Loading...
A. RS Residential Suburban District:
1. Intent: The purpose of the RS zoning district is to provide and preserve low density, single-family residential living areas that are semirural or agricultural in character and transitional in relationship to more urbanized residential areas of higher density, to allow for the sheltering of large domestic or farm animals on a lot or parcel in conjunction with an established residential use and to preclude the encroachment of land use activities that may be incompatible with the character of the semirural residential environment.
2. Principal Uses Permitted:
Electrical power substations, sewer lift stations and water pumping stations wherein service to district residents requires location within the district.
One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land and provided all area and setback requirements are met.
Publicly owned and operated parks and recreation areas and centers.
Sheltering of farm animals:
a. The keeping of domestic horses, donkeys, llamas and alpacas under the ownership of the resident occupant of the lot or parcel shall be considered as a permitted principal use; provided, that any combination of such animals on any one lot shall be limited to one animal for the first thirty thousand (30,000) square feet of lot area. One additional large animal may be maintained for each additional twenty thousand (20,000) square feet of lot area contained in the same lot.
b. The keeping of domestic sheep and goats under the ownership of the resident occupant of the lot or parcel shall be considered as a permitted principal use; provided, that any combination of such animals on any one lot shall be limited to one animal for the first fifteen thousand (15,000) square feet of lot area. One additional small animal may be maintained for each additional ten thousand (10,000) square feet of lot area contained in the same lot.
c. The keeping of such farm animals shall conform to all other provisions of law governing same, and no animal, nor any pen, stable, barn or corral shall be kept or maintained within one hundred feet (100') of any principal dwelling (other than that occupied by the owner of such domestic animal), any public building, park, school, hospital, or any other public place; or within eighty feet (80') of the front property line of the lot on which the animals are maintained, or within twenty five feet (25') of the side street of a corner lot. There shall be no killing or dressing of any such animals for commercial purposes.
d. Poultry, rabbits or domestic fowl raised for food, education, scientific or furbearing purposes; provided, not more than twelve (12) of any one or combination of such animals and fowl may be maintained on one lot.
e. The keeping of such domestic animals or fowl shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen or coop, shall be kept or maintained within fifty feet (50') of any window or door of any residence, dwelling or other building used for human habitation (other than that occupied by the owner of such domestic animals or fowl), or within sixty feet (60') of the front property line of the lot on which the animals are maintained, or within twenty five feet (25') of the side street on a corner lot.
3. Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with the provisions of this chapter and those set forth in section 3-2-18 of this chapter regarding conditional use permits. In reviewing conditional use permit applications, the Planning Commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
Churches, church facility complexes and places of religious worship.
Public buildings providing cultural, educational, administrative and fire and police service to residents of the district.
4. Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use may be permitted, except as otherwise provided in this chapter.
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.
Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer service connections, and is not used for living purposes.
Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
5. Property Development Standards:
a. Development standards comply with Section 3-2-5(G).
b. Subdivisions within the RS District which are essentially independent and self-contained and, which are characterized by lots which are no less than one-half (1/2) acre in size, may utilize rural road standards in accordance with specifications contained within section 3-3-11 of this title.
6. Property Development Standards for Accessory Buildings: All accessory buildings, both permanent and non-permanent, shall comply with Section 3-2-5(H).
B. R1 Single-Family Residential District:
1. Intent: The purpose of the R1 zoning district is to provide and preserve low density residential living areas reserved predominantly for the development of single-family dwellings and to preclude the encroachment of land use activities that may be detrimental or injurious to the character or quality of the low density residential environment.
2. Principal Uses Permitted:
Electrical power substations, sewer lift stations and water pumping stations wherein service to district residents requires location within the district.
One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land, and provided all area and setback requirements are met.
Publicly owned and operated parks and recreation areas and centers.
3. Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with provisions of this chapter and those set forth in section 3-2-18 of this chapter regarding conditional use permits. In reviewing conditional use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
Churches, church facility complexes and places of religious worship.
Public buildings providing cultural, educational, administrative and fire and police service to residents of the district.
4. Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use may be permitted, except as otherwise provided in this chapter.
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.
Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer service connections, and is not used for living purposes.
Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
5. Property Development Standards: Development standards shall comply with Section 3-2-5(G).
6. Property Development Standards for Accessory Buildings: All accessory buildings, both permanent and non-permanent, shall comply with Section 3-2-5(H).
C. R2 Two-Family Residential District:
1. Intent: The purpose of the R2 zoning district is to provide and preserve medium density residential living areas appropriate primarily for single-family and two-family dwellings, limited multiple residential uses and neighborhood service type uses where appropriate, and to preclude uses that would detract or be detrimental to the character of the medium density residential environment.
2. Principal Uses Permitted:
Electrical power substations, sewer lift stations and water pumping stations wherein service to district residents requires location within the district.
One single-family dwelling or one two-family dwelling (duplex) of a permanent character in a permanent location with each dwelling unit on its own parcel of land, and provided all area and setback requirements are met.
Publicly owned and operated parks and recreation areas and centers.
3. Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with provisions of this chapter and those set forth in section 3-2-18 of this chapter. In reviewing conditional use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
Childcare group home.
Churches, church facility complexes and places of religious worship.
One three-family dwelling (triplex) or one four- family dwelling (fourplex) of a permanent character in a permanent location with each dwelling unit on its own parcel of land and contingent upon any dwelling unit more than a two-family dwelling providing an additional two thousand two hundred (2,200) square feet of lot area per unit, and provided setback requirements are met.
Public buildings providing cultural, educational, administrative and fire and police service to residents of the district.
Recreational, social and service clubs.
4. Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use may be permitted, except as otherwise provided in this chapter.
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.
Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer service connections, and is not used for living purposes.
Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
5. Property Development Standards: Development standards shall comply with Section 3-2-5(G).
6. Property Development Standards for Accessory Buildings: All accessory buildings, both permanent, shall comply with Section 3-2-5(H).
D. R3 Multiple-Family Residential District:
1. Intent: The purpose of the R3 zoning district is to provide and preserve residential areas appropriate primarily for multiple-family residential uses of higher density usually along or in close proximity to arterial roadway corridors, and to preclude uses that would detract or be detrimental to the character or function of the high density residential environment.
2. Principal Uses Permitted:
Electrical power substations, sewer lift stations and water pumping stations wherein service to district residents requires location within the district.
Publicly owned and operated parks and recreation areas and centers.
3. Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with provisions of this chapter and those set forth in section 3-2-18 of this chapter. In reviewing conditional use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
Childcare center.
Churches, church facility complexes and places of religious worship.
Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse or row house developments.
Public buildings providing cultural, educational, administrative, and fire and police service to residents of the district.
Recreation, social and service clubs.
4. Accessory Uses Permitted: Accessory buildings, structures, and uses customarily incidental to a permitted use shall be permitted, except as otherwise provided in this chapter.
6. Property Development Standards for Accessory Buildings: Development standards for accessory buildings within the R3 district shall comply with Section 3-2-5(H).
7. General Regulations:
a. The outdoor storage of goods or materials shall be prohibited.
b. The minimum site area necessary to establish an R3 zoning district shall be one acre.
E. R Single-Family and Multiple-Family Residential District:
1. Intent: The purpose of the R zoning district is to provide for a mixture and diversity of housing types for both single-family and multi-family residential development where such development is desirable, and limited institutional, office and neighborhood service type uses where appropriate, and to preclude land uses that would be detrimental to a mixed and varied residential environment.
2. Principal Uses Permitted:
Adult care facility which serves ten (10) or fewer.
Electric power substations, sewer lift stations, and water pump stations wherein service to district residents requires location within the district.
Multiple-family residential units, including a duplex, triplex, or a fourplex located on a single lot or parcel, provided area and setback requirements are met.
One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land and provided all area and setback requirements are met.
Publicly owned and operated parks and recreation areas and centers.
Residential facility for groups of ten (10) or fewer.
3. Conditional Uses Permitted: Any of the following uses may be permitted as principal uses upon approval of a conditional use permit in accordance with provisions of this chapter and those set forth in section 3-2-18 of this chapter regarding conditional use permits. In reviewing conditional use permit applications, the planning commission shall ensure that adequate light and air, ingress and egress, and compatibility with other uses in the neighborhood are maintained.
Adult care facility which serves eleven (11) or more.
Childcare center; childcare group home.
Churches, church facility complexes and places of religious worship.
Halfway house for recovering alcohol and drug abusers.
Healing arts, healthcare facilities, but not including animal hospital.
Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse or row house developments.
Public buildings providing cultural, educational, administrative, and fire and police service to residents of the district.
Recreation, social and service clubs.
Residential facility for groups of eleven (11) or more.
Teaching of creative arts.
4. Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use, except as otherwise provided in this chapter.
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, that adequate additional off street parking space shall be provided.
Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer, and is not used for living purposes.
Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
5. Property Development Standards: Development standards shall comply with Section 3-2-5(G).
6. Additional Property Development Standards for Multiple-Family Residential Developments:
a. Minimum Distance between Buildings on the Same Lot: The minimum distance between the opposing exterior walls of detached buildings, or parts of attached or semiattached buildings, on the same lot, shall be:
(1) If both walls are front walls, or contain main entrances or living room windows: Thirty feet (30');
(2) If one wall is a front wall, or contains a main entrance or living room windows, and one wall is a side or rear wall containing no doors or windows: Twenty four feet (24');
(3) If both walls are side or rear walls containing windows or secondary entrances: Twenty four feet (24');
(4) If one wall is a side or rear wall containing windows or secondary entrances and one wall contains no doors or windows: Eighteen feet (18');
(5) If neither wall contains windows or doors: Ten feet (10').
b. Additional Placement Regulations For Multi-Family Dwellings: If the front of a building, or part thereof, faces on an interior side or rear lot line, the building, or that part thereof, shall be set back from such lot line not less than twenty feet (20').
c. Separation Of Semidetached Dwellings Or Row Houses: When, for purposes of sale or separate ownership, a two-family or multi-family dwelling and the land in and upon which such dwellings are situated, is to be subdivided into separate lots having one dwelling unit per lot, such lots shall be exempt from all interior side yard requirements.
7. Property Development Standards for Accessory Buildings: All accessory buildings, both permanent and non-permanent, shall comply with Section 3-2-5(H).
8. Exceptions:
a. Lots Of Record: On each existing lot of record, the side yards shall have a width of not less than five and one-half feet (5 1/2'), and a front yard of not less than twelve feet (12') for single-family dwelling units.
b. Detached Guesthouse or Servants' Quarters: Detached guesthouses and servants' quarters are permitted in any district; provided, however, that they shall conform to all yard requirements applicable to the principal building.
F. RO Residential Office District:
1. Intent: The purpose of the RO zoning district is to establish a residential zone that is transitional in character and location to more intense commercial districts, and to promote a mixed pattern of compatible development consisting primarily of residential uses and a blend of professional office, limited service and retail activities that are recognized as low traffic generators. The RO district is intended to protect the integrity of established residential neighborhoods from noise and excessive levels of traffic while at the same time afford the opportunity for compatible office, service and retail development in a mixed use setting.
2. Principal Uses Permitted:
Electric power substations, sewer lift stations, and water pump stations wherein service to district residents requires location within the district.
Multiple-family residential units, including a duplex, triplex, or a fourplex located on a single lot or parcel, provided area and setback requirements are met.
One single-family dwelling of a permanent character in a permanent location with each dwelling unit on its own parcel of land and provided all area and setback requirements are met.
Publicly owned and operated parks and recreation areas and centers.
3. Conditional Uses Permitted:
Art studios.
Barber and beauty shops.
Florists.
Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel; townhouse, condominium or attached housing developments.
Offices, medical and professional.
Photographic studios.
Restaurants, limited in scale and hours of operation, such as ice cream parlors, sandwich and beverage shops, delicatessens.
Retail and service establishments, limited in scale and hours of operation, such as boutiques, gift shops and similar uses.
Schools for music, dance, teaching and creative arts.
Similar uses determined to be functionally comparable to conditional permitted uses in this zone.
4. Accessory Uses Permitted: Accessory buildings, structures, and uses customarily incidental to a permitted use, except as otherwise provided in this chapter.
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 in 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.
Storage parking for recreational vehicles owned by the occupant; provided, that it is located in a garage, carport, rear or interior side yard, is not provided water or sewer service connections, and is not used for living purposes.
Storage parking of boat, utility trailer, horse trailer and similar equipment owned by the occupant; provided, that such equipment is located in a garage, carport, rear or interior side yard.
5. Property Development Standards: Development standards shall comply with Section 3-2-5G).
6. Property Development Standards for Accessory Buildings: Development standards for accessory buildings shall comply with Section 3-2-5(H).
7. General Regulations:
a. The outdoor storage of goods or materials shall be prohibited.
b. Warehousing or the indoor storage of goods or materials beyond that normally incidental to permitted uses shall be prohibited.
c. One wall mounted, nonilluminated sign, for each lot of record not to exceed twelve (12) square feet in area or one freestanding, nonilluminated sign for each lot of record not to exceed six feet (6') in height and twelve (12) square feet in area may be permitted for any approved conditional use. The planning commission may modify such regulations as part of the conditional use permit procedure.
G. Residential Zoning Districts Area, Setback, and Height Schedule for Principal Buildings:
1. Table of Area Requirements:
Minimum Requirement | Building Setbacks | Maximum Height Requirements | |||||||
Zoning Districts | Corner Lot Area | Lot Area | Lot Width | Lot Depth | Front Yard | Rear Yard | Interior Side Yard | Exterior Side Yard | Building Height |
Minimum Requirement | Building Setbacks | Maximum Height Requirements | |||||||
Zoning Districts | Corner Lot Area | Lot Area | Lot Width | Lot Depth | Front Yard | Rear Yard | Interior Side Yard | Exterior Side Yard | Building Height |
RS | 15,000 sq. ft. | 80 ft. | 180 ft. | 25 ft. | 20 ft. | 10 ft. | 20 ft. | 35 ft.1 | |
R1 | 6,500 sq. ft. | 6,000 sq. ft. | 60 ft. | 100 ft. | 15 ft. 6 | 20 ft. | 5½ ft. | 15 ft.5 | 35 ft.1 |
R2 | 6,500 sq. ft. | 6,000 sq. ft. | 60 ft. | 100 ft. | 15 ft. 6 | 20 ft. | 7 ft. | 15 ft.5 | 35 ft.1 |
R3 | 12,000 sq. ft.4 | 80 ft. | 100 ft. | 20 ft. | 20 ft. | 10 ft. | 15 ft.5 | 45 ft.1 | |
R | 6,500 sq. ft. | 6,000 sq. ft.4 | 60 ft. | 100 ft. | 15 ft. 6 | 20 ft. | 10 ft. 2,3 | 15 ft.5 | 45 ft.1 |
RO | 6,000 sq. ft.4 | 60 ft. | 100 ft. | 15 ft. 6 | 20 ft. | 10 ft. 2,3 | 15 ft. 5 | 45 ft.1 | |
Notes:
1. Height limitations contained within the current City of Elko Airport Master Plan shall supersede the height restrictions indicated in the above table where more restrictive.
2. For single-family dwellings, interior side yard setbacks shall be 51/2 feet.
3. For multi-family dwellings, interior side yard setbacks shall be 7 feet.
4. For three- and four-family dwellings on the same lot, a minimum of 2,200 square feet of lot area is required for each dwelling unit.
5. For residences in existence at the time of enactment hereof (November 25, 2003), exterior side yard setbacks shall be 12 feet.
6. Garages, whether attached or detached, and carports shall be set back 20 feet from the front lot line; provided, that for any garage in existence prior to March 26, 2013, the front yard setback shall be 15 feet.
2. Residential Lots of Record:
a. A single lot or parcel of land of record in the office of the county recorder as of the effective date of the city subdivision ordinance (December 9, 1975), and which does not meet minimum requirements for lot area, lot width or lot depth shall be considered a buildable lot for one single-family dwelling, provided all other requirements of this chapter are satisfied.
b. For existing platted subdivisions characterized by twenty five foot (25') wide lots and situated within a residential zoning district, any lot or parcel reconfiguration or resubdivision shall adhere to a minimum lot area of five thousand (5,000) square feet.
H. Residential Zoning Districts Area, Setback, and Height Schedule for Accessory Buildings:
1. Requirements for Non-Permanent Accessory Buildings:
Minimum Requirements
| Building Setbacks3 | Maximum Height Requirements
| |||||
Zoning Districts
| Maximum Cumulative Square Feet of All Acc. Buildings2 | Minimum Separation from Other Buildings
| Front Yard
| Rear Yard
| Interior Side Yard
| Exterior Side Yard
| Building Height
|
Minimum Requirements
| Building Setbacks3 | Maximum Height Requirements
| |||||
Zoning Districts
| Maximum Cumulative Square Feet of All Acc. Buildings2 | Minimum Separation from Other Buildings
| Front Yard
| Rear Yard
| Interior Side Yard
| Exterior Side Yard
| Building Height
|
RS | 5 ft. | 25 ft. | 5 ft.4 | 5 ft. | 5 ft. | 15 ft.1 | |
R1 | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 15 ft.1 |
R2 | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 15 ft.1 |
R | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 15 ft.1 |
RO | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 15 ft.1 |
RB | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 15 ft.1 |
Notes:
1. Height limitations contained within the current City of Elko Airport Master Plan shall supersede the height restrictions indicated in the above table where more restrictive.
2. Includes both permanent and non-permanent accessory buildings.
3. No buildings or structures shall be located within any easement.
4. Setback can be reduced to 0 feet if the rear lot line abuts a public alley.
5. Garages and/or carports shall be setback 20 feet from the front or exterior side property line.
2. Requirements for Permanent Accessory Buildings:
Minimum Requirements | Building Setbacks3 | Maximum Height Requirements | |||||
Zoning Districts | Maximum Cumulative Square Feet of All Acc. Buildings2 | Minimum Separation from Other Buildings | Front Yard | Rear Yard | Interi or Side Yard | Exterior Side Yard | Building Height |
Minimum Requirements | Building Setbacks3 | Maximum Height Requirements | |||||
Zoning Districts | Maximum Cumulative Square Feet of All Acc. Buildings2 | Minimum Separation from Other Buildings | Front Yard | Rear Yard | Interi or Side Yard | Exterior Side Yard | Building Height |
RS | 5 ft. | 25 ft. | 5 ft.4 | 5 ft. | 5 ft. | 35 ft.1 | |
R1 | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 35 ft.1 |
R2 | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 35 ft.1 |
R3 | 10% of lot size or 1,200 sq. ft. | 5 ft. | 20 ft. | 5 ft.4 | 5 ft. | 5 ft. | 45 ft.1 |
R | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 45 ft.1 |
RO | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 45 ft.1 |
RB | 10% of lot size or 1,200 sq. ft. | 5 ft. | 15 ft.5 | 5 ft.4 | 5 ft. | 5 ft. | 25 ft.1 |
Notes:
1. Height limitations contained within the current City of Elko Airport Master Plan shall supersede the height restrictions indicated in the above table where more restrictive.
2. Includes both permanent and non-permanent accessory buildings.
3. No buildings or structures shall be located within any easement.
4. Setback can be reduced to 0 feet if the rear lot line abuts a public alley.
5. Garages and/or carports shall be setback 20 feet from the front or exterior side property line.
(Ord. 805, 12-13-2016; amd. Ord. 860, 5-25-2021)
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)
This district is intended to accommodate public or quasi- public institutional uses.
A. Principal Uses Permitted:
Adult care facility.
Cemeteries.
Hospitals, sanatoriums or similar healthcare facilities; provided, that:
1. The site shall contain a net land area in accordance with State law and/or occupancy tables specified in the Uniform Building Code, latest edition.
2. All loading facilities shall be screened from adjoining properties, and insofar as practicable, from the view of patients from the interior of the building.
Museums, convention centers and civic auditoriums.
Public administrative offices.
Public airport and associated private land uses of a light industrial nature (hangars, flight school, flight service, etc.).
Public parks; provided, however, that existing parks shall not be encroached upon for other public or quasi- public building purposes (i.e., no school buildings, firehouses, etc., may be allowed in parks).
Public schools, colleges or universities.
Residential facility for groups.
B. Accessory Uses Permitted: Accessory buildings, structures and uses customarily incidental to a permitted use, except as otherwise provided herein.
C. Property Development Standards For Permitted Principal Uses:
1. Minimum Setback From Any Street Line: Not less than one and one-half (11/2) times the height of the principal building.
2. Minimum Setback From Interior Side And Rear Lot Lines: Not less than the height of the principal building, plus one additional foot for each five feet (5') or part thereof that such building exceeds thirty five feet (35') in the aggregate horizontal dimension of the wall generally parallel to such side or rear lot line.
3. Maximum Building Height: In accordance with requirements of the current City Airport Master Plan.
4. Maximum Lot Coverage: The total ground floor area of all buildings shall not exceed thirty five percent (35%) of the net site area.
D. Conditional Use Permits Required:
1. The establishment, expansion or change of any use, including principal permitted uses, shall be governed by the conditional use permit procedure, as set forth in section 3-2-18 of this chapter.
2. Similar uses determined to be functionally comparable to principal permitted uses in this zone.
3. For purposes of application of the conditional use permit procedure, "use expansion" shall be defined as any building expansion involving an addition of one thousand (1,000) square feet of the gross building footprint or an addition of five percent (5%) of the gross building footprint, whichever is greater.
E. Property Development Standards For Accessory Buildings:
1. Maximum Height: Regulations applicable to the principal building shall apply.
2. Location: Accessory buildings, whether attached or detached, shall be located in accordance with location on the lot as approved by the planning commission.
F. General Regulations:
1. Site Plan Approval: Prior to issuance of a permit, site plans shall be reviewed and approved by the city administrative staff.
2. Outdoor Storage Prohibited: The outdoor storage of goods or material shall be prohibited, except when enclosed by a screen wall in a location approved by the building inspector. (Ord. 805, 12-13-2016)
A. CC Convenience Commercial District: This district is intended to accommodate small scale convenience centers, which are under one roof and served by an adequate off street parking area, and which are designed to meet the incidental daily convenience needs of immediately adjacent residential areas.
1. Principal Uses Permitted:
Barber and beauty shops.
Retail establishments selling a line of convenience goods similar to that of supermarkets but more limited in scale.
Self-service laundry and self-service dry cleaning establishments; laundry or dry cleaning pick up outlets.
Similar commercial-retail activities.
2. Accessory Uses Permitted: No accessory buildings, structures or uses shall be permitted, except off street parking and loading, trash enclosures and accessory signs.
3. Property Development Standards For Permitted Principal Uses: Area, height, bulk and placement requirements:
District | Lot Area (Sq. Ft.) | Minimum Lot Dimensions | Minimum Setbacks For Principal Buildings | Maximum Building Height | Maximum Of Lot Coverage | ||||
Minimum | Maximum | Width | Depth | Street | Rear | Interior Line Side Yard | |||
Convenience commercial | 15,000 | 30,000 | 150' | 100' | 40' | 25' | 15' | 25', 2 stories or in accordance with city airport master plan, whichever is the least | 40% |
4. General Regulations:
a. The outdoor storage of goods or materials shall be prohibited.
b. Warehousing or the indoor storage of goods or material beyond that normally incidental to permitted uses shall be prohibited.
c. The planning commission, subject to approval of the city council, may require landscaping to promote compatibility with the neighborhood.
5. Conditional Use Permits Required: All developments in CC zoning districts shall be subject to the conditional use permit procedure as set forth in section 3-2-18 of this chapter. (Ord. 256, 4-11-1978; amd. Ord. 460, 8-22-1995)
B. CT Commercial Transitional District:
1. Intent: The purpose of the CT zoning district is to establish a transitional zone between more intense commercial districts and residential districts, particularly along higher volume traffic corridors, and to promote a pattern of land use suitable for the development of professional and business offices and limited service, retail and commercial activities. The CT 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.
2. Principal Permitted Uses:
Art studios.
Banks, financial institutions.
Barber and beauty shops.
Childcare centers.
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: both 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.
3. Conditional Uses Permitted:
Churches, church facility complexes and places of religious worship.
Convalescent hospitals, sanatoriums, nursing homes, homes for the aged.
Funeral homes and mortuaries.
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.
Similar uses determined to be functionally comparable to conditional permitted uses in this zone.
4. Property Development Standards:
a. Lot Area: The minimum lot area shall be fifteen thousand (15,000) square feet.
b. Lot Width: The minimum lot width shall be one hundred feet (100').
c. Lot Coverage: The maximum lot coverage shall be fifty percent (50%).
d. Front Yard: A minimum setback of thirty feet (30') shall be required.
e. Rear Yard: A minimum setback of ten feet (10') shall be required.
f. Interior Side: A minimum setback of zero feet (0') to five and one-half feet (51/2') shall be required. Interior side yards which abut any residential district shall observe the five and one-half foot (51/2') setback required as part of the R zoning district.
g. Exterior Side: A minimum setback of thirty feet (30') shall be required.
h. Building Height: Building height shall not exceed thirty five feet (35'), or requirements contained within the city airport master plan, whichever is the most restrictive.
5. General Regulations:
a. The outdoor storage of goods or materials shall be prohibited.
b. Warehousing or the indoor storage of goods or materials beyond that normally incidental to permitted uses shall be prohibited. (Ord. 460, 8-22-1995)
A. PC Planned Commercial District:
1. Intent: The purpose of the PC planned commercial zoning district is to designate areas appropriate for mixed-use community shopping centers, office parks, and other similar commercial developments where excellence in site planning, building design and maintenance are important objectives.
2. Conditionally Permitted Uses: Planned commercial development, inclusive of retail, commercial, service, medical, professional office or similar business development, is characterized by an organized and concentrated grouping of retail/service outlets and establishments that are served by common streets, points of access, circulation routes and parking systems. For all uses in the PC planned commercial District, an application for a conditional use permit must be submitted pursuant to Section 3-2-18; in addition to a site plan, the application must contain a development plan describing how the use will satisfy the development standards set forth in this section.
3. Development standards:
a. Street Access Requirements: A planned commercial development shall be permitted only on a site which abuts an arterial street or highway. Curb cut requirements shall comply with Section 3-2-17.
b. Required Yards: All buildings and structures, including, but not limited to, loading docks and service areas shall be set back not less than thirty feet (30') or one and one-half (1-1/2) times the height of the building or structure, whichever is greater, from the outer most perimeter boundary of the project.
c. Required Yards: Yards shall be used only for landscaping, driveways, internal circulation, walkways, parking, signs, and other related streetscape features.
d. Landscaping:
(1) Provisions for landscaping shall be shown on the site plan and included in the development plan submitted with the conditional use permit application. Landscaping features may include screen planting, lawn areas, trees, shrubs, fences and walls. Drought tolerant, low maintenance species, in conjunction with decorative "hard surface" materials such as volcanic rock, gravel or stone are encouraged and may be utilized to fulfill landscape surface requirements.
(2) For every new construction in the PC planned commercial zoning district, a minimum landscaped area shall be provided in an amount equal to fifteen percent (15%) of the surface area of the developed portion of the property, to include property consisting of multiple parcels which form a single development. Additionally, the City may, in its discretion, require that landscaped areas be distributed throughout the development, including yard areas between buildings, structures and the adjacent street right of way line.
(3) It shall be the responsibility of the owner or developer to satisfy the landscaping requirements set forth in this section and to provide such maintenance and care as are reasonably required to maintain and obtain the aesthetic effect intended by the development plan.
e. Screening for Residential Property: In addition to other buffering requirements, when loading docks or service areas within the development are across the street from or adjoining property in a residential district, the development is subject to the screen wall requirements set forth in Subsection 3-2-3(J) and any conditions imposed by the Planning Commission or, in the event of an appeal, the City Council in accordance with Section 3-2-18.
f. Internal Traffic Circulation: For parking spaces within PC planned commercial zoning district parking lots, the City may require the use of chocks or comparable traffic control devices to prevent undesirable traffic movements, facilitate the channeling of vehicular and pedestrian movement, and protect any features of the parking lot (walls, landscape areas, signs, etc.)
g. Parking Lot Lighting: Lighting of parking lots shall be installed for safety and security purposes and shall have an illumination range of twenty-five hundredths (0.25) of a foot-candle to one foot-candle.
h. Pedestrian Walkways: A system of pedestrian walkways shall be provided so as to separate vehicle and pedestrian movements.
i. Parking Reduction: For PC planned commercial district developments which, pursuant to Section 3-2-17, require one hundred (100) or more parking spaces, the Planning Commission, upon demonstration of adequate shared or alternative parking, may grant a reduction of up to ten percent (10%) of the collective number of parking spaces that would otherwise be required.
j. Storage: Outdoor storage is prohibited in the PC planned commercial zoning district. Permanent accessory building(s) for storage are allowed.
B. C General Commercial District:
1. Principal Uses Permitted: All commercial uses customarily found in a commercial area, including, but not limited to, the following uses:
a. Entertainment (including, but not limited to, casinos, theaters, museums, and arcades).
b. Lodging.
c. Offices.
d. Restaurants.
e. Retail sales and services.
2. Conditional Uses Permitted: The following uses are permitted in the C general commercial zoning district only with a conditional use permit:
a. Banking: Stand-alone automated teller machines (ATMs).
b. Central Business District (CBD): See Subsection 3-2-10(B)(8) for conditionally permitted uses within the CBD.
c. Churches: Churches, church facility complexes and places of religious worship.
d. Commercial Zone Abutting Residential Zone: Every new development on a lot or parcel abutting a residential zoning district. All such developments are subject to the screen wall requirements set forth in Subsection 3-2-3(J) and any conditions imposed by the Planning Commission or, in the event of an appeal, the City Council in accordance with Section 3-2-18.
e. Gas Stations: Businesses where gasoline and oil are sold, including businesses with facilities for repairing or maintaining automobiles.
f. Mixed Uses: Buildings or structures containing one or more residential dwelling units in which a significant portion of the space within the building or structure includes one or more principal permitted uses.
g. Mobile Homes: One (1) mobile home or manufactured home may be used as an office on a trailer, recreational vehicle, manufactured home or mobile home sales lot, provided it is properly connected to utilities. The mobile home or manufactured home may not be used for any other purpose, such as for residential use.
h. Parking Lots and Garages: Areas and structures used for parking vehicles, except where located on the same lot as and used in conjunction with another permitted use.
i. Planned Shopping Centers: See Subsection 3-2-10(B)(5)(a) for development standards.
j. Public, Quasi-Public: All uses identified as principal permitted uses in the PQP public, quasi-public district.
k. Recreational Vehicle Parks (RVPs): The rental of space for temporary short-term, transient occupancy by two (2) or more recreational vehicles, including any accessory buildings, structures and uses customarily incidental thereto.
l. Residential Uses: Multiple-family residential developments which contain five (5) or more units located on a single lot or parcel and townhouses or condominiums or attached housing developments. Single-family residences, duplexes, triplexes and fourplexes are not permitted in the C general commercial zoning district.
m. Storage Units: Commercial storage units.
n. Other Uses: All other uses which do not meet the criteria for but are similar in function and character to any of the uses which are specifically identified as being permitted with a conditional use permit.
3. Accessory Uses Permitted:
a. Outdoor display and sales.
b. Propane or fuel filling areas.
c. Outdoor dining with proper permitting.
d. Accessory buildings.
e. Electric vehicle charging stations.
4. Development Standards:
a. Setbacks: All setbacks are zero, unless stated otherwise for specific uses.
b. Height Restrictions: All structures within the C general commercial zoning district must be in accordance with the height and other standards set forth in the current City Airport Master Plan, to the extent the plan applies to that location.
5. Development Standards for Specific Uses:
a. Planned Shopping Centers: Within the C general commercial zoning district, planned shopping centers are permitted with a conditional use permit, subject to the following standards:
(1) Street Access Requirements: The site must abut an arterial street or highway. Curb cuts shall comply with the requirements contained in Section 3-2-17.
(2) Required Yards: All buildings and structures, including, but not limited to, loading docks and service areas, shall be set back not less than thirty feet (30') or one and one-half (1-1/2) times the height of the building or structure, whichever is greater, from the outer most perimeter boundary of the project.
(3) Screening for Residential Property: In addition to other buffer requirements, when the loading docks or service areas of the development are across the street from or adjoining property in a residential district, then such development is subject to the screen wall requirements set forth in Subsection 3-2-3(J) and any conditions imposed by the Planning Commission or, in the event of an appeal, the City Council in accordance with Section 3-2-18.
(4) Internal Traffic Circulation: For parking spaces in parking lots within the C general commercial zoning district, the City may require the use of chocks or comparable traffic control devices to prevent undesirable traffic movements, facilitate the channeling of vehicular and pedestrian movement, and protect any features of the parking lot (walls, landscape areas, signs, etc.)
(5) Pedestrian Walkways: A system of pedestrian walkways shall be designed and constructed so as to separate vehicle and pedestrian movements.
b. Public, Quasi-Public: All uses identified as principal permitted uses within the PQP public, quasi-public zoning district must comply with the development standards set forth in Section 3-2-8.
d. Commercial storage units: The surface of the area accessing each storage unit shall be paved with material such as asphalt, concrete or comparable permeable hard surface materials.
e. Accessory Buildings: Accessory buildings (either permanent or non-permanent) shall meet the following requirements as applicable:
(1) Permitting: A Building Permit may be required pursuant to Chapter 2-1-4(G) of the Code.
(2) Maximum Height: Height limitations contained in the current City of Elko Airport Master Plan are, without limitation, incorporated into this Subsection 3-2-10(B)(5)(e).
(3) Placement: No accessory building shall block existing parking spaces, drive aisles or fire lanes, or be placed on any easement.
6. Landscaping:
a. For every new construction in the C general commercial zoning district which is outside of the Central Business District (CBD), minimum landscaped area shall be provided in an amount equal to fifteen percent (15%) of the surface area of the developed portion of the property for lot sizes one acre or greater and ten percent (10%) of the surface area of the developed portion of the property for lot sizes smaller than one acre, to include property consisting of multiple parcels which form a single development. Additionally, the city may, at its discretion, require that landscaped areas be distributed throughout the development, including yard areas between buildings, structures and within the adjacent street right of way. The landscaping may include screen planting, lawns, trees, shrubs, fences and walls. Drought tolerant, low maintenance species, in conjunction with decorative hard surface materials such as volcanic rock, gravel or stone, are encouraged and may, where appropriate, be utilized to fulfill landscape surface requirements.
b. It shall be the responsibility of the owner or developer to carry out the requirements of this section and to provide proper maintenance and care of the landscaping.
7. Storage: Outdoor storage within the C general commercial zoning district is permitted subject to the limitations and requirements of this subsection. Outdoor storage shall be screened by a solid (opaque) wooden fence or masonry wall, or quality material of similar opacity or of open-type construction (such as chain-link) with screening material. The screen fence or wall shall be of a height capable of screening the stored materials from view from public streets and alleys and from neighboring property. Ordinary use of parking areas for operable personal vehicles of customers and employees, and display areas for sales or rental of operable vehicles, is not considered outdoor storage. The surface of the area to be used for outdoor storage shall be paved with an all-weather material such as asphalt or concrete or, in the case of the storage of heavy equipment, covered with a material which will control fugitive dust. Shipping containers (Conex boxes) are permitted in the C general commercial zoning district subject to the standards set forth in Subsection 3-2-10(B)(5)(e), above, provided the containers are located behind a screen wall or fence, are not stacked vertically and are solely utilized for the storage of materials and goods in association with the permitted business at that location. Shipping containers approved with a temporary use permit are not required to be located behind screen wall or fence.
8. Central Business District (CBD): Within the C general commercial zoning district, the Central Business District (CBD) is intended to contain a high concentration of the community's commercial land use and activity, with the objective of having a clean, safe, aesthetic, diverse, integrated and mutually-compatible mixture of commercial activities. Generally, the CBD is bounded by the following streets: Court Street on the northwest, 12th Street on the northeast, Silver Street on the southeast, and 2nd Street on the southwest.
a. Within the CBD, commercial activities will be permitted, provided they meet the requirements applicable to both the C general commercial zoning district and the CBD, except where this chapter specifically provides otherwise.
b. Within the CBD, construction of a new structure within one hundred fifty feet (150') of any residential zoning district will only be permitted if a conditional use permit is first issued pursuant to Section 3-2-18.
c. Within the CBD, any new business or other use of land involving activities which are reasonably likely to discourage other businesses through light, noise, odors, types and levels of activity, or the creation of a nuisance, such as (without limitation) auto and truck service and repair facilities; mobile home, recreational vehicle and truck sales lots; gas service stations; ministorage facilities; bars; businesses that involve light manufacturing activities, such as printing and newspaper production, saddle manufacturing and similar uses; and other uses determined by the City to have similar impacts, must first obtain a conditional use permit pursuant to Section 3-2-18.
9. Dog Grooming Businesses: Within the C general commercial zoning district, a business may be operated and maintained for dog grooming; provided, however, there shall not be any overnight or other harboring of dogs. (Ord. 767, 2-12-2013; amd. Ord. 880, 8-8-2023)
A. IBP Industrial Business Park District:
1. Intent: The purpose of the IBP Zoning District is to provide and preserve high profile areas appropriate for corporate office, research and development facilities, office parks and compatible light industrial uses with emphasis on special site design features that strengthen the City's economic base and contribute to a higher quality of appearance and standard of land use, and to preclude residential uses and also extensive commercial uses and development that may be detrimental to the character or quality of the business/industrial park environment.
2. Principal Uses Permitted: The primary permitted uses in the IBP Zoning District are listed as follows, plus other uses of a similar nature:
Advertising distribution.
Bakery.
Bottling plants.
Business schools, vocational and trade schools.
Catering services.
Childcare center.
Communication facilities.
Corporate and professional office, offices subordinate to and related to the principal industrial use.
Electronic manufacturing and assembly.
Financial institutions.
Indoor light manufacturing, processing, assembly, fabricating or storage of certain specified products and materials.
Laboratories, medical experimental and research.
Machine shops.
Newspaper and publishing plants.
Office supply stores.
Printing, blueprinting, photostating, and photo finishing facilities.
Recording studios.
Recreation and fitness centers.
Warehousing and distribution center.
Other commercial uses which are supportive and complementary to IBP uses and the intent of the district as determined by the Planning Commission.
3. Conditions:
a. Conditional Use Permit Required: Issuance of a conditional use permit following review by the Planning Commission and in accordance with this chapter is required for all fully integrated and planned IBP developments as part of a concept Master Plan or for individual IBP uses not part of an approved Master Plan.
b. Outside Storage: Any outside storage shall be suitably screened from the surrounding area by walls, planting, or other barrier to the satisfaction of the Planning Commission.
c. Signs: Advertising signs shall be reviewed as part of the plans submitted for conditional use permit review. The Planning Commission may require the reduction of any height or size of sign suggested by the developer, if the Planning Commission finds such reduction to be in keeping with the intent of this section.
d. Height Limitation: No structure may be allowed to exceed the elevation indicated in the current Airport Master Plan of the City.
e. Required Area And Width: Five (5) acre minimum development area with ten thousand (10,000) square feet minimum lot area within the development, one hundred fifty feet (150') average width, unless otherwise permitted by the Planning Commission.
f. Yards: Yards shall be set as follows:
(1) Rear yard: Twenty foot (20') minimum setback unless the structure borders on an alley, in which event no setback is required.
(2) Interior side yard: Ten foot (10') minimum setback.
(3) Exterior side yard: Fifteen foot (15') minimum setback.
(4) Front yard: Twenty foot (20') minimum setback.
g. Front And Exterior Side Yards: Required front yards and exterior side yards shall be limited exclusively for landscaping, driveways, internal circulation, walkways, parking, signs and other related streetscape features. Materials storage within such yards shall be prohibited.
h. Landscaping:
(1) Provisions for landscaping shall be included in the Development Master Plan to be submitted for conditional use permit approval. These shall include, but are not limited to, screen planting, lawn areas, trees, shrubs, fences and walls. Drought tolerant, low maintenance species in conjunction with decorative "hard surface" materials, such as, but not limited to, volcanic rock, gravel or stone are encouraged and may be utilized to fulfill landscape surface requirements.
(2) Minimum landscape area shall be provided equal to twenty five percent (25%) of the required front yard and exterior side yard equal to two and one-half (21/2) square feet per linear foot of street frontage.
(3) It shall be the responsibility of the owner or developer to carry out this program and to provide such maintenance and care as is required to obtain the effect intended by the original plan. All landscaping shall be planned and maintained to the satisfaction of the Planning Commission. A screen wall as set forth in subsection 3-2-3J of this chapter is required for all IBP uses within one hundred fifty feet (150') of an R district.
B. IC Industrial Commercial District:
1. Intent: The purpose of the IC Zoning District is to provide and preserve transitional areas characterized by surrounding commercial and industrial districts appropriate for a mixture of commercial uses and small scale industrial uses which are not associated with excessive levels of noise, dust, odor, vibration or smoke.
2. Principal Uses Permitted:
All general commercial principal permitted uses listed in subsection 3-2-10B of this chapter.
All light industrial principal permitted uses listed in subsection 3-2-12A of this chapter.
3. Conditional Uses Permitted: Any of the following uses may be permitted upon approval of a conditional use permit in accordance with provisions of this subsection and as set forth in section 3-2-18 of this chapter:
Gas service stations.
Mixed uses. 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.
Recreational vehicle parks.
4. Development Standards:
a. Minimum Area: There is no required minimum lot area.
b. Minimum Lot Width: There is no required minimum lot width.
c. Minimum Front And Rear Yard Setback: Required minimum front and rear yard setback shall be five feet (5').
d. Minimum Side Yard Setback: Required minimum side yard setback shall be five feet (5').
5. Height Restrictions: In addition to all other applicable requirements, all structures within the IC Industrial Commercial Zoning District must comply with the height and other requirements of the current City Airport Master Plan, to the extent the plan applies to that location.
6. IC Industrial Commercial Zone Abutting Residential Zone: A conditional use permit pursuant to section 3-2-18 of this chapter is required for every new development on a lot or parcel in the IC Industrial Commercial Zoning District which abuts a residential zoning district. All such developments are subject to the screen wall requirements set forth in subsection 3-2-3J of this chapter.
7. Outside Storage: Any outside storage of materials shall be suitably screened from surrounding area by fencing, walls, planting, or other comparable barrier.
8. Landscaping:
a. For every new construction in the IC Industrial Commercial Zoning District which is outside of the Central Business District (CBD), minimum landscape area shall be provided in an amount equal to fifteen percent (15%) of the surface area of the developed portion of the property for lot sizes one acre or greater and ten percent (10%) of the surface area of the developed portion of the property for lot sizes smaller than one acre, to include property consisting of multiple parcels which form a single development. Additionally, the City may, at its discretion, require that landscaped areas be distributed throughout the development, including yard areas between buildings, structures and the adjacent street right- of-way line. The landscaping may include, but is not limited to, screen planting, lawns, trees, shrubs, fences and walls. Drought tolerant, low maintenance species, in conjunction with decorative hard surface materials such as, but not limited to, volcanic rock, gravel or stone, are encouraged and may, where appropriate, be utilized to fulfill landscape surface requirements.
b. It shall be the responsibility of the owner or developer to carry out the requirements of this section and to provide proper maintenance and care of the landscaping. (Ord. 829, 5-22-2018)
Loading...