- Individual Land Use Districts
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Uses permitted in the A1 district on a lot or parcel having the required area and width:
A.
Single-family dwellings of a permanent nature and manufactured housing on a permanent or temporary foundation;
B.
Home occupations subject to the issuance of a home occupation special use permit;
C.
Farms for raising or growing and marketing on a commercial scale of poultry, rabbits, livestock, trees and bush crops, but not including commercial slaughtering;
D.
Buildings for sale and display of products grown or raised on the premises, provided no such buildings are situated closer than one hundred feet to any property classified as a residential district, or closer than thirty feet to any street or highway;
E.
Private buildings, corrals, coops, pens, stables or structures used in conjunction with farming, provided that they be located not closer than one hundred feet to any street, highway or to any land classified in a residential district;
F.
Public uses and utility serving centers, provided that they be located not closer than two hundred feet to any land classified as a residential district;
G.
Recreational and educational use and building, dude or guest ranches, churches, or other structures used exclusively for religious worship, tennis, golf, civic or country clubs, cemeteries, sanitariums, racetracks, fairgrounds, resorts, rodeo grounds, airports, radio towers, hunting, fishing, skiing lodges, game farms, garden nurseries, veterinary uses, bed and breakfast inns, public campgrounds (not manufactured housing parks) providing:
1.
A total area size of not less than three acres,
2.
Off-street parking of at least one space/three hundred square feet,
3.
A "buffer" strip of at least one hundred feet adjacent to all contiguous land,
4.
Individual units do not have kitchen facilities or equipment suitable for such use,
5.
Issuance of a special use permit;
H.
No detached accessory building or structure may be closer than ten feet to any property line nor between the front property line and the setback line.
(Ord. 94-4 § 12.05.01 (part), 1994)
The required area and width for the A1 district are as follows: one acre minimum area; one hundred twenty feet minimum width. There may be one or more single-family dwellings on a lot or parcel having an area in excess of two acres, provided there is not less than one acre for each unit and that such structures are not less than fifty feet apart.
(Ord. 94-4 § 12.05.01 (part), 1994)
Setback regulations in the A1 district are as follows:
A.
Front. Structures shall be located no less than thirty feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be twenty-five feet.
C.
Rear. The minimum rear yard for each main structure shall be fifty feet.
(Ord. 94-4 § 12.05.01 (part), 1994)
Uses permitted in the A2 district on a lot or parcel having the required area and required width:
A.
All uses permitted in zone A-1;
B.
Watershed protection, water storage reservoirs, pipelines, transmission lines and substations, irrigation canals and ditches;
C.
Commercial uses limited to livestock sales yards, dairies, kennels, when at least five hundred feet from any other district subject to issuance of a special use permit;
D.
Growing and preservation of trees and nursery stock, wildlife refuges.
(Ord. 94-4 § 12.05.02 (part), 1994)
The required area and width for the A-2 district are as follows: five acres minimum area; three hundred feet minimum width. There may be one or more single-family dwellings on a lot or parcel having an area in excess of ten acres, provided there are not less than five acres for each unit and that such structures are not less than sixty feet apart.
(Ord. 94-4 § 12.05.02 (part), 1994)
Setback regulations in the A-2 district are as follows:
A.
Front. Structures shall be located no less than fifty feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be twenty-five feet.
C.
Rear. The minimum rear yard for each main structure shall be fifty feet.
(Ord. 94-4 § 12.05.02 (part), 1994)
Uses permitted in the A-3 district on a lot or parcel having the required area and width:
A.
All uses permitted in zones A-1 and A-2; Bona fide watchman's quarters are permitted in an operating A-3 District, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal;
B.
Borrow pits, cemeteries, rifle ranges, highway and maintenance camps, sawmills; all subject to a special use permit;
C.
In all areas designated on the land use map as "flood plain," all uses shall be subject to the issuance of a special use permit. Building and development to be in accordance with the regulations issued by the United States department of housing and urban development and the federal emergency management agency;
D.
Residential housing developed as a planned unit development where individually owned parcels conform to the required area and width numbers contained in the PUD chapter of this title, and where land in common is devoted to open space uses other than residential uses, is subject to issuance of a special use permit.
(Ord. 94-4 § 12.05.03 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
The required area and width for the A-3 district are as follows: twenty acres minimum area; five hundred feet minimum width. There may be one or more single-family dwellings on a lot or parcel having an area in excess of forty acres, provided there is not less than twenty acres for each unit and that such structures are not less than one hundred feet apart.
(Ord. 94-4 § 12.05.03 (part), 1994)
Setback regulations in the A-3 district are as follows:
A.
Front. Structures shall be located no less than fifty feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be twenty-five feet.
C.
Rear. The minimum rear yard for each main structure shall be fifty feet.
(Ord. 94-4 § 12.05.03 (part), 1994)
Uses permitted on the R-1 districts on a lot or parcel with the required area and required width:
A.
Detached single-family dwellings of a permanent nature with a building permit value of fifty thousand dollars or more and having a minimum square footage of five hundred square foot of living space;
B.
Manufactured housing, modular housing or kit housing with a new sales price combined with building permit value of fifty thousand dollars or more, installed on a permanent foundation and converted to real property pursuant to NRS 361.244;
C.
Parks, recreational areas, churches, public uses, utility serving centers, child care facilities other than home occupations, public and religious schools, libraries, (but not including hospitals), provided all such facilities are set back at least fifteen feet from all property lines and subject to the issuance of a special use permit; or
D.
Home occupations subject to issuance of a home occupation special use permit.
(Ord. 2005-16 § 1, 2006: Ord. 94-4 § 12.05.04 (part), 1994)
The required area and width for the R-1 district are as follows: six thousand square feet minimum area, fifty feet minimum width. All corner lots shall have a minimum width of seventy feet and a minimum size of seven thousand square feet. There may be one or more single-family dwellings on a lot or parcel having an area in excess of twelve thousand square feet, provided there is not less than six thousand square feet for each unit and that such structures are no less than ten feet apart.
(Ord. 94-4 § 12.05.04 (part), 1994)
Setback regulations in the R-1 district are as follows:
A.
Front. Structures shall be located no less than fifteen feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be five feet for each side unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no side yard requirement.
C.
Rear. The minimum rear yard for each main structure shall be ten feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than five feet to any side or rear property line, nor between the front property line and the main structure.
E.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.04 (part), 1994)
(Ord. No. 2009-06, §§ 1, 2, 7-23-09)
Buildings may be erected up to twenty-six feet in height from grade. Flag poles, radio and television antennas, satellite dishes, and similar installations over thirty feet in height are subject to issuance of a special use permit.
(Ord. 94-4 § 12.05.04 (part), 1994)
It shall be permissible to erect, place and maintain manufactured housing on a lot within R-1 zoning provided said lot has the otherwise required area and width and subject to the following requirements:
A.
Minimum width of structure shall be twenty feet;
B.
Structures shall have a minimum of nine hundred sixty square feet of living space;
C.
Structures shall be placed on a permanent foundation meeting Uniform Building Code standards and shall be converted to real property pursuant to NRS 361.244;
D.
Structures shall have a new sales price combined with building permit values of fifty thousand dollars or more;
E.
In addition to foundation requirements, the structure must be certified by the Nevada Division of Manufactured Housing.
(Ord. 2005-16 § 2, 2006: Ord. 94-4 § 12.05.04 (part), 1994)
Uses permitted in the R-2 district on a lot or parcel with the required area and required width:
A.
Any use permitted in the R-1 district, subject to similar controls as stated therein.
(Ord. 94-4 § 12.05.05 (part), 1994)
The required area and width for the R-2 district are as follows: twelve thousand square feet minimum area; eighty feet average width. All corner lots shall have a width of ninety feet and a minimum size of thirteen thousand square feet. There may be one or more single-family dwellings on a lot or parcel having an area in excess of twelve thousand square feet, provided there is not less than twelve thousand square feet for each unit and that such structures are no less than thirty feet apart.
(Ord. 94-4 § 12.05.05 (part), 1994)
Setback regulations in the R-2 district are as follows:
A.
Front. Structures shall be located no less than thirty feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be ten feet for each side.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than ten feet to any side or rear property line, nor between the front property line and the main structure.
E.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.05 (part), 1994)
Buildings may be erected up to twenty-six feet in height.
(Ord. 94-4 § 12.05.05 (part), 1994)
Uses permitted in the R-3 district on a lot or parcel with the required areas and required width:
A.
Any use permitted in the R-2 district subject to similar controls as stated therein.
(Ord. 94-4 § 12.05.06 (part), 1994)
The required area and width in the R-3 district are as follows: one-half acre minimum area; one hundred feet minimum width. There may be one or more single-family dwellings on a lot or parcel having an area in excess of one-half acre, provided there is not less than one-half acre for each unit and that such structures are no less than forty feet apart.
(Ord. 94-4 § 12.05.06 (part), 1994)
Setback regulations in the R-3 district are as follows:
A.
Front. Structures shall be located no less than thirty feet from the front property line.
B.
Side. The minimum side yard for any structure shall be fifteen feet for each side.
C.
Rear. The minimum rear yard for any structure shall be thirty feet.
(Ord. 94-4 § 12.05.06 (part), 1994)
Buildings may be erected up to twenty-six feet in height.
(Ord. 12.05.06 (part), 1994)
Uses permitted in the R-4 district on a lot or parcel having the required area and required width:
A.
All uses permitted in the R-1 district except as restricted by this section;
B.
Multiple-family dwellings and apartments (not manufactured housing parks), provided not more than one unit shall be allowed for every one thousand two hundred fifty square feet of lot area;
C.
Townhouse, condominium or other "common land" developments, subject to:
1.
A planned unit development procedure,
2.
Filing of tentative and final subdivision plat,
3.
An overall one-acre minimum lot size;
D.
No detached accessory building or structure may be closer than one foot to any side or rear property line, not between the front property line and the setback line;
E.
Private clubs and lodges, fraternity and sorority houses, parking lots, hospitals, institutions and rest homes, subject to issuance of a special use permit;
F.
Educational and philanthropic institutions, museums and libraries, private and nursery schools, child care centers, subject to issuance of a special use permit;
G.
Home occupations are not allowed, except in single-family dwellings;
H.
Boarding and rooming houses, subject to issuance of a special use permit;
I.
Offices subject to issuance of a special use permit, providing:
1.
Limited contact with the general public,
2.
Not more than four thousand square feet of official use in any building.
(Ord. 94-4 § 12.05.07 (part), 1994)
The required area and width in the R-4 district are as follows: except as otherwise provided, each lot or parcel shall have a minimum of five thousand square feet of lot area with a minimum width of fifty feet and for each additional permitted use there shall be at least ten feet of additional lot width at the property line. The minimum gross lot area per unit or suite shall be one thousand two hundred fifty square feet and the maximum number of units and/or suites allowed shall be determined by dividing the total area by one thousand two hundred fifty.
(Ord. 94-4 § 12.05.07 (part), 1994)
Setback regulations in the R-4 district are as follows:
A.
Front. Structures shall be located no less than fifteen feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be five feet for each side unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no side yard requirement.
C.
Rear. The minimum rear yard for each main structure shall be ten feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.07 (part), 1994)
(Ord. No. 2009-06, §§ 1, 2, 7-23-09)
Buildings may be erected up to thirty-five feet in height from grade except that:
A.
The height limit for structures may be increased up to forty-five feet and up to three stories provided each side yard is ten feet, plus one foot of side yard for each additional foot of building height over thirty-five feet.
B.
The public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty feet from grade provided that the required front, side and rear yards shall be increased one foot for each foot in height over thirty-five feet.
C.
Church spires, belfries, cupolas, monuments, chimneys, flues, flag poles, television antenna and radio aerials over thirty feet in height are subject to issuance of a special use permit.
(Ord. 94-4 § 12.05.07 (part), 1994)
Each parcel of land shall contain an open area, or combination of areas, of not less than two hundred square feet per suite or living unit, reserved exclusively for the recreational use of tenants of such parcel.
(Ord. 94-4 § 12.05.07 (part), 1994)
Uses permitted in a MO district on a lot or parcel having the required area and the required width:
A.
One single-family manufactured home, built to 1976 FHA (HUD) specifications or better, used as a permanent living accommodation, subject to the provisions of the underlying zone;
B.
All nonresidential uses permitted in the zone underlying the MO district shall be the same as the underlying zone, subject to their respective requirements;
C.
Accessory buildings in an MO district shall be the same as the underlying zone regulations.
(Ord. 94-4 § 12.05.08 (part), 1994)
The required area and width for a MO district are as follows: each individual manufactured home lot shall have a minimum lot area and width as indicated in the underlying zone classification.
(Ord. 94-4 § 12.05.08 (part), 1994)
Setback regulations in a MO district are as follows: provisions concerning setback regulations in a MO district shall be the same as underlying zone regulations.
(Ord. 94-4 § 12.05.08 (part), 1994)
Uses permitted in the MS district on a lot or parcel having the required area and required width:
A.
One single-family manufactured housing unit used as a permanent living accommodation. Manufactured housing park models require a special use permit;
B.
Parks, recreation areas, churches, public uses, utility serving centers, child care facilities, etc., public and religious schools (but not including hospitals) provided all such facilities are at least fifteen feet away from all property lines and subject to issuance of a special use permit;
C.
Accessory uses customarily incident to the above uses, when located on the same lot or parcel, including a private garage.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
The minimum area that may be zoned for a manufactured housing subdivision (MS) land use district is two acres.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Required lot area and width in the MS district as are follows: minimum area of five thousand square feet of lot area with a minimum width of fifty feet. All corner lots shall have minimum widths of sixty feet and a minimum size of six thousand square feet.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
For permitted uses the minimum lot width at the setback line shall be fifty feet.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Setback regulations in the MS district are as follows:
A.
Front. Structures shall be located fifteen feet or more from any street right-of-way which is sixty feet or greater in width, or forty-five feet or more from the center of any street right-of-way less than sixty feet in width.
B.
Side. The minimum side yard for each main structure shall be five feet for each side unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no side yard requirement.
C.
Rear. The minimum rear yard for each main structure shall be fifteen feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Walls, Fences and Obstructions to Vision. Walls or other fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
(Ord. No. 2009-06, §§ 1, 2, 7-23-09)
Signs shall conform to the standards for signs in residential land use districts as provided elsewhere in this code.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Two off-street parking spaces shall be provided for each individual manufactured home.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Units in the manufactured housing subdivision land use district shall be placed on semi-permanent or permanent piers or foundations and shall be totally skirted if not on a permanent perimeter foundation. Wheels, axles and hitches shall be removed from the manufactured homes.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Before a special use permit to erect a park model manufactured home in the manufactured housing subdivision (MS) land use district is issued, the applicant shall submit to the planning commission and county commissioners a design for the installation. The special use permit shall incorporate a design plan as a condition of the permit. The design plan shall include all proposed auxiliary buildings and structures, yard plan, etc. The purpose of the special use permit requirement is to control installation of park models in the land use district so as to maintain a reasonable appearance and maintain the economic value of adjoining properties by preventing unreasonable degradation of such land use districts. Park model manufactured housing, where permitted by special use permit, shall remain mobile with wheels, axles and hitches installed, and shall be removed from the site at least seven days in each calendar year. Temporary skirting may be installed.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Uses permitted in the MP district are as follows:
A.
Parks to provide for the parking of manufactured housing for living purposes, and for the parking of park models and recreational vehicles as permitted by Nevada Statute;
B.
Accessory uses which are clearly incidental to the operation of the park and related to the convenience and recreational needs of park residents;
C.
Permanent living quarters for the use of the operator or manager of the park.
(Ord. 94-4 § 12.05.09 (part), 1994)
Manufactured housing park requirements are included in Title 15 of this code.
(Ord. 94-4 § 12.05.09 (part), 1994)
The Austin historic site zone is intended for specific lots, parcels or areas which have a special character of historical value, have been designated as historic by local, state or federal agency, or have a special archaeological or prehistoric significance. It is intended to provide protection for these historic, prehistoric or archaeological resources, which, in the absence of such protection, may be irretrievably lost to the citizens of Lander County, the state of Nevada, and the nation. The Austin historic site zone is intended to provide for the display, study and research of such resource areas.
(Ord. 94-4 § 12.05.10 (part), 1994)
Uses permitted in the AH zone are as follows:
A.
Display markers, monuments and interpretive signs;
B.
Fencing, sheltering and otherwise providing for cultural resource protection;
C.
Archaeological investigations when associated with a university, foundation, organization or group dedicated to the study, presentation and protection of cultural resources;
D.
Antique and curio shops, museums, bed and breakfast inns, retail stores, restaurants and drinking establishments subject to issuance of a special use permit;
E.
Historic residences such that the residence is to be occupied only by one family.
(Ord. 94-4 § 12.05.10 (part), 1994)
This title's off-street parking regulations and off-street loading and unloading regulations are not applicable within the Austin historic site zone. Specific off-street parking regulations shall be determined by the planning commission. Minimum residential and commercial lot size shall be five thousand square feet within the Austin historic site zone.
(Ord. 94-4 § 12.05.10 (part), 1994)
This district accommodates the special needs of property owners in the older portions of the disincorporated town of Austin where land has been divided into parcels which do not readily conform to the residential building lot minimums of the R-1 residential district. The AHR district is intended to accommodate a manufactured housing overlay (MO), recognizing that much of the existing residential housing in the district consists of manufactured housing and/or older units known as mobile homes.
(Ord. 94-4 § 12.05.11 (part), 1994)
Uses permitted in the AHR district on a lot or parcel with the required area and required width:
A.
Detached single-family dwellings, including manufactured housing;
B.
Parks, recreational areas, churches, public uses, utility serving centers, child care facilities other than home occupation child care facilities, public and religious schools, (but not including hospitals), provided all such facilities are set back at least fifteen feet from all property lines and subject to the issuance of a special use permit;
C.
Home occupations subject to issuance of a home occupation special use permit.
(Ord. 94-4 § 12.05.11 (part), 1994)
The required area and width for the AHR district as follows: five thousand square feet minimum area, fifty feet minimum width. All corner building lots shall have a minimum width of sixty feet and a minimum area of six thousand square feet. There may be one or more single-family dwellings on a building lot having an area in excess of ten thousand square feet, provided there is not less than five thousand square feet for each unit and that such structures are no less than ten feet apart.
(Ord. 94-4 § 12.05.11 (part), 1994)
Setback regulations for the AHR district are as follows:
A.
Front. Structures shall be located no less than fifteen feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be five feet for each side.
C.
Rear. The minimum rear yard for each main structure shall be ten feet.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than five feet to any side or rear property line, nor between the front property line and the main structure.
E.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.11 (part), 1994)
Structures may be erected up to twenty-six feet in height above grade. Flag poles, television and radio antennas, satellite dishes and similar installations over thirty feet in height require a special use permit.
(Ord. 94-4 § 12.05.11 (part), 1994)
It is permissible to erect, place and maintain manufactured housing on a building lot within the AHR district subject to the following requirements:
A.
Minimum width of the structure shall be fourteen feet.
B.
Structures shall have a minimum of seven hundred square feet of living space.
C.
Structures shall be placed on a permanent foundation meeting Uniform Building Code Standards, or on a pier foundation approved by the Nevada Division of Manufactured Housing.
D.
The structure shall be certified by the Nevada Division of Manufactured Housing.
(Ord. 94-4 § 12.05.11 (part), 1994)
The purpose of the commercial district is to preserve a commercial district intended for conducting general retail, service and office business frequented by the public.
(Ord. 94-4 § 12.05.12 (part), 1994)
Uses permitted in the C-1 district on a lot having the required area and width:
A.
Commercial permitted uses include: retail stores, convenience stores, nonautomotive service businesses, banks, laundries, restaurants, motels, gaming establishments, bars, pet stores, business offices and public buildings; also continuation of existing residential uses including replacement of existing residential uses, but not including construction of new residential uses except that commercial buildings may include ancillary residential apartments.
B.
Questions about specific permitted uses shall be presented to and determined by the planning commission at the next regular planning commission meeting following application to the building inspector.
C.
Manufactured housing may not be used to conduct commercial permitted uses.
D.
Manufactured buildings constructed to Uniform Building Code commercial standards and assembled on site may be used to house commercial activities (C-1). Commercial coaches may be used for commercial purposes.
E.
All storage of materials or merchandise shall be within a building.
F.
Churches subject to the issuance of a special use permit.
G.
Bona fide watchman's quarters are permitted in an operating C-1 district, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal.
(Ord. 99-8 § 1, 1999; Ord. 98-6 § 1, 1998; Ord. 94-4 § 12.05.12 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
Required area and width for the C-1 district are as follows: five thousand square feet minimum area with fifty feet minimum width. If a permitted use utilizes an individual sewage disposal system, the required area for any such use shall be approved by the State Health Official.
(Ord. 12.05.12 (part), 1994)
Setback regulations for the C-1 district are as follows:
A.
Front. None.
B.
Side. None, except the minimum side yards adjoining or adjacent to a residential or agricultural district shall be ten feet.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
(Ord. 94-4 § 12.05.12 (part), 1994)
Buildings may be erected up to twenty-six feet in height.
A.
The height limit for structures may be increased up to forty-five feet and up to three stories provided each side yard is ten feet, plus one foot of side yard for each additional foot of building height over twenty-six feet.
B.
A public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over twenty-six feet.
C.
Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flag poles, television antennas and radio aerials greater than thirty feet in height require a special use permit. Parapet walls may be up to four feet above the height of the building on which the walls rest.
(Ord. 94-4 § 12.05.12 (part), 1994)
Uses permitted in the TC district on a lot or parcel with the required area and required width:
A.
Any established agriculture or residential activity;
B.
Private and public clubs and all appurtenances thereto, including golf courses, equipment rooms, store and caddy houses, tennis courts, outdoor theaters, and other recreational uses;
C.
Resorts, clubs, inns, lodges and motels, provided not more than one dwelling unit or sleeping unit is established for each one thousand square feet of lot or parcel area;
D.
Campgrounds and recreational vehicle parks subject to all provisions of this code and Nevada Statutes;
E.
Limited commercial uses of a C-1 category when accessory to and incidental to the resort development, and not occupying more than twenty-five percent of ground floor space, provided all public access thereto is from within the resort complex and all advertising is limited so as to be visible from the outside;
F.
Gambling, bars, entertainment and similar accessory activities when incidental to and within a resort development.
G.
Bona fide watchman's quarters are permitted in an operating TC district, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal.
(Ord. 94-4 § 12.05.13 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
Required area and width for the TC district are as follows: each lot or parcel shall have a minimum of two acres of lot area with a minimum width of one hundred fifty feet.
(Ord. 94-4 § 12.05.13 (part), 1994)
Setback regulations for the TC district are as follows:
A.
Front. Structures shall be located a distance from the front property line equal to at least fifty percent of the height of the tallest structure, but not less than forty feet from the front property line.
B.
Side. None, except as otherwise required.
C.
Rear. The minimum rear yard for each structure shall be twenty feet, unless bounded by a dedicated alley, in which case no setback need be established.
(Ord. 94-4 § 12.05.13 (part), 1994)
There shall be reserved exclusively a recreation open space of not less than two hundred square feet per unit or suite.
(Ord. 94-4 § 12.05.13 (part), 1994)
The purpose of the general commercial district is to provide for more intensive commercial uses. This district is established to help assure public safety and convenience for the general public and to protect the character of adjacent districts.
(Ord. 94-4 § 12.05.14 (part), 1994)
Uses permitted in the C-2 district on a lot or parcel having the required area and required width:
A.
Any use permitted in the C-1 or TC districts;
B.
Stores and shops for conducting retail and wholesale businesses;
C.
Permitted uses include the sales and service of used merchandise, automobiles, manufactured housing and trailers, agricultural products and supplies, lumber and building supplies, plumbing and electrical supplies, automobile and truck garages;
D.
Specific general commercial permitted uses shall be presented to and determined by the planning commission at the next regular planning commission meeting following application to the building inspector;
E.
Animal hospitals, kennels or clinics are subject to issuance of a special use permit;
F.
Wholesale and processing activities which do not produce objectionable levels of dust, noise or odors are subject to issuance of a special use permit;
G.
Manufactured housing cannot be used to conduct general commercial permitted uses;
H.
Manufactured buildings built to Uniform Building Code commercial standards and assembled on site may be used to house general commercial (C-2) activities. Commercial coaches may be used for commercial activities;
I.
Outside storage of materials or merchandise is permitted.
J.
Bona fide watchman's quarters are permitted in an operating C-2 district, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal.
(Ord. 94-4 § 12.05.14 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
Required area and width for the C-2 district are as follows: ten thousand square feet minimum area with eighty feet minimum width. Permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the State Health Department.
(Ord. 94-4 § 12.05.14 (part), 1994)
Setback regulations for the C-2 district are as follows:
A.
Front. None.
B.
Side. None, except the minimum side yards adjoining or adjacent to a residential or agricultural district shall be ten feet.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet unless bounded by a dedicated alley, there shall be no rear yard requirement.
(Ord. 94-4 § 12.05.14 (part), 1994)
Buildings may be erected up to thirty-five feet in height.
A.
The height limit for structures may be increased up to forty-five feet and up to three stories provided each side yard is ten feet, plus one foot of side yard for each additional foot of building height over thirty-five feet.
B.
A public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over thirty-five feet.
C.
Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flag poles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
(Ord. 94-4 § 12.05.14 (part), 1994)
Generally, this district covers certain portions of the community designated for development of manufacturing and light industrial plants. Due to high amounts of business activity, especially truck and automobile traffic, it is necessary to restrict residential development in this district in order to insure public safety and convenience and not interfere with permitted activities within the district.
(Ord. 94-4 § 12.05.15 (part), 1994)
Uses permitted in the M district on lot or parcel having the required area and required width, except as provided in Section 17.64.050:
A.
All uses permitted in C-2 general commercial district, except residential uses; bona fide watchman's quarters are permitted in an operating M district, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal;
B.
Administrative, executive, professional, research and similar office uses, having limited contact with the general public;
C.
Manufacturing, processing, assembly, fabricating or storage of products or materials;
D.
Contractor's yards, lumber yards, plumbing materials, supply yards;
E.
Accessory uses customarily incident to the above;
F.
Other uses which are in the opinion of the planning commission similar to the above.
(Ord. 94-4 § 12.05.15 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
Uses under which a special use permit is required in the M district are as follows:
A.
Hazardous materials or waste;
B.
Noise or dust pollution;
C.
Toxic or obnoxious fumes;
D.
Examples include but are not limited to the following: storage, processing, loading or unloading of bulk petroleum-based fuels or lubricants, meat packing plants, batch plants, junk yards and/or wrecking yards, refuse dumps or disposal services, animal hospitals, or uses for the storage of any material classified as hazardous by this or any other section of this code;
E.
Any use involving the handling, producing, processing or storage of hazardous materials which are defined as: materials including solids, liquids, vaporous and gaseous substances which have been found by official agencies and departments of the United States and/or the state of Nevada including but not limited to environmental protection agencies, nuclear regulatory agencies or departments, to be hazardous, dangerous or injurious to living things or to the environment;
F.
Any other use which may be detrimental to health, welfare or safety of Lander County residents.
(Ord. 94-4 § 12.05.15 (part), 1994)
Conditions under which the uses in Section 17.64.030 may be established:
A.
Any outside storage shall be suitably screened from surrounding areas by walls, planting or other barriers to the approval of the planning commission.
B.
Provisions for landscaping shall be included in the development plan. These shall include, but not be limited to, screen planting, lawn areas, trees, shrubs, fences and walls, It shall be the responsibility of the owner or developer to carry out this program and to provide such maintenance and care as is required to obtain the effect intended by the original plan.
C.
There shall be no advertising signs other than one facing each public street announcing the name and/or insignia of the company or companies on the site. Such sign shall not exceed one hundred square feet in area, and shall not extend above the roof or coping of any building. Signs shall not be illuminated by exposed tubes, bulbs or similar exposed lighted surfaces. Necessary direction signs shall be permitted. Exterior spotlighting or other illumination shall be so installed as to eliminate any nuisance to adjoining residential districts or to traffic on the public highways, no unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulations shall be required.
D.
Uniform Building Code manufactured housing may be utilized for temporary office space in conjunction with operating a permitted use.
(Ord. 94-4 § 12.05.15 (part), 1994)
Uses specifically prohibited in the M district are as follows:
A.
Any residential use (except caretaker's quarters), hotels, motels, trailer courts or other similar uses;
B.
Theaters, commercial recreational or nonconforming uses except those incidental to a permitted use;
C.
Churches, schools, institutions, and other similar public and semi-public uses.
(Ord. 94-4 § 12.05.15 (part), 1994)
Appropriately surfaced facilities, sized in consideration of number of employees at major shifts, customer requirements, special equipment and vehicle requirements, reserved for expansion and access and maneuvering space.
(Ord. 94-4 § 12.05.15 (part), 1994)
Required area and width for the M district are as follows: ten thousand square feet minimum area; eighty feet minimum width. For permitted uses utilizing an individual sewage disposal system, the required area for any such area shall be approved by the State Health Department.
(Ord. 94-4 § 12.05.15 (part), 1994)
Setback regulations for the M district are as follows:
A.
Front. Structures shall be located a distance from the front property line equal to fifty percent of the height of the tallest structure, but not less than thirty feet, with ten feet adjacent to streets landscaped with trees, bushes, shrubs and grass as specified in the special use permit.
B.
Side. The minimum side yard for main structures is fifteen feet or a width equal to the height of the structure, whichever is greater.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirements.
(Ord. 94-4 § 12.05.15 (part), 1994)
The intent of this district is to provide for long range preservation of designated areas of public and private lands in open space for the health, safety and welfare of the public.
(Ord. 94-4 § 12.05.16 (part), 1994)
A.
All uses permitted on public lands shall conform to the existing management policies of the governmental agency having primary jurisdiction over such open space zoned lands.
B.
All uses permitted on private lands include: open field animal grazing, equestrian, hiking and bicycle trails, public utility distribution and transmission lines, towers, poles and underground lines, timber production and harvest, wildlife refuges, vegetation management and green stripping for the prevention of wildfire, and cultural resources studies.
(Ord. 12.05.16 (part), 1994)
The open space zone may be applied to any lot, parcel or portion thereof.
(Ord. 94-4 § 12.05.16 (part), 1994)
The intent of this district is to provide a land use district wherein all local, state or national governmental uses may be permitted, subject to the approval of the Lander County planning commission and board of the Lander County commissioners by special (conditional) use permit.
(Ord. 94-4 § 12.05.17 (part), 1994)
Uses permitted by special (conditional) use permit are as follows:
A.
All governmental uses including but not limited to:
1.
Schools and educational facilities;
2.
Parks, golf course, rodeo grounds, sports complexes, athletic fields, swimming pools;
3.
Courthouses, public safety buildings, jails, fire stations, law enforcement facilities, libraries, auditoriums, senior centers, post offices;
4.
Water wells, water towers, pump stations, sewage disposal facilities, dumps;
5.
Hospitals, clinics, medical facilities;
6.
Corporation yards, gravel pits;
7.
Airports;
8.
Parking facilities;
9.
Cemeteries;
10.
Historic buildings, archaeological sites;
11.
Radio and television antenna sites, communication facilities.
B.
Special (conditional) use permits issued pursuant to this subsection may impose all conditions necessary to insure that the intended governmental purpose does not create undue hardship or adverse effect on other, nearby land uses.
(Ord. 94-4 § 12.05.17 (part), 1994)
The intent of this district is to provide a land use district wherein existing mixed land uses may be accommodated without subjecting some of the properties within the district to the status of nonconforming use. This land use district is intended to serve as an interim zoning subject to rezoning to other land uses when the direction of ultimate development of an MRC district becomes apparent.
(Ord. 94-4 § 12.05.18 (part), 1994)
Uses permitted in the MRC district are as follows:
A.
All uses permitted in residential land use districts with manufactured housing overlay, manufactured housing parks and commercial zones.
(Ord. 12.05.18 (part), 1994)
Uses permitted by special (conditional) use permit in the MRC district are as follows:
A.
All uses permitted by special (conditional) use permit in land use districts with trailer overlay, manufactured housing parks and commercial zones.
(Ord. 94-4 § 12.05.18 (part), 1994)
The initial boundaries of the MRC land use district shall include those lands shown as MRC on the zoning map most recently adopted and recorded by Lander County prior to the adoption of the ordinance codified in this title and that certain block within the unincorporated town of Battle Mountain bounded by the rights-of-way of North First, Willow, North Second and Tule Street.
(Ord. 94-4 § 12.05.18 (part), 1994)
Setback regulations for manufactured housing or residential use are as follows:
A.
Front. Structures shall be located no less than fifteen feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be five feet for each side unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no side yard requirements.
C.
Rear. The minimum rear yard for each main structure shall be ten feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than five feet to any side or rear property line, nor between the front property line and the main structure.
(Ord. 2004-5 § 1 (part))
(Ord. No. 2009-06, §§ 1, 2, 7-23-09)
Setback regulations for commercial use are as follows:
A.
Front. None.
B.
Side. The minimum side yard for each main structure shall be five feet from each side property line.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than five feet to any side or rear property line, nor between the front property line and the main structure.
E.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the inter-section of two street right-of-way lines on any corner lot.
(Ord. 2004-5 § 1 (part))
Buildings may be erected up to twenty-six feet in height from grade.
A.
Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flagpoles, television antennas and radio aerials greater than thirty feet in height require a special use permit.
B.
The height limit for structures may be increased up to forty-five feet and up to three stories provided each side yard is ten feet wide, plus one foot on side yard for each additional foot of building height over twenty-six feet.
C.
A public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over twenty-six feet.
D.
Parapet walls may be up to four feet above the height of the building on which the walls rest.
(Ord. 2004-5 § 1 (part))
- Individual Land Use Districts
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Uses permitted in the A1 district on a lot or parcel having the required area and width:
A.
Single-family dwellings of a permanent nature and manufactured housing on a permanent or temporary foundation;
B.
Home occupations subject to the issuance of a home occupation special use permit;
C.
Farms for raising or growing and marketing on a commercial scale of poultry, rabbits, livestock, trees and bush crops, but not including commercial slaughtering;
D.
Buildings for sale and display of products grown or raised on the premises, provided no such buildings are situated closer than one hundred feet to any property classified as a residential district, or closer than thirty feet to any street or highway;
E.
Private buildings, corrals, coops, pens, stables or structures used in conjunction with farming, provided that they be located not closer than one hundred feet to any street, highway or to any land classified in a residential district;
F.
Public uses and utility serving centers, provided that they be located not closer than two hundred feet to any land classified as a residential district;
G.
Recreational and educational use and building, dude or guest ranches, churches, or other structures used exclusively for religious worship, tennis, golf, civic or country clubs, cemeteries, sanitariums, racetracks, fairgrounds, resorts, rodeo grounds, airports, radio towers, hunting, fishing, skiing lodges, game farms, garden nurseries, veterinary uses, bed and breakfast inns, public campgrounds (not manufactured housing parks) providing:
1.
A total area size of not less than three acres,
2.
Off-street parking of at least one space/three hundred square feet,
3.
A "buffer" strip of at least one hundred feet adjacent to all contiguous land,
4.
Individual units do not have kitchen facilities or equipment suitable for such use,
5.
Issuance of a special use permit;
H.
No detached accessory building or structure may be closer than ten feet to any property line nor between the front property line and the setback line.
(Ord. 94-4 § 12.05.01 (part), 1994)
The required area and width for the A1 district are as follows: one acre minimum area; one hundred twenty feet minimum width. There may be one or more single-family dwellings on a lot or parcel having an area in excess of two acres, provided there is not less than one acre for each unit and that such structures are not less than fifty feet apart.
(Ord. 94-4 § 12.05.01 (part), 1994)
Setback regulations in the A1 district are as follows:
A.
Front. Structures shall be located no less than thirty feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be twenty-five feet.
C.
Rear. The minimum rear yard for each main structure shall be fifty feet.
(Ord. 94-4 § 12.05.01 (part), 1994)
Uses permitted in the A2 district on a lot or parcel having the required area and required width:
A.
All uses permitted in zone A-1;
B.
Watershed protection, water storage reservoirs, pipelines, transmission lines and substations, irrigation canals and ditches;
C.
Commercial uses limited to livestock sales yards, dairies, kennels, when at least five hundred feet from any other district subject to issuance of a special use permit;
D.
Growing and preservation of trees and nursery stock, wildlife refuges.
(Ord. 94-4 § 12.05.02 (part), 1994)
The required area and width for the A-2 district are as follows: five acres minimum area; three hundred feet minimum width. There may be one or more single-family dwellings on a lot or parcel having an area in excess of ten acres, provided there are not less than five acres for each unit and that such structures are not less than sixty feet apart.
(Ord. 94-4 § 12.05.02 (part), 1994)
Setback regulations in the A-2 district are as follows:
A.
Front. Structures shall be located no less than fifty feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be twenty-five feet.
C.
Rear. The minimum rear yard for each main structure shall be fifty feet.
(Ord. 94-4 § 12.05.02 (part), 1994)
Uses permitted in the A-3 district on a lot or parcel having the required area and width:
A.
All uses permitted in zones A-1 and A-2; Bona fide watchman's quarters are permitted in an operating A-3 District, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal;
B.
Borrow pits, cemeteries, rifle ranges, highway and maintenance camps, sawmills; all subject to a special use permit;
C.
In all areas designated on the land use map as "flood plain," all uses shall be subject to the issuance of a special use permit. Building and development to be in accordance with the regulations issued by the United States department of housing and urban development and the federal emergency management agency;
D.
Residential housing developed as a planned unit development where individually owned parcels conform to the required area and width numbers contained in the PUD chapter of this title, and where land in common is devoted to open space uses other than residential uses, is subject to issuance of a special use permit.
(Ord. 94-4 § 12.05.03 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
The required area and width for the A-3 district are as follows: twenty acres minimum area; five hundred feet minimum width. There may be one or more single-family dwellings on a lot or parcel having an area in excess of forty acres, provided there is not less than twenty acres for each unit and that such structures are not less than one hundred feet apart.
(Ord. 94-4 § 12.05.03 (part), 1994)
Setback regulations in the A-3 district are as follows:
A.
Front. Structures shall be located no less than fifty feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be twenty-five feet.
C.
Rear. The minimum rear yard for each main structure shall be fifty feet.
(Ord. 94-4 § 12.05.03 (part), 1994)
Uses permitted on the R-1 districts on a lot or parcel with the required area and required width:
A.
Detached single-family dwellings of a permanent nature with a building permit value of fifty thousand dollars or more and having a minimum square footage of five hundred square foot of living space;
B.
Manufactured housing, modular housing or kit housing with a new sales price combined with building permit value of fifty thousand dollars or more, installed on a permanent foundation and converted to real property pursuant to NRS 361.244;
C.
Parks, recreational areas, churches, public uses, utility serving centers, child care facilities other than home occupations, public and religious schools, libraries, (but not including hospitals), provided all such facilities are set back at least fifteen feet from all property lines and subject to the issuance of a special use permit; or
D.
Home occupations subject to issuance of a home occupation special use permit.
(Ord. 2005-16 § 1, 2006: Ord. 94-4 § 12.05.04 (part), 1994)
The required area and width for the R-1 district are as follows: six thousand square feet minimum area, fifty feet minimum width. All corner lots shall have a minimum width of seventy feet and a minimum size of seven thousand square feet. There may be one or more single-family dwellings on a lot or parcel having an area in excess of twelve thousand square feet, provided there is not less than six thousand square feet for each unit and that such structures are no less than ten feet apart.
(Ord. 94-4 § 12.05.04 (part), 1994)
Setback regulations in the R-1 district are as follows:
A.
Front. Structures shall be located no less than fifteen feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be five feet for each side unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no side yard requirement.
C.
Rear. The minimum rear yard for each main structure shall be ten feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than five feet to any side or rear property line, nor between the front property line and the main structure.
E.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.04 (part), 1994)
(Ord. No. 2009-06, §§ 1, 2, 7-23-09)
Buildings may be erected up to twenty-six feet in height from grade. Flag poles, radio and television antennas, satellite dishes, and similar installations over thirty feet in height are subject to issuance of a special use permit.
(Ord. 94-4 § 12.05.04 (part), 1994)
It shall be permissible to erect, place and maintain manufactured housing on a lot within R-1 zoning provided said lot has the otherwise required area and width and subject to the following requirements:
A.
Minimum width of structure shall be twenty feet;
B.
Structures shall have a minimum of nine hundred sixty square feet of living space;
C.
Structures shall be placed on a permanent foundation meeting Uniform Building Code standards and shall be converted to real property pursuant to NRS 361.244;
D.
Structures shall have a new sales price combined with building permit values of fifty thousand dollars or more;
E.
In addition to foundation requirements, the structure must be certified by the Nevada Division of Manufactured Housing.
(Ord. 2005-16 § 2, 2006: Ord. 94-4 § 12.05.04 (part), 1994)
Uses permitted in the R-2 district on a lot or parcel with the required area and required width:
A.
Any use permitted in the R-1 district, subject to similar controls as stated therein.
(Ord. 94-4 § 12.05.05 (part), 1994)
The required area and width for the R-2 district are as follows: twelve thousand square feet minimum area; eighty feet average width. All corner lots shall have a width of ninety feet and a minimum size of thirteen thousand square feet. There may be one or more single-family dwellings on a lot or parcel having an area in excess of twelve thousand square feet, provided there is not less than twelve thousand square feet for each unit and that such structures are no less than thirty feet apart.
(Ord. 94-4 § 12.05.05 (part), 1994)
Setback regulations in the R-2 district are as follows:
A.
Front. Structures shall be located no less than thirty feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be ten feet for each side.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than ten feet to any side or rear property line, nor between the front property line and the main structure.
E.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.05 (part), 1994)
Buildings may be erected up to twenty-six feet in height.
(Ord. 94-4 § 12.05.05 (part), 1994)
Uses permitted in the R-3 district on a lot or parcel with the required areas and required width:
A.
Any use permitted in the R-2 district subject to similar controls as stated therein.
(Ord. 94-4 § 12.05.06 (part), 1994)
The required area and width in the R-3 district are as follows: one-half acre minimum area; one hundred feet minimum width. There may be one or more single-family dwellings on a lot or parcel having an area in excess of one-half acre, provided there is not less than one-half acre for each unit and that such structures are no less than forty feet apart.
(Ord. 94-4 § 12.05.06 (part), 1994)
Setback regulations in the R-3 district are as follows:
A.
Front. Structures shall be located no less than thirty feet from the front property line.
B.
Side. The minimum side yard for any structure shall be fifteen feet for each side.
C.
Rear. The minimum rear yard for any structure shall be thirty feet.
(Ord. 94-4 § 12.05.06 (part), 1994)
Buildings may be erected up to twenty-six feet in height.
(Ord. 12.05.06 (part), 1994)
Uses permitted in the R-4 district on a lot or parcel having the required area and required width:
A.
All uses permitted in the R-1 district except as restricted by this section;
B.
Multiple-family dwellings and apartments (not manufactured housing parks), provided not more than one unit shall be allowed for every one thousand two hundred fifty square feet of lot area;
C.
Townhouse, condominium or other "common land" developments, subject to:
1.
A planned unit development procedure,
2.
Filing of tentative and final subdivision plat,
3.
An overall one-acre minimum lot size;
D.
No detached accessory building or structure may be closer than one foot to any side or rear property line, not between the front property line and the setback line;
E.
Private clubs and lodges, fraternity and sorority houses, parking lots, hospitals, institutions and rest homes, subject to issuance of a special use permit;
F.
Educational and philanthropic institutions, museums and libraries, private and nursery schools, child care centers, subject to issuance of a special use permit;
G.
Home occupations are not allowed, except in single-family dwellings;
H.
Boarding and rooming houses, subject to issuance of a special use permit;
I.
Offices subject to issuance of a special use permit, providing:
1.
Limited contact with the general public,
2.
Not more than four thousand square feet of official use in any building.
(Ord. 94-4 § 12.05.07 (part), 1994)
The required area and width in the R-4 district are as follows: except as otherwise provided, each lot or parcel shall have a minimum of five thousand square feet of lot area with a minimum width of fifty feet and for each additional permitted use there shall be at least ten feet of additional lot width at the property line. The minimum gross lot area per unit or suite shall be one thousand two hundred fifty square feet and the maximum number of units and/or suites allowed shall be determined by dividing the total area by one thousand two hundred fifty.
(Ord. 94-4 § 12.05.07 (part), 1994)
Setback regulations in the R-4 district are as follows:
A.
Front. Structures shall be located no less than fifteen feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be five feet for each side unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no side yard requirement.
C.
Rear. The minimum rear yard for each main structure shall be ten feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.07 (part), 1994)
(Ord. No. 2009-06, §§ 1, 2, 7-23-09)
Buildings may be erected up to thirty-five feet in height from grade except that:
A.
The height limit for structures may be increased up to forty-five feet and up to three stories provided each side yard is ten feet, plus one foot of side yard for each additional foot of building height over thirty-five feet.
B.
The public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty feet from grade provided that the required front, side and rear yards shall be increased one foot for each foot in height over thirty-five feet.
C.
Church spires, belfries, cupolas, monuments, chimneys, flues, flag poles, television antenna and radio aerials over thirty feet in height are subject to issuance of a special use permit.
(Ord. 94-4 § 12.05.07 (part), 1994)
Each parcel of land shall contain an open area, or combination of areas, of not less than two hundred square feet per suite or living unit, reserved exclusively for the recreational use of tenants of such parcel.
(Ord. 94-4 § 12.05.07 (part), 1994)
Uses permitted in a MO district on a lot or parcel having the required area and the required width:
A.
One single-family manufactured home, built to 1976 FHA (HUD) specifications or better, used as a permanent living accommodation, subject to the provisions of the underlying zone;
B.
All nonresidential uses permitted in the zone underlying the MO district shall be the same as the underlying zone, subject to their respective requirements;
C.
Accessory buildings in an MO district shall be the same as the underlying zone regulations.
(Ord. 94-4 § 12.05.08 (part), 1994)
The required area and width for a MO district are as follows: each individual manufactured home lot shall have a minimum lot area and width as indicated in the underlying zone classification.
(Ord. 94-4 § 12.05.08 (part), 1994)
Setback regulations in a MO district are as follows: provisions concerning setback regulations in a MO district shall be the same as underlying zone regulations.
(Ord. 94-4 § 12.05.08 (part), 1994)
Uses permitted in the MS district on a lot or parcel having the required area and required width:
A.
One single-family manufactured housing unit used as a permanent living accommodation. Manufactured housing park models require a special use permit;
B.
Parks, recreation areas, churches, public uses, utility serving centers, child care facilities, etc., public and religious schools (but not including hospitals) provided all such facilities are at least fifteen feet away from all property lines and subject to issuance of a special use permit;
C.
Accessory uses customarily incident to the above uses, when located on the same lot or parcel, including a private garage.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
The minimum area that may be zoned for a manufactured housing subdivision (MS) land use district is two acres.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Required lot area and width in the MS district as are follows: minimum area of five thousand square feet of lot area with a minimum width of fifty feet. All corner lots shall have minimum widths of sixty feet and a minimum size of six thousand square feet.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
For permitted uses the minimum lot width at the setback line shall be fifty feet.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Setback regulations in the MS district are as follows:
A.
Front. Structures shall be located fifteen feet or more from any street right-of-way which is sixty feet or greater in width, or forty-five feet or more from the center of any street right-of-way less than sixty feet in width.
B.
Side. The minimum side yard for each main structure shall be five feet for each side unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no side yard requirement.
C.
Rear. The minimum rear yard for each main structure shall be fifteen feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Walls, Fences and Obstructions to Vision. Walls or other fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
(Ord. No. 2009-06, §§ 1, 2, 7-23-09)
Signs shall conform to the standards for signs in residential land use districts as provided elsewhere in this code.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Two off-street parking spaces shall be provided for each individual manufactured home.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Units in the manufactured housing subdivision land use district shall be placed on semi-permanent or permanent piers or foundations and shall be totally skirted if not on a permanent perimeter foundation. Wheels, axles and hitches shall be removed from the manufactured homes.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Before a special use permit to erect a park model manufactured home in the manufactured housing subdivision (MS) land use district is issued, the applicant shall submit to the planning commission and county commissioners a design for the installation. The special use permit shall incorporate a design plan as a condition of the permit. The design plan shall include all proposed auxiliary buildings and structures, yard plan, etc. The purpose of the special use permit requirement is to control installation of park models in the land use district so as to maintain a reasonable appearance and maintain the economic value of adjoining properties by preventing unreasonable degradation of such land use districts. Park model manufactured housing, where permitted by special use permit, shall remain mobile with wheels, axles and hitches installed, and shall be removed from the site at least seven days in each calendar year. Temporary skirting may be installed.
(Ord. 94-4 § 12.05.08.01 (part), 1994)
Uses permitted in the MP district are as follows:
A.
Parks to provide for the parking of manufactured housing for living purposes, and for the parking of park models and recreational vehicles as permitted by Nevada Statute;
B.
Accessory uses which are clearly incidental to the operation of the park and related to the convenience and recreational needs of park residents;
C.
Permanent living quarters for the use of the operator or manager of the park.
(Ord. 94-4 § 12.05.09 (part), 1994)
Manufactured housing park requirements are included in Title 15 of this code.
(Ord. 94-4 § 12.05.09 (part), 1994)
The Austin historic site zone is intended for specific lots, parcels or areas which have a special character of historical value, have been designated as historic by local, state or federal agency, or have a special archaeological or prehistoric significance. It is intended to provide protection for these historic, prehistoric or archaeological resources, which, in the absence of such protection, may be irretrievably lost to the citizens of Lander County, the state of Nevada, and the nation. The Austin historic site zone is intended to provide for the display, study and research of such resource areas.
(Ord. 94-4 § 12.05.10 (part), 1994)
Uses permitted in the AH zone are as follows:
A.
Display markers, monuments and interpretive signs;
B.
Fencing, sheltering and otherwise providing for cultural resource protection;
C.
Archaeological investigations when associated with a university, foundation, organization or group dedicated to the study, presentation and protection of cultural resources;
D.
Antique and curio shops, museums, bed and breakfast inns, retail stores, restaurants and drinking establishments subject to issuance of a special use permit;
E.
Historic residences such that the residence is to be occupied only by one family.
(Ord. 94-4 § 12.05.10 (part), 1994)
This title's off-street parking regulations and off-street loading and unloading regulations are not applicable within the Austin historic site zone. Specific off-street parking regulations shall be determined by the planning commission. Minimum residential and commercial lot size shall be five thousand square feet within the Austin historic site zone.
(Ord. 94-4 § 12.05.10 (part), 1994)
This district accommodates the special needs of property owners in the older portions of the disincorporated town of Austin where land has been divided into parcels which do not readily conform to the residential building lot minimums of the R-1 residential district. The AHR district is intended to accommodate a manufactured housing overlay (MO), recognizing that much of the existing residential housing in the district consists of manufactured housing and/or older units known as mobile homes.
(Ord. 94-4 § 12.05.11 (part), 1994)
Uses permitted in the AHR district on a lot or parcel with the required area and required width:
A.
Detached single-family dwellings, including manufactured housing;
B.
Parks, recreational areas, churches, public uses, utility serving centers, child care facilities other than home occupation child care facilities, public and religious schools, (but not including hospitals), provided all such facilities are set back at least fifteen feet from all property lines and subject to the issuance of a special use permit;
C.
Home occupations subject to issuance of a home occupation special use permit.
(Ord. 94-4 § 12.05.11 (part), 1994)
The required area and width for the AHR district as follows: five thousand square feet minimum area, fifty feet minimum width. All corner building lots shall have a minimum width of sixty feet and a minimum area of six thousand square feet. There may be one or more single-family dwellings on a building lot having an area in excess of ten thousand square feet, provided there is not less than five thousand square feet for each unit and that such structures are no less than ten feet apart.
(Ord. 94-4 § 12.05.11 (part), 1994)
Setback regulations for the AHR district are as follows:
A.
Front. Structures shall be located no less than fifteen feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be five feet for each side.
C.
Rear. The minimum rear yard for each main structure shall be ten feet.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than five feet to any side or rear property line, nor between the front property line and the main structure.
E.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the intersection of two street right-of-way lines on any corner lot.
(Ord. 94-4 § 12.05.11 (part), 1994)
Structures may be erected up to twenty-six feet in height above grade. Flag poles, television and radio antennas, satellite dishes and similar installations over thirty feet in height require a special use permit.
(Ord. 94-4 § 12.05.11 (part), 1994)
It is permissible to erect, place and maintain manufactured housing on a building lot within the AHR district subject to the following requirements:
A.
Minimum width of the structure shall be fourteen feet.
B.
Structures shall have a minimum of seven hundred square feet of living space.
C.
Structures shall be placed on a permanent foundation meeting Uniform Building Code Standards, or on a pier foundation approved by the Nevada Division of Manufactured Housing.
D.
The structure shall be certified by the Nevada Division of Manufactured Housing.
(Ord. 94-4 § 12.05.11 (part), 1994)
The purpose of the commercial district is to preserve a commercial district intended for conducting general retail, service and office business frequented by the public.
(Ord. 94-4 § 12.05.12 (part), 1994)
Uses permitted in the C-1 district on a lot having the required area and width:
A.
Commercial permitted uses include: retail stores, convenience stores, nonautomotive service businesses, banks, laundries, restaurants, motels, gaming establishments, bars, pet stores, business offices and public buildings; also continuation of existing residential uses including replacement of existing residential uses, but not including construction of new residential uses except that commercial buildings may include ancillary residential apartments.
B.
Questions about specific permitted uses shall be presented to and determined by the planning commission at the next regular planning commission meeting following application to the building inspector.
C.
Manufactured housing may not be used to conduct commercial permitted uses.
D.
Manufactured buildings constructed to Uniform Building Code commercial standards and assembled on site may be used to house commercial activities (C-1). Commercial coaches may be used for commercial purposes.
E.
All storage of materials or merchandise shall be within a building.
F.
Churches subject to the issuance of a special use permit.
G.
Bona fide watchman's quarters are permitted in an operating C-1 district, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal.
(Ord. 99-8 § 1, 1999; Ord. 98-6 § 1, 1998; Ord. 94-4 § 12.05.12 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
Required area and width for the C-1 district are as follows: five thousand square feet minimum area with fifty feet minimum width. If a permitted use utilizes an individual sewage disposal system, the required area for any such use shall be approved by the State Health Official.
(Ord. 12.05.12 (part), 1994)
Setback regulations for the C-1 district are as follows:
A.
Front. None.
B.
Side. None, except the minimum side yards adjoining or adjacent to a residential or agricultural district shall be ten feet.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
(Ord. 94-4 § 12.05.12 (part), 1994)
Buildings may be erected up to twenty-six feet in height.
A.
The height limit for structures may be increased up to forty-five feet and up to three stories provided each side yard is ten feet, plus one foot of side yard for each additional foot of building height over twenty-six feet.
B.
A public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over twenty-six feet.
C.
Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flag poles, television antennas and radio aerials greater than thirty feet in height require a special use permit. Parapet walls may be up to four feet above the height of the building on which the walls rest.
(Ord. 94-4 § 12.05.12 (part), 1994)
Uses permitted in the TC district on a lot or parcel with the required area and required width:
A.
Any established agriculture or residential activity;
B.
Private and public clubs and all appurtenances thereto, including golf courses, equipment rooms, store and caddy houses, tennis courts, outdoor theaters, and other recreational uses;
C.
Resorts, clubs, inns, lodges and motels, provided not more than one dwelling unit or sleeping unit is established for each one thousand square feet of lot or parcel area;
D.
Campgrounds and recreational vehicle parks subject to all provisions of this code and Nevada Statutes;
E.
Limited commercial uses of a C-1 category when accessory to and incidental to the resort development, and not occupying more than twenty-five percent of ground floor space, provided all public access thereto is from within the resort complex and all advertising is limited so as to be visible from the outside;
F.
Gambling, bars, entertainment and similar accessory activities when incidental to and within a resort development.
G.
Bona fide watchman's quarters are permitted in an operating TC district, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal.
(Ord. 94-4 § 12.05.13 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
Required area and width for the TC district are as follows: each lot or parcel shall have a minimum of two acres of lot area with a minimum width of one hundred fifty feet.
(Ord. 94-4 § 12.05.13 (part), 1994)
Setback regulations for the TC district are as follows:
A.
Front. Structures shall be located a distance from the front property line equal to at least fifty percent of the height of the tallest structure, but not less than forty feet from the front property line.
B.
Side. None, except as otherwise required.
C.
Rear. The minimum rear yard for each structure shall be twenty feet, unless bounded by a dedicated alley, in which case no setback need be established.
(Ord. 94-4 § 12.05.13 (part), 1994)
There shall be reserved exclusively a recreation open space of not less than two hundred square feet per unit or suite.
(Ord. 94-4 § 12.05.13 (part), 1994)
The purpose of the general commercial district is to provide for more intensive commercial uses. This district is established to help assure public safety and convenience for the general public and to protect the character of adjacent districts.
(Ord. 94-4 § 12.05.14 (part), 1994)
Uses permitted in the C-2 district on a lot or parcel having the required area and required width:
A.
Any use permitted in the C-1 or TC districts;
B.
Stores and shops for conducting retail and wholesale businesses;
C.
Permitted uses include the sales and service of used merchandise, automobiles, manufactured housing and trailers, agricultural products and supplies, lumber and building supplies, plumbing and electrical supplies, automobile and truck garages;
D.
Specific general commercial permitted uses shall be presented to and determined by the planning commission at the next regular planning commission meeting following application to the building inspector;
E.
Animal hospitals, kennels or clinics are subject to issuance of a special use permit;
F.
Wholesale and processing activities which do not produce objectionable levels of dust, noise or odors are subject to issuance of a special use permit;
G.
Manufactured housing cannot be used to conduct general commercial permitted uses;
H.
Manufactured buildings built to Uniform Building Code commercial standards and assembled on site may be used to house general commercial (C-2) activities. Commercial coaches may be used for commercial activities;
I.
Outside storage of materials or merchandise is permitted.
J.
Bona fide watchman's quarters are permitted in an operating C-2 district, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal.
(Ord. 94-4 § 12.05.14 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
Required area and width for the C-2 district are as follows: ten thousand square feet minimum area with eighty feet minimum width. Permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the State Health Department.
(Ord. 94-4 § 12.05.14 (part), 1994)
Setback regulations for the C-2 district are as follows:
A.
Front. None.
B.
Side. None, except the minimum side yards adjoining or adjacent to a residential or agricultural district shall be ten feet.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet unless bounded by a dedicated alley, there shall be no rear yard requirement.
(Ord. 94-4 § 12.05.14 (part), 1994)
Buildings may be erected up to thirty-five feet in height.
A.
The height limit for structures may be increased up to forty-five feet and up to three stories provided each side yard is ten feet, plus one foot of side yard for each additional foot of building height over thirty-five feet.
B.
A public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over thirty-five feet.
C.
Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flag poles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.
(Ord. 94-4 § 12.05.14 (part), 1994)
Generally, this district covers certain portions of the community designated for development of manufacturing and light industrial plants. Due to high amounts of business activity, especially truck and automobile traffic, it is necessary to restrict residential development in this district in order to insure public safety and convenience and not interfere with permitted activities within the district.
(Ord. 94-4 § 12.05.15 (part), 1994)
Uses permitted in the M district on lot or parcel having the required area and required width, except as provided in Section 17.64.050:
A.
All uses permitted in C-2 general commercial district, except residential uses; bona fide watchman's quarters are permitted in an operating M district, subject to a special use permit, and the special use permit shall at a minimum require compliance with all federal, state and local regulations and laws regarding sewage disposal;
B.
Administrative, executive, professional, research and similar office uses, having limited contact with the general public;
C.
Manufacturing, processing, assembly, fabricating or storage of products or materials;
D.
Contractor's yards, lumber yards, plumbing materials, supply yards;
E.
Accessory uses customarily incident to the above;
F.
Other uses which are in the opinion of the planning commission similar to the above.
(Ord. 94-4 § 12.05.15 (part), 1994)
(Ord. No. 2013-01, § 1, 8-22-13)
Uses under which a special use permit is required in the M district are as follows:
A.
Hazardous materials or waste;
B.
Noise or dust pollution;
C.
Toxic or obnoxious fumes;
D.
Examples include but are not limited to the following: storage, processing, loading or unloading of bulk petroleum-based fuels or lubricants, meat packing plants, batch plants, junk yards and/or wrecking yards, refuse dumps or disposal services, animal hospitals, or uses for the storage of any material classified as hazardous by this or any other section of this code;
E.
Any use involving the handling, producing, processing or storage of hazardous materials which are defined as: materials including solids, liquids, vaporous and gaseous substances which have been found by official agencies and departments of the United States and/or the state of Nevada including but not limited to environmental protection agencies, nuclear regulatory agencies or departments, to be hazardous, dangerous or injurious to living things or to the environment;
F.
Any other use which may be detrimental to health, welfare or safety of Lander County residents.
(Ord. 94-4 § 12.05.15 (part), 1994)
Conditions under which the uses in Section 17.64.030 may be established:
A.
Any outside storage shall be suitably screened from surrounding areas by walls, planting or other barriers to the approval of the planning commission.
B.
Provisions for landscaping shall be included in the development plan. These shall include, but not be limited to, screen planting, lawn areas, trees, shrubs, fences and walls, It shall be the responsibility of the owner or developer to carry out this program and to provide such maintenance and care as is required to obtain the effect intended by the original plan.
C.
There shall be no advertising signs other than one facing each public street announcing the name and/or insignia of the company or companies on the site. Such sign shall not exceed one hundred square feet in area, and shall not extend above the roof or coping of any building. Signs shall not be illuminated by exposed tubes, bulbs or similar exposed lighted surfaces. Necessary direction signs shall be permitted. Exterior spotlighting or other illumination shall be so installed as to eliminate any nuisance to adjoining residential districts or to traffic on the public highways, no unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulations shall be required.
D.
Uniform Building Code manufactured housing may be utilized for temporary office space in conjunction with operating a permitted use.
(Ord. 94-4 § 12.05.15 (part), 1994)
Uses specifically prohibited in the M district are as follows:
A.
Any residential use (except caretaker's quarters), hotels, motels, trailer courts or other similar uses;
B.
Theaters, commercial recreational or nonconforming uses except those incidental to a permitted use;
C.
Churches, schools, institutions, and other similar public and semi-public uses.
(Ord. 94-4 § 12.05.15 (part), 1994)
Appropriately surfaced facilities, sized in consideration of number of employees at major shifts, customer requirements, special equipment and vehicle requirements, reserved for expansion and access and maneuvering space.
(Ord. 94-4 § 12.05.15 (part), 1994)
Required area and width for the M district are as follows: ten thousand square feet minimum area; eighty feet minimum width. For permitted uses utilizing an individual sewage disposal system, the required area for any such area shall be approved by the State Health Department.
(Ord. 94-4 § 12.05.15 (part), 1994)
Setback regulations for the M district are as follows:
A.
Front. Structures shall be located a distance from the front property line equal to fifty percent of the height of the tallest structure, but not less than thirty feet, with ten feet adjacent to streets landscaped with trees, bushes, shrubs and grass as specified in the special use permit.
B.
Side. The minimum side yard for main structures is fifteen feet or a width equal to the height of the structure, whichever is greater.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirements.
(Ord. 94-4 § 12.05.15 (part), 1994)
The intent of this district is to provide for long range preservation of designated areas of public and private lands in open space for the health, safety and welfare of the public.
(Ord. 94-4 § 12.05.16 (part), 1994)
A.
All uses permitted on public lands shall conform to the existing management policies of the governmental agency having primary jurisdiction over such open space zoned lands.
B.
All uses permitted on private lands include: open field animal grazing, equestrian, hiking and bicycle trails, public utility distribution and transmission lines, towers, poles and underground lines, timber production and harvest, wildlife refuges, vegetation management and green stripping for the prevention of wildfire, and cultural resources studies.
(Ord. 12.05.16 (part), 1994)
The open space zone may be applied to any lot, parcel or portion thereof.
(Ord. 94-4 § 12.05.16 (part), 1994)
The intent of this district is to provide a land use district wherein all local, state or national governmental uses may be permitted, subject to the approval of the Lander County planning commission and board of the Lander County commissioners by special (conditional) use permit.
(Ord. 94-4 § 12.05.17 (part), 1994)
Uses permitted by special (conditional) use permit are as follows:
A.
All governmental uses including but not limited to:
1.
Schools and educational facilities;
2.
Parks, golf course, rodeo grounds, sports complexes, athletic fields, swimming pools;
3.
Courthouses, public safety buildings, jails, fire stations, law enforcement facilities, libraries, auditoriums, senior centers, post offices;
4.
Water wells, water towers, pump stations, sewage disposal facilities, dumps;
5.
Hospitals, clinics, medical facilities;
6.
Corporation yards, gravel pits;
7.
Airports;
8.
Parking facilities;
9.
Cemeteries;
10.
Historic buildings, archaeological sites;
11.
Radio and television antenna sites, communication facilities.
B.
Special (conditional) use permits issued pursuant to this subsection may impose all conditions necessary to insure that the intended governmental purpose does not create undue hardship or adverse effect on other, nearby land uses.
(Ord. 94-4 § 12.05.17 (part), 1994)
The intent of this district is to provide a land use district wherein existing mixed land uses may be accommodated without subjecting some of the properties within the district to the status of nonconforming use. This land use district is intended to serve as an interim zoning subject to rezoning to other land uses when the direction of ultimate development of an MRC district becomes apparent.
(Ord. 94-4 § 12.05.18 (part), 1994)
Uses permitted in the MRC district are as follows:
A.
All uses permitted in residential land use districts with manufactured housing overlay, manufactured housing parks and commercial zones.
(Ord. 12.05.18 (part), 1994)
Uses permitted by special (conditional) use permit in the MRC district are as follows:
A.
All uses permitted by special (conditional) use permit in land use districts with trailer overlay, manufactured housing parks and commercial zones.
(Ord. 94-4 § 12.05.18 (part), 1994)
The initial boundaries of the MRC land use district shall include those lands shown as MRC on the zoning map most recently adopted and recorded by Lander County prior to the adoption of the ordinance codified in this title and that certain block within the unincorporated town of Battle Mountain bounded by the rights-of-way of North First, Willow, North Second and Tule Street.
(Ord. 94-4 § 12.05.18 (part), 1994)
Setback regulations for manufactured housing or residential use are as follows:
A.
Front. Structures shall be located no less than fifteen feet from the front property line.
B.
Side. The minimum side yard for each main structure shall be five feet for each side unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no side yard requirements.
C.
Rear. The minimum rear yard for each main structure shall be ten feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than five feet to any side or rear property line, nor between the front property line and the main structure.
(Ord. 2004-5 § 1 (part))
(Ord. No. 2009-06, §§ 1, 2, 7-23-09)
Setback regulations for commercial use are as follows:
A.
Front. None.
B.
Side. The minimum side yard for each main structure shall be five feet from each side property line.
C.
Rear. The minimum rear yard for each main structure shall be twenty feet unless bounded by a dedicated alley. In the case of a dedicated alley, there shall be no rear yard requirement.
D.
Detached Accessory Structures. No detached accessory structure may be located closer than five feet to any side or rear property line, nor between the front property line and the main structure.
E.
Walls, Fences and Obstructions to Vision. Walls or fences not over eight feet in height may be built up to and including lot lines except in required front yard area. However, there shall be no obstruction to vision between two feet and eight feet above curb level within twenty feet of the inter-section of two street right-of-way lines on any corner lot.
(Ord. 2004-5 § 1 (part))
Buildings may be erected up to twenty-six feet in height from grade.
A.
Church spires, belfries, cupolas, monuments, municipal water towers, chimneys, flues, flagpoles, television antennas and radio aerials greater than thirty feet in height require a special use permit.
B.
The height limit for structures may be increased up to forty-five feet and up to three stories provided each side yard is ten feet wide, plus one foot on side yard for each additional foot of building height over twenty-six feet.
C.
A public or semi-public building such as a school, church, library or hospital may be erected to a height of sixty feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over twenty-six feet.
D.
Parapet walls may be up to four feet above the height of the building on which the walls rest.
(Ord. 2004-5 § 1 (part))