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(A) Mobile homes shall be regulated by chapter 8, "Mobile Home Parks And Residential Mobile Home Districts", of this title, in conjunction with the official zoning district map.
(B) A manufactured or factory built home may be placed in an area zoned rural residential and farming, neighborhood residential, intermediate residential or commercial–1, or any other zoning district which recognizes single-family dwelling as a "principal permitted use"; provided that all of the following standards are complied with:
(1) At least seventy five percent (75%) of the home will be twenty three feet (23') wide with a minimal living area of one thousand two hundred (1,200) square feet.
(2) The home has roofing materials which are customarily acceptable for site built housing. Any roofing material may be used, provided it has the appearance of nonmetallic shingle, shake or tile roof. Roofs shall have a minimum slope of two to twelve (2:12) and minimum overhanging eaves of nine inches (9").
(3) The home has siding materials which are customarily acceptable for site built housing. Any siding material may be used, provided it has the appearance of wood, masonry or horizontal metal siding. Reflection from siding shall be no greater than that from siding coated with white gloss enamel.
(4) The home is permanently affixed to a foundation in accordance with state and county guidelines and regulations which will qualify the home to be placed on the real property tax rolls for the county. The foundation fascia shall be aesthetically compatible with the manufactured or factory built home, which means the fascia shall be an extension of the siding or be of materials which are similar to the surrounding homes, and have been approved by the city.
(5) A building permit shall be obtained from the city to ensure that the manufactured or factory built home is assembled on site to standards regulating the anchoring of the structure to its foundation and other building requirements.
(6) The home shall have a crawl space which corresponds to state and county regulations and guidelines which are included in the information governing the foundation.
(7) The home must be constructed and certified as either meeting the home construction and safety standards of the U.S. department of housing and urban development (HUD) or the building code.
(8) The manufactured or mobile home buyer/owner must also own or be purchasing the land upon which the home will be sited.
(9) The owner or purchaser agrees to immediately declare the manufactured or mobile home as real property under Nevada Revised Statutes 361.244 and to have this conversion from personal property to real property recorded with the county assessor's office. Proof of this conversion must be provided to the Carlin city office by the owner/purchaser.
(10) The lots shall conform to all applicable lot size, setback, parking and other requirements of the residential zoning district.
(11) Accessory structures to manufactured or factory built housing shall be constructed in compliance with the standards specified in the residential zoning district; and
Further provided, that twenty (20) days prior to any such certification by the inspector, application has been made at the office of the city clerk, together with the payment of the required application fee and the posting of a payment bond for the installation of the manufactured or factory built home within a six (6) month period, and
Further provided, that if the manufactured or factory built home is placed in a commercial–1 zoned area that all setback requirements and dimensional controls for intermediate residentially zoned properties set forth in section 3-5-1 of this title are complied with.
(12) The manufactured or factory built home shall be manufactured within the five (5) years immediately preceding the date on which it is affixed to the residential lot.
(13) As provided in Nevada Revised Statutes, the provisions of this section do not abrogate recorded restrictive covenants prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to Nevada Revised Statutes 384.005 and 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district. (Ord. 210, 1-25-2006)
The board of councilmen may, from time to time as the public necessity, convenience, general welfare, or good zoning practice requires, change the district boundaries, or reclassify the zoning of certain areas, or amend, change, repeal, or supplement the regulations herein established. Such change or amendment may be initiated by the board of councilmen or the planning commission on its own motion, or by application of one or more owners of real property within the area proposed to be changed.
(A) Applications: Applications for change of district boundaries, reclassifications of the zoning of certain areas, 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.
(1) Payment of a filing fee in an amount established by a schedule adopted by resolution of the board of councilmen and filed in the office of the city clerk.
(2) 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 board of councilmen or the planning commission, or when the petitioner is the city, county, state, or federal government.
(B) Commission Public Hearing:
(1) Notice Of Hearing: The planning commission shall set a date for public hearing of the petition by the commission. 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.
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. In addition to publication of such notice, it shall be mailed by certified mail to all property owners within three hundred feet (300') of the exterior boundary of the property requesting such zone change prior to the public hearing.
(2) Hearing: The commission 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.
(3) Commission Action: Within forty (40) days after the public hearing the planning commission shall file a written report with the board of councilmen recommending that the application be granted as requested, granted subject to specific conditions, or denied. The commission's recommendation shall be transmitted to the city clerk and a copy mailed to the applicant. Failure by the planning commission to file a report with the board of councilmen shall be deemed approval by the planning commission.
(C) Board Of Councilmen's Public Hearing:
(1) Upon receipt of the planning commission's recommendation on the application, the city clerk shall set a date for public hearing of the matter by the board of councilmen, and shall give thirty (30) days' notice of hearing, posted and published as required by law to the public and to the property owners.
(2) The board of councilmen shall set at such public hearing on the application, consider the planning commission's recommendation and hear all evidence offered by the applicant and parties in interest.
(3) At the public hearing, or within fifteen (15) days thereafter, the board of councilmen shall approve or deny the petition. If the board of councilmen's decision is to approve the amendment, without conditions, or to approve the amendment subject to conditions agreed to by the petitioner, the zoning amendment shall be adopted and shall become effective as provided by law. (Ord. 116, 3-11-1981, eff. 3-18-1981)
A minimum distance of at least one thousand three hundred twenty feet (1,320') shall be required between residential establishments. A residential establishment is defined in Nevada Revised Statutes 278.020(7)(d) as: "Residential establishment" means: a) a home for individual residential care in a community whose population is one hundred thousand (100,000) or more, b) a halfway house for recovering alcohol and drug abusers or c) a residential facility for groups.
(A) The definition of "individual residential care" is not applicable as the population of Elko County is less than one hundred thousand (100,000).
(B) "Halfway house for recovering alcohol and drug abusers" is defined in Nevada Revised Statutes as: "Halfway house for recovering alcohol and drug abusers" means 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.
(C) "Residential facility for groups" is defined in Nevada Revised Statutes 449.017 as: Except as otherwise provided in subsection (B) of this section, "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. 199, 11-14-2001)