Elko New Market City Zoning Code

   A.   The purpose of this chapter is to establish standards for the installation of landscaping as may be required by other provisions of this title and to protect the health, safety, and general welfare of the city.

   B.   The quality and specifications identified in this chapter are intended to guide landscaping within residential, business, industrial and institutional zoning districts.

   C.   All landscaping shall be designed to add visual beauty to the property. The quantity and quality of the design shall be compatible with each zoning district and the intended use of the property. (Ord. 5, 12-14-2006)

   A.   Deposit Of Materials On Public Ways Prohibited: Landscaping rocks, black dirt, soil, other landscaping material, etc., shall not be dumped on city streets or drainage easements on a temporary or permanent basis.

   B.   Planting In City Right Of Way Prohibited: Trees, shrubs, and any other obstructions that are deemed inappropriate by the city are not permitted within the street right of way. If trees, shrubs, or other obstructions are installed within the street right of way, the city shall enter the lot, remove the obstruction, and assess the cost to the property taxes.

   C.   Erosion Control: Erosion control shall be required within all zoning districts and shall comply with chapter 11 of this title.

   D.   Tree And Woodland Preservation: For all new developments, tree and woodland preservation shall comply with section 11-11-9 of this title.

   E.   Utilities To Be Located: Prior to the commencement of any digging, grading or planting, all underground utilities shall be located. The contractor is responsible for all damage, repairs and delay of service as a result of damage to aboveground or belowground utilities.

   F.   Minimum Nursery Stock Sizes: For all new developments, remodeling or construction of new expansions within multi- family, commercial, industrial or institutional zoning districts, the following minimum nursery stock sizes shall be required at the time of planting and apply to all zoning districts. All measurements shall conform to the standards set forth in the current edition of the "USA Standards Of Nursery Stock". Larger plants may be used or specified at any time. Tree trunk diameter shall be measured six inches (6") to eight inches (8") above the ground level.

 

   G.   Planting Schedules: All plants to be installed shall be identified and approved by the city prior to installation. Plants shall be identified by a planting schedule which includes:

      1.   Quality to be installed.

      2.   Common name.

      3.   Botanical name.

      4.   Plant size.

      5.   Root type (B&B, container, bare root).

   H.   Plant Location: No plants except flowers, ground covers, or vines shall be placed within two feet (2') of any building, driveway or parking area unless specifically noted on the landscape plan.

   I.   Staking Of Trees: The property owner is responsible for keeping trees in a vertical position. When staking or guying is required, it shall occur so as not to create any hazards or unsightly obstacles. All wires shall be encased in hose to prevent tree damage.

   J.   Plant Hardiness: All plants specified and installed shall be nursery grown and identified as hardy plants which are appropriate for all seasonal conditions. Plants shall be sound, healthy, vigorous, and free of disease, insect eggs and larvae. (Ord. 5, 12-14-2006)

   A.   R-1 Suburban Single-Family, R-2 Urban Residential (Small Lot) And R-3 Medium Density (Single-Family) Districts:

      1.   Security: Before a building permit is issued for a new single-family home, a cash escrow or irrevocable letter of credit shall be furnished to the city to guarantee compliance with the landscaping and erosion control requirements of the lot in an amount set by the city council under its fee schedule. All front yards, boulevards and side yards shall have sod properly installed within sixty (60) days after the home is constructed upon the lot unless it is after September 1 and before May 15. The letter of credit shall be in a form and from a bank acceptable to the city administrator.

      2.   Failure To Install Required Landscaping: If the items mentioned in subsection A1 of this section are not completed in a timely manner, the city shall enter the lot, perform the work and apply the cash escrow or draw on the letter of credit toward any cost or expense incurred by the city for completion of the work. Upon satisfactory completion of the sodding or landscaping, the cash escrow, without interest, less any draw made by the city, shall be returned to the person who deposited the funds with the city or, in the case of a letter of credit, the remaining amounts on the letter of credit shall be released. (Ord. 123, 10-8-2015)

      3.   Topsoil And Sodding/Hydroseeding In New Subdivisions:

         a.   The property owner shall spread a minimum of four inches (4") of topsoil over the boulevard, front, back and side yards. All boulevard, front and side yard areas shall be sodded except those areas that are landscaped. Rear yards shall be seeded (established), hydroseeded (established) or sodded.

         b.   Homes that receive a temporary certificate of occupancy between May 15 and September 1 shall have all landscaping in place sixty (60) days from the date the temporary certificate of occupancy is received. Homes that receive a temporary certificate of occupancy after September 1 and before May 15 shall have sixty (60) days from May 15 to complete the landscaping.

         c.   The distance from building siding, untreated wood, to the top of the sod shall be a minimum of six inches (6") to satisfy building code requirements.

      4.   Trees Required For New Subdivisions And Existing Lots: In new subdivisions or existing lots, trees shall be planted. Permitted tree species and placement shall be in accordance with details on file with the building official. All required trees shall be planted by the property owner in accordance with the requirements in this chapter. The following tree specifications shall apply to each lot:

         a.   Number And Location: Two (2) trees shall be required per lot. Required trees shall be planted in the front yard, outside of any easement dedication and a distance of at least ten feet (10') from the front property line, and five feet (5') from any side property line. If not possible to fit two (2) trees in the front yard, one (1) may be placed in the back yard. For corner lots, one (1) tree must be placed on each front yard.

         c.   Planting In Easements; Clear View Triangle: No required tree shall be planted inside of any drainage or utility easement or within a fifty foot (50') clear view triangle on corner lots. The clear view triangle is as set out in section 11-4-16 of this title. (Ord. 5, 12-14-2006; amd. 2011 Code)

         d.   Type: Trees shall consist of nursery stock and be no less than the following sizes and species:

         (2)   Coniferous trees: No less than six feet (6') high.

         (3)   Trees shall include those species shown on the following table:

 

      5.   Other Tree Species; Prohibited Trees: Other species of trees may be approved by the building official or Zoning Administrator. Ornamental trees or trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. Trees which shall not be planted to comply with the subdivision requirements are as follows:

 

(Ord. 45, 9-24-2009)

   B.   R-3 Medium Density (Attached) Residential And R-4 High Density Residential Districts:

      1.   At least thirty percent (30%) of the total site area shall be landscaped. For purposes of this subsection, landscaping shall also include prairies, wetlands, woodlands, ponds, pervious play areas, outdoor tennis courts, and outdoor swimming pools. (Ord. 196, 8-8-2019)

      2.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      3.   A landscape plan identifying all areas to be sodded and landscaped shall be clearly shown. Foundation planting plans are also required to be at a readable scale. Detailed enlargements may be required if necessary. A planting schedule shall be required. The landscape plan shall describe or diagram the type of edging and mulch cover to be used. The landscape plan shall identify any unique features or special areas of the site which would require special attention, i.e., steep slopes, erosion control matting, retaining walls, natural areas, or wildflower seeding.

      4.   All properties shall provide inground irrigation systems to all landscaped areas. (Ord. 5, 12-14-2006)

   C.   R-5 Downtown Residential Districts:

      1.   At least twenty percent (20%) of the total site area shall be pervious landscaped area. For purposes of this subsection, landscaping shall also include wetlands, ponds, and pervious play areas.

      2.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      3.   A landscape plan identifying all areas to be sodded and landscaped shall be clearly shown. Foundation planting plans are also required to be at a readable scale. Detailed enlargements may be required if necessary. A planting schedule shall be required. The landscape plan shall describe or diagram the type of edging and mulch cover to be used. The landscape plan shall identify any unique features or special areas of the site which would require special attention, i.e., steep slopes, erosion control matting, retaining walls, natural areas, or wildflower seeding. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 244, 3-10-2022; Ord. 251, 6-23-2022; Ord. 307, 10-10-2024)

   A.   B-1 Neighborhood Business Districts:

      1.   At least twenty percent (20%) of the land area shall be landscaped with approved ground cover, shrubbery and trees. All boulevard, front and secondary front yard areas shall be sodded. Side and rear yard areas shall be sodded, seeded (established) or hydroseeded (established).

      2.   At least three percent (3%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

      3.   A minimum landscaped buffer area twenty feet (20') in width shall separate any parking, driveway, or structure from a lot line common with any residential district.

      4.   All properties shall provide inground irrigation systems within front and secondary front yard areas and within yards adjacent to residential districts.

      5.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      6.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting.

   B.   B-2 Downtown Business Districts:

      1.   All properties shall provide inground irrigation systems to all landscaped areas.

      2.   At least three percent (3%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

      3.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      4.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting.

   C.   B-4 Highway Business Districts:

      1.   At least twenty percent (20%) of the land area shall be landscaped with approved ground cover, shrubbery and trees. All boulevard, front and secondary front yard areas shall be sodded. Side and rear yard areas shall be sodded, seeded (established) or hydroseeded (established).

      2.   At least three percent (3%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

      3.   A minimum landscaped buffer area thirty feet (30') in width shall separate any parking, driveway, or structure from a lot line common with any residential district.

      4.   All properties shall provide inground irrigation systems within front and secondary front yard areas and within yards adjacent to residential districts.

      5.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      6.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting.

   D.   B-5 General Business Districts:

      1.   At least twenty percent (20%) of the land area shall be landscaped with approved ground cover, shrubbery and trees. All boulevard, front and secondary front yard areas shall be sodded. Side and rear yard areas shall be sodded, seeded (established) or hydroseeded (established).

      2.   At least three percent (3%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

      3.   A minimum landscaped buffer area twenty feet (20') in width shall separate any parking, driveway, or structure from a lot line common with any residential district.

      4.   All properties shall provide inground irrigation systems within front and secondary front yard areas and within yards adjacent to residential districts.

      5.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      6.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting.

   E.   B-6 Business Campus Districts:

      1.   At least twenty percent (25%) of the land area shall be landscaped with approved ground cover, shrubbery and trees. All boulevard, front and secondary front yard areas shall be sodded. Side and rear yard areas shall be sodded, seeded (established) or hydroseeded (established).

      2.   At least five percent (5%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

      3.   At least fifty percent (50%) of the total building perimeter shall be sodded or landscaped with approved ground cover, shrubbery and trees.

      4.   A minimum landscape buffer area thirty feet (30') in width shall separate any parking, driveway or structure from a lot line common with any residential district.

      5.   A minimum landscape buffer area ten (10') in width shall separate any parking, driveway or structure from any public right of way.

      6.   All properties shall provide inground irrigation systems within front and secondary front yard areas and within yards adjacent to residential districts.

      7.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      8.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting.

   F.   B-7 Mixed Use Districts:

      1.   At least twenty percent (20%) of the land area shall be landscaped with approved ground cover, shrubbery and trees. All boulevard, front and secondary front yard areas shall be sodded. Side and rear yard areas shall be sodded, seeded (established) or hydroseeded (established).

      2.   At least three percent (3%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

      3.   A minimum landscape buffer area twenty feet (20') in width shall separate any parking, driveway, or structure from a lot line common with any residential district.

      4.   All properties shall provide inground irrigation systems within front and secondary front yard areas and within yards adjacent to residential districts.

      5.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      6.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting. (Ord. 5, 12-14-2006; amd. Ord. 244, 3-10-2022; Ord. 295, 5-23-2024)

   A.   I-1 Limited Industrial Districts:

      1.   At least twenty percent (20%) of the land area shall be landscaped with approved ground cover, shrubbery and trees. All boulevard, front and secondary front yard areas shall be sodded. Side and rear yard areas shall be sodded, seeded (established) or hydroseeded (established).

      2.   At least five percent (3%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

      3.   At least fifty percent (50%) of the total building perimeter shall be sodded or landscaped with approved ground cover, shrubbery and trees.

      4.   A minimum landscape buffer area thirty feet (30') in width shall separate any parking, driveway or structure from a lot line common with any residential district.

      5.    A minimum landscape buffer area ten feet (10') in width shall separate any parking, driveway or structure from any public right of way.

      6.   All properties shall provide inground irrigation systems within front and secondary front yard areas and within yards adjacent to residential districts.

      7.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      8.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting.

   B.   I-2 General Industrial Districts:

      1.   At least twenty percent (20%) of the land area shall be landscaped with approved ground cover, shrubbery and trees. All boulevard, front and secondary front yard areas shall be sodded. Side and rear yard areas shall be sodded, seeded (established) or hydroseeded (established).

      2.   At least eight percent (5%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

      3.   A minimum landscaped buffer area forty feet (40') in width shall separate any parking, driveway, or structure from a lot line common with any residential district.

      4.   A minimum landscape buffer area twenty feet (20') in width shall separate any parking, driveway or structure from any public right of way.

      5.   All properties shall provide inground irrigation systems within front and secondary front yard areas and within yards adjacent to residential districts.

      6.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

      7.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting. (Ord. 5, 12-14-2006; amd. Ord. 244, 3-10-2022)

   A.   At least thirty percent (30%) of the land area shall be sodded and landscaped with approved ground cover, shrubbery and trees.

   B.   At least eight percent (8%) of the total land area within the parking and driveway areas of a site shall be landscaped. This area is counted as part of the overall required green area.

   C.   At least fifty percent (50%) of the total building perimeter shall be sodded or landscaped with approved ground cover, shrubbery and trees.

   D.   A minimum landscape buffer area twenty feet (20') in width shall separate any parking, driveway or structure from a lot line common with any residential district.

   E.   All properties abutting residential districts shall provide inground irrigation systems to all landscaped areas.

   F.   All areas disturbed by grading which are not built upon, paved or retained as a natural area shall be sodded and/or landscaped unless specifically approved as part of the overall landscape plan.

   G.   All new plants shall be guaranteed for twelve (12) months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for twelve (12) months from the time of planting. (Ord. 5, 12-14-2006)