The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title:

   A.   Gender: The masculine shall include the feminine and neuter.

   B.   Headings: In the event there is any conflict or inconsistency between the heading of an article, section, or paragraph of this title and the contents thereof, the said heading shall not be deemed to affect the scope, meaning, or intent of such content.

   C.   Number: Words used in the singular include the plural, and words used in the plural include the singular.

   D.   Shall And May: The word "shall" is mandatory; the word "may" is permissive.

   E.   Tense: Words used in the present tense include the future tense. (Ord. 138, 1-26-1988)

   ACCESS: A clear and unobstructed usable approach of not less than twenty feet (20') in width to a legally dedicated public way.

   ACCESSORY BUILDING: A subordinate building, such as a carport, garage, tool shed or storage shed, the use of which is incidental to that of the main building on the same lot.

   ACCESSORY USE OR STRUCTURE: A use or structure subordinate to the primary use or structure, located on the same property and serving a purpose customarily incidental to the primary use thereof. The accessory use or structure shall be of such a nature as to not alter the essential characteristics of the primary use, considered as a whole and as related to other uses permitted in the same district.

   ADMINISTRATOR: The city manager or other agent of the planning staff acting in the capacity of administrator.

   ADULT ENTERTAINMENT FACILITIES: Includes all theaters, bookstores, cabarets, model studios or similar businesses which are established for the primary purpose of offering its patrons services, goods or entertainment characterized by an emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas".

   A.   For the purposes of this chapter, "specified sexual activities" shall include any form of actual or simulated sexual intercourse, copulation, bestiality, masochism and fondling or touching "specified anatomical areas".

   B.   For the purposes of this chapter, "specified anatomical areas" shall include exposed human genitals, pubic region, buttock and female breast below a point immediately above the areola.

   ALLEY: A public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

   ALTERATIONS: A change or rearrangement of the structural parts of existing facilities or an enlargement by extending the sides or increasing the height or depth or moving from one location to another. In buildings for business the installation or rearrangement of partitions affecting more than one-third (1/3) of a single floor area shall be considered an alteration.

   APARTMENT: The same as a multiple dwelling. A building or portion of a building arranged or designed to be occupied by three (3) or more families living independently of each other.

   AREA OF BUILDING: The total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members.

   AREA OF SITE: The total horizontal area within the property lines.

   AUTO SERVICE STATION: An area used exclusively for retail sales of fuels and oils, having storage tanks and pumps located thereon and including automotive repairs, body repairs and washing, but not including battery rebuilding.

   BAR: A counter at which alcoholic drinks are served and sometimes food may be served.

   BED AND BREAKFAST FACILITY: Sleeping and dining accommodations designed for the motoring public within a single-family dwelling limited to a maximum of five (5) bedrooms, which are used by not more than a total of five (5) guests, with required parking to be located off street.

   BILLBOARD: Outdoor advertising signs containing a message, commercial or otherwise, which is unrelated to the merchandise for sale or services performed by the person or business on whose property the sign is located, posted for a fee by the sign framework.

   BOARD OF COUNCILMEN: The board of councilmen of Wells, Nevada.

   BUILDING: Any structure having a roof supported by columns or walls and used for the enclosure of persons, animals or chattels.

   BUILDING HEIGHT: The vertical distance above grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The measurement may be taken from the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building, when such sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building, when such sidewalk or ground surface is not more than ten feet (10') above grade. The height of a steeped or terraced building is the maximum height of any segment of the building.

   BUILDING LINE: That face, corner, wall or column nearest the property line.

   BUILDING SETBACK: The distance between the property line and the nearest portion of a structure on the property.

   CEMETERY: Land used for burial of dead, including columbariums, crematoriums, mausoleums and mortuaries.

   CHILD CARE 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; or outdoor youth program.

   CLEAR VISION TRIANGLE: See subsection 10-6-5K of this title.

   CLINIC: A building designed and used for the medical and surgical diagnosis and treatment of patients under the care of doctors and nurses. Includes medical and dental but does not include veterinarian.

   CLUB: An incorporated or unincorporated association of persons organized for a social, educational, literary, charitable or commercial purpose other than gaming.

   COMMERCIAL MODULAR BUILDING: An office, school, motel or other commercial building, whether it is a total building or a room which is either wholly manufactured or is in a substantial part manufactured at any off site location to be wholly or partially assembled on site in accordance with regulations adopted pursuant to section 461.170 of the Nevada Revised Statutes, but does not include a mobile home.

   COMMISSION: The planning commission of Wells, Nevada.

   COOPERATIVE GROUP HOUSE: A building occupied and maintained as a housekeeping unit by five (5) or more unrelated persons.

   CORNER LOT: A parcel of land abutting two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°).

   COURT: An unoccupied open space bounded on three (3) or more sides by buildings.

   COVERAGE: The percentage of the area of a lot which is built upon.

   DETACHED BUILDING: A building surrounded on all sides by open space.

   ELECTRICAL DISTRIBUTION SUBSTATION: An assemblage of equipment designed to receive energy from a high voltage distribution system to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment.

   FACTORY BUILT HOME OR MANUFACTURED HOME ON A PERMANENT FOUNDATION: A residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off site location to be wholly or partially assembled on site in accordance with regulations adopted by the division pursuant to Nevada Revised Statutes 461.170, but does not include a mobile home 1 .

   FACTORY BUILT HOUSING: A residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off site location to be wholly or partially assembled on site in accordance with regulations adopted by the division pursuant to Nevada Revised Statutes 461.170, but (shall) does not include a mobile home.

   FAMILY: One person living alone, or two (2) or more persons related by blood, marriage or legal adoption.

   FLOOR AREA: The sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from centerline of division walls. Floor area includes: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches (7'6") or more, penthouse floors, interior balconies and mezzanines, enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches (7'6"), exterior steps or stairs, terraces, breezeways and open spaces.

   FRONT LOT LINE: The dimension fronting on a major street.

   FRONT YARD: A yard lying between the main building and the front lot line and extending across the full width of the lot or parcel. The front yard of a corner lot may face either street frontage.

   GAMING: Any legally constituted gambling enterprise authorized under the Nevada state law, other than slot machines when such machines are operated incidental to the conduct of a licensed retail business.

   GRANDFATHERED: A use which was legally in existence at the time of the adoption of the original Wells city land use ordinance dated January 2, 1980, of this title or any amendment thereto.

   GUEST BUILDING: A structure occupying an accessory position on a lot which does not contain kitchen facilities and which is used exclusively for housing members of a single family or their nonpaying guests. No reduction of side yards shall be allowed for this regardless of other provisions of this title.

   HOME OCCUPATION: A use customarily carried on by a dwelling occupant and incidental to the primary residential purpose, providing such residential character is not changed. Uses which shall not be construed to be home occupations include food processing or packing, restaurants, kennels (except for certified training of 3 or less seeing eye or hearing dogs), vehicle repair and similar uses.

   HOSPITAL: A building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included.

   HOTEL: A building occupied as a temporary residence of individuals, lodged with or without meals and where there are generally no provisions for cooking in any individual unit.

   JUNKYARD: Any space used for collecting, storage, abandonment or sale of junk, wastepaper, rags, scrap metal, discarded material or similar waste including the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts.

   KENNEL: Where dogs or animals are boarded for hire, bought and sold, and raised for sale. One litter of unweaned pups is exempt.

   KITCHEN: A room used for cooking and preparation of food.

   LIVING UNIT: Any building or portion thereof used for residential purposes.

   LOADING SPACE: A parking space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of vehicles while handling merchandise or materials, each such space shall be not less than ten feet (10') wide, forty five feet (45') long, with a fourteen foot (14') height clearance.

   LOT: A distinct part or parcel of land divided with the intent to transfer ownership or for building purposes.

   LOT DEPTH: The average distance between the front and rear lot lines measured in the direction of the side lot lines.

   LOT OF RECORD: See section 10-6-3 of this title.

   LOT WIDTH: The average distance between the side lot lines measured at right angles to the lot depth.

   MANAGER: See subsection 10-1-3A of this title.

   MANUFACTURED HOME 2 : A structure which is built on a permanent chassis, is designed to be used with or without a permanent foundation as a dwelling when connected to utilities, is transportable in one or more sections and is eight feet (8') or more in body width or forty feet (40') or more in body length when transported, or, when erected on site, contains three hundred twenty (320) square feet or more. This includes the plumbing, heating, air conditioning and electrical systems of the structure.

   MOBILE HOME 3 : A structure which is built on a permanent chassis, is designed to be used with or without a permanent foundation as a dwelling when connected to utilities and is transportable in one or more sections.

   MOBILE HOME LOT: A portion of land within a mobile home subdivision used or intended to be used for parking of one mobile home or factory built home, including required yards, parking area, attached or detached accessory building and open space.

   MOBILE HOME PARK: A parcel or tract of land having as its principal use the rental, leasing or occupancy of space by two (2) or more mobile homes on a permanent or semipermanent basis.

   MOBILE HOME SPACE: A portion of land within a mobile home park used or intended to be used for the parking of one mobile home, including required yards, parking areas, attached or detached accessory buildings and open spaces.

   MOBILE HOME SUBDIVISION: A subdivision of land platted in conformance with chapter 278 of the Nevada Revised Statutes and applicable city ordinances for the purpose of providing mobile home lots for sale.

   MODULAR COMPONENT: Any closed unit of construction which bears or requires any electrical, plumbing, heating, air conditioning or any other mechanical connection.

   MOTEL: Two (2) or more sleeping accommodations designed for and used by the motoring public with private on site parking attached or accessible to each unit.

   MULTIPLE-FAMILY DWELLING: A building designed and/or used to house three (3) or more families, living independently of each other.

   NONCONFORMING BUILDING: A building or structure which does not conform in its construction, area, yard requirements or height with the regulations of the district in which it is located or to the requirement of the currently adopted uniform building code.

   NONCONFORMING USE: The use of a building, structure or land which does not conform to the regulations of the district in which the use exists.

   OCCUPANCY PERMIT: A permit issued by the Building Department indicating that a newly constructed building is complete and safe for occupancy or use.

   PARCEL OF LAND: Any unit of land recorded by the Elko County recorder and shown on the Elko County assessor's map.

   PARKING SPACE: A permanently maintained space on a lot or parcel, suitable for the parking of one vehicle. See chapter 9 of this title.

   PAWNSHOP: A business in which money is loaned on the security of pledges, deposits or other secured transactions in personal property.

   PERMITTED USE: A use authorized or permitted alone or in conjunction with other uses in a specified district and subject to the limitations of the regulations of such use districts.

   PICKUP COACH: A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation or vacation use.

   PREDOMINANT LAND USE: That land use which is fifty one percent (51%) or greater of the total area of an assessor's parcel.

   PRIMARY BUILDING: A building devoted to the principal use of the lot on which it is situated.

   PRIMARY STABLE: Accessory building in which personal livestock are kept.

   PRIMARY USE: The use for which a lot, structure or building, or the major portion thereof, is designed.

   PRIVATE GARAGE: A sheltered or enclosed space designed and used for the storage of motor vehicles or boats of residents of the premises.

   PROFESSIONAL OCCUPATION: The occupation of licensed engineer, licensed architect, certified public accountant, attorney, real estate broker, doctor, dentist, optometrist or similar profession.

   PROFESSIONAL OFFICE: The office of a licensed engineer, licensed architect, certified public accountant, attorney, real estate broker, doctor, dentist, optometrist or similar profession.

   PUBLIC GARAGE: A building or portion thereof designed and used for the storage, repair or servicing of motor vehicles or boats as a commercial venture.

   REAR YARD: A yard between the rear lot line and extending across the full width of the lot or parcel. The rear yard of a corner parcel is that portion of the lot opposite the front yard.

   REQUIRED LAND AREA: The minimum area of a lot or parcel necessary to permit its use under the provisions of this title.

   REQUIRED WIDTH: The minimum area of a lot or parcel necessary to permit its use under the provisions of this title.

   RESORT: A facility which:

   A.   Includes both recreational components and rest areas designed primarily for convenience of guests.

   B.   Has at least fifteen percent (15%) of its land area devoted to usable open space or landscaping.

   REST HOME, CONVALESCENT HOME, NURSING HOME, HOME FOR AGED: A home operated similarly to a boarding house, but not restricted to any number of guests or guestrooms, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons. The operator of a rest home shall be licensed by the state and/or Wells city to give special care and supervision to his or her charges. In these homes, no person suffering from a communicable or contagious disease will be kept. No surgery, maternity or other major treatments provided by hospitals shall be performed in a rest home.

   RIDING ACADEMY: Any establishment where horses are kept for riding, driving or stabling for compensation or as an accessory use in the operation of a club, association, ranch or similar establishment.

   ROOM: A divided portion of the interior of a dwelling, excluding bathroom, kitchen, closets, hallways and porches.

   ROOMING OR BOARDING HOUSE: A building or portion thereof where, for compensation meals and lodging are provided for more than two (2) guests (not a motel or hotel).

   SCHOOL: An institution of learning which offers instruction in several branches of learning required to be taught in public schools in the state of Nevada.

   SECONDARY USE: A minor or secondary use for which a lot, structure or building is designed or employed in conjunction with, but subordinate to, its primary use.

   SETBACK: The distance that structures, buildings or uses must be removed from their lot lines.

   SHOPPING CENTER: A group of five (5) or more commercial establishments planned and developed as a unit on a single parcel or commonly managed parcels of land. Said development shall utilize an undivided or unsegregated parking area.

   SIDE YARD: A yard lying between the side lot line and the main building and extending from the front yard line to the rear yard line.

   SIGHT DISTANCE AREA: The area included within that triangular area between the property line and the diagonal line joining points of the property line forty feet (40') from their intersection, or, in the case of rounded corners, the triangular area between the tangents to the curve and the diagonal line joining points on the tangent forty feet (40') from their intersection. The tangents referred to are those at the beginning and the end of the corner.

   SINGLE-FAMILY DWELLING OR RESIDENCE: A detached building containing only one dwelling unit and which is constructed under the uniform building code or manufactured homes developed to specific standards in accordance with section 10-7-19 of this title or group homes for ten (10) or fewer unrelated persons with disabilities as defined by Nevada Revised Statutes.

   STABLE: A building in which horses or livestock are sheltered or fed.

   STORY: That part of a building lying between two (2) floors or between the floor and the ceiling of the highest usable level in the building.

   STREET: A public thoroughfare which affords a primary means of access to abutting property.

   STRUCTURE: A combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences, retaining walls, rockeries and similar improvements of a minor character.

   TRACT SALES OFFICE: A temporary or tract subdivision office located on the property to which it is appurtenant, and only authorized until the sales of homes in the subdivision are completed.

   TRAVEL TRAILER 4 : A portable structure mounted on wheels, constructed on a vehicular type chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle and designated by the manufacturer as a travel trailer. A vehicle is not a travel trailer if, when equipped for highway use, it is more than eight feet (8') wide.

   TWO-FAMILY DWELLING: A building containing not more than two (2) kitchens, designed for and occupied exclusively by two (2) families living independently of each other.

   UTILITY SUBSTATION: An assemblage of equipment for electrical, telephone or gas company used to provide local distribution of services.

   YARD: An open space on the same lot or parcel with a building and extended from the building to the nearest lot line.

   ZONING CERTIFICATE-BUILDING PERMIT: See section 10-3-1 of this title. (Ord. 179, 6-24-1997; amd. Ord. 186, 6-29-1999; Ord. 194, 10-23-2001; Ord. 206, 3-9-2004)