3-2-3: GENERAL PROVISIONS:
   A.   Interpretation: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other power granted by the Nevada Revised Statutes.
   B.   Street, Utility And Other Public Improvement Requirements: The following restrictions shall apply:
      1.   Generally, all lots shall abut and access a public street connecting with the public street system in order to provide for orderly growth, vehicular circulation and to ensure accessibility to utilities and emergency services. A condominium or townhome project shall be considered one (1) lot for purposes of this specific requirement.
      2.   Lots may abut and access a private street connecting with the public street system in the following circumstances:
         a.   Within a PC (Planned Commercial) District in conformance with an approved concept development plan.
         b.   Within an IBP (Industrial Business Park) District in conformance with an approved concept development plan.
         c.   Within a PUD (Planned Unit Development) District in conformance with an approved site development plan.
         d.   Within an RMH (Residential Mobile Home) District in conformance with an approved site development plan.
         e.   For residential, commercial or industrial developments involving four (4) or fewer lots and where the length of the private street, from the nearest public street to the lot being accessed, does not exceed six hundred eighty feet (680').
      3.   Building permits may be issued for lots which abut undedicated portions of a partly dedicated public street.
      4.   A building permit shall not be issued for any lot for which City public sewerage and water supply is not available, unless the City Council grants a waiver of the mandatory connection to public sewer requirement pursuant to subsection 9-5-61B of this Code.
      5.   All utilities shall be placed underground, except for lots of record.
      6.   Public street and utility construction and installation is required across the full frontage of property at time of development.
      7.   Requirements for sidewalk, curb and gutter construction may be applicable as set forth in Elko City Code Section 8-21-3.
   C.   Use Restrictions: The following use restrictions shall apply:
      1.   Principal Uses: Only those uses and groups of uses specifically designated as "principal uses permitted" in zoning district regulations shall be permitted as principal uses; all other uses shall be prohibited as principal uses.
      2.   Conditional Uses: Certain specified uses designated as "conditional uses permitted" may be permitted as principal uses subject to special conditions of location, design, construction, operation and maintenance hereinafter specified in this chapter or imposed by the planning commission or city council.
      3.   Accessory Uses: Uses normally accessory and incidental to permitted principal or conditional uses may be permitted as hereinafter specified.
      4.   Unspecified Uses: The listing of groups of permitted uses is intended to establish the character of uses to be permitted, but not to include each and every use which may be permitted. Unspecified uses may be imposed by the planning commission upon evidence and determination that such uses are closely similar in character to and not typically more objectionable than other uses actually listed as permitted.
      5.   Temporary Uses: Certain temporary uses such as interim administrative and sales offices, sales offices for mobile and manufactured homes, model home sales complex for residential subdivisions, materials storage, mixing, assembly, manufacturing of a portable nature and similar uses determined to be functionally comparable, and, as specified in this subsection C5, temporary emergency shelters, temporary camping and temporary campgrounds may be permitted by temporary use permit.
         a.   "Temporary emergency shelters" are defined as enclosed and unenclosed locations, to include structures and portions of structures, used for temporary occupancy by individuals and families who are homeless or who cannot occupy their homes due to lack of utilities or other causes. Temporary emergency shelters may be permitted, but only within C (general commercial), LI (light industrial) and GI (general industrial) zoning districts.
         b.   "Temporary camping" means to use real property owned or occupied by another person for living accommodation purposes for a limited period of time outside of a structure that is affixed to the ground, to include uses such as, without limitation, the following when done in connection with outdoor living:
            (1)   Overnight sleeping activities or making preparations to sleep overnight outside of a motor vehicle, recreational vehicle or trailer, such as the laying down of bedding on the ground for the purpose of sleeping overnight;
            (2)   Storing personal belongings outside of a structure in connection with overnight sleeping activities;
            (3)   Cooking outdoors or making a fire for the purpose of cooking food outdoors as approved by the city in the temporary use permit; or
            (4)   Using any tent, shelter or other mobile structure for sleeping overnight.
"Camping" does not include using a motor vehicle, recreational vehicle or trailer as long-term shelter, for living accommodation purposes, or for the purpose of storage of belongings.
         c.   "Temporary campground" means a designated area where people may, with permission from the owner or occupier of the land, engage in camping for a limited period of time and that may or may not have toilets, showers and/or other amenities for campers to use.
         d.   Temporary camping and temporary campgrounds may be permitted as temporary uses, but only within LI (light industrial) and GI (general industrial) zoning districts.
         e.   For purposes of this section, "overnight" is defined as the period from one-half (1/2) hour after sunset to sunrise.
         f.   For purposes of this section, "living accommodation purposes" is defined as uses and activities needed for or directly connected with the use of land for engaging in life sustaining activities.
         g.   The temporary use permit process for temporary camping and temporary campgrounds shall be subject to the following public hearing process: the city shall set a time and place for the public hearing before the planning commission on the application and the city shall send, by mail, notice of the time and place and purpose of the planning commission hearing, at least ten (10) days before the hearing, to the owners of property within three hundred feet (300') of the exterior limits of the property involved, as shown by the latest assessment rolls of the city. Notice by mail to the last known address of the real property owners, as shown by the assessor's records, shall be sufficient. Legal notice shall be placed in a newspaper of general circulation within the city at least ten (10) days prior to the date of the public hearing. Applications for temporary use permits must be filed at least twenty one (21) days before the planning commission hearing.
         h.   Temporary use permits may be subject to such special conditions as may be imposed by the planning commission related to time frame, location, nature and character of the use and extent of on-site improvements. Application for a temporary use permit shall be filed with the planning department on a form provided for such purpose and shall include payment of a filing fee in an amount established by resolution of the city council.
      6.   Site Plan Review: Certain uses, structures, activities or uses requiring planning commission review or determination, inclusive of public buildings, public structures or other public developments such as parks, except those submitted as part of an application for a conditional use permit or temporary use permit, may be permitted upon formal review by the planning commission. The scope of the planning commission's review shall be limited to location, character and extent of improvements thereof, and shall be subject to such special conditions, relative to the defined scope of review, as may be imposed by the planning commission. Application for site plan review shall be filed with the planning department on a form provided for such purpose and shall include payment of a filing fee in an amount established by resolution of the city council.
   D.   Site Unsuitability: No land may be used or structure erected where the land is held by the planning commission to be unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low bearing strength, erosion susceptibility, or any other features likely to be harmful to the health, safety and general welfare of the community. The planning commission, in applying the provisions of this section, shall state in writing the particular facts upon which its conclusions are based. The applicant shall have the right to present evidence contesting such determination to the city council if he or she so desires, whereupon the city council may affirm, modify or withdraw the determination of unsuitability.
   E.   Reduction Or Joint Use: No lot, yard, parking or loading area, building area, or other space, nor any part thereof, hereinafter required about or in connection with any building, shall be included as part of a yard area or space required for any other building, nor shall any yard or lot existing on the effective date hereof be reduced in dimension or area below the minimum requirements set forth in this title.
   F.   Building Height Regulations: No building shall exceed the heights allowed in the current city of Elko airport master plan.
   G.   Projections Into Required Yards; Residential Districts:
      1.   Awnings, open fire balconies, fire escape stairs, window type refrigeration units not exceeding one and one-half (11/2) tons or one and one-half (11/2) horsepower rating, suspended or roof evaporative coolers, and forced air furnaces, may project not more than five feet (5') over any required yard; provided, that they shall be no closer than two feet (2') to any lot line.
      2.   Cornices and eaves may project over any required yard, provided, that they shall be no closer than two feet (2') to any lot line.
      3.   Sills, belt courses and similar ornamental features may project not more than six inches (6") over or into any required yard.
      4.   Unroofed terraces, patios, steps or similar features may project into any required yard; provided, that projections into required front yards shall not exceed ten feet (10'). Roofed or covered terraces, patios, steps or similar features may project into the required rear yard no closer than ten feet (10') to the rear lot line, provided two (2) sides of the covered feature remain open.
      5.   Fireplaces may be allowed to encroach into required yards no closer than two feet (2') to any lot line.
      6.   Carports may be allowed to encroach into required side yards; provided, that two (2) sides of the carport remain open, that no portion of the carport structure be closer than three feet (3') to any side lot line, and all drainage from the roof of the structure shall be onto the property itself.
   H.   Exterior Lighting: All lighting for advertising off street parking or loading areas, or for the external illumination of buildings, shall be directed away from and shielded from any adjacent residential district and shall not detract from driver visibility on adjacent streets or highways, interfere with or cause driver confusion regarding traffic control devices, interfere with driver vision or create other traffic hazards.
   I.   Essential Services Permitted: Nothing in this chapter shall prevent the location, erection, construction, alteration or maintenance by a public utility of any "essential services", as herein defined.
   J.   Required Screen Walls: Under certain conditions, the planning commission may recommend that the city council require screen walls to separate incompatible uses; e.g., separation of abutting or industrial uses and residential uses. Such wall shall be constructed by the developer and approved by the city engineer or planning commission.
   K.   Nonrequired Fences, Walls And Hedges:
      1.   No fence, wall, tree, shrub or hedge may be allowed which would obstruct vision at street intersections in any residential district.
      2.   No fence or wall shall contain barbed wire, concertina razor wire, electrical current or charge of electricity, broken glass, or similar hazardous materials or devices; provided, however, that fences enclosing storage areas in industrial or commercial districts may use barbed wire extension arms on chainlink fences six feet (6') or higher, or may use concertina razor wire extension arms on chainlink fences seven feet (7') or higher. In addition, fences enclosing storage areas in industrial or commercial districts may use concertina razor wire extension arms on chainlink fences between six feet (6') and seven feet (7') in height so long as the concertina razor wire extension arm does not protrude more than six inches (6") out from the exterior vertical extension of the chainlink fence.
      3.   No nonbuilding wall or fence in any residential district shall exceed six feet (6') in height without a building permit.
   L.   Trash Enclosures: A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use other than single-family dwellings in every zoning district, except where an approved mechanically loaded steel bin is used for the purpose, or where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be so constructed that contents are not visible from a height of five feet (5') above grade on any abutting street or property.
   M.   Swimming Pools: Swimming pools, whether private, public or commercial, shall comply with the laws, rules and regulations of the city and state.
   N.   Signs: The provisions of the sign code as set forth in chapter 9 of this title shall apply.
   O.   Building And Electrical Codes: In all construction hereafter made within the city, the same shall be in accordance with title 2, chapters 2 and 6 of this code, and all other applicable provisions of this code.
   P.   Mobile Homes: Mobile homes are hereby expressly prohibited for living purposes outside the RMH district, except as stated in other chapters of this title. All requirements of chapter 5 of this title and all other applicable provisions of this code shall be adhered to with respect to standards for the RMH district.
   Q.   Manufactured Homes: Notwithstanding any other provisions in this code, manufactured homes are hereby recognized as a "principal permitted use" in all zoning districts which recognize single-family dwellings as a "principal permitted use", provided all of the following standards are complied with:
      1.   The manufactured home shall be placed on a foundation permanently affixed to the residential lot and qualify and constitute real property, as established by Nevada Revised Statutes chapter 361.
      2.   The manufactured home shall be manufactured within the five (5) years immediately preceding the date on which it is affixed to the residential lot.
      3.   The manufactured home shall utilize exterior siding consisting of or giving the appearance of stucco, masonry, wood, metal or vinyl and affixed to the dwelling unit in a continuous horizontal or vertical pattern similar in color, material and appearance to the exterior siding used on other single-family dwellings in the immediate vicinity.
      4.   The manufactured home shall utilize roofing materials consisting of asphalt shingles or equivalent roofing materials of comparable quality, similar in color, material and appearance to the roofing used on other single-family dwellings in the immediate vicinity. The manufactured home shall utilize a full height roof element with a minimum pitch of three to twelve (3:12). The roof element shall include a minimum overhang or projecting eave of twelve inches (12").
      5.   The manufactured home shall be multisectioned (doublewide or larger) with a minimum width or minimum depth of twenty four feet (24').
      6.   The manufactured home shall consist of at least one thousand two hundred (1,200) square feet of living area. A waiver can be filed and may be granted for a reduction of the living area based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity, in accordance with site plan review procedures pursuant to subsection C6 of this section.
      7.   Any elevated foundations shall be masked architecturally in a manner to blend and harmonize with exterior siding materials utilized on the manufactured home.
      8.   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 section 384.005 or 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.
   R.   Minimum Distance Between Residential Establishments: 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 section 278.02384 as:
   "Residential establishment means (1) a home for individual residential care in a community whose population is 100,000 or more, (2) a halfway house for recovering alcohol and drug abusers or (3) a residential facility for groups".
      1.   The definition of "individual residential care" is not applicable as the population of Elko County is less than one hundred thousand (100,000).    
      2.   "Halfway house for recovering alcohol and drug abusers" is defined in Nevada Revised Statutes section 449.008 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 section 449.00455".
      3.   "Residential facility for groups" is defined in Nevada Revised Statutes section 449.017 as:   
      "Except as otherwise provided in subsection 2, 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:
         a.   An establishment which provides care only during the day;
         b.   A natural person who provides care for no more than two (2) persons in his own home;   
         c.   A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;   
         d.   A halfway house for alcohol and drug abusers; or   
         e.   A facility funded by a division or program of the department of human resources."
   S.   As Built Drawing: Except for the new construction of a single-family dwelling, prior to the issuance of a certificate of occupancy for any new construction, the applicant must submit to the City a complete and accurate as built drawing with survey data on the Elko grid (NAD 83 Nevada east zone ground elevation). The as built drawing must be submitted electronically in AutoCAD format and must be accompanied by a wet stamped and signed paper copy by the professional of record for the project. As used herein, the term "as built drawing" means a drawing that accurately depicts the locations of all improvements on the parcel or lot containing the new construction and any associated utilities or other public improvements constructed on other properties, which drawing shall, without limitation, include the structure(s) and all associated utilities and other public improvements. (Ord. 805, 12-13-2016; amd. Ord. 842, 8-13-2019)