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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)
It is the intent of this section to provide for the issuance of conditional use permits to allow for the specialized use within zoning districts of certain normal and complementary uses to that of the principal use of the zoning district.
A. General Regulations:
1. Certain uses of land within designated zoning districts shall be permitted as principal uses only upon issuance of a conditional use permit. Subject to the requirements of this chapter, other applicable chapters, and where applicable to additional standards established by the Planning Commission, or the City Council, a conditional use permit for such uses may be issued.
2. Any building, structure or use existing on the effective date of this chapter for the zoning district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by the zoning district, and its continuance shall not be subject to issuance of a conditional use permit; however, to the extent that such use fails to conform to the requirements of the zoning district, it shall be considered nonconforming and its continuance shall be governed by all nonconforming use regulations applicable thereto.
3. Conditional use permits for development or for the extension, enlargement or change of a nonconforming use or which are otherwise required under the terms of this chapter shall be transferable and shall run with the land upon the issuance of an occupancy permit signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied. The maintenance of special conditions imposed by the permits, as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner.
4. Every conditional use permit issued, including a permit for a mobile home park, shall automatically lapse and be of no effect one (1) year from the date of its issue unless the permit holder is actively engaged in developing the specific property to the use for which the permit was issued.
5. Every conditional use permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. However, the Planning Commission may approve the transfer of the conditional use permit to another owner. Upon issuance of an occupancy permit for the conditional use, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the conditional use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance or special conditions imposed by the permit, as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner.
6. Conditional use permits shall be reviewed from time to time by City personnel. Conditional use permits may be formally reviewed by the Planning Commission. In the event that any or all of the conditions of the permit or this chapter are not adhered to, the conditional use permit will be subject to revocation.
B. Conditional Use Permit Application Filing: Application for a conditional use permit shall be filed with the City Planning Department by the owner or lessee of the proposed building, structure or use, on forms furnished for the purpose; provided, however, that the owner must "approve" lessee's application. A filing fee shall be paid by the applicant to defray the costs for reviewing and reporting of the facts, in accordance with a fee schedule maintained by the City.
C. Conditional Use Permit Application Filing: The application shall be full and complete and shall be accompanied by a detailed site plan showing all information necessary to demonstrate that the proposed use will comply with special conditions as well as other regulations and requirements of this chapter. If the property is developed, the application shall include a site plan prepared by a properly licensed surveyor depicting the proposed conditional use permit site, drawn to scale and showing property lines, existing and proposed buildings, building setbacks, distances between buildings, parking and loading areas, driveways and other information needed to demonstrate that the proposed use will be compliant with this Code. If the property is not developed, the application shall include a site plan provided by a properly licensed design professional, drawn to scale and showing property lines, proposed buildings, building setbacks, parking and loading areas, driveways and other information needed to demonstrate that the proposed use will be compliant with this Code. In addition the applicant shall furnish the Planning Commission any additional information it may consider relevant to its investigation of the application.
D. Planning Commission Review And Investigation: The Planning Commission shall review the application and supporting data, and make such site inspections and other investigations as it deems necessary.
E. Planning Commission Findings And Actions: It is the express intent of this chapter that any use for which a conditional use permit is required shall be permitted as a principal use in the particular zoning district; provided, that all special conditions and requirements of this chapter are met. Therefore, the action of the Planning Commission shall be one of recommending approval or denial based upon its judgment as to whether the specific conditions have been or will be met. The Planning Commission may consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Planning Commission may make such suggestions it considers desirable and may provide guidance to the applicant in his preparation of application, plans, and data in such a manner as to satisfy the intent of this section. The Planning Commission shall make the final determination on the conditional use permits, subject to the right of appeal as set forth in section 3-2-25 of this chapter.
1. If the Planning Commission approves the application, it shall issue a conditional use permit setting forth all conditions and requirements governing such use, and shall make the approved site plan a part of the record of the case. Failure of the applicant to comply with the conditions and safeguards which are a part of the terms under which a conditional use permit is granted shall be deemed a violation of this chapter, and grounds for revocation of the conditional use permit.
2. If the Planning Commission finds that the application and supporting data does not indicate that all applicable conditions and requirements for a conditional use permit will be met, it shall deny the permit. Notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application.
3. At any time following receipt of notice of denial of application for conditional use permit, the applicant shall have the privilege of reactivating the case by making such modifications of proposal or plans or submitting such additional information, as the Planning Commission may have determined was required for approval, or shall have the right to appeal to the City Council as set forth in section 3-2-25 of this chapter.
F. Public Hearing Required: The Planning Commission shall first hold a public hearing prior to approval or denial of a conditional use permit other than a home occupation permit. Upon the filing of an application for a conditional use permit other than a home occupation, the City staff shall set the matter for hearing not later than thirty five (35) days thereafter. After the time and place have been established by the City staff, notice of the hearing shall be sent by mail at least ten (10) days before the hearing to the owners of the property within three hundred feet (300') of the exterior limits of the property involved as shown by the latest assessment roles of the City. Notice by mail to the last known address of the real property owners as shown by the Assessor's records shall be sufficient. Applications must be filed at least twenty (20) days before the Planning Commission hearing. Legal notice shall be placed in a newspaper of general circulation within the City at least ten (10) days prior to the date of the public hearing.
G. Conditional Use Permit For Home Occupation:
1. Every conditional use permit issued for a home occupation shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. Conditional use permits for home occupations are not transferable, do not run with the land, and must satisfy all other applicable requirements set forth in this Code.
2. All applications and application fees for home occupation conditional use permits, as established by resolution of the City Council, shall be filed with the Planning Department and reviewed to determine conformance with the criteria as set forth in subsection G3 of this section.
a. The City Planner or a duly authorized representative shall make a determination on the application no later than ten (10) days after receipt of a complete application.
b. All decisions of an application for home occupation shall be attested by the City Clerk, or a duly authorized representative. Any denial of an application by the City Planner or duly authorized representative shall include in writing the reason for such denial.
c. The decision to grant or deny a home occupation permit may be appealed by the applicant to the City Manager. A written appeal shall be filed with the City Clerk within ten (10) days of the date of the ruling. The City Manager shall make a determination on the appeal no later than ten (10) days after filing of the written appeal.
d. The decision of the City Manager may be further appealed to the City Council. A written appeal shall be filed with the City Clerk within ten (10) days of the ruling of the City Manager to the City Council for a final ruling. In the event of such an appeal, the notice requirements and procedures set forth in section 3-2-25 of this chapter shall be followed.
e. The City Council shall hear and consider evidence and form facts from any persons and shall consider written communications from any persons relative to the home occupation request. The City Council shall make a decision on the application after hearing all evidence and facts presented.
3. Permits issued for home occupation shall adhere to the following criteria:
a. Not more than one (1) home occupation is allowed in any dwelling unit.
b. The permitted use shall be confined to the dwelling unit and shall not include areas outside the dwelling unit, such as yards or accessory structures.
c. Only natural persons who are occupants of the permitted dwelling unit may be permittees; provided, nothing herein shall prevent a permittee from being affiliated with a business association or other entity that is not a natural person in connection with the home occupation.
d. No employee, other than the permittee or other occupants of the permitted dwelling unit, shall be permitted to report to work or perform work related to the home occupation in the permitted dwelling unit.
e. Permittees shall not allow more than five (5) customers or other business invitees to enter the permitted dwelling unit to examine or purchase goods or services on any single day. The foregoing prohibition applies to promotional events and business related parties at the permitted dwelling unit. The foregoing prohibition does not apply to or limit transaction conducted by telephone or over the internet.
f. No forms of advertising related to the home occupation may be placed on the exterior of the dwelling unit or in a location visible from a public street, sidewalk or alley. This prohibition includes, without limitation, yard signs or signs visible from windows.
g. No addition, alteration or remodeling that changes the residential character of the dwelling unit shall be permitted in connection with a home occupation.
h. The home occupation shall not generate additional vehicular traffic at the or in the vicinity of the permitted dwelling unit that is measurably in excess of that normally associated with the residential use.
i. No home occupation which produces noise, odors, dust, smoke or electrical disturbances or in any way interferes with the quiet, peace, and enjoyment of surrounding residential uses shall be permitted.
j. The appearance of the property upon which the home occupation is permitted shall be maintained in a clean and orderly manner.
k. There shall be no commercial delivery of products or materials to or from the property upon which the home occupancy is permitted more than once every two (2) days or through the use of vehicles with three (3) or more axles.
l. A permittee may park or use no more than one (1) motor vehicle in connection with a home occupation on the property subject to the conditional use permit; provided, in no event shall the permittee utilize on-street parking for the aforementioned motor vehicle; further provided, the permittee must comply with all off-street parking requirements as set forth in section 3-2-17 of this chapter. The foregoing parking restrictions do not limit permitted nonconforming uses allowed under section 3-2-19 of this chapter.
4. Home occupation permits may be periodically reviewed at the discretion of the City Planner or its designee in order to ensure compliance with the terms and conditions of the home occupation permit and the provisions of this section. In the event a permittee violates the terms and conditions of the home occupation permit or the provisions of this section, the City Planner or its designee may suspend or revoke the permit. The decision of the City Planner or its designee may thereafter be appealed to the City Council. The notice requirements and procedures set forth in section 3-2-25 of this chapter apply to and shall be followed for an appeal of a decision by the City Planner or its designee to suspend or revoke a home occupation permit. (Ord. 818, 4-25-2017)
A. Permitted: A use lawfully existing on the effective date of enactment of this chapter or any amendment to this chapter, but which is not in accordance with the provisions and requirements currently contained in this chapter, shall be known as a nonconforming use and, if not abandoned, may be allowed to continue; provided, however, that such nonconforming uses may not be extended, enlarged or changed to other nonconforming uses, except by variance or conditional use permit.
B. Uses Included: A nonconforming use is a property use which existed lawfully on the effective date of the enactment of this chapter or any amendment to this chapter, but which is no longer in accordance with the provisions and requirements contained in this chapter, and has been continued and not abandoned since becoming inconsistent with the requirements of this chapter. Nonconforming uses are not limited to, but may include and consist of the following:
A nonconforming use of property, such as any commercial, industrial or residential use not listed as a principal, permitted use within the existing underlying zoning district; nonconforming structures or buildings such as any building or structure that is noncompliant with area, height or setback requirements of the existing underlying zoning district; and nonconforming development standards, such as noncompliant off street parking, including:
1. Quantity of spaces;
2. Paving;
3. Security lighting; and
4. Landscaping.
C. Nuisance Declared: It shall be unlawful for any person to continue a nonconforming use of any kind in any zoning district established by this chapter more than one (1) year after its passage when such nonconforming use has been declared to constitute a nuisance or to be detrimental to public health, safety or welfare by a majority vote of the City Council. The City Council shall have written notice served on the person last known to be the owner of the property on which such nonconforming use exists or which constitutes a nonconforming use. The written notice shall order the nonconforming use to be discontinued within one (1) year thereafter. If the owner does not reside in the City at the time, the notice may be mailed to the person by registered mail at the last known address. This subsection shall not be construed as limiting the right of the City of any person to abate a nuisance under any existing laws or ordinances.
D. Abandonment or Discontinuance: A nonconforming use of a building or land which is operationally abandoned or discontinued for a period of twelve (12) consecutive months or more shall be considered abandoned and shall not be resumed. Nonconforming buildings which have been damaged or destroyed by natural calamity may be repaired or reconstructed within one (1) year from the date of damage, so long as the repaired building is appropriate for the previous use. In considering whether a use is abandoned, the City may consider one or any combination of the following factors:
a. Failure to maintain regular business hours that are typical or normal for the use;
b. Failure to maintain equipment, supplies or stock-in-trade that would typically be present in the building or on the land for the active operation of the use;
c. Failure to maintain utilities that would typically be required for the active operation of the use;
d. Failure to pay taxes, including but not limited to sales tax, workers' compensation taxes or business taxes that would be required for the active operation of the use;
e. Failure to maintain required local, state or federal licenses or other approvals, to include business licenses, that would be required for the active operation of the use; and/or
f. Other indicia of abandonment, such as the presence of a nuisance. (Ord. 861, 5-25-2021)
The provisions of this chapter shall be enforced by the building inspector as the City Council so direct.
A. Duties Of Building Inspector: The building inspector shall:
1. Receive and examine applications for and issue zoning compliance certificates and occupancy permits;
2. Make such inspections of buildings, structures and premises as are necessary to enforce the provisions of this chapter;
3. Revoke any zoning compliance certificate or occupancy permit wherein he may have erroneously authorized a use not permitted in the district or a structure which does not meet the regulations of this chapter, whereupon such permit shall be void; and
4. Carry out the orders of the city council and/or the planning commission issued in accordance with the provisions of this chapter.
5. Under no circumstances shall the building inspector:
a. Grant exceptions to the actual meaning of any clause, order or regulation contained in this chapter;
b. Make changes in or vary the terms of this chapter.
B. Zoning Compliance Certificates Required: It shall be unlawful to commence any excavation for, or erection, alteration, enlargement, extension or moving of, any building or structure, or part thereof, or to change or extend the use of any lot, or to change the use or type of occupancy of any building or structure, except as may be provided elsewhere in this chapter until a zoning compliance certificate for such action has been issued by the building inspector. It shall also be unlawful to change the type of use on any lot on which there is a nonconforming use, until the building inspector has issued a zoning compliance certificate for such intended use. Accessory buildings or structures, when proposed for erection at the same time as the principal building and included on the application therefor, shall not require a separate certificate. No zoning compliance certificate shall be issued except in conformity to the provisions of this chapter, and by written order of the city council.
1. Applications:
a. Applications for zoning compliance certificates shall be filed with the building inspector on forms provided for the purpose. In cases where a building permit is also required by the city building code, application for a zoning compliance certificate shall be made coincidentally with application for building permit. In all other cases, it shall be made prior to the date when a new or enlarged use of a building or premises, or part thereof, is intended to begin.
b. When the building inspector receives an application for a zoning compliance certificate for a use which requires a permit from the city council, such application, together with all supporting data, shall be transmitted by the building inspector to the planning board and the city council.
c. When the building inspector receives an application for a zoning compliance certificate for a use which required a conditional use permit, or for which site plan approval by the planning commission is required, such application shall be transmitted to the planning commission and a zoning compliance certificate shall not be issued by the building inspector until the planning commission and the city council have approved the site plans.
2. Site Plan Required: Application for zoning compliance certificates shall be accompanied by site plans, which shall be filed in the building inspector's office, showing the following and any such additional information as may be required to assure conformity of the proposed building, structure or use to the provisions of this chapter:
a. Legal description of the property by township, range and section coordinates, and by metes and bounds, or if the property is a part of a recorded plat, by name, book and page number of plat and lot number or parcel designation;
b. Name, address and telephone number of the property owner of the person who prepared the site plan;
c. Dimensions of all lot and property lines showing the relationship of the property to abutting properties; boundaries of all lots or parcels under separate ownership contained therein, or abutting thereon;
d. Precise location, dimensions, height and use of all buildings and structures existing on the property;
e. Location, alignment and right of way width of all streets, alleys and utility easements existing in or abutting the property;
f. Location and dimensions and number of spaces contained in all existing and proposed off street parking lots and loading areas;
g. Location, right of way width and alignment of all proposed public streets, alleys and utility easements in or abutting the site, and location and width of all access drives to the property from public streets;
h. Precise location, size and height of all buildings and structures proposed to be erected or altered;
i. Proposed uses of buildings, structures and land, including the number of dwelling units, amount of usable floor area, etc.; and
j. Any additional information required to show how all special regulations pertaining to the proposed use are to be met.
3. Site Plans For Part Of Complex: In the case of an application for a zoning compliance certificate for any part of a building complex or use of land, which complex or use is proposed to be completed at a later date, a preliminary site plan drawn to scale for the entire complex or use shall be submitted for approval in addition to and at the same time as the submission of detailed site plans required above. Such preliminary site plans shall show how the part for which a zoning compliance certificate is sought will be related to the part(s) to be constructed at a later date.
4. Site Plan Review And Approval: All site plans, except those submitted as part of an application for a conditional use permit, a special use permit, a temporary use permit, or indicated as requiring planning commission approval, shall require review and approval by the building inspector prior to issuance of a zoning compliance certificate. If site plans are found to be deficient or require modification in any respect to meet the requirements of this chapter, the building inspector shall call in the applicant and/or the person preparing the plan for clarification of site plan requirements and regulations pertaining to the particular use.
5. Issuance Of Zoning Compliance Certificates:
a. If review of the application and site plan indicates that the proposed use will meet all requirements and comply with all regulations pertaining thereto, the building inspector shall, within ten (10) days after receipt of the application, issue a zoning compliance certificate to the applicant.
b. If, in the opinion of the building inspector, the proposed use will not meet all requirements and comply with all regulations pertaining thereto, he shall within ten (10) days after receipt of the application, refuse to issue a zoning compliance certificate. When a certificate is refused, the building inspector shall so inform the applicant in writing stating his reasons for refusal, and shall retain a copy of the action in his files.
c. The building inspector shall return one copy of submitted site plans to the applicant marked either "approved" or "disapproved" and attested by his signature. The second copy of plans, similarly marked and signed, shall be retained in the files of the building inspector.
d. A zoning compliance certificate shall remain in force until the building, structure or use has been completed and an occupancy permit has been issued therefor. All buildings must be completed within two (2) years from the date of issuance of the occupancy permit.
6. Site Plan Revisions: From time to time, before or during the course of construction, the person holding a zoning compliance certificate may request and the building inspector may approve minor revisions of an approved site plan; provided, however, that such revisions shall not propose any change in standards nor reduce the degree of compliance with any requirements of this chapter. All such revisions shall be approved in writing by the building inspector and a complete record of such action shall be filed in his office.
C. Occupancy Permits: It shall be unlawful to use or occupy, or permit the use or occupancy of, any building or structure, or any change or extension of a use of land, unless and until an occupancy permit has been issued therefor by the building inspector.
1. Issuance Of Occupancy Permits: Within five (5) regular workdays after receipt of notice that the building, structure or premises, or part thereof, has been completed and is ready for use of occupancy, the building inspector shall make a final inspection thereof to determine whether construction has been completed in conformity with provisions of this chapter. If he finds construction in conformity, he shall issue an occupancy permit to the owner of the building, structure or premises.
2. Temporary Occupancy Permits: The building inspector may issue a temporary occupancy permit for a part of a building, structure or use prior to completion of the entire building, structure or use; provided, that such part has been completed in conformity with all provisions of this chapter and is considered safe and suitable for use or occupancy. Such temporary occupancy permit shall then remain in force until the entire building, structure or use has been completed and inspected, and an occupancy permit has been issued therefor. (Ord. 256, 4-11-1978; amd. Ord. 274, 5-22-1979)
The city council may change the boundaries of any zoning district by ordinance. The change may be initiated by the city council or the planning commission on the motion of either body, or by application by one or more owners of real property within the area proposed to be changed.
A. Application for Change of District Boundaries:
1. An application for a change of district boundaries submitted by an owner of real property within the area proposed to be changed shall be filed with the planning department on a form provided for that purpose. Any such for shall be rejected if not complete. The application shall contain the following information: a map of the area depicting the area to be changed with a statement of the proposed zone change, as follows: area to be change from “x” to “y”; (LI to R, for example); a plot plan depicting existing conditions that have been surveyed by a properly licensed surveyor, to include: property lines, existing buildings, building setbacks, distances between buildings, parking and loading areas, driveways and other existing construction or improvements on the subject property; a complete legal description of the boundary, including area to the center line of the street(s), of the proposed zone change and a statement of the existing and proposed zoning of the property, including a brief summary of the intent of the proposed zone change.
2. If the property to be rezoned is adjacent to a public right-of-way, the proposed zone change must go to the center of the corresponding right-of-way.
3. Except as provided below, at the time the application is filed, the applicant shall pay a filing fee in an amount established by resolution of the city council.
4. No part of the filing fee shall be refunded once paid.
5. Notwithstanding the above, no filing fee shall be required if the applicant is a governmental entity.
B. Planning Commission Stage:
1. Notice of Hearing:
a. The City Council or, is authorized by the City Council, the planning commission or planning department, shall set a date for a public hearing on any application to change district boundaries within forty-five (45) calendar days of the date the application is filed. In addition to any applicable notice requirements contained in Chapter 241 of the Nevada Revised Statutes, notice of the time, date and place of the hearing shall be published at least once in a newspaper of general circulation in the city at least ten (10) calendar days prior to the hearing date. The notice shall include a legal description and a physical description or map of the property proposed to be rezoned, and a statement of the existing and proposed zoning of the property, including a brief summary of the proposed zone change.
b. In addition to publication of the notice of the hearing, a notice shall be sent by mail at least ten (10) calendar days before the hearing to the following:
(1) The applicant;
(2) Each property owner, as listed on the county assessor's records, of real property located within three hundred feet (300') of the exterior boundary of the property being considered for the zone change;
(3) The owners, as listed on the county assessor's records, of at least thirty (30) parcels nearest to the exterior boundary of the property being considered for the zone change;
(4) Each tenant of a mobile home park if the park is located within three hundred feet (300') of the exterior boundary of the property being considered for the zone change; and
(5) Any advisory board which has been established by the city council for the affected area or any area within three hundred feet (300') of the exterior boundary of the property being considered for the zone change.
2. Hearing Before the Planning Commission: At the public hearing on the application, the planning commission shall review the proposed change to the district boundaries and shall hear evidence offered by the applicant and persons having an interest in the change, if any.
3. Planning Commission Action: After the conclusion of the public hearing on the application but prior to consideration by the city council, the planning commission shall file a written report with the city council recommending either that the application should be granted as requested, granted subject to conditions, or denied. The planning commission's written report shall be transmitted to the city clerk and a copy mailed to the applicant. Failure by the planning commission to file a report with the city council in accordance with this subsection shall be deemed a recommendation by the planning commission to grant the application without conditions.
C. City Council Stage:
1. Adoption of Zone Change by Ordinance: All changes to zoning district boundaries shall be made by ordinance.
2. First Reading: After the city council receives the planning commission's recommendation on the application, a date shall be set for a first reading of the proposed ordinance to change the zoning district boundaries. At the first reading, the city council shall consider the planning commission’s recommendation, and shall hear comments from the applicant (if any) and any persons in interested in the proposed zone change. The first reading shall comply with Section 2.110(1) of the City Charter. At the first reading, the city council may approve or reject the planning commission’s recommendation in whole or in part. The city council may also take any of the following actions:
a. Approve the proposed zoning ordinance;
b. Place conditions on the proposed zoning ordinance;
c. Modify the proposed zoning ordinance; or
d. Disapprove the proposed zoning ordinance in its entirety.
3. Second Reading:
a. If the city council approves any or all of the proposed zoning ordinance at the first reading, with or without modifications or conditions, the proposed ordinance shall proceed to a second reading. The second reading shall be a public hearing that satisfies the requirements of NRS 278.260, including notice requirements, and that complies with Section 2.110(2) of the City Charter.
b. At the conclusion of the second reading, the city council shall either approve the zoning ordinance as approved at the first reading (subject to minor technical or nonsubstantive revisions, or the removal of conditions that have been satisfied) or shall disapprove the zoning ordinance in its entirety.
c. The failure of an applicant for a zoning change to satisfy conditions imposed by the city council in the proposed ordinance adopted at the first reading may be grounds for disapproval at the second reading.
d. The city council may enact a zoning ordinance even if the applicant has not satisfied conditions in the proposed zoning ordinance adopted at the first reading. Alternatively, the city council may table the second reading to the next meeting, and to subsequent meetings thereafter, for the purpose of allowing an applicant to satisfy conditions.
e. The city council may rescind approval of any zoning change for any reason permitted by law, to include the failure of an applicant to satisfy conditions bearing a substantial relationship to the future use of the land, so long as no person has acquired a vested right in reliance on the zoning change; provided, any such rescission shall promote the public health, safety, morals or general welfare, and shall encourage the most appropriate use of the land.
4. Limitation on Reconsideration of Denied Application: In the event an application to change district boudaries is denied by the city council, the city council shall not reconsider an application to change the same district boundaries, or any part thereof, within a period of one (1) year from the date of the city council’s decision. (Ord. 861, 5-25-2021)
The city council may amend Title 3, Chapter 2 of the Elko City Code (hereinafter the "zoning regulations" by ordinance, subject to the provisions of this section. The amendment may be initiated by the city council or the planning commission on the motion of either body. If the proposed amendment is initiated by the planning commission, the planning commission shall file a written report with the city council containing a description of the proposed amendment and the reasons therefor. If the proposed amendment is initiated by the city council, the proposed amendment shall be presented to the planning commission, which shall then provide a recommendation to the city council. The city council may thereafter amend the zoning regulations by ordinance in accordance with Sections 2.090, 2.100 and 2.110 of the Elko City Charter. (Ord. 861, 5-25-2021)
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