The following shall prevail:

A.

The express enumeration in this title of a particular class of building or use in any district shall be determined a prohibition of such building or use in all more restrictive districts unless so specified.

B.

Uses not specifically permitted in any land use district and not specifically excluded therefrom by this title may be permitted in that district as determined by the planning commission if such uses are similar to and not more obnoxious than uses specifically permitted or if such uses are accessory to uses so allowed.

C.

The planning commission may reclassify a use when such reclassification does not violate the intent of this title and providing the planning commission publishes notification and holds at least one public hearing thereon.

D.

A list, to be known as the "Supplementary Land Use Classification," shall be compiled to include all classified or reclassified uses, with date of opinion, use districts so designated and whatever conditions, if any, and such classification shall have the same force and effect as if such uses were classified in this title.

(Prior code §24-13).

Any building for which a permit has been issued and which is in conflict with this title, and on which substantial work has been performed before the effective date of the ordinance codified in this title, may be continued and completed in accordance with the plans and specifications upon which basis the permit was issued.

(Prior code §24-14).

Where a lot is divided into separate ownerships and the area of either portion is such that the number and location of buildings thereon no longer conforms to the lot area requirements of the district, then, in the determination of the permissive number and location of buildings on either portion, both parts shall be considered as one.

(Prior code §24-15).

A hotel or motel may contain such business uses as are customary and incident thereto providing such business uses, unless otherwise permitted, have all public entrances thereto restricted to the interior portion of the hotel or motel and no advertising or displays are visible from the outside thereof.

(Prior code §24-16).

Building lines for all buildings shall be as shown on that map entitled "Building Setback Map, City of Fallon" and adopted as part of this title. No building shall be constructed within the setback distance and no portion of a building extending into such distance shall be altered. When a building setback distance is shown on both street fronts of a corner lot or parcel, such setback distance shall prevail regardless of the side yard requirements of the situation.

(Prior code §24-17).

It shall be unlawful for any building to be erected, constructed, extended, enlarged, or moved in or upon any property which lies within ten feet of each side of the city right-of-way lines on West Williams Avenue between the west city limits on the west and Russell Street on the east, or on East Williams Avenue between East Street on the west and the east city limits on the east.

(Ord. 259 §1, 1962).

It shall be unlawful for any building to be erected, constructed, extended, enlarged, or moved in or upon any property which lies within ten feet of each side of the city right-of-way lines on Taylor Street between Williams Avenue on the north and south city limits on the south.

(Ord. 259 §2, 1962).

There shall be no setback requirement on Maine Street from the north city limits on the north to the south city limits on the south; or, on Center Street from the alley west of LaVerne Street on the west to East Street on the east; or on East Williams Avenue from Maine Street on the west to East Street on the east; or on West Williams Avenue from Maine Street on the east to Russell Street on the west.

(Ord. 259 §3, 1962).

Any person convicted of violating any provision of Sections 21.24.052, 21.24.054, or 21.24.056 shall be punished by a fine in any sum less than three hundred dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment.

(Ord. 259 §4, 1962).

In the event that a setback map is not adopted concurrently with this title, the following shall apply:

A.

Each lot shall have a front yard of depth not less than the average depth of the front yards immediately adjacent thereto on each side. Vacant lots shall be considered to require a front yard of twenty feet in R-1, fifteen feet in R-2 and ten feet in R-C.

B.

No building in any land use district shall be constructed or altered closer than sixty feet to the centerline of any major route, fifty feet to centerline of a secondary route and forty feet to centerline of any through street as same are shown and appear on the master plan of streets and highways of the city.

(Prior code §24-18).

No building permit shall be issued for any erection or use of any structure or part thereof, or for the use of any land which is not in accordance with the provisions of this title, except that the city engineer may, at his discretion, allow up to a ten percent variation in lot widths, lot areas, setback requirements, height limitations and other such dimensions specified in this title. Any permit issued contrary to the provisions herein contained shall be void and of no effect. In the case where variance has been allowed by the board and approved by the council, a permit sufficient to allow such work as so authorized, subject to conditions as imposed, shall be issued, providing such permit not be issued until all time limits for appeal have been exhausted and no appeal has been filed.

(Ord. 487 §1, 1979: prior code §24-19).

Before accepting any applications required by this title the city shall charge and collect:

A.

For the application for a change of land use district by a property owner, a fee of fifty dollars for any one lot and a fee of ten dollars for each additional lot included within the petition;

B.

For each application for variance, a fee of fifty dollars.

(Ord. 438 §1, 1977: prior code §24-24).

A.

All buildings shall be limited in height to three stories but not to exceed thirty-five feet. Buildings may exceed this limitation upon meeting the requirements of and being subject to the issuance of a special use permit. The special use permit shall require:

1.

A complete sprinkler system to be installed in accordance with National Fire Protection Association Pamphlet No. 13, as amended from time to time;

2.

The building to be equipped with two means of egress above the ground floor by use of either an exit balcony or stairway to the ground level as defined in the Uniform Building Code;

3.

Any other requirements determined necessary in the professional judgment of the city engineer and fire chief because of the construction, contents or processes of a particular structure.

B.

The building height limitation shall not apply to church spires, belfries, cupolas, domes, chimneys, water towers, radio towers, flag poles and the like, except where such may be deemed a hazard.

C.

All buildings over ten thousand square feet in area shall have the approved sprinkler system installed as required by subdivision 1 of subsection A of this section. Those buildings less than ten thousand square feet shall meet those sprinkler system requirements established in the Uniform Building Code.

(Ord. 447 §4(1), 1977).