TiTLE: Page 1 BILL NO NYE COUNTY ORDINANCE NO. 53

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1 TiTLE: BILL NO NYE COUNTY ORDINANCE NO. 53 SUMMARY: A Bill proposing to amend Nyc County Code 17.04, the Pahnimp Regional Planning District Zoning regulations, by revising Section , the definitions of Home Occupation and Residential Industry, revising , the Permitting Standards lbr Home Occupations; by amending the Requirements lbr Home Occupations and Residential Industry within the residential mning districts; and other matters properly related thereto A BILL PROPOSING TO AMEND NYE COUNTY CODE 17.04, THE PAHRUMP REGIONAL PLANNING DISTRICT ZONING REGULATIONS, BY REVISING SECTION , DEFINITIONS OF HOME OCCUPATION AND RESIDENTIAL INDUSTRY, AMENDING SECTION , HOME OCCUPATIONS BY ADDING THE TERM HOME-BASED BUSINESS AND RESIDENTIAL INDUSTRY TO THE TITLE AND AMENDING THE PERMITflNG STANDARDS AND OPERATIONAL LIMITATIONS FOR THESE USES, AMENDING THE GENERAL PROVISIONS FOR RESIDENTIAL DISTRICTS, AND ADDING HOME-BASED BUSINESS AND RESIDENTIAL INDUSTRY TO THE RURAL HOMESTEAD RESIDENTIAL, RURAL ESTATES RESIDENTIAL, SUBURBAN ESTATES, AND THE VILLAGE RESIDENTIAL VR-20 DISTRICT. ADDING HOME-BASED BUSINESS AND TO THE VILLAGE RESIDENTIAL VR 10, VR-8 AND MULTI-FAMILY DISTRICTS AND ADDING HOME OCCUPATIONS, HOME-BASED BUSINESSES (SUBJECT TO THE GENERAL PROVISIONS FOR RESIDENTIAL ZONES) TO THE MOBILE HOME PARK DISTRICT, PROVIDING FOR AN EFFECTIVE DATE, AND OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, pursuant to NRS , for the purpose of promoting the health, safety and the general welfare of the residents of Nyc County, the Nyc County Board of County Commissioners (Board) is authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures; and WHEREAS, any such regulation, restriction and control must take into account the potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment; and WHEREAS, on June 16,2004 the Board adopted Ordinance No. 285, amending the Zoning Ordinance of the Pahrump Regional Planning District, Chapter of the Nyc County Code; and WHEREAS, the Board finds that the provisions outlined within Section , Home Occupations, provide very narrow and overly restrictive parameters for permitting home occupations and Page 1

2 C that the proposed text amendments are appropriate considering the needs of the Pahrump Community and a fair and equitable manner in which to regulate the numerous home occupations in the community. NOW, THEREFORE, the Board of County Commissioners of the County ofnyc, State of Nevada, does hereby adopt, promulgate and order compliance therewith within the Pahrump Regional Planning District, the following amendments and regulations: NYE COUNTY CODE CHAPTER IS AMENDED BY REVISING THE DEFINITION OF HOME OCCUPATION AND REVISING SECFION C. ITEMS 1 THROUGH 6 AS FOLLOWS: (NOTE: Underline indicates new text, otrikcthrough indicates deleted text) NCC Section is amended as follows: Home Occupation. Also known as a home-based business, is any activity carried out for gain by a resident with no other headquarters location and is conducted as, an accessory use at the resident s dwelling unit. Home occupations are subject to Article VI of this Chapter. Residential Industry. The creation, construction, fabrication, or assembly of artwork or craftwork within a dwelling, or a permitted accessory building thereto. A. Specific uses permitted: pott work jewelry making, metal work woodworking, homemade clothing, leather work lapidary, painting, sculpture, and similar uses. B. No public display of stock in trade for sale shall be allowed outside the dwelling or accessory buildings, nor shall the use change the residential character of the dwelling. C. D. The use shall not cause any sustained, unpleasant or unusual noises, vibrations, noxious fumes or odors, nor cause any parking or traffic congestion within the immediate area thereof. NCC Section is amended as follows: HOME OCCUPATIONS HOME BASED-BUSINESSES AND RESIDENTIAL INDUSTRY A. Scope. This Chapter applies to all licensed home occupations and Residential Industries within the residential zoning districts. B. Purpose. The purpose of this Chapter is to provide for limited business uses in association with a dwelling unit where such uses will clearly not alter the exterior appearance of the residence or affect the residential character of the neighborhood. Residential industry shall be allowed in the single-family residential zoning districts on lots that are 20,000 square feet or larger. C. Requirements. Requirements are as follows: 1. The use of the dwelling or permitted accessory structure for purposes of the home-based business or residential industiy shall be clearly incidental and subordinate to its use for residential purposes. The home-based business or residential industry shall be conducted entirely within the dwelling unit or a permitted accessory structure and carried on by family members who reside on premise. Employees are permitted so long as they do not report for work at the property. Page 2

3 a. Within a dwelling unit, the home-based business or residential industry shall not exceed twenty-five (25%) percent of the gross floor area of the dwelling unit. b. Within an attached or dached accessory building, the home-based business or residential industry shall not change the residential character of the property. c. Within the Rural Homestead Zones, the home-based business may occupy up to thirty-(30%) percent of the floor area of the accessory structure if the accessory structure exceeds the size of the dwelling; if the accessory structure does not exceed the size of the dwelling the home-based business may occupy up to onehundred percent (100%) of the floor area of the accessory structure. 2. Signage must conform to Section of this Chapter. 3. No addition, alteration, or remodeling which would change the residential character of the unit. 4. No home occupation, home-based business or residential industry which would or might produce noise, fumes or odor, industry smoke, or electrical disturbance or in any way interfere with the peace, contentment, and general welfare of the area. Prohibited home-based business or residential industry include: automotive or equipment repair, automotive body or fender repair, commercial preparation of food for service on the premises, sexually-oriented businesses, Liquor sales or distribution, undertaking or funeral homes, medical or dental clinics, businesses related to or involving explosives or highly hazardous substances as defined by NRS , or any business activity that is regulated through the Conditional Use Permit Procedures. a. Beauty and barber shop including aesthetician services may be permitted in accordance with State regulations, and shall be limited to no employees and providing service to one (I) customer at a time. 6. The use of special equipment or the repair or the manufacture of goods or equipment may be subject to conditions. 7. There shall be no outdoor storage of goods or materials, supplies or solid wastes associated with the home-based business or residential industry. Merchandise shall not be displayed in a manner to be visible from outside of the dwelling or accessory structure 8. Truck deliveries to a home-based business or residential industry shall be limited to daily delivery by federal or private mail and/or express package delivery services. 9. Visitors or customers shall not exceed three (3) business related visitors per day. a. If the home-based business or residential industry is they type in which classes are held or instruction is given, the Zoning Administrator may approve up to eight (8) students at a time, if they find that there is sufficient parking, and the additional traffic will not cause congestion in the neighborhood. Page 3

4 10. No more than two (2) additional off-street parking spaces shall be established to accommodate the home-based business or residential industry. Any additional parking shall be approved by the Zoning Administrator. Parking shall be provided on an improved (asphalt or concrete) surface. 11. Home-based business and residential industry are assigned to the holder of the home-based business license and are not appurtenant to the land or structure RESIDENTIAL DISTRICTS E. General Provisions for Residential Districts. 10. Home Occupations, home-based businesses and residential industry are permissive in residential districts and must comply with Article VI of this Chapter RH RURAL HOMESTEAD RESIDENTIAL Home Occupations, home-based businesses and residential industry (sut!ject to the General RH RURAL HOMESTEAD RESIDENTIAL Home Occupations, home-based businesses and residential industry ( subject to the General RE-2 - RURAL ESTATES RESIDENTIAL Home Occupations, home-based businesses and residential industry (subject to the General RE-I-RURAL ESTATES RESIDENTIAL Home Occupations, home-based businesses and residential industry.(subject to the General SE - SUBURBAN ESTATES Home Occupations, home-based businesses and residential industry (subject to the General Page 4

5 VILLAGE RESIDENTIAL Home Occupations, home-based businesses and residential industry (subject to the General / VILLAGE RESIDENTIAL VR4 - VILLAGE RESIDENTIAL MV - MULTIFAMILY RESIDENTIAL MH - MOBILE HOME PARK Page 5

6 C 0 Effective Date. This Ordinance shall be in full force and effect from and after passage, approval, and publication as required by law, to wit, from and after the f)jh day of t4(jf,2008. Proposed on the I 8d day of March, Proposed by Commissioner: Gary Hollis. Adoptedonthej(dayof,2008. Vote: Ayes: Commissioners: U&k(.)O1kio oki( Nays: Commissioners: 0 1 [oi1is 1a5f Co.nier Absent: Commissioners: BYN)IUL &9fty Joni Eastley, Chairpessh Nyc County Board of County Commissioners AHESéLI fsidra am k41erlino P Clerk and Ex-ófflcio Clerk of the Board Bill # Ordinance# Page 6