A.   Requirement, Exceptions: A zoning certificate-building permit shall be required for the construction of all buildings and structures, including the installation of underground utilities. However, no building permit shall be required for fences in agricultural zones, but this exemption in no way reduces or eliminates the requirement to comply with all other regulations pertinent to fences contained herein.

   B.   Issuance, Fees: A zoning certificate-building permit shall be provided and enforced by the planning commission or an authorized city employee. Fees for the certificate-permits shall be established and amended by the board of councilmen by means of a resolution.

   C.   Penalty: Failure to secure a zoning certificate-building permit prior to commencing work shall result in a penalty fee three (3) times the original cost of the permit, or shall be subject to penalty as provided in section 10-1-5 of this title. (Ord. 138, 1-26-1988)

   A.   Qualifications And Purpose: A special use permit is a zoning instrument used primarily to review the location, appropriateness, site development, building design, landscaping, parking, right of way and easement sizes and improvements of a proposed land use. Special use permit uses generally have an impact on the area in which they are located and are capable of creating special problems for bordering properties or the community as a whole unless given special attention. A special use permit is granted at the discretion of the board of councilmen upon the recommendation of the planning commission, and is not an automatic right of any applicant.

   B.   Guidelines And Standards For Consideration: In considering an application for special use permit, all design and improvement standards established in this title, the land development ordinance and other city ordinances plus the following guidelines shall be observed:

      1.   A special use permit shall be granted upon sound principles of land use and in response to services required by the neighborhood community.

      2.   A special use permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.

      3.   A special use permit shall be considered in relationship to its effect on the community or neighborhood plan for the area in which it is to be located, and with the master plan.

      4.   A special use permit shall be required for any regular use which will require a well or a septic system.

      5.   Conditions: A special use permit, if granted, shall be made subject to those conditions deemed necessary to preserve the general public welfare instead of the individual welfare of any particular applicant. These include health, safety, values of adjoining property, landscaping and other aesthetic considerations, and preservation or enhancement of the environment.

      6.   Suspension: A special use permit may be granted for a specific period of time and may be terminated at any time by the board of councilmen. The board of councilmen of this title shall have the authority to suspend any special use permit which in his judgment is not being complied with or which is or will have an unexpected or undesirable effect upon land or living things. A suspension of a special use permit by the board of councilmen shall cause the permit to become null and void after one hundred eighty five (185) accumulative days unless the applicant files an appeal with the board of councilmen within that time period.

      7.   Right Of Access Required: Application for a special use permit is deemed to be a granting of access for city officials to survey and gather information on the subject property. Approval of a special use permit shall grant access for city officials to enter, inspect and gather information periodically for the purpose of enforcing the permit conditions.

   C.   Application: The proposal shall be submitted in the form of plats showing site design (including contours) and specific landscaping. A list containing the names and addresses of all property owners within a three hundred foot (300') radius of the edges of the subject property, as they are recorded in the Elko County assessor's records, shall be provided.

   D.   Fee Required: The fee for processing special use permits shall be fifty dollars ($50.00) plus three dollars ($3.00) per dwelling unit, building site, or in the case of nonresidential developments, per six hundred (600) square feet of gross building area.

   E.   Notice Of Hearing: Upon receipt of an application for a special use permit, the administrator shall set the date of hearing for the earliest planning commission regular meeting which will allow sufficient time for publication of notice and review and response from appropriate departments and agencies.

Notice shall be published at least once in a newspaper of local distribution not less than ten (10) calendar days prior to the meeting stating the date, time and place, and giving the purpose of the hearing. A similar notice shall be placed on the subject property, or on the street right of way adjacent to it.

A notice shall be mailed to all persons whose names, addresses, and property descriptions appear on the list of property owners (within 300 feet) submitted. This notice must be mailed ten (10) days prior to the date of the hearing.

Any failure to give notice as required by this title or any irregularity in connection therewith or in any procedure required by this title shall not invalidate the proceedings if there shall have been compliance with the minimum requirements of Nevada state law.

   F.   Hearing, Action By Commission: At the established date and time for a hearing, the commission shall hear the proposal of the application and the statements of other interested or affected persons. The commission may make its recommendation to the council for approval, conditional approval, or denial of the application after considering the testimony heard and evaluating the merits of the application based upon the provisions of this and other applicable ordinances of the city.

   G.   Hearing, Action By Board Of Councilmen: Upon receipt of the planning commission's recommendation on the application, the city clerk shall set a date for public hearing of the matter by the board of councilmen, and shall give ten (10) days' notice of hearing published as required by law to the public and to the property owners.

The board of councilmen shall at such public hearing on the application consider the planning commission's recommendation and hear all evidence offered by the applicant and parties in interest.

At the public hearing, or within fifteen (15) days thereafter, the board of councilmen shall approve or deny the special use permit. If the board of councilmen's decision is to approve the special use permit without conditions, or to approve it subject to conditions agreed to by the petitioner, the special use permit shall be approved as provided by the board of councilmen.

   H.   Reconsideration: In the event that an application is denied by the board of councilmen, or is withdrawn after the planning commission hearing, the planning commission or board of councilmen shall not reconsider the application or any other application as it applies to the same property described in the original application, or any part thereof, within a period of one year from the date of such denial action.

   I.   Expiration:

      1.   Where a use permitted by a special use permit is not made on the property within the time specified in the permit, then without further action the permit shall be null and void and such use shall not be made of the property except upon the granting of a new special use permit.

      2.   Where a use permitted by a special use permit which has no specified time condition, is not made on the property within two (2) years after the date of granting thereof, then the planning department shall contact the applicant to determine if development of the use is still anticipated. If the applicant no longer intends to develop such use, then without further action the permit shall be null and void and such use shall not be made of the property except upon the granting of a new special use permit.

      3.   A special use permit is void six (6) months after the use permitted by such permit is discontinued. (Ord. 138, 1-26-1988)