White Pine County Unincorporated
City Zoning Code

The provisions of this title, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. The adoption of the ordinance codified herein shall not constitute a validation of any use not conforming with the provisions of the district in which it is located. (Ord. 203 §3, 1987)

The existing use or uses of all buildings, improvements and premises not in conformity with the standards and requirements of the zoning district in which they are located, in accordance with the provisions of this title, and which uses are legal, may be continued as nonconforming uses, as defined in this title, and subject to the provisions regulating such nonconforming uses. (Ord. 203 §4, 1987)

Where a lot has a width or area less than that required in the district of which it is a part and was held under separate ownership, or was of record at the time the ordinance codified herein became effective, such lot may be occupied by uses permitted in the district, subject to the yard requirements and such other regulations of the district. (Ord. 203 §5, 1987)

   A.   Interpretation: When the term "other uses which the commission deems to be similar" is used, it means those other uses which, in the judgment of the commission, are similar to and not more objectionable to the health, safety and general welfare than the uses listed in the same section. In no case shall a use listed in a less restricted district be permitted in a more restricted district by interpretation.

   B.   Unlawful Acts: It is unlawful for any person to erect, construct, establish, alter, enlarge, or permit to be erected, constructed, established, altered or enlarged, or to use or occupy or permit to be used or occupied, any land, building or premises for any purpose or in any manner contrary to the provisions of this title.

   C.   Consistency With State And Federal Law: Notwithstanding any other provision of this title, any land use, activity or establishment that contravenes either state or federal law, or both, is prohibited. (Ord. 458, 2014)

   A.   The requirements of this title as to minimum lot area shall not be construed to prevent the use for a single-family dwelling on any lot or parcel of land other than in the O and M-2 districts in the event that such lot or parcel of land was held in separate ownership at the time of adoption of the original zoning ordinance.

   B.   No portion of any lot or parcel of land which has been designated or used as a part of a lot area or yard as required by this title shall be included as a portion of an area or yard for another building if such inclusion will reduce the lot area or yard required for the original lot or parcel of land to less than the minimum lot area or dimension of yard required for the zoning district in which such property is located.

   C.   No lot or parcel of land held under separate ownership at the time this chapter became effective, shall be reduced in any manner below the minimum lot area, size or dimension required by this title.

   D.   Every building hereafter erected shall be located on a "lot" as defined in this title. In no case shall there be more than one main residential building and its accessory building on one lot. Dwelling groups may be considered as one main residential building.

   E.   No building permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion of its required width and located on that side thereof from which no dedication was secured, unless the yards provided on such lot include both that portion of the lot lying within the future street and the required yards.

   F.   No parking area, parking space or loading space which is provided for the purpose of complying with the provisions of this title, shall thereafter be relinquished or reduced in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, the location of which is approved by the commission.

   G.   Residential buildings and uses in a commercial or manufacturing district shall maintain the area requirements of the R-M-50 district for such building or uses. (Ord. 203 §19(B), 1987)

The permitted height of buildings shall be exclusive of roof structures and structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts, or similar structures. (Ord. 203 §19(C), 1987)

   A.   Outside stairways, fire escapes or porches if unroofed and unenclosed may extend into a required side yard for a distance not to exceed three feet (3') or into the required rear yard for a distance not to exceed four feet (4').

   B.   Cornices, canopies, eaves or other similar architectural features may extend into a required yard not to exceed two feet (2').

   C.   Accessory buildings in a residential district shall not be permitted to occupy more than one-third (1/3) of the total area of such rear yard.

   D.   In any M-1 district or any C districts, the following requirements shall apply:

      1.   Residential buildings and uses shall maintain the yard requirements of the R-M-50 district for such buildings or uses.

      2.   Where abutting any R district, a minimum side yard of a width not less than that specified for an R-M district shall be required. (Ord. 203 §19(D), 1987)

   A.   Fences, walls and hedges may be located in required yards as follows:

      1.   If not exceeding four feet (4') in height, such may be located in any yard or court.

      2.   If not exceeding six feet (6') in height, such may be located in any required rear yard or side yard, provided that on a corner lot, the rear of which abuts the front yard of another lot in an R district, no such fence, wall or hedge shall exceed four feet (4') in height in the exterior side yard.

      3.   On any corner lot in an R district there shall be no structure, fences, shrubbery or obstruction to vision more than three and one-half feet (31/2') high within twenty five feet (25') of the intersection of any two (2) street curb lines; provided, however, that shade trees of sufficient height to permit sight distance one street to the other under the lowest branches of foliage thereof, may be permitted and maintained. (Ord. 203 §19(E), 1987)

   A.   It is unlawful to locate, erect or construct any building on any lot without provision for approved water supply and sewage disposal facilities. Wherever an existing water and/or sewer main is accessible, connections shall be made with such mains. In every other case, individual water supply and sewage disposal facilities meeting the requirements of the health department agency shall be installed under its supervision.

   B.   A certificate of approval of the proposed method of water supply and sanitary disposal of wastes shall be obtained from the health agency prior to the filing of the application for a building permit, and such certificate shall accompany each such application. (Ord. 203 §19(F), 1987)

   A.   Applications for special use permits and variances are filed with the building and planning department. Approval of the applications is a decision of the White Pine County commission following a public hearing.

   B.   Fees for special use permits and variances are established by resolution by the county commission and shall cover the costs of advertisement; mailing certified, return receipt notices to the adjacent property owners; and recording final documents. The fee is nonrefundable if the application is denied or the applicant decides not to proceed with the activity.

   C.   The applicant for a special use permit or variance must be the property owner or it may be filed by the potential buyer if the application is accompanied with a copy of an accepted offer to purchase that is contingent on approval of a special use permit or variance.

   D.   Special use permits and variances are issued on a onetime basis and are recorded at the White Pine County recorder's office. A special use permit or variance is specific to the property, use, and proposed construction but can be transferred to the new owner if the property is sold.

   E.   A special use permit or a variance remains in effect unless: 1) the activity requiring the variance or special use permit is not initiated within twelve (12) months of the date the permit is issued or discontinues for a period of more than three hundred sixty five (365) consecutive days and 2) the county commission determines that the terms of the special use permit or variance have been violated and votes to revoke it.

   F.   All notifications and correspondence issued by the building and planning department will be provided to the applicant in writing and sent via certified mail. (Ord. 447, 2013)