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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 All appeals, once filed, may not be withdrawn from consideration and decision by the city council.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)
A. Intent: This section applies only to developments of five (5) acres or more in the aggregate or residential subdivisions with twenty five (25) or more lots. The purpose of this section is to provide a mechanism for the development of land which permits the developer to rely on existing city code provisions and obtain limited deviation from city code requirements, while ensuring that the city will receive certain commitments from developers consistent with the overall intent of the applicable zoning codes.
B. Application: Upon application of any person having a legal or equitable interest in land, the city may enter into an agreement with that person concerning the development of that land.
1. Applications to enter into agreements concerning the development of land must be filed with the city clerk. Applications shall be filed on a form provided for such purpose and shall be complete.
2. Applications shall include payment of a filing fee in an amount established by a schedule adopted by resolution of the city council and filed in the office of the city clerk.
C. Content And Form Of Agreements: At a minimum, agreements concerning the development of land shall include the following:
1. A description of the land which is the subject of the agreement.
2. The duration of the agreement.
3. The permitted uses of the land.
4. The density or intensity of use of the land.
5. The maximum height and size of proposed buildings.
6. Any provisions for the dedication of any portion of the land for public use.
7. Provide for a period of time within which construction must commence and provide for an extension of that deadline.
D. Commitments And Safeguards: The following commitments and safeguards shall apply to any agreement concerning the development of land:
1. Unless the agreement otherwise provides, or permits or requires a deviation from an otherwise applicable city code requirement, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.
2. Entering into an agreement concerning the development of land does not prohibit the city from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made. However, any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.
3. An agreement may include provisions which supersede limitations on time for action on tentative or final maps or for presentation and recordation of a final map or series of final maps.
E. Procedure: Consideration of an agreement concerning the development of land by the planning commission:
1. The planning commission shall set a date for public hearing of the application to enter into an agreement concerning the development of land. Such public hearing shall be held after a public notice of time, date and place of such hearing has been given in accordance with any requirements of Nevada Revised Statutes. Such notice shall include a legal description of the land which is the subject of the agreement, a statement of existing zoning and current use of the property, and a general description of the proposed content of the agreement.
2. Within forty (40) days after the conclusion of the public hearing, the planning commission shall file a written report containing the commission's recommendation to the city council, which shall include a finding of conformance or nonconformance with the master plan.
3. Upon receipt of the planning commission's recommendation to the city council, the council shall set a date for public hearing of the matter concerning the agreement for the consideration of the city council, subject to the same notice requirements contained within this section.
4. At the conclusion of the public hearing, or within thirty (30) days thereafter, the city council may, if it finds that the provisions of the agreement are consistent with the master plan, approve the agreement by ordinance.
5. Within a reasonable time after approval of the agreement, the city clerk shall cause the original agreement and a certified copy of the local ordinance adopting the agreement to be filed with the county recorder for record. Upon recordation, the agreement binds all parties and their successors in interest for the duration of the agreement.
F. Amendment Or Cancellation:
1. The agreement for development of land may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest, except that if the governing body determines, upon a review of the development of the land held at least once every twenty four (24) months, that the terms or conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.
2. Notice of intention to amend or cancel any portion of the agreement shall be subject to any notice requirements required by Nevada Revised Statutes. The governing body, after conducting a public hearing, may approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. The original of the amendment must be filed for recording with the county recorder. (Ord. 753, 7-10-2012)
A. Conditional Use Permit Required: Operation of a facility where an explosive, or other similar substances listed in Nevada Revised Statutes section 459.3816 will be used, manufactured, processed, transferred or stored, shall first obtain a conditional use permit therefor from the city council.
B. Application; Hearing: An application for a conditional use permit must be filed with the planning commission. The planning commission shall, within ninety (90) days after the filing of an application, hold a public hearing to consider the application.
C. Notice Requirements:
1. The planning commission shall, at least thirty (30) days before the date of the hearing, cause notice of the time, date, place and purpose of the hearing to be sent by mail to or, if requested by a party to whom notice must be provided pursuant to this subsection, by electronic means if receipt of such an electronic notice can be verified, to:
a. The applicant;
b. Each owner or tenant of real property located within one thousand feet (1,000') of the property in question;
c. The property owner, as listed on the county assessor's records, of each of the thirty (30) separately owned parcels nearest the exterior boundary of the property in question, to the extent this notice does not duplicate the notice given pursuant to subsection C1b of this section;
d. If a mobile home park or multiple-unit residence is located within one thousand feet (1,000') of the property in question, each tenant of that mobile home park or multiple-unit residence;
e. Any advisory board that has been established for the affected area by the governing body;
f. The administrator of the division of environmental protection of the state department of conservation and natural resources;
g. The state fire marshal; and
h. The administrator of the division of industrial relations of the department of business and industry; and
2. The notice required by subsection C1 of this section must:
a. Be written in language that is easy to understand;
b. Include a physical description or map of the property in question and a description of all explosives, and all substances that will be located at the facility; and
c. Be published in a newspaper of general circulation within the city or county in which the property in question is located.
D. Consideration By Planning Commission:
1. In considering the application, the planning commission shall consult with:
a. Local emergency planning committees, if any;
b. The administrator of the division of environmental protection of the state department of conservation and natural resources;
c. The state fire marshal;
d. The administrator of the division of industrial relations of the department of business and industry; and
e. The governing body of any other city or county that may be affected by the operation of the facility; and
2. The planning commission shall consider fully the effect the facility will have on the health and safety of the residents of the city, county or region.
E. Recommendation: The planning commission shall, within a reasonable time after the public hearing, submit to the governing body its recommendations for any actions to be taken on the application. If the planning commission recommends that a conditional use permit be granted to the applicant, it shall include in its recommendations such terms and conditions for the operation of the facility as it deems necessary for the protection of the health and safety of the residents of the city, county or region.
F. Hearing; Decision: The governing body shall, within thirty (30) days after the receipt of the recommendations of the planning commission, hold a public hearing to consider the application. The governing body shall:
1. Cause notice of the hearing to be given in the manner prescribed by subsection C of this section; and
2. Grant or deny the conditional use permit within thirty (30) days after the public hearing. (Ord. 577, 12-11-2001)
A. Purpose: It is the intent of this section to recognize that certain areas of the city are characterized by steep terrain, native vegetation, natural drainage courses and other physical features, and to establish standards of development for these areas that help to protect the public health, safety and welfare by minimizing potential for erosion, sedimentation, flooding and landslides, while at the same time protecting and enhancing the visual quality of the city's natural landscape. Specific regulations and guidelines are intended to address the following:
1. To protect the public and property from hazards and problems associated with storm water runoff, flooding and erosion.
2. To minimize the threat and consequential damage of landslides in hillside areas.
3. To minimize the threat and consequential damage of fire in hillside areas.
4. To control and minimize the infestation of noxious weeds into the community and outlying neighboring areas.
5. To control and mitigate dust and other nuisances that may have adverse affects on neighboring properties and the air quality of the community.
6. To provide for safe and efficient pedestrian and vehicular access and circulation, including transportation linkages to outlying areas.
7. To enhance the visual and aesthetic quality of the city through the use of grading, revegetation and development techniques that help to improve the appearance of slopes exposed to roadways, preserve prominent natural features and vistas and provide for adequate open space in hillside areas.
8. To offer, promote and encourage a variety of alternative development designs and concepts appropriate for hillside areas.
B. Definitions:
AVERAGE SLOPE: Average slope shall mean and be determined by the use of the following formula:
AS = .00229 (I) (L)
A
AS = Average slope in percent.
.00229 = The conversion factor of square feet to acres.
I = Contour interval in feet. The contour interval may not exceed ten feet (10').
L = Summation of the length of all contour lines, in feet, within the parcel.
A = Total number acres in the parcel.
BUILDABLE LOT AREA: That portion of land within a lot or development site, exclusive of building setback area, and manufactured or natural slope area in excess of thirty percent (30%) gradient.
CAP: A concrete or cement feature placed on top of a wall that promotes watershed and limits infiltration of water into concrete cells.
CLEARING: The removal of vegetation and topsoil or other surface materials from a site.
CONSTRUCTION: Any grading or clearing of land, installation of improvements, erection or placement of structures, or assembly of equipment or materials to be used in any of those activities.
CUT: The removal of earth material by artificial or mechanical means.
DEVELOPMENT: Any construction or any division of land.
EROSION: The process whereby soil particles are detached and transported by water, wind, ice or gravity.
EXCAVATION: The mechanical removal of earth material.
FILL: The deposit of earth material by artificial or mechanical means.
GRADIENT: The vertical rise of a slope over a horizontal distance, expressed as a percentage (rise over run).
GRADING: Any excavating, cutting, filling or other earth moving operation.
HILLSIDE AREA: Any parcel having an average slope of fifteen percent (15%) or greater.
IMPERVIOUS SURFACE: Roads, buildings, tennis courts, roofs, driveways, patios, decks, parking lots and other similar water shedding surfaces.
MANUFACTURED SLOPE: Any slope created through cut, fill or excavation and which is steeper than 5:1.
NATURAL SLOPE: The form of the land surface within a hillside area as it exists before clearing or grading.
NATURAL VEGETATION: Plant materials which exist on the site before clearing or grading.
OPEN SPACE: Land area which is not covered by buildings, parking lots, accessory structures or other similar impervious surfaces.
RETAINING WALL HEIGHT: The vertical height as measured from the lowest finished grade to the top of the retaining wall.
REVEGETATION: The stabilization of disturbed or graded soils after construction by replanting with indigenous plant species or other drought tolerant, low water consumptive plant materials appropriate for the climatic zone.
RUNOFF: That part of precipitation which flows over the land without filtering into the soil.
SEDIMENTATION: The process of depositing soil particles detached and transported by erosion.
SLOPE: A natural slope or manufactured slope steeper than 5:1.
C. Development Standards:
1. Slopes Adjacent To Streets And Roadways:
a. Manufactured slopes shall not be steeper than 3:1.
b. Maximum continuous slope height shall not exceed twenty feet (20'). Continuous slope heights may be broken by bench areas having a minimum horizontal dimension of not less than ten feet (10'); and provided said bench areas are placed within the middle one-third (1/3) of the slope.
c. Retaining wall heights shall not exceed ten feet (10').
d. No slope or retaining wall may be placed or constructed in a street right of way.
e. No retaining wall may be placed or constructed within a public utility, access or drainage easement which abuts a public street right of way.
f. Slopes five feet (5') or less in height shall observe a two and one-half foot (21/2') setback from the back edge of sidewalk. Slopes greater than five feet (5') in height shall observe a five foot (5') setback from the back edge of sidewalk.
g. Retaining walls adjacent to streets and roadways must be capped with an architecturally compatible concrete or cement material.
h. Guard railings, when required by the uniform building code, shall be installed on the top of any retaining wall.
i. All manufactured slopes adjacent to streets and roadways shall be subject to an erosion control and revegetation program.
2. Other Interior Slopes:
a. Manufactured slopes shall not be steeper than 2:1.
b. Maximum continuous slope height shall not exceed thirty feet (30'). Continuous slope heights may be broken by bench areas having a minimum horizontal dimension of not less than fifteen feet (15'); and provided said bench areas are placed within the middle one-third (1/3) of the slope.
c. Retaining wall heights for walls abutting interior property lines shall not exceed six feet (6'). Retaining wall heights for other walls shall not exceed twenty feet (20').
d. Retaining walls greater than six feet (6') in height shall observe an interior property line setback equivalent to the height of the retaining wall.
e. The toe of any slope shall observe an interior property line setback equivalent to one-half (1/2) of the height of the slope.
f. The top of any slope shall observe an interior property line setback equivalent to one-fifth (1/5) of the height of the slope.
g. All manufactured interior slopes shall be subject to an erosion control and revegetation program.
3. Lot Dimensions:
a. For all residential zoning districts subject to a six thousand (6,000) square foot minimum lot size or greater, a minimum buildable lot area of three thousand (3,000) square feet shall be required.
b. For hillside area subdivisions, minimum residential lot size shall be ten thousand (10,000) square feet, exclusive of any manufactured slope area contained within the lot.
c. For hillside area subdivisions, minimum interior side yard setbacks shall be ten feet (10').
4. Exceptions:
a. Manufactured slopes intended and designed to be located within a public street right of way and associated with the construction or widening of the roadway or other related public improvements.
b. Minor deviations from maximum manufactured slope heights associated with rounding, meandering or blending tops or bottoms of slope sections with adjacent ungraded areas.
5. Modification Of Standards: Regulations contained within this section may be varied or modified by the planning commission, where just cause and circumstance warrants, in conjunction with a review of a conditional use permit, subdivision preliminary plat, final plat or an application for site plan review, pursuant to subsection 3-2-3C6 of this chapter.
D. Erosion Protection, Slope Stabilization, Slope Revegetation: Any development requiring a grading permit shall be required to submit a specific area restoration and landscape plan to address erosion, slope stabilization and revegetation for the review and approval of the engineering and planning departments.
1. Slopes Adjacent To Streets And Roads:
a. Landscaping improvements shall be required to include the following material: ground cover consisting of plant material, appropriate seed mix or landscape rock, gravel or comparable material; shrubs, consisting of not less than one minimum two (2) gallon sized planting for each fifty (50) square feet of slope area; trees consisting of not less than one minimum fifteen (15) gallon sized planting for each one thousand (1,000) square feet of slope area. (Note: Tree plantings may be clustered.)
b. Installation of permanent irrigation system.
c. Slope revegetation permanently established.
2. Interior Slopes:
a. Installation of appropriate seed mix with jute mat, or installation of rip rap, landscape rock, gravel or comparable material.
b. Satisfy uniform building code requirements for paved interceptor drains and terrace swales.
c. Drains down the face of slopes are to be discouraged; but, if used, are to include rip rap or concrete three feet (3') wide by one foot (1') deep, or other acceptable means. Thickness and size of rip rap or concrete is to be based on water velocity.
d. Application of seed mix during fall months (September through December) with or without installation of an irrigation system.
e. Slope revegetation permanently established.
3. Nonslope Areas Affected By Clearing, Grading Or Excavation In Excess Of One Acre:
a. Installation of native grass mix (crested wheat).
b. Installation of temporary irrigation system or application of seed mix during fall months (September through December) without installation of irrigation system.
c. Revegetation permanently established on affected areas.
4. Performance Guarantee:
a. Revegetation of slopes and other areas affected by clearing, grading or excavation are considered permanently established when more than fifty percent (50%) of area coverage has been achieved.
b. Revegetation of slopes and other areas affected by clearing grading or excavation must be permanently established in accordance with one of the following time frames:
(1) Prior to final occupancy of the building or premises.
(2) Within two (2) years after issuance of final occupancy of the building or the premises subject to execution of a performance agreement with the city to include bonding or other form of security to guarantee completion of the required work.
(3) Prior to final certification of grading compliance.
(4) Within two (2) years after completion of grading activity subject to execution of a performance agreement with the City to include bonding or other form of security to guarantee completion of the required work.
E. Development Guidelines: The following items are recommended guidelines and standards to help achieve the purpose of this section:
1. Locate property lines at tops of slopes, when feasible.
2. Vary steepness of the slope.
3. Meander tops and toes of slopes.
4. Round and blend top and bottom sections of slopes with adjacent ungraded area.
5. Lay back top one quarter section of the slope.
6. Use of terracing and retaining or slough walls when appropriate.
7. Establish thirty foot (30') fire protection zone surrounding all combustible structures in hillside areas.
8. Fire protection zones should include fire resistant landscaping and/or hardscape material.
9. Increase side yard building setbacks in hillside subdivisions to fifteen feet (15').
10. Minimize steepness of slopes adjacent to streets as a means of improving access for emergency and fire personnel.
11. Recommend and encourage the installation of drought tolerant, low maintenance ground cover, shrubs and trees in combination with installation of a permanent drip type irrigation system to promote low water usage. (Ord. 579, 2-26-2002)
A. Notwithstanding any other provision of this Code, marijuana establishments and medical marijuana establishments are not allowed, and shall be unlawful as a permitted use, conditional use or accessory use in any zoning district within the incorporated area of the City of Elko. For purposes of this section, the term "marijuana establishment" shall have the definition ascribed to it in Nevada Revised Statutes 453D.030, as amended from time to time, and the term "medical marijuana establishment" shall have the definition ascribed to it in Nevada Revised Statutes 453A.116, as amended from time to time.
B. The prohibitions of marijuana establishments and medical marijuana establishments, respectively, are not intended to interfere with the individual rights of persons to the lawful use and possession of marijuana as permitted by chapters 453A and 453D of the Nevada Revised Statutes. (Ord. 825, 2-13-2018)
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