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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)
The planning commission shall hear and decide variances from regulations and requirements and all matters referred to it or properly of concern in the administration of this chapter. All actions of the planning commission shall be limited to administrative actions only in order to ensure the intent and purpose of this chapter shall apply in special cases as herein defined. Any action that has in effect changed the uses or overall density permitted in any zoning district of this chapter shall be deemed a violation of their powers and be of no force and effect; however, the planning commission may recommend to the city council that an amendment of this chapter be considered, in accordance with procedures specified in this chapter for amendments. (Ord. 256, 4-11-1978)
A. City Planner, Powers And Duties: The city planner shall submit to the planning commission a written report of his findings on each application for variance.
B. Procedure: Any person requesting a variance by the planning commission shall include:
1. The provision or regulations of this chapter from which the property or building is sought to be excepted.
2. A legal description of the property involved.
3. Plot plans showing the location of all existing and proposed buildings.
4. Elevations of all proposed buildings or alterations in sufficient detail to meet the requirements of the planning commission.
5. Evidence of the ability and intent of the applicant to proceed with actual construction in accordance with submitted plans within one year of the date of approval of the variance.
6. Filing fees shall be deposited in accordance with procedures adopted by the city.
C. Application Requirements: Each such application shall be signed by the owner of the land and/or buildings affected by, or by his acknowledged agent. In order for the planning commission to grant a variance, adequate evidence demonstrating conformance to the following criteria shall be presented by the applicant:
1. There are special circumstances or features, i.e., unusual shape, configuration, exceptional topographic conditions or other extraordinary situations or conditions applying to the property under consideration.
2. The special circumstance or extraordinary situation or condition results in exceptional practical difficulties or exceptional undue hardships, and where the strict application of the provision or requirement constitutes an abridgment of property right and deprives the property owner of reasonable use of property.
3. Such special circumstances or conditions do not apply generally to other properties in the same zoning district.
4. The granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public interest, health, safety and general welfare.
5. The granting of the variance will not substantially impair the intent or purpose of the zoning ordinance or effect a change of land use or zoning classification.
6. The granting of the variance will not substantially impair affected natural resources. (Ord. 474, 8-13-1996)
D. Hearing:
1. Notice: Upon the filing of an application, the city staff shall set the matter, not later than thirty five (35) days thereafter, for a public hearing. After the time and place have been established by the city staff, the city shall send, by mail, notice of such time and place and purpose of hearing, at least ten (10) days before the hearing to the owners of property within three hundred feet (300') of the exterior limits of the property involved, as shown by the latest assessment rolls 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 on the variance. 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. The planning commission shall comply with Nevada Revised Statutes chapter 241 "notice requirements" in calling the meeting. (Ord. 367, 10-14-1986)
2. Evidence: The planning commission shall hear and consider evidence and facts from any person at the public hearing, or shall consider written communications from any person relative to the variance. The right to present such evidence shall not be denied because of nonrequirements of notification as herein stipulated. (Ord. 362, 4-9-1985)
E. Findings: The planning commission shall, within thirty (30) days from the date of the hearing, return a decision. Any decision of the planning commission to grant a variance shall adhere to variance criteria as set forth in subsection C of this section. Whenever the planning commission denies a variance, written notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application. Failure to render such a decision shall be deemed approval of the application. (Ord. 474, 8-13-1996)
F. Conditions: The planning commission, in approving any variance, may require conditions under which the lot or parcel may be used or the buildings constructed, which in the planning commission's opinion will prevent material damage or prejudice to adjacent properties. Any such conditions as required must be complied with and violation of the same shall result in revocation of the permission granted by variance. Further use shall constitute a violation of this chapter and shall be punishable as herein provided. All variances shall carry the following conditions: (Ord. 256, 4-44-1978)
1. Commencement within one year and completion within eighteen (18) months. (Ord. 474, 8-13-1996)
2. Conformance to plans approved as a part of the variance.
3. Subject to review in two (2) years if determined necessary by the planning commission.
G. Rehearing: Not later than five (5) days after the planning commission renders its decisions, the applicant, or any person who was notified at the hearing or who appeared and testified or presented written testimony at the original public hearing, may apply for rehearing. As a basis for the request for rehearing, such petition shall set forth in detail new facts or conditions not previously known or considered. Applications for a rehearing shall be accompanied by a fee prior to rehearing. Said fee shall be set by the city council.
H. Appeal: The applicant or any person or entity with standing shall have a right to appeal any decision made by the planning commission, in regard to an application for a variance, to the city council as set forth in section 3-2-25 of this chapter. (Ord. 256, 4-11-1978)
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