A.   Title And Short Title: This title shall be known as the ZONING ORDINANCE OF WELLS, NEVADA, and may be referred to herein and in other ordinances simply as the zoning ordinance.

   B.   Purpose: These regulations have been prepared in accordance with a master plan for the city which shall be reexamined every five (5) years beginning July 1, 1990. The purpose of this title is to do the following:

      1.   Regulate the use of land, buildings, and other structures in the city, including residences, agriculture, commerce, industry, recreation, outdoor advertising, parking, landscaping and flood control.

      2.   Regulate population density.

      3.   Regulate the location, height, size and lot coverage of buildings and structures.

      4.   Regulate the appearance of land, buildings and structures.

      5.   Prevent nuisances and unsafe and unhealthy conditions.

      6.   Divide the city into zoning districts of such size, shape and number to best carry out these regulations and provide for their enforcement.

      7.   Provide for the administration of the Wells master plan.

   C.   Necessity: These regulations are necessary in order to:

      1.   Encourage the most appropriate use of land.

      2.   Conserve, improve and stabilize the value of property.

      3.   Provide adequate open spaces for light and air.

      4.   Control the distribution of population.

      5.   Protect and promote the health, safety and the general welfare.

      6.   Enhance and protect the environment and attractiveness of the city.

      7.   Administer and enforce the Wells master plan.

   D.   Interpretation: Where a condition imposed by any provision of this title is less restrictive than a comparable condition imposed by any other provision of this title, or of any other ordinance, statute, resolution, law, or regulation, the provisions which are the most restrictive shall govern.

Whenever there is doubt as to the classification of a use not specifically mentioned in this title, or the intent of a provision in this title, a determination shall be made by the planning commission 1 . Such determination shall be based upon a detailed description of the use and such other information as may be required. The planning commission shall make such investigations as are necessary to compare the nature and characteristics of the use with those of listed uses in the various use district categories of this title. The commission shall determine that the use, in all essentials, is of the same character as a use listed as allowed, or as a special permit use, in one or more districts. No use added by such commission determination shall be permitted outright in any district in which it would more logically be a special permit use; nor shall the commission permit a use which is a specifically listed use in one zone to be located in a more restrictive zone. All uses shall be consistent with the Wells master plan. (Ord. 138, 1-26-1988)

The design and construction standards plus all other requirements of the "Land Development Ordinance Of Wells, Nevada," 1 and its amendments provide the criteria for improvement of land as permitted and further regulated by this title. (Ord. 138, 1-26-1988)

   A.   Administrator: An employee of the city, capable of administrative work, and who is knowledgeable in construction, be vested with the duty of administering the regulations contained herein, and may prepare such forms for board approval as are essential to the administration of said regulations.

   B.   Planning Commission: If the planning commission fails to act or carry out its responsibilities in accordance with the regulations contained herein, the board of councilmen shall assume the duties of the commission herein specified in relation to the matter concerned.

   C.   Officers, Attorney: It shall be the duty of the city attorney and all officials and others vested with the duty or authority to issue permits, to enforce all of the provisions of this title. (Ord. 138, 1-26-1988)

   A.   Maps Provided: The official zoning maps are a part of this title and are subject to amendment in accordance with the provisions of chapter 5 of this title.

   B.   Interpretation Of Boundaries: Whenever any uncertainty exists as to the boundary of any district shown on any zoning map of this title, the following rules shall apply:

      1.   Where any boundary line is indicated as following a street, alley, public way, or other easement or right of way, it shall be construed as following the centerline thereof.

      2.   Where a boundary line is indicated as approximately following a lot or section line, such line shall be construed to be the boundary line.

      3.   Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be an extension of a line as described in subsections B1 and B2 of this section, or its distance from such a line running parallel with it shall be indicated.

      4.   Boundary interpretations shall be consistent with the Wells master plan. (Ord. 138, 1-26-1988)

It shall be the duty of all persons having to do with the establishment of any use of land or the erection, altering, changing or remodeling of any building or structure to see that a proper permit has been granted before such work is begun. Any such person involved in, or performing any such work without a permit having been issued is in conflict with the requirements of this title and is guilty of a misdemeanor in the same manner and to the same extent as the owner of the premises or the persons for whom the use is established, or for whom such buildings are erected or altered.

Any person whether as principal, agent, employee or otherwise, who fails to comply with any notice to correct within the time specified or who shall erect, construct or reconstruct any building within any district within the city, without first obtaining a permit therefor from the zoning administrator, or who fails to maintain or comply with conditions as required herein, shall be guilty of a misdemeanor. Any person whether as principal, employee or otherwise, who shall change the use of any building or other structure, or use of any land, or shall fail to comply with conditions applicable to the use of any land within the city, in violation of the provisions of this title, shall be guilty of a misdemeanor. Upon conviction for any of the separate violations listed above, such person shall be punished by a fine of not less than twenty five dollars ($25.00), nor more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

Such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this title is permitted, continued or committed by such person, and shall be punishable, therefor, as provided in this section. (Ord. 138, 1-26-1988)