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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)
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)
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)
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)
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)
It is the intent of this Chapter to secure optimum coordination and interaction between land use and transportation facilities. Preservation and improvement of the traffic function of abutting streets, and of the major street system as a whole are essential considerations in the project planning stage of land development. It is the purpose of this section to establish the regulations necessary to assure that every land use will be so located and planned as to minimize traffic congestion, hazards, and vehicular pedestrian conflicts. This Chapter also places the primary responsibility for reducing street parking on property owners and contains the regulations and minimum standards essential to the planning and development of adequate off-street parking.
A. Property Owner Responsibility: It shall be the duty and responsibility of each property owner to plan and develop his or her property in such a way that:
1. On-street space will not be required to satisfy parking or loading space needs;
2. Points of access from adjacent public streets will be minimized;
3. Driveway openings will be located and dimensioned to minimize disruption to passing traffic and the creation of traffic hazards; and
4. Driveways will be located to provide direct access from driveway openings to any required off-street parking.
B. Regulations Pertaining to Traffic: Every use of land shall conform to the following general standards, in addition to the special standards for certain specific uses of land as set forth in this Chapter:
1. Traffic Visibility: No obstructions to visibility at any street intersection that interfere with the ability of motorists to observe traffic signs, vehicles, and pedestrians, including but not limited to structures, signs, parked vehicles, or vegetation shall be allowed or permitted to remain in any zoning district between the heights of two and one-half feet (2 1/2') and eight feet (8') above the ground.
2. Driveway Openings: “Driveway openings” means the transition area from a public road or public street within a right-of-way or easement extending to a private property line for the purpose of allowing ingress and egress of vehicular traffic. With the exception of driveway openings that were in conformance with this Code at the time of their installation or modification and are permitted to continue as legal nonconforming uses, all driveway openings that are installed, altered, changed, replaced, or extended shall comply with the requirements set forth in this Chapter and be approved by the City prior to installation or modification. All driveway openings subject to this section shall satisfy the following requirements.
a. Pedestrian or Vehicular Traffic Hazards:
Driveway openings which contribute to or result in the creation of pedestrian or vehicular traffic hazards shall not be approved absent extenuating circumstances. The following factors shall be considered in determining whether a condition creates a pedestrian or vehicular traffic hazard:
(1) Obstructions to visibility at the intersection of a public street and proposed driveway.
(2) Traffic congestion and the risk of vehicular pedestrian conflicts at the intersection of a public street and proposed driveway.
(3) Multiple proposed driveway openings or added driveway openings combined with existing driveway openings which increase vehicular traffic conflict points in the public street.
b. Single-Family Residential Driveway Openings.
(1) Driveway openings shall not exceed:
A. Twenty (20) feet in width at single-family residences for off-street parking pertaining to accessory uses in conformance with Section 3-2-5.
B. The width of the garage or carport for covered parking (such as detached garage or carport).
C. Thirty (30) feet in width or the width of the garage or carport, whichever is greater, for attached parking, as measured at the street line, exclusive of curb returns or tapers; provided, no driveway opening shall conflict with the requirements set forth in Section B(3)(c), below.
(2) Driveways shall be designed with a minimum slope of 0.5% and a maximum slope of 14%. Slopes between 10% and 14%, inclusive, may be allowed under unique circumstances only if the developer/contractor can demonstrate a hardship which would make a slope less than 10% impractical.
c. For commercial and industrial uses, driveway openings shall not exceed forty-five feet (44') in width measured at the street line, exclusive of curb returns or tapers. However, in the event the City determines that public safety would best be served by a multiple lane driveway opening configuration, the City may approve a driveway opening greater than the maximum width prescribed in this section.
d. Driveway openings for vehicular entrances and exits to drive-in theaters, stadiums, racetracks, funeral homes and similar uses generating very heavy, periodic traffic conflicts shall be located not closer than two hundred feet (200') to any intersection or any pedestrian entrance or exit to or from a school, college, university, church, hospital, public emergency shelter or other place of public assembly.
3. Access:
a. Roadway Classifications: All roadway classifications shall be determined in accordance with the Transportation component of the City of Elko Master Plan.
b. Private Access: No direct private access shall be permitted to an existing or proposed right of way of any freeway, interstate highway, expressway, or controlled access arterial street without the written permission of the City or other governmental entity having jurisdiction over the location where the access is proposed.
c. Public or Private Access: Direct public or private access shall meet the minimum standards set forth in this section based on the applicable roadway classifications; provided: (1) the Nevada Department of Transportation (NDOT) shall be granted access through existing NDOT rights of way; and (2) NDOT may be granted access through property owned by the City; further provided, the City may, in its discretion, modify the minimum standards set forth in this section if the property owner demonstrates that physical site conditions and/or the location of existing rights-of-way render strict compliance impractical or impossible. Except as otherwise provided in this subsection, the following access standards shall apply based on the applicable roadway classification:
(1) The City may grant a private property owners access from a principal or major arterial street if there is no other reasonable access to the parcel, in which event access shall be restricted to right turns only and shall be located no less than three hundred fifty feet (350') from all other intersections and points of access. Access from principal or major arterial streets shall be shared with adjacent properties where feasible.
(2) Access from minor arterial streets shall be permitted so long as it is located no less than two hundred fifty feet (250') from intersections and other points of access. Access from minor arterial streets shall be shared with adjacent properties where feasible.
(3) Access to collector streets from residential parcels shall be permitted so long as the design does not force or encourage vehicles to back into streets, further provided the access is located no less than seventy five feet (75') from intersections and twenty five feet (25') from other points of access.
(4) Access to collector streets from nonresidential parcels shall be permitted so long as the access is located no less than one hundred fifty feet (150') from intersections and other points of access.
(5) Access to local streets from residential parcels shall be permittedso long as the access is located no less than thirty feet (30') from all other intersections and no less than ten feet (10') from other points of access.
(6) Access to local streets from nonresidential parcels shall be permittedso long as the access is located no less than fifty feet (50') from intersections and thirty feet (30') from all other points of access.
d. Points of Access, Driveways, and Parking Spaces: Except for single-family dwellings and two-family dwellings, point of access, driveway, and parking space location and design shall include a paved turning area that allows vehicles to turn around and travel into a public street. Except as provided above, under no circumstance shall any off street parking lot be so arranged or designed as to necessitate backing a vehicle into a public street.
e. Civil Improvements Required: All civil improvements required pursuant to the City Code (to include, without limitation, Title 8, Chapter 18, "Public Improvement Standards") shall be completed on the full frontage of the lot, parcel, or tract of real property prior to granting access to any City right- of-way or easement from the lot, parcel, or tract. Civil improvements shall satisfy the public improvement standards and requirements set forth in Chapters 3 and 5 of this Title as applicable, and shall satisfy all other applicable requirements of the City Code. All civil improvements must be approved by the City constructed by a properly licensed contractor, and certified by a properly licensed engineer.
f. Revocation of Access: Permission to access City rights-of-way or easements may be revoked if conditions identified in the approval of the civil improvement plans are not satisfied or if a person attempts to access City rights-of-way or easements without prior approval by the City following the submittal of civil improvement plans.
4. Traffic Counts: All developers shall provide calculations in accordance with the Institute of Traffic Engineers (ITE) "Traffic Generation Manual" for the anticipated traffic load created by the development. In the event the City determines that a proposed development is likely to create a traffic load exceeding one thousand (1,000) vehicles per day (vpd), or if the City determines that the resulting increase in traffic from a proposed development will likely decrease the level of service (LOS) of a roadway based on the current traffic counts on that roadway to an LOS of D or worse as determined in accordance with the "Highway Capacity Manual" and the AASHTO publication entitled "Geometric Design Of Highways and Streets", the developer shall complete and submit to the City a traffic study prior to submitting plans for civil improvements. The City may take the traffic study into consideration in approving or rejecting any civil improvement plans related to the proposed development.
C. General Off-Street Parking Regulations: In all zoning districts, off-street parking areas must be provided in accordance with the provisions of this section for: 1) new buildings, establishments, or uses of land; and 2) existing buildings, establishments, or uses of land which are extended, enlarged or altered.
1. Buildings, establishments, or uses of land established and in operation prior to June 12, 2002 that were in compliance with this Chapter on that date shall be exempt from the requirements of this section; provided, however, that whenever such buildings, establishments, or uses of land are extended, enlarged, modified, increased, or altered, off-street parking facilities shall be provided for the extended, enlarged, modified, increased or altered area in accordance with the provisions of this section; further provided, any extension, enlargement, modification, increase, or alteration of a building, establishment, or use of land shall be subject to any additional parking requirements contained in this Title or required by the City in accordance with the City Code, to include, without limitation, additional parking requirements contains in a conditional use permit.
2. No person required to provide off-street parking under this section may discontinue or reduce any existing required parking without first providing replacement parking in accordance with provisions of this section.
3. Except as otherwise provided in Subsection 4, below, required off- street parking spaces used in connection with any establishment or business which are located within any public street or right of way and thus, nonconforming with the requirements of this section, shall be deemed abandoned within ninety (90) days upon the automatic termination of the legal nonconforming use of parking caused by any one of the following events:
a. A change in use of any building or land owned, leased, or used by the establishment or business;
b. Any enlargement, expansion, or addition to any building owned, leased, or used by the establishment or business that is in excess of four hundred (400) square feet of gross floor area; or
c. The occupancy by the establishment or business of a building that has not been occupied or used for a period of at least twelve (12) consecutive months.
4. Parking spaces used in connection with an establishment or business that are located within any public street or right of way shall be automatically deemed abandoned unless the establishment or business obtains a revocable permit for use of the parking spaces from the City Council. In order to obtain any such revocable permit, the applicant must first present an application for a revocable permit to the Planning Commission for consideration. The recommendation of the Planning Commission must then be submitted to the City Council. If the City Council grants any such revocable permit, it may be granted subject to any terms or conditions required by the City Council which the City Council deems to be in the best interest of the City.
D. Location and Placement of Required Off-Street Parking:
1. General: Every part of every off-street parking facility shall be set back from every lot line a sufficient distance to assure that no part of any parked vehicle can project over the lot line.
2. Residential Uses:
a. In any residential zoning district other than the RMH-1 district, no required off-street parking space shall be located in a required front yard or side yard.
b. Required off-street parking shall be located on the same lot or parcel as the use it is intended to serve; provided, however, that:
(1) Parking for cooperative or condominium type multi-family dwellings, fraternities, sororities and rooming houses, may be provided in a parking lot not farther than two hundred feet (200') from the entrance to the dwelling unit it is intended to serve.
(2) Required parking for multi-family dwellings in excess of one space per dwelling unit may be located on a separate, abutting lot or parcel in a parking lot not more than three hundred feet (300') from the dwelling units it is intended to serve.
3. Nonresidential Uses:
a. Required off-street parking shall be located within three hundred feet (300') of the real property it is intended to serveas measured along the sidewalk from the nearest point of the building or structure to the nearest point of the parking lot; provided, however, that parking facilities for a stadium, auditorium, outdoor sports arena, or similar use, may be located not farther than one thousand three hundred feet (1,300') from the nearest point of such building or structure.
b. Every nonresidential parking lot abutting a residential district shall be set back a distance not less than the minimum required setback for abutting principal residential buildings in that residential district; for example, the parking lot setback must be equal to or greater than the interior side yard setback if abutting an interior side yard.
4. Documentation Required: Whenever the use of a separate lot or parcel is proposed for fulfillment of minimum parking requirements, the owner shall submit as a part of an occupancy certificate satisfactory assurance that the separate lot or parcel is permanently committed to parking use by deed restriction or other enforceable legal measure.
E. Methods of Providing Required Off-Street Parking: Required off-street parking may be provided by any one or combination of the following methods:
1. By providing the required parking space on the same lot as the building or use being served.
2. By the collective provision of required parking for two (2) or more buildings or uses, whereupon the total of such parking shall be not less than the sum of the requirements for the several buildings or uses computed separately; provided, however, that if two (2) or more such buildings or uses have operating hours which do not overlap, the Planning Commission, upon appeal, may grant a reduction of the collective requirement based upon the special circumstances involved. A written agreement for joint use of such facilities shall be executed between the parties concerned and a copy shall be filed with the Planning Department and recorded with the County Recorder’s Office.
3. By securing the consent to use off-street parking facilities under another's ownership which are not otherwise used during the principal operating hours of the building or use in question; provided, however, that such consent shall be in written form and a copy shall be filed with the Planning Department and recorded with the County Recorder’s Office.
4. In any zoning district and for cause shown, the Planning Commission may waive all or any portion of an off-street parking requirement, provided such waiver does not conflict with the purpose and intent of this chapter. In conjunction with the review and consideration of a parking waiver, the City shall notify all adjacent property owners as listed on the County Assessor's records not less than ten (10) days prior to the date of the Planning Commission meeting. Any decision of the Planning Commission associated with a request to waive an off-street parking requirement may be appealed to the City Council. Application for parking waiver shall be filed with the Planning Department on a form provided for such purpose and shall include payment of a filing fee in an amount established by resolution of the City Council.
F. Schedule of Required Off-Street Parking: The minimum number of off- street parking spaces required for specific uses shall be determined according to the following schedule. Requirements for a specific use not listed shall be the same as those for the most similar use listed, or as required by the Planning Commission or the City Council.
Use | Minimum Spaces Required | |
Use | Minimum Spaces Required | |
Commercial recreation: | ||
Billiard parlors | 1 per 2 billiard tables, plus 1 per each 2 employees on the shift with the most employees | |
Bowling alleys | 4 per bowling lane, plus 1 per each 2 employees on the shift with the most employees | |
Gymnasiums, health studios, private golf clubs, swimming pools, tennis clubs, and similar uses | 1 per 400 square feet of usable floor area, plus 1 per each employee on the shift with the most employees | |
Skating rinks, dance halls, dance studios | 1 per 3 persons of maximum capacity permitted by Building Code | |
Commercial sales and services: | ||
Automobile/truck, mobile home, RV, boat, or trailer sales and service | 1 per each 800 square feet of sales area for first 4,000 square feet, plus 1 per additional 2,000 square feet | |
Banks, credit unions | 1 per 300 square feet of usable floor area | |
Barbershops, beauty shops | 2 per service chair | |
Bus depot | 1 per 150 square feet of waiting room space, plus requirements for auxiliary commercial uses as elsewhere listed | |
Car wash/wash line | 1 per each employee on the largest shift, plus reservoir spaces equal to 5 times the capacity | |
Casino, gaming | 1 per every 200 square feet of usable floor area, plus 1 space per employee | |
Childcare center | 1 per every 10 students based on licensed occupancy, plus 1 per each employee on the shift with the most employees, plus 1 per each facility vehicle | |
Drive-through facility (bank, fast food, retail) | Requirements for uses elsewhere specified herein, plus stacking capacity for 5 vehicles. Drive-through lanes must be independent of access lanes required for parking space backup area and for general and emergency vehicle circulation | |
Furniture and appliance stores (sales and repairs) | 1 per 800 square feet of usable floor area | |
Gas stations | 1 per employee on the shift with the most employees | |
Gas stations with convenience stores | 1 per 2 gasoline pumps | |
General Retail | 1 per 300 square feet of usable floor area | |
Greenhouse, garden center | 1 per 500 square feet of sales area for the first 2,000 square feet, plus 1 per additional 2,000 square feet | |
Large machinery/equipment sales or rental | 1 per 800 square feet of gross area | |
Mortuaries, funeral homes | 1 per 3 fixed chapel seats, or 1 per 50 square feet of assembly area, whichever is greater, plus 1 per employee, plus 1 per commercial funeral vehicle | |
Restaurants, bars, cocktail lounges | 1 per 100 square feet of usable floor area, plus 1 per each employee on the shift with the most employees | |
Self-service laundries | 1 per 4 machines | |
Supermarkets, drugstores | 1 per 300 square feet of usable floor area | |
Hotels, motels: | ||
Auxiliary uses, i.e., restaurants | 1 per 100 square feet of usable floor area of dining room, bar, plus 1 per each 2 employees on the shift with the most employees | |
Commercial accessory use | 1 per 400 square feet of usable floor area | |
Overnight guests | 1 per guestroom, or suite, plus 1 per each 2 employees on the shift with the most employees | |
Convention/meeting rooms | 1 per 6 fixed seats or 1 per 24 square feet of unfixed seating space | |
Institutional uses: | ||
Hospitals | 1 per 2 beds, plus 1 per each employee on the shift with the most employees, plus 1 per 225 square feet of auxiliary medical office floor area | |
Sanatoriums, children’s homes | 1 per 5 beds, plus 1 per each employee on the shift with the most employees | |
Manufacturing and industrial uses | 1 per 500 square feet of gross floor area, or 1 per each employee on the shift with the most employees, whichever is greater | |
Offices: | ||
Medical and dental offices and clinics | 1 per 225 square feet of usable floor area | |
Offices; professional, governmental | 1 per 300 square feet of usable floor area | |
Places of public assembly: | ||
Auditoriums, exhibition halls, theaters, convention facilities, meeting rooms | 1 per 5 fixed seats, or 1 per 40 square feet of unfixed seating space, plus 1 per each 2 employees on the largest shift | |
Churches, for primary seating only | 1 per 5 fixed seats, or 1 per 40 square feet of unfixed seating space, plus 1 per each 2 employees on the shift with the most employees | |
Library, art gallery, or museum | 1 per 1,000 square feet of usable floor area | |
Movie theater | 1 per 5 seats, plus 1 per employee on the largest shift | |
Social clubs such as Elks, Moose, VFW, etc. | 1 per 200 square feet of usable floor area | |
Stadium, outdoor sports arenas | 1 per 5 seats, plus 1 per each 2 employees on the shift with the most employees | |
Public and quasi-public uses: | ||
Elementary schools | 1 per 6 students | |
Golf course, open to public | 4 per hole, plus 1 per each employee on the shift with the most employees | |
High schools | 1 per 4 students, plus 1 per employee | |
Junior colleges, colleges and universities | 1 per 3 enrolled full time day students, plus 1 per employee | |
Middle school/junior high school | 1 per 10 students, plus 1 per employee | |
Trade schools, business colleges | 1 per 150 square feet of gross floor area | |
Residential uses: | ||
Mobile home parks and lodges | See mobile home parks, mobile home, manufactured home subdivisions and recreational vehicle (RV) parks (chapter 5 of this title) | |
Multiple-family dwellings (studio unit) | 1 per dwelling unit | |
Multiple-family dwellings (1 and 2 bedroom unit) | 1-1/2 per dwelling unit, plus 1 per 3 units for guest parking | |
Multiple-family dwellings (3 or more bedrooms) | 2 per dwelling unit, plus 1 per 3 units for guest parking | |
Rooming houses, fraternities, sororities, resident clubs, lodges | 1 per sleeping room or 1 per bed, whichever is greater | |
Senior citizen housing development | 1 per unit, plus 1 per 5 units for guest parking | |
Single-family residence, duplex, triplex, fourplex | 2 per dwelling unit | |
Townhouses, condominiums | 2 per dwelling unit, plus 1 per 3 units for guest parking | |
Wholesaling and warehousing uses | 1 per 1,700 square feet of usable floor area, or 1 per each employee on the largest shift, whichever is greater, plus 1 per company owned motor vehicle | |
All other uses not specifically listed | In accordance with the most recent applicable parking generation rates established by the Institute Of Transportation Engineers (ITE) | |
G. Parking Lot Design Standards: Design standards associated with secondary access, landscaping, lighting, and provision of snow storage and trash receptacle enclosure areas, are intended to apply to the development and construction of new parking lots and facilities.
1. Minimum Design Dimensions: The layout of every off-street parking lot shall conform to the following minimum standards:
Angle Of Parking | One-Way Access Lane Width | Two-Way Access Lane Width | Parking Space Width | Parking Space Length |
90° | 24 feet | 24 feet | 9 feet | 20 feet |
75° - 89° | 22 feet | 24 feet | 9 feet | 20 feet |
54° - 74° | 18 feet | 22 feet | 9 feet | 20 feet |
30° - 53° | 15 feet | 20 feet | 9 feet | 20 feet |
Parallel | 12 feet | 20 feet | 8 feet | 23 feet |
Parking which is adjacent to a building face, or which is adjacent to improvements such as landscaping and sidewalks located directly adjacent to a building face shall provide access for fire equipment and personnel in conformance with the fire code adopted in title 6 of this code.
2. Measurement of Existing Unmarked Lots: In measuring unmarked parking lots in use or operation on the effective date hereof, each parking space shall be considered to require a minimum of three hundred (300) square feet, inclusive of access lanes. For single-family, duplex, triplex and fourplex residential land uses, the square footage of each required parking space shall be not less than one hundred eighty (180) square feet (9 feet x 20 feet).
3. Secondary Access or Interior Turnarounds: Secondary access or interior turnarounds shall be provided for parking lots of ten (10) or more parking spaces, interior turnarounds shall also be designed in accordance with the currently adopted fire code set forth in title 6 of this code.
4. Driveways and parking areas shall be designed to include paved turnaround areas to prevent the use of striped parking stalls as turning areas and drive aisles for backing movements.
5. Landscaping: Five percent (5%) of any off-street parking lot of twenty (20) or more parking spaces shall be reserved for landscaping improvements, except for parking lots and facilities not directly associated with or serving adjacent commercial or industrial development. Where landscaping is required under other provisions of the City Code, landscaped areas in parking lots shall be considered in calculating landscaping requirements. Landscape areas should be distributed throughout the project site and should contribute to the screening and softening of the off-street parking lot. Landscape materials may 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.
a. For off-street parking lots of twenty (20) or more parking spaces, provision of the required five percent (5%) of landscaping may be accompanied by a five percent (5%) reduction in the amount of required parking spaces.
b. Parking spaces which abut and overhang a sidewalk exceeding seven feet (7') in width or a landscape planter area at least six feet (6') in width may reduce space lengths from the required twenty feet (20') to eighteen feet (18').
c. Selection and installation of plant materials shall be done with the intent to screen and soften rather than conceal in order to maintain visibility for facility security. Preference shall be given to the use of low lying ground cover and shrubs and the use of trees with elevated canopies over the selection and use of densely compacted trees and shrubs.
d. Planter areas should be distributed throughout the off street parking lot and are encouraged to be used as a traffic control device to promote safe orderly vehicular and pedestrian circulation within the off street parking lot.
e. It shall be the responsibility of the owner or developer to carry out this program and to provide maintenance and care as required to obtain the effect intended by the original plan.
f. Landscaping requirements contained in this chapter are not intended to supplement or compound landscaping provisions contained in other sections of this title.
g. The City shall not be responsible for maintenance, repair or replacement of any landscaping or related materials placed or constructed within the public right-of-way pursuant to this Section. No landscaping shall be constructed within the public right-of-way without a revocable permit issued by the City following any required approval by the City Council with the exception of public rights-of-way in which the City Council has granted administrative approval authority. Revocable permits may be granted with or without conditions.
h. No obstructions to visibility at any street intersection shall be located within a sight triangle determined in accordance with American Association of State Highway And Transportation Officials (AASHTO) publication of "A Policy On Geometric Design Of Highways And Streets", including any amendments thereto.
6. Snow Storage Areas: Snow storage areas shall be provided for parking lots of twenty (20) or more parking spaces. Landscape areas may be utilized to fulfill this requirement.
7. Lighting: Off-street parking areas shall satisfy the following lighting requirements: Eighty percent (80%) of the parking lot shall have a minimum illumination level of twenty five hundredths (0.25) of a foot-candle. Levels of illumination should be distributed throughout the parking lot.
8. Trash Receptacle/Dumpster Areas: Trash receptacle/dumpster areas, enclosed by a screen wall, shall be provided for parking lots directly associated with industrial, commercial or multiple-family residential development and which contain twenty (20) or more parking spaces.
9. Parking Lot Access:
a. Access from Alley: An alley may be used for principal access to any parking lot, and for direct access to parking spaces; provided, however, that every such alley shall be dedicated full width to the public, fully improved with an all-weather, dust free surface, and properly drained to prevent impoundment of surface water.
b. Access from Street: No entrance or exit to a parking lot shall be located closer than fifteen feet (15') to any abutting residential district without prior approval from the City.
10. Surfacing, Curb and Drainage: Every parking lot and parking access shall be:
a. Properly graded to prevent impoundment of surface water;
b. Surfaced with asphaltic concrete or cement concrete at least two inches (2") thick;
c. Parking spaces shall be clearly striped;
d. Continuous six inch (6") concrete curbs or a comparable alternative shall be installed around the perimeter of the paved parking area and as protection for planted areas, islands, and walls within the parking lot area. Noncontinuous curbing may be allowed in circumstances where perimeter planted areas are part of the approved storm runoff and drainage plan.
11. Required Screen Walls: Where the interior side lot line or rear lot line of a nonresidential parking lot abuts a residential district and is not separated therefrom by an alley, a solid, continuous screen wall not less than five feet (5'), nor more than six feet (6') in height above grade, shall be installed and maintained abutting the residential district line; provided, however, that such wall shall extend no closer to the street line than the minimum required setback for residential properties in the same block.
12. Plans Required for Off-Street Parking and Loading Spaces: Site plans are required for off-street parking and loading and shall show how the required parking and loading spaces are to be located and arranged on the site. In addition, such plans shall demonstrate safe and efficient internal circulation and traffic flow and show how drives and parking lots are to be graded and drained, as well as the location and design of all screen walls, landscaping and lighting. Such plans must be reviewed and approved by the Planning and Engineering Departments.
H. Park and Ride Facilities: Park and ride facilities shall satisfy the design standards set forth in subsection G of this section, unless specifically discussed in this subsection H, as follows:
1. Location: Park and ride facilities shall be located in either Light Industrial (LI) or General Industrial (GI) zoning districts and shall be located adjacent to roadways classified as commercial/industrial collector, arterial, or principal arterial in the City of Elko Master Plan.
2. Stand Alone Use: A park and ride facility shall be a stand-alone use located on a single parcel that does not contain any other use.
3. Area Requirements: Park and ride facilities shall be located on lots with a minimum lot size of three (3) acres and not more than fifteen (15) acres.
4. Lighting: Park and ride facilities shall satisfy the following lighting requirements: Fifty percent (50%) of the parking lot shall have a minimum illumination level of twenty-five hundredths (0.25) of a foot-candle. Levels of illumination must be distributed throughout the parking lot.
5. Trash Receptacle/Dumpster Areas: Every park and ride facility must contain at least one area, enclosed by a screen wall, for the placement of trash receptacles and/or dumpsters. There must be no less than one trash receptacle for every acre of a park and ride facility. The trash receptacle areas shall be evenly placed through the park and ride facility. In addition to the foregoing, trash receptacles shall be located at each bus loading zone and at least one enclosed dumpster must be placed in a location that can be accessed from a paved surface.
6. Traffic Study: All developers of new park and ride facilities shall provide calculations in accordance with the Institute of Traffic Engineers (ITE) "Traffic Generation Manual" for the anticipated traffic load created by the park and ride facility. In the event the city determines that a proposed park and ride facility is likely to create a traffic load exceeding two thousand (2,000) vehicles per day (vpd), or if the City determines that the resulting increase in traffic from a proposed park and ride facility will likely decrease the level of service (LOS) of a roadway based on the current traffic counts on that roadway to an LOS of D or worse as determined in accordance with the "Highway Capacity Manual" and the AASHTO publication entitled "Geometric Design Of Highways And Streets", the developer of the proposed park and ride facility shall complete and submit to the city a traffic study prior to submitting plans for civil improvements. The City may take the traffic study into consideration in approving or rejecting any civil improvement plans related to the proposed development.
7. Surfacing and Drainage: Every new park and ride facility shall:
a. Be properly graded to prevent impoundment of surface water;
b. Be surfaced with compacted type II road base with a minimum thickness of six inches (6");
c. Contain parking spaces which are clearly delineated either with striping on paved surfaces or with the use of parking bumpers on unmarked areas;
d. Contain asphaltic surfacing with a minimum thickness of two inches (2") over the route leading from each entrance into the parking lot for a minimum of forty feet (40'); and
e. Contain asphaltic surfacing with a minimum thickness of two inches (2") over the route intended for the loading and unloading of commuters on and off buses (if applicable).
I. Exceptions for Certain Multi-Family Residential Developments:
1. In the case of a multi-family residential development which contains five (5) or more units proposed to be occupied by elderly persons or individuals with disabilities, the Planning Commission may grant a twenty-five percent (25%) reduction in the required off-street parking.
J. Central Business District Regulations:
1. All principal permitted uses which are situated on property located within four hundred feet (400') of the Central Business District (CBD) public parking corridor, are exempted from providing required off street parking. Residential uses shall provide required off street parking in accordance with the provisions of this chapter.
a. Residential uses in a mixed-use building with no more than four (4) residential units located within two hundred (200) feet of the Downtown Parking Corridor are exempt from the requirement to provide off-street parking. All other residential uses shall provide the required off-street parking in accordance with the provisions of this Chapter.
2. Overnight parking in conjunction with occupancy of recreational vehicles within the Central Business District (CBD) public parking corridor shall be prohibited.
3. Parking of all unlicensed or unregistered vehicles within the Central Business District (CBD) public parking corridor shall be prohibited.
4. Parking of any type of trailer that is disconnected from the pulling vehicle within the Central Business District (CBD) public parking corridor shall be prohibited unless otherwise authorized by special event or other permit.
5. Within the Central Business District (CBD) public parking corridor, parking or storage of any properly licensed vehicle shall be temporary and limited to seventy-five (72) hours, unless an exemption is authorized pursuant to a special event permit or other permit issued in advance by the City.
6. It shall be unlawful for any person, including a business, to utilize the Central Business District (CBD) public parking corridor for the purposes of storing or parking a vehicle while shuttling employees or car-pooling to or from places of employment.
7. It shall be unlawful to store, park, or idle any semis with trailers within the Central Business District (CBD) public parking corridor.
8. Police officers are authorized to remove vehicles parked in violation of this Code from the Central Business District (CBD) subject to the provisions of this section.
9. Whenever any police officer determines that a vehicle is parked in violation of this Code, such officer may cause to be moved or remove such vehicle in any manner provided by law, or require the driver or person in charge of the vehicle to move the vehicle to a location or in such a manner as to render it no longer in violation.
10. Any police officer may cause to be removed any vehicle or part of a vehicle parked in violation of this Code, or may cause such vehicle to be removed, to the nearest garage or other location for storage if:
a. The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and/or the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle; or
b. The person driving or in actual physical control of the vehicle is arrested for any alleged offense providing that the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.
11. In any prosecution charging a violation of any provision of this subsection I, proof that the particular vehicle described in the complaint was found in violation thereof, together with proof that the defendant named in the complaint or citation was at the time of such complaint or citation the registered owner, owner or party in the care or custody of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner, owner or party in the care or custody of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
12. To the extent there should exist any actual conflict with other traffic laws of the City, the provisions of this subsection J shall be controlling concerning the parking of vehicles within the Central Business District (CBD) public parking corridor.(Ord. 864, 8-24-2021)
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