White Pine County Unincorporated
City Zoning Code

   A.   When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. As used in this title, the masculine includes the feminine. "Maps" means the zoning maps of White Pine County. "Governing body" means the board of county commissioners. "Regional planning commission", "planning commission", or "commission" means the planning commission of White Pine County, state of Nevada. "County" means the county of White Pine, state of Nevada. The county of White Pine is declared to be the county planning district, the boundaries of which district shall be the boundaries of White Pine County, state of Nevada, excluding the area within the corporate boundaries of the city of Ely.

   B.   Unless the context of the title otherwise requires, the definitions of words and phrases set out in this chapter shall be used in the interpretation and construction of this title. (Ord. 435, 2009: Ord. 203 §§6, 32, 1987)

"Abutting" means lots having a common boundary line, or existing as contiguous units, except that where two (2) or more lots adjoin only at a corner or corners, they shall not be considered as abutting or contiguous unless the common property line between the two (2) parcels measures not less than eight feet (8') in a single direction. (Ord. 203 §32(1), 1987)

"Access" or "accessway" means the place, means or way by which pedestrians and vehicles shall have a safe, adequate and usable ingress and egress to a property or use as required by this chapter. (Ord. 203 §32(2), 1987)

"Accessory structure or use" means a structure or use incidental, appropriate, and subordinate to the main structure or use on the same lot. (Ord. 203 §32(3), 1987)

"Adjacent" means near, close; for example, an industrial district across the street or highway from a residential district shall be considered as "adjacent". (Ord. 203 §32(4), 1987)

"Adjoin" means the same as "abutting". (Ord. 203 §32(5), 1987)

"Adopt" means the legislative action of governing bodies when passing a law, ordinance, regulation or policy. (Ord. 203 §32(6), 1987)

"Adult bookstore" means an establishment having as a substantial or significant portion of its stock in trade books, magazines, films for sale or viewing on premises, by use of motion picture devices or any other coin operated means and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material. (Ord. 203 §32(7), 1987)

"Adult entertainment cabaret" means a public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators, or similar entertainers. (Ord. 203 §32(8), 1987)

"Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (Ord. 203 §32(9), 1987)

"Advertising" means any writing, printing, dissemination, painting, display, emblem, drawing, sign or other device, designed, used or intended to be used to advertise products, goods, service, or promote the sale of objects, or attract attention to a place, or lettering for the purpose of making anything known.

   A.   "On premises advertising" means any advertising display strictly incidental to a lawful use of the premises on which it is located, indicating the business transacted at, services rendered, goods sold or produced on the premises, name of the business, name of the person, firm or corporation occupying the premises.

   B.   "Off premises advertising" means any advertising display indicating the business transacted, services rendered, goods sold or produced, name of business, person, firm or corporation which is not available or located on the same premises as the display. (Ord. 203 §32(10), 1987)

"Advertising structure" means any notice of advertisement, pictorial or otherwise, and any structure used as or for the support of any such notice or advertisement, for the purpose of making anything known about goods, services or activities not on the same lot as the advertising structure. (Ord. 203 §32(11), 1987)

"Aesthetics" means any object of zoning, concerned with the beautiful, the moral, and especially the useful; usually limited to matters affecting the sense of sight. (Ord. 203 §32(12), 1987)

The term "agricultural activity, operation, or facility, or appurtenances thereof" shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, furbearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incidental to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market. (Ord. 454, 2014)

"Agricultural processing activity" shall include, but not be limited to, the operation, facility, or appurtenances thereof for licensed rendering plants and collection centers, cubing hay and alfalfa, the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of beer and wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products and includes processing for wholesale or retail markets of agricultural products. (Ord. 454, 2014)

"Airport/heliport" means any area of land which is used, or intended for use, for the landing and takeoff of an aircraft, and any appurtenant areas which are used, or intended for use, for airport building or other airport facilities or rights of way, together with all airport buildings and facilities located thereon (see also definition of "landing strip").

   A.   "Airport approach" means that area of approach and transition surface areas around airports, where special land use and height regulations are established.

   B.   "Airport approach zone" means an imaginary surface, beginning at the end of, and at the same elevation as, the primary surface and extending a specified horizontal distance along with the extended runway centerline which is necessary for the safe takeoff and landing of aircraft. Precision approaches are preserved with a fifty foot (50') horizontal to one foot (1') vertical approach surface, ten thousand feet (10,000') long, followed by a forty thousand foot (40,000') long to one (40:1) approach surface. Visual runways have a five thousand foot (5,000') long (20:1) approach surface.

   C.   "Airport hazard" means any structure, tree, or use of land which hinders or obstructs the airspace required for the safe operation of aircraft in or around an airport or land field.

   D.   "Airport reference point" means the highest point of an airport's usable landing area, measured in feet above mean sea level.

   E.   "Airspace obstructions" means any structure, tree, land mass, smoke or steam, or use of land which penetrates a primary, transitional, horizontal, or conical surface of an airport as defined by federal aviation regulations (FAR part 77).

   F.   "Conical surface zone" means an area extending outward from the horizontal surface at a ratio of twenty to one (20:1), to a height of three hundred fifty feet (350') above the airport reference point elevation.

   G.   "Horizontal surface zone" means that flat, disc shaped, imaginary surface, one hundred fifty feet (150') above the airport reference point elevation, through which no structures or uses should penetrate and which is necessary to protect the airspace.

   H.   "Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends to two hundred feet (200') beyond each end of that runway, but when the runway has no specially prepared hard surface or planned hard surface the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in part 77 of the federal aviation administration regulations (FAR), for the most precise approach existing or planned for either end of that runway. The elevation of any point of the primary surface is the same as the elevation of the nearest point on the runway centerline.

   I.   "Runway" means a defined area on an aircraft prepared for landing and/or takeoff of aircraft along its path.

   J.   "Transitional surface zones" means that area necessary to protect the airport approach surfaces which extends at a ratio of seven feet (7') horizontal to one foot (1') vertical, beginning at the sides of and at the same elevation as the primary and the approach surfaces, and extending to a height of one hundred fifty feet (150') above the airport reference point elevation, except where approach surface extended upward and beyond the horizontal surface. A transitional zone is also established at the same seven to one (7:1) ratio.

   K.   "Turning zone" means the circular area centered upon an airport reference point. (Ord. 203 §32(14), 1987)

See definition of "roads". (Ord. 203 §32(15), 1987)

"Amend" means to change or revise. (Ord. 203 §32(16), 1987)

"Commercial amusement" means any amusement enterprise in an indoor or outdoor setting offering entertainment or games of skill to the general public for a fee or charge; this terms includes, but is not limited to, a golf driving range, archery range, and miniature golf course, bowling alley, movie theater, or pool hall. (Ord. 203 §32(17), 1987)

"Ancillary uses" means those uses which are secondary and complementary to the primary uses in an area or district. (Ord. 203 §32(18), 1987)

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short time boarding and shall be only incidental to such hospital use. (Ord. 203 §32(19), 1987)

"Animal husbandry" means management, breeding, and raising of animals. (Ord. 203 §32(20), 1987)

"Annexation contract" means a binding agreement between a city and county which requires the parties to accomplish specified tasks prior to and/or after property identified in the contract is annexed by city action into city jurisdiction. (Ord. 203 §32(21), 1987)

See definition of "residence". (Ord. 203 §32(22), 1987)

The process for appeal of a planning action depends upon the source of the action and varies in cost. (Ord. 203 §32(23), 1987)

"Applicant" means a person who sponsors, and is responsible for an application. The applicant is responsible for meeting all conditions on the issuance of the permit, and otherwise ensuring that all policies and regulations are implemented in the development. (Ord. 203 §32(24), 1987)

"Application" means a statement containing information, maps and reports, for the purpose of notifying the governing body, referral agencies, and the public of the applicant's intention to conduct, undertake or use a development. (Ord. 203 §32(25), 1987)

In reference to an application, "approval" means a decision indicating that the development meets all requirements and has received a majority of votes in support of the development at a public hearing. (Ord. 203 §32(26), 1987)

"Areas of natural disaster and hazards" means areas that are subject to natural events that are known to result in death or endanger the works of man, such as stream flooding, ocean flooding, groundwater, erosion and disposition, landslides, earthquakes, weak foundation soils and other hazards unique to local or regional areas. (Ord. 203 §32(27), 1987)

"Assessor" means the county assessor of White Pine County. (Ord. 203 §32(28), 1987)

"Major automobile repair" means the general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop. (Ord. 203 §32(29), 1987)

"Minor automobile repair" means upholstering of, replacement of parts (including glass) for, and motor service to passenger cars and trucks not exceeding one and one-half (11/2) tons' capacity, but not including any operation named under "automobile repair, major", or any other operation similar thereto. (Ord. 203 §32(30), 1987)

"Automobile service station" means a building or lot having pumps and storage tanks where fuels, oils and accessories for motor vehicles are dispensed, sold or offered for sale at retail only, and where repair service is secondary. (Ord. 203 §32 (31), 1987)

"Automobile wrecking yard" means any property where:

   A.   The business of wrecking of motor vehicles or trailers is conducted;

   B.   The storage, sale or disposal of dismantled, partially dismantled, or wrecked vehicles or their parts is conducted; or

   C.   The open storage of five (5) or more unlicensed motor vehicles not in running condition from which parts have been removed. (Ord. 203 §32(32), 1987)

"Bar", "lounge", "drinking establishment", or "tavern" means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine, or other liquors, and where food service, if any, is secondary to the sale of beer, wine or other liquors. (Ord. 203 §32(33), 1987)

"Base map" means a map showing certain information to which other information may be added. (Ord. 203 §32(34), 1987)

"Basement" means a part of a building below ground level. (Ord. 203 §32(35), 1987)

"Batch plant" means a plant which measures out the material for batches of concrete. (Ord. 203 §32(36), 1987)

"Billboard" means the same as "advertising structure". (Ord. 203 §32(37), 1987)

"Board" means the board of county commissioners for White Pine County. (Ord. 203 §32(38), 1987)

"Boarding house" or "lodging house" means a dwelling or part thereof, other than a hotel or motel or multiple-family dwelling, where lodging with or without meals is provided for compensation for three (3) or more persons. (Ord. 203 §32(39), 1987)

"Bonus" means a credit given to a development, usually by allowing more intensive use of the land in return for certain public benefits, such as open space, special housing, etc. (See also definition of "bonus density".) (Ord. 203 §32(40), 1987)

"Bonus density" means an increase in density permitted by the planning commission or governing body pursuant to the zoning and subdivision regulations, which is granted in order to promote developments which incorporate innovative means of providing open space, preserving or enhancing natural features, providing recreational facilities, enhancing energy conservation, and providing innovative designs. (See also definition of "bonus".) (Ord. 203 §32(41), 1987)

"Buffer" means an area created to separate or protect one type of land use from another. This could be in the form of a planting screen or another land use. (Ord. 203 §32(42), 1987)

"Buildable lands" means lands in urban and urbanizable areas that are suitable, available and necessary for residential use. (Ord. 203 §32(43), 1937)

"Building" means any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels, or property of any kind, fully enclosed with walls (including windows and doors, but excluding canvas or fabric) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction. Travel trailers, with or without wheels, shall not be considered as buildings. (Ord. 203 §32(44), 1987)

"Agricultural building" means a structure the use of which shall be primarily for storage of farm implements, crops, feed, or similar farm products, to provide shelter for livestock, poultry or fowl. (Ord. 203 §32(45), 1987)

See definition of "structure height". (Ord. 454, 2014)

"Building inspector" means the building inspector of the city of Ely and county of White Pine, as appropriate. (Ord. 203 §32(47), 1987)

"Building line" means the building setback line; a line on a plan or map indicating the limit behind which buildings or structures may be erected. (Ord. 203 §32(48), 1987)

"Building lot" means a lot occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, together with such open spaces as are required by this title, and having the required frontage on a street. (Ord. 203 §32(49), 1987)

"Main building" means a building within which is conducted the principal use permitted on the lot, as provided by this title. (Ord. 203 §32(50), 1987)

"Cafeteria" means a self-service restaurant. (Ord. 203 §32(51), 1987)

"Dry campground" means a camping facility which does not provide water or septic hookups to each space. (Ord. 203 §32(52), 1987)

"Capital improvement program" means a program which provides for coordinated financing and development of community facilities such as sewer, water, roads, fire protection, libraries, and other governmental facilities related to the physical development of the community. The program details planned capital expenditures over a five (5) or six (6) year period and is one principal means of implementing the comprehensive plan. (Ord. 203 §32(53), 1987)

"Carport" means a permanently constructed building with a covered roof and open sides available for the parking of a motor vehicle. (Ord. 203 §32(54), 1987)

"Caretaker's quarters" means a dwelling unit for the housing of personnel required for maintenance or protection of the main use or structure on the property. (Ord. 203 §32(55), 1987)

"Casino" means any place where gaming is operated or maintained, except that "casino" shall not be construed to include any place devoted to slot machines. (Ord. 203 §32(56), 1987)

"Cemetery" means any land used or intended to be used for the burial of the dead and may include columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. (Ord. 203 §32(57), 1987)

"Church" means a structure the primary use of which is for worship by religious organizations. (Ord. 203 §32(58), 1987)

"City" means the city of Ely, Nevada. (Ord. 203 §32(59), 1987)

"City council" or "council" means the city council of the city of Ely, Nevada. (Ord. 203 §32(60), 1987)

"Medical, dental or optical clinic" means a facility for examining, consulting with and treating patients, including offices, laboratories and outpatient facilities, but does not include hospital beds for overnight care or treatment except for emergency or temporary care. (Ord. 203 §32(61), 1987)

"Club" means an association of persons (whether or not incorporated), religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit. (Ord. 203 §32(62), 1987)

See definition of "residential". (Ord. 203 §32(63), 1987)

"Commercial feedlot" means a lot or portion of a property where ten (10) or more livestock are penned and fed for the purpose of preparing them for resale or slaughter, and in which the land area is incapable of producing sufficient forage to support the number of animals confined. This definition is intended to apply only to activities carried on as commercial enterprises, and, therefore, does not apply to the feeding of animals accessory to a dairy use or other permitted use, or to the fattening of animals solely for the domestic use of the property owner, or to the penning and feeding of animals for display or show. (Ord. 203 §32(64), 1987)

"Commercial power generation facility" means an electrical power generation plant with a nominal electrical generating capacity of more than twenty five thousand (25,000) kilowatts including, but not limited to, a thermal power plant, hydro power plant, combustion turbine power plant, geothermal power plant, or a nuclear installation disposal facility, and any facility handling a quantity of fissionable materials sufficient to form a critical mass. A commercial power generation facility includes related or supporting facilities, including any structure adjacent to and associated with an energy facility, including associated transmission lines, reservoirs, intake structures, road and rail access, pipelines, office or industrial structures built in conjunction with and used as part of the energy facility. A commercial power generation facility does not include a portable power plant, the principal use of which is to supply power in emergency or for individual domestic use. (Ord. 203 §32(65), 1987)

"Common open space" means an open area within a development, designed and intended for the use or enjoyment of all residents of the development, or for the use and enjoyment of the public in general, and can include use of land, water and complementary structures and improvements. (Ord. 203 §32(66), 1987)

"Community building" means a facility owned and operated by a governmental agency or a nonprofit community organization, provided that the primary purpose of the facility is for recreation, social welfare, community improvements or public assembly, and further provided that no permanent commercial eating or drinking facilities shall be operated on these premises. (Ord. 203 §32(67), 1987)

"Community sewage system" means a subsurface sewage disposal system or sewer system which will serve more than one lot, parcel, or dwelling unit. (Ord. 203 §32(68), 1987)

"Community water system" means domestic water supply source or distribution system which serves more than three (3) single residences or other users for the purpose of supplying water for household uses, but is neither a municipal water supply system nor a public utility water supply system, as defined by state law. (Ord. 203 §32(69), 1987)

"Compatible" means uses which coexist in harmony and do not conflict in regard to type of use, height of building, or bulk. (Ord. 203 §32(70), 1987)

"Comprehensive plan" means a generalized map, data base policy statement, and implementation plan adopted by the board of county commissioners, as outlined in chapter 278 of the Nevada Revised Statutes. (Ord. 203 §32(71), 1987)

"Concrete mixing" means the mixing of hard building material made of cement, sand, gravel and water. (Ord. 203 §32(72), 1987)

A "conditional use permit" is considered special use permit with special terms and conditions. All special exceptions to allow uses other than those permitted by right in a zoning designation are referred to as special use permits. (Ord. 447, 2013)

"Condominium" means a multi-unit structure in which units are individually owned, but which does not provide the features of condominium/hotel or hotel structure. In a condominium, there is outright ownership of a unit or air space with a divided interest in the common element. (Ord. 203 §32(73), 1987)

"Condominium/hotel" means a multi-unit structure in which units may be individually owned and which provides a centralized management structure incorporating the following features: a twenty four (24) hour front desk check in operation, a central phone system to individual rental units, meeting rooms, food services, and recreational or leisure amenities. (Ord. 203 §32(74), 1987)

"Conference grounds" means a retreat or meeting place used for organized discussion or consultation. (Ord. 203 §32(75), 1987)

"Conflict of interest" means an indirect or direct personal or financial interest by a government employee or appointee in an item which is to be reviewed at public hearing. According to Nevada Revised Statutes 281.481, "No public officer or employee may use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household (or) any business entity in which he has a financial interest". (Ord. 203 §32(76), 1987)

"Consensus" means the general agreement of a group which is not necessarily arrived at through voting so much as talking something over until everyone knows which issues are agreed upon, and which are not. Consensus is not binding on a group; it is not a "decision". (Ord. 203 §32(77), 1987)

"Contiguous" means lots, parcels, or lots and parcels that have a common boundary. "Contiguous" does not include lots, parcels, or lots and parcels separated by a dedicated road or alley. (Ord. 203 §32(78), 1987)

"Cottage industry" means a processing, assembling, packaging or storage industry, conducted wholly within an enclosed building located on a site isolated from other such uses, generating low traffic volume and with little or no noise, smoke, odor, dust, glare or vibration detectable at any property line, being generally compatible with surrounding uses or uses permitted in the districts and being secondary in use to a residential use. (Ord. 203 §32(79), 1987)

"County" means White Pine County, Nevada. (Ord. 203 §32(80), 1987)

"Court" means an open occupied space, other than a yard, on the same lot with a building or group of buildings. (Ord. 203 §32(81), 1987)

"Covenant" means an obligation or promise, either express or implied, which may be binding upon the land, the owner, or both. (See also definition of "restrictive covenant".) (Ord. 203 §32(82), 1987)

"Criteria" means the requirements which must be addressed and met prior to development of any proposal. When making a decision, it is assumed that sufficient evidence has been submitted to make a finding that the criteria have or have not been met. (Ord. 203 §32(83), 1987)

"Daycare facilities" means those facilities licensed by the state which provide daytime care only for the following groups:

   A.   Infant and toddler care;

   B.   Small child care;

   C.   Family group homes;

   D.   School age children's care;

   E.   Senior citizen's care;

   F.   Any similar daycare center or school. (Ord. 203 §32(84), 1987)

"Decision" means a binding agreement established after a review of the issues and relevant criteria. In the case of a public body, this binding agreement is established upon a vote of a quorum (as established by ordinance) and shall be rendered as one of the following as appropriate: approval, approval with conditions, recommend approval, recommend approval with conditions, denial, recommend denial, postpone to a specific date, or table for further review or information. (Ord. 203 §32(85), 1987)

"Dedication" means turning over of private land for public use and its acceptance by the governmental agency using it. Dedication of roads, parks, school sites, or other uses to serve the public are often conditions for approval of a development. (Ord. 203 §32(86), 1987)

"Deli" means a store that sells ready to eat, and also may provide seating for consuming food. (Ord. 203 §32(87), 1987)

"Density" means the amount of dwelling per acre, based on the total area of the parcel, including vacated rights of way, and excluding noncontiguous lands, lands designated previously or common open space, and lands used for rights of way. (Ord. 203 §32(88), 1987)

"Detached" means not structurally attached to the main structure. (Ord. 203 §32(89), 1987)

"Developer" means a person or other legal entity who subdivides or partitions land. (Ord. 203 §32(90), 1987)

"Development" means any manmade change to improved or unimproved tracts of land, including, but not limited to, construction of buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations located within the area. (Ord. 203 §32(91), 1987)

A development agreement is an agreement entered into between White Pine County and a property owner concerning a development project to ensure and promote public health, safety, morals, and general welfare of the community pursuant to the provisions of Nevada Revised Statutes 278.020 through 278.0208. (Ord. 453, 2014)

A development project is considered any development of residential, commercial, or industrial construction and operation in compliance with this title. (Ord. 453, 2014)

"Drive-in" means an establishment so developed within a driveway, drive-up or drive-through facility or parking area that services are supplied in whole or in part to a customer in a motor vehicle or, in the case of self-service food or drink, for consumption outside the building, where adequate measures have been taken in regard to traffic safety. (Ord. 203 §32(92), 1987)

See definition of "residence". (Ord. 203 §32(93), 1987)

See definition of "residence". (Ord. 203 §32(94), 1987)

"Easement" means the right of one property owner or member of the public to make use of the land of another. (Ord. 203 §32(95), 1987)

Commercial electrical power generation and transmission facilities including communications rights of way, towers, and associated structures required for generation of power at that site. (Ord. 454, 2014)

"City engineer" means the engineer or engineering firm formally appointed by the city council to serve the city of Ely, Nevada. (Ord. 203 §32(96), 1987)

"County engineer" means the engineer or engineering firm formally appointed by the board of county commissioners to serve White Pine County. (Ord. 203 §32(97), 1987)

"Essential service" means the erection, construction, alteration or maintenance by a public utility of underground, surface or overhead gas, electrical, steam, heater 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. (Ord. 203 §32(98), 1987)

"Ex parte contract" means private meetings held with members of a public body, outside the public hearing, at which there is discussion of an item which will be heard and a decision rendered at public hearing. Whereas such contract can destroy the credibility of the hearings process and deprive it of an appearance of fairness, any ex parte contract with a member of a public body can disqualify that member from the vote. "Ex parte contract" does not include discussions with employees of the governing body for the public of clarification or requests for additional information, but does include discussions in regard to the merits of the hearing item. (Ord. 203 §32(99), 1987)

"Factory built homes" include mobile homes, manufactured homes, and modular homes, excluding commercial coaches. The common characteristic of all factory built homes is that they are entirely or primarily constructed off site and transported to the residential lot. (Ord. 445, 2012)

"Feedlot" or "livestock feed yard" means a lot or parcel of land improved with corrals, fences, buildings or improvements, and used primarily for the feeding and fattening of livestock for subsequent sale, and includes the feeding of garbage for disposal. (Ord. 203 §32(100), 1987)

"Sight obscuring fence" means a fence constructed in such a way to obstruct vision. (Ord. 203 §32(101), 1987)

"Findings" means a written statement of facts, conclusions and determinations based on the evidence presented in relation to the hearings criteria and prepared by the approving authority in support of a decision. (Ord. 203 §32(102), 1987)

"Flag lot" means a parcel of land created by a subdivision or partition and which includes a narrow projection or "flagpole" to the public right of way. (Ord. 203 §32(103), 1987)

"Flagpole" means a narrow extension of property on a lot from the buildable area of a lot to the public right of way. (Ord. 203 §32(104), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(105), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(106), 1987)

"Flood hazard boundary map" means an official map of a community issued by the federal emergency management agency where the boundaries of the flood, mudslide (i.e., mudflow), and related erosion areas having hazards have been designated as zone A, M and/or E. (Ord. 203 §32(107), 1987)

"Flood insurance" means the insurance coverage provided under the federal flood insurance program. (Ord. 203 §32(108), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(109), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(110), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(111), 1987)

"Shallow flood zone" means an area where the base flood depths range from one to three feet (3'), a clearly defined channel does not exist, and the path of flooding is unpredictable and indeterminate. Such areas are designated AH or AO on the flood insurance rate map (FIRM). (Ord. 203 §32(112), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(113), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(114), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(115), 1987)

See section 17.112.050 of this title. (Ord. 408 §2, 2008: Ord. 203 §32(116), 1987)

"Floor area" means the maximum horizontal area of the building at the finished floor line, including any storage area. (Ord. 203 §32(117), 1987)

"Floor area ratio" means a mathematical expression determined by dividing the total floor area of a building by the area of the lot on which it is located, as floor area-lot-area = floor area ratio. (Ord. 203 §32(118), 1987)

"Frontage" means that portion of a parcel of property which abuts a public way, a dedicated public street, or highway. (Ord. 203 §32(119), 1987)

"Governing body" means any group of individuals elected by the general public, which are given the authority to make final decisions regarding points of ordinance or law after consideration of community wide (public) interest; locally, governing bodies may delegate the responsibilities for implementation of public policies to appointed bodies (for example, planning commission and hearings councils) and professional staff. (Ord. 203 §32(120), 1987)

"Grade" means the average elevation of the finished ground surface adjacent to the exterior walls of a building or a base of a structure. (Ord. 203 §32(121), 1987)

"Guesthouse" means an accessory residence built with no kitchen facilities, or a travel trailer, used for temporary use less than four (4) months' living accommodations, which is restricted to one such structure or trailer in addition to the main residence per legal lot. (Ord. 203 §32(122), 1987)

"Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking, recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". (Ord. 203 §32(123), 1987)

"Hardship" means a condition under which the strict adherence to the standards of this title would result in the virtual confiscation of the property in question; a condition so injurious to bear as to deprive a property owner of the use of his land. (Ord. 203 §32(124), 1987)

"Heliport" means any area used or to be used for the landing or takeoff of helicopters or other steep gradient aircraft capable of hovering, and shall include any and all of the area or buildings which are appropriate to accomplish these functions. (See definition of "airport/heliport".) (Ord. 203 §32(125), 1987)

"Historic district" means an area which exhibits the unique historic character of the area and has been designated as such on the official maps. (Ord. 203 §32(126), 1987)

"Historic landmark" means any historic resource, including its site or a geographic area, listed on the Nevada state register of historical landmarks. (Ord. 203 §32(127), 1987)

"Historic preservation" means the act or process of applying measures to sustain the existing form, integrity, material of a historic building, structure, or object, and the existing form and vegetation cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. (Ord. 203 §32(128), 1987)

"Historic rehabilitation" means the act or process of returning a property to a state of utility through repair or alteration, which makes possible an efficient, contemporary use, while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. (Ord. 203 §32(129), 1987)

"Historic resources" means a district, site, building, structure, object, or natural feature significant in American history, prehistory, architecture, archaeology, and culture. It may be of value to the nation as a whole, or solely to the community in which it is located. (Ord. 203 §32(130), 1987)

"Hog ranch" means any premises where three (3) or more hogs over six (6) months of age are kept. (Ord. 203 §32(131), 1987)

A "home occupation" means any activity engaged in for profit or business, conducted on a regular basis throughout the year, that has the characteristics of a commercial venture (contracts for products and services, advertising, liability insurance, business permits and licenses), and that is conducted by a resident as a secondary use of residential property.

   A.   Affected Properties: Those properties that are within three hundred feet (300') of the boundary of the applicant's property.

   B.   Home Occupation Permit: A one year, renewable permit that allows limited business activity to be conducted in a residential zone.

   C.   Minor Deviation: Means a use that requires less than a ten percent (10%) deviation from the required use in the zone and can be permitted without a public hearing. A "home occupation activity" that is less than a ten percent (10%) deviation from the land use requirements in residential zones is defined as an activity that: 1) does not require employees other than family members who reside on the premises; 2) will not generate traffic, parking, or deliveries in excess of normal residential use; 3) will not have an environmental impact on surrounding properties in excess of normal residential use (noise, dust, fumes, storage of flammable or hazardous materials, electrical interference); 4) will not require any modification of the dwelling or accessory buildings that is inconsistent with the residential character of the neighborhood; 5) a use that does not require visible outside storage of equipment or materials; and 6) a use that does not require more than twenty percent (20%) of the square footage of the total building space on the premises to be devoted solely to the business activity.

   D.   Permitted Use: "Permitted use" means those uses which are allowed to occur in a zoning district without review at a public hearing.

   E.   Premises: All references to the property in question shall be "premises" which shall include the dwelling, accessory buildings, and yard areas, as defined by this title.

   F.   Residential Zones: For the purposes of the home occupation permit, "residential zones" shall include any zoning designation that allows single-family dwellings (O-5, open range; R-A, ranch agricultural; and residential zones R-E, R-1, R-2, R-M, and M-H).

   G.   Special Use Permit: A "special use permit", pursuant to the definitions and procedures outlined in Nevada Revised Statutes 278.315, allows home occupation activity that exceeds the definition of a "minor deviation" (10 percent deviation) from the land use requirements of residential zoning designations. (Ord. 448, 2013)

"Horticulture" means the cultivation of vegetation. (Ord. 203 §32(133), 1987)

"Hospital" means an establishment catering to persons receiving medical, obstetrical, or surgical care which provides both eating and sleeping facilities for patients and provides nursing services on a continual basis. (Ord. 203 §32(134), 1987)

"Hotel" means a building which is designed, intended or used for the accommodation of tourists, transients, and permanent guests for compensation, and in which no provision is made for cooking in individual rooms or suites of rooms. Such rooms are not part of an institution in which human beings are normally housed or detained under legal restraint. (Ord. 203 §32(135), 1987)

"Injunction" means a legal order issued by the court prohibiting a party from doing a specified act. This may be either a temporary or permanent injunction. (Ord. 203 §32(136), 1987)

"Interested parties" means persons or agencies with standing (i.e., having a proprietary or monetary interest or being within sight or sound of the subject item) or persons having significant interest in an issue. (Ord. 203 §32(137), 1987)

"Interior yards" means the area within the designated setback. (Ord. 203 §32(138), 1987)

"Junkyard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, based, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including places where such uses are conducted entirely within a completely enclosed building, such as pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operative condition, or salvaged material incidental to manufacturing operations. (Ord. 203 §32(139), 1987)

"Kennel" means a lot or building in which four (4) or more dogs or cats at least six (6) months of age are kept for the purpose of protecting the animals from injury, containing the animals, and restricting entrance of animals. (Ord. 203 §32(140), 1987)

"Kindergarten" means public or private school or class for children, usually from four (4) to six (6) years old. (Ord. 203 §32(141), 1987)

"Kitchen" means any room and/or portion of a dwelling designed to be used for the cooking and preparing of foods. (Ord. 203 §32(142), 1987)

"Personal use landing strip" means an airstrip restricted, except for aircraft emergencies, to use by the owner of the aircraft based at the landing strip and by his invited guests. (See also definition of "airport/heliport".) (Ord. 203 §32(143), 1987)

"Legislative action" means an action or decision which is a law making function rather than a law applying action. (See also definition of "quasi-judicial action".) (Ord. 203 §32(144), 1987)

"Local utilities" means the usual electric power, telephone, gas, water, sewer drainage lines, and those in-line facilities such as gas regulating stations and water pumping stations. (Ord. 203 §32(145), 1987)

"Lot" means a parcel of land used or capable of being used under the regulations of this title, lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of its creation and suitable for sale, lease, or separate use. (Ord. 203 §32(146), 1987)

"Lot area" means the total area contained within the lot lines, measured on a horizontal plane, and excluding that area used for public ways, roads, streets and alleys. (Ord. 203 §32(147), 1987)

"Corner lot" means a lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°) within the lot lines. (Ord. 203 §32(148), 1987)

"Lot coverage" means that percentage of the total lot area covered by structure as defined in this chapter. (Ord. 203 §32(149), 1987)

"Lot depth" means the horizontal distance between the front and the rear lot lines. In the case of a corner lot, the depth shall be the length of its longest front lot line. (Ord. 203 §32(150), 1987)

"Interior lot" means a lot other than a corner lot. (Ord. 203 §32(151), 1987)

"Through lot" means an interior lot having a frontage of two (2) streets and/or highways. (Ord. 203 §32(152), 1987)

"Lot line" means the property line bounding a lot or parcel. (Ord. 203 §32(153), 1987)

"Front lot line" means the property line separating a lot or parcel from the street; in the case of a corner lot, the shortest property line along a street; in the case of a flag lot, the closest line, parallel to the public road, at the end of the flagpole. (Ord. 203 §32(154), 1987)

"Rear lot line" means a property line which is opposite and more distant from the front lot line. In the case of an irregular, triangular, or other shaped lot, a line ten feet (10') in depth within the lot parallel to and at a maximum distance from the front lot line. (Ord. 203 §32(155), 1987)

"Side lot line" means any lot 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. (Ord. 203 §32(156), 1987)

"Lot of record" means any platted subdivision lot, partition filed with the real estate commissioner of the state of Nevada, approved major or minor land partition parcel, independent ownerships of land, parcels for which valid building permits have been issued, or lots approved under this title. (Ord. 203 §32(157), 1987)

"Lot width" means the horizontal distance between the side lot lines ordinarily measured parallel to the front lot lines. (See also definition of "lot line, front" for corner lots.) (Ord. 203 §32(158), 1987)

"Average lot width" means the result obtained by dividing the total of lot width measurements taken every twenty feet (20'), beginning with the widest point, by the number of such measurements. (Ord. 203 §32(159), 1987)

"Maintain" means to cause or allow to continue in existence. When the context indicates, the words shall mean to preserve and care for a structure, improvement, condition or area to such an extent that it remains attractive, safe and presentable and carries out the purpose for which it was installed, constructed or required. (Ord. 203 §32(160), 1987)

"Major electrical transmission line" means any electrical line carrying an electrical load of sixty six (66) kV and above. (Ord. 203 §32(161), 1987)

"Metallurgy" means 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. (Ord. 203 §32(162), 1987)

"Mining activities" means the act, process or business of extracting resources from the ground, but not including the processing of such resources. (Ord. 203 §32(163), 1987)

"Mobile home (constructed before 1976), manufactured home (constructed after 1976)" means a vehicular structure which is built on a steel chassis or frame, is designed to be used with or without a permanent foundation, is capable of being drawn by a motor vehicle and is used as a dwelling. All mobile homes shall have the respective HUD (housing and urban development) sticker attached. (Ord. 445, 2012)

(Rep. by Ord. 445, 2012)

"Mobile home park" means an area or tract of land where two (2) or more mobile homes or mobile home lots are rented or held out for rent. "Mobile home park" does not include those areas or tracts of land, whether within or outside of a park, where the lots are held out or rented on a nightly basis. (Ord. 203 §32(166), 1987)

(Rep. by Ord. 445, 2012)

"Mobile home space" means a portion of land within a mobile home park used or intended to be used for parking of one mobile home, including required yards and parking area, attached or detached accessory building and open space.

   A.   Front line: Narrowest dimension fronting on a street.

   B.   Frontage width: Distance between the side space lines measured at the front line.

   C.   Depth: Distance between the front and rear space lines measured in the main direction of the side space line.

   D.   Side line: Space line or lot line which runs perpendicular to or approximately perpendicular to the front line. (Ord. 203 §32(168), 1987)

"Mobile home subdivision" means a subdivision of land platted in conformance with the Nevada Revised Statutes and applicable city of Ely ordinances for the purpose of providing mobile home lots. (Ord. 203 §32(169), 1987)

"Modification to an existing permit" means any change in the scope, character or nature of plans, specifications, etc., of any development which has been reviewed and approved by a governing body or its representative office. (Ord. 203 §32(170), 1987)

"Modular home" means a building designed and constructed to be used as a dwelling, 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 the regulations promulgated by the manufactured housing division of the department of commerce, pursuant to Nevada Revised Statutes 461.170, but does not include a mobile home. A modular building shall have the UBC (uniform building code) sticker attached. (Ord. 445, 2012)

"Moratorium" generally refers to and means a temporary freeze on the approval of all new development proposals or the issuance of building permits pending certain actions or conditions. In recent years, building moratoriums have been instituted by water and sewer agencies when sewage treatment facilities are inadequately providing for public health or when water shortages are threatened. (Ord. 203 §32(172), 1987)

"Motel" means a building or group of buildings used for transient residential purposes containing guestrooms or dwelling units with automobile parking space provided in connection therewith, which building or group is designed and used primarily for the accommodation of transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels, and similar designations. (Ord. 203 §32(173), 1987)

"Motor home" means a self-propelled vehicle providing residential accommodations. (Ord. 203 §32(174), 1987)

"Nonconforming lot, structure or use" means a lawful lot, structure or use, existing at the time this title or any amendment thereto takes effect, which does not conform to the requirements of this title or its amendments. (Ord. 203 §32(175), 1987)

"Nuisance" means any activity on one's land which tends to diminish the ability of the neighbors to enjoy their lands or rights. A public nuisance is generated if there is a violation of the zoning ordinance or other law, or if there is a violation of the public welfare in general. A nuisance per se is an activity that all reasonable men agree is a nuisance to the community as a whole. (Ord. 203 §32(176), 1987)

"Nursing home" or "convalescent home" means 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. (Ord. 203 §32(177), 1987)

"Official map" means an ordinance adopted and amended from time to time after public hearing by the board of county commissioners, containing a map or maps that show the precise locations of future rights of way and lands to be acquired by city or county, either through purchase or dedication. Copies of the official map will be maintained in the regional planning office for public inspection and will be used to facilitate the proper placement of buildings and structures in relation to future property lines. (Ord. 203 §32(178), 1987)

"Off street" means land which is not within the rights of way of any street or alley. (Ord. 203 §32(179), 1987)

The open range classification is intended to encourage commercial and industrial development of the county's natural resources while accommodating residential use. Normal ranching and agricultural practices shall not be considered a nuisance condition. Nothing herein is intended to interfere with normal ranching or agricultural practices that might result in conditions such as noise, dust, or odor. Mineral exploration and extraction shall also be permitted in this zone. (Ord. 454, 2014)

"Overlay zone" means a supplementary zone addressing the unique or special circumstances on the use of land beyond those normally applied to the zone (e.g., flooding, slopes, historic character). (Ord. 203 §32(180), 1987)

"Parcel" means a tract of land created by a partition or a lot of record. (Ord. 203 §32(181), 1987)

"Parking area" means an area containing parking spaces. (Ord. 203 §32(182), 1987)

"Parking lot" means an area other than a single-family dwelling used for the off street parking of more than two (2) motor vehicles, including parking spaces, access and maneuvering aisles. (Ord. 203 §32(183), 1987)

"Parking space" means an area permanently reserved for the temporary storage of any motor vehicle and connected with a street or driveway suitable for such vehicles, situated entirely outside the right of way of any public street or alley. (Ord. 203 §32(184), 1987)

"Permittee" means the person who is proposing to use or who is using the land pursuant to any permit required in this title. (Ord. 203 §32(185), 1987)

"Person" means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit. (Ord. 203 §32(186), 1987)

"Pets" means:

   A.   Dogs;

   B.   Common household cats, excluding large or exotic varieties normally located in the wild or displayed by zoological societies;

   C.   Birds, including poultry, and other small animals, when contained and housed within a residential structure and not present in sufficient numbers as to constitute a nuisance to neighbors or to constitute a business. (Ord. 203 §32(187), 1987)

"Planning director" means the director of planning for the White Pine County regional planning commission, or his authorized representative. (Ord. 203 §32(188), 1987)

"Planned unit development (PUD)" means a development of residential, commercial, industrial, and/or semipublic units grouped in a fashion which provides for variety and diversification of design features while maintaining density requirements. Planned unit developments should each be planned as an entity with options for such uses as grouping dwelling units, allowing an area for open space, mixing housing types (including mobile homes) and land uses, and should be designed to preserve or enhance natural features. (Ord. 203 §32(189), 1987)

"Pornography" means writing or pictures or films, etc., that are intended to stimulate erotic feelings by description or portrayal of sexual activities. (Ord. 203 §32(190), 1987)

"Private garage" means 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. (Ord. 203 §32(191), 1987)

"Professional office" means the place of business of a person engaged in a recognized profession. (Ord. 203 §32(192), 1987)

"Recognized profession" means a vocation, calling, occupation, or employment involving labor skills, education, special knowledge and compensation for profit, where the labor and skill involved is predominately mental or intellectual rather than physical or manual. (Ord. 203 §32(193), 1987)

"Proper and accepted agricultural customs and standards" shall be considered compliance with all applicable state and federal statutes and regulations governing the operation of the agricultural processing activity, operation, facility, or appurtenances thereof. (Ord. 454, 2014)

For the purposes of chapter 17.116 of this title, the term "property owner" shall mean any individual, corporation, quasi-public, or public entity with legal title to land as recorded with the White Pine County recorder's office including rights to use federally administered land conveyed by an agency of the United States government. (Ord. 453, 2014)

"Public body" means any administrative, advisory, executive or legislative body of the state or a local government which expends or disburses, or is supported, in whole or in part, by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof. (Ord. 203 §32(194), 1987)

"Public building" means relating to people as a whole, or a building that is used open to the entire community. (Ord. 203 §32(195), 1987)

"Public hearing" means a meeting of members of a public body, at which a quorum is present, and where there is an opportunity for all interested parties to be heard (i.e., to offer their views and to supply evidence in support of this view), and at which decisions are made on any matter over which the public body has jurisdiction or advisory power. (Ord. 203 §32(196), 1987)

"De novo public hearing" means a complete new hearing, including presentation of testimony and evidence and review of the criteria. (Ord. 203 §32(197), 1987)

"On the record public hearing" means a public hearing at which no new testimony or evidence is presented and decision making is based on the public records, testimony and evidence of a previous public hearing. (Ord. 203 §32(198), 1987)

"Public utilities" shall be defined as any activity identified as a public utility in Nevada Revised Statutes 704.020 and 704.021. (Ord. 454, 2014)

"Quasi-judicial" means as if, or almost as if, it were judicial. A type of activity where general laws or policies are applicable to specific property, according to certain preestablished procedures and in accordance with certain objective standards and criteria. (See also definition of "legislative action".) (Ord. 203 §32(200), 1987)

The ranch agricultural classification is intended to provide areas for large lot residential development on one, 2.5, five plus (5+), and ten plus (10+) acre parcels within five (5) miles of the corporate boundaries of existing townships and incorporated cities. Primary use of ranch agricultural zoning designations for one, two and a half (21/2), and five (5) acre parcels is single-family dwellings. Residential use may include small, hobby farming for personal use and limited commercial use as appropriate for the size of the property, which is conducted in a manner consistent with proper and accepted agricultural customs and standards and which does not detract from the residential quality of the neighborhood by generating noise, dust, or odor that is not consistent with standard agricultural practices. Use of ranch agricultural parcels of five (5) or more acres and ten (10) or more acres may include large scale commercial agricultural activity. (Ord. 454, 2014)

"Intensive use recreational development" means the development of structures or areas for human enjoyment, refreshment, interaction, diversion or amenity, where such structure exceeds eight hundred (800) square feet of floor area or where vehicular traffic is generated in excess of approximately one hundred (100) trips per acre per day. This may include, but shall not be limited to, such uses as bars, lodges, amusement centers, restaurants, social clubs or community centers, unless otherwise restricted by ordinance. (Ord. 203 §32(201), 1987)

"Low intensity recreational use" means the development of structures or areas for human enjoyment, refreshment, interaction, diversion or amenity, where such structures have less than eight hundred (800) square feet of floor area or where vehicular traffic is generally generated in an amount less than one hundred (100) trips per acre per day. This may include, but shall not be limited to, such uses as parks, fishing, boating, equestrian activities, golf courses, playgrounds, unless otherwise restricted by ordinance. (Ord. 203 §32(202), 1987)

"Recreational vehicle" means a vacation trailer, camping vehicle, or other unit with or without motive power, less than ten feet (10') wide and not more than forty five feet (45') long, which is designed for temporary human occupancy, for recreational travel, camping or emergency purposes, and has a floor space of less than two hundred twenty (220) square feet, excluding built in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. The unit shall be identified as a recreational vehicle by the manufacturer. (See also definition of "travel trailer".) (Ord. 203 §32(203), 1987)

See definition of "travel trailer park". (Ord. 203 §32(204), 1987)

"Renewable energy" means a source of energy that occurs naturally or is regenerated naturally, including, without limitation: biomass; fuel cells; geothermal energy; solar energy; water power; and wind. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy. (Ord. 452, 2014)

"Renewable energy generation project" means a project involving an electric generating facility or system having a nameplate capacity equal to or over ten (10) MW that uses renewable energy as its primary source of energy to generate electricity. The term does not include a project involving an electric generating facility or system that uses nuclear energy, in whole or in part, to generate electricity. (Ord. 452, 2014)

"Residence" means a place for permanent human habitation which falls into one of the following categories:

   A.   Dwelling, Single-Family: A building designed or used for residential purposes by not more than one family and containing one dwelling unit. A mobile home shall be considered a single-family dwelling.

   B.   Dwelling, Two-Family: See Duplex.

   C.   Duplex: A building containing two (2) dwelling units; also known as a two-family dwelling.

   D.   Dwelling Group: A group of three (3) or more dwellings, located on a parcel of land, in one ownership, and having any yard or court in common.

   E.   Dwelling, Multi-Family: A building containing three (3) or more dwelling units.

   F.   Dwelling Unit: One or more rooms designed for occupancy by one family.

   G.   Condominium: A multi-unit structure in which units are individually owned, but which does not provide the features of a condominium/hotel or hotel structure. In a condominium, there is outright ownership of a unit or airspace with a divided interest in the common element.

   H.   Row Houses: Multi-family or condominium residences which share common walls, and the entrances to each is from the ground floor, i.e., there are no units located totally above or below another unit. (Ord. 203 §32(205), 1987)

"Restaurant" means any establishment where food and drink is prepared for sale to the public. (Ord. 203 §32(206), 1987)

"Restrictive covenant" means a promise or condition contained in a deed or other recorded instrument imposing a limitation on the use of property. (Ord. 203 §32(207), 1987)

"Retail use" means a commercial establishment selling goods at retail; however, a home occupation shall not be considered as a retail use. (Ord. 203 §32(208), 1987)

"Riparian vegetation" means vegetation found on or near the banks of a river or other body of water. (Ord. 203 §32(209), 1987)

The following definitions apply to roads:

   A.   Road: The terms "road", "street", or "highway" mean and include the entire area between the right of way lines of any public road, or the entire width of a private road easement created to provide ingress or egress to land, including a private way that is created to provide ingress egress to land, including a private way that is created to provide ingress or egress to land in conjunction with the use of such land for forestry, mining, or agricultural purposes. Roads may be classified by their expected level of service and function.

   B.   Road Level Of Service And Ownership:

      1.   City Or County Road: A road which has become part of the city or county road system through dedication, has been given a city or county road name or number, and has a description on file in the office of the department of transportation. Such a road may or may not be maintained by the governing body.

      2.   Dedicated Way: A road dedicated to the public for road purposes, shown on a map or plat approved by the city or county and recorded in the records of either.

      3.   Dedicated Way, Maintained: A road which has been dedicated and is maintained by the governing body.

      4.   Private Road: A private road is created to provide ingress or egress to one to three (3) lots, parcels, areas, or tracts of land, and which has been approved for access purposes by the governing body. A private road shall be considered that portion of a lot or parcel that is used for access purposes as described by an easement. A private road is neither maintained by the governing body, nor can the governing body regulate its use or contract for its maintenance.

      5.   Prescriptive Road: A road which has judicially gained a public character by adverse use. A prescriptive road will not be considered suitable access for division purposes, unless it is improved to the applicable standards set forth. The county is not responsible for improving or maintaining a prescriptive road.

      6.   Public Road: A public road is a state highway or road, or any road which has been dedicated to the use of the public for road purposes. "Public road" does not include a road which has nominally or judicially gained a public character by prescriptive or adverse use, nor does the term apply to roads within the USDA forest service and bureau of land management (BLM) road systems.

      7.   Service Road: A road contained entirely within property boundaries and used for internal traffic flow. (Ord. 203 §32(210), 1987)

The following definitions apply to road functions:

   A.   Principal Arterial: A road which provides for through traffic between major centers of activity in urban, suburban, and rural areas.

   B.   Connector: A road which is used primarily as a connector from or through local areas or districts to one or more arteries.

   C.   Local Street: The function of the local street is to provide access to the property abutting the right of way and easements for utilities. The movement of traffic is secondary to access. There is not through traffic.

   D.   Cul-De-Sac: A street with only one outlet, having sufficient space at the closed end to provide vehicular turning area.

   E.   Frontage Road: A road which is parallel to and adjacent to an arterial or other limited access road or a railroad right of way, and which provides access to abutting properties.

   F.   Stubbed Road: A road having only one outlet, but which is intended to be extended or continued.

   G.   Alley: A public or private way not more than thirty feet (30') wide, affording only secondary means of access to abutting property. (Ord. 203 §32(211), 1987)

"Roadside stand" means a temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located. (Ord. 203 §32(212), 1987)

"Rooming house" means 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. (Ord. 203 §32(213), 1987)

"Sanatorium" means a building or institution for the recuperation and treatment of persons with physical or mental disorders. (Ord. 203 §32(214), 1987)

"Sanitary landfill" means the disposal of solid waste by compaction in or upon land and the covering up of all waste deposited with earth or other approved cover material at least once each operating date. (Ord. 203 §32(215), 1987)

"Saturday market" or "arts and crafts fair" means the outdoor extended sales of newly manufactured (handcrafted) goods, including sales of food. A manager shall accept responsibility, supplying proof of ownership or lease arrangement. (Ord. 203 §32(216), 1987)

"Public school" and "private school" means an educational institution, which may include curriculums in kindergarten, elementary, secondary, higher education, vocational education or special education; public schools being those that received their support through public taxation and whose textbooks and courses of study are under the control of the state board of education. (Ord. 203 §32(217), 1987)

"Screen wall" means a masonry wall or opaque fence so constructed as to prevent the view of enclosed activities or uses from without. (Ord. 203 §32(218), 1987)

"Setback" means the requirement of zoning and building regulations that a building be placed a certain distance from a street or lot line either on the street level or at a prescribed height. (Ord. 203 §32(219), 1987)

"Sign" means any device which identifies, describes, illustrates, or otherwise directs attention to a product, place, activity, goods, services, person, institution or business, or which otherwise promotes the sale of objects or identifies objects for sale, and which is affixed to a building, structure or the land.

This definition shall not include official notices issued by a court or public body or officer, or directional, warning or information signs or structures required by or authorized by law or by federal, state, county or city authority. (Ord. 203 §32(220), 1987)

In determining whether a sign is within the area limitations of this title, the area of the total exterior surface shall be measured and computed in square feet; provided, that where the sign has two (2) or more faces, the area of the total exterior surface shall be measured and divided by the number of faces; and provided further, that if the interior angle between the plans of two (2) faces exceeds one hundred thirty five degrees (135°), they shall be deemed a single face for the purposes thereof. Measurements shall be made at the extreme horizontal and vertical limits of a sign. In regard to signs painted on walls or fences, the area shall be that rectangle which would cover the sign. (Ord. 203 §32(221), 1987)

"Ground sign" means any sign which is supported by one or more uprights, poles or braces in or upon the ground other than a combination sign. (Ord. 203 §32(222), 1987)

"Projecting sign" means a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. (Ord. 203 §32(223), 1987)

"Roof sign" means a sign erected upon or above a roof or parapet of a building or structure. (Ord. 203 §32(224), 1987)

"Temporary sign" means any sign, banner, pennant or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. (Ord. 203 §32(225), 1987)

"Wall sign" means any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plan of the wall. (Ord. 203 §32(226), 1987)

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. (Ord. 203 §32(227), 1987)

"Sketch" or "conceptual plan" means a quickly drawn plan made only after limited study and analysis. Its function is to assemble and examine preliminary ideas early in the planning process and to elicit response from the client or policy makers in order to set a direction for subsequent stages of work. (Ord. 203 §32(228), 1987)

"Slaughterhouse" means a place where cattle, sheep, hogs, or other animals are killed or butchered for market or for sale. (Ord. 203 §32(229), 1987)

"Slope easement" means an area adjoining a road which is affected by the road rill or cut, but is not within the road easement or right of way. (Ord. 203 §32(230), 1987)

"Solar orientation" means the layout and design of parcels and sitting of a structure on building lots to take advantage of solar insulation for optimal utilization of the sun as an energy source. (Ord. 203 §32(231), 1987)

"Solid waste" means all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste. The term does not include hazardous waste managed pursuant to Nevada Revised Statutes 444.700 to 444.778, inclusive. (Ord. 203 §32(232), 1987)

"Solid waste disposal site" means an area used for the collection, storage, transfer, treatment utilization, or processing of waste material. "Solid waste disposal site" includes, but is not limited to, dumps, landfills, sanitary landfills, incineration, transfer stations, and composting and recycling plants. (Ord. 203 §32(233), 1987)

A "special use permit" is a special exception to the requirements of the zoning designation in which a property is located. A "special use permit" allows the property owner to conduct uses which are not allowed as a matter of right within the zoning district. It may be approved or approved with special terms and conditions by the county commission and becomes a property right unless revoked by the White Pine County commission. (Ord. 447, 2013)

"Spot zoning" means the awarding of a use classification to an isolated parcel of land which is detrimental or incompatible with the uses of surrounding area, particularly when such an act favors a particular owner. Such zoning has been held to be illegal by the courts on the grounds that it is unreasonable and capricious. A general plan or special circumstances such as historical value, environmental importance, or scenic value could justify special zoning for a small area. (Ord. 203 §32(234), 1987)

See definition of "roads". (Ord. 203 §32(235), 1987)

"Structural alteration" means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls. (Ord. 203 §32(236), 1987)

"Structure" means that which is built or constructed; an edifice or building of any kind or any piece of work artificially built upon or composed of parts joined together in some manner and which requires location on the ground or which is attached to something having a location on the ground. (Ord. 203 §32(237), 1987)

Total structure height for all buildings and accessory buildings including any additional apparatus affixed to a building such as an antenna, satellite dish, or flagpole and electrical transmission and communications facilities including transmission lines, wind turbines, and towers and environmental testing equipment including anemometers may not exceed two and one-half (21/2) stories or thirty five feet (35') in height without a variance. Electrical power poles and telephone poles that are required to deliver services to structures are exempt from this requirement. (Ord. 454, 2014)

"Substation" means a station subordinate or subsidiary to another station. (Ord. 203 §32(238), 1987)

"Tavern" means a place where the preparation, sale or consumption of alcoholic beverages is the principal activity. (Ord. 203 §32(239), 1987)

"Tax lot" means a parcel, lot, or other unit of land as created by the county assessor for the purpose of taxation. (Ord. 203 §32(240), 1987)

"Temporary living quarters" means a dwelling unit which is utilized for a specified and limited time only. (Ord. 203 §32(241), 1987)

"Tent" means a fabric shelter supported by poles or rope, which is designed for human occupancy and to be used temporarily for recreational or emergency purposes, but not for permanent or residential purposes. (Ord. 203 §32(242), 1987)

"Townhouse" means a single-family dwelling unit, on a separately platted lot, with use and occupancy identical to all other single-family dwellings, except without the required yard setbacks in the side yard. Fire separations are required between each townhouse, and such required fire separation may be obtained by two (2) separate one hour fire resistive walls, or a single masonry wall, having a two (2) hour fire resistive rating. Such fire walls shall have no penetrations whatsoever. Each townhouse must have separate utility services; however, general utility services, on that land owned and maintained by a homeowner's association, will be allowed. Each common wall shall be covered by a set of deed restrictions. (Ord. 203 §32(243), 1987)

"Travel trailer" means a portable structure mounted on wheels, constructed on a vehicular type of 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. (See also definition of "recreational vehicle".) (Ord. 203 §32(244), 1987)

"Travel trailer park" means a development designed primarily for transient service on which two (2) or more travel trailers, pickup campers, tent trailers, or similar items, or self-propelled motorized vehicles are parked and used for the purpose of supplying to the public a temporary location while traveling, vacationing, or recreating, including any recreating, including any accessory buildings, structures and uses customarily incidental to such a park. (Ord. 203 §32(245), 1987)

"Uniform building code" means the latest edition of the uniform building code published by the Pacific Coast Building Officials Conference, which has been adopted by the city of Ely or White Pine County, as appropriate, and as it may have been amended in its adoption. (Ord. 203 §32(246), 1987)

"Urban area" means land that is planned for urban settlement and use. Generally, the area in which a full range of services already exist; that area within the corporate limits of the city of Ely. (Ord. 203 §32(247), 1987)

"Urban facilities and services" means key facilities and appropriate types and levels of at least the following: police protection; fire protection; sanitary facilities; storm drainage facilities; planning, zoning, and subdivision control; health services; recreation facilities and services; energy and communication services; and community governmental services. (Ord. 203 §32(248), 1987)

"Urban fringe" means an area at the edge of an urban area usually made up of mixed agricultural and urban land uses. (Ord. 203 §32(249), 1987)

"Use" means the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained, whether on a permanent or temporary basis. (Ord. 203 §32(250), 1987)

"Permitted use" means those uses which are allowed to occur in a zoning district without review at a public hearing. (Ord. 203 §32(251), 1987)

"Conditionally permitted use" means that use which requires a public hearing and a decision of approval prior to issuance of a permit. (Ord. 203 §32(252), 1987)

"Utility facility" means those necessary appurtenances including related right of ways for the transmission of electric power, gas, water, sewage, telephone and other in-line facilities needed for the operation of such facilities, such as gas regulating stations, pumping stations, power or communication substations, dams, reservoirs, and related powerhouses. Additionally, a utility facility means any energy device and/or system that generates energy from renewable energy resources, including solar, hydro, wind, biofuels, wood, geothermal, or similar sources. (Ord. 203 §32(253), 1987)

A "variance" is a special exception that allows an applicant to deviate from the set of rules applied to land use and land development. The variance may be approved, approved with special terms and conditions by the county commission and becomes a property right unless revoked by the county commission. (Ord. 447, 2013)

"Vision clearance area" means an area adjacent to the rights of way of a road or street which contains no sight obscuring planting, fence, wall or structure. (Ord. 203 §32(254), 1987)

"Nonhazardous waste disposal site" means land used for the disposal or handling of solid wastes, including, but not limited to, dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning by the public or by a solid waste collection service and composting plants. Nonhazardous sites do not include hazardous wastes as defined by state administrative rule. (Ord. 203 §32(255), 1987)

"Public work yard" means an enclosed area for the storage of vehicles and supplies and the provision of maintenance services for public facilities. (Ord. 203 §32(256), 1987)

"Yard" means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this regulation. (Ord. 203 §32(257), 1987)

"Front yard" means a yard between side lot lines measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building. (Ord. 203 §32(258), 1987)

"Rear yard" means a yard between side lot lines measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the building. (Ord. 203 §32(259), 1987)

"Side yard" means a yard between the front and rear measured horizontally and at right angles from the side lot line to the nearest point of the building. In the case of a corner lot, the side yard bordering the street shall extend from the front yard to the rear lot line. (Ord. 203 §32(260), 1987)