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Ely City Zoning Code

CHAPTER 4

RESIDENTIAL DISTRICTS

12-4A-1: PURPOSE:

To provide permanent area for small farms, hobby farms, and limited agricultural development for personal use. (Ord. 410, 8-25-1986)

12-4A-2: USES:

 
P = Permitted use
S = Special use
N = Not permitted
 
R-E-43
R-E-21
R-E-43
R-E-21
Accessory buildings and uses
P
P
Agricultural uses as follows: field crops, truck gardening, berry and tree crops, flower gardening, nurseries, greenhouses, orchards, bird habitats and bee houses
P
P
Animal raising as an incidental use as follows: no animals less than 1/2 acre and 1/2 acre for each of the following: 1 cow, 2 horses, 2 goats, 2 sheep, and 100 fowl
P
P
Churches
S
S
Commercial power generating and transmission facilities corridors
S
S
Dwelling or mobile home
P
P
Home occupation
P
P
Poultry, rabbit, fish or frog farms, including the killing and dressing of animals raised on premises
P
P
Public and quasi-public buildings and uses; parks and recreation areas, public utilities facilities
S
S
Public utilities and communications buildings/substations necessary for public service
S
S
Public utilities and communications rights of way necessary for public use
S
S
Sale of products of the above uses produced on the premises provided no permanent commercial building is constructed primarily for such use
P
P
Other uses commission deems to be similar
S
S
 
(Ord. 410, 8-25-1986; amd. Ord. 647, 6-23-2011)

12-4A-3: MINIMUM LOT AREA, WIDTH, YARD AND MAXIMUM HEIGHT REGULATIONS:

 
R-E-43
R-E-21
Area
43,560 sq. ft.
21,780 sq. ft.
Yard, front
20 ft.
20 ft.
Yard, side
5 ft. one side
5 ft. one side
10 ft. second side. If a corner lot is involved, the minimum setback shall be 15 ft. on the side of the corner lot
10 ft. second side. If a corner lot is involved, the minimum setback shall be 15 ft. on the side of the corner lot
Yard, rear
25 ft.
25 ft.
Maximum height
2 stories or 35 ft.
2 stories or 35 ft.
 
(Ord. 410, 8-25-1986; amd. Ord. 626, 5-8-2008)

12-4A-4: ACCESSORY STRUCTURES AND PATIOS:

The requirements for "accessory structures" shall be as follows:
If the "accessory structure" is ten feet by twelve feet (10' x 12') or smaller, there shall be a minimum setback of five feet (5') on sides and rear. Furthermore, no permit shall be required for a structure this size unless electrical or plumbing is added to the building.
If the "accessory structure" is located on an interior lot and is larger than ten feet by twelve feet (10' x 12'), there shall be a minimum setback of five feet (5') on sides, ten feet (10') at rear of the lot, and twenty feet (20') at front of the lot.
If the "accessory structure" is located on a corner lot and is larger than ten feet by twelve feet (10' x 12'), there shall be a minimum setback of five feet (5') on sides, ten feet (10') on the street side of the lot, ten feet (10') at the rear of the lot, and twenty feet (20') at the front of the lot.
The requirements for "patios" shall be as follows:
If the "patio" is located on an interior lot, there shall be a minimum setback of five feet (5') on sides, ten feet (10') at rear of the lot, but twenty feet (20') at rear of the lot if patio doubles as a balcony.
If the "patio" is located on a corner lot, there shall be a minimum setback of five feet (5') on interior side, ten feet (10') on street side of the lot, ten feet (10') at the rear of the lot, but twenty feet (20') at rear of the lot if patio doubles as a balcony. (Ord. 626, 5-8-2008)

12-4B-1: PURPOSE:

To provide appropriate locations where low density residential neighborhoods may be established, maintained and protected. The regulations also permit the establishment, with proper controls of public and semipublic uses, such as churches, schools, libraries, parks and playgrounds, which serve the requirements of families. The regulations are intended to prohibit those uses that would be harmful to a single-family neighborhood. (Ord. 410, 8-25-1986)

12-4B-2: USES:

 
P = Permitted use
S = Special use
N = Not permitted
 
R-1-100
R-1-75
R-1-50
R-1-100
R-1-75
R-1-50
Accessory buildings and uses
P
P
P
Agricultural as follows: gardening berry and tree crops, greenhouse as an incidental use
P
P
P
Church
S
S
S
Commercial power generating and transmission facilities necessary for public use
S
S
S
Dwelling: one-family
P
P
P
Home occupation
P
P
P
Nursery school and day nursery
S
S
S
Public and quasi-public buildings and uses, parks and recreation areas, public utility facilities
S
S
S
Public utilities and communication buildings/substations necessary for public use
S
S
S
Public utilities and communications rights of way necessary for public service
S
S
S
Other uses commission deems to be similar
S
S
S
 
(Ord. 410, 8-25-1986)

12-4B-3: MINIMUM LOT AREA, WIDTH, YARD AND MAXIMUM HEIGHT REGULATIONS:

R-1-100
R-1-75
R-1-50
R-1-100
R-1-75
R-1-50
Area
10,000 sq. ft.
7,500 sq. ft.
5,000 sq. ft.
Width
90 ft.
75 ft.
50 ft.
Yard, front
20 ft.
20 ft.
20 ft.
Yard, side
5 ft. one side
5 ft. one side
5 ft. one side
10 ft. second side. If a corner lot is involved, the minimum setback shall be 15 ft. on the side of the corner lot
10 ft. second side. If a corner lot is involved, the minimum setback shall be 15 ft. on the side of the corner lot
10 ft. second side. If a corner lot is involved, the minimum setback shall be 15 ft. on the side of the corner lot
Yard, corner exterior side
20 ft.
15 ft.
15 ft.
Yard, rear
25 ft.
25 ft.
25 ft.
Maximum height
2 stories or 35 ft.
2 stories or 35 ft.
2 stories or 35 ft.
 
(Ord. 410, 8-25-1986; amd. Ord. 626, 5-8-2008)

12-4B-4: ACCESSORY STRUCTURES AND PATIOS:

The requirements for "accessory structures" shall be as follows:
If the "accessory structure" is ten feet by twelve feet (10' x 12') or smaller, there shall be a minimum setback of five feet (5') on sides and rear. Furthermore, no permit shall be required for a structure this size unless electrical or plumbing is added to the building.
If the "accessory structure" is located on an interior lot and is larger than ten feet by twelve feet (10' x 12'), there shall be a minimum setback of five feet (5') on sides, ten feet (10') at rear of the lot, and twenty feet (20') at front of the lot.
If the "accessory structure" is located on a corner lot and is larger than ten feet by twelve feet (10' x 12'), there shall be a minimum setback of five feet (5') on sides, ten feet (10') on the street side of the lot, ten feet (10') at the rear of the lot, and twenty feet (20') at the front of the lot.
The requirements for "patios" shall be as follows:
If the "patio" is located on an interior lot, there shall be a minimum setback of five feet (5') on sides, ten feet (10') at rear of the lot, but twenty feet (20') at rear of the lot if patio doubles as a balcony.
If the "patio" is located on a corner lot, there shall be a minimum setback of five feet (5') on interior side, ten feet (10') on street side of the lot, ten feet (10') at the rear of the lot, but twenty feet (20') at rear of the lot if patio doubles as a balcony. (Ord. 626, 5-8-2008)

12-4C-1: PURPOSE:

To provide appropriate locations where medium to high density residential neighborhoods on lots of not less than five thousand (5,000) square feet may be established, maintained and protected. The regulations also permit the establishment of, with proper controls, the public and semipublic uses, such as churches, schools, libraries, parks and playgrounds, etc., which serve the requirements of families. The regulations are intended to prohibit those uses that would be harmful to medium to high density residential neighborhoods. Lots created prior to August 25, 1986, that are smaller than five thousand (5,000) square feet shall be deemed to be conforming R-2-50 lots for the purposes of this section. (Ord. 410, 8-25-1986; amd. Ord. 668, 6-12-2014)

12-4C-2: USES:

 
P = Permitted use
S = Special use
N = Not permitted
 
R-2-75
R-2-50
R-2-75
R-2-50
Accessory buildings and uses
P
P
Dwelling, one-family
P
P
Dwelling, two-family
P
P
Church
S
S
Commercial power generating and transmission facilities necessary for public use
S
S
Gardening: berry and tree crops, greenhouse for propagation and culture as incidental to residential use only
P
P
Home occupation
P
P
Nursery school and day nursery
S
S
Public, quasi-public buildings and uses, parks and recreation areas; public utility facilities
S
S
Public utilities and communications buildings/substations necessary for public use
S
S
Public utilities and communications rights of way necessary for public service
S
S
Signs over 25 square feet
S
S
Single-family dwellings on individual lots not less than 35 feet in width and 100 feet in depth, on adjacent side yard on each such lot may be eliminated
S
S
Other uses commission deems to be similar
S
S
 
(Ord. 410, 8-25-1986; amd. Ord. 647, 6-23-2011)

12-4C-3: MINIMUM LOT AREA, WIDTH, YARD AND MAXIMUM HEIGHT REGULATIONS:

R-2-75
R-2-50
R-2-75
R-2-50
Area
7,500 sq. ft.
5,000 sq. ft.
Width
75 ft.
50 ft.
Yard, front
20 ft.
20 ft.
Yard, side
5 ft. one side
5 ft. one side
10 ft. on other
10 ft. second side
Yard, corner exterior side
15 ft.
15 ft.
Yard, rear
25 ft.
25 ft.
Maximum height
2 stories or 35 ft.
2 stories or 35 ft.
 
(Ord. 410, 8-25-1986; amd. Ord. 626, 5-8-2008)

12-4C-4: ACCESSORY STRUCTURES AND PATIOS:

The requirements for "accessory structures" shall be as follows:
If the "accessory structure" is ten feet by twelve feet (10' x 12') or smaller, there shall be a minimum setback of five feet (5') on sides and rear. Furthermore, no permit shall be required for a structure this size unless electrical or plumbing is added to the building.
If the "accessory structure" is located on an interior lot and is larger than ten feet by twelve feet (10' x 12'), there shall be a minimum setback of five feet (5') on sides, ten feet (10') at rear of the lot, and twenty feet (20') at front of the lot.
If the "accessory structure" is located on a corner lot and is larger than ten feet by twelve feet (10' x 12'), there shall be a minimum setback of five feet (5') on sides, ten feet (10') on the street side of the lot, ten feet (10') at the rear of the lot, and twenty feet (20') at the front of the lot.
The requirements for "patios" shall be as follows:
If the "patio" is located on an interior lot, there shall be a minimum setback of five feet (5') on sides, ten feet (10') at rear of the lot, but twenty feet (20') at rear of the lot if patio doubles as a balcony.
If the "patio" is located on a corner lot, there shall be a minimum setback of five feet (5') on interior side, ten feet (10') on street side of the lot, ten feet (10') at the rear of the lot, but twenty feet (20') at rear of the lot if patio doubles as a balcony. (Ord. 626, 5-8-2008)

12-4D-1: PURPOSE:

To provide appropriate locations where medium to high density residential neighborhoods may be established, maintained and protected. The regulations also permit the establishment of, with proper controls, the public and semipublic uses, such as churches, schools, libraries, parks and playgrounds, etc., which serve the requirements of families. The regulations are intended to prohibit those uses that would be harmful to medium to high density residential neighborhoods. (Ord. 410, 8-25-1986; amd. Ord. 757, 6-13-2024, eff. 7-11-2024)

12-4D-2: USES:

 
P = Permitted use
S = Special use
N = Not permitted
 
R-M-75
R-M-50
R-M-T
R-M-75
R-M-50
R-M-T
Accessory buildings and uses
P
P
N
Tiny houses
N
N
P
Manufactured homes from 400 - 900 sq. ft.
N
N
P
Apartment house or apartment hotel
P
P
N
Buildings and structures 21/2 stories or 35 feet in height
S
S
N
Church
P
P
S
Clinic: medical and dental
S
S
S
Commercial power generating and transmission facilities and corridors
S
S
N
Condominium
P
P
N
Convalescent center
S
S
N
Dwelling: one-unit per lot
P
P
P
Dwelling: two-unit and multiple-unit per lot
P
P
N
Dwelling groups comprised of a single lot
S
S
N
Dwelling groups comprised of multiple lots
S
S
S
Home occupation
P
P
S
Lodging house
P
P
N
Nursery school and daycare nursery
P
P
N
Office, professional
S
S
N
Public and quasi-public buildings and uses, parks and recreation areas, public parking areas
S
S
S
Public utilities and communications buildings/substations necessary for public use
S
S
S
Public utilities and communications rights of way necessary for public service
S
S
S
Rest home
S
S
N
Sanitarium
S
S
N
Signs as follows: nameplate, property, public and identification
S
S
S
Other uses city council deems to be similar
S
S
S
 
(Ord. 613, 10-12-2006; amd. Ord. 757, 6-13-2024, eff. 7-11-2024)

12-4D-3: MINIMUM LOT AREA, WIDTH, YARD AND MAXIMUM HEIGHT REGULATIONS:

R-M-75
R-M-50
R-M-T
R-M-75
R-M-50
R-M-T
Area
7,500 sq. ft. with 1,750 sq. ft. additional for each unit in excess of 4
5,000 sq. ft. with 1,250 sq. ft. additional for each unit in excess of 4
2,000 sq. ft. - max 4,999 sq. ft.
Width
75 ft.
50 ft.
No minimum
Yard, front
20 ft.
20 ft.
20 ft.
Yard, side
5 ft. one side
5 ft. one side
5 ft. one side
10 ft. second side. If a corner lot is involved, the minimum setback shall be 15 ft. on the side of the corner lot
10 ft. second side. If a corner lot is involved, the minimum setback shall be 15 ft. on the side of the corner lot
5 ft. second side. If a corner lot is involved, the minimum setback shall be 15 ft. on the side of the corner lot
Yard, corner exterior side
15 ft.
10 ft.
10 ft.
Yard, rear
25 ft.
25 ft.
25 ft.
Maximum height
2 stories or 35 ft.
2 stories or 35 ft.
2 stories or 25 ft.
 
(Ord. 613, 10-12-2006; amd. Ord. 626, 5-8-2008; Ord. 757, 6-13-2024, eff. 7-11-2024)

12-4D-4: ACCESSORY STRUCTURES AND PATIOS:

The requirements for "accessory structures" shall be as follows:
   If the "accessory structure" is ten feet by twelve feet (10' x 12') or smaller, there shall be a minimum setback of five feet (5') on sides and rear. Furthermore, no permit shall be required for a structure this size unless electrical or plumbing is added to the building.
   If the "accessory structure" is located on an interior lot and is larger than ten feet by twelve feet (10' x 12'), there shall be a minimum setback of five feet (5') on sides, ten feet (10') at rear of the lot, and twenty feet (20') at front of the lot.
   If the "accessory structure" is located on a corner lot and is larger than ten feet by twelve feet (10' x 12'), there shall be a minimum setback of five feet (5') on sides, ten feet (10') on the street side of the lot, ten feet (10') at the rear of the lot, and twenty feet (20') at the front of the lot.
The requirements for "patios" shall be as follows:
   If the "patio" is located on an interior lot, there shall be a minimum setback of five feet (5') on sides, ten feet (10') at rear of the lot, but twenty feet (20') at rear of the lot if patio doubles as a balcony.
   If the "patio" is located on a corner lot, there shall be a minimum setback of five feet (5') on interior side, ten feet (10') on street side of the lot, ten feet (10') at the rear of the lot, but twenty feet (20') at rear of the lot if patio doubles as a balcony. (Ord. 626, 5-8-2008; amd. Ord. 757, 6-13-2024, eff. 7-11-2024)

12-4D-5: TINY HOMES:

   A.   Tiny House Defined: "Tiny House" shall be defined in accordance with the definition adopted in the International Residential Code adopted by the city.
   B.   Zoning:
      1.   Tiny houses may be located in tiny house subdivisions within an R-M-T zoning district and classified as tiny houses and/or single-family residential units on any building permit or zoning approval issued within the zoning district.
      2.   No tiny houses shall be located in an area with a substantially greater exposure to adverse to human health and environmental effects than other zoning districts throughout the city.
   C.   Requirements: Tiny houses being built or installed in an R-M-T zoning district shall:
      1.   Be built on a permanent foundation;
      2.   Have access to community water and wastewater services;
      3.   Have adequate parking for homeowners and guests; and
      4.   Be a minimum of two hundred fifty square feet (250 sq. ft.) with a maximum of nine hundred square feet (900 sq. ft.) in compliance with the current international residential code adopted by the city. (Ord. 757, 6-13-2024, eff. 7-11-2024)