The provisions of this title shall be subject to the following general regulations, special requirements and exceptions. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

Nothing in this title shall limit or interfere with the temporary use of any property as a public voting place. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

The height limitations of this title shall not apply to such features as chimneys, church spires or flagpoles. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

A use lawfully established in conformance to the conditions of a use permit issued prior to the effective date of this title may be continued in conformance to said conditions, subject to any applicable provisions of this title. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

In order to secure minimum basic provision for light, air, privacy and safety from fire hazards, every building hereafter constructed shall be upon a lot which provides for the yards specified for the district in which it is located, and the following shall control:

   (A)   Rear And Side Yards: Every required rear yard shall extend across the full width of the lot adjacent to the rear lot line. Every required side yard shall extend along the side lot line from the front yard, or if there be no front yard shall extend from the front lot line to the rear lot line. The depth of the required rear yard and the width of the required side yard shall be measured inward from and at right angles to the lot line.

   (B)   Front Yards: Every required front yard shall extend across the full width of the lot adjacent to the front lot line. The depth of the required front yard shall be measured inward from and at right angles to the front lot line.

   (C)   Mapped Streets: Whenever a future width line, established in accordance with the General Plan of the County to indicate the proposed opening or widening of any thoroughfare traverses any property, the required depth of a front yard or of an exterior side yard shall be measured inward from such established future street line. Where a street or portion thereof has been established but not dedicated, and the said street is generally held open for public use, even though not shown upon the General Plan, the Planning Commission shall establish the street lot lines, based on existing use of such street, and the required yard shall be measured inward therefrom.

   (D)   Front Yard Exceptions: The depth of front yards may be reduced as herein specified; provided, that the exceptions shall not be constructed to permit any building to extend over an established future street line or an established front lot line.

      1.   A building on a lot between two (2) lots in which existing buildings extend into the required front yard, shall be provided with a front yard not less in depth than the average of that provided on the said adjacent lots;

      2.   Where the nonconforming front yard exists on only one side of a lot, the building thereon may project into the required front yard by one-half (1/2) the distance of the extended portion of the building on the adjacent lot;

      3.   Where five (5) or more contiguous lots fronting on the same street are developed under concurrent building permits issued to the same builder, the required depth of front may be met by yards of varying depth whose average depth is not less than the minimum specified for the district; provided, that the maximum reduction so allowed shall not exceed twenty percent (20%) of the requirements, and further that any increased front yard depth over and above twenty percent (20%) of the requirement shall not be included in the calculation of the average.

   (E)   Permitted Projection Into Yards: The following features of a building may project into a required yard to the extent specified:

      1.   Cornices, eaves or other architectural features which do not increase the volume enclosed by the building may project, but not to exceed two feet (2');

      2.   An uncovered stair, landing or porch which does not extend above the level of the ground floor, except for a protective railing, may project not more than six feet (6') into a front or rear yard, and not more than three feet (3') into a required side yard, but shall not be less than thirty inches (30") from any side lot line. (Ord. 1975-A, 3-5-75, eff. 4-1-75)

   (A)   Accessory Uses: An accessory use is permitted in any district, subject to the limitations set forth in this Title, when located on the same lot as a lawfully existing principal use to which it is incidental and subordinate. No use shall be deemed to be an accessory use which increases the number of dwelling units on any lot beyond that permitted in the district.

   (B)   Swimming Pools: A swimming pool is a permitted accessory use in any district; provided, however, that no swimming pool shall be located in a required front yard or be nearer than three feet (3') to any fence or building wall. All swimming pools shall be enclosed in order to prevent a public nuisance by a fence, hedge or wall, subject to the approval of the Planning Commission.

   (C)   Accessory Buildings: No detached accessory building shall be located within five feet (5') of any building or have a height in excess of fifteen feet (15'). Except as otherwise specifically provided in the regulations for "R" Districts, no accessory building shall occupy any part of a required yard. No accessory building in an "R" district shall be within five feet (5') of the side line of the front half of an abutting lot, or occupy the front half of a lot or either front quarter of a through lot unless it is distant at least seventy five feet (75') from any street lot line. On a corner lot which abuts a key lot, no accessory building shall be nearer the street than a distance equal to one-half (1/2) the depth of front yard required on the key lot. Where an accessory garage is accessible to vehicles from an alley, it shall be located not less than thirty feet (30') from the opposite side of the alley. (Ord. 1975-A, 3-5-75, eff. 4-1-75; amd. Ord. 1993-U, 1-6-94, eff. 1-24-94)

Where mobile homes are allowed pursuant to the provisions of this Title, all mobile homes shall be skirted with material of a similar nature and appearance, and have the same fire resistance rating as the exterior of the home. (Ord. 1993-U, 1-6-94, eff. 1-24-94)

   (A)   Fences, Walls and Hedges: Fences, walls and hedges as regulated herein may occupy any yard area. Except as otherwise provided, no fence, wall or hedge shall have a height in excess of six feet (6'). No fence, wall or hedge in a required front yard, in the required street side yard of a corner lot or in that part of the rear yard or a corner lot which abuts the required front yard of a key lot shall have a height in excess of three and one-half feet (31/2'). The term "wall" as used in this Section shall not be deemed to apply to the wall of a building or to the supporting portion of a retaining wall.

   (B)   Exceptions to Height Limitations: The limitations of subsection (B) shall not apply where a greater height is required by any other ordinance or is allowed by a variance or specified in connection with the authorization of a conditional use. A protective fence enclosing any public property or an open area for games or a swimming pool shall not be subject to said limitations, if constructed of wire or steel mesh capable of transmitting at least ninety percent (90%) light.

   (C)   Measurement of Height: The height of a fence, wall or hedge shall be measured from the finished level of the ground beneath it on the premises required to provide it. Where the fence or hedge rises directly above a retaining wall along a lot line, or above, parallel with and within four feet (4') of such a wall, the permitted height of a fence not required by this Title shall be reduced by one-half (1/2) the height of the supporting portion of the retaining wall, but in no case to less than three feet (3'). (Ord. 1975-A, 3-5-75, eff. 4-1-75)

   A.   This Title shall not be construed to prohibit the following temporary uses in any district:

      1.   A temporary building or use necessary and incidental to the construction of a building or group of buildings, when located in the same or abutting property and only during the period of construction.

      2.   A temporary sign placed upon the premises prior to an election by the owner or occupant for the sole purpose of advocating the election of a declared candidate for public office or relating to an election proposition on the ballot.

      3.   The open air sale of Christmas trees during the Christmas season in any C, A or M district.

   (B)   Temporary Uses, Conditional: The following temporary uses are conditional uses in the specified districts, and shall be permitted only if approved by the Planning Commission:

      1.   In any "R" district, a tract and sales office during the period of construction and original sale of the lots or buildings in a new subdivision; provided, that the office and accessory signs allowed by the conditions of the approval shall be removed and all the district regulations applied within ten (10) days after the expiration of a time limitation which shall be specified in each instance;

      2.   In any district, a directional sign which shall consist solely of the name and location of a new tract or subdivision and directions to reach same; provided that every such sign shall be removed within ten (10) days after the expiration of a time limitation of six (6) months from the date of the approval. (Ord. 1975-A, 3-5-75, eff. 4-1-75)

   (A)   Regulations: The following regulations shall apply to the various types of signs as defined in this Title, subject to any special regulations as to size, location or lighting specified for the district in which the sign is located:

      1.   A nameplate, a sale or lease sign, a business sign or an identifying sign is permitted in any district when properly qualified as accessory to a principal use on the same premises;

      2.   Where the aggregate area of signs is limited, all faces of a sign shall be included in the calculation.

   (B)   Exceptions: Nothing in this title shall prevent the display on any premiss of any of the following:

      1.   Official public signs or notices, house numbers, mail box identification, street names or signs warning of danger or trespass;

      2.   A bulletin board displaying announcement relative to meeting held on the premises of a church or auditorium;

      3.   A directory or other exclusively informational listing of tenants' names at the entrance of a building. (Ord. 1975-A, 3-5-75, eff. 4-1-75)

Any use lawfully occupying a building or land at the time of adoption of this Title or of any subsequent amendment thereto, which does not conform to the regulations of the district in which it is located is a nonconforming use, and may continue except as otherwise provided herein. Any building lawfully existing at the time of adoption of this Title or of any subsequent amendment thereto which is wholly or partially used for use contrary to the regulations of the district in which it is located, or which is by reason of its height or bulk, or with respect to the yards or parking spaces about it or in any other manner deficient with respect to such regulations, is a nonconforming building and may continue except as otherwise provided herein.

   (A)   Changes in Nonconforming Uses: Except as otherwise provided, no nonconforming building shall be enlarged, extended or structurally altered unless the entire building and the use thereof is so changed as to be conforming in every respect. No nonconforming use of a building shall be changed to a different nonconforming use, except upon application to and approval by the Planning Commission as provided for a conditional use.

   (B)   Nonconforming Dwelling, Exception: A dwelling in any "R" district which is nonconforming only with respect to a deficiency in yard dimensions or in parking spaces, may be structurally altered or enlarged; provided that any addition or enlargement shall itself be fully conforming and that the number of dwelling units in the structure shall not be increased.

   (C)   Nonconforming Buildings, Maintenance: Ordinary maintenance and minor repair of a nonconforming building is permitted; provided, that the aggregate cost of the work done in any period of twelve (12) months on minor alterations or replacement of interior walls, fixtures or plumbing shall not exceed twenty five percent (25%) of the assessed value of the building for the fiscal year in which the work was done.

   (D)   Nonconforming Buildings, Restoration: The restoration of a nonconforming building that is damaged or partially destroyed by fire, explosion, act of God, or of the public enemy to the extent of fifty percent (50%) or less shall be permitted; provided, that such restoration is permitted by the Building Code of the County and is started within one year and diligently prosecuted to completion. A nonconforming building that is completely destroyed, or partially destroyed to a greater extent than above specified, shall not be restored except in full conformity with all the regulations of this Title. The proportion of damage or partial destruction shall be based upon the ratio of the estimated cost of duplicating the entire structure as it existed prior thereto.

   (E)   Nonconforming Uses, Termination: Whenever a nonconforming use of a building in any district is changed to a conforming use, or is abandoned, such use shall not thereafter be reestablished. Where no enclosed building is involved a nonconforming use shall not be reestablished after discontinuance thereof for a period of six (6) months. Otherwise every nonconforming building and every nonconforming use shall be terminated within twenty (20) years after the effective date of this Title or, if the nonconforming use is an advertising sign, within three (3) years after the date at which it become nonconforming. (Ord. 1975-A, 3-5-75, eff. 4-1-75)

Pursuant to the provisions of S.B. 167, chapter 749, 1975 Statutes of Nevada, the following procedures and criteria shall be used in evaluating applications for open space use assessments:

   (A)   All applications pursuant to this Ordinance shall be received by the Elko County Assessor from owners of real property and shall be in conformance with State law.

   (B)   Before any application for open space use assessment shall be granted, the following criteria must be met:

      1.   No application for open space use assessment shall be granted unless the land for which the assessment is requested is zoned "OS" (Open Space) as defined in the Elko County Zoning Ordinance.

      2.   No application for open space use assessment shall be granted if the land for which the assessment is requested encompasses less than six hundred (600) acres.

      3.   No application for open space use assessment shall be granted for any land which is within five (5) miles of any incorporated city.

      4.   No application for open space use assessment shall be granted unless the land for which the assessment is requested is open to the general public and has minimum public access, said public access shall be designated on the property.

      5.   No application for open space use assessment shall be granted unless the land for which the assessment is requested allows general public access for hiking and walking, but need not be open for camping, cooking, campfires, whether artificial or natural, or overnight use unless the applicant consents thereto.

      6.   No application for open space use assessment shall be granted for any proposed historical site unless said site is open to the general public for at least thirty (30) days out of a calendar year.

   (C)   The Board of County Commissioners shall have power to deny any application for open space use assessment which has met all of the criteria set forth above if the Board determines that the potential loss of revenues which would result from approving the application outweighs the benefits to be derived from preserving the current use of the property.

   (D)   No other sections of the Elko County ordinances are affected hereby. (Ord. 1975-L, 12-4-1975)

The requirements on setbacks and minimum lot size shall not be applicable to those platted lots in the townsites of Mountain City, Midas, Contact, Jarbidge, Lamoille, Montello, Deeth and the Tuscarora townsite area. The minimum lot size for these areas shall be governed by the existing platted lot size. The setback requirements shall be those set forth in the adopted building code with respect to the various types of construction. (Ord. 2002-J, 12-4-2002, eff. 2-7-2003)

Family cemeteries shall be permitted subject to the following:

   (A)   The owner of the land must obtain and provide documentation of state of Nevada health department approval for use of the land as a family cemetery.

   (B)   The owner of proposed family cemetery must notify and obtain approval of the Elko County planning and zoning division prior to any interment.

   (C)   The owner of proposed family cemetery site shall provide a metes and bounds description and record of survey to the state health division and the Elko County planning and zoning division. Upon approval by Elko County planning and zoning, the record of survey shall be recorded in the Elko County recorder's office.

   (D)   The owner of the land must comply with all requirements of Nevada Revised Statutes 451, inclusive.

   (E)   Each family cemetery shall be not less than 0.25 acre and no more than 0.50 acre in size.

   (F)   Each individual interment plot shall be a minimum size of five feet by ten feet (5' x 10'). There shall not be more than twenty five (25) interments per 0.25 acre of family cemetery.

   (G)   Each family cemetery shall be enclosed with a fence meeting the minimum requirements of Nevada Revised Statutes 569.431.

   (H)   No livestock grazing is allowed within a designated family cemetery.

   (I)   The deed to the property shall be amended to include the legal description and the designation of the family cemetery.

   (J)   Continued interment in the family cemetery by the original owners ceases with the sale of the property; unless the family cemetery is legally subdivided with legal private or public access.

   (K)   Upon subdivision of the family cemetery from the main parcel, the family cemetery may retain the original zoning designation with the use restricted to only a family cemetery.

   (L)   The owners of the family cemetery shall not sell plots within the cemetery.

   (M)   After interment, the family cemetery may not be converted to another use without going through the appropriate legal procedures.

   (N)   Existing family cemeteries may continue to be used, subject to meeting state health department and the mapping requirements. (Ord. 2002-H, 8-8-2002, eff. 9-11-2002)

The provisions of this section are intended to encourage the appropriate development of wind resources by residents of Elko County in appropriate locations within the county. It is designed to establish the public processes needed to identify preferred locations for wind turbines and other devices that convert wind energy to electricity, and create a clear regulatory path that will address specifically, wind turbine deployment.

This section pertains to residential wind turbines and towers with a maximum rated output of one hundred (100) kilowatts, commercial wind facilities, and wind monitoring or meteorological towers both commercial and noncommercial.

Although Elko County has been the site of wind machines in its past, typically those were used for water pumping for agriculture (livestock) uses. The types of machines now being contemplated and proposed differ from those historic devices in purpose, size, technology, cost and potential environmental impact. As renewable energy technology develops, particularly wind power, we see a rapidly changing field as more and more individuals give serious consideration to wind turbines as a means of supplying some or all of their electricity requirements.

It is therefore the intent of this section "Wind Machine Ordinance" to provide the county of Elko with an ordinance to understand the land use issues regarding wind power and to enable its residents to plan for the installation of modern wind electrical generating equipment. It is the express purpose of this section to provide for a permitting process to accommodate residential wind energy and commercial wind conversion facilities in appropriate locations, while minimizing any adverse visual, safety or environmental impacts of the facilities.

This section enables the review and approval of proposals for wind energy conversion facilities through the conditional use process within section 4-9-6 of this title. This section is intended to be used in conjunction with the Nevada Revised Statutes, Elko County master plans and other regulations adopted or enacted by Elko County, including, but not limited to, site plan review, and other factors.

   (A)   Definitions:

    A-WEIGHTED SOUND PRESSURE LEVEL (dBA): The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighted filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise.

   AMBIENT NOISE: The composite of noise from all sources near and far; the normal or existing level of environmental noise at a given location.

   ANEMOMETER: An instrument that measures the force and direction of the wind.

   CLEAR FALL ZONE: An area surrounding the wind turbine unit into which the turbine and/or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing turbine failure that shall remain unobstructed and confined within the property lines of the primary parcel where the turbine is located at, the purpose being that if the turbine should fall or otherwise become damaged, the falling structure will be confined to the primary parcel and will not fall onto dwellings, accessory buildings, and will not intrude onto a neighboring property.

   COWLING: A streamlined removable metal that covers the turbines nacelle.

   DISCONNECT, MANUAL: A device by which the conductors of a circuit can be disconnected from the source of supply.

   IDENTIFICATION MARKING: A sign that identifies the owner of a wind energy conversion system tower that is inscribed with a twenty four (24) hour emergency phone number and warning of "Danger High Voltage" or "Caution Electrical Shock Hazard" which is posted at the wind energy facility.

   INTERFERENCE OR DEGRADATION: A significant and measurable reduction in the ability to communicate or receive data which cannot be mitigated by other means by the group interfered with by the wind machine.

   L50: The noise level exceeded fifty percent (50%) of the time during a given period of time.

   LeqA: The equivalent or energy averaged noise level.

   Lmax: The highest root-mean-square (RMS) noise level measured over a given period of time.

   METEOROLOGICAL TOWERS: Those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting wind machines, and include the tower, guy cables and hardware, anemometers, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. Meteorological towers under this section do not include towers and equipment used by airports, Nevada department of transportation (NDOT), or similar applications to monitor weather conditions; such towers are exempt from the provisions of this section.

   MICRO WIND ENERGY CONVERSION MACHINE: A private wind machine that has a maximum rated capacity of less than two (2) kilowatts and is considered an accessory use. All micro wind machines shall be subject to the provisions of this section. A micro wind machine consists of a wind turbine, tower, and associated control or conversion electronics for the purpose of providing electrical power to meet the future needs of a lawful principal use.

   NACELLE: A separate streamlined metal enclosure that covers the essential mechanical components of the turbine.

   OVERALL HEIGHT: Shall be measured from finished grade to the uppermost portion of the rotor blade at its highest point of travel.

   PLACARD, WIRING AND MAINTENANCE: A permanent placard posted near the residence's main power control box mounted conspicuously notifying any person beginning work on the electrical system that there is an auxiliary power device connected to the system.

   PRIMARY STRUCTURE: For each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary structures include structures such as residences, commercial buildings, hospitals, and daycare facilities. Primary structures exclude structures such as storage sheds, pool houses, unattached garages, and barns.

   PRIVATE WIND ENERGY CONVERSION MACHINE: A wind machine having a minimum rated capacity of two (2) kilowatts and a maximum rated capacity of one hundred (100) kilowatts and designed to offset energy costs of the existing principal uses on parcels of land for the purposes of these regulations.

   PUBLIC ROADS: Roadways that are owned and/or maintained by the county, the state, or a local general improvement district (GID).

   ROTOR: That part of a wind energy system comprised of an assembly of rotating airfoils.

   SHADOW FLICKER: Alternating changes in light intensity caused by the moving blade casting shadows on stationary objects, such as a residential dwelling which exceeds ten (10) hours a year. The dissipation of shadow intensity over the distance from a wind machine limits the classification of shadow flicker to ten (10) rotor diameters or three thousand feet (3,000'), whichever is greater.

   SITE RESTORATION: "Site restoration" of a commercial wind energy facility shall mean the removal of all wind machines and all ancillary structures and equipment, excluding the wind machine foundations, and regrading and revegetation of all disturbed areas.

   SITING: The location of the wind machine upon a parcel of land which takes advantage of the available wind resource and which avoids obstructions and land features to maximize wind energy production.

   TRAIL EASEMENTS: An Elko County recorded easement for pedestrian, equestrian, bicycle or other similar public access uses.

   WIND ENERGY CONVERSION SYSTEM, COMMERCIAL: "Commercial wind energy conversion system" is defined as:

      1.   Intended to produce electricity to sell for consumption.

      2.   Having a total system height not to exceed six hundred feet (600').

      3.   May be grouped together into a wind energy facility consisting of one or more wind machines and other structures and buildings, including substations, electrical infrastructure, and other appurtenant structures and facilities.

      4.   Subject to subsection (C)2 of this section.

   WIND ENERGY CONVERSION SYSTEM TEST SITE, COMMERCIAL: "Commercial wind energy conversion system test site" is defined as electrical equipment, wind sensors, communication devices, towers, guywires and anchors, and other associated controls to measure, monitor and report wind speed, wind direction and other wind related data for commercial systems.

   WIND ENERGY CONVERSION SYSTEM TEST SITE, NONCOMMERCIAL: "Noncommercial wind energy conversion system test site" is defined as electrical equipment, wind sensors, communication devices, towers, guywires and anchors, and other associated controls to measure, monitor and report wind speed, wind direction and other wind related data for micro wind energy conversion and private wind energy conversion systems.

   (B)   Micro Wind Energy And Private Wind Energy Conversion Systems:

      1.   Requirements: All permit applications for micro wind energy and private wind energy conversion systems provided for under this subsection shall comply with the following standards and in addition shall comply with that normally required by other sections in the development code:

         (a)   Minimum Parcel Size: The minimum parcel size for any micro wind energy conversion system or private wind energy conversion system shall be two and one-half (2.5) acres.

         (b)   Micro Wind Energy System; No Permit Required: A micro wind energy system that does not exceed a maximum overall height of forty feet (40'), or exceed a maximum rotor diameter of four feet (4'), or is not to be connected to electric utility equipment of any utility grid, shall not require a conditional use permit.

         (c)   Micro Wind Energy System; Permit Required: A micro wind energy system that exceeds a maximum overall height of forty feet (40'), or a rotor diameter exceeding four feet (4'), or is to be connected to electric utility equipment of any utility grid shall require a conditional use permit.

         (d)   Private Wind Energy Conversion System; Permit Required: A conditional use permit is required for all private wind energy conversion systems.

         (e)   Number Allowed On Parcel Of Ten Acre Minimum: Not more than one micro wind machine or private wind machine or a combination of micro wind machines and private wind machines with a maximum rated capacity of one hundred (100) kilowatts shall be allowed in any open space district, special lands district, agricultural-residential district, agricultural- recreational district, agricultural-residential conservation reserve district 1, agricultural-residential conservation reserve district 2, general industrial district or light industrial district with a minimum parcel size of ten (10) acres or 1/64th of a section.

         (f)   Number Allowed On Parcel Of Two And One-Half Acres Minimum: Not more than one private wind machine with a total rated capacity of one hundred (100) kilowatts or one micro wind machine shall be allowed in any special lands district, agricultural-residential district, agricultural-recreational district, agricultural-residential conservation reserve district 1, agricultural-residential conservation reserve district 2, general industrial district or light industrial district or R1 district where the parcel size is a minimum of two and one-half (2.5) acres and less than ten (10) acres or 1/64th of a section.

         (g)   Number Allowed On Parcel Of Forty Acre Minimum: Not more than one private wind machine or one micro wind machine, or a combination of wind machines with a total rated capacity of one hundred (100) kilowatts shall be allowed per forty (40) acres or 1/16th of a section.

         (h)   Accessory To Permitted Use: Micro wind energy conversion systems and private wind energy conversion systems shall be an accessory to an existing principal use and may be utilized for accessory structures or other permitted uses where the principal use is established.

         (i)   Setbacks:

            (1)   The minimum setbacks from any property line, right of way, trail, easement, overhead utility, railroad, area set aside for public parking, public parks and playgrounds, schools or any other area that the public has access to, any commercial structure designed for recreation, lodging, shopping or other similar activity where the public gathers, structure designed for habitation, residence or residential property whether owned or under other ownership, are one and one-half (11/2) times the overall height.

            (2)   A setback exception may be made for property abutting federal lands with proper documentation from the governing entity.

            (3)   Setbacks between wind machines upon the same parcel shall follow the manufacturer's recommendations, but shall not be located closer than one times the overall height of any wind machine measured to any portion of the adjacent wind machine including the supporting structure or guywires.

            (4)   Micro wind machines and private wind machines shall be allowed closer to a property line if the abutting property owner(s) grants written approval of the proposed setback. The written consent shall be signed and notarized by the owner of record of the adjoining property and shall detail the setback distance and the size and height of the proposed private wind machine. The written consent shall be recorded with the Elko County recorder, a conformed copy of which shall be submitted with the conditional use application to construct the wind machine.

            (5)   Guywire anchors may not extend closer than five feet (5') from any property line and shall be properly marked and maintained from grade to a height of six feet (6') to help clearly identify them and serve as a safety system to prevent unwanted injuries. They shall be marked in accordance with the current adopted electrical codes.

         (j)   Height: Maximum overall height shall not exceed allowable elevation indications in applicable airport master plans or federal aviation administration regulations.

         (k)   Rotor Diameter: Maximum wind turbine rotor diameter and wind energy system height shall be regulated to meet the established and proposed uses of the property while being flexible to allow for current model offerings.

         (l)   Resiting: Resiting of any approved micro wind energy conversion system or private wind energy conversion system shall require a new conditional use permit application.

         (m)   Corner Parcel: Micro wind energy conversion systems and private wind energy conversion systems shall not be located within any side yard setback, any rear yard setback, any front yard setback, or within any front or side yard setback facing a street on a corner parcel of land.

         (n)   Established Easement: The tower, or any of its parts, shall not be located in or on drainage, utility or other established easements.

         (o)   Approval; Compliance: Micro wind energy conversion systems and private wind energy conversion systems shall be approved by a national wind certification program, comply with Elko County adopted international building code, NEC, UL 1741, IEEE 1547 and IEC section 61400 and other applicable codes.

         (p)   Utility Notification: No micro wind energy conversion system or private wind energy conversion system that is to be connected to electric utility equipment of any utility grid shall be operated until a net metering agreement or interconnection agreement has been made with the affected electric utility company(ies), and the utility company or companies have approved the proposed method of interconnection. Off grid systems shall be exempt from this requirement.

         (q)   Tower And Facility Access: All micro wind energy conversion systems and private wind energy conversion systems shall comply with the following provisions:

            (1)   The tower shall be designed and installed so that there shall be no exterior steps, bolts, or a ladder on the tower readily accessible to the public for a minimum height of twelve feet (12') above the ground.

            (2)   For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot readily be climbed.

            (3)   All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

         (r)   Roof Mounted Systems: Roof mounted micro wind energy conversion systems and private wind energy conversion systems:

            (1)   Shall not be allowed on residential structures;

            (2)   Shall not be allowed on any structure that the public has access to;

            (3)   Attachment of a micro wind energy conversion system or private wind energy conversion system wind machine to an ancillary structure shall be in strict compliance with regulations of the Elko County department of building and safety; and

            (4)   The minimum setbacks for roof mounted micro wind energy conversion systems or private wind energy conversion systems from any property line, right of way, trail, easement, overhead utility, railroad, area set aside for public parking, public parks and playgrounds, schools or any other area that the public has access to, any commercial structure designed for recreation, lodging, shopping or other similar activity where the public gathers, structure designed for habitation, residence or residential property whether owned or under other ownership, are one and one-half (11/2) times the overall height.

         (s)   Facility Signage And Posting:

            (1)   A sign no larger than three (3) square feet that identifies the owner of the tower, a twenty four (24) hour emergency phone number, and warning of "Danger High Voltage" or "Caution Electrical Shock Hazard" shall be posted at the private wind energy facility.

            (2)   A permanent placard shall be posted near the residence's main power control box mounted conspicuously notifying any person beginning work on the electrical system that there is an auxiliary power device connected to the system.

         (t)   Manual Shutoff Switch: Evidence of an external, manual shutoff switch is required prior to certificate of occupancy.

         (u)   Rotor Safety:

            (1)   Micro wind energy conversion systems and private wind energy conversion systems shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limitations of the system.

            (2)   All rotating blades shall be a minimum of fifteen feet (15') above the adjacent finish grade as measured at the lowest point of the arc of the blades.

         (v)   Repair And Removal:

            (1)   Any micro wind energy conversion systems or private wind energy conversion system found to be unsafe by an official of the Elko County department of building and safety shall be repaired by the owner to meet federal, state, and local safety standards; or

            (2)   Micro wind energy conversion systems and private wind energy conversion systems that are not operational due to electrical, mechanical or other pending maintenance issues for a continuous period of twelve (12) months and upon notification by the department of building and safety of the existence of an unsafe condition shall be repaired or removed within one hundred eighty (180) days by the owner of the wind machine. Removal does not include tower foundations.

            (3)   A micro wind energy conversion system or private wind energy conversion system that is not used for a period of time of one year or longer to generate electricity but is in otherwise operable condition and maintained in accordance with the manufacturer's recommendations shall be deemed to be in operational condition upon demonstration of worthiness by the owner of the wind machine.

            (4)   A micro wind energy conversion system or private wind energy conversion system shall be removed within one hundred eighty (180) days where the building permit is expired.

            (5)   No micro wind energy conversion system or private wind energy conversion system or combination of wind machines shall be operated so that impulsive sound below twenty (20) hertz adversely affects the habitability or use of any off site dwelling unit, hospital, school, library, or nursing home.

            (6)   A manufacturer's sound report shall be submitted with each building permit.

         (w)   Certified Safe: Evidence shall be submitted with a building permit application that the micro wind energy conversion system or private wind energy conversion system has been constructed in accordance with Elko County adopted international building code, NEC, UL 1741, IEEE 1547, IEC section 61400, other applicable codes, and certified safe.

         (x)   Advertisements: Advertisements are prohibited on all micro wind energy conversion systems and private wind energy conversion systems. The only advertising sign allowed on a wind machine shall be a logo on the generator housing.

         (y)   Artificial Illumination: A micro wind energy conversion system or private wind energy conversion system shall not be artificially illuminated.

         (z)   Feeder Power Lines: Feeder power lines from the turbine shall be buried underground from the tower's base to whichever structure houses the balance of system components.

         (aa)   Lighting:

            (1)   Wind machine towers shall not be artificially lighted unless required, in writing, by the federal aviation administration (FAA) or other applicable authority that regulates air safety.

            (2)   Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; and

   A. The lighting fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground.

   B. No strobe lighting shall be permitted, unless expressly required by the FAA.

            (3)   Lighting may be permitted when requested by an air ambulance service.

         (bb)   Compliance With Regulations: Once micro wind energy conversion systems or private wind energy conversion systems are permitted, the owners have the option of compliance with the standards of this section or discontinuation of operations. If the operation of the wind machine(s) does not comply with the provisions of this section, the operator shall promptly take all measures necessary to comply with these regulations, including, but not limited to, discontinued operation of one or more micro wind energy conversion systems or private wind energy conversion systems until compliance has been achieved.

      2.   Permit Applications: All permit applications for micro wind energy conversion systems and private wind energy conversion systems shall include the information listed in this subsection in addition to that normally required by other sections in the development code.

         (a)   Site Plan(s): A scaled site plan showing the following information:

            (1)   Existing topography, trees and drainage channels.

            (2)   Direction of prevailing winds across the project site.

            (3)   Locations, dimensions and setbacks of all existing and proposed structures located or proposed to be located upon the parcel.

            (4)   Location and height aboveground of all proposed private wind machines and, existing and proposed aboveground utility lines.

            (5)   Dimensions of private wind machine structures and private wind machine sites.

            (6)   Distances of private wind machine structures and private wind machine sites to roads, access easements, and trails.

         (b)   Drawings And Photos: Standard drawings and photographs of the wind turbine structure, including the tower, base, turbine and blades.

         (c)   Licensed Engineer Stamp: Plans shall be stamped by an engineer licensed in the state of Nevada.

         (d)   Subject To Other Requirements: Subject to subsection (B)1 of this section for private wind energy conversion systems.

         (e)   Maintenance Plan: Maintenance plan submitted with application.

         (f)   Decommissioning Plans: Decommissioning plans prepared in conformance with requirements as specified in subsection (B)1(v) of this section.

   (C)   Commercial Wind Energy Conversion Systems:

      1.   Requirements: All permit applications for commercial wind energy conversion systems provided for under this subsection shall comply with the following standards and in addition shall comply with that normally required by other sections in the development code:

         (a)   Permit Required: A conditional use permit is required for all commercial wind energy conversion systems.

         (b)   Location: Commercial wind energy conversion systems may be permitted only within the open space zoning district.

         (c)   Height: The overall height of commercial wind machines, including the uppermost extension of any blades, shall not exceed six hundred feet (600').

         (d)   Rotor Assembly Diameter: The maximum diameter of rotor assemblies shall be flexible to allow for current model offerings.

         (e)   Setbacks: The minimum setbacks are ten (10) times the blade diameter for horizontal blade designed turbines or three (3) times the overall height, whichever is the greater from any property line, right of way, trail, easement or overhead utility; and

            (1)   One mile from any existing residential districts with parcels of ten (10) acres or less whether owned or under other ownership.

            (2)   One mile from any off site dwelling(s) or other occupied buildings within Elko County whether owned or under other ownership.

            (3)   Other structures related to the commercial wind energy system shall not be located in or on drainage, utility or other established easements, and are restricted to the setback requirements of the district.

            (4)   An exception may be made for property abutting federal lands with proper documentation from the governing entity.

         (f)   Lighting:

            (1)   Commercial wind machine towers shall not be artificially lighted unless required, in writing, by the federal aviation administration (FAA) or other applicable authority that regulates air safety.

            (2)   Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; and

               A. The lighting fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground.

               B. No strobe lighting shall be permitted, unless expressly required by the FAA.

            (3)   Lighting may be permitted when requested by an air ambulance service.

         (g)   Tower And Facility Access: All commercial wind machine towers shall comply with the following provisions:

            (1)   The tower shall be designed and installed so that there shall be no exterior step, bolts, or a ladder on the tower readily accessible to the public for a minimum height of twelve feet (12') above the ground.

            (2)   For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot readily be climbed.

            (3)   Any guywires shall be made clearly visible to a minimum height of six feet (6').

            (4)   All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

         (h)   Electromagnetic Interference: To avoid interference, the owner(s) of any radar facility, television, radio, licensed ham radio station, cellular telephone or microwave reception facility within a radius of five (5) miles from any commercial wind machine shall be notified in writing no less than forty five (45) days prior to any public hearing, of a proposed project and shall be provided an opportunity to assess and determine any detrimental impact(s) on the operation of their facility.

If degradation of television, radio, cellular telephone, radar microwave or licensed ham radio reception occurs as the result of the commercial wind machine and confirmation that the commercial wind machine is the source of the interference, the owner/developer of the wind machine shall pay all reasonable costs to correct the television, radio, cellular telephone or microwave reception within thirty (30) days of notification by Elko County that a problem exists.

         (i)   Utility Notification: No commercial wind machine that is to be connected to electric utility equipment of any utility grid shall be operated until a net metering agreement or interconnection agreement has been made with the affected electric utility company(ies), and the utility company or companies have approved the proposed method of interconnection.

         (j)   Approval: Commercial wind turbines shall be approved by a wind certification program which is recognized by the American Wind Energy Association.

         (k)   Compliance: Commercial wind turbines shall comply with Elko County adopted international building code, national electrical code, UL 1741, IEC, and IEEE 1547.

         (l)   Noise Studies:

            (1)   As part of the application submittal for a commercial wind machine, the applicant shall provide modeling and analysis that will confirm that the facility will not exceed the maximum permitted noise levels.

            (2)   A postconstruction noise study shall be conducted within six (6) months of the date when the project is fully operational. The postconstruction measurements will be reported to the Elko County department of community development using the same format as used for the preconstruction sound studies. As with the preconstruction study, the postconstruction study shall be conducted by an independent qualified acoustical consultant approved by the Elko County department of community development, but paid for by the applicant/owner/developer of the wind project. The postconstruction noise study shall be performed according to the procedures in the most current version of American National Standards Institute (ANSI) S12.18. All noise levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a type I sound meter.

Any postconstruction noise levels that exceed any of the limits set forth, referring to subsection (C)1(m) of this section will constitute proof that the commercial wind machine(s) is noncompliant and shall be rectified or shut down immediately.

            (3)   Noise studies shall not be required in the event that the placement of a wind turbine is located more than two (2) miles from any existing residence.

         (m)   Audible Noise Limit:

            (1)   No commercial wind machine shall be located so as to generate postconstruction sound levels that exceed forty five (45) dBA at night or fifty (50) dBA during the day as measured a minimum distance of fifty feet (50') from any existing residence within one mile from a wind machine. The appropriate value to use for the postconstruction sound level is LeqA.

         (n)   Noise Setbacks:

            (1)   Setbacks greater than those set forth in this section shall be imposed if necessary to meet the noise level requirements of this subsection.

         (o)   Material Colors: The colors of materials used in the construction of the tower shall be muted, nonreflective, nonobtrusive, and visually compatible with the surroundings. Acceptable colors shall be off white, white, light silver, tan, gray, or sand. The painting or coating shall be kept in good repair for the life of the machine.

         (p)   Maintenance: Commercial wind machines shall be kept in good repair as recommended by the manufacturer's scheduled maintenance or industrial standards and shall be free of rust.

         (q)   Waste Lubricants And Cooling Fluids: Waste lubricants and cooling fluids shall not be permitted to accumulate, shall be removed in a timely manner and properly disposed of.

         (r)   Removal For Nonuse: If a commercial wind system is not used for one year to generate electricity or the permit has expired, the system shall be removed and the property restored to its previous condition within one hundred eighty (180) days.

         (s)   Advertisements: Advertisements are prohibited on all commercial wind energy conversion systems. The only advertising sign allowed on a wind machine shall be a logo on the generator housing.

         (t)   Repair And Removal:

            (1)   Unsafe Machine: Any commercial wind machine found to be unsafe by an official of the Elko County department of building and safety shall be repaired by the owner to meet federal, state, and local safety standards, or, if not repaired, shall be removed in accordance with the provisions of this section within one hundred eighty (180) days of being notified by the department of building and safety of the existence of an unsafe condition.

            (2)   Machine Not In Use: Commercial wind machines that are not operated for a continuous period of twelve (12) months shall be removed by the owner of the wind machine.

            (3)   Decommissioning: For commercial wind machines, the applicant/developer shall submit a decommissioning plan at the time of application for a conditional use permit. The plan shall include:

               A. The anticipated life of the project,

               B. The estimated decommissioning costs net of salvage value in current dollars,

               C. The method of ensuring that funds will be available for decommissioning and restoration, and

               D. The anticipated manner in which the project will be decommissioned and the site restored.

            (4)   Removal Of All Associated Equipment: When a commercial wind machine is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed. For the purposes of this subsection, nonoperation shall be deemed to include, but shall not be limited to, the blades of the wind machine remaining stationary so that wind resources are not being converted into electric or mechanical energy, or the wind machine is no longer connected to the public utility electricity system.

            (5)   Failure To Remove: In the event a commercial wind machine owner fails to remove the wind machine tower and all associated and ancillary equipment, batteries, devices, structures or support(s) for that system, as required in this subsection, Elko County shall have the authority to remove or authorize the removal of the tower and all associated elements of the project.

         (u)   Compliance With Regulations: Once commercial wind machines are permitted, the owners have the option of compliance with the standards of this section or discontinuation of operations. If the operation of the wind machine(s) does not comply with the provisions of this section, the operator shall promptly take all measures necessary to comply with these regulations, including, but not limited to, discontinued operation of one or more commercial wind machines until compliance has been achieved.

      2.   Permit Applications: All permit applications for a commercial wind energy conversion system shall include the information listed in this subsection in addition to that normally required by other sections in the development code. The applicant may appeal to the director of community development for the consideration of waiving certain submittal requirements of this subsection in cases where the wind machine(s) are not used for power sales and are constructed to offset power demands on site.

         (a)   Site Plan(s): A scaled site plan showing the following information:

            (1)   Existing topography, trees and drainage channels;

            (2)   Direction of prevailing winds across the project site;

            (3)   Location of all existing structures within one mile of the proposed commercial wind machine sites;

            (4)   Location and height above ground of all proposed commercial wind machines and, existing and proposed aboveground utility lines;

            (5)   Location, height and direction of all radar and microwave stations that could be affected;

            (6)   Preliminary dimensions, grading and alignment for all temporary and permanent roads, power transmission and distribution line easements, structures, wind machine sites, substation(s), staging areas and other site work;

            (7)   Distances to dwellings, churches, schools, nursing homes, roads, access easements, trails, railroads, and parks;

            (8)   Standard drawings and photographs of the wind turbine structure, including the tower, base, turbine and blades;

            (9)   A GIS map(s) and visual simulations, showing the impact of the topography upon visibility of the project from other locations. The base map used shall be a published topographic map showing nonnatural features, such as roads, towers, and buildings;

            (10)   A preliminary drainage, sediment collection and erosion control plan for all areas proposed to be disturbed on the parcel(s);

            (11)   Decommissioning plans prepared in conformance with requirements as specified in subsection (C)1(t) of this section;

            (12)   Provide location of all public, private and military airports and airstrips within ten (10) miles of the nearest proposed wind turbine;

            (13)   A current determination letter resulting from a federal aviation administration (FAA) form 7460-1, notice of proposed construction or alteration, for each proposed wind machine or tower;

            (14)   A summary of the status of all FAA determinations with details on how any unresolved problems with aircraft safety are being addressed as well as a detailed description of any obstruction marking and lighting that will be required by the FAA.

   (D)   Noncommercial Meteorological Towers: All meteorological towers provided for under this subsection shall comply with the following standards:

      1.   All permit applications for noncommercial meteorological towers provided for under this subsection shall comply with the following standards and in addition shall comply with that normally required by other sections in the development code:

         (a)   A conditional use permit is required for any noncommercial wind energy conversion system test site.

         (b)   The minimum parcel size for any noncommercial meteorological tower shall be two and one-half (2.5) acres.

         (c)   The minimum setbacks are one and one-half (11/2) times the overall height from any property line, right of way, trail, easement, overhead utility, structure designed for habitation, residence or residential property whether owned or under other ownership.

         (d)   Maximum overall height shall not exceed allowable elevation indications in applicable airport master plans or federal aviation administration regulations.

         (e)   Maximum overall height is to be regulated to meet the established and proposed uses of the property while being flexible to allow for current model wind machine offerings.

         (f)   No rotor blade is permitted under a noncommercial wind energy conversion system, noncommercial use test site conditional use permit.

         (g)   Guywire anchors shall not extend closer than five feet (5') from any property line and shall be properly marked and maintained from grade to a height of six feet (6') to help clearly identify them and serve as a safety system to prevent unwanted injuries. They shall be marked in accordance with the current adopted electrical codes.

         (h)   A conditional use permit for all temporary meteorological towers shall be valid for a maximum of two (2) years. Towers shall be removed within one month after the two (2) year period has ended. Failure to remove the tower within the one month period may result in a lien being placed against the property for the entire cost to Elko County to remove and dispose of it. An extension of time of one year may be permitted by the director of the department of community development upon submittal of a letter explaining the need for the extension.

         (i)   Test site equipment shall not be located in or on drainage, utility or other established easements.

         (j)   Conditional use permits for test sites shall expire twenty four (24) months after construction at which time the test site equipment shall be removed and the property restored to its previous condition prior to the expiration of the temporary use permit.

         (k)   All meteorological towers shall comply with lighting, signage, aesthetics, tower and facility access, and maintenance requirements as outlined in subsection (B) of this section.

         (l)   Shall comply with the Elko County adopted international building code, NEC, other applicable codes.

         (m)   The noise levels generated by a commercial test site system shall not exceed fifty (50) dBA measured at any property line.

   (E)   Commercial Wind Energy Conversion System Test Sites: All meteorological towers provided for under this subsection shall comply with the following standards:

      1.   All permit applications for commercial meteorological towers provided for under this subsection shall comply with the following standards and in addition shall comply with that normally required by other sections in the development code:

         (a)   Permit Required: A conditional use permit shall be required for any commercial wind energy conversion system test site.

         (b)   Location: Test sites shall be located within the open space zoning district.

         (c)   Height: Test towers shall not exceed two hundred feet (200') in height.

         (d)   Setbacks: The minimum setbacks are one and one-half (11/2) times the overall height from any property line, right of way, trail, easement, overhead utility, structure designed for habitation, residence or residential property whether owned or under other ownership.

         (e)   Rotor Blades Prohibited: No rotor blade is permitted under a commercial wind energy conversion system commercial use test site conditional use permit.

         (f)   Guywire Anchors: Guywire anchors shall not extend closer than five feet (5') from any property line and shall be properly marked and maintained from grade to a height of six feet (6') to help clearly identify them and serve as a safety system to prevent unwanted injuries. They shall be marked in accordance with the current adopted electrical codes.

         (g)   Established Easements: Test site equipment shall not be located in or on drainage, utility or other established easements.

         (h)   Lighting:

            (1)   Commercial wind energy conversion system towers shall not be artificially lighted unless required, in writing, by the federal aviation administration (FAA) or other applicable authority that regulates air safety.

            (2)   Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; and

               A. The lighting fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground.

               B. No strobe lighting shall be permitted, unless expressly required by the FAA.

            (3)   Lighting may be permitted when requested by an air ambulance service.

         (i)   Expiration Of Permit: Conditional use permits for test site shall expire twenty four (24) months after construction at which time the test site equipment shall be removed and the property restored to its previous condition prior to the expiration of the temporary use permit.

         (j)   Compliance: Shall comply with the Elko County adopted international building code, NEC, other applicable codes.

         (k)   Noise Levels: The noise levels generated by a commercial test site system shall not exceed fifty (50) dBA measured at any property line.

         (l)   Tower And Facility Access: All commercial test site towers shall comply with the following provisions:

            (1)   The tower shall be designed and installed so that there shall be no exterior step, bolts, or a ladder on the tower readily accessible to the public for a minimum height of twelve feet (12') above the ground.

            (2)   For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot readily be climbed.

            (3)   Any guywires shall be made clearly visible to a minimum height of six feet (6').

            (4)   All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. (Ord. 2012-02, 4-4-2012, eff. 6-13-2012)

   (A)   No person shall place or install a home security camera with the intent to capture images or video record areas of another person's home and/or real property wherein there is a reasonable expectation of privacy.

   (B)   "Home security camera" means any video recording device or any other device that captures images used for security and/or surveillance on real property. (Ord. 2021-03, 10-20-2022)