A. Intent: This zoning district is intended to allow conversion of residential structures located along arterial and collector roads in areas of transition to an appropriate mix of residential, light retail and service commercial uses that provides good transitions with nearby residential uses and neighborhoods. This zone allows existing residential uses to remain and be improved, while also allowing low scale, low intensity commercial and business operations to be developed as part of infill projects. The district is intended to protect established residential neighborhoods from the type of land use associated with high levels of noise, illumination and traffic that could be detrimental to the characteristics of the residential neighborhood.
B. District Boundary: The initial district boundary includes properties within the 5th Street corridor that are located between Pine Street and Walnut Street along the northeast side of 5th Street, and between Pine Street and Willow Street along the southwest side of 5th Street, with at least one property line abutting the right-of-way of 5th Street, and the following lots that are not abutting the 5th Street right-of- way: Lots 21 & 22 of Block 98 and Lots 15 & 16 of Block 66, as shown on the Map of the First Addition to the Town of Elko, recorded as File No. 5, Elko County records.
1. The district boundaries may be amended in accordance with section 3-2-21 of this chapter.
2. The maximum distance allowed from the east or west side of 5th Street right-of-way to the district boundary is one hundred twenty five feet (125').
C. Principal Uses Permitted:
1. The following residential uses are permitted:
Multiple-family residential units, including a duplex, triplex, or a fourplex located on a single lot or parcel, provided all area and setback requirements are met.
One single-family dwelling of a permanent character in a permanent location on its own parcel of land, provided all area and setback requirements are met.
2. The following commercial uses are permitted:
Art galleries and studios.
Bakeries.
Banks, financial institutions, not including short term lending businesses such as title loans or payday lending.
Barber and beauty shops.
Bicycle repair.
Bookstores.
Childcare centers.
Coffee shops.
Corner stores.
Florists.
Healing art, healthcare facilities, including medical and dental offices.
Laboratories: medical, dental, optical.
Laundry or dry cleaning pick up outlets.
Lodges, fraternal organizations, recreation, social and service clubs.
Offices, to include the following uses and activities: government, business and professional, including accountants, architects, collection agencies, chiropractors, employment agencies, engineers, health services, insurance agencies, law offices, real estate, stenographic services, title insurance firms.
Pharmacies when operated in conjunction with, and within the same building as, a medical clinic.
Photographic studios.
Schools for music, dance, teaching and creative arts.
Trade schools.
Travel agencies.
Uses determined to be functionally comparable to principal permitted uses in this zone.
D. Conditional Uses Permitted:
1. The following uses are permitted with a conditional use permit:
Churches, church facility complexes and places of religious worship.
Convalescent hospitals, sanitariums, nursing homes, homes for the aged.
Funeral homes and mortuaries.
Mixed uses within structures containing one or more residential dwelling units in which a significant portion of the space within the structure includes one or more principal commercial permitted uses.
Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse, condominium or attached housing developments.
Restaurants, sandwich and beverage shops, delicatessens.
Theaters, indoor.
Uses determined to be functionally comparable to conditional permitted uses in this zone.
E. Accessory Uses Permitted:
1. Accessory buildings, structures and uses customarily incidental to a permitted use, except as otherwise provided for in this chapter, are permitted for the following uses:
Accessory buildings. Lots with single-family dwelling units may have both permanent and non-permanent accessory buildings. Lots with multiple-family dwelling units may only have permanent accessory buildings.
Childcare family home.
Guesthouse or servants' quarters provided they conform to all yard requirements applicable to the principal building.
Home occupations in accordance with other provisions of this chapter.
Private garage or carport.
Ramada, outdoor swimming pool, or similar home recreational facility so long as the facility is used solely by the occupants of the premises and their guests.
Rooms in the principal building for roomers, not exceeding two (2) such persons per dwelling unit; provided, adequate additional off street parking space(s) shall be provided.
Storage parking for a boat and/or boat trailer, a utility trailer, a horse trailer and similar equipment owned by the occupant; provided, such equipment shall be located in a garage, carport, or rear or interior side yard.
Storage parking for recreational vehicles owned by the occupant, so long as it is located in a garage, carport, rear or interior side yard, is not connected to water or sewer lines, and is not used for living purposes.
F. Property Development Standards:
1. Lot Area:
a. Commercial Uses: The lot area shall be of sufficient size to provide for the building, off-street parking and landscaping.
b. Residential Uses: Residential uses less than five (5) units and not attached to a commercial use shall provide the minimum lot area required in the R District.
2. Lot Width:
a. Commercial Uses: No requirement.
b. Residential Uses: Residential buildings less than five (5) residential units and which do not contain a commercial use shall provide the minimum lot width required in the R District.
3. Front, Rear, Interior Side and Exterior Side Yard For New Development Or Expansion:
a. Commercial Uses: Zero feet (0').
b. Residential Uses:
(1) New development of residential buildings containing less than five (5) residential units and which do not contain a commercial use shall conform to the yard standards required in the R District.
(2) Expansion upon existing principal permitted use shall have the following setbacks:
(A) Front: Five feet (5').
(B) Rear: Five feet (5').
(C) Interior side: Three feet (3').
(D) Exterior side: Five feet (5').
4. Building Height: Building height shall not exceed forty five feet (45'), or requirements contained within the City Airport Master Plan, whichever is the most restrictive.
5. Landscaping:
a. Commercial uses shall provide landscaping as described in subsection 3-2-10B2a of this chapter.
b. Landscaping within an adjacent right-of-way may be used to satisfy landscaping requirements, so long as it is maintained by the property owner.
c. With approval from the Planning Department, a lighted art element incorporated into the business signage may be allowed in lieu of required landscaping, but only if the developed property has physical conditions that prevent the property owner from installing the landscaping that would otherwise be required.
6. Signage:
a. Free standing signage shall be limited to a maximum height of six feet (6').
b. Signs shall be made of materials that enhance the appearance of the neighborhood, such as wood, stone, non-reflective or patinated metals, or similar materials.
c. Illuminated signs located adjacent to any residential area shall be shielded to direct light downward and away from adjacent properties such that there is no spillover light and shall be controlled by a rheostat or functional equivalent to avoid excessive glare visible from residential properties.
d. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.
e. Wall signs shall not be allowed on any facade on the interior side that faces property zoned R - Single Family and Multiple Family Residential or that has a residential principal permitted use.
7. Off-Street Parking:
a. Commercial and residential uses must comply with applicable provisions contained in section 3-2-17 of this chapter.
b. On-street parking adjacent to commercial property may be used to satisfy off-street parking requirements.
G. Property Development Standards For Accessory Buildings: All accessory buildings, both permanent and non-permanent, shall comply with Section 3-2-5(H).
H. Building Development Standards for Commercial Uses: Buildings used for commercial purposes shall meet the following standards:
1. Low-intensity building and site lighting shall be installed in such a manner as to minimize light spillover and glare into residential neighborhoods.
2. Commercial storefront exterior materials and colors shall harmonize with the surrounding properties. Exterior treatments characterized by an overly bright, shiny, reflective or artificial appearance shall not be permitted.
3. The appearance of handicap ramps and entries shall be integrated into the design of the property they serve, minimize visual impact from the public right-of-way, provide the most direct building access possible, and comply with the Americans with Disabilities Act.
4. The visual impact of parking and mechanical equipment from the public right-of-way shall be minimized through the use of screening or landscaping.
5. Awnings shall not obscure the character-defining features of the building.
I. General Regulations for Commercial Uses: Commercial uses shall be subject to the following restrictions:
1. The outdoor storage of goods or materials is prohibited.
2. Warehousing or the indoor storage of goods or materials beyond that normally incidental to permitted uses is prohibited.
3. The appearance of handicap ramps and entries shall be integrated into the design of the property they serve, minimize impact on the public right-of-way, provide the most direct building access as possible, and comply with the Americans with Disabilities Act.
4. Commercial buildings and associated structures and other improvements shall be designed in a manner that minimizes conflicts between pedestrian traffic and vehicles.
5. Commercial building facades shall be designed and constructed in a manner that avoids large expanses of undifferentiated space.
6. Commercial uses shall not have adverse impacts on the use and enjoyment of adjacent residential properties. (Ord. 819, 8-22-2017; amd. Ord. 860, 5-25-2021)