The provisions of this title shall be enforced by the building inspector as the city council so directs. The building inspector shall:

   A.   Receive and examine applications for and issue zoning compliance certificates and occupancy permits;

   B.   Make such inspections of buildings, structures and premises as are necessary to enforce the provisions of this title;

   C.   Revoke any zoning compliance certificate or occupancy permit wherein he may have erroneously authorized a use not permitted in the district or a structure which does not meet the regulations of this title, whereupon such permit shall be void; and

   D.   Carry out the orders of the city council issued in accordance with the provisions of this title.

Under no circumstances shall the building inspector grant exceptions to the actual meaning of any clause, order or regulation contained in this title; or make changes in or vary the terms of this title. (Ord. 91-9, 6-4-1991; amd. Ord. 94-14, 1-3-1995)

   A.   Certificate Required: It shall be unlawful to commence any excavation for or erection, alteration, enlargement, extension or moving of any building or structure or part thereof or to change or extend the use of any lot or to change the use or type of occupancy of any building or structure, except as may be provided elsewhere in this title, until a zoning compliance certificate for such action has been issued by the building inspector. It shall also be unlawful to change the type of use on any lot on which there is a nonconforming use until the building inspector has issued a zoning compliance certificate for such intended use. Accessory buildings or structures, when proposed for erection at the same time as the principal building and included on the application therefor shall not require a separate certificate. No zoning compliance certificate shall be issued except in conformity to the provisions of this title and by written order of the city council.

   B.   Application For Certificate; Procedures:

      1.   Applications for zoning compliance certificates shall be filed with the building inspector on forms provided for the purpose.

In cases where a building permit is also required by title 7, chapter 1 of this code, application for a zoning compliance certificate shall be made coincidentally with application for building permit. In all other cases, it shall be made prior to the date when a new or enlarged use of a building or premises, or part thereof, is intended to begin. (Ord. 91-9, 6-4-1991)

      2.   When the building inspector receives an application for a zoning compliance certificate for a use which requires a permit from the city council, such application, together with all supporting data, shall be transmitted by the building inspector to the city council.

      3.   When the building inspector receives an application for a zoning compliance certificate for a use which required a conditional use permit, or for which site plan approval by the city council is required, such application shall be transmitted to the city council and a zoning compliance certificate shall not be issued by the building inspector until the city council has approved the site plans. (Ord. 91-9, 6-4-1991; amd. Ord. 94-14, 1-3-1995)

   C.   Site Plans:

      1.   Plans Required; Contents: Application for zoning compliance certificates shall be accompanied by site plans which shall be filed in the Building Inspector's office, showing the following and any such additional information as may be required to assure conformity of the proposed building, structure or use to the provisions of this Title.

         a.   Legal description of the property by township, range and section coordinates and by metes and bounds or, if the property is a part of a recorded plat, by name, book and page number of plat and lot number or parcel designation;

         b.   Name, address and telephone number of the property owner of the person who prepared the site plan;

         c.   Dimensions of all lot and property lines showing the relationship of the property to abutting properties, boundaries of all lots or parcels under separate ownership contained therein or abutting thereon;

         d.   Precise location, dimensions, height and use of all buildings and structures existing on the property;

         e.   Location, alignment and right-of-way width of all streets, alleys and utility easements existing in or abutting the property;

         f.   Location and dimensions and number of spaces contained in all existing and proposed off-street parking lots and loading areas;

         g.   Location, right-of-way width and alignment of all proposed public streets, alleys and utility easements in or abutting the site and location and width of all access drives to the property from public streets;

         h.   Precise location, size and height of all buildings and structures proposed to be erected or altered;

         i.   Proposed uses of buildings, structures and land, including the number of dwelling units, amount of usable floor area, etc.; and

         j.   Any additional information required to show how all special regulations pertaining to the proposed use are to be met.

      2.   Completion At A Later Date: In the case of an application for a zoning compliance certificate for any part of a building complex or use of land, which complex or use is proposed to be completed at a later date, a preliminary site plan, drawn to scale for the entire complex or use, shall be submitted for approval in addition to and at the same time as the submission of detailed site plans required above. Such preliminary site plans shall show how the part for which a zoning compliance certificate is sought will be related to the part to be constructed at a later date. (Ord. 91-9, 6-4-1991)

      3.   Review And Approval: All site plans, except those submitted as part of an application for a conditional use permit, a special use permit, a temporary use permit or indicated as requiring City Council approval, shall require review and approval by the Building Inspector prior to issuance of a zoning compliance certificate. If site plans are found to be deficient or require modification in any respect to meet the requirements of this Title, the Building Inspector shall call in the applicant and/or the person preparing the plan for clarification of site plan requirements and regulations pertaining to the particular use. (Ord. 94-14, 1-3-1995)

      4.   Revisions: From time to time before or during the course of construction, the person holding a zoning compliance certificate may request and the Building Inspector may approve minor revisions of an approved site plan; provided, however, that such revisions shall not propose any change in standards nor reduce the degree of compliance with any requirements of this Title. All such revisions shall be approved, in writing, by the Building Inspector, and a complete record of such action shall be filed in his office.

   D.   Issuance Or Denial Of Certificate:

      1.   If review of the application and site plan indicates that the proposed use will meet all requirements and comply with all regulations pertaining thereto, the Building Inspector shall, within ten (10) days after receipt of the application, issue a zoning compliance certificate to the applicant.

      2.   If, in the opinion of the Building Inspector, the proposed use will not meet all requirements and comply with all regulations pertaining thereto, he shall, within ten (10) days after receipt of the application, refuse to issue a zoning compliance certificate. When a certificate is refused, the Building Inspector shall so inform the applicant, in writing, stating his reasons for refusal and shall retain a copy of the action in his files.

      3.   The building inspector shall return one copy of the submitted site plans to the applicant marked either "APPROVED" or "DISAPPROVED" and attested by his signature. The second copy of plans, similarly marked and signed, shall be retained in the files of the building inspector.

   E.   Effect Of Certificate; Time Limit Of Construction: A zoning compliance certificate shall remain in force until the building, structure or use has been completed, and an occupancy permit has been issued therefor. All buildings must be completed within two (2) years from the date of issuance of the occupancy permit. (Ord. 91-9, 6-4-1991)

   A.   Permit Required: It shall be unlawful to use or occupy, or permit the use or occupancy of, any building or structure or any change or extension of a use of land unless and until an occupancy permit has been issued by the building inspector. (Ord. 91-9, 6-4-1991)

   B.   Issuance Of Permits: Within five (5) regular work days after receipt of notice that the building, structure or premises or part thereof has been completed and is ready for use or occupancy, the building inspector shall make a final inspection thereof to determine whether construction has been completed in conformity with provisions of this title. If he finds construction in conformity and compliance with the applicable minimum landscaping/aesthetic standards as set forth by a council resolution concerning minimum standards and specifications for landscaping and aesthetics, he shall issue an occupancy permit to the owner of the building, structure or premises. (Ord. 04-04, 12-7-2004)

   C.   Temporary Occupancy Permits: The building inspector may issue a temporary occupancy permit for a part of a building, structure or use prior to completion of the entire building, structure or use; provided, that such part has been completed in conformity with all provisions of this title and is considered safe and suitable for use or occupancy. Such temporary occupancy permit shall then remain in force until the entire building, structure or use has been completed and inspected, and an occupancy permit has been issued therefor. (Ord. 91-9, 6-4-1991)

(Rep. by Ord. 94-14, 1-3-1995)

   A.   Authority: The city council shall hear and decide variances from regulations and requirements and all matters referred to it or properly of concern in the administration of this title.

   B.   Findings By Building Inspector: The building inspector shall submit to the city council a written report of his findings on each application for variance.

   C.   Procedure For Appeals From Building Inspector Or For Requesting A Variance: Any person appealing the decision of the building inspector or requesting a variance by the city council shall include:

      1.   The provision or regulations of this title from which the property or building is sought to be expected.

      2.   A legal description of the property involved.

      3.   Plot plans showing the location of all existing and proposed buildings.

      4.   Elevations of all proposed buildings or alterations in sufficient detail to meet the requirements of the city council, plus elevations of buildings within one hundred feet (100') of the subject lot.

      5.   Evidence of the ability and intent of the applicant to proceed with actual construction in accordance with submitted plans within six (6) months of the filing date.

      6.   Filing fees which shall be deposited in accordance with procedures adopted by the city. (Ord. 94-14, 1-3-1995)

   D.   Application Requirements: Each such application shall be signed by the owner of the land and/or buildings affected or by his acknowledged agent. The applicant shall present adequate evidence showing:

      1.   That there are special circumstances or conditions applying to the property under consideration which makes compliance with the provisions of this title a cause of hardship to and abridgement of a property right of said owner of said property.

      2.   That such circumstances or conditions do not apply, generally, to other properties in the same zoning district.

      3.   That the granting of the variance is necessary to create substantial justice to the applicant or owner of the property.

      4.   That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety and general welfare. (Ord. 91-9, 6-4-1991; amd. 1993 Code)

   E.   Hearing:

      1.   Notice: Upon the filing of an application, the City staff shall set the matter, not later than thirty five (35) days thereafter, for a public hearing. After the time and place have been established by the City staff, the City shall send, by mail, notice of such time and place and purpose of hearing, at least ten (10) days before the hearing to the owners of property within three hundred feet (300') of the exterior limits of the property involved, as shown by the latest assessment rolls of the City. Notice, by mail, to the last known address of the real property owners, as shown by the Assessor's records, shall be sufficient. Applications must be filed at least twenty (20) days before the City Council hearing on the variance. Legal notice shall be placed in a newspaper of general circulation within the City at least ten (10) days prior to the date of the public hearing. The Commission shall comply with NRS chapter 241 "Notice Requirements" in calling the meeting.

      2.   The City Council shall hear and consider evidence and facts from any person at the public hearing or shall consider written communications from any person relative to the variance. The right to present such evidence shall not be denied because of nonrequirements of notification as herein stipulated.

   F.   Findings: The City Council shall, within thirty (30) days from the date of the hearing, return a decision. Failure to render such a decision shall be deemed approval of the application. In addition, if the applicant believes that the variance was denied or conditioned upon an error of law and/or fact, the applicant may petition the Council for reconsideration. Said petition must be filed within ten (10) days of the Council's actions and shall set forth with particularity the alleged error of law and/or fact. The matter shall be placed on the agenda for a special or regular Council meeting within twenty (20) days of the date of filing. At such meeting the City Council may reconsider the matter in such fashion as it deems appropriate or may deny such reconsideration; however, no new evidence may be introduced. It shall take the concurrence of at least four (4) members of the City Council to reverse or modify its previous action.

   G.   Conditions Of Variances: The City Council, in approving any variance, may require conditions under which the lot or parcel may be used or the buildings constructed which, in the Council's opinion, will prevent material damage or prejudice to adjacent properties. Any such conditions as required must be complied with, and violation of the same shall result in revocation of the permission granted by variance. Further use shall constitute a violation of this Title and shall be punishable as herein provided. All variances shall carry the following conditions:

      1.   Commencement within six (6) months and completion within one year.

      2.   Conformance to plans approved as a part of the variance.

      3.   Subject to review in two (2) years if determined necessary by the City Council. (Ord. 94-14, 1-3-1995)

   A.   Authority; Initiation Of Amendment: The City Council may, from time to time as the public necessity, convenience, general welfare or good zoning practice requires, change the district boundaries or amend, change, repeal or supplement the regulations herein established. Such change or amendment may be initiated by the City Council on its own motion or by application of one or more owners of real property within the area proposed to be changed. (Ord. 94-14, 1-3-1995)

   B.   Application; Filing Fee:

      1.   Applications for change of district boundaries or amendment of regulations shall be filed with the City Clerk by an owner of real property within the area proposed to be changed. Such application shall be filed on a form provided for the purpose and shall be complete. (Ord. 91-9, 6-4-1991)

      2.   A filing fee shall be paid in an amount established by a schedule adopted by resolution of the City Council and filed in the office of the City Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change or amendment is initiated by the city council or when the petitioner is the city, county, state or federal government.

   C.   City Council Public Hearing:

      1.   Notice Of Hearing:

         a.   The city council shall set a date for public hearing of the petition by the council or property owner. Such public hearing shall be held only after a public notice of the time, date and place of such hearing has been published at least once in a newspaper of general circulation in the city, at least ten (10) days prior to such hearing date, and the requirements of Nevada Revised Statutes chapter 241 have been complied with. In addition, the notice must be mailed at least ten (10) days prior to the hearing to each tenant of a mobile home park if that park is located within three hundred feet (300') of the property in question. Such notice shall include a legal description of the property proposed to be rezoned, statement of existing and proposed zoning of the property and a general description of any regulations proposed to be amended.

         b.   In addition to the above and to the extent this notice does not duplicate the aforementioned notice, if the proposed amendment involves a change in the boundary of a zoning district, notice shall be mailed to all property owners within three hundred feet (300') of the exterior boundary of the portion of the boundary being changed at least ten (10) days prior to the public hearing.

      2.   Hearing Held: The city council shall hold its public hearing on the application at which it shall review all proposed changes and amendments and shall hear all evidence offered by the petitioner and parties in interest. Such hearing shall be held within sixty five (65) days from date of application filing if the change was not initiated by the city council.

      3.   Council Action: Within forty (40) days after the public hearing, the city council shall approve or deny the change, with or without conditions, and such change, if any, shall be adopted by ordinance as provided by law.

      4.   Reconsideration: If an applicant believes that the zoning change was denied because of an error in fact and/or law, the applicant may petition the council for reconsideration. Said petition must be filed within ten (10) days of the council's action and shall set forth with particularity the alleged error of fact and/or law. The matter shall be placed on the agenda for a special or regular council meeting within twenty (20) days of the date of filing. At such meeting, the city council may reconsider the matter in such fashion as it deems appropriate or may deny such reconsideration; however, no new evidence may be introduced. It shall take concurrence of at least four (4) members of the council to reverse or modify its previous action. (Ord. 94-14, 1-3-1995)

   A.   Violations; Nuisance Declared: Any structure upon which construction is started or any structure which is altered, enlarged or repaired, or any use of land which is begun or changed after the effective date hereof, and which is in violation of any of its provisions may be declared a nuisance. Any court of competent jurisdiction may order such nuisance abated, and the owner or agent in charge of such building or premises shall be adjudged guilty of maintaining a nuisance. Any person who violates any provision of this title, the owner of any structure or land or part thereof and any person, architect, builder, contractor, plumber or agent employed in connection therewith who has assisted, knowingly, in the commission of any such violation shall be guilty of a separate offense and, upon conviction thereof, be liable to the penalties herein provided.

   B.   Penalties: Any person violating any provisions of this title shall, upon conviction, be punished as provided in title 1, chapter 4 of this code. Each day that a violation is wilfully permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this title. (Ord. 91-9, 6-4-1991)

   A.   Minimum Distance: A minimum distance of at least one thousand three hundred twenty feet (1,320') shall be required between residential establishments.

   B.   Definitions:

    HALFWAY HOUSE FOR RECOVERING ALCOHOL AND DRUG ABUSERS: Is defined in Nevada Revised Statutes 458.010 as: A residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in Nevada Revised Statutes 449.00455.

   INDIVIDUAL RESIDENTIAL CARE: Is not applicable as the population of Elko County is less than one hundred thousand (100,000).

   RESIDENTIAL ESTABLISHMENT: A residential establishment is defined in Nevada Revised Statutes 278.021(7)(d) as:

      1.   A home for individual residential care in a community whose population is one hundred thousand (100,000) or more,

      2.   A halfway house for recovering alcohol and drug abusers, or

      3.   A residential facility for groups.

   RESIDENTIAL FACILITY FOR GROUPS: Is defined in Nevada Revised Statutes 449.017 as: Except as otherwise provided in the definition of "Halfway House For Recovering Alcohol And Drug Abusers" of this subsection, "residential facility for groups" means an establishment that furnishes food, shelter assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person. The term does include:

      1.   An establishment which provides care only during the day;

      2.   A natural person who provides care for no more than two (2) persons in his own home;

      3.   A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;

      4.   A halfway house for alcohol and drug abusers; or

      5.   A facility funded by a division or program of the department of human resources. (Ord. 01-21, 11-20-2001)