACE: Roads, buildings, tennis courts, roofs, driveways, patios, decks, parking lots and other similar water shedding surfaces.
   MANUFACTURED SLOPE: Any slope created through cut, fill or excavation and which is steeper than 5:1.
   NATURAL SLOPE: The form of the land surface within a hillside area as it exists before clearing or grading.
   NATURAL VEGETATION: Plant materials which exist on the site before clearing or grading.
   OPEN SPACE: Land area which is not covered by buildings, parking lots, accessory structures or other similar impervious surfaces.
   RETAINING WALL HEIGHT: The vertical height as measured from the lowest finished grade to the top of the retaining wall.
   REVEGETATION: The stabilization of disturbed or graded soils after construction by replanting with indigenous plant species or other drought tolerant, low water consumptive plant materials appropriate for the climatic zone.
   RUNOFF: That part of precipitation which flows over the land without filtering into the soil.
   SEDIMENTATION: The process of depositing soil particles detached and transported by erosion.
   SLOPE: A natural slope or manufactured slope steeper than 5:1.
   C.   Development Standards:
      1.   Slopes Adjacent To Streets And Roadways:
         a.   Manufactured slopes shall not be steeper than 3:1.
         b.   Maximum continuous slope height shall not exceed twenty feet (20'). Continuous slope heights may be broken by bench areas having a minimum horizontal dimension of not less than ten feet (10'); and provided said bench areas are placed within the middle one-third (1/3) of the slope.
         c.   Retaining wall heights shall not exceed ten feet (10').
         d.   No slope or retaining wall may be placed or constructed in a street right of way.
         e.   No retaining wall may be placed or constructed within a public utility, access or drainage easement which abuts a public street right of way.
         f.   Slopes five feet (5') or less in height shall observe a two and one-half foot (21/2') setback from the back edge of sidewalk. Slopes greater than five feet (5') in height shall observe a five foot (5') setback from the back edge of sidewalk.
         g.   Retaining walls adjacent to streets and roadways must be capped with an architecturally compatible concrete or cement material.
         h.   Guard railings, when required by the uniform building code, shall be installed on the top of any retaining wall.
         i.   All manufactured slopes adjacent to streets and roadways shall be subject to an erosion control and revegetation program.
      2.   Other Interior Slopes:
         a.   Manufactured slopes shall not be steeper than 2:1.
         b.   Maximum continuous slope height shall not exceed thirty feet (30'). Continuous slope heights may be broken by bench areas having a minimum horizontal dimension of not less than fifteen feet (15'); and provided said bench areas are placed within the middle one-third (1/3) of the slope.
         c.   Retaining wall heights for walls abutting interior property lines shall not exceed six feet (6'). Retaining wall heights for other walls shall not exceed twenty feet (20').
         d.   Retaining walls greater than six feet (6') in height shall observe an interior property line setback equivalent to the height of the retaining wall.
         e.   The toe of any slope shall observe an interior property line setback equivalent to one-half (1/2) of the height of the slope.
         f.   The top of any slope shall observe an interior property line setback equivalent to one-fifth (1/5) of the height of the slope.
         g.   All manufactured interior slopes shall be subject to an erosion control and revegetation program.
      3.   Lot Dimensions:
         a.   For all residential zoning districts subject to a six thousand (6,000) square foot minimum lot size or greater, a minimum buildable lot area of three thousand (3,000) square feet shall be required.
         b.   For hillside area subdivisions, minimum residential lot size shall be ten thousand (10,000) square feet, exclusive of any manufactured slope area contained within the lot.
         c.   For hillside area subdivisions, minimum interior side yard setbacks shall be ten feet (10').
      4.   Exceptions:
         a.   Manufactured slopes intended and designed to be located within a public street right of way and associated with the construction or widening of the roadway or other related public improvements.
         b.   Minor deviations from maximum manufactured slope heights associated with rounding, meandering or blending tops or bottoms of slope sections with adjacent ungraded areas.
      5.   Modification Of Standards: Regulations contained within this section may be varied or modified by the planning commission, where just cause and circumstance warrants, in conjunction with a review of a conditional use permit, subdivision preliminary plat, final plat or an application for site plan review, pursuant to subsection 3-2-3C6 of this chapter.
   D.   Erosion Protection, Slope Stabilization, Slope Revegetation: Any development requiring a grading permit shall be required to submit a specific area restoration and landscape plan to address erosion, slope stabilization and revegetation for the review and approval of the engineering and planning departments.
      1.   Slopes Adjacent To Streets And Roads:
         a.   Landscaping improvements shall be required to include the following material: ground cover consisting of plant material, appropriate seed mix or landscape rock, gravel or comparable material; shrubs, consisting of not less than one minimum two (2) gallon sized planting for each fifty (50) square feet of slope area; trees consisting of not less than one minimum fifteen (15) gallon sized planting for each one thousand (1,000) square feet of slope area. (Note: Tree plantings may be clustered.)
         b.   Installation of permanent irrigation system.
         c.   Slope revegetation permanently established.
      2.   Interior Slopes:
         a.   Installation of appropriate seed mix with jute mat, or installation of rip rap, landscape rock, gravel or comparable material.
         b.   Satisfy uniform building code requirements for paved interceptor drains and terrace swales.
         c.   Drains down the face of slopes are to be discouraged; but, if used, are to include rip rap or concrete three feet (3') wide by one foot (1') deep, or other acceptable means. Thickness and size of rip rap or concrete is to be based on water velocity.
         d.   Application of seed mix during fall months (September through December) with or without installation of an irrigation system.
         e.   Slope revegetation permanently established.
      3.   Nonslope Areas Affected By Clearing, Grading Or Excavation In Excess Of One Acre:
         a.   Installation of native grass mix (crested wheat).
         b.   Installation of temporary irrigation system or application of seed mix during fall months (September through December) without installation of irrigation system.
         c.   Revegetation permanently established on affected areas.
      4.   Performance Guarantee:
         a.   Revegetation of slopes and other areas affected by clearing, grading or excavation are considered permanently established when more than fifty percent (50%) of area coverage has been achieved.
         b.   Revegetation of slopes and other areas affected by clearing grading or excavation must be permanently established in accordance with one of the following time frames:
            (1)   Prior to final occupancy of the building or premises.
            (2)   Within two (2) years after issuance of final occupancy of the building or the premises subject to execution of a performance agreement with the city to include bonding or other form of security to guarantee completion of the required work.
            (3)   Prior to final certification of grading compliance.
            (4)   Within two (2) years after completion of grading activity subject to execution of a performance agreement with the City to include bonding or other form of security to guarantee completion of the required work.
   E.   Development Guidelines: The following items are recommended guidelines and standards to help achieve the purpose of this section:
      1.   Locate property lines at tops of slopes, when feasible.
      2.   Vary steepness of the slope.
      3.   Meander tops and toes of slopes.
      4.   Round and blend top and bottom sections of slopes with adjacent ungraded area.
      5.   Lay back top one quarter section of the slope.
      6.   Use of terracing and retaining or slough walls when appropriate.
      7.   Establish thirty foot (30') fire protection zone surrounding all combustible structures in hillside areas.
      8.   Fire protection zones should include fire resistant landscaping and/or hardscape material.
      9.   Increase side yard building setbacks in hillside subdivisions to fifteen feet (15').
      10.   Minimize steepness of slopes adjacent to streets as a means of improving access for emergency and fire personnel.
      11.   Recommend and encourage the installation of drought tolerant, low maintenance ground cover, shrubs and trees in combination with installation of a permanent drip type irrigation system to promote low water usage. (Ord. 579, 2-26-2002)

3-2-29: MARIJUANA ESTABLISHMENTS AND MEDICAL MARIJUANA ESTABLISHMENTS PROHIBITED:

   A.   Notwithstanding any other provision of this Code, marijuana establishments and medical marijuana establishments are not allowed, and shall be unlawful as a permitted use, conditional use or accessory use in any zoning district within the incorporated area of the City of Elko. For purposes of this section, the term "marijuana establishment" shall have the definition ascribed to it in Nevada Revised Statutes 453D.030, as amended from time to time, and the term "medical marijuana establishment" shall have the definition ascribed to it in Nevada Revised Statutes 453A.116, as amended from time to time.
   B.   The prohibitions of marijuana establishments and medical marijuana establishments, respectively, are not intended to interfere with the individual rights of persons to the lawful use and possession of marijuana as permitted by chapters 453A and 453D of the Nevada Revised Statutes. (Ord. 825, 2-13-2018)

3-2A-1: TITLE:

This article shall be known and may be cited as the ELKO SEXUALLY ORIENTED BUSINESS ZONING ORDINANCE. (Ord. 439, 4-12-1994)

3-2A-2: DEFINITIONS:

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   ACCESSORY SEXUALLY ORIENTED USE: A. The offering of retail goods for sale which are classified as sexually oriented business uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.
   B.   Dancing or live entertainment characterized by an emphasis on the presentation of "specified sexual activities" or "specified anatomical areas", if such live entertainment is only presented as an occasional activity of the business operation.
   C.   Occasional activity as used in connection with an accessory sexually oriented use means dancing or live entertainment characterized by an emphasis on presentation of "specific sexual activities" or "specified anatomical areas" if such live entertainment is only presented as an occasional activity of the business operation as herein regulated.
   PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
   PRINCIPAL SEXUALLY ORIENTED USE: The offering of goods and/or services which are classified as sexually oriented business uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:
   A.   Sexually Oriented Adult Video And/Or Adult Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".
   B.   Sexually Oriented Barbershop: Any barbershop which is licensed to cut hair, but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, videocassettes, slides or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".
   C.   Sexually Oriented Beauty Salon: Any beauty salon which is licensed to cut hair, or hairstyling or manicuring, but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".
   D.   Sexually Oriented Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas".
   E.   Sexually Oriented Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas".
   F.   Sexually Oriented Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   G.   Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation talk or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   H.   Sexually Oriented Health/Sport Club: A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   I.   Sexually Oriented Hotel Or Motel: A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
   J.   Sexually Oriented Massage Parlor, Health Club Or Studio: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   K.   Sexually Oriented Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
   L.   Sexually Oriented Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
   M.   Sexually Oriented Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image reproducing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".
   N.   Sexually Oriented Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
   O.   Sexually Oriented Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
   P.   Sexually Oriented Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   Q.   Sexually Oriented Soda Pop Or Nonalcoholic Beverage Clubs: A night club, bar, restaurant or other commercial establishment that does not serve alcoholic beverages but features sexual exhibits or displays:
1. Persons who appear in a state of nudity or seminude; or
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".
   R.   Sexually Oriented Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".
   SEXUALLY ORIENTED BUSINESS USES: Sexually oriented business uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, "soda pop" or nonalcoholic beverage club, adult barbershops, adult beauty salons, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Nevada Revised Statutes section 201.235 et seq., are not included. As used in this article, for zoning purposes, "sexually oriented business uses" do not include houses of prostitution which are zoned, licensed, controlled and operated under title 4, chapter 9 of this code.
   SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola; and
   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism; or
   B.   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or
   C.   Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or
   D.   Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
   E.   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restrain of any such persons; or
   F.   Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
   G.   Human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 439, 4-12-1994)

3-2A-3: ZONING OF SEXUALLY ORIENTED BUSINESS USES:

   A.   General: "Sexually oriented business uses", as defined in section 3-2A-2 of this article, shall be subject to the following general provisions:
      1.   Activities classified as obscene as defined in Nevada Revised Statutes section 201.235 et seq., are not permitted and are prohibited.
      2.   Sexually oriented business uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes.
      3.   Principal sexually oriented business uses, except sexually oriented cabarets, nightclubs or bars, shall be prohibited from locating in any building which is also used to dispense or consume alcoholic beverages.
      4.   A sexually oriented business use which does not qualify as an accessory use shall be classified as principal sexually oriented use.
   B.   Principal Sexually Oriented Uses:
      1.   A person commits an offense if that person operates or causes to be operated a principal sexually oriented business in any zoning district other than the areas zoned light industrial, general industrial or restricted commercial, as defined and described in the general zoning ordinance, chapter 2 of this title.
      2.   A person commits an offense if the person operates or causes to be operated a principal sexually oriented business in a light or general industrial zoned district within one thousand feet (1,000') of:
         a.   A church; or
         b.   A public or private elementary or secondary school; or
         c.   A public or private daycare center, preschool, nursery, kindergarten or similar use; or
         d.   A public park.
This distance restriction does not apply to the location of a sexually oriented business in a restricted commercial zoned district.
      3.   A person commits an offense if the person operates or causes to be operated a principal sexually oriented business in a light or general industrial zoned district within five hundred feet (500') of any existing single- or multiple-family dwelling structure. This distance restriction does not apply to the location of a sexually oriented business in a restricted commercial zoned district.
      4.   For the purposes of subsections B2 and B3 of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, a public or private elementary or secondary school, a public or private daycare center, preschool, nursery, kindergarten or school bus stop or similar use, or to the nearest boundary of an affected public park, residential district or residential lot. The presence of city, county or other political boundaries shall be irrelevant for purposes of calculating and applying the distance requirements of this article.
      5.   Any principal sexually oriented business that fails to comply with subsection B1, B2 or B3 of this section on the date of the adoption hereof, but which was lawfully operating before this article took effect, shall not be deemed to be in violation of this article when this article takes effect and shall be deemed a nonconforming use. Any such nonconforming use may be allowed to continue; provided, however, that such a nonconforming use may not be extended, enlarged or altered and may not be changed to any other nonconforming principal sexually oriented business use.
It shall be unlawful for any person to continue any such nonconforming use more than one year after its passage when such nonconforming use has been declared to constitute a nuisance or to be detrimental to public health, safety or welfare by a majority vote of the city council. This section shall not be construed as limiting the right of the city or any person to abate a nuisance under any existing laws or ordinances.
A nonconforming sexually oriented business use which is operationally abandoned or discontinued for a period of six (6) consecutive months or more shall be considered abandoned and shall not be resumed.
      6.   A principal sexually oriented business lawfully operating is not rendered in violation of this article by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district or residential lot within one thousand feet (1,000') or five hundred feet (500'), whichever is applicable, of the principal sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has been revoked or not renewed.
      7.   Principal sexually oriented business uses shall, in addition to other sign requirements established by this code, also adhere to the following sign regulations:
         a.   Sign messages shall be generic in nature and shall only identify the type of business which is being conducted.
         b.   Shall not contain material classified as advertising as to building content or activities.
         c.   Shall comply with the requirements of size and number for the district in which they are located.
   C.   Accessory Sexually Oriented Business Uses And Location Thereof:
      1.   Accessory sexually oriented business uses shall:
         a.   Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located and comprise no more than twenty percent (20%) of the gross receipts of the entire business operation; and
         b.   Not involve or include any activity except the sale or rental of merchandise; or
         c.   Not involve any dancing or live entertainment characterized by an emphasis on the presentation of "specified sexual activities" or "specified anatomical areas", unless such live entertainment is only presented as an occasional activity of the business operation. To qualify as an accessory sexually oriented business use, said activity or event shall be limited to no more than ten (10) consecutive days taking place at minimum thirty (30) day intervals following a similar activity or event and such activities or events occurring no more than four (4) times within a calendar year.
      2.   Accessory sexually oriented business uses shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:
         a.   Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operation.
         b.   Magazines: Publications classified or qualifying as sexually oriented business uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
         c.   Other Uses: Accessory sexually oriented business uses not specifically cited shall comply with the intent of this section subject to the approval of the chief of police.
      3.   Accessory sexually oriented business uses shall be prohibited from both internal and external advertising and signage of sexually oriented materials and products.
      4.   Accessory sexually oriented business uses activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted.
      5.   A person commits an offense if that person operates or causes to be operated an accessory sexually oriented business use in any zoning district other than the areas zoned light industrial, general industrial, general commercial, convenience commercial or restricted commercial, as defined and described in the general zoning ordinance, chapter 2 of this title. (Ord. 439, 4-12-1994)

3-2A-4: INJUNCTION:

A person who operates or causes to be operated a sexually oriented business use without having a valid permit due to locational restrictions is subject to a suit for injunction as well as prosecution for the criminal violation. Such violation shall be punishable by a fine of one thousand dollars ($1,000.00) and/or thirty (30) days' imprisonment, and if an injunction must be sought, attorney fees and costs will be assessed at the discretion of the court against the sexually oriented business use. (Ord. 439, 4-12-1994)

3-2A-5: EXEMPTION FROM LOCATION RESTRICTIONS:

   A.   Request: If the city denies the issuance of a license to an applicant because the location of the sexually oriented business use is in violation of section 3-2A-3 of this article, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the city clerk a written request for an exemption from the locational restrictions of section 3-2A-3 of this article.
   B.   Hearing: If the written request is filed with the city clerk within the ten (10) day limit, the city council shall hear and consider the request. The city council shall set a date for the hearing within sixty (60) days from the date the written request is received.
   C.   Conduct Of Hearing: The city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
   D.   Findings: The city council may, in its discretion, grant an exemption from the locational restrictions of section 3-2A-3 of this article if it makes the following findings:
      1.   The location of the proposed sexually oriented business use will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; and
      2.   The location of the proposed sexually oriented business use will not downgrade the property values or quality of life in the adjacent areas or encourage the development of blight; and
      3.   The location of a sexually oriented business use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any efforts of neighborhood renewal or restoration; and
      4.   All other applicable provisions of this article and the city code will be observed.
   E.   Validity Of Exemption: If the city council grants the exemption, the exemption is valid for two (2) years from the date of city council action. Upon the expiration of an exemption, the sexually oriented business use is in violation of the locational restrictions of section 3-2A-3 of this article until the applicant applies for and receives another exemption.
   F.   Reapplication Upon Denial: If the city council denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the city council action. (Ord. 439, 4-12-1994)