The following terms, whenever used in this Title, shall have the meanings indicated:
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.
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: An establishment which merchandise is printed material or movies which are intended to appeal to the prurient interests of the reader.
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; or
B. A street or highway which primarily furnishes access to the rear entrances of abutting property.
ARTERIAL STREET: As indicated in the officially adopted City of West Wendover Master Plan.
BLOCK: A piece or parcel of land or group of lots entirely surrounded by public rights of way, streams, railroads or parks or a combination thereof.
BUILDING: Any structure having a roof supported by columns or walls and used for the support, shelter or enclosure of persons, animals, personal property or chattels of any kind.
BUILDING, ACCESSORY: A 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. When attached to the principal building, such accessory building shall be considered a part of the principal building for purposes of setback and yard regulations.
BUILDING, HEIGHT: The vertical distance measured from grade to the highest point of the building.
BUILDING INSPECTOR: The office of the city manager of the city of West Wendover.
BUILDING LINE: A line between which and the street right of way line no building or structure or portion thereof shall be erected, constructed or otherwise established.
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.
CARPORT: An accessory building, attached or detached, having one or more open sides, used by occupants of the principal building for automobile shelter or storage.
CHILDCARE CENTER: Except as provided hereafter, a public or private establishment providing care on a temporary or permanent basis to children for compensation received for the care of any of those children. Notwithstanding the foregoing, a conditional use permit pursuant to section 8-5A-3 of this title shall not be required for providing childcare to fewer than five (5) children, regardless of age, in a residence in a residential zone. Further, children within the third degree of consanguinity or affinity to the owner or occupant of the home shall not be considered in determining the number of children being cared for, and a home in which a person provides care for the children of a friend or neighbor for not more than four (4) weeks, regardless of the number of children, shall not be required to obtain a conditional use permit if the person who provides the care does not regularly engage in that activity.
CITY COUNCIL: The city council of the city of West Wendover.
CLINIC: A building or part thereof in which ambulatory patients are provided diagnostic, therapeutic or preventative medical, surgical, dental or optical treatment by a doctor or a group of doctors acting jointly, but not providing for overnight residence of patients.
COLLECTOR, STREET: As indicated in the officially adopted city of West Wendover master plan.
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 APPROVAL: An affirmative action by the commission or city council indicating the approval of preliminary plat will be forthcoming upon compliance with certain specified stipulations.
CONDITIONAL USE: A use permitted in zoning district regulations subject to a finding by the city council that all special conditions and requirements imposed shall be met.
CONDOMINIUM: An estate in real property consisting of an undivided parcel of real property together with:
A. A separate interest in space in a residential, industrial or commercial building on such real property, such as, but not restricted to, an apartment, office or store; or
B. A separate interest in space only, without any building or structure, to be used for a mobile home.
A "condominium" may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of an inheritance or perpetual estate, an estate for life or an estate for years.
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.
DEVELOPMENT MASTER PLAN: A preliminary map showing the tentative layout of streets and arrangements of land uses, including the location of schools, recreation areas and other community facilities for the entirety of a large landholding of which a portion is to be submitted as a preliminary plat; a map meeting the requirements of this code.
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 banks.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing two (2) or more dwelling units.
DWELLING, SINGLE-FAMILY: A detached building containing only one dwelling unit either which is constructed under the international building code, or which includes manufactured homes developed to specific standards in accordance with Nevada Revised Statutes provisions and a residential facility for groups in which ten (10) or fewer unrelated persons with disabilities reside, and halfway houses for recovering alcohol and drug abusers, as defined by Nevada Revised Statutes.
DWELLING UNIT (DU): A building or portion thereof designed as a unit for occupancy by one family for cooking, living and sleeping purposes.
EASEMENT: A grant by the owner of the use of a strip of land by the public, a corporation or persons for specific and designated uses and purposes.
ENGINEERING PLANS: Plans, profiles, cross sections and other required details for the construction of public improvements, prepared in conjunction with the plat and in compliance with standards of design and construction approved by the city council.
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.
EXCEPTIONS: Any parcel of land located within the perimeter of the subdivision but which is not included in the plat.
FAMILY: An individual living alone or one or more persons living together who are related by blood, marriage or other bond and their dependents, living as a single household in a dwelling unit. A "family" includes its domestic employees.
FINAL APPROVAL: Unconditional approval of the final plat by the city council as evidenced by certification on the plat by the Mayor of the City. Final approval constitutes authorization to record the plat.
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.
GENERAL PLAN: The adopted plan or parts thereof providing for the future growth and improvement of the City and for the general location and coordination of streets and highways, schools and recreation areas, public building sites and other physical development which shall have been duly adopted by 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.
HOME OCCUPATION: A use customarily carried on by the dwelling occupant and incidental to the primary residential purpose, providing the residential character of the property is not changed.
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: A building or group of buildings used primarily for accommodation of transient guests in rooms or suites.
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 or any other person having an enforceable proprietary interest in such land is a landowner for the purposes of this Title.
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.
LOT: A piece or parcel of land separated from every other piece or parcel by description, as in a subdivision or on a parcel map, or by metes and bounds, for purposes of sale, lease or separate use.
Corner Lot: A lot abutting on two (2) or more intersecting streets.
Double-Frontage Lot: A lot abutting two (2) parallel or approximately parallel streets.
Interior Lot: A lot having but one side abutting on a street.
Key Lot: An interior lot, one 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, FRONT: For interior lots, the lot line abutting on a street; for corner lots, the shorter lot line abutting on a street. When a corner lot or double frontage lot has nearly equal frontage on two (2) streets, designation of the front lot line shall be at the discretion of the lot owner.
LOT LINE, REAR: 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, parallel to and farthest and wholly within the lot.
LOT LINE, SIDE: 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 termed an "exterior side lot line"; all other side lot lines are termed "interior side lot lines".
LOT OF RECORD: A lot which is part of a subdivision plat 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 real 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 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.
MOBILE HOME: As defined in Section 8-5B-2 of this Title, except when used in reference to qualifying single-family dwellings in Chapter 5, Article A of this Title.
MOBILE HOME LOT: As defined in Section 8-5B-2 of this Title.
MOBILE HOME PARK: As defined in Section 8-5B-2 of this Title.
NEIGHBORHOOD PLAN: A plan prepared by the City to guide the platting of remaining undeveloped parcels in a partially built-up neighborhood so as to make reasonable use of all land, correlate street patterns and achieve the best possible land use relationships.
NONCONFORMING USE: Uses existing at the effective date hereof, 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 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.
OFFICIAL STREET AND HIGHWAY PLAN: A plan as adopted or amended by the City Council which provides for development of a system of major streets and highways.
OWNER: The person or persons holding title by deed to land or holding title as vendees under land contract or holding any other title or record.
PARCEL MAP: As defined in the Nevada Revised Statutes.
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 or alley and in such size as is specified under subsection 8-9-4D of this Title.
PARTIES IN INTEREST: A term identifying the owners of property within three hundred feet (300') of specific property.
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.
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 residential district created, from time to time, under the provisions of this Title.
PLAT: A map of a subdivision; the same as "map" as defined in the Nevada Revised Statutes.
Final Plat: A plat of all or part of a subdivision essentially conforming to an approved preliminary plat, prepared in accordance with provisions of subsection 8-13-8B1 of this Title.
Preliminary Plat: A preliminary tentative map, including supporting data, indicating a proposed subdivision development, prepared in accordance with subsection 8-13-7C1 of this Title.
Recorded Plat: A final plat bearing all of the certificates of approval required by this Title and duly recorded in the Elko County Recorder's office.
PRELIMINARY APPROVAL: Approval of a preliminary plat by the City Council. Preliminary approval constitutes authorization to proceed with preparation of engineering plans and final plat.
PRIVATE GARAGE: 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.
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.
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.
RECREATIONAL 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 building, structures and uses customarily incidental thereto.
RENEWABLE ENERGY USE: Uses involving the production and distribution of sources of energy derived from or captured from solar radiation and/or wind. All other sources of energy are specifically excluded from this definition. Further, this definition shall not limit uses otherwise permissible as provided in chapter 6, article E of this title regarding M-1 light industrial districts.
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.
RETAIL USE: A commercial establishment selling goods at retail; however, a home occupation shall not be considered as a retail use.
ROOMING HOUSE: A building other than a hotel or motel where, for compensation and by prearrangement for definite periods of time, lodging is provided for individuals who are not members of a resident family.
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.
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.
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 (1/2) 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 right of way line of a street which abuts a lot line.
STREET, LOCAL: A street serving the primary function of providing principal access to abutting property.
STRUCTURE: Any constructed or erected material or combination of materials, the use of which requires location on the ground or attachment to something located on the ground, including buildings, stadiums, radio towers, sheds, storage bins, fences and signs.
SUBDIVIDER: The person, firm, corporation, partnership, association, syndicate, trust or other legal entity that files an application and initiates proceedings for the subdivision of land in accordance with the provisions of this title; provided, that an individual serving as agent for such legal entity shall not be deemed the subdivider.
SUBDIVISION: As defined in the Nevada Revised Statutes.
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 title to exist for a limited period of time.
TOWNHOUSE OR ROW HOUSE: A single dwelling unit arranged side by side with other such units in a multi-family dwelling, completely independent of all other such units in the building by reason of separation therefrom by unpierced party walls.
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 provisions of this title. The applicant for variance shall present adequate evidence showing that:
A. There are special circumstances or conditions applying to the property under consideration which makes compliance with the provisions of this title a cause of hardship to and abridgement of a property right of said owner of said property.
B. Such circumstances or conditions do not apply generally to other properties in the same land use district.
C. The granting of the variance is necessary to substantiate justice to the applicant or owner of the property.
D. The granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety and general welfare.
E. The variance is not for the purpose of allowing a particular land use which is prohibited in the district.
F. The variance is not for the purpose of increasing the density to the extent that a more intensive zoning category is attained.
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 title.
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. 98-09, 10-6-1998; amd. Ord. 99-17, 12-21-1999, eff. 1-1-2000; Ord. 01-02, 2-20-2001; Ord. 01-21, 11-20-2001; Ord. 2005-07, 12-20-2005; Ord. 2009-05, 7-7-2009)