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Elko New Market City Zoning Code

CHAPTER 24

ZONING DISTRICTS, MAP AND LAND USE TABLE

11-24-1: DISTRICTS ESTABLISHED:

In order to classify, regulate and restrict the location of trade and industry, and the location of buildings designated for specific uses, to protect residential uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards and open space within and surrounding such buildings, the city is hereby divided into zoning districts. The use, height and area regulations shall be uniform in each district, and said districts shall be known as:
Residential districts:
 
R-1
Suburban single-family residential district
 
R-2
Urban (small lot) single-family residential district
 
R-3
Medium density residential district
 
R-4
High density residential district
 
R-5
Downtown residential district
Business districts:
 
B-1
Neighborhood business district
 
B-2
Downtown business district
 
B-4
Highway business district
 
B-5
General business district
 
B-6
Business campus district
 
B-7
Mixed use business district
Industrial districts:
 
I-1
Limited industrial district
 
I-2
General industrial district
Special districts:
 
UR
Urban reserve district
 
INS
Institutional district
 
PUD
Planned unit development district
 
FP
Floodplain overlay district
 
(Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 111, 7-24-2014; Ord. 244, 3-10-2022; Ord. 295, 5-23-2024)

11-24-2: ZONING MAP:

The location and boundaries of the districts established by this chapter are hereby set forth on the zoning map entitled "Elko New Market Zoning Map". Said map shall be on file with the zoning administrator and hereinafter referred to as the "zoning map". Said map and all the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this title by reference. It is the responsibility of the zoning administrator to maintain the Elko New Market zoning map, and amendments thereto shall be recorded on said map. The official Elko New Market zoning map shall be kept on file with the city. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-24-3: DETERMINATION OF DISTRICT BOUNDARIES:

   A.   Zoning district boundary lines established by this title generally follow lot lines, the centerlines of railroad rights of way, street rights of way, watercourses or the corporate limit lines, all as they exist upon the effective date hereof. Appeals concerning the exact location of a zoning district boundary line shall be heard by the city council serving as the board of zoning appeals and adjustments pursuant to subsection 11-3-1F of this title.
   B.   Whenever any street, alley or other public way is vacated by official action by the city, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
   C.   All streets, alleys, public ways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property in the most restrictive classification immediately abutting such alleys, streets, public ways or railroad rights of way. Where the centerline of a street, alley, public way or railroad right of way serves as a district boundary, the zoning of such area, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
   D.   All areas within the corporate limits of the city which are under water and which are not shown as included within any zone shall be subject to all regulations of the zone which immediately adjoins such water area. If such water area adjoins two (2) or more zones, the boundaries of each zone shall be construed to be extended into the water area in a straight line until they meet the other district at the halfway point and/or to the corporate limits. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-24-4: ZONING OF ANNEXED LAND:

All territory hereafter annexed to the city which is not shown on the zoning map shall automatically, upon annexation, be classified within the UR urban reserve district and shall be subject to all regulations, notations, references and conditions as are applicable to said district until such time that a determination may be made as to the proper district classification for such territory and an amendment can be made to that effect. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

11-24-5: LAND USE TABLE:

Land Use Table
P = Permitted Use PA = Permitted Accessory Use C = Conditional Use
I = Interim Use A = Administrative Use Blank = Prohibited Use
Land Use
R-1
R-2
R-3
R-4
R-5
B-1
B-2
B-4
B-5
B-6
B-7
I-1
I-2
UR
INS
Land Use Table
P = Permitted Use PA = Permitted Accessory Use C = Conditional Use
I = Interim Use A = Administrative Use Blank = Prohibited Use
Land Use
R-1
R-2
R-3
R-4
R-5
B-1
B-2
B-4
B-5
B-6
B-7
I-1
I-2
UR
INS
Accessory and secondary use antennas
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
Accessory drive-through facilities
C
A
A
A
Accessory dwelling units
PA
PA
PA
Accessory enclosed retail, rental, or service activity, the area of which does not exceed twenty percent (20%) of the gross floor area of the principal use
PA
PA
Accessory outdoor dining/seating
C
C
C
Accessory outdoor dining/seating, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use
A
A
A
A
A
Accessory outdoor dining/seating, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use
C
C
C
C
C
Accessory outdoor sales and display
C
Accessory outdoor sales and display, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use
A
A
A
A
A
Accessory outdoor sales and display, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use
C
C
C
C
C
Accessory structures
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
Accessory structures, but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use
PA
PA
PA
PA
PA
Accessory structures, but such use shall not exceed fifty percent (50%) of the gross floor space of the principal use
PA
PA
PA
Amateur radio antennas
A
A
Animal shelters as an accessory to animal feed stores
I
Apartments containing more than eight (8) attached units
P
Apartments, up to eight (8) attached units
P
Auto repair, major
C
P
P
P
Auto repair, minor
C
C
P
C
P
Bed and breakfast
P
Boarding or renting of rooms to not more than two (2) individuals per dwelling unit
PA
PA
PA
Breweries with taprooms
C
C
Breweries without a taproom
P
P
Breweries, small, with taprooms
C
C
C
C
C
C
P
Brewpubs
P
P
P
P
P
Cannabis cultivator (indoor)
P
P
P
Cannabis cultivator (outdoor)
P
Cannabis delivery service
P
P
P
Cannabis manufacturer
P
P
P
Cannabis mezzobusiness
P
P
P
Cannabis microbusiness
P
P
P
Cannabis retailer
P
P
P
P
P
P
Cannabis testing facility
P
P
P
Cannabis transportation
P
P
P
Cannabis wholesaler
P
P
P
Cemeteries
C
C
C
C
Clinics
P
P
P
P
P
Colleges, seminaries, and other institutions of higher education
C
Commercial and public radio and television transmitting antennas, and public utility microwave antennas
C
Commercial car washes
C
C
C
C
Commercial kitchens
P
P
P
Commercial outdoor recreation
C
C
C
Commercial, private, and public satellite dish transmitting or receiving antennas greater than two meters (2 m) in diameter
C
C
C
C
C
C
C
C
Community center
C
Contractor operations
P
P
P
Crematorium
P
Cultural establishment
P
P
P
P
Daycare facilities (in home)
PA
PA
PA
PA
PA
PA
PA
Daycare facilities
P
C
P
P
P
Detached accessory dwelling unit
C
C
C
Distilleries with a cocktail room
C
C
Distilleries without a cocktail room
P
P
Driving ranges as a principal use
I
I
I
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty five kilovolts (35 kV) and up to one hundred kilovolts (100 kV)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Event centers
C
P
C
P
Farms, farmsteads and farming
P
I
Forestry, nurseries, greenhouses and tree farms, excluding retail sales
P
Funeral homes or mortuaries
P
P
P
Gardening and other horticultural uses where no sale of products is conducted on the premises
PA
PA
PA
Golf courses
C
C
Governmental and public utility buildings
P
P
P
P
P
P
P
Ground source heat pump systems
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
Heavy equipment sales
C
C
Heavy equipment service
C
C
Home occupations
PA
PA
PA
PA
PA
PA
PA
PA
Hospitals
C
C
C
C
C
Interim home occupations
I
I
I
I
I
Keeping of animals
PA
PA
PA
PA
PA
Keeping of backyard chickens
PA
PA
Keeping of domestic animals for noncommercial purposes
PA
PA
PA
Kennel, commercial animal
C
C
C
C
C
C
Living quarters which are provided as an accessory use to a principal or conditional use in this article
C
Lower-potency hemp edible manufacturer
P
P
P
Lower-potency hemp edible retailer
P
P
P
P
P
P
Lumberyards
C
C
P
P
Manufactured home parks
C
C
Manufacturing, heavy
P
Manufacturing, light
C
P
P
Medical cannabis combo business
P
P
Medical cannabis cultivator
P
P
P
Medical cannabis processor
P
P
P
Medical cannabis retailer
P
P
P
P
P
P
Microdistilleries with cocktail rooms
C
C
C
C
C
Mining and land reclamation
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ministorage/self-service storage facilities
C
C
C
Mixing of residential and business uses within one principal building
C
Model homes
A
A
A
A
More than one principal building on a base lot
P
P
P
P
P
P
P
P
P
Motels and hotels
P
P
P
Motor fuel stations
C
C
C
C
Motor vehicle sales
C
P
Multiple-family dwelling structures containing six (6) or more dwelling units
P
Off street parking
PA
PA
PA
PA
Off street parking and off-street loading
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
Off street parking lots as a principal use, with the exception of semi-trailer trucks
P
C
Office
P
P
P
P
P
P
PA
PA
Operation and storage of vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district
PA
Outdoor sale and/or rental as a principal or accessory use
C
C
C
Outdoor service as a principal or accessory use
C
C
C
Outdoor storage as a principal or accessory use
C
C
Outdoor storage as an accessory use
C
PA
Parks, play fields, recreational uses and directly related buildings and structures
P
P
P
P/P A
Personal services
P
P
P
P
P
Personal wireless service antennas located on public structure or existing tower
P
P
P
P
P
P
P
P
Personal wireless service antennas located upon a structure
A
A
A
A
A
A
Personal wireless service antennas not located on public structure or existing tower
C
C
C
C
C
C
C
C
C
C
C
C
Play and recreational facilities, accessory to an existing permitted use
PA
PA
Play equipment accessory to a permitted use
PA
PA
PA
Preschool, elementary, junior or senior high schools
P
Private clubs or lodges
C
C
C
C
C
C
Private garages and parking spaces for operable passenger cars and trucks
PA
Private recreational vehicles and equipment
PA
PA
PA
Recreation, commercial
C
C
C
C
C
C
Recreation, physical
P
P
P
P
P
P
P
P
Religious institution
P
Research facility
P
P
P
Residential dwellings which do not occupy the ground floor space of a building
P
P
Residential programs as regulated by State Statute
P
P
P
P
P
P
P
C
Restaurants
P
P
P
P
P
Retail establishments
P
P
P
P
PA
P
Roof mounted wind energy systems which extend not more than six feet (6') above the highest point of the roof
PA
PA
PA
PA
PA
PA
PA
Satellite antennas greater than two meters (2 m) in diameter
C
C
C
C
C
C
C
C
C
Satellite TVROs greater than one meter (1 m) in diameter
C
C
C
C
C
C
Service establishments
P
P
P
P
P
P
Sexually oriented business
P/PA
P/PA
P/PA
P/PA
P/PA
P/PA
Signs
PA
PA
PA
PA
PA
PA
PA
PA
PA
Single-family detached dwellings
P
P
P
Single-family dwellings with density not greater than one dwelling unit per forty (40) acres
P
Solar energy systems
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
Stands for agricultural products produced on the premises by owner
C
Storage of private recreational vehicles and equipment
PA
Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests
PA
PA
PA
Temporary outdoor uses
A
A
A
A
A
A
A
A
A
Temporary outdoor uses for the sale of agricultural products restricted to farms
P
Tool houses, toolsheds and similar buildings for storage of domestic and farm supplies and noncommercial recreational equipment
PA
Townhouses and condominiums containing more than eight (8) attached units
P
Townhouses and condominiums, up to eight (8) attached units
P
Truck stop
C
Truck terminals
P
Two family dwelling units
P
Veterinary clinic, without animal kennels
P
P
P
P
Warehousing/distribution
P
P
P
Wholesale showrooms
P
P
P
Wildlife areas and game refuges
P
Wind energy systems up to fifty feet (50') in height
PA
PA
Wind energy systems up to forty-five feet (45') in height
PA
PA
Wind energy systems up to seventy-five feet (75') in height
C
C
C
C
C
C
C
Wind energy systems up to thirty-five feet (35') in height
PA
PA
PA
PA
PA
 
(Ord. 244, 3-10-2022; amd. Ord. 295, 5-23-2024; Ord. 309, 11-14-2024; Ord. 323, 4-10-2025; Ord. 330, 7-10-2025)