Pursuant to the provisions of S.B. 167, chapter 749, 1975 Statutes of Nevada, the following procedures and criteria shall be used in evaluating applications for open space use assessments:
(A) All applications pursuant to this Ordinance shall be received by the Elko County Assessor from owners of real property and shall be in conformance with State law.
(B) Before any application for open space use assessment shall be granted, the following criteria must be met:
1. No application for open space use assessment shall be granted unless the land for which the assessment is requested is zoned "OS" (Open Space) as defined in the Elko County Zoning Ordinance.
2. No application for open space use assessment shall be granted if the land for which the assessment is requested encompasses less than six hundred (600) acres.
3. No application for open space use assessment shall be granted for any land which is within five (5) miles of any incorporated city.
4. No application for open space use assessment shall be granted unless the land for which the assessment is requested is open to the general public and has minimum public access, said public access shall be designated on the property.
5. No application for open space use assessment shall be granted unless the land for which the assessment is requested allows general public access for hiking and walking, but need not be open for camping, cooking, campfires, whether artificial or natural, or overnight use unless the applicant consents thereto.
6. No application for open space use assessment shall be granted for any proposed historical site unless said site is open to the general public for at least thirty (30) days out of a calendar year.
(C) The Board of County Commissioners shall have power to deny any application for open space use assessment which has met all of the criteria set forth above if the Board determines that the potential loss of revenues which would result from approving the application outweighs the benefits to be derived from preserving the current use of the property.
(D) No other sections of the Elko County ordinances are affected hereby. (Ord. 1975-L, 12-4-1975)