3-2-2: DEFINITIONS:

The following terms, whenever used in this chapter, shall have the meanings indicated. Words used in the present tense include the future tense; words in the singular include the plural, and vice versa. The word "shall" is always mandatory, and the word "may" is permissive. The word "persons" includes an association, firm, partnership or corporation, as well as an individual. The word "occupied" and the word "used" shall be considered as meaning the same as the words "intended", "arranged" or "designed to be used or occupied". The word "dwelling" includes the word "residence"; the word "lot" includes the words "plot" or "parcel".

ABUTTING:	The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only at a corner or corners, but not including cases where adjoining lots are separated by a street or alley.
ACTION:	The decision made by the reviewing authority on a land use application, to include any conditions of approval.
ADJOINING, ADJACENT:	The condition of being near to or close to, but not necessarily having a common dividing line; e.g., two (2) properties which are separated only by a street or alley shall be considered as adjoining one another.
ADULT BOOKSTORE:	For the purposes of this chapter, means an establishment which merchandises printed material or movies which are intended to appeal to the prurient interests of the reader.
ADULT CARE FACILITY:	An establishment that furnishes food, shelter, assistance and limited supervision only during the day to unrelated person(s) with an intellectual disability or with a physical disability who is aged or infirm.
ADULT MOTION PICTURE THEATER:	A motion picture theater whose program, during the time of its operation, contains one or more motion pictures which are rated "X" by the Code Rating Administration of the Motion Picture Association of America or are not rated, and whose program is intended to appeal to the prurient interests of the viewer.
AGRICULTURE:	The practice of cultivating the soil, producing crops and raising livestock.
ALLEY:	A. A street or highway within a City block set apart for public use, vehicular traffic and local convenience; B. A street or highway which primarily furnishes access to the rear entrances of abutting property.
APARTMENT:	A room or suite of rooms with facilities for the preparation of meals that is designed for and used or intended to be used by one family and that is intended to be occupied on a rental basis with a rental period of at least one week.
APPLICANT:	A person who submits an application to the Planning Department.
APPLICATION:	A written request for a permit on a form approved by the City.
AWNING:	An architectural projection that provides weather protection, identity or decoration and is partially or wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which a covering is attached.
BUILDING:	Any structure, regardless of whether it is affixed to real property that is used or intended for supporting or sheltering any human use or occupancy.
BUILDING, ACCESSORY:	A detached subordinate building on the same lot with a principal building or use, the use of which is customarily accessory and incidental to the main use of the principal building or use.
BUILDING, ACCESSORY, NON-PERMANENT:	A detached building that is not attached to or set upon a permanent foundation, such as a greenhouse, garden shed, storage shed, or other building designed to store garden tools, bicycles, holiday decorations, or similar items and that is usually purchased at a retail establishment.
BUILDING, ACCESSORY, PERMANENT:	A detached building attached to or set upon a permanent foundation and/or connected to utilities, such as a greenhouse, pole barn, garage, or other building designed to store household items and/or vehicles and that is usually built on-site.
BUILDING HEIGHT:	The vertical distance measured from grade to the highest point of the building.
BUILDING INSPECTOR:	Qualified employee of the City of Elko Building Department delegated to do building inspections and enforce applicable portions of this Code.
BUILDING, PRINCIPAL:	A building, or where the context so indicates, a group of buildings, within which is conducted the principal use of the lot on which the building is situated.
CAMPING:	The use of real property owned or occupied by another person for living accommodation purposes outside of a structure that is affixed to the ground, to include uses such as, without limitation, the following when done in connection with outdoor living: a) overnight sleeping activities or making preparations to sleep overnight outside of a motor vehicle, recreational vehicle or trailer, such as the laying down of bedding on the ground for the purpose of sleeping overnight; b) storing personal belongings outside of a structure in connection with overnight sleeping activities; c) cooking outdoors or making a fire for the purpose of cooking food outdoors as approved by the City; or d) using any tent, shelter or other mobile structure for sleeping overnight. "Camping" does not include using a motor vehicle, recreational vehicle or trailer as long-term shelter, for living accommodation purposes or for the purpose of storage of belongings.
CARPORT:	An accessory building, attached or detached, having two (2) or more open sides, used by occupants of the principal building for automobile shelter or storage.
CERTIFICATE OF OCCUPANCY:	A document issued by the building official certifying that work performed by a permittee is in compliance with this title and is in a condition suitable for the indicated use or occupancy. The term “building official” shall have the meaning ascribed in Section 2- 1-2(C) of the Code.
CHILDCARE CENTER:	A childcare facility providing care for more than twelve (12) children.
CHILDCARE FACILITY:	An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis during the day or overnight, to five (5) or more children under eighteen (18) years of age, if compensation is received for the care of any of those children and provided that such establishment is licensed by the State and operated in accordance with State requirements.
CHILDCARE FAMILY HOME:	A childcare facility providing care for not less than five (5) children and not more than six (6) children.
CHILDCARE GROUP HOME:	A childcare facility providing care for not less than seven (7) children and not more than twelve (12) children.
CITY COUNCIL:	The Mayor and City Council of the City of Elko, Nevada.
CLINIC:	A building, or part thereof, in which ambulatory patients are provided diagnostic, therapeutic or preventative medical, surgical, dental or optical treatment by a group of doctors acting jointly, but not providing for overnight residence of patients.
CODE:	The Elko City Code.
COMMON OPEN SPACE:	A parcel or parcels of land, or an area of water, or a combination of land and water, within the site designated for planned unit residential development which is designed and intended for the use or enjoyment of the residents of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of such residents.
CONDITIONAL USE:	A use permitted in zoning district regulations subject to a finding by the Planning Commission that all special conditions and requirements imposed shall be met.
CONDOMINIUM:	A multi-family dwelling or commercial building within which the occupied area is owned individually and the structure, land, common open space areas and facilities are owned by all of the owners on a proportional, undivided basis.
CONSTRUCTION YARD:	An area on, abutting or adjacent to a major construction or demolition site used on a temporary basis for the parking and storage of equipment used in the project, and the storage and preparation of materials and other items used in the project, including construction offices and shops.
CONVALESCENT HOME:	See definition of nursing or convalescent home.
DESIGN PROFESSIONAL:	Unless specifically provided otherwise, a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of the Nevada Revised Statutes, or a person primarily engaged in the practice of professional engineering, land surveying architecture or landscape architecture.
DEVELOPMENT PLAN:	A location-specific written document containing the information required by this chapter and demonstrating the feasability of a proposed commercial or other development. A development plan is in addition to and not in lieu of a site plan.
DRIVE-IN ESTABLISHMENT:	A business enterprise, activity or use of land consisting of sales or services rendered to patrons who normally receive the products or utilize the services while in motor vehicles upon the premises, including, but not limited to, gas service stations, drive-in restaurants, drive-in laundry and dry cleaning pick up, and drive-in bank.
DRIVE-THROUGH:	The use of a dedicated drive lane that, incidental to a principal use, provides access to a station, such as a window, door or mechanical device, from which occupants of a motor vehicle receive or obtain a product or service.
DROUGHT TOLERANT PLANT:	A plant that can survive with minimum supplemental water.
DWELLING, MULTIPLE-FAMILY:	A building or group of buildings that contains three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY:	A building that consists solely of one (1) dwelling unit and which is constructed under the Building Code in accordance with title 2 of this Code, and which also includes manufactured homes developed to specific standards in accordance with subsection 3-2-3Q of this chapter.
DWELLING, TWO- FAMILY:	A building that contains two (2) attached single-family dwelling units totally separated from each other by an unpierced wall and located on the same lot or parcel.
DWELLING UNIT (DU):	A single unit providing complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
ERECTED:	Built, constructed, altered, reconstructed or moved upon; any physical operations on a premises which are required for construction, excavation, fill, drainage and the like, shall be considered a part of erection.
ESSENTIAL SERVICE:	The erection, construction, alteration or maintenance by a public utility of underground, surface or overhead gas, electrical, steam, water transmission or distribution systems, communication, supply or disposal systems, poles, wires, mains, drains, sewers, pipes, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities for the public health, safety or general welfare, not including buildings, electric substations and transmission towers.
EXCAVATION:	Any breaking of ground, except common gardening and grounds care, and general agriculture.
FAMILY:	An individual living alone; or, one (1) or more persons living together who are related by blood, marriage or other legal bond, and their dependents; or, a group of not more than five (5) unrelated persons living together as a single household in a dwelling unit. A "family" includes its domestic employees.
FOUNDATION:	A structure that supports a building or structure from underneath, typically made of stone or concrete.
FULL FRONTAGE:	All lot lines of any lot, parcel or tract of property adjacent to a road, street, alley or right-of-way, to include lots, parcels or tracts containing multiple borders or edges, such as corner lots.
GARAGE:	A covered or enclosed outbuilding or part of a building designed for housing motor vehicles, boats, or trailers.
GAS SERVICE STATION:	An establishment retailing motor fuels and lubricants directly to the public on the premises, including incidental sale of minor auto accessories and services.
GOVERNING BODY:	The City Council.
GRADE:	The average elevation of the finished ground surface adjacent to the exterior walls of a building or base of a structure.
HALFWAY HOUSE FOR RECOVERING ALCOHOL AND DRUG ABUSERS:	A residence that provides housing and a living environment for recovering alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term "halfway house for recovering alcohol and drug abusers" does not include a facility for transitional living for released offenders.
HOME OCCUPATION:	A business customarily carried on in a business establishment that is permitted to be carried out in a residence as long as the use as a business is incidental to the primary residential purpose and the residential character of the property is not changed. Every person permitted to carry on a home occupation shall obtain an annual business license.
HOSPITAL:	A building, or group of buildings, in which sick or injured persons are given medical or surgical treatment, examination or care, including overnight residence, together with related facilities, e.g., laboratories, training facilities, staff residences, outpatient department and similar facilities which are an integral part of the principal use.
HOTEL, MOTEL, or HOTEL SUITES:	A building, or group of buildings, used primarily for accommodation of transient guests in rooms or suites.
HUMANITARIAN CAMPGROUND:	A designated area that serves a humanitarian purpose by allowing people, with permission from the owner or occupier of the land, to engage in camping and that may or may not have toilets, showers and/or other amenities for campers to use.
HUMANITARIAN PURPOSE:	A use which is not for profit and which is designed to allow people who are homeless or who cannot occupy their homes due to lack of utilities or other causes, to engage in life sustaining activities, such as eating and sleeping.
JUNKYARD:	An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" includes automobile wrecking yards and any area of more than one hundred twenty (120) square feet for storage, keeping or abandonment of junk, but does not include uses confined entirely within enclosed buildings.
LANDOWNER:	The legal or beneficial owner or owners of all the land proposed to be included in the planned unit development. The holder of an option or contract of purchase, and lessee having a remaining term of not less than thirty (30) years, or another person having an enforceable proprietary interest in such land, is a "landowner" for the purposes of this chapter.
LICENSED HOUSE OF PROSTITUTION:	A licensed commercial enterprise maintained for the convenience and resort of persons desiring lawful sexual intercourse.
LOADING SPACE:	An off-street space provided for the temporary parking of a vehicle while loading or unloading merchandise or materials, situated on the same lot with a building and entirely outside the right-of-way of any public street or alley.
LOFT:	A floor level located more than 30 inches (762 mm) above the main floor, open to the main floor on one or more sides with a ceiling height of less than 6 feet 8 inches (2032 mm) and used as a living or sleeping space.
LOT:	A distinct part or parcel of land separated from other pieces or parcels by description, identified as such in a subdivision or on a record survey map, or described as such by metes and bounds, with the intention or for the purposes of sale, lease, or separate use, or for the purpose of building, including the following types of lots: Corner Lot: A lot abutting two (2) or more intersecting streets. Double Frontage Lot: A lot abutting two (2) parallel or approximately parallel streets. Interior Lot: A lot having only one (1) side abutting a street. Key Lot: An interior lot, one (1) side of which is contiguous to the rear line of a corner lot.
LOT AREA:	The total area of a lot within the lot lines as measured on a horizontal plane.
LOT COVERAGE:	That part or percentage of a lot occupied by principal and/or accessory buildings.
LOT DEPTH:	The shortest distance, measured on a line parallel to the axis of the lot, between points on the front and rear lot lines.
LOT LINE:	A line bounding a lot, including the following types of lot lines: Front Lot Line: The lot line coinciding with the street line; or, in the case of a corner lot, the shorter of two (2) lot lines coinciding with street lines; or, in the case of a double frontage lot, both lot lines coinciding with street lines. Rear Lot Line: The lot line opposite and farthest from the front lot line; for a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than ten feet (10') long and wholly within the lot. Side Lot Line: Any lot line other than a front or rear lot line; in the case of a corner lot, the lot line abutting the side street is designated as the exterior side lot line and all other side lot lines are designated as interior side lot lines.
LOT OF RECORD:	A lot which is part of a subdivision plat or other type of map used for the purpose of dividing or merging parcels of land, recorded in the Elko County Recorder's Office prior to the effective date hereof; or, a lot or parcel described by metes and bounds and having its description recorded in the Elko County Recorder's Office prior to the effective date hereof.
LOT WIDTH:	A. In case of a rectangular lot or a lot abutting on the outside of a street curve, the distance between side lot lines measured parallel to the street or to the street chord and measured on the street chord. B. In the case of a lot abutting on the inside of a street curve, the distance between the side lot lines measured parallel to the street or the street chord at the rear line of the dwelling, or, where there is no dwelling, thirty feet (30') behind the minimum front setback line.
MAJOR ELECTRICAL TRANSMISSION LINE:	Any electrical line carrying an electrical load of sixty six (66) kV and above.
METALLURGY:	The reduction or extraction of metals from their ores by mechanical, physical or chemical methods, including their refinement and preparation for use as raw materials.
MINING:	The extraction from the earth of gravel, stone, sand, and metallic or nonmetallic ore, and the crushing, washing, grading, storage and loading for transportation thereof.
MIXED USE:	Combination of different uses including residential use within a shared building.
MOBILE HOME:	As defined in the City of Elko mobile home ordinance. 1
MOBILE HOME LOT:	As defined in the City of Elko mobile home ordinance. 2
MOBILE HOME PARK:	As defined in the City of Elko mobile home ordinance. 3
NONCONFORMING USE:	Uses existing at the time of adoption of this chapter, but not in accordance with the provisions and requirements contained herein.
NURSING OR CONVALESCENT HOME:	An establishment providing bed care, or chronic or convalescent care, for one (1) or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves; excluding, however, institutions for the care of alcoholics, drug addicts, and persons with mental or communicable diseases.
OFF STREET:	Land which is not within the right-of-way of any street or alley.
PARK AND RIDE FACILITIES:	Parking lots which are intended to allow commuters to park their vehicles and then transfer to some form of mass transportation, such as buses, trains or carpools.
PARKING LOT:	An area other than for single-family dwellings used for the off street parking of more than two (2) motor vehicles, including parking spaces, access and maneuvering aisles.
PARKING SPACE:	A fully accessible space adequate for the temporary parking of permitted vehicles, situated entirely outside the right-of-way of any public street.
PARTIES IN INTEREST:	A term identifying the owners of property within three hundred feet (300') of specific property.
PERSON:	Except where otherwise indicated, a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization, or a government, governmental agency or political subdivision of a government.
PLANNED COMMERCIAL DEVELOPMENT:	An area of one or more parcels to be developed as a single project which is planned, operated and maintained by one entity and contains a number of commercial uses to include but not limited to mixed- use community shopping centers, office parks, and other similar commercial developments.
PLANNED SHOPPING CENTER:	A business development not divided by a street and characterized by an organized and concentrated grouping of retail and service outlets served by a common circulation and parking system.
PLANNED UNIT DEVELOPMENT:	An area of land controlled by a landowner, which is to be developed as a single entity for a number of dwelling units, the plans for which do not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one (1) residential district created, from time to time, under the provisions of this chapter.
PLANNING COMMISSION:	The City of Elko Planning Commission.
PRIVATE GARAGES:	An enclosed accessory building, attached or detached, used for storage of motor vehicles used by occupants of the principal building and providing no public shop or services in connection therewith.
PROJECT:	A commercial development consisting of buildings, structures and other improvements built and arranged according to a single plan.
PUBLIC UTILITY:	Any person, firm, corporation, municipality or Municipal board duly authorized under State or Municipal regulations, to furnish to the public electricity, gas, steam, communications, water, drainage, flood control, irrigation, garbage or trash disposal, or sewage disposal.
PROHIBITED USE:	A use that is not permitted by any means in a particular zoning district.
RAILROAD USE:	The occupation and use of land, buildings and structures for purposes directly connected with rail transportation of articles, goods and passengers, including such facilities as tracks, sidings, signal devices and structures, shops and yards for maintenance and storage of rail machinery, loading platforms, passenger and freight terminals, but excluding warehouses, stockyards, grain elevators, truck freight terminals and yards, and similar facilities, which are maintained and operated by the owning railroad company or by a lessee for purposes auxiliary to rail transportation.
RECREATION AND SOCIAL CLUBS:	Buildings and grounds used for and operated by membership of fraternal organizations primarily not for profit, including golf clubs, tennis clubs, riding clubs, American Legion halls, Elks Club, and similar facilities.
RECREATIONAL VEHICLE:	A vehicle self-propelled or otherwise, designed to temporarily shelter persons en route on a recreational or vacation trip. "Recreational vehicle" includes truck mounted campers, and self-propelled travel vans.
RECREATIONAL VEHICLE PARK:	A lot, parcel or tract of land, having as its principal use the rental of space of temporary short term, transient occupancy by two (2) or more recreational vehicles, including any accessory buildings, structures and uses customarily incidental thereto.
REPAIR GARAGE:	An establishment where these services may be allowed: normal activities of a gas service station, general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision services such as body, frame or fender straightening and repair; general painting and undercoating of automobiles; high speed washing; auto, boat or trailer rental; and general sales of auto parts or accessories.
RESIDENTIAL ESTABLISHMENT:	A halfway house for recovering alcohol and drug abusers or a residential facility for groups.
RESIDENTIAL FACILITY FOR GROUPS:	An establishment that furnishes food, shelter, assistance and limited supervision to unrelated person(s) with an intellectual disability or with a physical disability who is aged or infirm. The term does not include an establishment which provides care only during the day, a natural person who provides care for no more than two (2) persons in his own home, a natural person who provides care for one (1) or more persons related to him within the third degree of consanguinity or affinity, a halfway house for recovering alcohol and drug abusers, or a facility funded by a division or program of the Nevada Department of Health and Human Services.
RETAIL USE:	A commercial establishment selling goods at retail; however, a home occupation shall not be considered as a retail use.
ROADWAY CLASSIFICATION:	All roadway classifications shall be determined in accordance with the Transportation Component of the City of Elko Master Plan.
ROOMING OR BOARDING HOUSE:	A building other than a hotel or motel where, for compensation and by prearrangement for definite periods of time, with or without meals, lodging is provided for individuals who are not members of a resident family and not occupied by a single-family unit.
SCHOOL:	A public or private building, or group of buildings, used for purposes of primary or secondary education, meeting all requirements of the Compulsory Education Laws of the State of Nevada.
SCREEN WALL:	A masonry wall or opaque fence so constructed as to prevent the view of enclosed activities or uses from without.
SERVANT QUARTERS:	An attached or detached building, or part thereof, housing persons employed on the premises.
SERVICE CLUBS:	Buildings and grounds used for and operated by nonprofit organizations whose membership is open to any resident of the community, including YMCA, YWCA, Boy Scouts, Girl Scouts, Boys Club and any similar organizations having as its primary objective the improvement of the district, neighborhood or community and its social welfare.
SETBACK:	The minimum horizontal distance between a lot line and the nearest point of a building, structure or use, as the context indicates, located on a lot. "Setback" shall not include eaves of the building.
SITE PLAN:	An architectural, engineering, and/or landscape architectural plan drawn to scale showing the physical layout of the site, including the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, the proposed finished grades and, as applicable, flood hazard areas, floodways, design flood elevations, and any other information pertaining to the physical layout of the site required by the building official.
STORY:	That portion of a building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the topmost floor and the roof having a usable floor area at least one-half (½) that of the floor area of the floor immediately below. A basement shall be considered a story when fifty percent (50%) or more of its cubic content is above grade.
STREET:	A dedicated public way which affords the principal means of vehicular access to abutting property.
STREET LINE:	A line demarcating the limits of a street right-of-way.
STREET, PRIVATE:	A nondedicated, privately owned right-of-way or limited public way that affords the principal means of emergency and limited vehicular access and connection from the public street system to properties created through the division or subdivision of land.
STREET, PUBLIC:	A dedicated public right-of-way that is part of the public street system and which affords the principal means of emergency and general vehicular access to abutting property.
STRUCTURE:	Something built or constructed that may be placed upon or affixed to real property for a purpose, such as storage or protection from the elements. The term “structure” includes, without limitation, a building, a non- permanentized mobile home or an unattached shed placed on skids.
SWIMMING POOL:	Any constructed pool, used for swimming, bathing or wading, whether above or below the ground surface and regardless of depth or water surface area.
TEMPORARY USE OR BUILDING:	A use or structure permitted under the terms of this chapter to exist for a limited period of time.
TINY HOUSE:	A dwelling that is 400 square feet (37m2) or less in floor area excluding lofts.
TOWNHOUSE OR ROW HOUSE:	A row or cluster of at least three attached dwellings in which each dwelling is located on separately owned lot, each unit is separated by one or more common vertical walls, each unit has its own front and rear yard access, and no unit is located over another unit. A townhouse complex may include common open space and recreational areas and facilities which are owned by all owners on a proportional, undivided basis.
USABLE FLOOR AREA:	A term used in computing parking requirements, meaning the aggregate area of a building measured to the interior area, similarly measured, or each additional story which is connected to the first story by a fixed stairway, escalator, ramp or elevator, and the floor area of all accessory buildings, measured similarly, but excluding that part of any floor area which is occupied by heating, ventilating, or other permanently installed equipment required for operation of the building, and by unenclosed porches, light shafts, public corridors and public toilets. For uses not enclosed within a building, the area for sales, display or service shall be measured to determine equivalent usable floor area.
USE:	The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied. The principal use is the main use to which the premises are devoted and the main purpose for which the premises exist. An accessory use is a use subordinate to the principal use on a lot and used for purposes clearly incidental to those of the principal use.
VARIANCE:	A modification of the literal enforcement of the technical provisions and requirements of this chapter. The applicant for variance shall present adequate evidence to support the granting of a variance in accordance with section 3-2-22 of this chapter.
WORK:	The construction, erection, installation, production, activity, manufacture, labor or operation that goes into the making of any improvement to or alteration of real property, to include buildings, structures and building service equipment systems.
YARD:	An open space located between any portion of a building and the nearest lot line, or the nearest adjacent building or group of buildings, as the context indicates, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT:	A yard extending across the full width of the lot and having a depth equal to the horizontal distance between the nearest point of the principal building and the front lot line, measured at right angles to the front lot line.
YARD, NONREQUIRED:	Any yard with dimensions exceeding those required herein.
YARD, REAR:	A yard extending across the full width of a lot and having a depth equal to the horizontal distance between the nearest point of the principal building and the rear lot line, measured at right angles to the rear lot line.
YARD, REQUIRED:	A yard having the minimum dimensions required herein.
YARD, SIDE:	A yard extending from the front lot line to the rear lot line between a side lot line and the principal building, and having a width equal to the horizontal distance between the nearest point of the principal building and the side lot line, measured at right angles to the side lot line. (Ord. 818, 4-25-2017; amd. Ord. 860, 5-25-2021; Ord. 880, 8-8-2023)

 

3-2-3: GENERAL PROVISIONS:

   A.   Interpretation: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other power granted by the Nevada Revised Statutes.

   B.   Street, Utility And Other Public Improvement Requirements: The following restrictions shall apply:

      1.   Generally, all lots shall abut and access a public street connecting with the public street system in order to provide for orderly growth, vehicular circulation and to ensure accessibility to utilities and emergency services. A condominium or townhome project shall be considered one (1) lot for purposes of this specific requirement.

      2.   Lots may abut and access a private street connecting with the public street system in the following circumstances:

         a.   Within a PC (Planned Commercial) District in conformance with an approved concept development plan.

         b.   Within an IBP (Industrial Business Park) District in conformance with an approved concept development plan.

         c.   Within a PUD (Planned Unit Development) District in conformance with an approved site development plan.

         d.   Within an RMH (Residential Mobile Home) District in conformance with an approved site development plan.

         e.   For residential, commercial or industrial developments involving four (4) or fewer lots and where the length of the private street, from the nearest public street to the lot being accessed, does not exceed six hundred eighty feet (680').

      3.   Building permits may be issued for lots which abut undedicated portions of a partly dedicated public street.

      4.   A building permit shall not be issued for any lot for which City public sewerage and water supply is not available, unless the City Council grants a waiver of the mandatory connection to public sewer requirement pursuant to subsection 9-5-61B of this Code.

      5.   All utilities shall be placed underground, except for lots of record.

      6.   Public street and utility construction and installation is required across the full frontage of property at time of development.

      7.   Requirements for sidewalk, curb and gutter construction may be applicable as set forth in Elko City Code Section 8-21-3.

   C.   Use Restrictions: The following use restrictions shall apply:

      1.   Principal Uses: Only those uses and groups of uses specifically designated as "principal uses permitted" in zoning district regulations shall be permitted as principal uses; all other uses shall be prohibited as principal uses.

      2.   Conditional Uses: Certain specified uses designated as "conditional uses permitted" may be permitted as principal uses subject to special conditions of location, design, construction, operation and maintenance hereinafter specified in this chapter or imposed by the planning commission or city council.

      3.   Accessory Uses: Uses normally accessory and incidental to permitted principal or conditional uses may be permitted as hereinafter specified.

      4.   Unspecified Uses: The listing of groups of permitted uses is intended to establish the character of uses to be permitted, but not to include each and every use which may be permitted. Unspecified uses may be imposed by the planning commission upon evidence and determination that such uses are closely similar in character to and not typically more objectionable than other uses actually listed as permitted.

      5.   Temporary Uses: Certain temporary uses such as interim administrative and sales offices, sales offices for mobile and manufactured homes, model home sales complex for residential subdivisions, materials storage, mixing, assembly, manufacturing of a portable nature and similar uses determined to be functionally comparable, and, as specified in this subsection C5, temporary emergency shelters, temporary camping and temporary campgrounds may be permitted by temporary use permit.

         a.   "Temporary emergency shelters" are defined as enclosed and unenclosed locations, to include structures and portions of structures, used for temporary occupancy by individuals and families who are homeless or who cannot occupy their homes due to lack of utilities or other causes. Temporary emergency shelters may be permitted, but only within C (general commercial), LI (light industrial) and GI (general industrial) zoning districts.

         b.   "Temporary camping" means to use real property owned or occupied by another person for living accommodation purposes for a limited period of time outside of a structure that is affixed to the ground, to include uses such as, without limitation, the following when done in connection with outdoor living:

            (1)   Overnight sleeping activities or making preparations to sleep overnight outside of a motor vehicle, recreational vehicle or trailer, such as the laying down of bedding on the ground for the purpose of sleeping overnight;

            (2)   Storing personal belongings outside of a structure in connection with overnight sleeping activities;

            (3)   Cooking outdoors or making a fire for the purpose of cooking food outdoors as approved by the city in the temporary use permit; or

            (4)   Using any tent, shelter or other mobile structure for sleeping overnight.

"Camping" does not include using a motor vehicle, recreational vehicle or trailer as long-term shelter, for living accommodation purposes, or for the purpose of storage of belongings.

         c.   "Temporary campground" means a designated area where people may, with permission from the owner or occupier of the land, engage in camping for a limited period of time and that may or may not have toilets, showers and/or other amenities for campers to use.

         d.   Temporary camping and temporary campgrounds may be permitted as temporary uses, but only within LI (light industrial) and GI (general industrial) zoning districts.

         e.   For purposes of this section, "overnight" is defined as the period from one-half (1/2) hour after sunset to sunrise.

         f.   For purposes of this section, "living accommodation purposes" is defined as uses and activities needed for or directly connected with the use of land for engaging in life sustaining activities.

         g.   The temporary use permit process for temporary camping and temporary campgrounds shall be subject to the following public hearing process: the city shall set a time and place for the public hearing before the planning commission on the application and the city shall send, by mail, notice of the time and place and purpose of the planning commission 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. 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. Applications for temporary use permits must be filed at least twenty one (21) days before the planning commission hearing.

         h.   Temporary use permits may be subject to such special conditions as may be imposed by the planning commission related to time frame, location, nature and character of the use and extent of on-site improvements. Application for a temporary use permit shall be filed with the planning department on a form provided for such purpose and shall include payment of a filing fee in an amount established by resolution of the city council.

      6.   Site Plan Review: Certain uses, structures, activities or uses requiring planning commission review or determination, inclusive of public buildings, public structures or other public developments such as parks, except those submitted as part of an application for a conditional use permit or temporary use permit, may be permitted upon formal review by the planning commission. The scope of the planning commission's review shall be limited to location, character and extent of improvements thereof, and shall be subject to such special conditions, relative to the defined scope of review, as may be imposed by the planning commission. Application for site plan review shall be filed with the planning department on a form provided for such purpose and shall include payment of a filing fee in an amount established by resolution of the city council.

   D.   Site Unsuitability: No land may be used or structure erected where the land is held by the planning commission to be unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, low bearing strength, erosion susceptibility, or any other features likely to be harmful to the health, safety and general welfare of the community. The planning commission, in applying the provisions of this section, shall state in writing the particular facts upon which its conclusions are based. The applicant shall have the right to present evidence contesting such determination to the city council if he or she so desires, whereupon the city council may affirm, modify or withdraw the determination of unsuitability.

   E.   Reduction Or Joint Use: No lot, yard, parking or loading area, building area, or other space, nor any part thereof, hereinafter required about or in connection with any building, shall be included as part of a yard area or space required for any other building, nor shall any yard or lot existing on the effective date hereof be reduced in dimension or area below the minimum requirements set forth in this title.

   F.   Building Height Regulations: No building shall exceed the heights allowed in the current city of Elko airport master plan.

   G.   Projections Into Required Yards; Residential Districts:

      1.   Awnings, open fire balconies, fire escape stairs, window type refrigeration units not exceeding one and one-half (11/2) tons or one and one-half (11/2) horsepower rating, suspended or roof evaporative coolers, and forced air furnaces, may project not more than five feet (5') over any required yard; provided, that they shall be no closer than two feet (2') to any lot line.

      2.   Cornices and eaves may project over any required yard, provided, that they shall be no closer than two feet (2') to any lot line.

      3.   Sills, belt courses and similar ornamental features may project not more than six inches (6") over or into any required yard.

      4.   Unroofed terraces, patios, steps or similar features may project into any required yard; provided, that projections into required front yards shall not exceed ten feet (10'). Roofed or covered terraces, patios, steps or similar features may project into the required rear yard no closer than ten feet (10') to the rear lot line, provided two (2) sides of the covered feature remain open.

      5.   Fireplaces may be allowed to encroach into required yards no closer than two feet (2') to any lot line.

      6.   Carports may be allowed to encroach into required side yards; provided, that two (2) sides of the carport remain open, that no portion of the carport structure be closer than three feet (3') to any side lot line, and all drainage from the roof of the structure shall be onto the property itself.

   H.   Exterior Lighting: All lighting for advertising off street parking or loading areas, or for the external illumination of buildings, shall be directed away from and shielded from any adjacent residential district and shall not detract from driver visibility on adjacent streets or highways, interfere with or cause driver confusion regarding traffic control devices, interfere with driver vision or create other traffic hazards.

   I.   Essential Services Permitted: Nothing in this chapter shall prevent the location, erection, construction, alteration or maintenance by a public utility of any "essential services", as herein defined.

   J.   Required Screen Walls: Under certain conditions, the planning commission may recommend that the city council require screen walls to separate incompatible uses; e.g., separation of abutting or industrial uses and residential uses. Such wall shall be constructed by the developer and approved by the city engineer or planning commission.

   K.   Nonrequired Fences, Walls And Hedges:

      1.   No fence, wall, tree, shrub or hedge may be allowed which would obstruct vision at street intersections in any residential district.

      2.   No fence or wall shall contain barbed wire, concertina razor wire, electrical current or charge of electricity, broken glass, or similar hazardous materials or devices; provided, however, that fences enclosing storage areas in industrial or commercial districts may use barbed wire extension arms on chainlink fences six feet (6') or higher, or may use concertina razor wire extension arms on chainlink fences seven feet (7') or higher. In addition, fences enclosing storage areas in industrial or commercial districts may use concertina razor wire extension arms on chainlink fences between six feet (6') and seven feet (7') in height so long as the concertina razor wire extension arm does not protrude more than six inches (6") out from the exterior vertical extension of the chainlink fence.

      3.   No nonbuilding wall or fence in any residential district shall exceed six feet (6') in height without a building permit.

   L.   Trash Enclosures: A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use other than single-family dwellings in every zoning district, except where an approved mechanically loaded steel bin is used for the purpose, or where a property is entirely surrounded by screen walls or buildings. Trash enclosures shall be so constructed that contents are not visible from a height of five feet (5') above grade on any abutting street or property.

   M.   Swimming Pools: Swimming pools, whether private, public or commercial, shall comply with the laws, rules and regulations of the city and state.

   N.   Signs: The provisions of the sign code as set forth in chapter 9 of this title shall apply.

   O.   Building And Electrical Codes: In all construction hereafter made within the city, the same shall be in accordance with title 2, chapters 2 and 6 of this code, and all other applicable provisions of this code.

   P.   Mobile Homes: Mobile homes are hereby expressly prohibited for living purposes outside the RMH district, except as stated in other chapters of this title. All requirements of chapter 5 of this title and all other applicable provisions of this code shall be adhered to with respect to standards for the RMH district.

   Q.   Manufactured Homes: Notwithstanding any other provisions in this code, manufactured homes are hereby recognized as a "principal permitted use" in all zoning districts which recognize single-family dwellings as a "principal permitted use", provided all of the following standards are complied with:

      1.   The manufactured home shall be placed on a foundation permanently affixed to the residential lot and qualify and constitute real property, as established by Nevada Revised Statutes chapter 361.

      2.   The manufactured home shall be manufactured within the five (5) years immediately preceding the date on which it is affixed to the residential lot.

      3.   The manufactured home shall utilize exterior siding consisting of or giving the appearance of stucco, masonry, wood, metal or vinyl and affixed to the dwelling unit in a continuous horizontal or vertical pattern similar in color, material and appearance to the exterior siding used on other single-family dwellings in the immediate vicinity.

      4.   The manufactured home shall utilize roofing materials consisting of asphalt shingles or equivalent roofing materials of comparable quality, similar in color, material and appearance to the roofing used on other single-family dwellings in the immediate vicinity. The manufactured home shall utilize a full height roof element with a minimum pitch of three to twelve (3:12). The roof element shall include a minimum overhang or projecting eave of twelve inches (12").

      5.   The manufactured home shall be multisectioned (doublewide or larger) with a minimum width or minimum depth of twenty four feet (24').

      6.   The manufactured home shall consist of at least one thousand two hundred (1,200) square feet of living area. A waiver can be filed and may be granted for a reduction of the living area based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity, in accordance with site plan review procedures pursuant to subsection C6 of this section.

      7.   Any elevated foundations shall be masked architecturally in a manner to blend and harmonize with exterior siding materials utilized on the manufactured home.

      8.   As provided in Nevada Revised Statutes, the provisions of this section do not abrogate recorded restrictive covenants prohibiting manufactured homes, nor do the provisions apply within the boundaries of a historic district established pursuant to Nevada Revised Statutes section 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.

   R.   Minimum Distance Between Residential Establishments: A minimum distance of at least one thousand three hundred twenty feet (1,320') shall be required between residential establishments. A residential establishment is defined in Nevada Revised Statutes section 278.02384 as:

   "Residential establishment means (1) a home for individual residential care in a community whose population is 100,000 or more, (2) a halfway house for recovering alcohol and drug abusers or (3) a residential facility for groups".

      1.   The definition of "individual residential care" is not applicable as the population of Elko County is less than one hundred thousand (100,000).    

      2.   "Halfway house for recovering alcohol and drug abusers" is defined in Nevada Revised Statutes section 449.008 as:   

      "Halfway house for recovering alcohol and drug abusers means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in Nevada Revised Statutes section 449.00455".

      3.   "Residential facility for groups" is defined in Nevada Revised Statutes section 449.017 as:   

      "Except as otherwise provided in subsection 2, residential facility for groups means an establishment that furnishes food, shelter assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person. The term does include:

         a.   An establishment which provides care only during the day;

         b.   A natural person who provides care for no more than two (2) persons in his own home;   

         c.   A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;   

         d.   A halfway house for alcohol and drug abusers; or   

         e.   A facility funded by a division or program of the department of human resources."

   S.   As Built Drawing: Except for the new construction of a single-family dwelling, prior to the issuance of a certificate of occupancy for any new construction, the applicant must submit to the City a complete and accurate as built drawing with survey data on the Elko grid (NAD 83 Nevada east zone ground elevation). The as built drawing must be submitted electronically in AutoCAD format and must be accompanied by a wet stamped and signed paper copy by the professional of record for the project. As used herein, the term "as built drawing" means a drawing that accurately depicts the locations of all improvements on the parcel or lot containing the new construction and any associated utilities or other public improvements constructed on other properties, which drawing shall, without limitation, include the structure(s) and all associated utilities and other public improvements. (Ord. 805, 12-13-2016; amd. Ord. 842, 8-13-2019)

3-2-4: ESTABLISHMENT OF ZONING DISTRICTS:

The entire City is hereby divided into zoning districts, within which zoning districts all property use shall hereafter conform to the requirements specified in this chapter, and which zoning districts are hereby classified as follows:

   A.   Types of Districts:

1.	Residential districts:
	RS	Residential Suburban District
	R1	Single-Family Residential District
	R2	Two-Family Residential District
	R3	Multiple-Family Residential District
	R	Single-Family and Multiple-Family Residential District
	RO	Residential Office District
	RB	Residential Business District
	RMH	Mobile Home Park and Mobile Home Subdivision District
2.	Nonresidential districts:
	PQP	Public, Quasi-Public District
	CC	Convenience Commercial District
	CT	Commercial Transitional District
	PC	Planned Commercial District
	C	General Commercial District
	IBP	Industrial Business Park District
	IC	Industrial Commercial District
	LI	Light Industrial District
	GI	General Industrial District
	RC	Restricted Commercial District
3.	Special districts:
	AG	General Agriculture District
	FP	Floodplain Overlay District
	SA	Special Area Overlay District
	PUD	Planned Unit Development District

 

   B.   Required Conformity to District Regulations: Except for nonconforming uses to the extent permitted under Section 3-2-19 or as otherwise provided in this subsection, the regulations set forth in this chapter for each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. Unless an appropriate conditional use has been permitted or a variance has been approved. The following restrictions shall apply in all zoning districts:

      1.   No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, moved, or structurally altered, unless in conformity with all regulations specified in this subsection, unless excepted, for the district in which it is located.

      2.   No building or other structure shall hereafter be erected or altered:

         a.   To exceed the heights required by the current City Airport Master Plan;

         b.   To accommodate or house a greater number of families than as permitted in this chapter; or

         c.   To occupy a greater percentage of lot area or

         d.   To have narrower or smaller rear yards, front yards, side yards or other open spaces, than required in this title, or in any other manner contrary to the provisions of this chapter.

      3.   No part of a required yard, or other open space, or off street parking or loading space, provided in connection with any building or use, shall be included as part of a yard, open space, or off street parking or loading space similarly required for any other building.

      4.   No yard or lot existing on the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth in this title.

   C.   Annexation of Territory to City: Proceedings for annexation of territory to the city shall be in accordance with Nevada Revised Statutes sections 268.610 through 268.671, inclusive. A petition for annexation, in writing, shall be presented to the city council. The city council shall consider said petition and may refer the matter to the planning commission for further consideration. The petitioner shall, prior to the consideration of the petition by the planning commission, pay a filing fee to the city in an amount established by resolution of the city council.

   D.   Classification Of Annexed Areas: All territory which is annexed to the city after the effective date hereof shall be zoned upon annexation AG general agriculture, unless the planning commission shall recommend and/or the city council shall otherwise designate the zoning district after holding duly advertised public hearings in accordance with section 3-2-21 of this chapter. As part of considering any petition for annexation of territory to the city, a review of conformance with the city master plan, including land use designation, shall be performed by the planning commission, with recommendations forwarded to the city council. If said annexation necessitates substantial amendment to the master plan, the planning commission may adopt such amendment only after holding duly advertised public hearings in accordance with Nevada Revised Statutes section 278.210.

   E.   Detachment of Territory from City: Proceedings for detachment of territory from the city shall be in accordance with Nevada Revised Statutes section 268.664. A petition for detachment, in writing, shall be presented to the city council. The city council shall consider said petition and may refer the matter to the planning commission for further consideration. The petitioner shall, prior to the consideration of the petition by the planning commission, pay a filing fee to the city in an amount established by resolution of the city council and included in the appendix to this code.

   F.   Classification of Vacated Streets: Whenever a public street or alley is vacated by official action of the city council, the zoning districts adjoining each side of such street or alley shall automatically be extended to the centerline thereof, and all land area thus vacated shall then and henceforth be subject to all regulations of the extended districts.

   G.   Official Zoning District Map:

      1.   Establishment: The areas and boundaries of zoning districts are hereby established as shown on the official city zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

      2.   Identification: The official city zoning map shall be entitled "Elko zoning map" and identified by the signature of the mayor, attested by the city clerk, bear the notations that it was adopted on the date this zoning ordinance was passed, and bear the seal of the city. Regardless of the existence of purported copies of the official city zoning map which may, from time to time, be made or published, the official city zoning map, which shall be located in a secure location designed by the city clerk, shall be the final authority as to the current zoning status of land areas, buildings, and other structures in the city.

      3.   Changes: If, in accordance with the provisions of this chapter, changes are made in district boundaries or in other matters portrayed on the city zoning map, such changes shall be made on said map promptly after the amendment has been approved and adopted by ordinance. No changes of any nature shall be made in the city zoning map or matter shown thereon, except in conformity with the provisions of this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as hereinafter provided.

      4.   Replacement: In the event that the city zoning map becomes damaged, destroyed, lost, or difficult to interpret due to the nature or number of changes and additions, the city council may, by ordinance, adopt a new city zoning map which shall supersede the former map. The new city zoning map may correct drafting or other errors or omissions in the former map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new city zoning map shall be identified by the signature of the mayor attested by the city clerk, and bear the seal of the city under the words:

         "This is to certify that this Elko zoning map adopted the (date) supersedes and replaces the Elko zoning map adopted (date of adoption of map being replaced) as part of the zoning ordinance of the city of Elko, Nevada".

      5.   Interpretation: Where, due to scale, lack of detail or illegibility of the city zoning map, there is an uncertainty, contradiction, or conflict as to the intended location of any district boundary shown thereon, the exact location of such boundary shall be determined by the city planner, who, in reaching a determination, shall apply the following standards:

         a.   Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, and centerlines of streets, alleys and rights of way, unless otherwise fixed by dimensions shown on the city zoning map.

         b.   In subdivided property, or where a zoning district boundary divides a lot, the exact location of such boundary shall be indicated by dimensions shown on the city zoning map.

         c.   If, after application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary, the city council shall determine and fix the location of such boundary in accordance with the purpose and intent of this chapter. (Ord. 547, 12-12-2000; amd. Ord. 861, 5-25-2021)