A.   Definition: When the term "other uses which the commission determines to be similar" is used, it shall mean those other uses which, in the judgment of the commission, are similar to and not more objectionable to the health, safety and general welfare than the uses listed in the same section. In no case shall a use listed in a less restricted district be permitted in a more restricted district by interpretation.

   B.   Compliance Required: It shall be unlawful for any person to erect, construct, establish, alter, enlarge, or permit to be erected, constructed, established, altered or enlarged, or to use or occupy or permit to be used or occupied, any land, building or premises for any purpose or in any manner contrary to the provisions of this title. (Ord. 410, 8-25-1986)

   A.   Existing Lot: The requirements of this title as to minimum lot area shall not be construed to prevent the use for a single-family dwelling on any lot or parcel of land other than in the O and M-2 districts in the event that such lot or parcel of land was held in separate ownership at the time of adoption on March 7, 1907. (Ord. 410, 8-25-1986; amd. 2001 Code)

   B.   Joint Use Of Yard Area: No portion of any lot or parcel of land which has been designated or used as a part of a lot area or yard as required by this title shall be included as a portion of an area or yard for another building if such inclusion will reduce the lot area or yard required for the original lot or parcel of land to less than the minimum lot area or dimension of yard required for the zoning district in which such property is located.

   C.   Reduction Below Minimum Standards: No lot or parcel of land held under separate ownership at the effective date hereof, shall be reduced in any manner below the minimum lot area, size or dimensions required by this title.

   D.   Location Of Buildings: Every building hereafter erected shall be located on a "lot" as herein defined. In no case shall there be more than one main residential building and its accessory building on one lot. Dwelling groups may be considered as one main residential building.

   E.   Undedicated Street: No building permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion of its required width and located on that side thereof from which no dedication was secured, unless the yards provided on such lot include both that portion of the lot lying within the future street and the required yards.

   F.   Parking Area, Space Or Loading Area: No parking area, parking space or loading space which is provided for the purpose of complying with the provisions of this title, shall thereafter be relinquished or reduced in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, the location of which is approved by the commission.

   G.   Residential Buildings And Uses In Commercial Or Manufacturing District: Residential buildings and uses in a commercial or manufacturing district shall maintain the area requirements of the R-M-50 district for such building or uses. (Ord. 410, 8-25-1986)

The permitted height of buildings shall be exclusive of roof structures and structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts or similar structures. (Ord. 410, 8-25-1986)

   A.   Outside Stairways, Fire Escapes And Porches: Outside stairways, fire escapes or porches if unroofed and unenclosed may extend into a required side yard for a distance not to exceed three feet (3') or into the required rear yard for a distance not to exceed four feet (4').

   B.   Cornices, Canopies, Eaves Or Other Architectural Features: Cornices, canopies, eaves or other similar architectural features may extend into a required yard not to exceed two feet (2').

   C.   Accessory Buildings: Accessory buildings in a residential district shall not be permitted to occupy more than one-third (1/3) the total area of such rear yard.

   D.   M-1 Or C Districts: In any M-1 district or any C district, the following requirements shall apply:

      1.   Residential buildings and uses shall maintain the yard requirements of the R-M-50 district for such buildings or uses.

      2.   Where abutting any R district, a minimum side yard of a width not less than that specified for an R-M district shall be required. (Ord. 410, 8-25-1986)

Fences, walls and hedges may be located in required yards as follows:

   A.   Under Four Feet: If not exceeding four feet (4') in height, such may be located in any yard or court.

   B.   Under Six Feet: If not exceeding six feet (6') in height, such may be located in any required rear yard or side yard; provided, that on a corner lot, the rear of which abuts the front area of another lot in an R district, no such fence, wall or hedge shall exceed four feet (4') in height in the exterior side yard.

   C.   Corner Lot In Residential District: On any corner lot in an R district, there shall be no structure, fences, shrubbery or obstruction to vision more than three and one-half feet (31/2') high within twenty five feet (25') of the intersection of any two (2) street curb lines; provided, however, that shade trees of sufficient height to permit sight distance one street to the other under the lowest branches of foliage thereof, may be permitted and maintained. (Ord. 410, 8-25-1986)

   A.   Required: It shall be unlawful to locate, erect or construct any building or any lot without provision for approved water supply and sewage disposal facilities. Wherever an existing water and/or sewer main is accessible, connections shall be made with such mains, in every other case, individual water supply and sewage disposal facilities meeting the requirements of the health department agency, shall be installed under its supervision.

   B.   Certificate Of Approval: A certificate of approval of the proposed method of water supply and sanitary disposal of wastes shall be obtained from the health department agency prior to the filing of the application for a building permit, and such certificate shall accompany each such application. (Ord. 410, 8-25-1986)

   A.   All new construction as determined by the Ely building inspector shall be required to install curbs and gutters as required by the applicable building codes.

   B.   In the event the new construction is being constructed on a street or roadway that is currently paved, the owner/builder, developer or contractor shall fill in the pavement from the newly installed curb and gutter to the existing pavement of the roadway. (Ord. 627, 8-14-2008)