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Elko, NV Code of Ordinances
CITY CODE of ELKO, NEVADA
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE CHARTER
TITLE 1 ADMINISTRATION
TITLE 2 BUILDING REGULATIONS
TITLE 3 ZONING REGULATIONS
CHAPTER 1 RESERVED
CHAPTER 2 GENERAL ZONING ORDINANCE
CHAPTER 3 DIVISIONS OF LAND
CHAPTER 4 PLANNING COMMISSION
CHAPTER 5 MOBILE HOME PARKS, MOBILE HOME, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS
CHAPTER 6 RESERVED
CHAPTER 7 MOVEMENT OF BUILDINGS
CHAPTER 8 FLOODPLAIN MANAGEMENT
CHAPTER 9 SIGN REGULATIONS
TITLE 4 BUSINESS REGULATIONS
TITLE 5 POLICE REGULATIONS
TITLE 6 FIRE REGULATIONS
TITLE 7 TRAFFIC
TITLE 8 PUBLIC WAYS AND PROPERTY
TITLE 9 HEALTH AND SANITATION
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3-2-11: IBP, IC INDUSTRIAL DISTRICTS:
   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)
3-2-12: LI, GI INDUSTRIAL DISTRICTS:
   A.   LI Light Industrial District:
      1.   Intent: The purpose of the LI Zoning District is to provide and preserve areas reserved primarily for less intensive industrial use and activity normally associated with previously prepared materials and with minimal levels of noise, dust, odor, vibration or smoke, and to preclude encroachment of land uses such as residential uses that could be in conflict with the industrial and manufacturing environment.
      2.   Area and Setback Requirements: All LI District uses shall be established in accordance with the following:
         a.   Minimum Area: In an LI District, there is no required minimum lot area for a light industrial use.
         b.   Minimum Lot Width: In an LI District, there is no required minimum lot width.
         c.   Minimum Front and Rear Yard Setback: Required minimum front and rear yard setback in the Light Industrial (LI) District shall be ten feet (10').
         d.   Minimum Side Yard Setback: Required minimum side yard setback in the Light Industrial District shall be ten feet (10').
         e.   Maximum Building Height: The maximum allowable building height in the Light Industrial District shall not exceed the allowable elevation indicated in the current Airport Master Plan for the City.
      3.   Principal Uses Permitted: The primary permitted uses in the LI Zoning District are listed as follows, plus other uses of a similar nature:
         Ambulance service.
         Appliance repair.
         Assayer.
         Assembly of products and materials.
         Auto and truck repair garage.
         Auto parking lot.
         Bakery.
         Bottling plant.
         Bus facilities or terminals.
         Business machine service.
         Cabinet manufacturing.
         Clinics.
         Contractor's services.
         Corporate offices.
         Dairy products distribution.
         Drilling companies.
         Electrician shop.
         Equipment rentals and sales.
         Fabricating of products and materials.
         Financial institutions.
         Fire stations.
         Government facilities.
         Health club.
         Heavy equipment storage and sales.
         Laboratories (medical, dental, optical, veterinarian, chemists).
         Manufacturing of products and materials (limited in scale).
         Medical offices.
         Metallurgical lab.
         Municipal buildings.
         Museums.
         Park and ride facilities.
         Plumbing shop.
         Post office.
         Professional offices.
         Restaurants.
         Storage units.
         Trucking facilities or terminals.
         Utility companies.
         Veterinary clinics.
         Warehousing.
         Other commercial uses, which are supportive and complementary to LI uses and the intent of the district.
      4.   Accessory Uses Permitted: The accessory permitted uses in the LI district are:
         Storage buildings.
      5.   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 those set forth in section 3-2-18 of this chapter:
         Childcare center.
         Gas service station.
         Halfway house for recovering alcohol and drug abusers.
         Humanitarian campgrounds.
         Mixed uses; any structure containing a residential dwelling unit occupied by the owner or an employee of the owner of the structure containing the principal permitted use, if a significant portion of the space within the structure includes one or more principal permitted uses.
         Mobile homes or residential quarters for caretakers or watchmen. A permanentized mobile home that has been converted to real property under the common law and is taxed as real property in accordance with Nevada Revised Statutes Chapter 361. In addition, there must be fill compliance with all yard requirements of the R zoning district.
         School; Public, Private or Trade.
      6.   Residential Uses: A stand-alone (i.e., freestanding and independent) building or structure devoted solely to residential use is not allowed in the LI district as a permitted use or a conditional permitted use. Residential uses existing at the time of adoption of the ordinance codified herein may be allowed to continue in accordance with section 3-2-19 of this chapter.
      7.   Industrial Zone Abutting Residential Zone: When an industrial zone abuts a residential zone, a conditional use permit is required pursuant to section 3-2-18 of this chapter. All such developments are subject to the required screen wall in accordance with the provisions of subsection 3-2-3J of this chapter.
      8.   Requirements: All requirements set forth in section 3-2-17 of this chapter must be adhered to.
      9.   Screen Walls: A screen wall as set forth in subsection 3-2-3J of this chapter is required for all LI uses within one hundred fifty feet (150') of an R district.
      10.   Provisions for Landscaping:
         a.   Provisions for landscaping shall be part of the development plan and 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.
         b.   Minimum landscape area shall be provided equal to twenty-five percent (25%) of the required front yard and exterior side yard, or equal to two (2) square feet per linear foot of street frontage.
         c.   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.
   B.   GI General Industrial District:
      1.   Intent: The purpose of the General Industrial (GI) zoning district is to provide and preserve areas reserved primarily for more intensive industrial uses engaged in basic processing or manufacturing of products from raw materials and with tolerable levels of noise, dust, odor, vibration or smoke, and to preclude encroachment of land uses such as residential uses that could be in conflict with the industrial and manufacturing environment.
      2.   Area and Setback Requirements: All GI District uses shall satisfy the following requirements:
         a.   Minimum Lot Area: In the GI District, there is no minimum lot area.
         b.   Minimum Lot Width: In the GI District, there is no minimum lot width.
         c.   Minimum Front and Rear Yard Setback: Minimum front and rear yard setbacks in the GI District shall be ten feet (10'). If the property adjoins a residential district, there shall be a rear yard having a width of not less than twenty-five feet (25').
         d.   Minimum Side Yard Setback: The minimum side yard setback in the GI District shall be ten feet (10'). If the property adjoins a residential district, there shall be a side yard having a width of not less than twenty-five feet (25').
         e.   Maximum Building Height: The maximum building height in the GI District shall not exceed the allowable elevation indicated in the current Airport Master Plan for the City.
      3.   Principal Uses Permitted: The primary permitted uses in the GI zoning district include all uses permitted in the LI zoning district, plus other uses listed as follows:
         Food processing facilities.
         Manufacturing of products or materials.
         Outdoor manufacturing, processing, assembly and fabrication.
         Other commercial uses which are supportive and complementary to GI district uses and the intent of the district as determined by the planning commission.
      4.   Accessory Uses Permitted: The accessory permitted uses in the GI district are:
      Storage buildings.
      5.   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 those set forth in section 3-2-18 of this chapter:
         Asphalt or concrete batch plant.
         Gas service station.
         Halfway house for recovering alcohol and drug abusers.
         Humanitarian campgrounds.
         Mobile homes or residential quarters for caretakers or watchmen. A permanentized mobile home that has been converted to real property under the common law and is taxed as real property in accordance with Nevada Revised Statutes Chapter 361. In addition, there must be full compliance with all yard requirements of the R zoning district.
         Mixed uses; any structure containing a residential dwelling unit occupied by the owner or an employee of the owner of the structure containing the principal permitted use, if a significant portion of the space within the structure includes one or more principal permitted uses.
         Wrecking yard, salvage yard or junkyard.
         Other similar uses or uses determined to be more noxious in character or operation.
      6.   Residential Uses: A stand-alone (i.e., freestanding and independent) building or structure devoted solely to residential uses is not allowed in the GI district as a permitted use or a conditional permitted use. Residential uses existing at the time of adoption of this section may be allowed to continue in accordance with section 3-2-19 of this chapter.
      7.   Industrial Zone Abutting Residential Zone: When an industrial zone abuts a residential zone, a conditional use permit is required pursuant to section 3-2-18 of this chapter. All such developments are subject to the required screen wall in accordance with the provisions of subsection 3-2-3J of this chapter.
      8.   Flammable and Combustible Liquids, Bulk Storage: All flammable and combustible liquids shall be governed by title 6, chapter 3 of this code. (Ord. 805, 12-13-2016; amd. Ord. 879, 1-24-2023)
3-2-13: AG GENERAL AGRICULTURE DISTRICT:
This district is intended to comprise lands devoted to agriculture, related activities and other open uses. This district is further intended to constitute a "hold" district to retain land in less intensive use until the time is appropriate for more intensive development so as to prevent scattered development and the premature and costly extension of utility mains and services related thereto, and to regulate development of the city so that it occurs in stages according to market needs and progresses contiguously outward from the developed urban area. Regulations are designed to limit uses to those which are compatible with agriculture, to prevent encroachment by more intensive uses, and to preserve the open space characteristics of the district.
   A.   Principal Uses Permitted:
      1.   Agricultural Uses:
         General agriculture on parcels not less than five (5) contiguous acres in area.
         Commercial breeding, raising, training and feeding principally by grazing of horses, cattle, sheep, goats and hogs; provided, that pens, buildings, corrals and yards other than open pastures are not closer than five hundred feet (500') to any residence, except the residence of the property owner.
         Dairies; poultry and egg farms; fur farms; public stable; provided, that pens, buildings and enclosures other than open pastures are not closer than five hundred feet (500') to any residence, except the residence of the property owner.
         Oil wells.
         Soil crops.
      2.   General Uses:
         Guest ranches, on parcels having an area not less than ten (10) acres; provided, that pens, buildings and yards other than open pastures used for keeping of livestock are not closer than one hundred feet (100') to any street, highway or residential district.
         Veterinary clinic or animal hospital.
      3.   Conditional Uses Permitted:
         Churches and church facility complexes.
         Public recreational uses, including public or quasi- public golf courses and similar activities.
         Schools.
         Water pumping plants and storage tanks.
   B.   Accessory Uses Permitted:
      1.   Accessory buildings, structures and uses customarily incidental to permitted principal or conditional uses.
      2.   Employee housing, servants' quarters, guesthouses.
      3.   Storage of petroleum products required for use on the premises; provided, that such storage shall not exceed one thousand (1,000) gallons and shall be subject to all applicable health and safety laws.
      4.   Home occupations.
   C.   Property Development Standards For Principal Permitted Uses:
      1.   Minimum lot or site area: Five (5) acres.
      2.   Minimum lot or site width: Four hundred feet (400').
      3.   Minimum setback from all street lines: One hundred feet (100').
      4.   Minimum side yards: One hundred feet (100').
      5.   Minimum Rear Yard: One hundred feet (100').
   D.   Property Development Standards For Accessory Buildings:
      1.   Maximum Height: In accordance with requirements of the current city airport master plan.
      2.   Minimum Space: The minimum space between a building used for sleeping or living purposes and any other detached building is twenty feet (20').
      3.   Minimum Side And Rear Setbacks: Minimum side and rear setbacks of buildings not used for keeping poultry or animals is twenty feet (20').
      4.   Accessory Buildings: Accessory buildings, whether attached or detached, shall not be erected in any required front or side yard, except as otherwise provided in this chapter.
   E.   Maintenance Of Stock Fences: All livestock and poultry kept shall be kept confined to the premises by erection and maintenance of a stock fence and necessary cattle guards. (Ord. 256, 4-11-1978)
3-2-14: FP, SA OVERLAY DISTRICTS:
   A.   FP Floodplain Overlay District: This overlay comprises areas subject to inundation by floodwaters according to limits established by the department of housing and urban development. It is the intent of this overlay to establish such regulations as are necessary to protect the public from the hazards and cost which may be incurred when unsuitable development occurs in such areas.
   B.   SA Special Area Overlay District: The purpose of the SA special area overlay district is to recognize certain areas as having unique or extraordinary features, characteristics, circumstances or history related to topography, streets and circulation, property sizes and configurations or established patterns of land use; and, to provide the opportunity to establish special development standards and regulations suitable for qualified special areas.
      1.   Standards Established: Special area and special area development standards are hereby established for the following described property:
Property zoned R on the east and west side of Lamoille Road, north of Wilson Avenue and inclusive of all R zoned property between Front Street on the north and Wilson Avenue on the south; property zoned R on the north and south side of Carlin Court and on the south side of Ouderkirk Avenue, west of Lamoille Road and inclusive of all R zoned property between Wilson Avenue on the north, Ouderkirk Avenue on the south and Lamoille Road on the east.
      2.   Property Development Standards:
         a.   Area Requirements:
            (1)   Minimum lot area: Four thousand (4,000) square feet.
            (2)   Minimum lot width: Forty feet (40').
            (3)   Minimum lot depth: Eighty feet (80').
         b.   Land Use:
            (1)   Single-family dwelling (SFD): Four thousand (4,000) square feet.
            (2)   SFD or duplex: Six thousand (6,000) square feet.
            (3)   SFD, duplex or triplex: Seven thousand (7,000) square feet.
            (4)   SFD, duplex, triplex or fourplex: Eight thousand eight hundred (8,800) square feet.
      3.   Building Setbacks:
         a.   Front Yard:
            (1)   Single-story wall or elevation, twelve feet (12').
            (2)   Two-story wall or elevation, fifteen feet (15').
         b.   Rear Yard: Fifteen feet (15').
         c.   Exterior Side Yard:
            (1)   Single-story wall or elevation, seven and one-half feet (71/2').
            (2)   Two-story wall or elevation, twelve feet (12').
         d.   Interior Side Yard:
            (1)   Single story wall or elevation, five feet (5').
            (2)   Two-story wall or elevation, seven and one-half feet (71/2').
      4.   Off Street Parking:
         a.   Single-family dwelling, two (2) spaces.
         b.   Multiple-family dwelling, two (2) spaces per unit. (Ord. 512, 8-11-1998)
3-2-15: PUD PLANNED UNIT DEVELOPMENT DISTRICT:
The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the planned unit development (PUD) district regulations. The "planned unit development" is a concept as defined in section 3-2-2 of this chapter. A planned unit development may consist of attached or detached single-family units, townhouses, chapter units, condominiums, garden apartments or any combination thereof.
   A.   Purpose And Objective: The purpose is to establish procedures and standards for planned unit developments within the corporate limits of the city in order that the following objectives may be attained:
      1.   Accumulation of large areas of usable open space for recreation and preservation of natural amenities.
      2.   Flexibility in design to take the greatest advantage of natural land, trees, historical and other features.
      3.   Creation of a variety of housing types and compatible neighborhood arrangements that give the homebuyer greater choice in selecting types of environment and living units.
      4.   Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the city.
      5.   Efficient use of land which may result in reduction in development costs of street and utility systems.
      6.   Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development.
      7.   Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the city of proposed land use, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors.
   B.   Use Regulations: Uses permitted in the planned unit development may include, and shall be limited to, the following; provided, that the uses permitted in this district shall be subject to the issuance of a conditional use permit after review by the planning commission and approval by the city council:
      1.   Public dedication to the city of the common open space. This method is subject to formal acceptance by the city.
      2.   Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space.
      3.   Retention of ownership, control and maintenance of all common open space by the developer.
      4.   All privately owned common open space shall continue to conform to its intended use and remain as expressed in the site plan through the inclusion of all deeds or appropriate restrictions to ensure that the common open space is permanently preserved according to the site plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.
      5.   All common open space as well as public and recreational facilities shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.
      6.   If the developer elects to administer common open space through an association or nonprofit corporation, said organization shall conform to the following requirements:
         a.   The developer must establish the association or nonprofit corporation prior to the sale of any lots.
         b.   Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the planned unit development and said association or corporation shall not discriminate in its members or shareholders.
         c.   The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, administration and operation of said land and any other land within the planned unit development not publicly or privately owned, and shall secure adequate liability insurance on the land.
         d.   If the developer elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space.
         e.   Said association or nonprofit corporation shall not be dissolved nor shall dispose of any common open space by sale or otherwise, without first offering to dedicate such common open space to the city, which offer shall be accepted or rejected within one hundred twenty (120) days.
         f.   Said association or nonprofit corporation may make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the planned unit development plan. The assessment shall be made ratably against the properties within the planned unit development that have a right of enjoyment of the common open space.
         g.   Said association or nonprofit corporation established for ownership and maintenance of common open space and receiving payments from owners of the property within the planned unit development shall:
            (1)   Immediately deposit such payments in a separate trust account maintained by it with some bank or recognized depository in this state.
            (2)   Keep records of all payments deposited therein and all disbursements therefrom.
      7.   The city, association, nonprofit corporation, developer or landowner who retains ownership, control and maintenance of a common open space shall have all rights of assessment, enforcement of assessment lien and other procedures available to said individual, corporation, association or other business entity as set forth in Nevada Revised Statutes chapter 278A.
   C.   Utilities And Services: Structures within the planned unit development shall be connected to city water and sewer lines and all utility lines shall be placed underground except for major electrical transmission lines. The road network of the planned unit development shall be of a suitable design and construction as to meet city specifications. The city shall have the right to require, prior to the approval of the site plan, such easements from the developer as are necessary for access by the city to privately owned acres of the planned unit development to permit the city to perform necessary police, health, safety and fire services.
   D.   Minimum Development Standards: A planned unit development must contain five (5) or more dwelling units and all lots within the planned unit development shall meet at least the following minimum requirements:
      1.   Minimum Site Area: Minimum site area shall be five (5) acres, except the planning commission, with approval of the city council, may waive this minimum when proper planning justification is shown.
      2.   Minimum Lot Size For Single-Family Detached Residences: The following minimum lot sized per dwelling unit shall apply to all lots containing a single-family detached residence, if said lots are located entirely within that section of the planned unit development that was previously located in an R zoning district:
7,500 square feet = 5.81
      3.   Lot Coverage: Maximum lot coverage shall be fifty percent (50%) for all lots within the planned unit development.
      4.   Setbacks: There shall be a minimum setback of ten feet (10') between any buildings which are forty feet (40') or less in height and all public or private access right of way designed for limited vehicular traffic, such as minor residential streets, cul-de-sacs, or dead end type streets. A minimum setback of twenty feet (20') shall apply to dwelling units located on collector streets and a minimum setback of thirty feet (30') shall apply to dwelling units located on arterial streets. The setback shall be increased two feet (2') for each additional story above forty feet (40') of height.
      5.   Distance Between Buildings: There shall be a minimum distance between detached buildings as follows: Twenty feet (20') for the first forty feet (40') of height. Two feet (2') additional for each additional story above forty feet (40') of height.
      6.   Access: All lots shall have access to either private or public roads within the planned unit development. Private roads are to be allowed within the planned unit development if they meet the minimum city construction standards. Private roads shall not be permitted along the perimeter of the planned unit development unless approved by the planning commission. All roads must be designated to tie in effectively with the city thoroughfare portion of the general plan. The city shall be allowed access on private roads and privately owned common open space to ensure the police and fire protection of the area to meet emergency needs, and to conduct city service.
      7.   Buffer Areas And Screening: Compatible and complementary buffer areas and/or screening shall be provided between primary residential uses and secondary nonresidential uses within the planned unit development and between conflicting uses located on the periphery of the development and surrounding developments or zoning districts. Sizes of buffer zones shall be determined during the process of conditional use permit approval.
      8.   Common Walls; Fire Resistance: Within the buildings, whenever common walls are proposed, they shall be two (2) hour fire resistant.
      9.   Drainage: Drainage on the internal private and public streets shall be as required by the public works department. All common driveways shall drain to either storm sewers or a street section.
      10.   Fire Hydrants: Fire hydrants shall be provided and installed as required by the fire department. Fire lanes shall be provided as required by the fire department. Fire lanes may be grass areas.
      11.   Exterior Lighting: Exterior lighting within the development shall be provided on private common drives, private vehicular streets and on public streets. The lighting on all public streets shall conform to the standards approved for regular use elsewhere in the city. (Ord. 256, 4-11-1978)
   E.   Open Space And Density:
      1.   In no instance shall the total amount of usable open space within the planned unit development be less than twenty percent (20%) of the gross acreage of the planned unit development. The following shall not be counted as usable open space: Land that has average slopes of greater than ten percent (10%); any streets, parking areas or other asphaltic or paved areas except for pedestrian and bicycle paths.
      2.   Density of the area shall be computed in the form of dwelling units per acre. The following maximum density shall apply to those sections of the planned unit development that were previously located in the following specified zoning districts:
         R district specific density will be determined in process of conditional use permit review, however, in no instance shall the maximum density exceed twelve (12) units per acre.
   F.   Open Space And Related Incentives:
      1.   For each five percent (5%) increment of additional usable common open space above the twenty percent (20%) per gross acre minimum, the developer will be allowed a corresponding increase in density of ten percent (10%) above the density figure computed in subsection E of this section, subject to the maximum limitation of twelve (12) units per acre.
      2.   For each linear mile of bicycle path provided in the planned unit development, the developer will be allowed a corresponding increase in density of ten percent (10%) above the density figure computed in subsection E of this section, subject to the maximum limitation of twelve (12) units per area. The route of the bicycle path and its gradient must be reviewed by the planning commission and approved by the city council and shall be constructed according to the following specifications: width, at least eight feet (8') wide; paving, at least six inches (6") of compacted crushed stone base with two inches (2") of asphaltic concrete, whichever is suitable to the development. All site work, including drainage facilities, clearing and grading for the bicycle path shall be reviewed by the planning commission and approved by the city council. (Ord. 336, 12-14-1982)
   G.   Termination Of Planned Unit Development: Any owner of land which has been designated a planned unit development may apply to the city for the termination of the planned unit development use of that portion of his land in which construction has not been commenced pursuant to a site plan. The petition for termination of a planned unit development shall be accompanied by a zoning change application in accordance with the procedure specified in this chapter.
   H.   Building And Occupancy Permits: All building and occupancy permits shall be issued in conformance with an approved site plan for a planned unit development.
   I.   Procedures For Authorization Of Planned Unit Development: In order to provide an expeditious method for processing a plan for a planned unit development and to avoid delay and uncertainty, it is hereby declared that all procedures with respect to the approval or disapproval of a planned unit development and its continuing administration shall be consistent with the provisions set out in Nevada Revised Statutes sections 278A.440 through 278A.590, inclusive. (Ord. 256, 4-22-1978)
3-2-16: RC RESTRICTED COMMERCIAL DISTRICT:
   A.   Principal Uses Permitted:
      1.   Licensed houses of prostitution and limited residential uses associated therewith, and "sexually oriented business uses", as defined in section 3-2A-2 of this chapter, shall be permitted in restricted commercial zoned areas.
      2.   Development within the restricted commercial district shall be limited to the following areas:
The westerly 1/2 of Lot 9 and Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, of Block 47 in the Town of Elko Subdivisions; Lots 1, 2 and easterly 13.70 feet of Lot 3 of Block E of the Central Addition Subdivision.
   B.   Restricted Commercial District Use Permitted: It shall be unlawful to locate or relocate any house of prostitution in any area within the city except within a restricted commercial district.
   C.   Other Uses Permitted: General commercial, convenience commercial, light industrial and general industrial uses may be permitted in the RC zone, provided all requirements of section 3-2-12 of this chapter have been adhered to.
   D.   General Regulations:
      1.   The planning commission may require, with approval of the city council, landscaping sufficient to promote the compatibility with the neighborhood.
      2.   The outdoor storage of goods or materials shall be prohibited.
   E.   Conditional Use Permits Required: Houses of prostitution in the RC zoning district shall be subject to the conditional use permit procedure as set forth in section 3-2-18 of this chapter. (Ord. 439, 4-12-1994)
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