A. Airports, Airfields And Heliports: Aviation fields and airports may be permitted subject to the issuance of a conditional use permit; and provided, that the following conditions are satisfied:
1. Plans Required: Plans of any aviation field or airport shall include all approach and departure paths as necessary to assure safe and adequate landing and takeoff area, and shall be supplemented by an aeronautical study by the local airport district office of the federal aviation agency (FAA);
2. Safety Provisions: Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and takeoff areas by the general public; and
3. Surfacing: Landing and takeoff areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.
B. Animal Exhibits And Zoos: Animal exhibits and zoos may be permitted subject to issuance of a conditional use permit; and provided, that the following conditions are satisfied:
1. Information Required: The application for a conditional use permit must contain or be accompanied by the following information:
a. Copies of all federal and state permits that are required by law;
b. A copy of the bill of sale or receipt for the purchase of each animal;
c. A complete and detailed description and diagram of the confinement space proposed for each animal;
d. A list of the animal species to be displayed at the facility;
e. Written proof that a veterinarian licensed as such by the state has committed to the owner to provide care to the animal and to advise the owner regarding its care;
f. Proof of insurance, together with an underwriting memorandum stating knowledge of the exposure that will protect the public against bodily injury or death caused by the animal, providing for limits of one million dollars ($1,000,000.00) per person, per occurrence and for notice to the zoning official within thirty (30) days of its cancellation or renewal; and
g. In addition to other standards for the grant or denial of a conditional use permit, a permit may be denied for failure to satisfy any submittal requirement and for failure to provide a safe and sanitary confinement space for each animal.
2. Parcel Size: The animal exhibit or zoo shall located on a parcel of land not less than two (2) acres in size;
3. Location To Residential District: The animal exhibit or zoo shall not be located within five hundred feet (500') of any residential zoning district or any existing dwelling;
4. Screening And Landscape Buffering: The following screening and landscape buffering shall be provided between any animal cages or other structures and any adjacent residential district or dwelling:
a. A landscaped opaque wall or fence at least six feet (6') in height; and
b. A natural, wooded or planted buffer yard of at least ten feet (10') in width for each twenty five (25) animals of greater than forty (40) pounds in body weight. For purposes of this subsection, the buffer yard shall include at least four (4) trees and sixteen (16) shrubs for every one thousand (1,000) square feet of required landscape area.
5. Lighting: Outside lighting shall be shielded so that the light source is not directly visible to adjacent residential property;
6. Behavior Of Animals: The behavior of the type and/or number of animals owned or maintained by the applicant shall not infringe on the enjoyment of any existing adjacent residential use in terms of noise, odor, safety or aesthetics;
7. Registration: The applicant shall register exotic or wild animal(s) as required by state law;
8. Revocation For Nuisance: Permission for this use may be revoked by the city council if any animal becomes a nuisance or a danger to any person, or if any condition of approval of the permit is violated, or if any other law or lawful rule is violated, or if the health, safety and welfare of the public are threatened.
C. Bed And Breakfast Inns:
1. Standards: In all districts in which bed and breakfast inns (B&B) are permitted, the following standards shall apply:
a. All applicable local, state and federal requirements must be satisfied;
b. Cooking facilities shall not be permitted in individual guestrooms;
c. In addition to required residential parking, one off street parking space shall be provided for each guestroom.
2. Common Dining Areas; Leasing Allowed: In A and RE-1 through RE-3 zoning districts, common dining areas may be leased for social events; provided, that off street parking is provided, for a meeting/reception area, pursuant to section 9-8-5 of this chapter.
3. Common Dining Areas; Leasing Not Allowed: In all other residential zoning districts, common dining areas shall not be leased for social events.
D. Childcare Facilities; Generally:
1. Applicant for a permit to establish a childcare facility must provide sufficient proof that the proposed use will comply with all state and local regulations.
2. A childcare facility shall be located on a site that will accommodate and provide space for an off street passenger loading zone to provide for the safe delivery and pick up of passengers, in addition to applicable parking requirements.
3. The outdoor play areas of a childcare facility shall be enclosed with a fence, which shall be built and maintained to a minimum of four feet (4') in height. No play areas shall be permitted in the required front yard.
E. Cocktail Lounges, Bars, Taverns And Nightclubs: These uses shall be located on a roadway designated as a collector or minor arterial, shall not be located adjacent to or abutting residential districts, shall obtain all required state and local licenses, and shall comply with all conditions of said licenses.
F. Compost Facilities:
1. Purpose: The purpose of these conditions is to protect the state's environmental resources by regulating the siting and operation of a composting facility, while encouraging resource recovery and recycling. This subsection does not apply to yard waste composted on the parcel on which the yard waste was generated.
2. Permits: Prior to commencing site preparation for this composting facility, all necessary permits must be obtained from the zoning official and all applicable local, state and federal governmental agencies and authorities, and thereafter, before any alteration in site preparation, construction or operation is done, any such alteration must be approved by the Clark County health department and sanitation director and all necessary permits obtained from the various governmental authorities.
3. Preparation: No wastes permitted to be composted shall be accepted at the site until after the site has been fully prepared, inspected by the Clark County health department and sanitation director, and the site made fully operational for composting.
4. Acceptance: Yard wastes, municipal solid wastes, sewage sludge, agricultural wastes and other materials, as defined and permitted pursuant to state and federal regulations, may be accepted at the composting facility. No clean fill, solid waste, treated or untreated biohazardous waste, or any waste of any nature other than permitted compost waste shall be accepted at the composting site or utilized in the composting process.
5. Discharges: There shall be no discharge of air pollutants which causes objectionable odors to surrounding property owners.
6. Fill Material Use Prohibited: No compost shall be used as fill material in any natural or artificial body of water, open sinkhole, or dewatered pit.
7. Sufficient Support For Operation: The composting facility and site shall have sufficient support for the composting operation.
8. Plans Required: Information to be filed with the zoning official upon application for the required conditional use permit shall include compost facility design, operation and closure plans, and such plans shall include:
a. Maps and available aerial photographs showing significant features of the proposed site area;
b. Site plans which show dimensions and details of proposed structures and areas involved in receiving, processing, producing, curing, storage and fencing of materials taken onto and removed from the proposed facility;
c. Topographic maps which indicate original and proposed land contours, placements of roads, structures and drainage control measures;
d. A report which addresses:
(1) Facility capacity;
(2) Available detail concerning materials to be received;
(3) Anticipated source of materials to be received; and
(4) Additives to be used in the composting process and discussion of the potential environmental impacts of additives.
e. Storm water management plans and designs are in accordance with the hydrologic criteria and drainage design manual of the CCRFCD, for preventing runoff from entering or leaving the process areas of the facility and for managing storm water which comes into contact with the composted material;
f. Liner installation plan which addresses:
(1) Areas and operations where liners will be installed;
(2) Materials and construction specifications; and
(3) Testing procedures.
g. A ground water monitoring system which features, at minimum, one up gradient and two (2) down gradient wells;
h. Measures taken to ensure clean and orderly operations, including:
(1) Barriers to prevent unauthorized entry or egress;
(2) An all weather access road;
(3) Signs indicating operational hour and emergency information;
(4) Dust control methods;
(5) Control of operation related litter;
(6) Fire protection; and
(7) Odor control measures.
i. An operations plan which provides written instruction for the daily operation and maintenance of the facility and which specifically addresses:
(1) Designation of persons responsible for site operation and maintenance;
(2) Equipment;
(3) Controlling the entry point to ensure that only appropriate wastes are introduced into the facility;
(4) Methods for quantifying incoming wastes;
(5) Vehicle traffic control and loading;
(6) Method and sequence for processing wastes;
(7) Operation of leachate and stormwater control systems;
(8) Interaction with backup receiving or disposal areas; and
(9) Contingency plans for such occurrences as natural disasters, equipment failures or receipt of inappropriate materials.
j. A site closure plan which addresses:
(1) Estimated useful life of the facility;
(2) Closure plans, which may be in narrative form and/or sketch form, subject to all applicable agency reviews at time of closure; and
(3) Assurance of financial capability to complete closure plans.
9. Maintenance Of Design Features: The design features, as approved by the Clark County health department and sanitation director, of the composting facility shall be properly maintained.
10. Staff And Equipment: The composting facility shall be properly staffed and equipped to ensure that:
a. An attendant is on site during those hours when permitted wastes are to be received;
b. Communications systems are in operation in all facilities for use in the event of an emergency.
11. Mixing Of Waste: Incoming permitted wastes shall not be mixed with finished compost which is ready to be used or sold. Prevention of the reintroduction of weed seed, pathogens and waste to finished compost shall be handled in the following manner:
a. At least half the finished compost will be used or sold for use each year;
b. The amount of compost stored at the facility shall not exceed the design capacity;
c. All yard waste received at the facility shall be confined to a delivery storage area, where it shall be monitored before further processing:
(1) Yard wastes which will be composted must be removed from the facility at least monthly; and
(2) Yard wastes and nonyard wastes which are not to be composted must be removed to a licensed landfill within seventy two (72) hours.
d. The temperature of composting material shall be monitored on a daily basis at a depth approved by the Clark County health department and sanitation director;
e. When the facility is closed, all residuals, wastes and recyclable materials shall be removed from the site and recycled or disposed of in a proper manner.
12. Wells: Two (2) down gradient wells and one up gradient monitoring well shall be installed at the facility at sites approved by the Clark County health department and sanitation director. Surface elevations and depth to ground water will be used to determine "up gradient" and "down gradient" elevations.
13. Ground Water Samples Conducted: Prior to site preparation, initial ground water sampling shall be conducted to establish baseline standards as is provided in these conditions. Thereafter, periodic sampling shall be conducted on a not less than quarterly basis during all phases of site preparation, construction, operation and closing of the composting facility. Ground water sample results shall be compared to state and federal drinking water standards.
14. Sample Results And Log Sheets: Sample results and log sheets showing all monitoring of the ground water and composting process performed, the quantity and volume of waste received, the quantity and volume of compose produced, and the quantity, volume and ultimate disposition of material screened from the landfill shall be maintained, and quarterly reports including all of this information shall be delivered to the Clark County health department and sanitation director.
15. Analyzed: Ground water samples will be analyzed for the materials identified by the zoning official.
16. Less Than State Standard: If the initial baseline water samples show the water quality for a particular parameter is at or less than the appropriate state standard, then the appropriate state standard shall apply that parameter to ground water samples subsequently taken from the facility with adjustment by statistical methods as approved by the Clark County health department and sanitation director. Such standards shall not be exceeded in the ground water samples periodically taken from the facility.
17. State And EPA Standards: If the initial baseline samples have levels greater than the appropriate state standards and less than the U.S. EPA standards, then the U.S. EPA standards shall apply for that parameter with adjustment by statistical methods as approved by the Clark County health department and sanitation director. Such standards shall not be exceeded in the ground water samples periodically taken from the facility. If initial baseline samples have levels of a particular parameter greater than both the appropriate state standards and the U.S. EPA standards, then no statistically significant contamination of the aquifer shall be permitted. Statistical methods for examining sample variation will be allowed upon approval of the Clark County health department and sanitation director.
18. Deterioration Of Quality: In addition to the requirements of this subsection, there shall be no deterioration of ground water quality between the upstream monitoring well and the downstream monitoring wells. Downstream analytical results will be compared with upstream background levels. If these downstream results for any parameter exceed the upstream results, this will immediately be reported to the Clark County health department and sanitation director. In addition, the laboratory analytical data will be reviewed for analytical problems such as contamination in the method blank or contaminant carryover between samples.
19. Additional Sampling: The sanitation director may request additional sampling be performed to determine statistical significance of the data if periodic samples exceed appropriate standards in a manner that cannot be explained after examining the analytical factors.
20. Close Of Facility: Notwithstanding any other available testing or additional sampling of the ground water, any measurement in excess of the standards set out above shall be grounds to close the facility and revoke this special use permit.
21. Cost Responsibility: The operator/applicant is responsible for all costs associated with the monitoring wells, sampling, testing and interpretation of test results and reports to the sanitation director. An independent testing laboratory approved by the sanitation director with expertise in the field of water quality and groundwater standards shall be hired and paid for by the operator/applicant and laboratory reports shall come directly to the sanitation director with copies to operator/applicant.
22. Sedimentation And Runoff Ponds: Sedimentation and runoff ponds and berms described in the site evaluation and operations plan submitted as part of the application for this conditional use permit and/or required building permit shall be designed and constructed under the supervision of a registered professional engineer.
23. Compliance With Laws: The composting operation shall be conducted at all times in compliance with all federal, state and local laws and regulations including, but not limited to, those related to pollution of air and water.
G. Firing Ranges And Gun Clubs:
1. Indoor; Location: All indoor firing ranges and gun clubs shall be located at least two hundred feet (200') from any residential district or dwelling, and within a completely enclosed structure, designed to significantly prevent the escape of sound from the property.
2. Outdoor; Location: All outdoor firing ranges shall be located at least one thousand feet (1,000') from any residential district or dwelling, and on a site of at least ten (10) acres.
3. Fencing: A solid fence, wall, berm or shield shall be provided behind all shooting areas, and be reviewed by the police department.
4. Projectile Prevention: Facilities shall be designed to prevent projectiles from escaping the property.
5. Police Department Review: The location and type of facility shall be reviewed by the police department.
6. Access; Off Street Parking: Access and off street parking shall be provided subject to the requirements of section 9-8-5 of this chapter.
7. Buffer: An appropriate buffer yard shall be provided along all abutting property lines of outdoor facilities, pursuant to this chapter.
8. Hours Of Operation: Hours of operation for outdoor facilities shall be limited to nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M.
H. Flea Markets And Swap Meets:
1. Location: Flea markets and swap meets shall be located on a roadway designated as a collector or arterial street.
2. Access; Off Street Parking: Access and off street parking shall be provided subject to the requirements of section 9-8-6 of this chapter.
3. Buffer: An appropriate buffer yard shall be provided along all abutting property lines, pursuant to this chapter.
4. Conducted On Private Property: The event shall be conducted entirely on private property, with the consent and approval of the property owner.
5. Structures: Any structure used in conjunction with the event shall meet all applicable zoning, health, safety and building code requirements. Any temporary structure used shall be promptly removed upon the cessation of the event.
6. Banners; Signs: No more than one banner shall be displayed, and which shall be displayed for a maximum of fifteen (15) days. All other signage requirements are subject to chapter 10 of this title.
7. Compliance With Regulations: The flea market or swap meet shall be conducted at all times in compliance with all applicable federal, state and local laws, regulations, permits and licenses. (Ord. 172, 9-24-1996, eff. 10-31-1996)
I. Community Residences (Family And Transitional):
1. Generally:
a. Community residences - family for people with disabilities provided: 1) they are located more than six hundred sixty (660) linear feet from the closest existing community residence as measured from front door to front door and 2) the operator or applicant is licensed or certified by the state of Nevada to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by congress to operate the proposed type of community residence.
A community residence - family for people with disabilities proposed to be located within six hundred sixty (660) linear feet of the closest existing community residence as measured from front door to front door shall require a conditional use permit.
A community residence - family for people with disabilities for which a license or certification by the state of Nevada is not required, for which certification from an appropriate national accrediting agency is not required, or which has not been recognized nor sanctioned by congress shall require a conditional use permit.
b. Community residences - transitional for people with disabilities provided: 1) they are located more than six hundred sixty (660) linear feet from the closest existing community residence as measured from front door to front door and 2) the operator or applicant is licensed or certified by the state of Nevada to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by congress to operate the proposed type of community residence.
A community residence - transitional for people with disabilities proposed to be located within six hundred sixty (660) linear feet of the closest existing community residence as measured from front door to front door shall require a conditional use permit.
A community residence - transitional for people with disabilities for which a license or certification by the state of Nevada is not required, for which certification from an appropriate national accrediting agency is not required, or which has not been recognized nor sanctioned by congress shall require a conditional use permit.
c. Access and off street parking for community residences - family and transitional shall be provided subject to the requirements of section 9-8-5 of this chapter.
d. Landscaping, screening and buffer yards for community residences - family and transitional shall be provided subject to the requirements of section 9-8-4 of this chapter. (Ord. 443, 1-25-2011, eff. 2-17-2011)
2. Nursing Homes And Convalescent Hospitals:
a. These uses shall be located on a city roadway designated as an arterial or collector.
b. Building coverage shall not exceed forty percent (40%) of the lot or parcel.
c. Seventy (70) square feet of open space, which may be utilized for recreational use or landscaping/screening, shall be provided for each bed.
d. For the purposes of determining buffer yard requirements of this chapter, these uses shall be considered commercial uses.
J. Hazardous Waste Facility:
1. Generally: A hazardous waste facility may be authorized within an IR-2 district, pursuant to a conditional use permit and subject to the conditions of this subsection and any additional conditions established pursuant to the conditional use permit.
2. Location:
a. No part of the active portion and closed portion of a hazardous waste facility shall be within one air mile of any occupied dwelling place or house, any school or educational institution, any hospital or sanatorium, or in any area that poses a substantial or imminent danger to human life or health.
b. No hazardous waste facility shall be located within:
(1) A wetland;
(2) A 100-year floodplain.
c. A six hundred foot (600') buffer zone shall be established between the perimeter of the active portion and closed portion of the hazardous waste facility and all boundary lines of the facility. Within said buffer zone, trees, shrubs and suitable vegetation shall be planted and landscaping provided to fully obscure, to the extent feasible, any view of the facility from public roadways and adjacent public or private properties at all times of the year, as to maintain, preserve and enhance the environmental integrity of the surrounding area.
d. A minimum separation of five hundred feet (500') shall be maintained between any part of the active portion of the hazardous waste facility and any existing pipeline, underground utility, or underground electrical transmission line right of way or easement.
3. Facility Access:
a. A permanent sign shall be posted at each facility entrance identifying the official name of the facility.
b. Access to the proposed hazardous waste facility shall be limited to normal operating hours. Attendants or operating personnel shall be present at the facility during normal operating hours.
c. Access to the proposed hazardous waste facility by unauthorized vehicles or persons outside of normal operating hours shall be prohibited. Entrance gates and fencing shall be erected to prevent access to the facility during hours when the facility is not open to the public. Gates shall be kept locked, except during those times when an attendant or equipment operator is on duty. Upon request, operators shall provide access keys to entrance gates for emergency personnel. The hazardous waste facility shall be completely enclosed by chainlink fencing, or such other durable fencing as may be approved by the city council, which fencing shall be not less than ten feet (10') in height. All fencing shall be set back at least twenty five feet (25') from the property line.
d. All access roads from the entrance and exit of the proposed hazardous waste facility to any public thoroughfare shall be paved with asphalt or concrete, curbed, and provided with a base capable of withstanding anticipated load limits, and shall be constructed and maintained in such a manner so as to minimize tracking or carrying of mud, dirt or debris onto any dedicated thoroughfare by any vehicles using the proposed hazardous waste facility. A road maintenance bond in an amount sufficient to ensure road maintenance may be required as a condition of permit approval.
4. Operations Plan: A conceptual report describing the proposed hazardous waste facility shall be prepared and submitted by a professional engineer licensed in the state. Required information shall include the following:
a. A description of the planned method of operation of the proposed facility;
b. A description of the technology underlying the proposed operational methodology;
c. A description of all equipment which will be used to manage hazardous waste at the proposed facility;
d. The expected or projected life of the proposed hazardous waste facility, including a statement of any assumptions used in determining such projections;
e. A traffic analysis estimating vehicle trips, by type of vehicle, to be generated by the proposed facility, including average daily trips, A.M. peak hour trips, and P.M. peak hour trips;
f. A site plan shall be drawn to scale of not to exceed two hundred feet to the inch (1" = 200') and shall include and depict, at a minimum, the following information:
(1) Name and address of record of landowner and architect/engineer/surveyor;
(2) Date, north arrow and scale;
(3) Location of existing and proposed rights of way, easements and infrastructure (streets, sewers, water lines, etc.);
(4) Size, use and location of existing and proposed structures and drives on the subject property;
(5) Location of floodplain areas subject to flooding and centerlines of drainage courses;
(6) Location of proposed drives and parking area, including location, number and dimensions of parking spaces;
(7) Property lines;
(8) Location of existing and proposed landscaping and screening.
g. A map to a scale of not to exceed two thousand feet to the inch (1" = 2,000') with ten foot (10') contour intervals shall be provided and shall include and depict, at a minimum, the following information as it pertains to the area within one air mile of the proposed facility boundaries:
(1) Original contours;
(2) Original surface water drainage patterns;
(3) Location of disposal facility and facility boundary lines;
(4) Actual and proposed access roads;
(5) Major sinkholes within the map area; and
(6) Occupied permanent residential dwelling houses or units within one air mile of the facility boundary lines.
5. Federal And State Compliance: A proposed hazardous waste facility shall comply with all applicable federal and state regulations and copies of all federal and state permits issued to the facility shall be submitted to the department of building and zoning.
K. (Rep. by Ord. 224, 5-11-1999, eff. 6-3-1999)
L. Quarries, Mines, Sand And Gravel Pits: Quarries, mines, and sand and gravel pits may be authorized as a conditional use under the following conditions:
1. Ownership: Surface and subsurface rights are in single ownership or under unified control or surface rights are dedicated to public use and subsurface rights alone are retained for mining and subsequent use;
2. Activities: No activities shall be conducted upon the surface of such mine or mined out area other than those specifically permitted;
3. Exhaust Air Vents, Shafts: Exhaust air vents, air shafts or other surface features necessary and incidental to the underground operation shall be enclosed on four (4) sides to a height of at least eight feet (8'). No noxious gas or fumes shall emanate from any exhaust air vent on the surface of such mine or mined out area. Such facilities shall observe the height and yard requirements of respective zoning district regulations;
4. Plan Of Operation: A plan of operation indicating the extent of the area proposed to be mined accompanied by profiles describing any proposed subsequent use of the mined out areas shall be included with the site plan submitted to the zoning official;
5. Blasting; Hours Permitted: Blasting shall be restricted to the hours between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M.;
6. Blasting; Boundary Line: There shall be no blasting within five hundred feet (500') of the boundary line;
7. Entranceway: There shall be not more than one entranceway from a public road to said lot for each six hundred sixty feet (660') of front lot line;
8. Equipment And Machinery Location: All fixed equipment and machinery shall be located at least one hundred feet (100') from any lot line and five hundred feet (500') from any residential zoning district, but in the event the zoning classification of any land within five hundred feet (500') of such equipment or machinery shall be changed to residential use subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than one hundred feet (100') from any lot line;
9. Blasting; Vibration: Blasting shall be conducted so that vibration does not exceed 0.25 inches per second as measured by seismographic tests at adjacent, abutting and opposite property boundary lines; seismographic tests shall be conducted by and bear the seal of a registered professional engineer or a certified professional geologist;
10. Seismograph Reports: Seismograph reports of monthly tests shall be submitted to the zoning official monthly; daily blasting schedule and seismograph reports shall be available for inspection by the zoning official; additional seismograph tests and reports may be required upon written complaint by an affected property owner and such tests and reports shall bear the seal of a registered professional engineer or a certified professional geologist;
11. Blasting; Atmospheric Conditions: No blasting shall be conducted when the atmospheric conditions are such that sound or shock waves are easily conducted or transmitted, such as occur when there is a condition commonly known as a temperature inversion;
12. Surface Preparation: All surface preparation for underground mining shall be completed within twenty four (24) months of issuance of permit. Extensions may be granted upon specific appeal to the city council;
13. Sedimentation Ponds And Berms: Sedimentation ponds and berms, as described in the site evaluation and operations plan submitted as part of the application for a conditional use permit, shall be designed and constructed under the supervision of a registered professional engineer prior to any site preparation or mining;
14. Ingress And Egress: All points of ingress and egress shall be limited to arterials and collectors and shall be approved prior to construction in accordance with local or state highway department regulations and requirements, as applicable;
15. Annual Status Report: The operator shall be required to file an annual status report with the zoning official concerning all surface and subsurface development and a survey of the extent of subsurface development and a survey of the extent of subsurface mining operations, certified by a registered land surveyor;
16. Air And Water Regulations: The quarrying operation shall be conducted in compliance with all existing federal, state and local laws and regulations, including, but not limited to, those related to the pollution of air and water;
17. Plan Implementation: The operator shall be required to implement and conform to all plans, specifications and provisions filed as a part of the application;
18. Biodegradable Additives: Only biodegradable additives shall be used in the wetting agent which shall be applied at the primary and secondary crushing facilities and transfer points. Stock piles of rock and truck loads shall also receive wetting treatments sufficient to minimize airborne particulates;
19. State And Federal Requirements: The permit is further subject to all state and federal requirements which are made a part hereof as though set out in their entirety;
20. Traffic Impact Analysis: A traffic impact analysis shall be provided to the zoning official or public works director, in accordance with subsection 9-9-6C of this title;
21. Restoration Plan Required:
a. The operator shall file with the zoning official a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land; proposed final topography indicated by contour lines of not greater interval than five feet (5'); steps which shall be taken to conserve topsoil; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses and/or other improvements contemplated;
b. The restoration plans shall be filed with and approved by the zoning official before quarrying or removal operations shall begin. The plans shall be certified by a soil or geology engineer. In restoration, no filing operations shall be permitted which will likely result in contamination of ground or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or subsurface water or into the atmosphere. A drainage plan and study is required;
c. The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural or to an approved restoration plan.
M. Recreational Facilities, Amusement Parks, Etc:
1. Defined: Recreational facilities and amusement parks are defined pursuant to chapter 2 of this title.
2. Development; Overnight Parking: No cabin development or overnight parking of trailers or lodgings shall be permitted on the premises.
3. Location: These uses shall be located at least fifty feet (50') from a public right of way and at least two hundred feet (200') from any dwelling.
4. Access; Off Street Parking: Access and off street parking shall be provided subject to the requirements of section 9-8-5 of this chapter.
5. Buffer: An appropriate buffer yard shall be provided along all abutting property lines, pursuant to section 9-8-6 of this chapter.
N. Salvage Yards And Junkyards:
1. Screening: Storage and work areas must be screened by an opaque eight foot (8') tall fence (block wall) from all surrounding uses and all roadways, or be located within a completely enclosed building.
2. Unusable Items; Disposal: Unusable items shall be disposed of and not allowed to collect on the premises.
3. Tires: All tires not mounted on a vehicle shall be neatly stacked or placed in racks.
4. Garbage: No garbage or other putrescent waste likely to attract vermin shall be kept on the premises.
5. Hazardous Materials: Gasoline, oil or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable local, state and federal regulations.
6. Outdoor Storage: All outdoor storage which occupies a volume of more than one hundred fifty (150) cubic feet shall comply with the following:
a. No such storage shall be placed or maintained within a required yard setback;
b. Such stored items shall not project above the screening;
c. All screening shall be installed in a professional and workmanlike manner, and maintained in good condition.
O. Temporary Uses:
1. Construction Buildings: Temporary buildings, structures and building material storage areas may be used for construction purposes on a site in any district which is not yet occupied. Such buildings may be permitted for a specific period of time in accordance with the building permit issued by the zoning official, subject to periodic renewal for cause shown. Temporary buildings and building material storage areas shall be removed prior to the issuance of a certificate of occupancy.
2. Sales/Special Events:
a. No booths, stalls or other display areas shall be placed or maintained within any required setback area.
b. Off street parking shall be provided at the ratio of one and one-half (11/2) spaces per booth or stall, and meet other applicable standards of section 9-8-5 of this chapter.
c. Approved sanitary facilities shall be provided on site.
d. All items for sale shall be stored indoors, or within an approved screened storage area, or removed from the site at the close of each business day.
e. Hours of operation shall be limited to eight o'clock (8:00) A.M. to ten o'clock (10:00) P.M.
f. No storage of items other than those available for sale shall be stored on the premises, unless confined within an approved, screened storage area.
P. Telecommunication Towers And Antennas:
1. Intent; Height References: The regulations and requirements of this subsection are intended to provide for the location and development of commercial broadcast, noncommercial residential and amateur radio service telecommunications towers, antennas and antenna supporting structures. All references to height include antennas, support structures and all appurtenances measured from ground level to the highest point of said structures.
2. Minimum Regulations: In addition to any regulations set forth in federal communications commission (FCC) regulations, federal aviation administration (FAA) regulations, or the statutes of the state, all antennas and antenna supporting structures shall meet the minimum regulations of this subsection.
3. Commercial Antennas:
a. Antennas shall be set back from property lines a distance equal to or greater than one-half (1/2) the height of the antenna and supporting structure. Height regulations for commercial antennas shall be the same as those for noncommercial antennas provided in subsection P4 of this section.
b. Antennas, guy wires, guying anchors, electrical equipment and energy transfer components shall be installed according to manufacturers specifications using sound engineering and safety practices.
c. An applicant for a building permit for a commercial antenna system shall provide an engineering report specifying the following information:
(1) Detailed structural plans for the antenna and the support system; and
(2) An engineer's certification that anticipated levels of electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the federal communications commission (FCC). An antenna radiation pattern shall be included for each antenna, along with directional data concerning the pointing of any directive antennas.
4. Noncommercial Antennas:
a. All authorized noncommercial antennas and antenna support structures, except those specifically in the amateur radio service, shall comply with applicable FCC and FAA regulations and meet the following standards:
(1) A building permit shall be required for any antenna or antenna supporting structure extending more than thirty five feet (35') above the ground level and any freestanding antenna or antenna supporting structure extending more than twenty five feet (25') above ground level. The zoning official shall require submission of documentation to verify compliance with any specific applicable building or electrical code(s). When a building permit is denied, the applicant shall be furnished with a statement of the reason(s) for denial;
(2) Antennas and supporting structures shall be installed in a manner that meets or exceeds manufacturers installation instructions;
(3) Antennas and supporting structures shall be installed so as to prevent safety hazards to persons on or off the property under any circumstances which reasonably can be anticipated;
(4) Antennas and supporting structures shall not be erected in required building setback areas unless authorized by a conditional use permit;
(5) Guy wires shall not extend into any required street yard.
b. In A, RE-1, RE-2 and RE-3 zoning districts, up to four (4) exterior antenna structures are authorized as accessory uses, subject to the following additional regulations:
(1) The height shall not exceed thirty five feet (35') unless specifically authorized by a conditional use permit;
(2) Antennas that do not exceed thirty five feet (35') in height shall meet the minimum building setback requirements for the district. Antennas that are greater than thirty five feet (35') in height shall be set back the greater of fifty feet (50') or one-half (1/2) the height of the antenna and support structure;
(3) One TV receive only (TVRO) satellite dish antenna and one direct broadcast system (DBS) satellite antenna are permitted per lot or parcel; provided, that the antennas shall not:
(A) Exceed twelve feet (12') in diameter for TVRO or three feet (3') for DBS;
(B) Exceed fifteen feet (15') aboveground if ground mounted;
(C) Exceed thirty five feet (35') aboveground if roof or pole mounted;
(D) Have any signage legible from any property line.
c. In SF, MR-1, MF-2 MF-3 and MF-4 zoning districts up to two (2) exterior antenna structures may be permitted, subject to the following additional regulations:
(1) The height shall not exceed thirty five feet (35') unless specifically authorized by a conditional use permit;
(2) Antennas that do not exceed thirty five feet (35') in height shall meet the minimum setback requirements for the district. Antennas that are greater than thirty five feet (35') in height shall be set back the greater of twenty feet (20') or one-half (1/2) the height of the antenna and antenna support structure;
(3) One TV receive only (TVRO) satellite dish antenna and one direct broadcast system (DBS) satellite antenna are permitted per lot or parcel; provided, that the antenna shall not:
(A) Exceed twelve feet (12') in diameter for TVRO or three feet (3') for DBS;
(B) Exceed fifteen feet (15') aboveground if ground mounted;
(C) Exceed thirty five feet (35') aboveground if roof or pole mounted;
(D) Have any signage legible from any property line;
(E) Be located in the front yard or required street yard.
d. In CR-1, CR-2, PB and HT zoning districts, antennas and support structures are authorized as accessory uses, subject to the following limitations:
(1) The height shall not exceed fifty feet (50') unless specifically authorized by a conditional use permit;
(2) Antennas that do not exceed forty feet (40') in height shall meet the minimum setback requirements for the districts. Antennas that are greater than forty feet (40') in height shall be set back a distance equal to or greater than one-half (1/2) the height of the antenna or antenna support structure;
(3) One TV receive only (TVRO) satellite dish antenna and one direct broadcast system (DBS) satellite antenna are permitted per lot or parcel; provided, that the antenna shall not:
(A) Exceed twelve feet (12') in diameter for TVRO or three feet (3') for DBS;
(B) Exceed fifteen feet (15') aboveground if ground mounted;
(C) Exceed thirty five feet (35') aboveground if roof or pole mounted;
(D) Be located in the front yard or required street yard.
e. In IR-1 and IR-2 zoning districts, antennas and support structures are authorized as accessory uses, subject to the following limitations:
(1) The height shall not exceed fifty feet (50') unless specifically authorized in a conditional use permit;
(2) Antennas that do not exceed forty feet (40') in height shall meet the minimum setback requirements for the district. Antennas that are greater than forty feet (40') in height shall be set back a distance equal to or greater than one- half (1/2) the height of the antenna or antenna support structure;
(3) Satellite antennas shall not exceed thirty five feet (35') in height if pole or roof mounted unless specifically authorized in a conditional use permit.
5. Amateur Radio Antennas:
a. Due to the nature of the amateur radio service, the antennas and antenna supporting structures are many and varied. This service is strictly noncommercial and nonprofit under FCC regulations as covered by FCC regulations in part 97.
When proposed amateur radio service antennas do not comply with the regulations established in this subsection, the antenna shall be subject to the conditional use permit provisions of section 9-5-3 of this title, with conditions being established in accordance with the guidelines set out under FCC part 97.
b. All authorized amateur radio service antennas shall comply with applicable FCC and FAA regulations and meet the following additional standards:
(1) Antennas and supporting structures shall be set back a distance of at least one-half (1/2) the height of the structure. A building permit shall be required for freestanding antenna structures exceeding twenty five feet (25') in height or antenna support structures exceeding thirty five feet (35') which are attached to a building. The zoning official may require submission of documentation to verify compliance with specific building and electrical codes. When a building permit is denied, the applicant shall be furnished with a statement of the reasons for denial;
(2) Antenna support structures shall be installed in a manner that meets or exceeds manufacturers installation standards. Home built antenna support structures shall follow sound engineering practices as referenced in applicable documents, such as those of the American radio relay league or other recognized engineering texts;
(3) Guy wires may not extend into any required street yard;
(4) In the A district:
(A) A conditional use permit shall be required for any amateur radio service antenna or support structure exceeding thirty five feet (35') in height;
(B) Not more than eight (8) exterior antenna support structures shall be permitted on any parcel, except as approved subject to a conditional use permit.
(5) In the RE-1 through RE-3 districts:
(A) No more than four (4) exterior antenna support structures shall be erected except as approved subject to a conditional use permit.
(B) Amateur radio service antennas or supporting structures over thirty five feet (35') may not be erected except as approved subject to a conditional use permit.
(6) In the SF and MF-1 through MF-4 districts:
(A) No more than two (2) exterior antenna supporting structures shall be erected except as approved subject to a conditional use permit.
(B) Amateur radio service antenna and support structures shall be limited to thirty five feet (35') except as approved subject to a conditional use permit.
(7) In the nonresidential districts, amateur radio service antennas and supporting structures shall be treated as any other commercial antenna or supporting structure.
Q. Utility Transmission Lines: All transmission lines must be placed underground, except as allowed by the building official. In no case shall an overhead utility line be closer than forty feet (40') above the ground.
R. Utility Structures: Aboveground water storage tanks, sewage pumping stations, telephone relay towers, electric regulating substations and similar utility/communications structures shall comply with the following standards:
1. Location From Residential Structure: Facilities shall be located at least fifty feet (50') from any residential structure;
2. Fencing: The zoning official may require facilities to be secured by a fence;
3. Telephone Exchange Stations: Telephone exchange stations in residential districts shall be limited to unmanned facilities, and shall provide at least two (2) parking spaces for service vehicles. (Ord. 172, 9-24-1996, eff. 10-31-1996)
S. Vacation Home Rental:
1. Standards: In all districts in which vacation home rentals are permitted, the following standards shall apply:
a. The operator must obtain a license from the business licensing division of the development services department to operate the use. The use must be operated by either the property owner or a property manager who holds a license to engage in property management pursuant to Nevada Revised Statutes chapter 645. A separate license must be obtained for each rental property. The license shall be an annual license, renewable annually at the discretion of the business licensing division. In each case, the operator shall pay such fee as the licensing division may establish for the license. A copy of the license, including all conditions established or imposed pursuant to the conditional use permit, shall be posted in a conspicuous place within the rented premises.
b. The use must comply on an ongoing basis with all governmental licensing and regulatory requirements, including the payment of applicable room taxes and licensing fees.
c. The operator must obtain a permit from the southern Nevada health department to operate transient (short term) lodging rentals, if required by the health department.
d. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any vacation rental unit between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M.
e. The owner must by written agreement, limit the number of vehicles of overnight occupants to the number designated in the license; with the number of vehicles of overnight occupants not to exceed the number of designated on site parking spaces. Parking buses on site or on the street is prohibited. Vehicles of guests and invitees shall not obstruct traffic or access to other properties in the area.
f. The operator shall notify the business services division of any change in the operator's telephone number and other contact information. Any change in operator shall require the issuance of a new license.
g. The operator/agent must be available at all times to respond to law enforcement authorities and to concerns from neighborhood residents, and to take remedial action in the event of noncompliance with law or with permit conditions.
h. The owner shall comply with all regulations contained in section 2-13-11, standard license conditions, of this code. (Ord. 455, 10-23-2012)
T. Temporary Commercial and Industrial Use of Vacant Buildings and / or Lands. The purpose of this section is to grant to the City Council the discretionary authority to approve uses not specifically allowed in the underlying zone on a temporary and limited basis. Such approvals shall only be granted under the following conditions, in addition to any conditional use requirements imposed pursuant to Section 9-5-3 of the Code:
1. During transitioning periods of a business looking for a permanent location, or emergency situations forcing the relocation of existing businesses.
2. The temporary occupancy of a vacant building may be allowed for the period of one (1) year, which is renewable up to a maximum of three (3) years.
3. The site must be inspected annually to verify that external impacts from noise, odor, visual impacts, traffic, and parking, are minimized to acceptable levels. After three (3) verified violations of this condition, the City Council may consider revoking the permit.
a. Noise: The operations of the business shall not emit noise levels in excess of those set forth in Title 5, Chapter 1, and Section 3 Noise Control Ordinance.
b. Odor: The resident business shall not discharge, cause, allow, or permit any emissions of objectionable odors beyond the property line of the premises.
c. Traffic: Traffic generated to and from the business shall not cause traffic hazards such as unusual traffic movement, traffic jams and congestion. Vehicles loading and unloading at the site shall be minimized, and avoid local business hours, unless a loading / unloading zone, hidden from view, is provided.
d. Parking: Parking shall be limited to designated parking areas only. (Ord. 455, 10-23-2012; amd. Ord. B23-013, - -2023)