All terms defined in Nevada Revised Statutes chapter 278, to include Nevada Revised Statutes 278.010 through 278.0195, are incorporated herein by this reference unless the terms are otherwise defined in this chapter.
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, unless their context clearly indicates that they are intended to have some other meaning.
Words used in the present tense include the future; the plural includes the singular; the word "shall" is always mandatory; the word "may" denotes a use of discretion in making a decision; and the words "used" or "occupied" shall be considered to be followed by the words "or intended, arranged, or designed to be used or occupied".
AGREEMENT TO INSTALL IMPROVEMENTS: An agreement that satisfies the requirements of section 3-3-21 of this chapter and other applicable provisions of this chapter, typically requiring a subdivider to install public improvements, dedicate rights-of- way and perform other acts for the benefit and protection of the City and the public in relation to a subdivision.
ALLEY: A passage or way, open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for the general traffic circulation.
BLOCK: A piece or parcel of land, or group of lots, entirely surrounded by natural or artificial barriers, such as public rights-of-way, streams or watercourses, railroads, parks, or a combination thereof.
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 LINE: A line demarcating the area between a building or other structure and the street right-of-way line beyond which no building or structure or portion thereof shall be erected, constructed, or otherwise established.
CITY COUNCIL: The City Council of the City of Elko.
CODE: The Elko City Code.
COMMISSION: The City of Elko Planning Commission.
COMMUNICATION LINES: Conduit, cables, fiber and/or other apparatus for the distribution and provision of telecommunications and/or broadband communications.
COMMUNICATION SERVICE LINES: Communication lines.
CONDITIONAL APPROVAL: A decision by the Planning Commission or City Council to approve a tentative map, provided certain specified conditions are satisfied.
CONSTRUCTION PLANS: Plans, profiles, cross-sections and other drawings showing required details for the construction of subdivision improvements, prepared in conjunction with the final map, and submitted by a properly licensed engineer in compliance with standards of design and construction approved by the City.
CUL-DE-SAC: A street opening at one end and having a turnaround at the other end.
DEDICATION: The deliberate appropriation of land by its owner for any general or public use, reserving unto himself no other right than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been appropriated.
DENSITY: A number, represented in units of lots per acre, calculated by dividing the number of lots in the subdivision by the total acreage of the subdivision.
DEVELOPER: A real property owner who divides land into two (2) or more parcels for transfer or development.
DEVELOPMENT MASTER PLAN: A comprehensive long-term strategic planning document for a subdivision prepared in accordance with section 3-3-4 of this chapter.
EASEMENT: An interest in land that confers a right of use for a special purpose.
ENGINEER'S ESTIMATE: An estimate of the total cost of public improvements prepared by the subdivider's engineer and provided to the City.
EXCEPTION: Any parcel of land that is located within the exterior boundaries of a subdivision but which is not included in the tentative or final map.
FINAL MAP: A map prepared in accordance with the provisions of Nevada Revised Statutes 278.325, 278.360 to 278.460, inclusive, 278.472, 278.4725 or 278.4955 and any applicable provisions of this Code, which, after approval and certification by the City, is recorded with the Office of the Elko County Recorder.
FINAL MAP APPROVAL: Final or conditional authorization by the City Council to obtain final map certification; provided, all applicable requirements of this chapter, to include sections 3-3-21 and 3-3-22 of this chapter, must be satisfied prior to final map certification; further provided, if final map approval is conditional, all conditions imposed by the City Council in conjunction with the approval must by satisfied prior to final map certification.
FINAL MAP CERTIFICATION: Unconditional approval of the final map by the City Council as evidenced by certification on the map by the Mayor of the City of Elko. Final map certification constitutes authorization to record the map with the Elko County Recorder.
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.
GRADING: The removal of the vegetative cover from the surface of any land, and is a result of activity associated with new construction.
LED: Light-emitting diode.
LOT: A distinct part or parcel of land which has been divided, including the following:
A. Corner Lot: A lot abutting on two (2) or more intersecting streets.
B. Double Frontage Lot: A lot abutting two (2) parallel or approximately parallel streets.
C. Interior Lot: A lot having but one side abutting on a street.
D. Key Lot: An interior lot, one side of which is contiguous to the rear line of a lot.
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:
A. 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.
B. 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.
C. 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; all other side lot lines are designated as interior side lot lines.
LOT WIDTH: A. In the 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.
MASTER PLAN: A comprehensive, long-term general plan for the physical development of the City prepared in accordance with Nevada Revised Statutes 278.150, et seq.
OWNER: Any person who holds title to land or who is contractually obligated to purchase land.
PARCEL MAP: A map required for the division of land for transfer or development into four (4) lots or less in the manner set forth in Nevada Revised Statutes 278.461, 278.462, 278.463, 278.464 or 278.466, and this Code.
PEDESTRIANWAY: A public or private walk through a block from street to street or from a street to a school, park, recreation area or other public facility.
PERFORMANCE AGREEMENT: An agreement to install improvements.
PERFORMANCE GUARANTY: The financial security required to guarantee the construction of public improvements and other matters as set forth in section 3-3-22 of this chapter.
PERSON: 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. The term does not include a government, governmental agency or political subdivision of a government.
PUBLIC IMPROVEMENT: Street work, utilities and other improvements to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.
PUBLIC IMPROVEMENT STANDARDS: A set of standards adopted by the City Council regulating the design and construction of public improvements. These standards are contained in the latest edition of the "Standard Specifications for Public Works Construction" also known as the "Orange Book", which is distributed to the cities and counties of northern Nevada by the Regional Transportation Commission of Washoe County.
PUBLIC UTILITIES: Underground, aboveground or overhead facilities furnishing to the public, electricity, gas, steam, communications, water, drainage, sewage disposal, flood control, irrigation or refuse disposal, owned and operated by any person, firm, corporation, Municipal department or board duly authorized by State or Municipal regulations. The term "public utilities", as used herein, may also refer to such persons, firms, corporations, departments or boards, as the context indicates.
REQUIRED IMPROVEMENTS: Enhancements to land to make the land more usable for public and/or private purposes, as more specifically set forth in section 3-3-20 of this chapter.
RIGHTS-OF-WAY: All public and private rights-of-way and all areas required for public use in accordance with any master plan or parts thereof.
SETBACK LINE: Building line.
STREET: Any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access; or, a street shown in a map heretofore approved pursuant to law; or, a street in a map duly filed and recorded in the County Recorder's Office. A street includes all land within the street right-of-way, whether improved or unimproved, and includes such improvements as pavement, shoulder, curbs, gutters, sidewalks, parking space, bridges, viaducts, lawns and trees. For purposes of this chapter, the following definitions apply to specific types of streets:
Alley: A public way providing secondary vehicular access and service to properties which also abut a street.
Arterial And Minor Arterial Streets: A general term describing large major streets, including freeways, expressways and interstate roadways, and State and/or County highways having City and regional continuity.
Collector Residential And Local Residential Streets: City streets serving the primary function of providing access to abutting property:
A. Cul-De-Sac Street: A short collector residential and local residential street having one end permanently terminating in and including a vehicular turning area.
B. Marginal Access Street: A collector residential and local residential street parallel to and abutting an arterial street which provides access to abutting property, intercepts other collector residential and local residential streets, and controls access to the arterial street.
Collector Street: A street generally with limited continuity serving the primary function of moving traffic between arterial streets and local residential streets, and the secondary function of providing access to abutting properties.
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 to and from the public street system to properties created through the division 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.
SUBDIVIDER: A developer who commences or is engaged in the process required by Nevada Revised Statutes chapter 278 and this chapter for dividing land into parcels or creating a subdivision.
SUBDIVIDER'S ENGINEER: A professional engineer, properly licensed by the State of Nevada and retained, contracted or employed by the subdivider for the purpose of satisfying the requirements of section 3-3-21 of this chapter, and to oversee and certify the subdivision in the manner required by this chapter.
SUBDIVISION: Any land, vacant or improved, which is divided or proposed to be divided into five (5) or more lots, parcels, sites, units or plots, for the purpose of any transfer or development, or any proposed transfer or development, unless exempted by Nevada Revised Statutes 278.320 or any other applicable statute.
SUBDIVISION IMPROVEMENT: An improvement to land that a subdivider is required to construct and complete at its own expense, pursuant to the requirements of this chapter and an agreement to install improvements.
SUBDIVISION REVIEW COMMITTEE: A committee consisting of representatives of the City Manager's Office, the City Engineering Department, the City Utility Department, the City Planning Department, the City Development Department, the City Public Works Department, the City Fire Department, and the Planning Commission Chair or Vice Chair.
TENTATIVE MAP: A map made to show the design of a proposed subdivision and the existing conditions in and around it.
TENTATIVE MAP APPROVAL: Approval of a tentative map by the City Council. Tentative map approval constitutes authorization to proceed with preparation of construction plans and the final map.
TRACT: An area of land proposed to be divided pursuant to this chapter.
TRANSPORTATION COMPONENT OF THE MASTER PLAN: A plan adopted by the Planning Commission and City Council which provides for development of a system of major streets and highways. (Ord. 834, 11-27-2018)