Except as otherwise provided herein, land, buildings, and structures in any district shall hereafter be used only in accordance with the regulations herein established for that district and the following general provisions:

   A.   Buildings: No building or structure shall hereafter be erected, constructed, relocated or structurally altered to have a greater height, or proportion of lot coverage, or smaller yards or open spaces about it than is permissible under the limitations set forth herein for the district in which such buildings or structures are located.

   B.   Required Spaces: No yards, open spaces, off street parking space or loading space, existing or provided about any building or structure shall be hereafter reduced below the minimum requirements of this title, or further reduced if already less than said minimum requirements.

   C.   Land Use: If a land use existing at the effective date of this title is nonconforming to the requirements of this title, it shall not be expanded or made further nonconforming. No land use shall be placed upon land within the city unless such use shall conform to the regulations and limitations set forth herein for the district in which such land uses are located. (Ord. 138, 1-26-1988)

A lawful use of land or building not in conformance with the regulations herein prescribed, existing at the time of the adoption of the original city of Wells land use ordinance, this title, or any amendments hereto, may be continued.

   A.   Expansion Of Nonconforming Building: A nonconforming use of land or building shall not be extended or expanded except by special use permit. Minor modifications and maintenance necessary to said continuing condition are permitted.

   B.   Abandonment Of Nonconforming Use: A lawful use of nonconforming land or buildings, including house trailers and/or mobile homes, which is operationally abandoned or discontinued for a period of twelve (12) consecutive months or more shall not be resumed.

   C.   Changing To Another Nonconforming Use: A nonconforming use may be changed to another nonconforming use only if the new use:

      1.   Is not specifically prohibited in that land use district; and

      2.   Does not deviate from the pattern of uses more than does the existing nonconforming use. (Ord. 138, 1-26-1988)

Except as provided herein, no dwelling or structure shall be placed upon any lot or parcel which does not conform to the area, dimension and street access requirements of this title.

A lot of record when this title is adopted which is nonconforming to this title may be developed to a maximum density of one dwelling unit provided sanitation requirements are fully complied with.

No lot of record shall be reduced in area, dimension or street access requirements in relation to any building thereon, or the requirement herein, so as to be smaller than required by this title. If a lot of record is already nonconforming to the requirements of this title, it shall not be made further nonconforming.

A lot of record, by commission policy, may be interpreted to be a small parcel separated from the bulk of the ownership by a road, state or federal highway or drainageway which is unfeasible to bridge, even though it does not meet the area and dimension requirements of the district. Under such policy, a single-family dwelling may be placed upon it. However, no compromise or reduction in land area shall be permitted relative to the sanitation or street access and setback requirements. Regardless of the maximum density that may be permitted in the district, no more than one dwelling unit may be constructed upon a lot which is substandard in size as established within that district. (Ord. 138, 1-26-1988)

No building shall be constructed, erected, or placed upon any lot unless such lot abuts upon a public street, the adjacent one-half (1/2) of which complies with the right of way width required by the land development ordinance, except lots of record which have a permanent access easement or private street which was approved in accordance with this title.

Buildings may be constructed, erected or placed upon lots abutting upon private streets provided such street has been approved in conformance with the provisions and standards of this title and the land development ordinance. No lot or parcel created after the adoption of this title based upon the recording date of the deed when filed with the Elko County recorder, shall be deemed to abut upon a street unless it has a frontage (straight line measurement) thereon of not less than thirty feet (30') and a minimum driveway width consistently not less than thirty feet (30') wide.

No building permit may be issued for any building or structure on a proposed building site unless that site conforms with this title and the land development ordinance. (Ord. 138, 1-26-1988)

   A.   Overlapping Requirements: Occasionally these regulations overlap one another or two (2) separate requirements may apply to the same piece of land. When this happens, the more restrictive requirement shall take precedence.

   B.   Open Space Interpretation: No required yard or other open space around one building shall be construed as providing open space for any other building.

   C.   Swimming Pool: A swimming pool shall not be located in a required setback or yard area except for the rear yard, provided it is placed no closer to the rear property line than ten feet (10').

   D.   Setback Measurements: All setback measurements shall be perpendicular to the street or property line forming the required minimum yard area. The setback distance shall be measured to the closest vertical element of the building or structure from the property line.

   E.   Setbacks On Subdivision Plats: Where setbacks have been established on a recorded map of a subdivision, the setbacks so established shall govern if they are more restrictive than those contained herein.

   F.   Projection Into Required Yards: Every part of a required yard shall be open and unobstructed from its lowest point to the sky, except for building eaves, which may project therein a maximum of two feet (2'); approved accessory buildings; fences; and landscaping including trees.

   G.   Where commercial or industrial uses abut residential zones on side or rear lot lines, fence, wall or view screen seven feet (7') in height shall be required except in the front yard setback.

   H.   Yard Condition: All yards adjacent to dwellings shall be free of clutter, unused vehicles or parts thereof, trash, building waste or other materials which are not conducive to improving land values or which may be an attractive nuisance or offensive to the senses. The only vehicles or materials permitted on a property are those which are accessory to its permitted or special use permit uses.

   I.   Yard Landscaping: All required or provided yards exposed to view from adjoining property or streets shall contain vegetation, either natural or highly manicured. Required yards of commercial, industrial, rented, or quasi-commercial uses shall be maintained with a ground cover and landscaping for aesthetic reasons and prevention of dust and other soil erosion.

   J.   Through Lots And Odd Shaped Lots: Through lots shall have the rear yard adjacent to the street which is designated as a collector, arterial, highway, or street most likely to serve in that capacity as determined by the planning commission. The allowable fence heights and setbacks shall be the same as for street side yards. Access to the most intensively used or designated street shall be prohibited. Where the application of yard regulations cannot be determined on lots of peculiar shape or location, such regulations may be modified as determined by the administrator of this title.

   K.   Clear Vision: A clear vision triangle shall be provided on all lots at the intersection of two (2) streets or with the intersection of any two (2) types of right of way, except an alley, for vehicular movement. The height of vegetation and manmade structures in clear vision triangles shall in no case be greater than four feet (4') in height. Vegetation may be required to be no more than the height of average, mowed lawn grass when, because of topography, a particular hazard may exist as determined by the administrator. Trees with trunks trimmed so that limbs do not block vision for a height of ten feet (10') or greater from the ground are permitted in clear vision triangles.

A clear vision triangle shall be the area within a triangle adjacent to intersecting street rights of way which is thirty feet (30') in length along each leg, the apex of which shall be the projected or actual (property corner) intersection of the two (2) property lines adjacent to the two (2) street rights of way.

Clear vision triangles at the intersection of an alley with any other right of way shall be as described above except each leg of the triangle shall be a minimum of ten feet (10') in length. (Ord. 138, 1-26-1988)

   A.   Trailers, Etc.:

      1.   No tent, boxcar, passenger coach, bus or streetcar body may be erected or occupied in any use district. A mobile home may be used for permanent living or sleeping quarters only in mobile home parks or mobile home subdivisions, or R2-MH.

      2.   A mobile home or travel trailer may be used for office, retail or any other commercial purpose only in the following situations:

         a.   As a sales office for a mobile home or automobile sales business if placed on the same lot or parcel of land that mobile homes or automobiles are sold.

         b.   As a construction building only at the site of the construction project and for the duration of such project.

         c.   As temporary office space when accessory to an established business and used in accordance with current adopted standards, and when approved by the board of councilmen.

   B.   Sanitary Conveniences: In all districts, the existence or use of outhouses or privies is prohibited. Sanitary conveniences must be incorporated within a building and must consist of a chemical toilet or installed plumbing properly connected to a septic tank and disposal field or to a city sewer line.

   C.   Radio Antennas: In all residential districts, antennas shall not exceed forty feet (40') in height unless granted a special use permit.

   D.   Heliports:

      1.   No area of land, water, parking lot, rooftop or other site or structure within the city shall be used as a heliport without a special use permit issued in accordance with the provisions of this chapter.

      2.   As used in this chapter, "heliport" means any area of land, water, parking lot, rooftop or other site or structure which is regularly or permanently used for the landing and takeoff of helicopters or other rotary wing aircraft.

   E.   Extraction Operations: Any extraction operation is permitted only if:

      1.   The operation is specifically listed in that use district.

      2.   A special use permit is granted.

      3.   The site is restored at the completion of the operation and bonding of the same.

   F.   Water, Oil, Gas Or Geothermal Drilling Operations: Any oil, gas or geothermal drilling operation is permitted in any zone only if a special use permit is granted.

   G.   Animal And Fowl:

      1.   Horses, fowl or other uses of a similar nature shall not be permitted on any lot or parcel less than twenty one thousand (21,000) square feet 1 .

      2.   Exclusive of area devoted to residential use, the following area shall be required for each animal to be raised or kept on the building site:

         a.   For each horse or head of cattle or hog, seven thousand (7,000) square feet;

         b.   For each sheep, goat or other permitted large animal, two thousand (2,000) square feet;

         c.   For rabbits, chinchillas, poultry and other similar permitted small animals, fifty (50) square feet for each animal.

      3.   No pig, sheep, goat, horse, cow or bull shall be kept within fifty feet (50'), and no fowl shall be kept within thirty feet (30'), of any residence not occupied by the owner of such animals and fowl.

      4.   Keeping Of Hazardous Or Offensive Animals Prohibited: No person shall keep, maintain or have in his possession or permit on any property owned or controlled by him any household pet or pets or any other animal or animals in such manner, number or kind as to cause damage or hazard to persons or property in the vicinity or to generate offensive noise, dust or odor.

      5.   Bees may be kept on large parcels provided:

         a.   The parcel on which the bees are kept shall be at least one acre in size and a special use permit is obtained for parcels under five (5) acres in size;

         b.   Adequate freshwater supply is available for bees on the subject property at all times;

         c.   The location shall be not less than two hundred feet (200') from any public road, street or highway, residence or other occupied building other than that of the property owner or occupant of said property;

         d.   Approval by appropriate state agencies shall be obtained.

   H.   Accessory Structures:

      1.   It shall be unlawful to construct, erect or locate in any residential district private garages or other accessory buildings without a permissible main building; except a temporary building may be constructed and occupied as a legal use pending construction of a permanent use providing that no permit shall be issued for such temporary structure unless a permit also be issued at the same time for the permanent building.

      2.   A detached accessory building within residential districts, not exceeding fifteen feet (15') in height, may be built within a required rear or side yard setback provided such structure is at least five feet (5') from property lines.

      3.   On a corner lot facing two (2) streets, no accessory building shall be erected so as to encroach upon the front or street side yard setbacks.

      4.   An accessory building may be connected to the main building by a breezeway or structure in which case it is considered attached and full yards as might otherwise be required will apply.

      5.   A detached accessory addition shall be located not closer than six feet (6') to any other building on the same or adjoining lot.

   I.   Fences, Walls And Hedges:

      1.   Fences, walls and hedges are a permitted accessory use in all use districts so long as such uses are consistent with health, safety and welfare of the community, as outlined in this section.

      2.   All fences and walls shall meet the requirements of the uniform building code.

      3.   Electrically charged or barbed wire fences are a permitted accessory use in AG and R1-E districts.

      4.   The height of a fence, wall or hedge shall be measured from the highest adjacent ground, either natural or filled, upon which it is located, except within fifteen feet (15') of any front property line or within thirty feet (30') of any street intersection, wherein all base measurement shall be considered from an extension of street grade.

      5.   A fence, wall or hedge not exceeding six feet (6') in height may be located within any yard except as follows:

         a.   No fences, walls or hedges exceeding four feet (4') in height within fifteen feet (15') of any front property line or within a street side yard setback, except when such fence is constructed of a sight obscuring material it shall not exceed three feet (3') in height; and

         b.   No fences, walls or hedges exceeding two feet (2') in height which obstruct vision to any significant degree shall be permitted within sight distance areas.

      6.   The height of fences, walls or hedges which in no way encroach upon setback requirements and conform with the uniform building code shall be governed by building height restrictions for each use district.

      7.   Fences within setbacks may be permitted in excess of six feet (6') in height by special use permit.

      8.   Cornices, eaves, canopies, fireplaces, bay windows and similar architectural features, but not including flat walls, may extend into any required setback a distance not to exceed two feet (2').

      9.   Uncovered porches, landing places or outside stairways may project not more than three feet (3') into any required side yard setback and not more than six feet (6') into any required front or rear yard setback. (Ord. 138, 1-26-1988)

A minimum distance of at least one thousand three hundred twenty feet (1,320') shall be required between residential establishments. A "residential establishment" is defined in Nevada Revised Statutes 278.021(7)(d) as: "Residential establishment" means (1) a home for individual residential care in a county whose population is 100,000 or more, (2) a halfway house for recovering alcohol and drug abusers or (3) a residential facility for groups".

   A.   The definition of "Individual residential care" is not applicable as the population of Elko County is less than one hundred thousand (100,000).

   B.   "Halfway house for recovering alcohol and drug abusers" is defined in Nevada Revised Statutes 458.010 as: "Halfway house for recovering alcohol and drug abusers" means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in Nevada Revised Statutes 449.00455.

   C.   "Residential facility for groups" is defined in Nevada Revised Statutes 449.017 as: Except as otherwise provided in subsection 2, "residential facility for groups" means an establishment that furnishes food, shelter assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person. The term does include:

         (a)   An establishment which provides care only during the day;

         (b)   A natural person who provides care for no more than two persons in his own home;

         (c)   A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;

         (d)   A halfway house for alcohol and drug abusers; or

         (e)   A facility funded by a division or program of the department of human resources.

(Ord. 194, 10-23-2001)