Before issuing a building permit, the building inspector may require that the proposal be approved as to zoning by the Planning Commission. The term "approved as to zoning" means an official notation by the Planning Commission or authorized deputy upon a building permit or a license, certifying that the proposed building or use is in conformance with the regulations of this title, subject to the conditions, if any, included in the notation. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

Whenever there is a doubt as to the district classification of a use not listed in this title, the Planning Commission shall thereupon make such investigations as are necessary to compare the characteristics of the use in question with those of the listed uses in the various districts. If the use is found to be, in all essentials, pertinent to the intent of this title, of the same character as a permitted or as a conditional use in any district or districts, the commission shall so determine. The determination shall be a public record. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

Any interested person alleging error in any order, requirement or determination made by an employee of the County in the administration of this title may appeal in writing to the Planning Commission within ten (10) days of the date thereof. The decision of the Planning Commission in such matters shall be final unless a notice of appeal to the County Board of Commissioners is filed within ten (10) days after the date of such decision. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

   (A)   Zoning Permits:

      1.   All applicants for a zoning change, zoning variance, conditional use permit, or modification of a lot boundary line or the size of a lot, pertaining to any lot or parcel of any subdivision in the County which has an active and duly authorized Architectural Review Committee or the equivalent established pursuant to recorded declarations, reservations, restrictions, covenants or conditions, shall certify, on a form provided by the County, that the applicant has submitted an application to the applicable Architectural Review Committee or equivalent for approval for the, zoning change, zoning variance, conditional use permit, or modification of a lot boundary line or the size of a lot.

      2.   Procedure On Application:

         (a)   All certifications shall be attached to the application submitted to the County.

         (b)   After an application is received, the Building or Zoning Department shall check the application and determine if the application is located within an Architectural Review Committee or equivalent.

         (c)   If the application is within an area wherein an Architectural Review Committee or equivalent and no certification is attached, the application shall be rejected until such time that a certification is completed and attached to the application. If the certification is attached to the application, the Building or Zoning Departments shall immediately send a copy of the certification to the applicable Architectural Review Committee or equivalent.

         (d)   Prior to approval of an application, the County shall allow the Architectural Review Committee or equivalent to submit comments on the application. All comments by the Architectural Review Committee or equivalent must be submitted within ten (10) days of receiving the certification.

      3.   As used in this section, an "active and duly authorized Architectural Review Committee" shall mean:

         (a)   One or more persons charged with the enforcement of subdivision covenants, conditions or restrictions, however the same may be denominated; and

         (b)   The covenants, conditions or restrictions are recorded in the official records of the Office of the County Recorder; and

         (c)   The Committee has filed a written notice of its existence and operation with the County Manager.

   B.   Building Permits:

      1.   All applicants for a building permit in any subdivision in the County which has an active and duly authorized Architectural Review Committee or the equivalent established pursuant to recorded declarations, reservations, restrictions, covenants or conditions, shall certify, on a form provided by the County, that the applicant has submitted an application to the applicable Architectural Review Committee or equivalent for approval for the building permit.

      2.   Procedure On Application:

         (a)   No application for a building permit in a subdivision which has an active and duly authorized Architectural Review Committee shall be issued until the provisions of this subsection have been complied with.

         (b)   All certifications shall be attached to the application submitted to the County.

         (c)   After an application is received, the Building or Zoning Department shall provide notice by mail and electronic mail to the Architectural Review Committee requesting a report from the Committee as to the application. If no report is received by the Committee within ten (10) days of the notice, the application shall be deemed acceptable by the Committee.

         (d)   If the application is within an area wherein an Architectural Review Committee or equivalent and no certification is attached, the application shall be rejected until such time that a certification is completed and attached to the application. If the certification is attached to the application, the Building or Zoning Departments shall immediately send a copy of the certification to the applicable Architectural Review Committee or equivalent.

      3.   As used in this section, an "active and duly authorized Architectural Review Committee" shall mean:

         (a)   One or more persons charged with the enforcement of subdivision covenants, conditions or restrictions, however the same may be denominated; and

         (b)   The covenants, conditions or restrictions are recorded in the official records of the Office of the County Recorder; and

         (c)   The Committee has filed a written notice of its existence and operation with the County Manager.

      4.   Building Permit Defined: "Building Permit" for the purpose of this section shall mean any building permit for a new structure/building and/or building permit that increases the square footage of any existing structure/building and/or will change the use or occupancy of the building on to any existing structure/building. (Ord. 1996-D, 3-6-1996, eff. 4-1-1996; amd. Ord. 2021-04, 11-17-2021)

Upon application in proper form, the terms of this title may be modified, and such variances granted as will not be contrary to its general intent or the public interest, where due to special conditions or exceptional characteristics of the property or its location or surroundings, a literal enforcement would result in practical difficulties or unnecessary hardships. Variances are related to hardships pertaining to the property and not to a personal hardship or desire of the applicant.

   (A)   Procedure: The planning commission shall receive, consider and take action upon every application which is concurrent with an application for a conditional use on the same property, and upon all other variances where a public hearing is required. The commission shall also take action upon any minor variance brought before it on appeal from a decision of the building inspector.

   (B)   Findings Required: A variance shall be granted in whole or in part only upon affirmative findings as hereinafter set forth, and otherwise it shall be denied. The following findings are required:

      1.   That there are exceptional circumstances applicable to the property involved, or to the intended use, which do not generally apply to other property in the same district;

      2.   That the result would not be detrimental to the public welfare, or injurious to property in the vicinity;

      3.   That the strict application of the regulation sought to be modified would result in practical difficulties or hardships inconsistent with and not necessary for the attainment of the general purpose of this title.

   (C)   Conditions Of Variance: In granting any variance, the character and extent thereof shall be specified and the variance shall be made subject to such written conditions as may be necessary to secure the intent of the grant. A variance may be made valid only for a specified term. Once any portion of a variance is utilized, all of its conditions and limitations shall be operative, and the violation of any shall constitute a violation of this title.

   (D)   Effective Date Of Variance: The order granting or denying a variance shall become effective ten (10) days after the date of the order unless a written notice of appeal is filed within such period of ten (10) days. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (E)   Submission Of Application: A completed application for a variance and a filing fee, as set by resolution, must be submitted to the division of planning and zoning. Upon application in proper form and a filing fee payment, the terms of this title may be modified and such variances granted, as will not be contrary to its general intent or the public interest, where due to special conditions or exceptional characteristics of the property or its location or surroundings, a literal enforcement would result in practical difficulties or unnecessary hardships. Variances are related to hardships pertaining to the property and not to a personal hardship or desire of the applicant. (Ord. 2013-02, 8-7-2013, eff. 10-19-2013)

   (F)   Action By Planning Commission: A public hearing before the planning commission shall be held upon every application for a variance. (Ord. 1994-T, 10-6-1994, eff. 10-20-1994; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

Certain uses, referred to in this title as conditional uses, are declared to possess characteristics which require special appraisal by the planning commission in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare.

   (A)   Procedure: Any use of property which is listed as or specified in this title to be a conditional use shall be approved or disapproved as to zoning only upon filing an application in proper form and in accordance with the procedure hereinafter set forth. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (B)   Submission Of Application: Each property owner requesting a conditional use must file a completed application upon forms supplied and approved by Elko County for a conditional use permit and a filing fee payment in full, as set by resolution approved by the Elko County board of commissioners, with the division of planning and zoning at least thirty (30) days prior to the planning commission meeting at which the applicant is scheduled to be heard. (Ord. 2015-03, 4-1-2015, eff. 4-17-2015)

   (C)   Action By Commission: A public hearing before the planning commission shall be held upon every application for a conditional use permit. (Ord. 1994-T, 10-6-1994, eff. 10-20-1994; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (D)   Limited Approval Of Conditional Uses: The approval of a conditional use may be made valid only for a specified term. The approval may be made contingent upon the written acceptance and continued observance of specified conditions, including, but not limited to, any one of the following:

      1.   Substantial conformity to approved plans and drawings;

      2.   Time period within which the use authorized shall be brought into existence, failing which the approval shall lapse and be void;

      3.   Guarantees as to compliance with the terms of the approval;

      4.   Dedication of and improvement of streets and other public facilities;

      5.   Special yards planting, fences or walls;

      6.   Limitations on signs;

      7.   Limitations as to the time of day during which specified activities may be conducted.

Once a conditional use is established, all of the conditions specified in the approval shall become operative, and the violation of any of them shall constitute a violation of this title.

   (E)   Effective Date: The order authorizing a conditional use or disapproving the same shall be effective ten (10) days after the date of such order, unless a notice of appeal is filed within such a period of ten (10) days.

   (F)   Lapse Of Approval: Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void unless the use is established or construction necessary and incident to its establishment is started within six (6) months of the date of final action of approval.

   (G)   Changes In Conditions: The planning commission shall receive, hear and decide applications to extend the term or to modify any condition imposed upon a conditional use, or upon a use established under a use permit issued prior to the effective date of this title. Every such application shall be subject to the same procedure and regulations as set forth in this section for a conditional use. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (H)   Hazardous Waste:

      1.   No conditional use application shall be granted for use of property for hazardous waste disposal, incineration or treatment or for use in the storage or management of hazardous wastes for treatment, incineration or disposal for which use a permit to operate such a facility is required from the state of Nevada or the United States.

         (a)   "Hazardous waste" is defined as it is defined in Nevada Revised Statutes 444.712 and includes any hazardous waste or constituents of hazardous waste which are subject to regulation under 40 CFR 261, as in effect on July 1, 1984.

      2.   This subsection shall remain in full force and effect until the earlier of the state of Nevada issuing regulations for operation of hazardous waste disposal and treatment and ending the moratorium on the issuance of state permits to operate facilities for the disposal, treatment and incineration of such hazardous wastes, or repeal of this subsection. (Ord. 1985-K, 12-5-1985, eff. 12-23-1985; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

Upon application in proper form, a property owner may seek to have the zoning applicable to his property changed or modified. (Ord. 2013-02, 8-7-2013, eff. 10-19-2013)

   (A)   Procedure: Each property owner requesting a zone change must file a completed application upon forms supplied and approved by Elko County for a zone change and a filing fee payment in full as set by resolution approved by the Elko County board of commissioners, with the division of planning and zoning. (Ord. 2015-03, 4-1-2015, eff. 4-17-2015)

   (B)   Preliminary Hearing: Every application for a zoning change shall include a minimum of two (2) appearances before the planning commission. The first appearance shall be an informational meeting, and the following meeting of the planning commission may include the public hearing. (Ord. 1994-T, 10-6-1994, eff. 10-20-1994; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

      1.   At the conclusion of the preliminary hearing the applicant may request an immediate vote of the planning commission on the application. Otherwise, the preliminary hearing is informational only. If an immediate vote is requested, the planning commission may indicate that there is no reasonable possibility of the zone change being approved following a public hearing. A denial of a zone change application by the planning commission at the preliminary hearing may be appealed to the board of county commissioners as provided in section 4-9-10 of this chapter. Following a denial vote at the preliminary hearing, the applicant may modify his proposal and file a new application in lieu of appeal. A vote of the planning commission to allow the application to proceed to public hearing does not constitute conditional or preliminary approval of the application or serve as any indication as to the probability or possibility of approval of the zone change application following the public hearing as required by subsection (C) of this section. (Ord. 1995-H, 6-8-1995, eff. 6-28-1995; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (C)   Action By Commission: A public hearing before the planning commission shall be held upon every application for a zone change. (Ord. 1994-T, 10-6-1994, eff. 10-20-1994; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (D)   Restrictive Use: In the granting of a zoning change, the planning commission may, upon good cause, restrict the change of zoning to the specific type of business enterprise or specific use for which the change was first sought, which restrictive use must be set forth upon the minutes of the planning commission and shall be considered binding upon all successive transferees or possessors of the land so to be classified or changed.

   (E)   Effective Date: The order authorizing a change of zoning or disapproving the same shall be effective ten (10) days after the date of such order, unless a notice of appeal is filed within ten (10) days after such order was issued.

   (F)   Consideration: In making any decision to grant or deny a change of zoning, the planning commission shall be guided by the following factors:

      1.   Whether the zoning sought is consistent with the comprehensive zoning plan or is inconsistent with uses to which the rest of the district is zoned;

      2.   Whether the change appears to be for the public good or for the sole benefit of the private interest of the owner without regard to the community welfare.

In the event that the commission finds that the zoning change sought appears to be an unreasonable devotion of a small area to a use inconsistent with uses to which the rest of the district is zoned and made for the sole benefit of the private interests of the owner, it shall deny the request.

   (G)   Changes: All changes in zoning which involve a change within a zoning district and a change of a portion of an exterior zoning boundary, shall follow the procedure within this section. (Ord. 1980-H, 6-5-1980, eff. 6-25-1980; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

The planning commission may, in its rules, prescribe the form and scope of all applications required by this title and may specify the accompanying data to be furnished to assure the proper consideration of the matter involved and for the permanent record.

   (A)   Applications, Where Filed: Every application shall be addressed to the Elko County division of planning and zoning.

   (B)   Verification Of Applications: Every such application shall include a verification by at least one owner of the property affected to which the application applies, or by the holder of an option to purchase the same or by a duly authorized agent, attesting to the truth and correctness of all the facts and drawings presented. The verification shall be attested before a notary public. (Ord. 2013-02, 8-7-2013, eff. 10-19-2013)

   (C)   Fees: No application shall be accepted unless it is in full compliance with all requirements of this title, and accompanied by the filing fee specified. No part of any required fee shall be returnable, and every such fee shall be deposited with the county treasurer. An additional fee shall not be charged for an application for a conditional use which is made concurrently with an application for a zone change on the same property. Except as otherwise provided, the amount of the filing fee required shall be set forth by resolution adopted by the county commission. (Ord. 2015-10, 4-1-2015, eff. 4-17-2015)

   (D)   Exceptions To Fee Requirement: The requirements of a fee accompanying an application or an appeal shall be waived in the following cases:

      1.   When the application or appeal is filed by a public agency of the county, a city or of the state or the federal government;

      2.   When the application is for a variance to permit the relocation of a building on the same lot, if such relocation is necessary solely because of the condemnation for a public use or the sale to a public agency or a portion of such lot. (Ord. 1980-H, 6-5-1980, eff. 6-25-1980; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (E)   Effect Of Denial: Following a denial of an application for a variance, conditional use or change of zoning no new application affecting the same property may be submitted within one year from the date of denial by the planning commission, or within one year from the date of the denial by the board of county commissioners on appeal, whichever the case may be. (Ord. 1995-A, 4-6-1995, eff. 5-1-1995; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (F)   Address Lists Required: Every application upon which a public hearing is required by this title shall be accompanied by a verified list of the names and addresses of the owners of all property within three hundred feet (300') of the exterior boundaries of the property affected, as shown on the last adopted tax roll of the county; provided, however, that where the application is for a variance, the list need not include property more than one hundred feet (100') from said exterior boundaries. (Ord. 1980-H, 6-5-1980, eff. 6-25-1980; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

Upon receipt in proper form of any application filed pursuant to this title upon which a public hearing is required, the date for such hearing shall be set by the planning commission in accordance with the rules of the commission. Notice shall be given of the time and place of such public hearing by at least one publication in a newspaper of general circulation in the county at least ten (10) days before the day of hearing. The applicant, and the appellant, in the case of an appeal, shall be notified in writing of the time and place of the hearing.

   (A)   Mailed Notice: When the public hearing is held on an application for a conditional use, variance, or for the proposed change in zoning, notice of the time and place of the hearing shall be given not less than fifteen (15) days prior to the date thereof, by mailing such notice to all the persons whose names and addresses appear on the list of property owners submitted.

   (B)   Failure To Notify: Any failure to give notice as required by this title or any irregularity in connection therewith or in any procedure required by this title, shall not invalidate the proceedings if there shall have been compliance with the minimum requirements of Nevada state law.

   (C)   Continuance: At any public hearing held pursuant to this title, the officer presiding may order the hearing to be continued by publicly announcing the time and place of continuance, and no further notice thereof shall be required. (Ord. 1980-H, 6-5-1980, eff. 6-25-1980; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (A)   Appeal; Review: An appeal may be taken to the board of county commissioners within ten (10) calendar days after the date of the action of the planning commission on any application filed pursuant to this chapter. The appeal may be taken by any person aggrieved, or by any public officer, board or agency affected, by filing with the division of planning and zoning a written notice specifying the grounds for the appeal and filing fee as set by resolution approved by the Elko County board of commissioners. Any member of the board of county commissioners may, within the same period, call for a review of any such action by notice to the division of planning and zoning and such notice shall have the same effect as an appeal but shall require no fee. Filing of an appeal shall stay all proceedings in furtherance of the action appealed. (Ord. 2015-03, 4-1-2015, eff. 4-17-2015)

   (B)   Transmittal Of Record: Upon notice by the county clerk that an appeal has been filed, the planning commission shall make available to the board of county commissioners all documents constituting the record upon which the act on appeal was taken. The board of county commissioners may, if it appears necessary to clear understanding of the issues, hear additional evidence not presented at the hearing before the planning commission.

   (C)   Notice Of Hearing: The board of county commissioners shall give notice of the time and place at which the hearing will be held on any appeal filed pursuant to this title to the applicant, to the appellant, to the planning commission and to any other person requesting such notice and depositing with the county clerk a self-addressed, stamped envelope for that purpose.

   (D)   Procedure: At the appeal hearing, the appellant shall be heard first and shall present his reasons for the appeal. The respondent may respond to appellant's appeal after which the appellant may present any rebuttal argument. (Ord. 1980-H, 6-5-1980, eff. 6-25-1980; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (E)   Action Of The Board Of County Commissioners: The board of county commissioners, at the conclusion of the hearing on any appeal filed pursuant to this title, upon substantial evidence at the appeal hearing adduced, and/or upon substantial evidence presented at the hearing before the planning commission as reflected in the minutes thereof, may sustain, modify or overrule the action of the planning commission in the matter, or may refer any such matter back to the planning commission for further proceedings. The final order of the board of county commissioners on any such appeal shall be effective forthwith.

      1.   The evidence to be considered by the board of county commissioners at the appeal hearing may include sworn or unsworn testimony, exhibits, minutes of meetings or hearings of the planning commission or other meetings or hearings of other entities, and documentary evidence, if the evidence is of a type commonly relied upon by reasonable and prudent men in the conduct of their affairs. The experience, technical competence, and knowledge, specialized or otherwise, of the board of county commissioners, and staff memoranda, input, or data, which memoranda, input, or data shall be evidence, may be utilized in the weight given to, and evaluation of, the evidence.

      2.   Any party is entitled to be represented by counsel, and opportunity must be afforded all persons to present testimony, evidence and argument on all issues involved.

      3.   Petitions for judicial review of a decision of the board of county commissioners must be instituted by filing a petition in the district court in and for the county of Elko.

      4.   Petitions seeking judicial review of a final decision of the board of county commissioners, may be filed only by a participant in the hearing before the planning commission, or a participant in the hearing before the board of county commissioners, as reflected in the evidence, submittals, or minutes of the hearing, which participant is aggrieved by the final decision.

      5.   Petitions for judicial review must be filed with the district court within thirty (30) days after the date of the decision or order of the board of county commissioners complained of.

      6.   Judicial review of a final decision or order of the board of county commissioners on appeal must be conducted by the district court without a jury, and be confined to the record. The final decision of the board of county commissioners shall be deemed reasonable and lawful until reversed or set aside in whole or in part. The burden of proof is on the party attacking or resisting the decision to show that the final decision is invalid pursuant to subsection (E)8 of this section.

      7.   The district court shall not substitute its judgment for that of the board of county commissioners as to the weight of evidence on a question of fact.

      8.   The district court may remand or affirm the final decision or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the board of county commissioners is:

         (a)   In violation of constitutional or statutory provisions;

         (b)   In excess of the authority of the board of county commissioners;

         (c)   Made upon unlawful procedure;

         (d)   Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

         (e)   Arbitrary or capricious or characterized by abuse of discretion.

      9.   In determining whether to grant a stay, should one be applied for, the district court shall consider the same factors as are considered for a preliminary injunction under rule 65 of the Nevada rules of civil procedure, and in making a ruling, the district court shall give deference to the trier of fact, and consider the risk to the public, if any, of staying the decision. The petitioner must provide security before the court may issue a stay.

      10.   An aggrieved party may obtain a review of any final judgment of the district court by appeal to the supreme court, which shall be taken as in other civil cases.

      11.   The foregoing provisions of this subsection (E) are the exclusive means of judicial review of, or judicial action concerning, a decision to which said subsection applies. (Ord. 1991-D, 9-5-1991, eff. 9-19-1991; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

The exterior boundaries of any zoned area may be expanded or restricted by the following procedure:

   (A)   Initiation: Expansion or restriction of boundaries may be initiated by resolution of the board of county commissioners or the planning commission, or by any property owner whose property would be excluded or included by any restrictions or expansion.

   (B)   Notice Of Hearing: Upon passage of a resolution or upon receipt of an application in proper form, the proposal shall be set for public hearing before the planning commission. Notice of the time and place of the hearing, together with the nature and extent of the proposed amendment shall be published in an official newspaper or a newspaper of general circulation in the county at least ten (10) days prior to any hearing.

   (C)   Action Of Planning Commission: After the conclusion of the hearing on a proposed amendment, the planning commission shall make a report and recommendation to the board of county commissioners with respect to the same, and shall file with the county clerk an attested copy thereof.

   (D)   Action Of The Board Of County Commissioners: Upon receipt of the report of the planning commission on a proposed amendment, the board of county commissioners shall set the matter for public hearing after notice thereof is given as set forth in subsection (B) of this section. After the conclusion of the hearing, the board of county commissioners may adopt the amendment proposed, or any part thereof, in such form as the board of county commissioners may deem to be in the public interest.

   (E)   Exceptions: Subsection (D) of this section shall not be construed to apply to a request for change of zoning within the interior boundaries of an existing zoned area. Such a request shall be treated pursuant to application before the planning commission as set forth in section 4-9-8 of this chapter. (Ord. 1980-H, 6-5-1980, eff. 6-25-1980; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

All changes of zoning pursuant to sections 4-9-7 and 4-9-11 of this chapter, shall be duly noted on the zoning map of the county of Elko within ten (10) days from the effective date of the change. (Ord. 1980-H, 6-5-1980, eff. 6-25-1980; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (A)   Zoning Enforcement Officer: The code enforcement officer for the division of planning and zoning shall have the duty and power to administer and enforce all of the provisions of this chapter, and to assist in that function he or his authorized representatives may be appointed by the sheriff as limited purpose deputies. (Ord. 2015-03, 4-1-2015, eff. 4-17-2015)

   (B)   Investigation: Alleged zoning violations shall be investigated, and if it appears that a zoning violation does exist, the owner and/or person in possession or control of the property shall be notified of the alleged violation and requested to correct the same.

      1.   Corrective actions could include, but are not limited to:

         (a)   Removal of personal property, including vehicles, or abatement of conditions which are in violation of the applicable zoning regulations.

         (b)   Discontinuance of the use of a secondary building as an unauthorized dwelling, such as a mobile home, modular building, manufactured home or camp trailer.

         (c)   Correction of a setback violation by moving or removing the building or other structure.

         (d)   Application for and obtaining a variance, zone change, or conditional use permit appropriate to the use on the property.

   (C)   Oral Or Written Warnings: An oral or written warning may be given to any person suspected of violating the provisions of this title. The warning may precede or be issued in lieu of a written citation. (Ord. 1994-D, 4-7-1994, eff. 4-21-1994; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (D)   Written Citations: The Code Enforcement Officer for the Division of Planning and Zoning or his authorized representatives may prepare, sign, and serve written citations on persons alleged to have violated the provisions of this title.

   (E)   Entry On Property: Persons charged with zoning enforcement pursuant to subsection (A) of this section, are authorized to enter upon private property for enforcement purposes. The authority granted by this subsection does not authorize entry into any building on private property without the consent of the owner or other person managing or controlling said building. Entry into any building on private property may be obtained upon application to the Justice Court and upon good cause shown. (Ord. 2015-03, 4-1-2015, eff. 4-17-2015)

   (A)   Nuisance Declared: Any building, structure or any use of property contrary to or in violation of the provisions of this title is unlawful, and is hereby declared to be a public nuisance. The District Attorney may commence proceedings for the abatement thereof in the manner provided by law.

   (B)   Penalties: In addition to any other remedies provided for by law, any person, whether the owner of the property, tenant, lessee, licensee, or trespasser, or whether acting as principal, agent, employee, or in any other capacity, who violates any of the provisions of this title, or suffers a violation to occur, is guilty of a misdemeanor, and shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in jail for not more than six (6) months, or by both such fine and imprisonment.

      1.   A person shall be deemed guilty of a separate offense for each day during which any such violation is committed, permitted or is continued.

      2.   Conviction and punishment of a person shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, or prevent the correction or removal thereof. (Ord. 1994-D, 4-7-1994, eff. 4-21-1994; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996)

   (C)   Remedies: The Assistant County Manager for the Division of Planning and Zoning shall have the authority to commence legal action in the name of the County to enforce the provisions of this title. (Ord. 2015-03, 4-1-2015, eff. 4-17-2015)

The Senior Planner of the Planning and Zoning Department may, at his/her discretion, approve a minor deviation of up to nine percent (9%) of the height of an accessory building constructed pursuant to subsections 4-2-2(E) and 4-2-3(E) of this title, if the applicant obtains the written consent of all owners of any real property affected by the minor deviations.

If the applicant is dissatisfied with the decision of the Senior Planner, the decision or determination may be appealed to the Elko County Commissioners pursuant to the appeals procedure in section 4-9-10 of this chapter. (Ord. 02-2019, 3-6-2019, eff. 4-19-2019)