Sections:

Sections:

This title shall be known and may be cited in all proceedings as the Lander County zoning ordinance.

(Ord. 94-4 § 12.01.01, 1994)

A.

To promote the health, safety and general welfare; to lessen traffic congestion and reduce hazards in the streets; to preserve recognized values of historic and community appearance and character; to provide light and air for all buildings; to avoid undesirable concentration of population; to facilitate development of transportation, water, sewage, schools, parks and other public requirements, and to provide the economic and advantages gained of comprehensively planned use of land resources, there is established a land use plan for the county of Lander.

B.

In interpretation and application, provisions of this chapter shall be held to be minimum provisions only. It is not extended that this chapter repeal or interfere with existing law, regulations or permits other than those relating to land use and construction, placement and use of structures.

C.

When this chapter imposes a greater restriction than existing provisions of law or private covenant or other restrictions, the provisions of this chapter shall prevail; private covenants or deed restrictions which impose more restrictive conditions than herein contained are not superseded by this chapter, but are not enforceable by this chapter.

(Ord. 94-4 § 12.01.02, 1994)

A.

This chapter, to be known as the zoning ordinance of the county of Lander and the zoning map of said county hereby made part, is adopted as constituting a part of the master plan of the county of Lander pursuant to the provisions of Chapter 278, Nevada Revised Statutes, as they may hereafter be amended or supplemented.

B.

The provisions of this chapter shall be construed as restatements and continuations and not as new enactments.

The adoption of this chapter shall not constitute a validation of any use not conforming with the provisions of the district in which it is located.

(Ord. 94-4 § 12.01.03, 1994)

The following legal concepts, adopted in the form of common law or case law by the Nevada Supreme Court, are adopted.

A.

The public is entitled to rely on the stability of zoning.

1.

Zoning or classification of parcels into specific land use districts is presumed to be correct and lawful at the time of such classification.

a.

Once lawfully adopted, zoning classifications are not to be changed unless the proponent of change affirmatively shows:

i.

The land use classification was illegally or improperly adopted, or

ii.

Conditions within the area for which rezoning is sought have changed to such an extent that the current zoning no longer is reasonable or proper.

b.

The mere fact that a different land use classification would permit a property owner to make a more profitable use of land is not, by itself, a sufficient reason to justify rezoning.

i.

Greater profitability for the owner of land is not ever a consideration in determining whether a variance of land use is to be granted for a particular parcel.

(A)

The fact that no economic use of a parcel is possible unless a variance is granted shall be considered in determining whether a variance is to be granted.

2.

Spot zoning is presumed to be illegal.

a.

Spot zoning may be permitted if the proponent of such zoning affirmatively shows:

i.

The proposed spot zoning will not adversely affect or modify the general applicability and rationality of the area land use classification wherein the rezoning is proposed, and

ii.

The spot zoning is reasonably necessary to enjoyment by area residents of the area's principal land use district classification.

b.

Whether a land use classification is spot zoning is not determined solely by the size of the parcel or parcels being classified.

i.

The size of the parcel or parcels being reclassified in comparison to the size of an area's principal land use district classification is relevant, but not controlling, in determining whether a land use classification constitutes spot zoning.

(Ord. 94-4 § 12.01.04, 1994)

A.

Certain words and phrases are defined and certain provisions shall be construed as herein set forth unless it shall be apparent from the context that they have a different meaning. All words used in the present tense shall include the future; all words in singular include the plural; the word "building" includes the word "structure" and "excavation"; the word "shall" is mandatory; the word "person" includes a "firm," "partnership," "association," "corporation" and "natural person"; the word "used" includes the words "arranged" and "designed" or "intended to be used," the word "construct" includes the words "erect," "reconstruct," "alter" or "move upon."

B.

All other definitions shall be those established by common usage as set forth by accepted dictionaries.

(Ord. 94-4 § 12.02 (part), 1994)

The following definitions apply:

A.

"Access" means a clear and unobstructed, usable approach of not less than twenty feet width to a legally dedicated public way.

B.

"Accessory building or structure" means a subordinate building or structure customarily incidental to and located upon the same lot occupied by the main use or building, excluding fences.

C.

"Airport" means all public and private airports located in Lander County.

D.

"Airport elevation" means the highest point of an airport's usable landing area measured in feet from such mean sea level.

E.

"Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

F.

"Alley" means a public thoroughfare or way less than thirty feet wide and/or a secondary means of access to abutting property.

G.

"Amendment" means any official change or modification in the Lander County master plan, or zoning ordinance after duly advertised public hearings have been held.

H.

Apartment house. Same as dwelling (multiple).

I.

Approach, Transitional, Horizontal and Conical Zones.

These zones apply to the area under the airport approach, transitional, horizontal and conical surfaces defined in FAA, Part 77.

J.

"Automobile and trailer sales area" means an open area used for display, sales and/or rental of new or used automobiles and trailer coaches and where no repair work is done except minor incidental repairs on automobiles and trailers to be displayed, sold or rented on the premises.

K.

"Auto service station (or gas station)" means an area used exclusively for retail sales of fuel, parts and equipment for and servicing motor vehicles, having storage tanks and pumps located thereon, and including minor repairs, or other similar activities.

L.

Billboards. See sign: general advertising sign.

M.

"Boarding (or rooming) house" means a building or portion thereof (not a hotel or motel) where, for compensation, meals and/or lodging are provided for more than two guests.

N.

"Borrow pit" means a source for gravel or other fill to be transported to another location for use.

O.

"Building" means any structure having a roof supported by walls or columns, for the housing or enclosure of persons, animals or personal property.

P.

Building, Accessory. "Accessory building" means a subordinate building, the use of which is incidental to that of the main building, or a potential main building.

Q.

"Building height" means a vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the decline of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.

R.

"Building official" means the duly authorized official of Lander County charged with the issuance of building permits and enforcement of applicable portions of this chapter and certain other Lander County codes and ordinances.

S.

"Building permit" means the required permit to be issued by the building official before any building or structure is started, erected, reconstructed, enlarged or altered.

T.

"Carport" means a shelter for motor vehicles with a roof and open sides either attached or detached to a dwelling.

U.

"Cemetery" means land used for the interment, including columbariums, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundary of such cemetery.

V.

"Certificate of occupancy" means the required permit to be issued by the building official before any converted, erected, installed, reconstructed, enlarged or altered building or structure is used or occupied.

W.

"Child care facility" means any place, home, institution or establishment in which five or more children under eighteen years of age, other than those of the owner, are received and cared for with or without compensation.

X.

"Club" means a nonprofit association of persons organized, for some common purpose, usually not a commercial enterprise.

Y.

"Commercial coach" means a vehicle certified as commercial coach by the Nevada Division of Manufactured Housing.

Z.

Commissions and Public Officials. The terms "county," "county commissioners," "county clerk," "district attorney," "county engineer," "building official or department," and "planning commission" mean the county, county commissioners, district attorney, county engineer, building official or department and planning commission of, or empowered to act for, the county of Lander, Nevada.

AA.

"Dwelling" means:

1.

Any building or portion thereof, used exclusively for residential purposes but shall not including hotels, motels, clubs, boarding or rooming houses, fraternity or sorority houses, or institutions.

2.

"Single-family dwelling" means a building containing one kitchen, designed and/or used to house not more than one family, including necessary employees of such family,

3.

"Two-family dwelling" means a building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other, including necessary employees of each such family.

4.

"Multiple dwelling" means a building designed and/or used to house three or more families, living independently of each other, including necessary employees of each such family.

5.

"Unit dwelling" means a building or portion thereof containing one kitchen designed and/or used to house one family, including necessary employees of such family.

BB.

"Family" means one person living alone, or two or more persons related by blood, marriage or legal adoption, or a group not exceeding five persons living as a single housekeeping unit.

CC.

"Gaming" means and includes all games or devices and any slot machines played for money or for checks or tokens redeemable in money, except for the purpose of this chapter only, the term "gaming" shall not be construed to include or mean slot machines when such machines are operated incidental or accessory to the conduct of business permitted under the provision of this title.

DD.

"Garage" means:

1.

"Private garage" means a space, including a carport, intended for or used for parking automobiles of families resident upon the lot.

2.

"Public garage" means a building for the care, repair, storage or hire for motor vehicles.

EE.

"Hospital" means a building used for the accommodation of the sick, injured or infirm, including clinics, sanitariums, convalescent and rest homes, boarding hospitals and homes for the aged.

FF.

"Hotel or resort hotel" means a building of six or more guest rooms as a temporary residence of individuals, lodged with or without meals, and where there are generally no provisions for cooking in an individual unit.

GG.

"Loading space" means an off-street space or berth of not less than ten feet by forty-five feet on the same lot with building or contiguous to a group of buildings for temporary parking of vehicles while handling merchandise or materials.

HH.

"Lot" means a distinct part or parcel of land divided with the intent to transfer ownership or for building purposes and which abuts upon a means of legal access:

1.

"Front line" means any lot dimension fronting a street.

2.

"Width" means distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear line.

3.

"Depth" means the distance between the front and rear lot lines measured in the mean direction of the side lines.

II.

"Manufactured building" means any modular building or any building constructed using one or more modular components.

JJ.

"Manufactured housing" means a residential dwelling unit constructed wholly or in significant part at a location other than the building lot where it is to be temporarily or permanently installed, and certified by the Nevada Division of Manufactured Housing as meeting the minimum requirements of FHA (HUD) Standards of 1976. Other related definitions include:

1.

"UBC manufactured housing" means manufactured housing built to conform to the provisions of the uniform codes adopted by the International Conference of Building Officials (ICBO).

2.

"Mobile home" means a residential dwelling unit constructed wholly or in significant part at a location other than the building lot where it is to be temporarily or permanently installed, but not necessarily meeting the minimum requirements of FHA (HUD) Standards of 1976.

KK.

"Manufactured housing park" means any area or lot or parcel used for parking of two or more manufactured homes used for housekeeping, sleeping, or living purposes.

LL.

"Manufactured housing subdivision" means any legally subdivided area containing individual lots, each of which is primarily designed for occupancy by a home or manufactured housing.

MM.

"Motel" means two or more accommodations for sleeping within a building used mainly by transients with an individual, private on-site parking area attached or accessible to each unit.

NN.

"Nonconforming use" means any pre-existing structure, object of natural growth or use of land which is inconsistent with the provisions of this title or an amendment thereto.

OO.

"Nonprecision instrument runway" means a runway having a instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

PP.

"Parcel of land" means any unit or contiguous units of land in the possession of or recorded as the property of one person.

QQ.

"Parking space" means a permanently maintained space on a lot or parcel, suitable for the parking of one automobile, not less than twenty feet long by nine feet wide.

RR.

"Patio" means a paved area (e.g., concrete, brick, stone, etc.) attached or detached to a dwelling and open to the sky.

SS.

"Person" means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative or any of them.

TT.

"Planned unit development" means a residential development in which the prevailing density regulations for the particular district apply to the project as a whole rather than to its individual lots.

UU.

"Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA approved airport layout plan, any other FAA planning document, or military service's military airport planning document.

VV.

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of the runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the runway center line.

WW.

"Recreational vehicle" means:

1.

"Camping trailer" means a folding structure usually made of canvas, mounted on wheels and designed for travel, recreation and vacation use.

2.

"Motor home" means a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of the self-propelled vehicle.

3.

"Pick coach/camper" means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

4.

"Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation and vacation uses; having a body width not exceeding eight feet; body length not exceeding twenty-eight feet; termed a "travel trailer" on the original manufacturer's certificate of origin.

XX.

"Required area" means the minimum area of a lot or parcel necessary to permit its use under the provisions of this chapter:

1.

Any lot shown as part of a subdivision recorded as a final plat in the manner provided by law;

2.

Any land separated as a lot or parcel prior to January 1, 1976, or the adoption of additional zoning districts, if the area and use comply with all other regulations pertaining to the district in which located; or

3.

Any lot or parcel of land which is not part of a recorded subdivision and cannot be readily combined by the owner with an adjacent lot or parcel also available to the owner, and further provided that the deed or contract of sale by which such property was defined is dated prior to January 1, 1976.

YY.

"Retail stores and shops" means buildings for display and sale of retail merchandise, for the rendering of personal service, e.g., drug store, newsstand, food store, candy shop, turquoise and silver shop, hardware store, household appliance store, furniture store, florist, optician, music and television store, barber and beauty shop, etc.

ZZ.

"Room" means an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchen, closets, hallways and porches.

AAA.

"Runway" means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

BBB.

"Setback line" means the minimum distance by which any building or structure must be separated from the front property line.

CCC.

"Sign" means any display of any letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface or any other thing, including, but not limited to, the ground, any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is located.

1.

"Sign structure" includes the supports, uprights, bracing and/or framework of any structure, be it single-faced, double-faced, v-type, or otherwise exhibiting a sign.

2.

"Business sign" is any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes other than paint on the surface of a building.

3.

"Directional sign" means a sign (one end of which may be pointed, or on which an arrow may be painted, indicating the direction to which attention is called), giving the name and approximate location only of the farm, or business responsible for the erection of same.

4.

"General advertising sign" means a sign which directs attention to a produce, commodity or service not necessarily conducted, sold or offered upon the same lot where such sign is located. (Includes billboards).

5.

"Temporary sign" means a sign applying to a seasonal or other brief activity such as, but not limited to, summer camps, horse shows, auctions or sale of land.

DDD.

"Special use permit (or conditional use permit)" means the permit required prior to commencing certain uses which are permitted conditionally in a district.

EEE.

"Spot zoning" means classification of a parcel or parcels into a land use which is different than the land use(s) for which an area generally is classified:

1.

Extension of a land use classification into a neighboring land use classification is not spot zoning, although the proposed extension and incursion may be unlawful for reasons not related to spot zoning concerns.

2.

Size of the parcel or parcels being classified is not solely determinative of whether a particular classification scheme constitutes spot zoning.

FFF.

"Street" means a public thoroughfare thirty feet or more in width serving as primary means of access to abutting property.

GGG.

"Structure" means any construction, including signs, the use of which requires permanent location on the ground.

HHH.

"Temporary structure" means a structure installed not to exceed six months duration and to be removed entirely at the expiration thereof.

III.

"Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

JJJ.

"Variance" means an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by the zoning ordinance. A variance is granted by the planning commission when literal enforcement would result in an unnecessary hardship to the landowner due to the unique characteristics of the parcel.

KKK.

"Visual runway" means a runway solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, or by any planning document submitted to the FAA by competent authority.

LLL.

"Wrecking yard" means any space used for storage, abandonment or sale of junk, scrap material or similar wastes, including the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts.

MMM.

"Yards" means an open space on the same lot or parcel with the building from the outer foundation line of the building to the nearest lot line, to be occupied and unobstructed except as provided:

1.

"Front yard" means a yard lying between the foundation of the building and the front property line and extending across the full width of the lot or parcel.

2.

"Side yard" means a yard lying between the side property line and the foundation of the building and extending from the front property line to the rear property line.

3.

"Rear yard" means a yard between the foundation of the building and the rear property line and extending across the full width of the lot or parcel.

(Ord. 97-5 § 1, 1997: Ord. 94-4 § 12.02 (part), 1994)