White Pine County Unincorporated
City Zoning Code

White Pine County recognizes home occupations can be useful to both the general community as well as the business owner. It is the intent and purpose of the minor deviation/home occupation provisions to provide for certain types of occupational uses within residential districts. Home occupations must have the following characteristics: a) they are not disruptive to the residential use of adjacent properties; b) they generate less traffic and noise than typical commercial or industrial activities; and c) they are compatible in appearance, operating hours, and other factors with the surrounding neighborhood. Home occupations may involve service as well as manufacturing, but must be accessory and subordinate to the residential use of the property. Home occupations are not intended to create new commercial or industrial areas, but rather to provide an opportunity to supplement an income, start up a business, or establish a workplace at home. (Ord. 448, 2013)

   A.   Activity that would ordinarily be allowed in a residential zone for personal use and enjoyment and may generate revenue for the resident, that is occasional, that is not advertised as a business activity, that does not have the characteristics of a business (contracts for products and services, business liability insurance, or special permits and licenses), and that has no impact on the residential neighborhood in excess of normal residential activity does not require a home occupation permit.

      1.   Examples include: a) periodic baby sitting; b) occasional sale of animals (based on number and type of animals allowed in residential areas under provisions of this code); c) periodic sales of products manufactured as a result of a hobby that is allowed in a residential area (woodworking, sewing, photography, etc.); d) foster care; e) occasional yard and garage sales; f) periodic consulting services; g) occasional internet sales and trading activity; h) in home or off site sales providing delivery and storage of products does not impair the residential character of the neighborhood; and i) other activity deemed similar by the commission. (Ord. 448, 2013)

   A.   Activity which is carried out on a regular, full time, and year round basis and has the characteristics of a business (is advertised, involves contracts for products and services, and may require business liability insurance or licensing and permits) but falls within the ten percent (10%) limits of a minor deviation may be conducted with a home occupation permit authorized without a public hearing. Characteristics of a minor deviation home occupation include: 1) ongoing business activity that is conducted by the home owner/renter (with the owner's written permission) and members of the family residing in the dwelling; 2) activity that does not generate traffic, parking, or deliveries in excess of normal residential use; 3) activity that is secondary to the residential use of dwellings, garages, other accessory buildings, and yard areas; 4) activity that does not require modification of the property that is inconsistent with the residential character of the neighborhood; 5) activity that does not generate noise, fumes, vibration, storage of hazardous or flammable materials, or electrical interference that is in excess of normal residential use.

      1.   Examples include: sewing and tailoring for clients; photography and artwork on a contract basis; instrument instruction; tutoring; personal trainers; housekeeping and janitorial work; landscaping and lawn care services; childcare which falls under state guidelines for licensed childcare; medical transcription and billing; secretarial and/or bookkeeping service; home office facilities for off site business activity including sales, building contractor, surveying, and over the road trucking; offices for professional services including attorneys, architects, engineers, accountants, or real estate brokers, or other home occupation activity deemed similar in nature by the commission.

      2.   Business activities that are not considered eligible for home occupation permits include: a) activities that by their nature include hazardous materials, activity, and outside storage activity that is incompatible with residential zoning requirements including on site automobile repair, auto bodywork, auto upholstering, or similar automobile related activity, munitions manufacturing, and food processing or packaging; b) any activity that is not allowed within the same structure as a dwelling by state or federal regulation; and c) any activity that would be in violation of any portion of this code. (Ord. 448, 2013)

Any business activity conducted in a residential zone that exceeds the definition of a minor deviation requires a special use permit. (Ord. 448, 2013)

Zoning requirements governing production and sale of agricultural, mineral and nonmineral rock products, forest products, and other natural resource related products in open range, O-5 zones are included in the zoning use section for O-5, open range. All other types of home occupation activities conducted in O-5, open range zones require a home occupation permit. (Ord. 448, 2013)

Zoning requirements governing production and sales of agricultural produce in ranch agricultural (R-A) zones and residential, R-E zones are included in the zoning use section for ranch agricultural (R-A) and R-E zones. All other types of home occupation activities conducted in ranch agricultural (R-A) and residential, R-E zones require a home occupation permit. (Ord. 448, 2013)

   A.   Nontransferable: Every home occupation permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. Permits for home occupations are not transferable and do not run with the land.

   B.   Number Of Home Occupation Permits Per Premises: The total number of home occupation permits per premises is limited to one which shall encompass all business activities conducted within the property boundary and the cumulative impact of all business activity conducted on the premises must meet the criteria of a ten percent (10%) deviation.

   C.   Garages: When located in a garage, the home occupation shall not permanently eliminate the use of the garage as a parking space for personal vehicles.

   D.   Outside Storage: There shall be no outside storage of materials, waste, or merchandise visible from any public right of way.

   E.   Utilities: The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

   F.   Residential Character: No dwelling or accessory building shall be built or altered in such a manner as to change the residential character and appearance of the premises, or in such a manner as to cause the structure to be recognized as a place where a nonresidential use is conducted. There shall be no entrance or exit specifically provided or marked on the dwelling for the conduct of the home occupation.

   G.   Impact On Surrounding Property: There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, smoke, or noise noticeable beyond the property line. No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other device outside the dwelling unit structure or cause fluctuations in the line voltage outside the dwelling unit structure. Activities conducted or equipment or material used or stored shall not adversely change the fire safety of the premises.

   H.   Signage: There may be a nonflashing sign not exceeding two (2) square feet in area indicating name and/or occupation of a person or persons residing in or legally occupying the premises or indicating a home occupation legally existing on the premises.

   I.   Advertisement: There must be no public advertising which calls attention to the fact that the dwelling is being used for business purposes. Telephone listings, business cards, or any other advertising of the business shall not include the dwelling address. The name, telephone, and purpose of the home occupation may be advertised on not more than one vehicle which is operated by the resident or residents of the dwelling in conjunction with the business. The home address may appear on letterhead and invoices when the home address is also the business address.

   J.   Traffic And Parking: The home occupation shall not generate vehicular traffic measurable in excess of that normally associated with single-family residential use (average of 10 trips per day per household in medium density residential neighborhoods). There shall be no more than one vehicle, which cannot exceed two (2) tons in capacity at the residence specifically associated with the home occupation. The building and planning department may make additional requirements for on site parking for clients, customers, or students.

   K.   Deliveries: Deliveries shall not restrict traffic circulation. Delivery and pick up of materials to and from the premises by a commercial panel delivery vehicle is permitted but delivery and pick up of materials by a semitruck (18 wheels, tandem axles, averaging 20,000 to 24,000 pounds empty, 80,000 pounds loaded) shall be limited to no more than one trip per week and shall not restrict traffic on residential streets.

   L.   Employees: No on site office staff or business personnel shall be permitted in any home occupation unless the employees are members of the family and reside on the premises. Persons engaged in building trades or similar fields using residential premises as an office for business activities conducted off the premises, may have employees if they are not employed on the premises. (Ord. 448, 2013)

Applications for a home occupation permit are filed with the building and planning department. Responsibility for review, approval, and enforcement of home occupation permits is assigned to the building and planning department. (Ord. 448, 2013)

Fees for home occupation permit applications, renewals, and appeals are established by resolution by the county commission and shall cover the costs of advertisement and, as needed, mailing certified, return receipt notices to the adjacent property owners. The home occupation permit fee is nonrefundable if the application is denied or the applicant decides not to proceed with the activity. The fee is not transferable to the special use permit application fee if the final determination of the review of a home occupation permit application is that a special use permit is required. (Ord. 448, 2013)

All correspondence from the building and planning department to an applicant or potential applicant for a home occupation permit shall be in writing and shall be sent via certified mail. (Ord. 448, 2013)

In response to an inquiry for a home occupation permit, an information package explaining the requirements and process for a home occupation permit will be provided to the potential applicant to assist in determining if they should proceed with the application for a home occupation permit or if their proposed activity will require a special use permit. The building and planning department will conduct an initial review of an inquiry or application for a home occupation permit, and issue a letter of opinion that a home occupation permit is not required, a home occupation permit is required, or that a special use permit will be needed within ten (10) business days of the inquiry. (Ord. 448, 2013)

   A.   The applicant for a home occupation permit must submit:

      1.   Application And Checklist: A completed application form and home occupation compliance checklist.

      2.   Parcel Map: A copy of the assessor's parcel map of the property showing the size, configuration of the plot, the affected properties, and the property ownership of the affected properties.

      3.   Support From Affected Properties: Per Nevada Revised Statutes 278.319, a signed statement in support of the proposed use from each of the owners of the affected properties must accompany the application.

      4.   Statement Indicating Use Is Compliant: A statement signed by the applicant that the proposed use shall comply with all local, state, and federal regulations pertinent to the activity pursued and that the applicant understands that he/she is responsible to contact the building and planning department, other agencies which may have additional requirements or limitations regarding the proposed use.

      5.   Rental Property: If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving permission for the home occupation shall be provided by the applicant.

      6.   Notarization And Fee: The signed application package must be notarized and be accompanied with the fee for a home occupation permit application. (Ord. 448, 2013)

All home occupation applications are reviewed by the building and planning department which will make a determination on the application and issue a written notice of approval or denial no later than thirty (30) days after receipt of a complete application. (Ord. 448, 2013)

Approval is based on the facts found in the application. The building and planning department will determine if the proposed use meets the criteria of a minor deviation from the required use of the zone district and that the site is adequate in size and shape to accommodate the proposed activity, which will be secondary to the residential use and will not change the residential character of the premises; that the site for the proposed use is accessible by streets adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; and that the proposed use will have no adverse effect upon affected properties or the permitted use thereof. (Ord. 448, 2013)

   A.   The building and planning department shall issue a written notice of approval or denial.

      1.   The notice of approval shall list the findings and any special conditions placed upon the permit and shall include a statement that the conditions are deemed necessary to protect the public health, safety, and general welfare.

      2.   The notice of approval will include a home occupation agreement listing the requirements and specific terms of the permit. The agreement must be signed by the permittee and be attested to by the county clerk. A copy of the permit will be provided to the permittee and the original will be retained on file at the building and planning department.

      3.   The notice of denial shall list the specific reasons for denial of the application and if a special use permit is recommended. (Ord. 448, 2013)

All decisions of approval or denial of a home occupation permit application shall be reported in a legal advertisement in a newspaper of general circulation in the county twice in two (2) consecutive weeks commencing within ten (10) days of the date of the written notice of approval or denial. (Ord. 448, 2013)

   A.   Pursuant to Nevada Revised Statutes 278.3195, the decision to grant or deny a home occupation permit may be appealed by the applicant or aggrieved party to the county commission.

      1.   A written appeal shall be filed within thirty (30) days after the final public notification in the "Ely Times".

      2.   The county commission shall schedule a public hearing to consider the appeal in accordance with section 17.100.010 of this title, procedures for public hearing. The county commission may decide to affirm, modify, or reverse a decision to approve or deny a home occupation permit. The decision must be guided by the statement of purpose underlying the regulation of the improvement of land and must be made within sixty (60) days of the appeal.

      3.   The fee for an appeal includes the cost of advertising and notification of affected property owners by certified mail and is the responsibility of the appellant.

      4.   The decision of the county commission is final for the purpose of judicial review. (Ord. 448, 2013)

The activity for which the home occupation permit is granted shall commence operations within twelve (12) months of the date of final approval unless an extension request has been granted, or the home occupation permit shall become null and void. (Ord. 448, 2013)

All home occupation permits expire on the first calendar day of the year and shall be renewed annually. Notice of renewal will be provided to all home occupation permit holders no later than November 1 of each calendar year and all home occupation permits must be renewed by December 1 of the calendar year. (Ord. 448, 2013)

All home occupation renewal requests shall be accompanied by a renewal fee and a signed, notarized statement by the owner that the home occupation activity is conducted in accordance with the provisions of this code and the conditions of the home occupation permit. (Ord. 448, 2013)

The building and planning department will review the applications for renewal. A notice of approval of the renewal will be provided to the applicant no later than January 1 of each calendar year. (Ord. 448, 2013)

A notice of the home occupation permits that have expired, been renewed, or been revoked accompanied by a statement that the renewal is based on the owner's certification that the activity is in conformance with this code and special conditions of the permit, shall be published in a daily newspaper of general circulation in the county twice in two (2) consecutive weeks commencing no later than January 31 of each year. (Ord. 448, 2013)

   A.   In the event any or all of the home occupation criteria, terms, or conditions associated with a specific permit are not adhered to, the home occupation permit may be subject to possible revocation by the county commission. If the building and planning department determines that the activity no longer fits the provisions for a home occupation permit and exceeds the threshold for a ten percent (10%) deviation from the land use requirements in the residential zone, the permittee will be informed in writing and will have sixty (60) days to work with the building and planning department to correct the deficiencies. If the deficiencies are satisfactorily addressed, the building and planning department will provide written certification that the activity has been revised to meet the home occupation permit criteria.

      1.   If the owner does not respond to the notice of noncompliance, or if the issues cannot be addressed successfully within the sixty (60) day period, the building and planning department will provide the permittee with a written notice that a request to consider revocation of the permit will be forwarded to the county commission to be placed on the next county commission agenda for a decision.

      2.   The home occupation activity may continue until a final decision is rendered or the special use permit process is completed. (Ord. 448, 2013)

   A.   A complaint that the home occupation permit activity is not being operated in compliance with this chapter or the special terms and conditions of the permit may be filed by an aggrieved party at any time.

      1.   The complaint must be in written form and include a notarized signature by the complainant.

      2.   Within ten (10) business days of the receipt of a complaint, the building and planning department will notify the owner in writing and investigate the complaint.

      3.   Within thirty (30) days of the written notification to the owner, the building and planning department will issue a written opinion to the owner and the complainant and will report the action taken in an open public meeting of the White Pine County board of county commissioners.

         a.   If the building and planning department reports to the county commission that the activity is appropriate for the home occupation permit, the complainant may file a written appeal with the board of county commissioners.

            (1)   The county commission will review the appeal and issue a decision in an open public meeting no later than thirty (30) days from the receipt of the appeal.

            (2)   If the county commission upholds the building and planning department's decision, the complainant's final recourse is through court action.

         b.   If the building and planning department determines that the activity is not appropriate for the home occupation permit, the process for revocation of the home occupation permit (section 17.72.230 of this chapter) will be invoked. (Ord. 448, 2013)