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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)
A. Violations: Any structure upon which construction is started, or any structure which is altered, enlarged or repaired, or any use of land which is begun or changed after enactment of this chapter, and which is in violation of any of its provisions, may be declared a nuisance. Any court of competent jurisdiction may order such nuisance abated and the owner or agent in charge of such building or premises shall be adjudged guilty of maintaining a nuisance. Any person who violates any provision of this chapter, the owner of any structure or land or part thereof, and any person, architect, builder, contractor, plumber or agent employed in connection therewith, who has assisted knowingly in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof, be liable to the penalties herein provided.
B. Penalties: Any person violating any provisions of this chapter shall, upon conviction, be punished as provided in title 1, chapter 3 of this code. Each day that a violation is wilfully permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter. (Ord. 256, 4-11-1978)
Ordinance 78 and all amendments thereto are hereby repealed. All rights or remedies of the city are expressly saved as to any and all violations of ordinance 78 and all amendments thereto. As to all violations that have accrued to the effective date of this ordinance, the court shall have all the powers that existed prior to the effective date of this ordinance. All existing violations of ordinance 78 and all amendments thereto, which may otherwise become nonconforming uses under this ordinance, are hereby declared to be violations of this ordinance in the same manner that they were violations of ordinance 78. (Ord. 256, 4-11-1978)
A. Time Limit; Fee: Any decision of the planning commission or any other person appointed or employed by the city who is authorized to make administrative decisions regarding the use of land, may be appealed in writing to the city council by any person aggrieved by such a decision. All appeals shall be filed, in writing specifying with particularity the grounds for appeal, with the city clerk no later than ten (10) calendar days after the decision. Appeals shall include payment of a filing fee in an amount established by resolution of the city council and a statement therein of the reasons why the decision should be amended, modified or reversed. All appeals, once filed, may not be withdrawn from consideration and decision by the city council. The city council shall hear and render a decision on any properly made appeal within sixty (60) calendar days after the city clerk has received the written appeal.
B. Hearing:
1. On appeals of planning commission decisions granting or denying conditional use permits or variances, the city council shall hold a public hearing prior to rendering any decision. After the time and place for the public hearing has been established by the city clerk, notice of the hearing shall be sent by mail at least ten (10) calendar days before the hearing to the appellant, applicant, property owner, property owners located within three hundred feet (300') of the exterior boundaries of the property involved, and any person who presented oral or written testimony, if any, before the planning commission. Said hearing notice shall also be published one time in a newspaper of general circulation at least ten (10) calendar days before the hearing.
2. On appeals of all other decisions regarding the use of land, the city clerk shall give notice of the time and place of the hearing by mailing a notice of hearing at least ten (10) calendar days prior to the hearing to the appellant, applicant, property owner, and any other person who presented oral or written testimony.
3. The procedures pursuant to which the city council will hear an appeal are as follows:
a. The appellant shall be first to provide comment and present the grounds for appeal.
b. Other persons shall be given an opportunity to speak and provide comment.
c. The city may respond to appellant's appeal, after which appellant may present any rebuttal argument or evidence.
d. Appellant and the city are entitled to be represented by counsel, present testimony, evidence and argument on all issues raised on appeal.
e. The city council may, if it appears helpful to a clear understanding of the issues, consider evidence or other matters not raised at the planning commission level or with the administrative officer.
C. Conduct Of Hearing; Decision: The city council shall consider all evidence presented to the planning commission or administrative officer at the original hearing, including oral and written testimony, and any recommendations and findings of the planning commission or administrative officer as shown by the official record, and may affirm, modify or reverse the decision of the planning commission or administrative officer. In reviewing a decision on an appeal, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in Nevada Revised Statutes section 278.020. Decisions of the city council shall be considered the final decision for the purpose of judicial review.
D. Judicial Review: Any person who:
1. Has appealed a decision to the city council in accordance with this section; and
2. Is aggrieved by the decision of the city council, may appeal that decision to the fourth judicial district court, in and for the county of Elko, state of Nevada, by filing a petition for judicial review within twenty five (25) days after the date of filing of notice of decision with the city clerk. (Ord. 577, 12-11-2001)
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