A.

No lot or parcel shall be reduced in area to be less in any dimension or size than is required by the provisions applicable to the land use district in which said lot is located.

B.

No portion of any lot or parcel of land, which is part of the required area for an existing building, shall be used as a part of the required area of any other lot or parcel for any other building.

(Ord. 617 § 1.1 Exh. A (part), 1996)

Any building for which a permit has been issued prior to the effective date of the ordinance codified in this title, and which is in conflict with said ordinance, and of which substantial work has been performed, may continue construction until completion, according to the plans and specifications on which the permit was issued.

(Ord. 617 § 1.1 Exh. A (part), 1996)

Improper disposal of toxic and/or polluting, hazardous materials and/or substances is unlawful in all districts.

(Ord. 617 § 1.1 Exh. A (part), 1996)

A.

Fences, hedges and walls not over six feet in height may be erected on lot lines, except in required front yard areas. Fences, hedges and walls not over three feet in height may be built anywhere on the lot.

B.

There shall be no fences, hedges, walls, shrubbery or other obstruction to vision more than three feet higher than curb level within twenty feet of the intersection of any two streets on any corner lot.

(Ord. 617 § 1.1 Exh. A (part), 1996)

A.

Except during construction, glare from arc welding, acetylene torch cutting or similar activities shall not be seen from any point outside the property on which the work is being performed.

B.

Noise shall be so muffled so as not to become objectionable due to volume, intermittence, beat, frequency or shrilling.

C.

Smoke shall be controlled so as to provide proper safeguards for the public health, safety or general welfare in whatever manner as further provided by other ordinances.

D.

The emission of obnoxious odors of any kind shall not be permitted.

E.

No gas that may be harmful to the public health, safety or general welfare shall be emitted.

(Ord. 617 § 1.1 Exh. A (part), 1996)

A.

No principal building or structure shall exceed thirty-five feet in height except with the issuance of a special use permit.

B.

The requirements of this chapter shall not apply to:

1.

Belfries, chimneys, church spires and the like except where they are hazards or violate the provisions of other chapters;

2.

Parapet walls may extend four feet or less above the limiting height of the building on which they rest.

C.

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and/or towers, church steeples, flagpoles, chimneys, or similar structures may exceed the height limit when approved by the planning commission.

D.

No roof structure, or any space above the height limit shall be allowed for the purpose of providing additional living or floor space.

(Ord. 617 § 1.1 Exh. A (part), 1996)

Any lighting facilities shall be so installed as to reflect away from adjoining properties.

(Ord. 617 § 1.1 Exh. A (part), 1996)

A.

Whenever the city council or city staff determines that sewer capacity is not sufficient to provide sewer service to undeveloped property in an area already served by a sewer main, the area shall be designated "sewer restricted."

B.

City zoning and other maps shall thereupon be marked with the new designation.

C.

No building permit shall be issued for construction in any sewer restricted area until the building inspector has determined that adequate, unallocated sewer capacity exists to provide service for the proposed use, or that the applicant holds sufficient sewer allocation to handle the proposed use.

D.

The sewer restricted area is intended as an informational overlay zoning designation for the purpose of alerting all persons of the fact of limited sewer capacity for specific land. The underlying zoning is not affected in any way by the sewer restricted overlay, except that the property may not be able to be used for any use requiring sewer until adequate sewer capacity is provided.

(Ord. 617 § 1.1 Exh. A (part), 1996)

A.

No required yard or open space around any building shall be considered a yard or open space for any other building on an adjoining lot or parcel.

B.

Where yards are required by this title, they shall be open and unobstructed from the ground to the sky, except as otherwise herein provided.

C.

On through lots, either end lot line may be considered the front line, in which case the minimum rear yard shall not be less than the required front yard of the land use district in which such lot is located.

D.

Exceptions—permitted projections into required yards:

1.

Cornices, eaves, roof overhangs, trellises, beams, joists and other similar roof projections may extend or project into required yards according to the following chart:

2.

Outside stairs, porches, platforms, balconies or landing places, if unroofed and unenclosed, may extend into a required front yard for a distance of not more than two feet;

3.

Outside stairs, porches, platforms, balconies or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance of not more than three feet.

E.

Outside stairs, porches, platforms, balconies or landing places, if unroofed and unenclosed, may extend into a rear yard a distance of not more than five feet.

(Ord. 617 § 1.1 Exh. A (part), 1996)

See Chapter 17.24.

(Ord. 617 § 1.1 Exh. A (part), 1996)

See Chapter 17.25.

(Ord. 617 § 1.1 Exh. A (part), 1996)

See Chapter 17.27.

(Ord. 617 § 1.1 Exh. A (part), 1996)

A.

Notwithstanding any other provision of this code, medical marijuana establishments and marijuana establishments are not allowed, and shall be unlawful as a permitted use, conditional use or accessory use in any zoning district within the incorporated area of the City of Winnemucca, except:

1.

In the G-C General Commercial district there are allowed:

a.

Medical marijuana establishments with the exception of cultivation facilities which are not allowed; and,

b.

Marijuana establishments with the exception of marijuana cultivation facilities which are not allowed.

2.

In the M-1 Industrial district all medical marijuana establishments and marijuana establishments are allowed.

B.

For purposes of WMC Chapter 17, the following apply:

a.

"Medical marijuana establishment" is as defined in NRS 453A.116;

b.

"Marijuana establishment" is as defined in subsection 11 of NRS 453D.030;

c.

"Cultivation facility" is as defined in NRS 453A.056;

d.

"Marijuana cultivation facility" is as defined in subsection 11 of NRS 453D.030;

e.

Any word or term used herein specific to medical marijuana establishments and marijuana establishments which does not have a meaning ascribed to it in this chapter shall have the meaning ascribed to such word or term in NRS 453A and/or NRS 453D;

f.

Whenever the context requires, the gender of all words shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and plural; and,

g.

The term "marijuana establishment" is synonymous with "recreational marijuana establishment," which term is used in this chapter to further identify and distinguish a recreational or adult-use "marijuana establishment" from a "medical marijuana establishment."

D.

The prohibition of medical marijuana establishments and recreational marijuana establishments is not intended to interfere with the individual rights of persons to the use of marijuana as permitted by NRS 453A and NRS 453D.

( Ord. No. 801 , § 1.1, 12-16-2014; Ord. No. 825 , § 1.1, 9-17-2019)

Editor's note— Ord. No. 825 , § 1.1, adopted Sept. 17, 2019, changed the title of § 17.21.130 from "Medical marijuana establishments prohibited" to read as herein set out.