A. Generally, all lots shall abut a public street connecting with the public street system. A condominium project shall be considered one lot for purposes of this specific requirement.
B. Building permits may be issued for lots which abut an undedicated portion of a partly dedicated public street. A building permit shall not be issued for any lot for which City public sewerage and water supply is not available. (Ord. 91-9, 6-4-1991)
C. All utilities shall be placed under ground except for lots of record or in special circumstances where the City Council determines that the public purpose and general welfare are better served by allowing aboveground utilities and benefits thereof outweigh any adverse effects to adjoining landowners. (Ord. 95-5, 10-3-1995)
8-3-2: USE RESTRICTIONS:
The following use restrictions shall apply:
A. Principal Uses: Only those uses and groups of uses specifically designated as "principal uses permitted" in zoning district regulations shall be permitted as principal uses; all other uses shall be prohibited as principal uses. (Ord. 91-9, 6-4-1991)
B. Conditional Uses: Certain specified uses designated as "conditional uses permitted" may be permitted as principal uses subject to special conditions of location, design, construction, operation and maintenance hereinafter specified in this Title as imposed by the City Council. Notwithstanding anything herein contained to the contrary, subject to the procedures and practice established hereinafter in Chapter 10 of this Title for conditional use permits, the City Council may provide for the keeping, raising or breeding of animals or livestock within any of the established zoning districts within the City, and the City Council may provide for a single-family residence upon the church grounds for the pastor or minister having charge of the church if a church is permitted by the applicable zoning regulations. Irrespective of the applicable zoning regulations, any such residence on church grounds must be similar to the church in structure and appearance, and may be a mobile home, provided that the church is a mobile home and all conditions required by the City Council in the conditional use permit are met. (Ord. 96-05, 5-21-1996)
C. Accessory Uses: Uses normally accessory and incidental to permitted principal or conditional uses may be permitted as hereinafter specified. (Ord. 91-9, 6-4-1991)
D. Unspecified Uses: The listing of groups of permitted uses is intended to establish the character of uses to be permitted, but not to include each and every use which may be permitted. Unspecified uses may be imposed by the City Council upon evidence and determination that such uses are closely similar in character to and not typically more objectionable than other uses actually listed as permitted.
E. Temporary Uses: Certain temporary uses may be permitted by temporary use permit, subject to such special conditions as may be imposed by the City Council. (Ord. 94-14, 1-3-1995)
8-3-3: SITE UNSUITABILITY:
No land may be used or structure erected where the land is found by the City Council to be unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low bearing strength, erosion susceptibility or any other features likely to be harmful to the health, safety and general welfare of the community. The City Council, in applying the provisions of this Section, shall state, in writing, the particular facts upon which its conclusions are based. The applicant shall have the right to present evidence contesting such determination. (Ord. 94-14, 1-3-1995)
8-3-4: REDUCTION IN USE OR JOINT USE:
No lot, yard, parking or loading area, building area or other space, nor any part thereof, hereinafter required about or in connection with any building shall be included as part of a yard, area or space required for any other building nor shall any yard or lot existing on the effective date hereof be reduced in dimension or area below the minimum requirements hereinafter set forth. (Ord. 91-9, 6-4-1991)
8-3-5: BUILDING HEIGHT:
A. No building shall exceed the heights allowed in the current City Airport Master Plan. (Ord. 91-1, 6-4-1991; amd. 1993 Code)
8-3-6: PROJECTIONS INTO REQUIRED YARDS, RESIDENTIAL DISTRICTS:
A. Awnings, open fire balconies, fire escape stairs, window-type refrigeration units not exceeding one and one-half (11/2) tons or one and one-half (11/2) horsepower rating, suspended or roof evaporative coolers and forced air furnaces may project not more than five feet (5') over any required yard; provided, that they shall be no closer than five feet (5') to any lot line.
B. Cornices and eaves may project over any required yard; provided, that they shall be no closer than five feet (5') to any lot line.
C. Sills, belt courses and similar ornamental features may project not more than six inches (6") over or into any required yard.
D. Unroofed terraces, patios, steps or similar features may project into any required yard; provided, that projections into required front yards shall not exceed ten feet (10').
E. Fireplaces may be allowed to encroach into required yards no closer than five feet (5') to any lot line. (Ord. 91-9, 6-4-1991)
8-3-7: FENCES, WALLS AND HEDGES:
A. Restrictions:
1. No fence, wall, tree, shrub or hedge may be allowed which would obstruct vision at street intersections in any residential district1.
2. No fence or wall shall contain barbed wire, electrical current or charge of electricity, broken glass or similar hazardous materials or devices; provided, however, that fences enclosing storage areas in industrial or commercial districts may use barbed wire extension arms on chainlink fences six feet (6') or higher.
3. No nonbuilding wall or fence in any residential district shall exceed six feet (6') in height without a building permit nor shall such wall or fence exceed four feet (4') within the front yard setback line. (Ord. 91-9, 6-4-1991)
B. Required Screen Walls: Under certain conditions, the City Council may require screen walls to separate incompatible uses, e.g., separation of abutting commercial or industrial uses and residential uses. Such wall shall be constructed by the developer and approved by the City Manager or City Council. (Ord. 94-14, 1-3-1995)
8-3-8: TRASH ENCLOSURES:
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use other than single-family dwellings in every zoning district, except where an approved mechanically-loaded steel bin is used for the purpose or where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of five feet (5') above grade on any abutting street or property. (Ord. 91-9, 6-4-1991)
8-3-9: SWIMMING POOLS:
Swimming pools, whether private, public or commercial, shall comply with the laws, rules and regulations of the City1 and State. (Ord. 91-9, 6-4-1991)
8-3-10: SIGNS:
The provisions of the Uniform Sign Code, as adopted by ordinance of the City shall apply1. (Ord. 91-9, 6-4-1991)
8-3-11: EXTERIOR LIGHTING:
All lighting for advertising off-street parking or loading areas or for the external illumination of buildings shall be directed away from and shielded from any adjacent residential district and shall not detract from driver visibility on adjacent streets or highways, interfere with or cause driver confusion regarding traffic and control devices, interfere with driver vision or create other traffic hazards. (Ord. 91-9, 6-4-1991)
8-3-12: ESSENTIAL SERVICES PERMITTED:
Nothing in this Title shall prevent the location, erection, construction, alteration or maintenance by a public utility of any essential services as herein defined. (Ord. 91-9, 6-4-1991)
8-3-13: BUILDING AND ELECTRICAL CODES:
In all construction hereafter made within the City, the same shall be in accordance with Building Code Ordinance1, the National Electrical Code Ordinance2, and all other applicable City ordinances. (Ord. 91-9, 6-4-1991; amd. 1993 Code)
8-3-14: MOBILE HOMES:
Mobile homes, manufactured homes and factory-built homes are hereby expressly prohibited for living purposes outside the RMH District except as stated in Chapter 5, Article A of this Title. All requirements of the City Mobile Home Parks Ordinance1 and all other applicable provisions of the City ordinances shall be adhered to with respect to standards for the RMH District. (Ord. 91-9, 6-4-1991; amd. Ord. 99-17, 12-21-1999, eff. 1-1-2000)
8-3-15: PARK LAND DEDICATIONS:
In accordance with Nevada statutes, to provide for the acquisition and development of park, playground and recreational facilities as are reasonably necessary to serve the residents of new subdivisions and development within the jurisdiction of the City, the City Council may require the dedication of land, payment in lieu of dedication or residential tax in accordance with the recreation and open space element of the duly adopted General Plan of the City. (Ord. 98-09, 10-6-1998)
8-3-16: SALES PRIOR TO PLAT RECORDATION PROHIBITED:
No person shall hereafter sell or offer for sale any lot, piece or parcel of land which is within a "subdivision", as defined in Section 8-2-2 of this Title. (Ord. 98-09, 10-6-1998)
8-3-17: MODIFICATION OF STANDARDS:
In modifying the standards or requirements of this Title, as outlined hereto, the City Council may make such additional requirements as are necessary, in its judgment, to secure substantially the objectives of the standards or requirements so modified. (Ord. 98-09, 10-6-1998)
West Wendover City Zoning Code
CHAPTER 3
GENERAL ZONING PROVISIONS
8-3-1: STREET AND UTILITY REQUIREMENTS:
The following restrictions shall apply:
A. Generally, all lots shall abut a public street connecting with the public street system. A condominium project shall be considered one lot for purposes of this specific requirement.
B. Building permits may be issued for lots which abut an undedicated portion of a partly dedicated public street. A building permit shall not be issued for any lot for which City public sewerage and water supply is not available. (Ord. 91-9, 6-4-1991)
C. All utilities shall be placed under ground except for lots of record or in special circumstances where the City Council determines that the public purpose and general welfare are better served by allowing aboveground utilities and benefits thereof outweigh any adverse effects to adjoining landowners. (Ord. 95-5, 10-3-1995)
8-3-2: USE RESTRICTIONS:
The following use restrictions shall apply:
A. Principal Uses: Only those uses and groups of uses specifically designated as "principal uses permitted" in zoning district regulations shall be permitted as principal uses; all other uses shall be prohibited as principal uses. (Ord. 91-9, 6-4-1991)
B. Conditional Uses: Certain specified uses designated as "conditional uses permitted" may be permitted as principal uses subject to special conditions of location, design, construction, operation and maintenance hereinafter specified in this Title as imposed by the City Council. Notwithstanding anything herein contained to the contrary, subject to the procedures and practice established hereinafter in Chapter 10 of this Title for conditional use permits, the City Council may provide for the keeping, raising or breeding of animals or livestock within any of the established zoning districts within the City, and the City Council may provide for a single-family residence upon the church grounds for the pastor or minister having charge of the church if a church is permitted by the applicable zoning regulations. Irrespective of the applicable zoning regulations, any such residence on church grounds must be similar to the church in structure and appearance, and may be a mobile home, provided that the church is a mobile home and all conditions required by the City Council in the conditional use permit are met. (Ord. 96-05, 5-21-1996)
C. Accessory Uses: Uses normally accessory and incidental to permitted principal or conditional uses may be permitted as hereinafter specified. (Ord. 91-9, 6-4-1991)
D. Unspecified Uses: The listing of groups of permitted uses is intended to establish the character of uses to be permitted, but not to include each and every use which may be permitted. Unspecified uses may be imposed by the City Council upon evidence and determination that such uses are closely similar in character to and not typically more objectionable than other uses actually listed as permitted.
E. Temporary Uses: Certain temporary uses may be permitted by temporary use permit, subject to such special conditions as may be imposed by the City Council. (Ord. 94-14, 1-3-1995)
8-3-3: SITE UNSUITABILITY:
No land may be used or structure erected where the land is found by the City Council to be unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low bearing strength, erosion susceptibility or any other features likely to be harmful to the health, safety and general welfare of the community. The City Council, in applying the provisions of this Section, shall state, in writing, the particular facts upon which its conclusions are based. The applicant shall have the right to present evidence contesting such determination. (Ord. 94-14, 1-3-1995)
8-3-4: REDUCTION IN USE OR JOINT USE:
No lot, yard, parking or loading area, building area or other space, nor any part thereof, hereinafter required about or in connection with any building shall be included as part of a yard, area or space required for any other building nor shall any yard or lot existing on the effective date hereof be reduced in dimension or area below the minimum requirements hereinafter set forth. (Ord. 91-9, 6-4-1991)
8-3-5: BUILDING HEIGHT:
A. No building shall exceed the heights allowed in the current City Airport Master Plan. (Ord. 91-1, 6-4-1991; amd. 1993 Code)
8-3-6: PROJECTIONS INTO REQUIRED YARDS, RESIDENTIAL DISTRICTS:
A. Awnings, open fire balconies, fire escape stairs, window-type refrigeration units not exceeding one and one-half (11/2) tons or one and one-half (11/2) horsepower rating, suspended or roof evaporative coolers and forced air furnaces may project not more than five feet (5') over any required yard; provided, that they shall be no closer than five feet (5') to any lot line.
B. Cornices and eaves may project over any required yard; provided, that they shall be no closer than five feet (5') to any lot line.
C. Sills, belt courses and similar ornamental features may project not more than six inches (6") over or into any required yard.
D. Unroofed terraces, patios, steps or similar features may project into any required yard; provided, that projections into required front yards shall not exceed ten feet (10').
E. Fireplaces may be allowed to encroach into required yards no closer than five feet (5') to any lot line. (Ord. 91-9, 6-4-1991)
8-3-7: FENCES, WALLS AND HEDGES:
A. Restrictions:
1. No fence, wall, tree, shrub or hedge may be allowed which would obstruct vision at street intersections in any residential district1.
2. No fence or wall shall contain barbed wire, electrical current or charge of electricity, broken glass or similar hazardous materials or devices; provided, however, that fences enclosing storage areas in industrial or commercial districts may use barbed wire extension arms on chainlink fences six feet (6') or higher.
3. No nonbuilding wall or fence in any residential district shall exceed six feet (6') in height without a building permit nor shall such wall or fence exceed four feet (4') within the front yard setback line. (Ord. 91-9, 6-4-1991)
B. Required Screen Walls: Under certain conditions, the City Council may require screen walls to separate incompatible uses, e.g., separation of abutting commercial or industrial uses and residential uses. Such wall shall be constructed by the developer and approved by the City Manager or City Council. (Ord. 94-14, 1-3-1995)
8-3-8: TRASH ENCLOSURES:
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use other than single-family dwellings in every zoning district, except where an approved mechanically-loaded steel bin is used for the purpose or where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of five feet (5') above grade on any abutting street or property. (Ord. 91-9, 6-4-1991)
8-3-9: SWIMMING POOLS:
Swimming pools, whether private, public or commercial, shall comply with the laws, rules and regulations of the City1 and State. (Ord. 91-9, 6-4-1991)
8-3-10: SIGNS:
The provisions of the Uniform Sign Code, as adopted by ordinance of the City shall apply1. (Ord. 91-9, 6-4-1991)
8-3-11: EXTERIOR LIGHTING:
All lighting for advertising off-street parking or loading areas or for the external illumination of buildings shall be directed away from and shielded from any adjacent residential district and shall not detract from driver visibility on adjacent streets or highways, interfere with or cause driver confusion regarding traffic and control devices, interfere with driver vision or create other traffic hazards. (Ord. 91-9, 6-4-1991)
8-3-12: ESSENTIAL SERVICES PERMITTED:
Nothing in this Title shall prevent the location, erection, construction, alteration or maintenance by a public utility of any essential services as herein defined. (Ord. 91-9, 6-4-1991)
8-3-13: BUILDING AND ELECTRICAL CODES:
In all construction hereafter made within the City, the same shall be in accordance with Building Code Ordinance1, the National Electrical Code Ordinance2, and all other applicable City ordinances. (Ord. 91-9, 6-4-1991; amd. 1993 Code)
8-3-14: MOBILE HOMES:
Mobile homes, manufactured homes and factory-built homes are hereby expressly prohibited for living purposes outside the RMH District except as stated in Chapter 5, Article A of this Title. All requirements of the City Mobile Home Parks Ordinance1 and all other applicable provisions of the City ordinances shall be adhered to with respect to standards for the RMH District. (Ord. 91-9, 6-4-1991; amd. Ord. 99-17, 12-21-1999, eff. 1-1-2000)
8-3-15: PARK LAND DEDICATIONS:
In accordance with Nevada statutes, to provide for the acquisition and development of park, playground and recreational facilities as are reasonably necessary to serve the residents of new subdivisions and development within the jurisdiction of the City, the City Council may require the dedication of land, payment in lieu of dedication or residential tax in accordance with the recreation and open space element of the duly adopted General Plan of the City. (Ord. 98-09, 10-6-1998)
8-3-16: SALES PRIOR TO PLAT RECORDATION PROHIBITED:
No person shall hereafter sell or offer for sale any lot, piece or parcel of land which is within a "subdivision", as defined in Section 8-2-2 of this Title. (Ord. 98-09, 10-6-1998)
8-3-17: MODIFICATION OF STANDARDS:
In modifying the standards or requirements of this Title, as outlined hereto, the City Council may make such additional requirements as are necessary, in its judgment, to secure substantially the objectives of the standards or requirements so modified. (Ord. 98-09, 10-6-1998)