Water / Sanitary Sewer — UDC 19.02

Las Vegas, Nevada

This is the exact embedded text of the captured official document. Snapshot 08cef360a504 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Page 1 UNIFIED DEVELOPMENT CODE Page 2 19.00 GENERAL PROVISIONS Contents: 19.00.010 Short Title 19.00.020 Authority 19.00.030 Purpose and Intent 19.00.040 Relationship to General Plan 19.00.050 Relationship of Zoning Districts to General Plan 19.00.060 Effectiveness and Applicability 19.00.070 Administration 19.00.080 Interpretation 19.00.090 Enforcement 19.00.100 Official Zoning Map 19.00.110 Rules for Interpretation of Zoning District Boundaries 19.00.120 Fee Schedule 19.00.010 Short Title The provisions of this Title shall be known and may be cited as the Unified Development Code of the City of Las Vegas and may be referred to as "this Title". 19.00.020 Authority This Title is adopted pursuant to the provisions of the Nevada Revised Statutes (NRS), including NRS Chapter 278. The City Council may amend the text of this Title or the Official Zoning Map Atlas which is a part of this Title whenever public necessity, safety, general welfare or convenience requires. 19.00.030 Purpose and Intent It is the purpose and intent of the City Council that this Title promotes the following purposes: General A. To preserve and enhance the present qualities and advantages that exist in the City; B. To encourage the most appropriate use of land, water and natural resources consistent with the public interest; C. To overcome present problems and handicaps and effectively manage future problems that may result from the use and development of land and property; D. To prevent the impacts of both overcrowding of land and undue concentrations of population as well as the negative effects of leapfrogging sprawl and underutilization of land and property; E. To manage the orderly and efficient provision of adequate levels of public facilities and services necessary to support planned development; F. To protect human, environmental, social, natural and economic resources; G. To maintain, through orderly growth and development, the character and stability of present and future land use and development in the City. H. To ensure that required on-site and off-site dedications and public improvements are properly installed or guaranteed; Implementation of General Plan Page 3 I. To coordinate and ensure the execution of the City's General Plan through effective implementation of development review requirements, adequate facility and services review and other goals, policies or programs contained in the General Plan. Comprehensive, Consistent and Equitable Regulations J. To establish a system of fair, comprehensive, consistent and equitable regulations, standards and procedures for the review and approval of all proposed development, divisions, and mapping of land within the City in a manner consistent with State law. Efficiently and Effectively Managed Procedures K. To promote fair procedures that are efficient and effective in terms of time and expense and that appropriate process is followed in the review and approval of applications made under this Title; L. To be effective and responsive in terms of the allocation of authority and delegation of powers and duties among ministerial, appointed and elected officials; and M. To foster a positive customer service attitude and to respect the rights of all applicants and affected citizens. Sustainability N. To promote the implementation of the "Sustaining Las Vegas" Policy, Sustainable Energy Strategy and Climate Protection resolution of the City. 19.00.040 Relationship to General Plan The adoption of this Title is consistent and compatible with and furthers the goals, policies, objectives and programs of the General Plan. It is the intent of the City Council that all regulatory decisions made pursuant to this Title be consistent with the General Plan. For purposes of this Section, "consistency with the General Plan" means not only consistency with the Plan's land use and density designations, but also consistency with all policies and programs of the General Plan, including those that promote compatibility of uses and densities, and orderly development consistent with available resources. 19.00.050 Relationship of Zoning Districts to General Plan The establishment of zoning districts is intended to be one of the means of implementing the City's General Plan and any amendment thereto, as such implementation is permitted and required by State Law. The General Plan serves as a guideline and framework for the zoning and regulatory provisions of this Title. With respect to the Land Use Element of the General Plan, there are goals, objectives and provisions for use categories and density ranges, but also for the achievement of other planning objectives such as appropriate mixing and buffering of uses to ensure overall compatibility. 19.00.060 Effectiveness and Applicability A. General The provisions of this Title are effective as of the date specified by Ordinance 6135 as adopted by the City Council on March 16, 2011, unless otherwise modified by ordinance, and shall apply to the development of all land, public or private, within the corporate limits of the City, except as specifically provided otherwise in Nevada Revised Statutes. No application for the development of land, or for approval of a map under this Title, shall be approved unless the application is determined to be in conformance with the requirements of this Title and all applicable development regulations, including any standards, plans or policies that have been adopted so as to have a regulatory effect. No land shall be divided, used, or structure constructed, except in accordance with the regulations and requirements of this Title, including the requirement to obtain applicable approvals and permits prior to the development of the property. All development applications filed on or after the effective date of this Title, whether for new development or for the expansion or alteration of existing development, shall be processed in accordance with the standards, Page 4 requirements and procedures established herein. For development applications which were filed before and are pending on the effective date of this Title, the City may require compliance with the standards and procedures set forth in this Title unless the applicant demonstrates that it is inequitable for the City to do so. B. Exceptions The provisions of this Title and any amendments hereto shall not affect the validity of any lawfully issued and effective building permits for development issued prior to the effective date of this Title, if the construction was prior to the effective date of this ordinance, and if the construction continued under valid permits until complete. If any such permit expires prior to completion, all future development shall be in conformance with the requirements of this Title. 19.00.070 Administration A. Director of Planning For the purposes of this Title, the term "Director" means the Director of the Department of Planning. The Director is hereby designated as the Secretary of the Planning Commission. Except where otherwise specified, the Director is responsible for the administration and enforcement of this Title. In connection with that responsibility, the Director shall have the authority to: 1. Accept and process applications under this Title; 2. Organize and maintain records associated with those applications; 3. Conduct the necessary review of maps and development documentation which have been submitted under this Title; 4. Verify compliance with all subdivision, zoning and development requirements; 5. Adopt specifications and procedures relating to the administration of this Title; 6. Take action to approve, deny or otherwise act upon applications in accordance with the provisions of this Title; 7. Approve or deny administrative deviations, exceptions and waivers in accordance with the provisions of this Title; 8. Perform any other function described in this Title that is not otherwise assigned to a particular person or entity; and 9. Delegate, designate or assign to another person any function described in this Section or Title, except to the extent not permitted by law. B. Delegation of Authority Whenever reference is made to the head of a Department or to some other City officer or employee, the reference shall be construed as authorizing the head of the Department or other officer to designate, delegate to and authorize professional-level subordinates to perform the required act or duty, unless the terms of the provisions or an applicable State statute specifies otherwise. 19.00.080 Interpretation A. Rules of Interpretation In interpreting the language of this Title, the rules set out in this Section shall be observed unless the interpretation would be inconsistent with the express language of this Title. In the case of conflicting language, the more restrictive language shall apply. B. Meaning and Intent All provisions, terms, phrases and expressions contained in this Title shall be liberally construed in order to carry out the intent of the City Council. Terms used in this Title, unless otherwise specifically defined, shall have the meanings prescribed by NRS for the same terms. Any term not specifically defined or prescribed shall have the ordinary meaning ascribed to it in a dictionary of common usage. Page 5 C. Text Controls In case of any conflict between the text of this Title and any figure, the text shall control. D. Computation of Time The time within which an act is to be performed shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, legal holiday or other day that the City is officially closed to the public, that day shall be excluded. The following time-related words shall have the meanings ascribed below: Day means a calendar day unless otherwise stated. Week means seven calendar days. Month means one calendar month. Year means a calendar year, unless a fiscal year is indicated. G. Other Clarifications 1. Headings a. Levels of headings used in this Title include Chapters (for example "Chapter 19.00"), Sections (for example "19.00.010"), Subsections (for example "A."), Paragraphs (for example "1.") and Subparagraphs (for example "a."). b. The headings contained in this Title are for convenience only and do not limit or modify the intent or meaning of the provisions. 2. Tense. Unless clearly indicated to the contrary, words used in the present tense shall include the future, words used in the plural shall include the singular, words used in the singular shall include the plural, and words of one gender shall include the other. 3. Use of Certain Words. The words "shall," "must," and "will" are always mandatory. The words "may" and "should" are discretionary. Words and phrases shall be construed according to the common and approved usage in the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to that meaning. 4. Written Information. References to "written" information shall mean any representation of words, letters or figures whether by printing or other form or method of writing. 5. Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: "And" indicates that all connected items or provisions apply; and "Or" indicates that the connected items or provisions may apply singularly or in any combination. H. Implementation All applications which have been accepted as complete by the Director prior to the effective date of this Title shall be processed in accordance with, and subject to, the regulations and requirements in effect at the time the application was accepted as complete. Unless otherwise provided in this Title, the review of previously approved Special Use Permits and other zoning actions bearing a time limitation or subject to periodic review may be evaluated with reference to the requirements of this Title, as amended, unless the property owner or developer demonstrates that it is inequitable for the City to do so. Except as otherwise provided in LVMC 19.00.060 (B), any application accepted as complete after the effective date of this Title shall be processed in accordance with and subject to this Title. I. Minimum Requirements Within the scope and authority of this Title, the provisions hereof are intended to be the minimum requirements adopted for the promotion of the public health, safety and general welfare. Where the provisions of this Title impose greater restrictions than those of any other ordinance, resolution or regulation, the provisions of this Title shall prevail. Where the provisions of any other ordinance, resolution or regulation impose greater restrictions than those of this Title, the provisions of that other ordinance, resolution or regulation shall prevail. J. Private Covenants or Deed Clauses No provision of this Title is intended to interfere with or abrogate or annul any easement, private covenants, deed Page 6 restriction or other agreement between private parties. In cases in which this Title imposes a greater restriction upon the use of land or structures, the provisions of this Title shall prevail and control. By virtue of this Title, the City is not a party to and has no power or authority to enforce private deed covenants, conditions or restrictions. Private covenants or deed restrictions which impose conditions more restrictive than those imposed by this Title, or which impose restrictions not covered by this Title, are not implemented nor superseded by this Title. K. Regulatory Conflicts Except as otherwise specifically provided, it is not the intent of this Title to repeal, abrogate, annul, or in any way to impair or interfere with any other existing provisions or law or ordinance, or any other rules, regulations or permits previously adopted or issued, or which will be adopted or issued pursuant to law relating to the erection, construction or alteration of an establishment or the moving or enlargement of any buildings. Without limiting the application of the preceding sentence, the provisions of LVMC Chapter 14.11 shall prevail over any provision of this Title to the extent of any conflict or inconsistency. L. Limitations on City Action The issuance or granting of a building permit or approval of plans or specifications under the authority of the Building Code shall not be construed to be a permit for, or an approval of, any violation of any provisions of this Title or any amendments thereto, or of any other law. No permit, approval, representation, action or inaction on the part of a City officer or employee which purports, or could be interpreted, to authorize the violation or cancellation of any of the provisions of this Title shall limit the City's authority to enforce the provisions of this Title or any other provision of the Municipal Code. No permit or other approval issued under the provisions of this Title shall constitute or imply approval of any business license or permit required by any provision of the Municipal Code. Any permit, license or other approval which is issued in error in conflict with this Title is voidable by order of the City. M. Other Limitations No provision in this Title amounts to a guarantee, warranty or promise that any particular type of construction will be free from defect, will perform in a certain manner, or will be exempt from other legal requirements applicable thereto. The issuance of a permit, or the inspection or approval of any permit, plans or work under this Title, shall in no way constitute a guarantee, warranty or promise that any particular material, labor or construction will be free from defect, or perform in a certain manner, or will be durable, safe or fit for a particular purpose or use. Compliance with this Title is not intended to substitute for the performance of any private duty, nor to reduce or eliminate any private liability on the part of an owner, developer or permittee. N. Appeals of Interpretation 1. General. Except as otherwise provided in Paragraph (2) below, any person aggrieved in connection with the inability to obtain a building permit or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of any provision of this Title may appeal the decision to the City Council. An appeal must be in written form and must be filed in the office of the City Clerk, with a copy to be filed in the office of the Department. The appeal must be filed within ten days after the administrative decision is made and shall specifically describe the decision at issue and the basis for the appeal. The appeal shall be considered on the next available agenda of the City Council. 2. Appeal Unavailable. An appeal pursuant to Paragraph (1) is not available: a. For the purpose of avoiding or circumventing the application procedures set forth in LVMC Chapter 19.16; or b. Regarding a decision where the result of, or the remedy or relief from, that decision is specifically provided for by means of an application or process described in LVMC Chapter 19.16. Such decisions include without limitation: i. An administrative decision to deny a particular application where LVMC Chapter 19.16 specifically provides for a subsequent application or process to follow such a denial; or ii. An administrative decision that a particular development or activity does not qualify or is ineligible for a particular type of application, where LVMC Chapter 19.16 specifically provides for a subsequent application or process to follow such a decision. Page 7 19.00.090 Enforcement A. General 1. Purpose. Enforcement of the provisions of this Title shall be pursued in order to provide for its effective administration, to ensure compliance with any condition of development approval, to promote the City's planning efforts, and to protect the public health, safety and general welfare. 2. Responsibility. The provisions of this Title, and any conditions of development approval which have been imposed thereunder, may be enforced by the Director; the Las Vegas Metropolitan Police Department; and any other City of Las Vegas officer and employee designated to do so. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this Title shall be subject to the remedies and penalties set forth in this Chapter. A building permit, business license, subdivision or other application may be denied for failure to comply with this Title, including any condition or standard imposed on any application granted under this Title. 3. Stop Work Order. A "Stop Work Order" may be issued with respect to any construction which is in violation of this Title or in violation of any condition which has been imposed on a permit or other approval under this Title. B. Violations 1. Misdemeanor a. It is unlawful for any person to sell, offer for sale or cause or permit to be sold or offered for sale, any portion of any subdivision or other division of land in the City prior to the recording of an approved parcel map or final map with the County Recorder; b. It is unlawful for any person, whether acting as a principal, agent or employee, to violate any provision of this Title, or of any condition imposed upon a Tentative Map, Parcel Map, Special Use Permit, Site Development Plan Review, Variance, Administrative Deviation, Home Occupation Permit or Temporary Commercial Permit granted hereunder. c. It is unlawful for the owner, general agent, lessee or tenant of a building or premises or for any other person to cause, permit or assist in the occurrence or commitment of a violation of any provision of this Title or of any condition imposed upon a Tentative Map, Parcel Map, Special Use Permit, Site Development Plan Review, Variance, Administrative Deviation, Home Occupation Permit or Temporary Commercial Permit granted hereunder. 2. Administrative Action. For any violation of this Title, or of any approval granted or condition of approval imposed hereunder, the City may pursue administrative action to: a. Review, modify, suspend, or revoke an approval or permit issued hereunder; b. Require the discontinuance of a use operating as a conditional use under LVMC 19.12.040; or c. As an alternative to requiring discontinuance under Subparagraph (b) of this Paragraph (2), require that a use operating as a conditional use under LVMC 19.12.040 comply with additional conditions or limitations. 3. Nuisance. Any building or structure set up, erected, built, moved, or maintained or any use of property contrary to the provisions of this Title shall be, and is declared to be, unlawful and a public nuisance and the City Attorney shall, upon order of the City Council, immediately commence actions or proceedings for the abatement, removal and enjoinment of it in a manner provided by law and shall take such other steps and shall apply to the court as may have jurisdiction to grant relief to abate or remove the building, structure or use, and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any building or structure, or using any property contrary to the provisions of this Title. 4. Remedies Cumulative. All remedies provided herein shall be cumulative and not exclusive. 5. Violations Continue. Any violation of the previous Subdivision Regulations or Zoning Code will continue to be a violation under this Title and be subject to penalties and enforcement under this Section, unless the use, development, construction, or other activity complies with the provisions of this Title. Page 8 C. Registration of Certain Nonprofit Organizations In order to assist in the enforcement of the land use-related provisions of this Title, any nonprofit organization proposing to operate a use or activity within a building or upon any premises shall first register with the Department's Business Services Division. Registration information is authorized to be shared within the Department to ensure that the proposed operation is or will be in conformance with the provisions of this Title. 19.00.100 Official Zoning Map A. Adoption of Official Zoning Map The boundaries of each zoning district are delineated and shown on the Official Zoning Map of the City of Las Vegas. The Official Zoning Map, together with all notations, references, dimensions, designations and other information shown on the map, is adopted and made part of this Title by reference. The Official Zoning Map shall be stored, maintained, and kept current by the Department. B. Establishment of Zones 1. The residential zoning districts established by this Title are as follows and shall be known and cited as: Abbreviated Designation Zoning District Name District Purpose U Undeveloped 19.06.050 R-E Residence Estates 19.06.060 R-D Single Family Residential-Restricted 19.06.065 R-1 Single Family Residential 19.06.070 R-SL Residential Small Lot 19.06.075 R-CL Single Family Compact-Lot 19.06.080 R-TH Single Family Attached 19.06.090 R-2 Medium-Low Density Residential 19.06.100 R-3 Medium Density Residential 19.06.110 R-4 High Density Residential 19.06.120 R-MH Mobile/Manufactured Home Residential 19.06.130 2. The commercial and industrial zoning districts established by this Title are as follows and shall be known and cited as: Abbreviated Designation Zoning District Name District Purpose P-O Professional Office 19.08.050 O Office 19.08.060 C-D Designed Commercial 19.08.065 C-1 Limited Commercial 19.08.070 C-2 General Commercial 19.08.080 C-PB Planned Business Park 19.08.090 C-M Commercial/Industrial 19.08.100 M Industrial 19.08.110 3. The special area zoning districts established by this Title are as follows and shall be known and cited as: Page 9 Abbreviated Designation Zoning District Name District Purpose C-V Civic 19.10.020 P-C Planned Community 19.10.030 PD Planned Development 19.10.040 R-PD Residential Planned Development 1 19.10.050 T-C Town Center 19.10.060 T-D Traditional Development 19.10.070 Footnotes: 1. Development within an R-PD District, except as provided for in LVMC 19.10.050 or elsewhere in this Title, is not available after the effective date of this Title. 4. The overlay districts established by this Title are as follows and shall be known and cited as: Abbreviated Designation Overlay District Name District Purpose A-O Airport Overlay 19.10.080 CD-O Designed Commercial Overlay 19.10.090 DC-O Downtown Casino Overlay 19.10.100 DTLV-O Downtown Las Vegas Overlay District 19.10.110 DE-O Downtown Entertainment Overlay 19.10.120 G-O Gaming Overlay 19.10.130 HS-O Hillside Development Overlay 19.10.140 HD-O Historic Designation Overlay 19.10.150 SB-O Las Vegas Boulevard Scenic Byway Overlay 19.10.160 LW-O Live/Work Overlay 19.10.170 RP-O Rural Preservation Overlay 19.10.180 (Ord. 6270 §2, 09/18/13) (Ord. 6323 §2, 06/04/14) (Ord. 6562 §2, 01/04/17) (Ord. 6608 §2, 12/06/17) C. Transitional Rules Property which, on the effective date of this Title, was classified under a zoning classification which no longer exists under this Title will be reclassified by the City to an existing classification by subsequent Rezoning action. Until that action occurs, such property shall be governed by the requirements and limitations applicable to the zoning classification in effect just before the adoption of this Title. D. Amendments 1. No change to the Official Zoning Map shall be authorized without the approval of a rezoning application. The application shall be processed in accordance with the requirements of LVMC 19.16.090. No change to the Official Zoning Map shall be authorized or become effective without final action of the City Council or a court of competent jurisdiction. Page 10 2. No amendment or rezoning shall be approved unless it is consistent with the goals, objectives and policies of the General Plan. 3. The Official Zoning Map shall show the dates and appropriate action references for all approved amendments. E. Correction of Errors The new Official Zoning Map may correct drafting and clerical errors or omissions in the previous Official Zoning Map, but no corrections shall have the effect of amending this Title or any subsequent amendment thereto except in accordance with the notice and hearing procedures set forth in LVMC 19.16.090. F. Preservation of Old Maps Unless the previous Official Zoning Map is lost or totally destroyed, all of the remaining parts shall be preserved, together with all available records pertaining to its adoption or amendment. 19.00.110 Rules for Interpretation of Zoning District Boundaries A. Boundary Presumptions The following presumptions shall apply in determining uncertain boundaries of a district as shown on the Official Zoning Map: 1. Where a boundary follows a public street or alley, the centerline of the street shall be the boundary. 2. Where a boundary follows a lot line, the lot line shall be the boundary. 3. In cases where district boundary lines are indicated as approximately paralleling street, alley, right-of-way or easement lines existing at the time of the enactment of this Title, they shall be construed as meaning 100 feet distant from the street, alley, right-of-way or easement line, unless otherwise specifically dimensioned on the Official Zoning Map. 4. In instances where district boundary lines divide a parcel of unsubdivided property, the precise location of the district boundary shall be determined by the use of the scale appearing on the Official Zoning Map, unless the boundary is indicated by a specific dimension on the Official Zoning Map. 5. Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall thereafter extend to the former centerline of the vacated or abandoned right-of-way. B. Determination With regard to any uncertainty of boundaries that cannot be resolved with reference to the above presumptions, the Director shall determine the location of the district boundary. 19.00.120 Fee Schedule A. Adopted The Director is authorized to charge fees related to the processing of applications, appeals and other requests in accordance with the Fee Schedule. The fee schedule, which is adopted by resolution of the City Council and is incorporated by this reference, shall be maintained on file in the office of the City Clerk. The fee schedule may be revised or amended from time to time by resolution of the City Council. B. When payable Fees for filing applications, appeals and other requests under this Title are set forth in the Fee Schedule and are due at the time the application or request is filed. C. Additional Fees With respect to any application, appeal or other request under this Title that requires notification of a public hearing, the applicant shall also pay the notification and advertising costs identified in the Fee Schedule. Payment of those costs shall be made upon filing of the application. D. Waiver of Fees The City Manager may waive any fee referred to in the Fee Schedule on behalf of: 1. Any member of the Southern Nevada Regional Planning Coalition; or Page 11 2. Any entity with whom the Coalition is required to integrate long-term planning programs pursuant to NRS 278.02584. Page 12 19.02 SUBDIVISION DESIGN AND IMPROVEMENT REQUIREMENTS Contents: 19.02.010 Minimum Standards 19.02.020 Director of Public Works 19.02.025 Dedication and Improvement Requirements 19.02.030 Lots 19.02.040 Sidewalks 19.02.050 Drainage Improvements and Facilities 19.02.060 Curbs and Gutters 19.02.070 Sanitary Sewer Improvements 19.02.080 Public Sanitary Lines 19.02.090 Sanitary Sewer Cleanout 19.02.100 Water Supply 19.02.110 Fire Hydrants 19.02.120 Landscaping Plan 19.02.130 Commitments for the Installation of Improvements 19.02.140 Intersections 19.02.150 Vertical Curves 19.02.160 Reverse or Compound Curves 19.02.170 Roadways and Streets - Design Criteria 19.02.180 Street Grade Requirements 19.02.190 Sight Clearance 19.02.200 Paving Transitions and Crossovers 19.02.210 Access Street Paving Requirements 19.02.220 Compaction of Street Sub-grade and Base Material 19.02.230 Driveways 19.02.240 Street Lighting 19.02.250 Access Control Gates and Storage Areas 19.02.260 Emergency Access Gates 19.02.270 Private Drive Construction 19.02.280 Traffic Circulation Safety 19.02.290 Vehicular Access Prohibition to Primary or Secondary Thoroughfares 19.02.295 Public Improvement Construction Plan Submittal and Permitting 19.02.300 Multiple Species Habitat Conservation Page 13 19.02.010 Minimum Standards A. The design standards of this Chapter shall constitute the minimum design and construction standards for all development and land divisions created through the parcel map, tentative map and final map processes. All improvements required by this Title shall be designed, installed and maintained in accordance with applicable City Standards. B. Except as otherwise provided in this Chapter, any request to deviate from the design standards of this Chapter shall require the submittal of a request for an administrative deviation from standards. The decision regarding the request for an administrative deviation from standards is subject to the discretion of the Director of Public Works, taking into account whether the circumstances of the request warrant the requested deviation. The Director may approve the request (with or without conditions), deny the request, or refer the request to the Planning Commission for a decision in accordance with the Waiver provisions of LVMC 19.16.130. Neither the Variance provisions of LVMC 19.16.140 nor the Administrative Deviation provisions of LVMC 19.16.120 shall apply to the design standards of this Chapter. (Ord. 6630 § 2, 08/15/18) 19.02.020 Director of Public Works The Director of Public Works is responsible for the administration and enforcement of any provisions of this Title that are assigned or delegated to the Director of Public Works by the provisions of this Title. In connection with that responsibility, the Director of Public Works shall have the authority to: A. Cooperate with the Director of Planning in administering and enforcing this Title; B. Act upon and process applications under this Title, to the extent assigned or delegated that responsibility; C. Conduct the necessary review of maps and development documentation which have been submitted under this Title; D. Provide interpretations and references regarding applicable requirements for off-site improvements, rights-of-way, dedications, and drainage and traffic studies; E. Provide comments or other input to ensure the inclusion of appropriate survey data, recommendations and related documentation; F. Approve or deny administrative deferrals and deviations from standards in accordance with the provisions of this Title, or refer such requests to the Planning Commission for decision in accordance with the Waiver provisions of LVMC 19.16.130; and G. Delegate, designate or assign to another person any function described in this Section, except to the extent not permitted by law. (Ord. 6630 § 3, 08/15/18) 19.02.025 Dedication and Improvement Requirements A. Uses of land permitted in each zoning district shall be allowed only when the permit for any proposed improvement on the land includes provisions for the: 1. Dedication of all essential rights-of-way for major streets, minor streets, flood control, utilities and other public purposes; and 2. Provisions for the installation of essential off-site improvements as directed by the City. Essential rights-of-way and off-site improvements are defined as those rights-of-way and improvements required in connection with a proposed Special Use Permit, Variance, or Site Development Plan; required by the subdivision regulations of the City; or required by the Director of Public Works as appropriate and necessary to mitigate the impact of the Page 14 development of property in the area. All improvements shall be constructed in accordance with the City Standards and specifications. B. Full off-site improvements meeting current City Standards are required for all development regulated by this Title, which include but is not limited to: full depth pavement, curb and gutter, sidewalk, streetlights, traffic signals, traffic appurtenances, sanitary sewer, drainage improvements and landscaping in the public right-of-way. All development must, at a minimum, match and extend existing improvements that are immediately adjacent to the proposed development. C. In each of the following cases, the Director of Public Works shall have the discretion to determine the extent to which improvements will be required initially or in phases, taking into account appropriate means of transitioning from developed rights-of-way to partially-developed or undeveloped rights-of-way: 1. Development that is adjacent to a City-initiated road improvement project; or 2. Large-parcel development where only a portion of the parcel is proposed to be developed and where no subdivision is proposed. D. Standard urban improvements for a single lot that is developed for a single family residence are, at a minimum, required to match and extend the off-site improvements that exist immediately adjacent to the lot; however, a property owner may request a deferral of all or part of the improvements that do not already exist on adjacent lots. If deferral is approved, the property owner is required to enter into a "Covenant Running with Land Agreement" for the deferred improvements. The agreement shall be recorded with the office of the County Recorder and a copy of the recorded document shall be provided to the City. E. Except as otherwise provided in this Subsection (E), deferrals for any standard urban improvements may be administratively approved by the Director of Public Works only if all the following conditions are met 1. No improvements or partial improvements exist immediately adjacent to the proposed development; 2. The proposed development frontage requested for deferral is not more than 660 feet (one nominal block) in length; 3. The site is not at the corner of two public streets identified on the Planned Streets and Highways Map; 4. The proposed development is a distance of 330 feet or more from developed or entitled property for which improvements have not been deferred; and 5. The proposed development is a single-family residential subdivision, or is a single lot that is developed for a single-family residence that is subject to Subsection (4) above. If an applicant does not meet all of the above criteria, the Director may take into account extenuating site-related circumstances and make a determination to allow an administrative deferral. F. If standard urban improvements are allowed to be deferred for residential subdivisions, the following shall be required, as applicable: 1. An improvement contribution as follows: a. For streets defined on the Master Plan of Streets and Highways Map as a highway, a Major Collector or a Primary Arterial: i. 100% of the City's bond estimate costs for deferred/waived improvements, excluding street lighting; and ii. 100% of the City's bond estimate costs for deferred/waived street lighting when pedestals are not installed. This may be reduced to 50% of the City's bond estimate costs if pedestals are installed. b. For all lesser street classifications (60 feet or less) that are deferred for the public frontage of the subject property where the development is more than 4 single family residential lots: i. 50% of the City's bond estimate costs for deferred/waived improvements, excluding street lighting; and ii. 50% of the City's bond estimate costs for deferred/waived street lighting when pedestals are not installed. This may be reduced to 25% of the City's bond estimate costs if pedestals are installed. Page 15 2. A "Covenant Running with Land Agreement" entered into by the property owner for the deferred improvements, if less than 100% is required. (Ord. 6630 § 4, 08/15/18) 19.02.030 Lots A. City Boundary Line Lots shall not be divided by City boundary lines. B. Minimum Area Requirements In addition to the minimum lot area requirements of this Title, the size of any lot which is not served by public water supply or which is not served by a public sanitary sewer system must comply with applicable Clark County District Board of Health standards. 19.02.040 Sidewalks Sidewalks shall be provided in accordance with City Standards. Alternative pedestrian ways, greenbelt systems or other sidewalk designs may be approved by the Director and the Director of Public Works. The final sidewalk system shall provide a logical and continuous path to area pedestrian destinations, including schools and playgrounds. Sidewalk and pedestrian way width and construction shall be in accordance with City Standards. (Ord. 6630 § 5, 08/15/18) 19.02.050 Drainage Improvements and Facilities The design and construction of all curbs, gutters and other drainage improvements and facilities shall comply with City Standards and with any site-specific drainage plan and technical drainage study that has been accepted or approved by the City. (Ord. 6630 § 6, 08/15/18) 19.02.060 Curbs and Gutters All curbs and gutters on all streets required to meet the provisions of LVMC Chapter 19.04, whether private or public, shall be eighteen inch L-type conforming to City Standards. All curbs and gutters on streets not required to meet LVMC Chapter 19.04 standards with a right-of-way width of sixty feet or more shall be twenty-four inch L-type conforming to City Standards. On all other streets, whether private or public, thirty-inch roll-type curb and gutter conforming to City Standards may be allowed as long as the requirements of the site-specific drainage plan and technical drainage study do not prohibit the use of roll-type curb due to anticipated drainage flows and the use of roll-type curbs does not conflict with public access requirements on public streets. (Ord. 6630 § 7, 08/15/18) 19.02.070 Sanitary Sewer Improvements The design and construction of all sanitary sewer improvements shall comply with City Standards. (Ord. 6630 § 8, 08/15/18) 19.02.080 Public Sanitary Lines A. Location Public sanitary sewer lines shall be located in dedicated public rights-of way, public streets, public sanitary sewer Page 16 easements or public alleys. In any case where a public sanitary sewer line is located in a public utility easement, a sanitary sewer easement shall also be granted. B. Installation Except in commercial subdivisions, public sanitary sewer lines shall be installed to provide laterals to each lot. Laterals that serve single family dwellings shall have a minimum diameter of four inches and be extended to the property line. Plans and profiles showing the exact coordinates for both manholes and laterals shall be provided on all Sanitary Sewer and Storm Drain Final Location Maps after construction of such facilities have been completed. Such Maps shall be submitted to the City upon completion of construction. 19.02.090 Sanitary Sewer Cleanout No sanitary sewer or grease, sand, or oil separator cleanout shall be permitted in public rights-of-way. 19.02.100 Water Supply A. Adequacy Water supply shall be adequate for all domestic use plus fire protection. The system is adequate if it can furnish the required fire flow (in gallons per minute) from any fire hydrant for the required duration of time while the required residual pressures are maintained in the system. Fire flow shall be provided in accordance with the requirements of the Fire Code and the Department of Fire and Rescue. B. Delivered By Pump Adequate water supply does not include the extent to which a system depends upon pumps delivering directly to mains. Required fire flow shall be available even though pumps may not be operating. C. Source Other Than Water District For a subdivision that proposes a water supply from a source other than the Las Vegas Valley Water District, the subdivider must submit to the City a copy of a State well permit; the design showing pressure, capacity, potential population capable of being served; and measures necessary to comply with National Board of Fire Underwriters recommended fire flow. The subdivider must submit an agreement or other written commitment satisfactory to the City guaranteeing a water supply for the subdivision. Lines to hydrants shall conform to recommendations of the National Board of Fire Underwriters. D. From Wells Any water supply obtained from wells shall be clearly shown on the map. A statement shall be submitted stating the capacity of the well, pressure, population that can be served and State certificate number issued for each well. 19.02.110 Fire Hydrants A. Determination of Number Required For purposes of determining the number of hydrants required for a particular development, the maximum amount of flow per hydrant that may be counted in determining the system's adequacy is one thousand five hundred gallons per minute. The criteria for determining the fire flow and number of hydrants for any specific subdivision shall be those set forth in the Fire Code and the I.S.O. Manual adopted by the City. B. Placement Fire hydrants shall be spaced in accordance with the requirements of the Fire Code and the Department of Fire and Rescue. C. Location Hydrants shall be located in conformance with applicable Standard Drawings and the Fire Code. No hydrant shall be located inside or within twenty feet of the required right-of-way radius of a cul-de-sac. Public fire hydrant easements shall be provided for all public fire hydrants not located within public street rights-of-way. D. Installation Fire hydrants shall be installed prior to the commencement of any combustible construction in accordance with the Page 17 requirements of the Fire Code and the Department of Fire and Rescue. All-weather access, as approved by the Department of Fire and Rescue, shall be provided to all hydrants and combustible construction. E. Specifications Hydrants shall conform to the latest edition of American Water Works Standard, C502, for fire hydrants, and the specifications set forth in City Standards. (Ord. 6630 § 9, 08/15/18) 19.02.120 Landscaping Plan Where landscaping is proposed or required for a residential subdivision, a landscaping plan shall be provided by the subdivider as an integral part of the subdivision design. Such a plan shall be prepared and submitted with each final map application addressing the landscape design of the subdivision with respect to such features as wall or fence design; land forms or berms; rocks and boulders; trees and plant materials; sculpture, art, paving materials, street furniture; subdivision entrance statements; common area landscaping; and other open space areas. Landscaping shall conform to all applicable City requirements. In no case shall landscaping or landscaping features be permitted that impede proper visibility at intersections or driveways. 19.02.130 Commitments for the Installation of Improvements A. Construction or Construction Agreement The subdivider is responsible for the construction of all public improvements and for any private improvements associated with the parcel map or subdivision that may be required by the City. Required improvements shall be completed prior to the recordation of the parcel map or final map, unless the subdivider enters into an agreement with the City to install such improvements as provided for in Subsection (B) of this Section or has executed a covenant running with a land agreement, whichever is applicable, as determined by the Department of Public Works. Required dedications must be accomplished prior to the release of the parcel map or final map or such dedications must be noted on the approved maps as being offered for dedication. B. Agreement to be Secured The subdivider shall execute an agreement that guarantees the construction of the required public improvements and shall provide security for their construction in an amount equal to the estimated cost of construction plus ten percent additional for contingencies. The agreement shall be secured by such good and sufficient bond or other security as is deemed appropriate by the City to protect the public interest, and shall be in an amount determined to be sufficient to complete all required improvements and to remove all rubbish, trash, debris, surplus material and equipment from the area. The Director of Public Works shall be responsible for review and, if deemed acceptable, approval of all cost estimates for construction of required public improvements. The subdivider's engineer shall be responsible for submitting all improvement plans and quantity estimates in a manner and form that complies with City requirements. C. Common Area and Off-Site Improvements Requirements 1. In connection with the approval of any parcel map or final map, the developer or subdivider must provide for the installation of common area and off-site improvements by obtaining the City's approval of either a phasing plan or a development agreement, as determined by the Director and the Director of Public Works. 2. The phasing plan or development agreement shall set out a development schedule for all common area and off- site improvements, including but not limited to water, sewer and storm drainage lines; streets; open space improvement; trails; parks; and landscaping. Except as otherwise provided in Paragraphs (3) and (4), completion of common area and off-site improvements within any residential subdivision shall be scheduled to be concurrent with development (e.g., when fifty percent of the development is completed, at least fifty percent of the common area and off-site improvements shall be completed). Calculation of the percentage of the development that is completed shall be based upon the number of building permits issued. Page 18 3. Except as otherwise provided in Paragraph (4), all common area and off-site improvements within any residential subdivision shall be completed when seventy-five percent of the development is completed (e.g., when seventy- five percent of the development is completed, one hundred percent of the common area and off-site improvements shall be completed). Calculations of the percentage of the development that is completed shall be based on the number of building permits issued. 4. A phasing plan is subject to review and approval by the Director of Public Works, as are revisions to the plan. Notwithstanding any other provision of this Subsection (C), the Director of Public Works, in the interest of convenience, shall have the discretion to: a. Determine the appropriateness of, and level of compliance with, phasing under this Subsection (C); and b. Issue additional building permits beyond those that otherwise would be allowed based upon the progress of the development within the preceding 180 days. The issuance of additional building permits shall be in accordance with a written policy developed by the Director of Public Works and shall be contingent on the developer's execution of a binding completion schedule that is mutually agreeable to the developer and the Director of Public Works. 5. A development agreement is subject to review and approval pursuant to LVMC 19.16.150. 6. In the case of either a phasing plan or development agreement, the City is authorized to require security or a performance guarantee for the installation of common area and off-site improvements. The amount of the required security or performance guarantee shall be established by the Director of Public Works, and the form of security or performance guarantee must be acceptable to the City Attorney. To the extent possible, the provisions of Subsection (B) shall apply directly or by analogy to the installation of improvements and security required under this Section. 7. In accordance with LVMC 19.16.050(K), a specific parks in-lieu-of plan must be approved with the tentative map if the developer proposes park improvements in lieu of paying residential construction taxes. (Ord. 6279 § 2, 10/02/13) D. Security Documents The surety documents or other documents of security required in connection with an agreement to install improvements shall specify the duration of the security and its manner of release, and shall provide remedies in the event of default. Such security may be in the form of: 1. A cash deposit or approved government securities; 2. A performance or surety bond issued by a company authorized to issue such bonds in Nevada; 3. An agreement with a lending institution operating under Nevada law; provided that the institution shall reserve sufficient funds out of the subdivider's construction loan (or funds otherwise set aside for the use of the subdivider) to assure completion of all required improvements, shall retain ten percent of the funds until the improvements are accepted by the City and shall not release any funds without the approval of the Director of Public Works; 4. A first deed of trust on real property located in or near the City. The deed of trust must name the City as beneficiary and be accompanied by appropriate agreements or other documents that sufficiently bind the subdivider and trustor to the satisfaction of the City Attorney. The appraised market value of the property which is the subject of the deed of trust must equal or exceed one hundred twenty-five percent of the value of the amount of security determined necessary by the Director of Public Works; or 5. In the case of improvements whose estimated cost is fifty thousand dollars or less, an agreement with the City providing that, in consideration of issuing a building or grading permit, the City may withhold certificates of occupancy, recordation of a map or the inspection of buildings associated with the project unless and until the improvements have been completed to the City's satisfaction. E. Special Improvement Districts A subdivider may request the inclusion of a subdivision within a special improvement district and the City may Page 19 include a subdivision in accordance with applicable procedures. If the City Council approves a special improvement district that includes a subdivision, the City may release the subdivider from the improvement guarantee executed pursuant to Subsection (D) above. The obligation to release shall not accrue until the contract for the special improvement district project has been awarded, and the release shall be only to the extent that the work of improvement will be accomplished through the special improvement district. F. May Be Required In connection with development approvals or permit approvals for residential and nonresidential developments that are not otherwise subject to the land division requirements of this Title, the City may require, as a condition of approval, that the developer install one or more of the following, to applicable City standards: 1. Appropriate off-site improvements; 2. Site access improvements; and 3. Private streets and common area improvements that are proposed to serve the development. G. Off-Site Improvements Agreement--Security In order to assure the installation of any improvements required pursuant to Subsection (F) of this Section, the developer may be required to do one or more of the following: 1. Enter into a development agreement or covenant running with land agreement; 2. Enter into an off-site improvements agreement and post adequate security therefor in accordance with the provisions of this Section; 3. Provide an alternate or equivalent means of assurance that is satisfactory to the City, including the payment of moneys in lieu of improvements. H. Director Includes Designee Any reference in this Section to the Director of Public Works includes a designee of the Director. (Ord. 6279 § 3, 10/02/13) (Ord. 6630 § 10, 08/15/18) 19.02.140 Intersections A. Length Any intersection of any street that provides external access from a subdivision to any existing or planned street abutting the subdivision which has a right-of-way of sixty feet or more shall be offset from any other intersection by at least two hundred twenty feet, measured from centerline to centerline. Intersections of streets providing service internally within a subdivision, where they do not intersect arterial or major streets, shall be offset a minimum of one hundred twenty-five feet. The City Traffic Engineer, at his sole discretion, may allow lesser separation than the distances set forth above if the applicant can demonstrate that the alternative design can safely accommodate traffic circulation. Alternatively, the City Traffic Engineer may refer any such request to the Planning Commission for a decision in accordance with the Waiver provisions of LVMC 19.16.130. B. Angles Street intersections shall be at an angle of ninety degrees, or as close to ninety degrees as is practicable. In no case shall an intersection be at an angle less than seventy-five degrees. C. Compliance with Standards Intersection designs regarding planned streets shall comply with the applicable Uniform Construction Design Standards which may include the requirement of additional right-of-way dedication. (Ord. 6630 § 11, 08/15/18) 19.02.150 Vertical Curves Page 20 Vertical curves shall be provided in all changes in grade where the total algebraic difference is one percent or greater meeting the standards of the most recent edition of "A Policy on Geometric Design of Highways and Streets" (also known as The Green Book). The Director of Public Works may waive this requirement if the applicant can demonstrate that meeting this requirement is impractical. 19.02.160 Reverse or Compound Curves Reverse or compound curves on any street, except residential streets, shall be separated by a tangent of one hundred feet or more. The Director of Public Works may waive this requirement if the applicant can demonstrate that meeting this requirement is impractical. 19.02.170 Roadways and Streets - Design Criteria A. The design of roadways shall take into account and be based upon topography and drainage considerations. B. All lots shall have frontage on, and access to, a public street or an irrevocable private street or private drive. Public street dedications to ensure lot access or the continuity of necessary public streets adjacent to or through the subdivision also may be required, as necessary, by the Department of Public Works. Page 21 19.02.180 Street Grade Requirements All streets should be designed and located so that as many building sites as possible are at or above the grade of the street. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves should be avoided. Minimum street grade shall be 0.004 feet per foot, unless an acceptable alternate design is approved by the Director of Public Works. 19.02.190 Sight Clearance A sight visibility restriction zone (SVRZ) shall be provided at all intersections, including roadway with roadway and driveway with roadway intersections. Each such zone shall comply with Standard Drawing No. 201.2 of the Uniform Standard Drawings, Clark County Area, as it may be revised from time to time, or the applicable sign restriction standards set forth in the most recent edition of the manual entitled "A Policy on Geometric Design of Highways and Streets," as published by the American Association of State Highway and Transportation Officials. Each SVRZ shall be detailed on all plans that depict drainage, grading, fence layout, landscaping or other construction improvements. If required by the City Traffic Engineer, an additional exhibit detailing the SVRZ shall be recorded and a copy submitted to the City plans library. The final map shall provide a general statement making reference to the latest approved construction improvement plan. If a separate SVRZ exhibit is required by the City Traffic Engineer, the final map shall make reference to the exhibit as a recorded document identified by its book and instrument numbers. The SVRZ requirements of this Section shall apply to the location of all public and private facilities and improvements, as determined by the Director of Public Works. 19.02.200 Paving Transitions and Crossovers The Director of Public Works may require the subdivider to install paving transitions and crossovers to accommodate existing and proposed paving improvements with a "sawtooth" or nonuniform alignment or width if the necessary public right-of-way or easement exists or can be obtained by the City. 19.02.210 Access Street Paving Requirements The subdivider shall provide paved access from existing paved streets to the subdivision boundary where no such access exists. The access must be paved to a minimum travel width of twenty-four feet, with AC paving and standard base course as specified by the Director of Public Works. The Director of Public Works shall designate which street must be improved as an access street and may require a secondary paved access route and other mitigation measures deemed necessary as a result of or based upon traffic projects within the subdivision, the location of the subdivision, or neighborhood concerns. 19.02.220 Compaction of Street Sub-grade and Base Material Compaction of street sub-grade and base materials shall comply with City Standards. (Ord. 6630 § 12, 08/15/18) 19.02.230 Driveways A. Driveway design and construction shall comply with City Standards. 1. Residential driveway lengths are measured from the back of sidewalk or back of curb where no sidewalk is provided. B. For nonresidential development, or for residential lots other than single family or duplex lots, the number, type and location of driveways must first be approved by the Director of Public Works. Page 22 C. Except as otherwise permitted by this Chapter or by City standards, or as otherwise approved by the Director of Public Works: 1. For any single family or duplex residential lot, no more than a single entrance or circular driveway shall be provided. 2. No driveway access shall be permitted from the side or rear yard of any residential lot onto any primary or secondary thoroughfare so designated on the City's Master Plan of Streets and Highways. (Ord. 6630 § 13, 08/15/18) 19.02.240 Street Lighting Street lighting for public streets shall be designed, installed or upgraded in accordance with City Standards. Street lighting is not required for private streets within single family subdivisions. (Ord. 6630 § 14, 08/15/18) 19.02.250 Access Control Gates and Storage Areas When utilized on private streets or drives, access control gates and storage areas shall be designed, installed and located in accordance with City Standards. Access control gates and all appurtenant facilities and equipment shall not be located in the public right-of-way. An adequate vehicle queuing area as determined by the Director of Public Works must be provided in order to prevent blockage of public streets. A pedestrian gate separate from the vehicular movement area shall also be provided. (Ord. 6630 § 15, 08/15/18) 19.02.260 Emergency Access Gates All emergency access gates shall be designed, installed and maintained in accordance with City Standards. (Ord. 6630 § 16, 08/15/18) 19.02.270 Private Drive Construction Private drives shall be constructed in sufficient manner and width to accommodate anticipated on-site traffic conditions and shall be in accordance with LVMC 19.04.080 and any other applicable City Standards. (Ord. 6630 § 17, 08/15/18) 19.02.280 Traffic Circulation Safety Subdivisions shall be designed to provide safe and convenient living environments and traffic circulation. Whenever blocks are longer than one thousand two hundred feet, the Planning Commission may require the dedication and construction of pedestrian walkways, pedestrian or bicycle pathways or greenbelts of not less than five feet in width where deemed necessary for circulation and access to schools and playgrounds. The complete length of any such way shall be fully visible from the adjacent street. 19.02.290 Vehicular Access Prohibition to Primary or Secondary Thoroughfares Page 23 Each lot within a subdivision shall have access to a public or private street or private drive that complies with City Standards. Lots with residential zoning and having less than one hundred feet on any side adjacent to a primary or secondary thoroughfare, as designated on the City's Master Plan of Streets and Highways, shall be prohibited vehicular access to the primary or secondary thoroughfare. The access prohibition shall be clearly indicated on the recorded final map. Unless no alternative exists due to the size or depth of the land to be divided, no residential lot shall front onto a primary or secondary thoroughfare. All such lots shall be oriented to have either their rear or side yard lines adjacent to the primary or secondary thoroughfare. (Ord. 6630 § 18, 08/15/18) 19.02.295 Public Improvement Construction Plan Submittal and Permitting A. Plans submitted to the City for proposals to construct public improvements must meet the most recently published and circulated version of the City's 'Standard Plan Guidelines and Design Layout for Land Development Projects." B. The applicant shall notify the Director of Public Works at least twenty-four hours in advance of the scheduled date and time that construction and installation work relating to required public improvements or private streets is to commence. If delays occur, the applicant shall notify the Director of Public Works not less than two hours prior to the rescheduled time. (Ord. 6630 § 19, 08/15/18) Page 24 19.02.300 Multiple Species Habitat Conservation A. Definitions As used in this Section, the following terms shall have the following meanings: "Act" means the Federal Endangered Species Act of 1973, 16 U.S.C. §§1531 et seq., as amended. "Certificate of inclusion" means a certificate issued by the City in accordance with this Section to authorize activities to be covered under the Incidental Take Permit. "Development permit" means an on-site or off-site permit issued by the City to authorize the development of a parcel which has not previously been improved in accordance with all applicable City ordinances. The term includes building permits and grading permits for construction activity, but does not include demolition permits or temporary power permits. "Implementation Agreement" means the document entitled Interlocal Agreement for the Implementation of the Clark County Multiple Species Habitat Conservation Plan and Section 10(a)(1)(B) Permit. approved by the City Council on December 18, 2013, and as thereafter modified. "Incidental Take Permit" means the permit, effective as of February 1, 2001, issued by the Secretary of Interior pursuant to Section 10(a)(1)(B) of the Act (16 U.S.C. §§1539), which incorporates by reference the Multiple Species Habitat Conservation Plan and Implementing Agreement and allows the incidental taking of Threatened or Endangered Species in the course of otherwise lawful activities. "Mitigation fee" means the MSHCP fee imposed pursuant to the provisions of this Section. "Multiple Species Habitat Conservation Plan" or "MSHCP" means the "Clark County Multiple Species Habitat Conservation Plan" approved by the City Council on August 18, 1999, and as thereafter modified. "Non-residential development" means development other than residential development. "Parcel" means a parcel of real property that is the subject of a development permit application. "Residential development" means development designed to be used for single-family residential purposes only, consisting of units containing one kitchen only. "Special Reserve Fund" or "Fund" means the habitat conservation fund established by Clark County pursuant to the Implementation Agreement. B. Purpose of Provisions The purposes of this Section are to: 1. Provide funds to implement conservation actions within the City to protect various habitats and species located within the City; 2. Comply with the terms of the Multiple Species Habitat Conservation Plan and the corresponding Implementation Agreement, both of which have been approved by the City Council; and 3. Comply with the Incidental Take Permit, as it may be amended from time to time, and any successor permits as they pertain to development activity within the City. C. Mitigation Fee 1. Development Permits No development permit for or real property located within the City shall be issued or approved without payment of the mitigation fee. Except as otherwise provided in Subparagraphs (a) and (b) below and the remaining provisions of this Section, each applicant for a development permit shall pay the mitigation fee of $550.00 per gross acre (or portion thereof) that is included within any parcel to be developed and any additional area to be disturbed for related off-site improvements. Payment of the mitigation fee allows a development permit Page 25 applicant, by means of certificate of inclusion, to comply with the Act through the Incidental Take Permit. No waiver, adjustment or refund of mitigation fees shall be available except as specified in this Subsection (C). a. Submission of Form Required. Each applicant for a development permit shall, prior to issuance thereof, complete a land disturbance/mitigation fee form furnished by City departments responsible for issuing development permits. The form must be complete, be signed by the applicant and contain at a minimum the following information: assessor's parcel number(s), number of acres within the parcel and the area to be disturbed by related off-site improvements, and the amount of any mitigation fee(s) actually paid. b. Processing Fee. Each applicant for a development permit shall pay to the City department responsible for the issuance of a development permit a processing fee of $25.00 per residential development permit and $50.00 per non-residential development permit. 2. Exceptions The following types of development are not subject to payment of the mitigation fee: a. Reconstruction of any structure damaged or destroyed by fire or other natural causes; b. Rehabilitation or remodeling of existing structures or existing off- site improvements; or c. Disturbance of any land (including land conveyed from Federal to private ownership) that is covered by and subject to the terms and conditions of a habitat conservation plan and incidental take permit which: i. Are separate and distinct from the MSHCP and the Incidental Take Permit defined herein; and ii. Have been approved by the U.S. Fish and Wildlife Service. 3. Consideration of Fees Previously Paid Pursuant to Section 7 of the Act Applicants for a development permit who have previously paid per-acre fees pursuant to Section 7 of the Act with respect to the land for which the permit is sought are subject to the following: a. If an applicant previously paid Section 7 fees in an amount less than $550.00 per gross disturbed acre (or any portion thereof) that is located within the development parcel, including areas disturbed by related offsite improvements, the applicant shall pay the difference between $550.00 per acre and the amount per-acre paid in Section 7 fees. b. If an applicant previously paid Section 7 fees in an amount equal to or greater $550.00 per gross disturbed acre (or any portion thereof) that is located within the development parcel, including areas disturbed by related offsite improvements, the applicant is not required to pay the mitigation fees for those acres. 4. Refunds An applicant who 1) has submitted a development permit application, 2) has paid mitigation fees regarding the acreage covered by the application, 3) thereafter has withdrawn the application prior to permit issuance, and 4) desires a partial refund of mitigation fees paid may seek such refund by filing a written request with the City. The City will research the request to determine if the permit application has been withdrawn and a refund appropriate. If the City so determines, the City will forward to the Clark County Desert Conservation Program a completed Fee Refund form, the written request for refund, and a copy of the original permit. County personnel will prepare the refund paperwork for the consent agenda for the next available Board of County Commissioners meeting. Upon approval by the Board of County Commissioners, the refund amount will be transferred to the City's Department of Finance. The applicant shall be entitled to receive 80% of the mitigation fees paid to the County by the City with respect to the acreage. Processing fees paid to the City by the applicant are not refundable. 5. Collection and Deposit to Special Reserve Fund All mitigation fees collected pursuant to the provisions of this Section shall be transmitted on a monthly basis, pursuant to the Implementation Agreement, for deposit into the Special Reserve Fund. The Fund, including interest and other income which accrues thereto, shall be expended solely for the development and implementation of the terms of the Incidental Take Permit, as it may be amended from time to time, and any successor permits. Page 26 6. Real Property Acceptance In Lieu of Payment After approval by the U.S. Fish and Wildlife Service and the City Council, and upon compliance with any applicable statutory or charter provisions, the City or its designee may accept real property or interests therein in lieu of the payment of mitigation fees. The fair market value of such real property must equal or exceed the amount of the mitigation fees otherwise required to be paid. D. Compliance with the Incidental Take Permit 1. Except as otherwise provided in Paragraph (5) below, each person who engages in any activity within the City that is covered by the MSHCP, including without limitation residential and non-residential development, agriculture, mining, grazing, and off-highway vehicle activities, must comply with all applicable provisions of the Incidental Take Permit. Such compliance is necessary in order for the activity to be covered by a certificate of inclusion. 2. Each person who complies with the provisions of this Section is permitted to incidentally take any species concerning which the Incidental Take Permit has been issued so long as that person has complied and continues to comply with the applicable provisions of the Incidental Take Permit and thereby has qualified for a certificate of inclusion. 3. Each person whose activities do not require the payment of a mitigation fee pursuant to this Section but are otherwise in compliance with the applicable provisions of the Incidental Take Permit is hereby permitted, in connection with those activities, to incidentally take any species covered by the Incidental Take Permit. 4. If the activities of any person that have been authorized by a certificate of inclusion cease to be in compliance with Paragraphs (1), (2) or (3) of this Subsection, the City is authorized to immediately revoke that certificate without additional action or notice. 5. Property described in Subparagraph (C)(2)(c) or Subparagraph (C)(3)(b) is not covered by or subject to the Incidental Take Permit. (Ord. 6343 §2, 09/03/14) Page 27 19.04 COMPLETE STREETS STANDARDS Contents: 19.04.010 STREET CONNECTIVITY 19.04.020 ROADWAY NETWORK 19.04.030 VEHICLE/PEDESTRIAN SEPARATION MANAGEMENT 19.04.040 CONNECTIVITY 19.04.050 STREET NAMING AND ADDRESS ASSIGNMENTS 19.04.060 AMENITY ZONE 19.04.070 PRIVATE STREET REQUIREMENTS 19.04.080 PRIVATE DRIVE REQUIREMENTS 19.04.090 ALLEY REQUIREMENTS 19.04.100 STREET TERMINATIONS OTHER THAN AT INTERSECTIONS 19.04.110 PARTIALLY DEDICATED STREET OR ALLEY 19.04.120 IMPROVEMENT WIDTH 19.04.130 RESIDENTIAL SUBDIVISIONS 19.04.140 NONRESIDENTIAL SUBDIVISIONS 19.04.150 SIGNS IN PUBLIC RIGHTS-OF-WAY 19.04.160 TRANSPORTATION - LAND USE MATRIX 19.04.170 120' PARKWAY ARTERIAL STREET 19.04.180 106' PRIMARY ARTERIAL STREET 19.04.190 80' MAJOR COLLECTOR STREET 19.04.200 60' MINOR COLLECTOR STREET 19.04.210 47' RESIDENTIAL STREET 19.04.220 47' RESIDENTIAL STREET (NARROW LOT) 19.04.230 PRIVATE GATED COMMUNITY STREETS 19.04.300 DOWNTOWN THOROUGHFARE STANDARDS 19.04.310 DOWNTOWN ALLEY 19.04.320 MINOR NEIGHBORHOOD STREET 19.04.330 MAJOR NEIGHBORHOOD STREET 19.04.340 COMMERCIAL NEIGHBORHOOD STREET 19.04.350 AVENUE 19.04.360 BIKE EMPHASIS AVENUE 19.04.370 BOULEVARD 19.04.380 TRANSIT EMPHASIS STREET Page 28 19.04.010 STREET CONNECTIVITY A. Purpose The purpose of this Chapter is to set forth requirements for achieving a connected transportation system as outlined in the City's General Plan to provide a safe and accessible environment for a variety of transportation modes and users. All proposed development shall be designed in a manner that provides for and facilitates the logical overall design, placement and continuity of streets with respect to adjacent land parcels, and in accordance with this Title, The City's Master Plan of Streets and Highways and LVMC Title 13. B. Applicability 1. The street connectivity standards set forth herein are minimum requirements and shall apply to all new development projects whether utilizing public streets, private streets or private drives. Except as otherwise provided in this Chapter, any request to deviate from these standards shall require the submittal of an application for a Variance, which shall be subject to the procedures and standards set forth in LVMC 19.16.140. 2. Where a proposed development is adjacent to existing improvements, the Director of Public Works shall determine the extent to which it is appropriate to implement the standards outlined in this Chapter and approve, if necessary, designs for the transition from existing improvements to those that meet the standards of this Chapter. The Director may approve a deferral of the Amenity Zone standards pursuant to LVMC 19.02.025. (Ord. 6630 § 20, 08/15/18) 19.04.020 ROADWAY NETWORK A. The roadway network of the City shall generally be laid out as outlined below: 1. Arterials shall follow section lines unless otherwise addressed in LVMC Title 13. 2. Major collector road spacing shall be at distances not exceeding 2,640 feet (1/2 mile) from an arterial or another major collector; 3. Minor collector road spacing shall not be closer than 660 feet from an arterial, major collector or another minor collector; 4. Residential and Local Street spacing shall be at intervals of no more than 660 feet. 5. High Density Residential or Mixed-Use Development shall provide street connections at intervals of no more than 330 feet. B. The roadway network within the Downtown Las Vegas Overlay (DTLV-O), as described in LVMC 19.10.110, shall include the following street types consistent with the Vision 2045 Downtown Las Vegas Masterplan to provide compatible thoroughfare standards between Transect Zones enumerated within LVMC Chapter 19.09: 1. Downtown Alleys shall provide mid-block mobility and access abutting properties. 2. Minor Neighborhood Streets shall generally serve residential neighborhoods and local traffic. 3. Major Neighborhood Streets shall generally serve residential, commercial, and mixed-use neighborhoods. 4. Commercial Streets shall generally serve commercial and mixed use neighborhoods and distribute traffic from minor or major neighborhood streets to avenues or boulevards. 5. Avenues shall generally distribute traffic from minor or major neighborhood streets to avenues or boulevards and provide access to commercial and residential neighborhoods. 6. Bike Emphasis Avenues shall generally provide additional space for bicycle traffic, while also distributing traffic from minor or major neighborhood streets to avenues or boulevards and providing access to commercial and residential neighborhoods. 7. Boulevards shall generally move high volumes of vehicular traffic through Downtown. Page 29 8. Transit Emphasis Streets shall consist of identified routes with lanes dedicated to accommodate a form of high- capacity transit, such as light rail transit or bus rapid transit. 19.04.030 VEHICLE/PEDESTRIAN SEPARATION MANAGEMENT Pedestrian and vehicle separation shall be accomplished by the following treatments: A. Sidewalks shall be required on both sides of all public and private streets in accordance with City Standards, except that private gated community streets as referred to in LVMC 19.04.230 are only required to have sidewalk on one side of the street. B. Sidewalks shall be provided adjacent to private drives to separate pedestrian and vehicular movements, which include, but are not limited to commercial center drives, commercial driveways, park entrances and multi-family residential developments. C. Sidewalks shall be offset from vehicular travel lanes along arterial and collector streets as illustrated for each such street classification in LVMC 19.04.170 through 19.04.200. D. Sidewalk location on residential streets should be as illustrated for each such street classification in LVMC 19.04.210 through 19.04.230. The ultimate location shall be determined by the approved roadway cross section for the development. E. Pedestrian roadway crossings not located at intersections, also known as mid-block crossings, must receive the approval of the City Traffic Engineer prior to being marked or used for such purposes. (Ord. 6630 § 21, 08/15/18) 19.04.040 CONNECTIVITY A. Connectivity is a measurement of the diversity of vehicular or pedestrian options a transportation network provides within and around its transportation network. It is measured using a Connectivity Ratio. The higher the ratio, the more options there are for travelers in a given neighborhood and the lower the ratio, less options are available. B. The Connectivity Ratio is calculated as the ratio of the number of street links (road sections between intersections) in the development's street layout divided by the number of street nodes (intersections and terminations). For comparison purposes, a perfect street grid has a Connectivity Ratio of 2.0, while a subdivision with only culs-de-sac has a Connectivity Ratio of 1.0. Figure 1 illustrates the elements used to determine a site's Connectivity Ratio. Figure 1 - Calculating the Connectivity Ratio for a Site 19.04.040(B) Connectivity Ratio Equation = Links/Nodes* 9(Links)/6(Nodes) = 1.5 *Only Links and Nodes that are Internal to the site are used in the connecitvity equation. Page 30 1. As set forth in Table 1 of this Section, elements of a development's transportation network shall have the assigned value for use in calculating a development's Connectivity Ratio. Table 1 - 19.04.040(B) Transportation Network Element Connectivity Value (Link or Node) Internal Street 1.0 Link Internal Intersection 1.0 Node Cul-de-sac or other non Intersection Terminus 1.0 Node Stub street to future adjacent development with Temporary Turn Around Easements 0.5 Link Non-vehicular (pedestrian/ bicycle) Path - Unrestricted 0.5 Link i. Any curve or bend of a street that exceeds 75 degrees shall receive credit as a node. Any curve or bend that does not exceed 75 degrees shall not be considered a node. ii. A node (Intersection) with a master planned street providing access to a proposed subdivision shall not be considered in computing the Connectivity Ratio. iii. If a subdivision is planned to be constructed in distinct development phases, the initial phase individually and in conjunction with all subsequent phases shall achieve and maintain the minimum required Connectivity Ratio. iv. Temporary stub-out streets proposed for connection to a future phase or adjacent property shall provide a temporary turnaround. The additional right-of-way needed to accommodate a temporary turn around shall be provided through a temporary easement which must be clearly labeled on the Final Map. v. If the temporary stub-outs street shall ultimately provide connectivity to the adjacent property, the following shall apply: a. For all projects where the connection stub street is constructed as part of the initial or only phase of construction, a sign stating "Street Connection to Future Development" shall be installed by the developer at the end of the stub street prior to the first Certificate of Occupancy being issued. Maintenance of the sign shall be the responsibility of the developer until City of Las Vegas, Homeowners Association or other private entity accepts the streets for maintenance. b. For projects where the connections are not constructed until future phases, stub streets shall be constructed to extend to the end of the radii at the intersection with the future street. A sign stating "Future Internal Street and Connection to Future Development" shall be installed by the developer at the end of the stub street. The sign shall be placed immediately after the placement of the base paving course. Maintenance of the sign shall be the responsibility of the developer until the City of Las Vegas, Homeowners Association or other private entity accepts the streets for maintenance. vi. The Final Map shall disclose and identify all stub streets and include any notations of any street stubs which are intended to provide future connection to adjoining future streets or undeveloped property. vii. The minimum required Connectivity Ratio is 1.30 (links/nodes) for all development in R-D, R-1, R-SL, R-MH, R-CL, R-TH, R-2, R-3 and R-4 zoning districts. The Connectivity Ratio required for multi-family residential developments will be determined by the Director, with advice from the Director of Public Works, based on the proposed site layout. a. The required Connectivity Ratio may be reduced by the Director, with the advisement of the Director of Public Works, through the submittal of an application for an Administrative Deviation, which shall be subject to the procedures and standards set forth in LVMC 19.16.120, if the applicant demonstrates it is impossible or impracticable to achieve due to topographic conditions, natural features, adjacent existing development patterns, or other site limitations. b. Applications for Tentative Maps within the specified zoning districts shall identify the calculated Connectivity Ratio concurrent with submittal. The Connectivity Ratio shall also be noted on the recorded Final Map. viii. For developments proposed in zoning districts not identified in Paragraph (2) above, there is no minimum Connectivity Ratio requirement; however, a Connectivity Ratio shall be calculated as provided for in this Section and submitted with any Site Development Plan Review or Tentative Map submittal. Page 31 (Ord. 6270 § 3, 09/18/13) (Ord. 6323 § 3, 06/04/14) 19.04.050 STREET NAMING AND ADDRESS ASSIGNMENTS A. The naming of streets and the assignment of addresses and address numbers to building and lots within the City shall conform to the provision of this Section. B. The intersection of Main and Fremont Streets shall be the initial point of assigning the address numbers to all blocks, lots and building in the City. C. Street Numbering - East-West Streets 1. All buildings or lots that front on east-west streets which intersect or start from Main Street shall be assigned address numbers beginning at that point with the numbers one and zero, and thereafter be numbered progressively through each block. Following each intersection with a numbered street, the numbering shall begin again with the numbers one and zero, with the number of hundreds indicated by the number of the intersecting street. 2. All numbers on the east-west streets shall be even on the north side and odd on the south side. 3. Where Main Street terminates at Las Vegas Boulevard South, Las Vegas Boulevard South shall be the base line for numbering along east-west streets to the southerly City limits. D. Street Numbering - North-South Streets 1. All buildings or lots that front on north-south streets which intersect or start from Fremont Street (or the northwesterly prolongation thereof, as described in Paragraph (2) of this Subsection) shall be assigned address numbers beginning at that point with the numbers one hundred and one hundred one, and thereafter progressively through each block. Approximately eight blocks shall be assigned per mile; provided, however, that in areas in which other jurisdictions have established a different pattern, the numbers shall be apportioned accordingly. 2. For purposes of Paragraph (1) of this Subsection, the northwesterly prolongation of Fremont Street shall be defined as follows: Commencing at the intersection of the northwesterly prolongation of Fremont Street and that portion of Ogden Avenue located between City Parkway and Main Street; westerly along U.S. Highway 95 to the easterly prolongation of Westcliff Drive, the easterly prolongation of Westcliff Drive, and the westerly prolongation of Westcliff Drive with minor deviations north and south to the intersection with the CC 215 Beltway; Far Hills Avenue and the westerly prolongation of Far Hills Avenue to the intersection of the westerly prolongation of Westcliff Drive; the westerly prolongation of Westcliff Drive to the westerly City limits. 3. Buildings or lots on north-south streets shall be assigned address numbers that are even on the east side and odd on the west side. 4. Where Fremont Street intersects Charleston Boulevard, Charleston Boulevard shall become the base line for assigning address numbers along north-south streets to the easterly City limits. 5. The assignment of address numbers for buildings or lots on north-south streets south of Charleston Boulevard shall begin with one thousand one hundred. Thereafter, the base numbering for each succeeding block shall increase by one hundred over the preceding block's base number. 6. The assignment of address numbers for buildings or lots on north-south streets north of Charleston Boulevard shall begin with one and zero, and the assignment of numbers up to one hundred shall continue on those streets until their intersection with Sunrise Avenue. 7. The assignment of address numbers for buildings or lots on north-south streets north of Sunrise Avenue shall begin with two hundred and, thereafter, the base numbering of each succeeding block shall increase by one hundred over the preceding block's base number. Page 32 E. In internal areas of the City in which numbering conflicts with the rules set out in Subsections (C) and (D), the assignment of new numbers shall conform to the existing pattern where possible. F. That certain document entitled "City of Las Vegas Street Naming and Address Assignment Regulations, 2009 Edition," a copy of which shall be maintained in the office of the City Clerk, is adopted by reference and made a part of this Code as if fully set forth herein. The provisions thereof, as they may be amended and supplemented from time to time by ordinance or resolution of the City Council, shall govern the naming of streets and other rights-of- way and the assigning of addresses within the City. G. The provisions of this Section are minimum requirements for the naming of streets and assignment of addresses within the City. Any request to deviate from these requirements shall be processed by means of a Variance application, which shall be subject to the procedures and standards set forth in LVMC 19.16.140. H. It is unlawful for any person to: 1. Use or display a street name, building number or address number that does not conform to the provisions of this Section; 2. Display a street name, building number or address number in a manner that does not conform to the provisions of this Section; or 3. Fail to display a street name, building number or address number in the manner required by this Section. 19.04.060 AMENITY ZONE A. The Amenity Zone may consist of an Amenity Area, Sidewalk, Off-site Buffer Strip, and On-site Planting Area. The required elements for each street or thoroughfare classification are as indicated by the tables and illustrated by the figures in LVMC 19.04.170 through 19.04.380 for each street or thoroughfare type respectively. The Amenity Zone is intended to enhance pedestrian access and safety, while providing adequate space for landscaping and utility and public safety features. B. The Amenity Zone Boundaries are identified by referenced inside and outside delineations in accordance to one of the following cases: 1. Case (A). The zone is located fully within the dedicated public right-of-way and is delineated as follows: a. The inside delineation shall be set at the back-of-curb, or if there is no curb, then the edge of the paved roadway; and b. The outside delineation shall be the right-of-way line. 2. Case (B). The zone is located partially within the dedicated right-of-way and extends into the adjacent private property, common element, or open space that has been set aside for landscaping and public pedestrian access and is delineated as follows: a. The inside delineation shall be set at the back-of-curb, or if there is no curb, then the edge of the paved roadway; and b. The outside delineation shall be clearly identified, by a recorded document with appropriate public easements for such purposes. 3. Case (C). The zone is located fully outside the dedicated right-of-way, as the right-of-way line is at the back of the curb, and is in the adjacent private property, common element, or open space that has been set aside for landscaping and public pedestrian access and is delineated as follows: a. The inside delineation shall be set at the back of-curb, or if there is no curb, then the edge of the paved roadway; and b. The outside delineation shall be clearly identified, by a recorded document with appropriate public easements for such purposes. 19.04.070 PRIVATE STREET REQUIREMENTS Page 33 Private streets must comply with applicable City Standards and with the following requirements: A. Private streets shall have the same dimensions as the comparable public streets unless separated by gates. Private gated community streets may conform to the provisions of LVMC 19.04.230. B. Where access control gates are to be used in conjunction with private streets, the principal vehicular entrance gate must have a minimum width of 50 feet and comply with the Uniform Standard Drawings and LVMC 19.02.250. Additional access control gates for vehicles must be designated and signed for residents only, have automatic methods of opening, and may be of a narrower width and depth as determined by the Director of Public Works. C. Private streets shall meet the minimum construction standards for public streets. All private streets shall be located on a separate common lot or lots that are maintained by an HOA or other approved private maintenance organization. D. Street name signs for private streets shall bear the words "privately maintained," and shall be a color and design established by the City and in conformance with the most recent edition of the Manual of Uniform Traffic Control Devices. The color of such a sign shall be brown with white letters. E. Notwithstanding the provisions of Subsections (A) through (D) of this Section, an administrative deviation of standards may be approved by the Director of Public Works for private streets meeting the following: 1. The street must end in a cul-de-sac that conforms to LVMC 19.04.100; 2. The street cannot provide access to more than four single family residential lots; 3. The street, if located on a separate common lot, must be privately maintained by an HOA or other maintenance organization; and 4. The applicant must demonstrate that the alternative design, including any reduction in street width, can safely accommodate vehicular and pedestrian traffic circulation. (Ord. 6630 § 22, 08/15/18) Page 34 19.04.080 PRIVATE DRIVE REQUIREMENTS Private drives shall only be permitted in multi-family residential and nonresidential developments and shall: A. Have a minimum pavement width of twenty-four feet; B. Be accessible only from a public or private street; C. Terminate in: 1. An intersection with a public or private street; or 2. A cul-de-sac that conforms to LVMC 19.04.100; and D. Be provided with street name signs that bear the words "privately maintained," and are of a color and design established by the City and in conformance with the Manual of Uniform Traffic Control Devices. The color of such a sign shall be brown with white letters. 19.04.090 ALLEY REQUIREMENTS All alleys constructed after the effective date of this Title shall be private alleys and privately maintained unless otherwise authorized by the Director of Public Works. Where public alleys are to be provided, they shall be paved and have a minimum width of twenty feet and be in accordance with City Standards. (Ord. 6630 § 23, 08/15/18) 19.04.100 STREET TERMINATIONS OTHER THAN AT INTERSECTIONS For public streets which terminate other than at an intersection with another public street, and private streets that terminate other than at an intersection with another private or public street, the termination shall be provided by one of the following, as applicable: A. A cul-de-sac with a minimum radius of 40 feet as measured from the flowline of the curb for street lengths up to 600 feet; or B. In the case of a private street up to 250 feet in length that is located behind a gate, a hammerhead meeting the Standard 212.1.S1 design. Street lengths in excess of those stated in Paragraphs (A) and (B) above may be allowed only if approved by the Fire Code Official. (Ord. 6630 § 24, 08/15/18) 19.04.110 PARTIALLY DEDICATED STREET OR ALLEY Whenever there exists a partially dedicated street or alley abutting a proposed subdivision, the remainder of the required right-of-way shall be dedicated and improved by the subdivider unless the City approves a plan to vacate the street or alley. 19.04.120 IMPROVEMENT WIDTH A. Except as otherwise provided in this Section, whenever the owner or developer of property abutting a planned street or highway as shown on the Master Plan of Streets and Highways Map, other than a freeway or expressway, is required by this Title, or by any other law or regulation, to install any improvement on a proposed or existing planned street or highway, he shall improve the area from the right-of-way line to the centerline, or from such point within the right-of-way to the centerline as may be required by the City Engineer. B. Whenever the owner or developer of property abutting a federal or state highway as shown on the Master Plan of Streets and Highways Map, is required by this Title, or by any other law or regulation, to install any public roadway Page 35 improvement on a proposed or existing street or highway, the owner or developer shall provide all public roadway improvements on both sides of the roadway or as required by the City Engineer. C. Any required improvement shall also include the additional area created by the curbline radius as described in LVMC 13.12.100 Page 36 19.04.130 RESIDENTIAL SUBDIVISIONS A. Interior Blocks Requirements Within the interior of residential subdivisions: 1. Blocks should be 330 to 660 feet in length, measured centerline to centerline, unless it is determined by the Director of Public Works to be impractical to do so due to topographical conditions, environmental constraints, lot shape, or site accessibility; 2. Blocks shall not exceed one thousand feet in length between intersections, except where topographical or other conditions require longer blocks; and 3. Block depths should be designed so as to provide two rows of lots, except where lots are planned to back on a major highway, drainage channel, shopping center, or common open space area. Nothing in this Subsection, however, is intended to prevent the inclusion within any subdivision plan of blocks of greater depth or of irregular outline, where they are necessary to provide access to central areas within the subdivision. B. Exterior Blocks Requirements Along the exterior of a residential subdivision's block, lengths shall be consistent with road network spacing standards established by LVMC 19.04.020. 19.04.140 NONRESIDENTIAL SUBDIVISIONS Commercial or industrial blocks shall be of a length and width necessary and appropriate for the proposed use with adequate provision for off-street parking and deliveries. 19.04.150 SIGNS IN PUBLIC RIGHTS-OF-WAY A. Signs Prohibited in Public Rights-of-Way 1. General Rule. Signs shall be prohibited in the public right-of-way, except as provided in this Section. 2. Presumption. A sign erected or placed in the public right-of-way and containing an individual's name, telephone number, address or identification of a product shall be presumed to have been erected or placed by or at the direction of the person or entity associated with that name, business, telephone number, address or product. That presumption is a rebuttable presumption which the affected person or entity may disprove by competent evidence in any enforcement action or administrative proceeding involving such signs. However, in an administrative proceeding against the affected person or entity, the presumption is not rebutted if the sign was erected or placed by a person or entity who, pursuant to contract or otherwise, is acting on behalf of the affected person or entity. B. Signs Permitted in Public Rights-of-Way The following signs may be permitted in the public right-of-way: 1. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic; 2. Bus stop signs erected by a public transit company; 3. Informational signs of a public utility regarding its poles, lines, pipes or facilities; 4. Marquee, projecting and suspended signs projecting over a public right-of-way in conformity with the provisions in this Title; 5. Development entry statement signs and interior directional signs may be permitted as provided for in this Title and provided the sign owner(s) enters into an encroachment agreement with the City; 6. Other signs which have been authorized by the City, including but not limited to signs on bus stop shelters, signs permitted by the approval of an encroachment agreement or emergency warning signs erected by a Page 37 governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way. Such signs are exempted from all requirements of this Title. 19.04.160 TRANSPORTATION - LAND USE MATRIX The Transportation - Land Use Matrix, Table 1 of this Section, is intended to demonstrate the inter-connectedness of land use and the adjacent transportation network. As used in this Section, the matrix identifies each zoning district and indicates the compatibility of the that district with the range of streets detailed in this Chapter. As indicated by the matrix key: A. Green identifies compatible street - land use combinations where no mitigation is anticipated; B. Yellow identifies compatible street - land use combinations where mitigation may be requested; and C. Blue identifies less compatible street - land use combinations where mitigation may be required. Mitigation may take the form of site orientation considerations, increased perimeter buffer areas, enhanced landscaping or other measures meant to improve the compatibility and connection of development with the adjacent transportation network. Mitigation measures, if any, will be determined on a case-by-case basis as part of the Site Development Plan Review or the Tentative Map review. (Ord. 6270 § 4, 09/18/13) (Ord. 6323 § 4, 06/04/14) (Ord. 6346 § 1, 09/03/14) (Ord. 6562 § 3, 01/04/17) (Ord. 6630 § 25, 08/15/18) (Ord. 6649 § 3 thru 5, 10/17/18) Page 38 Table 1 - Transportation - Land Use Matrix 19.04.160 Page 39 Table 1 - Transportation - Land Use Matrix 19.04.160 19.04.170 120' PARKWAY ARTERIAL STREET A street or highway which has a minimum right-of-way width of 120 feet and an existing or potential design capacity of three or more travel lanes of traffic in each direction with 10 feet for an amenity zone and sidewalk on each side and divided by a landscaped median. Page 40 Figure 1 - Street Section/Dimensions 19.04.170 Table 1 -AMENITY ZONE 19.04.170 (see Figures 2 and 3) Figure 2 - Amenity Zone - Utility and Public Safety Features A. Utility & Mechanical Boxes Above ground utilities shall be sited outside of the right-of-way 1 B. Street Lights 18 inches from back of curb 2 C. Fire Hydrants Shall be placed in the amenity area in accordance with the fire code D. Tree Placement 3 Trees shall be placed within amenity area to provide maximum shade of the sidewalk E. Tree Spacing 45 feet on center F. Sidewalk Width 5 feet Figure 3 - Amenity Zone - Landscaping/ Sidewalk G. Off-site Buffer Strip 3 feet H. Maintenance Maintenance of the amenity zone shall be the responsibility of the adjacent property owners Footnotes: 1. If permitted within the right-of-way, above ground utilities shall be located in the amenity area. 2. Street light conduits and permitted underground dry utilities shall be located under the sidewalk. 3. In addition to any landscaping standards provided in this Title, all planting within the right-of-way must comply with LVMC Chapter 13.48. 19.04.180 106' PRIMARY ARTERIAL STREET A street which has a minimum right-of-way width of one hundred and six feet and an existing or potential design capacity of three or more travel lanes of traffic in each direction, divided by a raised median with left turn pockets. Page 41 Figure 1 - Street Section/Dimensions 19.04.180 Table 1 -AMENITY ZONE (see Figures 2 and 3) 19.04.180 Figure 2 - Amenity Zone - Utility and Public Safety Features A. Utility & Mechanical Boxes Above ground utilities shall be sited outside of the right-of-way 1 B. Street Lights 18 inches from back of curb 2 C. Fire Hydrants Shall be placed in the amenity area in accordance with the fire code D. Tree Placement 3 Trees shall be placed within amenity area to provide maximum shade of the sidewalk E. Tree Spacing 45 feet on center F. Sidewalk Width 5 feet Figure 3 - Amenity Zone - Landscaping/ Sidewalk Maintenance Maintenance of the amenity zone shall be the responsibility of the adjacent property owners Footnotes: 1. If permitted within the right-of-way, above ground utilities shall be located in the amenity area. 2. Street light conduits and permitted underground dry utilities shall be located under the sidewalk. 3. In addition to any landscaping standards provided in this Title, all planting within the right-of-way must comply with LVMC Chapter 13.48. 19.04.190 80' MAJOR COLLECTOR STREET A street which has a minimum right-of-way width of eighty feet and an existing or potential design capacity of two travel lanes of traffic in each direction with a center turn lane or raised median with left turn pockets. Page 42 Figure 1 - Street Section/Dimensions 19.04.190 Table 1 -AMENITY ZONE (see Figures 2 and 3) 19.04.190 Figure 2 - Amenity Zone - Utility and Public Safety Features A. Utility & Mechanical Boxes Above ground utilities shall be sited outside of the right-of-way 1 B. Street Lights 18 inches from back of curb 2 C. Fire Hydrants Shall be placed in the amenity area in accordance with the fire code D. Tree Placement 3 Trees shall be placed within amenity area to provide maximum shade of the sidewalk E. Tree Spacing 40 feet on center F. Sidewalk Width 5 feet Figure 3 - Amenity Zone - Landscaping/ Sidewalk Maintenance Maintenance of the amenity zone shall be the responsibility of the adjacent property owners Footnotes: 1. If permitted within the right-of-way, above ground utilities shall be located in the amenity area. 2. Street light conduits and permitted underground dry utilities shall be located under the sidewalk. 3. In addition to any landscaping standards provided in this Title, all planting within the right-of-way must comply with LVMC Chapter 13.48. 19.04.200 60' MINOR COLLECTOR STREET A street with a minimum right-of way width of sixty feet which collects traffic from the local streets and distributes them to the major collector or arterial system. Page 43 19.04.200 - Figure 1 - Street Section/Dimensions Table 1 -AMENITY ZONE (see Figures 2 and 3) 19.04.200 Figure 2 - Amenity Zone - Utility and Public Safety Features A. Utility & Mechanical Boxes Above ground utilities shall be sited outside of the right-of-way1 B. Street Lights 18 inches from back of curb2 C. Fire Hydrants Shall be placed in the amenity area in accordance with the fire code D. Tree Placement 3 Trees shall be placed within amenity area to provide maximum shade of the sidewalk E. Tree Spacing 40 feet on center F. Sidewalk Width 5 feet Figure 3 - Amenity Zone - Landscaping/ Sidewalk Maintenance Maintenance of the amenity zone shall be the responsibility of the adjacent property owners Footnotes: 1. If permitted within the right-of-way, above ground utilities shall be located in the amenity area. 2. Street light conduits and permitted underground dry utilities shall be located under the sidewalk. 3. In addition to any landscaping standards provided in this Title, all planting within the right-of-way must comply with LVMC Chapter 13.48. 19.04.210 47' RESIDENTIAL STREET A street with a minimum right-of way width of sixty feet which collects traffic from the local streets and distributes them to the major collector or arterial system. Page 44 19.04.210 - Figure 1 - Street Section/Dimensions Table 1 -AMENITY ZONE (see Figures 2 and 3) 19.04.210 Figure 2 - Amenity Zone - Utility and Public Safety Features A. Utility & Mechanical Boxes Above ground utilities shall be sited outside of the right-of-way 1 B. Street Lights 18 inches from back of curb 2 C. Fire Hydrants Shall be placed in the amenity area in accordance with the fire code D. Tree Placement 3 Trees shall be placed within amenity area to provide maximum shade of the sidewalk E. Tree Spacing 40 feet on center F. Sidewalk Width 5 feet Figure 3 - Amenity Zone - Landscaping/ Sidewalk Maintenance Maintenance of the amenity zone shall be the responsibility of the adjacent property owners Footnotes: 1. If permitted within the right-of-way, above ground utilities shall be located in the amenity area. 2. Street light conduits and permitted underground dry utilities shall be located under the sidewalk. 3. In addition to any landscaping standards provided in this Title, all planting within the right-of-way must comply with LVMC Chapter 13.48. Page 45 19.04.220 47' RESIDENTIAL STREET (NARROW LOT) A street, typically adjacent to residential lots with lot widths of less than forty feet, with a minimum right-of way width of forty-seven feet which is designed to carry residential traffic between minor collectors and is designed to accommodate on-street parking. This alternative residential street design shall also be used for residential development with lots greater than forty feet where residential sprinklers are not anticipated or required. 19.04.220 - Figure 1 - Street Section/Dimensions Table 1 -AMENITY ZONE (see Figures 2 and 3) 19.04.220 Figure 2 - Amenity Zone - Utility and Public Safety Features A. Utility & Mechanical Boxes Above ground utilities shall be sited outside of the right-of-way 1 B. Street Lights 18 inches from back of curb 2 C. Fire Hydrants Shall be placed in the amenity area in accordance with the fire code D. Sidewalk Width 5 feet E. Tree Spacing 1 tree per lot placed to provide maximum shade of sidewalk while providing adequate root growth area F. Sidewalk Width 5 foot wide planting area adjacent to the front property line Figure 3 - Amenity Zone - Landscaping/ Sidewalk Maintenance Maintenance of the amenity zone shall be the responsibility of the adjacent property owners Footnotes: 1. If permitted within the right-of-way, above ground utilities shall be located in the amenity area. 2. Street light conduits and permitted underground dry utilities shall be located under the sidewalk. Page 46 19.04.230 PRIVATE GATED COMMUNITY STREETS A private street located within a gated community, with a minimum width of 24 feet measured to the face of the curb, which is designed to carry residential traffic between minor collectors and local streets. On-street parking may or may not be provided. 19.04.230 - Figure 1 - Street Section/Dimensions (Ord. 6630 § 26, 08/15/18) 19.04.300 DOWNTOWN THOROUGHFARE STANDARDS A. The purpose of LVMC Sections 19.04.310 to 19.04.380 is to describe standards for development of roadway network thoroughfares within the Downtown Las Vegas Overlay District (DTLV-O) in a manner that is consistent with the Vision 2045 Downtown Las Vegas Masterplan. Each thoroughfare type is intended to provide compatible complete streets between Transect Zones and a hierarchy of intensity between different thoroughfare types and transportation modes. Each Thoroughfare provides a primary emphasis, including pedestrian, bicycle, automobile, and transit, suitable to a single street, while also accommodating other modes. These Downtown Thoroughfare standards supplement City of Las Vegas Engineering Standards. Where the provisions of these Downtown Thoroughfare Standards conflict with City Engineering Standards, the Engineering Standards shall apply, unless in the judgement of either the Director of Public Works or the City Traffic Engineer the application of the Downtown Thoroughfare Standards is consistent with the intent of the Engineering Standards or otherwise provides an acceptable alternative. Page 47 B. As specified in LVMC Title 19.09.090, District Thoroughfare Plans shall be mapped for each Downtown District to: 1. Designate all public thoroughfares within the district consisting of the standards set forth in LVMC 19.04.310 to 19.04.380 2. Designate all public thoroughfares as Primary, Secondary, or Tertiary for the purposes of establishing a hierarchy for transportation accessibility and intensity, building frontages, vehicular access, and utility locations. C. For the Amenity Zone of any Downtown thoroughfare as set forth in LVMC 19.04.320 to 19.04.380: 1. The following amenities may be placed within the prescribed width of each zone: a. Benches and seating, b. Bicycle racks, lockers, or corrals, c. Bollards and pedestrian safety elements, d. Electric vehicle charging stations, e. Fire hydrants, placed in accordance with the fire code f. Kiosks, g. Mailboxes, h. Newspaper racks, i. Parking meters, j. Public art, k. Shade structures, hanging plants, banners, flags, or lighting, l. Streetlighting, signage, or traffic control devices, m. Transit shelters for bus stops or transit stations n. Trash or recycling bins o. Trees and landscaping, planted in compliance with LVMC Chapter 13.48 p. Any other amenity deemed acceptable by the Director of Planning or the Director of Public Works that enhances the thoroughfare's urban environment and does not create a hazardous condition for pedestrians, bicyclists, or motorists. 2. Utility conduits and permitted underground dry utilities shall be located under the sidewalk. 3. Utility and mechanical boxes shall be sited outside of the right-of-way wherever possible. If permitted within the right-of-way, above ground utilities shall be located within the Amenity Zone. No utility or utility appurtenance may be placed in such a manner that blocks or inhibits pedestrian flow, access to a building door or entrance, ramp, or accessway, prevent or otherwise obstruct a handicapped or disabled pedestrian from passing or traversing, or cause a safety hazard. D. The following thoroughfare design elements may be applied as warranted and determined by existing or future conditions, provided that the addition of such a treatment enhances pedestrian and bicyclist safety, protects transit users, ensures motorist sight-lines and visibility, and improves the public realm: 1. The intersections between any two thoroughfare may include: a. Bike boxes b. Diagonal (scramble) pedestrian movements c. Curb extensions, chokers, or bus bulbs d. Mini-roundabouts Page 48 2. Mid-block locations along a thoroughfare may include: a. Mid-block crosswalks b. Where medians are present, pedestrian refuges or Danish offsets c. Curb extensions, pinchpoints, or chicanes 19.04.310 DOWNTOWN ALLEY A Downtown Alley is a narrow public thoroughfare providing mid-block mobility and access to the rear-abutting properties. Typical Downtown Alleys are a minimum of 20 to 24 feet wide and are designed for low-volume pedestrian and bicycle traffic, and, wherever possible, shall be utilized by vehicular traffic to access parking and loading zones. Downtown alleys are intended to be used for utility easements. Required utility infrastructure shall be located within an alley right-of-way to serve all adjacent or abutting property to the extent practicable. A Downtown Alley is not governed by the provisions of LVMC 19.04.090. Best practices and processes for Downtown Alleys can be found within the Downtown Alley Design Guidebook: Components for a Successful Environment. Figure 1 - Street Section/Dimensions - 19.04.310 Page 49 Table 1 - Downtown Alley Notes - 19.04.310 Vision 2045 Downtown Masterplan street emphasis Pedestrian Transect Zone application T3, T4, T5, T6 Functional Class/Intensity Alley Lanes & Widths Right of Way Width (minimum/preferred) 20 feet/24 feet Vehicular Configuration (minimum/preferred) 1-2 travel lanes Sidewalk Width - Amenity Zone Width - Transit Lane Width - Bicycle Lane Width - A: Vehicular Lane Width 10 feet maximum Parking Type and Width Loading/Deliveries only Median Type - Edges Curbs + Gutters (minimum/preferred) - Planters - Landscaping - Lighting Alley Lighting Notes 1. Additional recommendations based on Alley Design Guidebook 19.04.320 MINOR NEIGHBORHOOD STREET A Minor Neighborhood Street primarily serves residential neighborhoods, local traffic, and is characterized by low design speeds and a seven-foot wide amenity zone separating vehicular traffic and the sidewalk. Minor Neighborhood Streets are designed for low volume pedestrian, bicycle, and vehicular traffic, with bicycle traffic accommodated by sharrows. Page 50 Figure 1 - Street Section/Dimensions - 19.04.320 Page 51 Table 1 - Minor Neighborhood Streets Notes - 19.04.320 Vision 2045 Downtown Masterplan street emphasis Pedestrian Transect Zone application T3, T4, T5 Functional Class/Intensity Local Lanes & Widths Right of Way Width (minimum/preferred) 60 feet/66 feet Vehicular Configuration (minimum/preferred) 2 travel lanes D: Sidewalk Width 5 - 6 feet C: Amenity Zone Width 7 feet Transit Lane Width - A: Bicycle Lane Width Sharrows A: Vehicular Lane Width 10 - 11 feet B: Parking Type and Width Parallel, 7 feet Median Type - Edges Curbs + Gutters (minimum/preferred) 11/2/2 feet Planters Continuous Landscaping Trees at 20 feet on center by District Palette (19.09.040(C)) Lighting Dual arm streetlights Notes 19.04.330 MAJOR NEIGHBORHOOD STREET A Major Neighborhood Street serves residential, commercial, and mixed-use neighborhoods, and is characterized by low design speeds. On-street parking separates vehicular traffic from the sidewalk and amenity zone. Major Neighborhood Streets are designed for medium volumes of pedestrian, bicycle, and vehicular traffic, with bicycle traffic accommodated with striped bicycle lanes. Page 52 Figure 1 - Street Section/Dimensions - 19.04.330 Page 53 Table 1 - Major Neighborhood Streets Notes - 19.04.330 Vision 2045 Downtown Masterplan street emphasis Pedestrian Transect Zone application T3, T4, T5, T6 Functional Class/Intensity Local Lanes & Widths Right of Way Width (minimum/preferred) 70 feet/84 feet Vehicular Configuration (minimum/preferred) 2 travel lanes E: Sidewalk Width 5 - 8 feet D: Amenity Zone Width 7 feet Transit Lane Width - B: Bicycle Lane Width 5 - 7 feet A: Vehicular Lane Width 10 feet C: Parking Type and Width Parallel, 7 feet Median Type - Edges Curbs + Gutters (minimum/preferred) 11/2/2 feet Planters Continuous Landscaping Trees at 20 feet on center by District Palette (19.09.040(C)) Lighting Dual arm streetlights Notes 1. Minimum and maximum widths of this street type may vary on a case-by-case basis 2. Bicycle lanes greater than 5 feet may include a buffer 19.04.340 COMMERCIAL NEIGHBORHOOD STREET A Commercial Neighborhood Street serves residential, commercial, and mixed-use neighborhoods, and distributes traffic between Neighborhood Streets and Avenues or Boulevards. Commercial Neighborhood Streets are characterized by a low-speed design, wide sidewalks that accommodate high volume of pedestrian traffic, and a consistent tree canopy to provide shade and increase the quality of the public realm. A Commercial Neighborhood Street is designed for pedestrian, bicycle, and vehicular traffic, with bicycle traffic accommodated through sharrows. Page 54 Figure 1 - Street Section/Dimensions - 19.04.340 Page 55 Table 1 - Commercial Neighborhood Streets Notes - 19.04.340 Vision 2045 Downtown Masterplan street emphasis Pedestrian Transect Zone application T4, T5, T6 Functional Class/Intensity Local Lanes & Widths Right of Way Width (minimum/preferred) 60 feet/96 feet Vehicular Configuration (minimum/preferred) 2 - 4 travel lanes E: Sidewalk Width 6 - 10 feet D: Amenity Zone Width 5 feet Transit Lane Width - B: Bicycle Lane Width Sharrows (Outer lane only) A: Vehicular Lane Width 11 feet C: Parking Type and Width Parallel, 7 feet; Angle parking may be allowed, variable width Median Type - Edges Curbs + Gutters (minimum/preferred) 11/2/2 feet Planters 5 foot x 5 foot tree wells Landscaping Trees at 20 feet on center by District Palette (19.09.040.C) Lighting Dual arm streetlights Notes 1. May include one-way street configurations (Bonneville Avenue, Clark Avenue, Main Street, Commerce Street) 2. On-street angle parking may be substituted for parallel parking on one or both sides if right of way width is constrained. If angle parking is present, dimensional standards provided under LVMC 19.08.110.C shall apply 19.04.350 AVENUE An Avenue distributes traffic between Major or Minor Neighborhood Streets to Avenues or Boulevards and provides access to commercial and residential neighborhoods. An Avenue is designed primarily for medium pedestrian and vehicular traffic and may feature a parking lane or median to enable protected or permitted left-turn movements; where possible, bicycle traffic is accommodated through sharrows. Page 56 Figure 1 - Street Section/Dimensions - 19.04.350 Page 57 Table 1 - Avenue Notes - 19.04.350 Vision 2045 Downtown Masterplan street emphasis Auto Transect Zone application T4, T5, T6 Functional Class/Intensity Collector Lanes & Widths Right of Way Width (minimum/preferred) 70 feet/104 feet Vehicular Configuration (minimum/preferred) 2 - 4 travel lanes F: Sidewalk Width 6 feet/10 feet E: Amenity Zone Width 5 feet Transit Lane Width - C: Bicycle Lane Width Sharrows (Outer lane only) B - C: Vehicular Lane Width 10 feet/11 feet D: Parking Type and Width Parallel, 7 feet A: Median Type and Width 12 feet landscaped median with alternating left turn pockets; 6 feet/8 feet pedestrian refuge Edges Curbs + Gutters (minimum/preferred) 11/2/2 feet Planters 5 foot x 5 foot tree wells Landscaping Trees at 20 feet on center by District Palette (19.09.040.C) Lighting Dual arm streetlights Notes 1. Depending on field conditions, a parking lane may not be present depending on total right of way width 2. Depending on field conditions, a median may not be present depending on total right of way width 3. Mid-block crossings and pedestrian refuges may be provided at locations where pedestrian volumes and intersection spacing warrant 19.04.360 BIKE EMPHASIS AVENUE A Bike Emphasis Avenue distributes traffic between Major or Minor Neighborhood Streets to Avenues or Boulevards and provides land access to commercial and residential neighborhoods. A Bike Emphasis Avenue is designed with greater deference to pedestrian and bicycle traffic, with bicycle traffic accommodated by buffered bicycle lanes. Page 58 Figure 1 - Street Section/Dimensions - 19.04.360 Page 59 Table 1 - Bike Emphasis Avenue Notes - 19.04.360 Vision 2045 Downtown Masterplan street emphasis Bicycle Transect Zone application T4, T5, T6 Functional Class/Intensity Collector Lanes & Widths Right of Way Width (minimum/preferred) 80 feet/120 feet Vehicular Configuration (minimum/preferred) 2 - 4 travel lanes F: Sidewalk Width 6 feet/10 feet E: Amenity Zone Width 5 feet Transit Lane Width - C: Bicycle Lane Width 5 feet/8 feet B: Vehicular Lane Width 10 - 11 feet D: Parking Type and Width Parallel, 7 feet A: Median Type and Width 12 feet landscaped median with alternating left turn pockets; 6 feet/8 feet pedestrian refuge Edges Curbs + Gutters (minimum/preferred) 11/2/2 feet Planters 5 foot x 5 foot tree wells Landscaping Trees at 20 feet on center by District Palette (19.09.040.C) Lighting Dual arm streetlights and/or dual arm central median streetlights Notes 1. Bicycle lanes shall include a striped, raised, or delineated buffer 2. Mid-block crossings and pedestrian refuges may be provided at locations where pedestrian volumes and intersection spacing warrant 19.04.370 BOULEVARD Page 60 A Boulevard has the greatest overall right-of-way width and are designed to carry high volumes of vehicular traffic. Boulevards are major arterials typically with four to six vehicular traffic lanes, an alternating landscaped median/turn lane, and bicycle traffic accommodated with buffered bicycle lanes. Boulevards distribute traffic to other Boulevards, Avenues, and Neighborhood and Commercial Streets and carry traffic through Downtown to other surrounding peripheral neighborhoods, Interstate highway interchanges, or other parts of the region. Figure 1 - Street Section/Dimensions - 19.04.370 Page 61 Table 1 - Boulevard Notes - 19.04.370 Vision 2045 Downtown Masterplan street emphasis Auto Transect Zone application T5, T6 Functional Class/Intensity Arterial Lanes & Widths Right of Way Width (minimum/preferred) 88 feet/140 feet Vehicular Configuration (minimum/preferred) 4 - 6 travel lanes H: Sidewalk Width 6 feet/10 feet G: Amenity Zone Width 5 feet Transit Lane Width - E: Bicycle Lane Width 5 feet/8 feet B - D: Vehicular Lane Width 10 feet F: Parking Type and Width Parallel, 8 feet A: Median Type and Width 12 feet landscaped median with alternating left turn pockets; 6 feet/8 feet pedestrian refuge Edges Curbs + Gutters (minimum/preferred) 11/2/2 feet Planters 5 foot x 5 foot tree wells Landscaping Trees at 20 feet on center by District Palette (19.09.040.C) Lighting Dual arm streetlights and/or dual arm central median streetlights Notes 1. Depending on field conditions, a parking lane may not be present depending on total right of way width 2. Mid-block crossings and pedestrian refuges may be provided at locations where pedestrian volumes and intersection spacing warrant 19.04.380 TRANSIT EMPHASIS STREET Page 62 A Transit Emphasis Street is a special street section intended for the operation of a light rail transit (LRT), Bus Rapid Transit (BRT), or other high-capacity transit system within dedicated lanes or mixed-flow traffic conditions within the right-of-way. A Transit Emphasis Street may be overlayed or combined with other Thoroughfare types and is intended to move high volumes of transit passengers and pedestrians. Transit Emphasis Streets are designed to enable transit- oriented development and mixed-use hubs, and are integrated with surrounding high intensity Transect zones. Figure 1 - Street Section - Side Running Configuration/Dimensions - 19.04.380 Figure 2 - Street Section - Side Running (Loop) Configuration/Dimensions - 19.04.380 Page 63 Figure 3 - Street Section - Center Running Configuration/Dimensions - 19.04.380 Page 64 Table 1 - Transit Emphasis Street Notes - 19.04.380 Vision 2045 Downtown Masterplan street emphasis Transit Transect Zone application T5, T6 Functional Class/Intensity Arterial Lanes & Widths Right of Way Width (minimum/preferred) 60 feet (single transit lane) or 80 feet (double transit lane)/140 feet Vehicular Configuration (minimum/preferred) 2 - 4 travel lanes + transit lanes E(Figure 2)/D(Figure 1,3) : Sidewalk Width 6 feet/10 feet (may vary at station locations) E(Figure 3)/C(Figure 1,2): Amenity Zone Width 5 feet (may vary at station locations) A: Transit Lane Width 12 feet (dynamic envelope) D(Figure 3): Bicycle Lane Width Sharrows (if applicable)/ 5 feet bike lane if space available B(Figure 1,2)/B-C(Figure 3): Vehicular Lane Width 10 feet Parking Type and Width - Median Type Center running station: 6 feet/10 feet Edges Curbs + Gutters (minimum/preferred) 11/2/2 feet Planters 5 foot x 5 foot tree wells Landscaping Trees at 20 feet on center by District Palette (19.09.040.C) Lighting Dual arm streetlights; special lighting at station areas Notes 1. The design of all new Transit Emphasis Street configurations shall be coordinated between the City of Las Vegas Planning and Public Works Departments and the Regional Transportation Commission of Southern Nevada. 2. Configurations may be center-running or side-running, as may be later determined by capital project engineering. 3. For any single-track configuration or configuration on a one-way street, the right lane shall be designated for transit service. 4. At any station area, platforms may be configured to allow sidewalk boarding or central boarding. Page 65 19.06 RESIDENTIAL DISTRICTS - PURPOSE AND DEVELOPMENT AND DESIGN STANDARDS Contents: 19.06.010 Applicability 19.06.020 Intent of Residential Development Standards 19.06.030 General 19.06.040 Development Standards 19.06.050 U (Undeveloped) 19.06.060 R-E (Residence Estates) 19.06.065 R-D (Single Family Residential-Restricted) 19.06.070 R-1 (Single Family Residential) 19.06.075 R-SL (Single Family Small Lot Residential) 19.06.080 R-CL (Single Family Compact-Lot) 19.06.090 R-TH (Single Family Attached) 19.06.100 R-2 (Medium-Low Density Residential) 19.06.110 R-3 (Medium Density Residential) 19.06.120 R-4 (High Density Residential) 19.06.130 R-MH (Mobile/ Manufactured Home) 19.06.140 Residential Sign Standards Page 66 19.06.010 Applicability This chapter applies to all residential development within the City of Las Vegas and to all residential zoning districts. Except as otherwise provided in this Chapter, the standards set forth herein are minimum requirements. Any request to deviate from these standards shall require the submittal of an application for an Administrative Deviation, if appropriate, or Variance, which shall be subject to the procedures and standards set forth in LVMC 19.16.120 and 19.16.140, respectively. 19.06.020 Intent of Residential Development Standards The intent of establishing standards for residential development is: A. To ensure that new residential development will not negatively impact the use and enjoyment of adjacent and neighboring properties; B. To ensure that new residential development will contribute to the overall attractiveness of the City; C. To increase design compatibility between abutting properties and land uses; D. To reinforce a sense of community and to preserve the integrity of neighborhoods and places of business; and E. To reduce unsightly views; F. To provide for landscaping and buffering that: 1. Conserves water and reduces erosion; 2. Reduces heat and glare generated by development; and 3. Aids in filtering dust and particulate matter from the air. 19.06.030 General A. Access All lots or parcels shall have frontage upon a public street; provided however, that lots within a recorded Subdivision or Parcel Map may provide access to a public street by way of a commonly owned private street or a private access easement. All private access streets must be fully improved in accordance with the Traffic Circulation Improvements Standards contained in the Design Standards Manual. B. Grading 1. Grading Plan Approval - When Required. When the natural grade of a lot is proposed to be raised more than two feet at any point from existing grade, three copies of a finished lot grading plan and legal description of the property shall be filed with the Department of Public Works. The plan shall include proposed and existing grades, building locations, and building height information for the development site and for the adjacent properties, and any justification for the proposal. The Director of Public Works or designee may withhold or deny development approval unless the applicant demonstrates to the satisfaction of the Director of Public Works that the proposal is necessary in order to develop the site in a manner which conforms to applicable drainage and other development standards. The timing of site grading is subject to the provisions of Paragraph (3) below. 2. Grading Plan - Appeal of Denial. The applicant may appeal to the City Council any final decision rendered pursuant to Paragraph (1) of this Subsection. In connection with the appeal, the City may require notification of surrounding property owners. The City may charge a fee for the appeal and for any required notification in accordance with the Fee Schedule. 3. Early Grading Consideration. To the extent provided for in this Paragraph (3), the Director of Public Works or designee may authorize the issuance of a grading permit prior to final approval of Civil Improvement Plans for the site (hereafter "early grading") if the application for such permit demonstrates to the satisfaction of the Director of Public Works or designee that early grading is necessary in order to relieve a particular and Page 67 exceptional practical difficulty or exceptional and undue hardship that is not created by the property owner or developer. In addition, the issuance of a grading permit for early grading is subject to the following limitations and conditions: a. The real property that is the subject of the grading permit must not be located within the HS-O (Hillside Development Overlay) District. b. The real property must have received: i. Tentative Map approval and Final Map Technical Review approval for developments requiring a subdivision map; and ii. Site Development Plan Review approval, if required by this Title. c. The developer must have submitted to the City Engineer or designee a justification letter that delineates the reasons for requesting early grading and the specific circumstances the City should consider in evaluating the request for early grading. d. The Drainage Study for the site must have been approved. e. The Traffic Impact Study for the site must have been approved. f. The Bond Estimate for the site must have been approved, and bonds must have been posted. g. The design engineer must have addressed all initial plan check comments and must have resubmitted the plans to the City. h. All easements and development-related agreement documents must have been prepared and submitted to the City. i. The property owner must have executed a waiver and consent, in a form prepared or approved by the City Attorney, in which the property owner acknowledges and agrees: I. That the site has not received final approval of Civil Improvement Plans, and that in absence of such approval, the property owner is proceeding at his or her own risk in excavating the real property that is the subject of the grading permit; II. The location and design of private and public improvements on the site may be subject to change as a condition of final approval of Civil Improvement Plans; III. That the grading permit issued pursuant to this Paragraph (3) does not create any vested rights; and IV. That the City Council, in the exercise of its legislative authority, is free to amend or enact legislation which may have an adverse effect on the property owner's ability to obtain final approval of Civil Improvement Plans from the City or which may increase the costs of the project, or both. j. The City must have approved any and all deviations from City Standards that have been proposed in connection with the development. k. The developer must have demonstrated compliance with the requirements of NAC 278.290 through 278.530. (Ord. 6278 § 2, 10/02/13) C. Construction No building, structure or land shall be erected, reconstructed, structurally altered or used for a purpose other than a use allowed in the zoning district in which the building, structure or land use is located. D. Lot Size Lot size refers to the amount of horizontal land area contained within property lines. No lot area shall be so reduced that the size, width, setbacks, yards, required open space or total lot area is less than prescribed by this Title; nor shall the unit density be increased in any manner, except in conformity with the regulations established in this Chapter. Page 68 1. Yard Area. No yard, open space or off-street parking or loading space, required in conjunction with a building or land use, shall be included as part of a yard, open space or parking or loading space required for any other building or land use, unless otherwise provided in this Title. 2. Utility Facilities. Public and private utility facilities (i.e. pumping and switching stations, reservoirs, power substations, etc.) using land or an unoccupied building requiring less than 500 square feet of site area are exempt from the minimum lot size requirements of all zoning districts, provided that all other applicable provisions of this Chapter are satisfied. 3. Reduction of Existing Lot. When an existing lot is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least ninety (90) percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to be in compliance with the minimum lot size standards of this Chapter, without the necessity of further administrative approvals. Page 69 19.06.040 Development Standards A. Tables Except as otherwise noted, the minimum lot size, maximum unit density, minimum lot width, minimum building setbacks, maximum lot coverage, minimum building separation and maximum building height for uses in each district shall be governed by the dimensional standards in the tables listed for each district. Explanatory notes for provisions in the tables follow the tables as needed. B. Building Placement In addition to the dimensional standards and requirements listed for building placement in the tables provided for each district, development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Projections into Setback Area. The following structures are permitted to project into the established setback area for the lot or parcel as indicated: a. Architectural Features. Bay windows, fireplaces, roof eaves, cabinets designed to screen utility meters and similar architectural features may encroach no more than two feet into any required setback area, provided that the encroachments: i. Remain at least three feet from the property line; and ii. Do not increase the living space of the structure at the floor level. b. Other Architectural Embellishments. Architectural embellishments and institutional symbols for churches/houses of worship, public buildings and quasi-public buildings may extend into any required setback area, provided that they are clearly shown and approved as a part of a Special Use Permit, Site Development Plan or other required application. c. Lots Adjacent to Open Space. On any lot which adjoins a golf course, park area, common open space or similar open space, open balconies may extend up to five feet into the required setback for the dwelling and toward the open space; provided, however, that the projection extends no closer than three feet from the property line. d. Mechanical Equipment. Mechanical equipment such as air-conditioning units, pool filtering and heating equipment, water softeners, and similar mechanical equipment may occupy the required rear and side yard setback areas if totally screened from abutting lots and streets by fences, walls or landscaping, and if such mechanical equipment does not restrict required access through such setback areas as determined by the Department. C. Accessory Structures In addition to the standards listed for accessory structures in the tables provided for each district, accessory structures on any lot subject to the standards provided in this Chapter shall conform to the following: 1. No accessory structure shall be erected or moved onto any lot prior to construction of the main building unless a building permit has been issued for the construction of the main building. 2. No accessory structure is permitted in front of the primary structure unless the structure is a side-loaded garage that is used strictly as an ancillary use and does not encroach into the front setback area. 3. No setback is required for a detached accessory structure from a property line which abuts an alley. 4. Accessory structures must be aesthetically compatible with the principal dwelling unit. 5. Accessory structures may contain any type of room use but may not contain any kitchen except as otherwise specifically provided in this Title with respect to a Class I accessory structure. 6. The roof of an accessory structure may be attached to the main dwelling, if there is a minimum six foot separation between the walls of the accessory structure and the main building and provided that at least two Page 70 sides of the breezeway are open. A gate or fence which is at least 50 percent open construction may be attached to one end of the breezeway. (Ord. 6210 § 2, 09/05/12) Figure 1 - Standard Planting Requirement 19.06.040 (F) Figure 2 - Standard Planting Requirement Alternative 1 Clustered Planting: Clustering of trees is allowed if: 1) the total number of trees exceeds the minimum requirement by at least one tree, and 2) the spacing between any two trees does not exceed forty-five feet. Figure 3 - Standard Planting Requirement Alternative 2 Variable Size Planting: One twenty-four inch box deciduous tree, evergreen tree, or fifteen-foot palm tree for every forty linear feet of planter, plus one extra tree of similar size to provide coverage at each end of planters. The spacing of such trees shall not exceed forty feet on center. In addition, two fifteen gallon deciduous trees, evergreen trees, or palm trees are required for every forty linear feet of planter, to be located between the trees planted pursuant to the preceding sentence. The fifteen- D. Building Height In addition to the standards listed for building height in the tables provided for each district, building heights for development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Roof-mounted solar panel units that are permitted as a conditional use pursuant to LVMC Chapter 19.12 shall not be considered as a part of the building height for purposes of this Chapter. 2. Chimneys, vent stacks and skylights may be erected above the required height limits, provided that in no case shall structures above the permitted height limit be constructed for the purpose of providing additional floor space. E. Patio Covers In addition to the standards listed for patio covers in the tables provided for each district, patio covers on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Any patio cover extending into the established setback area for the lot or parcel may not be enclosed with any materials, including wood, metal, canvas, plastic, glass or any other screening material. An enclosed patio cover must conform to the setback standards applicable to the main dwelling. 2. The height of the patio cover shall not exceed twelve feet. 3. A detached patio cover shall conform to the applicable Accessory Structure standards for the lot or parcel. F. Landscape Buffers and Turf Limitations In addition to the standards listed for landscape buffers and turf limitations in the tables provided for each district, development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Landscape Required a. All multi-family development or single family developments with five or more lots adjacent to streets classified as major collectors or larger shall meet or exceed the minimum standards, and shall comply with any restrictions, Page 71 gallon trees may be either spaced regularly or grouped in between the larger trees. established in this Title. All landscaping required by this Chapter shall also comply with the provisions of LVMC 13.48.040 and 19.02.190. b. Except as otherwise permitted by the Director, all landscape and irrigation plans shall be prepared and stamped by a registered architect, landscape architect, residential designer or civil engineer. c. The owner, developer and occupant of the property are jointly and severally responsible for maintaining or assuring the ongoing maintenance of installed landscaping so that the landscaping continues to thrive. Prior to the issuance of a building permit, the owner, developer or contractor shall post a performance bond or equivalent security to assure the performance of the maintenance obligation for a minimum of two years. d. All revisions to an approved landscape plan must first be reviewed and approved by the Department prior to installation of the landscaping. e. Where perimeter landscape buffers are indicated, the standard planting requirement is as set forth in Figure 1. Alternatives to the standard planting requirement are set forth in Figures 2 and 3. 2. Additional Landscaping May Be Required Additional landscaping may be required by the Director or reviewing authority in order to respond to special site features, maintain an established landscape pattern created by existing landscaping in the surrounding area, or mitigate the impact of a particular development. 3. Alternative Landscape Designs The Director or other reviewing authority may approve variations to the standards and designs set out in this Chapter if they respond more appropriately to a particular site and provide equivalent means of achieving the intent of this Chapter. 4. Maintenance Property owners shall be responsible for: a. Maintaining all walls in good structural and finish condition; b. Maintaining all landscaping in a healthy and vigorous living condition and in accordance with LVMC 13.48.040 and 19.02.190; c. Promptly replacing dead vegetation with healthy, living plants, in accordance with standard seasonal planting practices. 5. Installation of Required Landscaping a. All required perimeter landscaping shall be installed in compliance with an approved landscape plan prior to occupancy. b. Prior to the installation of any required landscaping, the developer shall demonstrate compliance with the approved landscape plan by providing the Department a complete bill of materials. c. When applicable to a phased development plan, a phased landscape installation plan may be approved concurrently with a Site Development Plan Review. 6. Irrigation of Landscaping a. All required landscaping shall be installed with an irrigation system designed to eliminate any run off of water into the public rights-of-way. b. In order to minimize damage to buildings and solid walls from soil settling, expansion/ contraction (cracked foundation), all overhead spray irrigation systems shall be a minimum of twenty-four (24) inches back from any building and solid walls with no overspray contacting any building or solid walls. c. An automatic irrigation system is required for all planting areas, and shall include: i. An electric automatic controller and multiple program capabilities; ii. Multiple repeat cycle capabilities; and Page 72 iii. A flexible calendar program. d. All irrigation water shall be retained on-site. When required, swales shall channel water to larger holding areas, catch basins, other planting areas, gravel sumps, dry-wells, or any combination thereof. Areas that accumulate system water shall be provided with underground drainage systems to carry water to holding or discharge areas. Nuisance flows shall not spill over the sidewalk and into any street. 7. Turf Limitations a. The use of turf is subject to and limited by LVMC Chapter 14.11 and the provisions of this Paragraph (7), with the provisions that are most restrictive to govern in a particular case. No new turf shall be installed in residential front yard areas except as provided for in LVMC 14.11.150(B), or in the common areas of residential developments unless the common area is intended as usable open space. Additionally, turf shall be limited in the rear and side yard areas of residential lots as follows: Table 1 - Turf limitations Use Use of Turf Single Family Limited to a maximum of 50% of the total side and rear yard areas or 100 square feet, whichever is greater (up to a maximum of 5,000 square feet) provided that no turf installation in a side or rear yard area has a dimension of less than 10 feet Multi-family Limited to a maximum of 30% of total landscapable area Nonresidential See LVMC 19.08.040 (F)(7) b. The turf limitations contained in this Subsection are intended to increase the use of water efficient vegetation. Landscaping shall be designed, and the landscaping materials shall be chosen and installed, so as to ensure that, within three years of normal growth, at least 50 percent of the area covered by nonturf landscaping will consist of water efficient vegetation. c. The maximum amount of turf allowable pursuant to Subparagraph (a) may be increased proportionally by the percentage of water used for irrigation that comes from a source to which the property owner has secured water rights. 8. Landscape Materials Landscaping shall include drought-resistant and water efficient plant materials consistent with the Southern Nevada Regional Planning Coalition Regional Plant List and the turf limitations of Paragraph (7). Where perimeter landscape buffers are indicated the following are the requirements for landscape material: a. Trees shall be spaced within the required buffer zones in accordance with Table 2 below, with trees to be spaced on center. Table 2 - Landscape Buffer - Standard Tree Spacing Use Standard Single Family 1-24" box tree per 30 linear feet Multi-family 1-24" box tree per 20 linear feet 1 Nonresidential See LVMC 19.08.040 (F)(8) Footnotes: 1. Where adjacent to any right-of-way classified as a freeway, the spacing may be increased to 1-24" box tree per 30 linear feet. b. Shrub Requirements. Shrubs are required in all buffer areas, with a minimum of four 5-gallon shrubs required for every required tree. Page 73 c. Ground Cover Requirements. Ground covers shall be installed in all landscaped areas. Nonvegetative ground covers shall include, without limitation, rocks and small stones, crushed rock and bark, installed to a minimum depth of two inches in all areas. 9. Buffer Zone Encroachments The following encroachments are permitted within required buffer zones: a. Driveways (curb cuts) that are located perpendicular or approximately perpendicular to the street right-of- way. b. Sidewalks that are located perpendicular or approximately perpendicular to the street right-of-way. 10. Utility Boxes and Installations a. Along streets that border a residential subdivision, all utility boxes and above-ground utility installations, other than utility poles, that are in excess of twenty-seven cubic feet in size and that are to be placed outside the right-of-way shall be installed with landscaping on two sides, with one side being available for access by utility companies. The landscaping must include tall grasses and/or shrubbery which, at maturity, will provide adequate screening of the utility structures. b. Within proposed trail corridors that are identified in the Master Plan Transportation Trails Element and the Master Plan Recreation Trails Element, no utility box or above-ground utility installation, other than a utility pole, that is in excess of twenty-seven cubic feet in size (excluding pad and concrete collars) shall be allowed. In addition, all utility boxes to be placed immediately adjacent to a trail corridor shall be placed so that the access doors open parallel to the trail corridor and are accessible without the need to cut down or reduce the effectiveness of the landscaping within the trail area. 11. Deviations a. The Planning Commission or City Council may grant a waiver to deviate from the standards set forth in Paragraphs (1) through (7) of this Subsection as part of a Site Development Plan Review if the applicant can show through convincing and substantial evidence that the waiver will not compromise the objective of the City in safeguarding the interests of the citizens of the City, the proposed project will substantially meet the intent of the standard, and the granting of the waiver will not detrimentally affect the public health, safety or general welfare. b. An exception or modification from the standards set forth in Paragraphs (8) through (10) of this Subsection may be approved upon the request of an applicant if the applicant can show through convincing and substantial evidence that the exception or modification will not compromise the objective of the City in safeguarding the interests of the citizens of the City, the proposed project will substantially meet the intent of the standard, and the granting of the exception or modification will not detrimentally affect the public health, safety or general welfare. Such an exception or modification may be granted by the Director in connection with the approval of a Site Development Plan Review. In cases where the Director does not approve a requested exception or modification, the request may be acted upon by the Planning Commission or City Council, the request for exception or modification need not be identified as a separate action item, and disposition of the request may be incorporated into the action on the Site Development Plan Review. Notice of action on the request for exception or modification may be incorporated into the notice of decision regarding the Site Development Plan Review. G. Parking In additions to the standards listed for parking in the tables provided for each district, development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Every building or land use established, every existing building enlarged and every existing use expanded shall provide off-street parking and loading spaces in accordance with the minimum parking requirements set forth in LVMC 19.12.070 and any other applicable requirements and standards of this Title. Existing parking and loading spaces shall not be reduced below the minimum required by this Title. Page 74 2. All on-site parking shall be provided on the same parcel as the principal use, except as permitted by the off-site parking provisions of this Title. Parking on the public right-of-way may not be counted towards satisfying the requirement for on-site parking. 3. All parking and vehicle storage areas, including recreational vehicle parking in residential land use districts, shall occur on paved areas and conform to the conditions and requirements for "Vehicle Parking, Storage or Repair in Residential Zoning Districts" as outlined in LVMC Chapter 19.12, except that: a. Parking surfaces used for temporary real estate sales offices may consist of decomposed granite, chat, reclaimed asphalt paving or other material approved by the Department of Public Works. 4. Except as otherwise provided in LVMC 19.12.070 or some other provision of this Title, when more than one use is to be conducted on a site, parking shall be calculated and provided for each of the uses separately. 5. Driveways may be used to satisfy minimum on-site parking requirements for single family dwellings, provided that sufficient space is available to satisfy the minimum design standards and no parking space is located so as to require the moving of any vehicle on the premises in order to enter or leave any other space. 6. Multi-family residential uses shall provide handicapped parking at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped. The number of spaces required for use by a vehicle with a side-loading wheelchair lift shall be in accordance with the requirements of LVMC 19.08.110(C)(3)(b). H. Fences and Walls In additions to the standards listed for fences and walls in the tables provided for each district, development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Front Yard Screen Wall Prohibition. No screen wall shall be built in the front yard of a residential property. 2. Perimeter and Screen Walls a. General. There is no requirement to construct a wall or fence. However, all perimeter or screen walls and fences must comply with applicable building code requirements. The height of a wall or fence shall be measured from the side with the greatest vertical exposure above finished grade. 3. Fences, Walls and Architectural Character a. Perimeter walls. Perimeter walls, end walls, return walls and common area walls shall be decorative and shall be installed by the developer. Acceptable decorative wall materials include, without limitation, stone, decorative block, slump, stone, and wrought iron, and shall have a minimum percentage of contrasting material as indicated for each district. The contrasting material requirement may be fulfilled by contrasting color, or a combination of contrasting material and contrasting color, if approved by the Department in its discretion. All walls shall include such detail variations as may be required by the Department, including pilasters, ornaments, decorative caps, decorative iron cutouts or fluted blocks. Any decorative materials or ironwork attached to the top of a perimeter wall shall not encroach into public rights-of-way or abutting properties. Pilasters, if used, shall have a maximum spacing of twenty-four feet on center. All perimeter walls shall: i. Match the design of abutting perimeter walls. The established wall design shall be continued until the next street intersection. In cases where the existing wall is considered by the Director to be of unacceptable design, the design shall not be carried beyond the next street intersection unless a transitional wall area designed to soften the differences between the walls is constructed; and ii. Be maintained by the property owner, the developer, a business association or other similar organization, or by such other means as may be approved by the City. b. Retaining Walls. Retaining walls which are visible from adjacent properties or rights-of-way shall be decorative and shall be installed by the developer. Acceptable materials for retaining wall construction include split-face block, decorative block, slump stone, stone, caliche rock, colored or exposed aggregate, and textured-finish concrete. All walls shall include detail variations such as pilasters, ornaments, decorative caps, or fluted blocks. All walls shall be maintained by the property owner, the developer, a business association or Page 75 other similar organization, or by such other means as may be approved by the City. In cases where the height of a retaining wall exceeds four feet, a minimum of five shrubs of a five-gallon size, and five shrubs of a one- gallon size, for each twenty feet of linear planting area shall be planted in the area at the base of the wall. In cases where there are multiple-stepped retaining walls, a minimum of five shrubs of a five-gallon size, and five shrubs of a one-gallon size, for each twenty feet of linear planting area shall be planted in the area between the walls and at the base of the lowest wall. A minimum planting area of four feet is required between the retaining walls. c. Wall Separation. Where a screen or perimeter walls abuts another screen or perimeter wall, the separation shall either be: i. A minimum of three feet from face of wall to face of wall, with access provided to the area between the walls for maintenance; or ii. A maximum of eight inches, with the resulting gap between the walls to be filled and capped with a cementitious material that: A) Will not increase the load on the walls; and B) Has been approved by the Department and the Department of Building and Safety. 4. Materials. Unless otherwise approved as part of an overall development plan, the following materials shall not be acceptable for use as screen or perimeter walls: a. Chain link or open wire fencing (except as temporary construction fencing); b. Razor wire or barbed wire (except as may be approved under the procedures set forth in the City's Building Code); c. Corrugated metal; d. Bright colored plastic; and e. Untextured or unfinished concrete or block (CMU) walls. I. Residential Adjacency Standards 1. Applicability a. All property to be developed for multi-family residential or nonresidential use that is located adjacent to property which is zoned R-E, R-D, R-1, R-SL, or R-CL, unless such adjacent property is developed with a nonresidential use, shall conform to the residential adjacency standards set forth in this Subsection. b. For purposes of this Subsection: i. Property is "adjacent" to other property if the properties share a common property line or are separated only by a street rightof-way or easement. ii. "Property subject to the standards for this Subsection" means the property that is described in Subparagraph (a) of this Paragraph (1) that must conform to the residential adjacency standards of this Section. iii. "Protected property" means residential property that is developed for sale or designated for such development, and single family residential property, as those types of property are described in Subparagraph (a) of this Paragraph (1). 2. Building Height And Setback Requirements (see Figure 4) a. Proximity Slope i. Except as otherwise provided in this Paragraph (2), no building subject to the standards of this Subsection shall exceed the height of a line drawn from the property line of a protected property at a 3:1 slope directly into the property subject to the standards of this Subsection. For example, a 100-foot high building must be set back 300 feet from the property line of the protected property, if both the property line of that property and the grade of the building subject to the standards of this Subsection are at the Page 76 same elevation. The Proximity Slope limitation contained in this Subparagraph (i) applies to architectural projections above rooflines. ii. The Proximity Slope limitation contained in Subparagraph (a)(i) does not apply when nonresidential buildings, such as schools and churches/houses of worship, are built on the protected property. iii. Notwithstanding the Proximity Slope limitation contained in Subparagraph (a)(i), a one story building up to 15 feet in height may be constructed to the applicable setback line that is established for the zoning district in which the property subject to the standards of this Subsection is located or which is established by Subparagraph (d) of this Paragraph (2). b. Changes in Grade. Notwithstanding the Proximity Slope limitation contained in Subparagraph (a)(i) above, if the natural slope of the ground rises or falls from the point of origin of the slope line, the actual building height may be greater or lesser by the difference in grade. c. Exceptions i. The following structures may project a maximum of 12 feet above the Proximity Slope: A) Chimney and vent stacks. B) Roof structures for the use of solar panel units, elevators, stairs, tanks, ventilation and similar necessary mechanical equipment. C) Visual screens which surround mounted mechanical equipment. D) Skylights. E) Whip and mounted antennas. ii. Church steeples, utility transmission lines and towers, wireless communication facilities when attached to a utility transmission line pole or tower, small wind energy systems, and municipal utility facilities such as water towers are exempt from the maximum height provisions. d. Building Setback. In addition to the required building setback line, no building setback on property subject to the standards of this Subsection shall be less than the required building setback for the protected property. e. Waiver. The requirements of this Paragraph (2) may be waived by the City Council for: i. Any multi-family residential project that is intended to meet the affordable housing objectives of the General Plan if the City Council determines that the waiver is critical to the viability of the project and that the intent of this Paragraph (2) can be achieved; or ii. Any mixed-use development that contains a significant residential element. 3. Spill-Over Lighting a. Lighting Standard. No lighting from a property subject to the standards of this Section shall create greater than 0.5 of one foot-candle at the property line of a protected property. b. Redirecting/Screening of Light Sources. All sources of light, including security lighting, illuminated signs, vehicular headlights and other sources, shall be directed away from protected property or screened so that the light level above is not exceeded. 4. Trash Receptacles Garbage storage areas for properties subject to the standards of this Subsection shall be screened and odor controlled, and trash pick up shall be scheduled to minimize any impact on protected properties. In addition, trash receptacles shall be located a minimum of 50 feet from any property line of a protected property. 5. Exclusions a. Higher Ambient Light Levels. Where existing ambient light levels from multiple sources already exceed the standards, the subject source may not increase the existing light levels, unless approved in connection with the approval of a Site Development Plan. Page 77 Figure 4 - Proximity Slope - 3:1 Slope Requirement A refers to the Residential Property Line B refers to the Residential Setback C refers to the Multi-family Residential or Commercial Setback (must at minimum equal the residential setback) D refers to the Multi-family Residential or Commercial Setback Area (may in part include parking, drive, road, alley or easement) (Ord. 6323 § 5, 06/04/14) J. Downtown Las Vegas Overlay District All structures located in Area 1 of the Downtown Las Vegas Plan Overlay District, as shown in Figure 2 of the Development Standards adopted in LVMC 19.10.110(B), are exempted from the automatic application of the building height, building setback and lot coverage provisions of this Chapter, including the Residential Adjacency Setback, provided, however, that this exemption does not prohibit the City Council from imposing a building height, setback or lot coverage requirement in connection with the approval of a Site Development Plan. (Ord. 6608 § 3, 12/06/17) Page 78 19.06.050 U Undeveloped District The U District functions as a temporary classification to be used until property is ready for development for a more intense, permanent use. This classification is intended to be used as a holding zone to prevent the premature, haphazard development of property. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 20,000 square feet 100 feet 1 B. Max. Lot Coverage Dwelling Units per Lot NA 1 C. Minimum Front Yard Setback 50 feet to public street 2 30 feet to private street or access easement 3 D. Minimum Side Yard Setback 10 feet E. Minimum Corner Side Yard Setback 15 feet F. Minimum Rear Yard Setback 35 feet Footnotes: 1. Notwithstanding the minimum lot width in this Table, lots located along the circular portion of a cul-de-sac or a knuckle portion of a street may be reduced to a minimum of 30 feet in width at the front property line, provided the average lot width meets the required lot width. 2. The minimum front setback for an attached, open porte cochere is 30 feet. 3. For lots located on a cul-de-sac or a street knuckle, the minimum front yard setback shall be 20 feet from the edge of the private street or access easement. Table 2 - ACCESSORY STRUCTURES 1 (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 15 feet C. Minimum Rear Yard Setback 5 feet D. Minimum Side Yard Setback 5 feet E. Size and Coverage Not to exceed 50% of the rear and side yard areas Footnotes: 1. In the case of a stable, corral or aviary, the structure must be placed at least 50 feet from any dwelling on an adjacent residential lot. (Ord. 6229 §2, 12/19/12) (Ord. 6652 §2, 11/07/18) Page 79 Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories or 35 feet in height, whichever is less1 Footnotes: 1. Accessory structures shall not exceed the height of the principal dwelling unit for any portion of the structure that is less than 10 feet from the property line. (Ord. 6229 §3, 12/19/12) (Ord. 6652 §2, 11/07/18) Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 15 feet - Rear 10 feet - Side 15 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F Front Yard Setback Patio Cover may not extend into the required front yard setback area for the principal dwelling unit, with the exception of an overhang not to exceed 2 feet (Ord. 6652 §2, 11/07/18) Page 80 Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts D. Front Yard Area - Turf Coverage 0% E. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single family developments with five or more lots. Table 6 - Parking (see Figure 5) F. Minimum On-site Parking Requirement 1 - Single Family Residential 2 unimpeded spaces per dwelling unit Footnotes: 1. For any use approved for this district other than Single Family Residential (Attached or Detached) the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110 . Page 81 Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 8 - Perimeter and Retaining Walls (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20 Page 82 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% Page 83 19.06.060 R-E Residence Estates District The purpose of the R-E District is to provide for low density residential units located on large lots and conveying a rural environment. This District is consistent with the policies of the Desert Rural Density Residential category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 18,000 square feet 100 feet 1 B. Max. Lot Coverage Dwelling Units per Lot NA 1 C. Minimum Front Yard Setback 50 feet to public street 2 30 feet to private street or access easement 3 D. Minimum Side Yard Setback 10 feet E. Minimum Corner Side Yard Setback 15 feet F. Minimum Rear Yard Setback 35 feet Footnotes: 1. Notwithstanding the minimum lot width in this Table, lots located along the circular portion of a cul-de-sac or a knuckle portion of a street may be reduced to a minimum of 30 feet in width at the front property line, provided the average lot width meets the required lot width. 2. The minimum front setback for an attached, open porte cochere is 30 feet. 3. For lots located on a cul-de-sac or a street knuckle, the minimum front yard setback shall be 20 feet from the edge of the private street or access easement. (Ord. 6685 §2, 05/01/19) Table 2 - ACCESSORY STRUCTURES1 (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 15 feet C. Minimum Rear Yard Setback 5 feet D. Minimum Side Yard Setback 5 feet E. Size and Coverage Not to exceed 50% of the rear and side yard areas Footnotes: 1. In the case of a stable, corral or aviary, the structure must be placed at least 50 feet from any dwelling on an adjacent residential lot. Page 84 (Ord. 6229 §4, 12/19/12) (Ord. 6652 §3, 11/07/18) Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories or 35 feet in height, whichever is less1 Footnotes: 1. Accessory structures shall not exceed the height of the principal dwelling unit for any portion of the structure that is less than 10 feet from the property line. (Ord. 6229 §5, 12/19/12) (Ord. 6652 §3, 11/07/18) Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 15 feet - Rear 10 feet - Side 15 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback Patio Cover may not extend into the required front yard setback area for the principal dwelling unit, with the exception of an overhang not to exceed 2 feet (Ord. 6652 §3, 11/07/18) Page 85 Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts D. Front Yard Area - Turf Coverage 0% E. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single family developments with five or more lots. Table 6 - Parking (see Figure 5) F. Minimum On-site Parking Requirement 1 - Single Family Residential 2 unimpeded spaces per dwelling unit Footnotes: 1. For any use approved for this district other than Single Family Residential (Attached or Detached) the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110. Page 86 Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 8 - Perimeter and Retaining Walls (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 87 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% Page 88 19.06.065 R-D Single Family Residential-Restricted District The purpose of the R-D District is to provide for the development of low density, large lot, single-family detached residential units. This District is consistent with the policies of the Rural Density Residential category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 10,000 square feet 80 feet 1 B. Max. Lot Coverage Dwelling Units per Lot NA 1 C. Minimum Front Yard Setback 25 feet D. Minimum Side Yard Setback 5 feet E. Minimum Corner Side Yard Setback 15 feet F. Minimum Rear Yard Setback 30 feet Footnotes: 1. Notwithstanding the minimum lot width in this Table, lots located along the circular portion of a cul-de-sac or a knuckle portion of a street may be reduced to a minimum of 30 feet in width at the front property line, provided the average lot width meets the required lot width. Table 2 - ACCESSORY STRUCTURES1 (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 15 feet C. Minimum Rear Yard Setback 3 feet D. Minimum Side Yard Setback 3 feet E. Size and Coverage Not to exceed 50% of the rear and side yard areas Footnotes: 1. In the case of a stable, corral or aviary, the structure must be placed at least 50 feet from any dwelling on an adjacent residential lot. Page 89 Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories or 35 feet in height, whichever is less (Ord. 6229 §5, 12/19/12) Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 5 feet - Rear 5 feet - Side 15 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback Patio Cover may not extend into the required front yard setback area for the principal dwelling unit, with the exception of an overhang not to exceed 2 feet (Ord. 6652 §4, 11/07/18) Page 90 Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts D. Front Yard Area - Turf Coverage 0% E. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single family developments with five or more lots. Table 6 - Parking (see Figure 5) F. Minimum On-site Parking Requirement 1 - Single Family Residential 2 unimpeded spaces per dwelling unit Footnotes: 1. For any use approved for this district other than Single Family Residential (Attached or Detached) the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110. Page 91 Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 8 - Perimeter and Retaining Walls (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 92 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6270 §5, 09/18/13) Page 93 19.06.070 R-1 Single Family Residential District The purpose of the R-1 District is to provide for the development of single family detached dwellings in a suburban setting. The R-1 District is consistent with the policies of the Low Density Residential category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 6,500 square feet 60 feet 1 B. Max. Lot Coverage Dwelling Units per Lot 50% 1 C. Minimum Front Yard Setback 20 feet D. Minimum Side Yard Setback 5 feet E. Minimum Corner Side Yard Setback 15 feet F. Minimum Rear Yard Setback 15 feet Footnotes: 1. Notwithstanding the minimum lot width in this Table, lots located along the circular portion of a cul-de-sac or a knuckle portion of a street may be reduced to a minimum of 30 feet in width at the front property line, provided the average lot width meets the required lot width. Table 2 - ACCESSORY STRUCTURES (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 15 feet C. Minimum Rear Yard Setback 3 feet D. Minimum Side Yard Setback 3 feet E. Size and Coverage Not to exceed 50% of the floor area of the principal dwelling unit 1, 2 Footnotes: 1. The aggregate total of the ground floor areas of all accessory buildings shall not cover more than 50 percent of the rear yard area. 2. The aggregate total of the ground floor areas of all structures and dwellings, including accessory structures, shall not exceed the percentage of lot coverage permitted. Page 94 Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories, 35 feet in height or the height of the principal dwelling unit, whichever is less (Ord. 6229 §5, 12/19/12) Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 5 feet - Rear 5 feet - Side 10 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback Patio Cover may not extend into the required front yard setback area for the principal dwelling unit, with the exception of an overhang not to exceed 2 feet (Ord. 6652 §5, 11/07/18) Page 95 Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts D. Front Yard Area - Turf Coverage 0% E. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single family developments with five or more lots. Table 6 - Parking (see Figure 5) F. Minimum On-site Parking Requirement 1 - Single Family Residential 2 unimpeded spaces per dwelling unit Footnotes: 1. For any use approved for this district other than Single Family Residential (Attached or Detached) the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110. Page 96 Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 8 - Perimeter and Retaining Walls (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 97 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6270 §5, 09/18/13) Page 98 19.06.075 R-SL Residential Small Lot District The purpose of the R-SL District is to provide for medium-sized single family residential lots to allow flexible design for infill development and for transition between zoning districts. The R-SL District is consistent with the policies of the Low Density Residential and the Medium Low Density Residential categories of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 4,500 square feet 40 feet - interior lot 1 45 feet - corner lot 1 B. Max. Lot Coverage Dwelling Units per Lot 50% 1 C. Minimum Front Yard Setback 15 feet 20 feet to garage entry 10 feet to first floor patio cover (cannot be enclosed) D. Minimum Side Yard Setback 5 feet E. Minimum Corner Side Yard Setback 15 feet F. Minimum Rear Yard Setback 15 feet Table 2 - ACCESSORY STRUCTURES (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 10 feet C. Minimum Rear Yard Setback 3 feet D. Minimum Side Yard Setback 3 feet E. Size and Coverage Not to exceed 50% of the floor area of the principal dwelling unit 1, 2 Footnotes: 1. The aggregate total of the ground floor areas of all accessory buildings shall not cover more than 50 percent of the rear yard area. 2. The aggregate total of the ground floor areas of all structures and dwellings, including accessory structures, shall not exceed the percentage of lot coverage permitted. Page 99 Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories, 35 feet in height or the height of the principal dwelling unit, whichever is less Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 10 feet - Front 5 feet - Rear 5 feet - Side 10 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback May overhang 2 feet beyond the patio cover setback to post requirement (Ord. 6652 §6, 11/07/18) Page 100 Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts D. Front Yard Area - Turf Coverage 0% E. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single family developments with five or more lots. Table 6 - Parking (see Figure 5) F. Minimum On-site Parking Requirement 1 - Single Family Residential 2 unimpeded spaces per dwelling unit Footnotes: 1. For any use approved for this district other than Single Family Residential (Attached or Detached) the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110. Page 101 Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 8 - Perimeter and Retaining Walls (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 102 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6323 § 6, 06/04/14) (Ord. 6346 § 2, 09/03/14) Page 103 19.06.080 R-CL Single Family Compact-Lot District The purpose of the R-CL District has been to provide for single family units and other customary residential uses on a smaller lot size. The density associated with the R-CL District is consistent with the policies of the Medium-Low Density Residential category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 3,000 square feet 35 feet 1 B. Max. Lot Coverage Dwelling Units per Lot 70% 1 C. Minimum Front Yard Setback 14 feet to house 18 feet to front entry garage D. Minimum Side Yard Setback 10 feet (combined) 2, 3, 4 E. Minimum Corner Side Yard Setback 10 feet F. Minimum Rear Yard Setback 10 feet Footnotes: 1. Notwithstanding the minimum lot width in this Table, lot widths shall be sufficient to provide the street frontage necessary for driveways to conform to the requirements of LVMC 13.16, 19.02.230 and any other driveway standards adopted by the City. 2. The side yard setbacks may be configured in any manner that conforms to the International Building Code and results in maintaining the total side yard setback width required on each lot. In no case, however, may lots be configured or improvements placed on lots in a manner that results in open space or yard setback area for one lot actually being located on a separately owned lot. The use of "use easements" to create such a result is specifically prohibited. 3. For corner lots, the minimum corner side yard setback is ten feet; therefore, the total combined side yard setback width must be fifteen feet. 4. All dwellings located less than ten feet from a side property line must maintain a separation of at least ten feet between principal structures (including garages) on adjacent lots. Page 104 Table 2 - Zero-lot Line Development (see Figure 2) Figure 2 - Zero-Lot Line Development A. Minimum Side Yard Setback 10 feet B. Building Setback Line C. Minimum Maintenance Easement Width 3 feet 1,2 Footnotes: 1. A perpetual easement shall be provided on the adjacent lot for the maintenance of the wall of the dwelling with the zero lot line. With the exception of walls, fences, vertical trellises or other connecting elements, the required easement shall be kept free of structures. No doors, windows, air conditioning units, utility meters, electrical panel boxes or openings of any kind shall be permitted on the wall of a dwelling or garage placed on a zero lot line. The roof must be designed to prevent waste runoff from draining on to the adjoining lot. Required easements shall be shown on the Final Map and shall be incorporated into each deed transferring title to the property. 2. In no case shall the owner of any zero lot line property be granted an easement on the adjoining property for the use or enjoyment of any portion of that property. Table 3 - ACCESSORY STRUCTURES (see Figure 3) Figure 3 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 10 feet C. Minimum Rear Yard Setback 3 feet D. Minimum Side Yard Setback 3 feet E. Size and Coverage Not to exceed 50% of the floor area of the principal dwelling unit 1, 2 Footnotes: 1. The aggregate total of the ground floor areas of all accessory buildings shall not cover more than 50 percent of the rear yard area. 2. The aggregate total of the ground floor areas of all structures and dwellings, including accessory structures, shall not exceed the percentage of lot coverage permitted. Page 105 Table 4 - BUILDING HEIGHT (see Figure 4) Figure 4 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories, 35 feet in height or the height of the principal dwelling unit, whichever is less Table 5 - Patio Cover (see Figure 5) Figure 5 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 5 feet - Rear 5 feet - Side 1 10 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback Patio Cover may not extend into the required front yard setback area for the principal dwelling unit, with the exception of an overhang not to exceed 2 feet Footnotes: 1. For lots developed with a side yard setback of less than 5 feet, a patio cover post or overhang may extend to the edge of the primary residence on the shorter setback side. However, patio covers shall not be located within any maintenance easement area required for zero-lot development. (Ord. 6652 §7, 11/07/18) Page 106 Table 6 - Landscape Buffers and Turf Limitations (see Figure 6) Figure 6 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts D. Front Yard Area - Turf Coverage 0% E. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single family developments with five or more lots. Table 7 - Parking (see Figure 6) F. Minimum On-site Parking Requirement 1 - Single Family Residential 2 unimpeded spaces per dwelling unit Footnotes: 1. For any use approved for this district other than Single Family Residential (Attached or Detached) the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110. Table 8 - Fences And Walls Figure 7 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 7) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard Page 107 slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 9 - Perimeter and Retaining Walls (see Figure 8) Figure 8 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Table 10 - Perimeter and Retaining Walls Standard Stepback (see Figure 9) Figure 9 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% Page 108 19.06.090 R-TH Single Family - Attached District The purpose of the R-TH district is to accommodate single family attached residences with designs and densities that transition between multi-family and single family uses. The R-TH district is consistent with the policies of the Medium Density Residential category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement/Accessory Structures A. Minimum Lot Size Minimum Lot Width 1,600 square feet 20 feet B. Max. Lot Coverage Dwelling Units per Lot 95% 1 C. Minimum Front Yard Setback 10 feet 1 D. Minimum Side Yard Setback NA E. Minimum Corner Side Yard Setback 10 feet F. Minimum Rear Yard Setback 5 feet Footnotes: 1. A porch, if provided, may encroach a maximum of five feet into the required setback area. Table 2 - Accessory Structures (see Figure 1) G. Separation from Main Bldg. 6 feet H. Size and Coverage Not to exceed 50% of the floor area of the principal dwelling unit 1 Footnotes: 1. The aggregate total of the ground floor areas of all structures and dwellings, including accessory structures, shall not exceed the percentage of lot coverage permitted. Page 109 Table 3 - BUILDING HEIGHT (see Figure 2) Figure 2 - Building Height A. Stories Max. Height 3 max 45 feet 1 B. Accessory Bldg. Stories Not to exceed 2 stories, 35 feet in height or the height of the principal dwelling unit, whichever is less Footnotes: 1. Height is measured to the top of the roof coping of a flat roof or to the midpoint between the eaves and ridgeline of a pitched roof. Page 110 Table 4 - Landscape Buffers and Turf Limitations(see Figure 3) Figure 3 - Landscape Buffer and Turf Limitations / Single Family (Attached) Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Parking Lot Screening Screening from adjacent roadways shall be provided 3 D. Front Yard Area - Turf Coverage 0% E. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single-family developments with five or more lots. 3. Screening maybe accomplished by use of a low wall or berm with a maximum height of thirty inches, a solid living hedge with an approximate maximum height of thirty-six inches, or some other screening method that has been approved as part of a landscape plan and provides a continuous screen. Table 5 - Parking (see Figure 3) F. Minimum On-site Parking Requirement 1 - Single Family Residential 1 unimpeded space per dwelling unit plus 1 guest parking space per 6 units 2 Footnotes: 1. For any use approved for this district other than Single-Family Attached or Townhouse the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Guest parking shall be evenly spread throughout the development. Page 111 Table 6 - Fences and Walls (see Figure 4) Figure 4 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 4) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 4). Table 7 - Perimeter and Retaining Walls (see Figure 5) Figure 5 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 112 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 6) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% Page 113 19.06.100 R-2 Medium-Low Density Residential District The purpose of the R-2 District is to establish lots primarily for medium to low density single family detached units and duplex units. The R-2 District is consistent with the policies of the Medium-Low Density and Medium-Low Attached Residential categories of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 6,500 square feet NA B. Max. Lot Coverage Dwelling Units per Lot NA 6-12 1 C. Minimum Front Yard Setback 20 feet D. Minimum Side Yard Setback 5 feet E. Minimum Corner Side Yard Setback 5 feet F. Minimum Rear Yard Setback 20 feet G. Minimum Distance Between Buildings 10 feet Footnotes: 1. Maximum dwelling units per acre (DUA) is determined by the underlying General Plan Designation and may not exceed the density permitted under said designation. Table 2 - ACCESSORY STRUCTURES (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 5 feet C. Minimum Rear Yard Setback 3 feet D. Minimum Side Yard Setback 3 feet E. Size and Coverage Not to exceed 50% of the floor area of the principal dwelling unit 1 Footnotes: 1. The aggregate total of the ground floor areas of all accessory buildings shall not cover more than 50 percent of the rear yard area. (Ord. 6229 §2, 12/19/12) Page 114 Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories, 35 feet in height or the height of the principal dwelling unit, whichever is less (Ord. 6229 §3, 12/19/12) Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 5 feet - Rear 5 feet - Side 5 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback Patio Cover may not extend into the required front yard setback area for the principal dwelling unit, with the exception of an overhang not to exceed 2 feet (Ord. 6652 §8, 11/07/18) Page 115 Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts D. Front Yard Area - Turf Coverage 0% E. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single family developments with five or more lots. Table 6 - Parking (see Figure 5) F. Minimum On-site Parking Requirement 1 - Single Family Residential 2 unimpeded spaces per dwelling unit Footnotes: 1. For any use approved for this district other than Single Family Residential (Attached or Detached) the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110. Page 116 Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 8 - Perimeter and Retaining Walls (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 117 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% Page 118 19.06.110 R-3 Medium Density Residential The purpose of the R-3 District is to provide for the development of a variety of multi-family units such as duplexes, townhouses and medium density apartments. The R-3 District is consistent with the policies of the Medium Density Residential and High Density Residential categories of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 6,500 square feet NA B. Max. Lot Coverage Dwelling Units per Lot NA 13-50 1 C. Minimum Front Yard Setback 10 feet D. Minimum Side Yard Setback 5 feet E. Minimum Corner Side Yard Setback 5 feet F. Minimum Rear Yard Setback 20 feet G. Minimum Distance Between Buildings 10 feet Footnotes: 1. Maximum dwelling units per acre (DUA) is determined by the underlying General Plan Designation and may not exceed the density permitted under said designation. Table 2 - ACCESSORY STRUCTURES (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 5 feet C. Minimum Rear Yard Setback 3 feet D. Minimum Side Yard Setback 3 feet E. Size and Coverage Not to exceed 50% of the floor area of the principal dwelling unit 1 Footnotes: 1. The aggregate total of the ground floor areas of all accessory buildings shall not cover more than 50 percent of the rear yard area. Page 119 Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories 5 max B. Flat Roof - Max. Height 55 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 55 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories, 35 feet in height or the height of the principal dwelling unit, whichever is less Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 5 feet - Rear 5 feet - Side 5 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback Patio Cover may not extend into the required front yard setback area for the principal dwelling unit, with the exception of an overhang not to exceed 2 feet (Ord. 6652 §9, 11/07/18) Page 120 Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Multi-Family Parking A. Landscape Buffer - Minimum Zone Depths 1 10 feet - Adjacent to Right- of-Way 2 6 feet - Interior Lot Lines 3 B. Primary Dwelling C. Turf Coverage 30% of landscapable area D. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. When adjacent to or across the street from an existing single-family residential use or zoning district, the buffer shall be increased to 15 feet. 3. When building setbacks are less restrictive, the setbacks shall prevail. Table 6 - Parking 1 (see Figure 5) F. Minimum On-site Parking Requirement 2 - Multi-Family Residential 3 1.25 spaces per studio or one bedroom unit 1.75 spaces per two bedroom unit 2.0 spaces per three or more bedroom unit plus one guest parking space per six units 4 Footnotes: 1. For all uses approved for this district other than Single Family Residential, parking shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. For any use approved for this district other than Multi-Family Residential the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use. 3. Handicapped parking for multi-family residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped. 4. Guest parking shall be evenly spread throughout the development. Page 121 Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 8 - Perimeter and Retaining Walls (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 122 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% Page 123 19.06.120 R-4 High Density Residential District The R-4 District is intended to allow for the development of high density multi-family units within the downtown urban core and in other high intensity areas suitable for high density residential development. The R-4 District is consistent with the policies of the High Density Residential category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 7,000 square feet NA B. Max. Lot Coverage Dwelling Units per Lot Unlimited 1, 2 C. Minimum Front Yard Setback 10 feet D. Minimum Side Yard Setback 5 feet E. Minimum Corner Side Yard Setback 5 feet F. Minimum Rear Yard Setback 20 feet 3 G. Minimum Distance Between Buildings Unlimited Footnotes: 1. The maximum density is unlimited. However, application of standards set forth in LVMC 19.06.040(I) and any height limit on development may impose a de facto limitation on density in all areas. 2. Maximum dwelling units per acre (DUA) is determined by the underlying General Plan Designation and may not exceed the density permitted under said designation. 3. Where the rear twenty feet of the lot has direct access to an alley and is used for the on-site parking, the rear yard setback area may be covered by a roof provided it is otherwise open on three sides. (Ord. 6680 §3, 04/03/19) Table 2 - ACCESSORY STRUCTURES (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 5 feet C. Minimum Rear Yard Setback 3 feet D. Minimum Side Yard Setback 3 feet E. Size and Coverage Not to exceed 50% of the floor area of the principal dwelling unit 1 Footnotes: 1. The aggregate total of the ground floor areas of all accessory buildings shall not cover more than 50 percent of the rear yard area. Page 124 Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories NA B. Floors NA C. Flat Roof - Max. Height NA1,2 D. Pitched Roof - Max. Height NA1,2 E. Accessory Bldg. - Stories Not to exceed 2 stories, 35 feet in height or the height of the principal dwelling unit, whichever is less Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.06.040(I). 2. For parcels that are outside the Neighborhood Revitalization Area, the maximum building height for mixed-use development is ten stories, or one hundred fifty feet, whichever is less. For purposes of the foregoing , the "Neighborhood Revitalization Area" means the area so designated in the Las Vegas 2020 Master Plan adopted by Ordinance No. 5250, as the boundaries of that area may be amended from time to time. (Ord. 6680 §2, 04/03/19) Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 5 feet - Rear 5 feet - Side 5 feet - Corner Side C. Patio Cover Overhang May overhang 2 feet beyond the patio cover setback to post requirement D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback Patio Cover may not extend into the required front yard setback area for the principal dwelling unit, with the exception of an overhang not to exceed 2 feet (Ord. 6652 §10, 11/07/18) Page 125 Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Multi-Family Parking A. Landscape Buffer - Minimum Zone Depths 1 10 feet - Adjacent to Right- of-Way 2 6 feet - Interior Lot Lines 3 B. Primary Dwelling C. Turf Coverage 30% of landscapable area D. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. When adjacent to or across the street from an existing single-family residential use or zoning district, the buffer shall be increased to 15 feet. 3. When building setbacks are less restrictive, the setbacks shall prevail. Table 6 - Parking (see Figure 5) F. Minimum On-site Parking Requirement 1 - Multi-Family Residential 2 1.25 spaces per studio or one bedroom unit 1.75 spaces per two bedroom unit 2.0 spaces per three or more bedroom unit plus one guest parking space per six units 3 Footnotes: 1. For any use approved for this district other than Multi-Family Residential the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking for multi-family residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped. 3. Guest parking shall be evenly spread throughout the development. Page 126 Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Table 8 - Perimeter and Retaining Walls (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 127 Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% Page 128 19.06.130 R-MH Mobile/Manufactured Home Residence District The purpose of the R-MH District is to establish subdivision lots primarily for mobile or manufactured homes. The R-MH District is consistent with the policies of the Low Density Residential category of the General Plan. Table 1 - BUILDING PLACEMENT 1 (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Size Minimum Lot Width 6,500 square feet 2 65 feet 2, 3 B. Max. Lot Coverage Dwelling Units per Lot 50% 1 C. Minimum Front Yard Setback 15 feet 4 D. Minimum Side Yard Setback 5 feet E. Minimum Corner Side Yard Setback 10 feet 4 F. Minimum Rear Yard Setback 10 feet 4 Footnotes: 1. The wheels on a mobile home may be removed and the mobile home may be permanently attached to a footing and foundation in accordance with all requirements of the Department. In a Mobile Home Park, the wheels on a mobile home may be removed and the mobile home may be temporarily attached to a footing and foundation with written agreement from the park owner/manager and in accordance with the requirements of the Department. 2. Sites within a Mobile Home Park may have a minimum lot area of 4,000 square feet and minimum lot width of 45 feet. 3. Notwithstanding the minimum lot width in this Table, lots located along the circular portion of a cul-de-sac or a knuckle portion of a street may be reduced to a minimum of 30 feet in width at the front property line, provided the average lot width meets the required lot width. 4. Sites within a Mobile Home Park may have a minimum front, corner side and rear yard setback of 5 feet. Page 129 Table 2 - ACCESSORY STRUCTURES 1 (see Figure 2) Figure 2 - Accessory Structures A. Separation from Main Bldg. 6 feet B. Minimum Corner Side Yard Setback 10 feet C. Minimum Rear Yard Setback 3 feet D. Minimum Side Yard Setback 3 feet E. Size and Coverage Not to exceed 50% of the floor area of the principal dwelling unit 2, 3 Footnotes: 1. Any building attached to a mobile home and used for living purposes shall have interior access and shall contain no kitchen facilities. No living quarters of any kind will be permitted in any accessory building and no residential use of the property shall be permitted unless the lot contains a mobile home. 2. The aggregate total of the ground floor areas of all accessory buildings shall not cover more than 50 percent of the rear yard area. 3. The aggregate total of the ground floor areas of all structures and dwellings, including accessory structures, shall not exceed the percentage of lot coverage permitted. Table 3 - BUILDING HEIGHT (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Accessory Bldg. - Stories Not to exceed 2 stories, 35 feet in height or the height of the principal dwelling unit, whichever is less Page 130 Table 4 - Patio Cover (see Figure 4) Figure 4 - Patio Cover A. Principal Dwelling Unit B. Patio Cover Setback to Post 5 feet - Rear 5 feet - Side 10 feet - Corner Side C. Patio Cover Overhang May come to within 3 feet of Rear and Side Property Lines D. Patio Cover Buildable Envelope E. Patio Cover Support Columns Must be located within the required Setbacks F. Front Yard Setback Patio Cover may not extend into Table 5 - Landscape Buffers and Turf Limitations (see Figure 5) Figure 5 - Landscape Buffer and Turf Limitations / Manufactured Home/Mobile Home Parking A. Landscape Buffer - Minimum Zone Depths 1 6 feet - Adjacent to Right- of-Way 2 0 feet - Interior Lot Lines B. Primary Dwelling C. Front Yard Area - Turf Coverage 0% D. Front Yard Setback Line Footnotes: 1. Nonresidential development shall have a minimum landscape buffer width of 15 feet adjacent to a right-of-way and eight feet along interior lot lines. 2. Only applies to single family developments with five or more lots. Table 6 - Parking Page 131 (see Figure 5) F. Minimum On-site Parking Requirement 1 - Manufactured Home or Mobile Home 2 unimpeded spaces per dwelling unit 2 Footnotes: 1. For any use approved for this district other than Manufactured Home or Mobile Home, the On-site Parking Requirements shall be as outlined in LVMC 19.12.060 for that use and shall meet, if applicable, the parking area design standards as outlined in LVMC 19.08.110. Table 7 - Fences And Walls Figure 6 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 6) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 6). Page 132 Table 8 - Perimeter and Retaining Walls 1 (see Figure 7) Figure 7 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Footnotes: 1. A Mobile Home Park shall have a decorative masonry perimeter wall six feet in height. Any wall abutting a public street shall be set back a minimum of five feet and landscaping shall be installed and permanently maintained between the wall and the public streets. Table 9 - Perimeter and Retaining Walls Standard Stepback (see Figure 8) Figure 8 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% Page 133 19.06.140 Residential Sign Standards A. Conformance and Purpose 1. Conformance Required A sign shall be erected, placed, established, relocated, painted, created, or maintained within a residential district in the City only in conformance with the standards, procedures, exemptions and other requirements of this Section. 2. Purpose The goal of this Section is to achieve a balance among: the use of signs for business advertising; the public's need for signs as aids to way-finding; traffic safety; community appearance, particularly along its major corridors; and the maintenance of the residential character of the City's neighborhoods. In furtherance of that goal, this Section has the following specific purposes: a. To improve the quality, visibility, conspicuity and appearance of signs, and the appearance of properties, thoroughfares and neighborhoods within the City in accordance with the Las Vegas 2020 Master Plan; b. To establish a set of design criteria to allow a limited variety of signs in residential districts, subject to the standards of this Section and the certification procedures of this Title; c. To allow without permit or certification certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this Section; d. To provide for temporary signs without commercial messages in limited circumstances; e. To prohibit all signs within residential districts not expressly permitted by this Section; and B. General Requirements 1. General On-premise signs may be allowed on residential property in the City in accordance with this Section. 2. Compliance with City Codes In addition to the requirements of this Section, all signs shall comply with applicable provisions of the technical codes of the City of Las Vegas. All signs shall be attached in compliance with the City Building Code. Signs allowed under this Section, either with or without a sign certificate, shall be erected or placed in accordance with applicable height, size and setback requirements and shall conform to applicable lighting standards and other standards, restrictions and conditions set forth in this Title. 3. Certificate Required Prior to the construction, placement, erection or modification of any on-premise sign requiring a certificate under the provisions of this Section, the owner(s) of the lot or the owner's authorized agent shall secure a sign certificate in accordance with the requirements of LVMC 19.16.200. No person shall install a sign that requires a certificate unless the appropriate certificate has been obtained, nor shall any person permit or cause such a sign to be installed without a certificate. 4. General Standards a. Conformance with Sign Standards. No sign shall be allowed within a residential district unless the size, characteristics and location of the sign conform to the requirements of this Section, and the number of signs on the lot does not exceed the limitations imposed by this Section. b. Signs in public right-of-way. Except as otherwise provided in LVMC 19.04.160, no sign shall be erected in the public right-of-way. c. Required mounting. Except as otherwise provided in this Section, all on-premise signs shall be permanently mounted to a building or freestanding permanently secured support structure. Portable on-premise signs shall only be permitted under LVMC 19.06.140(G). No sign shall be painted onto a wood or masonry perimeter fence. Page 134 d. Sound. No sign shall emit any sound as part of the advertising message. e. Odors. No sign shall emit any odor as part of the advertising message. f. Street addresses. On-premise freestanding or monument signs identifying a building or complex of structures, located along the street frontage to which the street address applies, shall display the address of the building or the range of addresses within the complex. Any other on-premise sign may incorporate a street address. The area of the street address text shall not be computed as part of the sign face. All street addresses displayed shall be in conformance with the most recently adopted version of the "City of Las Vegas Street Naming and Address Assignment Regulations". g. Issuance of Certificate. No sign certificate shall be issued for an existing or proposed sign in a residential district unless the sign is consistent with the requirements of this Title (including those protecting existing signs) and is consistent with any Master Sign Plan in effect for the property. 5. Construction Materials and Attachment a. All signs, other than temporary signs conforming in all respects with the requirements of LVMC 19.06.140(G), shall be constructed of durable materials. b. All signs shall be permanently attached to the ground, a building or other structure by direct attachment to a rigid wall, frame or structure, except as allowed for certain temporary signs in accordance with LVMC 19.06.140(G). 6. Licensed Contractor Required All signs that require a construction permit under applicable codes shall be installed by a qualified contractor licensed by the City of Las Vegas and the State of Nevada. 7. Maintenance a. All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Section at all times. b. All materials used in sign construction shall be maintained in such a manner as to be free from fading, peeling, chipping and other states of general deterioration. 8. Revocation A sign certificate is revocable if the sign is abandoned or allowed to become unsafe or dangerous, or is otherwise condemned. The owner(s) shall maintain the sign in safe condition at all times and shall remove the sign if abandoned. 9. Determination of Visibility or Legibility Where a determination of "visibility" or "legibility" is required, the standard shall be based on the minimum required eyesight of an adult eligible to receive a Nevada driver's license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person shall be presumed to be more than five feet and less than six feet tall. 10. Sign Certificate Application Where a sign certificate is required, an application shall be submitted in accordance with LVMC LVMC 19.16.200. C. Residential Protection Standards 1. Illuminated Signs Any illuminated sign requiring a sign certificate and located within 200 feet of property zoned or shown on the General Plan as planned for single family residential (attached or detached) use shall be subject to the following additional lighting standards: a. If the sign is located within 40 feet of the property planned or zoned for residential use and is or will be visible from such property, it may be internally illuminated or lighted with direct white light; b. If the sign is located more than 40 feet from the property planned or zoned for residential use but within 200 feet of such property and the sign is or will be visible from such property, it may be interior-lit or lighted with Page 135 direct white light, but it shall not contain bare bulbs, exposed neon tube, animation or a electronic message unit; and c. Direct lighting fixtures for such signs shall be aimed up and/or away from the property planned or zoned for residential use. 2. Electronic Message Unit, Animated and Flashing Signs Electronic message units, animated signs and flashing signs are prohibited within 200 feet of property planned or zoned for residential use unless the design of the sign or its location and orientation ensure that the electronic message unit, animated or flashing portion of the sign, or any other light from the sign will not be visible from the property planned or zoned for residential use. D. Certain Illegal and Abandoned Signs 1. Action Required a. Abandoned sign faces or sign copy shall be removed from public view by covering the sign face, replacing the sign face with a blank sign face, or replacing the sign copy with sign copy that relates to an on-going business, product, service, idea or commercial activity on-site. b. Abandoned sign structures and illegal signs shall be removed by the owner(s) of the property, the owner's agent, or the person having the beneficial use of the building, structure or land where such sign is located within 10 days, in the case of illegal signs, and 30 days, in the case of abandoned sign structures, after written notification from the City. c. Failure to comply with a notice from the City demanding the removal of an abandoned sign or an illegal sign within the time period specified in the notice shall be considered a violation of this Subchapter. See also LVMC 19.16.200(E). E. Exempt and Prohibited Signs 1. Substitution of Non-Commercial Messages Any sign authorized in this Section may contain non-commercial copy in lieu of any other copy. 2. Exempt Signs The following signs shall be exempt from regulation under this Section: a. Any public safety sign, notice or warning required by a valid and applicable federal, state, or local law, regulation or ordinance; b. Non-commercial messages unless otherwise regulated by this Section; c. Any sign inside a building that is not legible from a distance of more than three feet beyond the nearest boundary line of the premises on which the sign is located; d. Works of art or decorative architectural graphics that do not include a commercial message and are not symbolic of any commercial business and are not symbolic of commercial activities taking place on the premises on which the graphic is located; e. Official notices of any court, public body or officer, or any other sign required by law; f. Notices posted by a utility or other quasi-public agent in the performance of a public duty or by any person giving due legal notice; or g. Signs not visible from the public right-of-way. 3. Prohibited Signs The following signs are prohibited: a. All signs not expressly permitted or exempted under this Section; b. Any on-premise sign that is associated with a use that no longer occupies the premises on which it is located; c. Pole signs placed or erected after August 1, 2002 that do not meet the freestanding sign design standards contained in this Section; Page 136 d. A private sign of any kind located on or over any public street, walkway, parking or other public property except as otherwise provided for in this Section; e. Displays that employ white, red or blue rotating lights or any lights that simulate emergency vehicle lights; f. Except as lawfully permitted as a temporary special event or civic event sign, beacons, pennants, inflatable signs, tethered balloons, portable signs and similar attention gaining devices; g. Signs placed on parked vehicles or trailers, or parked commercial vehicles where the vehicle or trailer is not used by the business advertised for the transportation of persons or goods in the ordinary course of business; h. Permanent balloon signs; and i. Outdoor, portable electric signs, except as permitted under the provisions for temporary signs. Figure 1 - Decorations F. Signs Permitted in Residential Districts. The following signs and similar devices are permitted in residential districts as indicated, subject to the specified conditions: 1. Decorations (see Figure 1) Signs in the nature of decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday are permitted without a sign certificate within all residential districts; provided that such signs are not displayed for a period of not more than sixty (60) consecutive days nor more than sixty (60) days in any one (1) calendar year. Such signs are not restricted as to type, number, area, height, location, illumination, or animation. Figure 2 - Traffic Control Signs on Private Property 2. Traffic Control Signs on Private Property (see Figure 2) Any traffic control sign on private property, such as "Stop," "Yield" and similar signs, the face of which meets Department of Public Works standards and which contains no commercial message of any sort is permitted without a sign certificate within all residential districts. 3. Official Flags of Governments and Governmental Agencies (see Figure 3) Flags of the United States, state flags, municipal flags, flags of foreign nations and any other flag representing a government or governmental agency are permitted without a sign certificate within all residential districts, provided that: Page 137 Figure 3 - Official Flags a. No more than four flags are permitted on the same parcel of land. b. No more than one flag for any one governmental unit or nation is permitted on each parcel of land; and c. The flag is not flown from a pole the top of which is more than 40 feet in height (see "A" in Figure 2) ; 4. Official Flags of Private Entities (see Figure 3) Official flags of private corporations or other private entities are permitted at the location of the main headquarters, corporate offices or branch office of the subject entity provided that: a. No more than one flag is permitted on each parcel of land. b. The flags are not flown from a pole the top of which is more than 40 feet in height; and c. The flags do not exceed 60 square feet in area (see "B" in Figure 3); Page 138 Figure 4 - Garage or Yard Sale Signs 19.06.140(F)(5) Table 1. Garage or Yard Sale Sign Standards in Residential Districts (see Figure 4) Standard U, R-E, R-D, R-1, R-SL, R-CL , R-TH, R-2 R-3, R-4 and R-MH Maximum Number 1 sign per event Maximum Area (see A in Figure 4) 16 square feet Maximum Height (see B in Figure 4) 6 feet Location (see C in Figure 4) No such sign shall be placed on private property without the permission of the property owner(s), and no such sign shall be placed on any public land, including rights-of-way, traffic medians, public sidewalks, public trails, bicycle paths on City property, in City rights-of-way, or on fixed structures such as light poles or traffic signals Additional Standards 1. No such sign may be used more than 24 hours prior to the start of the garage or yard sale event. 2. The property owner(s) shall be responsible for removal of the signs at the end of the garage or yard sale event. Illumination Permitted No Certificate Required No Page 139 Figure 5 - Incidental Signs (Attached and Freestanding) 19.06.140(F)(6) Table 2. Incidental Sign Standards (Attached or Freestanding) in Residential Districts (see Figure 5) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Non-directional Signs Typical incidental signs include, but are not limited to, "restroom," "telephone," "no parking," "entrance," "exit," and generic directions such as "office," "ATM," or "stores." Maximum Number No specific limit Maximum Area 1. 4 square feet if set back less than 30 feet from the public right-of-way 2. 9 square feet if set back 30 or more feet from the public right-of-way Maximum Height 5 feet Minimum Setback 5 feet from all property lines Additional Standards Non-directional signs shall not carry any commercial message whatsoever Illumination Permitted No Certificate Required No Directional Signs Signs specifically designed to give parking or traffic directions and other directional information commonly associated with and related to the permitted use Maximum Number 2 per driveway or vehicular access except that any such sign not legible from the public right-of-way shall not be counted in this limitation Maximum Area 12 square feet. If the sign includes a business name or logo, it shall not comprise more than 50% of the permitted sign area Maximum Height 7 feet Minimum Setback 5 feet from all property lines Illumination Permitted Internal illumination only Certificate Required No Page 140 Figure 6 - Open House Signs 19.06.140(F)(7) Table 3. Open House Sign Standards in Residential Districts (see Figure 6) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Open House Signs An "open house" realty sign is intended to serve only the short-term customer directing potential homebuyers to an open house of a dwelling unit "For Sale". Such signs are not permanent directional signs. Maximum Number 6 per event Maximum Area (see A in Figure 6) 9 square feet per sign Maximum Height (see B in Figure 6) 6 feet Sign Placement (see C in Figure 6) 1. Open house signs shall only be placed on private property and shall not be placed on any public land, including rights-of-way, traffic medians, public sidewalks, public trails, bicycle paths on City property, in City right-of-way between the sidewalk and the curb, on signs in the right-of-way, or on fixed structures such as light poles or traffic signals 2. No such sign shall block or overhang any sidewalk or other established pedestrian walkway. 3. In order to place "Open House" signs on the private property, other than the property that is the subject of the open house event, authorization from the property owner(s) or the owner's duly authorized agent is required. Additional Standards 1. All open house signs shall state "Open House". 2. Such signs shall not be used for the sale of any residence for which there are current signs (either weekend or continuous) unless the residence is a re-sale and is for sale by owner(s) or listed by an agent other than the marketing agent for the development. 3. All such signs shall contain the listing agent's name and telephone number. A business card is permissible as long as it is protected from the elements. 4. No such signs may be displayed more than one hour prior to nor more than one Page 141 Table 3. Open House Sign Standards in Residential Districts (see Figure 6) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH hour after the period a real estate licensee or broker is on duty at the home for sale; and 5. The property owner(s) shall be responsible for removal of the signs at the end of the open house event. Illumination Permitted No Certificate Required No Page 142 Figure 7 - Project Flags 19.06.140(F)(8) Table 4. Project Flag Standards in Residential Districts (see Figure 7) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Project Flag Signs Project flags are decorative flags intended to identify a specific development containing a residential use. These flags do not contain any advertising copy other than the name or the logo of the development. Maximum Number 25 flags per development that is 10 acres in area or less, plus one additional flag for each additional one-half acre in area Maximum Area (see A in Figure 7) 24 square feet per flag Maximum Height (see B in Figure 7) 24 feet Location (see C in Figure 7) 5 feet to all property lines Illumination Permitted No Certificate Required No Page 143 Figure 8 - House of Worship Directional Signs 19.06.140(F)(9) Table 5. House of Worship Directional Sign Standards in Residential Districts (see Figure 8) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH House of Worship Directional Signs House of Worship directional signs are intended to assist the public in finding their way to houses of worship or religious services held in nontraditional locations or facilities. Such signs are not permanent directional signs and may only be used during the periods stated in this Subsection. Maximum Number 6 signs Maximum Area (see A in Figure 8) 9 square feet per sign Maximum Height (see B in Figure 8) 6 feet Sign Placement (see C in Figure 8) 1. Such signs shall only be placed on private property and shall not be placed on any rights-of-way, traffic medians, public sidewalks, public trails, bicycle paths, on signs in the right-of-way, or on fixed structures such as light poles or traffic signals. 2. No such sign shall block or overhang any sidewalk or other established pedestrian walkway. 3. In order to place such signs on private property other than the property containing the house of worship or the premises of the religious services, written authorization from the property owner(s) or the owner's duly authorized agent is required. Additional Standards 1. All such signs shall contain the name of the house of worship and its address; 2. All such signs shall contain the name and telephone number of the official of the house of worship responsible for the signs. A business card is permissible as long as it is protected from the elements; 3. The house of worship shall be responsible for removal of the signs at the end of the display period; and 4. No such sign shall be installed before 6 PM on Friday, and all such signs shall be removed by 6 AM on Monday (Tuesday when City offices are closed on Monday Page 144 Table 5. House of Worship Directional Sign Standards in Residential Districts (see Figure 8) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH due to a holiday). Illumination Permitted No Certificate Required No Figure 9 - Community Interior Directional Signs 19.06.140(F)(10) Table 6. Community Interior Directional Sign Standards in Residential Districts (see Figure 9) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Maximum Number There is no specific limit on the number of signs Sign Location (see A in Figure 9) 1. On private property or within public right-of-way, including median, subject to approval of an encroachment agreement; and 2. Placement subject to approval of the City of Las Vegas Traffic Engineer. Illumination Permitted Direct white light or internal illumination only Certificate Required Yes Page 145 Figure 10 - Development Entry Statement Signs 19.06.140(F)(11) Table 7. Development Entry Statement Sign Standards in Residential Districts (see Figure 10) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Maximum Number 2 signs at each entry to a subdivision, apartment complex, or identifiable community. The developer may place one sign on each side of the entry street/drive or one sign in the median, subject to approval of an encroachment agreement if applicable Sign Location (see A in Figure 10) Setback 5 feet from the property line or a location approved by the City of Las Vegas Traffic Engineer. Illumination Permitted Direct white light or internal illumination only Certificate Required Yes Page 146 Figure 11 - Building Markers 19.06.140(F)(12) Table 8. Building Marker Standards in Residential Districts (see Figure 11) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Maximum Number There is no specific limit on the number of signs Maximum Area (see A in Figure 11) 4 square feet per sign Maximum Height NA Minimum Setback NA Illumination Permitted No Certificate Required No Page 147 Figure 12 - Directory Signs 19.06.140(F)(13) Table 9. Directory Sign Standards in Residential Districts (see Figure 12) Standard U, R-E, R-D and R-1 R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Maximum Number 1. 1 freestanding sign per building or per driveway, whichever is greater and 2. 1 attached sign per public entrance 1. 1 freestanding sign per building or per driveway, whichever is greater and 2. 1 attached sign per public entrance Maximum Area (see A and B in Figure 12) 1. 24 square feet for freestanding 2. 12 square feet or 5% of the building elevation to which it is attached, whichever is less 1. 24 square feet for freestanding 2. 12 square feet or 5% of the building elevation to which it is attached, whichever is less Maximum Height (see C in Figure 12) 8 feet if freestanding 8 feet if freestanding Minimum Setback (see D in Figure 12) 25 feet from all property lines, if freestanding 25 feet from all property lines, if freestanding Additional Standards 1. Permitted only if the development utilizes private streets 2. Only the word "Directory" should be legible from the public right-of-way; the directory sign(s) should be located so that the user can pull out of off-site traffic to read the details of the directory. 3. Directory signs are permitted in addition to any other allowed attached or freestanding signs. 1. Only the word "Directory" should be legible from the public right-of-way; the directory sign(s) should be located so that the user can pull out of off-site traffic to read the details of the directory. 2. Directory signs are permitted in addition to any other allowed attached or freestanding signs. Illumination Permitted Direct white light or internal illumination only Direct white light or internal illumination only Certificate Required No No Page 148 Figure 13 - Institutional Signs (Attached) 19.06.140(F)(14) Table 10. Attached Institutional Sign Standards in Residential Districts (see Figure 13) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Maximum Number 1 sign per building elevation that faces directly onto a street frontage or on-site parking area Maximum Area (see A in Figure 13) 10% of the building elevation to which it is attached Maximum Height NA Minimum Setback NA Illumination Permitted Direct white light or internal illumination only Certificate Required Yes Page 149 Figure 14 - Institutional Signs (Freestanding) 19.06.140(F)(15) Table 11. Freestanding Institutional Sign Standards in Residential Districts (see Figure 14) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH, R-2, R-3, R-4 and R-MH Maximum Number 1 sign per street frontage on the site of any house of worship, school, or other institution that is a permitted use in the subject zoning district Maximum Area (see A in Figure 14) 50 square feet Maximum Height (see B in Figure 14) 8 feet Minimum Setback (see C in Figure 14) 5 feet from all property lines Illumination Permitted Direct white light or internal illumination only Certificate Required Yes Page 150 Figure 15 - Freestanding Signs 19.06.140(F)(16) Table 12. Freestanding Sign Standards in Residential Districts (see Figure 15) Standard R-3, R-4 and R-MH Maximum Number 1 sign per development; however, developments that have street frontage on two or more streets that are 80 feet or more in width may have 1 sign on each such street frontage Maximum Area (see A in Figure 15) 48 square feet Maximum Height (see B in Figure 15) 12 feet Minimum Setback (see C in Figure 15) 5 feet from all property lines Additional Standards 1. All freestanding and monument signs on the same lot or in the same development shall maintain a minimum separation of 100 feet measured along the street frontage. 2. See also Residential Protection Standards in LVMC 19.06.140 (C). 3. See also Design Standards for Freestanding Signs in LVMC 19.06.140(H). Illumination Permitted Internal and external illumination. In addition, signs over 200 feet from property which is designated in the General Plan for future residential development may be animated or contain an electronic message unit Certificate Required Yes Page 151 Figure 16 - Wall Signs 19.06.140(F)(17) Table 13. Wall Sign Standards in Residential Districts (see Figure 16) Standard U, R-E, R-D, R-1, R-SL, R-CL, R-TH and R-2 R-3, R-4 and R-MH Maximum Number 1 sign 1 sign per street front Maximum Area 2 square feet 50 square feet Maximum Height 12 inches above the top of the wall, marquee or parapet to which it is attached 12 inches above the top of the wall, marquee or parapet to which it is attached Minimum Setback NA NA Maximum Projection A wall sign shall not project more than 24 inches from the building elevation, there shall be no additional message on the additional horizontal surface created by the projection. A wall sign shall not project more than 24 inches from the structure to which it is attached. There shall be no additional message on the additional horizontal surface created by the projection. Additional Standards 1. Sign shall be an integral part of or be supported by the wall or wall element (such as awning or marquee) to which they are attached. 2. See also Residential Protection Standards in LVMC 19.06.140 (C). 1. Sign shall be an integral part of or be supported by the wall or wall element (such as awning or marquee) to which they are attached. 2. See also Residential Protection Standards in LVMC 19.06.140 (C). Illumination Permitted Direct white light or internal illumination only Internal and external illumination of wall signs is permitted except on a building elevation facing and located within 200 feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use Certificate Required Yes Yes Page 152 Figure 17 - Monument Sign 19.06.140(F)(18) Table 14. Monument Sign Standards in Residential Districts (see Figure 17) Standard R-3, R-4 and R-MH Maximum Number 1 sign per street frontage Maximum Area 60 square feet Maximum Height 8 feet Minimum Setback 5 feet from all property lines Additional Standards 1. All freestanding and monument signs on the same lot or in the same development shall maintain a minimum separation of 100 feet measured along the street frontage. 2. See also Residential Protection Standards in LVMC 19.06.140 (C). Illumination Permitted Direct white light or internal illumination only Certificate Required Yes (Ord. 6270 §6, 09/18/13) (Ord. 6323 §7, 06/04/14) G. Temporary Signs. Temporary signs are not constructed or intended for long term use. A limited number of temporary signs are permitted in residential districts as follows: Page 153 19.06.140(G) Figure 18 - Political Signs 1. Political Signs (see Figure 18) a. Maximum area. 16 square feet per sign; not to exceed a maximum total area of 80 square feet for all such signs located on a lot containing a residential use. For all other uses, the maximum total area shall not exceed 128 square feet. b. Additional standards. I. Political signs shall be placed only on private property. II. Political signs shall be designed and located in such a manner so that such signs do not interfere with or will be confused with a traffic control signal or sign, or obstruct the vision of traffic. III. Political signs shall not be placed on any public property or right-of-way or posted on any utility pole or device. c. Certificate required. All political signs in excess of 32 square feet require a sign certificate. Other political signs do not require a sign certificate. d. Illumination permitted. Separate illumination of political signs in residential districts is not permitted. e. Removal. All political signs that relate to an election shall be removed within 15 days after the election to which they pertain. Signs supporting a candidate who loses a primary election or wins a nonpartisan race in a primary election with more than 50 percent of the vote shall be removed within 15 days after the primary election. I. The person or persons who are responsible for the erection, placement or distribution of any political sign, including the person whose candidacy the sign supports, are jointly and severally responsible for the removal of the political sign and the cost thereof. II. If any sign is not removed within the time period set forth above, the City may, upon 5 days written notice to a candidate or other person responsible, remove and dispose of any such sign. The City shall certify the removal and may charge the candidate or other person responsible for the City's cost for the removal. Removal charges shall be paid within 30 days after receipt of a statement of charges. 19.06.140 (G) Figure 19 - Subdivision Development Sale Signs 2. Subdivision Development Sale Signs (see Figure 19) a. Maximum number. One subdivision development sale sign per residential subdivision per street frontage, with a maximum of two signs per subdivision. b. Maximum area. 300 square feet per sign. c. Maximum height. 22 feet, or 12 feet above the nearest property line wall. d. Minimum setbacks and separations. I. 10 feet from any public right-of-way. II. 50 feet from any other on-premise, off- premise or subdivision development sale sign. e. Additional standards. The sign shall be a freestanding sign that is firmly secured in Page 154 the ground, as approved by the Building Official. f. Illumination permitted. Direct white light or internal illumination only. g. Certificate required. Yes. The certificate application shall be accompanied by: I. A site plan that clearly depicts the location of the proposed sign; description, drawing or picture of the proposed sign and description of the means by which it will be secured; and II. Written authorization for the placement of the sign from the owner(s) of the property or from the owner's duly authorized agent on which the sign is to be located. h. Duration of Certificate. The certificate shall be valid for 24 months or until the last unit or lot is sold, whichever occurs first. At that time, the sign shall be removed unless a new certificate has been obtained. The property owner(s) and certificate holder shall each be responsible for maintenance and removal of the sign. 19.06.140 (G) Figure 20 - Subdivision Development Continuous Directional Signs 3. Subdivision Development Continuous Directional Signs (see Figure 20) Subdivision development directional signs are not considered "on-premise" signs or "off- premise" signs and are subject to the following: a. Maximum number. Eight signs per residential subdivision. I. A sign structure advertising two or more different subdivisions may count all the signs on that structure towards the eight sign limit for only one of the subdivisions advertised on such structure, if the owner(s) or lessee(s) of the sign files a plan depicting the location and use and details of how all such signs are allocated. b. Maximum area. I. Two of the eight permitted signs may be up to 128 square feet in area. II. Two of the eight permitted signs may be up to 96 square feet in area. III. The remaining four of the eight permitted signs shall not exceed 40 square feet in area. IV. An embellishment of up to 20 percent of each sign area may be added to the sign. c. Maximum height. 14 feet, except that any authorized sign that exceeds 40 square feet in size may be up to of 22 feet in height. d. Minimum setbacks and separations. I. 10 feet from any public right-of-way. II. 100 feet from any other sign or on-premise or off-premise sign. III. 660 feet from the nearest travel lane of Summerlin Parkway from Station 499 + 78 to Station 601 + 30. e. Additional standards. I. These signs are allowed only on vacant developable lots; II. For any sign that is proposed within 660 feet of any highway classified by the State of Nevada as part of the interstate and primary highway system, a State of Nevada sign permit is required; Page 155 III. Such signs shall not be located more than four miles from the subdivision to which it is providing direction; and IV. Each sign shall be a freestanding sign that is firmly secured in the ground, as approved by the City of Las Vegas Building Official. f. Illumination permitted. No. g. Certificate required. Yes. The certificate application shall be accompanied by: I. A site plan that shows where the sign will be placed on property; and II. A master location plan that indicates where all other subdivision development directional signs (not including weekend directional signs) for the subdivision will be placed. h. Duration of certificate. The sign certificate shall be valid for 24 months or until the last unit or lot is sold, whichever occurs first. At that time, the sign shall be removed unless a new certificate has been obtained. The property owner(s) and the certificate holder shall each be responsible for maintenance and removal of the sign. i. Landowner(s) consent. Any person placing a directional sign shall obtain the permission of the owner(s) of the property on which the sign is placed. Nothing in this ordinance shall be construed to authorize the placement of any sign without the permission of the landowner(s). 19.06.140(G) Figure 21 - Subdivision Development Weekend Directional Signs 4. Subdivision Development Weekend Directional Signs (see Figure 21) Weekend directional signs shall be used to direct traffic to residential projects only and shall not be employed for nonresidential purposes of any kind. a. Maximum number. 70 weekend directional signs per residential subdivision. b. Maximum area. Four square feet per sign. c. Maximum height. I. Four feet above nearest street curb. II. 32 inches above nearest street curb when within 50 feet of any street intersection or driveway opening. Where no curb exists, height shall be measured from edge of adjacent public right-of-way. d. Sign placement. I. Maximum placement distance of any weekend directional sign from its respective residential subdivision project shall be four miles as measured along a radial line whose axis is located at any point on the subject property. II. Minimum spacing between signs relating to the same project is 300 feet, provided however, two signs may be placed within 10 feet of each other at locations where the path of travel turns direction. III. Signs shall be placed at least 25 feet from any street intersection or driveway and not block or overhang any sidewalk or other established pedestrian way. e. Additional standards. I. Changes in copy and graphics may be made without re-issuance of certificates; if, the name of the subdivision changes, the developer shall apply for a new certificate. Page 156 II. Signs may only be installed after 6 PM on Friday or on the day before any Federal, State, or City holiday that may occur throughout the week, and all signs shall be removed by 6 AM on Monday or by the same time on the day after such holiday. III. Signs shall be made of plastic, or some other weather resistant material approved by the Director, and shall be attached to a single metal stake. Signs mounted on wooden stakes are prohibited. f. Illumination permitted. No. g. Master sign plan required. Weekend directional signs shall not be installed unless such signs are approved as a part of a master weekend directional sign plan. A certificate application and sign map shall be presented for each development for which weekend directional signs are to be employed. The application and map shall be in a form and include exhibits as specified by the Department. The map shall indicate the approximate location on each street of each sign to be installed and shall include a statement that at the time of installation no sign is to be installed in violation of the spacing requirements of this Subchapter or to cause any already-in-place weekend directional sign to be in violation of the spacing requirements. The certificate application shall state the name and mailing address of the party to be notified in the event of any violations of this Section. A master weekend directional sign certificate may be issued to cover all weekend directional signs that have been approved as part of a master weekend directional sign plan. h. Insurance required. Applicants for weekend directional sign certificates shall provide proof of and maintain comprehensive liability insurance in the minimum amount of $4,000,000 per occurrence in a form acceptable to the Director. If any sign is placed in any unimproved public right-of-way, the certificate holder shall assume full responsibility for any damages or injuries to persons or property resulting either wholly or in part from the placement of the sign and shall agree to defend and indemnify the City and hold the City harmless from all liability for damages or injuries. i. Landowner(s) consent. Any person placing a directional sign shall obtain the permission of the owner(s) of the property on which the sign is placed. Nothing in this Title shall be construed to authorize the placement of any sign without the permission of the landowner(s). j. Violations. Weekend directional signs that are without proper certification; that are placed within 25 feet of a street intersection or driveway; that block or overhang sidewalks and other public pedestrian walkways; or that are left remaining after the time limitations set forth in this Section may be impounded immediately. Violations and the recovery of signs are subject to the charges and remedies provided in Table 15 below. Table 15 - Penalties Violation Penalty 1st $10 per sign if without proper certification. Fee shall be waived if owner(s) obtains proper sign certificate. If properly certified, warning only. 2nd $10 per sign. 3rd $15 per sign and misdemeanor citation. 4th Revocation of weekend directional sign certificate. Page 157 19.06.140(G) Figure 22 - Real Estate Signs Advertising Residential Property 5. Real Estate Signs Advertising Residential Property (see Figure 22) a. Maximum number. One per street frontage. b. Maximum area. I. Six square feet for single and two family dwellings. II. 32 square feet for all other allowed uses. Real estate signs exceeding 32 square feet, up to a maximum of 64 square feet may be approved by the Director by means of a temporary sign certificate. c. Maximum height. Six feet for single and two family dwellings, 18 feet for all other allowed uses. d. Minimum setback. Five feet from all property lines. e. Certificate required. No. H. Design Standards for Freestanding Signs. The purpose and intent of these criteria are to: improve the appearance of the vertical elements and supporting structures of freestanding signs, provide for the use of materials, textures and finishes that complement the architecture of the principle buildings on the same site as the freestanding sign, and to provide for the utilization of architectural features and elements that complement the architectural context of the site on which the freestanding sign is located. In order to further the purpose of this Section, the vertical elements and supporting structures of freestanding signs shall: 1. Be constructed of materials that are similar or complementary to the materials utilized on the facade of the principal building on the same site; 2. Utilize architectural features and elements that are similar or complementary to the architecture of the principal building on the same site; 3. Utilize colors, finishing or textures that are similar or complementary to the architecture of the principal building on the same site; and 4. Consist of either two or more supports or of one continuous support which maintains the appearance of ground contact for at least three feet or 20 percent of the width of the sign, whichever is smaller. Page 158 19.08 COMMERCIAL AND INDUSTRIAL DISTRICTS - PURPOSE AND DEVELOPMENT AND DESIGN STANDARDS Contents: 19.08.010 Applicability 19.08.020 Intent of Commercial and Industrial Development Standards 19.08.030 General 19.08.040 Development Standards 19.08.050 P-O (Professional Office) 19.08.060 O (Office) 19.08.065 C-D (Design Commercial) 19.08.070 C-1 (Limited Commercial) 19.08.080 C-2 (General Commercial) 19.08.085 C-PB (Planned Business Park) 19.08.090 C-M (Commercial / Industrial) 19.08.100 M (Industrial) 19.08.110 Commercial and Industrial Parking Design Standards 19.08.120 Commercial and Industrial District Sign Standards Page 159 19.08.010 Applicability This Chapter applies to all commercial and industrial development within the City of Las Vegas and to all commercial and industrial zoning districts. Except as otherwise provided in this Chapter, the standards set forth herein, are minimum requirements. Any request to deviate from these standards shall require the submittal of an application for an Administrative Deviation, if appropriate, or Variance, which shall be subject to the procedures and standards set forth in LVMC 19.16.120 and 19.16.140, respectively. 19.08.020 Intent of Commercial and Industrial Development Standards A. The intent of establishing standards for commercial and industrial development is: B. To promote commercial development which enhances the quality of life for City residents; C. To encourage sensitive design and planning of commercial and industrial development which enhances compatibility between the built environment and the natural environment and will not negatively impact the use and enjoyment of adjacent and neighboring properties; D. To promote improved design and enhanced site planning of commercial and industrial development that will contribute to the overall attractiveness of the City; E. To increase design compatibility between abutting properties and land uses; F. To promote design and site planning which furthers the goals of the City's General Plan and advances the vision of the City; G. To reinforce a sense of community and to preserve the integrity of neighborhoods and places of business; and H. To reduce unsightly views. I. To provide for landscaping and buffering that: 1. Conserves Water and reduces erosion; 2. Reduces heat and glare generated by development; and 3. Aids in filtering dust and particulate matter from the air. 19.08.030 General A. Access All lots or parcels shall have frontage upon a public street; provided however, that lots within a recorded Subdivision or Parcel Map may provide access to a public street by way of a commonly owned private street or a private access easement. All private access streets must be fully improved in accordance with the Traffic Circulation Improvements Standards contained in the Design Standards Manual. B. Grading 1. Grading Plan Approval - When Required. When the natural grade of a lot is proposed to be raised more than two feet at any point from existing grade, three copies of a finished lot grading plan and legal description of the property shall be filed with the Department of Public Works. The plan shall include proposed and existing grades, building locations, and building height information for the development site and for the adjacent properties, and any justification for the proposal. The Director of Public Works or designee may withhold or deny development approval unless the applicant demonstrates to the satisfaction of the Director of Public Works or designee that the proposal is necessary in order to develop the site in a manner which conforms to applicable drainage and other development standards. The timing of site grading is subject to the provisions of Paragraph (3) below. 2. Grading Plan - Appeal of Denial. The applicant may appeal to the City Council any final decision rendered pursuant to Paragraph (1) of this Subsection. In connection with the appeal, the City may require notification of Page 160 surrounding property owners. The City may charge a fee for the appeal and for any required notification in accordance with the Fee Schedule. 3. Early Grading Consideration. To the extent provided for in this Paragraph (3), the Director of Public Works or designee may authorize the issuance of a grading permit prior to final approval of Civil Improvement Plans for the site (hereafter "early grading") if the application for such permit demonstrates to the satisfaction of the Director of Public Works or designee that early grading is necessary in order to relieve a particular and exceptional practical difficulty or exceptional and undue hardship that is not created by the property owner or developer. In addition, the issuance of a grading permit for early grading is subject to the following limitations and conditions: a. The real property that is the subject of the grading permit must not be located within the HS-O (Hillside Development Overlay) District. b. The real property must have received: i. Tentative Map approval and Final Map Technical Review approval for developments requiring a subdivision map; and ii. Site Development Plan Review approval, if required by this Title. c. The developer must have submitted to the City Engineer or designee a justification letter that delineates the reasons for requesting early grading and the specific circumstances the City should consider in evaluating the request for early grading. d. The Drainage Study for the site must have been approved. e. The Traffic Impact Study for the site must have been approved. f. The Bond Estimate for the site must have been approved, and bonds must have been posted. g. The design engineer must have addressed all initial plan check comments and must have resubmitted the plans to the City. h. All easements and development-related agreement documents must have been prepared and submitted to the City. i. The property owner must have executed a waiver and consent, in a form prepared or approved by the City Attorney, in which the property owner acknowledges and agrees: i. That the site has not received final approval of Civil Improvement Plans, and that in absence of such approval, the property owner is proceeding at his or her own risk in excavating the real property that is the subject of the grading permit; ii. The the location and design of private and public improvements on the site may be subject to change as a condition of final approval of Civil Improvement Plans; iii. That the grading permit issued pursuant to this Paragraph (3) does not create any vested rights; and iv. That the City Council, in the exercise of its legislative authority, is free to amend or enact legislation which may have an adverse effect on the property owner's ability to obtain final approval of Civil Improvement Plans from the City or which may increase the costs of the project, or both. j. The City must have approved any and all deviations from City Standards that have been proposed in connection with the development. k. The developer must have demonstrated compliance with the requirements of NAC 278.290 through 278.530. (Ord. 6278 § 3, 10/02/13) C. Compliance with Regulations 1. No building, structure or land shall be erected, reconstructed, structurally altered or used for a purpose other than a use allowed in the zoning district in which the building, structure or land use is located. Page 161 2. No building, structure or land shall be used to produce greater heights, smaller yards or less unoccupied area than prescribed by the regulations applicable to the zoning district in which the building, structure or land use is located. 3. No lot area shall be so reduced that the size, width, setbacks, yards, required open space or total lot area is less than prescribed by this Title. 4. No yard, open space or off-street parking or loading space, required in conjunction with a building or land use, shall be included as part of a yard, open space or parking or loading space required for any other building or land use, unless otherwise provided in this Title. Page 162 19.08.040 Development Standards A. Tables Except as otherwise noted, the minimum lot size, minimum lot width, minimum building setbacks, maximum lot coverage, minimum building separation and maximum building height for uses in each district shall be governed by the dimensional standards in the tables listed for each district. Explanatory notes for provisions in the tables follow the tables as needed. B. Building Placement In addition to the dimensional standards and requirements listed for building placement in the tables provided for each district, development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Architectural Character and Materials. The purpose of these guidelines is not to dictate a particular architectural style for commercial and industrial development in the City, but to provide a set of guidelines and standards by which commercial and industrial development can be compatible with its surroundings and help to further the overall vision of development which has been established by the City. Building designs that incorporate a base tying the building into the ground, a midsection, and a top that terminates the building, are strongly encouraged. 2. Bulk and Scale a. Box-like or single, monolithic forms must be relieved by variations in massing or articulation of facades. The perceived height and bulk of buildings shall be reduced by dividing the building mass into smaller scale components in order to relate to human scale. Buildings shall incorporate jogs, offsets or other architectural features to reduce the visual length of long walls. Variation of roof lines is required to reduce the apparent size of commercial buildings and provide visual interest. Building surfaces over twenty feet high or fifty feet in length shall be relieved with a change of wall plane or by other means that provide strong shadow and visual interest. b. Buildings should be compatible with the scale of development allowed by the applicable land uses for the surrounding area as established at the time of application, and should be sited and designed to provide a sensitive transition to nearby, less intensive areas. c. Projects on the edges of zoning districts should be developed in a manner that minimizes the adverse impacts resulting from incongruous height, bulk and scale of large buildings. Alternatives to mitigate such impacts include, but are not limited to, siting and design, additional building setbacks or stepping back of upper floors, and the actual physical reduction of the height, bulk and scale of a project. 3. Exterior Materials and Finishes a. Concrete or clay tile and architectural metal should be used on all sloped roofs. Standard three-tab asphalt shingles, fiberglass shingles, and wood shingles and shakes are prohibited. b. Stone, stucco, colored or exposed aggregate or textured finish concrete, decorative block and brick are the preferred materials for building exteriors. Simulated materials and building systems that provide a look that is similar to the preferred materials may also be acceptable. c. Highly reflective, shiny or mirror-like materials and unplastered exposed standard concrete, standard concrete masonry units and glazed tile should not be used except as accents. Reflective glass at the pedestrian level is prohibited. Glass on the second floor and above shall not be greater than twenty-two percent reflectivity so as not to reflect light and solar heat on other buildings, streets and sidewalks. d. Restraint should be used in the number of different materials and colors selected. 4. Coherent Design a. All sides of a building shall be coherently designed and treated. A consistent level of detailing and finish is required for all sides of a building. Page 163 b. Any building design that utilizes a flat roof shall incorporate a parapet wall and/or cornice element on all sides of the roof. c. Preferably, roof access should be from the interior of the building. If not possible, external stairwells and ladders should be incorporated into the overall design of the primary structure or be adequately screened from view. d. Service and loading zones shall be located to the rear, side or in an internal location where visibility from public rights-of-way and views from neighboring buildings and properties will be minimized. e. If service or wash bay doors are provided, openings to the bay doors shall not face public rights-of-way and shall be designed to minimize the visual intrusion into adjoining properties (Ord. 6210 § 3, 09/05/12) 5. Building Façade a. The building design should incorporate patterns and materials that provide visual interest. This should be accomplished through the use of changes in color, materials or relief, such as the inclusion of beltlines, pilasters, recesses, pop outs, etc. Flat, plain building walls are not acceptable. There should be a contrast in the size of solid area to window area. In general, there should be more wall than window. Windows and large areas of glass should be recessed in shadow or otherwise contrast with the building façade. Large glazed areas should be divided into smaller parts by using mullions to express individual windows or groupings of windows. The use of arcades, covered walkways, awnings, and other shade devices is strongly encouraged to provide shade to protect pedestrians from the intense desert sun. b. Features such as windows and arcades shall total at least sixty percent of the length of any façade that abuts a public street. c. Lightly tinted or "Low-e" glass is acceptable and advisable. Mirrored and metallic tints are prohibited. 6. Orientation a. Buildings on corner lots should be oriented to the corner and to the street fronts, and should make a strong tie to the building lines of each street unless the applicant can demonstrate by substantial and convincing evidence that to do so would be infeasible. Parking and curb cuts shall be located away from corners. b. Interconnected walkways and parking drives between buildings on the site and those of adjacent development should be used to provide for the safe and efficient movement of pedestrians, bicycles and vehicles within the site and between the site and adjacent development where feasible. c. In order to develop and maintain a strong street edge, buildings for stand alone projects or individual pad developments associated with a larger commercial center should be located at the front of the site at the minimum setback line, with the exception of additional width landscaping or a single drive-through lane. 7. Applicability of Standards. Except as otherwise provided in this Paragraph (7), the standards set forth in Paragraphs (1) through (6) of Subsection (B) are minimum requirements. The Planning Commission or City Council may grant a waiver to any of these standards as part of a Site Development Plan Review if the applicant can show through convincing and substantial evidence that the waiver will not compromise the objective of the City in safeguarding the interests of the City, the proposed project will substantially meet the intent of the standard, and the granting of the waiver will not detrimentally affect the public health, safety or general welfare. C. Shade Structures In addition to the standards for shade structures that are listed in the tables provided for each district, shade structures on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Timing of Placement. Shade structures shall not be established or constructed on a site prior to the start of construction of the principal structure, unless approved as part of a Site Development Plan Review. 2. Appearance. Shade structures shall be designed to be architecturally compatible with the principal structure on the site, utilizing similar colors, materials and style. Page 164 3. Parking. Shade structures do not require additional parking beyond that required for the uses on the site. (Ord. 6210 § 4, 09/05/12) D. Building Height In addition to the standards listed for building height in the tables provided for each district, building heights for development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Roof-mounted solar panel units that are permitted as a conditional use pursuant to LVMC Chapter 19.12 shall not be considered as a part of the building height for purposes of this Chapter. 2. Chimneys, vent stacks and skylights may be erected above the required height limits provided that in no case shall structures above the permitted height limit be constructed for the purpose of providing additional floor space. E. Urban Design, Screening and Lighting 1. Site Geography. Where feasible, and when geotechnical conditions are favorable, natural features such as washes and existing vegetation should be retained in their natural state and integrated into the design of the site. When geotechnical conditions are favorable, on-site detention of storm water is encouraged as a means of reducing stormwater runoff. Areas such as common areas and existing washes should be explored for this type of use. Buildings should be sited to avoid or lessen the impact of development on sensitive areas such as slopes and drainage washes. The siting of buildings and development of a site should conform to specific site conditions and opportunities such as non-rectangular lots, location on intersections, unusual topography, vegetation, views or other natural features. On sites which contain slopes of five percent or more, the development of the site should reflect, rather than obscure, the natural topography of the site through the use of various techniques such as smooth transition of grades at the property lines, blending of cut and fill slopes, and terracing. a. Site Grading Design i. Where natural sloping is to be used for topographic transitions at the property edges, slopes should not exceed three to one and should be landscaped with approved materials to achieve minimum ground coverage of sixty percent (not including trees). The sixty percent coverage should be reached within two years after a Certificate of Occupancy is issued by the City. ii. Cut and fill slopes should be rounded where they meet natural grade so that they blend with the natural slope. b. Site Grading Permit. No lands shall be graded or the natural ground surface otherwise disturbed so as to create a dust nuisance, except for clearing of weeds and debris, unless the developer: i. In cases where a final map is required, has complied with the provisions of this Title that pertain to final maps; ii. Has obtained approval of a Site Development Plan and Civil Improvement Plans for the site or area to be graded; or iii. Has obtained approval for early grading in accordance with LVMC 19.08.030(B)(3). c. Natural Features. The area of any channel or wash which is to be retained in its natural state, improved as a non-concrete channel, or improved with a combination of natural materials and other materials such as stamped, patterned concrete, may be counted toward the requirements for open space within the proposed development. d. Drainage. In order to provide a more natural appearance and to provide for the stabilization of natural channels where geotechnical conditions are favorable, drainageways should be lined with natural materials such as grass, soil, gravel, rock or other materials allowed by the Clark County Regional Flood Control District Hydrologic Criteria and Drainage Design Manual (HCDDM) as adopted by the City. The use of plain concrete for lining of drainageways should be permitted only as part of a flood control plan or drainage study approved by the Department of Public Works. Page 165 i. All natural drainage channels on sites of fifteen net acres or greater in size should be identified and shown generally on the site plan at the time of submittal of a Site Development Plan Review application. If it is expected that the Drainage Study will require improvements to existing drainage channels or other on-site drainage facilities, the proposed preliminary design of such channels and of proposed structures such as weirs, drop structures or other appurtenant structures shall be shown on the site plan. Such structures should be built of natural materials unless the applicant can demonstrate, based on a subsequent approved drainage study, that to do so would be infeasible. ii. When detention basins are utilized, they should be integrated into the overall landscaping and site development plan of the proposed project. Such areas may be counted toward the open space requirements of the development. 2. Bicycle, Pedestrian and Automobile Linkages and Circulation. The following standards are designed to reduce dependency on the automobile, reduce the number of daily trips by single occupancy vehicles, and preserve the capacity of existing roadways. Consideration shall be given to alternative transportation modes, such as bicycle and pedestrian ways and paths, and shall be included in site master planning. a. Integration of Bicycle and Pedestrian Paths. Provisions shall be made in all developments to integrate bicycle and pedestrian paths (as defined in the Trails Element of the City's Master Plan) that connect to adjacent developments and residential neighborhoods. b. Bus Turnouts. Bus turnouts and shelters shall be required where deemed necessary by the City Traffic Engineer. If shelters are provided, they shall be installed behind the sidewalk area. Boarding areas at bus turnouts shall provide adequate handicap access in accordance with applicable ADA requirements. Required turnouts may encroach into the perimeter landscape area and may require the granting of easements for placement and maintenance. Bus turnouts shall comply with the Uniform Standard Drawings, Clark County Area, as adopted by the City. c. Sidewalks. Sidewalks shall be provided along any façade featuring a customer entrance that exits into a parking area or travel lane. Sidewalks that abut ninety degree parking spaces shall be a minimum of seven feet in width in instances where vehicle wheel stops are not used between the parking space and the sidewalk curb, and five feet in width when vehicle wheel stops are installed. Sidewalk ramps and curb cuts shall be constructed in accordance with the Uniform Standard Drawings, Clark County Area, as adopted by the City. d. Internal Site Access. A continuous internal pedestrian and handicap accessible walkway shall be provided from the perimeter public sidewalk to the principal customer entrance. Additional pedestrian walkways should be distinguished through the use of special pavers, bricks or patterned concrete, and should be raised slightly to enhance pedestrian safety and the attractiveness of the walkway. e. Path Along Drainage Channels and Washes. Applicants are strongly encouraged to incorporate bicycle and pedestrian paths along drainage channels and washes. If maintenance roads for a channel are required, consideration should be given to designing them as multi-use facilities to accommodate maintenance vehicles, bicyclists and pedestrians. The design of such paths must first be approved by the Department of Public Works and the Department. i. A minimum ten-foot landscape area on each side of the channel shall buffer plain concrete drainage channels which do not incorporate bicycle and pedestrian paths or maintenance roads and which are visible from public view. Maintenance of the landscaping shall be the responsibility of the property owner, the developer, a business association or other similar association, or by such other means as may be approved by the City. ii. The area of any such paths and landscape areas along drainage channels and washes may be counted toward the open space requirements of the development. 3. Pedestrian Open Spaces and Plazas Page 166 a. Plazas Required. Outdoor pedestrian open spaces and plazas provide shade, opportunities for rest and relief from traffic and noise as well as areas for additional outdoor activities such as vending and dining. Commercial developments shall provide pedestrian open spaces and plazas in relation to the size of the development and shall include designs for such areas in the site plan. Such areas shall be interspersed throughout the development, and shall be accessible in accordance with applicable ADA requirements. i. Commercial developments shall provide public open space and plaza areas in accordance with this Paragraph (3). ii. Developments of five acres in size or greater shall provide a minimum of fifty square feet of plaza space for each one acre of gross land area. Such plaza spaces shall be in addition to any such spaces provided by individual tenants or businesses for the use of their customers. b. Integration of Open Spaces. Pedestrian open spaces and plazas shall be integral to the overall design of the proposed commercial development and shall be located in areas of high pedestrian traffic in such a manner to be convenient and readily accessible. Such spaces shall remain open and accessible during normal hours of operation. c. Site Amenities. Site amenities, including without limitation benches, pergolas, landscaped arbors, artwork and other appropriate landscape features, shall be incorporated into the design of each pedestrian open space/plaza. d. Minimum Size. The minimum size for any individual pedestrian open space shall be two hundred fifty square feet. 4. Screening. The following uses and equipment shall be screened from public view from all rights-of-way, pedestrian areas, and parking lots: Trash and refuse collection areas; outdoor storage areas; mechanical equipment such as air conditioners, pumps and motors; propane tanks and other storage tanks; electrical equipment such as switching equipment and transformers; emergency generators; valves; vents; utility meters; satellite dishes; grouped mailboxes; and any commercial project which abuts a residential property. Screening includes, without limitation, solid walls and landscaping of a density sufficient to screen the use. a. Interior Screen Walls i. Service and loading areas shall be screened by the use of walls or dense landscaping, or both, that will serve as both a visual barrier and a noise barrier. In no instance shall the screening be less than eight feet in height, and it may be required to be higher depending on the use to be screened. Walls shall be architecturally integrated into the design of the development. b. Collection Areas and Dumpsters i. Refuse collection areas and dumpsters shall be: A) Provided in sufficient size and numbers to meet the needs of the development; B) Located away from the street front and screened from view from rights-of-way, sidewalks, and abutting properties through the use of landscaping and screening; and C) Shall have solid metal gates, and a roof or trellis structure; and D) Are subject to the residential adjacency standards set forth in LVMC 19.08.040(H). c. Mechanical and Electrical Equipment. In the initial design stage of a development project, mechanical and electrical equipment should be incorporated into the architectural form and layout of the proposed building to reduce the need for screening. i. Mechanical and electrical equipment, satellite dishes and any other communications equipment, excluding communications towers and antennas, shall be concealed from view of public rights-of-way and neighboring properties from street level within one hundred feet of the property boundary. Communication antennas shall be of a design, and installed in such a manner, as to blend in with the architecture and design of the building on which they are mounted. Where reasonable height parapet or Page 167 screen walls are insufficient to provide screening, all equipment shall be painted in a neutral color to blend with roofing materials. ii. Ground and wall mounted mechanical and electrical service equipment, such as utility boxes, valves, gas and electric meters shall be screened from public view with materials architecturally compatible with the finishes and character of the principal structures within the development or through the use of shrubs and landscaping, and shall be screened to the height of the tallest equipment, integrated with the building design, or both. d. Mechanical Equipment on Sloped Roofs. Except as otherwise specifically provided in this Title, no mechanical equipment shall be mounted on or attached to any sloped roof. e. Outdoor Storage Areas. In zoning districts identified in Table 2 of LVMC 19.12.010, Outdoor Storage shall be permitted only in the districts listed in the table for that use. Such use is subject to the following minimum standards set forth below, unless deviation or relief from any such standard is granted by means of a variance application under LVMC 19.16.140. i. Outdoor Storage shall not be permitted within required setback areas, landscape buffer yards or other required landscape areas, or parking spaces required to meet minimum parking standards. ii. Outdoor Storage shall be screened from view from any public street. iii. Outdoor Storage shall be screened from view from any adjoining property, except along adjacent property lines of property zoned C-M or M. iv. Required screening shall consist of a solid structure that is at least eight feet in height, including, but not limited to, a building or wall. 5. Lighting Requirements. Appropriate levels of lighting shall be provided to create adequate visibility and safety at night. (This standard does not apply to public street lighting, which is governed by other standards). a. Light Intensity. Exterior lighting shall be of low intensity and of a cutoff variety so that light will not spill out onto surrounding properties or project above the horizontal plane of the light source. b. Lighting Colors. Warm lighting colors are encouraged. The blue-white colors of fluorescent and mercury vapor lamps are prohibited for exterior lighting. c. Light Levels. The amount of light produced by exterior light sources shall be reduced to that necessary to maintain a minimum comfort level for safety and security purposes. Light levels shall not exceed an average of: i. 2.0 foot-candles in parking lots; or ii. 0.2 foot-candles at a residential property line. d. Location of lighting. Where utilized, freestanding light pole fixtures shall be integrated into landscape buffer areas. Light fixture locations shall not conflict with required landscape materials. e. Height of Fixtures. The height of light poles shall not exceed thirty feet, including the base; heights no greater than twenty feet are strongly encouraged. Light fixtures of up to forty feet in height, including the base, may be permitted for parking lots of fifteen acres or greater in size. f. Style of Fixtures. Lighting fixtures, including poles and base, shall be compatible with the architectural character and color of the proposed development. g. Wall Mounted Lights. Wall mounted lights shall be directed downward. Soffit mounted light fixtures shall be recessed in the soffit or otherwise fully shielded from view from any property line. Ground mounted or other upward directional lighting shall be permissible only where some form of shield or light baffling is provided to create a soft, uniform light quality and minimize light spillage beyond the trees, landscaping, walls or signs being illuminated. h. Pedestrian Lighting. The design of the fixtures shall be compatible with the overall design of the development, and shatterproof lamp coverings shall be used. The fixtures shall be placed to minimize glare Page 168 and shall be located as to not present hazards for pedestrians or vehicles. Along walkways, low-level lighting (i.e., below eye level) that directs light downward onto the ground surface is encouraged. i. Maintenance. All approved lighting shall be continuously maintained in a working manner. 6. Applicability of Standards. Except as otherwise provided in this Paragraph (6), the standards set forth in this Subsection (E) are minimum requirements. Except as otherwise provided in LVMC 19.08.040(E)(4)(e) for Outdoor Storage areas, an exception or modification to any of these standards may be approved upon the request of an applicant if the applicant can show through convincing and substantial evidence that the exception or modification will not compromise the objective of the City in safeguarding the interests of the citizens of the City, the proposed project will substantially meet the intent of the standard, and the granting of the exception or modification will not detrimentally affect the public health, safety or general welfare. Such an exception or modification may be granted by the Director in connection with the approval of a Site Development Plan Review. In cases where the Director does not approve a requested exception or modification, the request may be acted upon by the Planning Commission or City Council as part of a Site Development Plan Review. In the case of action by the Planning Commission or City Council, the request for exception or modification need not be identified as a separate action item, and disposition of the request may be incorporated into the action on the Site Development Plan Review. Notice of action on the request for exception or modification may be incorporated into the notice of decision regarding the Site Development Plan Review. (Ord. 6210 § 5 through 7, 09/05/12) (Ord. 6278 § 4 10/02/13) F. Landscape Buffers and Turf Limitations In addition to the standards listed for landscape buffers and turf limitations in the tables provided for each district, development on any lot subject to the standards provided in this Chapter shall conform to the following: Figure 1 - Standard Planting Requirement 19.08.040(F) Figure 2 - Standard Planting Requirement Alternative 1 1. Landscape Required a. All Site Development Plans for office, retail, commercial, institutional, and industrial development shall meet or exceed the minimum standards, and shall comply with any restrictions, established in this Title. All landscaping required by this Chapter shall also comply with the provisions of LVMC 13.48.040 and 19.02.190. b. Except as otherwise permitted by the Director, all landscape and irrigation plans shall be prepared and stamped by a registered architect, landscape architect, residential designer or civil engineer. c. The owner, developer and occupant of the property are jointly and severally responsible for maintaining or assuring the ongoing maintenance of installed Page 169 Figure 3 - Standard Planting Requirement Alternative 2 landscaping so that the landscaping continues to thrive. Prior to the issuance of a building permit, the owner, developer or contractor shall post a performance bond or equivalent security to assure the performance of the maintenance obligation for a minimum of two years. d. All revisions to an approved landscape plan must first be reviewed and approved by the Department prior to installation of the landscaping. e. Where perimeter landscape buffers are indicated the standard planting requirement is as set forth in Figure 1. Alternatives to the standard planting requirement are set forth in Figures 2 and 3. 2. Additional Landscaping May Be Required Additional landscaping may be required by the Director or reviewing authority in order to respond to special site features, maintain an established landscape pattern created by existing landscaping in the surrounding area, or mitigate the impact of a particular development. Variable Size Planting: One twenty-four inch box deciduous tree, evergreen tree, or fifteen foot palm tree for every thirty-five linear feet of planter, plus one extra tree of similar size to provide coverage at each end of planters. The spacing of such trees shall not exceed thirty-five feet on center. In addition, two fifteen gallon deciduous trees, evergreen trees, or palm trees are required for every thirty-five linear feet of planter, to be located between the trees planted pursuant to the preceding sentence. The fifteen gallon trees may be either spaced regularly or grouped in between the larger trees. 3. Alternative Landscape Designs The Director or other reviewing authority may approve variations to the standards and designs set out in this Chapter if they respond more appropriately to a particular site and provide equivalent means of achieving the intent of this Chapter. 4. Maintenance Property owners shall be responsible for: a. Maintaining all walls in good structural and finish condition; b. Maintaining all landscaping in a healthy and vigorous living condition and in accordance with LVMC 13.48.040 and 19.02.190; c. Promptly replacing dead vegetation with healthy, living plants, in accordance with standard seasonal planting practices. 5. Installation of Required Landscaping a. All required perimeter landscaping shall be installed in compliance with an approved landscape plan prior to occupancy. b. Prior to the installation of any required landscaping the developer shall demonstrate compliance with the approved landscape plan by providing the Department a complete bill of materials. Page 170 c. When applicable to a phased development plan, a phased landscape installation plan may be approved concurrently with a Site Development Plan Review. 6. Irrigation of Landscaping a. All required landscaping shall be installed with an irrigation system designed to eliminate any run-off of water into the public rights-of-way. b. In order to minimize damage to buildings and solid walls from soil settling, expansion/contraction (cracked foundation), all overhead spray irrigation systems shall be a minimum of twenty-four (24) inches back from any building and solid walls with no overspray contacting any building or solid walls. c. An automatic irrigation system is required for all planting areas, and shall include: i. An electric automatic controller and multiple program capabilities; ii. Multiple repeat cycle capabilities; and iii. A flexible calendar program. d. All irrigation water shall be retained on-site. When required, swales shall channel water to larger holding areas, catch basins, other planting areas, gravel sumps, dry-wells, or any combination thereof. Areas that accumulate system water shall be provided with underground drainage systems to carry water to holding or discharge areas. Nuisance flows shall not spill over the sidewalk and into any street. 7. Turf Limitations a. The use of turf is subject to and limited by LVMC Chapter 14.11 and the provisions of this Paragraph (7), with the provisions that are most restrictive to govern in a particular case. Table 1 - Turf Limitations 19.08.040(F) Use Use of Turf Institutional Prohibited, except for schools, parks and cemeteries Golf Course Limited to 5 acres average per hole, with a maximum 10 additional acres for driving range b. The turf limitations contained in this Subsection are intended to increase the use of water efficient vegetation. Landscaping shall be designed, and the landscaping materials shall be chosen and installed, so as to ensure that, within three years of normal growth, at least fifty percent of the area covered by non-turf landscaping will consist of water efficient vegetation. c. The maximum amount of turf allowable pursuant to Subparagraph (a) may be increased proportionally by the percentage of water used for irrigation that comes from a source to which the property owner has secured water rights. 8. Landscape Materials Landscaping shall include drought-resistant and water efficient plant materials consistent with the Southern Nevada Regional Planning Coalition Regional Plant List and the turf limitations of Paragraph (7). Where perimeter landscape buffers are indicated the following are the requirements for landscape material: a. Trees shall be spaced within the required buffer zones in accordance with Table 2 below, with trees to be spaced on center. Table 2 - Landscape Buffer - Tree Spacing 19.08.040(F) Use Standard Commercial 1-24" box tree per 20 linear feet 1 Industrial 1-24" box tree per 20 linear feet 1 Footnotes: Page 171 Table 2 - Landscape Buffer - Tree Spacing 19.08.040(F) Use Standard 1. Where adjacent to any other commercial or industrial lot or right-of-way classified as a freeway, the spacing maybe increased to 1-24" box tree per 30 linear feet. a. Shrub Requirements. Shrubs are required in all buffer areas, with a minimum of four 5-gallon shrubs required for every required tree. b. Ground Cover Requirements. Ground covers shall be installed in all landscaped areas. Non-vegetative ground covers shall include, without limitation, rocks and small stones, crushed rock and bark, installed to a minimum depth of two inches in all areas. 9. Buffer Zone Encroachments The following encroachments are permitted within required buffer zones: a. Driveways (curb cuts) that are located perpendicular or approximately perpendicular to the street right-of- way. b. Sidewalks that are located perpendicular or approximately perpendicular to the street right-of-way. 10. Utility Boxes and Installations a. Along streets that border a residential subdivision, all utility boxes and above-ground utility installations, other than utility poles, that are in excess of twenty-seven cubic feet in size and that are to be placed outside the right-of-way shall be installed with landscaping on two sides, with one side being available for access by utility companies. The landscaping must include tall grasses and/or shrubbery which, at maturity, will provide adequate screening of the utility structures. b. Within proposed trail corridors that are identified in the Master Plan Transportation Trails Element and the Master Plan Recreation Trails Element, no utility box or above-ground utility installation, other than a utility pole, that is in excess of twenty-seven cubic feet in size (excluding pad and concrete collars) shall be allowed. In addition, all utility boxes to be placed immediately adjacent to a trail corridor shall be placed so that the access doors open parallel to the trail corridor and are accessible without the need to cut down or reduce the effectiveness of the landscaping within the trail area. 11. Parking Lot Landscaping. Landscaping within parking lots shall be in accordance with LVMC 19.08.110(C)(12) . 12. Landscaping of Plazas. Any pedestrian open space/plaza that abuts a blank wall shall include a minimum five- foot wide landscaped area next to the wall to soften and screen the wall and increase pedestrian comfort and interest. Landscaping plans shall take into consideration site-specific geotechnical recommendations that may require additional protection to prevent infiltration of water into unsuitable soils. Applicants are strongly encouraged to design the outside wall of planters in such a manner that they might also be used for seating. a. Landscaping for the above purpose shall reach a minimum height at maturity of five feet. b. If such landscaping is installed within a raised planter, the height of the planter shall not exceed two feet six inches in height, and the height of the planter may be included in measuring the minimum height of the required landscaping. 13. Deviations c. The Planning Commission or City Council may grant a waiver to deviate from the standards set forth in Paragraph (1) through (7) as part of a Site Development Plan Review if the applicant can show through convincing and substantial evidence that the waiver will not compromise the objective of the City in safeguarding the interests of the citizens of the City, the proposed project will substantially meet the intent of the standard, and the granting of the waiver will not detrimentally affect the public health, safety or general welfare. Page 172 d. An exception or modification from the standards set forth in Paragraph (8) through (12) may be approved upon the request of an applicant if the applicant can show through convincing and substantial evidence that the exception or modification will not compromise the objective of the City in safeguarding the interests of the citizens of the City, the proposed project will substantially meet the intent of the standard, and the granting of the exception or modification will not detrimentally affect the public health, safety or general welfare. Such an exception or modification may be granted by the Director in connection with the approval of a Site Development Plan Review. In cases where the Director does not approve a requested exception or modification, the request may be acted upon by the Planning Commission or City Council, the request for exception or modification need not be identified as a separate action item, and disposition of the request may be incorporated into the action on the Site Development Plan Review. Notice of action on the request for exception or modification may be incorporated into the notice of decision regarding the Site Development Plan Review. G. Fences and Walls In addition to the standards listed for fences and walls in the tables provided for each district, development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Front Yard Screen Wall Prohibition. No screen wall shall be built in the front yard of a commercial or industrial property. 2. Perimeter and Screen Walls a. General. For commercial and industrial properties, a perimeter wall shall be constructed adjacent to any residential zoning district or property used solely for residential purposes, shall be a minimum of six feet in height, and in no case shall exceed the height limitation applicable to the adjacent zoning district or property. In all other cases, there is no requirement to construct a wall or fence. However, all perimeter or screen walls and fences must comply with applicable building code requirements. The height of a wall or fence shall be measured from the side with the greatest vertical exposure above finished grade. 3. Fences, Walls and Architectural Character a. Perimeter Walls. Perimeter walls, end walls, return walls and common area walls shall be decorative and shall be installed by the developer. Acceptable decorative wall materials include, without limitation, stone, decorative block, slump stone and wrought iron and shall have a minimum percentage of contrasting material as indicated for each district. The contrasting material requirement may be fulfilled by contrasting color, or a combination of contrasting material and contrasting color, if approved by the Department in its discretion. All walls shall include such detail variations as may be required by the Department, including pilasters, decorative caps, decorative iron cutouts or fluted blocks. Any decorative materials or ironwork attached to the top of a perimeter wall shall not encroach into public rights-of-way or abutting properties. Pilasters, if used, shall have a maximum spacing of twenty-four feet on center. All perimeter walls shall: i. Match the design of abutting perimeter walls. The established wall design shall be continued until the next street intersection. In cases where the existing wall is considered by the Director to be of unacceptable design, the design shall not be carried beyond the next street intersection unless a transitional wall area designed to soften the differences between the walls is constructed; and ii. Be maintained by the property owner, the developer, a business association or other similar organization, or by such other means as may be approved by the City. b. Retaining Walls. Retaining walls which are visible from adjacent properties or rights-of-way shall be decorative and shall be installed by the developer. Acceptable materials for retaining wall construction include split-face block, decorative block, slump stone, stone, caliche rock, colored or exposed aggregate, and textured-finish concrete. All walls shall include detail variations such as pilasters, decorative caps, or fluted blocks. All walls shall be maintained by the property owner, the developer, a business association or other similar organization, or by such other means as may be approved by the City. In cases where the height of a retaining wall exceeds four feet, a minimum of five shrubs of a five-gallon size, and five shrubs of a one- Page 173 gallon size, for each twenty feet of linear planting area shall be planted in the area at the base of the wall. In cases where there are multiple-stepped retaining walls, a minimum of five shrubs of a five-gallon size, and five shrubs of a one-gallon size, for each twenty feet of linear planting area shall be planted in the area between the walls and at the base of the lowest wall. A minimum planting area of four feet is required between the retaining walls. c. Wall Separation. Where a screen or perimeter walls abuts another screen or perimeter wall, the separation shall either be: i. A minimum of three feet from face of wall to face of wall, with access provided to the area between the walls for maintenance; or ii. A maximum of eight inches, with the resulting gap between the walls to be filled and capped with a cementitious material that: A) Will not increase the load on the walls; and B) Has been approved by the Department and the Department of Building and Safety. 4. Materials. Unless otherwise approved as part of an overall development plan, the following materials shall not be acceptable for use as screen or perimeter walls: a. Chain link or open wire fencing (except as temporary construction fencing); b. Razor wire or barbed wire (except as may be approved under the procedures set forth in the City's Building Code); c. Corrugated metal; d. Bright colored plastic; and e. Untextured or unfinished concrete or block (CMU) walls. H. Residential Adjacency Standards 1. Applicability a. All property to be developed for nonresidential or multifamily residential use that is located adjacent to property which is zoned R-E, R-D, R-1, R-SL or R-CL, unless such adjacent property is developed with a nonresidential use, shall conform to the residential adjacency standards set forth in this Subsection. b. For purposes of this Subsection: i. Property is "adjacent" to other property if the properties share a common property line or are separated only by a street right-of-way or easement. ii. "Property subject to the standards for this Subsection" means the property that is described in Subparagraph (a) of this Paragraph (1) that must conform to the residential adjacency standards of this Subsection. iii. "Protected property" means residential property that is developed for sale or designated for such development, and single family residential property, as those types of property are described in Subparagraph (a) of this Paragraph (1). Page 174 Figure 4 - Proximity Slope - 3:1 Slope Requirement 19.08.040(G) 2. Building Height And Setback Requirements (see Figure 4) a. Proximity Slope. i. Except as otherwise provided in this Paragraph (2), no building subject to the standards of this Subsection shall exceed the height of a line drawn from the property line of a protected property at a 3:1 slope directly into the property subject to the standards of this Subsection. For example, a 100- foot high building must be set back 300 feet from the property line of the protected property, if both the property line of that property and the grade of the building subject to the standards of this Subsection are at the same elevation. The Proximity Slope limitation contained in this Subparagraph (a) applies to architectural projections above rooflines. ii. The Proximity Slope limitation contained in Subparagraph (a) does not apply when nonresidential buildings, such as schools and churches/houses of worship, are built on the protected property. A refers to the Residential Property Line B refers to the Residential Setback C refers to the Commercial Setback (must at minimum equal the residential setback) D refers to the Commercial Setback Area (may in part include parking, drive, road, alley or easement) iii. Notwithstanding the Proximity Slope limitation contained in Subparagraph (a), a one story building up to 15 feet in height may be constructed to the applicable setback line that is established for the zoning district in which the property subject to the standards of this Subsection is located or which is established by Paragraph (d) of this Subsection (2). b. Changes in Grade. Notwithstanding the Proximity Slope limitation contained in Paragraph (a) above, if the natural slope of the ground rises or falls from the point of origin of the slope line, the actual building height may be greater or lesser by the difference in grade. c. Exceptions. i. The following structures may project a maximum of 12 feet above the Proximity Slope: A) Chimney and vent stacks. B) Roof structures for the use of solar panel units, elevators, stairs, tanks, ventilation and similar necessary mechanical equipment. C) Visual screens which surround mounted mechanical equipment. D) Skylights. E) Whip and mounted antennas. ii. Church steeples, utility transmission lines and towers, wireless communication facilities when attached to a utility transmission line pole or tower, small wind energy systems, and municipal utility facilities such as water towers are exempt from the maximum height provisions. d. Building Setback. In addition to the required building setback line, no building setback on property subject to the standards of this Section shall be less than the required building setback for the protected property. e. Waiver. The requirements of this Paragraph (2) may be waived by the City Council for: i. Any mixed-use development that contains a significant residential element. 3. Spill-Over Lighting a. Lighting Standard. No lighting from a property subject to the standards of this Section shall create greater than 0.5 of one foot-candle at the property line of a protected property. Page 175 b. Redirecting/Screening of Light Sources. All sources of light, including security lighting, illuminated signs, vehicular headlights and other sources, shall be directed away from protected property or screened so that the light level above is not exceeded. 4. Trash Receptacles Garbage storage areas for properties subject to the standards of this Section shall be screened and odor controlled, and trash pick up shall be scheduled to minimize any impact on protected properties. In addition, trash receptacles shall be located a minimum of 50 feet from any property line of a protected property. 5. Exclusions a. Higher Ambient Light Levels. Where existing ambient light levels from multiple sources already exceed the standards, the subject source may not increase the existing light levels, unless approved in connection with the approval of a Site Development Plan. (Ord. 6270 § 7 09/18/13) (Ord. 6323 § 8 06/04/14) I. Downtown Las Vegas Overlay District All structures located in Area 1 of the Downtown Las Vegas Overlay District, as shown in Figure 2 of the Development Standards adopted in LVMC 19.10.110(B), are exempted from the automatic application of the building height, building setback and lot coverage provisions of this Chapter, including the Residential Adjacency Setback provided, however, that this exemption does not prohibit the City Council from imposing a building height, setback or lot coverage requirement in connection with the approval of a Site Development Plan. (Ord. 6608 § 4, 12/06/17) Page 176 19.08.050 P-O Professional Office The P-O District is intended to allow for office uses in an area which is predominantly residential but because of traffic and other factors is no longer suitable for the continuation of low density residential uses. This district is designed to be a transitional zone to allow low intensity administrative and professional offices. These uses are characterized by a low volume of direct daily client and customer contact. To decrease the impact to adjacent residential uses, single family structures should be retained or new development in the P-O District should be constructed to maintain a residential character. The P-O District is consistent with the Office category of the General Plan. All uses located in the P-O District shall conform to the following restrictions. 1. No products shall be stored, displayed or sold on the premises. 2. No trucks, vans, or other commercial vehicles shall be stored or parked on the property overnight. 3. No services shall be performed upon a client except those related to the service of the medical profession including dentists, opticians, optometrists, chiropractors, psychologists, et cetera. 4. Services shall not include the production nor repair of any goods except as an incidental use to the permitted service. 5. Instructional services at a physician's office must be provided with a pupil/ instructor ratio no greater than two to one; provided, however, that the Director may approve a higher pupil/instructor ratio upon a showing that sufficient off- street parking is available for the number of pupils anticipated. Equipment used for instructional purposes must be stored within the building. 6. Except in accordance with a Special Use Permit approving the establishment of a Mixed-Use use as defined by LVMC Chapter 19.18, there shall be no mixed residential and commercial use of any property and in the event there is an existing residential use on a property, no commercial use of the property shall be permitted until the residential use has permanently ceased. 7. No use or business activity shall remain open to the public for business between the hours of 9:00 p.m. through 7:00 a.m. All exterior lighting, except for security lighting, shall be turned off." Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Width 60 feet B. Max. Lot Coverage 50% 1 C. Minimum Front Yard Setback 20 feet 2 D. Minimum Side Yard Setback 5 feet 2 E. Minimum Corner Side Yard Setback 15 feet 2 F. Minimum Rear Yard Setback 15 feet 2, 3 Footnotes: 1. Lot coverage for mixed-use developments may be increased up to a maximum of seventy-five percent of the net lot area upon the approval of a Site Development Plan Review application in accordance with LVMC 19.16.100. 2. A conversion from an existing residential structure may maintain the existing setbacks. Any additions may also be constructed to the existing established corner setback. 3. Rear yard setbacks may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Page 177 Table 2 - Shade Structures (see Figure 2) Figure 2 - Shade Structures A. Minimum Setback - Detached Shade Structure May encroach into the building setback areas required pursuant to Table 1 above, provided such an encroachment does not intrude into any required perimeter landscape buffer area B. Minimum Setback - Attached Shade Structure Must meet all setbacks for the building as established in Table 1 above C. Size and Coverage Not to exceed the maximum lot coverage allowed pursuant to Table 1 Table 3 - BUILDING HEIGHT 1 (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Shade Structures Not to exceed the height otherwise allowed for a building in the zoning district Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Page 178 Table 4 - Landscape Buffers and Turf Limitations (see Figure 4) Figure 4 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 15 feet - Adjacent to Right- of-Way 8 feet - Interior Lot Lines 1 B. Primary Structure C. Turf Coverage 25% of landscapable area D. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts Footnotes: 1. When building setbacks are less restrictive, the setbacks shall prevail. Table 5 - Parking1 (see Figure 4) F. Minimum On-site Parking Requirement 2 Shall be as outlined in LVMC 19.12.160 based on the approved use Footnotes: 1. Shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking shall be calculated as provided for in LVMC 19.18.030(E). Page 179 Table 6 - Fences And Walls Figure 5 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 5) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 5). Table 7 - Perimeter and Retaining Walls (see Figure 6) Figure 6 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 180 Table 8 - Perimeter and Retaining Walls Standard Stepback (see Figure 7) Figure 7 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6210 § 8, 9 and 10, 09/05/12) (Ord. 6562 § 4, 01/04/17) Page 181 19.08.060 O (Office) District The Office District is designed to provide for the development of office uses, supporting service uses and low intensity commercial uses performing administrative, professional and personal services. These may be small office buildings developed in a cluster with an internal traffic circulation system or one larger office building. This district may be used as a buffer between residential and more intense retail/commercial uses. The O District is consistent with the Office category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Width 100 feet B. Max. Lot Coverage 30% 1 C. Minimum Front Yard Setback 25 feet D. Minimum Side Yard Setback 10 feet E. Minimum Corner Side Yard Setback 15 feet F. Minimum Rear Yard Setback 15 feet 2 Footnotes: 1. Lot coverage for mixed-use developments may be increased up to a maximum of seventy-five percent of the net lot area upon the approval of a Site Development Plan Review application in accordance with LVMC 19.16.100. 2. Rear yard setbacks may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 2 - Shade Structures (see Figure 2) Figure 2 - Shade Structures A. Minimum Setback - Detached Shade Structure May encroach into the building setback areas required pursuant to Table 1 above, provided such an encroachment does not intrude into any required perimeter landscape buffer area B. Minimum Setback - Attached Shade Structure Must meet all setbacks for the building as established in Table 1 above C. Size and Coverage Not to exceed the maximum lot coverage allowed pursuant to Table 1 Page 182 Table 3 - BUILDING HEIGHT 1 (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Shade Structures Not to exceed the height otherwise allowed for a building in the zoning district Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 4 - Landscape Buffers and Turf Limitations (see Figure 4) Figure 4 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 15 feet - Adjacent to Right- of-Way 8 feet - Interior Lot Lines B. Primary Structure C. Turf Coverage 25% of landscapable area D. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts Table 5 - PARKING 1 (see Figure 4) E. Minimum On-site Parking Requirement 2 Shall be as outlined in LVMC 19.12.160 based on the approved use Footnotes: 1. Shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking shall be calculated as provided for in LVMC 19.18.030(E). Page 183 Table 6 - Fences And Walls Figure 5 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 5) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 5). Table 7 - Perimeter and Retaining Walls (see Figure 6) Figure 6 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 184 Table 8 - Perimeter and Retaining Walls Standard Stepback (see Figure 7) Figure 7 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6210 § 11, 12 and 13, 09/05/12) Page 185 19.08.065 C-D (Designed Commercial) The purpose of the C-D District is to provide standards for the development of a select type of light commercial uses which will be in harmony with the neighborhood in which it is to be located. The C-D District is consistent with the Office and Service Commercial categories of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Width 100 feet B. Max. Lot Coverage 30% 1 C. Minimum Front Yard Setback 25 feet D. Minimum Side Yard Setback 10 feet E. Minimum Corner Side Yard Setback 15 feet F. Minimum Rear Yard Setback 15 feet 2 Footnotes: 1. Lot coverage for mixed-use developments may be increased up to a maximum of seventy-five percent of the net lot area upon the approval of a Site Development Plan Review application in accordance with LVMC 19.16.100. 2. Rear yard setbacks may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 2 - Shade Structures (see Figure 2) Figure 2 - Shade Structures A. Minimum Setback - Detached Shade Structure May encroach into the building setback areas required pursuant to Table 1 above, provided such an encroachment does not intrude into any required perimeter landscape buffer area B. Minimum Setback - Attached Shade Structure Must meet all setbacks for the building as established in Table 1 above C. Size and Coverage Not to exceed the maximum lot coverage allowed pursuant to Table 1 Page 186 Table 3 - BUILDING HEIGHT 1, 2 (see Figure 3) Figure 3 - Building Height A. Stories 2 max B. Flat Roof - Max. Height 35 feet measured to the top of the roof coping C. Pitched Roof - Max. Height 35 feet measured to the midpoint between the eaves and ridgeline of a pitched roof D. Shade Structures Not to exceed the height otherwise allowed for a building in the zoning district Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). 2. or 35' in areas other than Charleston Table 4 - Landscape Buffers and Turf Limitations (see Figure 4) Figure 4 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 15 feet - Adjacent to Right- of-Way 8 feet - Interior Lot Lines B. Primary Structure C. Turf Coverage 25% of landscapable area D. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts Table 5 - PARKING 1 (see Figure 4) E. Minimum On-site Parking Requirement 2 Shall be as outlined in LVMC 19.12.160 based on the approved use Footnotes: 1. Shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking shall be calculated as provided for in LVMC 19.18.030(E). Page 187 Table 6 - Fences And Walls Figure 5 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 5) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 5). Table 7 - Perimeter and Retaining Walls (see Figure 6) Figure 6 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 188 Table 8 - Perimeter and Retaining Walls Standard Stepback (see Figure 7) Figure 7 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6562 § 5, 01/04/17) Page 189 19.08.070 C-1 (Limited Commercial) The C-1 District is intended to provide most retail shopping and personal services, and may be appropriate for mixed use developments. This district should be located on the periphery of residential neighborhoods and should be confined to the intersections of primary and secondary thoroughfares along major retail corridors. The C-1 District is consistent with the Service Commercial and the Neighborhood Center categories of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Width 100 feet B. Max. Lot Coverage 50% 1, 2 C. Minimum Front Yard Setback 10 feet D. Minimum Side Yard Setback 10 feet E. Minimum Corner Side Yard Setback 10 feet F. Minimum Rear Yard Setback 20 feet 3 Footnotes: 1. Senior citizen apartments may be permitted to exceed the lot coverage limitation upon approval of a Site Development Plan Review application in accordance with LVMC 19.16.100. 2. Lot coverage for mixed-use developments may be increased up to a maximum of seventy-five percent of the net lot area upon the approval of a Site Development Plan Review application in accordance with LVMC 19.16.100. 3. Rear yard setbacks may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 2 - Shade Structures (see Figure 2) Figure 2 - Shade Structures A. Minimum Setback - Detached Shade Structure May encroach into the building setback areas required pursuant to Table 1 above, provided such an encroachment does not intrude into any required perimeter landscape buffer area B. Minimum Setback - Attached Shade Structure Must meet all setbacks for the building as established in Table 1 above C. Size and Coverage Not to exceed the maximum lot coverage allowed pursuant to Table 1 Page 190 Table 3 - BUILDING HEIGHT 1 (see Figure 3) Figure 3 - Building Height A. Stories NA 2 B. Flat Roof - Max. Height NA 2 C. Pitched Roof - Max. Height NA 2 D. Accessory Bldg. - Stories Not to exceed the height otherwise allowed for a building in the zoning district Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). 2. For parcels that are outside the Neighborhood Revitalization Area, the maximum building height for mixed-use development is ten stories, or one hundred fifty feet, whichever is less. For purposes of the foregoing, the "Neighborhood Revitalization Area" means the area so designated in the Las Vegas 2020 Master Plan adopted by Ordinance No. 5250, as the boundaries of that area may be amended from time to time. Page 191 Table 4 - Landscape Buffers and Turf Limitations (see Figure 4) Figure 4 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 15 feet - Adjacent to Right- of-Way 8 feet - Interior Lot Lines 1 B. Primary Structure C. Turf Coverage 25% of landscapable area D. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts Footnotes: 1. When a principle structure is built at a less restrictive building setback, the setbacks shall prevail. Table 5 - PARKING 1 (see Figure 4) E. Minimum On-site Parking Requirement 2 Shall be as outlined in LVMC 19.12.160 based on the approved use Footnotes: 1. Shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking shall be calculated as provided for in LVMC 19.18.030(E). Page 192 Table 6 - Fences And Walls Figure 5 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 5) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 5). Table 7 - Perimeter and Retaining Walls (see Figure 6) Figure 6 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 193 Table 8 - Perimeter and Retaining Walls Standard Stepback (see Figure 7) Figure 7 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6210 § 14, 15 and 16, 09/05/12) Page 194 19.08.080 C-2 (General Commercial) District The C-2 District is designed to provide the broadest scope of compatible services for both the general and traveling public. This category allows retail, service, automotive, wholesale, office and other general business uses of an intense character, as well as mixed-use developments. This district should be located away from low and medium density residential development and may be used as a buffer between retail and industrial uses. The C-2 District is also appropriate along commercial corridors. The C-2 District is consistent with the General Commercial category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Width 100 feet B. Max. Lot Coverage 50% 1 C. Minimum Front Yard Setback 10 feet D. Minimum Side Yard Setback 10 feet E. Minimum Corner Side Yard Setback 10 feet F. Minimum Rear Yard Setback 20 feet 2 Footnotes: 1. Lot coverage for mixed-use developments may be increased up to a maximum of seventy-five percent of the net lot area upon the approval of a Site Development Plan Review application in accordance with LVMC 19.16.100. 2. Rear yard setbacks may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 2 - Shade Structures (see Figure 2) Figure 2 - Shade Structures A. Minimum Setback - Detached Shade Structure May encroach into the building setback areas required pursuant to Table 1 above, provided such an encroachment does not intrude into any required perimeter landscape buffer area B. Minimum Setback - Attached Shade Structure Must meet all setbacks for the building as established in Table 1 above C. Size and Coverage Not to exceed the maximum lot coverage allowed pursuant to Table 1 Page 195 Table 3 - BUILDING HEIGHT 1 (see Figure 3) Figure 3 - Building Height A. Stories NA 2 B. Flat Roof - Max. Height NA 2 C. Pitched Roof - Max. Height NA 2 D. Accessory Bldg. - Stories Not to exceed the height otherwise allowed for a building in the zoning district Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). 2. For parcels that are outside the Neighborhood Revitalization Area, the maximum building height for mixed-use development is ten stories, or one hundred fifty feet, whichever is less. For purposes of the foregoing, the "Neighborhood Revitalization Area" means the area so designated in the Las Vegas 2020 Master Plan adopted by Ordinance No. 5250, as the boundaries of that area may be amended from time to time. Table 4 - Landscape Buffers and Turf Limitations (see Figure 4) Figure 4 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 15 feet - Adjacent to Right- of-Way 8 feet - Interior Lot Lines 1 B. Primary Structure C. Turf Coverage 25% of landscapable area D. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts Footnotes: 1. When a principle structure is built at a less restrictive building setback, the setbacks shall prevail. Table 5 - PARKING 1 (see Figure 4) E. Minimum On-site Parking Requirement 2 Shall be as outlined in LVMC 19.12.160 based on the approved use Footnotes: 1. Shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking shall be calculated as provided for in LVMC 19.18.030(E). Page 196 Table 6 - Fences And Walls Figure 5 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 5) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 5). Table 7 - Perimeter and Retaining Walls (see Figure 6) Figure 6 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 197 Table 8 - Perimeter and Retaining Walls Standard Stepback (see Figure 7) Figure 7 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6210 § 17, 18 and 19, 09/05/12) Page 198 19.08.085 C-PB (Planned Business Park) District The C-PB District allows industrial uses, including light manufacturing, assembling and processing, warehousing and distribution, research, development and testing laboratories; medical related uses and ancillary commercial uses in an Industrial Office Park setting; and mixed-use developments. The C-PB District is consistent with the Light Industry/Research category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Width 100 feet B. Max. Lot Coverage NA C. Minimum Front Yard Setback 10 feet D. Minimum Side Yard Setback 10 feet E. Minimum Corner Side Yard Setback 10 feet F. Minimum Rear Yard Setback 20 feet 1 Footnotes: 1. Rear yard setbacks may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 2 - Shade Structures (see Figure 2) Figure 2 - Shade Structures A. Minimum Setback - Detached Shade Structure May encroach into the building setback areas required pursuant to Table 1 above, provided such an encroachment does not intrude into any required perimeter landscape buffer area B. Minimum Setback - Attached Shade Structure Must meet all setbacks for the building as established in Table 1 above C. Size and Coverage Not to exceed the maximum lot coverage allowed pursuant to Table 1 Page 199 Table 3 - BUILDING HEIGHT 1 (see Figure 3) Figure 3 - Building Height A. Stories 5 max 2, 3 B. Flat Roof - Max. Height 85 feet measured to the top of the roof coping 2, 3 C. Pitched Roof - Max. Height 85 feet measured to the midpoint between the eaves and ridgeline of a pitched roof 2, 3 D. Accessory Bldg. - Stories Not to exceed the height otherwise allowed for a building in the zoning district Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). 2. For parcels of land located within a C-PB Zoning District that is contiguous to, or within two hundred feet of, a freeway or expressway, the maximum building height shall be six stories or one hundred feet, whichever is less. 3. Notwithstanding the above, in the case of permitted commercial and retail uses, the maximum building height shall be two stories or thirty-five feet, whichever is less. Page 200 Table 4 - Landscape Buffers and Turf Limitations (see Figure 4) Figure 4 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 15 feet - Adjacent to Right- of-Way 8 feet - Interior Lot Lines 1 B. Primary Structure C. Turf Coverage 25% of landscapable area D. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts Footnotes: 1. When a principle structure is built at a less restrictive building setback, the setbacks shall prevail. Table 5 - PARKING 1 (see Figure 4) E. Minimum On-site Parking Requirement 2 Shall be as outlined in LVMC 19.12.160 based on the approved use Footnotes: 1. Shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking shall be calculated as provided for in LVMC 19.18.030(E). Page 201 Table 6 - Fences And Walls Figure 5 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 5) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 5). Table 7 - Perimeter and Retaining Walls (see Figure 6) Figure 6 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 202 Table 8 - Perimeter and Retaining Walls Standard Stepback (see Figure 7) Figure 7 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6210 § 17, 18 and 19, 09/05/12) Page 203 19.08.090 C-M (Commercial / Industrial) The C-M District is a general commercial and restricted industrial district designed to provide for a variety of compatible business, warehouse, wholesale, office and limited industrial uses. This district is intended to be located away from areas of low and medium density residential development. The C-M District is consistent with the Light Industry/Research category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Width 100 feet B. Max. Lot Coverage NA C. Minimum Front Yard Setback 10 feet D. Minimum Side Yard Setback 10 feet E. Minimum Corner Side Yard Setback 10 feet F. Minimum Rear Yard Setback 20 feet 1 Footnotes: 1. Rear yard setbacks may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 2 - Shade Structures (see Figure 2) Figure 2 - Shade Structures A. Minimum Setback - Detached Shade Structure May encroach into the building setback areas required pursuant to Table 1 above, provided such an encroachment does not intrude into any required perimeter landscape buffer area B. Minimum Setback - Attached Shade Structure Must meet all setbacks for the building as established in Table 1 above C. Size and Coverage Not to exceed the maximum lot coverage allowed pursuant to Table 1 Page 204 Table 3 - BUILDING HEIGHT 1 (see Figure 3) Figure 3 - Building Height A. Stories NA B. Flat Roof - Max. Height NA C. Pitched Roof - Max. Height NA D. Accessory Bldg. - Stories Not to exceed the height otherwise allowed for a building in the zoning district Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 4 - Landscape Buffers and Turf Limitations (see Figure 4) Figure 4 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 15 feet - Adjacent to Right- of-Way 8 feet - Interior Lot Lines B. Primary Structure C. Turf Coverage 25% of landscapable area D. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts Table 5 - PARKING 1 (see Figure 4) E. Minimum On-site Parking Requirement 2 Shall be as outlined in LVMC 19.12.160 based on the approved use Footnotes: 1. Shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking shall be calculated as provided for in LVMC 19.18.030(E). Page 205 Table 6 - Fences And Walls Figure 5 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 5) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 5). Table 7 - Perimeter and Retaining Walls (see Figure 6) Figure 6 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 206 Table 8 - Perimeter and Retaining Walls Standard Stepback (see Figure 7) Figure 7 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6210 § 20, 21 and 22, 09/05/12) Page 207 19.08.100 M (Industrial) District The M District is intended to provide for heavy manufacturing industries in locations where they will be compatible with and not adversely impact adjacent land uses. This district is intended to be located away from all residential development. The M District is consistent with the Light Industry/Research category of the General Plan. Table 1 - BUILDING PLACEMENT (see Figure 1) Figure 1 - Building Placement A. Minimum Lot Width 100 feet B. Max. Lot Coverage NA C. Minimum Front Yard Setback 10 feet 1 D. Minimum Side Yard Setback 10 feet 1 E. Minimum Corner Side Yard Setback 10 feet 1 F. Minimum Rear Yard Setback 0 feet 1, 2 Footnotes: 1. Where adjacent to, or across the street from, a residential district, the minimum setback from the property line or the street right-of-way line shall be fifty feet. The setback area shall be maintained free and clear of all buildings or industrial uses, except that this area may be used for parking. Such parking use may include parking for industrial equipment and vehicles if parking areas are completely screened from any residential view. 2. Rear yard setbacks may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 2 - Shade Structures (see Figure 2) Figure 2 - Shade Structures A. Minimum Setback - Detached Shade Structure May encroach into the building setback areas required pursuant to Table 1 above, provided such an encroachment does not intrude into any required perimeter landscape buffer area B. Minimum Setback - Attached Shade Structure Must meet all setbacks for the building as established in Table 1 above C. Size and Coverage Not to exceed the maximum lot coverage allowed pursuant to Table 1 Page 208 Table 3 - BUILDING HEIGHT 1 (see Figure 3) Figure 3 - Building Height A. Stories NA B. Flat Roof - Max. Height NA C. Pitched Roof - Max. Height NA D. Accessory Bldg. - Stories Not to exceed the height otherwise allowed for a building in the zoning district Footnotes: 1. Building heights may be affected by the residential adjacency standards set forth in LVMC 19.08.040(H). Table 4 - Landscape Buffers and Turf Limitations (see Figure 4) Figure 4 - Landscape Buffer and Turf Limitations / Single Family (Attached or Detached) Parking A. Landscape Buffer - Minimum Zone Depths 15 feet - Adjacent to Right- of-Way 8 feet - Interior Lot Lines B. Primary Structure C. Turf Coverage 25% of landscapable area D. Impermeable Surfaces Should be minimized to reduce stormwater quality management impacts Footnotes: 1. When building setbacks are less restrictive, the setbacks shall prevail. Table 5 - PARKING 1 (see Figure 4) E. Minimum On-site Parking Requirement 2 Shall be as outlined in LVMC 19.12.160 based on the approved use Footnotes: 1. Shall meet the parking area design standards as outlined in LVMC 19.08.110. 2. Handicapped parking shall be calculated as provided for in LVMC 19.18.030(E). Page 209 Table 6 - Fences And Walls Figure 5 - Front Yard Wall/Fence with Standard Stepback Front Yard Wall/Fence (see Figure 5) A. Maximum primary wall height 5 feet B. Maximum solid wall base height 2 feet C. Maximum Ornament height above wall 18 inches D. Maximum on-center distance between Pilasters 24 feet E. Decorative Cap feature 5 inches Front Yard Wall/Fence with Standard Stepback 1 F. Maximum secondary wall height 2 feet G. Minimum spacing between wall sections - Outside Dimensions 5 feet Footnotes: 1. Retaining walls along the front property line may not exceed two feet in height. Where the grade of the front yard slopes at a ratio greater than 2:1, multiple retaining walls may be constructed, provided there is a minimum distance of five feet between retaining walls for landscaping. (See Figure 5). Table 7 - Perimeter and Retaining Walls (see Figure 6) Figure 6 - Retaining and Perimeter Wall Perimeter and Retaining Walls with Slope ≤ 2% A. Maximum Wall Height 10 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 4 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Perimeter and Retaining Walls with Slope > 2% A. Maximum Wall Height 12 feet B. Maximum Perimeter Wall Height 6 - 8 feet C. Maximum Retaining Wall Height 6 feet D. Maximum Ornament Height above wall 18 inches E. Contrasting Material 20% Page 210 Table 8 - Perimeter and Retaining Walls Standard Stepback (see Figure 7) Figure 7 - Retaining and Perimeter Wall Standard Stepback A. Maximum Primary wall Height 6 - 8 feet B. Maximum Secondary wall Height 4 feet C. Minimum spacing between wall sections 5 feet D. Maximum Ornament Height 18 inches E. Contrasting Material 20% (Ord. 6210 § 23, 24 and 25, 09/05/12) Page 211 19.08.110 Commercial and Industrial Parking Design Standards A. Purpose The purpose of this Section is: 1. To require off-street parking facilities in proportion to the parking demand for each use; 2. To provide accessible, attractive, secure, properly lighted and well-maintained off-street parking facilities; 3. To reduce traffic congestion and hazards; and 4. To assure that maneuverability for emergency vehicles exists. B. General Regulations In addition to any standards listed for parking in the tables provided for each district, development on any lot subject to the standards provided in this Chapter shall conform to the following: 1. Every building or land use established, every existing building enlarged and every existing use expanded shall provide off-street parking and loading spaces in accordance with the minimum parking requirements set forth in LVMC 19.12.060 and the any other applicable requirements and standards of this Title. Existing parking and loading spaces shall not be reduced below the minimum required by this Title. 2. All on-site parking shall be provided on the same parcel as the principal use, except as permitted by the off-site parking provisions described in LVMC 19.18.030(D)(4). Parking on the public right-of-way may not be counted towards satisfying the requirement for on-site parking. 3. All parking and vehicle storage areas shall occur on paved areas, except that: a. Parking surfaces used for temporary real estate sales offices may consist of decomposed granite, chat, reclaimed asphalt paving or other material approved by the Department of Public Works; and b. Areas within automobile salvage yards used for the storage of wrecked vehicles need only meet applicable Clark County Department of Air Quality and Environmental Management regulations for "Unpaved Parking Lots and Storage Areas" to prevent fugitive dust. 4. Except as otherwise provided in LVMC 19.12.070 or some other provision of this Title, when more than one use is to be conducted on a site, parking shall be calculated and provided for each of the uses separately. 5. When buildings are located at the front of a site, all parking shall be located to the side or rear of buildings and away from the street front unless the applicant can demonstrate by substantial and convincing evidence that to do so would be infeasible. Parking lots shall not be permitted on street corners unless the applicant can demonstrate by substantial and convincing evidence that to locate them elsewhere would be infeasible. 6. Large parking lots with more than five hundred parking spaces should be divided into well-landscaped, small sub- area parking lots that contain two hundred fifty or fewer parking spaces. Buildings, pedestrian walkways or landscape areas with a minimum width of fifteen feet should be used to delineate the sub-area parking lots. 7. The distribution of parking spaces for any and all individual uses will be required to be arranged on site to ensure optimal access and use by the patrons of such use. 8. Except as otherwise required by the City's Building Code, handicapped parking spaces shall be provided for all uses at the rate described in LVMC 19.18.030 (D). C. Design of Parking Areas 1. Access. Off-street parking areas shall be provided in the following manner: a. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The backing of a motor vehicle onto a public street from a parking area shall be prohibited, except for the following: i. Existing commercial and industrial facilities parking areas not exceeding two spaces per property. Page 212 ii. Existing public and quasi-public use facilities not exceeding two spaces per property. b. Parking spaces for any use shall be placed in a location to facilitate use of the parking facility. c. No parking space shall be located so as to require the moving of any vehicle on the premises in order to enter or leave another parking space, except where permitted under the provisions of Paragraph (9) that allow tandem parking. 2. Dimensional Requirements a. Compact Spaces Permitted. A minimum of seventy percent of the parking spaces shall be standard size and up to thirty percent of the required on-site parking spaces may be designated as compact parking spaces. b. Size. Minimum size for parking spaces is shown in Table 1 below: Table 1 - Parking Stall Size 19.08.110(C) TYPE OF SPACE WIDTH LENGTH Standard Car 9 feet 18 feet Compact Car 8 feet 18 feet Handicapped (Car) 19 feet 18 feet Handicapped (Vehicle with a Side-loading wheelchair lift) 22 feet 18 feet Recreational Vehicle 10 feet 30 feet Parallel Parking 9 feet 23 feet c. Angle Parking. Minimum dimensional standards for angle parking and access aisles are set forth in Table 2 below: Table 2 - Angle Parking 19.08.110(C) (see Figure 1) Figure 1 - Angle Parking Dimensions PARKING ANGLE DEGREES DIMENSIONAL STANDARDS Stall Width (feet) A Depth of Stall (feet) B Access aisle, One-way (feet) C Access aisle, Two-way (feet) D 0 23 9' na na 30 9 17' 12 24 35 9 17' 6" 12 24 40 9 18' 6" 12 24 45 9 19' 12 24 50 9 19' 6" 12 24 55 9 20' 13 24 60 E 9 20' 15 24 65 9 20' 17 24 70 9 20' 19 24 75 9 19' 6" 21 24 80 9 19' 6" 23 24 85 9 18' 6" 24 24 Page 213 Table 2 - Angle Parking 19.08.110(C) (see Figure 1) Figure 1 - Angle Parking Dimensions 90 F 9 18' 24 24 d. Size Adjustments. Parking structures may be subject to dimensional adjustments based on utilization (i.e., public or private garage with or without an attendant), but in no case shall the standard stall width be less than eight and one-half feet. Reduction in design standards for parking structures shall be subject to approval by the Director. e. Construction Standards. All parking facilities shall be designed and constructed in accordance with the standards of the Department of Public Works. 3. Handicapped Parking Design Standards a. Parking Space Dimensions. Handicapped parking spaces shall be at least nine feet wide and shall have an adjacent access aisle (a minimum of five feet in width) on each side. Two handicapped parking spaces may share a common access aisle. Figure 2 - Handicapped Parking Dimensions 19.08.110 b. Vehicles with a Side-Loading Wheelchair Lift. Handicapped parking spaces designed to accommodate the side loading of a wheelchair or other mobility assistance space shall be at least nine feet wide and shall have two adjacent access aisles (one aisle shall have a minimum of eight feet in width and the other shall be a minimum of five feet in width) as illustrated in Figure 2. c. Location of Spaces. Handicapped spaces shall be located with the most direct and practical access, at least three feet wide to a primary accessible building entrance unobstructed by bumpers, curbs, or other obstacles to wheel-chairs. The site design shall not permit parked vehicle overhangs or any other obstacle to reduce the clear width of adjacent walkways. Parking spaces and access aisles shall be level with surface slopes not exceeding a ratio of 1:48 in all directions. d. Signage. Handicapped spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility in accordance with the requirements of LVMC 11.52.135. The required signage shall not be obscured by a vehicle parked in the space. e. Relationship to General On-Site Parking Requirements. Required handicapped parking may be counted towards the fulfillment of the general on-site parking requirements of this Title. 4. Drainage. All parking lots shall be suitably graded and drained in accordance with the standards of the Department of Public Works. 5. Driveways. Driveways (curb cuts) shall be constructed in accordance with the commercial and multi-family geometric standards of the Department of Public Works. 6. Lighting. Parking areas used during the hours of darkness shall have lighting providing adequate illumination for security and safety. The minimum requirement is one foot candle, maintained across the surface of the parking area. Illumination, including security lighting, shall be directed away from adjoining properties and shall be arranged and controlled so as not to cause a nuisance either to highway traffic or to surrounding uses. (See related Lighting Standards in this Chapter) 7. Maintenance. Parking facilities shall be continually maintained in compliance with approved Site Development Plans and shall be free of litter and debris. Page 214 8. Surfacing and Striping. Except as otherwise provided in this Chapter, all parking and loading facilities shall be surfaced (paved), striped and marked to clearly define access lanes, compact and handicapped parking spaces, and internal circulation movements. 9. Tandem and Valet Parking. The Director is authorized to approve an off-street parking program utilizing limited tandem parking for commercial and industrial uses provided that the development requires one hundred fifty or more parking spaces. No more than thirty percent of the total number of spaces shall be designated as tandem. In addition, a valet parking attendant must be on duty during business hours. 10. Wheel Stops/Curbing. Concrete wheel stops or curbing at least six inches high and six inches wide shall be provided to prevent vehicles overhanging abutting sidewalks, properties or public rights-of-way, to protect landscaped areas and to protect adjacent properties. Such wheel stops or curbing shall be located at least two feet from any adjacent wall, fence, property line, walkway, landscape area or structure where parking and/or drive aisles are located. Wheel stops or curbing shall not be required to protect a sidewalk or walkway around the perimeter of a building if the sidewalk or walkway is at least seven feet wide. 11. Carports/Covered Parking. Carport structures or other similar covered parking structures shall be subject to the shade structure requirements set forth in LVMC 19.08.040(C). 12. Parking Lot Landscaping. Landscaping within parking lots shall be in accordance with the following: a. Landscape Islands i. Location. Interior landscape islands shall be provided for all parking lots as follows: A) At the end of each row of parking spaces; B) Either parallel to parking spaces, at a ratio of one landscape island for every six parking spaces, or perpendicular to parking spaces, if located between abutting rows of parking spaces; (See Figure 3) and C) In addition to any required perimeter landscape areas. ii. Size. Landscape islands shall have a minimum width of five feet, as measured from the inside of the curbing, and shall have a minimum length equal to the length of the adjacent parking spaces. iii. Alternative Island Options. Figures 4 and 5 illustrate alternative landscape island configurations that may be approved as part of a Site Development Plan Review provided the design achieves the planting requirements provide in Subparagraph (b) below. Figure 3 - Standard Landscape Island 19.08.110(C) Figure 4 - Alternative Landscape Island (Off-set) Figure 5 - Alternative Landscape Island (Diamond) Standard parallel island: Minimum 5- foot planting width inside of curbing and runs the length of the adjacent parking spaces Alternative Off-set island: Minimum 9- foot planting width including curbing and runs the length of the adjacent parking space creating and alternating pattern Alternative Diamond island: Minimum 49 square-foot planting area inside of curbing b. Planting Requirements Page 215 i. Trees. One tree shall be planted for every six uncovered parking spaces. Each landscape island shall have at least one shade tree; required trees shall be a minimum twenty-four inch box evergreen or deciduous shade tree. Tree spacing within a landscape island shall not exceed thirty feet on center. ii. Shrubs. Landscape islands shall include a minimum of four five-gallon shrubs for every required tree. iii. Ground Cover. Landscape islands shall include a two-inch layer of ground cover or rock mulch. iv. Perimeter Landscaping. Landscape materials required for perimeter landscape buffer areas may not be counted towards the requirements for landscape islands in parking lots. v. Irrigation. Landscape materials and any other required landscape areas shall be irrigated with drip irrigation only. c. Parking Lot Screening. Parking lots shall be screened from adjacent roadways by a low wall or berm with a maximum height of thirty inches, a solid living hedge with an approximate maximum height of thirty-six inches, or some other screening method that has been approved as part of a landscape plan and provides a continuous screen. d. Adjacency to Buildings. No parking lot shall directly abut any building. A minimum five-foot wide landscape buffer or minimum five-foot wide sidewalk should be used to buffer buildings from parking spaces. A combination of landscape buffer and sidewalk may be used to achieve the minimum five-foot buffer, provided that any sidewalk so used may not have a width of less than three feet. e. Curbing. Concrete curbing shall be installed at the perimeter of landscape islands and buffers where parking lots or vehicular access aisles directly abut the landscape area. f. Applicability of Standards. Except as otherwise provided in this Subparagraph (f), the standards set forth in this Paragraph (12) are minimum requirements. An exception or modification to any of these standards may be approved upon the request of an applicant if the applicant can show through convincing and substantial evidence that the exception or modification will not compromise the objective of the City in safeguarding the interests of the citizens of the City, the proposed project will substantially meet the intent of the standard, and the granting of the exception or modification will not detrimentally affect the public health, safety or general welfare. Such an exception or modification may be granted by the Director in connection with the approval of a Site Development Plan Review. In cases where the Director does not approve a requested exception or modification, the request may be acted upon by the Planning Commission or City Council as part of a Site Development Plan Review. In the case of action by the Planning Commission or City Council, the request for exception or modification need not be identified as a separate action item, and disposition of the request may be incorporated into the action on the Site Development Plan Review. Notice of action on the request for exception or modification may be incorporated into the notice of decision regarding the Site Development Plan Review. D. On-site Loading Standards 1. Purpose The purpose of these provisions is to establish standards to regulate the number, size, design and location of on- site loading areas in a manner which ensures the following: a. Accessible, secure, and well-maintained loading and delivery facilities; b. Reduced potential for traffic congestion and hazards; c. Protection for adjacent parcels and surrounding neighborhoods from the effects of vehicular noise and traffic generated from the commercial/industrial development; and d. Loading and delivery service spaces in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood. 2. Applicability Page 216 Except for uses within the Downtown Las Vegas Overlay District, every use that receives or distributes materials or merchandise by truck shall provide and maintain on-site loading spaces in accordance with the standards of this Section. 3. On-Site Loading Requirements a. The number of loading spaces shall be based upon the total gross floor area in the building or use. b. On-site loading spaces shall be provided in accordance with Table 3 below: Table 3 - Loading Requirement 19.08.110(D) SQUARE FEET REQUIRED SPACES Less than 10,000 1 10,000 to 29,999 2 30,000 to 50,000 3 Each one hundred thousand (or fraction thereof) over 50,000 1 additional 4. Design Standards. Off-street loading spaces shall be provided in the following manner: a. Dimensions. The minimum size of a loading space shall not be less than fifteen feet in width, twenty-five feet in length, with a fifteen foot vertical clearance. b. Location. Loading spaces shall be located and designed as follows: i. Adjacent to, or as close to as possible, the main structure. ii. Situated to ensure that all loading and unloading takes place on-site and in no case within adjacent public right-of-way or on-site traffic areas. iii. Situated to ensure that all vehicular maneuvers associated with loading and unloading shall occur on-site. iv. Situated to ensure that impact on adjacent residential uses is minimized. 5. Screening, Security, Striping, Surfacing and Wheel Stops/Curbing. The screening, security, striping, surface and wheel stops/curbing standards for parking areas, as set forth in LVMC 19.08.110 (C), shall apply also to the loading areas required by this Section. (Ord. 6608 §2, 12/06/17) 19.08.120 Commercial and Industrial District Sign Standards A. Conformance and Purpose 1. Conformance Required A sign shall be erected, placed, established, relocated, painted, created, or maintained within a commercial or industrial district in the City only in conformance with the standards, procedures, exemptions and other requirements of this Section. 2. Purpose The goal of this Section is to achieve a balance among: the use of signs for business advertising; the public's need for signs as aids to way-finding; traffic safety; community appearance, particularly along its major corridors; and the maintenance of the residential character of the City's neighborhoods. In furtherance of that goal, this Subchapter has the following specific purposes: a. To improve the quality, visibility, conspicuity and appearance of signs, and the appearance of properties, thoroughfares and neighborhoods within the City in accordance with the Las Vegas 2020 Master Plan; Page 217 b. To establish a set of design criteria to allow a limited variety of signs in residential districts, subject to the standards of this Subchapter and the certification procedures of this Title; c. To allow without permit or certification certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this Section; d. To provide for temporary signs without commercial messages in limited circumstances; e. To prohibit all signs within commercial or industrial districts not expressly permitted by this Section; and B. General Requirements 1. General On-premise signs may be allowed on commercial or industrial property in the City in accordance with this Section. 2. Compliance with City Codes In addition to the requirements of this Section, all signs shall comply with applicable provisions of the technical codes of the City of Las Vegas. All signs shall be attached in compliance with the City Building Code. Signs allowed under this Section, either with or without a sign certificate, shall be erected or placed in accordance with applicable height, size and setback requirements and shall conform to applicable lighting standards and other standards, restrictions and conditions set forth in this Title. 3. Certificate Required Prior to the construction, placement, erection or modification of any on-premise sign requiring a certificate under the provisions of this Section, the owner(s) of the lot or the owner's authorized agent shall secure a sign certificate in accordance with the requirements of LVMC 19.16.200. No person shall install a sign that requires a certificate unless the appropriate certificate has been obtained, nor shall any person permit or cause such a sign to be installed without a certificate. 4. General Standards a. Conformance with Sign Standards. No sign shall be allowed within a commercial or industrial district unless the size, characteristics and location of the sign conform to the requirements of this Section, and the number of signs on the lot does not exceed the limitations imposed by this Section. b. Signs in public right-of-way. Except as otherwise provided in LVMC 19.04.150, no sign shall be erected in the public right-of-way. c. Required mounting. Except as otherwise provided in this Section, all on-premise signs shall be permanently mounted to a building or freestanding permanently secured support structure. Portable on-premise signs shall only be permitted under Section 19.08.120(G). No sign shall be painted onto a wood or masonry perimeter fence. d. Sound. No sign shall emit any sound as part of the advertising message. e. Odors. No sign shall emit any odor as part of the advertising message. f. Street addresses. On-premise freestanding or monument signs identifying a building or complex of structures, located along the street frontage to which the street address applies, shall display the address of the building or the range of addresses within the complex. Any other on-premise sign may incorporate a street address. The area of the street address text shall not be computed as part of the sign face. All street addresses displayed shall be in conformance with the most recently adopted version of the "City of Las Vegas Street Naming and Address Assignment Regulations". g. Issuance of Certificate. No sign certificate shall be issued for an existing or proposed sign in a commercial or industrial district unless the sign is consistent with the requirements of this Title (including those protecting existing signs) and is consistent with any Master Sign Plan in effect for the property. Page 218 5. Construction Materials and Attachment a. All signs, other than temporary signs conforming in all respects with the requirements of LVMC 19.08.120(G), shall be constructed of durable materials. b. All signs shall be permanently attached to the ground, a building or other structure by direct attachment to a rigid wall, frame or structure, except as allowed for certain temporary signs in accordance with LVMC 19.08.120(G). 6. Licensed Contractor Required All signs that require a construction permit under applicable codes shall be installed by a qualified contractor licensed by the City of Las Vegas and the State of Nevada. 7. Maintenance a. All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Section at all times. b. All materials used in sign construction shall be maintained in such a manner as to be free from fading, peeling, chipping and other states of general deterioration. 8. Revocation A sign certificate is revocable if the sign is abandoned or allowed to become unsafe or dangerous, or is otherwise condemned. The owner(s) shall maintain the sign in safe condition at all times and shall remove the sign if abandoned. 9. Determination of Visibility or Legibility Where a determination of "visibility" or "legibility" is required, the standard shall be based on the minimum required eyesight of an adult eligible to receive a Nevada driver's license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person shall be presumed to be more than five feet and less than six feet tall. 10. Sign Certificate Application Where a sign certificate is required, an application shall be submitted in accordance with LVMC 19.16.200. 11. Animated Signs Containing a Changeable Electronic Message a. Animated signs containing a changeable electronic message shall consist of static images that have a minimum duration of six seconds for each message. The transition time between each message shall be no more than two seconds with no motion or animation during the transition between messages. b. Animated signs containing a changeable electronic message utilizing LED illumination shall adjust brightness automatically in response to changes in surrounding light levels so as not to be unreasonably bright. At no time shall the brightness of LED illumination exceed 300 nits. With respect to signage that is near Federal and State highways, nothing in the preceding sentence shall affect the application of more restrictive Federal and State standards governing the illumination of signs near such highways. (Ord. 6400 § 2, 02/18/15) C. Residential Protection Standards 1. Illuminated Signs Any illuminated sign requiring a sign certificate and located within 200 feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use shall be subject to the following additional lighting standards: a. If the sign is located within 40 feet of the property planned or zoned for residential use and is or will be visible from such property, it may be internally illuminated or lighted with direct white light; Page 219 b. If the sign is located more than 40 feet from the property planned or zoned for residential use but within 200 feet of such property and the sign is or will be visible from such property, it may be interior-lit or lighted with direct white light, but it shall not contain bare bulbs, exposed neon tube, animation or a electronic message unit; and c. Direct lighting fixtures for such signs shall be aimed up and/or away from the property planned or zoned for residential use. 2. Electronic Message Unit, Animated and Flashing Signs Electronic message units, animated signs and flashing signs are prohibited within 200 feet of property planned or zoned for residential use unless the design of the sign or its location and orientation ensure that the electronic message unit, animated or flashing portion of the sign, or any other light from the sign will not be visible from the property planned or zoned for residential use. D. Certain Illegal and Abandoned Signs 1. Action Required a. Abandoned sign faces or sign copy shall be removed from public view by covering the sign face, replacing the sign face with a blank sign face, or replacing the sign copy with sign copy that relates to an on-going business, product, service, idea or commercial activity on-site. b. Abandoned sign structures and illegal signs shall be removed by the owner(s) of the property, the owner's agent, or the person having the beneficial use of the building, structure or land where such sign is located within 10 days, in the case of illegal signs, and 30 days, in the case of abandoned sign structures, after written notification from the City. c. Failure to comply with a notice from the City demanding the removal of an abandoned sign or an illegal sign within the time period specified in the notice shall be considered a violation of this Section. See also LVMC 19.16.200(E) . E. Exempt and Prohibited Signs 1. Substitution of Non-Commercial Messages Any sign authorized in this Section may contain non-commercial copy in lieu of any other copy. 2. Exempt Signs The following signs shall be exempt from regulation under this Section: a. Any public safety sign, notice or warning required by a valid and applicable federal, state, or local law, regulation or ordinance; b. Non-commercial messages unless otherwise regulated by this Section; c. Any sign inside a building that is not legible from a distance of more than three feet beyond the nearest boundary line of the premises on which the sign is located; d. Works of art or decorative architectural graphics that do not include a commercial message and are not symbolic of any commercial business and are not symbolic of commercial activities taking place on the premises on which the graphic is located; e. Official notices of any court, public body or officer, or any other sign required by law; f. Notices posted by a utility or other quasi-public agent in the performance of a public duty or by any person giving due legal notice; or g. Signs not visible from the public right-of-way. 3. Prohibited Signs The following signs are prohibited: Page 220 a. All signs not expressly permitted or exempted under this Title; b. Any on-premise sign that is associated with a use that no longer occupies the premises on which it is located; c. Pole signs placed or erected after August 1, 2002 that do not meet the freestanding sign design standards contained in this Section; d. A private sign of any kind located on or over any public street, walkway, parking or other public property except as otherwise provided for in this Section; e. Displays that employ white, red or blue rotating lights or any lights that simulate emergency vehicle lights; f. Except as lawfully permitted as a temporary special event or civic event sign, beacons, pennants, inflatable signs, tethered balloons, portable signs and similar attention gaining devices; g. Signs placed on parked vehicles or trailers, or parked commercial vehicles where the vehicle or trailer is not used by the business advertised for the transportation of persons or goods in the ordinary course of business; h. Permanent balloon signs; and i. Outdoor, portable electric signs, except as permitted under the provisions for temporary signs Figure 1 - Decorations 19.08.120(F) Figure 2 - Traffic Control Signs on Private Property F. Signs Permitted in Commercial and Industrial DistrictsThe following signs and similar devices are permitted in commercial and industrial districts as indicated, subject to the specified conditions: 1. Decorations (see Figure 1) Signs in the nature of decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday are permitted without a sign certificate within all commercial and industrial districts; provided that such signs are not displayed for a period of not more than sixty (60) consecutive days nor more than sixty (60) days in any one (1) calendar year. Such signs are not restricted as to type, number, area, height, location, illumination, or animation. 2. Traffic Control Signs on Private Property (see Figure 2) Page 221 Any traffic control sign on private property, such as "Stop," "Yield" and similar signs, the face of which meets Department of Public Works standards and which contains no commercial message of any sort is permitted without a sign certificate within all residential districts. 3. Official Flags of Governments and Governmental Agencies (see Figure 3) Flags of the United States, state flags, municipal flags, flags of foreign nations and any other flag representing a government or governmental agency are permitted without a sign certificate within all residential districts, provided that: a. The flag is not flown from a pole the top of which is more than 40 feet in height (see A in Figure 2) ; b. No more than one flag for any one governmental unit or nation is permitted on each parcel of land; and c. No more than four flags are permitted on the same parcel of land. 4. Official Flags of Private Entities (see Figure 3) Official flags of private corporations or other private entities are permitted at the location of the main headquarters, corporate offices or branch office of the subject entity provided that: a. The flags do not exceed 60 square feet in area (see B in Figure 3); b. The flags are not flown from a pole the top of which is more than 40 feet in height; and c. No more than one flag is permitted on each parcel of land. Figure 3 - Official Flags Page 222 Figure 4 - Garage or Yard Sale Signs 19.08.120(F)(5) Table 1. Garage or Yard Sale Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 4) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Maximum Number 1 sign per event Maximum Area (see A in Figure 4) 16 square feet Maximum Height (see B in Figure 4) 6 feet Location (see C in Figure 4) No such sign shall be placed on private property without the permission of the property owner(s), and no such sign shall be placed on any public land, including rights-of-way, traffic medians, public sidewalks, public trails, bicycle paths on City property, in City rights-of-way, or on fixed structures such as light poles or traffic signals Additional Standards 1. No such sign may be used more than 24 hours prior to the start of the garage or yard sale event. 2. The property owner(s) shall be responsible for removal of the signs at the end of the garage or yard sale event. Illumination Permitted No Certificate Required No (Ord. 6562 § 6, 01/04/17) Page 223 Figure 5 - Incidental Signs (Attached and Freestanding) 19.08.120(F)(6) Table 2. Incidental Sign Standards (Attached or Freestanding) in Commercial and Industrial Districts 19.08.120(F) (see Figure 5) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Non-directional Signs Typical incidental signs include, but are not limited to, "restroom," "telephone," "no parking," "entrance," "exit," and generic directions such as "office," "ATM," or "stores." Maximum Number No specific limit Maximum Area 1. 4 square feet if set back less than 30 feet from the public right-of-way 2. 9 square feet if set back 30 or more feet from the public right-of-way Maximum Height 5 feet Minimum Setback 5 feet from all property lines Additional Standards Up to 25% of the permitted sign area may contain a logo or name of the business to which the sign pertains Illumination Permitted No Certificate Required No Directional Signs Signs specifically designed to give parking or traffic directions and other directional information commonly associated with and related to the permitted use Maximum Number 2 per driveway or vehicular access except that any such sign not legible from the public right-of-way shall not be counted in this limitation Maximum Area 12 square feet. If the sign includes a business name or logo, it shall not comprise more than 50% of the permitted sign area Maximum Height 7 feet Minimum Setback 5 feet from all property lines Illumination Permitted Internal illumination only Certificate Required No Page 224 (Ord. 6562 § 6, 01/04/17) Figure 6 - Open House Signs 19.08.120(F)(7) Table 3. Open House Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 6) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Open House Signs An "open house" realty sign is intended to serve only the short-term customer directing potential homebuyers to an open house of a dwelling unit "For Sale". Such signs are not permanent directional signs. Maximum Number 6 per event Maximum Area (see A in Figure 6) 9 square feet per sign Maximum Height (see B in Figure 6) 6 feet Sign Placement (see C in Figure 6) 1. Open house signs shall only be placed on private property and shall not be placed on any public land, including rights-of-way, traffic medians, public sidewalks, public trails, bicycle paths on City property, in City right-of-way between the sidewalk and the curb, on signs in the right-of-way, or on fixed structures such as light poles or traffic signals 2. No such sign shall block or overhang any sidewalk or other established pedestrian walkway. 3. In order to place "Open House" signs on the private property, other than the property that is the subject of the open house event, authorization from the property owner(s) or the owner's duly authorized agent is required. Additional Standards 1. All open house signs shall state "Open House". 2. Such signs shall not be used for the sale of any residence for which there are current signs (either weekend or continuous) unless the residence is a re-sale and is for sale by owner(s) or listed by an agent other than the marketing agent for the development. 3. All such signs shall contain the listing agent's name and telephone number. A business card is permissible as long as it is protected from the elements. Page 225 Table 3. Open House Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 6) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M 4. No such signs may be displayed more than one hour prior to nor more than one hour after the period a real estate licensee or broker is on duty at the home for sale; and 5. The property owner(s) shall be responsible for removal of the signs at the end of the open house event. Illumination Permitted No Certificate Required No (Ord. 6562 § 6, 01/04/17) Page 226 Figure 7 - Project Flags 19.08.120(F)(8) Table 4. Project Flag Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 7) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Project Flag Signs Project flags are decorative flags intended to identify a specific development containing a residential use. These flags do not contain any advertising copy other than the name or the logo of the development. Maximum Number 25 flags per development that is 10 acres in area or less, plus one additional flag for each additional one-half acre in area Maximum Area (see A in Figure 7) 24 square feet per flag Maximum Height (see B in Figure 7) 24 feet Location (see C in Figure 7) 5 feet to all property lines Illumination Permitted No Certificate Required No (Ord. 6562 § 6, 01/04/17) Page 227 Figure 8 - House of Worship Directional Signs 19.08.120(F)(9) Table 5. House of Worship Directional Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 8) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M House of Worship Directional Signs House of Worship directional signs are intended to assist the public in finding their way to houses of worship or religious services held in nontraditional locations or facilities. Such signs are not permanent directional signs and may only be used during the periods stated in this Subsection. Maximum Number 6 signs Maximum Area (see A in Figure 8) 9 square feet per sign Maximum Height (see B in Figure 8) 6 feet Sign Placement (see C in Figure 8) 1. Such signs shall only be placed on private property and shall not be placed on any rights-of-way, traffic medians, public sidewalks, public trails, bicycle paths, on signs in the right-of-way, or on fixed structures such as light poles or traffic signals. 2. No such sign shall block or overhang any sidewalk or other established pedestrian walkway. 3. In order to place such signs on private property other than the property containing the house of worship or the premises of the religious services, written authorization from the property owner(s) or the owner's duly authorized agent is required. Additional Standards 1. All such signs shall contain the name of the house of worship and its address; 2. All such signs shall contain the name and telephone number of the official of the house of worship responsible for the signs. A business card is permissible as long as it is protected from the elements; 3. The house of worship shall be responsible for removal of the signs at the end of the display period; and 4. No such sign shall be installed before 6 PM on Friday, and all such signs shall be removed by 6 AM on Monday (Tuesday when City offices are closed on Monday due to a holiday). Illumination Permitted No Page 228 Table 5. House of Worship Directional Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 8) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Certificate Required No (Ord. 6562 § 6, 01/04/17) Figure 9 - Community Interior Directional Signs 19.08.120(F)(10) Table 6. Community Interior Directional Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 9) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Maximum Number There is no specific limit on the number of signs Sign Location (see A in Figure 9) 1. On private property or within public right-of-way, including median, subject to approval of an encroachment agreement; and 2. Placement subject to approval of the City of Las Vegas Traffic Engineer. Illumination Permitted Direct white light or internal illumination only Certificate Required Yes (Ord. 6562 § 6, 01/04/17) Page 229 Figure 10 - Development Entry Statement Signs 19.08.120(F)(11) Table 7. Development Entry Statement Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 10) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Maximum Number 2 signs at each entry to a subdivision, apartment complex, or identifiable community. The developer may place one sign on each side of the entry street/drive or one sign in the median, subject to approval of an encroachment agreement if applicable Sign Location (see A in Figure 10) Setback 5 feet from the property line or a location approved by the City of Las Vegas Traffic Engineer. Illumination Permitted Direct white light or internal illumination only Certificate Required Yes (Ord. 6562 § 6, 01/04/17) Page 230 Figure 11 - Building Markers 19.08.120(F)(12) Table 8. Building Marker Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 11) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Maximum Number There is no specific limit on the number of signs Maximum Area (see A in Figure 11) 4 square feet per sign Maximum Height NA Minimum Setback NA Illumination Permitted No Certificate Required No (Ord. 6562 § 6, 01/04/17) Page 231 Figure 12 - Directory Signs 19.08.120(F)(13) Table 9. Directory Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 12) Standard P-O, O, C-D, C-1, C-2, C-PB, C-M and M Maximum Number 1. 1 freestanding sign per building or per driveway, whichever is greater and 2. 1 attached sign per public entrance Maximum Area (see A and B in Figure 12) 1. 24 square feet for freestanding 2. 12 square feet or 5% of the building elevation to which it is attached, whichever is less Maximum Height (see C in Figure 12) 8 feet if freestanding Minimum Setback (see D in Figure 12) 25 feet from all property lines, if freestanding Additional Standards 1. Permitted only if the development utilizes private streets 2. Only the word "Directory" should be legible from the public right-of-way; the directory sign(s) should be located so that the user can pull out of off-site traffic to read the details of the directory. 3. Directory signs are permitted in addition to any other allowed attached or freestanding signs. Illumination Permitted Direct white light or internal illumination only Certificate Required No (Ord. 6562 § 6, 01/04/17) Page 232 Figure 13 - Arcade Sign 19.08.120(F)(14) Table 10. Arcade Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 13) Standard P-O , O, C-D and C-PB C-1, C-2, C-M and M Maximum Number 1 sign per entrance 1 sign per entrance Maximum Area 4 square feet 16 square feet Maximum Height NA NA Minimum Setback An arcade sign shall not extend beyond edge of the building elevation to which it is attached An arcade sign shall not extend beyond edge of the building elevation to which it is attached Minimum Clearance 8 feet from the ground to the bottom of the sign 8 feet from the ground to the bottom of the sign Illumination Permitted Internal, external, animated and electronic message unit signage Internal, external, animated and electronic message unit signage Certificate Required Yes Yes (Ord. 6562 § 6, 01/04/17) Page 233 Figure 14 - Awning Signs 19.08.120(F)(15) Table 11. Awning Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 14) Standard P-O , O, C-D and C-PB C-1, C-2, C-M and M Maximum Number There is no specific limit on the number of signs, although total area limits apply There is no specific limit on the number of signs, although total area limits apply Maximum Area 1. The total amount of awning signage allowed per building elevation is equivalent to 10% of the building elevation. In multi-tenant buildings, the 10% maximum sign area for each tenant will be based upon the portion of the building elevation of the leased/occupied area only, except as may be approved through a Master Sign Plan 2. The permitted area of all wall, window and awning signs together shall not exceed the maximum permitted area for wall signs attached to the same wall as the awning sign 1. The total amount of wall signage allowed per building elevation is equivalent to 20% of the building elevation. In multi-tenant buildings, the 20% maximum sign area for each tenant will be based upon that portion of the building elevation of the leased or occupied area only, except as may be approved through a Master Sign Plan. 2. The total combined area of all wall, window, roof, awning and marquee signs shall not exceed 20% of the building elevation to which they are attached Maximum Height NA NA Minimum Setback An awning sign shall not extend into the required setback for the building elevation to which it is attached An awning sign shall not extend into the required setback for the building elevation to which it is attached Minimum Clearance 8 feet from the ground to the bottom of the sign 8 feet from the ground to the bottom of the sign Illumination Permitted Internal and or direct external illumination of awning signs is permitted Internal and or direct external illumination of awning signs is permitted Certificate Required Yes Yes (Ord. 6562 § 6, 01/04/17) Page 234 Figure 15 - Freestanding Signs 19.08.120(F)(16) Table 12. Freestanding Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 15) Standard P-O O, C-D and C-PB Maximum Number 1 sign per street frontage, provided that no more than one sign shall be allowed on lots 43,000 square feet or less in area 1 sign per street frontage, provided that no more than one sign shall be allowed on lots 43,000 square feet or less in area Maximum Area (see A in Figure 15) 48 square feet 1. 75 square feet, if sign does not exceed 16 feet in height 2. 100 square feet, if sign does not exceed 20 feet in height Maximum Height (see B in Figure 15) 12 feet 20 feet Minimum Setback (see C in Figure 15) 5 feet from all property lines 5 feet from all property lines Additional Standards 1. See also Residential Protection Standards in LVMC 19.08.120(C) 2. See also Design Standards for Freestanding Signs in LVMC 19.08.120(I) 1. See also Residential Protection Standards in LVMC 19.08.120(C) 2. See also Design Standards for Freestanding Signs in LVMC 19.08.120(I) Illumination Permitted Internal and external illumination of freestanding signs is permitted except on a sign elevation facing and located within 200 feet of property zoned or shown on the General Plan as planned for single-family residential Internal and external illumination of freestanding signs is permitted except on a sign elevation facing and located within 200 feet of property zoned or shown on the General Plan as planned for single-family residential Page 235 Table 12. Freestanding Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 15) Standard P-O O, C-D and C-PB (attached or detached) use (attached or detached) use Certificate Required Yes Yes (Ord. 6562 § 6, 01/04/17) Table 12. Freestanding Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 15) Standard C-1, C-2, C-M and M Maximum Number 1 sign per each two hundred lineal feet of street frontage or portion thereof. 1. The total number of all freestanding and monument signs shall not exceed one per each two hundred lineal feet of street frontage or portion thereof. 2. Corner lots are permitted to have signs for each street frontage Maximum Area (see A in Figure 15) The total area of all freestanding and monument signs shall not exceed 2 square feet of sign area for each lineal foot of street frontage. On lots with multiple street frontages, the allowable area for each street frontage shall be calculated separately unless consolidated into one sign, then each street frontage shall be added and total square footage permitted may be allowed in one consolidated sign. Signs within 40 feet of existing developed residential property, or property designated in the General Plan as appropriate for future residential development, the maximum sign area shall be 50 square feet. For each additional foot of setback from the property, the area of a sign may be increased an additional 2 square feet, with a maximum size of 400 square feet unless the site meets criteria for consolidated freestanding signs. Maximum Height (see B in Figure 15) 40 feet, subject to the following: 1. A freestanding sign within 200 feet of the right-of-way line of an elevated freeway or highway to which it is oriented may be erected up to 30 feet above the elevation of the elevated freeway or highway nearest the sign. 2. In addition, signs within two hundred feet of the right-of-way line and which can be read from Interstates 15 and 215, US 95 from the north city limits to the Oran K. Gragson Highway, the Oran K. Gragson Highway or Interstate 515 may be increased to a height equal to 80 feet, when authorized by the City Council, after review by the Planning Commission. Minimum Setback (see C in Figure 15) 5 feet from all property lines Additional Standards 1. All freestanding and monument signs on the same lot or in the same development shall maintain a minimum separation of 100 feet measured along the street frontage. (See D in Figure 15) 2. See also Residential Protection Standards in LVMC 19.08.120(C) 3. See also Design Standards for Freestanding Signs in LVMC 19.08.120(I) Illumination Permitted Internal and external illumination of freestanding signs is permitted except on a sign elevation facing and located within 200 feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use Certificate Required Yes Page 236 (Ord. 6562 § 6, 01/04/17) Figure 16 - Monument Signs 19.08.120(F)(17) Table 13. Monument Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 16) Standard P-O, O and C-D C-1, C-2, C-PB, C-M and M Maximum Number 1 sign per street frontage. 1. For lots adjacent to a freeway or expressway that have more than five hundred feet of frontage along the freeway or expressway, one additional sign is allowed along that frontage 1 sign per each two hundred lineal feet of street frontage or portion thereof 1. The total number of all freestanding and monument signs shall not exceed one per each two hundred lineal feet of street frontage or portion thereof Maximum Area 75 square feet 75 square feet Maximum Height 1. 8 feet, if less than 100 feet of frontage or 2. 10 feet, if 100 feet or more of frontage 10 feet Minimum Setback 5 feet from all property lines 5 feet from all property lines Additional Standards 1. See also Residential Protection Standards in LVMC 19.08.120(C). 1. All freestanding and monument signs on the same lot or in the same development shall maintain a minimum separation of 100 feet measured along the street frontage. 2.See also Residential Protection Standards in LVMC 19.08.120(C). Illumination Permitted Internal and external illumination. In addition, signs over 200 feet from property which is designated in the General Plan for future residential development may be animated or contain an electronic message unit NA Certificate Required Yes Yes Page 237 (Ord. 6562 § 6, 01/04/17) Page 238 Figure 17 - Window Signs 19.08.120(F)(18) Table 14. Window Signs Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 17) Standard P-O, O and C-D C-1, C-2, C-PB, C-M and M Maximum Number 1 sign per There is no specific limit on the number of signs Maximum Area Window signs shall not cover more than 25% of the total area of all windows located on a building elevation. In no case shall the combined area of both wall signs and window signs exceed the area permitted for wall signs Window signs shall not cover more than 25% of the total area of all windows located on a building elevation. The total combined area of all wall, window, roof, awning and marquee signs shall not exceed 20% of the building elevation to which they are attached Maximum Height NA NA Minimum Setback NA NA Illumination Permitted Internal and or direct external illumination, except on a building elevation facing and located within two hundred feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use. Animated and electronic message unit signs are prohibited Internal, external, animated and electronic message unit signs are permitted except on a building elevation visible from and located within two hundred feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use Certificate Required No No Page 239 (Ord. 6562 § 6, 01/04/17) Figure 18 - Wall Signs 19.08.120(F)(19) Table 15. Wall Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 18) Standard P-O , O, C-D and C-PB Maximum Number 1 sign per tenant or per building elevation, which faces a street or on- site parking area Maximum Area The total amount of wall signage allowed per building elevation is equivalent to 10% of the building elevation. In multi-tenant buildings, the 10% maximum sign area for each tenant will be based upon the portion of the building elevation of the leased or occupied area only A wall sign shall not extend more than 12 inches above top of wall, marquee or parapet to which it is attached Maximum Height NA Minimum Setback A wall sign shall not project more than 24 inches from the structure to which it is attached; where a wall sign projects from a building elevation, there shall be no additional message on the additional horizontal surface created by the projection Maximum Projection See also Residential Protection Standards in LVMC 19.08.120(C) Illumination Permitted Internal and or direct external illumination, except on a building elevation facing and located within two hundred feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use. Animated and electronic message unit signs are prohibited Certificate Required Yes Standard C-1, C-2, C-M and M Page 240 Table 15. Wall Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 18) Standard P-O , O, C-D and C-PB Maximum Number No specific limit on the number of signs, although total area limits apply Maximum Area The total amount of wall signage allowed per building elevation is equivalent to 20% of the building elevation. In multi-tenant buildings, the 20% maximum sign area for each tenant will be based upon that portion of the building elevation of the leased/occupied area only, except as may be approved through a Master Sign Plan Maximum Height A wall sign shall not extend more than 12 inches above top of wall, marquee or parapet to which it is attached Minimum Setback NA Maximum Projection A wall sign shall not project more than 4 feet from the structure to which it is attached. There shall be no additional message on the additional horizontal surface created by the projection Additional Standards 1. Signs shall be an integral part of or be supported by the wall or wall element (such as awning or marquee) to which they are attached. 2. See also Residential Protection Standards in LVMC 19.08.120(C) Illumination Permitted Internal and external illumination of wall signs is permitted except on a building elevation facing and located within 200 feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use Certificate Required Yes (Ord. 6562 § 6, 01/04/17) Page 241 Figure 19 - Canopy Signs 19.08.120(F)(20) Table 16. Canopy Signs Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 19) Standard P-O and O C-1, C-2, C-PB, C-M and M Maximum Number There is no specific limit on the number of signs, although total area limits apply There is no specific limit on the number of signs, although total area limits apply Maximum Area (see A in Figure 19) 25% of the area of the face of the canopy 25% of the area of the face of the canopy Illumination Permitted Internal and or direct external illumination, except on a building elevation facing and located within two hundred feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use. Animated and electronic message unit signs are prohibited Internal and external illumination, animated and electronic message units are permitted Certificate Required Yes Yes Page 242 Figure 20 - Consolidated Signs 19.08.120(F)(21) Table 17. Consolidated Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 20) Standard C-1, C-2, C-M and M Maximum Number Parcels of 5 acres or more in area, or parcels covered by a Master Sign Plan, that front on a street eighty or more feet in width, and qualify to have more than one freestanding sign along the same such street frontage, may consolidate the permitted sign area for all freestanding signs on the same street frontage into one consolidated sign, or as approved through a Master Sign Plan. If the development or commercial subdivision elects to consolidate the permitted freestanding signs, parcels containing individual freestanding buildings within the development or commercial subdivision shall be limited to one monument sign per street frontage in addition to the consolidated sign Maximum Area (see A in Figure 20) 2 square feet per lineal foot of street frontage, counting frontage on all abutting streets, up to one thousand square feet, or one thousand five hundred square feet if part of an approved Master Sign Plan Maximum Height (see B in Figure 20) 1. 50 feet 2. 80 feet, if approved as part of a Master Sign Plan Minimum Setback (see C in Figure 20) 5 feet from all property lines, measured from the leading edge of the sign Additional Standards 1. The erection of a consolidated sign requires a minimum of three tenants or individual uses on the same site. 2. See also Residential Protection Standards in LVMC 19.08.120 (C) Illumination Permitted Internal and external illumination, animated and electronic message units are permitted Certificate Required Yes Page 243 Figure 21 - Marquee Signs 19.08.120(F)(22) Table 18. Marquee Sign Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 21) Standard C-1, C-2, C-M and M Maximum Number 1 marquee sign per building elevation Maximum Area (see A in Figure 21) 1. 20% of the building elevation to which it is attached. 2. The total combined area of all wall, window, roof, awning and marquee signs shall not exceed 20% of the building elevation to which they are attached Maximum Height A marquee sign shall not extend beyond the top or sides of the building elevation to which it is attached Minimum Setback (see B in Figure 21) May project over public right-of-way, provided marquee maintains minimum setback of three feet from back of curb Minimum Clearance (see C in Figure 21) 8 feet from the ground to the bottom of the sign Additional Standards 1. Shall not be located on a building elevation oriented to adjoining residential property. 2. Subject to review by Department of Public Works, to the extent they extend over or near public right-of-way Illumination Permitted Internal, external, animated and electronic message unit signage Certificate Required Yes Page 244 Figure 22 - Message Boards 19.08.120(F)(23) Table 19. Message Board Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 22) Standard C-1, C-2, C-M and M Maximum Number If visible from the public right-of-way, 2 message board signs are permitted per drive-through lane where drive-through uses are permitted Maximum Area (see A and B in Figure 22) 1. 60 square feet for freestanding and 2. 24 square feet, or not more than 2% of the building elevation if attached, but coverage of the building elevation with all signs in no case shall exceed 20% Maximum Height (see C in Figure 22) 7 feet Minimum Setback 5 feet from all property lines Additional Standards Only the word "Menu" should be legible from the public right-of- way Illumination Permitted Direct white light or internal illumination permitted. For a site with a Master Sign Plan, other illumination may be permitted in accordance with the Master Sign Plan Certificate Required No Page 245 Figure 23 - Projecting Signs 19.08.120(F)(24) Table 20. Projecting Signs Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 23) Standard C-1, C-2, C-M and M Maximum Number 1 sign per entrance Maximum Area 32 square feet Maximum Height 1 foot above eave or rafter line, whichever is higher Minimum Setback A projecting sign may project over the public right-of-way, provided the projecting sign maintains a minimum setback of 3 feet measured from the back of the curb and such signs do not project more than 6 feet from the building elevation to which they are attached Minimum Clearance 8 feet from the ground to the bottom of the sign Additional Standards 1. Projecting signs shall not be permitted on property that has freestanding signs 2. Projecting signs shall be subject to review by the Department of Public Works to the extent they extend over or near the public right-of-way Illumination Permitted Internal, external, animated and electronic message unit signage Certificate Required Yes Page 246 Figure 24 - Roof Signs 19.08.120(F)(25) Table 21. Roof Signs Standards in Commercial and Industrial Districts 19.08.120(F) (see Figure 24) Standard C-1, C-2, C-M and M Maximum Number 1 sign per building elevation Maximum Area 20% of the building elevation to which the sign is most nearly parallel to, up to a maximum of 150 square feet. The total combined area of all wall, window, roof, awning and marquee signs shall not exceed 20% of the building elevation to which they are attached Maximum Height A roof sign shall not extend more than 8 feet above the top of wall, marquee or parapet to which it is attached. The total height of the building, including the sign, shall not exceed permitted height of the building in the zoning district in which it is located Minimum Setback NA Minimum Projection A roof sign shall not project horizontally more than 4 feet from the roof to which it is attached. There shall be no additional message on the additional horizontal surface created by the projection Additional Standards See also Residential Protection Standards in LVMC 19.08.120 (C) Illumination Permitted Internal, external, animated and electronic message unit signs are permitted except on a building elevation visible from and located within two hundred feet of property zoned or shown on the General Plan as planned for single-family residential (attached or detached) use Certificate Required Yes G. Temporary Signs Temporary signs are not constructed or intended for long term use. A limited number of temporary signs are permitted in commercial and industrial districts as follows: Page 247 19.08.120(G) Figure 25 - Special Event Signs 1. Special Event Signs (See Figure 25) a. General Standards. Special event signs may be approved by the Director for a limited time as a means of publicizing special events such as grand openings. i. Special event signs may include balloons, inflated devices, searchlights, pennants, portable signs, streamers and other similar devices. b. Certificate Required. A temporary sign certificate is required for a temporary special event sign. i. The certificate allows the holder to display temporary event signs on the lot where the event is to occur. Temporary special event signs may be displayed by the same business license holder on the same lot up to four times in any one calendar year. The aggregate time of display of such signs shall not exceed sixty days in any one calendar year. 19.08.120(G) Figure 26 - Political Signs 2. Political Signs (see Figure 26) a. Maximum area. 64 square feet per political sign. A political sign may be substituted for any other lawful sign, or political copy may be used to replace copy on any existing, conforming sign. b. Additional standards. i. Political signs shall be placed only on private property. ii. Political signs shall be designed and located in such a manner so that such signs do not interfere with or will be confused with a traffic control signal or sign, or obstruct the vision of traffic. iii. Political signs shall not be placed on any public property or right-of-way or posted on any utility pole or device. c. Certificate required. All political signs in excess of 32 square feet require a sign certificate. Other political signs do not require a sign certificate. d. Illumination permitted. Separate illumination of political signs in residential districts is not permitted. e. Removal. All political signs that relate to an election shall be removed within 15 days after the election to which they pertain. Signs supporting a candidate who loses a primary election or wins a nonpartisan race in a primary election with more than 50 percent of the vote shall be removed within 15 days after the primary election. I. The person or persons who are responsible for the erection, placement or distribution of any political sign, including the person whose candidacy the sign supports, are jointly and severally responsible for the removal of the political sign and the cost thereof. Page 248 II. If any sign is not removed within the time period set forth above, the City may, upon 5 days written notice to a candidate or other person responsible, remove and dispose of any such sign. The City shall certify the removal and may charge the candidate or other person responsible for the City's cost for the removal. Removal charges shall be paid within 30 days after receipt of a statement of charges. 19.08.120(G) Figure 27 - Construction Signs 3. Construction Signs (see Figure 27) a. Maximum number. One construction sign per development per street frontage. i. Where two construction signs are located on a corner lot, such signs shall be separated by not less than 50 feet. b. Maximum area. 300 square feet in sign area. c. Maximum height. 18 feet. d. Minimum clearance from bottom of the sign to ground. 8 feet. e. Minimum setback. 10 feet from any public right-of-way. f. Additional standards. i. Construction signs shall be freestanding signs and firmly secured in the ground, as approved by the Building Official. ii. Construction signs are not permitted on residentially zoned property. g. Illumination permitted. No. h. Certificate required. i. A temporary sign certificate is required. The certificate application shall be accompanied by a site or location plan which clearly depicts the location of the proposed sign; a description, drawing or picture of the proposed sign and a description of the means by which it will be secured; and ii. The certificate is valid for up to 12 months or until the construction is complete, whichever occurs first. At that time, the sign shall be removed unless a new certificate has been obtained. The property owner(s) and the certificate holder, if the latter is not the property owner(s), shall each be responsible for the maintenance and removal of the sign. Page 249 19.08.120(G) Figure 28 - Real Estate Signs Advertising Commercial Property 4. Real Estate Signs Advertising Commercial Property (see Figure 28) a. Types and maximum number. For any particular development or property for sale or lease, signs may be either freestanding signs or banner signes, but not both. The following limits shall apply: i. Freestanding signs. One real estate sign per development or property for sale or lease per street frontage for parcels five acres or less in area, plus one additional sign for each additional five acres of parcel area. ii. Banner signs. Two real estate signs per development or property for sale or lease per street frontage for parcels 2.5 acres or less in area, plus one additional sign for each additional 2.5 acres of parcel area. b. Maximum area. i. Unimproved lots. 40 square feet per sign, or with an approved temporary sign certificate, such sign(s) may be up to 80 square feet in area for lots 20,000 square feet or less in area, plus an additional 40 square feet of sign area for each 20,000 additional square feet of lot area. In no case shall the aggregate sign area of all such permitted signs or the area of a single sign exceed 300 square feet. ii. Improved lots. 64 square feet. c. Maximum height-freestanding sign. 18 feet. d. Minimum setback-freestanding sign. 10 feet from any public right-of-way. e. Illumination permitted. No. f. Additional standards. i. Real estate signs shall be subject to the provisions of LVMC 19.08.120(C). ii. Banner signs must be affixed to an existing building. g. Certificate required. i. A temporary certificate is required for signs in excess of 40 square feet. ii. The certificate is valid until the property or the last unit is sold or leased. At that time, the sign shall be removed. The property owner(s) and certificate holder, if the latter is not the property owner(s), shall each be responsible for the maintenance and removal of the sign. (Ord. 6221 §2, 10/17/12) H. Supergraphic Signage 1. General Provisions. Page 250 a. Supergraphic signage is permitted within the City, but only within the boundaries of the Downtown Las Vegas Overlay District , as described in LVMC 19.10.110, and only in accordance with this Subsection (H). b. Supergraphic signage shall be limited to buildings occupied by one or more commercial uses, and shall not be located on multifamily residential buildings, mixed-use buildings with a residential component, or unoccupied buildings of any kind. c. Supergraphic signage shall be limited to buildings or building towers with a minimum height of 9 stories and a minimum gross floor area of 120,000 square feet. d. Supergraphic signage may not include off-premise messages and is limited to on-premise messages that identify, announce or advertise the specific principal business operations or attractions that are housed on the premises of the building to which the signage is attached. e. No standard contained in this Paragraph (1) or in Paragraph (2) below may be waived or an exception or variance therefrom granted. 2. Dimensional and Other Standards a. Minimum area. Supergraphic signage shall have a minimum area of 1,500 square feet. b. Maximum area. None. c. Maximum height. Supergraphic signage shall not extend above the roof or parapet of the building to which it is attached. Supergraphic signage shall be located a minimum height of 15 feet above the grade of the abutting sidewalk or the average finished grade of the subject property, whichever is greater. d. Maximum projection. Supergraphic signage (as well as any supporting structure) shall not project more than 5 feet from the façade of the building to which it is attached. Any projection from the building façade that extends over the public right-of-way may be subject to the approval of an encroachment agreement. e. Maximum number. A maximum of 3 supergraphic signs may be permitted per qualifying building or building tower, with no more than one supergraphic sign per building or building tower elevation. f. Illumination. i. Supergraphic signage may be illuminated externally. Lighting fixtures used for external illumination shall be shielded so that the light source is not directly visible from adjacent properties or the public rights-of- way. Lighting shall be focused directly on the supergraphic signage and shall not extend to adjacent buildings or properties. ii. Supergraphic signage located within the boundaries of the Downtown Casino Overlay District, the Downtown Entertainment Overlay District or the Scenic Byway Overlay District, as defined in LVMC Chapter 19.10, shall be exempt from the requirements for animation or neon illumination. iii. Supergraphic signage utilizing LED illumination shall be limited to static images that change no more frequently than once every 6 seconds. Such illumination shall adjust brightness automatically in response to changes in surrounding light levels so as not to be unreasonably bright. At no time shall the brightness of LED illumination exceed 300 nits. Illumination shall also be subject to all applicable Federal and State standards that govern the illumination of signs near Federal and State highways and that are more restrictive than the limitation set forth in the preceding sentence. g. Orientation. i. Las Vegas Boulevard Scenic Byway Overlay District. Supergraphic signage for properties within the boundaries of the Las Vegas Boulevard Scenic Byway Overlay District shall not be permitted on any building elevation that directly fronts or is parallel to Las Vegas Boulevard. ii. All other districts. Supergraphic signage may be oriented in any direction unless otherwise specifically restricted in connection with the approval of a Master Sign Plan or the issuance of a sign certificate. iii. Residential protection standards. To reduce impacts to residential properties, supergraphic signage shall not be oriented towards any adjacent "R"-zoned residential properties. Page 251 h. Maintenance. Supergraphic signage shall be maintained in compliance with all building codes and with the requirements of this Chapter at all times. Supergraphic signage that is faded, torn, ripped, or any similar state of deterioration shall be removed, repaired, or replaced within 30 days after written notice from the City to do so. Supergraphic signage that has been determined by the building official to be a safety hazard shall be repaired or removed within 72 hours after notice from the City to do so. 3. Review and Approval Procedures a. Certificate Required. All supergraphic signage shall require the approval of a sign certificate. No supergraphic signage shall be installed unless a sign certificate has been obtained. b. Master Sign Plan Required. Approval of a Master Sign Plan application, in accordance with the requirements listed in LVMC 19.16.270, shall be required for all supergraphic signage. The Master Sign Plan shall illustrate how the supergraphic signage will be integrated with the architectural features of the subject building, and with any other types of existing or future signage proposed for the site. c. Signage in Certain Overlay Districts. Applications for supergraphic signage within the Downtown Casino Overlay District, the Downtown Entertainment Overlay District and the Las Vegas Boulevard Scenic Byway District, as defined in LVMC Chapter 19.10, are exempt from review by the Downtown Design Review Committee (DDRC). (Ord. 6250 §1, 05/01/13) (Ord. 6608 §2, 12/06/17) I. Design Standards for Freestanding Signs The purpose and intent of these criteria are to: improve the appearance of the vertical elements and supporting structures of freestanding signs, provide for the use of materials, textures and finishes that complement the architecture of the principal buildings on the same site as the freestanding sign, and to provide for the utilization of architectural features and elements that complement the architectural context of the site in which the freestanding sign is located. In order to further the purpose of this Section, the vertical elements and supporting structures of freestanding signs shall: 1. Be constructed of materials that are similar or complementary to the materials utilized on the facade of the principal building on the same site; 2. Utilize architectural features and elements that are similar or complementary to the architecture of the principal building on the same site; 3. Utilize colors, finishes or textures that are similar or complementary to the architecture of the principal building on the dame site; and 4. Consist of either two or more supports or of one continuous support which maintains the appearance of ground contact for at least three feet or 20 percent of the width of the sign, whichever is smaller. Page 252 19.09 FORM-BASED CODE (Ord. 6649, 10/17/2018) Contents: 19.09.010 PREAMBLE 19.09.010.A Introduction 19.09.010.B What is a Form-Based Code? 19.09.010.C The Rural-to-Urban Transect: The Framework for the Form-Based Code 19.09.010.D Overview of the Guiding Principles for the Form-Based Code 19.09.010.E Organization of the Form-Based Code 19.09.010.F How to Use the Form-Based Code 19.09.020 PURPOSE AND INTENT 19.09.020.A Title 19.09.020.B Purpose of the Form-Based Code 19.09.020.C Authority 19.09.020.D Applicability 19.09.020.E Responsibility for Administration 19.09.030 ADMINISTRATION AND PROCEDURES 19.09.030.A Purpose 19.09.030.B Applicability 19.09.030.C Application Review Procedures 19.09.030.D Subdivision of Land 19.09.030.E Vacations 19.09.030.F Rezoning 19.09.030.G Site Development Plan Review 19.09.030.H Special Use Permit 19.09.030.I Administrative Deviation 19.09.030.J Waiver 19.09.030.K Variance 19.09.030.L Development Agreement 19.09.030.M Miscellaneous Permits 19.09.030.N Master Sign Plan 19.09.030.O Nonconformities 19.09.030.P Enforcement 19.09.030.Q Extension of Time 19.09.030.R Definitions 19.09.040 SPECIFIC TO DISTRICTS 19.09.040.A Purpose 19.09.040.B Applicability 19.09.040.C District-specific Standards for Street Trees 19.09.040.D 18B Las Vegas Arts District (Placeholder) Page 253 19.09.040.E Cashman District (Placeholder) 19.09.040.F Civic & Business District (Placeholder) 19.09.040.G Design District (Placeholder) 19.09.040.H Founders District (Placeholder) 19.09.040.I Fremont East (Placeholder) 19.09.040.J Gateway District (Placeholder) 19.09.040.K Historic Westside (Placeholder) 19.09.040.L Las Vegas Medical District 19.09.040.M Market District (Placeholder) 19.09.040.N Resort & Casino District (Placeholder) 19.09.040.O Symphony Park District (Placeholder) 19.09.050 TRANSECT ZONES 19.09.050.A Purpose 19.09.050.B Applicability 19.09.050.C Establishment of Transect Zones 19.09.050.D Transect Zones Overview 19.09.050.E Transect Zones 19.09.050.F Special Districts 19.09.060 BUILDING TYPE STANDARDS 19.09.060.A Purpose 19.09.060.B Applicability 19.09.060.C Building Types Overview 19.09.070 FRONTAGE TYPE STANDARDS 19.09.070.A Purpose 19.09.070.B Applicability 19.09.070.C Frontage Types Overview 19.09.070.D Arcade 19.09.070.E Common Yard 19.09.070.F Dooryard 19.09.070.G Forecourt 19.09.070.H Gallery 19.09.070.I Porch: Engaged 19.09.070.J Porch: Projecting 19.09.070.K Shopfront 19.09.070.L Stoop 19.09.070.M Terrace 19.09.080 CIVIC SPACE STANDARDS 19.09.080.A Purpose 19.09.080.B Applicability 19.09.080.C Civic Space Types Overview 19.09.080.D Greenway (Placeholder) 19.09.080.E Urban Park Page 254 19.09.080.F Square 19.09.080.G Plaza 19.09.080.H Pocket Plaza 19.09.080.I Pocket Park 19.09.080.J Community Garden 19.09.080.K Playground 19.09.090 THOROUGHFARE TYPE STANDARDS 19.09.090.A Purpose 19.09.090.B Applicability 19.09.090.C Thoroughfare Standards Overview 19.09.090.D 18b Las Vegas Arts District Thoroughfare Plan (Placeholder) 19.09.090.E Cashman District Thoroughfare Plan (Placeholder) 19.09.090.F Civic & Business District Thoroughfare Plan (Placeholder) 19.09.090.G Design District Thoroughfare Plan (Placeholder) 19.09.090.H Founders District Thoroughfare Plan (Placeholder) 19.09.090.I Fremont East District Thoroughfare Plan (Placeholder) 19.09.090.J Gateway District Thoroughfare Plan (Placeholder) 19.09.090.K Historic Westside District Thoroughfare Plan (Placeholder) 19.09.090.L Las Vegas Medical District Thoroughfare Plan 19.09.090.M Market District Thoroughfare Plan (Placeholder) 19.09.090.N Resort & Casino District Thoroughfare Plan (Placeholder) 19.09.090.O Symphony Park District Thoroughfare Plan (Placeholder) 19.09.100 SUPPLEMENTAL TO TRANSECT ZONES 19.09.100.A Purpose 19.09.100.B Applicability 19.09.100.C Fencing and Screening Standards 19.09.100.D Flood Control and LID Standards 19.09.100.E Landscaping Standards 19.09.100.F Outdoor Lighting Standards 19.09.100.G Parking Standards 19.09.100.H Sign Standards 19.09.100.I Incentives for Development Under the Form-Based Code (Placeholder) 19.09.100.J Additional Standards for Large Developments 19.09.010 PREAMBLE THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.010.A Introduction Page 255 19.09.010.B What is a Form-Based Code? 19.09.010.C The Rural-to-Urban Transect: The Framework for the Form-Based Code 19.09.010.D Overview of the Guiding Principles for the Form-Based Code 19.09.010.E Organization of the Form-Based Code 19.09.010.F How to Use the Form-Based Code 19.09.010.A Introduction The Vision 2045 Downtown Las Vegas Master Plan (Downtown Master Plan) adopted by the City Council on July 15, 2016 is the policy document that provides an overall vision, policy direction, and implementation strategy in support of the ongoing recovery and revitalization of the Downtown region. The Downtown Master Plan envisions and encourages downtown Las Vegas to achieve a compact, vibrant urban environment, with a focus on higher density mixed-use development around transit hubs and activity nodes. The Master Plan is intended to enable an energetic urban way of life and high-quality physical environment for locals and visitors alike. To better anticipate growth and change, the Master Plan includes an expanded study area and includes 12 downtown planning districts including the addition of the Las Vegas Medical District and other peripheral areas to the Downtown (See Figure B-1 Districts Within the Downtown Las Vegas Overlay District). Adopted under the requirements of the Las Vegas Municipal Code, and other applicable laws, the Form-Based Code establishes the new form-based standards for the area of the City included within the Downtown Las Vegas Overlay (DTLV-O) established in LVMC Section 19.10.110. The Form-Based Code applies to the Downtown Las Vegas Overlay District which encompasses the 12 Downtown Districts listed in Section 19.09.020.B (Purpose of the Code). Over time a Regulating Plan and Form-Based Code will be applied to each of these 12 Downtown Districts, and when adopted, the existing base zones within each District and the standards in the Interim Downtown Las Vegas Development Standards will be replaced by the standards included in the Form-Based Code. The Form-Based Code has been designed so it can be easily updated as new Transect Zones within the Downtown Form-Based Code are incrementally added. 19.09.010.B What is a Form-Based Code? A Form-Based Code (FBC) is a placed-based planning approach that supports walkable, mixed-use, and compact urban environments rather than suburban development and sprawl. A FBC is an alternative to a conventional zoning code. The Form-Based Code Institute defines a FBC as a "land development regulation that fosters predictable results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law. A form-based code offers a powerful alternative to conventional zoning regulation". A FBC controls and regulates building form first and building use second through city (or county) regulations, to achieve an anticipated type of built environment or "place" based on a community vision. A FBC addresses the relationship between building facades and the public realm (i.e. the public and private space between buildings), the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. Regulations and standards in a FBC are presented graphically in simple diagrams and photographs as well as supplemental text. These standards are keyed to a plan (i.e. a Regulating Plan) that functions like a zoning map that assigns an appropriate form and scale (i.e. the character) of development, rather than only distinctions in land use types (see Figure B-1). So, while FBCs focus on an intended physical form they do also regulate use by allowing an appropriate range of uses chosen to ensure compatibility between uses and the intended physical form of the zone. Page 256 Figure B-1 Illustrative Pages and a Regulating Plan from Form-Based Codes An important aspect of a FBC is that they are not just design guidelines; indeed, they replace the existing zoning standards and regulations and have the same regulatory effect as any other zoning regulation. FBCs are now being utilized by cities, towns, and counties across the country as communities are finding that conventional zoning is not fulfilling their needs. This is because most zoning regulations fail to implement a community's vision or plans for the future. Like Las Vegas, many city residents are concerned about sprawl and its impact on health, city financial resources, and the environment, including the amount of time (and its associated cost) spent in traffic. FBCs differ from conventional zoning codes in terms of the process by which they are prepared, the substance of the standards they contain and how those standards are presented, the mechanism by which they are implemented, and the built form they produce. In summary, a FBC is a regulatory tool drafted to implement a community vision or plan that allows a community to approach the urban environment holistically by establishing standards, for buildings, streets and sidewalks, parks, and parking as examples, that address the design and regulation of both private and public space. 19.09.010.C The Rural-to-Urban Transect: The Framework for the Form-Based Code The Rural-to-Urban Transect is an organizing principle used in Form-Based Codes to establish a hierarchy of environments or places based on their character. The designation of each zone along this hierarchy is first determined by the character, form, intensity of development, and type of environment, and secondly, by the uses allowed within the environment. This hierarchy of environments is used as the organizing framework for the FBC rather than the use of land use categories, which are typically used in conventional or Euclidean zoning as the organizing framework. The typical transect for American towns is divided into six Transect Zones (frequently referred to as "T-zones"), each of which is given a number with the lower numbers designating more rural/natural zones and higher numbers designating more urban zones, and which are arranged from most natural to most urban, as follows: Natural (T1), Rural (T2), Sub- Urban (T3), General Urban (T4), Urban Center (T5), and Urban Core (T6), together with a Special District (SD) designation for places with specialized purposes (e.g., heavy industrial, entertainment, or university districts). See Figure C-1. The transect for Las Vegas is illustrated in Figure C-2. Page 257 Figure C-1 The Rural-to-Urban Transect The rural-to-urban transect illustrating from left to right a continuum of environments (places) from the most rural to the most urban. Source: Duany Plater-Zyberk & Company Page 258 Figure C-2 The Las Vegas Transect Page 259 19.09.010.D Overview of the Guiding Principles for the Form-Based Code The following design objectives are reflected in the Form-Based Code standards: 1. Encourage a variety of housing types, development styles, and uses that provide diversity and visual interest in the Downtown Overlay District while preserving the City's desired character; 2. Encourage design, massing, and development standards that promote walkable urban cores; 3. Encourage high quality streetscape design that activates the public realm through pedestrian-oriented and multimodal practices; 4. Encourage the development of neighborhoods that provide a high-quality living environment and generate civic pride; 5. Encourage building design that complements surrounding development; 6. Encourage facades to be designed to include entries, porches, and other architectural elements that are oriented to, and appropriate for, pedestrians; and 7. Encourage the preservation of areas of the City with unique historic character and context as well as traditional single-family residential neighborhoods. 19.09.010.E Organization of the Form-Based Code 1. The following advisory text is intended to give a brief overview of the overall structure of Chapter 19.09 (Form-Based Code). 2. Section 19.09.010 - Preamble The preamble introduces the context for the Form-Based Code within the Downtown Las Vegas Overlay District. It includes a brief overview of a FBC and the use of Transect Zones, describes guiding principles for the FBC and how it is organized, and concludes with a short description of how to use the Code. 3. Section 19.09.020 - Purpose and Intent Establishes the legal foundation for the FBC and includes an overview of its purpose, organization, authority, responsibility for administration, and applicability. 4. Section 19.09.030 - Administration and Procedures Provides a cross-reference to the City's existing processes by which development is permitted by the City and the requirements related to specific types of submittals unique to the FBC. It also provides a cross-reference to the City's existing enforcement procedures. 5. Section 19.09.040 - Specific to Districts Identifies the standards that are unique to specific Districts. 6. Section 19.09.050 - Transect Zones Standards Establishes the Transect Zones and Special District Zones for the Downtown Las Vegas Overlay District, with detailed development standards specific to each zone. 7. Section 19.09.060 - Building Types Standards Provides an overview of a wide range of pre-approved building types that are appropriate for walkable, transit- supportive urban environments in the Downtown Las Vegas Overlay District. 8. Section 19.09.070 - Frontage Type Standards Establishes standards for a range of pre-approved building frontages that provide an important transition between the public street and the private frontages of buildings. 9. Section 19.09.080 - Civic Space Standards Page 260 Establishes a range of pre-approved civic space types intended to be integrated into medium and large projects in the Downtown Las Vegas Overlay District. 10. Section 19.09.090 - Thoroughfare Standards Establishes a range of pre-approved standards for creating complete streets to reinforce walkable communities by providing access to multiple modes of transportation. 11. Section 19.09.100 - Supplemental to Transect Zones Provides a cross-reference to the City's existing development standards that will also apply within the Transect Zones, including for example, fencing and screening standards, landscaping standards, parking standards, sign standards, and a placeholder for development incentives. 19.09.010.F How to Use the Form-Based Code The basic steps a user would follow for the development of a new project using the Form-Based Code are illustrated in Figure F-1. Figure F-1 How to Use the Form-Based Code Typical FBC procedure flow. Instructions Section Title If your property needs to be subdivided, follow the procedures and requirements for subdividing land ↓ 19.16.040 19.16.050 19.16.060 Parcel Map, Tentative Map, and Final Map Find the Transect Zone for your parcel and comply with the standards specific to the Zone ↓ 19.09.050 Transect Zone Standards Find and comply with the standards specific to your District ↓ 19.09.040 Specific to Districts Select the building type from the types allowed in the Transect Zone ↓ 19.09.060 Building Type Standards Apply building setbacks to the lot to be developed, as well as applicable building height, parking, etc. standards ↓ 19.09.050 Transect Zones Standards Select the standards specific to the frontage type that will be used and apply them to the building ↓ 19.09.070 Frontage Type Standards Select the civic space and or thoroughfare standards that may apply to the development ↓ 19.09.080 19.09.090 Civic Space Standards Thoroughfare Standards Follow the permit procedures and comply with the requirements for a permit application 19.09.030 Administration and Procedures Page 261 19.09.020 PURPOSE AND INTENT THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.020.A Title 19.09.020.B Purpose of the Form-Based Code 19.09.020.C Authority 19.09.020.D Applicability 19.09.020.E Responsibility for Administration 19.09.020.A Title Chapter 19.09 of the Las Vegas Unified Development Code shall be known and may be cited as the Form-Based Code. Within this Chapter, it may also be known as the "FBC." 19.09.020.B Purpose of the Form-Based Code 1. The Form-Based Code for Downtown Las Vegas is a component of the City of Las Vegas Unified Development Code (UDC) developed to implement the Vision 2045 Downtown Las Vegas Master Plan (Downtown Master Plan). The Downtown Master Plan provides an overall vision, policy direction and implementation strategy that supports the ongoing recovery and revitalization of the Downtown as a compact and vibrant urban environment with a focus on higher density mixed-use development centered around transit hubs and activity nodes. 2. The Downtown Master Plan includes strategic priorities for economic growth and development of the Las Vegas Downtown. Specific local government initiatives are identified, including: a. Land Use Regulation Reform of the land use regulatory process with, for example, clear standards and procedures to ensure more predictable outcomes and expedited approvals for targeted projects, removal of overlapping layers of regulation, improved development standards, and adoption of a comprehensive Zoning Code that employs form-based standards aligned with the Master Plan to focus on placemaking, encourage walkable urban environments, and support development of mixed-use transit hubs; b. Redevelopment Sites Incentivized development of priority redevelopment sites and an aggressive pursuit of catalytic projects to stimulate sustainable private investment and facilitate the production of housing in the Downtown with an emphasis on mid-rise urban housing and vertical mixed-use development directed toward strategic infill and priority redevelopment sites; c. Community Development Downtown's livability is dependent on expanding community resources, including the provision of comprehensive services that address the civic, social service, healthcare, educational, and recreational needs of the community through community partnerships; and d. Downtown Enhancement Page 262 Enhancement of the Downtown environment through a coordinated program of public realm improvements and implementation of programs designed to encourage private property improvements. A regulatory structure to maintain Downtown's unique history and culture is needed to facilitate historic preservation and support restoration of individual properties and districts. 3. The FBC is intended to promote development that is place-based, i.e. specifically intended to be compatible with the form and character of a geographic area. Secondarily, the FBC carefully regulates uses to maximize compatibility between those uses and the intended physical form of the zone in which they are located. Thus, the FBC will be used to reinforce existing, or to create new, walkable mixed-use urban environments in a form that is comprehensive, straightforward, and easily understood. 4. The FBC establishes Transect Zones and Building Types, Frontage Types, Civic Space Types, and Thoroughfare Standards that apply within the 12 Districts of the Downtown Las Vegas Overlay District (LVMC Section 19.10.110), see Figure B-1 and listed below: a. Las Vegas Medical District; b. 18B Las Vegas Arts District; c. Fremont East District; d. Cashman District; e. Civic and Business District; f. Design District; g. Founders District; h. Gateway District; i. Historic Westside District; j. Market District; k. Resort and Casino District; and l. Symphony Park District. 5. Section 19.09.040 (Specific to Districts) includes unique standards that are applicable in specific Downtown Districts. Page 263 19.09.020.C Authority The Form-Based Code is enacted based on the authority vested in the City of Las Vegas by the Nevada Revised Statutes (NRS), including NRS Chapter 278, in compliance with LVMC Section 19.00.020 (Authority). Page 264 19.09.020.D Applicability 1. In the manner described by this Section, the FBC applies only to the Downtown Las Vegas Overlay District established in LVMC Section 19.10.110 which encompasses the 12 Downtown Districts listed in Section 19.09.020.B (Purpose of the Code). The provisions of this Chapter apply to property only as and when is rezoned to the FBC designation established by this Chapter. In addition, provisions of this Chapter that apply to the process of rezoning property to the FBC designation shall apply to the application and processing thereof. It is intended that the City will begin the process of implementing the FBC designation with a pilot area located within the Las Vegas Medical District, generally located west of the I-15 right-of-way to Rancho Drive, between Alta Drive and Charleston Boulevard. Over time a Form-Based Code with applicable Transect Zones mapped on the Zoning Map will be applied to each of these 12 Downtown Districts. As each District FBC is adopted, the existing base zones within each District and the standards in the Interim Downtown Las Vegas Development Standards will be replaced by the standards in the Form-Based Code 2. In addition to all applicable federal, state, and county laws and regulations governing land use and development, this FBC applies to all land designated as FBC within the Downtown Las Vegas Overlay District 3. The standards in the FBC apply to the following: a. All proposed new development within the Transect Zones; a. All proposed new development within the Transect Zones; b. All additions to existing developments that increase the building footprint by 10 percent or more; c. A facade renovation to the primary or secondary street frontage of an existing building; and d. Improvements to pedestrian or vehicular access. 4. Whenever any provisions within the FBC impose overlapping or contradictory regulations, or whenever any provisions of the FBC and any other City code, rule, or regulation impose overlapping or contradictory regulations, the provision which is more restrictive or imposes higher standards or requirements shall govern, so that in all cases the most restrictive provision shall apply. 5. This Chapter has been designed so it can be easily updated as new Transect Zones and associated standards for Downtown Las Vegas Overlay Districts are incrementally added. 19.09.020.E Responsibility for Administration 1. Responsible Bodies and Individuals This Form-Based Code shall be administered by the Director of the Department of Planning in compliance with LVMC Section 19.00.070 (Administration). 2. Exercise of Discretion In the event that a provision of the FBC allows the Review Authority (responsible body or individual) to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used: a. The proposed development complies with all applicable provisions of Chapter 19.09 (Form-Based Code); b. The exercise of discretion will ensure the compatibility of the proposed development with its site, surrounding properties, and the community; and c. The decision is consistent with the Downtown Master Plan. 19.09.030 ADMINISTRATION AND PROCEDURES THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK Page 265 . Contents: 19.09.030.A Purpose 19.09.030.B Applicability 19.09.030.C Application Review Procedures 19.09.030.D Subdivision of Land 19.09.030.E Vacations 19.09.030.F Rezoning 19.09.030.G Site Development Plan Review 19.09.030.H Special Use Permit 19.09.030.I Administrative Deviation 19.09.030.J Waiver 19.09.030.K Variance 19.09.030.L Development Agreement 19.09.030.M Miscellaneous Permits 19.09.030.N Master Sign Plan 19.09.030.O Nonconformities 19.09.030.P Enforcement 19.09.030.Q Extension of Time 19.09.030.R Definitions 19.09.030.A Purpose This Section provides procedures and requirements for the preparation, filing, and processing of planning applications and other entitlements required by the Form-Based Code 19.09.030.B Applicability The review processes for all planning applications within the Downtown Las Vegas Overlay District (LVMC Section 19.10.110) are set forth in LVMC Chapter 19.16 (Applications and Procedures). 19.09.030.C Application Review Procedures The filing and review of all planning applications within the Downtown Las Vegas Overlay District must comply with LVMC Section 19.16.010 (General Requirements). 19.09.030.D Subdivision of Land 1. For a division of real property into four or fewer lots, the submittal, approval and recordation of a parcel map is required in compliance with LVMC Section 19.16.040 (Parcel Map). 2. For a division of land that does not meet the criteria for a parcel map established in LVMC Section 19.16.040 (Parcel Map), the applicant shall file a tentative map for the subdivision of land in compliance with LVMC Section 19.16.050 (Tentative Map). 3. A final map, prepared in compliance with the approved tentative map, or a series of final maps each covering a portion of an approved tentative map, must be submitted in compliance with the provisions of NRS Chapter 278, LVMC 19.16.050 (O), and the requirements contained in LVMC Section 19.16.060 (Final Map). Page 266 4. For reversions of real property to unsubdivided acreage, the provisions of LVMC Section 19.16.070 (Reversionary Map) shall apply. 19.09.030.E Vacations Procedures for the vacation of a public street or easement are established in LVMC Section 19.16.080 (Vacations). 19.09.030.F Rezoning Procedures for rezoning real property are established in LVMC Section 19.16.090 (Rezoning). 19.09.030.G Site Development Plan Review A Site Development Plan Review, either Minor or Major, is required for all development within the Downtown Las Vegas Overlay District in compliance with LVMC Section 19.16.100 (Site Development Plan Review). 19.09.030.H Special Use Permit The Planning Commission may approve, approve with conditions, or deny an application for a Special Use Permit for those uses listed in Section 19.09.050.E (Transect Zones) in compliance with LVMC Section 19.16.110 (Special Use Permit). 19.09.030.I Administrative Deviation The Director may grant an Administrative Deviation in compliance with LVMC Section 19.16.120 (Administrative Deviation). 19.09.030.J Waiver An applicant may apply for a Waiver if it is determined that specific development standards cannot be met. The Planning Commission may approve, approve with conditions, or deny an application for a Waiver in compliance with LVMC Section 19.16.130 (Waiver). 19.09.030.K Variance The Planning Commission and the City Council may act upon a Variance application in compliance with LVMC Section 19.16.140 (Variance). 19.09.030.L Development Agreement Procedures that enable the City Council to enter into a Development Agreement are established in LVMC Section 19.16.150 (Development Agreements). 19.09.030.M Miscellaneous Permits 1. The procedure for the issuance of a Temporary Commercial Permit for certain short-term activities is established in LVMC Section 19.16.160 (Temporary Commercial Permit). 2. The procedure for the issuance of a Temporary Sign Permit is established in LVMC Section 19.16.170 (Temporary Sign Permit). 3. The procedure for the issuance of a Home Occupation Permit is established in LVMC Section 19.16.180 (Home Occupation Permit). 4. The procedure for the issuance of a Model Home Permit is established in LVMC Section 19.16.190 (Model Home Permit). Page 267 5. The procedure for the issuance of a Sign Certificate is established in LVMC Section 19.16.200 (Sign Certificate). 19.09.030.N Master Sign Plan The procedure for the approval of Master Sign Plan is established in LVMC Section 19.16.270 (Master Sign Plan). 19.09.030.O Nonconformities 1. Uses, structures, parcels, and lots that were lawful before the adoption or amendment of the FBC, and which become nonconforming by reason of the adoption of the FBC, must comply with LVMC Chapter 19.14 (Nonconforming Uses and Structures). 2. Any use or structure that was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction, and which does not conform to the applicable regulations of this FBC, is not a nonconforming use or structure, and the use or structure is in violation of this Title. 3. Reinvestment in nonconforming structures and associated uses in Transect Zones to achieve public safety, environmental, economic, or fiscal benefits in concert with the goals of the Downtown Master Plan is encouraged. Nonconforming structures and associated uses in Transect Zones may be expanded, enlarged, and improved in a manner that is not entirely consistent with the requirements of LVMC Chapter 19.14 (Nonconforming Uses and Structures) if a Major Site Development Plan is approved and the following findings are made by the Planning Commission and City Council: a. At least one of the following benefits is provided to the community: demonstrable economic, fiscal, public health, safety, or environmental benefit; b. The change does not result in a significant increase in the overall intensity of use beyond the existing use(s); c. The change expands the existing footprint by no more than 10 percent (Refer to Section 19.09.020.D.3); in the case that the expansion, enlargement, or improvement will decrease the nonconformity, this maximum change in footprint is increased to 20 percent. d. Any expansion or extension in the life of any nonconforming use results solely from the improved operational efficiency and is incidental to the primary purpose of improving public health and safety or providing economic, fiscal, or environmental benefit; e. Compliance with the number of parking spaces required may not be prioritized over other standards during review of these exceptions for nonconforming structures and associated uses in Transect Zones; and f. Any changes will not unreasonably impede the long-term implementation of the Downtown Master Plan because at least one of the following apply: i. There are significant vacant or underutilized properties in the area available or likely to become available in the near term for development consistent with the Downtown Master Plan; ii. The infrastructure necessary to support the long-term development of the area is incomplete; or iii. The improvements will not significantly impair the ability of market forces to drive the transition to new uses and development opportunities consistent with the Downtown Master Plan's long-term vision. 19.09.030.P Enforcement The Director is responsible for applying, administering, and enforcing the provisions of this Chapter in compliance with LVMC Section 19.00.090 (Enforcement). 19.09.030.Q Extension of Time An applicant's request for an extension of time must be filed with the Director before expiration of the permit or approval, together with the required filing fee in compliance with LVMC Section 19.16.260 (Extension of Time). Page 268 19.09.030.R Definitions All terms used in Chapter 19.09 (Form-Based Code) are included in LVMC Chapter 19.18 (Definitions and Measures). Page 269 19.09.040 SPECIFIC TO DISTRICTS THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.040.A Purpose 19.09.040.B Applicability 19.09.040.C District-specific Standards for Street Trees 19.09.040.D 18B Las Vegas Arts District (Placeholder) 19.09.040.E Cashman District (Placeholder) 19.09.040.F Civic & Business District (Placeholder) 19.09.040.G Design District (Placeholder) 19.09.040.H Founders District (Placeholder) 19.09.040.I Fremont East (Placeholder) 19.09.040.J Gateway District (Placeholder) 19.09.040.K Historic Westside (Placeholder) 19.09.040.L Las Vegas Medical District 19.09.040.M Market District (Placeholder) 19.09.040.N Resort & Casino District (Placeholder) 19.09.040.O Symphony Park District (Placeholder) 19.09.040.A Purpose The purpose of this Section is to consolidate any unique regulatory standards that are applicable to specific Districts within the Downtown Las Vegas Overlay District (LVMC Section 19.10.110) such as land use regulation, signage, parking, streetscape or landscaping standards, to ensure that proposed development with the Transect Zones is also consistent with District specific standards in the Unified Development Code that support the character, scale, and special requirements of the Downtown Districts. Whenever differences occurr between the District-specific standards listed in LVMC 19.09.040 (Specific to Districts) and other provisions listed in 19.09, the District-specific standards shall apply. 19.09.040.B Applicability The standards in this Section apply to all proposed development in each of the Downtown Districts within the Downtown Las Vegas Overlay District (LVMC Section 19.10.110). The regulations and standards that are applied on parcels owned and operated by federal, state or city government through the application of this Code will be interpreted as guidelines by the Review Authority. Nonetheless, to promote the urban form desired within the Downtown Districts, compliance with all applicable standards and guidelines is encouraged. 19.09.040.C District-specific Standards for Street Trees Page 270 The purpose of this Subsection is to promote a high-quality, walkable environment that emphasizes the unique character of each Downtown District through the implementation of a district-specific tree pallette. The tree species and planting requirements have been developed to be consistent with the goals and objectives as expressed in the City of Las Vegas Master Plan, the Vision 2045 Downtown Masterplan, and in consideration of the Nevada Division of Forestry Las Vegas Valley Urban Canopy Analysis as well as the Regional Plant List developed by the SNRPC, to promote environmental, social, and economic benefits. All street trees and trees required within buffer and front setback areas as required per 19.09.050 shall conform to the standards as provided in Table 19.09.040.C-1 (District Pallette for Street Trees and Landscaping Requirements) and Figure 19.09.040.C-1 (Additional Planting Requirements). The intent of the Alternating Species Options is to minimize the potential impact of diseases and other negative conditions that could impact a specific tree species, and by doing so preserving the desired canopy. Table 19.09.040.C-1 District Pallette for Street Trees and Landscaping Requirements District Allowed Species (ROW < 81 feet) Allowed Species (ROW ≥ 81 feet) 18b Las Vegas Arts Acacia Salicina (Willow Acacia) Celtis Reticulata (Netleaf Hackberry) Chilopsis Linearis (Desert Willow) Dalbergia Sissoo (Indian Rosewood) Eysenhardtia Orthocarpa (Kidneywood) Havardia Mexicana (Mexican Ebony) Leucaena Retusa (Golden Leadball Tree) Parkinsonia Praecox (Palo Brea) Pittoposrum Angustifolium (Willow Pittosporum) Quercus Douglasii (Blue Oak) Sophora Secundiflora (Texas Mountain Laurel) Vachellia Shaffneri (Twisted Acacia) Acacia Salicina (Willow Acacia) Dalbergia Sissoo (Indian Rosewood) Havardia Mexicana (Mexican Ebony) Leucaena Retusa (Golden Leadball Tree) Parkinsonia Praecox (Palo Brea) Pittoposrum Angustifolium (Willow Pittosporum) Quercus Douglasii (Blue Oak) Quercus Shumardii (Shumard Oak) Cashman Havardia Mexicana (Mexican Ebony) Olea Europaea (Fruitless Olive) Parkinsonia Microphylla (Foothill Palo Verde) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Fusiformis (Escarpment Oak) Havardia Mexicana (Mexican Ebony) Olea Europaea (Fruitless Olive) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Fusiformis (Escarpment Oak) Civic & Business Celtis Reticulata (Netleaf Hackberry) Chilopsis Linearis (Desert Willow) Havardia Mexicana (Mexican Ebony) Ilex Vomitoria (Yaupon Holly) Koelreuteria paniculata (Goldenrain Tree) Maclura Pomifera (Osage Orange) Olea Europaea (Fruitless Olive) Quercus Cambyi (Canby Oak) Quercus Douglasii (Blue Oak) Quercus Fusiformis (Escarpment Oak) Quercus Polymorpha (Monterrey Oak) Quercus Virginiana (Cathedral Live Oak) Sophora Secundiflora (Texas Mountain Laurel) Vachellia Farnesiana (Sweet Acacia) Celtis Australis (Mediterranean Hackberry) Celtis Occidentalis (Common Hackberry) Havardia Mexicana (Mexican Ebony) Koelreuteria paniculata (Goldenrain Tree) Maclura Pomifera (Osage Orange) Olea Europaea (Fruitless Olive) Platanus Occidentalis Var. Mexicana (Mexican Sycamore) Quercus Cambyi (Canby Oak) Quercus Douglasii (Blue Oak) Quercus Fusiformis (Escarpment Oak) Quercus Macrocarpa (Bur Oak) Quercus Polymorpha (Monterrey Oak) Quercus Shumardii (Shumard Oak) Quercus Virginiana (Cathedral Live Oak) Page 271 Table 19.09.040.C-1 District Pallette for Street Trees and Landscaping Requirements District Allowed Species (ROW < 81 feet) Allowed Species (ROW ≥ 81 feet) Quercus Virginiana (High Rise Live Oak) Quercus Virginiana (Southern Live Oak) Quercus x Virginiana (Heritage Live Oak) Vachellia Farnesiana (Sweet Acacia) Design Acacia Craspedocarpa (Leather Leaf Acacia) Celtis Reticulata (Netleaf Hackberry) Chilopsis Linearis (Desert Willow) Dalbergia Sissoo (Indian Rosewood) Eysenhardtia Orthocarpa (Kidneywood) Havardia Mexicana (Mexican Ebony) Leucaena Retusa (Golden Leadball Tree) Parkinsonia Florida (Blue Palo Verde) Parkinsonia Microphylla (Foothill Palo Verde) Parkinsonia Praecox (Palo Brea) Parkinsonia x 'AZT Thornless' (Thornless hybrid palo verde) Pittoposrum Angustifolium (Willow Pittosporum) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Sophora Secundiflora (Texas Mountain Laurel) Vachellia Shaffneri (Twisted Acacia) Dalbergia Sissoo (Indian Rosewood) Havardia Mexicana (Mexican Ebony) Leucaena Retusa (Golden Leadball Tree) Parkinsonia Florida (Blue Palo Verde) Parkinsonia Praecox (Palo Brea) Parkinsonia x 'AZT Thornless' (Thornless hybrid Palo Verde) Pittoposrum Angustifolium (Willow Pittosporum) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Vachellia Shaffneri (Twisted Acacia) Founders Celtis Reticulata (Netleaf Hackberry) Dalbergia Sissoo (Indian Rosewood) Koelreuteria paniculata (Goldenrain Tree) Maclura Pomifera (Osage Orange) Olea Europaea (Fruitless Olive) Parkinsonia Praecox (Palo Brea) Pistacia Atlantica (Red Push Pistache) Platanus Occidentalis Var. Mexicana (Mexican Sycamore) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Cambyi (Canby Oak) Quercus Douglasii (Blue Oak) Quercus Fusiformis (Escarpment Oak) Quercus Macrocarpa (Bur Oak) Quercus Polymorpha (Monterrey Oak) Quercus Shumardii (Shumard Oak) Quercus Virginiana (Cathedral Live Oak) Quercus Virginiana (High Rise Live Oak) Quercus Virginiana (Southern Live Oak) Quercus x Virginiana (Heritage Live Oak) Styphnolobium japonicum (Japanese Pagoda Tree) Celtis Australis (Mediterranean Hackberry) Celtis Occidentalis (Common Hackberry) Dalbergia Sissoo (Indian Rosewood) Olea Europaea (Fruitless Olive) Koelreuteria paniculata (Goldenrain Tree) Maclura Pomifera (Osage Orange) Parkinsonia Praecox (Palo Brea) Pistacia Atlantica (Red Push Pistache) Platanus Occidentalis Var. Mexicana (Mexican Sycamore) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Cambyi (Canby Oak) Quercus Douglasii (Blue Oak) Quercus Fusiformis (Escarpment Oak) Quercus Macrocarpa (Bur Oak) Quercus Polymorpha (Monterrey Oak) Quercus Shumardii (Shumard Oak) Quercus Virginiana (Cathedral Live Oak) Quercus Virginiana (High Rise Live Oak) Quercus Virginiana (Southern Live Oak) Quercus x Virginiana (Heritage Live Oak) Styphnolobium japonicum (Japanese Pagoda Page 272 Table 19.09.040.C-1 District Pallette for Street Trees and Landscaping Requirements District Allowed Species (ROW < 81 feet) Allowed Species (ROW ≥ 81 feet) Ulmus Crassifolia (Cedar Elm) Tree) Ulmus Crassifolia (Cedar Elm) Fremont East Dalbergia Sissoo (Indian Rosewood) Havardia Mexicana (Mexican Ebony) Maclura Pomifera (Osage Orange) Pistacia Atlantica (Red Push Pistache) Pistacia Chinensis (Chinese Pistache) Quercus Douglasii (Blue Oak) Quercus Fusiformis (Escarpment Oak) Quercus Polymorpha (Monterrey Oak) Quercus Virginiana (Cathedral Live Oak) Quercus Virginiana (High Rise Live Oak) Quercus x Virginiana (Heritage Live Oak) Ulmus Crassifolia (Cedar Elm) Celtis Australis (Mediterranean Hackberry) Celtis Occidentalis (Common Hackberry) Dalbergia Sissoo (Indian Rosewood) Havardia Mexicana (Mexican Ebony) Maclura Pomifera (Osage Orange) Pistacia Atlantica (Red Push Pistache) Pistacia Chinensis (Chinese Pistache) Platanus Occidentalis Var. Mexicana (Mexican Sycamore) Quercus Douglasii (Blue Oak) Quercus Fusiformis (Escarpment Oak) Quercus Macrocarpa (Bur Oak) Quercus Polymorpha (Monterrey Oak) Quercus Virginiana (Cathedral Live Oak) Quercus Virginiana (High Rise Live Oak) Quercus Virginiana (Southern Live Oak) Quercus x Virginiana (Heritage Live Oak) Ulmus Crassifolia (Cedar Elm) Gateway Acacia Pendula (Weeping Acacia) Acacia Salicina (Willow Acacia) Celtis Reticulata (Netleaf Hackberry) Chilopsis Linearis (Desert Willow) Dalbergia Sissoo (Indian Rosewood) Eysenhardtia Orthocarpa (Kidneywood) Havardia Mexicana (Mexican Ebony) Ilex Vomitoria (Yaupon Holly) Leucaena Retusa (Golden Leadball Tree) Parkinsonia Praecox (Palo Brea) Pittoposrum Angustifolium (Willow Pittosporum) Acacia Pendula (Weeping Acacia) Acacia Salicina (Willow Acacia) Dalbergia Sissoo (Indian Rosewood) Havardia Mexicana (Mexican Ebony) Leucaena Retusa (Golden Leadball Tree) Parkinsonia Praecox (Palo Brea) Pittoposrum Angustifolium (Willow Pittosporum) Historic Westside Acacia Pendula (Weeping Acacia) Celtis Reticulata (Netleaf Hackberry) Havardia Mexicana (Mexican Ebony) Parkinsonia Praecox (Palo Brea) Pistacia Atlantica (Red Push Pistache) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Douglasii (Blue Oak) Vachellia Farnesiana (Sweet Acacia) Acacia Pendula (Weeping Acacia) Havardia Mexicana (Mexican Ebony) Parkinsonia Praecox (Palo Brea) Pistacia Atlantica (Red Push Pistache) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Douglasii (Blue Oak) Vachellia Farnesiana (Sweet Acacia) Las Vegas Medical District Chilopsis Linearis (Desert Willow) Parkinsonia Praecox (Palo Brea) Pittoposrum Angustifolium (Willow Pittosporum) Prosopis x Alba (Thornless Hybrid Mesquite) Parkinsonia Praecox (Palo Brea) Pittoposrum Angustifolium (Willow Pittosporum) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Page 273 Table 19.09.040.C-1 District Pallette for Street Trees and Landscaping Requirements District Allowed Species (ROW < 81 feet) Allowed Species (ROW ≥ 81 feet) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Cambyi (Canby Oak) Quercus Fusiformis (Escarpment Oak) Quercus Polymorpha (Monterrey Oak) Quercus Shumardii (Shumard Oak) Sophora Secundiflora (Texas Mountain Laurel) Ulmus Crassifolia (Cedar Elm) Mesquite) Quercus Cambyi (Canby Oak) Quercus Fusiformis (Escarpment Oak) Quercus Polymorpha (Monterrey Oak) Quercus Shumardii (Shumard Oak) Ulmus Crassifolia (Cedar Elm) Market Chilopsis Linearis (Desert Willow) Dalbergia Sissoo (Indian Rosewood) Pistacia Atlantica (Red Push Pistache) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Ulmus Crassifolia (Cedar Elm) Dalbergia Sissoo (Indian Rosewood) Pistacia Atlantica (Red Push Pistache) Prosopis x Alba (Thornless Hybrid Mesquite) Prosopis Glandulosa (Thornless Honey Mesquite) Ulmus Crassifolia (Cedar Elm) Resort & Casino Ilex Vomitoria (Yaupon Holly) Olea Europaea (Fruitless Olive) Pistacia Atlantica (Red Push Pistache) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Fusiformis (Escarpment Oak) Olea Europaea (Fruitless Olive) Pistacia Atlantica (Red Push Pistache) Prosopis Glandulosa (Thornless Honey Mesquite) Quercus Fusiformis (Escarpment Oak) Symphony Park Celtis Reticulata (Netleaf Hackberry) Dalbergia Sissoo (Indian Rosewood) Parkinsonia x 'AZT Thornless' (Thornless Hybrid Palo Verde) Pistacia Atlantica (Red Push Pistache) Quercus Fusiformis (Escarpment Oak) Dalbergia Sissoo (Indian Rosewood) Parkinsonia x 'AZT Thornless' (Thornless Hybrid Palo Verde) Pistacia Atlantica (Red Push Pistache) Quercus Fusiformis (Escarpment Oak) Page 274 Figure 19.09.040.C-1 Additional Planting Requirements To promote urban trees biodiversity, and prevent the possible degradation of the downtown canopy due to species- related diseases and parasites, the street trees as required per 19.09.050 shall be planted utilizing the minimum spacing requirements indicated below (Option #1 or Option #2), and approved by Staff. The figure, which is conceptual and not representative of the actual tree species allowed in each district as per Table 19.09.040.C-1, uses alphabet letters (A, B, and C) and images to symbolize trees pertaining to the same genus, or family, of trees, spaced at a minimum distance pattern from each other. A Variance is not available to permit a deviation from the provisions of this Section. Option #1 AB - AB Option #2 ABC - ABC 19.09.040.D 18B Las Vegas Arts District (Placeholder) 19.09.040.E Cashman District (Placeholder) 19.09.040.F Civic & Business District (Placeholder) 19.09.040.G Design District (Placeholder) 19.09.040.H Founders District (Placeholder) 19.09.040.I Fremont East (Placeholder) 19.09.040.J Gateway District (Placeholder) 19.09.040.K Historic Westside (Placeholder) 19.09.040.L Las Vegas Medical District Page 275 1. Additional Standards for Hospital Uses To support the long term harmonious development of the Las Vegas Medical District, accessory structures that are determined to be functionally essential to the hospital use, such as utility and medical-related facilities, will be allowed as part of the development in a manner that is harmonious and compatible with the surrounding properties, as approved by the Director. 2. Additional Landscaping Standards On June 19, 2002, the Council adopted the Las Vegas Medical District Plan, which, among other regulations, provided standards for streetscapes, landscape buffers, and street trees within the Las Vegas Medical District (LVMD). Over time, these standards enhanced the physical quality of the LVMD, and created an environment that is safe, aesthetically pleasing, and fosters pedestrian comfort through shade, well-planned street design, and unique landscape design characteristics. It is the intent of this section to preserve these traits of the LVMD, and to further this goal the following landscaping standards shall apply: a. Existing trees, shrubs, and landscaped buffers that were installed or present before the adoption of the LVMC 19.09 (Form-Based Code), including those which subsequently would not be installed at that location by virtue of adoption of provisions LVMC 19.09, shall be properly maintained, preserved, and replaced in case of death. b. In order to preserve and maintain existing trees, shrubs, and landscaped buffers, whenever conflict may arise between the provisions contained in LVMC Title 19.09 (Form-Based Code) and the preservation of existing trees, shrubs, and landscaped buffers, precedence shall be given to the preservation of existing trees, shrubs, and landscaped buffers. This includes, but is not limited to, conflicts that may arise, regarding setbacks, the facade zone, and lot coverage. c. The Planning Commission may grant the removal of existing trees, shrubs, and landscaped buffers in virtue of health, safety, and welfare concerns; an equivalent amount of similar sized trees, shrubs, and landscape buffer area shall be installed, as approved by Staff. d. A Variance is not available to permit a deviation from the provisions of this Section. 3. Pedestrian Open Spaces and Plazas Pedestrian Open Spaces and Plazas Public open space, or plazas for public gathering, is required for all new medical and office developments of 10,000 square feet or greater. These spaces shall provide seating and should be easily observed and accessible from the street and/or pedestrian circulation areas. When determining the open space for mixed-use buildings, only the gross floor areas of the office uses will be considered. Outdoor pedestrian open spaces and plazas provide shade, opportunities for rest and relief from traffic and noise as well as areas for additional outdoor activities such as vending and dining. Commercial developments shall provide pedestrian open spaces and plazas in relation to the size of the development and must include designs for such areas in the site plan. Such areas shall be provided according to the following guidelines (See Figure 19.09.040.C-2 below): a. Developments shall provide one square foot of plaza per 50 square feet of gross floor area for buildings of 10,000 square feet to 50,000 square feet. For larger buildings, an additional one square foot of open space shall be required for each additional 500 square feet of floor area. For parking garages, open space shall be provided at the rate of one square foot per stall. b. Such plaza spaces shall be in addition to any such spaces provided by individual tenants or businesses for the use of their customers. c. Pedestrian open spaces and plazas shall be integral to the overall design of the proposed development and shall be located in areas of high pedestrian traffic in such a manner to be convenient and readily accessible. Such spaces shall remain open to the public and accessible during normal hours of operation. d. Maintenance of these open spaces will be the responsibility of the property owner. e. Whenever the standards contained in this Section and the ones set forth in 19.09.050 overlap or contradict each other, the provision which is more restrictive or imposes higher standards or requirements shall apply. Page 276 Figure 19.09.040.C-2 Guidelines for Pedestrian Open Space and Plazas 19.09.040.M Market District (Placeholder) 19.09.040.N Resort & Casino District (Placeholder) 19.09.040.O Symphony Park District (Placeholder) Page 277 19.09.050 TRANSECT ZONES THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.050.A Purpose 19.09.050.B Applicability 19.09.050.C Establishment of Transect Zones 19.09.050.D Transect Zones Overview 19.09.050.E Transect Zones 19.09.050.E.003 T6 Urban Core Zone (T6-UC) (Placeholder) 19.09.050.E.006 T6 Urban General Zone (T6-UG) 19.09.050.E.010 T5 Maker Zone (T5-M) 19.09.050.E.012 T5 Corridor Zone (T5-C) 19.09.050.E.016 T5 Main Street Zone (T5-MS) 19.09.050.E.020 T5 Neighborhood Zone (T5-N) 19.09.050.E.024 T4 Zone (T4) Placeholder 19.09.050.E.028 T4 Main Street Zone (T4-MS) Placeholder 19.09.050.E.032 T4 Neighborhood Zone (T4-N) Placeholder 19.09.050.E.036 T4 Maker Zone (T4-M) Placeholder 19.09.050.E.040 T4 Corridor Zone (T4-C) 19.09.050.E.044 T3 Neighborhood Zone (T3-N) 19.09.050.F Special Districts 19.09.050.F.004 Special District Placeholder 19.09.050.A Purpose The purpose of this Section is to establish the regulatory standards for building form, building placement, and land use within the Transect Zones applicable within the Downtown Las Vegas Overlay District (LVMC Section 19.10.110). These standards are intended to ensure that proposed development is compatible with future development on neighboring properties, and produces an environment of desirable character and scale consistent with the City's vision for implementing the Downtown Master Plan, and any other applicable Master Plan. 19.09.050.B Applicability 1. The standards in this Section apply to all proposed development within the Transect Zones, and must be considered in combination with the standards in Sections 19.09.060 (Building Type Standards), 19.09.070 (Frontage Type Standards), 19.09.080 (Civic Space Standards), 19.09.090 (Thoroughfare Standards), and other applicable sections of LVMC Title 19 (Unified Development Code). 2. One or more of each of the following must be selected for, and applied to, each lot: Page 278 a. Building Type (at least one primary building); b. Frontage Type (multiple types as allowed by the Zone); c. Thoroughfare Type (as per each District Thoroughfare Plan); and d. Use Type (multiple types as allowed by the Zone). 3. One or more of the following may be selected and applied to each lot, as applicable; a. Civic Space Type (multiple types are allowed within each Zone). 4. Building Types, Frontage Types, Civic Space Types, Thoroughfare Types, and Land Use Types not listed in the standards for a zone are not allowed in that zone. 19.09.050.C Establishment of Transect Zones 1. Within the Downtown Las Vegas Overlay District, each District mapped on Figure B-1 (Districts Within the Downtown Las Vegas Overlay District) is divided into Transect Zones. These zones implement the vision of the Downtown Master Plan by providing a mix of intensity of development and a mix of uses that are compatible with the character of the Downtown's districts and neighborhoods. 2. The Transect Zones listed in Section 19.09.050.D (Transect Zones Overview) are mapped on the City's official Zoning Map (Refer to LVMC Section 19.00.100 (Zoning Map). Page 279 19.09.050.D Transect Zones Overview Table 19.09.050.D-1 (Transect Zones Overview) provides a summary of each of the Transect Zones that will be applied within Downtown Las Vegas. This overview includes a typical illustrative photograph of the transect, and a summary of the desired form, general use, and intent, of each Transect Zone. Table 19.09.050.D-1 Transect Zones Overview T6 Urban Core Zone (T6-UC) Placeholder T6 Urban General Zone (T6-UG) T5 Maker Zone (T5-M) Photo Placeholder Desired Form Desired Form Desired Form Placeholder Attached or detached Attached Large lot width Medium to large lot width Large footprint Large footprint Simple wall plane along street Simple wall plane along street Buildings placed at or near the right- of-way Buildings placed at or near the right-of- way Diverse mix of building frontages, mostly Arcade, Gallery, and Shopfront Diverse mix of frontages, mostly Shopfront Small to no setbacks Small to no setbacks 4 to 12 stories 1 to 5 stories General Use General Use General Use Placeholder Ground floor commercial or service uses with a mix of commercial, residential, service, and/or office uses on upper stories. Ground floor commercial, service, or industrial uses with a mix of commercial, residential, service, office and/or industrial uses on upper stories. Intent Intent Intent Placeholder To reinforce a vibrant, compact, walkable, urban core that serves multiple districts and the overall region with a diverse range of uses in a variety of building types with active pedestrian street facades on multiple frontages. A range of regional-center To maximize the opportunities created by medium and high-intensity walkable urban environments. Specialized uses in this Zone can be categorized as downtown light industrial, and utilize performance measures to ensure compatibility between the different Page 280 Table 19.09.050.D-1 Transect Zones Overview T6 Urban Core Zone (T6-UC) Placeholder T6 Urban General Zone (T6-UG) T5 Maker Zone (T5-M) appropriate uses such as hospitals and other medical facilities support public transportation alternatives. Use Types. Subsection Subsection Subsection 19.09.050.E.003 19.09.050.E.006 19.09.050.E.010 Page 281 Table 19.09.050.D-1 Transect Zones Overview T5 Corridor Zone (T5-C) T5 Main Street Zone (T5-MS) T5 Neighborhood Zone (T5-N) Desired Form Desired Form Desired Form Attached Attached Attached Medium to large lot width Large lot width Medium to large lot width Large footprint Large footprint Medium to large footprint Simple wall plane along street Simple wall plane along street Simple wall plane along street Buildings placed at or near the right-of- way Buildings placed at or near the right- of-way Buildings placed at or near the right- of-way Diverse mix of building frontages, mostly Shopfront Diverse mix of building frontages, mostly Arcade, Gallery, and Shopfront Diverse mix of building frontages, but mostly Arcade, Forecourt, Shopfront, and Terrace Small setbacks Small to no setbacks Medium setbacks 2 to 7 stories 3 to 7 stories 2 to 5 stories General Use General Use General Use Ground floor commercial or service with a mix of commercial, residential, service, and/or office uses on upper stories Ground floor commercial or service with a mix of commercial, residential, service, and/or office uses on upper stories Primarily multi-unit residential with neighborhood-supporting retail, commercial, and/or service uses on the ground floor. Intent Intent Intent To enhance the City's existing corridors so that over time they will become more walkable and serve multiple districts with a diverse range of commercial, retail, service, and office uses, and small-to-large footprint, moderate-intensity building types. This zone also supports public transportation hubs. To provide a compact, walkable, urban area in which revitalization and investment is encouraged and that serves multiple districts with commercial, retail, office, and civic uses in a range of building types. This zone also supports public transportation alternatives. To provide walkable, urban neighborhoods with a variety of urban housing choices in small to large footprint, medium-intensity building types that support and are within short walking distance of neighborhood-serving commercial and service uses. This zone also supports public transportation alternatives Subsection Subsection Subsection 19.09.050.E.012 19.09.050.E.016 19.09.050.E.020 Page 282 Table 19.09.050.D-1 Transect Zones Overview T4 Zone Placeholder (T4) T4 Main Street Zone (T4-MS) Placeholder T4 Neighborhood Zone (T4-N) Placeholder Photo Placeholder Photo Placeholder Photo Placeholder Desired Form Desired Form Desired Form Placeholder Placeholder Placeholder General Use General Use General Use Placeholder Placeholder Placeholder Intent Intent Intent Placeholder Placeholder Placeholder Subsection Subsection Subsection 19.09.050.E.024 19.09.050.E.028 19.09.050.E.032 Page 283 Table 19.09.050.D-1 Transect Zones Overview T4 Maker Zone (T4-M) Placeholder T4 Corridor Zone (T4-C) T3 Neighborhood Zone (T3-N) Photo Placeholder Desired Form Desired Form Desired Form Placeholder Attached or detached Attached or detached Medium to large lot width Small to medium lot width Medium to large footprint Small to medium footprint Simple wall plane along street Simple wall plane along street Buildings placed at or near the right- of-way Building placement varied, but mostly set back from right-of-way Diverse mix of building frontages, mostly Shopfront Primarily common yards, stoops, and porches Medium setbacks Medium to large setbacks 2 to 5 stories 1 to 2 stories General Use General Use General Use Placeholder Ground floor commercial or service with a mix of commercial, service, and/ or office uses on upper stories. Primarily residential with smaller neighborhood-supporting uses at appropriate locations. Intent Intent Intent Placeholder To enhance the City's existing corridors so that over time they will become more walkable and serve multiple districts with a diverse range of commercial, retail, service, and office uses, and small-to-large footprint, moderate-intensity building types. This zone also supports public transportation alternatives. To protect the integrity of existing small to medium lot, detached homes and to reinforce their importance within walkable neighborhoods with medium footprint, low-intensity housing types within short walking distance to public transportation options and neighborhood-serving retail and service uses. Subsection Subsection Subsection 19.09.050.E.036 19.09.050.E.040 19.09.050.E.044 Page 284 Special District Placeholder Photo Placeholder Desired Form Placeholder General Use Placeholder Intent Placeholder Subsection 19.09.050.F.004 19.09.050.E Transect Zones 19.09.050.E.003 T6 Urban Core Zone (T6-UC) (Placeholder) 19.09.050.E.006 T6 Urban General Zone (T6-UG) Page 285 A. General Intent The intent of the T6 Urban General Zone (T6-UG) is to provide a vibrant, compact, high-intensity walkable urban environment that can accommodate a variety of building types with active pedestrian street facades and a diverse range of uses supported by required retail frontages on multiple streets. Parking is typically provided in multi-story garages, which if placed next to a street frontage, are lined with active retail/service uses. This zone supports a wide range of regional- center appropriate uses as well as, employment, retail, services, civic, or public uses that support public transportation alternatives as well as walking and biking. Specialized uses, such as hospitals and large medical offices and facilities, are accommodated in a limited Sub-Zone. The following form elements are generally appropriate in this Zone: Attached or detached Large lot width Large footprint and lot coverage Simple wall plane along the street Buildings placed at or near the edge of right-of-way Diverse mix of building frontages, mostly Arcade, Gallery, and Shopfront Small to no setbacks Min. 4 to max. 12 stories B. Sub-Zones T6-UG-L The limited sub-zone provides the same building form as the T6-UG Zone, with the following exceptions: a. The minimum allowed building height is 1 story, and the maximum allowed building height is 14 stories. C. Lot Size No width, depth or area standards are included for the T6-UG Zone. Min. lot sizes may be determined based on the min. and max. building width and depth standards for the building types established in Table D (Building Types). Page 286 Key for Diagrams D. Building Types Main Building Body Secondary Wing Width (max.) Depth (max.) Width (max.) Depth (max.) Building Type A B C D Flex High-Rise 380 ft1,2 200 ft1 75 ft 100 ft Flex Mid-Rise 200 ft1 175 ft1 75 ft 100 ft Courtyard Building 175 ft1 175 ft1 40 ft -- Lined Building Refer to building dimensions in Subsection D (Building Types, Additional Standards for a Lined Building) Miscellaneous The floorplate of any floor must not be larger than that of the floor below, except if an arcade frontage type is used. Notes: 1. Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. 2. Or the max. length of the block. Key for Tables -- No Requirements D. Building Types (cont.) Additional Standards for a Courtyard Building Dimensions - Courtyard(s) Width 20 ft min.; 100 ft max. E Width-to-Height Ratio 1:2 min.; 2:1 max. Depth 50 ft min.; 100 ft max. F Percentage of width of building 50% max. Total Area 400 sf min. A minimum of two courtyard edges must be defined by the building. Courtyard edges not defined by the building must be defined by a wall min. 3 ft/max. 5 ft in height. The proportions and orientation of courtyards must be carefully considered for solar orientation and user comfort. Access Standards Access to the building must be from the street or from the courtyard. Each unit (residential or commercial) may have an individual entry from the courtyard. Multiple courtyards must be connected through and between buildings Courtyards must be accessible from the highest order thoroughfare (Refer to Section 19.09.090.C). Page 287 Key for Diagram D. Building Types (cont.) Additional Standards for a Lined Building Dimensions - Exterior Building Length 400 ft max.1,2 G Width 300 ft max.1,2 H Depth (from front of building) 30 ft min. I Dimensions - Interior Building Width 180 ft max. J Depth 230 ft max. K Notes: 1 Or the max. length of the block. 2 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. D. Building Types (cont.) Miscellaneous Building height must comply with the height standards defined in the Zone. Allowed frontage types are described in Table G (Frontages). The side of an interior building exposed to a street or civic space must be lined by the exterior building. A forecourt or pocket plaza is required along the primary frontage or at a primary street corner. Access Standards Ground floor units facing a street or alley must be accessed from the street or alley by an allowed frontage type. Vehicle access to the interior building must be from an alley or a min. of 150 ft from an intersection if no alley is present. Page 288 Key for Diagrams E. Building Placement Front1,2 Corner Side Interior Side1,3,4 Rear1,3,4 Setback Distance (Distance from ROW/Lot Line) L M N O Primary Building Min. 5 ft 5 ft 0 ft 0 ft Max. 10 ft 10 ft 10 ft -- Primary Building Facade within Facade Zone Front (min.) 80% Side Street (min.) 60% Miscellaneous A building form with a chamfered corner is only allowed on corner lots and only if a corner entry is provided. Notes: 1 Additional setback and/or easement may be required where street ROW or a utility easement is needed. 2 Sidewalk must be extended into the facade zone to meet the building. 3 Buildings and structures located < 5 feet from a property line must comply with all applicable Building and Fire Code requirements. 4 Where building elevations include balconies or windows, a minimum of 10 feet setback distance from the balcony or window edge to the property side and rear lot lines is required. F. Building Form Standards Building Height Stories P Primary Building 4 min. - 12 max. Accessory Building 2 max. Primary Building Ground Floor Finish Level1,2 Q Height above curb Residential 1.50 ft min. Service or Retail uses 0.50 ft max. Ground floor lobbies and common areas in multi-unit buildings may have a ≤ 0.50 ft ground floor finish level. Floor-to-Ceiling Ground floor 14 ft min. R Upper floors 9 ft min. S Footprint3 Lot coverage 90% max. Depth Ground floor space 30 ft min. T Notes: 1 Buildings existing at the time of adoption of the Form-Based Code and additions to those buildings that are less than 50% of the existing gross floor area are exempt. 2 Primary buildings located on lots sloping down and away from the street are exempt. 3 Independently by lot coverage requirements, all buildings must still meet setback requirements as per 19.09.050.E.E. Page 289 Key for Diagram Page 290 G. Frontages Private Frontage Type Front Corner Side Standards Arcade A A 19.09.070.D Forecourt A A 19.09.070.G Gallery A A 19.09.070.H Shopfront A A 19.09.070.K Terrace1 A A 19.09.070.M Pedestrian Access Pedestrian entrances must be provided at least every 50 ft along the ground floor primary street facade and the side street facade. Miscellaneous For non-residential uses, loading docks, overhead doors, and other service entries must be screened and must be located to the rear or on side street facades. Note: 1 Allowed only when necessary to accommodate a grade change. Key for Tables -- No Requirements A Allowed H. Encroachments into Facade Zone Front (max.) Corner Side (max.) Interior Side (max.) Rear (max.) Encroachment Type U V W X Frontage Type Arcade1 Gallery1 Shopfront: awning, balcony1, bay window, projecting shade structure 10 ft 10 ft -- -- Upper floor Balconies2 6 ft 6 ft 5 ft 5 ft Architectural Features 3 ft 3 ft 3 ft 3 ft Signage A A -- -- Driveways3 A3 A3 -- A3 Miscellaneous Encroachments are allowed into the facade zone, and except for an arcade, gallery, or balconies and in conjunction with an encroachment agreement, they are not allowed within a street ROW, alley ROW, or across a lot line. Note: 1 May encroach into the street ROW to within 2 ft of the face of the curb, subject to approval by the Public Works Director. 2 May encroach into the street ROW up to a maximum of 5 ft, subject to approval by the Public Works Director. 3 Only allowed when there is no alternative access from the rear. Page 291 I. Use Types Use Type T6-UG T6-UG-L Residential Sub-Zone Assisted Living Apartment P -- Community Residence P -- Convalescent Care Facility/Nursing Home P -- Downtown Residential P -- Home Occupation P -- Hospice P Senior Citizen Apartments P -- Recreation, Education, and Public Assembly Church/House of Worship P P Park, Playground, or Open Space P P Public or Private School (Primary or Secondary) S -- Retail Trade Beer/Wine/Cooler Cultural Establishment; Beer/Wine/Cooler On- and Off-Sale Establishment; or Beer/Wine/Cooler Off-Sale Establishment S -- Beer/Wine/Cooler On-Sale Establishment C -- Commercial, Other than Listed S S Downtown Retail1 P P Liquor Establishment (Tavern); Lounge Bar; or Urban Lounge S S Mixed-Use P C Restaurant P P Restaurant with Alcohol; or Restaurant with Service Bar C C Employment and Services Blood Plasma Donor Center P P Clinic P P Downtown Services2 P P Hospital P P Laboratory, Medical or Dental P P Office, Medical or Dental; or Office, Other Than Listed P P Social Service Provider P P Telecommunication Facilities Mounted Antenna Over 15 ft (Ultimate Height); Wireless Communication Facility, Non- S S I. Use Types (cont.) Use Type T6-UG T6-UG-L Other Sub-Zone Emergency Ambulance Services, Ground -- P Government Facility P P Helipad C3 C3 Liquified Petroleum Gas Installation (288 Gallons or Less) C C Liquified Petroleum Gas Installation (Over 288 Gallons) -- S Parking Facility P P Public Services, Minor C C Temporary Uses4 T T Urban Agriculture Community Garden P P Notes: Land use types are defined in LVMC Chapter 19.18 (Definitions and Measures). Individual land use types that are included within a general land use type (e.g. Downtown Retail or Downtown Services) are also defined in LVMC Chapter 19.18. If a use is not listed in this table, it is not allowed in the T6-UG Zone and T6-UG-L Sub-Zone, except that as allowed under LVMC Section 19.12.100 (Similar and Prohibited Uses) the Director may determine that a use not listed in Table I. is allowed if it is listed in LVMC Section 19.12.010 (Land Use Tables) and the use supports the purpose and intent of the Zone and is consistent with the goals and policies of the Downtown Master Plan. Refer to LVMC Section 19.12.070 (Permissible Use Descriptions and Applicable Conditions and Requirements) for the standards applicable to specific uses. 1 Except Pet Shop, Secondhand Dealer, and Thrift Shop are allowed as Conditional Uses (C). 2 Except Massage, Accessory is allowed as an Accessory Use (A), and Check Cashing Service, Limited is allowed as a Conditional Use (C). 3 For life-safety medical purposes only; otherwise a Special Use Permit is required. 4 Except a Temporary Real Estate Sales Office is allowed as a Conditional Use (C). Key P Use is allowed as a principal use by right. C Use is allowed in accordance with the conditions specified in LVMC Section 19.12.040 for conditional uses. S Use is allowed as a principal use only after first obtaining a Special Use Permit as specified in LVMC Section 19.16.110. T Use is allowed with a Temporary Commercial Permit as specified in LVMC Section 19.16.160. Page 292 Stealth Design (Not Qualifying for Conditional Use Approval) Wireless Communication Facility, Stealth Design or Non-Stealth Design (Qualifying for Conditional Use Approval) C C -- Use is not allowed. Key for Diagram Page 293 J. Parking Standards Front1 Corner Side1 Interior Side Rear Setback from Lot Line (min.) Y Z AA BB Ground Floor 40 ft 10 ft 0 ft 0 ft Upper Floor 40 ft 40 ft 0 ft 0 ft Parking Driveway One-way Two-way Width 12 ft min. - 14 ft max. 32 ft min. - 34 ft max. Miscellaneous Where feasible, driveways must be shared between adjacent parcels. No new surface parking lots are allowed adjacent to primary or side street frontages. Covered parking in parking areas established before the effective date is allowed with a setback of 10 ft to a primary street or side street. When a lot has an adjoining side street, parking must be accessed only from the side street. Required Parking Refer to LVMC Section 19.09.100.G (Parking Standards) for vehicular and bicycle parking standards. Required parking may be reduced as set forth in LVMC Section 19.18.030.D.4 (Parking Alternatives). Note: 1 No vehicle parking in the front or corner side yard is allowed. K. Required Street Trees Infill or Replacement Street Trees Min. No. Trees Addition, Renovation, or New Building1 < 5,000 sf 2 ≥ 5,000 sf - < 10,000 sf 4 ≥ 10,000 sf - < 20,000 sf 8 ≥ 20,000 sf As required along all street frontages Miscellaneous All street trees must be planted in accordance with the species as listed in LVMC Section 19.09.040 (Specific to Districts) and the planting requirements of LVMC Section 19.04.060 (Amenity Zone). Where differences occur, the provisions of 19.09.040 shall apply. All street trees must be planted and maintained to avoid conflicts with large trucks and fire/emergency vehicles. The min. canopy clearance at maturity is 14 ft. Note: 1 Refer to LVMC Section 19.09.020.D (Applicability) L. Required Open Space Common Open Space Width 20 ft min. Depth 20 ft min. Common open space area per unit 100 sf min.1 Miscellaneous The common open space requirement may be met by providing open space on the ground floor, upper floors, and the roof. No private open space per residential unit is required. Common open space may also be provided in compliance with LVMC Section 19.09.090 (Civic Space Standards) if civic space is provided on the lot. Note: 1 Or 5% of lot area, whichever is greater 19.09.050.E.010 T5 Maker Zone (T5-M) Page 294 A. General Intent The intent of the T5 Maker Zone is to maximize the opportunities created by medium and high-intensity walkable urban environments. This zone is well connected to transportation infrastructure and accommodates a variety of new and repurposed building types that can host residential, retail, office, and service uses while providing for centrally located employment sites. The diverse mix of uses supports active transportation commuting modes and a lively 24-hour neighborhood during both work and non-work hours. Specialized uses in this Zone can be categorized as downtown light industrial, and utilize performance measures and conditions to ensure compatibility between the different Use Types. The following form elements are generally appropriate in this Zone: Attached Medium to Large lot width Large footprint and lot coverage Simple wall plane along the street Buildings placed at or near the edge of right-of-way Diverse mix of frontages, mostly Shopfront Small to no setbacks Min. 1 to max. 5 stories B. Sub-Zone None C. Lot Size No width, depth or area standards are included for the T5-M Zone. Min. lot sizes may be determined based on the min. and max. building width and depth standards for the building types established in Table D (Building Types). Page 295 Key for Diagrams Key for Diagram Page 296 D. Building Types Main Building Body Secondary Wing Width (max.) Depth (max.) Width (max.) Depth (max.) Building Type A B C D Flex Mid-Rise 200 ft1 175 ft1 75 ft 100 ft Flex Low Rise 150 ft1 150 ft 60 ft 60 ft Multi-plex: Large 100 ft 75 ft 20 ft 30 ft Loft 175 ft1 -- 30 ft 30 ft Live/Work 28 ft 36 ft 16 ft 18 ft Rowhouse 18-36 ft 45 ft -- -- Lined Building Refer to building dimensions in Subsection D (Building Types, Additional Standards for a Lined Building) Accessory Structure2 -- -- -- -- Miscellaneous The floorplate of any floor must not be larger than that of the floor below, except if an arcade frontage type is used. Notes: 1 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. 2 The total GFA of all Accessory Dwelling Units and Accessory Structures cannot exceed 60% of the GFA of the primary structure. Key for Tables -- No Requirement D. Building Types (cont.) Additional Standards for a Lined Building Dimensions - Exterior Building Length 400 ft max.1,2 G Width 300 ft max.1,2 H Depth (from front of building) 30 ft min. I Dimensions - Interior Building Width 180 ft max. J Depth 230 ft max. K Notes: 1 Or the max. length of the block. 2 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. Miscellaneous Building height must comply with the height standards defined in the Zone. Allowed frontage types are described in Table G (Frontages). The side of an interior building exposed to a street or civic space must be lined by the exterior building. Access Standards Ground floor units facing a street or alley must be accessed from the street or alley by an allowed frontage type. Vehicle access to the interior building must be from an alley or a min. of 150 ft from an intersection if no alley is present. Key for Diagrams Page 297 E. Building Placement Front1, 2 Corner Side Interior Side1,3,4 Rear1,3, 4 Setback Distance (Distance from ROW/Lot Line) L M N O Primary Building Min. 5 ft 5 ft 0 ft 0 ft Max. 10 ft 15 ft 10 ft -- Primary Building Facade within Facade Zone Front (min.) 70% Side Street (min.) 50% Miscellaneous A building form with a chamfered corner is only allowed on corner lots and only if a corner entry is provided. Notes: 1 Additional setback and/or easement may be required where street ROW or a utility easement is needed. 2 Sidewalk must be extended into the facade zone to meet the building. 3 Buildings and structures located < 5 feet from a property line must comply with all applicable Building and Fire Code requirements. 4 Where building elevations include balconies or windows, a minimum of 10 feet setback distance from the balcony or window edge to the property side and rear lot line is required. F. Building Form Standards Building Height Stories P Primary Building 1 min. - 5 max. Accessory Building 4 max. Primary Building Ground Floor Finish Level1,2 Q Height above curb Residential 1.50 ft min. All other uses 2 ft max. Ground floor lobbies and common areas in multi-unit buildings may have a ≤ 0.50 ft ground floor finish level. Floor-to-Ceiling Ground floor 14 ft min. R Upper floors 9 ft min. S Footprint3 Lot coverage 90% max. Depth Ground floor space 30 ft min. T Notes: 1 Buildings existing at the time of adoption of the Form-Based Code and additions to those buildings that are less than 50% of the existing gross floor area are exempt. 2 Primary buildings located on lots sloping down and away from the street are exempt. 3 Independently by lot coverage requirements, all buildings must still meet setback requirements as per 19.09.050.E.E. Key for Diagram Page 298 G. Frontages Private Frontage Type Front Corner Side Standards Arcade A A 19.09.070.D Forecourt A A 19.09.070.G Gallery A A 19.09.070.H Shopfront A A 19.09.070.K Terrace A A 19.09.070.M Dooryard A A 19.09.070.F Pedestrian Access Pedestrian entrances must be provided at least every 80 feet along the ground floor primary street facade and the side street facade. Miscellaneous For non-residential uses, loading docks, overhead doors, and other service entries must be screened and must be located to the rear or on side street facades. Key for Tables -- No Requirement A Allowed H. Encroachments into Facade Zone Front (max.) Corner Side (max.) Interior Side (max.) Rear (max.) Encroachment Type U V W X Frontage Type Arcade1 Gallery1 Shopfront: awning, balcony1, bay window, or projecting shade structure 10 ft 10 ft -- -- Upper floor balconies2 6 ft 6 ft 5 ft 5 ft Architectural Features 3 ft 3 ft 3 ft 3 ft Signage A A -- -- Driveways A3 A3 -- A Miscellaneous Encroachments are allowed into the facade zone, and except for an arcade, gallery, or balconies and in conjunction with an encroachment agreement, they are not allowed within a street ROW, alley ROW, or across a lot line. Notes: 1 May encroach into the street ROW to within 2 ft of the face of the curb, subject to approval by the Public Works Director. 2 May encroach into the street ROW up to a maximum of 5 ft, subject to approval by the Public Works Director. 3 Only allowed when there is no alternative access from the rear. Page 299 I. Use Types Use Type T5-M Residential Assisted Living Apartment P Community Residence P Convalescent Care Facility/Nursing Home P Downtown Residential P Home Occupation P Recreation, Education, and Public Assembly Church/House of Worship P Park, Playground, or Open Space P Public or Private School (Primary or Secondary) S Retail Trade Beer/Wine/Cooler Cultural Establishment; Beer/Wine/Cooler On- and Off-Sale Establishment; or Beer/Wine/Cooler Off-Sale Establishment S Beer/Wine/Cooler On-Sale Establishment C Downtown Retail1 P Commercial, Other than Listed S Liquor Establishment (Tavern); Lounge Bar; or Urban Lounge S Mixed-Use P Restaurant P Restaurant with Alcohol; or Restaurant with Service Bar C Employment and Services Downtown Industrial2 C Downtown Services3 P Laboratory, Medical or Dental P Office, Medical or Dental; or Office, Other Than Listed P Social Service Provider C Telecommunication Facilities Mounted Antenna Over 15 ft (Ultimate Height); Wireless Communication Facility, Non-Stealth Design (Not Qualifying for Conditional Use Approval) S Wireless Communication Facility, Stealth Design or Non-Stealth Design (Qualifying for Conditional Use Approval) C Other Emergency Ambulance Services, Ground P Government Facility P Helipad S I. Use Types (cont.) Use Type T5-M Urban Agriculture Community Garden P Notes: Land use types are defined in LVMC Chapter 19.18 (Definitions and Measures). Individual land use types that are included within a general land use type (e.g. Downtown Retail or Downtown Services) are also defined in LVMC Chapter 19.18. If a use is not listed in this table, it is not allowed in the T5-M Zone, except that as allowed under LVMC Section 19.12.100 (Similar and Prohibited Uses) the Director may determine that a use not listed in Table I. is allowed if it is listed in LVMC Section 19.12.010 (Land Use Tables) and the use supports the purpose and intent of the Zone and is consistent with the goals and policies of the Downtown Master Plan. Refer to LVMC Section 19.12.070 (Permissible Use Descriptions and Applicable Conditions and Requirements) for the standards applicable to specific uses. 1 Except Pet Shop, Secondhand Dealer, and Thrift Shop are allowed as Conditional Uses (C). 2 The conditions for all individual uses that are grouped under the Downtown Industrial are replaced by the following conditions: 1) All work shall be performed within a completely enclosed building; 2) There shall be no audible or noticeable indication of a manufacturing operation outside the building, and no noticeable smoke or foreign matter emitted; 3) Outdoor storage is only allowed as accessory to the principal use and shall not be visible from the right-of-way and adjacent properties; 4) Work equipment larger than 60 cubic feet shall not be visible from the right-of-way; and 5) All hazardous materials resulting from the repair, storage, or dismantling of vehicles shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable Federal, State, and local regulations. 3 Except Massage, Accessory is allowed as an Accessory Use (A), and Check Cashing Service, Limited is allowed as a Conditional Use (C). 4 Except a Temporary Real Estate Sales Office is allowed as a Conditional Use (C). Key P Use is allowed as a principal use by right. C Use is allowed in accordance with the conditions specified in LVMC Section 19.12.040 for conditional uses. S Use is allowed as a principal use only after first obtaining a Special Use Permit as specified in LVMC Section 19.16.110. T Use is allowed with a Temporary Commercial Permit as specified in LVMC Section 19.16.160. -- Use is not allowed. Page 300 Parking Facility P Public Services, Minor C Temporary Uses4 T Key for Diagram Page 301 J. Parking Standards Front1 Corner Side1 Interior Side Rea r Setback from Lot Line (min.) Y Z AA BB Ground Floor 40 ft 10 ft 0 ft 0 ft Upper Floor 40 ft 40 ft 0 ft 0 ft Parking Driveway One-way Two-way Width 12 ft min. - 14 ft max. 32 ft min. - 34 ft max. Miscellaneous Where feasible, driveways must be shared between adjacent parcels. No new surface parking lots are allowed adjacent to primary or side street frontages. Covered parking in parking areas established before the effective date is allowed with a setback of 10 ft to a primary street or side street. When a lot has an adjoining side street, parking must be accessed only from the side street. Required Parking Refer to LVMC Section 19.09.100.G (Parking Standards) for vehicular and bicycle parking standards. Required parking may be reduced as set forth in LVMC Section 19.18.030.D.4 (Parking Alternatives). Note: 1 No vehicle parking in the front or corner side yard is allowed. K. Required Street Trees Infill or Replacement Street Trees Min. No. Trees Addition, Renovation, or New Building1 < 5,000 sf 2 ≥ 5,000 sf - < 10,000 sf 4 ≥ 10,000 sf - < 20,000 sf 8 ≥ 20,000 sf As required along all street frontages Miscellaneous All street trees must be planted in accordance with the species as listed in LVMC Section 19.09.040 (Specific to Districts) and the planting requirements of LVMC Section 19.04.060 (Amenity Zone). Where differences occur, the provisions of 19.09.040 shall apply. All street trees must be planted and maintained to avoid conflicts with large trucks and fire/emergency vehicles. The min. canopy clearance at maturity is 14 ft. Note: 1 Refer to LVMC Section 19.09.020.D (Applicability) L. Required Open Space Common Open Space Width 20 ft min. Depth 20 ft min. Common open space area per unit 100 sf min.1 Miscellaneous The common open space requirement may be met by providing open space on the ground floor, upper floors, and the roof. No private open space per residential unit is required. Common open space may also be provided in compliance with LVMC Section 19.09.090 (Civic Space Standards) if civic space is provided on the lot. Note: 1 Or 5% of lot area, whichever is greater 19.09.050.E.012 T5 Corridor Zone (T5-C) Page 302 A. General Intent The T5 Corridor Zone is intended to enhance the City's existing corridors by allowing a wide variety of building types to accommodate a range of commercial, retail, office, and service uses in small to large footprint buildings along major arterial corridors carrying high volumes of traffic. With the future development of Bus Rapid Transit or Light Rail transportation options, these corridors, such as the Multi-Functional Spine or Iconic/Ceremonial Corridors, supported by this Zone will likely transition to a more urban and walkable built environment with residential uses behind or above the commercial uses. The following form elements are generally appropriate in this Zone: Attached Medium to large lot width Large footprint and lot coverage Buildings placed at or near the edge of right-of-way Mix of building frontages, but mostly Shopfront Small setbacks Min. 2 to max. 7 stories B. Sub-Zone None C. Lot Size No width, depth or area standards are included for the T5-C Zone. Min. lot sizes may be determined based on the min. and max. building width and depth standards for the building types established in Table D (Building Types). Page 303 Key for Diagrams Page 304 D. Building Types Main Building Body Secondary Wing Width (max.) Depth (max.) Width (max.) Depth (max.) Building Type A B C D Flex High-Rise 380 ft1 200 ft1 75 ft 100 ft Flex Mid-Rise 200 ft1 175 ft1 40 ft 75 ft Lined Building Refer to dimensions in Subsection D (Additional Standards for a Lined Building) Flex Low-Rise 90 ft 150 ft 40 ft 40 ft Courtyard Building 90 ft 150 ft 40 ft 100 ft Multi-plex: Large 90 ft 70 ft 20 ft 30 ft Live/Work2 28 ft 36 ft 16 ft 18 ft Accessory Structure3 -- -- -- -- Miscellaneous The floorplate of any floor must not be larger than that of the floor below, except if an arcade frontage type is used. Additional Standards for a Courtyard Building Dimensions - Courtyard(s) Width 20 ft min.; 100 ft max. E Width-to-Height Ratio4 1:2 min.; 2:1 max. Key for Tables -- No Requirement D. Building Types (cont.) Depth 50 ft min.; 100 ft max. F Percentage of width of building 50% max. Total Area 400 sf min. A minimum of two courtyard edges must be defined by the building. Courtyard edges not defined by the building must be defined by a wall min. 3 ft/max. 5 ft in height. The proportions and orientation of courtyards must be carefully considered for solar orientation and user comfort. Access Standards Access to the building must be from the street or from the courtyard. Each unit (residential or commercial) may have an individual entry from the courtyard. Multiple courtyards must be connected through and between buildings Courtyards must be accessible from the primary street. Notes: 1 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. 2 Must be built with a minimum of 2 units attached together. Max. width of all attached buildings must not exceed 150 ft. 3 The total GFA of all Accessory Dwelling Units and Accessory Structures cannot exceed 10% of the GFA of the primary structure. 4 Building height must comply with the height standards defined for the Zone. Page 305 Key for Diagrams D. Building Types (cont.) Additional Standards for a Lined Building Dimensions - Exterior Building Length 400 ft max.1,2 G Width 300 ft max.1,2 H Depth (from front of building) 30 ft min. I Dimensions - Interior Building Width 180 ft max. J Depth 230 ft max. K Notes: 1 Or the max. length of the block. 2 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. E. Building Placement Front 1,2 Corner Side1 Interior Side3,4 Rear3 ,4 Setback Distance (Distance from ROW/Lot Line) G H I J Primary Building Min. 5 ft 5 ft 0 ft 0 ft Max. 10 ft 10 ft 10 ft -- Primary Building Facade within Facade Zone Front (min.) 80% Side Street (min.) 65% Miscellaneous A building form with a chamfered corner is only allowed on corner lots and only if a corner entry is provided. Notes: 1 Additional setback and/or easement may be required where street ROW or a utility easement is needed. 2 Sidewalk must be extended into the setback area to meet the building. 3 Buildings and structures located < 5 feet from a property line must comply with all applicable Building and Fire Code requirements. 4 Where building elevations include balconies or windows, a minimum of 10 feet setback distance from the balcony or window edge to the property side and rear lot line is required. Page 306 Key for Diagrams Page 307 F. Building Form Standards Building Height Stories K Primary Building 2 min. - 7 max.1,2 Accessory Building 2 max. Primary Building Ground Floor Finish Level3,4 L Height above curb Residential 1.50 ft min. Service or Retail uses 0.50 ft max. Ground floor lobbies and common areas in multi-unit buildings may have a ≤ 0.50 ft ground floor finish level. Floor-to-Ceiling Ground floor 14 ft min. M Upper floors 9 ft min. N Footprint5 Lot coverage Mixed-use with residential uses 95% max. All other uses 85% max. Depth Ground floor space 30 ft min. O Notes: 1 Max. 10 stories allowed for only the Flex High-Rise Building Type subject to Major Site Development Plan Review (Refer to LVMC Section 19.16.100.G (Major Review of Site Development Plans). 2 The residential adjacency standards established in LVMC Section 19.08.040.H (Residential Adjacency Standards) will apply. 3 Buildings existing at the time of adoption of the Form-Based Code and additions to those buildings that are less than 50% of the existing gross floor area are exempt. 4 Primary buildings located on lots sloping down and away from the street are exempt. 5 Independently by lot coverage requirements, all buildings must still meet setback requirements as per 19.09.050.E.E. G. Frontages Private Frontage Type Front Corner Side Standards Arcade A A 19.09.070.D Forecourt A A 19.09.070.G Gallery A A 19.09.070.H Shopfront A A 19.09.070.K Terrace1 A A 19.09.070.M Pedestrian Access Pedestrian entrances must be provided at least every 50 ft along the ground floor primary street facade and the side street facade. Miscellaneous For non-residential uses, loading docks, overhead doors, and other service entries must be screened and must be located to the rear or on side street facades. Note: 1 Allowed only when necessary to accommodate a grade change. Page 308 Key for Diagram H. Encroachments into Facade Zone Front (max.) Corner Side (max.) Interior Side (max.) Rear (max. ) Encroachment Type P Q R S Frontage Type Arcade1 Gallery1 Shopfront: awning, balcony1, bay window, or projecting shade structure 10 ft 10 ft -- -- Upper floor balconies2 6 ft 6 ft 5 ft 5 ft Architectural Features 3 ft 3 ft 3 ft 3 ft Signage A A -- -- Driveways3 A3 A3 -- A Miscellaneous Encroachments are allowed into the facade zone, and except for an arcade, gallery, or upper floor balconies and in conjunction with an encroachment agreement, they are not allowed within a street ROW, alley ROW, or across a lot line. Notes: 1 May encroach into the street ROW to within 2 ft of the face of the curb, subject to approval by the Public Works Director. 2 May encroach into the street ROW up to a maximum of 5 ft, subject to approval by the Public Works Director. 3 Only allowed when there is no alternative access from the rear. Key for Tables -- No Requirement A Allowed Page 309 I. Use Types Use Type T5-C Residential Accessory Structure P Assisted Living Apartment P Community Residence C Convalescent Care Facility/Nursing Home P Downtown Residential P Home Occupation P Hospice P Senior Citizen Apartments P Recreation, Education, and Public Assembly Museum, Art Display, or Art Sales (Private) P Church/House of Worship P College, University, or Seminary P Commercial Recreation/Amusement, Indoor P Community Recreation Facility, Public P Park, Playground, or Open Space P Private Club, Lodge, or Fraternal Organization P Public or Private School (Primary or Secondary) S Trade School P Retail Trade Beer/Wine/Cooler Cultural Establishment; Beer/Wine/Cooler On- and Off-Sale Establishment; Beer/Wine/Cooler Off-Sale Establishment, or Beer/Wine/Cooler On-Sale Establishment S Downtown Retail1 P Grocery Store with Alcohol Sales C Liquor Establishment (Tavern); Lounge Bar; Urban Lounge; or Package Liquor Off-Sale Establishment S Mixed-Use P Restaurant P Restaurant with Alcohol; or Restaurant with Service Bar C Employment & Services Blood Plasma Donor Center P Clinic P Downtown Services2 P Financial Services Institution, Specified S Hospital P Hotel, Motel or Hotel Suites S Hotel, Residence P I. Use Types (cont.) Use Type T5-C Social Services Provider C Telecommunication Facilities Mounted Antenna Over 15 ft (Ultimate Height); Wireless Communication Facility, Non-Stealth Design (Not Qualifying for Conditional Use Approval) S Wireless Communication Facility, Stealth Design or Non-Stealth Design (Qualifying for Conditional Use Approval) C Other Emergency Ambulance Services, Ground P Government Facility P Parking Facility P Public Services, Minor C Temporary Uses3 T Urban Agriculture Community Garden P Notes: Land use types are defined in LVMC Chapter 19.18 (Definitions and Measures). Individual land use types that are included within a general land use type (e.g. Downtown Retail or Downtown Services) are also defined in LVMC Chapter 19.18. If a use is not listed in this table, it is not allowed in the T5-C Zone; except that as allowed under LVMC Section 19.12.100 (Similar and Prohibited Uses) the Director may determine that a use not listed in Table I. is allowed if it is listed in LVMC Section 19.12.010 (Land Use Tables) and the use supports the purpose and intent of the Zone and is consistent with the goals and policies of the Downtown Master Plan. Refer to LVMC Section 19.12.070 (Permissible Use Descriptions and Applicable Conditions and Requirements) for the standards applicable to specific uses. 1 Except Pet Shop, Secondhand Dealer, and Thrift Shop are allowed as Conditional Uses (C). 2 Except Massage, Accessory is allowed as an Accessory Use (A) and Check Cashing Service, Limited is allowed as a Conditional Use (C). 3 Except a Temporary Real Estate Sales Office is allowed as a Conditional Use (C). Key P Use is allowed as a principal use by right. C Use is allowed in accordance with the conditions specified in LVMC Section 19.12.040 for conditional uses. S Use is allowed as a principal use only after first obtaining a Special Use Permit as specified in LVMC Section 19.16.110. T Use is allowed with a Temporary Commercial Page 310 Individual Care Center P Laboratory, Medical or Dental P Massage Establishment S Office, Medical or Dental; or Office, Other Than Listed P Permit as specified in LVMC Section 19.16.160. -- Use is not allowed. Key for Diagram Page 311 J. Parking Standards Front1 Corner Side1 Interio r Side Rear Setback from Lot Line (min.) T U V W Ground Floor 40 ft 10 ft 0 ft 0 ft Upper Floor 40 ft 40 ft 10 ft 0 ft Parking Driveway One-way Two-way Width 12 ft min. - 14 ft max. 32 ft min. - 34 ft max. Miscellaneous Driveways may be shared between adjacent parcels. No new surface parking lots are allowed next to primary or side street frontages. When a lot has an adjoining secondary street, parking must be accessed only from the secondary street. Required Parking Refer to LVMC Section 19.09.100.G (Parking Standards) for vehicular and bicycle parking standards. Required parking may be reduced as set forth in LVMC Section 19.18.030.D.4 (Parking Alternatives). Note: 1 No vehicle parking in the front or corner side yard is allowed. K. Required Street Trees Infill or Replacement Street Trees Min. No. Trees Addition, Renovation, or New Building1 < 1,000 sf -- ≥ 1,000 sf - < 2,500 sf 2 ≥ 2,500 sf 4 Miscellaneous All street trees must be planted in accordance with the species as listed in LVMC Section 19.09.040 (Specific to Districts) and the planting requirements of LVMC Section 19.04.060 (Amenity Zone). Where differences occur, the provisions of 19.09.040 shall apply. All street trees must be planted and maintained to avoid conflicts with large trucks and fire/emergency vehicles. The min. canopy clearance at maturity is 14 ft. Note: 1 Refer to LVMC Section 19.09.020.D (Applicability). Key for Tables -- No Requirement L. Required Open Space Common Open Space Width 15 ft min. Depth 15 ft min. Common open space area per unit 250 sf min.1 Miscellaneous The common open space requirement may be met by providing open space on the ground floor, upper floors, and the roof. No private open space per residential unit is required. Common open space may also be provided in compliance with LVMC Section 19.09.090 (Civic Space Standards) if civic space is provided on the lot. Note: 1 Or 5% of lot area, whichever is greater. 19.09.050.E.016 T5 Main Street Zone (T5-MS) Page 312 A. General Intent The intent of the T5 Main Street Zone is to provide a compact and walkable urban environment with building types that can accommodate a diverse range of professional office, service, and retail uses, as well as residential uses on the upper floors of buildings. A range of building types allows for a majority of active pedestrian street facades supported by required retail frontages on multiple streets. Parking is typically provided in multi-story garages, which if placed next to a street frontage, are lined with active retail/service uses. The flexible nature of the building types is intended to encourage revitalization and investment. The following form elements are generally appropriate in this Zone: Attached Large lot width Large footprint and lot coverage Simple wall plane along the street Buildings placed at or near the edge of right-of-way Diverse mix of building frontages, mostly Arcade, Gallery, and Shopfront Small to no setbacks Min. 3 to max. 7 stories B. Sub-Zone None C. Lot Size No width, depth or area standards are included for the T5-MS Zone. Min. lot sizes may be determined based on the min. and max. building width and depth standards for the building types established in Table D (Building Types). Page 313 Key for Diagrams Page 314 D. Building Types Main Building Body Secondary Wing Width (max.) Depth (max.) Width (max.) Depth (max.) Building Type A B C D Flex High-Rise 380 ft1 200 ft1 75 ft 100 ft Flex Mid-Rise 200 ft1 175 ft1 75 ft 100 ft Flex Low-Rise 150 ft 150 ft 70 ft 70 ft Courtyard Building 175 ft1 175 ft1 40 ft -- Accessory Structure2 -- -- -- -- Lined Building Refer to building dimensions in Subsection D (Building Types, Additional Standards for a Lined Building) Miscellaneous The floorplate of any floor must not be larger than that of the floor below, except if an arcade frontage type is used. Notes: 1 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. 2 The total GFA of all Accessory Dwelling Units and Accessory Structures cannot exceed 20% of the GFA of the primary structure. 3 Building height must comply with the height standards defined for the Zone. Key for Tables -- No Requirement D. Building Types (cont.) Additional Standards for a Courtyard Building Dimensions - Courtyard(s) Width 20 ft min.; 100 ft max. E Width-to-Height Ratio3 1:2 min.; 2:1 max. Depth 50 ft min.; 100 ft max. F Percentage of width of building 50% max. Total Area 400 sf min. A minimum of two courtyard edges must be defined by the building. Courtyard edges not defined by the building must be defined by a wall min. 3 ft/max. 5 ft in height. The proportions and orientation of courtyards must be carefully considered for solar orientation and user comfort. Access Standards Access to the building must be from the street or from the courtyard. Each unit (residential or commercial) may have an individual entry from the courtyard. Multiple courtyards must be connected through and between buildings. Courtyards must be accessible from the primary street. Key for Diagram Page 315 D. Building Types (cont.) Additional Standards for a Lined Building Dimensions - Exterior Building Length 400 ft max.1 G Width 300 ft max.2 H Depth (from front of building) 30 ft min. I Dimensions - Interior Building Width 180 ft max. J Depth 230 ft max. K Notes: 1 Or the max. length of the block. 2 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. D. Building Types (cont.) Miscellaneous Building height must comply with the height standards defined in the Zone. Allowed frontage types are described in Table G (Frontages). The side of an interior building exposed to a street or civic space must be lined by the exterior building. A forecourt or pocket plaza is required along the primary frontage or at a primary street corner. Access Standards Ground floor units facing a street or alley must be accessed from the street or alley by an allowed frontage type. Vehicle access to the interior building must be from an alley or a min. of 150 ft from an intersection if no alley is present. Key for Diagrams Page 316 E. Building Placement Front1,2 Corner Side1,2 Interior Side3,4 Rear4 Setback Distance (Distance from ROW/Lot Line) L M N O Primary Building Min. 5 ft 10 ft 0 ft3 5 ft Max. 10 ft 20 ft 15 -- Primary Building Facade within Facade Zone Front (min.) 70% Side Street (min.) 60% Miscellaneous A building form with a chamfered corner is only allowed on corner lots and only if a corner entry is provided. Notes: 1 Additional setback and/or easement may be required where street ROW or a utility easement is needed. 2 Sidewalk must be extended into the setback area to meet the building. 3 Buildings and structures located < 5 feet from a property line must comply with all applicable Building and Fire Code requirements. 4 Where building elevations include balconies or windows, a minimum of 10 feet setback distance from the balcony or window edge to the property side and rear lot line is required. Key for Tables -- No Requirement F. Building Form Standards Building Height Stories P Primary Building 2 min. - 7 max. Accessory Building 2 max. Primary Building Ground Floor Finish Level1,2 Q Height above curb Residential 1.50 ft min. Service or Retail uses 0.50 ft max. Ground floor lobbies and common areas in multi-unit buildings may have a ≤ 0.50 ft ground floor finish level. Floor-to-Ceiling Ground floor 14 ft min. R Upper floors 9 ft min. S Footprint3 Lot coverage 90% max. Depth Ground floor space 30 ft min. T Notes: 1 Buildings existing at the time of adoption of the Form-Based Code and additions to those buildings that are less than 50% of the existing gross floor area are exempt. 2 Primary buildings located on lots sloping down and away from the street are exempt. 3 Independently by lot coverage requirements, all buildings must still meet setback requirements as per 19.09.050.E.E. Key for Diagram Page 317 G. Frontages Private Frontage Type Front Corner Side Standards Arcade A A 19.09.070.D Dooryard A A 19.09.070.F Forecourt A A 19.09.070.G Gallery A A 19.09.070.H Shopfront A A 19.09.070.K Stoop A A 19.09.070.L Terrace1 A A 19.09.070.M Pedestrian Access Pedestrian entrances must be provided at least every 50 ft along the ground floor primary street facade and the side street facade. Miscellaneous For non-residential uses, loading docks, overhead doors, and other service entries must be screened and must be located to the rear or on side street facades. Note: 1 Allowed only when necessary to accommodate a grade change. Key for Tables -- No Requirement A Allowed H. Encroachments into Facade Zone Front (max.) Corner Side (max.) Interior Side (max.) Rear (max. ) Encroachment Type U V W X Frontage Type Arcade1 Gallery1 Shopfront: awning, balcony1, bay window, or projecting shade structure 10 ft 10 ft -- -- Upper floor balconies2 6 ft 6 ft 5 ft 5 ft Architectural Features 3 ft 3 ft 3 ft 3 ft Signage A A -- -- Driveways3 A3 A3 -- -- Miscellaneous Encroachments are allowed into the facade zone, and except for an arcade, gallery, or balconies and in conjunction with an encroachment agreement, they are not allowed within a street ROW, alley ROW, or across a lot line. Notes: 1 May encroach into the street ROW to within 2 ft of the face of the curb, subject to approval by the Public Works Director. 2 May encroach into the street ROW up to a maximum of 5 ft, subject to approval by the Public Works Director. 3 Only allowed when there is no alternative access from the rear. Page 318 I. Use Types Use Type T5-MS Residential Accessory Structure P Assisted Living Apartment P Community Residence P Convalescent Care Facility/Nursing Home P Downtown Residential P Home Occupation P Hospice P Senior Citizen Apartments P Recreation, Education, and Public Assembly Museum, Art Display, or Art Sales (Private) P Church/House of Worship P College, University, or Seminary P Commercial Recreation/Amusement, Indoor P Community Recreational Facility (Public) P Park, Playground, or Open Space P Private Club, Lodge, or Fraternal Organization P Public or Private School (Primary or Secondary) S Trade School P Retail Trade Beer/Wine/Cooler Cultural Establishment; Beer/Wine/Cooler On- and Off-Sale Establishment; or Beer/Wine/Cooler Off-Sale Establishment S Beer/Wine/Cooler On-Sale Establishment C Downtown Retail1 P Grocery Store with Alcohol Sales C Liquor Establishment (Tavern); Lounge Bar; or Urban Lounge S Mixed-Use P Package Liquor Off-Sale Establishment S Restaurant P Restaurant with Alcohol; or Restaurant with Service Bar P Employment & Services Blood Plasma Donor Center S Clinic P Downtown Services2 P Hospital C Hotel, Motel or Hotel Suites S Hotel, Residence S Laboratory, Medical or Dental P I. Use Types (cont.) Use Type T5-MS Telecommunication Facilities Mounted Antenna Over 15 ft (Ultimate Height); Wireless Communication Facility, Non-Stealth Design (Not Qualifying for Conditional Use Approval) S Wireless Communication Facility, Stealth Design or Non-Stealth Design (Qualifying for Conditional Use Approval) C Other Emergency Ambulance Services, Ground S Government Facility P Parking Facility P Public Services, Minor C Temporary Uses3 T Urban Agriculture Community Garden P Notes: Land use types are defined in LVMC Chapter 19.18 (Definitions and Measures). Individual land use types that are included within a general land use type (e.g. Downtown Retail or Downtown Services) are also defined in LVMC Chapter 19.18. If a use is not listed in this table, it is not allowed in the T5-MS Zone; except that as allowed under LVMC Section 19.12.100 (Similar and Prohibited Uses) the Director may determine that a use not listed in Table I. is allowed if it is listed in LVMC Section 19.12.010 (Land Use Tables) and the use supports the purpose and intent of the Zone and is consistent with the goals and policies of the Downtown Master Plan. Refer to LVMC Section 19.12.070 (Permissible Use Descriptions and Applicable Conditions and Requirements) for the standards applicable to specific uses. 1 Except Pet Shop, Secondhand Dealer, and Thrift Shop are allowed as Conditional Uses (C). 2 Except Massage, Accessory is allowed as an Accessory Use (A) and Check Cashing Service, Limited is allowed as a Conditional Use (C). 3 Except a Temporary Real Estate Sales Office is allowed as a Conditional Use (C). Key P Use is allowed as a principal use by right. C Use is allowed in accordance with the conditions specified in LVMC Section 19.12.040 for conditional uses. S Use is allowed as a principal use only after first obtaining a Special Use Permit as specified in LVMC Section 19.16.110. T Use is allowed with a Temporary Commercial Permit as specified in LVMC Section 19.16.160. Page 319 Marijuana Dispensary S Office, Medical or Dental; or Office, Other Than Listed P -- Use is not allowed. Key for Diagram J. Parking Standards Front1 Corner Side1 Interior Side Rear Setback from Lot Line (min.) Y Z AA BB Ground Floor 40 ft 10 ft 0 ft 0 ft Upper Floor 40 ft 40 ft 0 ft 0 ft Parking Driveway One-way Two-way Width 12 ft min. - 14 ft max. 32 ft min. - 34 ft max. Miscellaneous Where feasible, driveways must be shared between adjacent parcels. When a lot has an adjoining secondary street, parking must be accessed only from the secondary street. Required Parking Refer to LVMC Section 19.09.100.G (Parking Standards) for vehicular and bicycle parking standards. Required parking may be reduced as set forth in LVMC Section 19.18.030.D.4 (Parking Alternatives). Note: 1 No vehicle parking in the front or corner side yard is allowed. K. Required Street Trees Infill or Replacement Street Trees Min. No. Trees Addition, Renovation, or New Building1 < 2,500 sf -- ≥ 2,500 sf - < 5,000 sf 2 ≥ 5,000 sf - < 10,000 sf 4 ≥ 10,000 sf As required along all street frontages Miscellaneous All street trees must be planted in accordance with the species as listed in LVMC Section 19.09.040 (Specific to Districts) and the planting requirements of LVMC Section 19.04.060 (Amenity Zone). Where differences occur, the provisions of 19.09.040 shall apply. All street trees must be planted and maintained to avoid conflicts with large trucks and fire/emergency vehicles. The min. canopy clearance at maturity is 14 ft. Note: 1 Refer to LVMC Section 19.09.020.D (Applicability). Key for Tables -- No Requirement Page 320 L. Required Open Space Common Open Space Width 20 ft min. Depth 20 ft min. Common open space area per unit 100 sf min.1 Miscellaneous The common open space requirement may be met by providing open space on the ground floor, upper floors, and the roof. No private open space per residential unit is required. Common open space may also be provided in compliance with LVMC Section 19.09.090 (Civic Space Standards) if civic space is provided on the lot. Note: 1 Or 5% of lot area, whichever is greater. 19.09.050.E.020 T5 Neighborhood Zone (T5-N) Page 321 A. General Intent The intent of the T5 Neighborhood Zone is to provide a compact urban form that accommodates a variety of urban housing choices, including small footprint/low density building types to medium/large footprint building types, as well as limited retail and services uses. This Zone reinforces the walkable nature of the neighborhood, supports neighborhood-serving commercial and service uses adjacent to this Zone, and supports public transportation alternatives. The following form elements are generally appropriate in this Zone: Attached or detached Medium to large lot width Medium to large footprint and lot coverage Buildings placed at or near the edge of right-of-way Diverse mix of building frontages, but primarily Arcade, Dooryard, Forecourt, Shopfront, or Terrace Medium setbacks Min. 2 to max. 5 stories B. Sub-Zone None C. Lot Size No width, depth or area standards are included for the T5-N Zone. Min. lot sizes may be determined based on the min. and max. building width and depth standards for the building types established in Table D (Building Types). Page 322 Key for Diagram D. Building Types Main Building Body Secondary Wing Width (max.) Depth (max. ) Width (max. ) Depth (max.) Building Type A B C D Courtyard Building 175 ft1 175 ft1 40 ft -- Flex Mid-Rise 170 ft1 175 ft1 60 ft 60 ft Flex Low-Rise 150 ft 150 ft 60 ft 60 ft Multi-plex: Large 100 ft 75 ft 20 ft 30 ft Multi-plex: Small 50 ft 50 ft 20 ft 20 ft Duplex, Side-by- side 48 ft -- -- -- Duplex, Front-and- Back 36 ft -- 20 ft 22 ft Duplex, Stacked 36 ft -- 20 ft 22 ft Rowhouse 18 - 36 ft 45 ft -- -- Bungalow Court2 32 ft 26 ft -- -- Live/Work3 28 ft 36 ft 16 ft 18 ft Accessory Dwelling Unit4 36 ft 32 ft -- -- Accessory Structure4 36 ft 32 ft -- -- Key for Tables -- No Requirement D. Building Types (cont.) Miscellaneous The floorplate of any floor must not be larger than that of the floor below, except if an arcade frontage type is used. Notes: 1 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. 2 The shared courtyard must be accessible from the primary street and the entrance to each bungalow must be from the shared courtyard. 3 Must be built with a minimum of 2 units attached together. Max. width of all attached buildings must not exceed 150 ft. 4 The total GFA of all Accessory Dwelling Units and Accessory Structures cannot exceed 20% of the GFA of the primary structure. Page 323 Key for Diagram D. Building Types (cont.) Additional Standards for a Courtyard Building Dimensions - Courtyard(s) Width 20 ft min.; 100 ft max. E Width-to-Height Ratio5 1:2 min.; 2:1 max. Depth 50 ft min.; 100 ft max. F Percentage of width of building 50% max. Total Area 400 sf min. A minimum of two courtyard edges must be defined by the building. Courtyard edges not defined by the building must be defined by a wall min. 3 ft/max. 5 ft in height. The proportions and orientation of courtyards must be carefully considered for solar orientation and user comfort. Note: 5 Building height must comply with the height standards defined for the Zone. D. Building Types (cont.) Additional Standards for a Courtyard Building (cont.) Access Standards Access to the building must be from the street or from the courtyard. Each unit (residential or commercial) may have an individual entry from the courtyard. Page 324 Key for Diagrams E. Building Placement Front1,2 Corner Side1 Interior Side3,4 Rear4 Setback Distance (Distance from ROW/Lot Line) G H I J Primary Building Min. 5 ft 5 ft 0 ft 5 ft Max. 15 ft 20 ft 30 ft -- Primary Building Facade within Facade Zone Front (min.) 65% Side Street (min.) 50% Miscellaneous A building form with a chamfered corner is only allowed on corner lots and only if a corner entry is provided. Notes: 1 Additional setback and/or easement may be required where street ROW or a utility easement is needed. 2 Sidewalk must be extended into the setback area to meet the building. 3 Buildings and structures located < 5 feet from a property line must comply with all applicable Building and Fire Code requirements. 4 Where building elevations include balconies or windows, a minimum of 10 feet setback distance from the balcony or window edge to the property side and rear lot line is required. Key for Tables -- No Requirement F. Building Form Standards Building Height Stories K Primary Building 2 min. - 5 max. Accessory Building 2 max. Primary Building Ground Floor Finish Level1,2 L Height above curb Residential 1.50 ft min. Service or Retail uses 0.50 ft max. Ground floor lobbies and common areas in multi-unit buildings may have a ≤ 0.50 ft ground floor finish level. Floor-to-Ceiling Ground floor (service or retail uses) 14 ft min. M Upper floors 8 ft min. N Footprint3 Lot coverage 85% max. Depth Ground floor space retail/service space 30 ft min. O Notes: 1 Buildings existing at the time of adoption of the Form-Based Code and additions to those buildings that are less than 50% of the existing gross floor area are exempt. 2 Primary buildings located on lots sloping down and away from the street are exempt. 3 Independently by lot coverage requirements, all buildings must still meet setback requirements as per 19.09.050.E.E. Page 325 Key for Diagram Page 326 G. Frontages Private Frontage Type Front Corner Side Standards Arcade A A 19.09.070.D Common Yard A A 19.09.070.E Dooryard A A 19.09.070.F Forecourt A A 19.09.070.G Gallery A A 19.09.070.H Shopfront A A 19.09.070.K Stoop A A 19.09.070.L Terrace1 A A 19.09.070.M Pedestrian Access For service and retail uses pedestrian entrances must be provided at least every 50 ft along the ground floor primary street facade and the side street facade. Miscellaneous For non-residential uses, loading docks, overhead doors, and other service entries must be screened and must be located to the rear or on side street facades. Note: 1 Allowed only when necessary to accommodate a grade change. Key for Tables -- No Requirement A Allowed H. Encroachments into Facade Zone Front (max.) Corner Side (max.) Interior Side (max.) Rear (max.) Encroachment Type P Q R S Frontage Type Arcade1 Gallery1 Shopfront: awning, balcony1, bay window, or projecting shade structure 10 ft 10 ft -- -- Upper floor balconies2 6 ft 6 ft 5 ft 5 ft Architectural Features 3 ft 3 ft 3 ft 3 ft Signage A A -- -- Driveways A3 A3 -- -- Miscellaneous Encroachments are allowed into the facade zone, and except for an arcade, gallery, or balconies and in conjunction with an encroachment agreement, they are not allowed within a street ROW, alley ROW, or across a lot line. Notes: 1 May encroach into the street ROW to within 2 ft of the face of the curb, subject to approval by the Public Works Director. 2 May encroach into the street ROW up to a maximum of 5 ft, subject to approval by the Public Works Director. 3 Only allowed when there is no alternative access from the rear. Page 327 I. Use Types Use Type T5-N Residential Accessory Dwelling Unit P Accessory Structure P Assisted Living Apartment P Community Residence P Convalescent Care Facility/Nursing Home P Downtown Residential P Fraternity, Sorority House, or Private Dorms P Home Occupation P Hospice P Individual Care - Family Home P Individual Care - Group Home S Senior Citizen Apartments P Recreation, Education, and Public Assembly Museum, Art Display, or Art Sales (Private) P Church/House of Worship P Community Recreational Facility, Public P Park, Playground, or Open Space P Public or Private School (Primary or Secondary) S Retail Trade Downtown Retail1 P Mixed-Use P Restaurant P Restaurant with Alcohol; or Restaurant with Service Bar C Employment & Services Downtown Services2 P Hotel, Residence S Individual Care Center P Laboratory, Medical or Dental P Office, Medical or Dental; or Office, Other Than Listed P Telecommunication Facilities Mounted Antenna Over 15 ft (Ultimate Height); Wireless Communication Facility, Non-Stealth Design (Not Qualifying for Conditional Use Approval) S Wireless Communication Facility, Stealth Design or Non-Stealth Design (Not qualifying for Conditional Use Approval) C I. Use Types (cont.) Use Type T5-N Other Parking Facility P Public Services, Minor C Temporary Uses3 T Urban Agriculture Community Garden P Notes: Land use types are defined in LVMC Chapter 19.18 (Definitions and Measures). Individual land use types that are included within a general land use type (e.g. Downtown Retail or Downtown Services) are also defined in LVMC Chapter 19.18. If a use is not listed in this table, it is not allowed in the T5-N Zone; except that as allowed under LVMC Section 19.12.100 (Similar and Prohibited Uses) the Director may determine that a use not listed in Table I. is allowed if it is listed in LVMC Section 19.12.010 (Land Use Tables) and the use supports the purpose and intent of the Zone and is consistent with the goals and policies of the Downtown Master Plan. Refer to LVMC Section 19.12.070 (Permissible Use Descriptions and Applicable Conditions and Requirements) for the standards applicable to specific uses. 1 Except Pet Shop, Secondhand Dealer, and Thrift Shop are allowed as Conditional Uses (C). 2 Except Massage, Accessory is allowed as an Accessory Use (A) and Check Cashing Service, Limited is allowed as a Conditional Use (C). 3 Except a Temporary Real Estate Sales Office is allowed as a Conditional Use (C). Key P Use is allowed as a principal use by right. C Use is allowed in accordance with the conditions specified in LVMC Section 19.12.040 for conditional uses. S Use is allowed as a principal use only after first obtaining a Special Use Permit as specified in LVMC Section 19.16.110. T Use is allowed with a Temporary Commercial Permit as specified in LVMC Section 19.16.160. -- Use is not allowed. Page 328 Key for Diagram J. Parking Standards Front1 Corner Side1 Interior Side Rear Setback from Lot Line (min.) T U V W Ground Floor 35 ft 10 ft 5 ft 5 ft Parking Driveway One-way Two-way Width 12 ft min. - 14 ft max. 32 ft min. - 34 ft max. Miscellaneous Where feasible, driveways must be shared between adjacent parcels. Parking spaces may be enclosed, covered, or open. Tandem parking is allowed for off-street parking to meet the requirements for a residential unit. When a lot has an adjoining secondary street, parking must be accessed only from the secondary street. Required Parking Refer to LVMC Section 19.09.100.G (Parking Standards) for vehicular and bicycle parking standards. Required parking may be reduced as set forth in LVMC Section 19.18.030.D.4 (Parking Alternatives). Note: 1 No vehicle parking in the front or corner side yard is allowed. K. Required Street Trees Infill or Replacement Street Trees Min. No. Trees Addition, Renovation, or New Building1 < 2,500 sf -- ≥ 2,500 sf - < 5,000 sf 2 ≥ 5,000 sf - < 10,000 sf 4 ≥ 10,000 sf As required along all street frontages Miscellaneous All street trees must be planted in accordance with the species as listed in LVMC Section 19.09.040 (Specific to Districts) and the planting requirements of LVMC Section 19.04.060 (Amenity Zone). Where differences occur, the provisions of 19.09.040 shall apply. All street trees must be planted and maintained to avoid conflicts with large trucks and fire/emergency vehicles. The min. canopy clearance at maturity is 14 ft. Note: 1 Refer to LVMC Section 19.09.020.D (Applicability). Key for Tables -- No Requirement Page 329 L. Required Open Space Common Open Space Width 20 ft min. Depth 20 ft min. Common open space area per unit 100 sf min.1 Miscellaneous The common open space requirement may be met by providing open space on the ground floor, upper floors, and the roof. No private open space per residential unit is required. Common open space may also be provided in compliance with LVMC Section 19.09.090 (Civic Space Standards) if civic space is provided on the lot. Note: 1 Or 5% of lot area, whichever is greater. 19.09.050.E.024 T4 Zone (T4) Placeholder 19.09.050.E.028 T4 Main Street Zone (T4-MS) Placeholder 19.09.050.E.032 T4 Neighborhood Zone (T4-N) Placeholder 19.09.050.E.036 T4 Maker Zone (T4-M) Placeholder 19.09.050.E.040 T4 Corridor Zone (T4-C) Page 330 A. General Intent The T4 Corridor Zone is intended to enhance the City's existing corridors by allowing a wide variety of building types to accommodate a range of commercial, retail, office, and service uses in small to large footprint buildings along major arterial corridors carrying high volumes of vehicular traffic. With the future development of Bus Rapid Transit or Light Rail transportation options, these corridors, such as the Multi-Functional Spine or Iconic/Ceremonial Corridors, supported by this Zone will likely transition to a more urban and walkable built environment with residential uses behind or above the commercial uses. The following form elements are generally appropriate in this Zone: Attached or detached Medium to large lot width Medium to large footprint and lot coverage Buildings placed at or near the edge of right-of-way Mix of building frontages, but mostly Shopfront Medium setback Min. 2 to max. 5 stories B. Sub-Zone None C. Lot Size No width, depth or area standards are included for the T4-C Zone. Min. lot sizes may be determined based on the min. and max. building width and depth standards for the building types established in Table D (Building Types). Page 331 Key for Diagrams Page 332 D. Building Types Main Building Body Secondary Wing Width (max.) Depth (max.) Width (max.) Depth (max.) Building Type A B C D Flex Mid-Rise 200 ft1 175 ft1 40 ft 75 ft Flex Low-Rise 100 ft 100 ft 40 ft 40 ft Courtyard Building 100 ft 100 ft 40 ft 100 ft Multi-plex: Large 90 ft 65 ft 20 ft 30 ft Multi-plex: Small 50 ft 50 ft 20 ft 20 ft Rowhouse 18-36 ft 45 ft -- -- Live/Work2 28 ft 36 ft 16 ft 18 ft Accessory Structure3 -- -- -- -- Miscellaneous The floorplate of any floor must not be larger than that of the floor below, except if an arcade frontage type is used. Additional Standards for a Courtyard Building Dimensions - Courtyard(s) Width 20 ft min.; 100 ft max. E Width-to-Height Ratio4 1:2 min.; 2:1 max. Depth 50 ft min.; 100 ft max. F Percentage of width of building 50% max. Total Area 400 sf min. D. Building Types (cont.) Additional Standards for a Courtyard Building (cont.) A minimum of two courtyard edges must be defined by the building. Courtyard edges not defined by the building must be defined by a wall min. 3 ft/max. 5 ft in height. The proportions and orientation of courtyards must be carefully considered for solar orientation and user comfort. Access Standards Access to the building must be from the street or from the courtyard. Each unit (residential or commercial) may have an individual entry from the courtyard. Multiple courtyards must be connected through and between buildings Courtyards must be accessible from the primary street. Notes: 1 Buildings wider than 150 ft must be designed to read as a series of buildings no wider than 100 ft each. 2 Must be built with a minimum of 2 units attached together. Max. width of all attached buildings must not exceed 150 ft. 3 The total GFA of all Accessory Dwelling Units and Accessory Structures cannot exceed 30% of the GFA of the primary structure. 4 Building height must comply with the height standards defined for the Zone. Key for Diagrams Page 333 E. Building Placement Front1,2 Corner Side1 Interio r Side3,4 Rea r4 Setback Distance (Distance from ROW/Lot Line) G H I J Primary Building Min. 10 ft 10 ft 0 ft 10 ft Max. 15 ft 15 ft 15 ft -- Primary Building Facade within Facade Zone Front (min.) 75% Side Street (min.) 50% Miscellaneous A building form with a chamfered corner is only allowed on corner lots and only if a corner entry is provided. Notes: 1 Additional setback and/or easement may be required where street ROW or a utility easement is needed. 2 Sidewalk must be extended into the setback area to meet the building. 3 Buildings and structures located < 5 feet from a property line must comply with all applicable Building and Fire Code requirements. 4 Where building elevations include balconies or windows, a minimum of 10 feet setback distance from the balcony or window edge to the property side and rear lot line is required. F. Building Form Standards Building Height Stories K Primary Building 2 min. - 5 max.1,2 Accessory Building 2 max. F. Building Form Standards (cont.) Primary Building Ground Floor Finish Level3,4 L Height above curb Residential 1.50 ft min. Service or Retail uses 0.50 ft max. Ground floor lobbies and common areas in multi-unit buildings may have a ≤ 0.50 ft ground floor finish level. Floor-to-Ceiling Ground floor 14 ft min. M Upper floors 9 ft min. N Footprint5 Lot coverage Mixed-use with residential uses 85% max. All other uses 75% max. Depth Ground floor space 30 ft min. O Notes: 1 Max. 8 stories allowed for only the Flex Mid-Rise Building Type subject to Major Site Development Plan Review (Refer to LVMC Section 19.16.100.G (Major Review of Site Development Plans). 2 The residential adjacency standards established in LVMC Section 19.08.040.H (Residential Adjacency Standards) will apply. 3 Buildings existing at the time of adoption of the Form-Based Code and additions to those buildings that are less than 50% of the existing gross floor area are exempt. 4 Primary buildings located on lots sloping down and away from the street are exempt. 5 Independently by lot coverage requirements, all buildings must still meet setback requirements as per 19.09.050.E.E. Key for Diagram Page 334 G. Frontages Private Frontage Type Front Corner Side Standards Arcade A A 19.09.070.D Gallery A A 19.09.070.H Porch: Engaged A A 19.09.070.I Porch: Projecting A A 19.09.070.J Shopfront A A 19.09.070.K Terrace1 A A 19.09.070.M Pedestrian Access Pedestrian entrances must be provided at least every 50 ft along the ground floor primary street facade and the side street facade. Miscellaneous For non-residential uses, loading docks, overhead doors, and other service entries must be screened and must be located to the rear or on side street facades. Note: 1 Allowed only when necessary to accommodate a grade change. Key for Tables -- No Requirement A Allowed H. Encroachments into Facade Zone Front (max.) Corner Side (max.) Interior Side (max.) Rear (max.) Encroachment Type P Q R S Frontage Type Arcade1 Gallery1 Shopfront: awning, balcony1, bay window, or projecting shade structure 10 ft 10 ft -- -- Upper floor balconies2 6 ft 6 ft 5 ft 5 ft Architectural Features 3 ft 3 ft 3 ft 3 ft Signage A A -- -- Driveways A3 A3 -- A Miscellaneous Encroachments are allowed into the facade zone, and except for an arcade, gallery, or upper floor balconies and in conjunction with an encroachment agreement, they are not allowed within a street ROW, alley ROW, or across a lot line. Notes: 1 May encroach into the street ROW to within 2 ft of the face of the curb, subject to approval by the Public Works Director. 2 May encroach into the street ROW up to a maximum of 5 ft, subject to approval by the Public Works Director. 3 Only allowed when there is no alternative access from the rear. Page 335 I. Use Types Use Type T4-C Residential Accessory Structure P Assisted Living Apartment C Community Residence C Convalescent Care Facility/Nursing Home P Downtown Residential P Home Occupation P Hospice P Senior Citizen Apartments C Recreation, Education, and Public Assembly Museum, Art Display, or Art Sales (Private) P Church/House of Worship P College, University, or Seminary P Commercial Recreation/Amusement, Indoor P Community Recreation Facility, Public P Park, Playground, or Open Space P Private Club, Lodge, or Fraternal Organization P Public or Private School (Primary or Secondary) S Trade School P Retail Trade Beer/Wine/Cooler Cultural Establishment; Beer/Wine/Cooler On- and Off-Sale Establishment; Beer/Wine/Cooler Off-Sale Establishment, or Beer/Wine/Cooler On-Sale Establishment S Downtown Retail1 P Drive-Through C Grocery Store with Alcohol Sales C Liquor Establishment (Tavern); Lounge Bar; Urban Lounge; or Package Liquor Off-Sale Establishment S Mixed-Use P Restaurant P Restaurant with Alcohol; or Restaurant with Service Bar C Employment & Services Clinic P Downtown Services2 P Financial Services Institution, Specified S Hospital P Hotel, Motel or Hotel Suites S Hotel, Residence P I. Use Types (cont.) Use Type T4-C Office, Medical or Dental; or Office, Other Than Listed P Telecommunication Facilities Mounted Antenna Over 15 ft (Ultimate Height); Wireless Communication Facility, Non-Stealth Design (Not Qualifying for Conditional Use Approval) S Wireless Communication Facility, Stealth Design or Non-Stealth Design (Not qualifying for Conditional Use Approval) C Other Emergency Ambulance Services, Ground P Government Facility P Parking Facility P Public Services, Minor C Temporary Uses3 T Urban Agriculture Community Garden P Notes: Land use types are defined in LVMC Chapter 19.18 (Definitions and Measures). Individual land use types that are included within a general land use type (e.g. Downtown Retail or Downtown Services) are also defined in LVMC Chapter 19.18. If a use is not listed in this table, it is not allowed in the T4-C Zone; except that as allowed under LVMC Section 19.12.100 (Similar and Prohibited Uses) the Director may determine that a use not listed in Table I. is allowed if it is listed in LVMC Section 19.12.010 (Land Use Tables) and the use supports the purpose and intent of the Zone and is consistent with the goals and policies of the Downtown Master Plan. Refer to LVMC Section 19.12.070 (Permissible Use Descriptions and Applicable Conditions and Requirements) for the standards applicable to specific uses. 1 Except Pet Shop, Secondhand Dealer, and Thrift Shop are allowed as Conditional Uses (C). 2 Except Massage, Accessory is allowed as an Accessory Use (A) and Check Cashing Service, Limited is allowed as a Conditional Use (C). 3 Except a Temporary Real Estate Sales Office is allowed as a Conditional Use (C). Key P Use is allowed as a principal use by right. C Use is allowed in accordance with the conditions specified in LVMC Section 19.12.040 for conditional uses. S Use is allowed as a principal use only after first obtaining a Special Use Permit as specified in LVMC Section 19.16.110. T Use is allowed with a Temporary Commercial Page 336 Individual Care Center P Laboratory, Medical or Dental P Massage Establishment S Permit as specified in LVMC Section 19.16.160. -- Use is not allowed. Key for Diagram J. Parking Standards Front Corner Side Interior Side Rear Setback from Lot Line (min.) T U V W Ground Floor 40 ft 10 ft 0 ft 0 ft Upper Floor 40 ft 40 ft 10 ft 0 ft Parking Driveway One-way Two-way Width 12 ft min. - 14 ft max. 32 ft min. - 34 ft max. Miscellaneous Driveways may be shared between adjacent parcels. No new surface parking lots are allowed next to primary or side street frontages. When a lot has an adjoining secondary street, parking must be accessed only from the secondary street. Required Parking Refer to LVMC Section 19.09.100.G (Parking Standards) for vehicular and bicycle parking standards. Required parking may be reduced as set forth in LVMC Section 19.18.030.D.4 (Parking Alternatives). Note: 1 No vehicle parking in the front or corner side yard is allowed, except on a driveway. K. Required Street Trees Infill or Replacement Street Trees Min. No. Trees Addition, Renovation, or New Building1 < 1,000 sf -- ≥ 1,000 sf - < 2,500 sf 2 ≥ 2,500 sf 4 Miscellaneous All street trees must be planted in accordance with the species as listed in LVMC Section 19.09.040 (Specific to Districts) and the planting requirements of LVMC Section 19.04.060 (Amenity Zone). Where differences occur, the provisions of 19.09.040 shall apply. All street trees must be planted and maintained to avoid conflicts with large trucks and fire/emergency vehicles. The min. canopy clearance at maturity is 14 ft. Note: 1 Refer to LVMC Section 19.09.020.D (Applicability). Key for Tables -- No Requirement Page 337 L. Required Open Space Common Open Space Width 15 ft min. Depth 15 ft min. Common open space area per unit 250 sf min.1 Miscellaneous The common open space requirement may be met by providing open space on the ground floor, upper floors, and the roof. No private open space per residential unit is required. Common open space may also be provided in compliance with LVMC Section 19.09.090 (Civic Space Standards) if civic space is provided on the lot. Note: 1 Or 5% of lot area, whichever is greater. 19.09.050.E.044 T3 Neighborhood Zone (T3-N) Key for Diagram Page 338 A. General Intent The T3 Neighborhood Zone is intended to protect the integrity of existing neighborhoods with detached homes on small-to-medium sized lots. The Zone reinforces the role of these residential building types within walkable neighborhoods, supports adjacent neighborhood-serving retail and service uses, and supports public transportation options. The following form elements are generally appropriate in this Zone: Primarily detached, but may be attached Small to medium lot width Small to medium footprint and lot coverage Primarily with common yards, stoops, and porches Medium to large front setback Medium to large side setbacks 1 to 2 stories B. Sub-Zone None C. Lot Size Area Min. 6,000 sf Max. 12,800 sf Width A Min. 50 ft Max. 80 ft Depth B Min. 90 ft Max. 160 ft Key for Diagram Page 339 D. Building Types Main Building Body Secondary Wing Width (max.) Depth (max.) Width (max.) Depth (max.) Building Type Per Lot (max.) C D E F Duplex, Side-by-side 1 48 ft -- 20 ft 22 ft Duplex - Front and Back 1 36 ft -- 20 ft 22 ft Duplex - Stacked 1 36 ft -- 20 ft 22 ft Large House 1 65 ft -- 20 ft 22 ft Medium House 1 50 ft -- 20 ft 22 ft Small House 1 30 ft -- 20 ft 22 ft Key for Tables -- No Requirement D. Building Types (cont.) Main Building Body Secondary Wing Width (max.) Depth (max. ) Width (max. ) Depth (max.) Building Type Per Lot (max.) C D E F Bungalow Court1 3 min.; 9 max. 32 ft 26 ft -- -- Accessory Dwelling Unit2 1 -- -- -- -- Accessory Structure2 2 -- -- -- -- Notes: 1 Only 1 residential unit per bungalow allowed. The shared courtyard must be accessible from the primary street and the entrance to each bungalow must be from the shared courtyard. 2 The total GFA of all Accessory Dwelling Units and Accessory Structures cannot exceed 60% of the GFA of the primary structure. Key for Diagrams Page 340 E. Building Placement Front Corner Side Interior Side Rear Setback Distance (Distance from ROW/Lot Line) G H I J Primary Building Min. 15 ft 15 ft 5 ft 15 ft Max. 25 ft 20 ft -- -- ADU or Accessory Structure Min. 30 ft 15 ft 3 ft1 3 ft1 Miscellaneous Patio covers must comply with the standards provided in Table 4 (Patio Cover) in LVMC Section 19.06.070 (R-1 (Single Family Residential)). All structures located < 5 feet from another structure must comply with all applicable Building and Fire Code requirements. Notes: 1 Buildings and structures located < 5 feet from a property line must comply with all applicable Building and Fire Code requirements. Key for Tables -- No Requirement F. Building Form Standards Building Height Stories K Primary Building 2 max. ADU or Accessory Structure1 2 max. Primary Building Ground Floor Finish Level2,3 L Height above curb Residential 1.50 ft min. Floor-to-Ceiling Ground floor (service or retail uses) 8 ft min. M Upper floors 8 ft min. N Footprint Lot coverage 65% max. Notes: 1 ADUs or accessory structures must not exceed the overall height of the primary building. 2 Buildings existing at the time of adoption of the Form-Based Code and additions to those buildings that are less than 50% of the existing gross floor area are exempt. 3 Primary buildings located on lots sloping down and away from the street are exempt. Key for Diagram Page 341 G. Frontages Private Frontage Type Front Corner Side Standards Common Yard A A 19.09.070.E Forecourt A A 19.09.070.G Porch: Engaged A A 19.09.070.I Porch: Projecting A A 19.09.070.J Stoop A A 19.09.070.L Key for Tables -- No Requirement A Allowed H. Encroachments into Facade Zone Front (max.) Corner Side (max.) Interior Side (max.) Rear (max. ) Encroachment Type O P Q R Frontage Type Porch: Engaged Porch: Projecting Stoop 5 ft 5 ft -- -- Architectural Features 3 ft 3 ft 3 ft 3 ft Driveways A A A A Miscellaneous Encroachments are allowed into the facade zone and are not allowed within a street ROW, alley ROW, across a lot line, or beyond the minimum setback line. Page 342 I. Use Types Use Type T3-N Residential Accessory Dwelling Unit P Accessory Structure P Community Residence P Downtown Residential P Home Occupation P Individual Care - Family Home P Individual Care - Group Home S Recreation, Education, and Public Assembly Church/House of Worship P Community Recreation Facility, Public P Park, Playground and Open Space P Public or Private School (Primary or Secondary) S Telecommunication Facilities Mounted Antenna Over 15 ft (Ultimate Height); Wireless Communication Facility, Non- Stealth Design (Not Qualifying for Conditional Use Approval) S Wireless Communication Facility, Stealth Design or Non-Stealth Design (Not qualifying for Conditional Use Approval) C Other Public Services, Minor C Temporary Uses1 T Urban Agriculture Community Garden C Notes: Land use types are defined in LVMC Chapter 19.18 (Definitions and Measures). Individual land use types that are included within a general land use type (e.g. Downtown Retail or Downtown Services) are also defined in LVMC Chapter 19.18. If a use is not listed in this table it is not allowed in the T3-N Zone; except that as allowed under LVMC Section 19.12.100 (Similar and Prohibited Uses) the Director may determine that a use not listed in Table I. is allowed if it is listed in LVMC Section 19.12.010 (Land Use Tables) and the use supports the purpose and intent of the Zone and is consistent with the goals and policies of the Downtown Master Plan. Refer to LVMC Section 19.12.070 (Permissible Use Descriptions and Applicable Conditions and Requirements) for the standards applicable to specific uses. 1 Except a Temporary Real Estate Sales Office is allowed as a Conditional Use (C). Key P Use is allowed as a principal use by right. C Use is allowed in accordance with the conditions specified in LVMC Section 19.12.040 for conditional uses. S Use is allowed as a principal use only after first obtaining a Special Use Permit as specified in LVMC Section 19.16.110. T Use is allowed with a Temporary Commercial Permit as specified in LVMC Section 19.16.160. -- Use is not allowed. Page 343 Key for Diagram J. Parking Standards Front1 Corner Side1 Interio r Side Rear Setback from Lot Line (min.) S T Ground Floor 20 ft 15 ft 0 ft 0 ft Parking Driveway Width 12 ft min. - 20 ft max. Miscellaneous Driveways may be shared between adjacent parcels. Parking spaces may be enclosed, covered, or open. Tandem parking is allowed for off-street parking to meet the requirements for a residential unit. When a lot has an adjoining secondary street, parking must be accessed only from the secondary street. Required Parking Refer to LVMC Section 19.09.100.G (Parking Standards) for vehicular and bicycle parking standards. Required parking may be reduced as set forth in LVMC Section 19.18.030.D.4 (Parking Alternatives). Note: 1 No vehicle parking in the front or corner side yard is allowed, except on a driveway. K. Required Open Space Usable Open Space Width 10 ft min. Depth 10 ft min. Common open space area per unit 150 sf min. 19.09.050.F Special Districts 19.09.050.F.004 Special District Placeholder 19.09.060 BUILDING TYPE STANDARDS Page 344 THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.060.A Purpose 19.09.060.B Applicability 19.09.060.C Building Types Overview 19.09.060.A Purpose The purpose of this Section is to provide an overview of the building types that are appropriate to use within the Transect Zones. The overview is intended to ensure that new development establishes or reinforces the highly-valued character and scale of the City's Downtown districts and neighborhoods. 19.09.060.B Applicability 1. The requirements of this Section apply to all development proposed within the Transect Zones, and they must be considered in combination with the standards for the applicable zone in LVMC Section 19.09.050 (Transect Zone Standards). 2. Development that includes education, public assembly, transportation, communications, and/or infrastructure uses must comply with the standards for the applicable zone in LVMC Section 19.09.050 (Transect Zone Standards), but are not required to meet the standards of this Section. 3. Building types are categorized into two groups: house-scale buildings and block scale buildings. a. House-scale buildings are the size of a house, typically ranging from as small as 25 feet wide up to 90 feet wide. b. Block-scale buildings are individually as large as most or all of a block, or when arranged together along a street, appear to be as long as most or all of a block. 4. The standards for each building type are established in the Transect Zones, including standards for lot size. If the lot is too small to accommodate a particular building type, a different building type must be selected, or the building type must be scaled to fit the lot within the parameters of the standards established for the Transect Zone. 5. Where multiple principal buildings are proposed for a single lot, the proposal must include potential lot lines, which conform with this Ordinance, the purpose of which is to determine compliance with building type standards. 19.09.060.C Building Types Overview 1. Table 19.09.060.C-1 (Building Types Overview) provides an overview of the allowed building types that are appropriate to use within the Transect Zones. The names of the building types are not intended to limit uses within a particular building type. For example, a medium house building type may have non-residential uses within it, such as a restaurant or office, as allowed by the Transect Zone. 2. Secondary wings and accessory structures must have a smaller footprint, a narrower width, and a depth that is less than the width or depth of the footprint of the primary building. 3. The photographs in Table 19.09.060.C-1 (Building Types Overview) are illustrative only and not regulatory. Table 19.09.060.C-1 Building Types Overview Transect Zones T3-N T3-N T3-N Building Form Small House Medium House Large House Page 345 Example Description A small detached structure, consisting of one unit, usually sited on a small lot with private open space. Typically located within a lower- intensity residential neighborhood in a walkable urban setting, and potentially near a neighborhood main street, this building type is important for providing a wide range of housing types and promoting walkability. A medium-size detached structure, consisting of one unit, usually sited on a medium size lot with private open space. Typically located within a lower- intensity residential neighborhood in a walkable urban setting, and potentially near a neighborhood main street, this building type is important for providing a wide range of housing types and promoting walkability. A large detached structure consisting of one unit usually sited on a large lot with private open space. This building type is frequently located within the lowest- intensity residential neighborhoods. It is important for providing a wide range of housing types. Building Scale House-Scale House-Scale House-Scale Table 19.09.060.C-1 Building Types Overview Transect Zones T3-N, T5-N T3-N, T4-C, T5-N, T5-M, T5-MS, T5-C T3-N, T5-N Building Form Accessory Dwelling Unit (ADU) Accessory Structure Duplex: Side-by-Side Example Source: Opticos Design, Inc. Descriptio n An additional structure typically located at the rear of a lot constructed as a single-story freestanding structure or placed above a garage to provide space for a single small residential unit. An ADU is important for providing affordable housing opportunities within walkable neighborhoods. An additional structure typically located at the rear of a lot that provides space for a single small commercial, office, service, or storage use. This building type is important for providing incubator spaces for small businesses within walkable neighborhoods. A small to medium-size building with two attached residential units, both of which have private open space and face the street. This duplex building type has the form of a medium- or large-size single-family house, and is appropriately scaled to fit within lower-intensity residential neighborhoods. It supports well- designed moderate intensity development, and is important for Page 346 providing a wide range of housing types and promoting walkability. Building Scale House-Scale House-Scale House-Scale Table 19.09.060.C-1 Building Types Overview Transect Zones T3-N, T5-N T3-N, T5-N T3-N, T5-N Building Form Duplex: Front-and-back Duplex: Stacked Bungalow Court Example Source: Opticos Design, Inc. Descriptio n A small to medium-size structure consisting of two attached units with one unit located behind the other, both of which have private open space. The unit in front faces the street and has the form of a small single-family house. This duplex building type is appropriately scaled to fit within lower-intensity residential neighborhoods. It supports well- designed moderate intensity development, and is important for providing a wide range of housing types and promoting walkability. A small to medium-size structure consisting of two units with one located on the ground floor and the other located directly above. Both units face the street and are within one single building that has the form of a small single-family house. This duplex building type is appropriately scaled to fit within lower-intensity residential neighborhoods. It supports well- designed moderate intensity development, and is important for providing a wide range of housing types and promoting walkability. A series of small, detached single- family structures located on a single lot with individual buildings arranged to define a shared court that is typically perpendicular to the street. The shared court serves as common open space taking the place of a private rear yard, which is not required. The common open space is an essential element of this building type. A bungalow court may be scaled to fit within low or medium- intensity neighborhoods where it allows for appropriately scaled, well-designed moderate intensities and is important for providing a wide range of housing types and promoting walkability. Syn: Cottage Court Building Scale House-Scale House-Scale House-Scale Table 19.09.060.C-1 Building Types Overview Transect Zones T4-C, T5-M, T5-N, T5-C T4-C, T5-N T4-C, T5-C, T5-M, T5-N Building Form Live/Work Multi-plex: Small Multi-plex: Large Page 347 Example Source: Opticos Design, Inc. Descriptio n A small to medium-sized attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for service, artisan, or commercial uses as allowed by the zone. Both the ground-floor flex space and the unit above are owned by one entity. Private open space is not required but can be provided with a balcony. Live/work units are typically located within medium intensity- neighborhoods or in locations that will transition into a neighborhood main street. This building type can be applied in industrial contexts. They are appropriate for incubating neighborhood-serving commercial uses and allowing neighborhood main streets to expand in response to increasing market demands A medium-size structure consisting of 3 - 6 side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front of the building. This building type has the appearance of a medium- sized single-family home and is appropriately scaled to fit sparingly within low to medium- intensity neighborhoods. Private open space is not required but can be provided with a balcony. This building type enables appropriately-scaled, well- designed higher intensity of development, and is important for providing a broad choice of housing types and promoting walkability. Syn. Mansion Apartment House A large-size structure, 2 - 5 stories in height, consisting of 7 - 18 side- by-side and/or stacked dwelling units, typically with one shared entry. Each unit has its own private open space as a small yard or balcony. This building type is appropriately scaled to fit within medium- intensity or more urban neighborhoods. It enables well- designed higher densities, and is important for providing a wide range of housing types and promoting walkability. Syn: Stacked-Flats Building Building Scale House-Scale ≤ 3 units Block-Scale > 3 units House-Scale Block-Scale Table 19.09.060.C-1 Building Types Overview Transect Zones T4-C, T5-M, T5-N T6-UG, T5-MS, T5-N T4-C, T5-C, T5-M, T5-MS, T5-N Building Form Rowhouse Courtyard Building Flex Low-Rise Building Example Source: Opticos Design, Inc. Page 348 Source: Opticos Design, Inc. Descriptio n A medium size-structure composed of 2 - 8 individual Rowhouse buildings attached in a series with individual entries along the front. Each unit has its own private open space. This type is typically located within medium-intensity neighborhoods or near or on a neighborhood main street. This type enables appropriately-scaled, well-designed higher densities, and is important for providing a wide range of housing types and promoting walkability. Syn: Townhouse A large structure composed of multiple attached or stacked units accessed from a shared courtyard, a series of courtyards, or a common corridor. Each unit may have its own individual entry, or up to three units may share a common entry. Private open space is not required but can be provided with a balcony per unit. This building type is typically integrated sparingly into lower intensity neighborhoods or more consistently into medium- intensity neighborhoods, or it can be applied in non-residential contexts. This building type enables appropriately-scaled, well-designed higher densities, and is important for providing a wide range of housing types and promoting walkability. A medium- to large-size building on a medium size lot and 1 - 3 stories in height, that may incorporate structured parking. Each unit may have its own individual entry, or units may share a common entry accessed from the street or a courtyard or series of courtyards. Private open space is not required but can be provided with a balcony per unit. This building type can be used to provide a vertical mix of uses with ground-floor retail, service, or industrial uses and service or residential uses on upper floors; or it may be a single-use building, with residential, service, or industrial uses, where ground floor retail uses are not appropriate. This building type enables appropriately-scaled, well- designed higher densities, and is important for providing a wide range of housing types and promoting walkability. Building Scale House-Scale ≤ 3 units Block-Scale > 3 units House-Scale ≤ 3 units Block-Scale > 3 units Block-Scale Table 19.09.060.C-1 Building Types Overview Transect Zones T4-C, T5-M, T5-MS, T5-C, T6-UG T5-MS, T5-C, T6-UG T5-M, T5-MS, T5-C, T6-UG Building Form Flex Mid-Rise Building Flex High-Rise Building Lined Building Example Descriptio n A medium- to large-size structure built on a large lot and 4 - 8 stories in height, that typically incorporates multi-level structured parking. Private open A large, tall structure over 8 stories in height built on a large lot that typically incorporates multi-level structured parking. Private open space is not required A building that consists of two main components; an interior building that may be a parking garage, movie theater or large retail store (i.e. "big-box store"), Page 349 space is not required but can be provided with balconies. This building type can be used to provide a vertical mix of uses with ground-floor retail, service, or industrial uses and service or residential uses on upper floors; or it may be a single-use building, with residential, service, or industrial uses, where ground floor retail uses are not appropriate. This building type is a primary component of an urban downtown or neighborhood as it enables appropriately-scaled, well-designed higher densities, and is important for providing a wide range of housing types and promoting walkability. but can be provided with a balcony per unit. This building type is used to provide a vertical mix of uses with ground-floor retail or service uses, and service or residential uses on upper floors. This building type is a primary component of an urban downtown as it enables the highest densities that are appropriately-scaled and well- designed, and is important for providing a wide range of housing types as well as other commercial uses, and promoting walkability. and an exterior building to conceal the interior building from the street. The exterior building is usually designed for retail, service, office, and/or residential uses. Building Scale Block-Scale Block-Scale Block-Scale Table 19.09.060.C-1 Building Types Overview Transect Zones T5-M Building Form Loft Example Descriptio n The Loft building type is a typically multi-story structure with a large footprint. Tall ceilings, and a design that facilitates natural lighting make these buildings adaptable to different individual uses over the course of their life-cycle. As such, the Loft building type is a form within the built environment which is apt to be a flexible space to be utilized in areas transitioning between commercial, residential, and light industrial uses. Building Scale Block-Scale Page 350 19.09.070 FRONTAGE TYPE STANDARDS THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.070.A Purpose 19.09.070.B Applicability 19.09.070.C Frontage Types Overview 19.09.070.D Arcade 19.09.070.E Common Yard 19.09.070.F Dooryard 19.09.070.G Forecourt 19.09.070.H Gallery 19.09.070.I Porch: Engaged 19.09.070.J Porch: Projecting 19.09.070.K Shopfront 19.09.070.L Stoop 19.09.070.M Terrace 19.09.070.A Purpose The purpose of this Section is to establish standards for each of the frontage types that are appropriate to use within the Transect Zones. Private frontages are the components of a building that provide an important transition and interface between the public realm (i.e. the street and sidewalk) and the private realm (i.e. a yard and building). These standards supplement the standards for each Transect Zone in which the frontage types are allowed. They are intended to ensure development that establishes or reinforces the highly-valued character and scale of the City's Downtown districts and neighborhoods. 19.09.070.B Applicability 1. The requirements of this Section apply to all proposed development within the Transect Zones, and they must be considered in combination with the standards for the applicable zone in LVMC Section 19.09.050 (Transect Zone Standards). 2. Development with education, public assembly, transportation, communications, and/or infrastructure uses must comply with the standards for the applicable zone in LVMC Section 19.09.050 (Transect Zone Standards), but are not required to meet the standards of this Section. 3. Each building must have at least one frontage type for each street frontage. 4. Frontage types not listed in the applicable transect zone standards are not allowed in that zone. 5. A building may have multiple frontage types as stipulated in this Section. For example, a dooryard frontage may have a stoop or engaged porch frontage type as well. 19.09.070.C Frontage Types Overview Page 351 Table 19.09.070.C-1 (Private Frontages Overview) provides an overview of the allowed frontage types with a description of each type and an illustration showing its typical character and form. The private frontage is the area between the building facade and the frontage line (edge of right-of-way). Table 19.09.070.C-1 Private Frontages Overview Transect Zones T6-UG, T5-M, T5-C, T5-MS, T5-N, T4-C T5-N, T3-N T5-M, T5-MS, T5-N Frontage Type Arcade Common Yard Dooryard Example Description The Arcade Frontage is a covered walkway with habitable space above that often encroaches over a sidewalk into the right-of-way. An arcade is used to provide pedestrian circulation along a frontage and it should extend far enough from the building to provide adequate protection and circulation space for pedestrians. An arcade is intended for buildings with ground floor commercial uses and is common along public courtyards and walkable streets. The Common Yard Frontage has a landscaped frontage with a facade substantially set back from the frontage line, providing a buffer from thoroughfares. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape in conjunction with other private frontages. In a Dooryard Frontage the main facade of the building is set back a small distance and the frontage line is defined by a low wall or fence, creating a small dooryard. The dooryard must not provide public circulation along a right-of- way. The dooryard may be raised, sunken, or at grade, and is intended primarily for ground-floor residential uses. Table 19.09.070.C-1 Private Frontages Overview Transect Zones T6-UG, T5-M, T5-C, T5-MS T5-N, T3-N T6-UG, T5-M, T5-C, T5-MS T5-N, T4-C T4-C, T3-N Frontage Type Forecourt Gallery Porch: Engaged Page 352 Example Description The Forecourt Frontage has a portion of the facade close to the frontage line and the central portion is set back creating a small courtyard space. The courtyard may be used as an entry court or shared garden space for residential buildings, or as an additional shopping or restaurant seating area within retail and service use areas. A forecourt may be allocated in conjunction with other frontage types. The Gallery Frontage has a facade aligned close to the frontage line with an attached cantilevered structure or a lightweight colonnade over the sidewalk. Galleries are typical for retail uses, but can be used for offices uses. The Engaged Porch has two adjacent sides of the porch that are connected to the building while the other two sides are open. The main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically small and can be defined by a wall or fence to spatially define the edge of the street. Table 19.09.070.C-1 Private Frontages Overview Transect Zones T4-C, T3-N T6-UG, T5-M, T5-C, T5-MS, T5-N, T4-C T5-MS, T5-N, T3-N Frontage Type Porch: Projecting Shopfront Stoop Example Description The Projecting Porch Frontage is open on three sides, and it may project in front of a building into the facade zone. The main facade of the building has a small-to- In the Shopfront Frontage the main facade of the building is at or near the frontage line with an at-grade entrance along the public right-of-way. Shopfronts The Stoop Frontage has a facade aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to secure privacy for first-story Page 353 medium setback from the frontage line. The resulting front yard is typically small and can be defined by a wall or fence to spatially define the edge of the street. are typically intended for retail or office uses and they have substantial glazing at the sidewalk level. Shopfronts may include awnings or cantilevered shade structures that overlap the sidewalk. A shopfront may be used in conjunction with other frontage types. Syn: Retail Frontage. windows. The entrance is usually an exterior stair and landing. Stairs or ramps from the stoop may lead directly to the sidewalk or may provide access to the side. Table 19.09.070.C-1 Private Frontages Overview Transect Zones T6-UG, T5-M, T5-C, T5-MS, T5-N, T4-C Frontage Type Terrace Example Description In the Terrace Frontage the main facade of the building is at or near the frontage line with an elevated terrace providing public circulation along the facade. A terrace can be used to provide at-grade access while accommodating a grade change. Frequently spaced steps to access the terrace are necessary to avoid dead walls and to maximize accessibility. Terraces are suitable for conversion to outdoor cafes and may be used in historic industrial areas to mimic historic loading docks. 19.09.070.D Arcade Page 354 Allowed in: T6-UG, T5-M, T5-C, T5-MS, T5-N, T4-C Key for Diagrams Arcade 1. Description The Arcade Frontage Type is a covered walkway with habitable space above that often encroaches over a sidewalk into the right-of-way. An arcade should be used to provide pedestrian circulation along a frontage and it should extend far enough from the building to provide adequate protection and circulation space for pedestrians. An arcade is intended for buildings with ground floor commercial uses and is common along public courtyards and walkable streets. 2. Size Depth, Clear 10 ft min. A Ground floor height, Clear 14 ft min. B Setback from back of curb 2 ft min. C 3. Miscellaneous Arcades must have a consistent depth along a frontage. Arcades with more than 2 floors of habitable space above the colonnade must not encroach onto a public right-of-way, and must be located so that they abut the right-of-way. Arcade Frontages must be used in conjunction with the standards for the Shopfront Frontage Type. In case of a conflict between them, the Arcade Frontage Type standards prevail. 19.09.070.E Common Yard Page 355 Allowed in: T5-N, T3-N Key for Diagrams Common Yard 1. Description In the Common Yard Frontage Type, the main facade of the building has a large landscaped setback from the frontage line providing a buffer from thoroughfares. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape in conjunction with the other private frontages. 2. Size Depth 20 ft min. A 3. Miscellaneous Fences between adjoining front yards or street side yards or between the sidewalk and front yard are not allowed in Common Yard frontages. B Common Yard Frontages must be used in conjunction with another allowed private frontage type, such as a Porch. C 19.09.070.F Dooryard Allowed in: T5-M, T5-MS, T5-N Page 356 Key for Diagrams Page 357 Dooryard 1. Description In the Dooryard Frontage Type, the main facade of the building is set back a small distance and the frontage line is defined by a low wall or fence, creating a small dooryard. The dooryard must not provide public circulation along a right-of-way. The dooryard may be raised, sunken, or at grade and is intended primarily for ground-floor residential uses. 2. Size Depth, Clear 8 ft min. A Length 50 ft min. B Distance between Glazing 4 ft min. C Ground Floor Transparency 50% min.1 Depth of Recessed Entries 5 ft max. Path of Travel 3 ft wide min.; 6 ft max. D Finish Level above Sidewalk 3.5 ft max. E Finish Level below Sidewalk 6 ft max. 3. Miscellaneous For live/work, retail and service uses, these standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of a conflict between them, the Dooryard Frontage Type standards prevail. Shall not be used for circulation for more than one ground floor entry. Note: 1 For live/work, retail, and service uses only. 19.09.070.G Forecourt Allowed in: T6-UG, T5-M, T5-C, T5-MS, T5-N, T3-N Page 358 Key for Diagrams Forecourt 1. Description In the Forecourt Frontage Type, the main facade of the building is at or near the frontage line and a small percentage is set back, creating a small courtyard space. The space could be used as an entry court or shared garden space for residential buildings, or as an additional shopping or restaurant seating area within retail and service use areas. 2. Size Width, Clear 12 ft min. A Depth, Clear 12 ft min. B Ratio, Height to Width 2:1 max. 3. Miscellaneous The proportions and orientation of courtyard spaces must be carefully considered for solar orientation and user comfort. Source: Opticos Design, Inc. 19.09.070.H Gallery Allowed in: T6-UG, T5-M, T5-C, T5-MS, T5-N, T4-C Page 359 Key for Diagrams Gallery 1. Description In the Gallery Frontage Type, the main facade of the building is at the frontage line and the gallery element encroaches into the sidewalk of the right-of-way. This Frontage Type is intended for buildings with ground- floor commercial or retail uses and may be one or two stories. Due to the encroachment into the right-of-way, an easement is usually required with a license agreement approved by the Department of Public Works. Alternatively, the frontage line must be aligned with the edge of the gallery and curb, and a sidewalk is established within an easement under the gallery. 2. Size Depth, Clear 8 ft min. A Ground Floor Height, Clear 11 ft min. B Upper Floor Height, Clear 9 ft min. C Height 2 stories max. D Setback from back of curb 2 ft min.; 3 ft max. E 3. Miscellaneous Gallery Frontages must be used in conjunction with the standards for the Shopfront Frontage Type. In case of a conflict between them, the Gallery Frontage Type standards prevail. Galleries must have a consistent depth along a frontage. Galleries may project over a sidewalk. 19.09.070.I Porch: Engaged Page 360 Allowed in: T4-C, T3-N Key for Diagrams Porch: Engaged 1. Description In the Engaged Porch Frontage Type, the main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically small and can be defined by a wall or fence to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are attached to the building while the other two sides are open. 2. Size Width, Clear 8 ft min. A Depth, Clear 6 ft min. B Height, Clear 8 ft min. C Height 1 story max. Finish Level above Sidewalk 1.5 ft min. D Furniture Area, Clear 4 ft X 6 ft min. E Path of Travel 3 ft wide min.; 6 ft max. F 3. Miscellaneous Up to 40% of the building facade may project into the facade zone. Engaged porches must be open on two sides and have a roof. In zones where both porches and encroachments are allowed, a porch and up to 40% of the building facade are allowed encroaching elements. Page 361 19.09.070.J Porch: Projecting Allowed in: T4-C, T3-N Key for Diagrams Page 362 Porch: Projecting 1. Description In the Projecting Porch Frontage Type, the main facade of the building has a small-to-medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a wall or fence to spatially maintain the edge of the street. The projecting porch is open on three sides and it may project in front of a building into the facade zone. 2. Size Width, Clear 8 ft min. A Depth, Clear 6 ft min. B Height, Clear 8 ft min. C Height 1 story max. Finish Level above Sidewalk 1.5 ft min. D Furniture Area, Clear 4 ft X 6 ft min. E Path of Travel 3 ft wide min.; 6 ft max. F 3. Miscellaneous Projecting porches must be open on three sides and have a roof. In zones where both porches and encroachments are allowed, a porch is an allowable encroaching element. Source: tdwhs.nwasco.k12.or.us 19.09.070.K Shopfront Allowed in: T6-UG, T5-M, T5-C, T5-MS, T5-N, T4-C Page 363 Key for Diagrams Shopfront 1. Description In the Shopfront Frontage Type, the main facade of the building is placed at or near the frontage line with an at-grade entrance along the public right-of-way. It is intended for retail or service uses and has substantial glazing at the sidewalk level. This frontage may include an awning or projecting shade structure that may overlap the sidewalk. A shopfront may be used in conjunction with other frontage types. 2. Size Distance between Glazing 2 ft min. A Ground Floor Transparency 75% min. Depth of Recessed Entries1 5 ft max. 3. Awning Depth 4 ft min. B Setback from back of curb 2 ft min. C Height 8 ft min. D 4. Miscellaneous Residential windows shall not be used. Doors may be recessed as long as the main facade is at the frontage line. Operable awnings are encouraged. Open-ended awnings are encouraged. Shopfronts with accordion-style doors/windows or other operable windows that allow the space to open to the street are encouraged. Notes: 1 A recessed entry may be designed in a variety of configurations (recessed door, sawtooth pattern, etc.). Page 364 19.09.070.L Stoop Allowed in: T5-MS, T5-N, T3-N Key for Diagrams Page 365 Stoop 1. Description In the Stoop Frontage Type, the main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop must be elevated above the sidewalk to ensure privacy within the building. The entrance is usually an exterior stair and landing. A stoop is appropriate for residential uses with small setbacks. 2. Size Width, Clear 5 ft min.; 8 ft max. A Depth, Clear 5 ft min.; 8 ft max. B Height, Clear 8 ft min. C Height 1 story max. Depth of Recessed Entries 6 ft max. Finish Level above Sidewalk 1.5 ft min. D Path of Travel 3 ft wide min.; 6 ft max. E 3. Miscellaneous Stairs may be perpendicular or parallel to the building facade. Ramps must be placed parallel to the facade or along the side of the building. The entry doors are encouraged to be covered or recessed to provide shelter from the elements. Gates are not allowed. All doors must face the street. 19.09.070.M Terrace Allowed in: T6-UG, T5-M, T5-C, T5-MS, T5-N, T4-C Page 366 Key for Diagrams Terrace 1. Description In the Terrace Frontage the main facade of the building is at or near the frontage line with an elevated terrace providing public circulation along the facade. A terrace can be used to provide at-grade access while accommodating a grade change, and is often used in combination with a shopfront. Frequently spaced steps to access the terrace are necessary to avoid dead walls and to maximize accessibility. Terraces are suitable for conversion to outdoor cafes and may be used in historic industrial areas to mimic historic loading docks. 2. Size Depth, Clear 8 ft min. A Finish Level above Sidewalk 3.5 ft max. B Length of Terrace 150 ft max. Distance between Stairs 50 ft max. C 3. Miscellaneous Low walls used as seating are encouraged. Page 367 19.09.080 CIVIC SPACE STANDARDS THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.080.A Purpose 19.09.080.B Applicability 19.09.080.C Civic Space Types Overview 19.09.080.D Greenway (Placeholder) 19.09.080.E Urban Park 19.09.080.F Square 19.09.080.G Plaza 19.09.080.H Pocket Plaza 19.09.080.I Pocket Park 19.09.080.J Community Garden 19.09.080.K Playground 19.09.080.A Purpose The purpose of this Section is to provide the standards for pre-approved civic space types that are appropriate to use within the Transect Zones. These standards are intended to ensure that these civic spaces reinforce the highly valued walkable character and scale of the City's Downtown districts and neighborhoods. 19.09.080.B Applicability This Section describes the standards for development of civic spaces throughout the Transect Zones that apply to all proposed new development. They must be considered in combination with the standards for the applicable zone in LVMC Section 19.09.050 (Transect Zone Standards). Where these standards conflict with the provisions of the Unified Development Code, the standards in this Section applies. 19.09.080.C Civic Space Types Overview 1. The civic spaces of a downtown are important public elements that provide open space and recreational opportunities. The best civic spaces become the "outdoor living rooms" of the City and they play an important role in placemaking by providing places where the community can come together to celebrate events, relax, and socialize. The standards for civic spaces must be considered alongside building form, building types, frontage types, and thoroughfares to shape a quality urban environment. 2. There are six different civic space types, together with supplementary standards for community gardens and playgrounds, which may be assigned to one or more Transect Zones. These supplementary civic space types may be established as a standalone civic space or may be incorporated into any of the civic space types. 3. The dimensional requirements of each civic space are regulatory. The descriptions of each civic space, with the character, allowed/typical uses, and stormwater management techniques, are descriptive, and they delineate a broad range of possible characteristics and uses for each of the civic spaces. It is not intended that each civic space Page 368 provide the full range of typical uses and characteristics listed, but that the entire network of civic spaces within the Transect Zones provide a desirable mix and complementary range of civic space opportunities. Table 19.09.080.C-1 Civic Space Types Overview Transect Zones T5-M, T5-C, T5-MS, T5-N, T4-C, T3-N T6-UG, T5-C, T5-MS, T5-N, T4- C, T3-N Civic Space Type Greenway (Placeholder) Urban Park Square Example Description Greenways are a linear space for community gathering and strolling for nearby residents and employees. These spaces are defined by the tree-lined streets forming a one-way couplet on their flanks as well as by the buildings beyond. Greenways tend to have narrow dimensions that support passive use and can serve as a green connector between destinations. Urban parks provide a central open- space focus for neighborhoods or groups of neighborhoods. They are useful for unstructured recreation and smaller structured recreational facilities. These larger parks may also serve as civic amenities for the larger community. They are spatially defined by building frontages or landscaping, and typically consist of formal and natural landscape elements that combine paths, lawn, or open areas, and tree planting. Squares provide a public urban open space for civic purposes, commercial activity, unstructured recreation, and other passive uses. Squares are defined by buildings and tree- lined streets with open shelters, paths, lawns, open areas, hardscape areas, and trees formally arranged. These spaces include seating opportunities, walkways, and landscape materials at all edges. Table 19.09.080.C-1 Civic Space Types Overview Transect Zones T6-UG, T5-C, T5-M, T5-MS, T5-N, T4-C T6-UG, T5-M, T5-C, T5-MS, T5-N, T4-C T5-M, T5-C, T5-MS, T4-C, T3-N Civic Space Type Plaza Pocket Plaza Pocket Park Example Page 369 Description Plazas add to the vitality of streets within more urban areas and create formal open spaces available for civic purposes and commercial activity. These spaces are located at street corners and are defined by building frontages. They are typically hardscaped with formally arranged trees. Pocket plazas are small-scaled civic spaces that function in a similar manner and follow the same rules as a larger plaza. These smaller-scaled spaces create more intimate places for seating or dining and provide a place for commercial and neighborhood activity . These plazas can also be used to create a formal space in front of a prominent building entrance. Pocket parks provide small- scale public urban open spaces intended to provide recreational opportunities where space is limited in close proximity to neighborhood residences. Pocket parks are often located between buildings and developments, on irregular shaped sites and on single vacant lots. Table 19.09.080.C-1 Civic Space Types Overview Transect Zones T6-UG, T5-MS, T5-N, T4-C, T3- N T6-UG, T5-M, T5-MS, T5-N, T4- C, T3-N Civic Space Type Community Garden Playground Example Description Community gardens provide space for garden plots in a publicly accessible area that are available to nearby residents for small-scale cultivation. These gardens may be provided as a component of other publicly accessible civic- space types or may be provided as a freestanding open space. Playgrounds provide an open space designed and equipped for children's recreation. They are interspersed within residential areas in locations where children do not have to cross major streets. They may be freestanding, placed within a block, or located within larger parks and other civic space types. 19.09.080.D Greenway (Placeholder) Page 370 Greenway 1. Description Placeholder 2. Size and Location Area Placeholder Width Depth Frontage Character 3. Allowed/Typical Uses Placeholder 4. Stormwater Management Techniques Placeholder 19.09.080.E Urban Park Page 371 Source:westjetmagazine.com Urban Park 1. Description A large open space available for civic purposes, limited commercial activity, and unstructured recreation for neighborhoods or groups of neighborhoods. 2. Size and Location Area Min. 0.50 acres Width 100 ft min. Depth 100 ft min. Frontage Must have a frontage on a min. of 2 streets Characte r Formal and/or natural Paths, lawns, and trees are formally arranged Walkways and planting at all edges Civic element at a prominent location 3. Allowed/Typical Uses Passive/active (unstructured) open space Civic uses, including outdoor pavilions, open-air shelters, community gathering, outdoor seating, public restrooms Trails for bicycles and pedestrians Community gardens Playgrounds Public art 4. Stormwater Management Techniques Bioretention BMPs Extended detention basins Integrated runoff Porous pavers Landscaping Source: timeout.com Page 372 19.09.080.F Square Page 373 Source: e-architect.co.uk Square 1. Description A space for unstructured recreation and civic purposes. 2. Size and Location Area 0.50 - 5 acres Width 100 ft min. Depth 100 ft min. Frontage Must have a frontage on a min. of 2 streets Characte r Formal Spatially defined by buildings and tree-lined streets Walkways and planting at all edges Frequently located at the intersection of important thoroughfares Abundant seating opportunities May be hardscaped or landscaped 3. Allowed/Typical Uses Passive (unstructured) recreation, no organized sports Civic uses, including outdoor pavilions, open-air shelters, community gathering, outdoor seating Commercial uses, including farmer's market and outdoor dining Paths Community gardens Playgrounds Public art/creative space 5. Stormwater Management Techniques French drains Porous pavers Landscaping Source: swagroup.com Page 374 19.09.080.G Plaza Page 375 Source: swagroup.com Plaza 1. Description A space for civic and commercial activities. 2. Size and Location Area 0.25 - 2 acres Width 100 ft min. Depth 40 ft min. Frontage Must have building frontages on a min. of 3 streets Character Formal Primarily hardscape Trees and planting Frequently located at the intersection of important streets 3. Allowed/Typical Uses Passive/active (unstructured) open space Civic uses, including outdoor pavilions, open-air shelters, outdoor assembly, outdoor seating, public restrooms Commercial uses, including a farmer's market and outdoor dining Playgrounds Public art 4. Stormwater Management Techniques Dry wells French drains Swales Porous pavers Landscaping Source: Princeton Public Library 19.09.080.H Pocket Plaza Page 376 Source: Halvorson Design Partnership Pocket Plaza 1. Description A compact space for civic and commercial activities. 2. Size and Location Area 0.10 - 1 acres Width 75 ft min. Depth 75 ft min. Frontage Must have building frontages on a min. of 3 streets Characte r Formal Primarily hardscape Trees and planting 3. Allowed/Typical Uses Passive/active (unstructured) open space Civic uses, including outdoor pavilions, open-air shelters, outdoor assembly, outdoor seating, public restrooms Commercial uses, including farmer's market and outdoor dining Playgrounds Public art 4. Stormwater Management Techniques Dry wells French drains Area drains Porous pavers Landscaping Source: gehlinstitute.org 19.09.080.I Pocket Park Page 377 Source: xconomy.com Pocket Park 1. Description A compact space for a wide range of informal activities in close proximity to neighborhood residences. 2. Size and Location Area Max. 0.50 acres Width 40 ft min. Depth 40 ft min. Frontage Must have building frontages on a min. of 2 sides Characte r Formal or informal Trees and planting 3. Allowed/Typical Uses Passive/active (unstructured) open space Civic uses, including picnic shelters, casual seating Trails and paths Community gardens Public art 4. Stormwater Management Techniques Bioretention BMPs Integrated runoff Swales Porous pavers Landscaping Source: fairfaxcounty.gov 19.09.080.J Community Garden Page 378 Source: brownstoner.com Community Garden 1. Description An open space with a collection of garden plots that are available to nearby residents for small-scale cultivation. May be provided as a component of other civic space types, or as freestanding open space, and may be on a roof. May be fenced to protect edible plants from wildlife. 2. Size and Location Area 0.10 - 1 acres Width No min. Depth No min. Frontage Independent of building frontages Character Formal or informal Space organized for growing food Passive open space Regularly spaced planting beds 3. Allowed/Typical Uses Community gardens Small accessory structures for storage 4. Stormwater Management Techniques Bioretention BMPs Integrated runoff Permeable paving Rainwater harvesting Source: ourcanadaproject.ca 19.09.080.K Playground Page 379 Source: Halvorson Design Partnership Playground 1. Description An open space equipped and designed for children's recreation. Playgrounds may be located within other civic space types, or as freestanding open space, and may be on a roof. 2. Size and Location Area No min. Width No min. Depth No min. Frontage Independent of building frontages Character Formal or informal Interspersed within residential areas Fenced with minimal exits May include open shelter Protected from traffic 3. Allowed/Typical Uses Playgrounds Picnic facilities and outdoor seating Public art/creative space 4. Stormwater Management Techniques Bioretention BMPs Porous pavers Landscaping Source: exerplay.com Page 380 19.09.090 THOROUGHFARE TYPE STANDARDS THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.090.A Purpose 19.09.090.B Applicability 19.09.090.C Thoroughfare Standards Overview 19.09.090.D 18b Las Vegas Arts District Thoroughfare Plan (Placeholder) 19.09.090.E Cashman District Thoroughfare Plan (Placeholder) 19.09.090.F Civic & Business District Thoroughfare Plan (Placeholder) 19.09.090.G Design District Thoroughfare Plan (Placeholder) 19.09.090.H Founders District Thoroughfare Plan (Placeholder) 19.09.090.I Fremont East District Thoroughfare Plan (Placeholder) 19.09.090.J Gateway District Thoroughfare Plan (Placeholder) 19.09.090.K Historic Westside District Thoroughfare Plan (Placeholder) 19.09.090.L Las Vegas Medical District Thoroughfare Plan 19.09.090.M Market District Thoroughfare Plan (Placeholder) 19.09.090.N Resort & Casino District Thoroughfare Plan (Placeholder) 19.09.090.O Symphony Park District Thoroughfare Plan (Placeholder) 19.09.090.A Purpose The purpose of this Section is to establish standards for pre-approved thoroughfare components and assemblies that are appropriate to use within the Transect Zones. These components and assemblies can be combined to form thoroughfares that can be used in new developments to create walkable urban environments that reinforce the highly valued walkable character and scale of the City's Downtown districts and neighborhoods. 19.09.090.B Applicability 1. This Section describes the standards for development of thoroughfares within the Transect Zones. It supplements the City of Las Vegas Engineering Standards. Where these guidelines conflict with the Engineering Standards, the Engineering Standards must apply. 2. These thoroughfare standards may be applied to transform existing streets or to create new walkable urban thoroughfares within the Downtown Las Vegas Overlay District. 3. Additional thoroughfare standards and assemblies can be integrated into this Section as they are approved by the City. 19.09.090.C Thoroughfare Standards Overview Page 381 The Thoroughfare standards are intended to support the character of the neighborhoods and context-based placemaking, while providing a guideline to establish and reinforce a hierarchy for the mobility infrastructure that complements the standards applicable to the Transect Zones as described in 19.09.050. As such, all right-of-way within areas regulated by 19.09 shall be mapped with a Thoroughfare Plan that identifies Primary, Secondary, and Tertiary Thoroughfares, as described in this Section. In addition to the standards contained in this Section, the provisions established by 19.04 regarding Downtown Thoroughfare Types, shall apply. 1. Primary Thoroughfares Primary Thoroughfares accommodate high levels of pedestrian activity and high levels of vehicular traffic. On Primary Streets, active uses - residential, retail, restaurant or office - lining parking structures and on the first floor of buildings, and restricted vehicular access enhance the pedestrian experience. Primary streets provide the opportunity for more intense, urban development including shallow setbacks and, in some cases, increased building height. Primary Thoroughfares are the highest order thoroughfare. 2. Secondary Thoroughfares Secondary Thoroughfares have moderate levels of pedestrian activity and moderate levels of vehicular traffic. Secondary Streets may be mixed-use or more residential in character 3. Tertiary Thoroughfares Tertiary Streets are visually less prominent than Primary and Secondary streets, and usually have narrower Right-of- Way width. Traditionally, Tertiary Thoroughfares have been city alleys. They may function as "back of house" for buildings with multiple street frontages. Care should be taken to make these streets as pedestrian-friendly as possible while accommodating loading and access needs. Secondary Thoroughfares are the second highest order thoroughfare. 4. Thoroughfares Hierarchy for Frontages, Vehicular Access, and Utility Location a. Frontages: For the purposes of applying the standards provided in Section 19.09.050 (Transect Zones) and 19.09.070 (Frontage Type Standards) the side of the lot facing the higher order thoroughfare shall be considered as the frontage, or front, of the lot. Tertiary Thoroughfares are the third highest order thoroughfare. Whenever two or more sides of the lot face Primary Thoroughfares, all such sides shall be considered the frontage, or front. b. Vehicular Access and Utilities Location: For the purposes of applying the standards provided in Section 19.09.050 (Transect Zones), including, but not limited to, standards related to driveway ac-cess and parking, whenever possible, vehicular access shall be located along a thoroughfare of the lower order; and all utilities, whenever possible, shall be located along the perimeter of thoroughfare of the lower order. 19.09.090.D 18b Las Vegas Arts District Thoroughfare Plan (Placeholder) 19.09.090.E Cashman District Thoroughfare Plan (Placeholder) 19.09.090.F Civic & Business District Thoroughfare Plan (Placeholder) 19.09.090.G Design District Thoroughfare Plan (Placeholder) Page 382 19.09.090.H Founders District Thoroughfare Plan (Placeholder) 19.09.090.I Fremont East District Thoroughfare Plan (Placeholder) 19.09.090.J Gateway District Thoroughfare Plan (Placeholder) 19.09.090.K Historic Westside District Thoroughfare Plan (Placeholder) 19.09.090.L Las Vegas Medical District Thoroughfare Plan Page 383 Figure 19.09.090.L-1 Thoroughfare Plan - Hierarchy Page 384 Figure 19.09.090.L-2 Thoroughfare Plan - Downtown Thoroughfare Types 19.09.090.M Market District Thoroughfare Plan (Placeholder) 19.09.090.N Resort & Casino District Thoroughfare Plan (Placeholder) 19.09.090.O Symphony Park District Thoroughfare Plan (Placeholder) Page 385 19.09.100 SUPPLEMENTAL TO TRANSECT ZONES THIS CHAPTER IS BEING UPDATED. YOU CAN FIND THE MOST RECENTLY ADOPTED VERSION AT THIS LINK . Contents: 19.09.100.A Purpose 19.09.100.B Applicability 19.09.100.C Fencing and Screening Standards 19.09.100.D Flood Control and LID Standards 19.09.100.E Landscaping Standards 19.09.100.F Outdoor Lighting Standards 19.09.100.G Parking Standards 19.09.100.H Sign Standards 19.09.100.I Incentives for Development Under the Form-Based Code (Placeholder) 19.09.100.J Additional Standards for Large Developments 19.09.100.A Purpose The purpose of this Section is to provide a cross-reference from the Form-Based Code provisions of LVMD 19.09 to the additional standards found in the Unified Development Code. 19.09.100.B Applicability 1. This Section applies to all new development within the Downtown Las Vegas Overlay District as further described in Section 19.09.020 (Purpose and Intent). 2. If there is a conflict between any standards established in the Transect Zones (Section 19.09.050 (Transect Zone Standards)) and any standards included in the Unified Development Code, the most restrictive standard applies. 3. For the purpose of applying Sections 19.09.100.C. (Fencing and Screening Standards), 19.09.100.E (Landscaping Standards), 19.08.040.F (Outdoor Lighting Standards), and 19.08.040.H (Sign Standards), the Director or Director's designee shall determine whether the standards for residential or commercial zones shall apply, based on the following: a. The vision, objectives, and goals as established in the 2045 Downtown Las Vegas Master Plan b. The scale of the subject property as well as the block and neighborhood context of the surrounding area c. The individual land use, or uses, of the subject property 19.09.100.C Fencing and Screening Standards 1. Standards for fencing and screening in all residential zones are established in LVMC Section 19.06.040.H (Fences and Walls). 2. Standards and procedures for fencing and screening in all commercial zones are established in LVMC Section 19.08.040.E (Urban Design, Screening and Lighting). 19.09.100.D Flood Control and LID Standards Page 386 The standards and procedures for flood control and the regulation and management of stormwater are established in LVMC Title 20 (Flood Control). 19.09.100.E Landscaping Standards 1. Standards for landscaping required in all residential zones are established in LVMC Section 19.06 (Residential Districts - Purpose and Development and Design Standards). The Director shall determine the amount of landscaping required for a particular building type placed within any of the Transect Zones based on the building type best matching the zone/use designation in LVMC Section 19.06 and LVMC Section 19.08.040.F (Landscape Buffers and Turf Limitations), when applicable. 2. Standards for landscaping required in all commercial zones are established in LVMC Section 19.08 (Commercial and Industrial Districts - Purpose and Development and Design Standards). The Director shall determine the amount of landscaping required for a particular building type placed within any of the Transect Zones based on the building type best matching the zone/use designation in LVMC Section 19.08 and LVMC Section 19.08.040.F (Landscape Buffers and Turf Limitations). 19.09.100.F Outdoor Lighting Standards 1. Standards for outdoor lighting in all residential zones are established in LVMC Section 19.06.040 (Development Standards). 2. Standards and procedures for outdoor lighting in all commercial zones are established in LVMC Section 19.08.040.E (Urban Design, Screening and Lighting). 19.09.100.G Parking Standards 1. The standards for minimum and maximum on-site parking requirements for individual uses are based on a combination of LVMC Section 19.12.060 (Parking Requirements), Table G-1 below, and the Downtown Parking Load Map (Fig. G-1), as amended from time to time, which indicate the estimated parking load based on neighborhood context, location, access, and current and future infrastructure. Table G-1 Form-Based Code Parking Requirements Load (Zone) Required Parking Spaces Low Load (Zone 1) Minimum 40% and Maximum 60% of the parking requirement indicated in 19.12.060 for the individual use Medium Load (Zone 2) Minimum 45% and Maximum 65% of the parking requirement indicated in 19.12.060 for the individual use High Load (Zone 3) Minimum 50% and Maximum 70% of the parking requirement indicated in 19.12.060 for the individual use How to apply the Form-Based Code Parking Requirements: a. Find the Parking Requirements for the individual use as set forth in 19.12.060 and calculate the amount of parking required. The first 2,000 square feet of GFA of Retail Trade and Employment & Services Use Types (Refer to Section 19.09.050.I Tables) are exempt from this calculation. b. Find your property location on the Downtown Parking Load Map and identify if the Parking Load Zone is High (red), Medium (yellow), or Low (green) as indicated in Figure G-1. c. Using the required parking amount as calculated in step #1; identify the minimum and maximum required parking by utilizing the percentage based on the Parking Load Zone. See the example below: Page 387 Table G-2 Form-Based Code Parking Requirements Calculations Workflow 19.12.060 Parking Requirement Parking Load Zone is Medium (Zone 2) Form-Based Code Parking Requirement 20 spaces Minimum 50% and Maximum 70% of the parking requirement 19.12.060 for the individual use Minimum Required Parking Spaces: 10 Maximum Required Parking Spaces: 14 d. Comply with the requirement. If not compliant, the project will need the approval of a Variance as set forth in LVMC Section 19.16.140. Page 388 Figure G-1 Downtown Parking Load Map 2. Required parking as set forth and calculated accordingly to in LVMC Section 19.09.100.G.1 may be reduced as set forth in LVMC Section 19.18.030.D.4 (Parking Alternatives). 3. The standards for the design and layout of parking areas for all commercial and multi-family residential uses are established in LVMC Section 19.08.110 (Commercial and Industrial Parking Design Standards). 4. Bicycle Parking Standards a. Bicycle spaces must have racks anchored so that they cannot be easily removed and racks must be designed so that the wheel and frame of the bicycle can be locked securely to it with a chain, cable, or padlock. b. Where required, the bicycle parking spaces must be visible from one of the main entrances of the principal building, and placed within 40 feet of the entrance. c. The development, design, and placement of all bicycle parking spaces requires the Director's approval. Page 389 Table G-3 Bicycle Parking Requirements Use Required Parking Spaces Residential (over 20 units only) 2 min., plus 1 per every 20 units Recreation, Education, and Public Assembly 2 min., plus 1 per every 8,000 GFA Retail Trade 2 min., plus 1 per every 10,000 GFA Employment and Services 2 min., plus 1 per every 20,000 GFA Telecommunication Facilities -- Other -- Urban Agriculture -- 19.09.100.H Sign Standards 1. Standards and procedures for permanent and temporary signs allowed in all residential zones are established in LVMC Section 19.06.140 (Residential Sign Standards). 2. Standards and procedures for permanent and temporary signs allowed in all commercial zones are established in LVMC Section 19.08.120 (Commercial and Industrial District Sign Standards). 19.09.100.I Incentives for Development Under the Form-Based Code (Placeholder) This Subsection will be developed in the future to enable the inclusion of incentives into the Form-Based Code that are intended to incentivize appropriate new development. These incentives could include, for example, reductions in the number of parking spaces required and expedited approval processes. The City could also include the concept of a Community Benefits Program into the Form-Based Code. This program could, for example, allow a developer to increase the height of a building by a defined number of stories in exchange for providing a community benefit, such as guaranteed affordable housing, a community park or plaza, etc. If the City pursues such a program it will need to be carefully calibrated to specific Transect Zones and Districts within Downtown Las Vegas. 19.09.100.J Additional Standards for Large Developments For new development proposed on a large development site, i.e. a development proposed on 50 percent or more of an existing block, the following standards to ensure pedestrian connectivity through a block, shall apply; 1. A pedestrian passage must be provided to provide convenient and easy walking access through the block between adjoining public thoroughfares. Pedestrian passages are restricted to pedestrian use and may have limited vehicular access. 2. Pedestrian passages must ideally be located near the middle of a block, and are intended to provide connectivity to existing pedestrian networks and connect to other public spaces such as plazas or courtyards, thoroughfares, alleys, and parking garages. 3. A pedestrian passage provides additional frontage opportunities for the commercial (retail and restaurant) and/or residences houses along its edges. This public space may also provide an opportunity for informal or formal community gathering. 4. Pedestrian passages must be designated as a public access easement or public right of way and must be a minimum of 20 feet in width with a paved walkway a minimum of 10 feet wide. 19.10 SPECIAL AREA AND OVERLAY DISTRICTS - PURPOSE AND DEVELOPMENT AND DESIGN STANDARDS Contents: Page 390 19.10.010 Purpose and Intent 19.10.020 C-V (Civic) 19.10.030 P-C (Planned Community) 19.10.040 PD (Planned Development) 19.10.050 R-PD (Residential Planned Development) 19.10.060 T-C (Town Center) 19.10.070 T-D (Traditional Development) 19.10.080 A-O (Airport Overlay) 19.10.090 CD-O (Designed Commercial Overlay) 19.10.100 DC-O (Downtown Casino Overlay) 19.10.110 DTLV-O (Downtown Las Vegas Overlay) 19.10.120 DE-O (Downtown Entertainment Overlay) 19.10.130 G-O (Gaming Enterprise Overlay) 19.10.140 HS-O (Hillside Overlay) 19.10.150 HD-O (Historic Designation Overlay) 19.10.160 SB-O (Las Vegas Boulevard Scenic Byway Overlay) 19.10.170 LW-O (Live/Work Overlay) 19.10.180 RP-O (Rural Preservation Overlay) 19.10.010 Purpose and Intent The Special Purpose Districts, Overlay Districts and other area-specific standards and guidelines established in this Chapter: A. Are to be used in areas of the City which have special characteristics and require special zoning regulations to establish and maintain the character of those areas; B. May include, as applicable, special regulations regarding land use, buildings and structures, building height, building site areas, setback requirements, landscaping, streetscape and aesthetic characteristics, and any other item or concern regulated by this Title. Page 391 19.10.020 C-V Civic District Figure 1 - Civic District Map A. Intent of the District The purpose of the C-V District is to provide for the continuation of existing public and quasi-public uses and for the development of new schools, libraries, public parks, public flood control facilities, police, fire, electrical transmission facilities, Water District and other public utility facilities. In addition, the C-V District may provide for any public or quasi-public use operated or controlled by any recognized religious, fraternal, veteran, civic or service organization. The C-V District is consistent with the Public Facilities category of the General Plan. B. Permitted Land Uses The following uses are permitted in the C-V District: 1. Any use operated or controlled by the city, county, state or federal government, other than those indicated in Subsection (D) of this Subchapter as requiring a Special Use Permit. 2. Any public or quasi-public use operated or controlled by a recognized religious, fraternal, veteran, civic or service organization, other than those indicated in Subsection (D) of this Subchapter as requiring a Special Use Permit. Map is representative of where the C-V District is located. See the Official Zoning Map Atlas for the exact location of properties currently zoned as C-V (Civic) District. 3. Utility company facilities, including electrical power substation facilities, telephone switching stations and towers, water district facilities, cable TV lines and wireless communication facilities. C. Similar Uses 1. Additional Uses. The uses permitted in Subsection (B) of this Subchapter are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Subchapter are prohibited. However, additional uses may be permitted by the Director if the Director finds the use in each case to be similar to the other uses listed in Subsection (B) of this Subchapter. 2. Appeal of Decision. An applicant who is aggrieved by the decision of the Director may appeal that decision to the City Council. The appeal shall be filed in the office of the City Clerk, with a copy to be filed in the office of the Department of Planning. The appeal must be filed within 10 days after the decision is made. Unless otherwise stated, the Council's determination shall constitute a permanent and consistent interpretative decision, which the Director shall apply in all future instances. D. Uses Permitted by Special Use Permit 1. The following uses may be permitted in the C-V District by means of Special Use Permit if in each case the parcel or use is operated or controlled by an agency or subdivision of local, state or federal government. a. Banquet Facility; b. Beer/Wine/Cooler On-Sale Establishment; c. Convention Facility, Publicly Operated; Page 392 d. Custodial Institution; e. Gaming Establishment, General Business-Related; f. Liquified Petroleum Gas Installation (Over 288 Gallons); g. Liquor Establishment (Tavern); h. Restaurant with Service Bar; i. Social Event with Alcoholic Beverage Sales; j. Supper Club. 2. An Off-Premise Sign may be permitted in the C-V District by means of a Special Use Permit if in each case the parcel or use is operated or controlled by an agency of local, state or federal government, or by any fraternal, veteran, civic or service organization. 3. The following uses may be permitted in the C-V District by means of Special Use Permit without limitation as to the person or entity that operates or controls the parcel or use: a. Cemetery/Mausoleum; b. Crematory; c. Mortuary or Funeral Chapel. E. Development Standards 1. Except as provided for in Paragraph (2) of this Subsection and Subsections (F), (G) and (H) below, the minimum development standards for property in the C-V District shall be established by the City Council in connection with the approval of a rezoning application or administratively in connection with the approval of a site development plan. The standards shall be designed to ensure compatibility of the development with existing and planned development in the surrounding area. 2. In addition to the standards established above, property in the C-V District adjacent to residential uses in the U, R-E, R-D, R-1, R-SL, R-CL and R-2 Districts shall be subject to the height standards of LVMC 19.06.060, the landscape buffer standards of LVMC 19.08.040(F) and Table 4 of LVMC 19.08.050, and the parking standards of LVMC 19.08.110. (Ord. 6270 §8, 09/18/13) (Ord. 6323 § 9 06/04/14) Figure 2 - Utility Installations F. Utility Installations Utility Installations shall be designed in a manner which enhances compatibility between the built and natural environment and will not negatively impact the use and enjoyment of adjacent and neighboring properties. Site planning for the location of above ground structures shall consider impacts to surrounding uses and be located at least fifteen feet from property lines. Above ground structures shall be oriented and located away from adjacent residential uses. Utility Installations shall be screened with a decorative wall consisting of at least 20% contrasting materials and/or colors which adequately shields surrounding properties from the use. The perimeters of Utility Installations shall be buffered with drought-tolerant landscape material, including but not limited to trees, shrubs, cacti and vines which will adequately screen blank walls from surrounding uses. Page 393 Figure 3 - Buildings and Plazas G. Buildings and Plazas 1. Buildings and plazas within the C-V District shall be located at the front of the site at the minimum setback line established by the approved site development plan and should make a strong tie to the building lines of each street unless the applicant can demonstrate by substantial and convincing evidence that to do so would be infeasible. 2. Pedestrian open spaces and plazas shall be integral to the overall design of the proposed development and shall be located in areas of high pedestrian traffic in such a manner to be convenient and readily accessible. Pedestrian open spaces and plaza shall include without limitation benches, pergolas, landscape arbors, artwork and landscape to sufficiently shade or soften the space. 3. Parking lots shall be located to the side or rear of buildings and away from the street front and shall not be permitted on street corners unless the applicant can demonstrate by substantial and convincing evidence that to do so would be infeasible. H. Signage Standards for signage within the C-V District shall be the same as those indicated in LVMC 19.08.120 for the P-O District with the following additional standards: 1. Non-illuminated letters identifying the name of a public or semi-public institution may be permanently set on the wall of the building, providing the sign does not exceed fifty square feet. 2. Signs on public buildings meeting the foregoing criteria may be permitted on structures which are a part of the institutional architecture or which are symbolic of the institution and the permitted square footage and maximum height limitation of public building signs shall apply only to the written message. 3. In addition to the indicated signs, additional signs may be permitted in conjunction with public and semi-public institutions subject to the review and approval of the Planning Commission as to each case. I. Applicability of Standards The standards set forth in Subsections (E)(2), (F), (G) and (H) are minimum requirements. Any request to deviate from these standards shall require the submittal of an application for an Administrative Deviation, if appropriate, or Variance, which shall be subject to the procedures and standards set forth in LVMC 19.16.120 and 19.16.140, respectively. Page 394 19.10.030 P-C Planned Community District Figure 1 - Planned Community District Map A. Intent of District 1. The Planned Community (P-C) District is established to permit and encourage the development of comprehensively planned communities, with a minimum of 3,000 contiguous acres of land under one ownership or control, which can flourish as unique communities as a result of the comprehensive planning required for this large scale of development. The rezoning of property to the P-C District is appropriate only if the Planned Community Program, with respect to such property, will accomplish the objectives set forth in Paragraph (2), below. 2. In order for property to qualify for P-C District zoning, the master developer must demonstrate the potential for achievement of the following specific objectives throughout the planning, design and development stages: a. Providing for an orderly and creative arrangement of land uses with respect to each other, to the entire Planned Community and to all adjacent land; b. Providing for a variety of housing types, employment opportunities and commercial services to achieve a balanced community for families of a wide variety of ages, sizes and levels of income; Map is representative of where the P-C District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as P-C (Planned Community) District. c. Providing for a planned and integrated comprehensive transportation system for pedestrian and vehicular traffic, which may include provisions for mass transportation and roadways, bicycle or equestrian paths, pedestrian walkways and other similar transportation facilities; d. Providing for cultural, educational, medical, religious and recreational facilities; e. Locating and siting structures to take maximum advantage of the natural and manmade environment and to provide view corridors; and f. Providing for adequate, well-located and well-designed open space and community facilities. B. Permitted Land Uses and Development Standards Development in the P-C District may consist of any use or combination of uses that are specifically approved for the property in the Planned Community program. The developer shall include in the Planned Community Program a listing of the uses proposed and the general arrangement for each land use category within the proposed P-C District. The listing and general arrangement of the approved land uses shall be shown in the Planned Community Program that is adopted as part of the P-C District approval. C. Density The approved Planned Community Program shall establish the maximum number of dwelling units per gross acre for each residential category, as well as for the entire property. The number of dwelling units permitted per gross acre on any parcel in the P-C District shall be determined at the time the Development Plan is approved. Page 395 D. Minimum Site Area for Rezoning The minimum site area that is eligible for rezoning to the P-C District is 3,000 acres. Any additional tract which contains less than the minimum site area and which is contiguous to property previously zoned P-C may also be zoned P-C by the City Council if it otherwise qualifies for the P-C zoning designation and, at the time of such rezoning, is owned by or is under the control of the same property owner (including its successors and assigns) that applied for and obtained P-C zoning on the original property so zoned. The rezoning of any such additional property shall be made subject to an approved Planned Community Program applicable to that property. E. Special Application Requirements Plans and documentation which must accompany a rezoning application are as follows: 1. A conceptual development plan for the property, including general land use designations, transportation plans and plans for open space and community facilities. A general phasing plan shall be included to indicate the intended timing of development; 2. Development standards that set forth: densities; building height, bulk and setback requirements; requirements for signage, landscaping, parking and open space; and procedures for Development Plan review and for modifying and deviating from the Planned Community Program; 3. Storm drainage information, which shall consist of a preliminary drainage study completed by a registered professional engineer on a map with a minimum contour interval of five feet; 4. Conceptual utility layout that includes tentative sewer and water main corridors; and 5. Proposed conditions, covenants and restrictions, including design guidelines. F. Review, Recommendation and Approval 1. Planned Community Program. The initial zoning approval of a P-C District shall consist of a review and recommendation by the Planning Commission and approval by the City Council, in accordance with the provisions of LVMC 19.16.090. The approval of a P-C District by the City Council shall be accomplished directly by ordinance and shall include the approval and adoption of a Planned Community Program. An approved Planned Community Program shall be a matter of record and shall be made available in the Department. 2. Modified Planned Community Program. The developer may develop property in the P-C District in accordance with, but only in accordance with, the approved Planned Community Program and any approved modifications thereof or deviations therefrom. No modification or deviation shall be effective unless it is approved in accordance with this Section and the procedures set forth in the Planned Community Program. The Director may request modification of a program in accordance with the modification procedures set forth in the program. 3. Planned Community Program Procedures. A Planned Community Program shall contain procedures to provide for modification of and deviation from the program pursuant to review by the Director, the Planning Commission or the City Council, or any combination thereof, and such procedures shall be exclusive of any other procedure, other than the procedures for notification of public hearings, that is provided in this Title for the approval of any Rezoning, Variance or Special Use Permit. With respect to any modification or deviation that requires approval by the Planning Commission or City Council, or both, the modification or deviation may be approved only upon a finding by the Planning Commission or City Council, as the case may be, that: a. The requested modification or deviation, if approved, will not affect the rights of property owners or residents within the P-C District to maintain and enforce previously approved conditions, covenants and restrictions and other rights in the Planned Community Program; and b. The requested modification or deviation, if approved, will be consistent with the planning objectives and goals of the approved Planned Community Program. 4. Department Conformance Review-Appeal. Each Development Plan that is submitted in connection with the implementation of a Planned Community Program shall be reviewed for conformance therewith by the Director. The Director may require modifications that bring the Development Plan or site plan into conformance with applicable standards of health, safety and welfare and may recommend design adjustments to better fulfill the intent of the Planned Community Program approval and the purposes of the P-C District. Page 396 5. Appeal of Director's Decision. An applicant who is aggrieved by the decision of the Director with respect to a proposed Development Plan or site plan may request a review of such decision by the Planning Commission. An applicant who is aggrieved by the decision of the Planning Commission may appeal such decision to the City Council by filing a written request for appeal with the City Clerk within 15 calendar days after the date of the Planning Commission's decision. G. Open Space and Landscape Area Requirements A minimum of 20 percent of the gross property area in the P-C District shall consist of open space, recreation facilities, multi-purpose trails, pedestrian and bikeway facilities, other common community facilities and landscaped areas in public rights-of-way. Any private recreation facility which serves more than one individual lot may be counted as a part of the minimum requirement. Specific open space and landscaped area requirements shall be set forth in the Planned Community Program. H. Street and Subdivision Design Requirements All development shall conform to the standard street and subdivision design requirements set forth in LVMC Chapters 19.02 and 19.04, except as otherwise provided for specifically in an approved Planned Community Program. I. Non-applicability of Other Provisions- Analogous Applications 1. The Development Standards may contain provisions for the processing and review of Minor Exceptions, Deviations, Plot Plan Reviews, Development Plan Modifications and other land use control procedures. If such procedures are so provided, they supersede the corresponding procedures set forth in this Title. 2. With regard to any issue of land use regulation that may arise in connection with the P-C District and that is not addressed or provided for specifically in this chapter or in an approved Planned Community Program, the Director may apply by analogy the general definitions, principles and procedures set forth in this Title, taking into consideration the intent of the approved Planned Community Program. Page 397 19.10.040 PD Planned Development District Figure 1 - Planned Development District Map A. Intent of District The intent of the Planned Development (PD) District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or multi-use planned development. The rezoning of property to the PD District may be deemed appropriate if the development proposed for the District can accomplish one or more of the following goals: 1. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community; 2. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities; 3. Providing for flexibility in the distribution of land uses, in the density of development, and in other matters typically regulated in zoning districts; 4. Providing for cultural, civic, educational, medical, religious or recreational facilities, or any combination thereof, in a planned or a unique setting and design; Map is representative of where the PD District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as PD (Planned Development) District. 5. Providing for the redevelopment of areas where depreciation of any type has occurred. 6. Providing for the revitalization of designated areas; 7. Promoting or allowing development to occur in accordance with a uniform set of standards which reflect the specific circumstances of the site; 8. Avoiding premature or inappropriate development that would result in incompatible uses or would create traffic and public service demands that exceed the capacity of existing or planned facilities; 9. Encouraging area-sensitive site planning and design; and 10. Contributing to the health, safety and general welfare of the community and providing development which is compatible with the City's goals and objectives. B. Definitions 1. "Master development plan" means a specific written plan and accompanying maps which identify, with respect to a PD District development, the proposed location and size of development parcels, land uses and zoning designations; transportation plans and a traffic impact analysis; open space, community facilities and amenity plans; and the applicable development regulations and design standards. 2. "Development standards" means the minimum standards for development in the Planned Development District, including but not limited to standards for intensity and type of use; densities; building design, layout, configuration, height, coverage, spacing, bulk and setback requirements; provision for utilities; topography and drainage patterns; signage; open space and landscaping; on-site vehicular and pedestrian circulation and parking; urban design elements and features; and site amenities. Page 398 C. Rezoning And Minimum Site Area Property may be rezoned to the Planned Development District by the City Council in accordance with the requirements of this Section and LVMC 19.16.090. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a district development project number or label, along with the designation "PD". The rezoning shall include the adoption of a specific master development plan and development standards. The minimum site area for a Planned Development District is 40 acres. D. Application Requirements 1. In the case of property that is sought to be reclassified to the Planned Development District by the property owner, the owner or authorized representative must meet with the Director, or the Director's designee, before the City has any obligation to accept the rezoning application as complete. 2. In addition to the submittals required by LVMC Chapter 19.16, the following must accompany an application for rezoning submitted by a property owner: a. A metes and bounds description of the proposed Planned Development District. b. A proposed master development plan for the entire site. c. Development standards that are proposed to be applied to the development. The development standards must include provisions regarding the installation of utility boxes and above ground utilities that are at least as restrictive as those set forth in this Tile for comparable development. d. Any proposed conditions, covenants and restrictions for the development, including easements and grants for public utility purposes. e. The location of primary and secondary thoroughfares proposed for the development, including right-of-way widths and the location of access points to abutting streets. f. Identification of all rights-of-way, easements, open spaces or other areas to be dedicated, deeded or otherwise transferred to the City. g. A plan for the extension of any necessary public services and facilities, including sewer facilities and facilities for flood control and drainage. h. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, landscape, open space and signage concepts. i. The location and description of all buffering that is proposed between the development site and adjacent properties. j. Additional information and detail as may be required in order to respond to the unique characteristics of the site and its location. E. Permitted Uses and Standards Any combination of residential, commercial, industrial or public uses may be permitted within a specific Planned Development District to the extent they are consistent with the Master Development Plan for that District. The uses to be permitted within the District must be specified in the adopted Master Development Plan for the District. Because of the nature and purpose of the PD District, and notwithstanding any other provision of this Section: 1. An application to rezone property to the PD District may be denied by the City Council, at its complete discretion, if it finds that the proposed development is incompatible or out of harmony with surrounding uses or the pattern of development within the area. 2. No use, type of development or development standard is presumptively permitted within the PD District unless it already has been included in the adopted plan for the District. Page 399 3. An application to allow within the PD District a particular use, type of development or development standard which has not already been included in the adopted plan for the District may be denied if it is incompatible or out of harmony with the surrounding uses or the pattern of development within the area. F. Approval of Master Development Plan and Development Standards In connection with the approval of a Planned Development District, the City Council shall adopt a Master Development Plan and Development Standards, which will thereafter govern the development of property within the District. In considering the approval of a Master Development Plan and Development Standards for a Planned Development District, the Planning Commission and City Council shall be guided by the following objectives, and may impose such conditions and requirements deemed necessary to meet those objectives: 1. Consistency of the proposed development with the General Plan and other applicable plans, policies, standards and regulations. 2. Compatibility of the proposed development with adjacent and surrounding development. 3. Minimization of the development's impact upon adjacent roadways and neighborhood traffic, and upon other public facilities and infrastructure. 4. Protection of the public health, safety, and general welfare. G. Modification of Master Development Plan and Development Standards The development of property within the Planned Development District may proceed only in strict accordance with the approved Master Development Plan and Development Standards. Any request by or on behalf of the property owner, or any proposal by the City, to modify the approved Master Development Plan or Development Standards shall be filed with the Department. In accordance with Paragraphs (1) and (2) of this Subsection, the Director shall determine if the proposed modification is "minor" or "major," and the request or proposal shall be processed accordingly. 1. Minor Modification. A Minor Modification is a modification which is requested or agreed to by the property owner and which is intended to accomplish one or more of the following: a. A change in the location of a use from the location specified in the approved Master Development Plan, but only if the change in location will not have a significant impact on other uses in the area. b. The addition of uses that are comparable in intensity to those permitted in connection with the rezoning approval or the approval of a Master Development Plan for the District. c. A change in parking lot layout, building location or other similar change that conforms with the intent of the previously approved Master Development Plan and Development Standards. d. A change in the species of plant material proposed for the District. e. A decrease in the density or intensity of development from that previously approved for the District. f. Any other change or modification of a similar nature which the Director determines will not have a significant impact on the District or its surroundings. A Minor Modification shall be reviewed and acted upon administratively by the Director. An applicant who is aggrieved by the Director's decision may appeal that decision to the Planning Commission by filing a written appeal with the Department no later than 10 days after the date the applicant receives notice of the administrative decision. 2. Major Modification. A Major Modification includes any modification which does not qualify as a Minor Modification. A Major Modification shall be processed in accordance with the procedures and standards applicable to a rezoning application, as set forth in Subsections (I) to (M), inclusive, of LVMC 19.16.090. H. Site Development Plan Review All development within a PD District is subject to the site development plan review procedures set forth in LVMC 19.16.100. I. Issue Resolution - Analogous Standards Page 400 With regard to any issue of land use regulation that may arise in connection with a Planned Development District and that is not addressed or provided for specifically in this Section or in the approved Master Development Plan and Development Standards for that District, the Director may apply by analogy the general definitions, principles, standards and procedures set forth in this Title, taking into consideration the intent of the approved Master Development Plan and Development Standards. 1. Signage. As this Subsection applies to standards for signage: a. Single and Two-Family residential developments within a PD District shall be analogous to those standards indicated in LVMC 19.06.140 for the R-1 District; and b. Multi-family residential developments within a PD District shall be analogous to those standards indicated in LVMC 19.06.140 for the R-3 District. Page 401 19.10.050 R-PD Residential Planned Development District Figure 1 - Residential Planned Development District Map A. Intent of R-PD District The R-PD District has been to provide for flexibility and innovation in residential development, with emphasis on enhanced residential amenities, efficient utilization of open space, the separation of pedestrian and vehicular traffic, and homogeneity of land use patterns. Historically, the R-PD District has represented an exercise of the City Council's general zoning power as set forth in NRS Chapter 278. The density allowed in the R-PD District has been reflected by a numerical designation for that district. (Example: R-PD4 allows up to four units per gross acre.) However, the types of development permitted within the R-PD District can be more consistently achieved using the standard residential districts, which provide a more predictable form of development while remaining sufficiently flexible to accommodate innovative residential development. Therefore, new development under the R-PD District is not favored and will not be available under this Code. B. Development Standards 1. The development standards for a project, including minimum front, side and rear yard setbacks, grade changes, maximum building heights, maximum fence heights and fence design, parking standards, standards for any guest houses/casitas and other design and development criteria, shall be as established by the approved Site Development Plan Review for the development. Map is representative of where the R-PD District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as R-PD (Residential Planned Development) District. 2. With regard to any issue of development standards that may arise in connection with a Residential Planned Development District and that is not addressed or provided for specifically in this Section or in the approved Site Development Plan Review for that District, the Director may apply by analogy the general definitions, principles, standards and procedures set forth in this Title, taking into consideration the intent of the approved Site Development Plan Review. a. Signage. As this Paragraph (2) applies to standards for signage: i. Single and Two-Family residential developments within a R-PD District shall be analogous to those standards indicated in LVMC 19.06.140 for the R-1 District; and ii. Multi-family residential developments within a R-PD District shall be analogous to those standards indicated in LVMC 19.06.140 for the R-3 District. C. Permitted Land Uses Page 402 1. Single-family and multi-family residential and supporting uses are permitted in the R-PD District to the extent they are determined by the Director to be consistent with the density approved for the District and are compatible with surrounding uses. In addition, the following uses are permitted as indicated: a. Home Occupations for which proper approvals have been secured. b. Child Care-Family Home and Child Care-Group Home, to the extent the Director determines that such uses would be permitted in the equivalent standard residential district. 2. For any use which, pursuant to this Subsection, is deemed to be permitted within the R-PD District, the Director may apply the development standards and procedures which would apply to that use if it were located in the equivalent standard residential district. 3. For purposes of this Subsection, the "equivalent standard residential district" means a residential district listed in the Land Use Tables which, in the Director's judgment, represents the (or a) district which is most comparable to the R-PD District in question, in terms of density and development type. D. Plan Amendment Approvals, Conditions, Conformance Amendments to an approved Site Development Plan Review shall be reviewed and approved pursuant to LVMC 19.16.100(H). The approving body may attach to the amendment to an approved Site Development Plan Review whatever conditions are deemed necessary to ensure the proper amenities and to assure that the proposed development will be compatible with surrounding existing and proposed land uses. Page 403 19.10.060 T-C Town Center District Figure 1 - Town Center District Map A. Intent and Objectives 1. The Town Center (T-C) District is established to permit and encourage the development of a mixed- use employment center which will provide economic stability and diversification for the City of Las Vegas. The primary objective of the T-C District concept is to provide employment for in excess of 100,000 individuals while, at the same time, creating a unique blending of human habitation and economic activity. The rezoning of property to the T-C District is appropriate only if the Town Center concept will be followed and the objectives set forth in Paragraph (2) below are adhered to. 2. In the T-C District, the developer must demonstrate the potential for achieving the following outlined objectives throughout the planning, design and development stages: a. Providing for an orderly and creative arrangement of land uses with respect to each other, to the Town Center and to all adjacent properties; Map is representative of where the T-C District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as T-C (Town Center) District. b. Providing for a variety of housing types which are not found elsewhere in the City, as well as employment opportunities and commercial services to achieve a balanced community for individuals and families of wide variety of ages, sizes and levels of income; c. Providing for a planned and integrated comprehensive transportation system for pedestrian and vehicular traffic, which may include provisions for mass transportation and roadways, bicycle paths, pedestrian walkways and other similar transportation facilities; d. Providing for cultural, educational, medical, religious and recreational facilities; e. Locating and siting structures to take maximum advantage of the natural and manmade environment and to establish new view corridors; and f. Providing for adequate, well-located and well-designed open space and community facilities. Page 404 Figure 2 - Town Center Development Standards Manual B. Permitted Land Uses and Development Standards 1. Development in the T-C District may consist of any use or appropriate combination of uses that are specifically approved for the property in the Town Center Land Use Matrix, as set forth in the Town Center Development Standards Manual (See Figure 2). The developer shall identify in a written analysis the proposed uses for each project and shall specify how each proposed use is consistent with the Land Use Matrix. 2. Development in the T-C District shall conform to the Town Center Development Standards Manual, which is hereby adopted by this reference. The Town Center Development Standards Manual shall be on file in the Office of the City Clerk and in the Department. The Town Center Development Standards Manual may be amended from time to time by ordinance or by resolution of the City Council. C. Special Application Requirements Plans and documentation which must accompany a rezoning application are as follows: 1. A conceptual development plan for the property, including general land use designations, parking plans, transportation plans and plans for open space and community facilities. A general phasing plan shall be included to include the intended timing of development; 2. Proposed development standards that set forth architecture; densities; building height, bulk and setback requirements; requirements for signage, landscaping, parking and open space. The proposed standards should demonstrate consistency and compliance with the Town Center Development Standards Manual; All development in the T-C District must conform to the provisions of the Town Center Development Standards Manual. (Ord. 6575 §2 through 23, 04/19/2017) 3. Storm drainage information, which shall consist of a preliminary drainage study completed by a registered professional engineer on a map with a minimum contour interval of five feet; 4. Conceptual utility layout that includes tentative sewer and water main corridors; and 5. Proposed conditions, covenants and restrictions, including architectural, design and other development guidelines to be followed. D. Development Review, Recommendation, and Approval 1. Zoning Approval. The rezoning of property to the T-C District shall be by means of a review and recommendation by the Planning Commission and approval by the City Council, in accordance with the provisions of LVMC 19.16.090. The approval of a T-C District by the City Council shall be accomplished directly by ordinance. The approval of a T-C District may include the approval of a Development Plan which shall thereafter govern the development of the property. 2. Development Approval a. Plans for proposed development within the T-C District must be submitted to the Department. The Director or the Director's designee shall review the plans for conformance with the provisions of the Subchapter, and may require modifications to the proposal in order to protect the public health, safety and welfare and to Page 405 better fulfill the intent of the Town Center Land Use Plan and the Town Center Development Standards Manual. b. Development of any project within the T-C District may be approved administratively if the proposed development: i. Requires no additional approval by any board or the City Council; and ii. Is in full compliance with the Town Center Development Standards Manual, any Development Plan which has been approved for the project, and the intent of the Town Center concept. c. For any other development, approval must be obtained in accordance with the procedural and substantive requirements set forth in the Town Center Development Standards Manual, this Subchapter, and the provisions of this Title. 3. Appeal of Decision. An applicant that is aggrieved by the decision of the Director or the Director's designee with respect to a proposed plan for development may appeal that decision to the Planning Commission. An applicant that is aggrieved by the decision of the Planning Commission may appeal such decision to the City Council by filing a written request for appeal with the City Clerk within fifteen calendar days after the date of the Planning Commission's decision. E. Open Space and Landscape Area Requirements A minimum of 20 percent of the gross property area proposed to be added to or developed within the T-C District shall consist of any combination of open space, recreation facilities, multi-purpose trails, pedestrian and bikeway facilities, other common community facilities and landscaped areas in public rights-of-way. Any private recreation facility which serves more than one individual lot may be counted as a part of the minimum requirement. Specific open space and landscaped area requirements are as set forth in the Town Center Development Standards Manual. F. Street and Subdivision Design Requirements All development shall conform to the standard street and subdivision design requirements set forth in this Title, except as otherwise provided for specifically in the Town Center Development Standards Manual. G. Analogous Applications With regard to any issue of land use regulation that may arise in connection with the T-C District and that is not addressed or provided for specifically in this Section or in the Town Center Development Standards Manual, the Director may apply by analogy the general definitions, principles and procedures set forth in this Title, taking into consideration the intent of the approved Town Center Land Use Plan. (Ord. 6575 §2 through 23, 04/19/2017) Page 406 19.10.070 T-D Traditional Development District Figure 1 - Traditional Development District Map A. Intent and Objectives 1. Purpose. The Traditional Development (T-D) District is established to permit and encourage the development of comprehensively planned mixed- use communities, with a minimum of eighty contiguous acres of land under one ownership or control, which can generally exist as a self- contained community. The rezoning of the property to the T-D District is appropriate only if the Development Standards and Design Guidelines document that is proposed for such property will accomplish the objectives set forth in Paragraph (2) below. 2. Minimum Qualifications. In order for property to qualify for T-D District zoning, the master developer must demonstrate the potential for achievement of the following specific objectives throughout the planning, design and development stages: a. Providing for an orderly arrangement of land uses with respect to each other, to the entire area within the proposed district, and to all adjacent land; b. Providing for a balanced mix of housing types, commercial uses and civic amenities to provide a self-contained community for families of a wide variety of ages, compositions, and levels of income; Map is representative of where the T-D District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as T-D (Traditional Development) District. c. Providing for a hierarchical transportation system of interconnected streets, with facilities for transit, pedestrians, bicycles, recreational paths and vehicles; d. Providing for the means by which the needs of daily living can be met within proximity of dwellings; e. Providing a strong relationship between buildings and street type, with emphasis on the pedestrian nature of the community, and de-emphasizing gated private streets and culs-de-sac; f. Locating development to take maximum advantage of the natural environment; g. Providing for adequate, well-located and well-designed open space and community facilities; h. Providing for a variety of architecture, landscape architecture and overall image that considers local climate and topography; i. Providing for a center focus that combines commercial, civic, residential, cultural and recreational uses; j. Providing for the preservation of natural terrain drainageways (arroyos and desert washes), and of area vegetation, emphasizing these features within developed parks and natural open space; and k. Providing for the wise use of water and energy. Water should be conserved through participation in appropriate local water conservation programs. Energy should be conserved through the efficient and responsible design of environmentally-friendly homes and other buildings, and participation in appropriate local or national energy conservation programs. Page 407 B. Permitted Land Uses and Development Standards Development in the T-D District shall include residential uses, commercial uses, and civic uses. Within a proposed Development Standards and Design Guidelines document to be submitted in accordance with this Section, the developer shall include a listing of the uses proposed and the arrangement for each land use within the T-D District. The listing and arrangement of the approved land uses shall be show in the Development Standards and Design Guidelines document that is adopted as part of the T-D District approval. C. Density The approved Development Standards and Design Guidelines document shall establish the maximum number of dwelling units per gross acre for each residential and mixed-use category, as well as the overall number of residential units for the entire T-D District. D. Minimum Site Area for Rezoning The minimum site area that is eligible for rezoning to the T-D District is forty acres, which is the minimum area deemed necessary to accommodate a balanced mix of housing, commercial, and civic uses. Any additional tract which contains less than the minimum site area and which is contiguous to property previously zoned T-D may also be zoned T-D by the City Council if it otherwise qualifies for the T-D zoning designation and, at the time of such rezoning, is owned by or is under the control of the same property owner (including its successors and assigns) that applied for and obtained T-D zoning on the original property so zoned. The rezoning of any such additional property shall be made subject to the approved Development Standards and Design Guidelines applicable to that property. E. Special Application Requirements Plans and documentation which must accompany a rezoning application are as follows: 1. Proposed Development Standards and Design Guidelines that set forth: a. A conceptual development plan for the property, including general land use designations, transportation plans, and plans for open space and civic facilities; b. Densities; c. Building height, bulk and setback requirements; d. Requirements for signage, landscaping, parking and open space; e. Grading, terracing and retaining wall requirements; f. A general phasing plan to indicate the intended timing of developments; and g. Procedures for Development Plan review and for modifying and deviating from the Development Standards and Design Guidelines; 2. Storm drainage and grading information, which shall consist of a preliminary drainage study completed by a registered professional engineer on a map with a minimum contour interval of five feet; 3. Conceptual utility layout that includes tentative sewer and water main corridors; and 4. If required by the Director, a draft development agreement as contemplated by NRS 278.0201 to NRS 278.0207, the substance of which has been deemed acceptable by the Director. F. Review, Recommendation and Approval 1. Development Standards and Design Guidelines. The initial zoning approval of a T-D District shall consist of a review and recommendation by the Planning Commission and approval by City Council, in accordance with the provisions of LVMC 19.16.090. The approval of a T-D District by the City Council shall be accomplished directly by ordinance and shall include the approval and adoption of a Development Standards and Design Guidelines document. An approved Development Standards and Design Guidelines document shall be a matter of record and shall be made available in the Department. 2. Adherence to Development Standards and Design Guidelines. The developer may develop property in the T-D District in accordance with, but only in accordance with, the approved Development Standards and Design Guidelines and any approved modifications thereof or deviations therefrom. No modification or deviation shall be effective unless it is approved in accordance with this Section and the procedures set forth in the Page 408 Development Standards and Design Guidelines. The Director may request modification of a program in accordance with the modification procedures set forth in the program. 3. Modification/Deviation Procedures. The Development Standards and Design Guidelines shall contain procedures to provide for modification of and deviation from the program pursuant to review by the Director, the Planning Commission or the City Council, or any combination thereof, and such procedures shall be exclusive of any other procedure, other than the procedures for notification of public hearings, that is provided in this Title for the approval of any Rezoning, Variance or Special Use Permit. With respect to any modification or deviation that requires approval by the Planning Commission or City Council, or both, the modification or deviation may be approved only upon a finding by the Planning Commission or City Council, as the case may be, that: a. The requested modification or deviation, if approved, will not substantially affect the rights of property owners or residents within the T-D District to maintain and enforce any covenants, conditions and restrictions that have been approved by the City, or any other rights they might have in the Development Standards and Design Guidelines; and b. The requested modification or deviation, if approved, will be consistent with the planning objectives and goals of the approved Development Standards and Design Guidelines. 4. Department Conformance Review. Each Development Plan that is submitted in connection with the implementation of the Development Standards and Design Guidelines shall be reviewed for conformance therewith by the Director. The Director may require modifications that bring the Development Plan or site plan into conformance with applicable standards of health, safety and welfare, and may recommend design adjustments to better fulfill the intent of the Development Standards and Design Guidelines approval and the purposes of the T-D District. 5. Appeal of Director's Decision. An applicant who is aggrieved by the decision of the Director with respect to a proposed Development Plan or site plan may request a review of such decision by the Planning Commission. An applicant who is aggrieved by the decision of the Planning Commission may appeal such decision to the City Council by filing a written request for appeal with the City Clerk within fifteen calendar days after the date of the Planning Commission's decision. G. Open Space and Landscape Area Requirements The Development Standards and Design Guidelines shall identity a minimum percentage of the gross property area in the T-D District to be allocated for open space, recreational facilities, multi-purpose trails, pedestrian and bikeway facilities, other common community facilities, and landscaped areas in public rights-of-way. Any private recreation facility which serves more than one individual lot may be counted towards the minimum requirement. Specific open space and landscaped area development standards shall be set forth in the Development Standards and Design Guidelines. H. Street and Subdivision Design Requirements All development shall conform to the standard street and subdivision design requirements set forth in this Title, except as otherwise provided for specifically in the approved Development Standards and Design Guidelines. I. Nonapplicability of Other Provisions - Analogous Applications 1. The Development Standards and Design Guidelines may contain provisions for the processing and review of Minor Exceptions, Deviations, Plot Plan Reviews, Development Plan Modifications and other land use control procedures. If such procedures are so provided in approved Development Standards and Design Guidelines, those procedures supersede the corresponding procedures set forth in this Title. 2. With regard to any issue of land use regulation that may arise in connection with the T-D District and that is not addressed or provided for specifically in this Section or in the approved Development Standards and Design Guidelines, the Director may apply by analogy the general definitions, principles and procedures set forth in this Title, taking into consideration the intent of the approved Development Standards and Design Guidelines. Page 409 19.10.080 A-O Airport Overlay District Figure 1 - Airport Overlay District Map A. Establishment 1. There is hereby established an Airport Overlay District which consists of those certain areas that are delineated on the following maps: a. The McCarran International Airport Official Airspace Zoning Map; Sheet Number 3, prepared by the Clark County Airport Engineering Department, dated July 18, 1990; hereafter known as the "McCarran Airport Overlay Map" and; b. The North Las Vegas Air Terminal Official Airspace Zoning Map, consisting of one sheet, prepared by the Clark County Airport Engineering Department, dated July 18, 1990; hereafter known as the "North Las Vegas Airport Overlay Map." 2. An area which is identified on more than one airport map is considered to be only in the map with the more restrictive height limitations. 3. Copies of the "McCarran Airport Overlay Map" and the "North Las Vegas Airport Overlay Map," are maintained in the Department. 4. Although not included as part of the Airport Overlay District, consideration shall be given to the protection of the Nellis Air Force Base airspace. Map is representative of where the A-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the A-O (Airport Overlay) District. B. Airport Height Limitations Except as otherwise provided in this Section, no structure shall be erected, altered or maintained on any parcel within the boundaries of the Airport Overlay District that would violate the height limitations depicted in the maps adopted herewith. All development within the airspace above the height of 35 feet above the surface of the land, lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces, shall be subject to the height standards established on the Airport Overlay Maps. However, nothing in this Section shall be construed as prohibiting the construction or maintenance of any structure to a height up to 35 feet above the surface of the land on any parcel. C. Aviation Easement The issuance of a building permit for construction on property within the Airport Overlay District may be conditioned upon the property owner's signing of an aviation easement. D. Planning Commission Review and Approval Page 410 Except as provided in Subsection (E) below, any new construction or alteration of any existing structure on a parcel located within the Airport Overlay District must first be approved by the Planning Commission if such construction or alteration exceeds any of the following height standards: 1. Two hundred feet above the ground level at its site; 2. The plane of an imaginary surface extending outward and upward at a slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of any airport subject to the provisions of this subchapter; 3. For highways, railroads and other traverse ways for mobile objects; if construction or alteration is of greater height than the standards set forth in Paragraphs (1) or (2) above, after their height has been adjusted upward for the appropriate traverse way as follows: a. For interstate highways: 17 feet; b. For any other public roadways: 15 feet; c. For any private road: 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater; d. For any railroad: 23 feet; e. For a waterway or any other unspecified traverse way: the height of the highest mobile object that would normally use the traverse way. 4. Any construction or alteration that would be in an instrument approach area and available information indicates the height might exceed any FAA obstruction standard. E. Allowable Construction Planning Commission review may be waived for construction or alteration of any of the following: 1. An object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographical features of equal or greater height, and would be located in the congested area of the City where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation; 2. An antenna structure of 20 feet or less in height above ground level; 3. An air navigation facility, airport visual approach or landing aid, aircraft arresting device or meteorological device of a type, the location and height of which is fixed by its functional purpose. F. Use Restrictions Notwithstanding any other provision of this Section, no use may be made of land or water within any zone established by this subchapter in such a manner as to create electrical interference with navigation signals or radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and others; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards; or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport, or which in any way compromises public safety. G. Non-Conforming Uses 1. The regulations prescribed by this Section shall not be construed to require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date of this Section, or otherwise interfere with the continuance of a non-conforming use. Nothing contained in this Section shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Section and is diligently prosecuted. 2. Notwithstanding the preceding provisions of this Section, the owner of any existing nonconforming structure may be required to install, operate and maintain thereon such markers and lights as may be deemed necessary Page 411 by the aviation authority having jurisdiction to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. H. Special Use Permit 1. Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would exceed the limitations of this Section may apply to the Planning Commission for a Special Use Permit. The Special Use Permit application shall be processed in accordance with the Special Use Permit procedures set forth in LVMC 19.16.110, except that: a. The applicant shall notify the FAA regional office and the Clark County Department of Aviation of the application prior to the time of submission; and b. Any approval by the Planning Commission must be referred automatically to the City Council for final disposition. 2. Notwithstanding the preceding provisions of this Section, no Special Use Permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this Section or any amendment thereto. Page 412 19.10.090 CD-O Designed Commercial Overlay District Figure 1 - Designed Commercial Overlay District Maps A. Intent or Purpose The purpose of the CD-O Designed Commercial Overlay District is to provide standards for the development of a select type of light commercial uses which will be in harmony with the neighborhood in which the development is located. This is intended to overlay a standard commercial Zoning District in areas where it is necessary to preserve and maintain the character of surrounding land uses with less intense commercial development. B. Development Standards Unless otherwise approved by the City Council in a Site Development Plan, building heights in the Designed Commercial Overlay District shall not exceed: 1. One story or 20 feet, whichever is less, for parcels that front Charleston Boulevard between Rancho Drive and Valley View Boulevard; 2. Two stories or 35 feet, whichever is less, for all other parcels. 3. In addition to the standards listed above, lot coverage shall not exceed more than 30% and rear setbacks shall not be less than 25 feet. C. Uses In addition to any applicable standards that may exist for a particular use, uses within the CD-O District shall also conform to the standards referenced in LVMC 19.12.080. Maps are representative of where the CD-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the CD-O (Designed Commercial Overlay) District. Page 413 19.10.100 DC-O Downtown Casino Overlay District Figure 1 - Downtown Casino Overlay District Maps A. Boundaries There is hereby created the Downtown Casino Overlay District, whose boundaries are depicted in Figure 1. Within the Downtown Casino Overlay District (referred to in this Section as the "District"), a sub-district is created, to be referred to as the Special Signage Sub- district (or the "Sub-District"), whose boundaries are also depicted in the map that appears in Figure 2. B. Special Sign Standards-Background The area encompassed by the Downtown Casino Overlay District contributes greatly to the international identity, historical significance, and economic welfare of the City of Las Vegas. One of the key characteristics of this area virtually since its inception is the prominence of neon and illuminated signage, especially within the area encompassed by the Sub-district. Recognizing the unique role of such signage in this context, it is important to provide sign standards that apply only within this District, in order to ensure that future sign development is consistent with the appearance of established signage themes within this District and generates excitement and positive visual interest. The sign standards that follow initially will apply only to property within the Sub-district, with the possibility of expanded application in the future. The sign standards that follow have been developed to promote the general health, safety and welfare of the citizens and visitors, to maintain and enhance the historic Fremont Street sign character, and specifically to address the following issues: Maps are representative of where the DC-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the DC-O (Downtown Casino Overlay) District. Page 414 Figure 2 - Special Signage Subdistrict 1. Encourage displays of signage to enhance the District as a nationally recognized place - Although Las Vegas is nationally and internationally renowned for its role as the world's gaming capital, possibly the most visible symbol of this role is the exuberant and abundant signage of its casinos and related businesses. The continued development of more and better signage will continue to enhance this role. 2. Preserve the tradition of neon art made famous by the casinos of Fremont Street - Of all the types of signage in Las Vegas, neon signage figures most prominently in the history of the City and generates the greatest affection of both visitors and local residents. It is important that not only new signage continue this tradition of neon art, but also that the remaining and salvaged neon signs be refurbished, preserved and displayed in proximity to the Fremont Street Experience and surrounding area. Maintaining and preserving the history of "Glitter Gulch," which is unique to Las Vegas, is vital to the ongoing sense of community and pride for the City. There will, therefore, be a general expectation that future signage development within the area around the Fremont Street Experience will contribute to the sense of the area as a special place. Map is representative of where the DC-O District "Special Signage Sub-district" is located, along with the associated 125-foot buffer area. 3. Celebrate the best of the sign makers' art - The neon and animated signage displayed within the District represents some of the most complex signage ever produced, and is the state of the sign makers' art at this point in time. It is important that this District continue to provide a forum for cutting-edge signage and displays, particularly in neon and animated forms, which will support and bolster the reputation of Las Vegas in these areas. 4. Strengthen the standing of the District as an integral and essential component of Downtown Las Vegas - The development of additional signage, particularly in relation to existing, new and future development along the Fremont Street corridor, can enhance the visually exciting character of the existing signage along Fremont Street, including the spectacular canopy shows, if it is illuminated, animated, or neon in character. 5. Preserve, protect and enhance the historic character of the District - Many of the historically significant signs and displays incorporate distinct and readily identifiable images, such as the famous "Vegas Vic" neon sign. It is important that the future advertising within this area consider the use of iconic images or three-dimensional representations that can be compatible with the established historical context of the District. 6. Improve the quality and appearance of new development within the District - Advertising signage, particularly that involving the use of neon displays or animated features, can be an excellent way of attracting attention in a positive way to new development within the District. Whereas some areas can be spoiled through signage, the established character of this District, much like Times Square in New York City, can only benefit through enhanced signage on new development and older buildings, provided that new signage is compatible with established, existing signage in the area. 7. Provide freedom of architectural and artistic expression within the District - One of the hallmarks of casino development in Las Vegas has been the flexibility with which a variety of architectural styles and features have been blended to create a unique urban form. It is important that signage can also be freely designed to create visual interest that matches and supports the architectural interest of the buildings themselves. Page 415 8. Encourage the redevelopment of the area - In order for properties within the District to compete successfully in the regional Las Vegas casino environment, it is vital that redevelopment of vacant or underutilized sites be encouraged by all available means. Although such expansion may include new casino development, redevelopment can also mean other forms of new development, such as retail and freestanding entertainment venues, including new signage that creates a visually exciting and vibrant atmosphere within the District. C. Special Sign Standards 1. Signs on parcels within the Sub-district are exempt from the sign regulations contained in this Title to the extent that those regulations are inconsistent with the provisions of this Section. However, signs on parcels within the Sub-district that are also within the boundaries of the SB-O Las Vegas Boulevard Scenic Byway Overlay District are subject to the standards contained in LVMC 19.10.160. Provisions of this Title related to signage that are not inconsistent with the provisions of this Section shall continue to apply to signs within the District. Such provisions of this Title related to signage may be applied by the Director or be made applicable as part of the review and approval process set forth in this Section. 2. Any sign existing in the District as of January 2, 2002 that conforms to the provisions of this Title related to signage or has been allowed to continue under nonconforming status may continue under the provisions of this Section as long as a current permit is maintained, the sign is structurally sound and in good working order, and the sign does not create a public nuisance or otherwise violate any ordinance, regulation or statute. Except as otherwise provided by ordinance, any such sign shall not be subject to removal or modification by reason of any amendment to this Title. 3. The sign standards contained in this Section shall: a. Be interpreted and applied with reference to the background provisions set forth in Subsection (B) above; b. Apply to all property, development, expansion and renovation within the Sub-district except property located within or directly abutting the boundaries of the Pedestrian Mall, as described in LVMC Chapter 11.68; and c. Apply to any building facade within 75 feet of the centerline of the streets that border the Sub-district (referred to hereafter as the "buffer area."). (See "F" of Figure 3) 4. The development, construction, expansion, or renovation of freestanding signs within the Sub-district is prohibited, except signs that: a. Belong to or are within the Neon Museum collection; b. Have been declared by the Las Vegas Historic Preservation Commission to be "historic" or "contributing"; or c. Are components of a way finding system or identity program for the Sub-district. 5. Each wall-mounted sign within the Sub-district shall be a minimum of 10 feet vertically above the height of the finished sidewalk along public rights-of-way and public pedestrian pathways. (See "J" of Figure 3) On-premise signs that do not exceed 65 square feet in size are exempt from this requirement, provided that there is a separation between such signs of at least 50 linear feet along the right-of-way or pathway. (See "E" of Figure 3) Page 416 Figure 3 - Special Sign Standards 19.10.100(C) Table 1. Special Sign Standards Illustration Key (see Figure 3) 19.10.100(C) A. Roof Sign F. 75-foot Buffer Area B. Wall Sign G. Sub-district Boarder Street C. Projecting Sign H. Non-buffer Area D. Marquee Sign I. Eligible Wall Sign Area E. Storefront Wall Sign J. Minimum Sign Clearance (Ord. 6207 § 4, 08/15/12) 6. Except with respect to supergraphic signage that is permitted in accordance with LVMC 19.08.120(H), all new signage located within the Sub-district shall incorporate exposed neon, LED, animation, or any combination thereof, in at least 50% of the total surface area of such signage, excluding awning signs. 7. Individual sign surface areas shall not exceed a total of 1,500 square feet. Page 417 Figure 4 - Maximum Eligible Wall Coverage 8. For any one wall, the maximum wall coverage for the composite total of all sign surface areas shall not exceed 50% of the eligible wall signage area, as depicted in Figure 4. This limitation does not apply to roof signs located above the roofline of the building facade nor to transparent supergraphic signage. 9. The minimum separation distance between off-premise signs shall be five feet. 10. The total sign surface area of each wall mounted, roof mounted, or parapet mounted sign shall not exceed 1,500 square feet, and no such sign shall extend vertically more than 20 feet above the height of the parapet. 11. Animated signs must be fully operational and continuously animated 24 hours a day. Changes to the image or other animation feature must occur no less frequently than every 30 seconds, except when required maintenance or change of message dictates otherwise. The city does not encourage the encroachment of signage into public rights-of-way. Where all necessary approvals have been received, signs may not encroach into any public right-of-way, or any intersection more than 8 feet. 12. Each off-premise sign with at least two rotating or changing messages, images or contents, must change at least once every 30 seconds, and the sign must be framed by a decorative faceplate or frame that is at least 18 inches in width and that includes at least one band of illuminated neon tubing completely surrounding the sign. 13. At least 75% of off-premise signs are encouraged to be used to advertise places, products, goods, services, idea or statements whose subject is available or located within the District. Figure 5 - Signage Projection (Top Down View) 14. All signs must be fully illuminated from at least one hour before dusk until one hour after dawn. Signs may be fully illuminated during daylight hours also. 15. Signs may not encroach into any public right-of-way, or any intersection more than eight feet perpendicular to the building wall to which the sign is attached. (See Figure 5) Marquee signage along Fourth Street is exempt from this limitation. The City does not encourage encroachment of signage into public rights- of-way, and the applicant or sign owner must obtain all necessary encroachment approvals before the installation of any sign. 16. The owner and operator of each sign is responsible for ensuring that appropriate sign maintenance occurs and that repairs of damaged signs are accomplished promptly. (Ord. 6207 § 2, 08/15/12) (Ord. 6250 §2, 05/01/13) The city does not encourage the encroachment of signage into public rights-of-way. Where all necessary approvals have been received, signs may not encroach into any public right-of-way, or any intersection more than 8 feet. D. Special Sign Standards-Review and Approval Procedures Page 418 1. Downtown Design Review Committee. There is hereby created a Downtown Design Review Committee (DDRC) for the review of signs proposed to be located within the District. The DDRC shall be composed of: a. Two members of the Planning Commission appointed by the Commission; b. One representative of the Department designated by the Director; c. One representative of the City's Department of Economic and Urban Development, designated by its Director; and d. Three owners of businesses located within the Downtown Las Vegas Overlay District, as appointed by the Mayor. Except as otherwise provided in Paragraph (2) below, the DDRC shall have the authority to review and approve application for all signs, subject to the provisions of this Section. Members shall serve three-year terms and may be reappointed. As referred to in, and contemplated by, the provisions of LVMC 19.10.120 and 19.10.160, the DDRC also reviews signs proposed to be located within the DE-O Downtown Entertainment Overlay District and the SB-O Las Vegas Boulevard Scenic Byway Overlay District, respectively. 2. Administrative Review. Except where a deviation from applicable standards is requested, an application submitted pursuant to Paragraph (3) below for the review of signage under this Subsection (D) may be reviewed administratively by the Director (the term "Director" including, for purposes of this Subsection, the Director's designee). The Director may approve, approve with conditions, or deny the application. a. The Director shall provide written notice of the decision, which shall include the reasons for the decision and, if the decision is to approve the design of the sign, any modifications, conditions or limitations that the Director may impose. The notice shall be provided to the applicant or the applicant's agent. An administrative approval of the design of a sign does not constitute the approval of a permit. The applicant will be responsible for obtaining all necessary permits from the City prior to beginning any work related to the design review approval. b. All applications submitted under this Subsection (D) that are determined not to be eligible for administrative review under this Paragraph (2) will be forwarded to the DDRC as provided for in Paragraph (3) below. 3. Application Process. Sign applications shall be submitted to the Department in accordance with the same procedures set forth in LVMC 19.16.270 for Master Sign Plan applications. The Department shall forward to the DDRC for review and action each application that is determined no to be eligible for administrative review under Paragraph (2) above. The DDRC shall review the application and shall approve, approve with conditions, or deny the application. 4. Design Review Provisions. The following design review procedures shall apply: a. The DDRC or Director, as applicable, may approve a sign application for single or multiple uses upon a determination that each sign is compatible with the theme and overall character to be achieved in the area. The DDRC or Director shall base the assessment of compatibility on the following criteria: i. The application's compliance with the standards identified in this Section. ii. The relationship of the scale and placement of the sign to the building or premises upon which it is to be displayed. iii. The relationship of colors of the sign to the colors of adjacent buildings and nearby street graphics. iv. The similarity or dissimilarity of a sign's size and shape to the size and shape of other signs in the area. v. The similarity or dissimilarity of the style of lettering on the sign to the style of lettering of nearby street graphics. vi. The compatibility of the type of illumination, if any, with the type of illumination in the area. vii. The compatibility of the materials used in the construction of the sign with the material used in the construction of other signs in the area. Page 419 viii. The aesthetic and architectural compatibility of the proposed sign with the building upon which the sign is suspended, including its signage, and with the surrounding buildings and their signage. ix. The sign's use of high quality, durable materials such as hardwoods, painted wood, metal, stainless steel, painted steel, brass or glass. b. Applications for design review by the DDRC shall be processed as follows: i. Applications shall be forwarded to the DDRC by the Department at least one week prior to the regularly scheduled DDRC meeting. ii. Approval or denial of an application by the DDRC shall be made in writing with reasons for approval, denial, or approval with conditions, within three days following each DDRC meeting. In the event written notification of the action is not provided within that period, the application shall be deemed to have been denied. Decisions of the DDRC may be appealed to the City Council in accordance with the provisions of Paragraph (6) below. 5. Waivers. The DDRC is authorized to waive any of the sign standards set forth in Subsection (C), other than the prohibitions contained in Paragraph (4) thereof, if: a. The applicant establishes that a waiver is warranted based upon conditions specific to the parcel; and b. The DDRC determines that the waiver: i. Will not compromise the design objectives of the sign standards; and ii. Will further the City's redevelopment efforts. 6. Appeals. a. An applicant is aggrieved by the Director's decision, including any condition attached to the approval of an application, may appeal the decision to the DDRC by written request within 10 days after the date of decision by the Director. The appeal must be filed with the Department. The appeal hearing shall be scheduled as soon as is reasonably possible, and appropriate notice of the hearing shall be provided. The DDRC may affirm, reverse or modify the Director's decision. Notice of the DDRC's decision shall be provided to the applicant or the applicant's agent. b. The applicant may appeal a decision of the DDRC to the City Council. An appeal must be in written form and must be filed in the office of the City Clerk, with a copy to be filed in the office of the Department. The appeal must be filed within 10 days after notification of the administrative decision has been given (or within 10 days after the deadline for notification has passed), and shall specifically describe the decision at issue and the basis for the appeal. The appeal shall be considered on the next available agenda of the City Council. 7. Rules and Regulations. The DDRC shall have the authority to adopt rules and regulations concerning its administrative procedures. 8. Exceptions. Notwithstanding the provisions of this Subsection (D), supergraphic signage within the DC-O District is exempt from the review by the DDRC. (Ord. 6207 § 3, 08/15/12) (Ord. 6250 §3, 05/01/13) (Ord. 6608 § 5, 12/06/17) Page 420 19.10.110 DTLV-O Downtown Las Vegas Overlay District Figure 1 - Downtown Las VegasOverlay District Maps A. Intent The intent of the DowntownLas Vegas Overlay District is to establish special development standards for development within the City's established urban core. The boundaries of the District are described in the Downtown Las Vegas Overlay District Map (see Figure 1), as the boundaries may be amended from time to time. B. Development Standards Development within the Downtown Las Vegas Overlay District shall conform to the development standards set forth in the document entitled "Interim Downtown Las Vegas Development Standards" (the "Development Standards"). Those Development Standards are adopted and incorporated by this reference, and shall appear as Appendix F to this Title. In addition, development within the boundaries of any sub- districts within the Downtown Las Vegas Overlay District shall conform to applicable Development Standards that have been adopted for that sub-district. As and when such Development Standards for sub-districts are adopted, they shall be deemed to be incorporated into this Subsection by this reference. Copies of all Development Standards adopted by the City Council (whether published separately or not) shall be on file in the Office of the City Clerk and in the Department. The Development Standards are mandatory and shall apply to any property and zoning category within the District, and any Development Standards adopted for any sub-district are mandatory and shall apply to any property and zoning category within the sub-district to which they pertain. Development Standards referred to in this subsection may be amended from time to time by ordinance or by resolution of the City Council. If the City Council adopts more restrictive design standards for one or more additional sub-districts within the Downtown Las Vegas Overlay District, those more restrictive standards shall apply to the sub-district to which they pertain. C. Special Provisions In order to encourage the development of a complex, visually interesting and urbane walkable mixed-use environment, and to encourage transit-oriented development as future transit routes and stations develop within the Downtown area, properties Maps are representative of where the DTLV-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the DTLV-O (Downtown Las Vegas Overlay) District. Page 421 within Area 1 of the Downtown Las Vegas Overlay District, as shown in Figure 2 of the Development Standards adopted in LVMC 19.10.110(B), are exempt from the automatic application of the mandatory maximum building height, required building setback, maximum lot coverage, residential adjacency, standard landscaping requirements, and standard parking requirements in this Title. However, the exemption does not prohibit City staff, the Planning Commission, and the City Council from imposing limitations on the approval of a Site Development Plan. Site Development Plan applications within such Area 1 of the Downtown Las Vegas Overlay District shall be evaluated on a case-by-case basis to determine the extent to which those standards shall be required. (Ord. 6608 § 6-10, 12/06/17) (Ord. 6649 § 6, 10/17/18) Page 422 19.10.120 DE-O Downtown Entertainment Overlay District Figure 1 - Downtown Entertainment Overlay District Maps A. Establishment of the District There is hereby created the Downtown Entertainment Overlay District (the "District"), consisting of that area of the City bounded by Ogden Avenue on the north, Carson Avenue on the south, Las Vegas Boulevard on the west and 8th Street on the east. The boundaries are depicted in Figure 1. B. Intent of District The creation of the District is intended to further the City's downtown redevelopment plans in the spirit of restoring downtown Las Vegas as a dynamic, vibrant center for the entire Las Vegas Valley. Creation of the District is also intended to: 1. Create a safe and secure environment; 2. Eliminate urban blight; 3. Revitalize surrounding neighborhoods; 4. Foster economic development opportunities and expand free enterprise; 5. Eliminate criminal activities; 6. Make the Fremont East area a community of choice for business and citizens; 7. Adjust the zoning and licensing restrictions to encourage non-gaming blues and jazz nightclubs, comedy clubs, and other musical entertainment venues; 8. Leverage the popularity of the nearby Neonopolis and Fremont Street Experience attractions with the proposed physical proximity of the new district; 9. Encourage and facilitate the creation of an improvement district for a commercial area vitalization project for the District. C. Separation Requirements for Liquor Establishments For any liquor establishment (tavern), supper clubs, restaurant service bar, or other liquor-serving establishment that is approved by means of Special Use Permit for a parcel located within the District, the distance separation requirements set forth in LVMC Chapter 19.12 shall not apply. The Special Use Permit approval may include conditions designed to mitigate any impacts related to distance separation. Maps are representative of where the DE-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the DE-O (Downtown Entertainment Overlay) District. D. Parking Requirements Page 423 For any banquet facility, restaurant, café, tavern, bar, supper club, billiard parlor, nightclub/discotheque, general retail store or video arcade that is approved by means of Special Use Permit or otherwise for a parcel located within the District, the on-site parking requirements set forth in this Title shall not apply. The Special Use Permit or other approval may include conditions designed to mitigate any impacts related to parking. E. Signage Standards Except as otherwise provided in LVMC 19.10.160(C)(2) with respect to properties located within the SB-O Las Vegas Boulevard Scenic Byway Overlay District, and except with respect to supergraphic signage that is permitted in accordance with LVMC 19.08.120(H), all new signage shall incorporate exposed neon, LED, animation, or any combination thereof, in at least 50% of the total surface area of such signage. (Ord. 6207 § 5, 08/15/12) (Ord. 6250 §4, 05/01/13) F. Review and Approval Procedures (General) Except as otherwise provided in this Subsection (F), any application for development within the Downtown Entertainment Overlay District shall be processed in accordance with the normal review and approval processes set forth in LVMC Chapter 19.16. Any application for new signage shall be processed in accordance with the procedures described in Subsection (D) of LVMC 19.10.100. The provisions of LVMC 19.10.100(D)(8) shall apply to supergraphic signage within the DE-O District. (Ord. 6250 §5, 05/01/13) G. Special Use Permits for Tavern-Limited Establishment 1. A Special Use Permit for a tavern-limited establishment shall be processed in accordance with the Special Use Permit provisions of LVMC 19.16.110. A Special Use Permit for this use may be approved if it meets the Special Use Permit criteria generally, the criteria for a tavern-limited establishment, and the criteria set forth in this Subsection (G). 2. The approval of a Special Use Permit for a tavern-limited establishment may include such conditions as may be recommended by City staff and the Planning Commission, and imposed by the City Council. H. Relationship to Other Provisions All provisions of this Title shall apply to property within the District except to the extent that they conflict with the provision of this Section. Page 424 19.10.130 G-O Gaming Enterprise Overlay District Figure 1 - Gaming Enterprise Overlay District Maps A. Intent The intent of the Gaming Enterprise Overlay District is to reflect the implementation of the provisions of LVMC Chapter 6.40 and State law that pertain to gaming enterprise districts. The boundaries of the Gaming Enterprise Overlay District are as set forth in the map or maps established under LVMC Chapter 6.40. B. Change of Boundaries Any change to the boundaries of the Gaming Enterprise Overlay District shall be in accordance with the rezoning procedures established in LVMC 19.16.090, as well as the requirements of State law and LVMC 6.40.160. C. Height Standard Exemption All licensed gaming establishments within the Gaming Enterprise Overlay District are exempted from the automatic application of any height limitations specified in LVMC Chapter 19.08 . However, the exemption does not prohibit the City Council from imposing a similar or equivalent height limitation in connection with the approval of a site development plan. Maps are representative of where the G-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the G-O (Gaming Enterprise Overlay) District. Page 425 19.10.140 HS-O Hillside Overlay District A. Introduction The west boundary of the City of Las Vegas abuts the Spring Mountain Range. A significant portion of the area along this boundary is designated as national conservation and wilderness area. Eventually the foothills leading up to this area will be affected by development and will require special consideration and a development style that will provide for the unique situations which result from the slope of the land. Figure 1 - Hillside Development District Map B. Adoption, Purpose and Intent 1. The purposes of this Section are to: a. Adopt criteria for the development of properties within hillside areas, which are defined as any portion of land with a vertical slope of fifteen percent or greater; and b. Ensure that development in hillside areas is in compliance with the goals, policies, and implementing strategies of the Las Vegas 2020 Master Plan, namely, Policy 3.5.3, which provides as follows: Policy 3.5.3: That, where possible, development be designed and oriented to ensure that view sheds of the mountain ranges surrounding the Las Vegas Valley are preserved, possibly through the development of a foothills ordinance or a set of specific urban design guidelines. 2. This Section: a. Shall apply to development with natural slopes of fifteen percent or more; b. Is intended to encourage and guide low density, rural type, large lot or cluster, single family residential development that is designed to be compatible with the hillside terrain and its environment; and c. Is intended to guide the design of development to work with the land, rather than to alter the land to accommodate the development. Map is representative of where the HS-O District is located. See the specific requirements listed in this Section for the location and site conditions that qualify properties to fall within the HS-O (Hillside Development Overlay) District. 3. In general, all development in hillside areas shall be designed with the following considerations: a. Protect and conserve significant natural and visual resources, including major boulder outcrops, major ridges and peaks, prime wildlife habitat, and unique vegetation specimens; b. Protect people and property from potentially hazardous conditions that are particular to mountains and hillside areas, including rock falls, other unstable slopes, flooding, subsidence, erosion and sedimentation, range fires, soils with high shrink swell capacity, foundation instability, and air pollution; c. Protect water quality, air quality, and other resources, such as soil and natural vegetation, from incompatible land uses; d. Minimize the public costs of providing public services and facilities such as streets, water, sewer, emergency services, sanitation services, parks and recreation; Page 426 e. Ensure that decisions regarding development in hillside areas are based on complete and accurate information about the environmental conditions and probable development impacts; f. Minimize the impacts of development by controlling the location, intensity, pattern, design, construction techniques, and materials of development and construction; g. Maintain significant open spaces that provide view corridors and land use buffers, and maintain the City's unique desert setting; h. Protect landmarks, prime wash area habitats, and environmentally sensitive lands, while also recognizing the legitimate expectations of property owners and the City's overall economic goals; i. Encourage innovative planning, design, and construction techniques for development in environmentally sensitive areas; and j. Minimize grading and site disturbance to maximize compatibility with the natural terrain. C. Standards and Guidelines Development plans must demonstrate compliance with this Section. However, there is flexibility in the degree to which a requirement of this Section may be addressed by a development plan and the method used to comply. An applicant who believes that a particular standard does not or should not apply to the applicant's project has the burden to demonstrate why not, and to provide a solution that will meet the intent of the goals and objectives of this Section. 1. Density a. The maximum density for a proposed development shall be that permitted by the adopted plan for the area in which the proposed development is located. Where no specific plan for that area has been adopted, the maximum density shall be that established by the land use element of the General Plan. b. The maximum recommended density within hillside development is two units per acre. Large lot development is encouraged. Nonresidential development other than public facilities is discouraged. c. One hundred percent site disturbance may occur on areas of a lot or parcel with a slope of less than fifteen percent. Sites with a slope of fifteen percent or greater are subject to the allowable maximum percentage of site disturbance as set forth below: Slope Maximum Site Disturbance Minimum Undisturbed Area of Site 15% to 25% 50% 50% Over 25% 35% 65% d. Density and site disturbance may be transferred from portions of a lot or parcel with a slope of fifteen percent or greater to any other portion of the lot, parcel or development site. The portions of the lot or parcel from which density and site disturbance are transferred shall be designated as natural areas. The gross density of the parcel(s) to which density is transferred shall not exceed that allowed by the zoning of the property. 2. Site Design (See Figures 2, 3 and 4) a. Structures shall be sited in a manner that will fit into the hillside's contour and relate to the form of the terrain. This may be done through a variety of methods, such as varying setbacks and structure heights; the use of innovative building techniques (e.g., earth shelter or earth berm construction); and retaining walls. b. Site design should take into account the need to do the following, while maintaining the natural character of a hillside area: i. Preserve vistas of natural hillside areas and ridgelines from "key vantage points"; ii. Preserve views from existing development; and iii. Allow new dwellings access to views similar to those enjoyed from existing dwellings. Page 427 c. Site design should allow for different lot shapes and sizes, as well as split development pads, with the prime determinant being the natural terrain. Figure 2 - Site Design - Terrain-Adaptive Architecture 19.10.140(C) Figure 3 - Site Design - Vehicular Access Develop terrain-adaptive architecture for steep slopes. On steeply sloping sites, the proposed building should step down the hillside. Side garage access requires less site disturbance Figure 4 - Site Design - Minimal Grade/Site Disturbance 19.10.140(C) Do this Don't do this Set into hillside/backfilled High retaining walls, crested flat pad Page 428 Figure 5 Grading 19.10.140(C) Not Encouraged Encouraged Landform Grading Unnatural cut slope edge Round off cut edges to natural grade Engineered slope banks look forced and unnatural Variety in slope bank gradients creates a more natural appearance Typical brow ditch with A.C. or concrete liner Use native rocks to naturalize manmade brow ditch Site Grading 3. Grading, Slope Stabilization, Drainage Design Disturbance to the natural landform should be minimized, should not destroy visual quality and community character, and should not create conditions that result in flooding or erosion. Grading design should address both safety and aesthetics, incorporating the following requirements and guidelines: a. Portions of a site or lot that are to be graded must be clearly shown on the grading plan. b. Landform or contour measures should be utilized to produce cut and fill slopes that are compatible with existing land character. Continuous unbroken slope surfaces that are visible from off the site are discouraged. c. Berms at top of slopes and other locations should be used to screen, vary profile, and insure drainage away from slopes. d. Where any cut or fill slope exceeds ten feet in horizontal length, the horizontal contours of the slope shall be developed to appear similar to the existing natural contours. (See Figure 5) e. Grading should be balanced on site whenever possible to avoid excessive cut and fill, and to avoid the unnecessary import or export of earth material. f. No grubbing, grading or clearing shall occur prior to the approval of civil improvement plans and final grading plans by the Director of Public Works and the issuance of a grading permit. Grubbing, grading, clearing and stockpiling are only to occur in areas identified for those activities on the approved grading plan. g. All portions of the site or lot that are to be left ungraded are to remain undisturbed, and are not to be used for stockpiling of materials or excess fill. h. Areas on a site that are designated as natural areas shall be temporarily fenced, or a barrier placed where they abut construction areas, in order to prevent any disturbance of the natural area. i. Disturbed areas shall be restored as close as possible to their natural condition by using eonite, permeon, or a similar approved process designed to restore natural color to the landscape. Level pads with filled natural swales and straight unbroken contours Varying pad elevations with berms where appropriate, natural swales and varying contours undulating banks j. Sides of roadways and driveways that are disturbed shall be revegetated, revarnished, or both. k. Cut or fill design on slopes that encroach into a floodplain must be approved by the Director and the Director of Public Works concurrent with final grading plan approval. l. Pad elevations above street level shall be varied to avoid the appearance associated with monotonous, flat, level pads. m. Unless addressed by means of a retaining wall, slopes that are steeper than thirty three percent, and slopes Page 429 for which such stabilization is recommended or required by a geotechnical report, shall be stabilized with properly engineered stone rip rapping, sculptured rock or other similar material as follows: i. Stabilizing material shall blend with the natural appearance of the site or lot and its surrounding terrain. ii. Vegetation retention and revegetation shall be used in conjunction with rip rapping. iii. All site revegetation and varnishing shall be completed within ninety days after completion of work or prior to issuance of a final inspection approval, whichever occurs first. n. Project designs shall be in accordance with the Clark County Regional Flood Control District Hydrologic Criteria and Drainage Design Manual, and shall maintain natural runoff characteristics where at all possible. 4. Architecture/Building Design Dwellings built within hillside areas shall conform to the following: a. Reflective building materials (i.e. mirror finishes or metal roofs) are not permitted unless treated to eliminate glare. b. Limited slab-on-grade, with staggered floor elevations, shall be utilized to avoid massive building forms, excessive cuts and fill, and surfaces which contrast with the surrounding terrain. c. All external mechanical equipment shall be screened, and required vents shall be architecturally compatible with the structure. Figure 6 - Maximum Building Height 19.10.140 d. Building architecture should have predominant horizontal features. Vertical features should be minimized and generally used to accentuate entryways, garages, main doors and any type of vertical embellishment. e. No portion of a structure shall exceed a height of two stories or thirty five feet, and a minimum of twenty feet of the structure must be lower than the elevation of the primary ridgeline. (See Figure 6) f. Dwellings shall use wall articulation (e.g., insets, pop outs, etc.) and roof orientation as a means to prevent a massive look. Figure 7 - Rooflines and Elements Reflect Ridgeline Silhouettes 19.10.140 g. Rooflines and elements shall reflect the naturally occurring ridgeline silhouettes and topographical variation in order to blend with the hillside. (See Figure 7) h. Building materials and colors shall be compatible with the natural setting. Whenever possible, exterior colors shall be limited to earthtones that are found in nearby natural vegetation or soil, that come from natural sources (e.g., rock, stone, wood), or that resemble a natural appearance. Roof forms are kept small and reflect the surrounding topography Page 430 Figure 8- Clustered Development 19.10.140 Non-Clustered Development (Not Encouraged) Clustered Development (Encouraged) used here to preserve natural site features 5. Clustered Development Clustered development is encouraged as a means of preserving the natural appearance of the hillside and maximizing the amount of open space. Under this concept, dwelling units are grouped in the more level portions of the site, while steeper areas are preserved in a natural state. Clustering can enhance the environmental sensitivity of a development project, and facilitate the permanent protection of key features of the natural environment, such as biological habitats, open space areas, scenic areas, ridgelines, and steep slopes. (See Figure 8) Also, it is often more feasible to provide the needed infrastructure for a cluster development, since clustering results in shorter roads and water, sewer, and utility lines. Clustering does not allow an increase in the overall density of an area beyond that which is otherwise permitted by the General Plan. a. Clustered dwelling units shall be placed in a staggered or stepped manner so their visual impact is lessened. b. Clustered subdivisions shall be sited so they do not have a dominant presence within the hillside. c. The location of clustered units shall be restricted to the flatter portions of a site, unless another location better minimizes impacts as relates to public safety, visual impact or environmental issues. d. Clustered development must preserve open space in its undeveloped form. Appropriate documents must be recorded to ensure the preservation of the open space areas in perpetuity. Open space areas shall be identified on the final subdivision map or parcel map as common lots. 6. Walls and Fences a. The height of walls shall be in accordance with this Title. Figure 9 - Walls and Fences - Blending with Topography 19.10.140 b. Walls shall conform to the topography of the site. (See Figure 9) c. Walls shall either incorporate the use of native materials or be earthtone colors to match the native soils and rocks. Walls and fences (other than retaining walls) should be made of natural materials (e.g., stone, wood, split rail) whenever possible and, at a minimum, shall be a color that blends with the surrounding environment. Where retaining walls front on or are visible from public streets or public vantage points, they shall be constructed of (or faced with) materials that are appropriate in color and texture to help visually blend the wall into the terrain. (See Figure 10) d. The use of retaining walls and retaining structures is encouraged when it significantly reduces site grading. Retaining walls blend with the natural topography Page 431 Figure 10 - Walls and Fences - Uses of Retaining Walls 19.10.140 Large, Unbroken Retaining Wall (Discouraged) Smaller, Broken Up Retaining Walls (Encouraged) e. Large retaining walls in a uniform plane should be avoided. Retaining walls should be broken up into elements and terraces, with landscaping used to screen them from view. (See Figure 10) f. Retaining structures shall be located so that they do not become a dominating visual feature. g. Tall retaining structures that are absolutely necessary should be located behind the dwelling so as to be screened from view. h. Whenever possible, the location of walls and fences (other than retaining walls) should be limited to areas within fifty feet of dwellings and accessory structures in order to limit their impact on hillside viewsheds. i. Solid walls and fences shall be prohibited within fifty vertical feet of a ridgeline in order to prevent impacts on wildlife corridors and maintain the natural area surrounding the ridgeline. j. Fences that have pointed vertical elements shall not be permitted. Use retaining walls and terraces to minimize cut and fill that would alter the perceived natural topography of the site. Screen retaining walls with plant materials or face them with rock 7. Landscaping Landscape improvements on the overall project site shall be integrated with the natural topography and existing or indigenous vegetation. Plant materials shall be used to mitigate development impacts on washes, slopes, and any other sensitive environmental features. a. The use of non native or competitive species that could threaten the native flora within the area is prohibited. b. Landscape design for all development shall consist of plant materials similar in form and scale to the existing vegetation in the area. c. Each natural area shall contain only those species that are indigenous to the native desert or mountain elevation and climate zone in which it exists. d. The interface between new development and natural open space shall be designed to provide a gradual transition from manufactured slopes into natural slopes. e. Landscaping (which is compatible with natural vegetation) shall be designed so that it extends out from developed areas and forms a cohesive pattern with existing natural vegetation, arranged in random, informal groupings. f. Landscaping along the slope side of development shall be designed to maintain controlled views from the residences, yet screen and soften the architecture from community vantage points. g. Trees and shrubs shall be arranged in informal, randomly spaced masses, and shall be placed selectively to reduce the scale of and help to blend manufactured slopes. h. Plant materials that are used to stabilize a graded slope shall blend with the surrounding native plant materials in color and texture to the greatest extent feasible. i. Landscaping shall be designed so as to avoid invasive species that could negatively impact indigenous plant species. Invasive species shall be identified through a recognized resource, such as a local Cooperative Weed Management Area. Page 432 8. Trails a. Each subdivision shall provide and maintain pedestrian access for trails that are identified in the City's Trail Master Plan and that are located within the subdivision, including subdivisions that are to be established as gated communities. b. A trail system that is designed to preserve habitat and ensure public safety shall be provided to link new development to existing trails within hillside areas. c. New subdivisions shall prepare a trails plan to link new residential areas to existing and planned trails in the City that are shown in the Trails Elements of the City's Master Plan, including hiking, equestrian and multi use trails. The subdivision's trails plan must be submitted to the City for review and approval. d. Once approved by the City, the trails identified in each subdivision's trails plan shall be constructed by the developer prior to the final inspection of residential units. Such trails shall be maintained as agreed to by the developer and the City. 9. Open Space/Natural Areas a. Portions of hillside areas will be retained in their natural state. b. Within areas designated as natural areas, site disturbance, other than for the construction of hiking trails, is not permitted. c. Any area designated as a natural area shall be shown on the tentative subdivision map with existing surveyed topographical information, and the area itself shall be identified with horizontal control data on the final subdivision map or parcel map. d. Any area designated as a natural area may be designated as a separate parcel or as a deed restricted portion of a parcel. If designated as a separate parcel, such parcel: i. May be under the ownership of a owners' association or may be deeded to any organization which accepts responsibility for the perpetual preservation and maintenance of the natural area, subject to approval and acceptance by the Director and the Director of Public Works; and ii. Shall be mapped as a common lot in order to help protect natural areas. 10. Circulation/Roadways a. All public or private roadways shall be designed according to the standards of this Section, the Master Plan of Streets and Highways (if applicable), the Municipal Code, current City Standards and, if required, an approved traffic study. These standards are intended to supplement the Department of Public Works' Review Guidelines. Streets in hillside areas should be constructed in areas that would have the least impact on the natural environment. b. The following elements of road and sidewalk circulation shall be incorporated in hillside area developments: i. Roadway design which generally follows existing contours, thereby minimizing grading and resulting in an informal, curving internal network; ii. The provision of two major points of access to principal roads in developments exceeding one hundred fifty units or when required by the Department of Fire and Rescue in order to minimize fire hazards; Page 433 Figure 11- Roadway Maximum Slope Comparison 19.10.140 iii. Roadways with a maximum slope of seven percent. See Figure 11 for illustration of a seven percent slope in comparison to other slopes; iv. Preservation of existing trees and natural features by dividing or routing roads and sidewalks around these elements; v. Provision of safe, convenient pedestrian access to schools, parks and other recreational facilities; vi. Combinations of collective private driveways, cluster parking areas and off street parking bays, which are encouraged in order to minimize paved areas; vii. The location of all utilities underground in a common trench in the parkway or under the sidewalk; viii. Rolled curbs as the preferred road edge along any paved roads, where such curbing will be adequate to contain drainage and prevent erosion; ix. Roadway improvements that do not adversely affect other properties or create the need for extensive grading, flood control facilities, or other types of construction or support infrastructure; Source: Urban Planning and Design Criteria, Joseph Dechiara/Lee Koppelman 3rd edition, 1982 Figure 12 - Streets Align to Natural Contours x. Roadways that meet the requirements of the Department of Fire and Rescue, including roadway grades and curves to accommodate safety and emergency vehicles; xi. Streets that follow the natural contours of the hillside to minimize cut and fill; (See Figure 12) xii. Culs-de-sac or loop roads, which are encouraged where they are necessary to fit the terrain; xiii. The elimination of on street parking and sidewalks in order to reduce required grading, subject to approval thereof by the Planning Commission or City Council (or both) as a specific element of an approved Site Development Plan Review; Modulate manufactured slopes to appear natural xiv. The preferred use of driveways that serve more than one lot, as well as diagonal driveways running along contour lines, where: A) Such driveways will reduce the need for grading, paving, and site disturbance; B) Such driveways have been approved by the Department of Fire and Rescue; Page 434 C) Sight visibility restriction zones will be maintained in accordance with the most recent version of the guidelines of the American Association of Street and Highway Transportation Officials; and D) The maximum change in grade between driveway slope and the cross slope of roadways is twelve percent for local roadways, and ten percent for collector roadways; and xv. Street lighting that is limited to intersections and other locations where necessary in order to provide safe access or passage, as determined by the Director of Public Works. Facilities for other public street lighting will be stubbed out for later use, including all necessary underground conduit and pull boxes at each streetlight location, but the installation of the streetlights may be deferred provided that the developer provide to the City such streetlights for the future installation. Alternatively, monies in lieu of such deferred streetlights, including bases, may be contributed to the City if allowed by the Department of Public Works. D. Hillside Development Design Review 1. The objective of the Hillside Development Design Review under this Subsection (D) is to preserve significant natural features within hillside areas by encouraging design that minimizes disturbance to existing topographical forms. A development should be designed to fit into hillside areas rather than altering the earth forms to create a flatland type of development. 2. Project design should: a. Initially identify the existing geographic, topographic, and environmental features of the site (such as geological hazards, steep slopes, ridges, valleys, streams, views, existing drainage patterns, significant biota, and outcroppings); and b. Then determine the impact the proposed project will have on these elements. 3. Preparation of a site plan should be based upon a determination concerning how traffic circulation, fire protection and access, drainage, sound barriers, buffers, land alteration, and other measures will be employed to limit any negative impacts of the development. The final site plan should reflect how all of these impacts are successfully solved or mitigated. 4. Other elements that should be considered in a successful design and, where indicated, reflected in submittal documents are the following: a. Preservation of distinctive natural features, the general existing topographical forms, significant trees, landscaping, natural water courses and wildlife corridors, with data and aerial maps to be provided showing the location, type and nature of existing major vegetation, including significant clusters or contiguous areas of dense growth and existing vegetation to be preserved; Figure 13 - Preservation of Prominent Skyline Ridges b. Preservation of prominent skyline ridges, which must be shown by providing a graph or other visual analysis indicating rooftop in relation to ridgeline; (See Figure 13) c. The location of roads and structures below the skyline ridge, with a visual analysis to be provided indicating circulation related to existing contours; Houses do not project above significant ridgeline d. The location and construction of roadways, with drawings and explanations to be provided showing how roadways will be constructed in a manner compatible with the natural terrain and with scarring eliminated; e. Incorporation of hiking, biking, walking and equestrian trails, where appropriate; f. Variation in lot size, building placements, setbacks, and orientation; g. Variable changes in elevation and siting of buildings to ensure views and avoid monotony; Page 435 h. Preservation of steep hillsides by clustering buildings or use of other innovative approaches; i. Sensitivity to the project's appearance from lower or adjacent development; j. Placement of equipment and other unsightly forms below ridgelines and in bermed and landscaped areas. k. Dwelling design, with documentation to be provided indicating that significant effort has been made towards incorporating energy conservation and water saving techniques; l. Maintenance of natural drainage/water runoff characteristics where possible; m. The use of exterior lighting for buildings that is: i. Of a "cut off" type designed to ensure that excess light does not spill over; and ii. Of the lowest intensity feasible so as to be adequate for the purposes intended but not likely to attract undue attention. 5. Prior to the submittal of an application for Site Development Plan Review, a grading plan and drainage plan must be submitted to and approved by the Department of Public Works. The plans must clearly identify the topography of the land and how it relates to the development. Areas known or suspected to be hazardous, as determined by the Department of Public Works, shall not be disturbed without a geological survey, other data and tests, or a combination thereof, as required by the Department of Public Works. The submittal must include or be accompanied by a topographic map of the area proposed for development and shall show the location of, and distinguish, each of the following slope categories: a. Slope less than 15% b. Slope between 15% - 20% c. Slope between 20.01% - 25% d. Slope greater than 25% 6. A final grading plan must first be approved by the Director before Site Development Plan Review is considered by the Planning Commission. The Director's review shall coincide with staff review of the Site Development Plan and drainage study. 7. Site Development Plan Review for all hillside area development shall be processed as a public hearing item. In order to address the sensitive nature of hillside development, the final grading plan that was approved with the Drainage Study and by the Director shall be submitted with the design review applications. 8. The burden of proof is on the applicant to demonstrate that the proposed development: a. Is located and designed so as to protect the safety of residents and will not create significant threats to life or property by reason of the presence of hazards relating to geology, slope instability, flood, fire or erosion; b. Is compatible with the natural, biotic, cultural, scenic and open space resources of the area; c. Can be conveniently served by neighborhood shopping and provided essential public services without imposing significant costs on the total community; d. Is consistent with the objectives and policies of the General Plan; and e. Incorporates creative and imaginative design, resulting in a visual quality that will complement community character and benefit residents. 9. Any variance from or adjustment to any requirement set forth in this Subchapter may be obtained by means of a Variance application in accordance with LVMC 19.16.140. Page 436 19.10.150 HD-O Historic Designation Overlay District Figure 1 - Historic Designation Overlay District Map A. Findings The City Council of the City of Las Vegas finds and declares that the spirit and direction of the City of Las Vegas are founded upon and reflected in its historical past, and that the historic and cultural foundations of the City should be preserved as a living part of its community life and development in order to give a sense of identity and orientation to the people of the City. B. Purpose And Intent The intent of this Section is to promote the public welfare by providing protection for significant properties and archaeological sites which represent important aspects of the City's heritage; to enhance the character of the community by taking such properties and sites into account during development; and to assist owners in the preservation and restoration of their properties. This Section is intended to balance two competing interests: the value to the community of these significant properties and sites, and the rights of the property owners whose interests are at stake. The designation of any property, district or site pursuant to this Section shall be an overlay designation and shall not inhibit existing or potential uses permitted by this Title. C. Historic Preservation Commission - Established The Las Vegas Historic Preservation Commission (HPC) is hereby established. The principal role of the HPC is to act in an advisory capacity to the Planning Commission and the City Council in all matters concerning historic preservation. The HPC shall make recommendations to the Planning Commission regarding designation of Historic Landmarks, Districts, Sites Buildings, Structures and Objects. Other actions of the HPC as set forth below shall be final, with appeal to the City Council as described in Subsection (M) of this Section. D. Historic Preservation Commission - Membership The HPC shall consist of eleven voting members who are appointed by the City Council and two ex-officio members. 1. Each voting member must have a demonstrated interest in or knowledge of: a. The history of the City of Las Vegas; b. Design, architecture, real estate, archaeology and other matters relevant to judging the economic and Map is representative of where the HD-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the Page 437 cultural value of particular historic preservation activities. HD-O (Historic Designation Overlay) District. 2. The term of each voting member is four years. 3. Voting members may be reappointed. 4. Members serve at the pleasure of, and may be removed by, the City Council, including for failure to attend meetings regularly. 5. Members shall serve without compensation. E. Historic Preservation Commission - Qualifications The membership of the HPC shall be as follows: 1. One member must be experienced in architecture (such as an architect, art historian or historic preservation architect). 2. One member must be experienced in urban design or planning (such as an urban designer, planner or landscape architect). 3. One member must be experienced in building construction (such as a building contractor or structural engineer). 4. One member must be experienced in the real estate profession (such as a real estate developer, appraiser or broker). 5. One member must be representative of a recognized local historic preservation association or historic preservation interest group. 6. One member must be experienced in Nevada history (such as an historian or anthropologist). 7. One member must be experienced in the archaeological profession (such as an archaeologist). 8. Four members must be members at-large. When one or more areas have been designated as "Historic Districts" pursuant to this Section, one of the "at-large" positions shall pertain to each such Historic District. For any Historic District, the corresponding "at large" position shall be filled by a person who owns real property and resides within the Historic District, if a person so qualified is available to serve. If no such person is available, a person who owns real property within the Historic District may fill that position, if a person so qualified is available to serve. If no such person is available, any person may fill that position. If more than four Historic Districts have been designated as such pursuant to this Section, the City Council shall determine which four of the Historic Districts are to be represented on the HPC. 9. The Director, or the Director's designee, shall serve as an ex-officio member, with no vote except as otherwise provided in this Section. 10. The Director of the Nevada State Museum and Historical Society, or other designee of the State Historic Preservation Office (SHPO), shall serve as an ex-officio member, with no vote except as otherwise provided in this Section. F. Historic Preservation Commission - Organization 1. The HPC shall elect, from within its own membership, a chair, vice-chair and such other officers as it deems useful, and shall adopt such bylaws and rules of procedure consistent with this Section as the Commission deems necessary. 2. The Department shall provide administrative and clerical support for the HPC. 3. Regular and special meetings of the HPC shall be held as set forth in the bylaws and as necessitated by the Commission's volume of business. If no meeting has been scheduled to occur within forty days after the Chairman has been notified by the Secretary of business requiring action by the HPC, the Chairman shall call a special meeting to be held within that period. 4. The HPC shall maintain written minutes and records sufficient to inform the public of its business and shall report its business to the City Council as the Council from time to time may request. Page 438 5. Six members of the HPC constitute a quorum thereof for the purpose of conducting business. A majority vote of those present and voting shall be necessary to approve any item of business. 6. In the event that a quorum is not available for the conduct of business, an ex-officio member or the Historic Preservation Officer (or any combination thereof) may vote, but only concerning matters on the consent agenda and only to the extent necessary to create or maintain a quorum. G. Historic Preservation Commission - Powers, Etc. The powers, duties and activities of the HPC include the following: 1. Reviewing applications for the designation of Historic Landmarks, Districts, Sites, Buildings, Structures and Objects, and making recommendations to the Planning Commission concerning those applications. The review shall be in accordance with Subsection (I) of this Section. 2. Reviewing and making decisions concerning applications for new construction, alteration, demolition or removal of any element associated with an Historic Landmark, District, Site, Building, Structure and Object. The review and decision making process shall be in accordance with Subsections (K) and (L) of this Section. 3. Making recommendations to the City Council or the City Manager or designee concerning the use of public or private funds to promote the preservation of properties and districts within the City, including the acquisition of property or interests in property. 4. Recommending appropriate changes to the General Plan and to local development regulations in order to promote the purposes of this Section. 5. Cooperating with owners of property to formulate appropriate design guidelines for alteration and construction within Historic Districts. 6. Initiating and conducting detailed studies and surveys of properties, structures, and areas within the City to assess their potential for designation in order to formulate, revise or update the Historic Properties & Neighborhoods Preservation Plan Element of the Las Vegas 2020 Master Plan. 7. Developing and participating in public information activities in order to increase public awareness of the value of historic preservation. 8. Performing such other functions as will encourage or further the interests of historic preservation. H. Historic Preservation Officer The Director shall appoint an Historic Preservation Officer (HPO), who must have a demonstrated interest in historic preservation and be a qualified professional in one or more pertinent fields such as historic preservation, architecture, urban design, archaeology, cultural geography, landscape architecture or land use planning. The duties of the HPO shall include: 1. Serving as Secretary to the HPC, facilitating its efforts and, with other City staff as necessary, providing administrative support. 2. Accepting applications under Paragraphs (1) and (2) of Subsection (G). 3. Acting as intermediary between the HPC and City departments. 4. Providing technical and background information to the HPC and the public, as required. 5. Acting as the approval authority concerning applications for new construction, alteration, demolition or removal of elements associated with an Historic Landmark, District, Site, Building, Structure and Object, when the proposed work is, in the HPO's judgment, minor in nature and impact or the need to act immediately is necessary to protect life or property. The review and decision making process shall be in accordance with Subsections (K) and (L) of this Section. 6. Reporting to the HPC any action taken pursuant to Paragraph (5) of this Subsection. 7. Preparing annual written reports of HPC activities to be submitted to the State Historic Preservation Office (SHPO) and made available to the public. The reports should include, at a minimum, the minutes of meetings and Page 439 attendance records of members; current resumes of members; and a listing of items reviewed, decisions rendered and other projects and activities undertaken. 8. Maintaining the Las Vegas Historic Property Register. I. Designation of Historic Landmarks, Districts, Sites, Buildings, Structures and Objects 1. An individual landmark, district, site, building, structure or object may be designated on the City of Las Vegas Historic Property Register if it demonstrates exceptional historical significance by qualifying under Subparagraphs (a) or (b) below: a. It meets the criteria for listing on the State or National Register of Historic Places; or b. It is determined to be of exceptional local significance and expresses a distinctive character because: i. A significant portion of it is at least 40 years old; ii. It is reflective of the City's cultural, social, political or economic past; and iii. Either: (A) It is associated with a person or event significant in local, state or national history; or (B) It represents an established and familiar visual feature of an area of the City because of its location or singular physical appearance. 2. An individual district, site, building, structure or object may be designated as an Historic Landmark if it qualifies under Subparagraph (a) and Subparagraph (b) of Paragraph (1) above, and a significant portion of it is at least 50 years old. 3. An individual site, building, structure or object that has been designated on the City of Las Vegas Historic Property Register may be considered for reclassification for designation as an Historic Landmark if it has been determined eligible for the State or National Register of Historic Places. 4. An area may be designated as an Historic District if: a. The area: i. Includes a substantial concentration of contributing buildings, structures, objects or archaeological sites which individually meet the criteria in Paragraph (1) of this Subsection, as well as other buildings, structures or archaeological sites which contribute generally to the overall distinctive character of the area and are united historically or visually by plan or physical development; ii. Is bounded by documented historic boundaries such as early roadways, canals, subdivision plats or property lines, or by boundaries which coincide with logical physical or man-made features and reflect recognized neighborhood or area boundaries; and iii. Includes non-contributing properties or vacant parcels only to the extent necessary to establish appropriate, logical or convenient boundaries; or 5. Designation Process: a. The designation of an Historic Landmark, District, Site, Building, Structure or Object may be made upon application by the owner or authorized representative of any landmark, district, site, building, structure or object proposed to be designated or included in such designation, or by an authorized representative of the City. A pre-application conference with the HPO is required prior to submitting an application. Application shall be made to the HPO on such form(s) as may be established for the purpose, and the application shall be accompanied by such fee(s) as may be established by the City Council. Applications shall be signed, notarized and acknowledged by the owner of record of the property for which the designation is sought. If the property has multiple owners, the applicant shall provide the City with a list of all persons and entities with an ownership interest in the property if not all of the owners have signed the application. b. The designation of an Historic District may be made upon application by a member of the board of a Neighborhood Association that is registered with the city of Las Vegas, or other recognized neighborhood representative. A pre-application conference with the HPO is required prior to submitting an application. Page 440 Application shall be made to the HPO on such form(s) as may be established for the purpose, and shall be accompanied by such fee(s) as may be established by the City Council. Applications shall be signed, notarized and acknowledged by a recognized neighborhood representative. If the proposed district has multiple owners, the applicant shall provide the City with a list of all persons and entities with an ownership interest in the proposed district if not all of the owners have signed the application. c. An application for designation shall also be accompanied by the following items to be prepared by the HPO: i. A vicinity ownership map showing all parcels which are adjacent to, include or surround the property or district proposed to be designated within a radius of 1000 feet of the external boundaries of the property or district. Each such parcel shall be numbered so as to correspond to the ownership/tenant list described in Subparagraph (b)(ii) below. ii. A typed or legibly printed list, compiled from an authoritative source, containing the names, mailing addresses and zip codes of the following, along with the corresponding identifying numbers referred to in Subparagraph (b)(i) of this Paragraph above: (A) The owners of all parcels described in Subparagraph (b)(i) of this Paragraph above. iii. An accurate legal description and Assessor's Parcel Number (APN) for all parcels proposed for designation. iv. For an Historic District nomination, documentation of a minimum of three public meetings attended by city staff and applicable Neighborhood Association board members, and held in a location convenient to the proposed District. The meetings will discuss the: (A) Historic Designation Process; (B) Plan for Historic District designation, including proposed district boundaries, the responsibilities of Department staff and the Neighborhood Association board, and the timeline for designation; (C) Findings of any historic studies; and (D) Proposed Historic District design guidelines, if necessary. d. An application for designation shall also be accompanied by the following items to be prepared by the applicant or representative: i. A Statement of Eligibility and Appropriateness for Designation that describes the manner in which the landmark, district, site, building, structure or object proposed for designation is eligible and appropriate for designation under this Subsection. The Statement shall include at a minimum: (A) Photographs of the proposed Historic Landmark, District, Site, Building, Structure or Object; in the case of a District, the most significant or representative properties; (B) Information about the architect(s), designers(s), planners(s) and/or developer(s) of the Historic Landmark, District, Site, Building, Structure or Object; (C) Date and method of construction; (D) Distinctive characteristics such as historic materials, architectural or landscape elements and architectural style of buildings, structures or objects within a proposed district; (E) Ownership and address history; and (F) Proper resource citations. ii. Letter of property owner consent. iii. In the case of an Historic District designation, written approval of historic designation from no less than 51 percent of all property owners within the proposed Historic District. e. Historic signs are recognized as Historic Objects by this code. The designation of an historic sign may be made upon application by the owner of the sign or authorized representative. A pre-application conference with the HPO is required prior to submitting an application. Application shall be made to the HPO on such form(s) Page 441 as may be established for the purpose, and the application shall be accompanied by such fee(s) as may be established by the City Council. Applications shall be signed, notarized and acknowledged by the owner of record, or authorized representative, of the property within which the Historic sign is located, and, if applicable, the owner of the building, or authorized representative, to which the sign is affixed. Applications must be accompanied by the items listed in Subparagraphs (5)(c)(i) through (5)(c)(iii), and (5)(d)(i) through (5)(d)(ii). An historic sign may be designated as an Historic Object if it demonstrates exceptional historical significance by qualifying under Subparagraphs (i) or (ii) below: i. It meets the criteria for listing on the State or National Register of Historic Places; or ii. The sign and the use to which it pertains have been in continuous existence at the present location for at least 40 years; iii. The sign is structurally safe or is capable of being made so without substantially altering its historical significance; iv. The continued existence of the sign is encouraged and is beneficial to the public good; and v. At least one of the following conditions shall be met by the sign: (A) The sign contributes to the historical or cultural character of the streetscape and the community at large; (B) The sign is associated with historic figures, events, or places; (C) The sign is significant as evidence of the history of the product, business, or service advertised; (D) The sign is significant as reflecting the history of the building or the development of the historic district; (E) The sign is characteristic of a specific historic period or architectural style; (F) The sign is integral to the building's design or physical fabric; (G) The sign represents an outstanding example of the sign maker's art due to craftsmanship, use of materials, or design; (H) The sign is a local landmark recognized as a popular focal point in a community; or (I) The sign contains elements important in defining the character of an historic district. f. Upon receipt of a complete application package, the HPO shall schedule the application for discussion on the next available agenda of the HPC. The HPC is given 30 days to review the application before the official public hearing is scheduled. A public hearing will be scheduled for the following agenda of the HPC. Upon the request of the applicant, a special meeting may be called at the discretion of the Chair of the HPC, or by at least four (4) voting members of the HPC. g. In connection with the HPC's consideration of the application, the HPO shall compile and provide to the HPC a complete report concerning the landmark, district, site, building, structure or object proposed for designation. The report shall address the location, condition, age, significance and integrity of historic features; identify potential contributing and non-contributing properties; provide other relevant information; and include a recommendation concerning the application and the basis therefore. h. Based upon its consideration of the HPO's report concerning an application, along with any evidence or input offered at the public hearing, the HPC shall evaluate the application with reference to the applicable criteria set forth in Paragraphs (1), (2), (3) and (4) of this Subsection and make a recommendation to the Planning Commission. A recommendation for approval may include any conditions the HPC deems appropriate in order to implement the provisions and intent of this Subsection. i. Except as otherwise provided in this Subsection, the standards for consideration and action on an application by the HPC shall also apply to subsequent action by the Planning Commission and City Council, and the procedures for subsequent action on an application by the Planning Commission and City Council shall be consistent with the rezoning procedures described in LVMC 19.16.090. Page 442 j. A recommendation by the HPC for approval of a designation under this Subsection shall be void if the designation has not been approved by the City Council within one (1) year after the HPC's recommendation. 6. Public Notification Concerning Designation Applications: At least 10 calendar days before the HPC holds a public hearing on an application for designation, the Department shall: a. Mail written notice of the date, time and place of the hearing, along with a summary of the application, to the persons whose names and addresses are provided by the applicant pursuant to Paragraph (4) of this Subsection. Such notice is complete upon mailing. The HPC may delay a hearing for additional notification if it appears that the applicant or the City did not use reasonable diligence in providing a notification list or in mailing the notice. b. Post notice of the hearing, visible from a public way and clearly legible, containing the date, time, and place of the hearing, and a summary of the application. For an Historic Landmark, Site, Building, Structure or Object application, the notice shall, wherever possible, be placed adjacent to the public right-of-way. For an Historic District, the notice shall, wherever possible, be placed at no fewer than four conspicuous locations either within or at the external boundaries of the area. The posting of any such notice is complete upon initial posting. c. Publish notice of the date, time and place of the hearing, along with a summary of the application, in a newspaper of general circulation within the City. 7. Planning Commission and City Council Action: a. Upon receipt of a recommendation from the HPC concerning a designation, the Planning Commission shall hold a public hearing to consider the application. If the date and time of the Planning Commission hearing are announced at the HPC hearing concerning the designation, no additional notification is required. Otherwise, notification for such hearing shall be as described in Paragraph (5) of this Subsection above. Following the public hearing, the Planning Commission may do any of the following: i. Adopt the recommendation of the HPC and forward that recommendation to the City Council; ii. Modify the recommendation of the HPC and forward that recommendation to the City Council as modified; iii. Recommend denial of the application to the City Council; or iv. Remand the request to the HPC for further proceedings. b. Following Planning Commission action for designation of an Historic District, a notice must be published once a week for three consecutive weeks prior to the City Council meeting, and must include the purpose of the hearing and the boundaries of the proposed Historic District. c. Upon receipt of a recommendation from the Planning Commission concerning a designation, the City Council shall hold a public hearing to consider the application. If the date and time of the City Council hearing are announced at the Planning Commission hearing concerning the designation, no additional notification is required. Otherwise, notification for such hearing shall be as described in Paragraph (6) of this Subsection above. Notwithstanding any other provision of this Subparagraph (c), the designation of an Historic District must be done in accordance with NRS 384.005. Following the public hearing, the City Council may do any of the following: i. Approve the designation in accordance with the recommendation of the Planning Commission; ii. Modify the recommendation of the Planning Commission and approve the designation in accordance with the modifications; iii. Deny the application; or iv. Remand the application to the Planning Commission or the HPC for further proceedings. Page 443 d. In the case of an application for designation of an Historic District, if the owners of 20 percent or more of the area of the parcels included in the proposed district protest the proposed designation in writing, the designation shall not become effective except by the favorable vote of three-fourths of the entire membership of the City Council. If any member of the City Council is unable to vote on an application because of conflict of interest, the required number of favorable votes to approve the designation shall be three-fourths of the remaining membership of the Council, but in no event shall the required number of votes be less than a majority of the entire membership of the Council. A written protest is effective only if it is filed with the City Clerk prior to or at the time of the public hearing before the City Council. 8. Effect of Designation: a. The designation of an Historic Landmark, District, Site, Building, Structure and Object shall be indicated by the "H" symbol on the zoning maps of the City. The use and development of property affected by a designation shall be governed by this Section and applicable Design Guidelines adopted thereunder, as well as by the regulations pertaining to the underlying zoning classification(s) for the property, other provisions of the Unified Development Code and the General Plan. b. Prior to the designation of an Historic District, and in order to preserve and enhance the distinctive character of that District, the HPO shall meet with property owners within the proposed Historic District to determine design guidelines that will apply to alterations of contributing and non-contributing properties and to all new construction within the District. Property owners may choose to adopt the General Design Guidelines as adopted by the HPC, or create Design Guidelines that address architectural elements and styles specific to the proposed District. Design Guidelines will be recommended for adoption by the HPC to the City Council. i. Historic District Design Guidelines are intended to address exterior features and characteristics as can be viewed from the public right-of-way only, such as building materials, massing, scale and proportion of openings and other features, orientation and relative position of buildings, as well as specific aspects such as roof forms, textures, character of signage, window and door types, and other details relative to architectural styles evident in the District and included in the Statement of Eligibility and Appropriateness. ii. Design Guidelines do not regulate maximum building height, maximum lot coverage, minimum setbacks, landscaping, parking, allowable signs, or other development aspects addressed elsewhere in the Unified Development Code. iii. Design Guidelines shall not prohibit access to buildings as required by the Americans with Disabilities Act. iv. Following designation of an Historic District, but before Design Guidelines can be established for the District, the HPC may require that development in the District conform to such established or recognized standards as the HPC deems appropriate. 9. Removal of designations established under this Section shall be in accordance with the procedure set forth for designation. 10. No nomination for designation or removal of designation under this Section shall be acted upon within one year after any previous such nomination. J. Historic Property Register The Las Vegas Historic Property Register is hereby established for the purpose of listing the Historic Landmarks, Districts, Sites, Buildings, Structures and Objects designated under the provisions of this Section. The Register, as it may be amended from time to time, shall serve as the official record of all such designations and shall be maintained by the HPO. Copies of the Register shall be made available for public inspection in the offices of the Department and the City Clerk. K. Guidelines, Standards and Process for Review of Alteration or New Construction 1. A pre-application conference with the HPO is required prior to submitting a building permit or other required development or zoning permit whenever it is proposed to alter, remodel, build, or otherwise develop an Historic Page 444 Landmark, District, Site, Building, Structure or Object, or an Historic Landmark, Site, Building, Structure or Object located within a designated Historic District, and a building permit or other development or zoning permit is required for such work, the applicant must first obtain the approval of the HPC in accordance with this Section. In the case of proposed work which, in the HPO's judgment, is minor in nature and impact, the HPO shall be the approval authority. Approval pursuant to this Subsection indicates conformance with the provisions and intent of this Section only and does not constitute or imply approval by any City department or other approval authority having jurisdiction. 2. In order to obtain review pursuant to this Subsection, the applicant must submit to the HPO the following: a. An application for a Certificate of Appropriateness on such form(s) as may be established for the purpose, which shall be signed, notarized and acknowledged by the owner of record or the owner's authorized agent of the property where review of alteration or new construction is sought; b. Such fee(s) as may be established by the City Council for the application; c. Materials detailing the proposed alteration or new construction, including: i. Color photos of each side of the building or site to be altered and close ups of the specific area to be changed; ii. Drawings for conceptual review and new construction or graphics/signage; iii. Material samples / manufacturer's brochures which show and describe the materials to be used; iv. A site plan on applications for new construction, additions, site graphics, demolition, lot splits and fencing; d. If signage is part of the proposed work, drawings, to approximate scale, showing the size and location of proposed signage, type of lettering to be used and indication of color and type of illumination, if any; and e. Other information which the applicant deems appropriate or which the HPO may reasonably deem necessary in connection with the review of the application. 3. An application for review under this Subsection, when deemed complete, shall be acted upon within a reasonable period of time. In the case of an application to be considered by the HPC as the approval authority, the application shall be included on the next available agenda. 4. The approval authority shall consider the application with reference to the objectives of this Section. The approval authority may deny an application upon determining any of the following: a. That proposed work on any portion of an Historic Landmark, District, Site, Building, Structure or Object will not be compatible with the recognized distinctive character of the overall Historic Landmark, District, Site, Building, Structure or Object. b. That proposed work on any portion of a contributing Historic Landmark, District, Site, Building, Structure or Object within an Historic District will not be compatible with the recognized distinctive character of the Historic Landmark, District, Site, Building, Structure or Object itself, with the character of the entire District, or with the Design Guidelines that have been adopted for the District. c. That major new construction proposed for non-contributing Historic Landmarks, Districts, Sites, Buildings, Structures or Objects within an Historic District will not be compatible with the recognized distinctive character of the entire District or with the Design Guidelines that have been adopted for the District. For purposes of this Subparagraph, new construction is "major" if such construction equals or exceeds 25 percent of the land area of a parcel without a building or of the building ground floor area of a parcel with a building, at the time of the property's identification as non-contributing. e. That, in cases where Federal funds, in the form of grants, tax incentives or other programs, are to be employed, directly or indirectly, in financing the proposed work, the work will not comply with the Standards for the Treatment of Historic Properties, as promulgated by the U.S. Secretary of the Interior. Page 445 5. The approval authority may approve, conditionally approve or deny an application, or continue consideration thereof for further study. The HPO shall provide the applicant with notice of action taken, along with an explanation of any reasons therefore and conditions attached thereto. 6. An approval pursuant to this Subsection shall be valid for a period of one year, unless otherwise specified in the approval. L. Demolition and Removal 1. Whenever it is proposed to demolish or remove a structure or feature constituting or associated with an Historic Landmark, District, Site, Building, Structure or Object, and a demolition or other permit or approval is required for such work, the applicant must first obtain the approval of the HPC in accordance with this Section. Nothing in this Subsection shall prohibit the owner(s) of a sign designated as an Historic Object from removing such sign; however, removal of a sign so designated requires approval by the HPC and recommendation for alternative placement or storage. In the case of proposed work which, in the HPO's judgment, is minor in nature and impact, or is necessary immediately in order to protect life or property, the HPO shall be the approval authority. Approval pursuant to this Subsection indicates conformance with the provisions and intent of this Section only and does not constitute or imply approval by any City department or other approval authority having jurisdiction. 2. In order to obtain review pursuant to this Subsection, the applicant must submit to the HPO the following: a. An application for a Certificate of Appropriateness, on such form(s) as may be established for the purpose; b. Such fee(s) as may be established by the City Council for the application; c. Photographs of the property depicting its current appearance; d. A preliminary plan of redevelopment for the parcel indicating an intended use that is in compliance with the General Plan, existing or proposed zoning, other applicable regulations and Subsection (K) of this Section; e. A preliminary plan of restoration of damaged or removed features; f. If economic hardship relief is requested, documentation in support of the request; and g. Other information which the applicant deems appropriate or which the HPO may reasonably deem necessary in connection with the review of the application. 3. An application for review under this Subsection, when deemed complete, shall be acted upon within a reasonable period of time. In the case of an application to be considered by the HPC as the approval authority, the application shall be included on the next available agenda. 4. The approval authority shall consider the application with reference to the objectives of this Section. The approval authority may deny an application upon determining either of the following: a. That the structure or feature proposed for demolition or removal is of historic or architectural value or significance and contributes to the distinctive character of the property; b. That loss of the structure or feature would adversely affect the integrity or diminish the distinctive character of an Historic District. 5. The approval authority may approve, conditionally approve or deny an application, or continue consideration thereof for further study. The HPO shall provide the applicant with notice of action taken, along with an explanation of any reasons therefore and conditions attached thereto. 6. Economic Hardship: a. An application for demolition or removal may be accompanied by a request for economic hardship relief which, if granted, allows demolition or removal which otherwise would not be permitted. b. Economic hardship relief may be granted by the approval authority as follows: i. In the case of income producing property, when the applicant demonstrates that requiring the property to retain the features that contribute to its distinctive character, whether the property is left in its present condition or is rehabilitated by the owner or a potential buyer, will not permit the owner a reasonable rate of return. Page 446 ii. In the case of non-income producing property, when the applicant demonstrates that the property has no reasonable use as a single family dwelling or for an institutional use in its present condition, or if rehabilitated, either by the current owner or a potential buyer. c. For purposes of Subparagraph (b) above: i. Non-income producing property consists of owner-occupied single family dwellings and non-income producing institutional properties; and ii. Income producing property consists of all other properties. d. Economic hardship relief is not available to an owner who has: i. Engaged in willful or negligent acts destructive to the property; ii. Purchased the property for substantially more than the market value; iii. Failed to perform ordinary maintenance and repair; or iv. Where applicable, failed to diligently solicit and retain tenants or provide normal tenant improvements. 7. An approval pursuant to this Subsection shall be valid for a period of one year, unless otherwise specified in the approval. 8. If an application for demolition or removal is denied by the HPC, the City may deny a permit for such activity for up to 180 days from the date on which the application was denied. It is unlawful to demolish or remove a structure or feature which is subject to this Subsection (L) without a permit to do so under this Section and other applicable ordinances. a. During the period of restraint on demolition or removal, the HPC and HPO will endeavor to secure whatever assistance may be feasible to effect the preservation of the Historic Landmark, District, Site, Building, Structure or Object, including economic assistance, acquisition, purchase of a preservation easement; or location of a buyer who, upon purchase at terms agreeable to the owner, will enter into a preservation covenant with the City for a period of at least five years. b. If the HPC or HPO is unable to secure such assistance within the period of restraint, the proposed demolition or removal will be allowed, subject to the issuance of appropriate permits by the Building Official. 9. If the Building Official finds that a designated property is an imminent hazard to life or property and, after consultation with the HPO and the SHPO, determines that repairs or relocation would not be appropriate or feasible, the HPO shall approve the necessary demolition or removal, subject to issuance of appropriate permits by the Building Official. M. Appeal and Review 1. The applicant for an approval under Subsection (K) or Subsection (L) of this Section may appeal any decision of the HPC to the City Council by written request. An appeal must be filed in the Office of the City Clerk within 10 days after the HPC's action. The City Council may establish one or more fees to be paid in connection with the filing of an appeal under this Subsection, and the amount of any fee so established shall be as set forth in the Fee Schedule. 2. In addition, with respect to any approval by the HPC of an application under Subsection (K) or Subsection (L) of this Section, the Director or any member of the City Council may file a request for review within that 10-day period. 3. The City Clerk shall set the date for a public hearing on the appeal or review, and notice of the hearing shall be published in a newspaper of general circulation within the City at least 10 days before the hearing. N. Maintenance and Repair 1. The owner is responsible for ordinary maintenance and repair of a designated Historic Landmark, District, Site, Building, Structure or Object. Such maintenance and repair may be performed without specific approval from the Page 447 HPO or the HPC if such maintenance or repair does not significantly alter the features which contribute to the distinctive character of such a designated Historic Landmark, District, Site, Building, Structure or Object. 2. The owner of a designated Historic Landmark, District, Site, Building, Structure or Object shall not permit the resource to fall into a state of disrepair so as to result in the deterioration of any significant exterior feature which would have a detrimental effect on the distinctive character of the Historic Landmark, District, Site, Building, Structure or Object itself or that of an Historic District in which the Historic Landmark, Site, Building, Structure or Object is located. 3. Examples of deterioration which the owner of the designated property is responsible under this Subsection to prevent include, but are not limited to, the following: a. Excessive erosion, reverse drainage, and other preventable site conditions which may adversely affect significant Historic Landmarks, Districts, Sites, Buildings, Structures or Objects; b. Loss of structural integrity due to deterioration of footings, load-bearing walls or columns, beams, trusses, or other support members; c. Weathering or damage to exterior elements such as wall and roof surfaces, chimneys, balustrades, doors, windows, and other architectural features; d. Loss of weather-tightness or security due to any of the above; e. Deterioration resulting in a hazardous condition which would warrant demolition in the interest of public safety. 4. In order to avoid demolition necessitated by the failure to prevent any deterioration described in Paragraph (3) of this Subsection, the City may effect repairs to an Historic Landmark, District, Site, Building, Structure or Object or contributing property within an Historic District and assess the cost of such repairs to the property in the same manner and with the same effect as is available for the abatement of nuisances in LVMC 9.04.080 et seq. 5. For purposes of evaluating deterioration under this Subsection, the condition of the property at the time of its designation shall be the standard of reference. 6. Enforcement of this Subsection shall be the responsibility of the City Manager or designee. O. Placement of Alternative Energy Systems 1. The application of alternative energy systems, such as solar and wind conversion technologies, shall be reviewed by the HPC to determine the impact on the Historic Landmark, Site, Building, Structure or Object as well as the impact on adjacent parcels and the surrounding District, if applicable. The least visible application of technologies is recommended; the systems and their supplementary equipment are to be discreet and reversible to avoid altering the historic character of the Historic Landmark, District, Site, Building, Structure or Object. 2. In the use of solar technologies, such as solar panels and solar water heaters, ground systems that can be placed at the rear of the property, at an appropriate height to minimize visibility shall be used. If equipment is to be roof-mounted, low or non-reflective materials shall be used, and all mechanical equipment shall be painted to match the existing surrounding material (roofing, fascia, primary structure) color. Visible roof-mounted installations shall be designed and positioned to be appropriately scaled with a structure's roofline while maintaining a balance, scale, proportion and rhythm with other features of that elevation. Roof-mounted or non- free standing systems shall be placed in locations not visible from public right-of-way (by the adoption of low horizontal systems set back from edge on flat roofs and behind roof parapets, on rear non-street-facing slope, at rear of building concealed from sight by a wall or vegetation, or on secondary rear structures below main roof line). If invisibility is unattainable, the following is encouraged, but not limited to: a. Placement towards the rear third of hipped or front gabled roof; b. Low placement, along the incline of the roof, and parallel to the original roofline; c. Careful design of installations, in keeping with the balance, scale, proportion and rhythm of other features of that elevation Page 448 3. In the use of wind technologies, such as wind turbines, tower mounted systems in lieu of those that are building mounted are preferred. These towers and ancillary structures are to be placed to have the least visual impact on the surrounding environment. All of the structures are to be muted in color, have no graphics and be appropriately screened where possible. For systems that are building mounted, placement should not be visible from public right-of-way. 4. All options for the placement of the alternative energy system should be fully explored to the satisfaction of the HPO. P. Incentives It is the intent of the City that Historic Landmarks, Districts, Sites, Buildings, Structures and Objects be beneficial to their respective owners, as well as to the community. In addition to the intangible benefits of owning a designated historic resource, other potential benefits can be made available by the City. The HPO and the HPC are authorized, when possible and appropriate, to provide such owners with the following: 1. Assistance in locating potential sources of financial assistance and tax credits; 2. Assistance in preparing grant applications and seeking potential third party sponsorship; 3. Technical information and referrals; 4. Assistance in locating buyers and sellers; 5. Assistance, through the Parks, Recreation and Neighborhood Services Department, in the formulation and operation of a neighborhood association; 6. Assistance in obtaining other benefits as may become available through the City or other sources. Q. Violations 1. It is unlawful for any person to construct, alter, demolish, remove or fail to maintain an Historic Landmark, District, Site, Building, Structure, Object or portion thereof in violation of this Section. 2. In addition to and independent of a misdemeanor prosecution for violations under this Section, the City may pursue any available civil remedy to enforce compliance. 3. Any Historic Landmark, District, Site, Building, Structure, or Object found to be in violation of this Section will automatically be subject to a public hearing review by the HPC. The property owner must follow the guidelines, standards and process for review of alteration or new construction requirements set forth in Section (K) of this Chapter. Failure to follow the requirements of Section (K) of this Chapter is a violation of this Section. 4. In connection with any criminal prosecution or civil remedy, the person responsible for a violation may be required to restore a structure or property to its condition just previous to the violation. R. Definitions For purposes of this Section, the following terms have the meanings ascribed to them: Alteration: Any aesthetic, architectural, mechanical, or structural change or addition to the exterior surface of any significant part of a designated property. Approval authority: The HPC or the HPO, as indicated in this Section. Building: A resource created principally to shelter any form of human activity, such as a home. Compatibility: A pleasing visual relationship between elements of a property, building or structure; among properties, buildings and structures; or with their surroundings. Aspects of compatibility may include, but are not limited to, proportion, rhythm, detail, texture, material, reflectance and architectural style. Contributing Resource: Sites, buildings, structures or objects which individually meet the criteria for historic designation, or contribute generally to the overall distinctive character of a district and are united historically or visually by plan or physical development. Demolition: The act or process that destroys a structure or feature associated with a designated property. Page 449 Distinctive Character: The distinguishing architectural and aesthetic characteristics of a Landmark or Historic Property, or those generally found throughout an Historic District, which fulfill the criteria for designation. District: A significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. Non-contributing Resource: Sites, buildings, structures or objects which do not individually meet the criteria for historic designation, or do not contribute generally to the overall distinctive character of a district. Object: A construction primarily artistic in nature or relatively small in scale, such as a sign, statue or milepost. Ordinary Maintenance and Repair: Regular or usual care, upkeep, repair or replacement of any portion of an existing property, building or structure in order to maintain a safe, sanitary and stable condition. Significant: With reference to a property, building or structure, means having aesthetic, architectural or historical qualities of critical importance to its consideration in connection with the designation of property under this Section. Site: Location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archaeological value regardless of the value of any existing structure. Structure: A functional construction made for purposes other than creating shelter, such as a bridge. Page 450 19.10.160 SB-O Las Vegas Boulevard Scenic Byway Overlay District A. Intent In 2001 the State of Nevada designated as a scenic byway the Las Vegas Boulevard Scenic Byway in order to preserve its character as a nighttime urban scenic byway. The intent of the Las Vegas Boulevard Scenic Byway Overlay District is to provide signage standards that will maintain and enhance the scenic qualities of this historic highway in accordance with the "scenic byway" designation. Figure 1 - Las Vegas Boulevard Scenic Byway Overlay District Map B. Boundaries. The Las Vegas Boulevard Scenic Byway Overlay District is established within the City. Its boundaries are generally described as the portion of Las Vegas Boulevard between Sahara Avenue on the south and Washington Avenue on the north. The Overlay District includes only those properties that have direct frontage on Las Vegas Boulevard. Because of ongoing development activity along Las Vegas Boulevard, the list of properties with direct frontage on Las Vegas Boulevard may change from time to time, and the above textual description of the boundaries of the Overlay District shall control over any map to the contrary. However, for the sake of convenience and reference, the boundaries of the Overlay District are generally depicted in Figure 1. C. Sign Standards 1. Relationship to Other Provisions. Standards governing signs located within the boundaries of the SB-O District are intended to be the most restrictive. Except as otherwise modified, required or prohibited by this Section, all signage within the Las Vegas Boulevard Scenic Byway Overlay District shall be governed by and subject to: Page 451 a. All applicable standards and procedures in this Title; and b. The review and approval procedures set forth in Subsection (D) of LVMC 19.10.100, irrespective of where in the Las Vegas Boulevard Scenic Byway Overlay District the signage will be located. The provisions of LVMC 19.10.100(D)(8) shall apply to supergraphic signage within the SB-O District. Map is representative of where the SB-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the SB-O (Las Vegas Boulevard Scenic Byway Overlay) District. 2. Illumination. Except as otherwise provided in LVMC 19.08.120(H) with respect to supergraphic signage or in Paragraph (5) below with respect to animated signs, for any development within the Las Vegas Boulevard Scenic Byway Overlay District, at least 75% of the total sign surface areas for that development (excluding awning signs) must consist of illuminated signage, in the form of neon signs, animated signs, or a combination thereof. All such illuminated signs must be fully illuminated from at least one hour before dusk until one hour after dawn. Such signs may be fully illuminated during daylight hours also. 3. Off-premise Signs. Off-premise signs are not permitted within the Las Vegas Boulevard Scenic Byway Overlay District. No waiver or Variance from this prohibition is available. 4. Maintenance. The owner and operator of each sign are jointly and severally responsible for ensuring that appropriate sign maintenance occurs and that damaged or nonfunctional signs and lighting are promptly repaired and made functional. 5. Exemption Regarding Animated Signs. Signs within the Las Vegas Boulevard Scenic Byway Overlay District are exempt from the requirements and limitations concerning animated signage that are set forth in LVMC 19.08.120(B)(11)(a), but only when the following conditions are met; a. The sign proposed to be exempted may not be freestanding; and b. In complying with the 75% requirement described in Paragraph (2) above, at least 50% of the total sign surface areas for the development must consist of neon signage or neon-similar LED signage. (Ord. 6207 § 6, 08/15/12) (Ord. 6250 §6 and 7, 05/01/13) (Ord.6608 § 11, 12/06/17) (Ord.6655 § 2, 11/21/18) Page 452 19.10.170 LW-O Live/Work Overlay District A. Purpose The purpose of the Live/Work Overlay District is to allow owners and operators of businesses to occupy joint living and work quarters in commercial and industrial areas where other types of residential uses are inappropriate. Allowing Live/Work units will contribute to the vitality of commercial and industrial areas, assist in reducing vehicular traffic, and allow for a greater spectrum of housing types within the City. B. Intent It is intended that Live/Work units will function as follows: 1. The owner or lessee of the Live/Work unit will reside and work in the unit. 2. The commercial or nonresidential uses of the Live/Work unit will be limited to the uses that are allowed within the underlying zoning district pursuant to LVMC Chapter 19.12 or within any applicable special area plan, subject to the requirements and limitations of that Chapter or plan. 3. No activity that uses hazardous materials or generates excessive noise will be permitted. 4. Live/Work units shall be designed to be compatible with the surrounding adjacent development. 5. The use of Live/Work units shall comply with and be subject to applicable building and fire safety codes. 6. The residential component of the use shall be accessory to the commercial or nonresidential component. 7. Residents of Live/Work units will be presumed to acknowledge the existence and operation of uses that are permitted on nearby parcels that are zoned for commercial and industrial uses. Figure 1 - Live/Work Overlay District Maps C. Boundaries The Live/Work Overlay District is established within the City. Its boundaries are depicted in Figure 1. D. Approval Criteria All Live/Work units within the Live/Work Overlay District must meet the following criteria in order to be approved: 1. Zoning. Live/Work units may be located in the P-O, C-1, C-2, C-M, M and PD Zoning Districts only. 2. Locational Criteria. Live/Work units shall not be allowed within a multi-family residential building, unless approved as a mixed-use development. When so approved, such units shall comply with the locational provisions of LVMC 19.12.070 for commercial and civic uses. 3. Nonresidential Use Criteria. Nonresidential activities shall conform to the intent of the Live/Work Overlay District as described in Subsection (B) of this Section. Page 453 4. Residential Use Criteria. The residential component of a Live/Work unit must contain sleeping space; a kitchen containing a refrigerator, sink and cooking facilities (such as a stove or microwave); and complete sanitary facilities that include a sink, toilet, and a shower or bathtub (or both). No more than fifty percent of the total floor area of a Live/Work unit shall be designed or used for residential purposes, and no unit may be solely for residential purposes. At least one occupant of the Live/Work unit must reside and work in the unit. 5. Parking. The amount of required on-site parking shall be calculated in accordance with any and all applicable parking provisions of this Title, or of any applicable special area plan or overlay district, in each case based upon the gross square footage of the unit and the nonresidential use or uses occurring therein. A deviation or relief from the applicable standard may be granted by means of a Variance pursuant to LVMC 19.16.140, a parking alternative pursuant to LVMC 19.18.030(D)(4), or such other means as are specified in a special area plan or overlay district, as applicable. Map is representative of where the LW-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the LW-O (Live/Work Overlay) District. 6. Signage. Permissible signage shall be in accordance with the requirements and limitations of this Title and those that pertain to any other overlay district in which the property is located. A deviation or relief from the applicable standard may be granted by means of a Variance pursuant to LVMC 19.16.140 or by such other means as are specified in a special area plan or overlay district, as applicable. 7. Access a. Each Live/Work unit shall be divided into separate designated residential and nonresidential areas. interior access between the residential use and the nonresidential use shall be maintained at all times. b. When approved as part of a mixed-use development, access to the nonresidential use of the unit for the public, deliveries or other services shall be provided from the exterior of the unit, or from corridors that do not provide direct access to other residential units. Access through shared residential corridors shall be permitted to a Live/Work unit only when such access is solely for the residential use. c. Live/Work units shall be clearly identified by signage in order to facilitate access for emergency services. For addressing purposes, the unit shall receive a single address in conformance with the applicable provisions of LVMC 19.04.050. E. Approval Process A Live/Work unit shall be approved as part of a Site Development Plan Review, subject to compliance with this Section and all applicable building and fire safety codes. The approval process for nonresidential uses shall be in accordance with the provisions of LVMC Chapter 19.12 for the underlying zoning district, or as provided for in any applicable special area plan. Nonresidential uses are subject to the applicable provisions of Title 6. F. Applicability of Other Standards 1. This Section is intended to operate and apply independently of any other provision in this Title that allows residential and nonresidential uses on the same parcel. An applicant may proceed under this Section or under any other provision that applies to a proposed use. Page 454 2. Except as otherwise provided in this Section, the standards set forth in this Section are minimum standards, and no deviation from those standards shall be permitted. 3. Notwithstanding any other provision of this Title, the provisions of LVMC 19.16.180 relative to home occupations shall not apply to Live/Work units. (Ord. 6281 §2 through 5, 10/02/13) Page 455 19.10.180 RP-O Rural Preservation Overlay District Figure 1 - Rural Preservation Overlay District Map A. Establishment of District There is hereby created the Rural Preservation Overlay District, consisting of those areas that are deemed consistent with the definition and intent of a rural preservation neighborhood. In order to provide a description of those areas, the City shall maintain a Rural Preservation Overlay District Map, which shall indicate the areas that, at a particular point in time, are deemed consistent with the definition and intent of a rural preservation neighborhood. The Overlay District map shall be maintained on file in the Department. In order to keep the Overlay District Map as current as reasonably possible, the Map shall be amended from time to time, at a frequency deemed appropriate by the Department, to add areas to, or remove areas from, the Overlay District in order to reflect the fact that particular properties have come to qualify, or no longer qualify, for inclusion within a rural preservation neighborhood. As deemed appropriate, the Department may, after taking into account input from interested parties: 1. Make any such amendment to the Overlay District Map administratively; or 2. Request City Council approval or ratification of any such amendment. Map is representative of where the RP-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the RP-O (Rural Preservation Overlay) District. B. Intent of District It is the intent of the Rural Preservation Overlay District to: 1. Ensure that the rural character of each rural preservation neighborhood is preserved. 2. Unless a rural preservation neighborhood is located within three hundred thirty feet of an existing or proposed street or highway that is more than ninety-nine feet wide, maintain the rural character of the area developed as a low density residential development. 3. Provide adequate buffer areas, adequate screening and an orderly and efficient transition of land uses, excluding raising or keeping animals commercially or noncommercially. 4. Establish a basis for the modification of standards for the development of infrastructure to maintain the rural character of the rural preservation neighborhood. C. Certain Rezoning Requests. For any rezoning request for vacant property that is located within three hundred thirty feet of a parcel within the Overlay District, the City Council, for good cause shown, may approve a greater density or intensity of use than that which exists within the Overlay District. Page 456 19.12 PERMISSIBLE USES Contents: 19.12.010 Land Use Tables 19.12.020 Accessory Uses and Structures 19.12.030 Temporary Commercial Permits 19.12.040 Conditional Uses 19.12.050 Special Use Permits 19.12.060 Parking Requirements 19.12.070 Permissible Use Descriptions and Applicable Conditions and Requirements 19.12.080 Use Restrictions for CD-O District 19.12.090 Use Restrictions for P-O and O Districts 19.12.100 Similar and Prohibited Uses 19.12.110 Intent and Effect of Cross-Referencing Tools 19.12.120 Off-Premise Signs 19.12.130 Motor Vehicle Dealerships, Test Driving Route Plans Page 457 19.12.010 Land Use Tables A. Buildings, structures and land shall be used in accordance with the uses permitted in the following Land Use Tables, subject to all other applicable requirements of this Title. B. Uses that are listed in Table 2 are provided with a description, applicable conditions and requirements in LVMC 19.12.070. C. Buildings, structures and land within Form-Based zoning districts shall be used in accordance with the uses permitted in LVMC 19.09.050. Table 1 - Interpretation of Land Use Tables 19.12.010(B) Symbol Meaning P The use is permitted as a principal use in that zoning district by right. A The use is permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered accessory to the primary use. C The use is permitted, but only in accordance with the conditions specified in LVMC 19.12.070 for conditional uses. S The principal use is permitted in that zoning district only after first obtaining a Special Use Permit (SUP) as set forth in LVMC 19.16.110. Base standards may apply to an SUP approval, as specified in LVMC 19.12.070. H The use is permitted by means of a Home Occupation Permit. T The use is permitted by means of a Temporary Commercial Permit in accordance with LVMC 19.16.160. A blank square shall mean that the use is not allowed in that zoning district. Table 2 - Permitted Use 19.12.010(B) Click Title for additional information U R-E R-D R-1 R-SL R-CL R- TH R-2 R-3 R-4 R- MH P-O O C- D C- 1 C-2 C- PB C-M M Accessory Structure (Class I) S S S S Accessory Structure (Class II) C C C C C C C C C C C Airport, Heliport or Landing Field P P Animal Hospital, Clinic, or Shelter (with no Outside Pens) C S C P P P P Animal Hospital, Clinic, or Shelter (with Outside Pens) S S S P P P Animal Keeping & Husbandry (Ord. 6613 §2, 03/21/18) C C C C C C C C Asphalt or Concrete Batch Plant P Assisted Living Apartments P P P S S Auction House S C C C Auto Broker C C C C C Auto Dealer Inventory Storage S C P P Auto Parts (Accessory Installation) C P P P Page 458 Table 2 - Permitted Use 19.12.010(B) Auto Parts (New & Rebuilt) S C P P Click Title for additional information U R- E R- D R- 1 R- SL R- CL R- TH R- 2 R- 3 R- 4 R- MH P- O O C- D C - 1 C- 2 C- PB C- M M Auto Repair Garage, Major C C C Auto Repair Garage, Minor S C C C Auto Sales Showroom S P S P P Auto Smog Check C C C C Auto Title Loan S S S S C C Automobile Rental S C C C Automobile Repossession Agency C C C C Bailbond Service S S P P Banquet Facility (Ord. 6067 §1, 11/16/11) P P P P P Beer/Wine/Cooler Cultural Establishment S S S S S Beer/Wine/Cooler Off-Sale Establishment S S S S S Beer/Wine/Cooler On- and Off-Sale Establishment S S S S S Beer/Wine/Cooler On-Sale Establishment C C C C C Blood Plasma Donor Center S S S P Boat & Trailer Dealership (New and Used) S C C C Building & Landscape Material/Lumber Yard S P P P Building Maintenance Service and Sales C P P P Bus Charter Service & Service Facility P P Business School P P P P P P P Car Wash, Full Service or Auto Detailing S C C C Car Wash, Self-Service S C C C Catering Service C P P P P P Cemetery/Mausoleum C C C C C Check Cashing Service, Limited C C C C C C C Church/House of Worship S S S S S S S S S S S P P P P P P P P Cleaners, Commercial/Industrial S S P P Clinic S P P P P P Page 459 Table 2 - Permitted Use 19.12.010(B) Click Title for additional information U R- E R- D R- 1 R- SL R- CL R- TH R- 2 R- 3 R- 4 R- MH P- O O C- D C - 1 C- 2 C- PB C- M M Cold Storage Plant P P P P College, University, or Seminary S P P P P P Commercial, Other than Listed S P S P P Commercial Recreation/Amusement (Indoor) S P P P P P Commercial Recreation/Amusement (Outdoor) P P P Community Center, Private (Accessory) C C C C C C C C A A C Community Garden (Ord. 6189 §1, 05/02/12) C C C C C C C C C C C P P P P P P P P Community Recreational Facility (Public) P P P P P P P P P P P P P P P P P P P Community Residence (including Family Community Residence and Transitional Community Residence) C C C C C C C C C C C C C C C Construction Material Supply Yard P P Contractor's Plant, Shop & Storage Yard P P Convalescent Care Facility/Nursing Home S S S S S S S C C S P P P Convent or Monastery P P Copy Center P P P P P P P P Country Club, Private S S S S S S S S S S S P P P P P P Crematory C C C Crop Production (Ord. 6678 §2, 04/03/19) P P C C C C C Custodial Institution S S Custom & Craft Work S C P P P Daily Labor Service S S S S S Delivery and Service Vehicle Storage S S P P Desktop Publishing P P P P P P P P Drive Through C C C C C C Electric Generating Plant S S S S Click Title for additional information U R- R- R- R- R- R- R- R- R- R- P- O C- C C- C- C- M Page 460 Table 2 - Permitted Use 19.12.010(B) E D 1 SL CL TH 2 3 4 MH O D - 1 2 PB M Electric Utility Substation S S S S P P P P P P Emergency Ambulance Services, Ground S P P P P Employment Agency P P P P P P P P Environmentally Hazardous Materials P Facility for Transitional Living for Released Offenders S S Facility to Provide Testing, Treatment, or Counseling for Drug or Alcohol Abuse S S P P P Financial Institution, General P P P P P P P Financial Institution, Specified S S S S C C Food Processing C S P P Fraternity, Sorority House or Private Dorm S S Gaming Establishment, General Business-Related S S S S S Gaming Establishment, Non- restricted S S S S Gaming Establishment, Restricted A A A A A Garden Supply/Plant Nursery S P P P P General Personal Service A P P P P P P General Retail Store, Other Than Listed C C P P S P P Government Facility P P P P P P P P Grocery Store with Alcohol C C C C Gun Club, Skeet or Target Range, or Archery Club (Indoor) S P P P Gun Club, Skeet or Target Range, or Archery Club (Outdoor) S S P Health Club A P P P S P P Heavy Machinery and Equipment (Rental, Sales & Service) P P Heavy Machinery and Equipment (Storage) P Click Title for additional information U R- E R- D R- 1 R- SL R- CL R- TH R- 2 R- 3 R- 4 R- MH P- O O C- D C - C- 2 C- PB C- M M Page 461 Table 2 - Permitted Use 19.12.010(B) 1 Helipad S S S S P P Home Occupation (Ord. 6301 §2, 03/05/14) H H H H H H H H H H H H H H H H H H Horse Corral or Stable (Commercial) S S C C C C Hospice S P P S S P P P S Hospital S C P P P P Hotel, Motel or Hotel Suites S P S P P Hotel, Residence S S S S P Individual Care - Family Home P P P P P P P P P P P Individual Care - Group Home S S S S S S S S S S S Individual Care Center S S S C C S C C P P P P P Internet/Catalogue Sales Office C C P P P P P P Laboratory, Medical or Dental A A A P P P P P Landfill S Laundry, Self-Service P P P P Library, Art Gallery or Museum (Public) P P P P P P P P Light Assembly & Fabrication C C P P P Liquefied Petroleum Gas Installation (288 Gallons or Less) C C C C C C C C C C C C C C C C C C C Liquefied Petroleum Gas Installation (Over 288 Gallons) S S S S S Liquor Establishment (Tavern) S S S S S Lounge Bar S S S S S Manufactured Home (Not Qualifying for Treatment as Single Family Detached Dwelling) P Manufactured Home (Qualifying for Treatment as Single Family Detached Dwelling) C C C C C C C C C C Manufacturing, Heavy S P Manufacturing, Light P P P Martial Arts Studio P P P P P P Massage, Accessory A A A A A A A A Click Title for additional information U R- E R- D R- 1 R- SL R- CL R- TH R- 2 R- 3 R- 4 R- MH P- O O C- D C - 1 C- 2 C- PB C- M M Page 462 Table 2 - Permitted Use 19.12.010(B) Massage Establishment S S S S C Marijuana Cultivation Facility S S Marijuana Dispensary S S S S Marijuana Production Facility S S Mining, Sand & Gravel Excavation S S S Mini-Storage Facility S C C C C Mixed-Use (Ord. 6315 §2, 05/07/14) S S S S C C S Mobile Home P Mobile Home Park C Monorail S S S S S S S S S S S S S S S S S S Mortuary or Funeral Chapel S P P P Motor Vehicle Sales (New) C C C Motor Vehicle Sales (Used) S C C Motorcycle/Motor Scooter Sales S Mounted Antenna over 15 Feet (Ultimate Height) S S S S S S S S S S S S S S S P S P P Multi-Family Residential P P C C C C C Museum, Art Display, or Art Sales (Private) S P P P P P P P Nightclub (Ord. 6413 §4, 05/06/15) (Ord. 6568 §2, 02/01/17) (Ord. 6621 §7, 05/16/18) S S S C C Office, Medical or Dental P P P P P P P P Office, Other than Listed P P P P P P P P Off-Premise Sign S S S S S Open Air Vending/ Transient Sales Lot (Ord. 6220 §12, 10/17/12) C C C C C Outcall Entertainment Referral Service/ Escort Bureau S S P P P Outdoor Storage (Ord. 6222 §2, 10/17/12) A A P P Package Liquor Off-Sale Establishment (Ord. 6612 § 2, 02/21/2018) S S S S S Click Title for additional information U R- E R- D R- 1 R- SL R- CL R- TH R- 2 R- 3 R- 4 R- MH P- O O C- D C - 1 C- 2 C- PB C- M M Page 463 Table 2 - Permitted Use 19.12.010(B) Parking Facility C C S P P P P P Parking Lot/Sidewalk Sale T T T T T Pawn Shop S S S C Pawn, Auto S C Pet Boarding C C C C Pet Shop C C C C Post Office, Local Service P P C P P P P P Post Office, Regional P P P P Printing & Publishing P P P Private Club, Lodge or Fraternal Organization S P P S P P Private Street C C C C C C C C C C C Public or Private School, Primary S S S S S S S S S S S S S S S S S S S Public or Private School, Secondary S S S S S S S S S S S S S S S S S S S Public Park or Playground P P P P P P P P P P P P P P P P P P P Radio, TV or Microwave Communication Tower S S S S S S P Rail/Transit Yard or Shop P Recreational Vehicle and Boat Storage S C C C Recycling Collection Center C C Rental Store P P P P P Rescue Mission or Shelter for the Homeless S S S Restaurant (Ord. 6222 §3, 10/17/12) C P P P P P P Restaurant with Alcohol S S S S S S S Restaurant with Service Bar C S C C C C C Salvage or Reclamation of Products (Indoor) S P P Salvage or Reclamation of Products (Outdoor) C Satellite Dish C C C C C C C C C C C C C C C C C C C Seasonal Outdoor Sales T T T T T T T Secondhand Dealer C C S C C Click Title for additional information U R- E R- D R- 1 R- SL R- CL R- TH R- 2 R- 3 R- 4 R- MH P- O O C- D C - 1 C- 2 C- PB C- M M Senior Citizen Apartments P P C Sex Offender Counseling Facility S S C C Page 464 Table 2 - Permitted Use 19.12.010(B) Sexually Oriented Business (Ord. 6593 §2, 08/16/17) C C Shopping Center P P P P Short-Term Residential Rental (Ord. 6585 §11, 06/21/17) C C C C C C C C C C C C C C C Single Family, Attached P P P P Single Family, Detached P P P P P P P P P P P Single Family, Zero Lot Line C C Single Room Occupancy Residence S P Slaughtering and Processing of Live Poultry S S S P Small Wind Energy System C C C C C C C C C C C C C Social Event with Alcoholic Beverage Sales S S S S S S S S Social Service Provider S S C C S C C Social Use Venue (Ord. 6684 §4, 05/01/19) S S S S Solar Panel C C C C C C C C C C C C C C C C C C C Sound Stage S S P P P Swap Meet S S C C Tattoo Parlor/Body Piercing Studio S S P P Tavern-Limited Establishment S S S S S Taxicab/Limo Yard P P Teen Dance Center C C C C Temporary Contractor's Construction Yard T T T T T T T T T T T T T T T T T T T Temporary Outdoor Commercial Event T T T T T T T Temporary Real Estate Sales Office C C C C C C C C C C C C C C C C C C C Thrift Shop C C C C Time-Share Development C Towing & Impound Yard C C Towing Service (with No Storage) P P P P Townhouse P P P Trade School C P P P P P Click Title for additional information U R- E R- D R- 1 R- SL R- CL R- TH R- 2 R- 3 R- 4 R- MH P- O O C- D C - 1 C- 2 C- PB C- M M Trailer/RV Camp or Park S S P P Page 465 Table 2 - Permitted Use 19.12.010(B) Transit Passenger Facility C C P P Truck Rental S P P Trucking Company S P P Tutoring Center C C C C C C C TV Broadcasting & Other Communication Service S S P P P P Two-Family Dwelling P P P Urban Lounge S S S S Utility Installation, Other Than Listed S S S S S S S S S S S S S S S P P P P Utility Transmission Lines (Class I) C C C C C C C C C C C C C C C C C C C Utility Transmission Line (Class II) S S S S S S S S S S S S S S S S S S S Valet Parking C C C C C C C Vehicle Parking, Storage or Repair in Residential Zoning Districts C C C C C C C C C C C Warehouse/Distribution Center P P P Wedding Chapel P P P P Welding Repair P P Wholesale Showroom Facility P P P P Wireless Communication Facility, Non-Stealth Design (Not Qualifying for Conditional Use Approval) S S S S S S S S S S S S S S S S S S S Wireless Communication Facility, Non-Stealth Design (Qualifying for Conditional Use Approval) C C C C C C C C C C C C C C C C C C C Wireless Communication Facility, Stealth Design C C C C C C C C C C C C C C C C C C C (Ord. 6210 §26 through 55, 09/05/12) (Ord. 6229 §6, 12/19/12) (Ord. 6266 §27, 09/04/13) (Ord. 6270 §9, 09/18/13) (Ord. 6315 §2, 05/07/14) (Ord. 6321 §2 and 3, 05/21/14) (Ord. 6323 §10 through 12, 06/04/14) (Ord. 6339 §2 through 5, 08/07/14) (Ord. 6346 §3, 09/03/14) (Ord. 6396 §2 through 4, 02/04/15) Page 466 (Ord. 6467 §2 through 20, 10/07/15) (Ord. 6505 §1 through 8, 02/03/16) (Ord. 6562 §7 through 12, 01/04/17) (Ord. 6578 §2, 05/03/2017) (Ord. 6585 §10 and 11, 06/21/17) (Ord. 6587 § 2 through 5, 06/21/2017) (Ord. 6593 §2, 08/16/17) (Ord. 6605 §2, 12/06/17) (Ord. 6612 § 2, 02/21/2018) (Ord. 6613 §2, 03/21/18) (Ord. 6649 § 7-8, 10/17/18) 19.12.020 Accessory Uses and Structures A. General An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land shall be permitted as an accessory use without being separately listed as a permitted use. B. Particular Accessory Uses In any residential zoning district, each of the following uses shall be considered an accessory use to the extent described, without being separately listed in the Land Use Tables, provided in each case that the use is incidental to the property's use as a dwelling and does not alter the character of its use as a dwelling of the character permitted in the respective district: 1. Garage or yard sales, provided that: a. No property may be offered for sale which has not been owned and used by the occupant of the premises; b. No more than two garage or yard sales shall be conducted on the premises in any calendar year; c. No garage or yard sale shall be conducted for longer than three days duration; d. Garage or yard sales may be conducted during the daylight hours only; and e. All signage shall conform to the provisions of LVMC 19.06.140 (D)(5). 2. On a single family residential lot, the parking of a motor vehicle that bears a sign advertising the vehicle for sale, provided that: a. The vehicle is: i. Owned by or registered to an owner or occupant of the property; ii. Parked on an improved parking surface; and iii. Not being sold in connection with an automobile sales business; b. The vehicle identification number is clearly visible from outside the vehicle, if the vehicle was manufactured to include a visible vehicle identification number; c. No more than one vehicle is parked on the lot for purposes of display and sale at any one time; and d. No more than two vehicles are parked on the lot for purposes of display and sale within a twelve month period. C. Unless otherwise permitted by this Title, any type of use listed in Subsection (B) that exceeds the limitations set forth for that use in Subsection (B) does not qualify as an accessory use and shall be deemed to be in violation of this Title. Page 467 19.12.030 Temporary Commercial Permits Temporary uses are permitted in accordance with the standards and procedures found in LVMC 19.12.070 and 19.16.160, respectively. 19.12.040 Conditional Uses A. General Any use that is marked with the letter "C" in the Land Use Tables for a particular zoning district may be approved administratively as a conditional use if certain minimum conditions, identified as conditional use regulations, can be met. A use approved as a conditional use is subject to, and shall comply with: 1. The conditional use regulations that are listed in the Table for that use; and 2. All other applicable requirements of this Title. B. Special Use Permit Required Expect as otherwise specifically provided regarding a particular use, when one or more of the itemized conditional use regulations cannot or will not be met, a Special Use Permit is required for the use. Approval of such a Special Use Permit may be conditioned on requirements beyond those that are itemized as conditional use regulations for that use, including the Minimum Special Use Permit Requirements listed for that use in Section 19.12.070. Section 19.12.070 may include Minimum Special Use Permit Requirements for a particular use even if Table 2 of the Land Use Tables in Section 19.12.010 does not indicate an "S" for that use, in acknowledgement of the effect of the first sentence of this Subsection (B). C. Conditional Use Verification Uses that are permitted conditionally pursuant to this Section are made subject to conditional use regulation, some of which are conditions that must be met before a use may commence and others that represent ongoing requirements or limitations. In order for the Department to verify compliance with the applicable conditional use regulations, the Director may require the submission of documentation regarding such compliance. For uses concerning which the Director requires such documentation, the submission shall be in the form of a Conditional Use Verification provided by the Department. Within the time period for submission established by the Department, the form must be signed, notarized and acknowledged, and filed with the Department. The form must be signed by the owner of record of the property for which the verification is sought; provided however, that such submission is also sufficient if it is signed and acknowledged by a lessee, a contract purchaser or an optionee of the property upon which such conditional use is maintained. However, interest in such property must exist in a written agreement with the owner of the record attached to which is a copy of the submission and in which the owner of record has authorized the lessee, contract purchaser or optionee to sign the submission. D. Noncompliance Whether or not the Director requires the submittal of a Conditional Use Verification under Subsection (C) of this Section, each person or entity maintaining, operating or permitting a conditional use must comply with all provisions of this Title. Failure to comply with this Section or with any other requirement of this Title pertaining to conditional uses shall be grounds for enforcement action pursuant to LVMC 19.00.090 against the person or entity that owns the property or the person or entity that operated the conditional use. 19.12.050 Special Use Permits A. General Page 468 Except as otherwise provided in this Subsection (A), any use that is marked with the letter "S" in the Land Use Tables for a particular zoning district may be permitted only by means of a Special Use Permit. A Special Use Permit may also be required by other provisions of law for other activities that are not listed as a use in the Land Use Tables. Notwithstanding the provisions of the first sentence of this Subsection (A), alcoholic beverage-related uses with an on-sale component that are ancillary to a non-restricted gaming establishment operated in conjunction with a hotel having more than two hundred rooms are deemed to be part of that use and are allowed without regard to the requirements of LVMC Chapter 19.12 provided that each such use otherwise conforms to the provisions of this Title and LVMC Chapters 6.40 and 6.50. B. Conditions and Requirements of Approval. Any use approved by means of a Special Use Permit is subject to, and shall comply with: 1. The Special Use Permit requirements, if any, that are listed in LVMC 19.12.070 for that use, which are the minimum conditions required for approval; 2. Other or additional requirements that may be imposed as conditions of Special Use Permit approval in order to ensure compatibility of the use in relation to surrounding uses and the pattern of development; and 3. All other applicable requirements of this Title. C. Waivers. The Special Use Permit requirements listed in LVMC 19.12.070 must be satisfied unless it can be shown by convincing and substantial evidence by the applicant that any waiver of these requirements will not compromise the objective of the City in safeguarding the interests of the City and the public. However, it shall not be permissible to waive any Special Use Permit requirement that is listed in LVMC 19.12.070 and marked with an asterisk (*). 19.12.060 Parking Requirements A. The minimum number of on-site parking spaces for uses listed in Table 2 of LVMC 19.12.010 shall be as listed in LVMC 19.12.070 for each use. B. Parking requirements for a use not specifically listed shall be determined by the Director based on the requirements for the closest comparable use and on the particular parking demand and trip generation characteristics of the proposed use. C. Parking requirements for a use within a Form-Based zoning district shall follow the provisions of LVMC 19.09.100.G. (Ord. 6649 § 7-8, 10/17/18) 19.12.070 Permissible Use Descriptions and Applicable Conditions and Requirements The descriptions contained hereunder for each identified land use generally correspond to the definition for that use that appears in LVMC 19.18.020. In each such case, the description that appears in this Section is for convenience of reference only and is not intended to supersede any corresponding definition in LVMC 19.18.020, which shall prevail in the event of conflict. Accessory Structure (Class I) Description: An accessory structure which is located on the same residential parcel as a principal dwelling and which, as an ancillary use, provides living quarters, including full kitchen facilities, for the occupants of the principal dwelling or their tenants, domestic employees or temporary guests. Minimum Special Use Permit Requirements: * 1. The size of the lot or parcel must exceed 6500 square feet. 2. Unless the principal dwelling is owner-occupied, a Class I accessory structure may not be offered or occupied as a rental unit. Page 469 On-site Parking Requirement: One additional parking space must be provided beyond the number of spaces normally required. Accessory Structure (Class II) Description: An accessory structure which is located on the same lot as a principal structure, is detached therefrom, is incidental or subordinate thereto, and does not qualify as an "Accessory Structure (Class I)." Conditional Use Regulations: 1. The use shall comply with all provisions of Section 19.06.040 applicable to accessory structure. 2. Any use that does not comply may be permitted only by means of a Variance. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use on the site. Airport, Heliport or Landing Field Description: Any area of land designated and set aside for the landing and taking off of any aircraft regulated by the Federal Aviation Administration, together with related refueling and terminal facilities. On-site Parking Requirement: One space for each 100 square feet of public lobby area. Animal Hospital, Clinic, or Shelter (with Outside Pens) Description: A facility that: 1. Provides medical or surgical treatment for animals or pets, as well as shelter and care during the time of such treatment; 2. Uses outdoor pens in providing such shelter and care. On-site Parking Requirement: One space for every 2 on-duty employees, plus one space per doctor and one space per examination room. Animal Hospital, Clinic, or Shelter (with No Outside Pens) Description: A facility that: 1. Provides medical or surgical treatment for animals or pets, as well as shelter and care during the time of such treatment; and 2. Does not use any outdoor pens in providing such shelter and care. Conditional Use Regulations: 1. The use shall have access to a collector street or larger. 2. Animals shall be confined within an enclosed building at all times. 3. The building shall be designed to provide complete sound barriers and odor protection for adjacent properties. 4. Rooms containing cages or pens are not permitted to have windows, doors or other penetrations on exterior walls adjacent to residences. 5. Noise levels must comply with the applicable provisions of LVMC Title 7. 6. No more than 25% of the floor area may be used for the boarding of animals. On-site Parking Requirement: One space for every 2 on-duty employees, plus one space per doctor and one space per examination room. Animal Keeping & Husbandry Page 470 Description: The raising, keeping and breeding of domestic or non-domestic animals. The use must be ancillary to the principal use, but may be conducted for commercial purposes. The use includes the keeping of animals for the development of animal products such as meat, fur or eggs, but does not include the keeping of animals as household pets or the breeding of domestic dogs and cats pursuant to and in accordance with the Home Occupation Permit provisions of LVMC 19.16.180. Conditional Use Regulations: 1. With respect to domestic animals: a. The applicant must submit to the Department, for administrative review and approval, a site plan with notes indicating the number and types of animals to be kept or reproduced on the premises. b. No more than three sheep or goats may be kept for each 20,000 square feet of land included in the building site. c. All operations and activities shall be in accordance with LVMC Title 7. d. No more than one horse or cow is permitted for each 7,500 square feet of lot area. e. In the R-D Zoning District, no more than two horses may be stabled on the building site, and the site must have a minimum net lot size of 18,000 square feet. f. No cattle may be kept at any location south of Cheyenne Avenue. g. Crowing roosters are prohibited. h. In the R-1 and R-MH Zoning Districts, the use is limited to the keeping of chickens, in each case subject to the following limitations and requirements: i. The lot must be developed with a single family residence. ii. No more than ten chickens (hens) may be kept, and they must be kept solely for the production of eggs for personal consumption by the residents of the property. Chickens shall not be bred for sale or raised for slaughter. iii. Chickens must be contained at all times within a coop with a fenced-in run that is easily cleaned, well ventilated and large enough to provide for the free movement of the chickens. iv. Coop structures shall not be located closer than 20 feet to any primary structure on an adjacent lot. v. Except as otherwise approved by means of a Variance, coop structures shall comply with all requirements of LVMC Chapters 19.06 and 19.12 for an Accessory Structure (Class II) other than the requirement of aesthetic compatibility. vi. The property shall be maintained free of animal waste at all times, and shall comply with applicable requirements of LVMC Chapter 9.40 regarding odor nuisances. 2. With respect to non-domestic animals: a. Animals shall be confined at all times within a secured, enclosed or fenced area. b. Animals which are kept outdoors must be located at least 1,500 feet from any residential dwelling, school, individual care center licensed for more than 12 children or public park. c. The site must have a minimum area of two acres. d. All operations and activities shall be in accordance with LVMC Title 7. e. Non-domestic animals are prohibited in the R4 and R-MH Zoning Districts. 3. Whether animals are domestic or non-domestic: a. All structures must comply with applicable building and fire code requirements. b. In the C-PB, C-M and M Zoning Districts, the use shall be conducted entirely within an enclosed space, except that up to one quarter of the area containing the use may be located in the open air for ancillary educational purposes. Minimum Special Use Permit Requirements: Page 471 *1. All operations and activities shall comply with the requirements of LVMC Title 7. *2. All structures must comply with applicable building and fire code requirements. *3. With respect to domestic animals: a. Crowing roosters are prohibited. b. In the R-1 and R-MH Zoning Districts, the use is limited to the keeping of chickens, in each case subject to the following limitations and requirements: i. The lot must be developed with a single family residence. ii. Chickens (hens) may be kept solely for the production of eggs for personal consumption by the residents of the property. Chickens shall not be bred for sale or raised for slaughter. iii. Chickens must be contained at all times within a coop with a fenced-in run that is easily cleaned, well ventilated and large enough to provide for the free movement of the chickens. iv. The property shall be maintained free of animal waste at all times, and shall comply with applicable requirements of LVMC Chapter 9.40 regarding odor nuisances. v. Except as otherwise approved by means of a Variance, coop structures shall comply with all requirements of LVMC Chapters 19.06 and 19.12 for an Accessory Structure (Class II) other than the requirement of aesthetic compatibility. *4. Non-domestic animals are prohibited in the R-1 and R-MH Zoning Districts. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use on the site. (Ord. 6229 §8, 12/19/12) (Ord. 6341 §2, 09/03/14) (Ord. 6613 §3 and 4, 03/21/18) (Ord. 6659 §2, 11/21/18) Asphalt or Concrete Batch Plant Description: A permanent facility or area for the mixing of concrete or asphalt. On-site Parking Requirement: One space for each employee on the largest shift, plus one space for each facility vehicle. Assisted Living Apartments Description: An apartment or apartment complex which provides personal care services to senior citizens for daily living needs. Such services may include, but are not limited to, preparation and service of meals, housekeeping, laundry, monitoring of rooms, monitoring of medication, or assistance with bathing. This use includes commercial uses that are ancillary to an apartment complex as long as the total amount of floor space dedicated to such uses does not exceed five percent of the total gross floor area of the apartment complex and there is no external signage for, nor external access to, the commercial uses. This use does not include a convalescent care facility, nursing home or other medical facility that is specifically defined in LVMC Chapter 19.18 . On-site Parking Requirement: One space per three residents. Auction House Description: An enclosed establishment for the temporary storage and offering by an auctioneer of qualified property which is offered or sold to the highest bidder by means of a request or invitation for bids. For purposes of this description, the term "qualified property" means property of any kind belonging to another, but excluding animals, motor vehicles and business inventory to be liquidated following or in connection with the closing of a business. This use does not include a secondhand dealer. Page 472 Conditional Use Regulations: 1. Temporary storage shall be limited to three weeks or less. 2. No outdoor display, sales or storage of any merchandise shall be permitted. 3. The use shall comply with the applicable requirements of LVMC Title 6. 4. The installation and use of an outside public address system or bell system is prohibited. 5. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. Minimum Special Use Permit Requirements: * 1. Temporary storage shall be limited to three weeks or less. 2. No outdoor display, sales or storage of any merchandise shall be permitted. 3. The use shall comply with the applicable requirements of LVMC Title 6. 4. The installation and use of an outside public address system or bell system is prohibited. 5. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. On-site Parking Requirement: One space for each 2 fixed seats, or one space for each 50 square feet of non-fixed seating area in the assembly area. Where fixed seating consists of benches, each 20 linear inches of bench shall be considered one seat. Auto Broker Description: A facility or area used primarily for the wholesaling of used motor vehicles, typically on an intermediary basis between an auction house and a used car dealership. This use does not include a facility or area used for the retail sales of used vehicles. Conditional Use Regulations: 1. No more than 2 vehicles may be displayed or stored on the property. 2. The installation and use of an outside public address system or bell system is prohibited. 3. No used or discarded automotive parts or equipment shall be located in any open area outside of an enclosed building. 4. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. 5. The repair or servicing of vehicles is not allowed. 6. No retail sales of vehicles is allowed. 7. The Special Use Permit provisions of Section 19.12.050(B) do not apply to an auto broker use. On-site Parking Requirement: One space for each 300 square feet of gross floor area, plus two additional spaces for vehicle display. Auto Dealer Inventory Storage Description: The parking or storage, other than for purposes of display, of new motor vehicles which constitute inventory of a new motor vehicle sales dealership, where such parking or storage is maintained by the dealership either on the same parcel as the dealership or on a separate parcel. Conditional Use Regulations: 1. All loading and unloading of vehicles shall occur on site. 2. Loading and unloading of vehicles shall occur between the hours of 7:00 am and 10:00 pm. 3. All areas used for the parking or storage of vehicles shall be paved. Page 473 4. Stored vehicles shall be effectively screened so as not to be visible from adjoining properties or public rights-of-way. 5. The parcel must be located on a primary or secondary thoroughfare, or on a parcel that is adjacent to and accessed through a parcel located on a primary or secondary thoroughfare. 6. Lighting shall be shielded from adjacent properties. 7. The use shall not occupy or interfere with any parking spaces that are required for the dealership use or any other existing or proposed use for which required parking is or will be provided on the site. For commercial or industrial sites 15 acres or greater in size, the use may occupy up to 50 percent of the parking area that is provided in excess of the parking that is required by this Section for other uses. 8. The use shall not be located adjacent to any property zoned R-E, R-D, R-1, R-SL or R-CL unless that property has been developed with a nonresidential use. Minimum Special Use Permit Requirements: * 1. All loading and unloading of vehicles shall occur on site. * 2. Loading and unloading of vehicles shall occur between the hours of 7:00 am and 10:00 pm. 3. All areas used for the parking or storage of vehicles shall be paved. 4. Stored vehicles shall be effectively screened so as not to be visible from adjoining properties or public rights-of-way. 5. The parcel must be located on a primary or secondary thoroughfare, or on a parcel that is adjacent to and accessed through a parcel located on a primary or secondary thoroughfare. 6. Lighting shall be shielded from adjacent properties. 7. The use shall not occupy or interfere with any parking spaces that are required for the dealership use or any other existing or proposed use for which required parking is or will be provided on the site. For commercial or industrial sites 15 acres or greater in size, the use may occupy up to 50 percent of the parking area that is provided in excess of the parking that is required by this Section for other uses. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Auto Parts (Accessory Installation) Description: A facility for the retail sale and installation of auto accessories such as stereos, alarms and other types of accessories. Conditional Use Regulations: 1. The use is limited to the installation of auto accessories and minor parts only, including stereos, car alarms, other accessories, batteries, windshield wipers, hoses, fuses, lights, radios and similar minor elements, and excludes engine, transmission and differential service, repair or installation. 2. All installation work shall be done within a completely enclosed building. 3. No dismantling, re-manufacturing or rebuilding shall be permitted. On-site Parking Requirement: Five spaces, plus one space for each 200 square feet of gross floor area. Auto Parts (New & Rebuilt) Description: A facility for the retail sale and installation of lubricating oils, tires, filters and other new or rebuilt goods for use in motor vehicles. The resurfacing of rotors, pressing of bearings, grinding of brake drums, and similar activities are permitted as incidental uses, as well as the installation of auto accessories. Conditional Use Regulations: 1. If an installation service is offered, the service shall be restricted to the installation of auto accessories and minor parts only, including stereos, car alarms, other accessories, batteries, windshield wipers, hoses, fuses, lights, radios and similar minor elements, and excludes engine, transmission and differential service, repair or installation. Page 474 2. All installation work shall be done within a completely enclosed building. 3. No dismantling, re-manufacturing or rebuilding shall be permitted. On-site Parking Requirement: Five spaces, plus one space for each 200 square feet of gross floor area. Auto Repair Garage, Major Description: A facility for the repair or reconditioning of any type of motorized vehicle, other than the types of repair and service authorized to be performed in a minor auto repair garage. This use includes a facility that provides collision services, including body, frame, or fender straightening, repair and painting of vehicles in an appropriate paint booth, and a facility that performs any repairs to vehicles with a gross vehicle weight over 10,000 pounds. Conditional Use Regulations: 1. All repair and service work shall be performed within a completely enclosed building. 2. All disabled vehicles shall be stored on a concrete or asphalt surface in an area which is screened from view from the surrounding properties and adjoining streets, pursuant to LVMC 19.08.040. 3. Outdoor hoists are prohibited. 4. All hazardous materials resulting from the repair, storage, or dismantling of vehicles shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable Federal, State, and local regulations. 5. No vehicle may be parked on the premises for the purpose of offering the vehicle for sale. 6. Outdoor bells and loudspeakers are prohibited. 7. This use shall not be located adjacent to any property zoned R-E, R-D, R-1, R-SL or R-CL unless that property has been developed with a nonresidential use. (C-2 only) On-site Parking Requirement: Five spaces, plus one space for each 200 square feet of gross floor area. Auto Repair Garage, Minor Description: A facility for the performance of minor repairs and service on vehicles of 10,000 pounds gross vehicle weight or less. Such repairs and service are limited to electronic tune-ups, brake repairs (including drum turning), air conditioning repairs, generator and starter repairs, tire repairs, front end alignments, battery recharging, lubrication, selling/installing minor parts and accessories, and other similar activities. This use also includes the repair and installation of other minor elements of an automobile such as windshield wipers, hoses, windows, etc., but excludes general engine repairs, engine installation, and the repair and installation of transmissions and differentials. Conditional Use Regulations: 1. All repair and service work shall be performed within a completely enclosed building. 2. All disabled vehicles shall be stored on a concrete or asphalt surface in an area which is screened from view from the surrounding properties and adjoining streets, pursuant to LVMC 19.08.040. Vehicles shall not be stored on the property longer than 45 days. On-site Parking Requirement: Five spaces, plus one space for each 200 square feet of gross floor area. Auto Sales Showroom Description: A completely enclosed facility for the display, storage and sale (or leasing) of new or used automobiles and trucks, along with related accessories. This use does not include a motor vehicle sales use as defined in this Title and does not include any ancillary activity normally associated with such uses, including without limitation the service, repair and rental of vehicles. On-site Parking Requirement: One space per 250 square feet of gross floor area. Auto Smog Check Page 475 Description: A facility for the testing of vehicle emissions. Conditional Use Regulations: 1. The facility must have a minimum size of 400 square feet, of which a minimum of 200 square feet must be an enclosed structure, with the remainder of the facility allowed to be located under service canopies. At least one area the size of a standard parking space shall be provided at each facility for the testing of vehicles. 2. All equipment must be stored and utilized within the enclosed structure. 3. If conducted as an accessory use to a general retail use, minor auto repair facility, or major auto repair facility, the auto smog check facility shall be designed to be architecturally compatible with the primary building on the site. 4. When operated as a primary use, no other automobile repair shall be permitted in conjunction with the facility. 5. Each facility shall have a stacking lane that will accommodate at least 3 cars, including the vehicle being tested. As an alternative to the requirement in the preceding sentence, a facility may designate two parking spaces for stacking, in addition to the testing area required by Conditional Use Regulation 1. On-site Parking Requirement: One space, independent of vehicle stacking and testing spaces. No parking spaces required for this use or another on-site use shall be used or eliminated in order to provide testing services. Auto Title Loan Description: A business whose primary function is to lend money on the security of the title to a motor vehicle rather than on the security of the vehicle itself. Conditional Use Regulations: 1. The use shall comply with all applicable requirements of LVMC Title 6. 2. The building design and color scheme shall be subject to review by the Department to ensure that it will be harmonious and compatible with the surrounding area. 3. No temporary signs (as described in LVMC 19.14.090) such as balloons, inflated devices, searchlights, pennants, portable billboards, portable signs, streamers, trucks parked for signage purposes, or other similar devices are permitted, except that banners announcing a "grand opening" or that a business is "coming soon" may be approved administratively for a period not to exceed 30 days. 4. Window signs shall not: a. Cover more than 20 percent of the area of all exterior windows; b. Include flashing lights or neon lighting; or c. Include any text other than text that indicates the hours of operation and whether the business is open or closed. 5. The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m. 6. The building or portion thereof that is dedicated to the use shall have a minimum size of 1500 square feet, and shall be designed to have sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space (such as "teller" windows or desks). 7. No auto title loan use may be located closer than 200 feet from any parcel used or zoned for residential use. In addition, no auto title loan use may be located closer than 1000 feet from any other auto title loan use, auto pawn use or specified financial institution use. For purposes of this Regulation 7, distances shall be measured in a straight line from property line to property line, without regard to intervening obstacles. The term "property line" refers to property lines of fee interest parcels and not leasehold parcels. Minimum Special Use Permit Requirements: * 1. The use shall comply with all applicable requirements of LVMC Title 6. * 2. The building design and color scheme shall be subject to review by the Department to ensure that it will be harmonious and compatible with the surrounding area. Page 476 3. No temporary signs (as described in LVMC 19.08.120(G)) such as balloons, inflated devices, searchlights, pennants, portable billboards, portable signs, streamers, trucks parked for signage purposes, or other similar devices are permitted, except that banners announcing a "grand opening" or that a business is "coming soon" may be approved administratively for a period not to exceed 30 days. 4. Window signs shall not: a. Cover more than 20 percent of the area of all exterior windows; b. Include flashing lights or neon lighting; or c. Include any text other than text that indicates the hours of operation and whether the business is open or closed. 5. The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m. 6. The building or portion thereof that is dedicated to the use shall have a minimum size of 1500 square feet, and shall be designed to have sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space (such as "teller" windows or desks). 7. No auto title loan use may be located closer than 200 feet from any parcel used or zoned for residential use. In addition, no auto title loan use may be located closer than 1000 feet from any other auto title loan use, auto pawn use or specified financial institution use. For purposes of this Requirement 7, distances shall be measured in a straight line from property line to property line, without regard to intervening obstacles. The term "property line" refers to property lines of fee interest parcels and not leasehold parcels. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Vehicles whose title is serving as security for a loan may not be parked or stored in parking spaces that are designated as required on-site parking. Any parking or storage of such vehicles must occur only in spaces that are in excess of the required minimum parking. Automobile Rental Description: A facility for the rental of new or used automobiles or other passenger vehicles. For purposes of the limitations of this Title on outside storage, vehicles kept on a lot for rental purposes are not considered to be outside storage. Conditional Use Regulations: 1. The minimum site area designated for rental services shall be 25,000 square feet. 2. The installation and use of an outside public address or bell system is prohibited. 3. No used or discarded automotive parts or equipment shall be located or stored in any open area outside of an enclosed building. 4. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. 5. Service bays for repairs, installations, cleaning or gas dispensing services facing a public street or a residential zoning district shall be screened to a height of at least 8 feet. Minimum Special Use Permit Requirements: 1. No more than 5 rental vehicles shall be stored on the site at any one time. 2. No vehicles shall be offered for sale on the premises. 3. The installation and use of an outside public address or bell system is prohibited. 4. No used or discarded automotive parts or equipment shall be located or stored in any open area outside of an enclosed building. 5. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. Page 477 6. Service bays for repairs, installations, cleaning or gas dispensing services facing a public street or a residential zoning district shall be screened to a height of at least 8 feet. On-site Parking Requirement: One space for each 200 square feet of gross floor area. Automobile Repossession Agency Description: Any parking area used for the storage of up to 2 operable vehicles which have been repossessed by or on behalf of a lender, together with related office operations. This use does not include the storage of more than 2 vehicles, which shall be treated as if the use were motor vehicles sales. Conditional Use Regulations: 1. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. 2. No vehicle repair or maintenance shall take place on the premises. 3. No used or discarded automotive parts or equipment shall be located in any open areas. On-site Parking Requirement: One space for each 200 square feet of gross floor area. Bailbond Service Description: An establishment that makes available to the public undertakings of bail in connection with judicial proceedings. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Banquet Facility Description: An establishment which is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries, and other similar celebrations. Such a use may or may not include: 1. Kitchen facilities for the preparation or catering of food; 2. The sale of alcoholic beverages for on-premises consumption, only during an event; and 3. Outdoor gardens or reception facilities. On-site Parking Requirement: One space per 100 square feet of gross floor area. Beer/Wine/Cooler Cultural Establishment Description: An establishment : 1. Whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers for consumption only: a. At a museum, performing arts theater, or facility licensed as an art studio or otherwise licensed for art sales or display (or both); and b. During the hours of an artistic exhibition, presentation or performance; and 2. That meets the Minimum Special Use Permit Requirements set forth below. Minimum Special Use Permit Requirements: 1. No gaming is permitted as part of this Special Use Permit. 2. The use must conform to the provisions of LVMC Chapter 6.50. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. (Ord. 6244 §2, 04/03/13) Beer/Wine/Cooler Off-Sale Establishment Page 478 Description: An establishment whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where business is conducted, and is operated in connection with a grocery store, drugstore, convenience store, restaurant, general retail store or ancillary brew pub (as the last is referenced in LVMC 6.50.085). Minimum Special Use Permit Requirements: * 1. Except as otherwise provided, no beer/wine/cooler off-sale establishment (hereinafter "establishment") shall be located within 400 feet of any church/house of worship, school, individual care center licensed for more than 12 children, or City park. * 2. Except as otherwise provided in Requirement 3 below, the distances referred to in Requirement 1 shall be determined with reference to the shortest distance between two property lines, one being the property line of the proposed establishment which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed establishment. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks access to a public street or has no area for on-site parking and which has been created so as to avoid the distance limitation described in Requirement 1. * 3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in size, the minimum distances referred to in Requirement 1 shall be measured in a straight line: a. From the nearest property line of the existing use to the nearest portion of the structure in which the establishment will be located, without regard to intervening obstacles; or b. In the case of a proposed establishment which will be located within a shopping center or other multiple tenant structure, from the nearest property line of the existing use to the nearest property line of a leasehold or occupancy parcel in which the establishment will be located, without regard to intervening obstacles. 4. When considering a Special Use Permit application for an establishment which also requires a waiver of the distance limitation in Requirement 1, the Planning Commission shall take into consideration the distance policy and shall, as part of its recommendation to the City Council, state whether the distance requirement should be waived and the reasons in support of the decision. 5. The minimum distance requirements in Requirement 1 do not apply to: a. An establishment which has a nonrestricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992 or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992; or b. A proposed establishment having more than 50,000 square feet of retail floor space. * 6. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC Chapter 6.50. 7. The minimum distance requirements set forth in Requirement 1, which are otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be waived: a. In accordance with the provisions of LVMC 19.12.050(C) for any establishment which is proposed to be located on a parcel within the Downtown Casino Overlay District; b. In accordance with the applicable provisions of the "Town Center Development Standards Manual" for any establishment which is proposed to be located within the T-C (Town Center) Zoning District and which is designated MS- TC (Main Street Mixed Use) in the Town Center Land Use Plan; c. In connection with a proposed establishment having between 20,000 square feet and 50,000 square feet of retail floor space, if no more than 10 percent of the retail floor space is regularly devoted to the display or merchandising of alcoholic beverages; or Page 479 d. In connection with a retail establishment having less than 20,000 square feet of retail floor space, if the area to be used for the sale, display or merchandising of alcoholic beverages and each use to be protected are separated by a highway or a right of way with a width of at least 100 feet. 8. No beer/wine/cooler off-sale establishment shall be permitted on or adjacent to the Pedestrian Mall, as defined in LVMC Chapter 11.68. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. (Ord. 6681 §4, 04/03/19) Beer/Wine/Cooler On- and Off-Sale Establishment Description: An establishment: 1. Whose license to sell alcoholic beverages is generally limited to: a. The sale of beer, wine and coolers for consumption only in connection with a meal on the premises where the business is conducted; and b. The sale of beer, wine and coolers to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where the business is conducted; and 2. That is operated in connection with one of the following: a. Restaurant b. Grocery Store; c. General Retail store d. Convenience store in which 30 or more people may be served with meals at any time at tables or stools; e. Beer wine room with an ancillary brew pub, if in accordance with LVMC 6.50.085; or f. Beer wine room that holds a Nevada license as a brew pub, in in accordance with LVMC 6.50.050(B)(7). Minimum Special Use Permit Requirements: * 1. Except as otherwise provided, no beer/wine/cooler on- and off-sale establishment (hereinafter "establishment") shall be located within 400 feet of any church/house of worship, school, individual care center licensed for more than 12 children, or City park. * 2. Except as otherwise provided in Requirement 3 below, the distances referred to in Requirement 1 shall be determined with reference to the shortest distance between two property lines, one being the property line of the proposed establishment which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed establishment. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks access to a public street or has no area for on site parking and which has been created so as to avoid the distance limitation described in Requirement 1. * 3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in size, the minimum distances referred to in Requirement 1 shall be measured in a straight line: a. From the nearest property line of the existing use to the nearest portion of the structure in which the establishment will be located, without regard to intervening obstacles; or b. In the case of a proposed establishment which will be located within a shopping center or other multiple tenant structure, from the nearest property line of the existing use to the nearest property line of a leasehold or occupancy parcel in which the establishment will be located, without regard to intervening obstacles. Page 480 4. When considering a Special Use Permit application for an establishment which also requires a waiver of the distance limitation in Requirement 1, the Planning Commission shall take into consideration the distance policy and shall, as part of its recommendation to the City Council, state whether the distance requirement should be waived and the reasons in support of the decision. 5. The minimum distance requirements in Requirement 1 do not apply to: a. An establishment which has a nonrestricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992 or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992; or b. A proposed establishment having more than 50,000 square feet of retail floor space. * 6. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC Chapter 6.50. 7. The minimum distance requirements set forth in Requirement 1, which are otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be waived: a. In accordance with the provisions of LVMC 19.12.050(C) for any establishment which is proposed to be located on a parcel within the Downtown Casino Overlay District; b. In accordance with the applicable provisions of the "Town Center Development Standards Manual" for any establishment which is proposed to be located within the T-C (Town Center) Zoning District and which is designated MS-TC (Main Street Mixed Use) in the Town Center Land Use Plan; c. In connection with a proposed establishment having between 20,000 square feet and 50,000 square feet of retail floor space, if no more than 10 percent of the retail floor space is regularly devoted to the display or merchandising of alcoholic beverages; or d. In connection with a retail establishment having less than 20,000 square feet of retail floor space, if the area to be used for the sale, display or merchandising of alcoholic beverages and each use to be protected are separated by a highway or a right of way with a width of at least 100 feet. 8. Except for a grocery store as defined by LVMC 6.50.020 that contains not less than twelve thousand square feet of gross internal floor area, no establishment shall be permitted on or adjacent to the Pedestrian Mall, as defined in LVMC Chapter 11.68. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. (Ord. 6681 §5, 04/03/19) Beer/Wine/Cooler On-Sale Establishment Description: An establishment whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers only for consumption on the premises where the same is sold. Conditional Use Regulations: 1. Except as otherwise provided, any beer/wine/cooler on-sale establishment (hereinafter "establishment") must be more than 400 feet from any church/house of worship, school, individual care center licensed for more than 12 children, or City park. 2. Except as otherwise provided in Regulation 3 below, the distances referred to in Regulation 1 shall be determined with reference to the shortest distance between two property lines, one being the property line of the proposed establishment which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed establishment. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or Page 481 b. Any parcel which lacks access to a public street or has no area for on-site parking and which has been created so as to avoid the distance limitation described in Regulation 1. 3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in size, the minimum distances referred to in Regulation 1 shall be measured in a straight line: a. From the nearest property line of the existing use to the nearest portion of the structure in which the establishment will be located, without regard to intervening obstacles; or b. In the case of a proposed establishment which will be located within a shopping center or other multiple tenant structure, from the nearest property line of the existing use to the nearest property line of a leasehold or occupancy parcel in which the establishment will be located, without regard to intervening obstacles. 4. The minimum distance requirements in Regulation 1 do not apply to: a. An establishment which has a nonrestricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992 or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992; or b. A proposed establishment having more than 50,000 square feet of retail floor space. 5. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC Chapter 6.50. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Blood Plasma Donor Center Description: A building used for the collection of human blood plasma from plasma donors. This use does not include a facility for the provision of medical care or treatment. On-site Parking Requirement: One space for each 200 square feet of gross floor area. Boat & Trailer Dealership (New and Used) Description: The use of any building or lot for the display and sale of new or used boats, jet skis or other marine vessels, along with corresponding trailers. Conditional Use Regulations: 1. The minimum site area shall be 25,000 square feet. 2. No vehicle, boat or trailer service or repair work shall occur except within a fully enclosed structure. Minimum Special Use Permit Requirements: 1. The minimum site area shall be 25,000 square feet. 2. No vehicle, boat or trailer service or repair work shall occur except within a fully enclosed structure. 3. All sales activities and storage shall be within an enclosed structure. (C-1 only). On-site Parking Requirement: One space for each 500 square feet of enclosed gross floor area. Building & Landscape Material/Lumber Yard Description: A facility for the sale of home, lawn and garden supplies and construction materials such as brick, lumber and other similar materials. Minimum Special Use Permit Requirements: * 1. Accessory outdoor storage must meet all requirements of LVMC 19.08.040(E)(4)(e), irrespective of whether or not for purposes of LVMC 19.08.040(E)(4)(e) a Variance from its requirements is granted pursuant to that provision and LVMC 19.16.140. On-site Parking Requirement: One space for each 500 square feet of gross floor area, including any outside sales area. Page 482 Building Maintenance Service and Sales Description: A facility or area for contracting services such as building repair and maintenance, the installation of plumbing, electrical, air conditioning and heating equipment, janitorial services, and exterminating services. The retail sale of supplies is permitted as an accessory use. Conditional Use Regulations: 1. No outdoor storage is allowed. Minimum Special Use Permit Requirements: * 1. Accessory outdoor storage must meet all requirements of LVMC 19.08.040(E)(4)(e), irrespective of whether or not for purposes of LVMC 19.08.040(E)(4)(e) a Variance from its requirements is granted pursuant to that provision and LVMC 19.16.140. * 2. Accessory outdoor storage shall be limited to no more than 10% of the total lot area. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Bus Charter Service & Service Facility Description: Any premises for the transient housing, parking, servicing or repair of motor-driven buses. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Business School Description: A facility or area for instruction and training in secretarial and related office skills, cosmetology, commercial art, computer software, cooking or similar training. On-site Parking Requirement: One space for each staff member, plus one space for every 2 students in class when the school is at maximum capacity. Car Wash, Full Service or Auto Detailing Description: An establishment that provides for the washing, cleaning, waxing or detailing of passenger vehicles, either by means of employees or by means of automated or semi-automated methods of cleaning, or by a combination thereof. Conditional Use Regulations: 1. Each wash bay shall have a stacking lane that will accommodate at least 6 cars. Minimum Special Use Permit Requirements: 1. Each wash bay shall have a stacking lane that will accommodate at least 6 cars. On-site Parking Requirement: One space for each 150 square feet of gross floor area, independent of vehicle stacking space. Car Wash, Self-Service Description: A coin operated car wash facility that is operated by the customer and does not utilize automobile conveyors or other automated or semi-automated methods of cleaning. Conditional Use Regulations: 1. Each stall shall have a stacking lane that will accommodate at least 2 cars. Minimum Special Use Permit Requirements: 1. The hours of operation shall be limited to the period between 7:00 a.m. and 10:00 p.m. 2. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel. Page 483 3. No retail sale of vehicles is allowed. 4. No repair or servicing of vehicles is allowed. 5. The use must not be located within 200 feet of a residential property unless the use is separated from the residential property by a street with a minimum right-of-way width of 80 feet. 6. The applicant must demonstrate that the use can be made inoperable and inaccessible to the public after business hours. 7. Vacuum bays are permitted as part of this use if their operation is in compliance with the other Minimum Special Use Permit Requirements for this use. 8. An attendant must be on the premises during all times the equipment is operational. 9. Each stall shall have a stacking lane that will accommodate at least 2 cars. On-site Parking Requirement: Two spaces per stall, independent of vehicle stacking space. Catering Service Description: A service that provides for the preparation, storage, and delivery of food and food utensils for off-premise consumption. On-site Parking Requirement: One space for each 500 square feet of gross floor area. Cemetery/Mausoleum Description: Property and facilities used for interring of the dead. Conditional Use Regulations: 1. A decorative masonry and/or wrought iron fence with a minimum height of 6 feet shall be constructed around the perimeter of the cemetery site. The wall along the primary street frontage shall be set back a minimum of 35 feet from the front property line. The front yard area shall not be used for interment and shall be landscaped. 2. Cemeteries shall only be allowed on parcels abutting and having access to collector streets or larger. On-site Parking Requirement: One space for each employee on the largest shift. Check Cashing Service, Limited Description: The service of cashing checks for a fee, service charge or other consideration as a service that is supplemental to a retail business that otherwise does not provide services normally associated with a financial institution. The term does not include a general financial institution, specified financial institution, or any business that provides any kind of loan, cash advance, or deferred deposit service. Conditional Use Regulations: 1. The use shall comply with all applicable requirements of Title 6. 2. No loan, cash advance, or deferred deposit service may be provided in connection with this use. 3. No exterior advertising of this use is permitted. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Church/House of Worship Description: Any building used for religious worship services, religious education and fellowship activities and programs of a religious organization. This use includes the use of the building and premises for other related activities, such as child care facilities, formal educational programs, preschool classes and recreational activities, but only when those activities are ancillary to the religious use and only after those uses have been approved by means of a use review or other procedure under LVMC Chapter 19.16. This use does not include any class of child care center, general education classroom or facility, thrift shop, homeless shelter or commercial activity. Minimum Special Use Permit Requirements: Page 484 1. The Special Use Permit approval may include such activities as religious services, religious instruction, church club activities and similar activities. 2. The Special Use Permit approval may also include accessory functions, such as child care facilities, formal educational programs, preschool classes and similar related activities, if: a. The uses are specifically proposed in the application; and b. The Director finds that each such use is ancillary to the primary use. 3. Following approval of a Special Use Permit, if any additional uses not specifically covered by that Special Use Permit are proposed, an additional public hearing process shall be required to add the uses. * 4. In residential districts, related uses such as thrift shops, homeless shelters and other similar activities may not be conducted and are not eligible for approval as part of a Special Use Permit. Such uses may be conducted only in the zoning districts in which such uses are permitted as primary uses, and must receive specific approval to operate. * 5. Churches on sites larger than 5 acres shall not be permitted in the U District or a district with an "R" prefix. On-site Parking Requirement: One space for each 4 fixed seats, or one space for each 100 square feet of non-fixed seating area in the gathering room. Where fixed seating consists of benches or pews, each 20 linear inches of bench or pew shall be considered one seat. Cleaners, Commercial/Industrial Description: A facility or premises which is used for cleaning items in bulk quantities, such as clothing and linens. This use includes diaper cleaning services and cleaning services for hospitals, restaurants, hotels and similar clients, as well as rug and dry cleaning plants, and may include on-premise retail services to individual households as an use incidental to the operation of the plant. Minimum Special Use Permit Requirements: 1. The plant operation shall be within a fully enclosed building. 2. The use shall be at least 50 feet from any property which is zoned P-O, O, DC-O, C-1, or is zoned for any residential use. The distance requirement with respect to a nearby commercially-zoned property may be waived if the applicant demonstrates that the use is compatible with the area. On-site Parking Requirement: One space for each 500 square feet of gross floor area, plus the greater of: 1. One space for each delivery vehicle; or 2. Five spaces. Clinic Description: A facility which is occupied and used for the purpose of providing dental or medical care, and which regularly provides any of those services to the general public on an emergency basis or without appointment. This use does not include a hospital or a facility which provides for the overnight care or overnight stay of patients. Minimum Special Use Permit Requirements: 1. The hours of operation shall be limited to the period between 7:00 a.m. and 9:00 p m. On-site Parking Requirement: One space for each 200 square feet of gross floor area up to 2,000 square feet, plus one space for each additional 250 square feet. Cold Storage Plant Description: A facility for the protective storage of items such as food or furs, in a refrigerated place. On-site Parking Requirement: One space for each 500 square feet of gross floor area. College, University, or Seminary Description: Page 485 1. College or university - An academic institution of higher learning beyond the level of secondary school. 2. Seminary - An institution for the training of candidates for the priesthood, ministry, rabbinate or other religious order. On-site Parking Requirement: One space for every 4 students or trainees. Commercial, Other than Listed Description: Any commercial use not specifically identified in Table 2 of LVMC 19.12.010. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Commercial Recreation/Amusement (Indoor) Description: An enclosed facility or area for sport, entertainment, games of skill, or recreation that is open to use by the general public for a fee. This use includes without limitation bowling alleys, indoor miniature golf courses, roller and ice skating rinks, game courts, swimming pools, walk-in movie theaters, physical fitness centers, gyms, billiard parlors/pool halls, and video arcades. Minimum Special Use Permit Requirements: 1. The use shall not be open to the public between the hours of 9:00 p.m. and 8:00 a.m. 2. The use must be consistent with and authorized by an approved Site Development Plan for an office project, and may not occupy more than 35 percent of the floor area of the project. 3. No structure that houses the use may exceed 35 feet in height. 4. Each structure that houses the use shall be designed to provide reasonable sound barriers for adjoining properties. On-site Parking Requirement: Indoor Miniature Golf Course - Three spaces per hole Skating Rink - One space for each 150 square feet of rink area Indoor Game Courts - Three spaces per court Walk-in Theater - One space per 4 seats, plus one space for each employee Video Arcade - One space for each 200 square feet of gross floor area, plus one space per 3 persons that the facility is designed to accommodate at maximum capacity Billiard Parlor/Pool Hall - One space per billiard table Other Uses - One space for each 200 square feet of gross floor area Commercial Recreation/Amusement (Outdoor) Description: An outdoor facility or area for sport, entertainment, games of skill, or recreation that is open to use by the general public for a fee. This use includes without limitation game courts, water slides, golf courses, outdoor miniature golf courses, drive-in theaters, batting cages, practice/instructional fields, amusement parks, amphitheaters, and sports events. On-site Parking Requirement: Miniature Golf Course - Three spaces per hole. Golf Course - Four spaces per hole. Amusement Park - One space per 3 persons that the facilities are designed to accommodate at maximum capacity. Other Uses - One space for each 200 square feet of gross floor area. Community Center, Private (Accessory) Page 486 Description: A facility associated with a planned residential development or multi-family development which provides for community activities for residents of the development. Conditional Use Regulations: 1. The facility must be located on a collector street or larger. 2. The facility shall be limited to a single story in height and shall not exceed 3000 square feet in floor area. 3. The facility shall be designed to be integrated into the community. 4. No retail sales or other commercial activity shall be permitted. 5. The facility shall be for the exclusive use and enjoyment of the residents of the development. On-site Parking Requirement: One space for each 200 square feet of gross floor area. Community Garden Description: An area of land established and used for gardening by a community-based organization or other group of people, with the intent of harvesting vegetables, fruits, flowers and herbs for personal consumption or for sales or distribution to the community on a limited basis. The term does not include a garden that is incidental to a residential use and whose products are intended for use of those residing on the parcel. Conditional Use Regulations: 1. Except as otherwise permitted by the remaining Conditional Use Regulations, all structures shall comply with the development standards applicable to the zoning district in which the use is located. 2. In any residential zone: a. Community garden structures may not exceed 12 feet in height. b. Where a primary structure exists, community garden structures shall comply with the applicable requirements of this Title for an accessory structure. c. Where no primary structure exists, the cumulative gross floor area of all community garden structures shall not exceed 1500 square feet or 15% of the lot size, whichever is less. 3. Any on-site sale or donation of products is limited to products grown on-site and may not take place within a residential dwelling unit. 4. Any on-site sale of products is limited to once per week and may take place only between the hours of 7:00 a.m. to 7:00 p.m. 5. No item of motorized garden equipment may exceed 25 horsepower. 6. No more than one identification sign is permitted and the area of the sign may not exceed 64 square inches. 7. All sales of products must comply with applicable provisions of LVMC Title 6 as well as other applicable State and local laws and regulations. 8. If unpaved parking is utilized, a dust control permit approved by the Clark County Department of Air Quality and Environmental Management must first be obtained. On-site Parking Requirement: One space per delivery vehicle, if any. (Ord. 6189 § 4, 05/02/12) Community Recreational Facility (Public) Description: A facility which provides for community activities and is available to the general public. On-site Parking Requirement: One space for each 200 square feet of gross floor area. Community Residence (including Family Community Residence and Transitional Community Residence) Page 487 Description: A residential family-like living arrangement for 5 to 10 unrelated individuals with disabilities who are in need of the mutual support furnished by other residents, as well as the support services, if any, provided by the operator of the Community Residence. Residents may be self-governing or supervised by a sponsoring entity or its staff which furnishes habilitative or rehabilitative services related to the needs of the residents. Interrelationships among residents are an essential component of a Community Residence. A Community Residence shall be considered a residential use of property for purposes of all zoning and building codes. However, the Fire Marshal, pursuant to and consistent with the City's Fire Code, may require enhanced fire protection, including the installation of fire sprinklers and other mitigating measures, where one or more residents has a lessened ability to ambulate adequately. The use includes a Family Community Residence and a Transitional Community Residence, but does not include any of the following: 1. Senior Citizen Apartment; 2. Individual Care Center; 3. Convalescent Care Facility/Nursing Home; 4. Facility for Transitional Living for Released Offenders; 5. Facility to Provide Testing, Treatment, or Counseling for Drug and Alcohol Abuse; 6. Hospice; 7. Sex Offender Counseling Facility; 8. Boarding House or Rooming House; 9. Any other group living arrangement for unrelated individuals who are not disabled; or 10. Any of the following, as defined by NRS Chapter 449: a. Facilities for the Treatment of Drug and Alcohol Abuse; b. Modified Medical Detoxification Facilities; c. Transitional Living Facilities for Released Offenders; d. Facility for the Treatment of Narcotics; or e. Community Triage Center. Conditional Use Regulations: 1. Except as otherwise provided in Regulations 2 and 3, a Community Residence may not be located closer than 660 feet to any other Community Residence (measured from property line to property line). 2. Where there is a street, freeway or drainage channel at least 100 feet wide between the proposed Community Residence and an existing Community Residence, the minimum separation requirement is reduced to 100 feet from property line to property line. 3. When the population of proposed Community Residence is of such a nature that its location must be kept confidential for it to function successfully, such as a Community Residence for victims of domestic abuse, the minimum separation requirements set forth in Regulations 1 and 2 above shall not apply. 4. A maximum of 2 persons who function as facility operator or support staff may reside in a Community Residence without being counted toward the 10-resident limit established for that use. Resident operator/support staff in excess of 2 shall be counter toward the 10-person limit. 5. A Community Residence shall comply with all public health and safety requirements including all Building and Fire Code requirements for the dwelling type in question. 6. In Federal or State law or regulations require the proposed Community Residence to be licensed or certified, then the applicant must obtain that required license or certification before commencing operation of the Community Residence. 7. When located in an O, C-1 or C-2 Zoning District, a Community Residence may not be established unless it is part of a mixed-use development. Page 488 8. The operator of the Transitional Community Residence: a. Must require residents to be actively and continuously enrolled in an offsite support program, including without limitation Alcoholics Anonymous or an equivalent program, or b. Must prohibit the use of alcohol and illegal drugs by residents; and c. Upon request and with reasonable notice, must produce evidence satisfactory to the Director or the Code Enforcement Manager residents are in compliance with this Regulation. 9. Occupancy within a Community Residence shall not be made available to any individual whose tenancy would constitute a direct threat to the health and safety of individuals or would result in substantial physical damage to the property of others. The fact that a person is sentenced or referred to a Transitional Community Residence by a judge does not, without other evidence of a person's actual danger to other persons or property, establish that the person is a direct threat to the health and safety of others. 10. The Community Residence must be consistent with the scale and architectural character of the neighborhood. 11. The Special Use Permit provisions of LVMC 19.12.040(B) shall not apply to Regulations 5 through 10 above. 12. In case of a Special Use Permit application that is filed as a consequence of not qualifying for conditional use treatment under Regulations 1 and 2 above, the application must be approved unless the Planning Commission or City Council determines that one or more of the following conditions would occur: a. The building to be occupied as a Community Residence would be established or modified in a manner that would make it inconsistent with the scale and architectural character of the neighborhood. b. The proposed Community Residence, together with existing Community Residences, would alter the residential character of the neighborhood by creating an institutional atmosphere due to the concentration of the Community Residences on a block or adjoining blocks; or c. The application or Community Residence does not or would not comply with Regulations 5 through 10 above. On-site Parking Requirement: Two spaces per dwelling unit. Construction Material Supply Yard Description: A facility for the storage and sales of construction materials. On-site Parking Requirement: One space for each 500 square feet of gross yard area. Contractor's Plant, Shop & Storage Yard Description: A facility for the storage and maintenance of contractor's supplies and operational equipment, including accessory office uses. On-site Parking Requirement: One space for each 500 square feet of gross floor area. Convalescent Care Facility/Nursing Home Description: A building or structure designed, used, or intended to be used to house and provide care for persons who have a chronic physical or mental illness or infirmity, but who do not need medical, surgical or other specialized treatment normally provided by a hospital. This use includes a "rest home" and "nursing home," as well as a use that would qualify as a Community Residence except for the limitation on the number of residents, but does not include an "assisted living apartment," "hospital" or other medical facility that is specifically defined in LVMC Chapter 19.18. Conditional Use Regulations: R-3 through R-4 Districts 1. The minimum parcel size shall be 10,000 square feet. 2. The maximum number of beds per acre of land shall be 50. 3. The facility must be located on a collector street or larger. Page 489 Minimum Special Use Permit Requirements: U through R-2 Districts 1. The minimum parcel size shall be 20,000 square feet. 2. The maximum number of beds per acre shall be 25. 3. Setbacks for buildings shall be the same as required for a single family dwelling in the zoning district where located. 4. The maximum building height shall be 2 stories. 5. The facility must be located on a collector street or larger. O District 1. The minimum parcel size shall be 10,000 square feet. 2. The maximum number of beds per acre of land shall be 50. 3. The facility must be located on a collector street or larger. On-site Parking Requirement: One space for each 6 beds, plus one space for each employee on the largest shift, plus 3 spaces for use by medical professionals. Convent or Monastery Description: A house or set of buildings used as a residence by persons under religious vows. On-site Parking Requirement: One space per three beds. Copy Center Description: A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include but are not limited to, photocopying, small offset printing, blueprint, and facsimile sending and receiving. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Country Club, Private Description: A facility that is made available for use on a membership basis for recreational or athletic purposes, where membership is limited and the use of the facility is primarily restricted to members and their guests. This use includes accessory uses, such as: 1. A clubhouse. 2. Retail and restaurant facilities which do not have separate signage or advertising. On-site Parking Requirement: One space for each 200 square feet of gross floor area. Crematory Description: A facility used for the cremation of corpses. Conditional Use Regulations: 1. All operations shall be within a completely enclosed building. 2. There shall be no audible or noticeable indication of the use outside of the building. 3. All structures shall be set back 100 feet from any residential use. On-site Parking Requirement: If operated in conjunction with a mortuary or funeral chapel, one space for each 4 fixed seats or one space for each 100 square feet of non-fixed seating area in the gathering room, whichever is greater. If operated otherwise, one space for each employee on the largest shift. Crop Production Page 490 Description: An area for raising or harvesting agricultural crops, generally operated on a large-scale commercial basis with accompanying wholesale and retail sales. This use does not include a marijuana cultivation facility, a community garden, a garden that is incidental to a residential use whose products are intended for the use of those residing on the parcel, or any other use involving the production of plant material that is specifically defined in this Title. Conditional Use Regulations: 1. The use shall be conducted entirely within an enclosed space, except that up to one quarter of the area containing the use may be located in the open air for ancillary educational purposes. On-site Parking Requirement: One space for each employee on the largest shift. (Ord. 6189 § 2, 05/02/12) (Ord. 6587 § 2, 06/21/2017) Custodial Institution Description: One or more buildings and related facilities used for the housing or detention of persons who have been charged with or have been convicted of felonies or misdemeanors. On-site Parking Requirement: One space for each 20 inmates at full capacity. Custom & Craft Work Description: A facility for the production of finished, personal or household items which are either made to order or involve considerable handwork. Examples include, but are not limited to, textiles, pottery, furniture repair or refinishing, woodworking, upholstery, sculpting and other work or wood products on an individualized single item basis. This use does not include cabinetmaking, cabinet assembly or the use of mechanized assembly line production. Conditional Use Regulations: 1. All work shall be performed within an enclosed building. 2. All outside storage shall be screened from view from public streets and adjacent properties. Minimum Special Use Permit Requirements: 1. All work shall be performed within an enclosed building. 2. All outside storage shall be screened from view from public streets and adjacent properties. On-site Parking Requirement: One space for each 500 square feet of gross floor area. Daily Labor Service Description: Any building or premises which serves as a staging point or gathering place for persons who are seeking immediate employment in daily labor activities and who accept or are assigned such employment in accordance with whatever employment is available on that particular day. For purposes of this paragraph, "daily labor" means manual labor, including without limitation, construction cleanup, garbage pickup and removal, demolition, convention setup and takedown, landscaping, planting and digging. Minimum Special Use Permit Requirements: * 1. The use must be located on a primary or secondary thoroughfare. 2. The use shall not be located within 400 feet of any church/house of worship, school, individual care center licensed for more than 12 children, City park, or residential zoning district. * 3. The hours of operation shall be limited to the hours between sunrise and sunset. Page 491 * 4. Signage must be posted on the premises indicating that loitering on the premises is not allowed. The signage may not exceed 4 square feet in size. * 5. Persons who are seeking employment must wait for employment within a fully-enclosed structure or an area screened from public view. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Delivery and Service Vehicle Storage Description: The use of an area or facility for the parking and storage of commercial fleet vehicles that are used primarily in connection with the delivery of goods and services to the surrounding community. Minimum Special Use Permit Requirements: 1. All areas used for the parking and storage of vehicles shall be paved, and shall be effectively screened so as not to be visible from adjoining properties or public rights-of-way. 2. Lighting shall be shielded from adjacent properties. 3. The use shall not occupy or interfere with any parking spaces that are required for any other existing or proposed areas for which required parking is or will be provided on the site. 4. None of the following activities shall be permitted on site: a. The repair or servicing of vehicles. b. The storage or warehousing of goods or merchandise. On-site Parking Requirement: .75 spaces for employee on the largest shift, plus one space per delivery or service vehicle. Desktop Publishing Description: An establishment that provides custom set-up of graphics and text for publication in an office setting. This use does not include an establishment that performs offset printing or related distribution. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Drive-Through Description: The use of a dedicated drive lane that, incidental to a principal use, provides access to a station, such as a window, door or mechanical device, from which occupants of a motor vehicle receive or obtain a product or service. Conditional Use Regulations: 1. A single-station drive-through shall have a stacking lane that will accommodate a minimum of six vehicles, including the vehicle at the station. A multiple-station drive-through shall have stacking lanes that will accommodate a minimum of three vehicles per station, including the vehicle at that station. 2. The drive-through shall be screened in accordance with LVMC 19.08.040(F). 3. In the O (Office) and C-D (Designed Commercial) Districts, a drive-through shall be separated from any residentially zoned property by an intervening building and shall not have access to local residential streets. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Stacking areas provided for the drive-through shall not count toward the required on-site parking. Electric Generating Plant Description: A facility that generates electricity from mechanical power produced by gas, coal, hydraulic power sources or nuclear fission, or other sources of renewable energy (as defined by NRS 701.070) and that is properly licensed or franchised by the authorities having jurisdiction. Minimum Special Use Permit Requirements: Page 492 1. For any project that qualifies as a renewable energy generation project with a nameplate capacity of 10 megawatts or more: A. The normal special use permit process set forth in Section 19.16.110 shall apply, as well as the provisions of NRS 278.26503(3). In the case of any conflict or inconsistency between the provisions of Section 19.16.110 and those of NRS 278.26503(3), the latter shall control and govern. B. The applicant may petition the Public Utilities Commission of Nevada to review any final decision of the City Council in accordance with the provisions of NRS 278.26506 and regulations adopted thereunder. On-site Parking Requirement: One space for each 1000 square feet of gross floor area. Electric Utility Substation Description: A facility for transforming electricity for distribution to individual customers. On-site Parking Requirement: None Emergency Ambulance Services, Ground Description: A facility which provides emergency ambulance service and does not include the use of helicopters. On-site Parking Requirement: One space for each employee on the largest shift, plus one space for each facility vehicle. Employment Agency Description: Any establishment, other than a daily labor service, which provides one or both of the following: 1. Assistance to employers in finding and employing permanent or temporary employees, whether part-time or full- time. 2. Assistance to potential employees in identifying and obtaining permanent or temporary employment, whether part- time or full-time. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Environmentally Hazardous Materials Description: The location of activities or products which have the potential to be dangerous, extremely obnoxious, or cause substantial environmental impacts on or beyond the boundaries of the property on which the activity or use is conducted. Environmentally hazardous materials include, but are not limited to, the following activities: 1. The manufacture, storage and testing of explosives, fireworks or munitions. 2. The refining of petroleum and the storage and distribution of natural and liquid gas or other petroleum derivatives in bulk including terminals, tank farms or other similar facilities. 3. The manufacture, blending, or mixing of pesticides, certain acids and fertilizer. 4. Stockyards; feed pens; livestock sales with pens and/or shipping facilities; rendering of animal fats; slaughtering or processing of animals; and industrial manufacturing processes using the following raw materials: bones, garbage, offal and dead animals. 5. The refining of raw materials, such as, but not limited to, chemicals, rubber, wood or wood pulp, into other products. 6. The forging, casting, melting, refining, extruding, rolling, drawing or alloying of metals. 7. The testing of jet engines or other engines. 8. Refuse disposal services not listed elsewhere in this Title, including but not limited to landfills, incinerators and other locations which receive garbage and refuse generated off-site for storage, treatment or disposal. 9. Boiler works. On-site Parking Requirement: One space for each 500 square feet of gross floor/yard area. Facility for Transitional Living for Released Offenders Page 493 Description: A dwelling unit of a residential character that provides housing and a living environment for up to six persons who have been released from prison and who require assistance with reintegration into the community, other than such a residence that is operated or maintained by a state or local government or an agency thereof. There term does not include a halfway house for recovering alcohol and drug abusers or a facility for the treatment of abuse of alcohol or drugs. As used in this description, "person who has been released from prison" means: 1. A parolee 2. A person who is participating in: a. A judicial program pursuant to NRS 209.4886 or 213.625; or b. A correctional program pursuant to NRS 209.488 or 213.632; 3. A person who is supervised by the Division of Parole and Probation of the Department of Public Safety through residential confinement pursuant to NRS 213.371 to 213.410, inclusive; or 4. A person who, within the past 20 years, has been released from prison by expiration of his term of sentence. Minimum Special Use Permit Requirements: *1. The facility must comply on an ongoing basis with all governmental licensing requirements. 2. The facility must be located on a parcel with a minimum size of six thousand five hundred square feet. 3. The facility must be located on a parcel that is within one thousand five hundred feet of an existing bus stop served by a regional bus system. 4. Off-street parking shall be provided on the basis of at least one space per five residents, plus an additional space for the administrator. 5. Indoor common area shall be provided on the basis of a minimum of fifteen square feet per resident. 6. The facility shall not be established or modified in a manner that would make it inconsistent with the scale and architectural character of the neighborhood. 7. No signage, graphics, display, or other visual representation that is visible from a public street shall be used to identify to facility as a Facility for Transitional Living for Released Offenders. 8. A facility may not be located closer than one thousand five hundred feet (measured by means of the shortest distance from property line to property line) from another Facility for Transitional Living for Released Offenders, a Community Residence, church/house of worship, school, individual care center licensed for more than twelve children, or City park. 9. The number of occupants within a Facility for Transitional Living for Released Offenders shall not exceed the following occupancy standards a. For the first bedroom (deemed to be the largest bedroom), a maximum of two adults (eighteen years of age or older). b. For each bedroom thereafter: i. A maximum of one adult, for bedrooms less than one hundred square feet in area; and ii. A maximum of two adults, for bedrooms one hundred square feet in area or greater. On-site Parking Requirement: Off-street parking shall be provided on the basis of at least one space per five residents, plus an additional space for the administrator. Facility to Provide Testing, Treatment, or Counseling for Drug or Alcohol Abuse Description: A facility that: 1. Operates under or is subject to the provisions of NRS Title 40 and, by means of certified detoxification technicians or otherwise, provides care or treatment related to the physical and mental effects of the abuse of alcohol or drugs, or the effects of alcohol or drug dependency; or Page 494 2. Provides court-ordered or court-sanctioned testing, analysis, treatment or counseling related to the physical and mental effects of the abuse of alcohol or drugs, or the effects of alcohol or drug dependency. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Financial Institution, General Description: Any business or organization which: 1. Holds or receives deposits, savings or share accounts; 2. Issues certificates of deposits; 3. Provides to its customers other depository accounts which are subject to withdrawal by checks, drafts or other instruments or by electronic means to effect payment to a third party; or 4. Engages in business as a mortgage banker under NRS Chapter 645E. This use includes without limitation a bank, savings and loan association, savings bank, mortgage bank, thrift company or credit union. On-site Parking Requirement: One space for each 200 square feet of gross floor area. Financial Institution, Specified Description: Any business whose primary function is to: 1. Lend money; 2. Cash checks or other negotiable instruments for a fee, service charge or other consideration; or 3. Provide funds in exchange for the acceptance of a check on a post-dated or deferred-deposit basis. This use includes without limitation a business that provides check cashing, services as a principal service offered, a paycheck advance service, and any business primarily providing cash loans, installment loans or cash advances. The term does not include a pawn shop or a limited check cashing service, as described in this Section. Conditional Use Regulations: 1. The use shall comply with all applicable requirements of LVMC Title 6. 2. The building design and color scheme shall be subject to review by the Department to ensure that it will be harmonious and compatible with the surrounding area. 3. No temporary signs (as described in LVMC 19.08.120 (G)) such as balloons, inflated devices, searchlights, pennants, portable billboards, portable signs, streamers, trucks parked for signage purposes, or other similar devices are permitted, except that banners announcing a "grand opening" or that a business is "coming soon" may be approved administratively for a period not to exceed 30 days. 4. Window signs shall not: a. Cover more than 20 percent of the area of all exterior windows; b. Include flashing lights or neon lighting; or c. Include any text other than text that indicates the hours of operation and whether the business is open or closed. 5. The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m. 6. The building or portion thereof that is dedicated to the use shall have a minimum size of 1500 square feet, and shall be designed to have sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space (such as "teller" windows or desks). 7. No specified financial institution use may be located closer than 200 feet from any parcel used or zoned for residential use. In addition, no specified financial institution use may be located closer than 1000 feet from any other specified financial institution use, auto title loan use, or auto pawn use. For purposes of this Regulation 7, distances Page 495 shall be measured in a straight line from property line to property line, without regard to intervening obstacles. The term "property line" refers to property lines of fee interest parcels and not leasehold parcels. Minimum Special Use Permit Requirements: * 1. The use shall comply with all applicable requirements of LVMC Title 6. * 2. The building design and color scheme shall be subject to review by the Department to ensure that it will be harmonious and compatible with the surrounding area. 3. No temporary signs (as described in LVMC 19.08.120 (G)) such as balloons, inflated devices, searchlights, pennants, portable billboards, portable signs, streamers, trucks parked for signage purposes, or other similar devices are permitted, except that banners announcing a "grand opening" or that a business is "coming soon" may be approved administratively for a period not to exceed 30 days. 4. Window signs shall not: a. Cover more than 20 percent of the area of all exterior windows; b. Include flashing lights or neon lighting; or c. Include any text other than text that indicates the hours of operation and whether the business is open or closed. 5. The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m. 6. The building or portion thereof that is dedicated to the use shall have a minimum size of 1500 square feet, and shall be designed to have sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space (such as "teller" windows or desks). 7. No specified financial institution use may be located closer than 200 feet from any parcel used or zoned for residential use. In addition, no specified financial institution use may be located closer than 1000 feet from any other specified financial institution use, auto title loan use, or auto pawn use. For purposes of this Requirement 7, distances shall be measured in a straight line from property line to property line, without regard to intervening obstacles. The term "property line" refers to property lines of fee interest parcels and not leasehold parcels. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Food Processing Description: A facility in which food for human consumption is provided in its final form, such as candy, baked goods and ice cream, and the food is distributed to retailers or wholesalers for resale on or off the premises. This use does not include food or beverage processing which uses any mechanized assembly line production of canned or bottled goods. Conditional Use Regulations: 1. Food processing shall be permitted only in conjunction with retail use. 2. A maximum of 5000 square feet in floor area shall be permitted. On-site Parking Requirement: One space for each 500 square feet of gross floor area. Fraternity, Sorority House or Private Dorm Description: A residential building associated with a college or university that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking, recreation or bathing facilities. Minimum Special Use Permit Requirements: 1. The minimum lot area shall be 6000 square feet for the first five occupants of the building's designed occupancy and 900 square feet for each additional residential occupant. On-site Parking Requirement: One and one-half spaces per guest room. Gaming Establishment, General Business-Related Page 496 Description: A building or structure which is primarily used for some business other than gaming but in which restricted gaming is permitted pursuant to Title 6. For purposes of the Special Use Permit requirements of this Title, this use does not include a location that has obtained and maintains current licensing and zoning approvals to sell alcoholic beverages. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Gaming Establishment, Non-restricted Description: An establishment which is used or intended to be used for the conduct of gaming activities for which a non- restricted gaming license is required pursuant to LVMC Title 6. For informational purposes, this description refers to an establishment whose gaming operations consist of 16 or more slot machines, or any number of slot machines together with any other game, gaming device, race book or sports pool at that establishment. When operated in conjunction with a hotel having more than 200 rooms this use includes any number of ancillary alcoholic beverage-related uses with an on-sale component, without regard to the requirements of LVMC Chapter 19.12 , but only to the extent such uses conform to the applicable requirements of LVMC Chapters 6.40 and 6.50. Minimum Special Use Permit Requirements: * 1. Except as otherwise exempted by State law, non-restricted gaming establishments must be located within the Gaming Enterprise Overlay District described in Section 19.10.120. * 2. A Special Use Permit is required for: a. Any new non-restricted gaming establishment. b. Any increase in the amount, variety or magnitude of gaming to be offered within an existing non-restricted gaming establishment whether or not the existing gaming was approved by means of a Special Use Permit. * 3. The Special Use Permit requirement in Paragraph (2) above: a. Applies to all property in the City, wherever located and whether or not it is located in the Gaming Enterprise Overlay District; b. Applies to existing non-restricted gaming establishments whether or not they have applied for an increase in the amount, variety or magnitude of gaming to be offered; c. Applies to any property or establishment irrespective of any rights or purported rights established by prior adjudication, to the extent such rights have not become vested by the exercise thereof; and d. Supersedes and prevails over every other provision of the Municipal Code to the contrary, or that might be deemed to be interpreted to the contrary. On-site Parking Requirement: One space for each 90 square feet of gross floor area. Gaming Establishment, Restricted Description: An establishment which is used or intended to be used for gaming activities for which a restricted gaming license is required pursuant to Title 6. For informational purposes, this description refers to an establishment whose gaming operations are limited to not more than 15 slot machines, incidental to the primary business at the establishment, and no other game or gaming device. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Garden Supply/Plant Nursery Description: A facility, generally operated on a commercial basis, for the growing, display, or sale of plant stock, seeds or other horticulture items. This use may include raising plants outdoors or in greenhouses for sale either as food or for use in landscaping. The term does not include either a community garden or a garden that is incidental to a residential use and whose products are intended for the use of those residing on the parcel. Page 497 Minimum Special Use Permit Requirements: * 1. Accessory outdoor storage must meet all requirements of LVMC 19.08.040(E)(4)(e), irrespective of whether or not for purposes of LVMC 19.08.040(E)(4)(e) a Variance from its requirements is granted pursuant to that provision and LVMC 19.16.140. On-site Parking Requirement: One space for each 500 square feet of indoor display area, plus one space for each 2500 square feet of outdoor display area. (Ord. 6189 § 3, 05/02/12) General Personal Service Description: A facility for the sale of personal services. Typical personal services include barber/beauty shop, tanning salon, nail salon, shoe repair, tailor, instructional arts studio, photography studio, hand-crafted art studio, safe deposit boxes, house cleaning service, weight reduction center, day spa, florist (excluding greenhouses), astrologer/hypnotist/psychic art or science, dry cleaners, electrical/watch/clock/jewelry or similar repair, and permanent makeup establishment. On-site Parking Requirement: Barber/Beauty Shop - For a use located in a shopping center with more than 25,000 square feet of gross floor area, one space for each 250 square feet of gross floor area. Otherwise, two spaces for each barber chair and three spaces for each beautician station. Tanning Salon - Two spaces per tanning bed. Nail Salon - Two spaces per chair/station. Other Uses Not Listed - One space for each 250 square feet of gross floor area. General Retail Store, Other Than Listed Description: A facility for the retail sale of general merchandise to the general public for direct consumption and not wholesale. This use: 1. Includes such uses as an antique/collectible store, retail bakery, convenience store, grocery store, drug store, service station and specialty merchandise store. 2. Includes other general retail uses that may be specifically defined in LVMC Chapter 19.18 and whose definitions may include specific limitations and restrictions, which shall apply as described in that Chapter. 3. Does not include uses that are specifically listed in LVMC Chapter 19.12 . Conditional Use Regulations: 1. The general retail use must be ancillary to a primary use, and shall not exceed 3,500 square feet in gross floor area. 2. Within the C-D Designed Commercial District, the following conditions apply: a. No use or business activity shall remain open to the public for business between the hours of 9:00 p.m. and 7:00 a.m. b. The sale or dispensing of gasoline or other automotive fuels is not permitted. c. Retail shops shall sell new merchandise exclusively except for antique shops. All products produced, whether primary or incidental, shall be sold at retail on the premises, and not more than two persons shall be engaged in the production of such products. On-site Parking Requirement: 1. If less than 25,000 square feet, one space per 175 square feet of gross floor area. 2. If 25,000 square feet or more, one space per 250 square feet of gross floor area. Government Facility Page 498 Description: A facility or area used for public purposes and owned or operated by an instrumentality or agency of Federal, State, or local government. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Grocery Store with Alcohol Description: A grocery store: 1. Whose license to sell alcoholic beverages authorizes their sale to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where the same are sold; and 2. In which the sale of alcoholic beverages is ancillary to the grocery store use, and in which no more than 10 percent of the retail floor space is regularly devoted to the display or merchandising of alcoholic beverages. This use includes an establishment that provides on-premises wine, cordial and liqueur tasting if the licensee also holds a wine, cordial and liqueur tasting license for that location. This land use entitlement shall only permit the consideration of the following LVMC Title 6 alcoholic beverage licenses: a. LVMC 6.50.050 beer/wine/cooler off-sale license; b. LVMC 6.50.100(A)(1) ancillary specialty sales - internet sales license; c. LVMC 6.50.100(A)(3) ancillary specialty sales - tasting; and/or d. LVMC 6.50.170 package license. Conditional Use Regulations 1. Except as otherwise provided, no grocery store with alcohol shall be located within 400 feet of any church/house of worship, school, individual care center licensed for more than 12 children, or City park. 2. Except as otherwise provided in Regulation 3 below, the distances referred to in Regulation 1 shall be determined with reference to the shortest distance between two property lines, one being the property of the proposed grocery store with alcohol which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed grocery store with alcohol. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks access to a public street or has no area for on-site parking and which has been created so as to avoid the distance limitation described in Regulation 1. 3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in size, the minimum distances referred to in Regulation 1 shall be measured in a straight line: a. From the nearest property line of the existing use to the nearest portion of the structure in which the establishment will be located, without regard to intervening obstacles; or b. In the case of a proposed grocery store with alcohol which will be located within a shopping center or other multiple tenant structure, from the nearest property line of the existing use to the nearest property line of a leasehold or occupancy parcel in which the grocery store with alcohol will be located, without regard to intervening obstacles. 4. The minimum distance requirements in Regulation 1 do not apply to a proposed grocery store with alcohol having more than 50,000 square feet of retail floor space. 5. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC Chapter 6.50. 6. No grocery store with alcohol use shall be permitted on or adjacent to the Pedestrian Mall, as defined in LVMC Chapter 11.68. Minimum Special Use Permit Requirements: Page 499 * 1. Except as otherwise provided, no grocery store with alcohol shall be located within 400 feet of any church/house of worship, school, individual care center licensed for more than 12 children, or City park. * 2. Except as otherwise provided in Requirement 3 below, the distances referred to in Requirement 1 shall be determined with reference to the shortest distance between two property lines, one being the property of the proposed grocery store with alcohol which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed grocery store with alcohol. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks access to a public street or has no area for on-site parking and which has been created so as to avoid the distance limitation described in Requirement 1. * 3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in size, the minimum distances referred to in Requirement 1 shall be measured in a straight line: a. From the nearest property line of the existing use to the nearest portion of the structure in which the establishment will be located, without regard to intervening obstacles; or b. In the case of a proposed grocery store with alcohol which will be located within a shopping center or other multiple tenant structure, from the nearest property line of the existing use to the nearest property line of a leasehold or occupancy parcel in which the grocery store with alcohol will be located, without regard to intervening obstacles. 4. When considering a Special Use Permit application for a grocery store with alcohol which also requires a waiver of the distance limitation in Requirement 1, the Planning Commission shall take into consideration the distance policy and shall, as part of its recommendation to the City Council, state whether the distance requirement should be waived and the reasons in support of the decision. 5. The minimum distance requirements in Requirement 1 do not apply to a proposed grocery store with alcohol having more than 50,000 square feet of retail floor space. * 6. All businesses which sell alcoholic beverages shall confirm to the provisions of LVMC Chapter 6.50. 7. The minimum distance requirements set forth in Requirement 1, which are otherwise nonwaivable under the provisions of LVMC 19.12.050(C), may be waived: a. In accordance with the provisions of LVMC 19.12.050(C) for any grocery store with alcohol which is proposed to be located on a parcel within the Downtown Casino Overlay District; b. In accordance with the applicable provisions of the "Town Center Development Standards Manual" for any grocery store with alcohol which is proposed to be located within the T-C (Town Center) Zoning District and which is designated MS-TC (Main Street Mixed Use) in the Town Center Land Use Plan; c. In connection with a grocery store having between 20,000 square feet and 50,000 square feet of retail floor space; or d. In connection with a grocery store having less than 20,000 square feet of retail floor space, if the area to be used for the sale, display or merchandising of alcoholic beverages and each use to be protected are separated by a highway or a right of way with a width of at least 100 feet. 8. No grocery store with alcohol shall be permitted on or adjacent to the Pedestrian Mall, as defined in LVMC Chapter 11.68. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Gun Club, Skeet or Target Range, or Archery Club (Indoor) Description: A facility or area used for archery or the shooting of firearms, whether for practice or sport. Page 500 On-site Parking Requirement: One space per target or shooting position. Gun Club, Skeet or Target Range, or Archery Club (Outdoor) Description: A facility or area used for archery or the shooting of firearms, whether for practice or sport. On-site Parking Requirement: One space per target or shooting position. Health Club Description: An establishment that operates physical fitness facilities, sports clubs or recreation clubs. On-site Parking Requirement: One space for each 200 square feet of gross floor area. Heavy Machinery and Equipment (Rental, Sales & Service) Description: A facility for the display, sale and rental of tools, heavy machinery, dump trucks or commercial and heavy equipment, such as those used in building construction, farming, restaurants or manufacturing. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Rental equipment may not be parked or stored in parking spaces that are designated as required on-site parking. Heavy Machinery and Equipment (Storage) Description: A lot or facility used for the storage of heavy construction equipment, machinery and vehicles. On-site Parking Requirement: One space for each employee on the largest shift, plus one space for each facility vehicle. Helipad Description: A facility for the landing and taking off of helicopters, but with no accessory gas sales, maintenance or other services. Minimum Special Use Permit Requirements: 1. The use shall be permitted only as an accessory use to a hospital, medical facility or medical office. 2. The operator shall designate flight paths that minimize flight over residential areas and shall provide the City with evidence that such flight paths have been approved by the Clark County Department of Aviation. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Home Occupation Description: An income producing activity conducted from a residential dwelling unit pursuant to LVMC 19.16.180. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use on the site. (Ord. 6301 §3, 03/05/14) Horse Corral or Stable (Commercial) Description: A structure for the keeping of horses, mules or ponies which are boarded for compensation or for use in providing instructional or recreational activities for persons other than occupants of the premises. Conditional Use Regulations: 1. Stables or corrals shall be placed more than 50 feet from any dwelling on an adjacent residential lot and at least 100 feet from the front property line. On-site Parking Requirement: One space for each 5 horses that can be boarded at the maximum capacity on the property. Hospice Page 501 Description: A home for the terminally ill. On-site Parking Requirement: One space for each 8 beds, plus one space for each employee on the largest shift. Hospital Description: An institution, designed within an integrated campus setting, for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. Conditional Use Regulations: 1. The use shall be located on a secondary thoroughfare or larger. On-site Parking Requirement: One and one-half spaces for each patient bed. Hotel, Motel or Hotel Suites Description: 1. Hotel - A building or group of buildings whose main function is to provide rooms for temporary lodging where entrance to each room is gained from a completely enclosed area. A hotel may also contain restaurants, conference rooms and personal service shops. The phrase "temporary lodging" refers to a rental period with a normal duration of no more than 1 week. 2. Motel - A building or group of buildings whose main function is to provide rooms for temporary lodging, rooms which are directly accessible from an outdoor parking area. The phrase "temporary lodging" refers to a rental period with a normal duration of no more than 1 week. 3. Hotel Suites - A facility offering temporary lodging accommodations to the general public in which rooms or suites may include kitchen facilities and sitting rooms in addition to the sleeping room. The phrase "temporary lodging" refers to a rental period with a normal duration of no more than 1 week. On-site Parking Requirement: One space per guest room. Hotel, Residence Description: A multi-dwelling facility for extended stay lodging, consisting of: 1. Efficiency units or suites with a kitchen containing a refrigerator, sink and cooking facilities (such as a stove or microwave) suitable for long term occupancy; 2. Customary hotel services such as linen, maid service, telephone and upkeep of furniture; and 3. Optional resident and guest amenities such as meeting rooms, club house and recreation facilities. This use does not include facilities which qualify as other types of dwelling units defined in this Title. On-site Parking Requirement: One space per guest room. Individual Care - Family Home Description: A residential dwelling used primarily as a residence which also provides day or overnight care for a maximum of 6 children or dependent adults for compensation. Such a use is subject to the care-related regulations and standards of the State of Nevada. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use on the site. Individual Care - Group Home Page 502 Description: A facility which provides day or overnight care for a minimum of 7 children or dependent adults and a maximum of 12 children or dependent adults for compensation. When located on a single-family residential lot, the provision of care will take place in a dwelling used primarily as a residence. When located on a parcel developed with multi-family housing, the provision of care must take place within a structure not used as residence. In any case, such a use is subject to the care-related regulations and standards of the State of Nevada. Minimum Special Use Permit Requirements: * 1. The minimum lot size shall be 6500 square feet. * 2. The site shall be designed so that all loading and unloading of passengers occurs on-site. The layout of driveways, circulation patterns and parking must be approved by the City Traffic Engineer prior to the issuance of any building permits. * 3. In order for this use to be conducted on a parcel developed with multi-family housing, the provision of care must occur within a separate structure. 4. Access to the facility shall be by means of a right-of way with a width of 60 feet or less. 5. The use of outdoor recreation areas shall be limited to the hours between 6:00 A.M. and 10:00 P.M. 6. All lighting shall be designed so it does not shine directly onto any abutting residential property. On-site Parking Requirement: One space for each staff member, plus one space for each 6 individuals cared for. Individual Care Center Description: A commercial facility which provides personal care and related services to more than 12 children or dependent adults in a supervised, protective, congregate setting during some portion of a twenty-four hour day. Such a use is subject to the care-related regulations and standards of the State of Nevada. Services typically offered in conjunction with dependent adult care include social and recreational activities, training, meals, and services such as rehabilitation and medication assistance. Conditional Use Regulations: 1. Access to the individual care center shall be by means of a collector street or larger. 2. The site shall be designed so that all discharging or loading of passengers from a vehicle is accomplished on the site. The layout of driveways, circulation patterns and parking must be approved by the City Traffic Engineer prior to the issuance of any building permits. 3. Where structures or play areas have residential adjacency: a. An 8-foot high block wall shall be installed along the common property line. b. The building entrance and access shall be oriented away from residential uses on local streets. c. Outdoor recreation shall be limited to daylight hours. d. Outdoor lighting shall be designed so as to not shine directly onto any abutting residential property. On-site Parking Requirement: One space for each staff member, plus one space for each 10 individuals cared for. Internet/Catalogue Sales Office Description: An establishment which specializes in the sale of products via the internet or by catalogue for delivery to a customer's home or business. This use may include in-person customer consultations at the establishment. Conditional Use Regulations: 1. Neither the sale of products located on-site nor the delivery of products on-site is permitted. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Laboratory, Medical or Dental Page 503 Description: A facility, other than a hospital, that: 1. Conducts general medical or scientific research, investigation, testing, or experimentation; or 2. Upon referral by or request of a medical professional, provides radiological or medical testing, or creates prosthesis or artificial dental work. This use does not include a facility for the manufacture or sale of other products, except as incidental to the main purpose of the laboratory. This use also does not include a "facility to provide testing, treatment, or counseling for drug or alcohol abuse," as that term is defined in this Title. On-site Parking Requirement: One space for each 200 square feet of gross floor area up to 2,000 square feet, plus one space for each additional 175 square feet. Landfill Description: A lot or premises used for the disposal of garbage, trash, refuse or waste material (other than sewage) which is officially sanctioned by proper authorities of the jurisdiction in which it is located. On-site Parking Requirement: One space for each employee on the largest shift. Laundry, Self-Service Description: A laundry facility that provides coin operated washing and drying machines for customer operation. This use includes a facility that provides additional services such as fluff and fold or dry cleaning, provided that no dry cleaning equipment is located on the premises. This use does not include a laundry room located within a residential development that is provided solely for the use of residents of the development. On-site Parking Requirement: One space per 250 square feet of gross floor area. Library, Art Gallery or Museum (Public) Description: A publicly-operated facility used for: 1. The housing of a collection of books, magazines, audio and video tapes, or other material for borrowing and use by the general public; or 2. The acquisition, preservation, study or exhibition of works of artistic, historic or scientific value. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Light Assembly & Fabrication Description: The assembly or manufacturing of objects or items that: 1. Are made from standard parts or components; 2. Are distinct from the individual parts or components; and 3. Are not of another type of assembly or fabrication specifically described in this Table 2. Conditional Use Regulations: 1. All processing, manufacturing, and storage of materials, equipment and products shall be performed in a completely enclosed building. 2. There shall be no audible or noticeable indication of a manufacturing operation outside the building. 3. There shall be no smoke, dust or foreign matter emitted. 4. All exterior storage of material shall be in sturdy containers or enclosures which screen storage from surrounding properties and abutting streets. Storage containers for flammable materials shall be constructed of nonflammable material. [C-2 only] 5. No outside storage is permitted. [C-1 only] Page 504 6. The bulk manufactured items and raw materials stored shall not exceed 4 percent of the cubic content of the building. [C-1 only] 7. No more than 7 employees shall be engaged in the manufacture, treatment or processing operation. [C-1 only] 8. Only the following operations shall be allowed: [C-1 only] a. Lens grinding; b. Jewelry manufacture; c. Wholesale medallion sales and assembly; d. Wholesale and retail cooking; e. Sewing and embroidery shop; f. Stained glass assembly; g. Drapery manufacture; and h. Wholesale printing. On-site Parking Requirement: One space for each 500 square feet of gross floor/yard area. Liquefied Petroleum Gas Installation (288 Gallons or Less) Description: A facility or system: 1. Which includes tanks, piping or gas equipment (or any combination thereof); 2. Is used or intended to be used for the storage, dispensing or other utilization of liquefied petroleum gas; and 3. Whose tanks: a. Have an aggregate water capacity of 288 gallons or less; or b. Are part of an installation in a mobile home park or similar multiple-unit installation whose units are served by individual tanks if the tanks are not interconnected and each individual tank has a water capacity of less than 125 gallons. Conditional Use Regulations: 1. This use is permitted in accordance with the applicable zoning district requirements if the installation complies with the provisions of NRS 590.465 et seq. 2. Any installation which was made nonconforming by the adoption of the standards of this Title regarding liquefied petroleum gas installations is subject to the expansion and discontinuance provisions set forth in Chapter 19.14. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Liquefied Petroleum Gas Installation (Over 288 Gallons) Description: A facility or system: 1. Which includes tanks, piping or gas equipment (or any combination thereof); 2. Is used or intended to be used for the storage, dispensing or other utilization of liquefied petroleum gas; and 3. Whose tanks have an aggregate water capacity of more than 288 gallons, unless the tanks are part of an installation in a mobile home park or similar multiple-unit installation whose units are served by individual tanks, the tanks are not interconnected, and each individual tank has a water capacity of less than 125 gallons. Minimum Special Use Permit Requirements: 1. This use is permitted in accordance with the applicable zoning district requirements if the installation complies with the provisions of NRS 590.465 et seq. Page 505 2. Any installation which was made nonconforming by the adoption of the standards of this Title regarding liquefied petroleum gas installations is subject to the expansion and discontinuance provisions set forth in LVMC Chapter 19.14. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Liquor Establishment (Tavern) Description: A facility which sells alcoholic beverages for consumption on the premises where the same are sold and authorizes the sale, to consumers only and not for resale, of alcoholic beverages in original sealed or corked containers, for consumption off the premises where the same are sold. Minimum Special Use Permit Requirements: * 1. Pursuant to its general authority to regulate the sale of alcoholic beverages, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by generally requiring both a minimum separation between liquor establishments (tavern), and a minimum separation between a liquor establishment (tavern) and certain other uses that should be protected from the impacts associated with a liquor establishment (tavern). Therefore, except as otherwise provided below, no liquor establishment (tavern) may be located within 1500 feet of any other liquor establishment (tavern), church/house of worship, school, individual care center licensed for more than 12 children, or City park. * 2. The distance separation referred to in Requirement 1 shall be measured with reference to the shortest distance between two property lines, one being the property line of the proposed liquor establishment (tavern) which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed liquor establishment (tavern). The distance shall be measured in a straight line without regard to intervening obstacles. * 3. For the purpose of Requirement 2, and for that purpose only: a. The "property line" of a protected use refers to the property line of a fee interest parcel that has been created by an approved and recorded parcel map or subdivision map, and does not include the property line of a leasehold parcel; and b. The "property line" of a liquor establishment (tavern) refers to: i. The property line of a parcel that has been created by an approved and recorded parcel map or commercial subdivision map; or ii. The property line of a parcel that is located within an approved and recorded commercial subdivision and that has been created by a record of survey or legal description, if: A. Using the property line of that parcel for the purpose of measuring the distance separation referred to in Requirement 1 would qualify the parcel under the distance separation requirement; B. The proposed liquor establishment (tavern) will have direct access (both ingress and egress) from a street having a minimum right-of-way width of 100 feet. The required access may be shared with a larger development but must be located within the property lines of the parcel on which the proposed liquor establishment (tavern) will be located; C. All parking spaces required by this Subchapter 19.12.070 for the liquor establishment (tavern) use will be located on the same parcel as the use; and D. The owners of all parcels within the commercial subdivision, including the owner of agreement, satisfactory to the City Attorney, that provides for perpetual, reciprocal cross-access, ingress and egress throughout the commercial subdivision. 4. The distance separation requirement set forth in Requirement 1 does not apply to an establishment which has a non-restricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. Page 506 5. The distance separation requirement set forth in Requirement 1 may be waived in accordance with the provisions of LVMC 19.12.050(C), but only in connection with a proposed liquor establishment (tavern) that: a. Will be located on a parcel within the C-V District, the Market District or Symphony Park District as shown in Figure 3 of the Development Standards adopted in LVMC 19.10.110(B), the Gaming Enterprise Overlay District, or the Downtown Casino Overlay District; b. Will be located on a parcel or within a building that, pursuant to State law or City ordinance, has been designated as an historic property, historic building, or landmark; c. Will be located within a regional mall; or d. Will be located within a mixed-use development: i. That has been approved by means of Special Use Permit pursuant to LVMC Chapters 19.12 and 19.16 ; ii. That has a minimum net site area of 15 acres; and iii. Whose gross floor area of nonresidential space is a minimum of 250,000 square feet; or e. Will be separated from the existing use by a street or highway with a minimum right-of-way width of 100 feet; or f. Will have a general on-sale alcoholic beverage license operated in conjunction with an establishment listed in LVMC 6.50.060. g. Will have a tavern-restricted alcoholic beverage license pursuant to LVMC 6.50.253. * 6. The use shall conform to, and is subject to, the provisions of LVMC Chapters 6.40 and 6.50 . On-site Parking Requirement: One space for each 50 square feet of public seating and waiting area (including areas for seating and waiting), plus one space for each 200 square feet of the total remaining gross floor area, with a minimum of ten spaces required. (Ord. 6602 § 2, 11/15/17) (Ord. 6608 § 12, 12/06/17) (Ord. 6682 § 8, 04/03/19) Lounge Bar Description: A bar located in a lounge area of a hotel or approved mixed-use building which has a minimum of 150 rooms or residential units, unless the City Council determines that public health, safety and welfare are not compromised by a lesser number of rooms or units, where the lounge bar makes available alcoholic beverages for consumption in specified areas only. This use does not include a bar that is ancillary to a "Non-restricted Gaming Establishment," as defined in this Title. Minimum Special Use Permit Requirements: 1. No lounge bar business use shall be located within 400 feet of any church/house of worship, school, individual care center licensed for more than 12 children or City park. 2. Except as otherwise provided in Requirement 3 below, the minimum distances referred to in Requirement 1 shall be determined with reference to the shortest distance between two property lines, one being the property line of the proposed lounge bar which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed lounge bar. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks access to a public street or has no area for on-site parking and which has been created so as to avoid the distance limitation described in Requirement 1. Page 507 3. In the case of a proposed lounge bar located on a parcel of at least 80 acres in size, the minimum distances referred to in Requirement 1 shall be measured in a straight line from the nearest property line of the existing use to the nearest portion of the structure in which the lounge bar will be located, without regard to intervening obstacles. 4. When considering a Special Use Permit application for a lounge bar which also requires a waiver of the distance limitation in Requirement 1, the Planning Commission shall take into consideration the distance policy and shall, as part of its recommendation to the City Council, state whether the distance requirement should be waived and the reasons in support of the decision. 5. The minimum distance requirement in Requirement 1 does not apply to an establishment which has a nonrestricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. 6. Where associated with a hotel use, alcoholic beverages shall be served and consumed only within the lounge bar area, within a pool area, or within hotel rooms as incident to room service. Where associated with a mixed-use building, alcoholic beverages shall be served and consumed only within the lounge bar area. * 7. The maximum available customer seating in the lounge bar area shall not exceed 50 seats. * 8. No gaming-related use may be allowed in the lounge bar area. * 9. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC Chapter 6.50. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Manufactured Home (Not Qualifying for Zoning Treatment as Single Family Detached Dwelling) Description: A structure (as defined in NRS 489.113) that does not qualify for State-law zoning treatment as a Single Family Detached Dwelling. The fact that a structure does not qualify for State-law zoning treatment as a Single Family Detached Dwelling does not preclude it from being so treated for other purposes, or from being permanently affixed to a residential lot. On-site Parking Requirement: Two spaces per site. Manufactured Home (Qualifying for Zoning Treatment as Single Family Detached Dwelling) Description: A structure (as defined in NRS 489.113) that meets the Conditional Use Regulations listed below in order to qualify for State-law zoning treatment as a Single Family Detached Dwelling. Conditional Use Regulations: 1. In order to qualify for State-law zoning treatment as a Single Family Detached Dwelling, a manufactured home must: a. Have been constructed or manufactured within the 6 years immediately preceding the date on which it is affixed to the residential lot; b. Consist of at least 1200 square feet of living area, unless the Director approves a reduction in size; c. Be permanently affixed to the residential lot; d. Have its foundation masked architecturally or by landscaping, berming or planters; and e. Be demonstrated to be compatible with homes in the immediate vicinity, in terms of siding material, roofing, color, building configuration, design features, etc. On-site Parking Requirement: Two spaces per site. Manufacturing, Heavy Description: A facility for the general mass producing of goods, usually for sale to wholesalers or other industrial or manufacturing uses. This use includes any use which employs any of the following or similar types of processes: 1. Milling of grain. Page 508 2. Production of animal food, and the tanning of animal hides. 3. Production of large durable goods such as, but not limited, to motorcycles, cars, manufactured homes or airplanes. 4. Canning or bottling of food or beverages for human consumption using a mechanized assembly line. 5. Manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemical products, and use of a foundry for metals. 6. Production of items made from stone, clay, metal or concrete. 7. Tire recapping or retreading. 8. Production of items by means of the chemical processing of materials. On-site Parking Requirement: One space for each 1000 square feet of gross floor/yard area. Manufacturing, Light Description: A facility for producing goods without the use of any of the processes described within the definition of "Heavy Manufacturing." This use includes without limitation the following activities: 1. Assembly, finishing, and/or packaging of small items from component parts made at another location. Examples include but are not limited to cabinet making or the assembly of clocks, electrical appliances, or medical equipment. 2. Production of items made from materials derived from plants or animals including, but not limited to, leather, pre- milled wood, rubber, paper, wool or cork, or from textiles or plastics. 3. Electrical component manufacturing. 4. Reproduction, cutting, printing, or binding of written materials, drawings or newspapers on a bulk basis using lithography, offset printing, blue printing and other similar methods. 5. Machine shop where material is processed by machinery, cutting, grinding, or similar processes. On-site Parking Requirement: One space for each 1000 square feet of gross floor/yard area. Martial Arts Studio Description: An establishment whose principal business activity is the instruction of the martial arts as defined by LVMC 6.53.020(C). This use does not include any nonprofit organization or entity that offers martial arts instruction only as an incidental service in its overall program of activities. On-site Parking Requirement: One space for each staff member, plus one space for every 10 students in class when the facility is at maximum capacity. Massage, Accessory Description: The performing of massage therapy or therapeutic massage that: 1. Is accessory to a principal permitted use that is one of the following: a. A medical office or physical rehabilitation clinic; b. A fitness and health center; c. A country club or golf course clubhouse; d. A hotel with more than one hundred rooms; or e. A facility similar in nature to any of the facilities listed above; 2. Does not occupy more than 150 square feet of space; and 3. Is not advertised on any exterior signage. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Massage Establishment Page 509 Description: A facility which is occupied and used for the purpose of practicing massage therapy as defined in LVMC Chapter 6.52. This use does not include the "accessory massage," as defined in this Title. Conditional Use Regulations: 1. The use shall comply with all applicable requirements of LVMC Title 6. 2. The use must be located on a secondary thoroughfare or larger. 3. The use may not be located within 400 feet of any church/house of worship, school, City park, individual care center licensed for more than 12 children, or any parcel zoned for residential use. 4. The use may not be located within 1000 feet of any other massage establishment. 5. The hours of operation shall be limited to the period between 6:00 a.m. and 10:00 p.m. Minimum Special Use Permit Requirements: 1. The use shall comply with all applicable requirements of LVMC Title 6. 2. The use must be located on a secondary thoroughfare or larger. 3. The use may not be located within 400 feet of any church/house of worship, school, City park, individual care center licensed for more than 12 children, or any parcel zoned for residential use. 4. The use may not be located within 1000 feet of any other massage establishment. 5. The hours of operation shall be limited to the period between 6:00 a.m. and 10:00 p.m., unless further limited by the City Council on a case-by-case basis. On-site Parking Requirement: Two spaces for each massage room, massage table or massage chair, with a minimum of six spaces required. (Ord. 6170 § 7, 12/07/11) Marijuana Cultivation Facility Description: An enclosed structure which cultivates, delivers, transfers, transports, supplies, or sells marijuana to marijuana dispensaries or marijuana production facilities. This use includes a "cultivation facility," as defined in NRS 453A.056 and a "marijuana cultivation facility" as defined in NRS 453D.030. Minimum Special Use Permit Requirements: * 1. Pursuant to its general authority to regulate the cultivation, production, dispensing, and sale of marijuana, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by generally requiring a minimum separation between marijuana cultivation facilities and certain other uses that should be protected from the impacts associated with a marijuana cultivation facility. Therefore, except as otherwise provided below, no marijuana cultivation facility may be located within 1000 feet of any school. or within 300 feet of any of the following uses: a. City park; b. Church/house of worship; c. Individual care - family home, individual care - group home, or individual care center (in each case licensed for the care of children); d. Community recreational facility (public); or e. Any use whose primary function is to provide recreational opportunities to minors. Such uses include without limitation commercial recreation/amusement (indoor or outdoor); library, art gallery or museum (public); teen dance center; and martial arts studio that provides instruction to minors. Page 510 * 2. The distance separation referred to in Requirement 1 shall be measured with reference to the shortest distance between two property lines, one being the property line of the proposed marijuana cultivation facility which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed marijuana cultivation facility. The distance shall be measured in a straight line without regard to intervening obstacles. * 3. For the purpose of Requirement 2, and for that purpose only: a. The "property line" of a protected use refers to the property line of a fee interest parcel that has been created by an approved and recorded parcel map or subdivision map, and does not include the property line of a leasehold parcel; and b. The "property line" of a marijuana cultivation facility refers to: i. The property line of a parcel that has been created by an approved and recorded parcel map or commercial subdivision map; or ii. The property line of a parcel that is located within an approved and recorded commercial subdivision and that has been created by a record of survey or legal description, if: A. Using the property line of that parcel for the purpose of measuring the distance separation referred to in Requirement 1 would qualify the parcel under the distance separation requirement; and B. The proposed marijuana cultivation facility will have direct access (both ingress and egress) from a street having a minimum right-of-way width of 100 feet. The required access may be shared with a larger development but must be located within the property lines of the parcel on which the proposed marijuana cultivation facility will be located. * 4. When a marijuana cultivation facility authorized pursuant to NRS Chapter 453D (the "Chapter 453D facility") is proposed to be located within a cultivation facility that is authorized pursuant to NRS Chapter 453A (the "Chapter 453A facility"), and the Chapter 453A facility has obtained special use permit approval as of July 1, 2017, the applicable distance separation requirements under Requirement 1 for the proposed Chapter 453D facility shall be those that were in effect at the time of special use permit approval for the Chapter 453A facility. A Chapter 453D facility that has received special use permit approval, either pursuant to a new special use permit or by means of a review of conditions under an existing special use permit, shall be deemed a conforming use for purposes of this Title. * 5. The use shall conform to, and is subject to, the provisions of LVMC Title 6, as they presently exist and may be hereafter amended. * 6. No outside storage shall be permitted, including the use of shipping containers for on-site storage. * 7. An air filtration system to be designed by a Nevada licensed engineer shall be provided prior to the issuance of a certificate of occupancy. *8. The Special Use Permit shall be void without further action if the uses ceases for a period exceeding 90 days. * 9. A marijuana cultivation facility shall obtain all required approvals from the State of Nevada to operate such a facility prior to the Special Use Permit being exercised pursuant to LVMC 19.16.110. 10. The use may not be located under the same roof as another use, except a marijuana cultivation facility, marijuana dispensary or marijuana production facility. On-site Parking Requirement: One space for each 1000 square feet of gross floor/yard area identified for cultivation. (Ord. 6587 § 6, 06/21/2017) (Ord. 6606 § 2, 12/06/2017) Marijuana Dispensary Page 511 Description: An establishment which acquires, possesses, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials. This use includes a "medical marijuana dispensary," as defined in NRS 453A.115 and a "retail marijuana store" as defined in NRS 453D.030. Minimum Special Use Permit Requirements: * 1. Pursuant to its general authority to regulate the cultivation, production, dispensing, and sale of marijuana, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by generally requiring a minimum separation between a marijuana dispensary and certain other uses that should be protected from the impacts associated with a marijuana dispensary. Therefore, except as otherwise provided below, no marijuana dispensary may be located within 1000 feet of any school, or within 300 feet of any of the following uses: a. City park; b. Church/house of worship; c. Individual care - family home, individual care - group home, or individual care center (in each case licensed for the care of children); d. Community recreational facility (public); or e. Any use whose primary function is to provide recreational opportunities to minors. Such uses include without limitation commercial recreation/amusement (indoor or outdoor); library, art gallery or museum (public); teen dance center; and martial arts studio that provides instruction to minors. * 2. The distance separation referred to in Requirement 1 shall be measured with reference to the shortest distance between two property lines, one being the property line of the proposed marijuana dispensary which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed marijuana dispensary. The distance shall be measured in a straight line without regard to intervening obstacles. * 3. For the purpose of Requirement 2, and for that purpose only: a. The "property line" of a protected use refers to the property line of a fee interest parcel that has been created by an approved and recorded parcel map or subdivision map, and does not include the property line of a leasehold parcel; and b. The "property line" of a marijuana dispensary refers to: i. The property line of a parcel that has been created by an approved and recorded parcel map or commercial subdivision map; or ii. The property line of a parcel that is located within an approved and recorded commercial subdivision and that has been created by a record of survey or legal description, if: A. Using the property line of that parcel for the purpose of measuring the distance separation referred to in Requirement 1 would qualify the parcel under the distance separation requirement; B. The proposed marijuana dispensary will have direct access (both ingress and egress) from a street having a minimum right-of-way width of 100 feet. The required access may be shared with a larger development but must be located within the property lines of the parcel on which the proposed marijuana dispensary will be located; C. All parking spaces required by this Section 19.12.070 for the marijuana dispensary use will be located on the same parcel as the use; and D. The owners of all parcels within the commercial subdivision, including the owner of agreement, satisfactory to the City Attorney, that provides for perpetual, reciprocal cross-access, ingress and egress throughout the commercial subdivision. Page 512 * 4. When a retail marijuana store authorized pursuant to NRS Chapter 453D (the "Chapter 453D facility") is proposed to be located within a medical marijuana dispensary that is authorized pursuant to NRS Chapter 453A (the "Chapter 453A facility"), and the Chapter 453A facility has obtained special use permit approval as of July 1, 2017, the applicable distance separation requirements under Requirement 1 for the proposed Chapter 453D facility shall be those that were in effect at the time of special use permit approval for the Chapter 453A facility. A Chapter 453D facility that has received special use permit approval, either pursuant to a new special use permit or by means of a review of conditions under an existing special use permit, shall be deemed a conforming use for purposes of this Title. * 5. The use shall conform to, and is subject to, the provisions of LVMC Title 6, as they presently exist and may be hereafter amended. * 6. No outside storage shall be permitted, including the use of shipping containers for on-site storage. * 7. Subject to the requirements of applicable building and fire codes, public access to the building shall be from one point of entry and exit, with no other access to the interior of the building permitted. * 8. No drive-through facilities shall be permitted in conjunction with a marijuana dispensary. * 9 The Special Use Permit shall be void without further action if the uses ceases for a period exceeding 90 days. * 10. A marijuana dispensary shall obtain all required approvals from the State of Nevada to operate such a facility prior to the Special Use Permit being exercised pursuant to LVMC 19.16.110. * 11. No marijuana dispensary shall be located on any property which abuts Fremont Street west of 8th Street. On-site Parking Requirement: One space for each 175 square feet of gross floor area. (Ord. 6587 § 7, 06/21/2017) (Ord. 6606 § 3, 12/06/2017) (Ord. 6656 § 1, 11/21/2018) Marijuana Production Facility Description: An enclosed structure which acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells edible marijuana products or marijuana-infused products to marijuana dispensaries. This use includes a "facility for the production of edible marijuana products or marijuana-infused products," as defined in NRS 453A.105 and a "marijuana product manufacturing facility" as defined in NRS 453D.030. Minimum Special Use Permit Requirements: * 1. Pursuant to its general authority to regulate the cultivation, production, dispensing, and sale of marijuana, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by generally requiring a minimum separation between a marijuana production facility and certain other uses that should be protected from the impacts associated with a marijuana production facility. Therefore, except as otherwise provided below, no marijuana production facility may be located within 1000 feet of any school, or within 300 feet of any of the following uses: a. City park; b. Church/house of worship; c. Individual care - family home, individual care - group home, or individual care center (in each case licensed for the care of children); d. Community recreational facility (public); or e. Any use whose primary function is to provide recreational opportunities to minors. Such uses include without limitation commercial recreation/amusement (indoor or outdoor); library, art gallery or museum (public); teen dance center; and martial arts studio that provides instruction to minors. Page 513 * 2. The distance separation referred to in Requirement 1 shall be measured with reference to the shortest distance between two property lines, one being the property line of the proposed marijuana production facility which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed marijuana production facility. The distance shall be measured in a straight line without regard to intervening obstacles. * 3. For the purpose of Requirement 2, and for that purpose only: a. The "property line" of a protected use refers to the property line of a fee interest parcel that has been created by an approved and recorded parcel map or subdivision map, and does not include the property line of a leasehold parcel; and b. The "property line" of a marijuana production facility refers to: i. The property line of a parcel that has been created by an approved and recorded parcel map or commercial subdivision map; or ii. The property line of a parcel that is located within an approved and recorded commercial subdivision and that has been created by a record of survey or legal description, if: A. Using the property line of that parcel for the purpose of measuring the distance separation referred to in Requirement 1 would qualify the parcel under the distance separation requirement; B. The proposed marijuana production facility will have direct access (both ingress and egress) from a street having a minimum right-of-way width of 100 feet. The required access may be shared with a larger development but must be located within the property lines of the parcel on which the proposed marijuana production facility will be located; * 4. When a marijuana product manufacturing facility authorized pursuant to NRS Chapter 453D (the "Chapter 453D facility") is proposed to be located within a medical marijuana production facility that is authorized pursuant to NRS Chapter 453A (the "Chapter 453A facility"), and the Chapter 453A facility has obtained special use permit approval as of July 1, 2017, the applicable distance separation requirements under Requirement 1 for the proposed Chapter 453D facility shall be those that were in effect at the time of special use permit approval for the Chapter 453A facility. A Chapter 453D facility that has received special use permit approval, either pursuant to a new special use permit or by means of a review of conditions under an existing special use permit, shall be deemed a conforming use for purposes of this Title. * 5. The use shall conform to, and is subject to, the provisions of LVMC Title 6, as they presently exist and may be hereafter amended. * 6. No outside storage shall be permitted, including the use of shipping containers for on-site storage. * 7. An air filtration system to be designed by a Nevada licensed engineer shall be provided prior to the issuance of a certificate of occupancy. * 8. Distillation or extraction by combustible solvent is prohibited. * 9 The Special Use Permit shall be void without further action if the uses ceases for a period exceeding 90 days. * 10. A marijuana production facility shall obtain all required approvals from the State of Nevada to operate such a facility prior to the Special Use Permit being exercised pursuant to LVMC 19.16.110. 11. The use may not be located under the same roof as another use, except a marijuana cultivation facility, marijuana dispensary or marijuana production facility. On-site Parking Requirement: One space for each 500 square feet of gross floor area. (Ord. 6587 § 8, 06/21/2017) (Ord. 6606 § 4, 12/06/2017) Page 514 Mining, Sand & Gravel Excavation Description: The excavation of sand, gravel, minerals or other resources from the earth. On-site Parking Requirement: One space for each employee on the largest shift, plus one space for each facility vehicle. Mini-Storage Facility Description: A facility with enclosed storage space, divided into separate compartments no larger than 500 square feet in size, which is provided for use by individuals to store personal items or by businesses to store materials for operation of a business establishment. Conditional Use Regulations: 1. No more than one manager's security residence shall be permitted. 2. All storage shall be within an enclosed building except for the storage of recreational vehicles, which shall be completely screened from view from surrounding properties and abutting streets. 3. The following activities are prohibited on or from the premises of a mini-storage facility: a. The conducting of a business (other than the mini-storage business itself and permitted accessory uses); b. The retail sale of stored items; c. The commercial repair of motor vehicles, boats, trailers and other like vehicles; d. The operation of spray-painting equipment, power tools, welding equipment or other similar equipment; e. The production, fabrication or assembly of products. 4. The rental of single unit trucks and small utility trailers shall be permitted as an accessory use to a mini-storage facility, provided the business is conducted out of the same office as that of the mini-storage facility. No trucks or trailers shall be displayed in public view, and the combined total of all trucks and trailers stored on site shall not exceed a ratio of 2 trucks or trailers for each 100 storage units. 5. Truck and trailer storage shall be screened from streets and adjacent properties. 6. When adjacent to a residential use, the exterior wall of the mini-storage shall be constructed of decorative block. Minimum Special Use Permit Requirements: 1. No more than one manager's security residence shall be permitted. 2. All storage shall be within an enclosed building except for the storage of recreational vehicles, which shall be completely screened from view from surrounding properties and abutting streets. 3. The following activities are prohibited on or from the premises of a mini-storage facility: a. The conducting of a business (other than the mini-storage business itself and permitted accessory uses); b. The retail sale of stored items; c. The commercial repair of motor vehicles, boats, trailers and other like vehicles; d. The operation of spray-painting equipment, power tools, welding equipment or other similar equipment; e. The production, fabrication or assembly of products. 4. The rental of single unit trucks and small utility trailers shall be permitted as an accessory use to a mini-storage facility, provided the business is conducted out of the same office as that of the mini-storage facility. No trucks or trailers shall be displayed in public view, and the combined total of all trucks and trailers stored on site shall not exceed a ratio of 2 trucks or trailers for each 100 storage units. 5. Truck and trailer storage shall be screened from streets and adjacent properties. 6. When adjacent to a residential use, the exterior wall of the mini-storage shall be constructed of decorative block. Page 515 On-site Parking Requirement: One space per 50 storage units, spread throughout the development, plus a minimum of 5 spaces on the exterior side of the security fence for customers. If truck or trailer rental is conducted as an accessory use, one space for each rental vehicle shall be provided in addition to the number required under the preceding sentence. Mixed-Use Description: The vertical integration of residential uses and commercial or civic uses within a single building or a single development, where the uses share pedestrian access, vehicular access, parking functions, or any combination thereof. Conditional Use Regulations: 1. Residential uses permitted as of right in the R-3 and R-4 Zoning Districts are permitted as conditional uses within a C- 1 or C-2 Zoning District. 2. Commercial uses or civic uses shall at a minimum be located at the ground level fronting the primary public rights-of- way and may extend beyond the ground floor. The principal entryway to access those uses, whether individually or collectively, shall be directly accessed from and oriented to the public sidewalk. 3. Residential uses shall not be permitted on the ground floor fronting on primary public rights-of-way, but may be located at or above the second level of the building. Residential uses may be located on the ground floor of any building or portion thereof that is located at the interior of the development site and does not front on an arterial or collector street. 4. Surface parking lots shall be located to the side or the rear of the principal building(s) on the site, and shall be screened from view of the adjacent rights-of-way by the principal building(s) or a landscape buffer in conformance with the requirements of LVMC Chapter 19.08. Parking structures shall not be located along the street frontages of the development site, but shall be screened from view of the adjacent rights-of-way by the principal building(s). Minimum Special Use Permit Requirements: 1. Residential uses permitted as of right in the R-3 and R-4 Zoning Districts may be permitted by means of a Special Use Permit within a P-O, O or C-PB Zoning District. 2. Nonresidential uses permitted as of right in the P-O, O and C-1 Zoning Districts may be permitted by means of a Special Use Permit within an R-3 or R-4 Zoning District. 3. Commercial uses or civic uses shall at a minimum be located at the ground level fronting the primary public rights-of- way and may extend beyond the ground floor. The principal entryway to access those uses, whether individually or collectively, shall be directly accessed from and oriented to the public sidewalk. 4. Residential uses shall not be permitted on the ground floor fronting on primary public rights-of-way, but may be located at or above the second level of the building. Residential uses may be located on the ground floor of any building or portion thereof that is located at the interior of the development site and does not front on an arterial or collector street. 5. Surface parking lots shall be located to the side or the rear of the principal building(s) on the site, and shall be screened from view of the adjacent rights-of-way by the principal building(s) or a landscape buffer in conformance with the requirements of LVMC Chapter 19.08. Parking structures shall not be located along the street frontages of the development site, but shall be screened from view of the adjacent rights-of-way by the principal building(s). On-site Parking Requirement: To be determined in accordance with the applicable parking calculations for mixed-use developments that are set forth in LVMC 19.18.030. (Ord. 6253 §2, 05/15/13) Mobile Home Description: A factory-assembled structure equipped with the necessary service connections and made so as to be movable as a unit on its own running gear and designed to be used for a one-family residential use. Conditional Use Regulations: Page 516 1. No sales or display of mobile homes is permitted, except for: a. The sale in-place, by the owner or his agent, of a mobile home that has previously been located and continuously occupied in that mobile home park by the owner. b. The sale in-place, by a mobile home dealer, of a mobile home that has previously been located and continuously occupied in that mobile home park by the owner of the home and that has been taken as a trade-in or purchased from the owner. c. The placement of a mobile home within a mobile home park for the purpose of sale or display, or both, as a sales model only. For purposes of this Conditional Use Regulation 1, a financial institution that has succeeded to the interest in a mobile home of its owner, through foreclosure, shall be deemed to be the agent of the owner. On-site Parking Requirement: Two spaces per site. Mobile Home Park Description: An area or tract of land where 2 or more mobile homes or mobile home lots are rented or held out for rent. This use does not include an area or tract of land where: 1. More than half of the lots are rented overnight or for less than three months for recreational vehicles. 2. Mobile homes are used occasionally for recreational purposes and not as permanent residences. Conditional Use Regulations: 1. No sales or display of mobile homes is permitted, except for: a. The sale in-place, by the owner or his agent, of a mobile home that has previously been located and continuously occupied in that mobile home park by the owner. b. The sale in-place, by a mobile home dealer, of a mobile home that has previously been located and continuously occupied in that mobile home park by the owner of the home and that has been taken as a trade-in or purchased from the owner. c. The placement of a mobile home within a mobile home park for the purpose of sale or display, or both, as a sales model only. For purposes of this Conditional Use Regulation 1, a financial institution that has succeeded to the interest in a mobile home of its owner, through foreclosure, shall be deemed to be the agent of the owner. On-site Parking Requirement: Two spaces per site (may be tandem) and one guest space for every 6 mobile home sites, distributed throughout the development. Monorail Description: A non technology specific system used to transport passengers, including any system on a fixed land route installed and operated on an extensive fixed guideway or rail, and including a monorail as defined in NRS Chapter 705. This use does not include a system to transport passengers between two end points with no intermediate stops, or a monorail that functions only as a part of a theme park or permanent exhibition under LVMC Chapter 6.81. Minimum Special Use Permit Requirements: 1. A Special Use Permit may be approved only in conjunction with the approval of necessary licensing for the monorail and the approval of an agreement to authorize the operation of the monorail system with the City. 2. Conditions may be imposed upon associated passenger terminals, power propulsion systems, parking lots, maintenance facilities and other accessory land and buildings that are referred to in the application. 3. Accessory commercial uses may be permitted in conjunction with the system if they are specified in the application. Page 517 4. Structures shall be designed to be architecturally compatible with existing buildings and structures in the vicinity of the system. Structures associated with the system may be permitted at heights greater than otherwise permitted by this Title if the heights are specified in the application. 5. Site development standards otherwise applicable, such as yard setbacks, building separation or location requirements, may be reduced or eliminated in connection with the approval of a Special Use Permit. 6. Ground level equipment, power propulsion systems and maintenance facilities shall be screened from streets and residential development with a decorative block wall not to exceed 10 feet in height; landscaping sufficient to screen the equipment, systems and facilities; or a combination thereof, as required in connection with the approval of a Special Use Permit. If the height of the block wall exceeds 6 feet, a notarized letter of approval must be obtained from the owner of any adjacent property that has been developed. 7. Advertising signs are permitted only in accordance with the applicable requirements of this Title or as permitted in agreement with the City to authorize the operation of the monorail system. 8. Approval of a Special Use Permit shall not be deemed to give the monorail system the right to use the property of any person without that person's consent or to compel the City to use its power of eminent domain to acquire property for the system. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on a particular site. Mortuary or Funeral Chapel Description: A facility in which one or both of the following activities occur: 1. Dead bodies are prepared for burial or cremation. 2. Funeral services are conducted. On-site Parking Requirement: If funeral services are conducted, one space for each 4 fixed seats or one space for each 100 square feet of non-fixed seating area in the gathering room, whichever is greater. If operated otherwise, one space for each employee on the largest shift. Motor Vehicle Sales (New) Description: A facility or area , other than an auto sales showroom, for the display and sale or leasing of new automobiles, trucks, motorcycles and motor scooters, but excluding mopeds. This use includes service bays and auto body shops which are incidental and accessory to the sales use. Conditional Use Regulations: 1. Motor vehicle sales may include an outdoor used car sales lot when operated by a franchised, new car dealer. The used car sales shall be located directly adjacent to the new car sales and service facility and be operated as an incidental use. 2. The installation and use of an outside public address or bell system is prohibited. 3. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. 4. All accessory service shall be performed inside an enclosed area. 5. Accessory automobile rental is permitted. * 6. Any motor vehicle sales use to be located north of Cheyenne Avenue must be located on a parcel with a GC-TC land use designation. On-site Parking Requirement: One space for each 500 square feet of enclosed gross floor area. Vehicles that are on display or for sale may not be parked or stored in parking spaces that are designated as off street parking necessary to meet the minimum requirements. The parking and storage of such vehicles must occur only in spaces that are in excess of the required minimum parking. Page 518 Motor Vehicle Sales (Used) Description: A facility or area, other than an auto sales showroom, used primarily for the display and sale or leasing of used automobiles, motorcycles and motor scooters , but excluding mopeds. This use includes service bays and auto body shops which are incidental and accessory to the sales use. Conditional Use Regulations: 1. The installation and use of an outside public address or bell system is prohibited. 2. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. 3. Accessory automobile rental is permitted. Minimum Special Use Permit Requirements: 1. The minimum site area designated for this use shall be 25,000 square feet. 2. The installation and use of an outside public address or bell system is prohibited. 3. All exterior lighting shall be screened or otherwise designed so as not to shine directly onto any adjacent parcel of land. 4. Accessory automobile rental is permitted. * 5. No motor vehicle sales (used) may be located on Rancho Drive, between Vegas Drive and Craig Road. On-site Parking Requirement: One space for each 500 square feet of enclosed gross floor area designated for this use. Vehicles that are on display or for sale may not be parked or stored in parking spaces that are designated as off street parking necessary to meet the minimum requirements. The parking and storage of such vehicles must occur only in spaces that are in excess of the required minimum parking. (Ord. 6504 § 2, 02/03/16) Motorcycle/Motor Scooter Sales Description: A facility or area for the display and sale of motorcycles and motor scooters, whether new or used, but excluding mopeds. This use includes service bays which are incidental and accessory to the sales use. The term "motorcycle/motor scooter sales" is used for the sole purpose of allowing the use by means of Special Use Permit in the C-1 District. For all other purposes, the use described here shall be treated under the appropriate category of motor vehicle sales. Minimum Special Use Permit Requirements: 1. All display and sales shall take place in an enclosed building. 2. The minimum gross floor area of the building (or tenant space) that is dedicated to this use shall be 7000 square feet. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Mounted Antenna over 15 Feet (Ultimate Height) Description: An antenna that is attached to a structure as permitted under this Title and that has an ultimate height that exceeds 15 feet. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Multi-Family Residential Description: A structure used or designed as a residence for 3 or more families or households living independently of each other. Page 519 Conditional Use Regulations: 1. This use is permitted only in conjunction with an approved Mixed-Use development. On-site Parking Requirement: Calculated by the capacity of each unit as described below, plus one additional guest space for every 6 units spread throughout the development: 1. Studio and One Bedroom Units - 1.25 spaces per unit. 2. Two Bedroom Units - 1.75 spaces per unit. 3. Three Bedroom and Above Units - Two spaces per unit. 4. Units developed as part of a Mixed-Use development shall provide parking in accordance with LVMC 19.18.030(D). Museum, Art Display, or Art Sales (Private) Description: A privately-operated facility or area for the acquisition, preservation, study, exhibition or sales of works of artistic, historic or scientific value. On-site Parking Requirement: One space per 300 square feet of gross floor area. Nightclub Description: An indoor or outdoor drinking, dancing, or entertainment establishment that conducts its primary business after dark, has a dance floor or open area free of tables and chairs that would allow dancing or assembly occupancies, and has sound equipment to allow live or recorded music played for the purpose of dancing (whether or not dancing actually occurs). The use may (but is not required to) include any of the following: onsite consumption of alcoholic beverages, a bar area, a fee for admittance, a promoter contracted to provide entertainment, and the sale of prepared food. In order to qualify as a nightclub, any sale of prepared food must be accessory to the primary use. The use does not include an erotic dance establishment licensed under LVMC Chapter 6.35 or an establishment that qualifies as a Teen Dance Center. Conditional Use Regulations: 1. Because the primary operations of a nightclub often include preparing and serving alcoholic beverages for immediate on-premises consumption and the provision of live entertainment, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by generally requiring a minimum separation between a nightclub and other uses that should be protected from the impacts associated with a nightclub. Therefore, except as otherwise provided below, no nightclub may be located within 1500 feet of a church, synagogue, school, individual care center licensed for more than 12 children or City park. 2. A person that desires to operate a nightclub shall obtain both a nightclub land use entitlement as well as any necessary land use entitlement for the service of alcohol for on-premises consumption. A person lawfully operating a nightclub as defined by this section and LVMC 6.39, prior to December 1, 2014, is not required to obtain a special use permit for the continued operation of such nightclub use. Real property entitled for a nightclub pursuant to this Code shall have no specific spacing requirements between other nightclubs. However, as the nightclub entitlement is a separate and distinct from any land use entitlement permitting the service of alcohol for on-premises consumption, this provision shall not act to waive or otherwise diminish the specific spacing requirements between uses entitled for the service of alcohol for on-premise consumption. 3. The distance separation referred to in Regulation 1 above and Regulation 7 below shall be measured with reference to the shortest distance between two property lines, one being the property line of the proposed nightclub which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed nightclub. The distance shall be measured in a straight line without regard to intervening obstacles. 4. For the purpose of Regulation 3, and for that purpose only: Page 520 a. The "property line" of a protected use refers to the property line of a fee interest parcel that has been created by an approved and recorded parcel map or subdivision map, and does not include the property line of a leasehold parcel; and b. The "property line" of a nightclub refers to: i. The property line of a parcel that has been created by an approved and recorded parcel map or commercial subdivision map; or ii. The property line of a parcel that is located within an approved and recorded commercial subdivision and that has been created by a record of survey or legal description, if: A. Using the property line of that parcel for the purpose of measuring the distance separation referred to in Regulation 1 would qualify the parcel under the distance separation requirement; B. The proposed nightclub will have direct access (both ingress and egress) from a street having a minimum right-of-way width of 100 feet. The required access may be shared with a larger development but must be located within the property lines of the parcel on which the proposed nightclub will be located; C. All parking spaces required by this Section 19.12.070 for the nightclub will be located on the same parcel as the use; and D. The owners of all parcels within the commercial subdivision, including the owner of the nightclub parcel, sign an agreement, satisfactory to the City Attorney, that provides for perpetual, reciprocal cross-access, ingress and egress throughout the commercial subdivision. 5. The distance separation requirement set forth in Regulation 1 does not apply to an establishment which has a non- restricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. 6. The use shall conform to, and is subject to, the provisions of LVMC Chapter 6.50. 7. Except as otherwise provided in Regulation 8 below, no nightclub may be located within 500 feet of any single family dwelling. 8. The distance separation requirement set forth in Regulation 7 does not apply to: a. An establishment which has a non-restricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. b. A nightclub located within the boundaries of the Downtown Entertainment Overlay District or within the boundaries of the Pedestrian Mall as defined by LVMC Chapter 11.68. c. A nightclub that meets all the following criteria: i. Is located within a building that has a minimum of 5000 square feet of gross floor area dedicated to the nightclub use. ii. Is located on a parcel with a minimum net site area of 0.25 acres; and iii. Is located on a parcel that is adjacent to Las Vegas Boulevard between Charleston Boulevard and Fremont Street. 9. Alcohol service is only permitted in conjunction with the following Title 6 alcoholic beverage licenses: Beer and Wine Room, Tavern, Tavern-Limited, General On-Sale and Urban Lounge. Minimum Special Use Permit Requirements: Page 521 *1. Because the primary operations of a nightclub often include preparing and serving alcoholic beverages for immediate on-premises consumption and the provision of live entertainment, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by generally requiring a minimum separation between a nightclub and other uses that should be protected from the impacts associated with a nightclub. Therefore, except as otherwise provided below, no nightclub may be located within 1500 feet of a church, synagogue, school, individual care center licensed for more than 12 children or City park. *2. A person that desires to operate a nightclub shall obtain both a nightclub land use entitlement as well as any necessary land use entitlement for the service of alcohol for on-premises consumption. A person lawfully operating a nightclub as defined by this section and LVMC 6.39, prior to December 1, 2014, is not required to obtain a special use permit for the continued operation of such nightclub use. Real property entitled for a nightclub pursuant to this Code shall have no specific spacing requirements between other nightclubs. However, as the nightclub entitlement is a separate and distinct from any land use entitlement permitting the service of alcohol for on-premises consumption, this provision shall not act to waive or otherwise diminish the specific spacing requirements between uses entitled for the service of alcohol for on-premise consumption. *3. The distance separation referred to in Requirement 1 above and Requirement 8 below shall be measured with reference to the shortest distance between two property lines, one being the property line of the proposed nightclub which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed nightclub. The distance shall be measured in a straight line without regard to intervening obstacles. *4. For the purpose of Requirement 3, and for that purpose only: a. The "property line" of a protected use refers to the property line of a fee interest parcel that has been created by an approved and recorded parcel map or subdivision map, and does not include the property line of a leasehold parcel; and b. The "property line" of a nightclub refers to: i. The property line of a parcel that has been created by an approved and recorded parcel map or commercial subdivision map; or ii. The property line of a parcel that is located within an approved and recorded commercial subdivision and that has been created by a record of survey or legal description, if: A. Using the property line of that parcel for the purpose of measuring the distance separation referred to in Requirement 1 would qualify the parcel under the distance separation requirement; B. The proposed nightclub will have direct access (both ingress and egress) from a street having a minimum right-of-way width of 100 feet. The required access may be shared with a larger development but must be located within the property lines of the parcel on which the proposed nightclub will be located; C. All parking spaces required by this Section 19.12.070 for the nightclub will be located on the same parcel as the use; and D. The owners of all parcels within the commercial subdivision, including the owner of the nightclub parcel, sign an agreement, satisfactory to the City Attorney, that provides for perpetual, reciprocal cross-access, ingress and egress throughout the commercial subdivision. 5. The distance separation requirement set forth in Requirement 1 does not apply to an establishment which has a non-restricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. 6. The distance separation requirement set forth in Requirement 1 may be waived in accordance with the provisions of LVMC 19.12.050(C) under the following circumstances: a. In connection with a proposed nightclub that will be located on a parcel within the C-V District; the Market District or Symphony Park District as shown in Figure 3 of the Development Standards adopted in LVMC Page 522 19.10.110(B);the Gaming Enterprise Overlay District; the Fremont East Entertainment District; the 18b Arts District or the Downtown Casino Overlay District; b. In connection with a proposed nightclub to be located on a parcel within that certain area formerly identified as the Office Core District, described as the area bounded on the north by the centerline of Bridger Avenue, on the east by the centerline of 6th Street, on the south by the centerline of Garces Avenue, and on the west by the eastern edge of the Union Pacific Railroad right-of-way line; c. In connection with a proposed nightclub that will be located within an establishment which has a non-restricted gaming license and is not exempted pursuant to Requirement 5; or d. In connection with a proposed nightclub to be operated in conjunction with an establishment that has a tavern- restricted alcoholic beverage license pursuant to LVMC 6.50.253. 7. The use shall conform to, and is subject to, the provisions of LVMC Chapter 6.50. *8. Except as otherwise provided in Requirement 9 below, no nightclub may be located within 500 feet of any single- family dwelling. 9. The distance separation requirement set forth in Requirement 8 does not apply to: a. An establishment which has a non-restricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. b. A nightclub located within the boundaries of the Downtown Entertainment Overlay District or within the boundaries of the Pedestrian Mall as defined by LVMC Chapter 11.68. c. A nightclub that meets all the following criteria: i. Is located on a parcel that is adjacent to Las Vegas Boulevard between Charleston Boulevard and Fremont Street; ii. Is located on a parcel with a minimum net site area of 0.25 acres; and iii. Is located within a building that has a minimum of 5000 square feet of gross floor area dedicated to the nightclub use. d. A nightclub operated in conjunction with an establishment that has a tavern-restricted alcoholic beverage license pursuant to LVMC 6.50.253. *10. Alcohol service, if any, is permitted only in conjunction with the following Title 6 alcoholic beverage licenses: Beer and Wine Room, Tavern, Tavern-Limited, Tavern-Restricted, General On-Sale and Urban Lounge. On-site Parking Requirement: One space for every 3 persons at maximum capacity. (Ord. 6413 § 5, 05/06/15) (Ord. 6568 § 2, 02/01/17) (Ord. 6608 § 13, 12/06/17) (Ord. 6621 § 8-10, 05/16/18) (Ord. 6682 § 9 & 10, 04/03/19) Office, Medical or Dental Description: A professional office for the administration of professional medical, psychological or dental care, including examinations, screenings and minor outpatient surgical procedures. This use does not include a facility that provides housing for individuals, a clinic, or any other facility that is specifically defined in this Title. On-site Parking Requirement: One space for each 200 square feet of gross floor area up to 2,000 square feet, plus one space for each additional 175 square feet. Page 523 Office, Other than Listed Description: A building or rooms used for conducting the affairs of a business, profession, service, industry or government other than those which are specifically listed in this Title. This use includes a radio broadcasting facility and a recording studio. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Off-Premise Sign Description: Any sign advertising or announcing any place, product, goods, services, idea or statement whose subject is not available at, nor is located on, the lot where the sign is erected or placed. Minimum Special Use Permit Requirements: 1. See LVMC 19.12.120. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Open Air Vending/ Transient Sales Lot Description: An outdoor area or lot that is used exclusively, or on a regular or periodic basis, for the sale or taking of orders for any merchandise, including food items, where such merchandise is displayed or sold within or upon the area or lot. This use includes the display or sale of merchandise by means of Open Air Vending, Mobile Food Vending and a Farmer's Market. This use includes the display or sale of merchandise by means of Open Air Vending and Mobile Food Vending. Conditional Use Regulations: 1. Except as provided in this Conditional Use Regulation 1, no signage is allowed, including temporary signage. Signage that is allowed by this Conditional Use Regulation 1 is not subject to the sign regulations and processes of Title 19 that otherwise would apply, except as specifically provided. The limited signage allowed by this Conditional Use Regulation 1 is as follows: a. In the case of Open Air Vending or Mobile Food Vending, the vehicle or portable unit may include signage which is affixed thereto but only to the extent such signage is not prohibited by LVMC 19.08.120(E)(3). b. In the case of a Farmer's Market, on-premises market event signage is permitted, but shall be limited to a single sign of no more than 32 square feet. Individual vendor signage is permitted, but is limited to one sign per vendor, and not to exceed 15 square feet per vendor space. All signage is prohibited at any time other than during a market event. 2. The site must be kept free of any litter or debris at all times. 3. No structures shall be allowed within the public right-of-way. 4. The installation of permanent or temporary tables, chairs, tents, or coverings for dining areas (including tarps and umbrellas) is prohibited, except when the use of such facilities: a. Has been approved by means of a Site Development Plan Review; b. Is within the plaza area of a commercial lot; or c. Is in accordance with Conditional Use Regulation 9 below. 5. Vehicles or portable units used in the operation may not occupy: a. Required parking spaces or required drive aisles; or b. Required loading zones, unless otherwise permitted under Conditional Use Regulation 8. 6. The vending/sales activity must be located at least 150 feet from residential development. except where the location is part of a mixed-use development. Page 524 7. For Open Air Vending, in addition to Conditional Use Regulations 1 through 6: a. No such vending is permitted in the O (Office) Zoning District; b. No such vending is permitted on undeveloped lots or developed lots with unoccupied structures or unpaved surfaces; c. No such vending is permitted within landscaped areas; d. No more than one vendor is permitted on any one lot, and the vending area shall be limited to a maximum of 500 square feet; provided, however, that these limitations do not apply: i. In connection with a Special Event Permit that allows a greater level of vending activity by means of Open Air Vending; ii. On a parcel whose development approval or approvals contemplate a greater level of vending activity by means of Open Air Vending; or iii. Within the plaza area of a commercial lot; e. At a location other than the plaza area of a commercial lot, vending operations shall comply with required building setbacks for that location; f. On any lot that is adjacent to a residentially zoned lot, the hours of operation shall be limited to the period between 10 a.m. and 8 p.m.; and g. No supply or drainage pipes or power supply cords that pertain to the vending operation may be placed on or across surface parking or unimproved areas, or be attached to adjoining or nearby buildings, unless the vending operation is located immediately adjacent to the building so that the attached pipes or power cords have minimal exposure and do not present a potential hazard for passersby. 8. For Mobile Food Vending, in addition to Conditional Use Regulations 1 through 6: a. No vendor may operate on any one parcel, lot or commercial subdivision for more than 4 hours within any 24- hour period; b. No more than two vendors are permitted on one parcel, lot or commecial subdivision within any 24-period; c. No vendor may operate within a required loading zone exceptas approved in conjunction with a Special Event Permit; d. Such vending is permissible on undeveloped lots, or developed lots with unoccupied structures or unpaved surfaces, but only to the extent that such vending complies with all applicable air quality standards adopted by the Clark County Department of Air Quality; and e. On unpaved lots, such vending is limited to a maximum disturbance area (including vehicles, parking and customer areas) of 5,000 square feet, regardless of the overall lot size, unless a greater disturbance area is approved in connection with a dust mitigation permit from the Clark County Department of Air Quality. 9. For Farmer's Markets, in addition to Conditional Use Regulations 1 through 6: a. The use is not permitted in the O (Office) Zoning District; b. The use is not permitted on undeveloped lots or developed lots with unoccupied structures or unpaved surfaces; c. The use is not permitted within landscaped areas; d. At a location other than the plaza area of a commercial lot, the use shall comply with required building setbacks for that location; e. On any lot that is adjacent to a residentially zoned lot, the hours of operation of the use shall be limited to the period between 10 a.m. and 8 p.m.; and f. No supply or drainage pipes or power supply cords that pertain to the use may be placed on or across surface parking or unimproved areas, or be attached to adjoining or nearby buildings, unless the use is located immediately adjacent to the building so that the attached pipes or power cords have minimal exposure and do not present a potential hazard for passersby. Page 525 g. The use may include the installation of use of temporary booths, tables, chairs, and similar structures. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. (Ord. 6220 § 13, 10/17/12) Outcall Entertainment Referral Service/Escort Bureau Description: A business which, for a fee, commission, hire, or profit: 1. Sends or refers an entertainer to an entertainment location (as defined in LVMC 6.57.030) in response to a telephone or other request to entertain a patron at the entertainment location; or 2. Furnishes or arranges for escorts to accompany other persons for social engagements. Minimum Special Use Permit Requirements: 1. The business must be located at least 500 feet from any residentially-zoned property and 1500 feet from any church/house of worship, school, individual care center licensed for more than 12 children or park, measured in each case from property line to property line without regard to intervening obstacles. 2. No outcall entertainers, escorts or escort runners shall be physically dispatched from the property. 3. No business may be transacted with patrons on the property. 4. Except as may otherwise be required by ordinance or by the Director, there shall be no on-site signage or other advertising of any kind, whether on the property or elsewhere, which advertises the address or physical location of the business. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Outdoor Storage Description: The use of a significant portion of a lot or area for the long term retention (more than 24 hours) of materials and machinery or equipment, regardless of whether the materials, machinery or equipment are to be bought, sold, repaired, stored, incinerated, or discarded. This use includes the storage of self-contained cargo containers that have not been converted into a permanent building, but does not include new or used motor vehicle sales and rental display, nor does it include accessory and incidental parking of vehicles for residents, guests, customers or employees in connection with a principal use. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Package Liquor Off-Sale Establishment Description: An establishment, other than a grocery store with alcohol or a retail establishment with package liquor off- sale,whose license to sell alcoholic beverages authorizes their sale to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where the same are sold. This use includes an establishment that provides on-premises wine, cordial and liqueur tasting if the licensee also holds a wine, cordial and liqueur tasting license for that location. This land use entitlement shall only permit the consideration of LVMC Title 6 package alcoholic beverage licenses for the following types of establishments: 1. Liquor store, as described in LVMC 6.50.170(B)(2). 2. Establishment for instructional winemaking, as described in LVMC 6.50.170(B)(3). 3. Ancillary craft distillery, as described in LVMC 6.50.090 Minimum Special Use Permit Requirements: Page 526 * 1. Distance Separation Requirements. Pursuant to its general authority to regulate the sale of alcoholic beverages, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by generally requiring both minimum separation between a package liquor off-sale establishment and other uses that should be protected from impacts associated with a package liquor off-sale establishment and/or possible impacts associated with the saturation of package liquor off-sale establishments in any particular area of the City. Therefore, except as otherwise provided herein, such package liquor off-sale establishment use shall be separated from other uses as indicated below: *a. Except as otherwise provided, no package liquor off-sale establishment (hereinafter "establishment") shall be located within 400 feet of any church/house of worship, school, individual care center licensed for more than 12 children, or City park. *b. Except as otherwise provided, no liquor store shall be located within 1000 feet of any other liquor store, liquor establishment (tavern), urban lounge or sexually oriented business. * 2. Except as otherwise provided in Requirement 3 below, the distances referred to in Requirement 1 shall be determined with reference to the shortest distance between two property lines, one being the property line of the proposed establishment which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed establishment. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks access to a public street or has no area for on site parking and which has been created so as to avoid the distance limitation described in Requirement 1. * 3. In the case of an establishment proposed to be located on a parcel of at least 80 acres in size, the minimum distances referred to in Requirement 1 shall be measured in a straight line: a. From the nearest property line of the existing use to the nearest portion of the structure in which the establishment will be located, without regard to intervening obstacles; or b. In the case of a proposed establishment which will be located within a shopping center or other multiple tenant structure, from the nearest property line of the existing use to the nearest property line of a leasehold or occupancy parcel in which the establishment will be located, without regard to intervening obstacles. 4. The minimum distance requirements in Requirement 1 do not apply to an establishment which has a nonrestricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992 or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. 5. The distance separation requirement set forth in Requirement 1 may be waived in accordance with the provisions of LVMC 19.12.050(C), but only in connection with a proposed package liquor off-sale establishment that will have an ancillary craft distillery business license and that will be operated in conjunction with a craft distillery that qualifies as such under NRS 597.235. *6. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC Chapter 6.50. *7. No package liquor off-sale use shall be permitted on or adjacent to the Pedestrian Mall, as defined in LVMC Chapter 11.68. *8. This use is permitted in the C-PB Zoning District only when it is ancillary to a craft distillery that qualifies as such under NRS 597.235. On-site Parking Requirement: Page 527 1. If less than 25,000 square feet, one space per 175 square feet of gross floor area. 2. If 25,000 square feet or more, one space per 250 square feet of gross floor area. (Ord. 6612 § 3, 02/21/2018) Parking Facility Description: A lot or structure developed for public or private parking as a primary use of the subject site on which it is located. This use does not include any ancillary lot or structure provided in conjunction with a primary use in order to meet minimum required parking standards. Conditional Use Regulations: 1. The parking facility must be ground-level. 2. The use of the parking facility shall cease between 9:00 p.m. and 6:00 a.m., including the use of any exterior lighting (except for security lighting). On-site Parking Requirement: One space, designated as employee-only parking, for each employee on the largest shift. Parking Lot/Sidewalk Sale Description: A promotional sales event that is conducted by a business operation outside the confines of the commercial or manufacturing structure in which the business operation is normally conducted. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Pawn Shop Description: A facility (other than a bank, savings and loan or mortgage banking company) used for the business of lending money on the security of pledged goods or for the business of the purchase of tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Conditional Use Regulations: 1. The use shall comply with the applicable requirements of LVMC Chapter 6.60. 2. No outdoor display, sales or storage of any merchandise shall be permitted. 3. No pawn shop shall be located on either side of Fremont Street or on Las Vegas Boulevard South, between Charleston Boulevard and Sahara Avenue. 4. No pawn shop use may be located closer than 200 feet from any parcel used or zoned for residential use. In addition, no pawn shop use may be located closer than 1000 feet from any other pawn shop use or specified financial institution use. For purposes of this Regulation 4, distances shall be measured in a straight line from property line to property line, without regard to intervening obstacles. The term "property line" refers to property lines of fee interest parcels and not leasehold parcels. Minimum Special Use Permit Requirements: * 1. The use shall comply with the applicable requirements of LVMC Chapter 6.60. * 2. No outdoor display, sales or storage of any merchandise shall be permitted. * 3. No pawn shop shall be located on either side of Fremont Street or on Las Vegas Boulevard South, between Charleston Boulevard and Sahara Avenue. 4. No pawn shop use may be located closer than 200 feet from any parcel used or zoned for residential use. In addition, no pawn shop use may be located closer than 1000 feet from any other pawn shop use or specified financial institution use. For purposes of this Regulation 4, distances shall be measured in a straight line from property line to Page 528 property line, without regard to intervening obstacles. The term "property line" refers to property lines of fee interest parcels and not leasehold parcels. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Pawn, Auto Description: A pawn shop that lends money on the security of a motor vehicle, which the pawn shop takes possession of as the pledged property. Conditional Use Regulations: 1. The use shall comply with the applicable requirements of LVMC Chapter 6.60. 2. Except for the parking of automobiles, no outdoor display, sales or storage of any merchandise shall be permitted. 3. Vehicles that have been pawned may not be parked or stored in parking spaces that are designated as off street parking necessary to meet the minimum requirements of this Subchapter. Any parking or storage of such vehicles must occur only in spaces that are in excess of the required minimum parking. 4. No auto pawn use shall be located on either side of Fremont Street or on Las Vegas Boulevard South, between Charleston Boulevard and Sahara Avenue. 5. Window signs shall not: a. Cover more than 20 percent of the area of all exterior windows; b. Include flashing lights or neon lighting; or c. Include any text other than text that indicates the hours of operation and whether the business is open or closed. 6. The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m. 7. The building or portion thereof that is dedicated to the use shall have a minimum size of 1500 square feet, and shall be designed to have sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space (such as "teller" windows or desks). 8. No auto pawn use may be located closer than 200 feet from any parcel used or zoned for residential use. In addition, no auto pawn use may be located closer than 1000 feet from any other auto pawn use, auto title loan use or specified financial institution use. For purposes of this Regulation 8, distances shall be measured in a straight line from property line to property line, without regard to intervening obstacles. The term "property line" refers to property lines of fee interest parcels and not leasehold parcels. Minimum Special Use Permit Requirements: 1. The use shall comply with the applicable requirements of LVMC Chapter 6.60. 2. Except for the parking of automobiles, no outdoor display, sales or storage of any merchandise shall be permitted. 3. Vehicles that have been pawned may not be parked or stored in parking spaces that are designated as off street parking necessary to meet the minimum requirements of this Subchapter. Any parking or storage of such vehicles must occur only in spaces that are in excess of the required minimum parking. 4. No auto pawn use shall be located on either side of Fremont Street or on Las Vegas Boulevard South, between Charleston Boulevard and Sahara Avenue. 5. Window signs shall not: a. Cover more than 20 percent of the area of all exterior windows; b. Include flashing lights or neon lighting; or c. Include any text other than text that indicates the hours of operation and whether the business is open or closed. 6. The hours of operation shall not extend beyond the hours of 8:00 a.m. to 11:00 p.m. Page 529 7. The building or portion thereof that is dedicated to the use shall have a minimum size of 1500 square feet, and shall be designed to have sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space (such as "teller" windows or desks). 8. No auto pawn use may be located closer than 200 feet from any parcel used or zoned for residential use. In addition, no auto pawn use may be located closer than 1000 feet from any other auto pawn use, auto title loan use or specified financial institution use. For purposes of this Regulation 8, distances shall be measured in a straight line from property line to property line, without regard to intervening obstacles. The term "property line" refers to property lines of fee interest parcels and not leasehold parcels. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Pet Boarding Description: A lot, building, premises or structure on which four or more household pets are kept regularly and for extended periods of time for the benefit of persons who do not reside on the premises. This use includes facilities that provide shelter, care, feeding, exercising, grooming or incidental medical care for household pets for remuneration or otherwise on a commercial basis, as well as a kennel operation. Conditional Use Regulations: 1. All animals shall be confined within an enclosed area or on a leash at all times. 2. Structures shall be designed to provide reasonable sound barriers and odor protection for adjoining properties. 3. Pens shall be screened from view from adjacent streets and adjoining properties. 4. Any exterior pens that are adjacent to a residential parcel shall be located a minimum of 50 feet from the parcel. 5. All operations and activities shall be in accordance with LVMC Title 7. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Pet Shop Description: A retail establishment engaged in the sale of pets, small animals, pet supplies, or pet grooming services. Conditional Use Regulations: 1. All animals shall be confined within an enclosed building at all times. 2. The building shall be designed to provide complete sound bafflers and odor protection for the adjacent property. On-site Parking Requirement: 1. If less than 25,000 square feet, one space per 175 square feet of gross floor area. 2. If 25,000 square feet or more, one space per 250 square feet of gross floor area. Post Office, Local Service Description: A branch office of the United States Postal Service that handles the mail for no more than 5 zip codes. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Post Office, Regional Description: A branch office of the United States Postal Service that handles the mail for more than 5 zip codes. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Printing & Publishing Description: An establishment that provides printing, publishing, duplicating, or collating services using photocopy, blueprint, off-set printing, or related equipment. On-site Parking Requirement: One space for each 500 square feet of gross floor area. Page 530 Private Club, Lodge or Fraternal Organization Description: 1. Private Club - A facility of a private organization for the preparation and service of food and/or drink for members and their guests. 2. Lodge or Fraternal Organization - A facility for a special purpose organization for the sharing of sports, arts, literature, politics or other similar interests, but not primarily for profit or to render a service that is customarily carried on as a business. On-site Parking Requirement: One space for each 50 square feet of assembly area. Private Street Description: A street designated for use by specified property owners, maintained by or on behalf of those property owners, and not dedicated to nor intended for access by the general public. Conditional Use Regulations: 1. Eligibility as Conditional Use. Private streets are permitted pursuant to the following provisions only if: a. The streets are public streets within an existing subdivision that are proposed to be converted to private streets; and b. All the lots within the subdivision conform to the minimum lot size requirements of Title 19. 2. Design and Construction Standards. Unless otherwise approved by the City Council or otherwise provided by means of a specific regulation governing private streets, every private street shall conform to the same standards that govern the design and construction of public streets. 3. Access Restrictions. The entrances to all private streets must be marked with a sign stating that it is a private street. Guard houses, access control gates and cross arms may be constructed. All restricted access entrances shall be manned 24 hours every day or provide an alternative means of ensuring access to the subdivision by the City and other emergency and utility service providers with appropriate identification. If the association fails to maintain reliable access as required to provide City services, the City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. The association documents shall contain provisions in conformity with this paragraph which may not be amended without the written consent of the City. 4. Access Restricted Entrance Design Standards. Any private street which has access control gates or cross arms must be of a break-away design. A turn-around space must be located in front of any restricted access entrance to allow vehicles denied access to safely exit onto public streets. Any guardhouse, or other entry feature designed as a drive- through, must have a minimum clearance of fourteen feet in height above the road surface. 5. Streets Excluded. Streets shown on the Master Plan of Streets and Highways shall not be used, maintained, or constructed as private streets. Also, the Department may deny the creation of any other private street if it is determined that the private street would have any of the following effects: a. Negatively affect traffic circulation on public streets; b. Impair access to property either on-site or off-site to the subdivision; c. Impair access to or from public facilities including schools, parks and libraries; or d. Delay the response time of emergency vehicles. 6. Property Owners' Associations Required. Subdivisions developed with private streets must have a mandatory property owners' association which includes the participation of all properties served by private streets. Except as otherwise provided in Regulation 7, the association shall own and be responsible for the maintenance of private streets and appurtenances. The association documents must establish a reserve fund for the maintenance of streets and other improvements. Such documents are subject to review and approval by the City to ensure that adequate provision for maintenance has been made. Page 531 7. Private Street Requirements. Private streets must be located on property that is separately owned by a property owners' association or is subject to perpetual access easements running in favor of the owners of lots within the subdivision. Private streets must include provision for appropriate easements to be granted to the City and to other utility providers allowing necessary use and access for utilities and the maintenance thereof. The easements must also provide the City and protective service providers with the same right of access they would have if the streets were public streets. 8. Waiver of Services. The subdivision final map, property deeds and property owners' association documents shall note that certain City services shall not be provided on private streets. Among the services which will not be provided are: routine police patrols, enforcement of traffic and parking ordinances, preparation of accident reports and other services which may not be reasonably or properly available within a particular development. All private regulatory signs shall conform to State of Nevada regulations. 9. Special Use Permit. In cases where a Special Use Permit is required to allow private streets that do not conform to the provisions of Paragraphs (1) through (5) above, the provisions of Paragraphs (1) through (8) above are minimum standards that shall presumptively apply to a Special Use Permit for this use. The prohibitions and requirements in Paragraphs (5) through (8) are not waivable in connection with a Special Use Permit approval. On-site Parking Requirement: None Public or Private School, Primary Description: An institution that provides kindergarten through 8th grade education and is supported by a public, religious or private organization. Minimum Special Use Permit Requirements: 1. Adequate pick-up and drop-off areas must be provided on-site. On-site Parking Requirement: Three spaces per classroom. Public or Private School, Secondary Description: An institution that provides 9th through 12th grade education and is supported by a public, religious or private organization. Minimum Special Use Permit Requirements: 1. Schools shall be located on a collector street or larger. On-site Parking Requirement: Nine spaces per classroom. Public Park or Playground Description: A park, playground, swimming pool, reservoir, golf course, or athletic field owned, operated and maintained by a local or State-level government entity. On-site Parking Requirement: Two spaces per gross acre, plus additional parking for each major sports or recreational facility as determined by reference to the applicable requirements of this table for similar facilities (e.g., commercial recreation/amusement facility, community recreational facility, golf course, golf driving range, game courts, etc.). For facilities not specifically listed, the parking requirement shall be determined by applying the nearest comparable standard, as determined by the Director. Radio, TV or Microwave Communication Tower Description: A freestanding structure which supports antennae that transmit or receive any portion of the electromagnetic spectrum. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Rail/Transit Yard or Shop Page 532 Description: A facility or area for the maintenance, repair, or storage of bus, rail or other transit vehicles. On-site Parking Requirement: One space for each employee on the largest shift. Recreational Vehicle and Boat Storage Description: An area or facility used for the storage of recreational vehicles, boats, or any combination thereof. For purposes of this description, a "recreational vehicle" is a vehicle towed, or self-propelled on its own chassis, or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. This use includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes and converted trucks or buses. Conditional Use Regulations: 1. Storage of recreational vehicles and boats is not permitted within required setbacks or buffer areas. 2. Storage areas that are not screened by an intervening building shall be screened completely from view from any public street by a screening device at least 8 feet in height. In addition, storage areas shall be screened completely from view from any adjoining property by a screening device at least 8 feet in height, except along the property line of any adjoining property that is zoned C-M or M. 3. The commercial repair of recreational vehicles, boats, trailers and other like vehicles is prohibited. Minimum Special Use Permit Requirements: 1. Storage of recreational vehicles and boats is not permitted within required setbacks or buffer areas. 2. Storage areas that are not screened by an intervening building shall be screened completely from view from any public street by a screening device at least 8 feet in height. In addition, storage areas shall be screened completely from view from any adjoining property by a screening device at least 8 feet in height, except along the property line of any adjoining property that is zoned C-M or M. 3. The commercial repair of recreational vehicles, boats, trailers and other like vehicles is prohibited. On-site Parking Requirement: One space for each 50 storage spaces, spread throughout the development, plus a minimum of five spaces for customer use on the exterior side of the security fence. Recycling Collection Center Description: A facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper or clothing for recycling purposes conducted totally within an enclosed structure or container. This use does not include processing except for "can banks" that crush cans as they are deposited. Conditional Use Regulations: 1. A collection center that is located in a parking area may not occupy required off-street parking spaces. 2. A collection center shall be sited so as to not impede traffic flow. 3. The owner of the property and the owner and operator of the collection center shall: a. Remove products stored at the collection center at least once a week; b. Keep the collection center in proper repair and maintain a neat and clean appearance on the exterior of the center; and c. Keep the building site clean and neat in appearance, and shall dispose of collected items and litter from the site. On-site Parking Requirement: One space for each 500 square feet of enclosed gross floor/yard area. Rental Store Description: A facility for the rental of general merchandise to the general public, not specifically listed as a different use elsewhere in this Title. Typical general merchandise includes clothing and other apparel, electronics, videos, tools and garden equipment, furniture and other household appliances, special occasion or seasonal items, and similar consumer goods. Page 533 On-site Parking Requirement: One space for each 250 square feet of enclosed gross floor area. Rescue Mission or Shelter for the Homeless Description: A building that is used or intended to be used to provide to homeless individuals temporary accommodations, shelter, meals or any combination thereof. For purposes of the preceding sentence, a "homeless individual" includes an individual who lacks a fixed, regular and adequate nighttime residence. On-site Parking Requirement: One space per four beds, or one space per 750 square feet of gross floor area, if no beds are provided. Restaurant Description: An establishment providing for the preparation and retail sale of food and beverages, including without limitation cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out (i.e. pizza) and similar uses. Conditional Use Regulations: 1. The restaurant use must be ancillary to a primary use, and shall not exceed 2000 square feet in gross floor area. On-site Parking Requirement: One space for each 50 square feet of public seating and waiting area (including outdoor areas for seating and waiting), plus one space for each 200 square feet of the total remaining gross floor area. Restaurant with Alcohol Description: A restaurant and bar operation with alcoholic beverage sales in which: 1. The actual seating available at all times within the dining area will accommodate at least 100 persons. For purposes of this requirement, the "dining area" does not include bar stool seating at the bar or lounge seating, but may include table or booth seating within the bar area and table seating within a patio area; 2. Alcoholic beverages are served in the restaurant area only in conjunction with the service of food; 3. Full-course meals are available during all hours the bar area is open to the public; 4. A cook and food server, other than a bartender, are available at all times the bar area is open to the public; and 5. The restaurant operation is the principal portion of the business. Minimum Special Use Permit Requirements: 1. No restaurant with alcohol use shall be located within 400 feet of any church/house of worship, school, individual care center licensed for more than 12 children, or City park. 2. Except as otherwise provided in Requirement 3 below, the minimum distances referred to in Requirement 1 shall be determined with reference to the shortest distance between two property lines, one being the property line of the proposed restaurant with alcohol which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed restaurant with alcohol. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks access to a public street or has no area for on-site parking and which has been created so as to avoid the distance limitation described in Requirement 1. 3. In the case of a restaurant with alcohol proposed to be located on a parcel of at least 80 acres in size, the minimum distances referred to in Requirement 1 shall be measured in a straight line: a. From the nearest property line of the existing use to the nearest portion of the structure in which the restaurant with alcohol will be located, without regard to intervening obstacles; or b. In the case of a proposed restaurant with alcohol which will be located within a shopping center or other multiple-tenant structure, from the nearest property line of the existing use to the nearest property line of a Page 534 leasehold or occupancy parcel in which the restaurant with alcohol will be located, without regard to intervening obstacles. 4. When considering a Special Use Permit application for a restaurant with alcohol which also requires a waiver of the distance limitation in Requirement 1, the Planning Commission shall take into consideration the distance policy and shall, as part of its recommendation to the City Council, state whether the distance requirement should be waived and the reasons in support of the decision. 5. The minimum distance requirement in Requirement 1 does not apply to an establishment which has a nonrestricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. 6. The parcel or use is operated or controlled by an agency or subdivision of local, state or federal government. (C-V only) * 7. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC Chapter 6.50. On-site Parking Requirement: One space for each 50 square feet of public seating and waiting area, including outdoor areas for seating and waiting, plus one space for each 200 square feet of the total remaining gross floor area, with a minimum of ten spaces required. Restaurant with Service Bar Description: A bar wherein alcoholic beverage drinks are prepared for service only at tables in a restaurant and for consumption only in connection with a meal served on the premises, and where customers are not permitted to purchase alcoholic beverage drinks directly from the bar or for off-premise consumption. Conditional Use Regulations: 1. Any restaurant with service bar must be more than 400 feet from any church/house of worship, school, individual care center licensed for more than 12 children, or City park. 2. Except as otherwise provided in Regulation 3 below, the minimum distances referred to in Regulation 1 shall be determined with reference to the shortest distance between two property lines, one being the property line of the proposed restaurant service bar which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed restaurant service bar. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of measurement, the term "property line" refers to property lines of fee interest parcels and does not include the property line of: a. Any leasehold parcel; or b. Any parcel which lacks access to a public street or has no area for on-site parking and which has been created so as to avoid the distance limitation described in Regulation 1. 3. In the case of a restaurant with service bar proposed to be located on a parcel of at least 80 acres in size, the minimum distances referred to in Regulation 1 shall be measured in a straight line: a. From the nearest property line of the existing use to the nearest portion of the structure in which the restaurant with service bar will be located, without regard to intervening obstacles; or b. In the case of a proposed restaurant with service bar which will be located within a shopping center or other multiple tenant structure, from the nearest property line of the existing use to the nearest property line of a leasehold or occupancy parcel in which the restaurant with service bar will be located, without regard to intervening obstacles. 4. The minimum distance requirement in Regulation 1 does not apply to a restaurant with service bar which has a nonrestricted gaming license in connection with a hotel having 200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel having in excess of 200 guest rooms after July 1, 1992. 5. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC Chapter 6.50. Page 535 On-site Parking Requirement: One space for each 50 square feet of public seating and waiting area (including outdoor areas for seating and waiting), plus one space for each 200 square feet of the total remaining gross floor area, with a minimum of ten spaces required. Salvage or Reclamation of Products (Indoor) Description: An indoor facility for storing, keeping, selling, dismantling, or salvaging scrap or discarded material or equipment which is not considered as another use under this Title. Scrap or discarded material includes, but is not limited to, metal, paper, rags, tires, bottles or inoperable or wrecked motor vehicles, motor vehicle parts, machinery, structural steel, equipment and appliances. This use includes facilities for recycling recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans and other products, which can be returned to a condition in which they may again be used for production. On-site Parking Requirement: One space for each 1000 square feet of gross floor area. Salvage or Reclamation of Products (Outdoor) Description: An outdoor area or facility for storing, keeping, selling, dismantling, or salvaging scrap or discarded material or equipment which is not considered as another use under this Title. Scrap or discarded material includes, but is not limited to, metal, paper, rags, tires, bottles or inoperable or wrecked motor vehicles, motor vehicle parts, machinery, structural steel, equipment and appliances. This use includes facilities for recycling recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans and other products, which can be returned to a condition in which they may again be used for production. Conditional Use Regulations: 1. The minimum site area dedicated to this use shall be 25,000 square feet. 2. All areas used for the parking and storage of operable vehicles shall be paved. 3. All stored, damaged, or wrecked vehicles, parts and equipment shall be effectively screened so as not to be visible from adjoining properties or public rights-of-way. 4. In addition to the requirements in LVMC 19.08.040((F), mature evergreen trees shall be installed along the perimeter property lines to screen any vehicle parts storage area from surrounding properties. 5. Perimeter walls, a minimum of 8 feet in height, shall be installed along all property lines. 6. Repair activities and vehicle loading and unloading shall be prohibited on adjoining streets and alleys. 7. Service bays with access from the exterior of the structure shall not face the public rights of way. 8. All on-site lighting shall be stationary and directed away from adjoining properties. All lighting shall be shielded, hooded or otherwise designed so that direct glare and reflections are contained within the boundaries of the parcel. No light shall extend into any residential zoning district. 9. All repair activities and operations shall be conducted entirely within an enclosed structure. Outdoor hoists shall be prohibited. 10. Repair facilities shall close all windows and doors when performing body and fender work, hammering, sanding or other noise-generating activities. 11. All hazardous materials resulting from the repair, storage, or dismantling operation shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable Federal, State, and local regulations. On-site Parking Requirement: One space for each 1000 square feet of gross floor area dedicated to this use, plus one space for every 10,000 square feet of gross yard area. Satellite Dish Description: A device which: Page 536 1. Incorporates a reflective surface that is solid, open mesh, or bar-configured; 2. Has the shape of a shallow dish, cone, horn or cornucopia; and 3. Is used to receive electromagnetic signals. Conditional Use Regulations: 1. Satellite dishes are permitted as an accessory use, subject to the following: a. In single family residential districts, satellite dishes are permitted in the rear yard only, except that dishes 18 inches in diameter or smaller are also permitted in the side yards. In districts other than single family residential, satellite dishes are allowed in yard areas or on rooftops. b. Satellite dishes shall be fully screened from view of streets and public open areas. When located on ground level, they shall be screened to the full height of the structure with landscaping. When located on a rooftop, they shall be located and screened so as to minimize visual impact from other properties in the area. c. Satellite dishes shall not exceed 10 feet in diameter, nor 12 feet in height when the dish is vertically positioned. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Seasonal Outdoor Sales Description: The temporary outdoor sale and display of the following (and only the following) holiday goods in connection with the corresponding holidays: 1. Christmas trees; 2. Halloween pumpkins; 3. Valentine's Day flowers; and 4. Mother's Day flowers. This use does not include fireworks sales, which are governed by LVMC Chapter 9.28 and are subject to the requirements of the Department of Fire and Rescue. No Temporary Commercial Permit required if the sales operation: 1. Takes place on the same site as, and is in conjunction with, the operation of an established commercial business with a valid business license for that site; and 2. Conforms with all applicable City ordinances and standards. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Secondhand Dealer Description: A retail facility which deals solely in used commodities with no new commodities, or in which the sale of secondhand or used articles is incidental to the sale of new articles of the same kind. For purposes of this description, the sale of secondhand or used articles is deemed to be incidental to the sale of new articles. Used articles may include furniture, fixtures, appliances, tableware, offices supplies, pictures, paintings, jewelry, cutlery, guns, precious or semiprecious gemstones, or scrap precious metals as defined in LVMC Chapter 6.74, but does not include the sale of junk as defined in that Chapter, or the sale of used cars. This use does not include a Thrift Shop. This use also does not include the following, all of which are allowed where the retail sale of new merchandise if permitted: 1. The buying, selling or trading of wearing apparel, infant/child items, general household furnishings or specified liquid waste, as those terms are defined in LVMC Chapter 6.74; 2. The buying and selling of foreign or domestic coins for numismatic purposes; 3. The buying and selling of antiques, used books, newspapers or periodicals; or Page 537 4. The buying and selling of collectibles, including collectibles that consist of phonograph records, other audio recordings and the equipment necessary to listen to such recordings. Collectibles qualifying under this Paragraph 4 include any kind of cabinet or similar furniture whose sale would otherwise fall within the definition of "secondhand dealer" if and only if that item is used in displaying one or more collectible items and is designed or intended to be sold together with the collectible items for purposes of display. Conditional Use Regulations: 1. No outdoor display or sales of any merchandise shall be permitted, except as allowed pursuant to LVMC 19.16.160 for a Temporary Commercial Permit. 2. The use shall comply with the applicable requirements of LVMC Title 6. 3. No secondhand dealer shall be located on either side of Fremont Street or on Las Vegas Boulevard South, between Charleston Boulevard and Sahara Avenue. 4. In the C-1 and C-2 Zoning Districts, the use shall be limited to no more than 5,000 square feet in size. Minimum Special Use Permit Requirements: * 1. No outdoor display or sales of any merchandise shall be permitted, except as allowed pursuant to LVMC 19.16.160 for a Temporary Commercial Permit. * 2. The use shall comply with the applicable requirements of LVMC Title 6. * 3. No secondhand dealer shall be located on either side of Fremont Street or on Las Vegas Boulevard South, between Charleston Boulevard and Sahara Avenue. On-site Parking Requirement: One space for each 250 square feet of gross floor area. (Ord. 6422 § 2, 07/01/15) Senior Citizen Apartments Description: An apartment house or other multi-family dwelling in which each unit is occupied by at least one person 55 years of age or older, or in which the units are intended and operated for occupancy by persons 55 years of age or older. This use includes an apartment house or other multi-family dwelling that qualifies as "housing for older persons" under the provisions of Federal law, including without limitation housing developments that: 1. Provide significant facilities and services specifically designed to meet the physical or social needs of older persons; and 2. Publish and adhere to policies and procedures that demonstrate an intent to provide housing for persons 55 years of age or older to the extent allowed by applicable State or Federal law. Conditional Use Regulations: 1. For any development that is over three stories in height: a. The structures shall be compatible with the scale and massing of the types of development allowed in the applicable zoning district and shall provide a transition to less intensive development. b. Rooflines and facade elements shall be articulated in order to break down the apparent massing of the structures. 2. The use shall be developed and operated only in connection with ground-level nonresidential development. In the case of a multi-floor structure, the apartments themselves must be located above the ground floor, but access ways, entryways and community rooms may be located on the ground floor. 3. The primary resident or guest entryway to the apartments must be independent of ground floor commercial uses, and must be directly accessible from and oriented to a street. 4. The overall architecture of the front elevation shall highlight the difference in uses through variations in volume and proportion, and shall be treated as a cohesive whole through finishes and colors. Page 538 5. For any development that, in accordance with LVMC 19.08.070, is allowed to exceed the maximum lot coverage provisions set forth in that Section, all landscape buffer requirements and minimum setback requirements for the C- 1 District shall be met. On-site Parking Requirement: .75 spaces per unit (.5 spaces per unit within the Downtown Las Vegas Overlay District ). (Ord. 6608 §2, 12/06/17) Sex Offender Counseling Facility Description: A facility that regularly provides court-ordered or court-sanctioned treatment or counseling to sex offenders. Conditional Use Regulations: 1. The applicant must submit, for administrative review and approval, the following: a. A site plan; b. A floor plan indicating the use of each room in the facility; and c. A business plan clearly indicating that the facility will provide services pursuant to or in conformance with judicial requirements. On-site Parking Requirement: One space for each 200 square feet of gross floor area up to 2,000 square feet, plus one space for each additional 175 square feet. Sexually Oriented Business Description: Sexually Oriented Businesses include the following: 1. Adult emporium - An establishment which engages in the sale, rental or trade of books, magazines, other periodicals, sexual novelties, photographic images in any medium, or video images in any medium, and which: a. Will or does derive 35 percent or more of its gross revenue from the sale, rental or trade of books, magazines, other periodicals, sexual novelties, photographic images in any medium, or video images in any medium which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; b. At any particular time devotes 35 percent or more of its gross retail floor area to the types of inventory described in Paragraph (a) above; or c. Holds itself out, by advertising or otherwise, primarily as an outlet for the types of inventory described in Paragraph (a) above. 2. Adult mini-motion picture theater - An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 3. Adult motel - A motel wherein material is presented, as part of the motel services, via closed circuit television or otherwise, which is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 4. Adult motion picture arcade - Any place to which the public is permitted or invited wherein coin-operated or slug- operated or electronically, electrically or mechanically controlled still or motion pictures, projectors or other image- producing devices are maintained to show images to 5 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. 5. Adult motion picture theater - An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Page 539 6. Adult paper rack - Each self operated device or container, except those located in an adult emporium, which is primarily used for the distribution of magazines, papers or periodicals which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas or the advertisement of other sexually oriented businesses. 7. Massage parlor - Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or services related thereto exposes specified anatomical areas. 8. Model studio - Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. 9. Nude show - Any establishment which provides and permits the viewing of live performances of specified sexual activities or the display of specified anatomical areas upon its premises as entertainment or any attraction for business. This use does not include the display of specified anatomical areas in the showroom of a resort hotel and casino with over three hundred rooms which is subject to the casino entertainment tax described in NRS 463.401 and which is located within the DC-O (Downtown Casino Overlay) 19.10.100 District. For purposes of the preceding sentence, a showroom must contain a minimum of 300 seats. Any nude show which takes place at an establishment which is licensed or is required to be licensed to sell alcoholic beverages is subject to LVMC 6.50.510. 10. Sexual encounter center - Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not limited to, bathhouses, massage parlors and related or similar activities. Conditional Use Regulations: 1. No person shall cause or permit the establishment of any sexually oriented business in an area zoned other than C-M or M. In addition, no person shall cause or permit the establishment of any sexually oriented business within 1000 feet of any other sexually oriented business, church/house of worship, public or private school, individual care facility for children, teen dance center, park or playground. The distance shall be the shortest distance between two property lines, one being the property line of the proposed sexually oriented business which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed sexually oriented business. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of this Paragraph, the term "property line" refers to property lines of fee interest parcels and not leasehold parcels. 2. Except as otherwise provided in Regulations 4, 5 and 6, the "establishment" of a sexually oriented business includes the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area or the conversion of an existing business location to any sexually oriented business. 3. Any person establishing a sexually oriented business must first file with the Department the name and address of the business and the type of sexually oriented business to be conducted. 4. Any business existing as of September 16, 1992, that is made nonconforming by the provisions of Ordinance 3674 shall be permitted to remain in operation. However, except as otherwise provided in Regulation 6: a. No such business may be increased, enlarged, extended or altered, except to change the use to a conforming use; and b. If any such business is terminated or is abandoned for a period of at least 30 days, any future use of the property shall conform to the provisions of Ordinance 3674. 5. Except as otherwise provided in this Regulation and Regulation 6, the provisions of Regulations 3 and 4 above and the provisions of LVMC Chapter 19.14 shall apply to sexually oriented businesses. However, any existing sexually oriented business located in the M Zoning District that was made nonconforming as to a separation requirement by Page 540 either of the following circumstances shall be deemed a conforming use for purposes of expansion, enlargement or alteration: a. The adoption of a different method of measuring distance; or b. The intervening establishment within the required separation area of either a protected use or another sexually oriented business. Any such business shall continue to be subject to the provisions regarding discontinuation and removal that are set forth in LVMC 19.14.030(A)(4) and 19.14.040, respectively. 6. The provisions of Regulation 4 and the provisions of Chapter 19.14 that prohibit the expansion, enlargement or alteration of an existing use as described in those provisions shall not apply to an existing nude show or adult emporium located within Area 1 of the Downtown Las Vegas Overlay District, as shown in Figure 2 of the Development Standards adopted in LVMC 19.10.110(B), but only if and to the extent that the following conditions are met: a. Any expansion, enlargement or alteration, including all required on-site parking, must be contained entirely on the same legally-created parcel on which the use presently exists. b. The expansion, enlargement or alteration must be approved by means of a Major Site Development Plan Review pursuant to LVMC 19.16.100(G). c. Except as otherwise provided in Paragraph (d), the discontinuation and abandonment provisions of LVMC 19.14.030(A) shall continue to apply. d. For a use that is discontinued for purposes of expansion, enlargement or alteration, or in connection with a foreclosure proceeding, the use shall not be considered terminated or abandoned. However, the building permit or permits necessary to accomplish such expansion, enlargement or alteration must be obtained within 18 months after operations cease and the permits must be exercised completely before they expire. Otherwise, the use shall be deemed abandoned, the nonconforming status lost, and the future use of the property must comply with current zoning requirements. e. For purposes of this Regulation 6, the expansion, enlargement or alteration of a use includes the rebuilding or replacement of the building or buildings associated with the use. 7. Nothing in this Title pertaining to sexually oriented businesses is intended to make legal any business or activity that is expressly declared illegal under any other provisions of the Municipal Code or under any State or Federal laws. 8. The Special Use Permit provisions of LVMC 19.12.040(B) do not apply to a sexually oriented business. On-site Parking Requirement: 1. If less than 25,000 square feet, one space per 175 square feet of gross floor area. 2. If 25,000 square feet or more, one space per 250 square feet of gross floor area. (Ord. 6319 §2 , 05/21/14) (Ord. 6593 §2, 08/16/17) (Ord. 6608 §14, 12/06/17) Shopping Center Description: Any structure or group of structures that: 1. House any assemblage of various commercial tenants, including without limitation, retail uses, personal service uses, food service uses, and other ancillary uses; 2. Have a minimum combined gross floor area of 25,000 square feet; 3. Are located upon a single parcel of land or upon contiguous parcels of land; and 4. Have common vehicular access and parking facilities. This use includes a regional mall. Page 541 On-site Parking Requirement: One space per 250 square feet of gross floor area. Short-Term Residential Rental Description: The commercial use, or the making available for commercial use, of a residential dwelling unit for dwelling, lodging or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling unit or one or more individual rooms within the unit for a period of less than 31 consecutive calendar days. This use does not include a "Community Residence," "Facility for Transitional Living for Released Offenders," or any other facility with dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, this use does not include the rental or occupancy of an accessory structure (Class I or II), a tent, a trailer or a mobile unit. In the case of a single parcel containing more than one dwelling unit, each dwelling unit constitutes a separate short-term residential rental use. Conditional Use Regulations: 1. The operator must obtain a business license to operate the use. 2. The use must comply on an ongoing basis with all governmental licensing and regulatory requirements, including the payment of applicable room taxes and licensing fees. 3. The use must comply with the City's noise regulations as they apply to residential uses. 4. The use may not be located closer than 660 feet to any other Short-Term Residential Rental use (measured from property line to property line). 5. Vehicle parking associated with the use shall comply with applicable parking regulations, and vehicles of guests and invitees shall not obstruct traffic or access to other properties in the area. 6. In addition to and independent of any enforcement authority or remedy described in this Title, the failure to comply with a Conditional Use Regulation associated with this use may be enforced as in the case of a violation of Title 6 by means of a civil proceeding pursuant to LVMC 6.02.400 to 6.02.460, inclusive. 7. On any particular parcel, the use is limited to a single residential dwelling unit that is owner-occupied during each period the unit is rented and that has no more than three bedrooms, with a maximum occupancy not to exceed the limits set forth in LVMC 6.75.090. The dwelling unit is presumed to have the number of bedrooms indicated in the records of the Clark County Assessor's Office that pertain to that unit, but that presumption may be rebutted by inspection or other competent evidence. For purposes of this Regulation 7: a. "Owner" includes any person who is listed as an owner of record of the unit in the records of the Clark County Assessor or, in the case of a unit that is owned by a trust or other corporate or legal entity, a trustee or principal of that trust or entity. b. A dwelling unit qualifies as "owner-occupied during each period the unit is rented" only if the dwelling unit is the owner's primary residence, the owner continues to reside at the unit throughout the rental period, and the owner's absence, if any, from the unit during the rental period is attributable only to employment or to the running of typical personal or household errands. 8. The use is allowed in the P-O, O, C-1, C-2 and C-PB Zoning Districts only in connection with the residential component of a mixed-use development or in a dwelling unit permitted as a legal nonconforming use. 9. The Special Use Permit provisions of LVMC 19.12.040(B) do not apply to this use. On-site Parking Requirement: For any short-term residential rental that has no more than 5 bedrooms, no additional parking is required beyond that which is required for the principal use on the site. For units with more than 5 bedrooms, 1 additional space shall be required for every 2 additional bedrooms or fractional portion thereof. (Ord. 6477 §2 , 11/04/15) (Ord. 6585 § 13, 06/21/17) (Ord. 6663 § 2 & 3, 12/05/18) Single Family, Attached Page 542 Description: A dwelling unit attached to one or more other dwelling units where each dwelling unit is located on a separate lot. (Such a dwelling unit could include duplexes, townhouses, four-plexes, six-plexes, etc.) On-site Parking Requirement: Two spaces per dwelling unit, plus one guest space for every 6 dwelling units. Single Family, Detached Description: A dwelling unit that is not attached to any other dwelling by any means, is located on a separate and individually owned lot, is surrounded by open space or yards, and is for the exclusive use of a single family maintaining a household. Except where specifically provided in this Title, no such unit may have more than 1 kitchen, and all rooms used for human habitation must have interior access to one another. On-site Parking Requirement: Two spaces per dwelling unit. Single Family, Zero Lot Line Description: A single family dwelling unit that is located directly on 1 or more lot lines. Conditional Use Regulations: 1. Roof overhangs and any architectural projections shall not be permitted to cross property lines. 2. No architectural openings of any kind shall be permitted on walls sited less than 3 feet from the property line. On-site Parking Requirement: Two spaces per dwelling unit. Single Room Occupancy Residence Description: A residential facility in which furnished rooms are rented on a weekly or monthly basis and which provides common facilities and services for laundry, cleaning and meals. On-site Parking Requirement: .75 spaces per dwelling unit. Slaughtering and Processing of Live Poultry Description: An operation, which is ancillary to a retail commercial establishment, in which live poultry is slaughtered and processed in preparation for human consumption. Minimum Special Use Permit Requirements: 1. The slaughter and processing of live poultry shall be limited to chickens. The slaughter or processing of any other poultry or animals is prohibited. 2. The use may not be located closer than 1500 feet from any other facility used for the slaughter and processing of live poultry. 3. The sale of poultry on the site shall be limited to retail sales of processed poultry. 4. There shall be no sale of live poultry from the site and no use of the site for the distribution of live or processed poultry for sale off site. 5. All live poultry shall be stored within an enclosed structure on the site where the processing will take place. The slaughter and processing of poultry shall take place in an enclosed structure that is operated in accordance with all Federal, State and local regulatory criteria, including without limitation all applicable regulations of the Clark County Health District. The processing facility must be available at any time for inspection by any and all regulatory agencies with jurisdiction. 6. The maximum number of live birds allowed to be kept or maintained on site at any one time is 50. 7. The delivery and unloading of live poultry shall be at a designated sealed loading dock and shall take place only between the hours of 8:00 a.m. and 8:00 p.m. 8. The exterior and interior of a processing facility shall be maintained in an attractive, safe and sanitary condition at all times, and all on site activity must be conducted so as not to create noise, dust, debris, odors or other similar nuisances to surrounding property owners. Page 543 9. Areas used for slaughtering and butchering shall not exceed 525 square feet and shall be located in an area not readily available to the public. 10. All waste and debris shall be removed from the processing facility on a daily basis in accordance with all Federal, State and local regulatory criteria, including without limitation applicable regulations of the Clark County Health District. Waste removal shall take place only between the hours of 8:00 a.m. and 8:00 p.m. 11. No slaughtering or butchering waste of any kind may be stored outside at any time. All such waste, including any contaminated paper or cardboard, shall be stored indoors in a temperature controlled, sealed room. 12. All glass viewing areas to be used by customers for bird selection shall be installed a minimum of 48 inches above floor level. 13. No live poultry shall remain on site overnight. Any live poultry not sold by 4:00 p.m. must be slaughtered, processed and packaged for sale with other poultry products. 14. The processing facility shall be landscaped and screened as required in connection with a Site Development Plan Review. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Small Wind Energy System Description: A wind energy conversion system consisting of a wind turbine, a tower or supporting structure, and associated control or conversion electronics, which has a rated capacity of not more than 100kW and which is intended primarily to reduce on-site consumption of utility power. The use is not to be deemed an accessory structure. Conditional Use Regulations: 1. The minimum parcel size shall be 20,000 square feet. 2. No small wind energy system is eligible for approval if all or part of the property is within a conservation easement or scenic highway corridor, or is listed on the State or National Registers of Historic Places, unless the applicant submits satisfactory evidence that the addition of a small wind energy system is not a violation of the rules that govern the development of the property. 3. A system may be directly mounted on or attached to the principal structure on the site, or may be mounted on a freestanding tower. Where possible, the system should be integrated with other structures, such as buildings, light poles or on-premise sign structures, so as to minimize visual impacts. 4. A system shall not extend to a height greater than the following, measured with reference to the highest point of the fixed structure to which the system is attached (but excluding the wind turbine): a. 50 feet, for parcels in the R-D, R-1 and R-2 Zoning Districts; b. 65 feet, for parcels in the R-E, and R-3 Zoning Districts, and c. 90 feet for parcels in the R-4, P-O, O, C-D, C-1, C-2, C-M and M Zoning Districts. 5. When a system is mounted on a freestanding tower: a. The tower and any guy-wires or other supports shall comply with all minimum setbacks for the property; and b. The tower shall be set back from any habitable structure on an adjacent property a distance at least as great as the height of the tower. 6. No more than one system shall be permitted on a parcel of land. 7. A system shall be constructed and maintained so that noise levels do not exceed 60dBA, as measured by a sound level meter at the closest neighboring inhabited dwelling. However, this level may be exceeded during short term events such as utility outages or sever windstorms. 8. The applicant must submit proof of turbine certification approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association. Page 544 9. A system must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Such approvals must be received prior to the submittal of a building permit application. For locations within the Airport Overlay District, the system must comply with all regulations and requirements applicable to that district. 10. A system must comply with all applicable fire codes and building codes. 11. A building permit application for a system must be accompanied by: a. Standard drawings of the wind turbine structure including base, tower and footings; b. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer; and c. A line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. 12. Before the installation of a system, the applicant must provide satisfactory evidence that the electrical utility provider has been informed of the applicant's intent to install a system. An off-grid system shall be exempt from this requirement if the property is not served by an electrical utility provider. 13. No system shall be erected or moved onto any lot prior to construction of the main building unless a building permit has been issued for the construction of the main building. 14. Except with respect to Conditional Use Regulations 1, 3, 4, 5(b), 6 and 12 the Special Use Permit provision of Section 19.12.040(B) does not apply to this use. In the case of a Special Use Permit application filed as a consequence of not qualifying for conditional use treatment regarding any of the Regulations listed in the preceding sentence, the remaining Regulations shall apply as Minimum Special Use Permit Requirements, and Regulations 2, 5(a), 7, 8, 9, 10, 11 and 13 above, when imposed as Minimum Special Use Permit Requirements, shall be deemed to be nonwaivable. Minimum Special Use Permit Requirements: * 1. No small wind energy system is eligible for approval if all or part of the property is within a conservation easement or scenic highway corridor, or is listed on the State or National Registers of Historic Places, unless the applicant submits satisfactory evidence that the addition of a small wind energy system is not a violation of the rules that govern the development of the property. 2. A system may be directly mounted on or attached to the principal structure on the site, or may be mounted on a freestanding tower. Where possible, the system should be integrated with other structures, such as buildings, light poles or on-premise sign structures, so as to minimize visual impacts. 3. A system shall not extend to a height greater than the following, measured with reference to the highest point of the fixed structure to which the system is attached (but excluding the wind turbine): a. 50 feet, for parcels in the P-O Zoning District; and b. 90 feet, for parcels in the O Zoning District. 4. When a system is mounted on a freestanding tower: * a. The tower and any guy-wires or other supports shall comply with all minimum setbacks for the property; and b. The tower shall be set back from any habitable structure on an adjacent property a distance at least as great as the height of the tower. * 5. A system shall be constructed and maintained so that noise levels do not exceed 60dBA, as measured by a sound level meter at the closest neighboring inhabited dwelling. However, this level may be exceeded during short term events such as utility outages or severe windstorms. * 6. The applicant must submit proof of turbine certification approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association. Page 545 * 7. A system must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Such approvals must be received prior to the submittal of a building permit application. For locations within the Airport Overlay District, the system must comply with all regulations and requirements applicable to that district. * 8. A system must comply with all applicable fire codes and building codes. * 9. A building permit application for a system must be accompanied by: a. Standard drawings of the wind turbine structure including base, tower and footings; b. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer; and c. A line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. 10. Before the installation of a system, the applicant must provide satisfactory evidence that the electrical utility provider has been informed of the applicant's intent to install a system. An off-grid system shall be exempt from this requirement if the property is not served by an electrical utility provider. * 11. No system shall be erected or moved onto any lot prior to construction of the main building unless a building permit has been issued for the construction of the main building. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use on the site. Social Event with Alcoholic Beverage Sales Description: The sale of alcoholic beverages for consumption only on the premises where the same are sold in connection with weddings, school graduations, employer and employee events, recognition ceremonies, awards ceremonies, family gatherings, fund-raising events, club and organization events or other similar events which occur 17 times or more per calendar month at a facility not licensed for the sale of alcoholic beverages. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Social Service Provider Description: A facility that provides assistance to persons with limited ability for self-care, but for whom medical care is not a major element. This use includes a facility that provides assistance concerning psychological problems, employment, learning disabilities or physical disabilities, but does not include a rescue mission, homeless shelter or an adult day care center. Conditional Use Regulations: 1. An interior lobby or waiting area shall be provided and shall remain open at all times during normal business hours. On-site Parking Requirement: One space for each 300 square feet of gross floor area. Social Use Venue Description: A business which offers or allows, as part of its business activity, a location and equipment for the consumption of marijuana or marijuana products. Minimum Special Use Permit Requirements: *1. Pursuant to its general authority to regulate the use of marijuana within business establishments, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by generally requiring a minimum separation between a social use venue and certain other uses that should be protected from the impacts associated with a social use venue. Therefore, except as otherwise provided below, no social use venue may be located within 1000 feet of any school, or within 300 feet of any of the following uses: Page 546 a. City park; b. Church/house of worship; c. Individual care - family home, individual care - group home, or individual care center (in each case licensed for the care of children); d. Community recreational facility (public); or e. Any use whose primary function is to provide recreational opportunities to minors. Such uses include without limitation commercial recreation/amusement (indoor or outdoor); library, art gallery or museum (public); teen dance center; and martial arts studio that provides instruction to minors. *2. The distance separation referred to in Requirement 1 shall be measured with reference to the shortest distance between two property lines, one being the property line of the proposed social use venue which is closest to the existing use to which the measurement pertains, and the other being the property line of that existing use which is closest to the proposed social use venue. The distance shall be measured in a straight line without regard to intervening obstacles. *3. For the purpose of Requirement 2, and for that purpose only: a. The "property line" of a protected use refers to the property line of a fee interest parcel that has been created by an approved and recorded parcel map or subdivision map, and does not include the property line of a leasehold parcel; and b. The "property line" of a social use venue refers to: i. The property line of a parcel that has been created by an approved and recorded parcel map or commercial subdivision map; or ii. The property line of a parcel that is located within an approved and recorded commercial subdivision and that has been created by a record of survey or legal description, if: A. Using the property line of that parcel for the purpose of measuring the distance separation referred to in Requirement 1 would qualify the parcel under the distance separation requirement; B. The proposed social use venue will have direct access (both ingress and egress) from a street having a minimum right-of-way width of 100 feet. The required access may be shared with a larger development but must be located within the property lines of the parcel on which the proposed social use venue will be located; C. All parking spaces required by this Section 19.12.070 for the marijuana consumption lounge use will be located on the same parcel as the use; and D. The owners of all parcels within the commercial subdivision, including the owner of agreement, satisfactory to the City Attorney, that provides for perpetual, reciprocal cross-access, ingress and egress throughout the commercial subdivision. *4. The use shall conform to, and is subject to, the provisions of LVMC Title 6, as they presently exist and may be hereafter amended. *5. The Special Use Permit shall be void without further action if the use ceases for a period exceeding 90 days. *6. No Special Use Permit for this use is available for any parcel that is located within 1000 feet of a parcel on which nonrestricted gaming is conducted, measured as described in Minimum Special Use Permit Requirement 2. The prohibition in the preceding sentence does not apply to any parcel regarding which a Special Use Permit for a marijuana dispensary has been approved. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site, if operated in conjunction with other such use(s). If operated as the sole or principal use, one space for each 250 square feet of gross floor area. (Ord. 6684 §5, 05/01/19) Solar Panel Page 547 Description: A small-scale unit that is designed and used, on an incidental or accessory basis, to generate power or heat (or both) to be supplied to the principal use of the site. This use: 1. Does not include an "electric generating plant" or any other utility facility that is specifically defined in LVMC Chapter 19.18 ; and 2. Shall not be deemed an accessory structure for purposes of the standards of this Title that govern accessory structures. Conditional Use Regulations: 1. When visible from a public right-of-way, solar panels shall be installed so that they project no more than 40 inches from the roof surface. 2. When mounted on a sloped roof, the enclosure cladding and support structure of solar panels (excepting the solar collection cells) shall match the roof in color and appearance. 3. Roof-mounted hot water storage systems shall not be visible from neighboring properties or public rights-of-way. 4. Within an area designated as an Historic District, the location of the proposed unit must first be reviewed and approved pursuant to LVMC 19.10.150. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use on the site. Sound Stage Description: A building or portion of a building used for the production of movies. On-site Parking Requirement: One space per 300 square feet of gross floor area. Swap Meet Description: A facility (whether indoor or outdoor) in which multiple vendors, dealers, sellers or traders have rented, leased, purchased or otherwise obtained an area from a swap meet operator for the purpose of selling, bartering, exchanging or trading new or used items of personal property, where the aggregate value of all such property exceeds the amount of 1000 dollars. Conditional Use Regulations: 1. No outdoor display, sales or storage of any merchandise or equipment is permitted. 2. No repair, installation or service work is permitted outside of an enclosed building. 3. All signage, including any temporary signage, shall comply with LVMC Chapter 19.08 . 4. The swap meet operation shall comply with all applicable requirements of LVMC Title 6. Minimum Special Use Permit Requirements: 1. No repair, installation or service work is permitted outside of an enclosed building. 2. All signage, including any temporary signage, shall comply with LVMC Chapter 19.08 . 3. The swap meet operation shall comply with all applicable requirements of LVMC Title 6. On-site Parking Requirement: Indoor: One space for each 175 square feet of gross floor area for the first 25,000 square feet of gross floor area; one space for each 250 square feet of gross floor area thereafter. Outdoor: Four spaces for each retail stall or unit. Tattoo Parlor/Body Piercing Studio Description: An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: Page 548 1. The placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. 2. The creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This use does not include a permanent makeup establishment. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Tavern-Limited Establishment Description: An establishment that is licensed with a tavern-limited license in accordance with LVMC Chapter 6.50. On-site Parking Requirement: One space for each 50 square feet of public seating and waiting area (including outdoor areas for seating and waiting), plus one space for each 200 square feet of the total remaining gross floor area, with a minimum of ten spaces required. Taxicab/Limo Yard Description: An area or facility used for the storage or dispatch of taxicabs or limousines. On-site Parking Requirement: One space for each employee on the largest shift, plus 0.5 spaces per taxi or limo when the facility is at maximum capacity. (Ord. 6203 § 6, 08/01/12) Teen Dance Center Description: An establishment that is primarily operated as a place of entertainment for persons under the age of 18 years, characterized by any or all of the following as principal activities: 1. Live, recorded, or televised entertainment, including but not limited to performance by magicians, musicians or comedians. 2. Dancing. Conditional Use Regulations: 1. The establishment must be located more than 1000 feet from any sexually oriented business. The distance shall be the shortest distance between the property line of the proposed teen dance center which is closest to the existing sexually oriented business, and the other being the property line of the sexually oriented business which is closest to the proposed teen dance center. The distance shall be measured in a straight line without regard to intervening obstacles. For purposes of this paragraph, the term "property line" refers to property lines of fee interest parcels and not leasehold parcels. 2. The hours of operation shall be limited to the period between 6:00 p.m. and midnight. 3. The floor area shall not exceed 5000 square feet. On-site Parking Requirement: One space for every 3 persons that the establishment is designed to accommodate. Temporary Contractor's Construction Yard Description: An on-site or off-site facility for the storage of construction materials and equipment intended for use in conjunction with a specific development, to be removed at the time the development is completed. This use may include a temporary batch plant. No Temporary Commercial Permit required if the use is located on the same site as the approved development and is operated in conformance with all applicable City ordinances and standards. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Page 549 Temporary Outdoor Commercial Event Description: A promotional activity, fair, circus, rodeo, festival, carnival, arts and crafts fair, tent revival, haunted house, amusement system, or concert that will be conducted at a location other than a stadium, auditorium or other public assembly facility that is designed to accommodate such an event. This use does not include one-day residential celebrations; uses within public facilities or recreational facilities regulated or organized through the Department of Leisure Services; parades and similar events that occur in the public right-of-way and are regulated by or organized through the Las Vegas Metropolitan Police Department; or grand openings of new businesses that meet all requirements of the Department of Fire and Rescue. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Temporary Real Estate Sales Office Description: An office operating at a fixed location within an existing model home, trailer or commercial structure which is used temporarily for the purpose of real estate sales. Conditional Use Regulations: 1. Within any residential district: a. The use may be located within a model home or trailer; b. The sales activity shall be limited to lots within the subdivision in which the model home or trailer is located; and c. The use shall not be permitted to operate until the requirements of LVMC 19.16.190 have been met, including the approval of a final subdivision map. 2. Within any commercial or industrial district: a. The use may be located within a trailer or an existing commercial structure; and b. The use shall not be permitted to operate and is not entitled to a certificate of occupancy until a Site Development Plan has been approved for the development to which the sales pertains. 3. If the temporary real estate sales office is a model home or is conducted from a commercial structure, the use shall expire 2 years from the date of building permit approval or whenever sales are completed, whichever occurs first. If the temporary real estate sales office is a trailer, the use shall expire 6 months from the date of approval by the Department of Building and Safety. 4. Upon termination of the use, all temporary access improvements from this site to the abutting street(s) shall be removed and replaced with permanent access improvements that meet all City standards, as required by the Department of Public Works. 5. Pursuant to LVMC 19.02.290, direct vehicular access from primary and secondary street(s) through the back of bordering lots is prohibited unless approval is granted by the Director. 6. All development must be in conformance with the submitted plot plan and floor plan. 7. Any signage for this use must first be approved in writing by the Department. On-site Parking Requirement: A minimum of 5 on site parking spaces shall be provided, and the spaces provided shall be in compliance with ADA parking requirements and LVMC Chapter 19.10 . In any commercial or industrial district, the Director may waive one or more of the required on site spaces if an equivalent number of on street parking spaces is available on a street that directly abuts the lot on which the use is located. Thrift Shop Description: A retail facility that sells any new or used merchandise that has been donated to the facility. Conditional Use Regulations: 1. No outdoor display or sales of any merchandise shall be permitted. Page 550 2. The use shall comply with the applicable requirements of LVMC Title 6. 3. Donations shall be accepted only during normal business hours. Minimum Special Use Permit Requirements: * 1. No outdoor display or sales of any merchandise shall be permitted. * 2. The use shall comply with the applicable requirements of LVMC Title 6. 3. Donations shall be accepted only during normal business hours, unless otherwise specifically approved in connection with the Special Use Permit. Where after-hours donation of items is approved, donation areas and containers, whether or not enclosed or screened, must be designed so that donated items are not visible to the general public. On-site Parking Requirement: One space for each 250 square feet of gross floor area. Time-Share Development Description: A development consisting of a minimum of 50 units that are made available for use and occupancy on a recurrent periodic basis according to an arrangement allocating this right among various holders of a time-share ownership, leasehold or other similar interest. Conditional Use Regulations: 1. No individual time-share unit may serve as a person's primary residence. 2. No access to any accessory use (giftshop, restaurant, beauty shop, etc.) shall be permitted other than from within the time-share development. 3. No exterior advertising or lighting is permitted in excess of that allowed for residential developments. On-site Parking Requirement: One space for each time-share unit, plus 10 spaces for each 1,000 square feet of accessory uses. Towing & Impound Yard Description: A lot or building used for the storage of damaged, wrecked or impounded motor vehicles for a limited period of time, usually awaiting insurance adjustment, transport to a repair shop, or recovery by the owner or operator. Conditional Use Regulations: 1. All areas used for the parking and storage of operable vehicles shall be paved. 2. All stored, damaged, or wrecked vehicles, parts and equipment shall be effectively screened so as not to be visible from adjoining properties or public rights-of-way. On-site Parking Requirement: One space for each employee, plus one space for each tow truck that is stationed at the facility. Vehicles that in storage may not be parked or stored in parking spaces that are designated as off street parking necessary to meet the minimum requirements of this Table 2. The storage of such vehicles must occur only in spaces that are in excess of the required minimum parking. Towing Service (with No Storage) Description: An establishment that provides the service of transporting damaged, wrecked or impounded motor vehicles to an off-site storage area or other facility. On-site Parking Requirement: One space for each employee, plus one space for each tow truck that is stationed at the facility. Townhouse Page 551 Description: A row or cluster of at least 3 attached dwellings in which each dwelling is located on separately owned lot, each unit is separated by 1 or more common vertical walls, each unit has its own front and rear yard access, and no unit is located over another unit. A townhouse complex may include common open space and recreational areas and facilities which are owned by all owners on a proportional, undivided basis. On-site Parking Requirement: Two spaces per dwelling unit, plus one guest space for every 6 dwelling units spread throughout the development. Trade School Description: A facility for instruction and training in trades or crafts such as auto repair, welding, bricklaying, machinery operation or other similar trades or crafts which require the use of large equipment, or outdoor training activities, or both. Conditional Use Regulations: 1. No instruction or training in welding or auto repair shall be permitted. On-site Parking Requirement: One space for each staff member, plus one space for every 2 students in class when the school is at maximum capacity. Trailer/RV Camp or Park Description: Any lot or tract of land used, or intended to be used, for the renting of space to accommodate two or more recreational vehicles. Minimum Special Use Permit Requirements: 1. The maximum density permitted in a recreational vehicle park is 20 recreational vehicle sites per acre. 2. Recreational vehicle parks shall have a minimum frontage of 100 feet at the building setback line. 3. Recreational vehicle sites, office buildings, accessory buildings and other facilities shall be set back at least 10 feet from any property lines. When adjacent to any property line adjoining a public street, the required setback shall be 15 feet. 4. Vehicular spacing: a. Pull-through recreational vehicle sites shall maintain 15 feet between vehicle parking on adjoining sites. b. Back-in recreational vehicle sites shall maintain 10 feet between vehicles, to include automobiles parking in adjoining sites. 5. Recreational vehicle sites shall be set back 20 feet from any building. * 6. A minimum of 10% of the total area of the park shall be reserved for purposes of open space or recreational facilities. Open space area shall be of sufficient size and distribution as to be a functional part of the entire park. * 7. All access drives shall be a minimum of 20 feet wide and must first be approved by the City Traffic Engineer. On-site Parking Requirement: One space for each recreational vehicle, plus one guest space for every 10 recreational vehicles. Transit Passenger Facility Description: A facility, including a park and ride, for the loading and discharging of train or bus passengers. Conditional Use Regulations: 1. The facility must be operated by a public entity. 2. The facility must be located along a collector or arterial street. 3. The principal operating hours of the commuter parking lot must not significantly conflict with those of other uses on the parcel. Page 552 4. The use must be ancillary to a primary use, and the number of parking spaces dedicated to commuter parking shall not exceed 10% of the total amount of parking required for the primary use under this Chapter. On-site Parking Requirement: To be determined on a case-by-case basis. Truck Rental Description: A facility for the rental of new or used trucks. For purposes of the limitations of this Title on outside storage, trucks kept on a lot for rental purposes are not considered to be outside storage. On-site Parking Requirement: One space for each rental vehicle, plus one space for each 250 square feet of gross floor area. Trucking Company Description: A business, service or industry involving the use of commercial vehicles in the loading, unloading and transportation of cargo. This use may also include the fueling, maintenance, servicing, storage or repair of commercial vehicles or the storage of cargo. Minimum Special Use Permit Requirements: 1. The use shall be limited to office operations and the parking of trucks and trailers. 2. No more than 5 trucks or trailers, or combination of trucks and trailers, shall be permitted on the site at any one time. 3. The parking of trucks and trailers shall be restricted to locations to the rear of onsite structures so as to not be visible from adjoining streets. 4. None of the following activities shall be permitted on site: a. The repair or servicing of vehicles. b. The storage or warehousing of goods or merchandise. c. The loading or unloading of goods or merchandise. On-site Parking Requirement: One space for each 250 square feet of floor area devoted to office use, plus one space for each 1000 square feet of remaining gross floor area. Tutoring Center Description: An institution or place of education or instruction, other than a public or private school (primary or secondary), business school, or trade school, that is owned and operated privately for profit and that does not offer a complete educational curriculum. This use includes an educational testing center. Conditional Use Regulations: 1. Adequate pick-up and drop-off areas must be provided on-site. 2. Equipment used for instructional purposes must be stored within the building. 3. Instructional services must be provided with a pupil/instructor ratio no greater than 2:1. (P-O only) On-site Parking Requirement: One space for each staff member, plus one space for every 5 students in class when the center is at maximum capacity. TV Broadcasting & Other Communication Service Description: A building or portion of a building used as a place for television broadcasting or similar communication- related activities. On-site Parking Requirement: One space per 300 square feet of gross floor area. Two-Family Dwelling Page 553 Description: A detached dwelling designed for and occupied exclusively by 2 families living independently of each other in separate dwelling units on a single lot. On-site Parking Requirement: Two spaces per dwelling unit. Urban Lounge Description: An establishment that: 1. Is licensed for the sale of alcoholic beverages for consumption on the premises where the same are sold, and the sale, to consumers only and not for resale, of alcoholic beverages in original sealed or corked containers, for consumption off the premises where the same are sold; and 2. Meets the Minimum Special Use Permit Requirements set forth below. Minimum Special Use Permit Requirements: 1. The use is limited to the area located within the boundaries of the Las Vegas Arts District, as shown in Figure 3 of the Development Standards adopted in LVMC 19.10.110(B), and as amended from time to time. 2. For each seat provided at the bar of the establishment, there must be a minimum of 2 seats within a lounge area located away from the bar. 3. The use is subject to the provisions of LVMC Chapter 6.40 relating to gaming and LVMC Chapter 6.50 relating to liquor control. On-site Parking Requirement: To be determined on a case-by-case basis. (Ord. 6608 §14.5, 12/06/17) Utility Installation, Other Than Listed Description: A facility or area used as (or for) a utility installation not specifically listed in this Title. This use does not include any type of wind energy conversion system. On-site Parking Requirement: One space, plus an additional space for each 300 square feet of habitable office space. Utility Transmission Line (Class I) Description: A utility line that is installed, operated and maintained by a municipality or a franchised utility company and is used for the transmission of: 1. Signals that pertain to the provision of telephone or cable television service; or 2. Electrical power, if the line is designed to operate at less than 15,000 volts or, regardless of voltage, is proposed to be located within a utility corridor identified in the Public Facilities and Services Element of the Las Vegas 2020 Master Plan. Conditional Use Regulations: 1. The location of routes for this use may be approved administratively. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Utility Transmission Line (Class II) Description: A utility line that is installed, operated and maintained by a municipality or a franchised utility company and is used for the transmission of electrical power, where the line is designed to operate at 15,000 volts or more, and is not proposed to be located within a utility corridor identified in the Public Facilities and Services Element of the Las Vegas 2020 Master Plan. Minimum Special Use Permit Requirements: Page 554 1. A Special Use Permit is required for the location of transmission lines which do not qualify for Conditional Use Approval or which are not approved administratively as a Conditional Use. The normal special use permit process set forth in Section 19.16.110 shall apply, as well as the provisions of NRS 278.26503(2). In the case of any conflict or inconsistency between the provisions of Section 19.16.110 and those of NRS 278.26503(3), the latter shall control and govern. 2. For any project that qualifies as a project for an agoveground utility, as defined by NRS 278.0103, the applicant may petition the Public Utilities Commission of Nevada to review any final decision of the City Council in accordance with the provisions of NRS 278.26506 and regulations adopted thereunder. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Valet Parking Description: A service provided in conjunction with a business or other establishment by which employees (or others acting on behalf of the establishment) park the vehicles of patrons or visitors in an area set aside for that purpose. Conditional Use Regulations: 1. A maximum of 20 percent of the number of parking spaces required by this Title for the principal use(s) on the site may be used for valet parking. Additional spaces may be used for valet parking only if there is an overall surplus of parking spaces provided on the site. 2. The applicant must submit to the Department, for administrative review and approval, a site development plan showing where valet spaces will be located and demonstrating that the area and methodology for valet parking will be physically designed to prevent queuing in the right-of-way unless a permit to allow use of the right-of-way has been approved pursuant to LVMC Chapter 11.53. 3. The applicant must provide written assurance that the valet parking will be operated to conform with the hours of operation that are proposed and approved for the use. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Vehicle Parking, Storage or Repair in Residential Zoning Districts Description: The parking, storage or repair of vehicles as an accessory use in residential zoning districts Conditional Use Regulations: 1. Except as otherwise provided in Regulations 2 to 14, inclusive, motor vehicles, including passenger cars, trucks and motorcycles which are not designed or used for racing or for purposes other than transportation, may be parked, stored or repaired on any property in a residential district, provided the same is accessory and incidental to the use of the property for residential purposes and does not constitute a nuisance, health or fire hazard offense under the provisions of this Code and do not have a detrimental effect on the neighborhood. Unless stored or parked within a completely enclosed building, the motor vehicles shall be stored or parked: a. In the front yard, either: i. On an approved driveway; ii. On a surface of pavers or other blocks of uniform appearance that are at least 2 inches in thickness that extends the full length and width of the vehicle; iii. On concrete or asphaltic paving that extends the full length and width of the vehicle; or iv. On a surface of decomposed granite no less than 2 inches thick, defined with borders, but this alternative is available only on lots with a zoning designation of R-E; or b. In the side yard, either: i. Obscured by a 6-foot high fence to permanently screen the vehicles from view; Page 555 ii. On an approved driveway; iii. On a surface of pavers or other blocks of uniform appearance that are at least 2 inches in thickness that extends the full length and width of the vehicle; or iv. On concrete or asphaltic paving that extends the full length and width of the vehicle; provided, however, that the vehicle storage or parking complies with the other provisions set out in Regulations 1 to 14, inclusive. 2. Except as otherwise provided in Regulation 10 below, on a single family residential lot: a. No more than 3 operable vehicles may be stored, or one vehicle per 1,250 square feet of lot area, whichever allows the greater number of vehicles; b. No more than 50 percent of the front yard area may be used for the storage or parking of vehicles; and c. No stored vehicles may be utilized for storing items of personal property, and the area under each vehicle must be kept free of debris and vegetation. 3. Unless stored or parked within a completely enclosed building, a recreational vehicle or trailer, or combination thereof, may be stored or parked only as follows: a. In a rear yard, either: i. On a surface of pavers or other blocks of uniform appearance that are at least 2 inches in thickness that extends the full length and width of the vehicle; ii. On a surface of decomposed granite no less than 2 inches thick, defined with borders; or iii. On concrete or asphaltic paving, gravel or chat that extends the full length and width of the vehicle, trailer or combination; b. In a front yard, but only on lots with a zoning designation of R-E, R-D or R-1, and in each case provided that the recreational vehicle or trailer, or combination thereof, is stored either on a surface of pavers or other blocks of uniform appearance that are at least 2 inches in thickness that extends the full length and width of the vehicle; on concrete or asphaltic paving that extends the full length and width of the vehicle, trailer or combination; or on a surface of decomposed granite no less than 2 inches thick, defined with borders (provided, however, that this third alternative is available only on lots with a zoning designation of R-E). Additionally, on a lot with a size of .2 acres or less, no recreational vehicle or trailer, or combination thereof, may be stored or parked in a front yard if it exceeds 24 feet in length. Finally, in no event may a recreational vehicle or trailer, or combination thereof, be stored or parked in a front yard in any district described in this Subparagraph (b) unless at least one of the following conditions is met: i. The recreational vehicle or trailer, or combination thereof, is stored entirely in the yard area with no portion of the unit located closer than 2 feet from an adjacent public street or sidewalk; or ii. It is demonstrated that the side and rear yards are not reasonably accessible for storage purposes. A corner lot shall be deemed to have reasonable access, and the existence of a fence or block wall, by itself, shall not be deemed to prevent reasonable access to the side or rear yards; c. In a side yard, either: i. Permanently screened from view from the public street by a 6 foot wall, with a 5 foot gate; ii. On a surface of pavers or other blocks of uniform appearance that are at least 2 inches in thickness that extends the full length and width of the vehicle; or iii. On concrete or asphaltic paving that extends the full length and width of the vehicle; d. If it is not connected to any electrical or sewer service for more than 24 consecutive hours; e. If it is not used for dwelling purposes; f. If it is not used for the storage of goods, materials or equipment, other than those items considered to be part of the recreational vehicle and are related to the immediate use and enjoyment thereof; and g. Its use is in full compliance with applicable provisions of the Fire Code and other technical codes. Page 556 4. Except as provided in Regulation 9 below: a. No vehicle may be repaired, stored or parked for more than 4 consecutive hours if its manufacturer's rated carrying capacity exceeds one ton. b. No vehicle may be repaired unless it is owned by a permanent resident at the location where the repair takes place. c. On a parcel within a single family residential district, not more than one passenger vehicle with commercial advertising displayed thereon may be stored or parked. 5. Except as otherwise provided in Regulation 10 below: a. Any vehicle that is in mechanically inoperable condition shall be stored or repaired in a garage, shed or other enclosure; in a driveway; or in a rear yard that is enclosed by a 6-foot high fence to permanently screen the vehicle from view; provided, however, that if the abutting property is undeveloped, the fencing shall not be required until the adjacent property is developed. b. No repair outside of an enclosure may occur later than 9:00 p.m. or earlier than 7:00 a.m. 6. Except as otherwise provided in Regulation 10 below: a. No more than one vehicle that is in a mechanically inoperable condition shall be stored or repaired at any time outside of a fully enclosed building on the premises, and there shall be no repair of vehicles or storage of mechanically inoperable vehicles in the side yards. b. A vehicle shall not be stored in a mechanically inoperable condition for more than 60 days. c. No repair may be performed on any motor vehicle, including a recreational vehicle, within the front yard, including any driveway area, unless the repair is a "normal, reasonable and customary repair" as defined in Regulation 14 below. d. No more than 4 vehicles may be repaired on the same parcel within any 12-month period. 7. There shall be no storage of junked vehicles, or parts thereof. Only serviceable parts for owned vehicles may be stored on the premises. Such storage shall not be permitted in the front or side yards but shall be permitted in the rear yard only if such storage is either fully enclosed by a 6-foot high fence to permanently screen the parts from view, or in a fully enclosed building; provided, however, that if the abutting property is undeveloped, the fence or enclosed building shall not be required until the adjacent property is developed. No more than 200 square feet of space shall be used for the storage of serviceable parts. 8. The following are prohibited, except in connection with an approved construction yard or except as necessary to perform grading or construction work on the premises pursuant to a development permit: a. The repair or storage of any vehicle whose primary function is other than the transportation of passengers, including but not limited to forklifts, backhoes, tractors, tow trucks and similar types of machinery, construction or industrial equipment; or b. Unless for the sole purpose of loading or unloading passengers or goods, the parking or standing of any vehicle whose primary function is other than the transportation of passengers, including but not limited to forklifts, backhoes, tractors, tow trucks and similar types of machinery, construction or industrial equipment. 9. Nothing in Regulations 1 to 14, inclusive, shall be construed to permit the operation of a business as defined in Title 6. There shall be no repair, restoration or modification of non-owned vehicles for money or barter. However, nothing in Regulations 1 to 14, inclusive, prohibits the temporary emergency repair of owned or non-owned vehicles which have become mechanically inoperable while on the property or in the street. 10. On any lot owned by a member of a duly-recognized organization of automobile collectors or restorers, the owner may exceed the limitations on vehicle storage and repair set forth in Regulations 2, 5(a) and 6 above with respect to the restoration, refurbishing or rebuilding of his or her own classic or antique vehicle if any such vehicle is covered with a fitted full-vehicle pullover cover when it is not being worked on, the vehicle's tires are inflated, and the area under the vehicle is kept free of debris and vegetation. Page 557 11. In order to facilitate vehicle inspection and enforcement under Regulations 1 to 14, inclusive, any person responsible for or engaged in the parking, storage, repair, restoration or modification of any vehicle shall, upon request, provide to any authorized enforcement officer: a. Evidence regarding the operability of the vehicle, as well as the ownership of the vehicle, such as current registration, title, bill of sale or other documentation from an authority responsible for motor vehicle regulation; b. As applicable to the exception set forth in Regulation 10, evidence regarding the person's membership in a duly- recognized organization of automobile collectors or restorers; and c. As applicable to the exception set forth in Regulation 10, evidence regarding the extent to which the vehicle or vehicles in question are actually and currently in the process of being restored, refurbished or rebuilt. 12. No vehicle may be parked or stored in a driveway unless: a. All tires or wheels that support the vehicle are in contact with the driveway; or b. Where any such tire or wheel is not in contact with the driveway, the vehicle at that location is resting on a jack stand or wheel ramp that is designed and manufactured for the purpose of temporarily supporting a vehicle. 13. The provisions of Regulations 1 to 14, inclusive, shall apply to any person in control or lawful possession of any real property, including an owner, tenant, occupant, lessee or otherwise. 14. For purposes of these Regulations: a. "Approved driveway" means a driveway that complies with all applicable curb cut requirements that have been established by the City. b. "Mechanically inoperable," with respect to a motor vehicle, means that the vehicle is inoperative, cannot be moved under its own power, or cannot be operated lawfully on a public street or highway because one or more component parts necessary for such movement or lawful operation are lacking or have been damaged or deteriorated so as to become inoperative. Such component parts include without limitation the engine, transmission, wheels, tires, doors, windshield and windows. c. "Normal, reasonable and customary repairs," with respect to a motor vehicle, means incidental repairs or service, including changing flat tires; repairing or servicing the electrical or ignition system; replacing hoses; cleaning or replacing filters; installing minor accessories; and adding or replacing lubricants, coolants, refrigerants, or hydraulics system fluids. On-site Parking Requirement: No additional parking required beyond that which is required for the principal residential use on the site. Warehouse/Distribution Center Description: An enclosed structure for the storage of goods for distribution or transfer to another location. On-site Parking Requirement: One space for each 1000 square feet of gross floor area. Wedding Chapel Description: A facility that is made available to be rented for wedding ceremonies, and may include a chapel, dressing rooms, offices, reception facilities and gardens. On-site Parking Requirement: One space for each 150 square feet in the principal assembly space. Welding Repair Description: A facility in which products made of metal or metal alloy are repaired by means of welding. On-site Parking Requirement: One space for each 500 square feet of gross floor area. Wholesale Showroom Facility Description: A building used primarily for the storage of goods and materials, and secondarily for the display of merchandise for wholesale purchase. Page 558 On-site Parking Requirement: One space for each 500 square feet of sales/display area, plus one space for each 2500 square feet of warehouse/storage area. Wireless Communication Facility, Non-Stealth Design (Not Qualifying for Conditional Use Approval) Description: A wireless communication facility that does not qualify as a stealth design wireless communication facility. Minimum Special Use Permit Requirements: * 1. No residential use may exist on the property. * 2. Any antenna tower that forms part of the facility shall conform with both the setback requirements of the zoning district and the applicable residential adjacency standards of this Title. * 3. Except in the C-V Zoning District, no antenna tower that forms part of a facility may be located within 600 feet of: a. Any other antenna tower that forms part of a wireless communication facility; or b. Any pole or tower structure of any other type that has a height of at least 60 feet. * 4. Antenna towers and associated components shall be initially painted and thereafter repainted with a flat paint, using a color that is approved by the City Council. Except as otherwise required by the Federal Communications Commission or the Federal Aviation Administration, the color of any antenna tower must generally match the surroundings or background so as to minimize its visibility. * 5. Failure to perform necessary maintenance and repainting shall be grounds for administrative and other enforcement action, including action pursuant to Requirement 9 below. * 6. Any proposed antenna tower must be designed to accommodate at least two communication providers or, in the case of a tower that exceeds 80 feet in height, at least 3 communications providers. * 7. No signals, lights, or other attention gaining devices are permitted on any antenna tower or antenna unless required by the Federal Communications Commission or the Federal Aviation Administration; provided, however, that this condition shall not be construed to prevent the mounting of an antenna on a signal, light or sign that has been legally permitted and installed. * 8. All ground level equipment, buildings and the base of any antenna tower must be screened so as to not be visible from streets and residences, with appropriate landscaping designed to ensure compatibility with surrounding uses. * 9. Any abandoned or unused antenna tower, and the associated components of any facility, shall be removed within 6 months after operations at the site cease. In the event that removal is not timely performed, the City may remove, or cause the removal of, the antenna tower and associated components, and assess the costs of removal against the property. Before taking such action, the City must deliver or mail to the property owner a notice of the City's intent to do so. The property owner shall have 30 days from the date notice is delivered or mailed to request a hearing. The failure to request a hearing shall be deemed to be a waiver of the right to be heard, and the City may immediately cause the removal of the antenna tower and any associated components, and may assess the costs against the property. On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Wireless Communication Facility, Non-Stealth Design (Qualifying for Conditional Use Approval) Description: A wireless communication facility that does not qualify as a stealth design wireless communication facility (but meets the Conditional Use Regulations listed below). Conditional Use Regulations: 1. The applicant must submit to the Department, for administrative review and approval, a site plan and an elevation drawing. The Director shall review the documents to determine the applicable treatment of the proposed facility under these Conditional Use Regulations. If the Director, in his discretion: Page 559 a. Determines that the proposed facility is a collocation of new transmission equipment, a removal of transmission equipment or a replacement of transmission equipment that: i. Does not increase the tower height by more than 10% or height of additional antenna array plus 20 feet, whichever is greater, ii. Does not add more than 4 new equipment cabinets or 1 new shelter, and iii. Does not contain a protrusion of more than 20 feet or the width or the tower, whichever is greater, the Director shall approve the application as if permitted by right. b. Determines that Paragraph (a) above does not apply and approves the proposed facility to proceed as a conditional use, the Director shall provide written notice of preliminary approval to the applicant, with a copy to the office of the City Council. That preliminary approval becomes final within 10 days after the notice has been mailed or delivered to the applicant, unless within that period a member of the City Council files with the Director a written request for the Council to review the approval. If such a request to review is filed, the application must first be reviewed and approved by the Council. c. Determines that Paragraph (a) above does not apply and that the proposed facility does not conform to the conditions listed below, a Special Use Permit will be required for the use. Any determination by the Director that a Special Use Permit will be required is not subject to appeal. 2. The facility must qualify as one or more of the following: a. An antenna that is to be collocated on an existing antenna tower or other existing structure. b. An antenna tower that is to be located on property in the C-V Zoning District. c. An antenna tower that is to be located: i. On property in the C-M or M Zoning District; and ii. A minimum distance of 600 feet from residentially zoned property. d. An antenna tower that is proposed to be located on property developed with a utility substation, and is to be located within that substation. e. A slim line design pole wireless communications facility. 3. Within an area designated as a Historic Preservation District, the proposed facility must first be reviewed by the Historic Preservation Commission before the Director considers granting approval as a conditional use. 4. The design and location of the proposed facility must be deemed by the Director to be compatible with surrounding uses, and the facility must include appropriate screening and landscaping to ensure such compatibility. 5. The frequencies used by the communication provider shall be in conformance with Federal Communication Commission standards, as certified by a competent professional (such as a radio frequency engineer). On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. Wireless Communication Facility, Stealth Design Description: A wireless communication facility that is designed to blend into the surrounding environment. Examples include without limitation: antenna tower alternative structures; roof mounted antennas (with architectural screening when appropriate); building mounted antennas painted to match the existing structure; antennas integrated into architectural elements (such as steeples or cupolas); antennas and antenna structures designed to look like light poles, flagpoles, or any other camouflaging techniques available on the market; and a cable microcell network which utilizes multiple low powered transmitters/receivers or repeaters attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. Conditional Use Regulations: Page 560 1. The applicant must submit to the Department, for administrative review and approval, a site plan and an elevation drawing. The Director shall review the documents to determine the applicable treatment of the proposed facility under these Conditional Use Regulations. If the Director, in his discretion: a. Determines that the proposed facility is a collocation of new transmission equipment, a removal of transmission equipment or a replacement of transmission equipment that: i. Does not increase the tower height by more than 10% or height of additional antenna array plus 20 feet, whichever is greater, ii. Does not add more than 4 new equipment cabinets or 1 new shelter, and iii. Does not contain a protrusion of more than 20 feet or the width or the tower, whichever is greater, the Director shall approve the application as if permitted by right. b. Determines that Paragraph (a) above does not apply and approves the proposed facility to proceed as a conditional use, the Director shall provide written notice of preliminary approval to the applicant, with a copy to the office of the City Council. That preliminary approval becomes final within 10 days after the notice has been mailed or delivered to the applicant, unless within that period a member of the City Council files with the Director a written request for the Council to review the approval. If such a request to review is filed, the application must first be reviewed and approved by the Council. c. Determines that Paragraph (a) above does not apply and that the proposed facility does not conform to the conditions listed below, a Special Use Permit will be required for the use. Any determination by the Director that a Special Use Permit will be required is not subject to appeal. 2. No residential use may exist on the property. 3. The design must conform to the definition of the term "Wireless Communication Facility, Stealth Design," as set forth in LVMC 19.18.020 and as determined by the Director. 4. Within an area designated as a Historic Preservation District, the proposed facility must first be reviewed by the Historic Preservation Commission before the Director considers granting approval as a conditional use. 5. The design and location of the proposed facility must be deemed by the Director to be compatible with surrounding uses, and the facility must include appropriate screening and landscaping to ensure such compatibility. 6. The frequencies used by the communication provider shall be in conformance with Federal Communication Commission standards, as certified by a competent professional (such as a radio frequency engineer). On-site Parking Requirement: No additional parking required beyond that which is required for the principal use(s) on the site. (Ord. 6210 § 56 through 95, 09/05/12) (Ord. 6229 §7, 12/19/12) (Ord. 6243 § 2 and 3, 04/03/13) (Ord. 6266 § 28 through 33, 09/04/13) (Ord. 6270 § 10 through 14, 09/18/13) (Ord. 6315 § 3, 05/07/14) (Ord. 6320 § 6 through 10, 05/21/14) (Ord. 6321 § 4, 05/21/14) (Ord. 6323 § 13 through 14, 06/04/14) (Ord. 6333 § 2, 07/02/14) Page 561 (Ord. 6339 § 6 through 7, 08/07/14) (Ord. 6357 § 3, 10/01/14) (Ord. 6395 § 2 through 5, 01/21/15) (Ord. 6396 § 5 through 7, 02/04/15) (Ord. 6467 §2 through 20, 10/07/15) (Ord. 6477 §2, 11/04/15) (Ord. 6505 §1 through 8, 02/03/16) (Ord 6545 § 2 through 5, 08/03/2016) (Ord. 6562 § 13 through 15, 01/04/17) (Ord. 6568 § 2, 02/01/17) (Ord. 6578 §3, 05/03/2017) (Ord. 6585 §12 and 13, 06/21/17) (Ord. 6593 §2, 08/16/17) (Ord. 6684 §5, 05/01/19) 19.12.080 Use Restrictions for CD-O District A. All uses in the CD-O District shall conform to the following: 1. Retail shops shall sell new merchandise exclusively except for antique shops. All products produced, whether primary or incidental, shall be sold at retail on the premises, and not more than two persons shall be engaged in the production of such products. 2. There shall be no mixed residential and commercial use of any property and in the event there is an existing residential use on a property, no commercial use of the property shall be permitted until the residential use has permanently ceased. 3. No use or business activity shall remain open to the public for business between the hours of 9:00 p.m. and 7:00 a.m. 4. All uses and activity shall be contained within a completely enclosed building and there shall be no outside storage, service or sales. No trailers or other portable structures may be used for storage purposes. 19.12.090 Use Restrictions for P-O and O Districts A. P-O District All uses in the P-O District shall conform to the following: 1. No products shall be stored, displayed or sold on the premises. 2. No trucks, vans or other commercial vehicles shall be stored or parked on the property overnight. 3. No service shall be performed upon a client except those related to the service of the medical profession including dentists, opticians, optometrists, chiropractors, psychologists, etc. 4. Services shall not include the production or repair of any goods except as an incidental use to a permitted service. 5. Instructional services at a physician's office must be provided with a pupil/instructor ratio no greater than two to one; provided, however, that the Director may approve a higher pupil/instructor ratio upon a showing that Page 562 sufficient off-street parking is available for the number of pupils anticipated. Equipment used for instructional purposes must be stored within the building. 6. Except in accordance with a Special Use Permit approving the establishment of a Mixed-Use use as defined by LVMC Chapter 19.18 , there shall be no mixed residential and commercial use of any property and in the event there is an existing residential use on a property, no commercial use of the property shall be permitted until the residential use has permanently ceased. 7. No use or business activity shall remain open to the public for business between the hours of 9:00 p.m. through 7:00 a.m. All exterior lighting, except for security lighting, shall be turned off. B. O District. In the O District, all storage or display of merchandise and equipment shall be within a completely enclosed building. No trailers or other portable structures may be used for storage purposes. C. All Non-Residential Districts. No outdoor storage, sales, rent or display of products or equipment is permitted except in accordance with the provisions of this Title, or a specific Special Use Permit approval granted thereunder. 19.12.100 Similar and Prohibited Uses A. Unlisted Uses The uses permitted in this Chapter are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Chapter are prohibited. However, additional new and unlisted uses may be permitted by the Director if the Director finds that the use is similar to other uses listed in the same zoning district. B. Appeals An applicant who is aggrieved by the decision of the Director with respect to the allowability of an unlisted use may appeal the decision to the City Council. The appeal shall be filed in the office of the City Clerk, with a copy to be filed in the office of the Department. Unless otherwise stated in the Council's action, the determination of the Council with respect to the appeal shall constitute a permanent and consistent interpretative decision which the Director shall apply in all future instances. C. Conditions When considering requests to permit a new or unlisted land use as being similar to a listed use, the Director or City Council shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate. Based upon such consideration, the Director or Council, in approving a request under this Section, may impose appropriate and reasonable conditions designed to ensure compatibility and consistency of uses. D. Authorization of New Uses New uses which have been permitted by the Director or City Council, pursuant to this Section shall be added by ordinance amendment on a periodic basis. E. Uses Expressly Prohibited Without limiting the general applicability of Subsection (A) above, the commercial use of a residential dwelling unit for dwelling, lodging or sleeping purposes, wherein any individual guest rents or occupies the unit for a period of less than thirty-one consecutive calendar days, is prohibited except as otherwise permitted under this Title. 19.12.110 Intent and Effect of Cross-Referencing Tools Page 563 The Land Use Tables that appear in LVMC 19.12.010 and the various minimum standards that are set forth in other Sections of this LVMC Chapter 19.12 include certain cross-referencing tools that are intended to assist the City and the public in using and applying the Unified Development Code. For example, this Chapter occasionally refers to the Land Use Tables to help the user correlate the various provisions of the Code that apply. These cross-referencing tools are for the sake of convenience and assistance only, and do not diminish the applicability of substantive standards and limitations of this Code. 19.12.120 Off-Premise Signs A. Off-Premise Signs Defined Off-premise signs are to be considered primarily a specific type of land use rather than as an incidental use to an existing land use. Off-premise signs generally produce revenue to the property owner(s) as a land use as compared to on-premise signs which in themselves do not produce revenue but are incidental to a revenue-producing land use. However, because of the special characteristics of off-premise signs as compared to other types of land uses and structures, certain qualifications and requirements are set forth in connection with off-premise signs as a permitted use in certain zoning districts. B. Special Use Permit Required 1. Except as otherwise provided in Subsections (F) and (G) of this Section a Special Use Permit is required for all off- premise signs prior to the construction, placement, erection or modification of the sign in accordance with the requirements of this Title. A Special Use Permit application shall be processed in accordance with LVMC 19.16.110. Furthermore, the property owner(s), owner(s) of the structure or other responsible person shall maintain in force, at all times, a sign certificate for the sign in accordance with the requirements of this Title. 2. The Special Use Permit requirement set forth in Paragraph (1) is in addition to and independent of any locational provision or limitation contained in this Section. In determining whether to approve or deny a Special Use Permit under this Section, the Planning Commission and City Council may consider the aesthetic impact of the sign on the area and all other aspects of the sign's compatibility with the surrounding area, including the existence or nonexistence of other signage in the area. 3. In connection with the approval of a Special Use Permit under this Section, the Planning Commission or City Council may impose a time limit on the approval or require a periodic review of the sign as a condition of approval, provided that: a. In the case of a time limit, the limit is not less than three years; and b. In the case of a periodic review, the review is not sooner than three years after the approval. 4. After conducting a review, the City Council may require removal of the sign if it is demonstrated that conditions in the surrounding area have changed in such a manner that the sign no longer meets the standards established in LVMC 19.16.110(L). C. Locational Provisions 1. No off-premise signs shall be erected in the public right-of-way. 2. No off-premise sign certificate of any kind shall be issued for an existing or proposed sign unless the sign is consistent with all requirements of this Title (including those protecting existing signs). 3. Except as provided in Paragraph (12) below, off-premise signs are permitted in the C-1, C-2, C-M and M Zoning Districts only . 4. No off-premise sign shall have a surface area greater than 672 square feet, except that an embellishment of not to exceed five feet above the regular rectangular surface of the sign may be added if the additional area contains no more than 128 square feet. Any embellishment may include lettering, text, numerals or images, but only to the extent that such items do not exceed fifty percent of any linear side of the sign. 5. Off-premise signs which are within 660 feet of the right-of-way and which can be read from Interstate 15, US 95 from the north city limits to the Oran K. Gragson Highway, the Oran K. Gragson Highway or Interstate 515 shall Page 564 be no closer than 750 feet (measured along the highway frontage) to any other off-premise sign along the same frontage. Each side of the highway shall be considered a separate frontage. The sign and all other off-premise signs not oriented toward the same highway shall be no closer than 300 feet in any direction to any other off- premise sign, wherever located, including an off-premise sign that is situated outside the corporate boundaries of the City. 6. The distance to and from a sign shall be measured with reference to the point on the ground that is directly beneath the center of the sign structure. 7. Off-premise signs which are within 660 feet of the right-of-way and which can be read from Interstate 15, US 95 from the north city limits to the Oran K. Gragson Highway, the Oran K. Gragson Highway or Interstate 515 shall not be higher than 40 feet except as provided in Subparagraphs (a) and (b) below. The height shall be measured from the grade at the point of construction to the top of the sign. The display surface shall not be higher than 30 feet nor wider than 60 feet. a. An off-premise sign within 150 feet of the right-of-way line of an elevated freeway or highway to which it is oriented may be erected 30 feet above the elevation of the elevated roadway surface nearest the sign. b. An off-premise sign within 150 feet of the right-of-way line of any freeway or highway to which it is oriented which, at a height of 40 feet, will have a significant portion of its display surface obscured from view from the travel lanes of the freeway or highway may be increased to a maximum of 55 feet when authorized by the City Council. 8. All other off-premise signs shall be no higher than 40 feet from grade at the point of construction, except that an off-premise sign within 60 feet of the right-of-way line of the street to which it is oriented which, at a height of 40 feet, will have a significant portion of its display surface obscured from view from the travel lanes of the street may be increased to a maximum of 55 feet when authorized by the City Council. 9. Off-premise signs shall not be located closer than 10 feet to the right-of-way line of a freeway nor closer than 50 feet to the intersection of the present or future rights-of-way of any two public roads, streets or highways. 10. No off-premise sign shall be erected or maintained within 660 feet of the nearest travel lanes of the Summerlin Parkway from Station 499 + 78 to Station 601 + 30. 11. No off-premise sign shall be allowed within 300 feet from the nearest property line of a lot in the "U" zoning district or any "R" zoning district. 12. An off-premise may be permitted in the C-V District if in each case the parcel or use is operated or controlled by an agency of local, state or federal government, or by any fraternal, veteran, civic or service organization. D. Additional Provisions 1. All structural elements of an off-premise sign to which the display panels are attached shall be screened from view. Display surface panels which are removed for the purpose of changing the advertising message shall be replaced within 30 days with display panels containing a new advertising message or uniformly painted blank panels. 2. All off-premise signs shall be detached and permanently secured to the ground and shall not be located on property used for residential purposes. 3. For any off-premise sign that is proposed within 660 feet of any highway classified by the State of Nevada as part of the interstate or primary highway system, a State of Nevada sign permit shall be obtained and a copy attached to the application prior to the issuance of a construction permit or sign certificate by the City. 4. No sign certificate shall be issued for an individual off-premise sign unless and until a site plan for the lot on which the sign will be erected has been submitted to and approved by the Director. The site plan shall include the following: a. An accurate site plan of the lot, at the scale the Director requires; b. The location of buildings, parking lots, driveways and landscaped areas on the lot; c. An accurate indication of the location of all existing and proposed off-premise signs; and Page 565 d. Drawings that allow the computation of the area and the height of any off-premise signs and which indicate any sign characteristics such as illumination, embellishment areas or moving parts. 5. The permittee or holder of a sign certificate shall notify the Director in advance, by letter or fax and pursuant to LVMC 19.16.100(F) of any change in the characteristics of an off-premise sign, such as illumination, embellishment areas or moving parts, that are not shown on the approved site plan, and shall provide any additional supplemental drawings as the Director may require. Final approval of any changes under this Paragraph (5) shall be contingent upon final construction inspection and approval by the Department of Building and Safety regarding structural changes, including approval of any necessary electrical inspections. In the case of a proposed embellishment, the proposal shall be processed as in the case of a Minor Site Development Plan Review under LVMC 19.16.100(F), except that if the Director does not respond to the notice, within ten business days following receipt thereof, regarding whether or not the embellishment complies with this Title, the embellishment shall be deemed approved. 6. No display panel or advertising message may be placed upon a new off-premise sign structure until: a. The Department of Building and Safety has performed all necessary final construction inspections of the structure and issued a certificate or other evidence of compliance with applicable codes; or b. The applicant has obtained and filed with the City a certification by a licensed professional engineer that the sign is structurally sound. 7. Any illumination of an off-premise sign shall be in accordance with the applicable standards and permit requirements of the City's Electrical Code and Administrative Code. 8. With respect to existing signs for which no final construction inspection and approval exists, the owner of the sign, upon notice from the City, shall, within thirty days, obtain either construction inspection and approval by the City or structural certification, as those items are described in Paragraph (6). E. Off-Premise Sign Exclusionary Zone 1. Off-premise signs are prohibited within the boundaries of the following area: a. Bounded on the north by the Las Vegas/Clark County boundary. b. Bounded to the east by the Las Vegas/North Las Vegas boundary (Decatur Boulevard), south to Cheyenne Avenue, then west along Cheyenne Avenue to Rainbow Boulevard, then continuing south along Rainbow Boulevard to Sahara Avenue. c. Bounded on the south by Sahara Avenue, west to Durango Drive then continuing south along Durango Drive to Desert Inn Road, continuing west to Hualapai Way then north along Hualapai Way to West Charleston Boulevard, then west to the Las Vegas/Clark County boundary. d. Bounded to the west by the Las Vegas/Clark County boundary, then continuing north to the Las Vegas/Clark County northern boundary. 2. The prohibition contained in Paragraph (1) of this Subsection does not apply to any sign which would be within 660 feet of the right-of-way line, and oriented toward, the following interstate and federal-aid primary routes, as defined by the Nevada Department of Transportation: a. Oran K. Gragson Highway b. U.S. Highway 95, south of Ann Road c. Interstate 515 3. The prohibition of off-premise signs within the area described in Paragraph (1) or within any other area described in this Title shall not be deemed or interpreted: a. As an indication that any other particular location is suitable for an off-premise sign. b. To eliminate the need for a Special Use Permit or affect the determination of compatibility with respect to a proposed sign. Page 566 F. Relocation Of Signs Required To Be Removed For Publicly Funded Improvements 1. If an off-premise sign is required to be removed by a governmental entity in connection with the widening of a public roadway or the installation of publicly funded improvements, the sign may be relocated without obtaining a Special Use Permit or Variance that would otherwise be required, but only if: a. The applicant can demonstrate that the sign, at its existing or previous location, received all necessary approvals and permits, and that the approvals and permits remain valid; b. The sign will be relocated: i. On the same parcel or within the same commercial subdivision; or ii. On a parcel at another location that is also impacted by the same public roadway or publicly funded improvement project, but subject to the following limitations and requirements: (A) Except as allowed per Subparagraph (c) of this Subsection (F), the relocated sign shall comply with Paragraphs (3) and (11) of Section 19.12.120(C). (B) Signs which are located within 660 feet of the right-of-way and which can be read from Interstate 15 or U.S. 95 from the north City limits to the Oran K. Gragson Highway may be relocated closer than 750 feet (but not less than 500 feet) to another off-premise sign. Signs along the Oran K. Gragson Highway or Interstate 515 shall be no closer than 750 feet (measured along the highway frontage) to any other off-premise sign along the same frontage. Each side of the highway shall be considered a separate frontage. c. The applicant submits for and obtains a waiver, pursuant to Paragraph (4) below, of any and all requirements and limitations of this Section pertaining to distance separation and location that cannot otherwise be met by the sign as relocated; d. There will be no increase in the area of the sign to be relocated; and e. There will be no increase in the height of the sign, except that: i. A sign within one hundred fifty feet of the right-of-way line of an elevated freeway or highway to which it is oriented may be erected thirty feet above the elevation of the elevated roadway surface nearest the sign; and ii. A sign that, at a height of forty feet, will have a significant portion of its display surface obscured from view from the travel lanes of the right-of-way to which it is oriented, may be increased to a maximum of fifty-five feet. In the case of a sign described in Subparagraph (b)(ii)(B) above, the height increase is available only for a sign located within 150 feet of the right-of-way line of the freeway or highway to which it is oriented, and the height increase must first be approved by the City Council. 2. The applicant for relocation of a sign under the provisions of Paragraph (1) must submit to the Department a written application for administrative review. The application must include: a. A site plan; b. An elevation drawing; c. Evidence that the sign, at its existing or previous location, received all necessary approvals and permits, and that the approvals and permits remain valid; d. A request for the waiver of any and all requirements and limitations of this Section pertaining to distance separation and location that cannot otherwise be met with the sign as relocated; e. A request for any desired increase in the height of the sign that may be permitted under Subparagraph(e) of Paragraph (1); f. A justification letter that includes the reason for removal and relocation; g. Proof of the relocation requirement; and h. Any other information required by the Director. Page 567 3. If the Director determines that the relocation of the off-premise sign: a. Conforms to the conditions set forth in Paragraph (1), the Director shall provide written notice of approval to the applicant, with a copy to the office of the City Council. Within ten days after the notice is mailed or delivered, the applicant may proceed to apply for building permits, unless within that time a member of the City Council files with the Director a request for the Council to review the approval. If such a request to review is filed, the application must first be reviewed and approved by the Council prior to issuance of any building permits. b. Does not conform to the conditions set forth in Paragraph (1), the normal Special Use Permit and Variance requirements and limitations will apply. Any determination by the Director that the relocation of an off- premise sign does not conform to the conditions set forth in Paragraph (1) is not subject to appeal. 4. In connection with an application to relocate an off-premise sign pursuant to Paragraph (1), the requirements and limitations of the Section pertaining to distance separation and location may be waived by the Director, or in connection with City Council review pursuant to Subparagraph (a) of Paragraph (3), notwithstanding any other provision of this Title, upon a determination that the relocation, under the circumstances, will not have a materially different impact on surrounding properties and uses than the existing sign. 5. Unless otherwise indicated in a written notice of approval pursuant to Subparagraph (a) of Paragraph (3), conditions of approval from any previous Special Use Permit and Variance applications pertaining to the sign at its existing or previous location will apply to the relocated sign, and additional conditions may be added as appropriate. 6. A demolition permit must be obtained for the removal of an existing off-premise sign prior to removal. A building permit must be obtained and constructed related to the relocation of the sign completed within six months after issuance of the demolition permit, unless the Director grants an extension of time. 7. For purposes of this Subsection (F), the "relocation" of a sign includes both the re-erection of a sign at a replacement location and the erection of a new structure at that location. G. Adjustments, Relocations And Modifications Of Signs Near Freeways 1. The Director shall have the authority to grant approval, by means of a Minor Site Development Plan Review under LVMC 19.16.100(F), to do any of the following regarding an off-premise sign within 660 feet of any highway classified by the State of Nevada as part of the interstate or primary highway system, and, subject to the provision of Paragraph (3) of this Subsection (G), no Special Use Permit or public hearing shall be required in connection therewith: a. Adjust the height or angle of an off-premise sign to a height or angle that: i. Restores the visibility of the sign to the same or comparable visibility as before the construction of a noise abatement or highway improvement project; ii. Is not more than 45 feet above the noise abatement improvement project, measured from the tallest point of the improvement project to the top of the sign; and iii. Is not more than 65 feet from the existing grade at the base of the sigh to the top thereof; b. Relocate a sign to another location on the same existing parcel in order to achieve visibility that was obstructed by a noise abatement or highway improvement project; or c. Make a structural modification to allow a digital display on a sign that adjoins a controlled-access freeway, in compliance with the size limitations and other applicable requirements of this Title. 2. Application for approval under this Subsection (G) shall require signatures by both the property owner and the sign owner. 3. Action by the Director under this Subsection (G) shall be subject to the appeal provision of LVMC 19.00.080(N) and those governing Minor Site Development Plan Reviews under LVMC 19.16.100(F). Page 568 4. In the case of an adjustment, relocation or modification that exceeds the scope of the Director's authority under Paragraph (1) above, any approval by the City Council may not be conditioned upon a required periodic review of the sign if a condition requiring a review was not imposed when the sign was initially approved. Action by the City Council under this Paragraph (4) will be pursuant to a Site Development Plan Review with a public hearing rather than by means of the Special Use Permit process otherwise applicable. A sign approved by the City Council under this Paragraph (4) shall maintain any nonconforming status it had immediately before such approval. (Ord. 6503 § 2, 02/03/16) 19.12.130 Motor Vehicle Dealerships, Test Driving Route Plans A. In order to facilitate the enforcement of LVMC 11.22.160, each of the following businesses within the City shall file with the Department, for administrative approval, a test-driving plan in accordance with Subsection (B) of this Section: 1. A motor vehicle dealership that is engaged in Motor Vehicle Sales (New) or Motor Vehicle Sales (Used); and 2. An auto repair garage business that is engaged in Auto Repair (Major) or Auto Repair (Minor). B. The test-driving plan for a motor vehicle dealership shall show which streets are proposed to be used for the test- driving of vehicles by customers and potential customers of that dealership. The test-driving plan for an auto repair garage business shall show which streets are proposed to be used for the test-driving of vehicles by principals or employees of that business. C. The requirements of Subsections (A) and (B) of this Section shall be considered to have been satisfied by new or existing dealerships or auto repair garage businesses that file such a plan in connection with a condition of zoning approval. For other new or existing dealerships, or auto repair garage businesses, the requirement must be satisfied within six months after notice from the City to file such a plan. Any changes to an approved plan must be submitted to and approved by the Department. D. The failure of a dealership or auto repair garage business to comply with the provisions of the Section shall be grounds for disciplinary action against the business license of the dealership or auto repair garage business. (Ord. 6316 § 3, 05/07/14) (Ord. 6467 §2 through 20, 10/07/15) 19.14 NONCONFORMING USES AND STRUCTURES Contents: 19.14.010 Intent 19.14.020 Applicability 19.14.030 Regulations 19.14.035 Factors Regarding Presumption of Abandonment and Rebuttal of Presumptions 19.14.040 Expansion of a Nonconforming Use in a Conforming Building 19.14.050 Nonconforming Uses and Buildings - Restoration After Damage 19.14.060 Building - Abatement in "R" Residential Districts 19.14.070 Renewable Energy Systems and Nonconforming Uses and Buildings 19.14.080 Nonconforming Signs 19.14.090 Non-conformity Resulting From City Action Page 569 19.14.010 Intent Within the zoning districts established by this Title, there may exist lots, structures and uses of land which were lawful before the effective date of this Title or an amendment thereto and which would be prohibited, regulated, or restricted under the terms of this Title. It is generally the intent of this Title to permit these nonconformities to continue until they are removed or abandoned, or until such earlier time as they are ordered to be removed, but not to encourage their survival. It is further the intent of this Title, that such nonconforming lots, buildings, or uses shall not be enlarged upon, expanded or extended, except as otherwise specifically provided, and that such nonconforming lots, buildings or uses may not be used as justification for adding other lots, buildings or uses prohibited elsewhere in the same zoning district. Except as otherwise provided, nonconforming uses are declared to be incompatible with permitted uses in the same zoning districts. 19.14.020 Applicability A. The provisions of this Chapter shall apply to lots, uses and buildings which become nonconforming by reason of the adoption of this Title, as well as to any amendment to this Title, as of the effective date of such amendment. In addition, lots, uses and structures subject to the provisions of Chapter 19.09, relating to Form-Based Code, shall be subject to the provisions of LVMC 19.09.030(O). (Ord. 6649 § 9, 10/17/18) 19.14.030 Regulations A. Nonconforming Use of a Conforming Building 1. General Provisions. A nonconforming use of a conforming building shall not be reestablished in a new building, extended or expanded into any other portion of the conforming building, or relocated on the same parcel or within the same commercial subdivision; provided, however, that an existing use which was made nonconforming by one or more of the following may be expanded or relocated on the same parcel or within the same commercial subdivision in accordance with Paragraph (2) of this Subsection (A): a. The adoption of a Special Use Permit requirement for that type of use; b. The adoption of a separation requirement between that type of use and a protected use; c. The adoption of a separation requirement between two uses of that type; d. The establishment of a protected use that, by virtue of a separation requirement, would otherwise prohibit the existing use from expanding; or e. The adoption of a different method of measuring distance for purposes of a separation requirement. 2. Conditions of Allowable Continuation, Expansion, or Relocation of Use. If the proposed expansion of a nonconforming use or relocation of the same use on the same parcel or within the same commercial subdivision qualifies under Paragraph (1) of this Subsection (A), the nonconforming use may be expanded or relocated on the same parcel or within the same commercial subdivision if the proposed expansion or relocation: a. Will not increase the size or extent of the use by more than 50%; and b. Will not require a Variance or Waiver regarding any other provision of this Title, including those that pertain to parking, landscaping and residential adjacency requirements. 3. Discontinuation and Abandonment of Use. If a nonconforming use of a conforming building is discontinued by ceasing to physically occupy or operate within the building, there shall be a rebuttable presumption that the nonconforming use has been abandoned as of the date the use was discontinued and, for purposes of this Paragraph (3), the Department may deem the use abandoned as of that date. The owner of the property or operator of the use may rebut the presumption of abandonment in accordance with LVMC 19.14.035. Page 570 a. If a nonconforming use of a conforming building is abandoned for a period of one year, the future use of such building shall be only in conformance with the provisions of this Title. b. If a conforming building housing a nonconforming use is damaged or partially destroyed by fire, flood, wind, another calamity or act of God, and the use is abandoned for a period of two years, the future use of such building shall be only in conformance with the provisions of this Title. c. If it appears, by reason of economic hardship, that a nonconforming use described in Subparagraph (a) or (b) above will be deemed abandoned for a period of time greater than the applicable abandonment period described in those subparagraphs, the owner of the property or operator of the use may request that the abandonment period be extended by the City Council. Such request shall be made by means of an application for an Extension of Time. The application shall include or be accompanied by a letter of justification explaining the economic hardship, which must be based on market conditions or other circumstances beyond the applicant's control, and shall be accompanied by the applicable fees, if any, that are set forth in the fee schedule. The application shall be heard at a public hearing of the City Council. An Extension of Time may be granted by the City Council only upon clear and convincing evidence of qualifying hardship and a determination that the public health, safety and welfare will not be jeopardized. An Extension of Time may not exceed the duration of the applicable abandonment period set forth in Subparagraph (a) or (b) above. 4. Notice to Discontinue Use. Independent of any other provision of this Chapter, a nonconforming use of a conforming building shall be discontinued upon written notice from the City to the owner to discontinue the use. The use shall be discontinued no later than the date described in the notice, which in no event shall be later than five years from the date notice is given. Notice shall be provided by mailing to the owner of the property as shown by the County Assessor's records and recording a copy of the notice in the office of the County Recorder. Such notice shall contain the legal description of the property, a description of the use required to be discontinued, the date that the use is to cease and desist and the section of this Title which declares the use to be nonconforming. 5. Adjustments to and Interpretation of Abandonment Provisions of Paragraph (3). If a business license if required for the operation of a nonconforming use described in Paragraph (3) above, the use may be deemed abandoned if the required license (whether issued on a temporary or permanent basis) has not been maintained in active status. The provisions of the preceding sentence apply to all uses, notwithstanding any other provision of this Title regarding abandonment that is specific to any particular type of use. In addition, notwithstanding any provision of Paragraph (3) or this Paragraph (5), upon the occurrence of all of the following, the presumption provisions and abandonment periods otherwise applicable shall no longer apply, and all future use of the building shall be only in accordance with the provisions of this Title: a. A conforming use is established at the same location; b. The use occupies the same portion or portions of the building as the nonconforming use did; and c. The conforming use either essentially replaces the nonconforming use or is inconsistent with and would preclude the continuation of the nonconforming use within that building. B. Nonconforming Use of a Nonconforming Building The nonconforming use of a nonconforming building legally existing on the effective date of this Title or an amendment thereto may be continued subject to the following conditions: 1. Abandonment of Building or Use. A nonconforming building occupied by a nonconforming use which is or becomes vacant and remains unoccupied for one year or regarding which the use is deemed abandoned pursuant to this Subsection (B) and remains abandoned for one year, shall not be occupied thereafter except by a use which conforms to the use regulations of the corresponding zoning district. If a business license is required for the operation of the nonconforming use, the use may be deemed abandoned as of the date the license is no longer active if the license (whether issued on a temporary or permanent basis) has not been maintained in active status. If a business license is not required for the operation of the nonconforming use, the used may be Page 571 deemed abandoned as of the date the use discontinued by ceasing to physically occupy or operate within the building. 2. Expansion of Use. A nonconforming use of a nonconforming building may be extended or expanded into any other portion of the nonconforming building, provided no structural alterations are made thereto, except those required by law or ordinance. C. Additions to Nonconforming Buildings The Director may approve additions to nonconforming buildings when the nonconformance is a result of inadequate setbacks and provided that the addition conforms to all other provisions of this Title. The addition shall not encroach beyond the encroachment of the existing building, must be located in either a side or rear yard, and must not encroach more than 50 percent. In addition, the total of all such additions or enlargements shall not exceed more than 50 percent of the size of the original footprint of the structure. Additions may also be approved to nonconforming residential buildings in nonresidential zoning districts. Additions may be approved to any residential building made nonconforming by an action of a public entity. The addition, in either instance, shall be secondary in nature to the existing use on the property and will not substantially perpetuate the nonconforming use. D. Nonconforming Use of Land A nonconforming use of land that does not take place within a principal building, legally existing on the effective date of this Title or an amendment thereto shall be discontinued upon written notice from the City to the owner to discontinue the use. The use shall be discontinued no later than the date described in the notice, which in no event shall be later than five years from the date notice is given. Notice shall be provided by mailing to the owner of the property as shown by the County Assessor's records and recording a copy of the notice in the office of the County Recorder. Such notice shall contain the legal description of the property, a description of the use required to be discontinued, the date that the use is to cease and desist and the section of this Title which declares the use to be nonconforming. 1. Expansion of Use. No such nonconforming use of land shall in any way be extended or expanded either on the same or adjoining property. 2. Discontinuation of Use. If a nonconforming use of land is discontinued for a period of 90 days or changed to a conforming use, any future use of the land shall be in conformity with the provisions of this Title. If a business license is required for the operation of the nonconforming use, the use may be deemed abandoned as of the date the license is no longer active if the license (whether issued on a temporary or permanent basis) has not been maintained in active status. If a business license is not required for the operation of the nonconforming use, the used may be deemed abandoned as of the date the use discontinued by ceasing to physically occupy or operate at the licensed location. (Ord. 6664 § 2 thru 5, 12/19/18) 19.14.035 Factors Regarding Presumption of Abandonment and Rebuttal of Presumptions A. In addition to the consideration of specific factors mentioned in this Title that pertain to the presumption of abandonment regarding any particular use, the Department may also consider periods of non-use, the existence of code violations regarding buildings and other structures, and the circumstances under which buildings are removed from the site where a use is located. B. Where a use has been deemed or presumed abandoned under the provisions of this Title, in particular LVMC 19.14.030, the owner of the property or operator of the use may rebut the presumption of abandonment by demonstrating that the use has continued or existed beyond the date of presumed abandonment. The owner shall have the burden of establishing the continuation or existence of the use beyond that date, as well as the burden of establishing the existence or continued operation of the use at any particular time. (Ord. 6664 § 6, 12/19/18) Page 572 19.14.040 Expansion of a Nonconforming Use in a Conforming Building Except as provided in LVMC 19.14.030, a non-conforming use may be continued provided no additions or enlargements are made to the building and no structural alterations are made, except those required by law or ordinance. If such nonconforming use is removed or made to conform, every future use of such building or structure shall be in conformity with all the provisions of this Title. 19.14.050 Nonconforming Uses and Buildings - Restoration After Damage A. Use of a Damaged or Destroyed Building 1. Except as otherwise provided in Paragraph (2) of this Subsection (A), a nonconforming use which was located in a building that has been damaged or partially destroyed by fire, flood, wind, another calamity or an act of God shall not be continued when the extent of damage or destruction is more than 50 percent of the replacement value of the building. 2. Paragraph (1) of this Subsection (A) does not apply to a use which was made nonconforming by one or more of the following: a. The adoption of a Special Use Permit requirement for that type of use; b. The adoption of a 400-foot or 1500-foot separation requirement between that type of use and a protected use; c. The adoption of a 1500-foot separation requirement between two uses of that type; d. The establishment of a protected use that, by virtue of a 400-foot or 1500-foot separation requirement, would otherwise prohibit the existing use from expanding or from continuing following redevelopment; or e. The adoption of a different method of measuring distance for purposes of a separation requirement. B. Nonconforming Building Any nonconforming building which has been damaged or partially destroyed by fire, flood, wind, another calamity or an act of God shall be repaired, moved, remodeled or altered entirely in conformity with the provisions of this Title or entirely demolished within a period of ninety days from the date of such damage when the extent of damage or destruction is more than 50 percent of its replacement value. The City Council may extend this period for an additional 90 days, provided the public health, safety and welfare is not jeopardized. Page 573 19.14.060 Building - Abatement in "R" Residential Districts Any nonconforming building or structure, which was designed or intended for a use prohibited in any residential district, shall be completely removed or altered and converted to a conforming building and use. Such removal or conversion shall be required when the use or building has reached the age specified in the following table: Building Type Under International Building Code Age in Years When Conformance Required I or II 50 III 40 IV 30 V 20 19.14.070 Renewable Energy Systems and Nonconforming Uses and Buildings Notwithstanding any other provision of this Chapter, a solar panel and or small wind energy system that is approved as a conditional use or approved by means of special use permit pursuant to LVMC Chapter 19.12 shall not be considered an impermissible expansion or alteration to a nonconforming use or structure under this Chapter. However, nothing in this Section precludes the denial of a Special Use Permit application for a solar panel and or small wind energy system based upon the extent to which the size, scope and impact of the proposed installation or system would impact surrounding properties or would tend to perpetuate the nonconformity in a manner contrary to the intent of this Chapter as described in LVMC 19.16.010. 19.14.080 Nonconforming Signs A. Applicability This Section shall not apply to any sign approved by a Variance, any sign approved as part of a Master Sign Plan, any off-premise sign, or any other sign protected from such provisions by Nevada law. B. Continued Use Allowed A lawfully nonconforming sign, as defined in this LVMC 19.18.020, may continue in use, except as otherwise provided in or authorized by this Section. A change in the information on the face of an existing nonconforming sign is allowed if the change does not increase the area of the sign face. C. Burden of Proof In any matter in which a property owner(s), sign owner(s), sign user or other person seeks the protection provided to lawful, nonconforming signs under this Section, the burden of proof shall be on the person seeking such protection to prove: 1. The date of erection or installation of the sign; 2. That the sign fully conformed to the sign ordinance then in effect; 3. That the person erecting the sign obtained all necessary permits for the erection of the sign; and 4. That any changes to the sign have been made in accordance with the requirements of this Section and in compliance with all applicable permit requirements. D. Public Right-of-Way Improvements The City may require signs to be modified or moved if streets are widened, or for other improvements made in the public-right-of-way. If a nonconforming sign or sign structure is moved under this requirement, it may be re- established on the same site without being brought into conformance. Page 574 E. Ownership The status of a nonconforming sign or sign structure is not affected by changes in ownership. F. Maintenance and Repair Sign maintenance, sign repair, and changing of permanent sign faces is allowed so long as structural alterations are not made and the sign is not increased in size or height. G. Termination of Nonconforming Signs. 1. Change to a conforming sign. A nonconforming sign or sign structure may be altered to become or be replaced with a conforming sign or sign structure. Once a sign or sign structure is brought into conformance or is replaced with a conforming sign or sign structure, the nonconforming rights for that sign or sign structure are lost and a nonconforming sign or sign structure may not be re-established. 2. Alteration. Except as provided in Subsection (D) above, sign structures that are moved, replaced, or the supporting structure is substantially altered, must be brought into conformance with this Section. 3. Discontinuance. If there is no sign in place on a sign structure or building wall for 12 continuous months, the nonconforming rights are lost and a nonconforming sign may not be re-established. If the sign structure or building wall sign area is unused for less than 12 continuous months, a nonconforming sign may be re- established. 4. Removal. Except as provided in this Section, if a sign or sign structure is permanently removed or intentionally destroyed, replacement signs and sign structures must comply with the current standards. 5. Damaged or deteriorated nonconforming signs. If a sign or sign structure is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty percent or more of the cost of replacement of such sign, replacement signs and sign structures must comply with the current standards. H. Optional Registration 1. A sign owner(s) or user may register a lawful, nonconforming sign in accordance with this Subsection. The registration shall be filed on a form provided by the Director, which form shall require at least the following: a. Sign certificate number (if any); b. Date of installation of the sign; c. Address of premises; d. Location of the sign on the premises (drawing or precise description of location); e. Dimensions of the sign; f. For a freestanding sign, the height of the sign; and g. Photograph of the sign, as it exists at time of filing registration. 2. The Director shall review the registration within 30 days of receipt and shall notify the applicant of any inaccuracies or other deficiencies in the registration. Such inaccuracies or deficiencies shall be noted in the registration file. All provisions of the registration not subject to such a notice shall be deemed to be accepted by the City. 3. In any proceeding in which the legal status of a sign is material, the unchallenged facts set forth in a registration under this Subsection shall be presumed to be true; any facts subject to a notice from the Director questioning the accuracy or other matters shall not receive such protection unless the applicant amends the registration to cure the deficiencies. 19.14.090 Non-conformity Resulting From City Action No action by the City in connection with the acquisition or use of right-of-way or the installation of off-site improvements shall have the effect of rendering a previously conforming lot or structure non-conforming as to lot width, lot area, landscape buffer area or setback requirements. Page 575 Page 576 19.16 APPLICATIONS & PROCEDURES Contents: 19.16.010 General Requirements 19.16.020 Annexation 19.16.030 General Plan Amendment 19.16.040 Parcel Map 19.16.050 Tentative Map 19.16.060 Final Map 19.16.070 Reversionary Map 19.16.080 Vacations 19.16.090 Rezoning 19.16.100 Site Development Plan 19.16.105 Repurposing of Certain Golf Courses or Open Spaces 19.16.110 Special Use Permit 19.16.120 Administrative Deviation 19.16.130 Waiver 19.16.140 Variance 19.16.150 Development Agreement 19.16.160 Temporary Commercial Permit 19.16.170 Temporary Sign Permit 19.16.180 Home Occupation Permit 19.16.190 Model Home Permit 19.16.200 Sign Certificate 19.16.210 Maintenance Districts 19.16.220 Unified Development Code Text Amendment 19.16.230 Street Name Change 19.16.240 Review of Conditions 19.16.250 Required Review 19.16.260 Extension of Time 19.16.270 Master Sign Plan 19.16.280 Appendices Page 577 19.16.010 General Requirements A. Compliance with General Plan Except as otherwise authorized by this Title, approval of all Maps, Vacations, Rezonings, Site Development Plan Reviews, Special Use Permits, Variances, Waivers, Exceptions, Deviations and Development Agreements shall be consistent with the spirit and intent of the General Plan. B. Application 1. Time of Filing. In order to provide sufficient time for the necessary investigation by the Department, Planning Commission and/or its Secretary and agents, a complete application for the request must be filed as follows: a. Applications that are subject to administrative review must be filed in the office of the Department a minimum of 30 days prior to the date of the meeting at which the application would be heard and considered if it Planning Commission and/or City Council review; and b. Applications that are subject to Planning Commission and/or City Council review must be filed in the office of the Department a minimum of 30 days prior to the date of the meeting at which the application is to be heard and considered. 2. Form. Application shall be made on forms provided by the Department. Such forms may include forms made available by the City electronically, including forms that are intended to be printed and submitted in hard copy and forms that can be submitted electronically through the City's electronic plans check system. 3. Notarized Application. Applications shall be signed, notarized and acknowledged by the owner of record of the property for which the General Plan Amendment, rezoning or development application is sought. If the property has multiple owners, the applicant shall provide the City with a list of all persons and entities with an ownership interest in the property if not all of the owners have signed the application. 4. Electronic Submissions. In connection with the submission of an application by someone other than a property owner by means of the City's electronic plans check system, the submission shall be deemed to be a representation by the submitter, upon which the City may rely, that the submitter has verified and can document that the property owner has complied with the signature, notarization and acknowledgment requirements of Paragraph (3) above. Additionally, the Department is authorized to develop an application process by which property owners, other submitters or applications, and notaries may sign application-related documents by means of an electronic signature. In such a case, the functions and requirements associated with the signing of an application, notarization and acknowledgment may be performed and satisfied by means of the electronic signature of a person authorized to perform each such act if that signature, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature. For purposes of this Paragraph (4), "electronic signature" means an electronic symbol or process attached to or logically associated with an application or record and executed or adopted by a person with the intent to sign the application or record. 5. Pre-application Conference. A pre-application conference with a designated representative from the Department is required prior to submitting an application for a Tentative Map, General Plan Amendment, Vacation, Rezoning, Major Site Development Plan Review, Special Use Permit, Variance or Development Agreement. 6. Review of Applications. Following the submittal of an application, staff shall review the application to verify that the information is complete and fulfills application requirements. If the application is not complete, staff will notify the applicant, and the application will not be scheduled on an appropriate agenda until the application is complete. 7. Discretion Regarding the Acceptance of Applications. The Director has the discretion not to accept any application which seeks action that is not available under this Title. (Ord. 6228 §2, 12/19/12) Page 578 C. Fees Fees charged related to the filing, processing or noticing of applications under this Chapter shall be in accordance with the Fee Schedule, as adopted pursuant to LVMC 19.00.120(A). D. Posting of Signs 1. General a. Notification signs shall be posted by the Department or its authorized agent or contractor. An application will not be processed until the applicant has paid the fees established by the City for the posting of signs. b. Notification signs shall be posted in conformance with NRS 278.260 as supplemented by this section. c. Each notification sign must be of a size not less than four feet high and three feet wide; provided, however, that, in the case of a store frontage, the minimum size of a notification sign placed in the store front window shall be two feet high and two feet wide. 2. Number of Signs Required a. One notification sign is required for tracts of five acres or less. b. The Director may determine that additional notification signs should be posted for each additional five acres or portion thereof. 3. Timing. The required number of notification signs shall be posted on the property at least 10 days before the date of the first scheduled public hearing. 4. Placement of Signs a. The signs must be posted at a prominent location on the subject property and must be easily visible by the general public. b. Required signs shall remain visible and legible from 10 days prior to the first public hearing and until final action is taken. The applicant is responsible for ensuring compliance with this paragraph once the required signs have been posted. c. The City or its authorized agent or contractor is responsible for removing the notification signs after the final action on the case. 5. Inadequate Notice. If it is determined that adequate notice has not been provided in accordance with this Subsection, the Planning Commission or City Council may hold the application in abeyance or deny the application. 6. Illegal Removal of Signs. It is unlawful to intentionally or knowingly remove a notification sign that has been posted pursuant to this Subsection or conceal the sign message. E. Development Impact Notice and Assessment (DINA) 1. Background. Pursuant to 1999 Statutes of Nevada, Chapter 481, ("Chapter 481"), a person who proposes to develop a project of significant impact is generally required to submit an impact statement to the local zoning authority before specified actions can be taken regarding the project. This Section implements the requirements associated with Chapter 481. The impact statement to be required by the City is identified as a Development Impact Notice and Assessment (DINA), and requires the information described in Chapter 481. The required information includes information regarding vehicle trips, student enrollment, sewage generation, water demand, storm water runoff, distance from public safety facilities, existing and planned capacities of service required for the project, and other anticipated effects of the project. For the purposes of this Subsection, a project is deemed to be a "project of significant impact" if it would create: a. Tentative maps, final maps or planned unit developments of 500 units or more; b. Tourist accommodations of 300 units or more; c. A commercial or industrial facility generating more than 3,000 average daily vehicle trips; or Page 579 d. A nonresidential development encompassing more than 160 acres. 2. Applicability. This subchapter applies to all development within the City, except for any project: a. Located on property which was the subject of a development agreement with a local government, if the agreement became effective before June 8, 1999; or b. Which was approved before June 8, 1999. 3. Requirements. Before scheduling a pre-application conference in accordance with LVMC 19.16.010(B), a person proposing a development of significant impact in connection with an application for tentative map, rezoning, site development plan review, or a special use permit must meet with agencies and service providers from which the information required for a DINA report must be obtained. At the pre-application conference, the applicant must present to the Department staff, on forms provided by the Department, the agency and provider responses that have been obtained by the applicant. A completed DINA report must be submitted no later than at the time of making an application under this Chapter. The department is authorized to withhold the processing of an application until a completed DINA report has been submitted. 4. Review. Action by the City Council concerning a project of significant impact shall be in accordance with Chapter 481. Pursuant to the provisions of Chapter 481, the City Council may approve a project with respect to which the capacities of roads, sources of water supply or facilities for wastewater and flood control will not be sufficient to support the project if the Council requires the person who proposes to develop the project to carry out appropriate measures of mitigation to substantially reduce the impact of the project on those elements of infrastructure. F. Projects of Regional Significance 1. Determination. At the earliest stage feasible, the Department shall determine whether a development proposal, proposed zoning map amendment, proposed local land use plan amendment, proposed Special Use Permit, or other proposal qualifies as a "project of regional significance" as that term is defined in LVMC 19.18.020. Where possible, this determination should be made at the time an application is filed for a proposal that requires review at a public meeting. 2. Assessment and Referral. Upon determining that a proposal qualifies as a "project of regional significance" by reason of its proximity to the boundary of another municipal corporation or an unincorporated area (the "affected local government"), the Department shall refer the proposal to the affected government(s). The referral shall consist of a description of the proposal, copies of any application materials, and an impact statement that includes at a minimum: a. The number of vehicle trips that the proposal will generate, estimated by applying to the proposal the average trip rates for the peak days and hours established by the Institute of Transportation Engineers (or its successor). b. The estimated number of pupils that the proposal will add to the enrollment of each elementary school, junior high/middle school, and high school that will be impacted by the proposal. c. The distance from the site of the proposal to the nearest facilities from which firefighting, police and emergency services will be provided, including without limitation facilities of a local government that are planned but not yet constructed, and facilities that have been included in a local government's plan for capital improvements prepared pursuant to NRS 278.0226. d. A brief statement setting forth the anticipated effect of the proposal on housing, mass transit, open space and recreation. 3. Comment by affected Local Government(s). Upon receipt of a referral, an affected local government shall have 15 calendar days within which to provide comments to the Department. The comments may propose suggestions for the mitigation of any negative impacts of the proposal on the affected local government. 4. Consideration of Comments. The Department shall, within its discretion, give consideration to any suggestions for mitigation that have been received from an affected local government and, in accordance therewith, shall Page 580 require or recommend mitigation of the proposal's potential negative impacts on the affected local government to the maximum practical extent. For purposes of this paragraph, "maximum practical extent" means that under circumstances: a. Reasonable efforts have been made to minimize any negative impacts of the proposal; b. The costs of compliance with the suggestions for mitigation clearly exceed the potential benefits to the public, or would unreasonable burden the proposal; and c. Reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from the failure to implement the suggestions for mitigation. 5. Report of Findings. The Department shall prepare a written description of the manner in which the suggestions for mitigation by any affected local government(s) were addressed, and shall include the description with or in the staff report regarding the proposal. The description shall be included in the project file for the proposal. The Department shall send the description to any affected locate government that provided comments regarding the proposal, endeavoring to do so by the time that draft staff reports are distributed for the Planning Commission meeting at which the application for the proposal is to be heard. 6. Interpretation of Notification and Separation Requirements. For purposes of applying the distance-separation and property-owner notification requirements of this Title, distances shall be measured, and property owners notified, without regard to jurisdictional boundaries. G. Treatment of Certain Tabled Applications Any application under this Chapter that requires a public hearing and that is tabled at the request of an applicant shall expire six months after the last announced public hearing date, unless: After an application has expired in accordance with this Subsection (G), the applicant must submit a new application. 1. Within that period of time, the applicant has requested that the item be scheduled again for hearing; or 2. The motion to table the application specified otherwise. H. Recordation of Zoning Actions In connection with the approval of any application under this Chapter that includes zoning conditions, requirements or limitations, the Department is authorized to record with the County Recorder's Office a notice advising that: 1. Zoning action regarding the property has been taken; 2. Such action is subject to conditions, requirements or limitations; and 3. Inquiry should be made to the City to obtain further information regarding the nature and extent of those conditions, requirements or limitations. I. Reconsideration of Council Action to Deny an Application 1. Action by the City Council to deny an application, where such action is "final action" under the provisions of this Chapter, shall be deemed final action for purposes of judicial review, subject to the provisions of Paragraph (2) below. However, for purposes other than judicial review, City Council action taken pursuant to this Paragraph (1) or Paragraph (2) below shall be subject to the provisions of Paragraphs (3) through (5) below. 2. Any member of the City Council who voted with the majority regarding an application referred to in Paragraph (1) above may, at the same meeting at which the action was taken, request that the item be reconsidered at that meeting. 3. During the period of fourteen calendar days following action taken pursuant to Paragraph (1) or (2) above to deny an application, any member of the City Council who voted with the majority regarding the application may file with the City Clerk a written request for the item to be rescinded and reconsidered. If such a request is made (and subject to the provisions of Paragraph (4) below), an appropriate item to rescind the previous vote shall be put on the next available Council agenda, and a follow-up item to reconsider the vote may be put on that same agenda or the next available agenda. Page 581 4. No agenda item to rescind or to reconsider an item under this Subsection (I) shall be considered unless: a. Consideration of the item is in compliance with the requirements of NRS Chapter 241; and b. Notice of consideration of the item has been provided to property owners (and published) to the same extent as when the item was heard previously. 5. The provisions of this Subsection (I) shall apply notwithstanding any other provision of this Chapter, and notwithstanding any custom or procedural rule that governs or has governed action by the City Council. (Ord. 6617 §2 - 3, 05/16/18) (Ord. 6650 §2 - 3, 11/07/18) Page 582 19.16.020 Annexation Annexation 19.16.020 Typical Review Process A. Purpose The purpose of the annexation procedures is to establish a process for incorporating property into the City of Las Vegas. The City of Las Vegas will consider annexation of any developed or undeveloped property that satisfies the eligibility requirements and provisions of NRS 268.570 to 268.608. The City will also zone newly annexed areas under the appropriate zoning category in accordance with procedures and guidelines contained in this Section and the adopted goals and policies of the City's General Plan. B. Application A petition for Annexation shall be made on a form provided by the Department and shall be filed with the Director. C. Zoning Classification of Newly Annexed Territory 1. General a. Annexation shall be in accordance with the provisions of NRS 268.570 through 268.608. b. The following guidelines shall be used to determine the zoning classification of any parcel to be annexed to the City: i. Developed. The annexed territory, if developed, shall be classified with the same zoning classification that was in effect on the property prior to annexation or the nearest comparable classification. ii. Undeveloped. If the property annexed is undeveloped, but is classified for development other than residential uses or for residential uses permitting more than two dwelling units per acre, it shall be classified with the same zoning classification that was in effect on the property prior to annexation or the nearest comparable classification; or the City Council may, as a condition of annexation, change the classification to a more restrictive classification. iii. Undeveloped and Classified. If the property annexed is undeveloped and classified for residential uses permitting no more than two dwelling units per acre, the parcel shall be classified with the same zoning classification that was in effect on the property prior to annexation or the nearest comparable classification; or the City Council may, as a condition of annexation, classify the parcel(s) as U (Undeveloped) until such time as a proper Page 583 classification is determined, at which time it may be rezoned under the procedures set forth in LVMC 19.16.090. iv. Partially Developed. If the property to be annexed is partially developed, the property, as described in the above subsections, shall apply separately or collectively to the undeveloped portions and developed portions. v. Undeveloped Without Permanent Zoning. For undeveloped property which has been approved for rezoning by Resolution of Intent or otherwise, but for which the rezoning has not been made permanent by ordinance, the City may, as a condition of annexation, change the zoning to a more restrictive classification. C. Annexation Process and Procedures 1. Annexation Process. Standard annexation of territory must follow the annexation process and procedures established in NRS 268.578 through 268.596. 2. Alternate Annexation Process. As an alternative to the procedures set forth in NRS 268.578 through 268.596, the City may annex qualifying territory in accordance with NRS 268.597. Page 584 19.16.030 General Plan Amendment General Plan Amendment 19.16.030 Typical Review Process A. Purpose The purpose of this Section is to set forth the procedures by which the Planning Commission and City Council will periodically review and evaluate the General Plan to ensure that it remains an accurate statement of the City's land-use goals and policies based on current data. B. Authority Whenever the public health, safety and general welfare requires, the City Council may, upon a resolution of the Planning Commission carried by the affirmative votes of not less than five members, or upon review of a requested General Plan Amendment which has not been approved by resolution of the Planning Commission, change the General Plan land use designation for any parcel or area of land to allow different zoning classifications. Subsequent growth and development factors in the community may be considered, among other factors, when determining whether such amendment to the General Plan promotes the public health, safety and general welfare. For purposes of this Subsection (B), the Planning Commission's resolution may be in the form of a vote reflected in the minutes of the Planning Commission meeting. C. Application 1. Initiation of Application. A General Plan Amendment may be initiated by the Planning Commission or the City Council, or by means of an application filed by the owner(s) of record of each parcel of property proposed for a General Plan Amendment. 2. Pre-Application Conference. Before submitting an application for a General Plan Amendment, the owner or authorized representative shall engage in a pre-application conference with the staff of the Department to discuss preliminary land planning, including land use relationships, density, transportation systems, infrastructure facilities and landscaping and open space provisions. 3. Form and Filing. a. An application for a General Plan Amendment shall be made to the Planning Commission on a separate application form to be provided by the Department. The application shall be signed, notarized and acknowledged by the owner of record of each parcel of property. This application shall be filed with the Secretary of the Planning Commission at the office of the Department. Page 585 b. In addition, any application for a General Plan Amendment shall specifically list reasons for the request and state why the proposed amendment works to promote the public health, safety and general welfare of the community. The application shall contain a list of factors requiring comment by the applicant, including: i. Whether there has been unanticipated growth and development of the community in the area surrounding the application site or growth and development not specifically considered when the General Plan was adopted; ii. Whether the proposed amendment to the General Plan will allow a zoning classification which imposes burdens similar to the burdens imposed by the classification currently provided for under the General Plan; iii. Whether the amendment to the General Plan continues to promote the objectives of the General Plan as designated in NRS 278. 4. Other Governmental Ownership. With respect to property which is owned by the State of Nevada or the United States of America, a General Plan Amendment application is sufficient if it is signed and acknowledged by a prospective purchaser of that property who has entered into a contract with the governmental entity to obtain ownership of the property. 5. Non-Property Owner. A General Plan Amendment application is sufficient if it is signed and acknowledged by a lessee, a contract purchaser or an optionee of the property for which the General Plan Amendment is sought. However, interest in that property must exist in a written agreement with the owner of record, attached to which is a copy of the General Plan Amendment application and in which the owner of record has authorized the lessee, contract purchaser or optionee to sign the application. The agreement must further stipulate that the owner of record consents to the filing and processing of the application. 6. Multiple Ownership. In the case of multiple ownership of a parcel, only one of the owners of record shall be required to sign the application. A list of all other owners shall be provided with the application. 7. Quarterly Consideration. In the interest of economy and efficiency in the processing of applications, and in the interest of providing for amendments to the General Plan that are orderly and well-considered in relation to each other and to the public interest, the Director is authorized to process applications to amend the General Plan so that such applications are presented to the Planning Commission and City Council on a quarterly basis. Such applications may be filed at any time, but the Director may withhold the processing of such applications in order to accomplish the purposes of this Paragraph. After its initial presentation to the Planning Commission or City Council, any such application may be held in abeyance to and considered at any subsequent meeting. The Director may withhold the scheduling of related zoning applications until a meeting subsequent to the one at which proposed Plan Amendments are heard. D. Successive Applications 1. Previously Denied Application. An application for a General Plan Amendment for a parcel in which all or any part was the subject of a previous General Plan Amendment application for the same land use category, a similar category or a less restrictive land use category has been denied, or which has been withdrawn subsequent to the noticing of a public hearing, shall not be accepted until the following periods have elapsed between the date of the denial or withdrawal and the date of the meeting for which the proposed application would be scheduled in the normal course: a. After the first denial or any withdrawal after public notice has been given - one year. b. After the second or subsequent denial or withdrawal after public notice has been given - two years. 2. Previously Withdrawn Application. The time periods that are described in Paragraph (1) of this Subsection and that otherwise would become effective because of the withdrawal of an application shall not become effective if, after consideration of the timing and circumstances of the withdrawal, the Planning Commission or the City Council specifically approves the withdrawal without prejudice. E. Request for Abeyance Page 586 Any applicant who wishes to have an application held in abeyance following the notice and posting of the agenda of the Planning Commission or the City Council shall state good cause for the request. Good cause shall be more than mere inconvenience to the applicant or lack of preparation. F. Planning Commission Public Hearing and Action 1. Hearing. Subject to the provisions of LVMC 19.16.030(C)(7), upon receipt of a complete General Plan Amendment application or an Amendment proposed by the Planning Commission or City Council, the Planning Commission shall hold a public hearing. 2. Notice a. Notice Provided. Notice of the time, place and purpose of the hearing must be given at least 10 days before the hearing by: i. Publishing the notice in a newspaper of general circulation within the City; ii. In the case of a parcel-specific General Plan Amendment, mailing a copy of the notice to: A) The applicant; B) Each owner of real property located within a minimum of one thousand feet of the property described in the application; C) Each tenant of any mobile home park that is located within one thousand feet of the property described in the application; D) The owner of each of the thirty separately-owned parcels nearest to the property described in the application to the extent this notice does not duplicate the notice otherwise required by this Paragraph (2); E) Any advisory board which has been established for the affected area by the City Council; and F) The president or head of any registered local neighborhood organization whose organization boundaries are located within a minimum of one mile of the property described in the application. b. Names Provided. The Department shall provide, at the request of the applicant, the name, address and phone number of any person notified pursuant to Subparagraph (a)(ii)(F) above. c. Additional Notice. The Department may give additional notice of the hearing by expanding the area of notification or using other means of notification or both. The Department shall endeavor to provide any additional notice at least 10 days before the date of the hearing. d. Signs. In the case of a parcel-specific General Plan Amendment, notification signs shall be posted in conformance with LVMC 19.16.010(D). e. Parcel-Specific Amendment Defined. For purposes of this Paragraph (2), "parcel-specific General Plan Amendment" means an amendment to the land use designation assigned to one or more specific parcels, as that designation is found in the Land Use element of the General Plan, where the amendment is sought by or on behalf of one or more property owners in order to develop those parcels in a particular way. 3. Planning Commission Decision a. A decision to recommend approval of a General Plan Amendment shall be by resolution of the Planning Commission with the affirmative votes of not less than two-thirds of the total membership of the Commission. For purposes of this Subparagraph (a), the Planning Commission's resolution may be in the form of a vote reflected in the minutes of the Planning Commission meeting. The Planning Commission may approve or deny an application for a General Plan Amendment. b. In making a decision to approve the proposed General Plan Amendment, the Planning Commission shall consider the facts presented at the public hearing and shall make the determinations contained in Subsection (I) of this Section. The Planning Commission may consider recommending: i. The approval of a more restrictive land use category than that set forth in the application; or Page 587 ii. The amendment of fewer than all parcels described in the application to either the land use category requested in the application or a more restrictive land use category, but only if such parcels are distinct legal parcels. c. Following the hearing, the Planning Commission shall make its decision to either recommend approval or denial of the application. 4. Notice of Planning Commission Decision. Following the date of its decision, the Planning Commission shall transmit a report of its recommendation to the City Council. The report shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the approval or denial of the Amendment necessary to carry out the provisions and general purposes of this Title. A copy of the report shall be mailed to the applicant, agent, or both, at the address(es) shown on the application filed with the Secretary of the Planning Commission. A copy of the report shall also be filed with the City Clerk, acting as agent for the City Council. (Ord. 6254 §2, 05/15/13) G. Burden of Proof The applicant bears the burden of proof to establish that the approval of a General Plan Amendment is warranted. H. City Council Public Hearing and Action 1. Notice and Hearing. Subject to the provisions of LVMC 19.16.030(C)(7), the City Council shall consider a proposed General Plan Amendment and the recommendation of the Planning Commission thereon at the next available meeting following the receipt of the recommendation. For applications regarding which notice of the public hearing by the Planning Commission was required by statute or by ordinance to be mailed to property owners, the City Clerk shall mail written notice of the Council hearing, at least ten days before the hearing, to the property owners who were notified by mail of the Planning Commission hearing, or to the current owners of record in the case of properties whose ownership has changed in the interim. 2. City Council Action a. Decision. The City Council may approve or deny a proposed General Plan Amendment. In making a decision to approve the proposed General Plan Amendment, the City Council shall consider the recommendation of the Planning Commission and the facts presented at the public hearing. The City Council may consider: i. The approval of a more restrictive land use category than that set forth in the application; or ii. The amendment of fewer than all parcels described in the application to either the land use category requested in the application or a more restrictive land use category, but only if such parcels are distinct legal parcels. b. Change to More Restrictive Category. If at the Council hearing, the applicant proposes amending the application to a more restrictive land use category, the City Council has the option to refer the application back to the Planning Commission for consideration. c. Significant Changes. If the applicant proposes significant changes to the application during the hearing or if new information is presented that significantly changes the nature and scope of the application, the request should be referred back to the Planning Commission for consideration. 3. Notice of City Council Decision. Following the hearing on a proposed General Plan Amendment, the City Council shall reach a decision concerning the proposal. The decision shall include reasons for the decision. Written notice of the decision shall be provided to the applicant, agent or both. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date that notice of the decision is filed with the City Clerk. (Ord. 6254 §3, 05/15/13) I. General Plan Amendment - Determinations Page 588 In order to approve a proposed General Plan Amendment, the Planning Commission and City Council must determine that: 1. The density and intensity of the proposed General Plan Amendment is compatible with the existing adjacent land use designations; 2. The zoning designations allowed by the proposed amendment will be compatible with the existing adjacent land uses or zoning districts; 3. There are adequate transportation, recreation, utility, and other facilities to accommodate the uses and densities permitted by the proposed General Plan designation; and 4. The proposed amendment conforms to other applicable adopted plans and policies. J. Certain Minor Amendments Notwithstanding any other provision of this Section, the City Council, upon appropriate noticing and public hearing, may amend the General Plan, or any part thereof, without action by the Planning Commission and without limitation as to frequency, in order to: 1. Change a boundary that is based on a geographical feature, including , without limitation, topography, slope, hydrographic features, wetland delineation and floodplains, when evidence is produced that the mapped location of the geographical feature is in error; 2. Reflect the alteration of the name of a jurisdiction, agency, department or district by the governing body, governing board or other governing authority of the jurisdiction, agency, department or district, as applicable, or by another entity authorized by law to make such alteration; or 3. Update statistical information that is based on a new or revised study. Page 589 19.16.040 Parcel Map Parcel Map 19.16.040 Typical Review Process A. Purpose The provisions of this Section set forth the administrative and procedural requirements for the division of land by a parcel map. The parcel map process does not require Planning Commission or City Council action. B. Applicability Whenever a division of real property into four or fewer lots is proposed for purposes of sale, transfer or development the submittal, approval and recordation of a parcel map is required. Parcel maps shall be processed in accordance with the procedures and standards set forth in the remaining sections of this Section. C. Application -- Form and Copies The owner of property to be divided by means of the parcel map process shall file with the Director an application on a form to be provided by the Department and made available to the public. The complete parcel map application submission shall be accompanied by a sufficient number of copies, as determined by the Director, of a twenty-four by thirty-two inch original of a parcel map drawing and shall contain the items set forth in Appendix A to this Title. D. Application -- Review Upon determining that a parcel map application is complete, the Director shall cause review of the application for a parcel map and obtain comments from other affected departments. This review shall be conducted within the time period specified by NRS Chapter 278. E. Approval -- Determination The Director, in conjunction with the Director of Public Works, shall determine whether or not a parcel map complies with this Section. Upon determining, pursuant to this Section, that all conditions and requirements have been met and that all appropriate certification signatures are complete, the Director and the Director of Public Works shall give final approval for the parcel map, sign the appropriate certifications, and release the parcel map for recordation. F. Approval -- Compliance Approval of a parcel map shall be contingent upon a determination that the map and the proposed development comply with applicable zoning regulations, the provisions of this Title and all requirements set forth in Subsections (G) to (S), inclusive, of this Section. G. Water Supply Systems Page 590 Water supply systems shall be installed and maintained in accordance with City standards, Las Vegas Valley Water District standards, Clark County District Board of Health standards or State of Nevada standards, whichever are applicable. Approval of a parcel map does not in any manner ensure the adequacy or availability of future water supplies to service the proposed development. H. Sanitary Sewer Collection and Disposal Systems Sanitary sewer collection and disposal systems shall be required, installed and maintained in accordance with City standards. Unless septic systems are permitted by the Clark County Health District, connection to the public sanitary sewer system shall be required. If required improvements are deferred, a public improvements covenant which runs with the land shall be recorded which ensures future installation of any deferred improvements. I. Public Street Access All lots resulting from the division of land in accordance with the parcel map process shall have frontage on a public street or access to a public street via a private street or private drive. Public street dedications to ensure lot access or the continuity of necessary public streets adjacent to or through the parcel map site also may be required, as necessary, by the Department of Public Works. J. Lots Less Than Two And One-Half Acres -- Access By Way of All-Weather Street Required All lots resulting from the division of land in accordance with the parcel map process that are less than two and one- half acres in size shall have access by way of an all-weather street which meets the requirements of the Air Pollution Control Regulations of the Clark County District Board of Health. Proof of legal access to the parcel map site may be required to be submitted prior to approval of the parcel map. K. Public Improvements Except as otherwise specifically provided in this Subsection or in a development agreement, all public improvements adjacent to and, if proposed, interior to the parcel map site shall be fully installed, to current City standards, before the parcel map is released for recordation. The Director of Public Works is authorized to allow the installation of public improvements or any portion thereof to be delayed for any of the following reasons, but only if the applicant provides security, in accordance with Subsection (O), for the installation of all improvements so delayed prior to the release of the parcel map for recordation: 1. The parcel map will create large lots upon which no immediate development is intended; 2. The parcel map site is located more than six hundred sixty feet (one nominal block) from existing full or partial improvements; 3. The parcel map site is located in an area where partial or full public street improvements are not customary; 4. The parcel map site is located in an area where no street improvements currently exist and none have been obligated by means of a public improvements covenant, a covenant running with land agreement, a valid outstanding condition of approval for zoning or site development plan review, a budget appropriation or signed contract, or another similar document or evidence of commitment; or 5. Other extenuating site-related circumstances exist. L. Dust Control Improvements The applicant shall be responsible for the installation of all dust control improvements that may be required under applicable law, or the contribution of moneys in lieu of improvements, on all public streets adjacent to the parcel map site. Bonds will not be allowed in lieu of improvements for dust control improvements. M. Private Street Improvements Private streets shall be constructed to applicable City standards. N. Flood Control Requirements Page 591 A parcel map site two gross acres or larger in size shall comply with the requirements of LVMC Title 20, relating to flood control. A parcel map site smaller than two acres gross may be required to meet such requirements if the site is determined by the Department of Public Works to be in an area of known flooding or if the site is in an area of unknown flood potential. O. Completion of Dedication and Required Improvements Prior to or concurrent with the release of the parcel map for recordation, all dedications and required improvements shall be completed, unless additional time has been granted pursuant to Subsection (K) for the installation of improvements, and security for their installation has been provided. The installation of improvements shall be secured by means of a recorded covenant running with land agreement or as otherwise provided under LVMC Chapter 19.02. P. Memorandum of Oaths and Certificate of Surveyor The parcel map shall include the memorandum of oaths described in NRS 625.320 and the certificate of the surveyor required pursuant to NRS 278.375. Q. Recording -- Documentation Requirements A parcel map presented for recording shall include the following items: 1. A report from a title company which lists the names of each owner of record of the land to be divided and each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust. The report must be updated as necessary so that it is current within seven days of the date the map is released for recording; 2. The written consent of each holder of record of a security interest described in Paragraph (1), consenting to the preparation and recordation of the parcel map. A holder of record may consent by signing the parcel map or a separate document that is filed with the parcel map and that declares his consent to the division of land; 3. Certificates that are in substantial compliance with Appendix E; and 4. All other information required by NRS Chapter 278. R. Recordation The parcel map shall be recorded within one year after the map has been approved by the City, or such approval shall become null and void. The approved parcel map and any covenants shall be filed and recorded with the County Recorder prior to the sale or transfer of land that is included within a parcel map. Immediately following recordation of the parcel map, the surveyor (or a designee) shall submit to the Director a reproducible copy of the recorded parcel map or a compatible digital format (or both, if required by the Director). S. Issuance of Building Permit No building permit shall be issued for any structure on property within a parcel map land division until: 1. The parcel map has been recorded with the County Recorder; 2. A reproducible copy of the recorded parcel map has been filed in accordance with Subsection (R); 3. All required public streets and easements, including access from public streets to the parcels, have been dedicated; and 4. Required street improvements have been constructed or their construction adequately secured or guaranteed. T. Appeals Page 592 Any person aggrieved by a decision of the Director or the Director of Public Works to approve or deny a parcel map may appeal to the Planning Commission in writing within fifteen days after receiving written notice of the decision. All appeals of parcel map decisions shall be filed with the Director and be accompanied by a nonrefundable fee as set forth in the fee schedule. The Planning Commission shall hear the appeal within thirty days after the appeal is filed. If the appeal is denied, the applicant shall have seven days in which to file an appeal with the City Council. The City Council shall hear the appeal within thirty days after the appeal to the City Council is filed. All appeals granted by the Planning Commission shall be forwarded automatically to the City Council for final action. Page 593 19.16.050 Tentative Map Tentative Map 19.16.050 Typical Review Process A. Purpose The provisions of this Section set forth the administrative and procedural requirements for the subdivision of land by means of a tentative map. The tentative map process requires Planning Commission review and action. B. Applicability Whenever a division of land is proposed that does not meet the criteria for a parcel map, the applicant shall file a tentative map of the proposed subdivision with the Secretary of the Planning Commission at the office of the Department. The preparation and submission of a tentative map shall be in compliance with the provisions of NRS Chapter 278 and any additional regulations contained in this Title. C. Conformance with Zoning Requirements 1. No application for a tentative map is eligible for approval unless it is determined that the proposed subdivision will be in conformance with all applicable zoning regulations, including all applicable provisions of this Title; the zoning classification of the site; and all zoning, master plan or site plan approvals for the site, including all applicable conditions that are in effect. If the proposed subdivision will not so conform, the Director is under no obligation to accept or process an application for a tentative map until the applicant has made any necessary application for rezoning or site development plan review, or both; the Planning Commission has made a recommendation in support of the zoning-related application(s); and a City Council hearing date has been set for the zoning-related application(s). 2. Except as otherwise provided in Paragraph (4) of this Section (C), in cases where approval of a rezoning or a site development plan review by the City Council is necessary before a tentative map can be approved: a. The Director shall withhold presentation of the tentative map to the Planning Commission until at least two weeks after the City Council's final approval of the rezoning or site development plan review application, or both; and b. The Director may extend the time for reviewing the tentative map if the Council's rezoning or site development plan approval requires that additional issues be addressed or changes made before map approval can occur. Page 594 3. Except as otherwise provided in Paragraph (4) of this Section (C), in cases where a rezoning is unnecessary and the Planning Commission is authorized to take final action on a site development plan review, the Director shall withhold presentation of the tentative map to the Planning Commission until at least two weeks after the Planning Commission has approved the application for site development plan review. 4. Notwithstanding any provision of Paragraphs (2) and (3) above relative to the timing of the presentation of a tentative map, a subdivider or representative may elect an alternative procedure whereby a tentative map application may be submitted and processed concurrent with any related application for rezoning or site development plan review, or waiver pursuant to LVMC 19.16.130. The intent to elect the alternative procedure should be indicated at the time of the pre-application conference and the election must be made at the time of submittal of the tentative map application, on a form provided by the Department. In the case of any such election: a. The election to use the alternative procedure and the Director's acceptance of a tentative map application as complete shall be deemed to constitute the parties' mutual consent to extend the time limits pursuant to NRS 278.350; and b. Final action on the tentative map may not occur until final action has been taken on any related rezoning application, site development plan review, or both. 5. The Director's obligation to withhold action or ability to extend time under Paragraph (2) is subject to the time limits referred to in NRS 278.350, as they may be extended by mutual consent. In addition, the Director's failure to comply with any obligation described in this Subsection shall not be deemed a violation subject to criminal or administrative action and shall not invalidate any action taken. (Ord. 6282 § 2, 10/02/13) D. Procedure. Tentative maps shall be processed in accordance with the procedures and standards set forth in the remaining sections of this Section. E. Pre-Application Conference Required Before submitting an application for tentative map, the subdivider or a representative shall attend a pre-application conference with the Department to obtain the Department's assessment of the proposed tentative map and notice of any changes necessary to bring the application into conformance with City requirements. F. Application -- Form -- Copies A complete application for a tentative map shall be made to the Planning Commission on a separate application form to be provided by the Department. An application for a tentative map shall be accompanied by a sufficient number of copies, as determined by the Director, each twenty-four by thirty-six inches in size, of a tentative map drawing and contain the items set forth in Appendix B to this Title. The drawing shall be made at an engineer's scale and should be such that it will fill no less than seventy-five percent of the sheet. A scale of 1"=20' is preferred, with 1"=40', 1"=100' and 1"=200' the next most preferred scales. If the Director determines that the tentative map will not fit on a twenty-four by thirty-six inch drawing such that all pertinent information is clearly legible, the Director may approve the use of a larger map size that does not exceed thirty-six by forty-eight inches. G. Application -- Determination of Completeness The Director shall determine if the application is complete and includes all required data and information necessary to conduct a complete evaluation. Within five working days after submittal of a tentative map application, the Director shall: 1. Accept the application as complete and begin the review process, scheduling the map for consideration on the next available Planning Commission agenda; or Page 595 2. Provide written notice to the applicant specifying the deficiencies of the application. Such notice is sufficient if it has been delivered, mailed or faxed to the applicant. The Director shall take no further action on the application until the deficiencies are remedied. H. Application -- Review Upon determining that the tentative map application is complete, the Director shall cause review of the application and preparation of a staff report. The Director shall coordinate the review of the application by other departments and shall incorporate appropriate recommendations by those Departments into the staff report. The report shall be made available to the applicant, if possible, at least five days before the Planning Commission meeting for which the application is scheduled to be heard. The Director shall recommend any changes in the design of the proposed subdivision necessary to achieve the purposes of this Title. I. Tentative Map Requirements A tentative map shall indicate, without limitation: 1. Demonstration of compliance with the necessary traffic circulation and access requirements set forth in this Title, including those relating to streets, access points, driveways, and site visibility restriction zones, as well as compliance with LVMC 19.02.170 and 19.02.280; 2. Demonstration, by means of preliminary drawings, of compliance with good traffic control practices and applicable standards and ordinances, as determined by the Traffic Engineer; 3. Demonstration of compliance with the requirements of the Title regarding residential parking, walls and landscaping; and 4. Demonstration of how each parcel will be served by the public sewer system including the proposed sanitary sewer layout. 5. Any and all trails that are necessary to be provided in accordance with the City's Master Plan and ordinances. J. Proposed Perimeter Grades 1. It is the intent of the City to minimize to the extent possible those instances in which grade changes result in large expanses of monotonous walls facing adjacent property or public streets. Type "B" and Type "C" drainage and cross-fall streets, while undesirable, may be allowed on a case-by-case basis as measures to mitigate large expanses of monotonous walls. 2. Each tentative map application must include, for all sites, a legible schematic cross section drawing which: a. Has a minimum size of eleven inches by seventeen inches and a maximum size of twenty-four inches by thirty-six inches; b. Has an exaggerated vertical scale, with labeled horizontal and vertical dimensions at the property lines; c. Shows the maximum grade differentials; d. Includes the existing and proposed condition elevations on the cross sections; e. Includes cross sections that extend a minimum of one hundred feet beyond the limits of the project at each property line, showing the location and finish floor elevations of adjacent structures. Measurements shall be made from the centerline of adjacent streets, or from the property line where no street exists. The Department may require cross sections for up to one hundred feet beyond the property line or the centerline of an abutting street, whichever is greater; and f. Includes cross sections, to scale, for maximum wall heights, typical wall heights and wall elevations. 3. When considering the tentative map application, the Planning Commission shall take into account the submitted plan of proposed project perimeter grades. Approval of the tentative map shall constitute approval of the associated plan of project perimeter grades. 4. If the final drainage and grading plan for the project changes an approved plan for project perimeter grades by more than two feet in either direction, as determined by the Director or by the Director of Public Works, the Page 596 tentative map and a new project perimeter grade plan must be reviewed and approved by the Planning Commission as in the first instance. Nothing in this Paragraph (4) affects the application of the maximum retaining wall height limitations contained in this Title. K. Parks And Playgrounds In Lieu Of Residential Construction Tax A subdivider who desires to construct parks or playgrounds in lieu of paying the residential construction tax described in LVMC Chapter 4.24 shall show such parks or playgrounds on the tentative map, demonstrating that the parks and playgrounds will conform to all applicable City standards, regulations, plans and policies regarding the construction of such facilities in lieu of paying the tax. L. Forwarding Copy of Map 1. In connection with an application for tentative map that proposes to subdivide land within one mile of the boundary of an unincorporated area of the county, the City shall forward a copy of the proposed map to the Clark County Planning Commission or its designated representative, as required by NRS 278.345. 2. In connection with any application for tentative map, the City shall forward a copy of the proposed map to the Clark County School District and to any general improvement district in which the property is located, as required by NRS 278.346 and 278.347. 3. Comment and action by the agencies described in this Subsection concerning the proposed map shall be in accordance with and subject to the provisions of NRS 278.345 to 278.347, inclusive. M. Planning Commission Review The Planning Commission shall conduct its review and take action on the application for tentative map in accordance with NRS Chapter 278, and within the time frames set forth in NRS 278.349 and 278.350. N. Revisions or Amendments to Tentative Map In the event that Planning Commission approval of a tentative map is contingent upon significant revisions or amendments, the applicant shall submit to the Director four new prints of the revised tentative map incorporating such revisions or amendments before the submission of an application for final map. O. Recordation Time Limits 1. If a final map is not approved and recorded within: a. Four years following the date of approval of the tentative map; b. Two years following the date of approval of a previously-recorded final map covering a portion of the tentative map; or c. Two years following an extension of time granted pursuant to Subsection (P) of this Section, the tentative map application and approval shall lapse and a new tentative map shall be required. 2. For a phased project, the first of a series of final maps covering a portion of the approved tentative map must be approved and recorded within four years following the date of approval of the tentative map. Subsequent final maps must be approved and recorded within two years following the date of the approval of the previously recorded final map, unless an extension is granted pursuant to Subsection (P) of this Section, or all further proceedings concerning the subdivision shall be terminated. P. Recordation Extension of Time By delegation, the Director, upon application, may grant a single two-year extension of time within which to present and record a final map or any one of a series of final maps covering a portion of the tentative map, except that no extension may be granted if a final map, or the first in a series of final maps, is not recorded within four years following the date of approval of the tentative map. In order to qualify for an extension of time under this Subsection, application therefore must be made prior to expiration of the approval. Q. Appeals Page 597 Any person aggrieved by the final action of the Planning Commission with respect to a tentative map may appeal that action, in writing, to the City Council within seven days after receiving written notice of the decision. All appeals shall be filed with the Director and be accompanied by a nonrefundable fee as set forth in the fee schedule. The City Council shall hear the appeal within thirty days after the appeal is filed. (Ord. 6630 § 28, 08/15/18) Page 598 19.16.060 Final Map Final Map 19.16.060 Typical Review Process A. Purpose of Provisions The provisions of this Section set forth the administrative and procedural requirements for the subdivision of land by a final map. The final map process requires review and action by the Director, the Director of Public Works, and, in some cases, the Planning Commission. In addition, the provisions of Subsection (H) of this Section relative to traffic and drainage studies are applicable to non-subdivision development as well. B. Required A final map, prepared in accordance with the approved tentative map, or a series of final maps each covering a portion of an approved tentative map, shall be submitted in compliance with the provisions of NRS Chapter 278, LVMC 19.16.050 (O), and the additional regulations contained in this Title. C. Application -- Fee A final map application shall be submitted to the Department, along with the fee set forth in the fee schedule. The fee shall be nonrefundable. The application initially shall be processed under the final map technical review process described in this Chapter. D. Application -- Form -- Copies 1. Application for a final map shall be made on a form established by the Director and made available to the public. The application must be accompanied by a sufficient number of copies, as determined by the Director, of a twenty-four by thirty-two inch original of the final map drawing. In order to be accepted for review under the final map technical review process, the final map application must: a. Demonstrate compliance with Subsections (N) to (U), inclusive, and Appendix C to this Title; b. Include documentation from the Department of Public Works that: i. A drainage plan and technical drainage study is not required or that the required plan and study have been approved by the Department of Public Works; and ii. A traffic impact analysis is not required or that the traffic impact analysis has been approved by the Department of Public Works. 2. In order to be deemed complete, the final map application must have been reviewed and approved in connection with the final map technical review process described in this Section. E. Application -- Determination of Completeness 1. The Director shall determine if the application is in proper form and includes all required data and information necessary to conduct the final map technical review in accordance with this Section. Within five working days after submittal of a final map application, the Director shall: Page 599 a. Accept the application as being in proper form and containing the necessary information, and begin the final map technical review process; or b. Provide written notice to the applicant specifying the deficiencies of the application. Such notice is sufficient if it has been delivered, mailed or faxed to the applicant. The Director is under no obligation to take further action on the application until the deficiencies are remedied. 2. If the Director determines that the application is in proper form and contains the necessary information, the Director shall, within the review period, perform the final map technical review, which consists of determining whether the application conforms with the tentative map approved by the Planning Commission, the requirements of NRS Chapter 278, and the provisions of this Title. In connection with that determination, the Director may approve the final map technical review, deny it, or approve it subject to conditions designed to bring it into conformance. 3. Except as otherwise provided in Paragraph (4), the review period described in Paragraph (2) consists of the thirty-day period following the determination that a final map application is in proper form and contains the necessary information. 4. The review period: a. Does not apply if the Director elects to refer the final map technical review to the Planning Commission to decide if there is compliance with the tentative map or a condition thereof; b. Does not apply if the subdivider elects to have an adverse decision by the Director concerning the final map technical review considered by the Planning Commission to decide if there is compliance with the tentative map or a condition thereof; and c. May be waived by the subdivider in order to allow the subdivider additional time to demonstrate that the final map technical review should be approved. F. Application -- Approval or Denial 1. Upon approval of the final map technical review, the final map application and final map itself may be submitted for final action by the Director. The Director shall review the application and map for conformance with the final map technical review. Except as otherwise provided in Paragraph (2), the Director, within ten days, shall either approve or deny the application and final map. 2. The ten-day period may be waived by the subdivider in order to allow the subdivider: a. Additional time to demonstrate that the final map should be approved; or b. As an alternative to denial of the final map by the Director, an opportunity to have the Planning Commission review or consider the final map. G. Recordation -- Requirements and Conditions After a final map has been approved, the applicant shall make those modifications necessary to ensure compliance with any conditions imposed by the Director or by the Planning Commission. The Director, together with the Director of Public Works, shall be responsible for determining compliance with all requirements before a final map may be released for recordation. Before signing the final map certificate, the Director must determine that all requirements and conditions have been met, including: 1. Submittal of a corrected final map, if appropriate; 2. Completion of all certification signatures in substantial conformance with Appendix E; 3. Dedication of all easements and rights-of-way approved for inclusion on the final map, and vacation of all existing easements and rights-of way not to be included on the final map; 4. Completion of all public improvements and common area improvements associated with the subdivision, as required by the City, unless the subdivider elects to enter into an agreement with the City to make such improvements pursuant to LVMC Chapter 19.02 ; Page 600 5. Approval of a phasing plan or development agreement, if required by LVMC Chapter 19.02 ; 6. Payment of all applicable inspection and developer fees and posting of all required bonds or documents of security; 7. Execution of all required agreements; and 8. Submittal of a one inch equals two hundred foot scale version of the final map drawing or a copy of such drawing in compatible digital format. H. Traffic Studies or Drainage Studies -- Submission and Approval Required 1. Except as otherwise provided in Paragraphs (2) through (4) below, traffic studies or drainage studies that have been required in connection with zoning or other development approval regarding a subdivision must be submitted and approved before the subdivider submits improvement plans pursuant to this Section. The Department of Public Works may require the traffic and drainage studies be submitted in an electronic format. The improvement plans must take into account and be based upon those approved studies. 2. Notwithstanding the requirements of Paragraph (1) above, the Director of Public Works or designee may authorize the submittal of improvement plans prior to the final approval of a traffic study or drainage study for the site if the subdivider demonstrates to the satisfaction of the Director of Public Works or designee that such a submittal is warranted. Such an early submittal (hereafter "at-risk submittal") is entirely at the risk of the subdivider and is subject to the limitations and conditions set forth in Paragraphs (3) and (4) below. 3. The real property that is the subject of an at-risk submittal: a. Must not be located within the HS-O (Hillside Development Overlay) District or within a Special Flood Hazard Area; b. Must not exceed twenty gross acres. c. Must have received tentative map approval or site development plan approval, if required by this Title. 4. With respect to any at-risk submittal, the subdivider must submit to the Director of Public Works or designee a signed and notarized written statement acknowledging that the subdivider: a. Is solely responsible for any costs associated with design changes that occur during the plan review as a result of the drainage study or traffic study approval. b. Is solely responsible for any costs associated with additional plan check fees that accrue as a result of the drainage study or traffic study approval. c. Understands and agrees that a permit will not be issued until all conditions of the drainage study and traffic study are met and all permit fees paid. d. Is subject to additional plan check fees for each review beyond the initial submittal if such submittals are the result of design changes needed in order to conform to the approved traffic study or drainage study. Such fees are assessable at one hundred sixty dollars per hour for each City department that is required or requested to review the plans. 5. The provisions of the Subsection (H) shall also apply to non-subdivision development and development approvals. In such cases, references to "subdivision" and "subdivider" shall include "non-subdivision development" and "developer." respectively. I. On-Site and Off-Site Improvements Permits Following approval of a final map, permits for the construction of on-site and off-site improvements may be granted: 1. Upon approval of the following plans, as applicable, by the Department of Public Works: a. All public and private street plans, including profiles; b. All sewer, storm drains and water plans, including profiles; Page 601 c. All street lighting and traffic plans; d. All drainage plans; e. All parks plans; and 2. Upon approval by the Director of the plans for any common area improvements or private improvements, other than private streets, which have been required to be installed by the City in connection with development approval. J. Recordation -- Title Company Report -- Consent of Holders of Record A final map presented for recording shall include the following items: 1. A report from a title company which lists the names of each owner of record of the land to be divided and each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust. If for a common-interest community, as defined in NRS 116.110323, said report shall show that there are no liens of record against the property or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments. The report must be updated as necessary so that it is current within seven days of the date the map is released for recording; and 2. The written consent of each holder of record of a security interest described in Paragraph (1), consenting to the preparation and recordation of the final map. A holder of record may consent by signing the final map or a separate document that is filed with the final map and that declares his consent to the division of land. K. Monuments Monuments must be set before the final map is recorded unless the subdivider furnishes a performance bond or other suitable assurance to the City guaranteeing that the monuments will be set by a land surveyor on or before a date certain. Monumentation shall comply with the specifications set forth in Appendix D to this Title. L. Recordation -- Time Limits The provisions of NRS Chapter 278 and this Title shall govern the time within which a subdivider must record a final map or obtain any extension of time therefor. The subdivider shall be responsible for the timely filing of any extension request. M. Plans and Specifications -- Documents and Information Required Construction plans and specifications related to a final map shall be accompanied by or include the documents and information described in Subsections (N) to (U), inclusive, of this Section. Such plans and specifications shall be submitted to and approved by the Director of Public Works prior to start of construction of any improvements. N. Plans and Specifications -- Plan Sheets All subdivision construction plans and specifications shall be sealed by an engineer licensed in the State of Nevada and shall comply with City standards. Any deviation from City standards must be noted on the plans. In order to obtain a deviation, the request for deviation must be included in a letter to the Director of Public Works which outlines each deviation and the reasons for requesting the deviation. Plans and specifications shall clearly indicate the distinction between existing and proposed improvements, and each plan sheet shall carry in the lower right- hand corner the name of the subdivision, the type of design shown on the plan, the name of the streets shown on the plan, the name of the engineer, the date, the sheet number and any other information deemed necessary by the Director of Public Works. Each plan sheet shall have a north arrow and indicate the scale used. Submitted plans shall be on original reproducible sheets, mylar preferred, with permanent ink, and shall be twenty four inches by thirty-six inches in dimension. A compatible digital format copy of the approved plans may be required by the Department of Public Works. O. Submission of Street Plans, Profiles, and Plans for Public Alleys 1. The applicant shall submit street plans and profiles showing curve data, centerline and curb-lines with reference to back of curb, including radius, center angle, tangent and length of curve; curb type; street names; Page 602 benchmarks; all valley gutters; ADA accommodations; and improvements relating to public transportation. Each profile view shall show the existing ground line prior to construction, percent grades of centerline and centerline elevations at all changes in vertical and horizontal alignment. Any documentation from the City Traffic Engineer that is required by LVMC 19.02.140 shall be submitted with street plans and profiles. 2. The applicant shall submit plans showing any public alleys that are proposed to be dedicated and improved. Public alleys may be included within a subdivision only after consultation with, and approval for inclusion by, the Director of Public Works. P. Street Lighting Plans shall indicate the proposed location of each streetlight standard, including pole type and gauge; the number and type of luminaries per pole; luminaire wattage and lamp type; conductor quality, size and insulation type; all underground conduit locations, sizes and types; proposed service connection locations or, if approved prior to submittal, the connection point to an existing street lighting circuit. All equipment and locations shall be in conformance to City standards unless the City Council allows an exception. The installation of conforming lighting may be deferred if the deferral is approved by the City Council and the applicant executes a covenant running with land agreement to secure the installation. Q. Drainage Patterns The applicant shall submit sufficient information in the form of maps and profiles prepared by an engineer to indicate the proper drainage of surface water to natural drainage courses or into existing or proposed public drainage-ways. Any modifications to drainage patterns adjacent to the subject site shall also be noted on the plans. If drainage is proposed across lands used as private lots, the location, width and types of rights-of-way and easements shall be indicated on the final map. R. Sanitary Sewer Collection System The applicant shall submit sufficient plans and profiles to show all sanitary sewer collection system information necessary to determine compliance with City standards. Each plan view shall show lot lines; lot and block numbers; exact location of wastewater lines with reference to property lines; coordinates for both the location of manholes and house laterals; street names; and benchmark elevations. Each profile view shall show the proposed finished grade above the pipe or, if no street construction is involved, existing ground line; top of manhole elevation; invert elevation; stationing and coordinates (NAD 83) of each manhole; size and type of pipe, percent of grade and distance between manholes. S. Water Lines, Valves and Fire Hydrants The applicant shall submit plans showing the exact size and location of all water lines, valves and fire hydrants. T. Grading Plan 1. The applicant shall submit a grading plan showing: a. North arrow and scale; b. Benchmark (City datum); c. Engineer's dated signature and seal; d. Existing topography at one-foot contour intervals to extend one hundred feet beyond the tract limits measured from the centerline of adjacent roadways (with the exception that, where grades exceed ten percent, two-foot contour intervals may be used); e. Property corners and spot elevations sufficient to show drainage patterns and all conforming conditions; f. Proposed pad and finished floor elevations; g. Finished floor elevations of buildings within one hundred feet of the centerline of adjacent roadways or, where no adjacent roadway exists or is planned to exist, the exterior property line of the tract; h. Proposed curb elevations at grade breaks, beginning and end of curve; Page 603 i. Direction of water flow and percent of grade of site; j. Direction of water flow and percent of grade of existing and proposed drainage ways; k. Direction of flow, percent of grade and other pertinent features for any off-site drainage improvements which are part of the project; l. Details of proposed drainage facilities for the lots; m. Details of all proposed drainage facilities including but not limited to storm drains, pipe sizes, inlets, manholes, valley gutters, swales, berms and easements; n. Plan and profile drawings of drainage facilities in public rights-of-way or public drainage easements; and o. Existing walls abutting the subdivision and proposed walls within or adjacent to the subdivision. 2. The grading plan must comply with the cross section drawing required to be submitted with the tentative map pursuant to LVMC 19.16.050(J). The plan shall be considered to be in substantial compliance if the grades are within two feet of the elevations shown on the cross section drawing and tentative map. If actual grading does not conform to the approved grading pan or the requirements of LVMC 19.16.050(J), the Director, or the Director of Public Works, may require the subdivider to re-grade the site or to appear before the Planning Commission for appropriate resolution. 3. The grading plan must comply with the approved drainage study on file as certified by an engineer, and the plan shall include a note indicating such certification. U. Additional Data The following data shall be submitted with the plans: 1. Excavation and fill (cubic yards); 2. AC paving and gravel base (square yards); 3. Curb and gutter (lineal feet); 4. Sidewalk (square feet); 5. Valley gutter (square feet); 6. Sewer mains, trunk lines, laterals and connections (size and lineal feet); 7. Manholes (each); 8. Street lighting (each); 9. Water mains (size and lineal feet), water services and number of fire hydrants; 10. Quantity takeoffs in tabular form for public drainage facilities; and 11. Sidewalk ramps (each). V. Commencement of Construction and Installation Work Relating to Required Public Improvements The applicant shall notify the Director of Public Works at least twenty-four hours in advance of the scheduled date and time that construction and installation work relating to required public improvements or private streets is to commence. If delays occur, the applicant shall notify the Director of Public Works not less than two hours prior to the rescheduled time. W. Commercial Subdivisions -- Additional Requirements In addition to the other provisions and requirements set forth in this Section, a final map for a commercial subdivision shall comply with the following requirements prior to being released for recordation: 1. Within the C-1 District (or its equivalent), the Director of Public Works may require all parcels created through the commercial subdivision process to have perpetual unobstructed access to driveways servicing the overall subdivision site. For sites larger than ten acres in size, the requirement may be imposed only if the requirement Page 604 has been recommended in an approved Traffic Impact Analysis. If the requirement is imposed, a note to that effect shall be included on the final map. 2. The on-site sewer system servicing the overall commercial subdivision shall be identified as one of the following types, with the appropriate wording to appear as a note on the final map: a. A public sewer, with a minimum pipe diameter of eight inches, located within dedicated public sewer easements which are a minimum of twenty feet wide. b. A common element of the commercial subdivision which is privately owned and which is maintained in accordance with covenants, conditions and restrictions that govern the subdivision. c. A common element of the commercial subdivision which is privately owned and which is maintained in accordance with a joint use agreement applicable to the subdivision. 3. All subdivided parcels comprising the commercial subdivision shall provide perpetual inter-site common drainage rights across all existing and future parcel limits, and a note to this effect shall appear on the final map. X. Appeals Any person aggrieved by the final action of the Director with respect to a final map may appeal that action, in writing, to the Planning Commission within seven days after receiving written notice of the decision. All appeals shall be filed with the Director and be accompanied by a nonrefundable fee as set forth in the fee schedule. The Planning Commission shall hear the appeal within thirty days after the appeal is filed. (Ord. 6519 §2, 04/06/16) Page 605 19.16.070 Reversionary Map Reversionary Map 19.16.070 Typical Review Process A. Amendment of Plats - Generally Any amendment of a recorded plat, parcel map or other record which changes or purports to change the physical location of any monument, property line or boundary line shall be subject to the requirements of NRS Chapter 278 regarding the amendment of plats. B. Application -- Review -- Final Action Any application to revert any final map, parcel map or other instrument to undivided acreage shall comply with the requirements of NRS Chapter 278 regarding the abandonment of maps or reversion of divided land to acreage. The application shall be filed with the Director, who shall be responsible for reviewing and acting upon the application. C. Merging and Resubdivision of Contiguous Parcels In accordance with NRS 278.4925, the owner of two or more contiguous parcels may merge and resubdivide the land into new parcels or lots without reverting the preexisting parcels to acreage pursuant to NRS 278.490. The recording of the resubdivided parcels or lots on any map constitutes the merging of the preexisting parcels into a single parcel and then resubdivision into new parcels or lots. For any public street, easement or utility easement that will not remain in effect after the merger and resubdivision, a certificate must be attached to the parcel map or final map indicating that the Planning Commission or Director, as applicable, has determined that the public street, easement or utility easement has been vacated or abandoned in accordance with NRS 278.480. If streets, easements and utility easements are to remain in effect after the merger and resubdivision, they shall be clearly delineated on the map. D. Final Map of Reversion - Preparation The final map of reversion shall be prepared by a professional land surveyor licensed pursuant to NRS Chapter 625. The surveyor shall include in the required surveyor's certificate all the information required by NRS Chapter 278, including the representation that the map has been prepared from information on a recorded map or maps that are being reverted. The certificate: 1. May include a statement that the professional land surveyor assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the recorded document(s). 2. Shall include information which is sufficient to identify clearly the recorded map or maps being reverted. E. Final Map of Reversion -- Legibility -- Copies The final map of reversion shall be clearly and legibly drawn pursuant to the requirements of NRS Chapter 278. The application shall be accompanied by fourteen copies of a twenty-four by thirty-two inch original drawing which complies with the requirements of that Section. Page 606 F. Application - Contents The application for a map of reversion shall include: 1. A report from a title company which lists the names of each owner of record of the land and each holder of record of a security interest in the land, if the security interest was created by a mortgage or a deed of trust. The report must be updated as necessary so that it is current within seven days of the date the map is released for recording; and 2. The written consent of each holder of record of a security interest listed pursuant to the section above to the preparation and recordation of the map of reversion or abandonment. A holder of record of a security interest may consent by signing the map of reversion or abandonment or a separate document that is filed with the map of reversion or abandonment and declares his consent to the reversion or abandonment, provided the map contains a notation that a separate document has been recorded to this effect. G. Certificate of Consent A map of reversion or abandonment must include a certificate, signed and acknowledged pursuant to NRS 111.240, by each person who is an owner of the land, consenting to the preparation and recordation of the map for the purpose of reversion or abandonment. H. Certificate of Planning Commission Approval A map of reversion or abandonment presented to the county recorder for recording shall include a certificate by the Secretary of the Planning Commission stating that the Planning Commission approved the map. I. Lien Deemed Not To Be An Interest In Land For purposes of Subsections (F) and (G) of this Section, a lien for taxes or special assessment and a trust interest under a bond indenture shall be deemed not to be an interest in land. J. Reversion of City-Owned Street or Easement If a map of reversion or abandonment includes the reversion of any street or easement owned by the City or other governmental entity, the applicable provisions of NRS 278.480 shall be followed before approval of the map. Page 607 19.16.080 Vacations Vacations 19.16.080 Typical Review Process A. Petitions -- Form - Contents A public street or easement, or the City's interest in a government patent reservation, may be vacated upon the petition of at least one owner of property abutting the area proposed to be vacated, or upon the initiative of the City. In the case of a petition by an abutting property owner, two copies of a properly signed petition shall be filed with the Secretary of the Planning Commission on a form provided by the Department. The petition shall contain a written statement describing the area to be vacated and the reasons for the proposed request, and either a complete legal description from which the right-of way or other property proposed to be vacated may be plotted or a drawing acceptable to the Department showing an accurate representation of the proposed vacation. B. Petitions - Sufficiency A petition for vacation must be accompanied by a deed or other sufficient evidence of ownership. In the case of a City-initiated vacation, an appropriate written request shall be filed and processed as if it were a petition under this Section. C. Petitions -- Public Record Upon receipt of a properly executed petition, the Secretary of the Planning Commission shall maintain said petition, together with all pertinent attachments and exhibits, in the permanent files of the Department as a public record. D. Petitions -- Filing - When In order to provide sufficient time for the necessary investigation by the Planning Commission and its Secretary and agents, a petition for vacation must be filed with the Secretary of the Planning Commission a minimum of thirty days prior to the date of the meeting of the Planning Commission at which said petition for vacation is to be heard and considered. E. Public Hearing, Notice And Order Of Vacation - Dedicated Right Of Way 1. In the case of a petition for the vacation of a dedicated right-of-way, the Planning Commission shall hold a public hearing on the petition for vacation. Thereafter, the Planning Commission shall make its finding regarding the petition by way of recommendation, and shall report that recommendation to the City Council. 2. The City Council shall consider the recommendation at a public hearing. Not less than ten business days before the public hearing, notice of the hearing, setting forth the extent of the proposed vacation and setting the date of the hearing, shall be: a. Sent by mail, sufficient to meet the requirements of NRS 278.480, to each owner of property abutting the proposed vacation; and b. Published at least once in a newspaper of general circulation in the City. Page 608 3. If, following the public hearing, the City Council is satisfied what the public will not be materially injured by the proposed vacation, it may order the right-of-way vacated. The City Council may make the order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed. F. Public Hearing, Notice and Order of Vacation - Easement or Government Patent Reservation 1. In the case of a petition for the vacation of an easement or government patent reservation, the Planning Commission shall hold a public hearing on the petition. Not less than ten business days before the public hearing, notice of the hearing, setting forth the extent of the proposed vacation and setting the date for the hearing, shall be: a. Sent by mail, sufficient to meet the requirements of NRS 278.480, to each owner of property abutting the proposed vacation; and b. Published at least once in a newspaper of general circulation in the City. 2. Following the public hearing, the Planning Commission shall take final action on the petition. If the Planning Commission is satisfied that the public will not be materially injured by the proposed vacation, it may order the easement or government patent reservation vacated. The Planning Commission may make the order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed. In the case of the a government patent reservation, the order may take the form of a relinquishment of interest or its equivalent, and the order shall be treated as an order of vacation under the provisions of this Section. G. Continuation of Utility Easements If a utility has an easement over any dedicated right-of-way which is vacated, the City Council shall provide in its order for the continuation of that easement. In the case of a vacation of the City's interest in a government patent reservation, easements for utilities will not be retained because they are not included within the City's interest and, therefore, are not affected by vacation of the City's interest. H. Requirements to Be Met Prior to Recordation of Order Following the approval of a vacation, all applicable City code requirements and design standards of all City departments must be met prior to recordation of the Order of Vacation. I. Modification of Public Improvements All public improvements adjacent to or in conflict with any proposed vacation shall be modified, as necessary, at the expense of the applicant or other responsible person, as required by the Department of Public Works. Approval of the vacation may be conditioned upon a requirement that existing public improvements and appurtenances with a potential salvage value be: 1. Removed in a manner designed to protect that value; and 2. Delivered to a City facility for reuse, as directed by the Department of Public Works. J. Drainage Plan and Technical Drainage Study Where determined necessary by the Department of Public Works, a drainage plan and technical drainage study shall be submitted by the applicant to and approved by that department prior to recordation of an order of vacation. All drainage easements recommended within the approved drainage study shall be retained. K. Signage As and to the extent deemed necessary by the Department of Public Works, the applicant or other responsible person shall install appropriate signage to clearly state that the area vacated is private property and shall construct appropriate off-site improvements or erect barricades to block through traffic movements. L. Removal of Streetlights Page 609 All public streetlights located within the vacation area shall be removed and delivered to the City Electrical Yard by the applicant or other responsible person, as required by the Department of Public Works. The applicant or other responsible person shall pay all costs associated with the rerouting of conduits and electrical circuits and any additional electrical service which is required to maintain the continuity of surrounding streetlights. M. Dedication of Radius Corners Where needed to provide proper transition of right-of-way, the applicant or other responsible person shall dedicate radius corners as required by the Department of Public Works prior to recordation of an order of vacation. N. Order Not Recorded Until All Requirements Met - Exception An order of vacation shall not be recorded until all the requirements imposed on the vacation have been met, except that any requirement may be fulfilled for purposes of recordation by providing sufficient security for the performance thereof in accordance with LVMC 19.02.130((E). O. Time Limitation on Recordation If the order of vacation is not recorded within one year after approval by the City Council or within such additional time as may be granted by the Director, approval of the vacation terminates and a new petition must be submitted. Page 610 19.16.090 Rezoning Rezoning 19.16.090 Typical Review Process A. Purpose The purpose of this Section is to set forth the procedures by which the Planning Commission and City Council will periodically review and amend the Official Zoning Map Atlas of the City to ensure that it meets the goals and objectives of the General Plan and related land use policies and plans. B. Authority Whenever public necessity, safety and general welfare may require, the City Council may, upon recommendation by the Planning Commission, rezone any parcel or area of land within the City from one zoning district to another when the rezoning will conform to the General Plan and the requirements of Subsection (K) of this Section. C. General Plan Amendment If a proposed rezoning will not conform as to use or density, the application may not be approved unless the General Plan is amended first to accommodate the proposed rezoning. The applicant may submit an application to amend the General Plan and an application for rezoning at the same time, and the applications may be heard concurrently. D. Minimum Site Requirements Property which is proposed to be rezoned to the following zoning districts must meet the minimum criteria denoted below in order to be considered for rezoning: 1. P-C District. Minimum site area of three thousand acres. 2. PD District. Minimum site area of 40 acres. 3. All Form-Based Zoning Districts, or Transect Zones. See the requirements of LVMC 19.16.090(R). E. Application - General 1. Application Form. An application to rezone property shall be on a form provided by the Department. The application shall be signed, notarized and acknowledged by the owner of record of each parcel of property. The application shall be filed with the Secretary of the Planning Commission at the office of the Department. 2. Initiation of Application. An application for a rezoning may be initiated by the Department, Planning Commission or by the City Council, or by means of an application filed by the owner(s) of record of each parcel of property proposed for rezoning. 3. Other Governmental Ownership. a. Application Requirements. With respect to property which is owned by the State of Nevada or the United States of America, a rezoning application is sufficient if it is signed and acknowledged by a prospective purchaser of that property who has: i. Entered into a contract with the governmental entity to obtain ownership of the property; Page 611 ii. Provided to the Department a letter from the governmental entity indicating that it consents to the filing of the application and agrees to be bound by the application; or iii. Provided to the Department a letter from the governmental entity indicating that it has no objection to the filing of the application. b. Effect of Letter of No Objection. In the case of an application that is supported by a letter of no objection under Subparagraph (a)(iii) of this Paragraph (3), the applicant shall acknowledge in writing by means of a form provided by the Department or in a form acceptable to the City Attorney, that: i. The processing of the application is done as an accommodation only; ii. The application, the results thereof, and any entitlements related thereto are dependent upon the applicant's obtaining an enforceable contractual interest in the property; and iii. The applicant assumes the risk of proceeding without any assurance that approval of the application will lead to an ability to implement the approval. 4. Non-Property Owner. A rezoning application is sufficient if it is signed and acknowledged by a lessee, a contract purchaser or an optionee of the property for which the rezoning is sought. However, interest in that property must exist in a written agreement with the owner of record, attached to which is a copy of the rezoning application and in which the owner of record has authorized the lessee, contract purchaser or optionee to sign the application. The agreement must further stipulate that the owner of record consents to the filing and processing of the application and agrees to be bound by the requested rezoning. 5. Multiple Ownership. In the case of multiple ownership of a parcel, only one of the owners of record shall be required to sign the application. A list of all other owners shall be provided with the application. 6. Contiguous Land. Except with respect to rezoning applications initiated by the Department, Planning Commission or the City Council, all of the land in the application shall be contiguous with at least one common point. F. Application - Specific Requirements 1. Pre-Application Conference. Before submitting an application to rezone, the owner or authorized representative shall engage in a pre-application conference with the staff of the Department to discuss preliminary land planning, including land use relationships, density, transportation systems, infrastructure facilities and landscaping and open space provisions. 2. PD District. A site development plan or concept plan, as required by LVMC 19.10.040, shall be submitted concurrently with any application for rezoning to a PD District. 3. P-C District. A concept plan and other documentation specified in LVMC 19.10.030(E) shall be submitted concurrently with any application for rezoning to a P-C District. G. Successive Applications 1. Previously Denied Applications. An application to rezone a parcel in which all or any part was the subject of a previous application for rezoning to the same zoning classification, to a less restrictive classification or for the same use or one of a similar density which has been denied or which has been withdrawn subsequent to the noticing of a public hearing shall not be accepted until the following periods have elapsed between the date of the denial or withdrawal and the date of the meeting for which the proposed application would be scheduled in the ordinary course: a. After the first denial or withdrawal - one year. b. After the second or a subsequent denial or withdrawal - two years. 2. Previously Withdrawn Applications. An application for a Rezoning concerning all or any part of a previous application for a Special Use Permit or a Variance for the same use, a similar use or a less restrictive use which has been denied or which has been withdrawn subsequent to the noticing of a public hearing shall not be accepted until the time periods described in Paragraph (1), above, have elapsed. Page 612 3. Applications Withdrawn Without Prejudice. The time periods described in Paragraphs (1) and (2) above, and that otherwise would become effective because of the withdrawal of an application, shall not become effective if, after consideration of the timing and circumstances of the withdrawal, the Planning Commission or the City Council specifically approves the withdrawal without prejudice. H. Request for Abeyance Any applicant who wishes to have an application held in abeyance following the notice and posting of the agenda of the Planning Commission or the City Council shall state good cause for the request. Good cause shall be more than mere inconvenience to the applicant or lack of preparation. I. Planning Commission Public Hearing and Action 1. Hearing. The Planning Commission shall hold a public hearing when considering any application for rezoning of property. 2. Notice a. Notice Provided. Notice of the time, place and purpose of the hearing must be given at least 10 days before the hearing by: i. Publishing the notice in a newspaper of general circulation within the City; ii. Mailing a copy of the notice to: A) The applicant; B) Each owner of real property located within a minimum of one thousand feet of the property described in the application; C) Each tenant of any mobile home park that is located within on thousand feet of the property described in the application; D) The owner of each of the thirty separately-owned parcels nearest to the property described in the application to the extent this notice does not duplicate the notice otherwise required by this Paragraph (2); E) Any advisory board which has been established for the affected area by the City Council; and F) The president or head of any registered local neighborhood organization whose organization boundaries are located within a minimum of one mile of the property described in the application. b. Names Provided. The Department shall provide, at the request of the applicant, the name and address of any person notified pursuant to Subparagraph (a)(ii)(F) above. c. Additional Notice. The Department may give additional notice of the hearing by expanding the area of notification or using other means of notification or both. The Department shall endeavor to provide any additional notice at least 10 days before the date of the hearing. d. Signs. Notification signs shall be posted in conformance with LVMC 19.16.010 (D). 3. Planning Commission Decision Following the public hearing or hearings, the Planning Commission shall make its recommendations concerning the application for rezoning. The recommendation may be for approval or denial. In considering whether to recommend approval or denial of an application, the Planning Commission may, when it appears necessary or expedient, consider recommending: a. The approval of a more restrictive zoning classification than that set forth in the application; or b. That fewer than all parcels described in the application be rezoned to either the zoning classification requested in the application or a more restrictive classification, but only if such parcels are distinct legal parcels. 4. Notice of Planning Commission Decision Page 613 Following the date of the Planning Commission decision, a report of its findings and decision shall be forwarded to the City Council. The report shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the approval or the denial of the rezoning necessary or appropriate to carry out the provisions and general purposes of this Title. Written notice of the decision shall be provided to the applicant, agent, or both. J. Burden of Proof The applicant bears the burden of proof to establish that the approval of the rezoning is warranted. K. City Council Public Hearing and Action 1. Notice and Hearing. The City Council shall consider the proposed rezoning and the recommendation of the Planning Commission at the next available meeting following the receipt of the recommendation. The City Clerk shall mail written notice of the Council hearing, at least ten days before the hearing, to the property owners who were notified by mail of the Planning Commission hearing, or to the current owners of record in the case of properties whose ownership has changed in the interim. 2. City Council Decision a. Decision. The City Council may approve or deny an application for a rezoning. In considering whether to approve or deny an application, the City Council may consider: i. The rezoning of the property to a more restrictive zoning classification than that set forth in the application; or ii. The rezoning of fewer than all parcels described in the application to either the zoning classification requested in the application or a more restrictive classification, but only if such parcels are distinct legal parcels. b. Change to More Restrictive Zoning. If, at the public hearing, the applicant proposes amending the rezoning application to a more restrictive zoning classification, the City Council may act on the request or refer the application back to the Planning Commission for consideration. c. Significant Changes to Application. If the applicant proposes significant changes to the application during the hearing, or if new information is presented that significantly changes the nature and scope of the application, the request should be referred back to the Planning Commission for consideration. 3. Notice of City Council Decision. Following the hearing on a proposed rezoning, the City Council shall reach a decision concerning the proposal. The decision shall include the reasons for the decision. Written notice of the decision shall be provided to the applicant or his agent, or both. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date that notice of the decision is filed with the City Clerk. L. Rezoning Determinations--Approval In order to approve a proposed rezoning, the Planning Commission or City Council must determine that: 1. The proposal conforms to the General Plan. 2. The uses which would be allowed on the subject property by approving the rezoning will be compatible with the surrounding land uses and zoning districts. 3. Growth and development factors in the community indicate the need for or appropriateness of the rezoning. 4. Street or highway facilities providing access to the property are or will be adequate in size to meet the requirements of the proposed zoning district. M. Rezoning Determinations--Denial or Limited Approval Page 614 In order to: (1) Deny a proposed rezoning which conforms to the General Plan as to use or is within the range of density allowable under the General Plan; or (2) Over the applicant's objection, approve the application for a lesser density or for a more restrictive zoning classification than requested, the Planning Commission or City Council must determine that the proposed rezoning is inconsistent with other elements of the General Plan or is incompatible with the surrounding development in the area. N. Site Development Plan The Planning Commission and the City Council may, as a part of an approval motion, reserve the right to review any subsequent Site Development Plan for the site. O. Authorization to Proceed Approval of a rezoning application by the City Council constitutes a declaration of intent to amend the Official Zoning Map Atlas of the City to reflect the zoning district approved for the property. Such approval authorizes the applicant to proceed with the process to develop and/or use the property in accordance with the development and design standards and procedures of all City departments and in conformance with all requirements and provisions of the City of Las Vegas Municipal Code. P. Procedures Governing Rezoning Approvals Granted Before July 1, 2007 1. Resolution of Intent. Before the City Council adopts an ordinance to effectuate a rezoning, the Council may adopt a Resolution of Intent to reflect the Council's approval of the rezoning. Such a Resolution of Intent is binding upon the City Council in accordance with its terms and shall have a time limit not to exceed two years. 2. Finalizing Rezoning by Ordinance. The final step in the rezoning process, whether or not rezoning approval is by means of a Resolution of Intent, is the adoption of a rezoning ordinance in which the zoning classification of one or more parcels is formalized. 3. Changes. No substantial change may be made to a development or to the rezoning approval which authorized that development without the approval of the City Council. This approval requirement applies to the rezoned parcel both before and after the adoption of an ordinance rezoning that parcel. 4. Termination of Rezoning Approvals Subject to a Resolution of Intent a. Approvals Not Subject to Time Limit. If development does not occur in a timely manner or if conditions in the area change subsequent to the original approval of a rezoning that is not subject to a time limit, the City Council may schedule a hearing to reconsider the Resolution of Intent. At such time, the Council may rescind the Resolution of Intent or may change the conditions of approval. In addition, if such a rezoning approval no longer conforms to the use and density classification of the General Plan, the City may notify the property owner that the rezoning must be exercised within one year. Thereafter, the approval shall be treated as an approval subject to a time limit in accordance with Subparagraph (b) below. b. Approvals Subject to Time Limit. Except as otherwise provided in Paragraph (5) below, a rezoning approval which is not exercised within the time limit established for or by the Resolution of Intent shall be void. c. Methods for Exercising Rezoning Approvals. For purposes of this Paragraph (4), a rezoning approval is exercised as follows: i. For applications that require the creation of a residential subdivision, upon the recordation of a final subdivision map; ii. For applications that require the construction of one or more new structures, but do not require the creation of a residential subdivision map, upon the issuance of a building permit for the new construction; iii. For all other applications, upon the issuance of a certification of occupancy or approval of a final inspection, whichever is applicable. Page 615 5. Extension of Time-General Requirements. If the approval of a Resolution of Intent is subject to a time limit, the approval expires at the end of that time limit unless the City Council extends the approval period. Extension of an approval period may be granted only if: a. Application therefore is made prior to the expiration of the time limit; b. The applicant demonstrates good cause; and c. The applicant conforms to the additional requirements set forth in Paragraph (6) below. 6. Extensions of Time-Additional Requirements. If a time-limited zoning approval that is sought to be extended continues to conform to the use and density classifications of the General Plan, the applicant must demonstrate that the rezoning remains consistent with the surrounding area and the pattern of development in the area. If the rezoning sought to be extended no longer conforms to the use and density classifications of the General Plan, the extension of time, if granted, shall be limited to a one-year period. If, within that period, the zoning approval is not exercised by means of the recordation of a final subdivision map or by the commencement of actual construction, the approval terminates. Q. Procedures Governing Rezoning Approvals Granted On or After July 1, 2007 The approval of a rezoning application shall be formalized by the subsequent adoption of an ordinance in which the rezoning of one or more parcels is reflected. No substantial change may be made to a development or to the rezoning approval which authorized that development without the approval of the City Council. R. Rezoning Criteria Related to Form-Based Zoning Districts or Transect Zones. 1. In order for property to be considered for rezoning to a Form-Based Zoning District or Transect Zone, it must meet at least one of the following four criteria: a. The site is located within the boundaries of the Downtown Las Vegas Overlay (DTLV-O). b. The minimum site area is 40 acres, measured as the outer boundary of all aggregated parcels being considered for the rezoning. c. The minimum site area is 20 acres, measured as the outer boundary of all parcels proposed for rezoning, and; i. The property proposed for rezoning is comprised of adjacent parcels all of which are under documentable common ownership; and ii. The rezoning is related to a specific development proposal concerning which a Site Development Plan application will be considered concurrently. d. The site is adjacent to property already zoned with a Form-Based zoning district. 2. In order for property to be considered for rezoning from one Form-Based Zoning District to another, the proposed Transect Zone category must be no further away than one Transect Zone category numerically from 1) the current Form-Based zoning district and 2) the adjacent parcels. For purposes of determining compliance with the previous sentence, Transect Zone categories include Transect 1 (T-1) to and including Transect 6 (T-6), as described in LVMC Chapter 19.09, ordered consecutively from the most rural to the most urban. In addition, to ensure that the character of the neighborhood and the vision for the surrounding area as expressed in the City's adopted policy documents is met, no rezoning application may be considered except in connection with a Site Development Plan application, and the approval of any rezoning application shall be subject to the Site Development Plan approval. Page 616 3. Property which is proposed to be rezoned from a Form-Based zoning district, or Transect Zone, as defined in LVMC Chapter 19.09, to a residential, commercial, or industrial zoning district, must meet the requirements of this Paragraph (3). To ensure that the character of the neighborhood and the vision for the surrounding area as expressed in the City's adopted policy documents is met, no rezoning application may be considered except in connection with a Site Development Plan application, and the approval of any rezoning application shall be subject to the Site Development Plan approval. If an approved Site Development Plan is not exercised and becomes void, the rezoning shall be void as well. (Ord. 6649 § 10-11, 10/17/18) Page 617 19.16.100 Site Development Plan Review Site Development Plan Review 19.16.100 Typical Review Process A. Purpose The purpose of the Site Development Plan Review process is to ensure that each development: 1. Is consistent with the General Plan, this Title and other regulations, plans and policies of the City; 2. Contributes to the long term attractiveness of the City; 3. Contributes to the economic vitality of the community by ensuring compatibility of development throughout the community; and 4. Contributes to the public safety, health and general welfare. B. Applicability 1. Site Development Plan Review Required. Except as otherwise provided in this Subsection (B), a Site Development Plan Review is required for all development in the City. 2. Exemptions. Except where the City Council or Planning Commission has specifically reserved the right of review through a prior action, the following activities and improvements do not require a Site Development Plan Review: a. Demolition of a structure; b. Normal repairs and maintenance of an existing building or structure; and c. Activities and improvements undertaken in conjunction with a Temporary Commercial Permit or a special event permit issued under LVMC Chapter 12.02. 3. Certain Conversions. The conversion of any development from multi-family or apartment development to condominium or co-op status shall require a Site Development Plan Review. (Ord. 6196 §6, 05/16/12) C. Authority 1. The Director shall have the authority to: a. Determine whether an activity or improvement is exempt under Paragraph (2) of Subsection (B) of this Section; b. Determine whether a Site Development Plan will be subject to a major review or a minor review under this Section; and c. Approve or deny any Site Development Plan which requires a minor review; provided, however, that final approval authority shall rest with: Page 618 i. The Planning Commission, if the Commission specifically has reserved the right, through prior action, to review and maintain approval authority of any Site Development Plan; or ii. The City Council, if the Council specifically has reserved the right, through prior action, to review and maintain approval authority of any Site Development Plan, or if a member of the City Council requests a review pursuant to this Section. 2. In approving a Site Development Plan, the Director, or if applicable, the Planning Commission or City Council, may impose conditions deemed necessary to ensure the orderly development of the site. D. Design Standards All required Site Development Plans shall meet or exceed the minimum standards established in this Title. In addition, the City may adopt policy documents as a resource for acceptable standards and design solutions. To the extent that such documents establish minimum requirements and standards and are formally adopted by the City Council, Site Development Plans must comply with those documents. E. Criteria for Review of Site Development Plans The review of Site Development Plans is intended to ensure that: 1. The proposed development is compatible with adjacent development and development in the area; 2. The proposed development is consistent with the General Plan, this Title and other duly-adopted City plans, policies and standards; 3. Site access and circulation do not negatively impact adjacent roadways or neighborhood traffic; 4. Building and landscape materials are appropriate for the area and for the City; 5. Building elevations, design characteristics and other architectural and aesthetic features are not unsightly, undesirable or obnoxious in appearance; create an orderly and aesthetically pleasing environment; and are harmonious and compatible with development in the area; 6. Appropriate measures are taken to secure and protect the public health, safety and general welfare. F. Minor Review of Site Development Plans 1. Minor Review Decisions. Site Development Plans requiring Minor Reviews may be approved administratively by the Director. Minor Reviews include without limitation: a. Alterations which affect the external dimensions of an existing building or structure that complies with all applicable requirements of this Title and with any previous conditions or discretionary approval. b. New commercial or industrial construction that complies with all applicable requirements of this Title. c. New residential construction that complies with all applicable requirements of this Title and is not part of a sequential application for additional units. d. Live/Work units which comply with the provisions of LVMC 19.10.170, all other applicable requirements of this Title, and any previous conditions or discretionary approvals. e. Development-type conversions of any of the following, where the conversion complies with all applicable requirements of this Title: i. Residential to commercial; ii. Commercial to residential; or iii. Multi-family or apartments to condominium or co-op. 2. Minor Review Process. A Minor Development Review is initiated by the submittal of a Site Development Plan Review application or an application for a Building Permit. a. Building Permit Level Review. Minor Site Development Plans for the construction types listed in this Subparagraph (a) shall be submitted and reviewed as part of a building permit application. Issuance of a Page 619 building permit shall constitute approval of the Minor Review and no further action is required. The construction types eligible for such treatment are the following: i. Single family dwelling units, duplex dwelling units or multi-family residential development not exceeding four units; ii. Residential accessory buildings; iii. On-site signs, walls and fences; iv. Sculptures, fountains and other similar improvements; v. Patio covers, carports, and commercial shade structures; vi. Wireless communication facilities, antennas, satellite dishes, solar panels and small wind energy systems; vii. Alterations which do not affect the external dimensions of an existing building or structure; viii. Alterations which will result in a change of use or type of occupancy within part or all of an existing building or structure; and ix. Alterations which affect the external dimensions of an existing building or structure, but do not increase the net floor area as defined by Chapter 19.18. b. Regular Planning Application Level Review. Minor Site Development Plans for development that is not listed in Subparagraph (a) of this Paragraph (2) shall be submitted as part of a Minor Site Development Plan Review application. 3. Review by City Council. Except as otherwise provided by this Paragraph (3), the administrative approval of a Site Development Plan pursuant to this Subsection (F) shall be final action unless, no later than 10 days following the approval, a member of the City Council files with the Director a written request for the Site Development Plan to be reviewed pursuant to the Major Review Process. In the event such a request is filed, the Site Development Plan shall be subject to the Major Review Process set forth in Paragraph (2) of Subsection (G) of this Section. Such a review may require the payment of a notification fee prior to a public hearing. The provisions of this Paragraph (3) shall not apply to building permit level reviews described in Paragraph 2(a) of this Subsection (f). (Ord. 6281 § 6, 10/02/13) G. Major Review of Site Development Plans 1. Major Review. A Site Development Plan shall require a Major Review and a public hearing when it does not qualify for a Minor Review under Subsection (F) of this Section. In addition, a Major Review is required if: a. The Planning Commission or City Council, through prior action, has determined that the proposed project or improvement shall be processed as a Major Review; or b. The Director determines that the proposed development could significantly impact the land uses on the site or on surrounding properties. 2. Major Review Process a. Application. A pre-application conference pursuant to LVMC 19.16.010(B)(3) is required prior to submitting an application for a Major Development Review. A Site Development Plan requiring a Major Development Review shall be filed with the Department. The application shall be signed and notarized: i. By the owner of the property, where the development is to be undertaken by the owner or the owner's authorized agent; or ii. By a prospective purchaser or the property, where the property is owned by the State of Nevada or the United States of America and the prospective purchaser has: A. Entered into a contract with the governmental entity to obtain ownership of the property; B. Provided to the Department a letter from the governmental entity indicating that it consents to the filing of the application and agrees to be bound by the application; or Page 620 C. Provided to the Department a letter from the governmental entity indicating that it has no objection to the filing of the application. In the case of an application that is supported by a letter of no objection under Subparagraph (a)(ii)(C) of this Paragraph (2), the applicant shall acknowledge in writing by means of a form provided by the Department or in a form acceptable to the City Attorney, that the processing of the application is done as an accommodation only; that the application, the results thereof, and any entitlements related thereto are dependent upon the applicant's obtaining an enforceable contractual interest in the property; and that the applicant assumes the risk of proceeding without any assurance that approval of the application will lead to an ability to implement the approval. b. Drawings and Plans Required. Plans describing the proposed development of the property shall be submitted as required by the Director. Complete working drawings are not necessary; however, proposed structures (including building elevations), streets, driveways and access points, sight visibility restriction zones (as described in LVMC 19.02.190), on-site circulation and parking, walls, landscaping, building materials, dumpster locations and other improvements must be shown. Preliminary drawings must contain sufficient information to permit the determination of compliance with good planning practices, applicable standards and ordinances. Floor plans are not normally required. For any development site where twenty percent or more of the aggregate site has slope of natural grade above four percent, a cross section must be submitted. Each cross section must extend a minimum of one hundred feet beyond the limits of the project at each property line, showing the location and finish floor elevations of adjacent structures; the maximum grade differentials; and the elevations of existing and proposed conditions. c. Circulation to Departments. After an application has been determined complete, it shall be forwarded to interested City Departments for their respective comments, recommendations and requirements. d. Planning Commission Notice and Hearing After interested City Departments have had the opportunity for comment and the Department has conducted its review, each application for Major Review shall be presented to the Planning Commission. Notice of the time, place and purpose of the hearing must be given at least ten days before the hearing by: i. Publishing the notice in a newspaper of general circulation within the City; ii. Mailing a copy of the notice to: A. The Applicant; B. Each owner of real property located within a minimum of one thousand feet of the property described in the application; C. Each tenant of any mobile home park that is located within one thousand feet of the property described in the application; D. The owner of each of the thirty separately-owner parcels nearest to the property described in the application to the extent this notice does not duplicate the notice otherwise required by this Subparagraph (d); E. Any advisory board which has been established for the affected area by the City Council; and F. The president or head of any registered local neighborhood organization whose organization boundaries are located within a minimum of one mile of the property described in the application. e. Planning Commission Decision. In making its final decision, the Planning Commission shall consider the recommendation of the City Departments, the evidence presented at the hearing and the criteria set forth in Subsection (E) of this Section 19.16.100. The Planning Commission may approve, approve with conditions, or deny an application for a Major Review. All actions by the Planning Commission are final unless: i. An appeal is filed by the applicant in accordance with Subparagraph (f) below; ii. Otherwise required by prior action of the City Council; or Page 621 iii. In the case of Planning Commission approval, a member of the City Council files with the City Clerk, within 10 days following the approval, a written request for the Council to review the approval. f. Appeal of Planning Commission Action. If the applicant is aggrieved by the Planning Commission's denial of an application, or by any condition imposed upon an approval, the applicant may appeal the decision to the City Council by written request. In the case of an approval, an appeal may be filed by any property owner within the area of notification for the Planning Commission hearing, as well as by anyone who appeared, either in person, through an authorized representative or in writing, before the Planning Commission regarding the application. Any appeal must be filed in the Office of the City Clerk within ten days after the Planning Commission's action. Pursuant to LVMC 19.16.010(C), the City Council may establish one or more fees to be paid in connection with the filing of an appeal under the Subparagraph (f), and the amount of any fee so established shall be as set forth in the Fee Schedule. g. City Council Notice and Hearing. All Major Reviews requiring review by the City Council shall be forwarded to the Office of the City Clerk and shall be placed on the next available City Council agenda for hearing. The City Clerk shall mail written notice of the Council hearing, at least ten days before the hearing, to the property owners who were notified by mail of the Planning Commission hearing, or to the current owners of record in case of properties whose ownership has changed in the interim. h. City Council Decision. In making its final decision, the City Council shall consider the recommendation of the City Departments and the Planning Commission, the evidence presented at the hearing and the criteria set forth in Subsection (E) of this Section 19.16.100. The City Council may approve, approve with conditions, or deny an application for a Major Review. All actions by the City Council are final. Written notice of the decision shall be provided to the applicant, agent or both. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. H. Amendment to an Approved Site Development Plan After a Site Development Plan has been approved, any request to amend the approved Plan shall be submitted to the Department. Upon receipt of an amendment request, the Director shall determine if the amendment is to be processed under the Minor Review process set forth in Subsection (F) or under the Major Review process set forth in Subsection (G), taking into account the factors and considerations set forth in those subsections. I. Revocation or Modification 1. Notice. The authority responsible for the final approval of a Site Development Plan may hold a hearing to revoke or modify an approved Site Development Plan. In cases where the Director was the approval authority, the Director may issue a written notice of hearing concerning a possible revocation or modification of the Plan, or may refer the item to the Planning Commission. At least ten days prior to any hearing, written notice of the hearing shall be delivered to the owner, developer, or both. Notice may be delivered in person or by certified mail, return receipt requested, to the address shown in the records of the Clark County Assessor. 2. Grounds. A Site Development Plan approval may be revoked or modified by the reviewing authority for cause, including a finding of one or more of the following: a. That the Site Development Plan approval was obtained by misrepresentation or fraud; b. That the development is not in compliance with one or more of the conditions of approval; c. That the development is in violation of any State or local law, ordinance or regulation; or d. That the time limits specified in Paragraph (1) of Subsection (K) have expired. 3. Notice of Decision. Written notice of the decision shall be provided to the owner, developer or agent. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. (Ord. 6297 § 2, 02/05/14) Page 622 J. Expiration A Site Development Plan which is not exercised within the approval period shall be void, unless an extension of time is granted upon a showing of good cause. An extension of time may be granted only if application therefor is made prior to the expiration of the approval period. For purposes of this Subsection (J): 1. The "approval period" for a Site Development Plan is the time period specified in the approval, if one is specified, and is two years otherwise. 2. For purposes of this Subsection (J), a Site Development Plan is deemed exercised as follows: a. Upon the issuance of a building permit for a principal structure on the site; b. In the case of a residential subdivision, upon the recordation of a final subdivision map; c. If its exercise is expressly recognized in the form of, or in connection with, a Condition of Approval associated with a relevant or related application; or d. If its exercise is expressly recognized by an action or communication of the Director. If the building permit referred to in this Section is allowed to expire and no new permit has been issued (or a reinstatement or reissuance of the expired permit) within the "approval period" specified in Paragraph (1) of this Subsection (J), the Site Development Plan expires. K. Concurrent Approvals - Temporary Development At the discretion of the City Council, a Site Development Plan may be approved, concurrent with other development approval, to allow a temporary development to be constructed without expunging or invalidating an active, unexpired Site Development Plan, Special Use Permit or associated approval(s). For purposes of this Subsection, "temporary development" means development that is distinct from the long-term development otherwise approved for the site and is intended as an interim use of the site for a limited period of time. Any such concurrent approval for temporary development is subject to the following requirements and limitations: 1. Approval for a temporary development may be for a period not to exceed three years, except as may be extended by means of one Extension of Time for a period not to exceed three years. A request for Extension of Time shall be by means of an application for Extension of Time pursuant to Section 19.16.260, and shall be subject to review and approval by the City Council. 2. No more than one temporary development may be approved for a particular site at any one time. 3. At the conclusion of the time period specified in Paragraph (1) above, including any approved Extension of Time, the developer must agree to abandon the temporary development in favor of the initial, unexpired Site Development Plan approval. Otherwise, the original entitlements are subject to revocation as provided for under Subsection (I) of this Section, and the temporary development shall become the entitled development for the site. Notwithstanding the preceding sentence, if an approval for temporary development under this Subsection (K) included any deviations from standards, including exceptions, waivers, or variances, the developer will be required to resubmit to the entitlement process for approval of the temporary development as the long-term development for the site. This requirement is in recognition of the possibility that 1) the rationale for seeking and granting such deviations may have been that the development was intended to be temporary only and 2) as a result, such deviations might not have been granted otherwise. (Ord. 6297 § 3, 02/05/14) (Ord. 6486 § 3 to 8, 12/16/15) (Ord. 6664 § 7, 12/19/18) Page 623 19.16.105 Repurposing of Certain Golf Courses or Open Spaces A. General. Except as otherwise provided in this Section, any proposal by or on behalf of a property owner to repurpose a golf course or open space, whether or not currently in use as such, is subject to the Public Engagement Program requirements set forth in Subsections (C) and (D), as well as the requirements pertaining to the Development Review and Approval Process, Development Standards, and the Closure Maintenance Plan set forth in Subsections (E) to (G), inclusive. The requirements of this Section apply to repurposing a golf course or open space located within 1) an existing residential development, 2) a development within an R-PD District, 3) an area encompassed by a Special Area Plan adopted by the City, or 4) an area subject to a Master Development Plan within a PD District. For purposes of this Section, "repurposing" includes changing or converting all or a portion of the use of the golf course or open space to one or more other uses. B. Exceptions. This Section does not apply to: 1. Any project that has been approved as part of the City of Las Vegas Capital Improvement Plan. 2. Any project that is governed by a development agreement that has been approved pursuant to LVMC 19.16.150. 3. The repurposing of any area that has served as open space pertaining to a nonresidential development where that open space functions as an area for vehicle parking, landscaping, or any similar incidental use. 4. The reprogramming of open space recreational amenities that simply changes or adds to the programming or activities available at or within that open space. 5. The repurposing of any area where the currently-required development application or applications to accomplish the repurposing already have been approved by the approval authority, with no further discretionary approval pending. C. Public Engagement Program Requirements. In connection with the scheduling of a preapplication conference pursuant to LVMC 19.16.010(B)(5), the applicant for a repurposing project subject to this Section must provide to the Department in writing a proposed Public Engagement Program meeting the requirements of this Subsection (C). The requirements of Subsections (C) and (D) must be completed before the submission and processing of the land use application(s) to which the pre-application conference applies. A PEP shall include, at a minimum, one in-person neighborhood meeting regarding the repurposing proposal and a summary report documenting public engagement activities. The applicant is encouraged, but not required, to conduct additional public engagement activities beyond those required by the preceding sentence. Additional public engagement activities may include, but are not limited to, the following components: 1. Applicant's Alternatives Statement. This document is designed to inform the Department and stakeholders about the applicant's options and intentions, including the following statements: a. A statement summarizing the alternatives if the golf course or open space is not repurposed and the current use of the property ceases. b. A statement summarizing the rationale for repurposing in lieu of continuing to operate or maintain the golf course or open space, or finding another party to do so. c. A statement summarizing the proposal to repurpose the golf course or open space with a compatible use. d. A statement summarizing how the applicant's proposal will mitigate impacts of the proposed land uses on schools, traffic, parks, emergency services, and utility infrastructure. e. A statement summarizing the pertinent portions of any covenants, conditions and restrictions for the development area and the applicant's intentions regarding compliance therewith. f. If applicable, a statement summarizing any negotiations with the City in regards to a new or amended Development Agreement for the area. Page 624 2. Neighborhood Meeting. The PEP shall include at a minimum the neighborhood meeting that is described in this Subsection (C). Notice of such meeting shall be provided in general accordance with the notice provisions and procedures for a General Plan Amendment in LVMC Title 19.16.030(F)(2), except that no newspaper publication is required and the providing of notice shall be the responsibility of the applicant rather than the City. The applicant shall develop a written plan for compliance with the notice requirements of the preceding sentence, which shall be submitted to the Department for review and approval in advance of implementation. The required neighborhood meeting must be scheduled to begin between the hours of 5:30 pm and 6:30 pm, except that the Department in particular cases may require that a meeting begin earlier in the day to allow greater participation levels. Additional neighborhood meetings are encouraged, but not required. 3. Design Workshops. The applicant may provide conceptual development plans at design workshops and solicit input from stakeholder groups. The applicant is encouraged (without requirement or limitation) to provide separate design workshops for each of the following stakeholder groups, as applicable: a. Owners of properties that are adjacent to the area proposed for repurposing; b. The owners of all other property within the same subdivision (master subdivision, if applicable), Master Development Plan Area or Special Area Plan area; and c. Local neighborhood organizations and business owners located within the same Master Development Plan Area or Special Area Plan area. D. Summary Report. Upon completion of a PEP, the applicant shall provide a report to the Department detailing the PEP's implementation, activities and outcomes. The summary report shall be included with any land use entitlement application related to a repurposing proposal. To document the applicant's public engagement activities, the summary report shall include the following, as applicable: 1. The original Applicant's Alternatives Statement. 2. Any revised Applicant's Alternatives Statement that has been produced as a result of the process. 3. Affidavit of mailings pertaining to the mailing of notice of the Applicant's Alternative Statements to prescribed stakeholders, and of the means by which the Alternatives Statements were made available to stakeholders. 4. Affidavits of mailings for the notices to prescribed stakeholders for all required neighborhood meetings and any design workshops, 5. Scanned copies of any and all sign-in sheets that were used for all required neighborhood meetings and any design workshops. 6. Meeting notes that may have been taken from all required neighborhood meetings and any design workshops. 7. Electronic copy of a spreadsheet with all comments received at meetings and workshops and the applicant's statement of how each of those comments were addressed, if applicable. 8. Affidavit of mailing for, and results of, a public engagement survey sent to all meeting and workshop attendees. 9. Accounting of City staff time devoted to required neighborhood meetings and any design workshops. 10. A copy of all materials distributed or displayed by the applicant at all neighborhood meetings and design workshops. 11. Statements from any facilitator of design workshops summarizing the input and results. 12. A statement acknowledging that additional public comment heard through a land use application's public hearing process will be taken into consideration by the applicant. E. Development Review and Approval Process. 1. Purpose. The City's review of golf course or open space repurposing projects is intended to ensure that: a. The proposed repurposing is compatible and harmonious with adjacent development; b. The proposed repurposing is consistent with the General Plan, this Title and other duly-adopted City plans, policies and standards; Page 625 c. Impacts of the proposed repurposing on schools, traffic, parks, emergency services, utility infrastructure, and environmental quality are mitigated; d. Open space is preserved in furtherance of the goals and objectives of the City's 2020 Master Plan with regard to the preservation of open space; and e. Appropriate measures are taken to secure and protect the public health, safety and general welfare. 2. General Provisions. a. Development of the area within a repurposing project subject to this Section will be governed by a development agreement and specific standards adopted by the City in conjunction with applications filed pursuant to this Title. The approval of a development agreement and these applications (the "Development Approvals") will include design criteria, infrastructure and public facility requirements, allowable land uses and densities, etc. b. Development of the area within a repurposing project shall be in accordance with all applicable City Plans and policies, including the Centennial Hills Sector Plan, the Las Vegas 2020 Master Plan (and subsequent City of Las Vegas Master Plans) and Title 19. c. Any General Plan Land Use designation and/or Special Area Plan Land Use designations that pertain to the area within a repurposing project shall be proposed to be made consistent with that of the proposed density and use of the project by means of a request to do so that is filed concurrently with any other required application. The means of doing so, whether by a General Plan Amendment or Major Modification, shall be determined in accordance with the Land Use & Rural Neighborhood Preservation Element of the Las Vegas 2020 Master Plan, as may be amended from time to time. 3. Additional Application Submittal Requirements. In addition to the requirements for submitting an application for Site Development Plan Review as detailed in LVMC 19.16.100, or any other required application under Title 19, the applicant for a repurposing project subject to this Section must submit the following items in conjunction with any such applications: a. A certificate of survey regarding the repurposing project area, depicting: i. Legal property description lot, block, subdivision name; ii. Name, address, and phone number of property owner and developer; iii. Bearings and lot line lengths; iv. Building locations and dimensions; v. Existing grade contours; vi. Proposed grade contours; vii. North arrow and scale; viii. Street name and adjacent street names; ix. Benchmark and benchmark locations; x. Complete name, address and phone number of engineering firm; xi. Drainage arrows; xii. List of symbols; xiii. Registered Surveyor number and signature; xiv. Wetlands, conservation easements, and flood zone and elevation, if applicable; xv. Location of any wells or septic drain field or septic tanks; and xvi. Other existing easements (public or private) of record. b. A proposed master land use plan for the repurposing project area, depicting: Page 626 i. Areas proposed to be retained as golf course or open space, including acreage, any operation agreements, and easement agreements; ii. Areas proposed to be converted to open space, including acreage, recreational amenities, wildlife habitat, easements, dedications or conveyances; iii. Areas proposed to be converted to residential use, including acreage, density, unit numbers and type; iv. Areas proposed to be converted to commercial use, including acreage, density and type; and v. Proposed easements and grants for public utility purposes and conservation. c. A density or intensity exhibit for the repurposing project area, depicting: i. Developed commercial gross floor areas and residential densities; ii. Undeveloped but entitled commercial gross floor area and residential densities; iii. Proposed residential densities; and iv. Proposed commercial gross floor areas. d. For a repurposing project area of one acre or more in size, an environmental assessment worksheet for the repurposing project area, consisting of: i. Documentation of the project's impacts on wildlife, water, drainage, and ecology; and ii. A copy of a Phase I environmental site assessment report for the repurposing project area. e. For a repurposing project area of one acre or more in size, conceptual master studies that have been conditionally approved by the Department of Public Works prior to submittal of any formal Title 19 application, including: i. A conceptual master drainage study (for any repurposing project of 2 acres or larger in size); ii. A conceptual master traffic study for any repurposing project that will generate 100 or more peak hour trips; and iii. A conceptual master sanitary sewer study. Regarding this study, the applicant must contact the City's Sanitary Sewer Planning Section to submit the initial draft of the study, to address all comments provided by that Section, and thereafter to receive approval of the study. The study shall identify locations where public sewer easements with drivable access will be provided to service the proposed development by gravity means. The study shall also include the total land use(s) proposed, anticipated connection point(s) to existing sewer system, calculations and exhibits to identify diameter and capacity of all on-property and off-property sewer improvements necessary to meet the needs of the development and the City. f. For a repurposing project area of one acre or more in size, a 3D model of the repurposing project with accurate topography to illustrate potential visual impacts, as well as an edge condition cross section with improvements callouts and maintenance responsibility. g. One or more construction and development phasing plans for any repurposing project to be completed in more than one phase. h. A PEP Summary Report as required pursuant to Subsection (D). F. Development Standards. Except as otherwise provided in this Subsection (F), each repurposing project subject to this Section shall conform to the standards as set forth in LVMC Chapters 9.02, 19.06 and 19.08, as well as any applicable development agreements and special area plans. In addition, in connection with the consideration of any development applications filed pursuant to LVMC Chapter 19.16, the Planning Commission and City Council shall take into account (and may impose conditions and requirements related to) the purpose set forth in Paragraph (1) of Subsection (E) of this Section, as well as the standards and considerations set forth in this Subsection (F). 1. When new development within the area of the repurposing project will be adjacent to existing residential development, the new development shall: a. Provide minimum setbacks that meet or exceed those of the existing development. Page 627 b. Ensure that accessory structures are limited to a height of one story and 15 feet. c. Provide screening of the uses and equipment listed in LVMC 19.08.040(E)(4) so that they are screened from view from all existing residential development adjacent to the repurposing project area and from public view from all rights-of-way, pedestrian areas, and parking lots. d. Provide landscape buffering on all lots adjacent to existing residential development. e. Screen all parking lots within the repurposing project area from view of existing residential properties adjacent to that area. 2. Existing channels or washes shall be retained or the developer shall provide additional means for drainage and flood control, as shown in a master drainage study approved by the Department of Public Works. 3. Where repurposing will result in the elimination or reduction in size of a contiguous golf course or open space, the developer shall consider providing for other facilities or amenities or resources that might help offset or mitigate the impact of the elimination or reduction. 4. The additional requirements imposed by this Subsection (F) shall not apply to the repurposing of property that is governed by covenants, conditions and restrictions (CC&R's) which address the repurposing of gold courses or open spaces in any manner whatsoever, whether or not the provisions of those CC&R's are similar to or consistent with this Section. This exemption applies whether or not there is any likelihood that the applicable provisions of the CC&R's will be enforced. G. Closure Maintenance Plan. At any time after the Department becomes aware that a golf course that would be subject to this Section if repurposed has ceased operation or will be ceasing operation, the Department may notify the property owner of the requirement to comply with this Section. Similarly, at any time after the Department becomes aware that an open space that would be subject to this Section if repurposed has been withdrawn from use or will be withdrawn from use, the Department may notify the property owner of the requirement to comply with this Section. Any such notification shall be by means of certified mail and by posting at the subject site. Within 10 days after the mailing and posting of the notice, the property owner shall meet with the Department to discuss the proposed plans for the property and process of complying with this Section. Within 30 days after the mailing and posting of the notice, the property owner shall submit to the Department a closure maintenance plan ("the maintenance plan") for review by the Department. 1. Purpose. The purpose of a maintenance plan is to address and protect the health, safety, and general welfare of occupants of properties surrounding the subject site, as well as to protect the neighborhood against nuisances, blight and deterioration that might result by the discontinuance of golf course operations or the withdrawal from use of an open space. The maintenance plan will accomplish those objectives by establishing minimum requirements for the maintenance of the subject site. Except as otherwise provided in the next succeeding sentence, the maintenance plan must ensure that the subject site is maintained to the same level as existed on the date of discontinuance or withdrawal until a repurposing project and related development applications have been approved pursuant to this Title. For discontinuances or withdrawals occurring before the effective date of this Ordinance, the required maintenance level shall be as established by the Department, taking into account the lapse of time, availability of resources, and other relevant factors. 2. Maintenance Plan Requirements. In addition to detailing how the subject property will be maintained so as to be in compliance with LVMC Chapter 9.04, LVMC 16.02.010, and LVMC 19.06.040(F), the maintenance plan must, at a minimum and with respect to the property: a. Ensure that all exterior areas are kept free from dry vegetation, tumbleweeds, weeds, bushes, tall grass, and trees which present a visual blight upon the area, which may harbor insect or rodent infestations, or which are likely to become a fire hazard or result in a condition which may threaten the health, safety or welfare of adjacent property owners or occupants; b. Provide security and monitoring details; Page 628 c. Establish a service or other contact information by which the public may register comments or complaints regarding maintenance concerns; d. Provide documentation regarding ongoing public access, access to utility easements, and plans to ensure that such access is maintained; e. Detail how all applicable federal, state and local permitting requirements will be met; and f. Provide any additional or supplemental items the Department may determine are necessary in connection with review of the maintenance plan. 3. Maintenance Plan Neighborhood Meeting. The property owner shall conduct a neighborhood meeting regarding the proposed maintenance plan, which shall be a prerequisite to final approval of the maintenance plan. Notice of such a meeting shall be provided in general accordance with the notice provisions and procedures for a General Plan Amendment in LVMC 19.16.030(F)(2), except that no newspaper publication is required and the providing of notice shall be the responsibility of the applicant rather than the City. In addition, notice of the meeting shall be provided to the Department at least 10 calendar days in advance of the meeting. 4. A maintenance plan that has been approved by the City may be recorded against the property at the property owner's expense. 5. Failure to comply with the provisions of this Subsection (G) or with the terms of an approved maintenance plan: a. Shall be grounds for the denial of any development application under this Title that would be required for a repurposing project subject to this Section; b. Is unlawful and may be enforced by means of a misdemeanor prosecution; and c. In addition to and independent of any enforcement authority or remedy described in this Title, may be enforced as in the case of a violation of Title 6 by means of a civil proceeding pursuant to LVMC 6.02.400 to 6.02.460, inclusive. (Ord. 6650 § 3, 11/07/18) 19.16.110 Special Use Permit Page 629 Special Use Permit 19.16.110 Typical Review Process A. Purpose The purpose of the Section is to establish a Special Use Permit process to ensure that a proposed use is conducted in a manner that is harmonious and compatible with uses located on the same or surrounding properties. The process recognizes that, within a given zoning district, certain uses may be appropriate and compatible in some locations but not in others. The Special Use Permit process allows a site-specific inquiry into the compatibility of a proposed use at a particular location, taking into account: the characteristics of the site and the surroundings; the relevant zoning and planning principles; and the input of the Planning Commission, City Council and other interested parties. B. Authority Except as otherwise provided in this Subsection (B), the Planning Commission shall have the authority to approve, approve with conditions, or deny an application for a Special Use Permit, and the decision of the Planning Commission is final. If the decision of the Planning Commission is appealed or forwarded to the City Council in accordance with this Section, the City Council may affirm, modify or reverse the decision of the Planning Commission. The decision of the City Council is final for purposes of judicial review. C. Application A pre-application conference shall be required prior to the submittal of any application for a Special Use Permit. An application for a Special Use Permit shall be made on a form to be provided by the Department. The application shall be filed with the Secretary of the Planning Commission at the office of the Department. The application shall be signed, notarized and acknowledged by the record owner of the property for which the Special Use Permit is sought, provided however, that: 1. Other Governmental Ownership. With respect to property which is owned by the State of Nevada or the United States of America, a Special Use Permit application is sufficient if it is signed and acknowledged by a prospective purchaser of that property who has entered into a contract with the governmental entity to obtain ownership of the property; 2. Non-Owner Applicant. A Special Use Permit application is sufficient if it is signed and acknowledged by a lessee, a contract purchaser or an optionee of the property for which a Special Use Permit is sought. However, interest in that property must exist in a written agreement with the owner of record attached to which is a copy of the Special Use Permit application and, in which, the owner of record has authorized the lessee, contract purchaser or optionee to sign the application. The agreement must further stipulate that the owner of record consents to the filing and processing of the application and agrees to honor and be bound by the requested Special Use Permit if it is approved and by any conditions of approval attached thereto. 3. SUP for Gaming. Applications for a Special Use Permit to allow gaming pursuant to the requirements of LVMC 6.40.140 (C) and LVMC 6.40.150 (E) may be signed and acknowledged by a lessee of the premises; provided however, that a lessee/applicant must provide copies of lease agreements to show that there are no prohibitions Page 630 therein to conducting gaming operations on the leased premises. The application need only be accompanied by the applicable lease documents, the floor plan location of the slot machines and the requisite fee. D. Successive Applications 1. Previous SUP Application. An application for a Special Use Permit, of which all or any part of a previous application for the same use, a similar use or a less restrictive use has been denied, or of which a previous application has been withdrawn subsequent to the noticing of a public hearing thereon, shall not be accepted until the following periods will have elapsed between the date of the denial or withdrawal and the date of the meeting for which the proposed application would be scheduled in the normal course: a. After the first denial or any withdrawal after public notice has been given - one year. b. After the second or subsequent denial or withdrawal after public notice has been given - two years. 2. Previous Similar Application. An application for a Special Use Permit concerning all or any part of a previous application for a Variance or Rezoning for the same use, a similar use or a less restrictive use which has been denied, or concerning a previous application which has been withdrawn subsequent to the noticing of a public hearing, shall not be accepted until the periods described in Paragraph (1) have elapsed. 3. Withdrawal Without Prejudice. The time periods that are described in Paragraphs (1) and (2) above, and that otherwise would become effective because of the withdrawal of an application, shall not become effective if, after consideration of the timing and circumstances of the withdrawal, the Planning Commission or the City Council specifically approves the withdrawal without prejudice. E. Required Drawings Plans and Other Submittals 1. General. A Site Development Plan and a floor plan of the site which is the subject of the Special Use Permit application shall be submitted concurrently with any application for a Special Use Permit. Guidelines for the preparation of the site plan, floor plans and building elevations are available in the Department. Complete working drawings are not necessary; however, proposed improvements, streets, landscape areas and similar items must be shown. Preliminary drawings must contain sufficient information to permit the determination of compliance with good planning practices, applicable standards and ordinances. 2. Non-stealth Design Wireless Communication Facility. In addition to the information required by Paragraph (1) of this Subsection, the applicant for a Special Use Permit for a non-stealth design wireless communication facility shall provide the Department with the following: a. An inventory of all of the communication providers (or antenna tower owners if the providers are not yet known) for existing antenna towers that are within the City and within 1500 feet of the border thereof, including specific information about the location, height and design of each such tower. This information is required with the first Special Use Permit application, but may be waived (in conjunction with subsequent applications) at the discretion of the Director if the applicant provides a written statement indicating that no new antenna towers have been constructed since the initial application. b. A map of all existing communication towers, buildings, utility poles or other structures over 60 feet in height within 1000 feet of the proposed tower; and c. A photo simulation which identifies the potential visual impacts of the antenna tower, especially from public areas and residences. This requirement may be waived if the Director determines that the visual impacts would be minimal. d. Assurance that the antenna planned for the proposed antenna tower cannot be accommodated as a stealth design wireless communication facility, or on an existing or approved tower, building or other structure within 1000 feet of the proposed location based on the communications grid established or to be established by the communication provider(s). Reasons which may support a finding that a proposed antenna cannot be accommodated as a stealth design wireless communication facility, or on an existing or approved tower, building or other structure include: Page 631 i. That the Director has determined that co-location on an existing or approved tower, building or other structure would be unsightly; ii. That the owner of the existing tower, building or structure is unwilling to agree to co-location or to provide adequate space on the property for the equipment necessary to support communication antennas; iii. That the structural capacity for the antenna on the existing tower, building or other structure would be inadequate; iv. That the new antenna would interfere with existing or other planned equipment on the existing or approved tower, building or other structure; v. That the existing or approved towers, buildings or other structures in the area are not high enough support the antenna; and vi. That it is commercially impracticable or technically unfeasible to locate on the existing tower, building or other structure for other reasons. To substantiate these reasons, the applicant shall submit satisfactory written evidence such as correspondence, agreements, contracts, etc., that alternative towers, buildings or other structures are not available for use in the area where the antenna is to be located. e. In the case of the proposed tower greater than 60 feet in height, a description of the applicant's efforts to design for and accommodate facilities for other communication providers. 3. Amphitheater. In addition to the information required by Paragraph (1) of this Subsection, the applicant for a Special Use Permit for an amphitheater shall provide the Department with the following: a. A sound study that addresses how noise levels will be attenuated so as not to exceed the ambient noise levels adjacent to and beyond the subject site. b. An engineering and traffic study that addresses, as applicable, each of the following elements as they pertain to traffic movement and to stopping, standing and parking restrictions: i. Accident analysis. ii. Capacity analysis. iii. Geometric review, including roadway width. iv. Parking measurements, including parking angle and parking maneuvering area. v. Pedestrian volume within parking and maneuvering area. vi. Sight distance, including corner sight distance. vii. Speed data, including speed limit. viii. Traffic volumes, including peak-hour volume. F. Request for Abeyance Any applicant who wishes to have an application held in abeyance following the notice and posting of the agenda of the Planning Commission or the City Council shall state good cause for the request. Good cause shall be more than mere inconvenience to the applicant or lack of preparation. G. Planning Commission Public Hearing and Action 1. Hearing. The Planning Commission shall hold a public hearing on each application for a Special Use Permit within 65 days after the application is properly filed. 2. Notice a. Notice Provided. Notice of the time, place and purpose of the hearing must be given at least 10 days before the hearing by: i. Publishing the notice in a newspaper of general circulation within the City; ii. Mailing a copy of the notice to: Page 632 A) The applicant; B) Each owner of real property located within a minimum of one thousand feet of the property described in the application, or in the case of an application to authorize the sale of alcoholic beverages, a minimum of one thousand five hundred (1500) feet; C) Each tenant of any mobile home park that is located within one thousand feet of the property described in the application, or in the case of an application to authorize the sale of alcoholic beverages, a minimum of one thousand five hundred (1500) feet; D) The owner of each of the thirty separately-owned parcels nearest to the property described in the application to the extent this notice does not duplicate the notice otherwise required by this Paragraph (2); E) Any advisory board which has been established for the affected area by the City Council; and F) The president or head of any registered local neighborhood organization whose organization boundaries are located within a minimum of one mile of the property described in the application. b. Names Provided. The Department shall provide at the request of the applicant, the name and address of any person notified pursuant to Subparagraph (a)(ii)(F) above. c. Additional Notice. The Department may give additional notice of the hearing by expanding the area of notification or using other means of notification or both. The Department shall endeavor to provide any additional notice at least ten days before the date of the hearing. d. Signs. Notification signs shall be posted in conformance with LVMC 19.16.010 (D) and NRS Chapter 278. 3. Hearing. The Planning Commission shall conduct a public hearing on the application. In its discretion and for good cause, the Planning Commission may hold the application in abeyance for further study. However, subject to the provisions of State law, the Commission may not grant to an applicant more than two continuances on the same matter, unless the Commission determines, upon good cause shown, that the granting of additional continuances is warranted. Following the hearing or hearings, the Planning Commission shall approve, approve with conditions, or deny the application for a Special Use Permit. The decision shall be based upon the recommendation of City departments and other evidence that makes the grant or denial of the Special Use Permit appropriate under Subsection (L) of this Section. 4. Conditions of Approval. In connection with the approval of a Special Use Permit, the Planning Commission may impose any conditions, restrictions or limitations as the Commission may determine to be necessary to meet to the general purpose and intent of this Title and to ensure that the public health, safety and welfare are being maintained. 5. Notice of Planning Commission Decision. The Planning Commission shall provide written notice of its decision, which shall include the reasons for the decision,, and if the decision is to approve the Special Use Permit, any modifications, conditions or limitations that the Planning Commission may impose. The notice shall be provided to the owner, developer or agent. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. H. Precedents The fact that a Special Use Permit for the same or similar use has been granted previously for the subject property or nearby property is a factor to be considered, but is not determinative. I. Burden of Proof The applicant bears the burden of proof to establish that the approval of a Special Use Permit is warranted. J. Appeals and City Council Review 1. Appeal and Requests for Review. Except as otherwise provided in Paragraph (2) below, a decision by the Planning Commission becomes final and effective at the expiration of ten days after the date of the decision unless, within that period, a written appeal or written request to review is filed in the office of the City Clerk. An Page 633 appeal may be filed by the applicant and, with respect to an approval, by any property owner within the area of notification for the Planning Commission hearing, as well as by anyone who appeared, either in person, through an authorized representative or in writing, before the Planning Commission regarding the application. Pursuant to LVMC 19.16.010(C), the City Council may establish one or more fees to be paid in connection with the filing of an appeal under this Paragraph (1), and the amount of any fee so established shall be as set forth in the Fee Schedule. A request to review may be filed by a member of the City Council. 2. Applications Automatically Forwarded to City Council. Special Use Permit applications of the following types, whether approved or denied by the Planning Commission, shall be forwarded automatically to the City Council for final decision: a. A Special Use Permit application that is required to be heard by the City Council by virtue of prior Council action; b. A Special Use Permit application that is related to and was filed in connection with an application for any of the following: i. A General Plan Amendment; ii. A Rezoning; or iii. A Site Development Plan Review that, pursuant to LVMC 19.16.100(G) requires final action by the City Council. K. City Council Public Hearing 1. Notice and Hearing. The City Council shall conduct a public hearing on all Special Use Permit applications which are appealed or are forwarded to the Council for final action. The City Clerk is authorized to consolidate all appeals or requests for review that have been filed regarding a particular application, or to schedule them in sequence or otherwise, in which case the City Council may hear the items separately or consolidate them for purposes of hearing, as the Council deems appropriate. The City Clerk shall mail written notice of the Council hearing, at least ten days before the hearing, to the property owners who were notified by mail of the Planning Commission hearing, or to the current owners of record in case of properties whose ownership has changed in the interim. 2. City Council Decision. In considering whether to affirm, modify or reverse the decision of the Planning Commission, the City Council shall consider the decision of the Planning Commission and the evidence presented at the public hearing, and shall be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020. Action by the City Council is final for purposes of judicial review. In the case of an appeal, the City Council: a. May not grant to an aggrieved person more than two continuances on the same matter, unless the Council determines, upon good cause shown, that the granting of additional continuances is warranted; and b. Must render its decision within forty-five days, unless otherwise agreed to by the person filing the appeal. 3. Notice of City Council Decision. The City Council shall provide written notice of its decision, which shall include the reasons for the decision and if the decision is to approve the Special Use Permit, any modifications, conditions or limitations that the City Council may impose. The notice shall be provided to the owner, developer or agent. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. L. Special Use Permit - Determinations 1. In order to approve a proposed Special Use Permit application, the Planning Commission or City Council must determine that: a. The proposed use can be conducted in a manner that is harmonious and compatible with existing surrounding land uses, and with future surrounding land uses as projected by the General Plan; b. The subject site is physically suitable for the type and intensity of land use being proposed; Page 634 c. Street or highway facilities providing access to the property are or will be adequate in size to meet the requirements of the proposed use; and d. Approval of the Special Use Permit at the site in question will not be inconsistent with or compromise the public health, safety and welfare or the overall objectives of the General Plan. 2. In order to approve a Special Use Permit application for a non-stealth design wireless communication facility, the Planning Commission or City Council must determine, based upon satisfactory evidence, that: a. Within an area designated as a Historic Preservation District, the proposed facility has first been reviewed by the Historic Preservation Commission. b. The antenna planned for the proposed facility cannot be accommodated as part of a stealth design communication facility, or on an existing or approved tower, building or other structure, within 1000 feet of the proposed location based on the communications grid established or to be established by the communication provider. Reasons which may support such a determination include: i. That the co-location on an existing or approved tower, building or other structure would be unsightly; ii. That the owner of the existing tower, building or structure is unwilling to agree to co-location or to provide adequate space on the property for the equipment necessary to support communication antennas; iii. That the structural capacity for the antenna on the existing tower, building or other structure would be inadequate; iv. That the new antenna would interfere with existing or other planned equipment on the existing or approved tower, building or other structure; v. That the existing or approved towers, buildings or other structures in the area are not high enough to support the antenna; and vi. That it is commercially impracticable or technically unfeasible to locate on the existing tower, building or other structure for other reasons. c. In the case of a proposed tower greater than 60 feet in height, the applicant has made satisfactory efforts to design for an accommodate facilities for other communication providers. M. Amendments to an Approved Special Use Permit Any request to amend or modify an approved Special Use Permit shall be submitted to the Department. Upon receipt of such a request, the Director shall determine if the request constitutes a minor amendment or a major amendment. Minor amendments may be approved administratively. A major amendment requires approval by the Planning Commission or City Council, whichever body took final action to approve the Special Use Permit. Minor and major amendments are categorized as follows: 1. Minor Amendments. An amendment qualifies as a minor amendment if it meets either of the following criteria and does not require the waiver of any minimum Special Use Permit requirement or the increase or expansion of such a waiver that was allowed previously: a. A reduction or expansion of the use allowed by the Special Use Permit that represents less than fifty percent of the square footage of the original approval. b. A relocation of the use on the same legal parcel as the original approval where any reduction or expansion of the use qualifies under Subparagraph (a) above. 2. Major Amendment. A major amendment includes any change which does not qualify as a minor amendment. N. Premature Use of Property Page 635 The issuance of a building permit or business license for a use that requires a Special Use Permit, before Special Use Permit is approved, does not replace or otherwise affect the Special Use Permit requirement. O. Revocation 1. Notice. A Special Use Permit may be revoked or modified by the Planning Commission or the City Council, whichever body took final action to approve the Special Use Permit. Such action must be preceded by a hearing, written notice of which must be delivered to the owner, developer, or both at least ten days before the hearing. Notice may be delivered in person or by certified mail, return receipt requested, mailed to the address shown in the records of the Clark County Assessor. 2. Findings. A Special Use Permit may be revoked or modified for cause, including a finding of one or more of the following: a. That the Special Use Permit was obtained by misrepresentation or fraud; b. That conditions have changed and the use or development is no longer compatible with surrounding land uses or the General Plan; c. That the use or development is not in compliance with one or more of the conditions of approval; d. That the use permitted by the Special Use Permit is in violation of any statute, ordinance, law or regulation. 3. Notice of Decision. Written notice of a decision regarding the revocation or modification of a Special Use Permit shall be provided to the owner, developer or agent. 4. Appeal. In the case of a decision by the Planning Commission to revoke or modify a Special Use Permit that was approved as final action by the Commission, the appeal provisions of Subsection (J) and (K) of this Section shall apply. P. Termination 1. Expiration for Failure to Exercise a. A Special Use Permit which cannot be exercised except upon new construction that requires a building permit, and which is not exercised within the approval period, shall be void, unless the applicant obtains an extension of time upon a showing of good cause. Application for an extension shall be made to the Planning Commission or City Council, whichever body took final action to approve the Special Use Permit. An extension of time may be granted only if application therefor is made prior to the expiration of the approval period. For purposes of this Subparagraph (a): i. The "approval period" for a Special Use Permit is the time period specified in the approval, if one is specified, and is two years otherwise. ii. A Special Use Permit is exercised upon the issuance of a building permit for the new construction. b. A Special Use Permit which does not require a building permit for new construction in order to be exercised, and which is not exercised within the approval period shall be void, unless the applicant obtains an extension of time upon a showing of good cause. Application for an extension shall be made to the Planning Commission or City Council, whichever body took final action to approve the Special Use Permit. An extension of time may be granted only if application therefor is made prior to the expiration of the approval period. For purposes of this Subparagraph (b): i. The "approval period" for a Special Use Permit is the time period specified in the approval, if one is specified, and is two years, otherwise. ii. A Special Use Permit is exercised upon the approval of a temporary or permanent business license to conduct the activity, if one is required pursuant to LVMC Title 6. Where no business license is required, a Special Use Permit is deemed exercised if its exercise is expressly recognized: A) In the form of, or in connection with, a Condition of Approval associated with a relevant or related application; or B) By an action or communication of the Director. Page 636 2. Voiding of Special Use Permit. A Special Use Permit shall be void without further action if: a. The Special Use Permit was issued for alcoholic beverage use and such use ceases for one hundred and eighty days or more, or twenty-four months or more if the building in which the use was being conducted has been damaged or partially destroyed by fire, flood, wind, another calamity or an act of God; b. The Special Use Permit was issued for a use other than alcoholic beverage use and such use ceases for twelve months or more, or twenty-four months or more if the building in which the use was being conducted has been damaged or partially destroyed by fire, flood, wind, another calamity or an act of God. c. A building permit that is required for the exercise of the Special Use Permit is allowed to expire and no new permit has been issued (or a reinstatement or reissuance of the expired permit) within the "approval period" specified in Subparagraph (1)(a)(i) of this Subsection (P); or d. A required temporary or permanent business license that has been obtained for the location is not maintained in active status. (Ord. 6664 § 8, 12/19/18) Page 637 19.16.120 Administrative Deviation Administrative Deviation 19.16.120 Typical Review Process A. Purpose The purpose this Section is to establish a procedure (entitled an Administrative Deviation) to allow for minor adjustments of specific requirements of this Title where, because of special and unique conditions applicable to a specific lot or structure, the literal enforcement of the requirements as applied to the lot or structure would result in an unnecessary hardship. The Administrative Deviation procedure is available as an alternative to the Variance procedure, to be pursued at the option of the applicant. If an application for Administrative Deviation is denied, the Variance procedure must be followed in order for the applicant to obtain the relief sought. B. Authority The Director shall have the authority to grant an Administrative Deviation, in accordance with the provisions of this Subchapter, to allow a deviation of up to: 1. Three percent regarding the Connectivity Ratio requirement and 2. Ten percent regarding the following: a. Front, rear and side yard building setbacks; b. Wall heights; c. Accessory structure setbacks and heights; d. Planting areas and materials; and e. Loading and stacking spaces. C. Eligibility to Apply 1. No application for an Administrative Deviation regarding a building setback may be submitted unless: a. In the case of a required side or rear setback of ten feet or less, the requested deviation will not exceed ten percent of the required setback, and construction within the reduced setback will not extend more than 15 feet parallel to the property line from which the setback is measured; b. In the case of required side or rear yard setback of greater than ten feet or a required front yard setback of greater than ten feet (exclusive of front-loading garages), the requested deviation will not exceed ten percent of the required setback, and construction within the reduced setback will not extend more than 15 feet parallel to the property line from which the setback is measured; and c. The requested deviation is for a structure that will not exceed the greater of one story or 15 feet in height. 2. No application for an Administrative Deviation may be submitted regarding the height of an accessory structure unless the requested height does not exceed 1.2 times the height of the main dwelling and does not exceed the allowable building height for the zoning district in which the property is located. D. Application 1. An application for an Administrative Deviation shall be made to the Director on a form provided by the Department. The application shall be filed with the office of the Department. 2. The application shall be signed, notarized and acknowledged by the record owner of the property for which the Administrative Deviation is sought. Page 638 E. Decision Within 30 days after a complete application for Administrative Deviation has been filed and accepted, the Director shall make a decision to approve, approve with conditions or deny the application. F. Administrative Deviation Determinations In order to approve an Administrative Deviation, the Director must determine that: 1. The request does not exceed the prescribed limitations of Subsection (C); 2. Granting the Administrative Deviation will not be inconsistent with the spirit and intent of the General Plan; 3. The request is not intended to be combined with a previous or future Variance request in order to achieve a deviation that would not likely be granted by means of Variance alone; and 4. That one or more of the following conditions exist: a. There are special circumstances applicable to the property, such as size, shape, topography, location or surroundings and that the strict application of the Code requirement deprives the property of privileges enjoyed by other property in the vicinity and under the identical land use district classification; b. Granting the Administrative Deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and land use district and is denied to the property for which the Administrative Deviation is sought; c. The Administrative Deviation will not be materially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and land use district in which the property is located; or d. Granting the Administrative Deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the property is located. G. Conditions In connection with the approval of an Administrative Deviation, the Director may impose any conditions, restrictions or limitations as the Director determines to be necessary to meet the general purpose and intent of this Title and to ensure that the public health, safety and general welfare are being maintained. H. Notice of Decision The Director shall provide written notice of his or her decision, which shall include the reasons for the decision and, if the decision is to approve the Administrative Deviation, any modifications, conditions or limitations that the Director may impose. The notice shall be provided to the owner or the owner's agent. I. Precedents The fact that an Administrative Deviation for the same or similar use has been granted previously for the subject property or nearby property is a factor to be considered, but is not determinative. J. Burden of Proof The applicant bears the burden of proof to establish that the approval of an Administrative Deviation is warranted. K. Premature Use of Property The issuance of a building permit or business license for a development or structure that cannot be permitted without an Administrative Deviation, before an Administrative Deviation is approved, does not replace or otherwise affect the Administrative Deviation requirement. L. Revocation 1. Notice. The Director may hold a hearing to revoke or modify an Administrative Deviation. At least 10 days prior to any hearing, written notice of the hearing shall be delivered to the owner or developer, or both. Notice may Page 639 be delivered in person or certified mail, return receipt requested, mailed to the address shown in the records of the Clark County Assessor. 2. Grounds. An Administrative Deviation may be revoked or modified for cause, including a finding of one or more of the following: a. That the Administrative Deviation was obtained by misrepresentation or fraud; b. That the development or structure is not in compliance with one or more of the conditions of approval; c. That the development or structure permitted by the Administrative Deviation is in violation of any statute, ordinance, law or regulation. 3. Notice of Decision. Written notice of the decision shall be provided to the owner, developer or agent. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. Page 640 19.16.130 Waiver Waiver 19.16.130 Typical Review Process A. Purpose The purpose this Section is to establish a procedure to allow for modifications of specific requirements of this Title where, the applicant can show through convincing and substantial evidence that the modification will not compromise the objective of the City in safeguarding the interests of the citizens of the City, the proposal will substantially meet the intent of the standard, and the granting of the modification will not detrimentally affect the public health, safety or general welfare. The Waiver procedure may be granted in connection with the approval of a Site Development Plan Review, Special Use Permit or Tentative Map, or as a stand-alone item. B. Authority Except as otherwise provided in this Subsection (B), the Planning Commission shall have the authority to approve, approve with conditions, or deny an application for a Waiver, and the decision of the Planning Commission is final. If the decision of the Planning Commission is appealed or forwarded to the City Council, the City Council may affirm, modify or reverse the decision of the Planning Commission. The decision of the City Council is final for purposes of judicial review. C. Application The applicant for a Waiver shall schedule and hold a pre- application conference with the Department prior to the submittal of an application. An application for a Waiver shall be filed with the Department in connection with a Site Development Plan Review, Special Use Permit, or Tentative Map, or as a stand-alone item on a form to be provided by the Department. If submitted in connection with a Site Development Plan Review, Special Use Permit, or Tentative Map, the Waiver should be requested by submitting a letter to the Director indicating the nature of the Waiver sought and stating why it should be granted. If submitted as a stand-alone item, the application shall be signed and acknowledged by the owner of record of the property for which the Waiver is sought, and shall be notarized as to the owner's signature. Waivers submitted in connection with a Site Development Review Plan, Special Use Permit or Tentative Map shall follow the application requirements of LVMC 19.16.100, 19.16.110 or 19.16.050, respectively. D. Decision The Planning Commission or City Council, as the case may be, may approve, approve with conditions or deny an application for Waiver. The decision is final, subject to the right of appeal available under State law. Page 641 E. Waiver Determinations In order to approve an Waiver, the following shall be determined: 1. The request does not exceed the prescribed limitations of the applicable provisions of this Title that specifically allow for a Waiver; 2. Granting the Waiver will not be inconsistent with the spirit and intent of the General Plan; 3. That one or more of the following conditions exist: a. There are special circumstances applicable to the property, such as size, shape, topography, location or surroundings and that the strict application of the Code requirement deprives the property of privileges enjoyed by other property in the vicinity and under the identical land use district classification; b. Granting the Waiver is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and land use district and is denied to the property for which the Waiver is sought; c. The Waiver will not be materially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and land use district in which the property is located; or d. Granting the Waiver does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which the property is located. F. Notice of Decision Written notice of the decision by the Planning Commission or City Council, as the case may be, including the reasons therefor, shall be provided to the applicant or agent. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. G. Precedents The fact that a Waiver for the same or similar use has been granted previously for the subject property or nearby property is a factor to be considered, but is not determinative. H. Burden of Proof The applicant bears the burden of proof to establish that the approval of a Waiver is warranted. I. Premature Use of Property The issuance of a building permit or business license for a development or structure that cannot be permitted without a Waiver, before a Waiver is approved, does not replace or otherwise affect the Waiver requirement. (Ord. 6630 § 29-30, 08/15/18) Page 642 19.16.140 Variance Variance 19.16.140 Typical Review Process A. Purpose The purpose this Section is to establish a procedure to allow for an adjustment of certain specific requirements of this Title, as permitted by State law. B. Scope and Limitations Pursuant to NRS Chapter 278 and this Section, the Planning Commission and the City Council have the authority to act upon Variance applications as set forth in this Section and as they deem appropriate. Variance applications shall initially be heard by the Planning Commission. Where a Variance application is proposed in connection with another application to be heard by the Planning Commission, including an application for Special Use Permit, an application for Rezoning, or an application for Site Development Plan Review, the Variance application shall be considered by the Planning Commission, as a separate application, in conjunction with the associated application. A Variance: 1. Is not available to permit a use in a zoning district in which the use is not allowed, or to vary any minimum spacing requirement between uses: and 2. Shall not be granted in order to relieve a hardship which is solely personal, self-created or financial in nature. C. Application An application for a Variance shall be made on a form provided by the Department. This application shall be filed at the office of the Department. The application shall be signed, notarized and acknowledged by the owner of record of the property for which the Variance is sought; provided however, that: 1. Other Governmental Ownership. With respect to property which is owned by the State of Nevada or the United States of America, a Variance application is sufficient if it is signed and acknowledged by a prospective purchaser of that property who has entered into a contract with the governmental entity to obtain ownership of the property; 2. Non-Owner Applicant. A Variance application is sufficient if it is signed and acknowledged by a lessee, a contract purchaser or an optionee of the property for which a Variance is sought. However, interest in that property must exist in a written agreement with the owner of record attached to which is a copy of the Variance application and in which the owner of record has authorized the lessee, contract purchaser or optionee to sign the application. The agreement must further stipulate that the owner of record consents to the filing and processing of the application and agrees to honor and be bound by the requested Variance if it is approved and by any conditions of approval attached thereto. D. Successive Applications Page 643 1. Previous Variance Application. An application for a Variance on property concerning all or any part of a previous application for the same use, a similar use or a less restrictive use which has been denied, or concerning a previous application which has been withdrawn subsequent to the noticing of a public hearing, shall not be accepted until the following periods will have elapsed between the date of the denial or withdrawal and the date of the meeting for which the proposed application would be scheduled in the normal course: a. After the first denial or any withdrawal after public notice has been given - one year. b. After the second or subsequent denial or withdrawal after public notice has been given - two years. 2. Previous Similar Application. An application for a Variance concerning all or any part of a previous application for a Special Use Permit or Rezoning for the same use, a similar use or a less restrictive use which has been denied, or concerning a previous application which has been withdrawn subsequent to the noticing of a public hearing, shall not be accepted until the periods described in this Paragraph (1) have elapsed. 3. Withdrawn Without Prejudice. The time periods that are described in Paragraphs (1) and (2) above, and that otherwise would become effective because of the withdrawal of an application, shall not become effective if, after consideration of the timing and circumstances of the withdrawal, the Planning Commission or the City Council specifically approves the withdrawal without prejudice. E. Request for Abeyance An applicant who wishes to have an application held in abeyance following the notice and posting of a hearing before the Planning Commission or the City Council shall state good cause for the request. Good cause shall be more than mere inconvenience to the applicant or lack of preparation. The Planning Commission may not grant to an applicant, and the City Council may not grant to an aggrieved person, more than two continuances on the same matter, unless the Commission or Council determines, upon good cause shown, that the granting of additional continuances is warranted. F. Drawings and Plans Required Plans describing the proposed development of the property shall be submitted with the application. Guidelines for the preparation of the site development plan, floor plans and building elevations are available in the Department. Complete working drawings are not necessary; however, improvements, streets, landscape areas and similar items must be shown. Preliminary drawings must contain sufficient information to permit the determination of compliance with good planning practices, applicable standards and ordinances. G. Public Hearing and Action 1. Hearing. The Planning Commission shall hold a public hearing upon each application for a Variance within 65 days after the application is properly filed. 2. Notice a. Notice Provided. Notice of the time, place and purpose of the hearing must be given at least 10 days before the hearing by: i. Publishing the notice in a newspaper of general circulation within the City; and ii. Mailing a copy of the notice to: A) The applicant; B) Each owner of real property located within a minimum of one thousand feet of the property described in the application; C) Each tenant of any mobile home park that is located within one thousand feet of the property described in the application; D) The owner of each of the 30 separately-owned parcels nearest to the property described in the application to the extent this notice does not duplicate the notice otherwise required by this Paragraph (2); Page 644 E) Any advisory board which has been established for the affected area by the City Council; and F) The president or head of any registered local neighborhood organization whose organization boundaries are located within a minimum of one mile of the property described in the application. b. Names Provided. The Department shall provide, at the request of the applicant, the name, address and phone number of any person notified pursuant to Subparagraph (a)(ii)(F) above. c. Additional Notice. The Department may give additional notice of the hearing by expanding the area of notification or using other means of notification or both. The Department shall endeavor to provide any additional notice at least 10 days before the date of the hearing. 3. Hearing. The Planning Commission shall conduct a public hearing on the application. In its discretion and for good cause, the Planning Commission may hold the application in abeyance for further study. However, subject to the provisions of State law, the Commission may not grant to an applicant more than two continuances on the same matter, unless the Commission determines, upon good cause shown, that the granting of additional continuances is warranted. Following the hearing or hearings, the Planning Commission shall make a decision to approve, approve with conditions, or deny the Variance application. The decision shall be based upon evidence that makes the grant or denial of the Variance appropriate. The decision shall either be a final decision or a recommendation, as determined in accordance with Subsection (J). 4. Conditions of Approval or Recommendation. In approving or recommending the approval of a Variance, the Planning Commission may impose any conditions, restrictions or limitations as deemed necessary to meet the general purpose and intent of this Title and to ensure that the public health, safety and general welfare are being maintained. 5. Notice of Decision. The Planning Commission shall provide written notice of each decision on a Variance application, which shall include the reasons for the decision and, if the decision is to recommend approval of the Variance, any modifications, conditions or limitations that the Planning Commission may impose or recommend to be imposed in connection with the approval. The notice shall be provided to the owner, developer or agent. H. Precedents The fact that a Variance for the same or similar use has been granted previously for the subject property or nearby property is a factor to be considered, but is not determinative. I. Burden of Proof The applicant bears the burden of proof to establish that the approval of a Variance is warranted. J. Appeals 1. Denials Generally. Except as otherwise provided in Paragraph (3), a decision by the Planning Commission to deny a Variance application becomes final and effective at the expiration of 10 days after the date of the decision unless, within that period, the applicant appeals the decision by written request filed with the City Clerk. Pursuant to LVMC 19.16.010(C), City Council may establish a fee to be paid in connection with the filing of an appeal, and the amount of any fee so established shall be set forth in the fee schedule. 2. Approvals Generally. Except as otherwise provided in Paragraph (3), a decision by the Planning Commission to approve a Variance application becomes final and effective at the expiration of 10 days after the date of the decision unless, within that period, a member of the City Council requests that the item be reviewed by the Council, or an aggrieved person appeals the decision by written request filed with the City Clerk. For purposes of this Paragraph (2), an "aggrieved person" means any property owner within the area of notification for the Planning Commission hearing, as well as anyone who appeared, either in person, through an authorized representative or in writing, before the Planning Commission regarding the application. Pursuant to LVMC 19.16.010(C), the City Council may establish a fee to be paid in connection with the filing of an appeal, and the amount of any fee so established shall be as set forth in the fee schedule. Page 645 3. Automatic Review by City Council. With respect to any Variance application related to and filed in connection with an application for a General Plan Amendment; an application for rezoning; or an application for a Site Development Plan Review or Special Use Permit that requires final action by the City Council, the decision by the Planning Commission, whether an approval or denial, constitutes a recommendation to the City Council, which shall make the final decision concerning that Variance application. K. City Council Public Hearing and Action 1. Notice and Hearing. The City Council shall conduct a public hearing on any Variance application which is appealed or forwarded to the Council for final action. The City Clerk is authorized to consolidate all appeals or requests for review that have been filed regarding a particular application, or to schedule them in sequence or otherwise, in which case the City Council may hear the items separately or consolidate them for purposes of hearing, as the Council deems appropriate. The City Clerk shall mail written notice of the Council hearing, at least ten days before the hearing, to the property owners who were notified by mail of the Planning Commission hearing, or to the current owners of record in case of properties whose ownership has changed in the interim. 2. Penalty. If a structure which is the subject of a Variance application has been or is being constructed without a building permit and is in violation of any of the provisions of this Title, the City Council, in granting the Variance, may impose a penalty in an amount that does not exceed 10 percent of the value of the structure as determined in accordance with the City's Administrative Code. 3. City Council Decision. The City Council may review the Variance application de novo, and has the authority to reverse, modify, or confirm any action of the Planning Commission. In making a decision regarding a Variance application, the City Council shall consider the decision of the Planning Commission and the evidence presented at the public hearing and shall be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020 Action by the City Council is final for purposes of judicial review. In the case of an appeal, the City Council: a. May not grant to an aggrieved person more than two continuances on the same matter, unless the Council determines, upon good cause shown, that the granting of additional continuances is warranted; and b. Must render its decision within forty-five days, unless otherwise agreed to by the person filing the appeal. 4. Notice of City Council Decision. The City Council shall provide written notice of its decision, which shall include the reasons for the decision and, if the decision is to approve the Variance, any modifications, conditions or limitations that the Council may impose. The notice shall be provided to the owner, developer or agent. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. L. Determinations 1. In order to recommend approval of, or to approve a Variance application, the Planning Commission or City Council must determine that the Variance is warranted both under State law and this subchapter. The minimum State law standards are set forth in Paragraph (2) below. 2. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of the property, a variance from that strict application may be granted so as to relieve the difficulties or hardship, if the relief may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources and without substantially impairing the intent and purpose of any ordinance or resolution. M. Premature Use of Property The issuance of a building permit or business license for a development or structure that requires a Variance, before a Variance is approved, does not replace or otherwise affect the Variance requirement. Page 646 N. Revocation 1. Notice. A Variance may be revoked or modified by the Planning Commission or the City Council, whichever body took final action to approve the Variance. Such action must be preceded by a hearing, written notice of which must be delivered to the owner, developer, or both, at least ten days prior to any hearing. Notice may be delivered in person or by certified mail, return receipt requested, mailed to the address shown in the records of the Clark County Assessor. 2. Grounds. A Variance may be revoked or modified for cause, including a finding of one or more of the following: a. That the Variance was obtained by misrepresentation or fraud; b. That the development or structure is not in compliance with one or more of the conditions of approval; or c. That the development or structure permitted by the Variance is in violation of any statute, ordinance, law or regulation. 3. Notice of Decision. Written notice of a decision regarding the revocation or modification of a Variance shall be provided to the owner, developer or agent. A copy of the notice shall also be filed with the City Clerk and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. 4. Appeal. In the case of a decision by the Planning Commission to revoke or modify a Variance that was approved as final action by the Commission, the appeal provisions of Subsections (J) and (K) of this Section shall apply. O. Termination 1. Expiration for Failure to Exercise a. A Variance which will require the construction of a new building and which is not exercised within the approval period shall be void, unless the applicant obtains an extension of time upon a showing of good cause. Application for an extension shall be made to the Planning Commission or City Council, whichever body took final action to approve the Variance. An extension of time may be granted only if application therefor is made prior to the expiration of the approval period. For purposes of this Subparagraph (a): i. The "approval period" for a Variance is the time period specified in the approval, if one is specified, and two years, otherwise. ii. A Variance is exercised upon the issuance of a building permit for the new construction. b. A Variance which will not require the construction of a new building and which is not exercised within the approval period shall be void, unless the applicant obtains an extension of time upon a showing of good cause. Application for an extension shall be made to the Planning Commission or City Council, whichever body took final action to approve the Variance. An extension of time may be granted only if application therefore is made prior to the expiration of the approval period. For purposes of this Subparagraph (b), a Variance is exercised upon the approval of a business license to conduct the activity, if one is required, or otherwise, upon the issuance of a no-work certificate of occupancy (where no structural work is required) or the approval of a final inspection for tenant improvements. 2. Voiding of Variance. A Variance to allow a use that is not permitted in a particular zone shall be void without further action if : a. The use approved by the Variance ceases for a period of twelve months or more; or b. A building permit that is required for the exercise of the Variance is allowed to expire and no new permit has been issued (or a reinstatement or reissuance of the expired permit) within the "approval period" specified in Subparagraph (1)(a)(i) of this Subsection (O). (Ord. 6664 § 9, 12/19/18) Page 647 19.16.150 Development Agreement Development Agreement 19.16.150 Typical Review Process A. Statutory Authority - Conformance Required Pursuant to the provisions of NRS 278.0201 through 278.0207, the City Council may enter into development agreements to regulate the development of land within the City. The agreements and the procedures applicable thereto shall be governed by and must conform to NRS 278.0201 through NRS 278.0207 and the provisions of this Chapter. B. Planning Commission Review Before the City Council enters into a development agreement pursuant to this Section, the agreement shall be reviewed by the Planning Commission for consistency with the City's General Plan. C. Administration and Enforcement Subject to review and input from other City departments, the Department shall be responsible for applying, administering and enforcing the provisions of this subchapter including the negotiation and enforcement of development agreements. D. Application of Zoning Provisions Except as otherwise provided in NRS 278.0201 through 278.0207 or in a development agreement entered into pursuant to this Section, all the procedures and requirements of this Title shall apply to the development of property that is the subject of a development agreement. Page 648 19.16.160 Temporary Commercial Permit Temporary Commercial Permit 19.16.160 Typical Review Process A. Purpose The purpose of this Section is to provide for a Temporary Commercial Permit to allow certain short-term activities that otherwise would not be allowed and to limit the activities to the circumstances and conditions set forth in this Section. The requirements of this Section apply to the activities specified herein whether or not they are conducted for profit. B. Authority 1. The Director shall have the authority to approve, approve with conditions, or deny a Temporary Commercial Permit. 2. The Director may at any time refer an application for a Temporary Commercial Permit to the Planning Commission for decision. C. Permitted Uses The following temporary uses may be permitted by means of the issuance of a Temporary Commercial Permit. 1. A Temporary Contractor's Construction Yard in conjunction with an approved development project; provided, however, that no Temporary Commercial Permit is required if the use is located on the same site as the approved development and is operated in conformance with all applicable City ordinances and standards. 2. Seasonal Outdoor Sales, but only if such sales are limited to a maximum of thirty days prior to the specified holiday. No Temporary Commercial Permit is required when the sales operation: a. Takes place on the same site as, and is in conjunction with, the operation of an established commercial business with a valid business license for that site; and b. Conforms with all applicable City ordinances and standards. 3. Parking Lot/Sidewalk Sales; provided, however, that such sales: a. Must take place on the same site as, and be in conjunction with, the operation of an established commercial business with a valid business license for that site; b. Must take place on a paved or concrete area that is located on the same lot or within the same commercial subdivision as the structure that houses the business; c. Are limited to a duration of seven days each; and d. Occur no more than four times within a calendar year. Page 649 4. Temporary Outdoor Commercial Events; provided, however, that such events: a. Are limited to a duration of thirty days each; and b. Occur no more than six times within a calendar year. 5. The sales of automobiles, trucks or boats (whether new or used) at a shopping center use of at least 20 aggregate acres in size. At any one shopping center, no more than four sales events may occur within any twelve- month period, and no single sales event may last more than three days. All display and sales must take place on a paved surface. 6. Any other temporary use that is similar to those enumerated in this Subsection (C) and that, in the opinion of the Director, is compatible with the zoning district and surrounding land uses. D. Application and Decision An application for a Temporary Commercial Permit shall be filed with the Director and shall be accompanied by a filing fee as set forth in the fee schedule. The application shall contain sufficient information and detail to enable the Director to determine the appropriateness of issuing a permit under this Section. Within 30 days after receipt of a complete and sufficient application, the Director shall take appropriate action to approve, approve with conditions or deny the application. The Director may approve a Temporary Commercial Permit if the Director determines that: 1. The proposed use is compatible with existing land uses on the same property and on surrounding properties; 2. The subject site is physically suitable for the type and intensity of the use being proposed; 3. There will be adequate public access to the site and adequate provision for on-site parking; 4. The application is not a continuation of consecutive applications or otherwise an attempt to circumvent the limitations contained in this Section. E. Appeal The applicant may appeal a decision of the Director to the Planning Commission by filing a written request with the Department. Any appeal pursuant to this section must be filed within 10 days after the date of the decision that is the subject of the appeal. The decision of the Planning Commission is final, unless appealed to the City Council as in the case of a Variance. F. Conditions of Approval In approving a Temporary Commercial Permit, the Director (or, upon appeal, the Planning Commission) may impose conditions, stipulations or limitations as are deemed necessary to ensure that the activity will be consistent with Subsection (D) of this Section. Such conditions may include, but are not limited to the following: 1. Provision for temporary parking facilities, including vehicle ingress and egress; 2. Measures to prevent or reduce nuisance factors such as glare, excessive illumination noise, vibration, smoke, dust, dirt, odors, gases and heat; 3. Regulation of placement, height, size and location of structures, facilities, landscaping and equipment, including provision for buffering and separation; 4. Provision for sanitary facilities and for waste collection and disposal; 5. Measures to promote safety and security; 6. Regulation of signs and other attention-gaining devices; 7. Regulation of operating hours and duration of the temporary commercial use; 8. Regulation of the hours and duration of set-up and dismantling activities; 9. Compliance with applicable provisions of the Las Vegas Municipal Code; 10. Any other conditions which will ensure the operation of the proposed temporary use is conducted in an orderly, efficient manner and in accordance with the intent and purpose of this Section. Page 650 G. Cleanup of Temporary Site The holder of a Temporary Commercial Permit shall be responsible for leaving the property free of debris, litter or other evidence of the temporary use immediately upon completion or removal of the use. If the holder of the Temporary Commercial Permit is not the record owner of the property, the holder and the property owner(s) are jointly and severally responsible for compliance with this Subsection (G). H. Revocation A Temporary Commercial Permit may be revoked or modified by the Director, upon notice to the permit holder, if the Director finds that: 1. The permit was obtained by misrepresentation or fraud; 2. The activity is not in compliance with the permit or any condition of approval; 3. The use to be allowed by means of the permit is conducted in violation of any applicable statute, ordinance, or regulation; or 4. The permit is being employed as a means to circumvent the limitations contained in this Title. (Ord. 6460 § 2, 09/02/15) Page 651 19.16.170 Temporary Sign Permit Temporary Sign Permit 19.16.170 Typical Review Process A. Procedures Except as otherwise provided in this Subsection (A), the procedures contained in this Section shall govern the application for, and issuance of, all temporary sign permits under this Title. In the case of special event signs referred to in Section 19.08.120(G)(1)(b), a special event permit issued pursuant to LVMC Chapter 12.02 that addresses such signage for a particular event shall serve as the temporary sign permit and the temporary sign certificate for that signage that otherwise would be required by this Section 19.16.170 and by Section 19.08.120(G)(1)(b). (Ord. 6300 § 2, 02/19/14) B. Authority The Director shall have the authority to approve, approve with conditions, or deny a Temporary Sign Permit. C. Application and Decision An application for a Temporary Sign Permit shall be filed with the Department and shall be accompanied by a filing fee as set forth in the Fee Schedule. The application shall contain sufficient information and detail to enable the Director to determine the appropriateness of issuing a permit under this Section. Within 30 days after receipt of a complete and sufficient application, the Director shall take appropriate action to approve, approve with conditions or deny the application. The Director may approve a Temporary Sign Permit if the Director determines that: 1. The proposed temporary signage is compatible with existing signage and land uses on the same property and on surrounding properties; 2. The subject site is physically suitable for the type and intensity of the temporary signage being proposed; 3. The temporary signage meets all applicable standards of this Title for the zoning district and signage type being requested; 4. The application is not a continuation of consecutive applications or otherwise an attempt to circumvent the limitations contained in this Title. 5. The application does not exceed the time limit limitations, if any, established for a given type of temporary signage authorized by this Title. D. Appeal Page 652 The applicant may appeal a decision of the Director to the Planning Commission by filing a written request with the Department. Any appeal pursuant to this section must be filed within 10 days after the date of the decision that is the subject of the appeal. The decision of the Planning Commission is final, unless appealed to the City Council as in the case of a Variance. E. Conditions of Approval In approving a Temporary Sign Permit, the Director (or, upon appeal, the Planning Commission) may impose conditions, stipulations or limitations as are deemed necessary to ensure that the temporary signage will be consistent with Subsection (C) of this Section. Such conditions may include, but are not limited to the following: 1. Measures to prevent or reduce nuisance factors; 2. Regulation of placement, height, size and location of temporary signage, including provision for separation; 3. Compliance with applicable provisions of the Las Vegas Municipal Code; 4. Any other conditions which will ensure the proposed temporary signage is used in accordance with the intent and purpose of this Section. F. Removal The holder of a Temporary Sign Permit shall be responsible for the removal of temporary signage within the time frame specified for the signage type pursuant to this Title or as otherwise specified by the permit. If the holder of the Temporary Sign Permit is not the record owner of the property, the holder and the property owner(s) are jointly and severally responsible for compliance with this Subsection (F). G. Revocation A Temporary Sign Permit may be revoked or modified by the Director, upon notice to the permit holder, if the Director finds that: 1. The permit was obtained by misrepresentation or fraud; 2. The signage is not in compliance with the permit or any condition of approval; 3. The signage to be allowed by means of the permit is conducted in violation of any applicable statute, ordinance, or regulation; or 4. The permit is being employed as a means to circumvent the limitations contained in this Title. Page 653 19.16.180 Home Occupation Permit Home Occupation Permit 19.16.180 Typical Review Process A. Purpose The purpose of this Section is to provide for a Home Occupation Permit to allow limited types of income producing activities conducted from a residential dwelling unit. A home occupation is an incidental or secondary use so located that the average neighbor, under normal circumstances, would not be aware of its existence. Except as otherwise provided in this Section and Title, no residential dwelling unit may be used for the purpose of conducting any business or income producing activity except as allowed by means of a Home Occupation Permit. B. Exceptions No Home Occupation Permit shall be required for educational activities, including but not limited to music lessons, academic tutoring or religious instruction, provided that no more than two students are present at any one time and the use complies with the requirements of this Section. C. Authority The Director or, upon appeal, the Planning Commission, shall have the authority to approve, approve with conditions, or deny a Home Occupation Permit. In approving a Home Occupation application, the Director (or if applicable, the Planning Commission) may impose conditions, stipulations or restrictions as are deemed necessary to ensure that the activity will be consistent with the intent of this Section. D. Application An application for a Home Occupation Permit shall be filed with the Director. The application shall contain sufficient information and detail to enable the Director to determine the appropriateness of issuing a permit under this Section. If the Home Occupation is to be conducted by the tenant of property which is leased or rented, the tenant shall obtain written authorization from the property owner or property manager and submit the authorization with the Home Occupation Permit application. E. Process and Review Within 30 days after receipt of a complete application, the Director shall approve, approve with conditions, or deny the application. F. Decision and Notice of Decision 1. The Director shall approve a Home Occupation Permit if the Director finds that; a. The proposed Home Occupation is compatible with the existing residential uses on the property and surrounding properties; and Page 654 b. The proposed Home Occupation will conform to the Operational Standards and requirements contained in this Section. 2. The Director shall provide written notice of the decision, which shall include the reasons for the decision and, if the decision is to approve the Home Occupation Permit, any modifications, conditions or limitations that the Director may impose. The notice shall be provided to the owner or the owner's agent. G. Operational Standards 1. In order to approve a Home Occupation Permit, the Director (or if appealed, the Planning Commission) must be satisfied that the proposed Home Occupation can and will comply with the following operational standards: a. At or upon the property, only the occupants of the dwelling unit shall be engaged in the business activity approved for the Home Occupation Permit; b. No employees shall report to work at or be physically dispatched from the property; c. There shall be no transacting of business or offers to transact business with customers or clients who have come to the property except in connection with: i. A cottage food operation that complies with the following limitations; a. Except as permitted as part of a garage or yard sale under Subsubparagraph b) below, no more than two customers may be present on the property at any one time; b. The outdoor sale of food items may occur with no restriction on the number of customers present, but only in accordance with the garage or yard sale provisions of LVMC 19.12.020(B)(1); or ii. The breeding of domestic dogs and cats, but only to the extent in compliance with the following limitations: a. No more than two customers may be present on the property at any one time; and b. The use must comply with all applicable provisions of LVMC Title 7; d. There shall be no signage or other advertising of any kind, whether on the property or elsewhere, which advertises the address or physical location of the property or identifies the existence of a Home Occupation on the property. A home telephone number or a post office box may be advertised by any medium other than on-site signage; e. The following activities are not permitted as a Home Occupation: i. On-site repair, painting or body work pertaining to motor vehicles or trailers. Off-site repair work performed by a mobile repair service is subject to the limitations contained in the Conditional Use Regulations applicable to the use "Vehicle Parking, Storage or Repair in Residential Zoning Districts," as found in Section 19.12.070; ii. The sale or storage of vehicles by a vehicle dealer as defined in NRS Chapter 482; iii. On-site commercial preparation of food for service on or off the premises, except as permitted for a cottage food operation; iv. The sale or storage of explosives, ammunition or firearms; v. The sale or storage of tobacco products, tobacco paraphernalia or alcoholic beverages; vi. A beauty parlor or barber shop; or vii. An ambulance or related emergency service. f. A Home Occupation shall not create pedestrian, automobile or truck traffic in excess of the normal amount associated with residential uses in the district; g. A Home Occupation shall be conducted exclusively within the main dwelling or within an enclosed accessory structure which has been approved for the Home Occupation Permit, except for horticultural activities and the breeding of domestic dogs and cats. No more than 25 percent of the total floor area of all enclosed structures may be devoted to the home occupation activity, and no more than 5 percent of the total floor Page 655 area of all enclosed structures may be devoted to the storage of stock in trade. No outside storage related to the home occupation activity is permitted; h. No more than one vehicle and one trailer that are used in connection with a Home Occupation Permit shall be parked or stored at or near the residence. The permitted vehicle and trailer are subject to the following additional limitations: i. The permitted vehicle must be a passenger vehicle with a maximum capacity of one ton; ii. Vehicles and trailers permitted by this Subparagraph (h) to be parked or stored at or near the residence do not include vehicles or trailers designed or intended solely for commercial use, including without limitation tow trucks, dump trucks, buses, taxis, limousines, food trucks or trailers, ice cream trucks or trailers, forklifts, backhoes, concrete mixers and mobile sign trucks or trailers; iii. The parking or storage of vehicles and trailers permitted by this Subparagraph (h) must comply with the Conditional Use Regulations applicable to the use "Vehicle Parking, Storage or Repair in Residential Zoning Districts," as found in Section 19.12.070; i. The number of on-site parking spaces shall not be reduced to less than two; j. There shall be no outdoor storage or use of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure; k. There shall be no electrical or mechanical equipment which is not normally found in a residential structure, and no equipment found on the premises shall cause a change in the fire safety or occupancy classification of the dwelling unit; and l. No Home Occupation shall create or cause noise, dust, light, vibration, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference or other hazards or nuisances. 2. The following uses are uses that normally may be permitted by means of Home Occupation Permit if they can be conducted in compliance with the Operational Standards in Paragraph (1) of this Subsection. This is not a comprehensive list but should be used to establish appropriate types of uses for Home Occupations. a. Toll-free or 900 number telephone services; b. Accounting, bookkeeping, tax preparation or related services; c. Appraisal, real estate or related services; d. Architectural, engineering, general contractor or related professional services; e. Artist, artisans, hobbyists, jeweler or related services; f. Computer based businesses, desktop publishing, drafting or related services; g. Consulting or related services; h. Employment services; i. Financial investment, brokerage or related services; j. Handicrafts, gift basket assembly, floral, ceramics or related services; k. Health fitness training services; l. Home improvement and repair services; m. Incidental office and telephone uses; n. Information services; o. Insurance services; p. Interior design and decorating services; q. Legal, court reporting or related services; r. Internet ordering, mail order or catalog services; s. Mobile service businesses; Page 656 t. Network marketing services; u. Janitorial, maintenance and repair services; v. Party planning services; w. Photography, video or related services; x. Secretarial, typing, answering or related services; y. Tailoring and sewing services; z. Teaching or related services with a maximum of two students at any one time; aa. Travel services; bb. Vending machine businesses; cc. Writers, authors or related professionals; and dd. Cottage food operations; and ee. The breeding of domestic dogs and cats. 3. Any Home Occupation Permit which is found to be similar to those enumerated in this Subsection and which, in the opinion of the Director, is compatible with the intent of this Section, may be approved or approved with conditions. If the Director determines that a proposed Home Occupation would be detrimental to the public health, safety and welfare or injurious to the existing land uses on the property or to the surrounding properties, or does not substantially conform to the Operational Standards contained in this Section, the Director shall deny the Home Occupation Permit. H. Appeal of Director's Action If the applicant is aggrieved by the Director's decision, or any conditions attached thereto, the applicant may appeal the decision to the Planning Commission by written request within 10 days after the date of decision by the Director. The appeal must be filed with the Department. The appeal hearing shall be scheduled as soon as is reasonably possible, and appropriate notice of the hearing shall be provided. The Planning Commission may affirm, reverse or modify the Director's decision. Notice of the Planning Commission's decision shall be provided to the applicant or the applicant's agent, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. I. Optional Treatment of Appeal The Director or Planning Commission may require that an appeal filed pursuant to Subsection (H) be heard as a public hearing item. The requirement for a public hearing must be based upon a determination that, in the instance of that particular application, the public interest will best be served by providing notice and an opportunity to be heard to surrounding property owners. In such event, the Director shall process the application in accordance with the standards and procedures for Special Use Permit applications. J. Transfer of Permits A Home Occupation permit shall not be transferable to: 1. Another address, or 2. Any person other than the applicant, a family member residing in the home, or a legal entity in which the applicant or resident family member has a controlling interest. K. Expiration Home Occupation Permits not exercised within one year after approval shall be void without further action unless a greater time limit is specified in the approval. Home Occupation uses which cease for more than 6 months shall be void without further action. L. Revocation or Modification Page 657 1. Notice and Hearing. Upon proper notice to, and an opportunity to be heard by, the permit holder, the Director may revoke or modify a Home Occupation permit if the Director determines one or more of the following: a. That the Home Occupation is not in compliance with one or more of the Operational Standards of this Section; b. That the Home Occupation Permit was obtained by misrepresentation or fraud; c. That the Home Occupation is being conducted in violation of any statute, ordinance, law or regulation. 2. Appeal and Notice of Decision. The Director's decision may be appealed in the same manner as the initial denial of a Home Occupation Permit, in accordance with Subsection (H). The provisions of Subsection (I) shall not apply to the appeal, except that the Director or the Planning Commission may provide notice and opportunity to be heard to surrounding property owners. (Ord. 6301 § 4, 03/05/14) (Ord. 6495 § 2, 01/20/16) (Ord. 6659 § 3, 11/21/18) Page 658 19.16.190 Model Home Permit Model Home Permit 19.16.190 Typical Review Process A. Issuance -- Required Conditions With respect to any separately identified subdivision, building permits may be issued for not more than six model homes before the final subdivision map pertaining thereto is recorded if and only if all of the following conditions are met: 1. The final map has been approved by the Director or the Planning Commission. 2. All preconstruction requirements of zoning and plot plan approvals have been met. 3. The site and setbacks of the model homes are in conformance with the final map and the approved zoning. 4. Plan checking of the model homes has been completed and all the items described in LVMC 19.16.060 have been submitted and approved in accordance therewith. 5. The following departments have certified in writing, through their authorized representatives, that their respective preconstruction requirements have been met: a. The Department of Public Works; b. The Department of Planning and Development; and c. The Department of Fire and Rescue. 6. The applicant for such model home permits has acknowledged and agreed in writing that: a. No changes to the final map as approved will be made, except those required by the City, and all construction and improvements will conform to the approved map. b. The permitted model homes will not be sold or occupied for residential purposes until the final map has been recorded. c. The issuance of model home permits will be expressly limited to the model home use and will not be construed as a commitment by the City to approve the final map or to approve any zoning matter. d. The applicant will indemnify, defend and hold the City and its officers, agents and employees harmless from any liability and from and against any claim, loss or damage it or they may incur because of the issuance of any such permit. B. Violation -- Revocation -- Stop-Work Order If the permittee or applicant violates or fails to comply with any requirement of this Title or breaches any promise or obligation entered into pursuant to this Section, the City may deny, suspend or revoke any building permit for a model home and may issue a stop-work order with respect thereto. Page 659 19.16.200 Sign Certificate Sign Certificate 19.16.200 Typical Review Process A. Procedures The procedures contained in this Section shall govern the application for, and issuance of, all sign certificates under this Title. 1. All applications for sign certificates of any kind shall be submitted to the Department on an application form or in accordance with application specifications published by the Department. 2. Within 5 days of receiving an application for a sign certificate, the Department shall review it for completeness. If the application is complete, then the application shall be processed. If the application is incomplete, then notice shall be sent to the applicant, within a 5-day period, of the specific ways in which the application is deficient. 3. Upon approval, the City will issue a certificate and tag for the sign. The tag shall be affixed to the sign in a location where it is plainly visible. Absence of the tag or any record of the issuance of the tag on any sign, which is required by this Title to have a certificate, shall subject that sign to removal in the same manner as in LVMC 19.08.120(D). 4. A renewable sign certificate for a commercial sign shall lapse automatically if not renewed or if the business license for the premise expires or is revoked. 5. Any sign that is the subject of an application received after the effective date of this Title, or any amendment thereto, shall be subject to all the provisions of this Section and shall not be subject to the nonconforming sign protections described in LVMC 19.14.080. For any sign on property annexed into the City after the effective date of this Title, an application for a sign certificate shall be submitted within three months of the effective date of the annexation or within such period as may be established in an annexation agreement between the City and the land owner(s). B. Removal Any sign for which a certificate has lapsed shall be removed immediately. The owner(s) of the property on which the sign is erected or displayed, the certificate holder, the owner(s) of the sign, or any person that caused the sign to be installed shall be jointly and severally responsible for the removal of the sign, provided that nothing herein shall be construed to allow any private person to enter onto the property of another person without the permission of the property owner(s). C. State Sign Permit Required Page 660 For any sign that does not qualify as an on-premise sign and that is proposed within 660 feet of any highway classified by the State of Nevada as part of the interstate and primary highway system, a State of Nevada sign permit shall be obtained prior to the issuance of a construction permit or sign certificate by the City. The issuance of a State of Nevada permit does not take the place of the City's Special Use Permit requirement nor compel the granting of a Special Use Permit. Likewise, the approval of a Special Use Permit by the City does not affect the State of Nevada's authority or discretion to deny a state permit. D. Appeal Any person aggrieved in connection with the inability to obtain a sign certificate or by any other decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of any provision of this Section may appeal the decision to the City Council. An appeal must be in written form and must be filed in the office of the City Clerk, with a copy to be filed with the Department. The appeal must be filed within 10 days after the administrative decision is made and shall specifically describe the decision at issue and the basis for the appeal. The appeal shall be considered on the next available agenda of the City Council. This Section shall not apply to actions on Master Sign Plans, which shall follow the procedures, including appeals, set forth in LVMC 19.16.270. E. Violations, Remedies, Penalties 1. Violations Any of the following shall be a violation of this Section and shall be subject to the enforcement remedies and penalties provided for in this Title: a. To install, create, erect or maintain any sign in any manner that is inconsistent with any Master Sign Plan; b. To install, create, erect, or maintain any sign in a way that is inconsistent with any site plan review or aesthetic review governing the sign for the lot on which sign is located; c. To install, create, erect, or maintain any sign requiring a certificate without such a certificate; d. To install, create, erect, maintain, or fail to maintain any sign in violation of the sign standards set forth in Section 19.06.140 or Section 19.08.120, or to fail to remove a sign when the failure to do so is in violation of either of those Sections; e. To fail to display a tag in conformance with this Section; f. To fail to remove any sign that is installed, created, erected, or maintained in violation of this Section, or for which the sign certificate has lapsed; g. To continue any violation. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this Section; h. To install, create, erect, or maintain any sign prohibited by or in violation of this Section; or i. To abandon any sign. 2. Remedies and Penalties Any sign installed or placed on any property in violation of the requirements of this Section shall be subject to the following: a. With respect to any sign that constitutes a hazard to the public or a sign without proper certification that has been installed or placed on unimproved property, on public property or within public right-of-way, the sign may be immediately removed and impounded. The City shall notify the sign owner(s) or installer (or other responsible person) of the impoundment, if the person or persons are known to or reasonably can be determined by the City. The notice shall be given within 5 days after impoundment of the sign, or within the additional time as may be necessary in order to identify and locate the person or persons. The City will keep the sign for a period of 30 days following the sign's removal, during which time the owner(s) or other responsible person may reclaim the sign. At the end of the 30-day period, the sign may be destroyed. Page 661 b. Signs that are not made subject to the impoundment provisions described in Subparagraph (a) above are subject to removal and impoundment 10 days after appropriate notice has been given, or after such shorter period as the notice may indicate. Appropriate notice shall be deemed to have been given if the City provides written notice to the owner(s) or installer of the sign (or other responsible person). If the notice cannot be given after reasonable efforts to identify and locate the person or persons, the City may affix a notice of noncompliance to the sign itself. If the sign has not been removed or brought into compliance within 10 days, or such shorter time as the notice may indicate, the City may remove and impound the sign. Following the removal and impoundment of a sign, the City will keep the sign for a period of 30 days following the sign's removal, after which the sign may be destroyed. c. In addition to other remedies, the City shall have the right to recover from the owner(s) or installer of such a sign, or the owner(s) of the property on which it is located, or any other responsible person, the full costs of removal and disposal of the sign. The City shall certify the removal and may charge the owner(s) or installer or other responsible person for the removal, payable within 10 days after receipt of a statement of charges or the charges may be a special assessment and a lien on the property involved and subject to the provisions of LVMC 9.12.150, 9.12.160 and 9.12.170. It is presumed that the person or entity whose identity is represented on the sign is a person responsible for installing the sign, which presumption may be rebutted by competent evidence. However, the presumption is not rebutted if the sign was erected or placed by a person or entity who, pursuant to contract or otherwise, is acting on behalf of the person or entity whose identity is represented on the sign. d. Removal pursuant to this Subsection may be accomplished by the City or its authorized agent. e. For any premises on which there is an existing sign that violates any part of this Section, the City may withhold permits for any other signs, including temporary signs, until the violation has been corrected or the property owner(s) has entered into a written agreement with the City for abatement of the violation by a specified date. The provisions of this Paragraph (2) shall not apply to any sign that is not under the legal control of the applicant for a new sign, whether as owner(s) or lessee(s). A sign user simply renting one space on a larger "tenant board" or other sign advertising multiple businesses shall not be considered to be in control of such sign. f. Any violation of this Section shall be a misdemeanor. The City may issue a citation and upon conviction seek imposition of fines in accordance with the following schedule: i. Upon a first conviction, a minimum of $250; ii. Upon a second conviction within a period of one year, or a first conviction within a period of one year following a finding of civil liability regarding a violation of this Subchapter, a minimum of $500; and iii. Upon each subsequent conviction a fine of $1,000. g. As an alternative to a criminal prosecution regarding a particular violation, the City may process the violation as a civil nuisance under LVMC 9.04.04. et seq. Upon a finding of civil liability, the City may seek an imposition of civil liability in accordance with the following schedule: i. Upon the first finding of civil liability, a minimum of $250; ii. Upon a second finding of civil liability within period of one year; a first finding of civil liability within a period of one year following a conviction; or any subsequent such finding, a minimum of $500. h. Each day that any sign has been installed, created, erected, maintained or abandoned in violation of this Section shall be considered a separate violation when applying the criminal or civil penalty portions of this Section. (Ord. 6249 §2, 05/01/13) Page 662 19.16.210 Maintenance Districts Maintenance Districts 19.16.210 Typical Review Process A. State Law Subjectivity This Section is enacted pursuant to, and is subject to, the provisions of NRS 278.478 to 278.4787, inclusive. B. Definitions As set forth in this Section, the following terms shall have the meanings ascribed to them: Assessment means the monetary amount levied against each tract or assessment unit as an assessment against a lot or parcel of real property within a development or subdivision for any given assessment period benefitted by an improvement. Assessment amount means the monthly amount established by the City as the amount necessary to pay the proportionate share of the cost to maintain the improvements included within the maintenance district, to include, without limitation, the City's administrative costs, the actual cost for contracted services performed, and the associated labor, equipment, insurance, utility, and material costs. Assessment period means each successive period of time running from and including July 1 to and including June 30 of the following year. Assessment unit means each legal lot or parcel of real property comprising, and being included within, the boundaries of the maintenance district and upon which a building may be constructed, whether such building has been constructed or not. Improvement or Improvements means any of the following improvements that are included or proposed to be included within a maintenance district in accordance with this Section: A. Landscaping; B. Public lighting; C. Security walls; or D. Trails, parks and open space that provide a substantial public benefit or are required by the City for the primary use of the public. Improvement plan means the plan approved by the City which details the installation of the improvements proposed to be maintained within the maintenance district. Landscaping has the meaning ascribed to it in NRS 278.4781. Maintenance means the care for and upkeep of improvements, including normal repair and replacement of materials and items to sustain an improvement to a level and quality acceptable to the City. Page 663 Maintenance district means the assessment district created, formed, and established pursuant to this Subchapter to provide for the maintenance of improvements. Maintenance district property means the sum of all legal parcels of real property containing improvements that are requested by the applicant to be included and maintained within the maintenance district. The maintenance district property shall be shown as common area on the final map for a development or subdivision. The ownership of the maintenance district property will be ownership in common shared by the applicant and all future owners of property within the development or subdivision. Public lighting has the meaning ascribed to it in NRS 278.4783. Security wall has the meaning ascribed to it in NRS 278.4785. C. Right to Petition the City Pursuant to NRS 278.4787, persons who propose to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to NRS 278.460, inclusive, or NRS Chapter 278A may, in lieu of providing for the creation of an association for a common interest community, petition the City to assume the maintenance of improvements within the development or subdivision. Additionally, if persons who own tracts of land or residential units within an existing subdivision or development with existing improvements, agree to dissolve the association for their common interest community in accordance with the governing documents of their common interest community they may, in lieu of said association, petition the City to assume the maintenance of those existing improvements. D. Petition Requirements--General A request for the City to maintain improvements from a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to NRS 278.460, inclusive, or NRS Chapter 278A, shall be filed with the Department at least one hundred twenty days before the approval of the final map for the land, unless such time is otherwise waived by the City. The request must be made by written petition, on a form to be provided by the City. In order to be deemed complete, the petition must include, or be accompanied by the following: 1. The notarized signature(s) of at least a majority of the owners whose property will be assessed; 2. A description of all tracts of land or residential units that would be subject to an assessment; 3. A list of the improvements (including plans) that are proposed to be maintained by the City; 4. An explanation of why the City should accept maintenance of the improvements and what public benefit the City derives from the maintenance of the improvements; 5. An instrument granting the City, its officers, agents, employees, and contractors the right to enter and access the proposed maintenance district property to the extent necessary to inspect the improvements which are proposed to be maintained within the maintenance district; 6. Such other information as the City deems necessary in order to properly evaluate the petition; and 7. An application fee and inspection fee as set forth in the fee schedule. E. Petition Requirements--Property Owners A request for the City to maintain existing improvements from property owners in an existing development or subdivision, who propose to dissolve, or have dissolved, their common interest association in accordance with the governing documents of their common interest association, shall be filed with the Department. The request must be made by written petition, on a form to be provided by the City. In order to be deemed complete, the petition must include, or be accompanied by the following: 1. Notarized signatures from at least fifty-one percent of those property owners who would be subject to an assessment, or notarized signatures from at least the same percentage of property owners that would be required by the governing documents of the common-interest community to dissolve the common interest association, whichever is greater; Page 664 2. A description of all tracts of land or residential units that would be subject to an assessment; 3. A list of the improvements (including plans) that are proposed to be maintained by the City; 4. An explanation of why the City should accept maintenance of the improvements and what public benefit the City derives from the maintenance of the improvements; 5. Documentation evidencing that a conditional affirmative vote was had by the membership of the common interest association to dissolve the common interest association upon the City's acceptance of the petition for maintenance; 6. An instrument granting the City, its officers, agents, employees, and contractors the right to enter and access the proposed maintenance district property to the extent necessary to inspect the improvements which are proposed to be maintained within the maintenance district; 7. Such other information as the City deems necessary in order to properly evaluate the petition; and 8. An application fee and inspection fee as set forth in the fee schedule. F. Petition--Public Hearing 1. Unless the requirement is waived by the City Council, the Council shall hold a public hearing regarding a complete petition described in Subsection (D) of this Section at least ninety days before the approval of the final map for the land. The City Council shall hold a public hearing regarding a complete petition as described in Subsection (E) of this Section within one hundred twenty days of its receipt of the completed petition. This time period may be extended at the discretion of the City Council. A petition shall be deemed complete if, in the City's judgment and discretion, it fully complies with the requirements of Subsection (D) or (E) of this Section. Any petition may be reviewed by City staff, by a committee, or by both, for the purpose of providing a recommendation to the City Council. 2. The purpose of the public hearing described in Paragraph (1) shall be for the City to determine the desirability of assuming the maintenance of the specified improvements. The maintenance assessments shall not, however, be effective until the City inspects and accepts the constructed improvements for maintenance. In determining if it is desirable for the City to assume maintenance of the improvements, the following factors may be considered by the City Council: a. Whether the maintenance of the improvements on the subject property alone, or cumulatively with other maintenance districts in the City, would create an unreasonable administrative or financial burden upon the City; b. Whether the location of the proposed maintenance district would interfere with the City's ability to efficiently and effectively maintain improvements on the subject property; c. The extent to which the maintenance district property is located on parcels that are contiguous; d. Whether the improvement plan submitted by the applicant is consistent with the requirements of the City, City policies, and the City's master plan, including the applicable land use guide approved by the City; e. Whether the proposed improvements are compatible with the character of the area of the City in which the improvements will be located; f. Whether the improvements are constructed to any standards for such improvements that have been adopted by the City and are otherwise acceptable to the City; g. The number and percentage of property owners who signed the petition and the number of protests received from property owners who would be subject to the assessment; h. Whether the maintenance of the proposed improvements will promote the health, safety and general welfare of the community; i. The extent to which the proposed maintenance district would be in the public interest; j. Any recommendation by City Staff and by any committee that may review the petition; and k. Any other factor deemed by the City Council to be relevant to the petition or to the proposed maintenance district. Page 665 G. Petition--Decision by Council 1. If the City makes a determination that it is desirable to assume the maintenance of the improvements, the City shall form a maintenance district, by ordinance, in accordance with NRS 278.4787(4). 2. If the City Council determines that it would be undesirable for the City to maintain the specified improvements, the Council shall specify the reasons therefor. 3. An applicant whose petition has been considered by the City Council and denied may not repetition the City for a maintenance district within the same development or subdivision for a period of one year. H. Petition Approval--Council's Right to Impose Certain Conditions 1. In approving a petition, the City Council may impose conditions designed to address the impacts that otherwise would make maintenance of the improvements by the City undesirable. Such conditions may include, without limitation, a requirement to: a. Submit an agreement or instrument, acceptable to the City, granting the City, its officers, agents, employees, and contractors an exclusive right to enter and access the maintenance district property to the extent necessary to maintain the improvements on the maintenance district property; b. Submit a written agreement, acceptable to the City, providing a warranty for all improvements for a period of twelve months, or for a shorter period if agreed to by the City, and indemnifying the City for damage or loss resulting from the improper installation or defective design of the improvements. c. Provide an assessment deposit, equal to the first year of assessments and start up costs, as estimated by the City, for the maintenance district and the costs associated with recording notice with the Clark County Recorder's Office as required in NRS 278.4787(6); d. Provide an easement, in a form suitable for recordation, that will provide the necessary access by which the City, through its officers, employees, agents and contractors, may perform the maintenance associated with the maintenance district; and e. If applicable, submit documentation, acceptable to the City, evidencing the costs that have been incurred in maintaining the improvements that are proposed to be maintained by the City. Documentation regarding the maintenance costs shall be for the three-year period preceding the submission of the petition, unless a different time period is agreed to by the City. 2. The City may impose additional conditions as it deems necessary and appropriate at the time of the public hearing at which the creation of the maintenance district is considered. I. Petition Expiration A petition approved by the City shall expire one year from the date of the approval, unless all conditions of approval are met and construction of the improvements in question are commenced within that time period. The City shall have the discretion to establish a different expiration period for any particular maintenance district. J. Assessment Amounts 1. The assessment amount for each assessment unit, including the billing cycle, shall be determined for each assessment period, subject, however, to an annual adjustment. The maintenance district may be considered for revision or adjustment annually and the assessment amount shall be adjusted accordingly based upon the bids received and the actual contracts approved by the City. Additionally, if costs and expenses are increased within the maintenance district by ten percent or more, the assessment amount shall be increased accordingly during the remainder of the assessment period. 2. Assessment amounts shall be payable according to the payment schedule adopted with the establishment of the maintenance district. The City, or its agent, shall mail to the property owner of the assessment unit a bill for the assessment amount to the same address for the property owner of such assessment unit as billings for real property taxes are sent by the Clark County Assessor's Office. Page 666 3. Assessment amounts for any partial assessment period shall be prorated based on a three hundred sixty-five day year. 4. The City shall assess a ten percent penalty for each assessment not paid within sixty days from the due date. Interest shall accrue on delinquent payments at the legal rate with unpaid principal, penalties, and accrued interest compounded semi-annually. K. Improvement Installation Prior To Maintenance District Creation 1. Prior to the creation of a maintenance district, the improvements to be included therein must be fully installed: a. In accordance with the City-approved improvement plan supplied by the applicant; b. In accordance with any standards for such improvements that have been adopted by the City; and c. In a good, workmanlike, and lien free manner. 2. The City may accept a right-of-entry for access purposes at such time as the maintenance district is created. 3. Once the improvements are installed, the applicant shall notify the City, so that the City may inspect the improvements for compliance with the approved improvement plan and other applicable requirements and standards. 4. The City may undertake, or cause to be undertaken, the maintenance of the improvements consistent with the levels and standards approved by the City upon the City's creation of the maintenance district and acceptance of the public access rights. The maintenance of the improvements may be provided by the City or by a contract approved and administered by the City or its agent, under the provisions of NRS Chapters 271, 332 and 338 where applicable. L. Maintenance District Expansion Upon the filing of a supplemental petition, containing the same information as required for a complete petition in Subsections (D) and (E) of this Section, and by compliance with all provisions of this Section, the maintenance district may be expanded to include future phases of a development or subdivision provided that the same conditions as required for the creation of the original maintenance district are satisfactorily fulfilled, as determined by the City. M. Notice Of District Creation Subsequent to the creation of a maintenance district, the City shall record, in the office of the Clark County Recorder, a notice of the creation of the maintenance district or unit of assessment against the property located within the maintenance district that is sufficient to advise the owners of tracts of land or residential units that the tracts of land or residential units are subject to the assessment. The costs of recording the notice shall be paid by the petitioners. The notice shall be in such form and content so as to encumber the property located within the maintenance district and run with the title thereto. N. District Dissolution 1. A maintenance district may be dissolved by the City if: a. The City determines that the improvements that are covered by the maintenance district are no longer necessary, or maintenance of those improvements is no longer necessary; b. A majority of the property owners of the assessment units request that the City dissolve the maintenance district, and an association for a common-interest community has been formed to maintain the improvements in lieu of the maintenance district; or c. The City otherwise determines that it is no longer desirable for the City to maintain the improvements within the maintenance district and that an association or other means has been or will be established to maintain the improvements. 2. Any money that may remain in the maintenance district fund after the dissolution of the district may be remitted to an entity that has been created within the development or subdivision to maintain the improvements. Page 667 C. Right to Petition the City Pursuant to NRS 278.4787, persons who propose to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to NRS 278.460, inclusive, or NRS Chapter 278A may, in lieu of providing for the creation of an association for a common interest community, petition the City to assume the maintenance of improvements within the development or subdivision. Additionally, if persons who own tracts of land or residential units within an existing subdivision or development with existing improvements, agree to dissolve the association for their common interest community in accordance with the governing documents of their common interest community they may, in lieu of said association, petition the City to assume the maintenance of those existing improvements. D. Petition Requirements--General A request for the City to maintain improvements from a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to NRS 278.460, inclusive, or NRS Chapter 278A, shall be filed with the Department at least one hundred twenty days before the approval of the final map for the land, unless such time is otherwise waived by the City. The request must be made by written petition, on a form to be provided by the City. In order to be deemed complete, the petition must include, or be accompanied by the following: 1. The notarized signature(s) of at least a majority of the owners whose property will be assessed; 2. A description of all tracts of land or residential units that would be subject to an assessment; 3. A list of the improvements (including plans) that are proposed to be maintained by the City; 4. An explanation of why the City should accept maintenance of the improvements and what public benefit the City derives from the maintenance of the improvements; 5. An instrument granting the City, its officers, agents, employees, and contractors the right to enter and access the proposed maintenance district property to the extent necessary to inspect the improvements which are proposed to be maintained within the maintenance district; 6. Such other information as the City deems necessary in order to properly evaluate the petition; and 7. An application fee and inspection fee as set forth in the fee schedule. E. Petition Requirements--Property Owners A request for the City to maintain existing improvements from property owners in an existing development or subdivision, who propose to dissolve, or have dissolved, their common interest association in accordance with the governing documents of their common interest association, shall be filed with the Department. The request must be made by written petition, on a form to be provided by the City. In order to be deemed complete, the petition must include, or be accompanied by the following: 1. Notarized signatures from at least fifty-one percent of those property owners who would be subject to an assessment, or notarized signatures from at least the same percentage of property owners that would be required by the governing documents of the common-interest community to dissolve the common interest association, whichever is greater; 2. A description of all tracts of land or residential units that would be subject to an assessment; 3. A list of the improvements (including plans) that are proposed to be maintained by the City; 4. An explanation of why the City should accept maintenance of the improvements and what public benefit the City derives from the maintenance of the improvements; 5. Documentation evidencing that a conditional affirmative vote was had by the membership of the common interest association to dissolve the common interest association upon the City's acceptance of the petition for maintenance; Page 668 6. An instrument granting the City, its officers, agents, employees, and contractors the right to enter and access the proposed maintenance district property to the extent necessary to inspect the improvements which are proposed to be maintained within the maintenance district; 7. Such other information as the City deems necessary in order to properly evaluate the petition; and 8. An application fee and inspection fee as set forth in the fee schedule. F. Petition--Public Hearing 1. Unless the requirement is waived by the City Council, the Council shall hold a public hearing regarding a complete petition described in Subsection (D) of this Section at least ninety days before the approval of the final map for the land. The City Council shall hold a public hearing regarding a complete petition as described in Subsection (E) of this Section within one hundred twenty days of its receipt of the completed petition. This time period may be extended at the discretion of the City Council. A petition shall be deemed complete if, in the City's judgment and discretion, it fully complies with the requirements of Subsection (D) or (E) of this Section. Any petition may be reviewed by City staff, by a committee, or by both, for the purpose of providing a recommendation to the City Council. 2. The purpose of the public hearing described in Paragraph (1) shall be for the City to determine the desirability of assuming the maintenance of the specified improvements. The maintenance assessments shall not, however, be effective until the City inspects and accepts the constructed improvements for maintenance. In determining if it is desirable for the City to assume maintenance of the improvements, the following factors may be considered by the City Council: a. Whether the maintenance of the improvements on the subject property alone, or cumulatively with other maintenance districts in the City, would create an unreasonable administrative or financial burden upon the City; b. Whether the location of the proposed maintenance district would interfere with the City's ability to efficiently and effectively maintain improvements on the subject property; c. The extent to which the maintenance district property is located on parcels that are contiguous; d. Whether the improvement plan submitted by the applicant is consistent with the requirements of the City, City policies, and the City's master plan, including the applicable land use guide approved by the City; e. Whether the proposed improvements are compatible with the character of the area of the City in which the improvements will be located; f. Whether the improvements are constructed to any standards for such improvements that have been adopted by the City and are otherwise acceptable to the City; g. The number and percentage of property owners who signed the petition and the number of protests received from property owners who would be subject to the assessment; h. Whether the maintenance of the proposed improvements will promote the health, safety and general welfare of the community; i. The extent to which the proposed maintenance district would be in the public interest; j. Any recommendation by City Staff and by any committee that may review the petition; and k. Any other factor deemed by the City Council to be relevant to the petition or to the proposed maintenance district. G. Petition--Decision by Council 1. If the City makes a determination that it is desirable to assume the maintenance of the improvements, the City shall form a maintenance district, by ordinance, in accordance with NRS 278.4787(4). 2. If the City Council determines that it would be undesirable for the City to maintain the specified improvements, the Council shall specify the reasons therefor. Page 669 3. An applicant whose petition has been considered by the City Council and denied may not repetition the City for a maintenance district within the same development or subdivision for a period of one year. H. Petition Approval--Council's Right to Impose Certain Conditions 1. In approving a petition, the City Council may impose conditions designed to address the impacts that otherwise would make maintenance of the improvements by the City undesirable. Such conditions may include, without limitation, a requirement to: a. Submit an agreement or instrument, acceptable to the City, granting the City, its officers, agents, employees, and contractors an exclusive right to enter and access the maintenance district property to the extent necessary to maintain the improvements on the maintenance district property; b. Submit a written agreement, acceptable to the City, providing a warranty for all improvements for a period of twelve months, or for a shorter period if agreed to by the City, and indemnifying the City for damage or loss resulting from the improper installation or defective design of the improvements. c. Provide an assessment deposit, equal to the first year of assessments and start up costs, as estimated by the City, for the maintenance district and the costs associated with recording notice with the Clark County Recorder's Office as required in NRS 278.4787(6); d. Provide an easement, in a form suitable for recordation, that will provide the necessary access by which the City, through its officers, employees, agents and contractors, may perform the maintenance associated with the maintenance district; and e. If applicable, submit documentation, acceptable to the City, evidencing the costs that have been incurred in maintaining the improvements that are proposed to be maintained by the City. Documentation regarding the maintenance costs shall be for the three-year period preceding the submission of the petition, unless a different time period is agreed to by the City. 2. The City may impose additional conditions as it deems necessary and appropriate at the time of the public hearing at which the creation of the maintenance district is considered. I. Petition Expiration A petition approved by the City shall expire one year from the date of the approval, unless all conditions of approval are met and construction of the improvements in question are commenced within that time period. The City shall have the discretion to establish a different expiration period for any particular maintenance district. J. Assessment Amounts 1. The assessment amount for each assessment unit, including the billing cycle, shall be determined for each assessment period, subject, however, to an annual adjustment. The maintenance district may be considered for revision or adjustment annually and the assessment amount shall be adjusted accordingly based upon the bids received and the actual contracts approved by the City. Additionally, if costs and expenses are increased within the maintenance district by ten percent or more, the assessment amount shall be increased accordingly during the remainder of the assessment period. 2. Assessment amounts shall be payable according to the payment schedule adopted with the establishment of the maintenance district. The City, or its agent, shall mail to the property owner of the assessment unit a bill for the assessment amount to the same address for the property owner of such assessment unit as billings for real property taxes are sent by the Clark County Assessor's Office. 3. Assessment amounts for any partial assessment period shall be prorated based on a three hundred sixty-five day year. 4. The City shall assess a ten percent penalty for each assessment not paid within sixty days from the due date. Interest shall accrue on delinquent payments at the legal rate with unpaid principal, penalties, and accrued interest compounded semi-annually. K. Improvement Installation Prior To Maintenance District Creation Page 670 1. Prior to the creation of a maintenance district, the improvements to be included therein must be fully installed: a. In accordance with the City-approved improvement plan supplied by the applicant; b. In accordance with any standards for such improvements that have been adopted by the City; and c. In a good, workmanlike, and lien free manner. 2. The City may accept a right-of-entry for access purposes at such time as the maintenance district is created. 3. Once the improvements are installed, the applicant shall notify the City, so that the City may inspect the improvements for compliance with the approved improvement plan and other applicable requirements and standards. 4. The City may undertake, or cause to be undertaken, the maintenance of the improvements consistent with the levels and standards approved by the City upon the City's creation of the maintenance district and acceptance of the public access rights. The maintenance of the improvements may be provided by the City or by a contract approved and administered by the City or its agent, under the provisions of NRS Chapters 271, 332 and 338 where applicable. L. Maintenance District Expansion Upon the filing of a supplemental petition, containing the same information as required for a complete petition in Subsections (D) and (E) of this Section, and by compliance with all provisions of this Section, the maintenance district may be expanded to include future phases of a development or subdivision provided that the same conditions as required for the creation of the original maintenance district are satisfactorily fulfilled, as determined by the City. M. Notice Of District Creation Subsequent to the creation of a maintenance district, the City shall record, in the office of the Clark County Recorder, a notice of the creation of the maintenance district or unit of assessment against the property located within the maintenance district that is sufficient to advise the owners of tracts of land or residential units that the tracts of land or residential units are subject to the assessment. The costs of recording the notice shall be paid by the petitioners. The notice shall be in such form and content so as to encumber the property located within the maintenance district and run with the title thereto. N. District Dissolution 1. A maintenance district may be dissolved by the City if: a. The City determines that the improvements that are covered by the maintenance district are no longer necessary, or maintenance of those improvements is no longer necessary; b. A majority of the property owners of the assessment units request that the City dissolve the maintenance district, and an association for a common-interest community has been formed to maintain the improvements in lieu of the maintenance district; or c. The City otherwise determines that it is no longer desirable for the City to maintain the improvements within the maintenance district and that an association or other means has been or will be established to maintain the improvements. 2. Any money that may remain in the maintenance district fund after the dissolution of the district may be remitted to an entity that has been created within the development or subdivision to maintain the improvements. 19.16.220 Unified Development Code (UDC) Text Amendment Page 671 UDC Text Amendment 19.16.220 Typical Review Process A. Purpose The purpose of this Section is to provide for a process to amend the text of this Title. B. Authority 1. Whenever public health, safety and general welfare may require, the City Council may amend, supplement, modify, change, or repeal any of the regulations contained in this Title. 2. Except where immediate concern for the public health, safety or general welfare dictate otherwise, the substance of any proposed amendment to the text of this Title shall be presented to the Planning Commission for its recommendation. C. Planning Commission Public Hearing and Action 1. The Planning Commission shall hold a public hearing upon any proposed text amendment that has been presented to the Planning Commission for review. 2. Notice of the time, place and purpose of the hearing shall be given at least 10 days before the hearing by publishing a notice in a newspaper of general circulation within the City. 3. The Planning Commission shall hear and consider evidence and facts from any person present at the public hearing who desires to be heard and shall consider written communication from any person. 4. At the conclusion of the public hearing on the text amendment, the Planning Commission may recommend approval, approval with modification or disapproval of the amendment, or may hold the item in abeyance for further study. D. City Council Consideration The recommendation of the Planning Commission shall be made available to the City Council in connection with the Council's consideration, if any, of the substance of the text amendment. Page 672 19.16.230 Street Name Change Street Name Change 19.16.230 Typical Review Process A. Purpose 1. The purpose of this Section is to establish a procedure to change the name of any street or a portion of a street. 2. Street name changes will be made consistent with LVMC 19.04.060 and the edition of the City of Las Vegas Street Naming and Address Assignment Regulations adopted therein, as it may be amended from time to time. B. Application A petition for Street Name Change shall be made on a form to be provided by the Department. The applicant shall file two copies of the petition with the Director. The petition shall describe with certainty the portion of the street or streets to be affected. The petition shall be signed by all abutting property owners or a representative of the local government initiating the petition. C. Time of Filing In order to provide sufficient time for the necessary investigation by the Planning Commission and/or the Director, an application for a Street Name Change must be filed with the Director a minimum of 30 days prior to the date of the meeting of the Planning Commission at which the Street Name Change application is to be heard and considered. D. Planning Commission Public Hearing and Action 1. Process and Review. The Planning Commission shall hold a public hearing upon a completed application for Street Name Change following receipt of the petition. 2. Notice. The Director shall endeavor to mail notices of the Planning Commission meeting at which the petition will be considered to all persons owning property abutting the street or streets to be affected by the proposed name change; however, the failure to do so shall not invalidate any action taken at the meeting. 3. Decision and Report. Following the conduct of a public hearing or hearings, the Planning Commission shall make its recommendation either to grant or deny the application for a Street Name Change. The Planning Commission shall transmit a report of its recommendation to the City Council. E. City Council Public Hearing and Review The City Council shall consider the application for Street Name Change and the recommendation of the Planning Commission at its next available meeting. If the City Council finds that it is in the best interest of the public and that no person will be materially injured, the City Council may order that the name of the street be changed. F. Recording The order contemplated in Subsection (E) of this Section shall be recorded in the office of the County Recorder and in the event the original name of the affected street is indicated on a subdivision map, parcel map or plat on file with the Recorder, the County Recorder shall make a written notation of the change on any map affected by the order. Page 673 19.16.240 Review of Conditions Review of Conditions 19.16.240 Typical Review Process A. Purpose and Intent The purpose of a Review of Condition is to provide a mechanism for reviewing proposed modifications to conditions of approval imposed by the City Council or Planning Commission. The provisions of this Section are intended to govern whenever there is a proposal to amend, modify or review a condition of approval of an application under this Chapter, notwithstanding the fact that other provisions of this Chapter regarding amendments and modifications to approved applications or plans might otherwise apply. The provisions of this Section are not intended to limit the authority of the Planning Commission or City Council. B. Application The applicant for a Review of Condition shall schedule and hold a pre-application conference with the Department prior to the submittal of an application. An application for Review of Condition shall be filed with the Department on a form to be provided by the Department. The application shall be signed and acknowledged by the owner of record of the property for which the Review of Condition is sought, and shall be notarized as to the owner's signature. C. Hearing An application for Review of Condition shall be heard by the Planning Commission or City Council, depending on which body took final action to impose the condition or conditions being reviewed. Notice of the time, place and purpose of the hearing must be given at least ten days before the hearing by: 1. Publishing the notice in a newspaper of general circulation within the City; and 2. Mailing a copy of the notice to: a. The applicant; b. Each owner of real property located within a minimum of one thousand feet of the property described in the application; c. The president or head of any registered local neighborhood organization whose organization boundaries are located within the minimum of one mile of the property described in the application; and d. The owner of each of the 30 separately-owned parcels nearest to the property described in the application to the extent this notice does not duplicate the notice otherwise required by this Paragraph (2). E. Decision The Planning Commission or City Council, as the case may be, may approve, approve with conditions or deny an application for Review of Condition. The decision is final, subject to the right of appeal available under State law. F. Notice of Decision Page 674 Written notice of the decision by the Planning Commission or City Council, as the case may be, including the reasons therefor, shall be provided to the applicant or agent. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. Page 675 19.16.250 Required Review Required Review 19.16.250 Typical Review Process A. Purpose The Planning Commission and City Council are authorized by the provisions of this Title to impose conditions in connection with their approval of applications under this Title. From time to time, such conditions of approval include a condition requiring that the application so approved (the "approved item") be brought back for review, either an administrative review or a review by the approving body. The purpose of the Required Review process described in this Section is to provide the mechanism by which approved items may be reviewed for compliance with the provisions of this Title and with conditions that were imposed in connection with the approval. B. Application An application for a Required Review shall be filed with the Department on a form to be provided by the Department. The application shall be signed and acknowledged by the owner of record of the property for which the Required Review is sought, and shall be notarized as to the owner's signature. In the absence of a voluntary application, the Department may process the Required Review on its own initiative. C. Types of Required Review Where the type of review required by a condition of approval was an administrative review, the Required Review shall be performed by the Director. Where the type of review required by a condition of approval was not an administrative review, the provisions of Subsections (D) through (F) of this Section shall apply. D. Hearing An application or agenda item for a Required Review shall be heard by the Planning Commission or City Council, depending on which body took final action to approve the items subject to a Required Review. Notice of the time, place and purpose of the hearing must be given at least ten days before the hearing by: 1. Publishing the notice in a newspaper of general circulation within the City; and 2. Mailing a copy of the notice to: a. The applicant, if any, or otherwise to the property owner, operator of the use, or other representative; b. Each owner of real property located within a minimum of one thousand feet of the property described in the application; c. The president or head of any registered local neighborhood organization whose organization boundaries are located within the minimum of one mile of the property described in the application; and d. The owner of each of the thirty separately-owned parcels nearest to the property described in the application to the extent that this notice does not duplicate the notice otherwise required by this Paragraph (2). Page 676 E. Decision The Planning Commission or City Council, as the case may be, may take such action as it deems appropriate regarding the application, including without limitation: 1. Allowing the previous approval to continue subject to further review; 2. Allowing the previous approval to continue without further review; 3. Allowing the previous approval to continue subject to a different scope, or subject to conditions other than any previously imposed; or 4. Revoking or otherwise terminating the previous approval, but only if notice of the potential to take such action is provided at least fourteen days in advance of the hearing to: a. The applicant (if any) or to the applicant's agent; or b. Otherwise, to the property owner or operator of the use (or an agent). F. Notice of Decision Written notice of the decision by the Planning Commission or City Council, as the case may be, including the reasons therefor, shall be provided to the applicant, if any, or the applicant's agent, or otherwise to the property owner, the operator of the use, or an agent thereof. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. Page 677 19.16.260 Extension of Time Extension of Time 19.16.260 Typical Review Process A. Purpose The purpose of an Extension of Time is to provide a mechanism for extending the approval period of an approved application with time limitations imposed by the City Council or Planning Commission. The provisions of this Section are intended to govern whenever there is a proposal to extend an application under this Chapter, unless otherwise addressed any other provision of this Title. The provisions of this Section are not intended to limit the authority of the Planning Commission or City Council. B. Application An application for an Extension of Time shall be filed with the Department on a form to be provided by the Department. The application shall be signed and acknowledged by the owner of record of the property for which the Extension of Time is sought, and shall be notarized as to the owner's signature. C. Hearing An application for an Extension of Time shall be heard by the Planning Commission or City Council, whichever body took final action to approve the item subject to an Extension of Time. Notice of the time, place and purpose of the hearing must be given at least ten days before the hearing by publishing the notice in the newspaper of general circulation within the City. D. Decision The Planning Commission or City Council, as the case may be, may take such action as it deems appropriate regarding the application, including without limitation: 1. Allowing the extension of the previous approval; 2. Allowing the extension of the previous approval subject to conditions other than any previously imposed; or 3. Denial of the extension of the previous approval. E. Notice of Decision Written notice of the decision by the Planning Commission or City Council, as the case may be, including the reasons therefore, shall be provided to the applicant, if any, or the applicant's agent, or otherwise to the property owner, to the operator of the use, or an agent thereof. A copy of the notice shall also be filed with the City Clerk, and the date of the notice shall be deemed to be the date notice of the decision is filed with the City Clerk. Page 678 19.16.270 Master Sign Plan Master Sign Plan 19.16.270 Typical Review Process A. Purpose A Master Sign Plan is required for certain types of development in order to allow the Planning Commission and City Council to ensure the appropriate relationships among building elevations, signage and circulation. Larger commercial developments are likely to generate greater impacts on surrounding residential properties than smaller commercial projects. An effective Master Sign Plan encourages integrated signage, with an emphasis on wall signs and central identification signage rather than multiple freestanding signs along the street frontage. Reducing the amount of sign clutter along street frontages allows the customer of the commercial center to readily identify establishments that have the goods and services they seek. B. Applicability 1. A Master Sign Plan shall be submitted and approved before any on-premise signage may be installed as: a. Signage for any nonresidential project with a site larger than 15 net acres; b. Signage for any non-restricted gaming establishment whose signage is not otherwise subject to review by the Downtown Design Review Committee under this Title; or c. Supergraphic signage. 2. A Master Sign Plan may be submitted for any development or property not otherwise required to submit a Master Sign Plan to accomplish one or more of the following: a. To establish the requirements and limitations for signs relating to uses that are not regulated elsewhere in this Title and that are located on property in the Planned Community and Planned Development districts; b. To establish requirements and limitations for signs in a specific development that are more restrictive than would otherwise be required by this Title; or c. To satisfy a condition or requirement imposed by the Planning Commission or City Council. (Ord. 6234 § 2, 02/06/13) (Ord. 6250 §8, 05/01/13) C. Master Sign Plan Requirements A proposed Master Sign Plan generally may be submitted in connection with a Site Development Plan Review. The Master Sign Plan shall be signed by all the owners or the owner's authorized agent of the subject property on the form the Director requires, and shall include the following: Page 679 1. An accurate site plan of the lot, drawn to scale, indicating the location of buildings, parking lots, driveways and landscaped areas on the lot; 2. An accurate indication of the location of each present and proposed sign of any type, whether or not the sign requires a sign certificate, except that incidental signs need not be shown; 3. Design drawings which allow the computation of the sign area and the height of any existing or proposed signs and which indicate any sign characteristics such as illumination or moving parts; 4. A copy of any private restrictions or sign criteria which the owner(s) or developer agrees will govern all signs affected by the Master Sign Plan; 5. The applicable fees set forth in the Fee Schedule; 6. If applicable, standards for window signs that indicate the general type of window signage to be allowed (e.g., paper affixed to window, painted, etched on glass, or some other material hung inside the window); and 7. If applicable, a schedule for bringing all existing signs into conformance with the requirements in the Master Sign Plan. D. Procedures 1. Hearing The Planning Commission shall review a proposed Master Sign Plan within 65 days after it is properly submitted for review. The Planning Commission, in its discretion, may hold the Master Sign Plan in abeyance for good cause. Following the review, the Planning Commission shall make its recommendation to approve, approve with conditions, or deny the Master Sign Plan. The decision shall be based upon evidence that makes approval or denial of the Master Sign Plan appropriate. 2. Conditions of Approval In approving a Master Sign Plan, the Planning Commission may impose such conditions, restrictions or limitations as the Commission may determine to be necessary to meet the general purpose and intent of this Title and to ensure that the public health, safety and welfare are being maintained. Conditions of approval may include a required review after a specified period to ensure that signage actually constructed conforms to required standards and is maintained in accordance with applicable requirements. All signs in the Master Sign Plan shall: a. Either conform to all standards for the zoning district in which the sign will be located, under this Title, or establish sign requirements and limitations that are more restrictive than those set forth in this Title and that are consistent with the standards and criteria set forth in the following Subparagraphs (b) through (g). Master Sign Plans may also be used to establish the requirements and limitations for signs located in the Gaming Enterprise and Downtown Las Vegas Overlay Districts, and the Planned Community and Planned Development Districts; b. Conform to the Residential Protection Standards set forth in this Title; c. Conform to site plan and development standards regarding circulation and emergency exit patterns, parking and loading requirements and other standards related generally to the location of structures within a development; d. Be compatible with the architectural characteristics and spatial relationships of the buildings on which the signs are attached, and the placement of freestanding signs on the site, when considered in terms of location, scale, proportion, color, materials, and illumination; e. Be professionally designed and fabricated from materials that meet the physical demands of an urban setting; f. Be creative in the use of two- and three-dimensional forms, iconographic representations, illumination and graphic design, including the use of color, pattern, typography, and materials; and g. Be designed as attractive and complementary features of the development, which it serves. 3. Effect of Denial; Appeal Page 680 A decision by the Planning Commission to deny a Master Sign Plan becomes final and effective at the expiration of 10 calendar days after the date of the decision unless, within that period, the applicant appeals the decision by written request filed with the City Clerk. 4. Final Action Concerning Appeal or Approval A decision by the Planning Commission to approve a Master Sign Plan constitutes final action, unless, with respect to a conditional approval, the applicant appeals the decision by written request filed with the City Clerk within ten calendar days after the date of the decision. The City Council shall review and make the final decision concerning each Master Sign Plan which has been appealed to the City Council. 5. City Council Decision In the case of an appeal, the City Council may approve, approve with conditions, or deny the Master Sign Plan. In doing so, the City Council shall consider the decision of the Planning Commission and the evidence presented at the public hearing. Action by the City Council is final. 6. Deemed Disapproval If there is no final action by the Planning Commission or City Council on a Master Sign Plan within 90 days after the filing of a complete Master Sign Plan application, exclusive of any period of delay agreed to by the applicant thereof, it shall constitute a denial of the proposed Master Sign Plan. In the case of a failure by the City Council to reach final action on a Master Sign Plan, the applicant may seek direct judicial review of that denial based on the record then pending before the City Council. 7. Additional Provisions. Not withstanding any provision of Paragraphs (2), (3) and (4) of this Subsection (D), the following shall apply to any application for a Master Sign Plan that includes supergraphic signage: a. Action by the Planning Commission on the application is a recommendation only, and the application shall be forwarded to the City Council for final decision. b. Any review period imposed under Paragraph (2) for the purpose of determining whether supergraphic signage continues to be appropriate at the location that is subject of the application may not be for a period less than 1 year. (Ord. 6250 §9 and 10, 05/01/13) (Ord. 6608 § 15, 12/06/17) E. Amendments 1. Minor Amendment a. Applicability. This Minor Amendment process shall apply to any amendment to a Master Sign Plan which does not propose any of the following: i. Any increase by greater than ten percent in the number or size of freestanding or consolidated signs requiring certificates; ii. Any substantial increase in the size, or illumination of wall, awning, roof, marquee or permanent window signs located within 200 feet of property zoned or shown on the General Plan as planned for single family residential (attached or detached) use; or iii. Any substantial change in the location of wall, awning, roof, marquee or permanent window signs located within 200 feet of property zoned or shown on the General Plan as planned for single family residential (attached or detached) use. b. Procedure. The applicant shall file an application in writing, with supporting drawings, specifically identifying the proposed changes to the approved Master Sign Plan. The Director shall review the application for completeness, and the applicability of the Minor Amendment process under this Section, within 5 business Page 681 days of the date the application is received. After the Director finds that the application is complete, and that the Minor Amendment process applies, the Director shall review and act on the Amended Master Sign Plan application within 15 business days of the date the application is received. The application shall be reviewed for consistency with any conditions included in the original Master Sign Plan. If the "Master Sign Plan with Minor Amendments," is consistent with any conditions included in the original Master Sign Plan, the Director shall approve the application. The Director shall mark the approved plan as "Master Sign Plan with Minor Amendments," and indicate the date of approval. From that date, the amended Master Sign Plan shall be the official Master Sign Plan. c. Resubmission or Appeal. If the Minor Amendment is denied under this Paragraph (1), the applicant may revise and resubmit the application or may submit the complete application as a Major Amendment, in accordance with Paragraph (2). The submission of the application as a Major Amendment shall be in lieu of any appeal. 2. Major Amendment a. Applicability. Any amendment to a Master Sign Plan, which does not meet the criteria for a "Minor Amendment," as set forth in Paragraph (1), shall be reviewed as a Major Amendment. b. Procedure. A Major Amendment Master Sign Plan is accomplished by the same process and procedures required establishing a new Master Sign Plan. The proposed Major Amendment shall specifically identify the proposed changes to the existing Master Sign Plan that is in effect. c. Schedule for Achieving Conformance. If any application for a Major Amendment to a Master Sign Plan is filed for a property on which existing signs are located, the application for the amended Master Sign Plan shall include a schedule for bringing into conformance all signs that do not conform to the proposed amended Master Sign Plan. F. Effect After approval of a Master Sign Plan, or amended Master Sign Plan, no sign shall be erected, placed, or altered, except in conformance with the Master Sign Plan, and the Master Sign Plan shall be enforced in the same way as any provision of this Title. Page 682 19.16.280 Appendices A. Adopted There are adopted, as part of this Chapter, five appendices, designated as Appendices "A," "B," "C," "D," and "E," which are incorporated by this reference and copies of which shall be maintained in the office of the City Clerk and the Department. The appendices are related to the preparation and submittal of parcel maps, tentative subdivision maps, final subdivision maps under the applicable provision of this Title and requirements related to boundary line adjustments as authorized and described by State law. The appendices are listed as follows: 1. Appendix A - Parcel Map Application Checklist ; 2. Appendix B - Tentative Map Application Checklist; 3. Appendix C - Final Map Application Checklist; 4. Appendix D - Monumentation Requirement; 5. Appendix E - Required Certificates. Page 683 19.18 DEFINITIONS & MEASURES Contents: 19.18.010 General 19.18.020 Words and Terms Defined 19.18.030 Measurement Rules 19.18.010 General Terms which are used in this Title and are not specifically defined shall be given their ordinary meaning, unless the context requires or suggests otherwise. In the case of ambiguity or uncertainty concerning the meaning of a particular term, whether or not defined, the Director and staff of the Department shall have the authority to assign an interpretation which is consistent with the intent and purpose of this Title, or an interpretation which is consistent with previous usage or interpretation. 19.18.020 Words and Terms Defined Abandoned Sign. A sign that: 1. Has ceased to be used to display a message relating to an on-going business, product, service, idea or commercial activity and where the owner(s) of the sign has manifested an intention to permanently cease to use the sign. A sign shall be presumed to be abandoned if it has not been used to display or support such a message during any continuous one-year period; 2. Is an on-premise sign pertaining to a building that has been destroyed or damaged beyond use, and substantial construction work for its repair or replacement has not begun within six months after such destruction. This period may be extended by the Planning Commission upon application of the property owner(s) for good cause shown; or 3. Is an on-premise sign pertaining to a business that has advertised or otherwise publicly indicated that it is "going out of business," closing, moving, or closing at this location by a date that has passed. Abandoned. Concerning a building, means not having been developed or maintained or put to beneficial use for a stated period of time. Concerning a use, and for purposes of the provisions of this Title regarding the termination of uses or the duration of legal nonconforming status, means not having been used or operated or maintained for a required period of time or in the manner required, all as set forth in this Title. The term includes such lack of use or non-operation: 1. Whether or not accompanied by actual intent to abandon, and 2. Where provisions of this Title authorize a use to be deemed abandoned under the circumstances specified. (Ord. 6664 § 10, 12/19/18) Abut. To physically touch or border upon; or to share a common property line, but not overlap. Access. A way or means of approach to provide vehicular or pedestrian physical entrance to a property. Accessory Structure. A residential structure that is: 1. Located on the same lot as a principal structure; 2. Either detached from or, pursuant to LVMC 19.06.040(C)(6), attached to the principal structure; and 3. Incidental or subordinate to the principal structure. Page 684 Accessory Structure (Class I). An accessory structure which is located on the same residential parcel as a principal dwelling and which, as an ancillary use, provides living quarters, including full kitchen facilities, for the occupants of the principal dwelling or their tenants, domestic employees or temporary guests. Accessory Structure (Class II). An accessory structure which is located on the same lot as a principal structure, is detached therefrom, is incidental or subordinate thereto, and does not qualify as an "Accessory Structure (Class I)." Accessory Use. A use incidental or secondary to the principal use of a lot, building or structure and located on the same lot as the principal use. Action. The decision made by the reviewing authority on a land use application; the determination made and any conditions of approval. Active Status. With regard to a business license, means that the license is in good standing. In addition, with regard to any specified business, the term also means that the business authorized by the business license must be fully operational for at least 8 hours, on at least one occasion, within any continuous 30-day period. For purposes of the preceding sentence: 1. "Specified business" means the following types of businesses: a. A business that implements any of the following uses, as included within the description and definition of "sexually oriented business" found in LVMC 19.12.070: i. Adult emporium ii. Adult mini-motion picture theater. iii. Adult motion picture arcade; or iv. Nude show. b. To the extent not included in Subparagraph (a) above, any of the following businesses: i. Adult nightclub, as described in LVMC Chapter 6.06B. ii. Erotic dance establishment, as described in LVMC Chapter 6.35; or iii. Video center, as described in LVMC Chapter 6.83. 2. A business that opens itself to the public for the provision of products or services is "fully operational" only if and when it is open to the public. (Ord. 6664 § 11, 12/19/18) Adjacent. To be separated by common property lines, lot lines, or is directly across a street, private street or access easement, or right-of-way (other than a freeway or arterial) from the subject property. Advertising. Any writing, painting, display, emblem, drawing, sign or other device designed, used, or intended for display or any type of publicity for the purpose of making anything known or attracting attention to a place, product, goods, services, idea or statement. Air Rights. The right to use space above ground level. Airport Elevations. The highest point of an airport's usable landing area measured in feet above mean sea level. Airport, Heliport or Landing Field. Any area of land designated and set aside for the landing and taking off of any aircraft regulated by the Federal Aviation Administration, together with related refueling and terminal facilities. Alley. A private or public way which affords only a secondary means of access to abutting property and which is not intended for general travel or circulation. Alleys are not considered a type of street. Alter. To make any change in the structural members or other features of a building; or any change to allow the building to be used for purposes other than those for which it was originally intended. "Alter" includes "enlarge". Page 685 Amenity. A natural or created feature that enhances the aesthetic quality, visual appeal or attractiveness of a particular property, place or area. Amphitheater. An oval, circular or semicircular outdoor theater in which the stage or screen area is surrounded by rising tiers of seating or assembling areas, or both. Ancillary Use. A use incidental to and customarily associated with a specific principal use and which is located on the same parcel or lot. Animal Hospital, Clinic, or Shelter. A facility that provides medical or surgical treatment for animals or pets, as well as shelter and care during the time of such treatment. Such a facility may, but does not necessarily, include the use of outdoor pens in providing such shelter and care. Animal Keeping & Husbandry. The raising, keeping and breeding of domestic or non-domestic animals. The use must be ancillary to the principal use, but may be conducted for commercial purposes. The term includes the keeping of animals for the development of animal products such as meat, fur or eggs, but does not include the keeping of animals as household pets or the breeding of domestic dogs and cats pursuant to and in accordance with the Home Occupation Permit provisions of LVMC 19.16.180. (Ord. 6229 §10, 12/19/12), (Ord. 6659 §4, 11/21/18) Antenna. Any exterior apparatus that is mounted on a structure and is used for transmitting or receiving communications, including electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communication signals or other communication signals. Antenna Tower. A pole or other structure, including any supporting elements, that is used to support one or more wireless communication antennas. The term includes a pole or other structure that supports a wireless communication antenna and that is attached to a trailer or other portable support. Antenna Tower Alternative Structure. A structure such as a flagpole, man-made tree, clock tower, bell steeple, or similar alternative-design mounting structure that substantially camouflages or conceals the presence of wireless communication antennas or antenna towers. Antique, Collectible Store. Any building used for the sale of: 1. Any old and authentic object of personal property which was made, fabricated or manufactured sixty or more years earlier and which has a unique appeal and enhanced value mainly because of its age; or 2. Any article of personal property which was made, fabricated or manufactured twenty or more years earlier and because of public demand has attained value in a recognized commercial mark which is in excess of its original value. Apartment House. A structure which contains three or more apartment dwelling units and which does not qualify as a condominium, townhouse dwelling or residence hotel. Apartment. A room, or suite of rooms, within an apartment house which has facilities for the preparation of meals, is designed for and used or intended to be used by one family and is intended to be occupied on a rental basis with a rental period of at least one week. Arcade Sign. A wall or projecting sign attached to the roof or the wall of an arcade and totally within the outside limits of the structural surfaces that delineate the arcade. Archeological Site. A site that has yielded, or exhibits the promise of yielding, information important in the understanding of human prehistory or history. Such information may consist of evidence of past human life, habitation or activity, as well as material remains. Architectural Feature. A decorative element intended to enhance the character of a structure and may be an integral part of the structure. Architectural features may include, but are not limited to, porches, eaves or freestanding forms and monuments. Page 686 Asphalt or Concrete Batch Plant. A permanent facility or area for the mixing of concrete or asphalt. Assisted Living Apartment. An apartment or apartment complex which provides personal care services to senior citizens for daily living needs. Such services may include, but are not limited to, preparation and service of meals, housekeeping, laundry, monitoring of rooms, monitoring of medication, or assistance with bathing. The term includes commercial uses that are ancillary to an apartment complex as long as the total amount of floor space dedicated to such uses does not exceed 5% of the total gross floor area of the apartment complex and there is no external signage for, nor external access to, the commercial uses. The term does not include a convalescent care facility/nursing home or other medical facility that is specifically defined in this Chapter. Astrologer, Hypnotist, or Psychic Art & Science. Any person who practices, teaches, or professes to practice the business of astrology, hypnotism or the psychic arts and sciences for a fee, gift, donation, or otherwise. Psychic arts and sciences may include palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, prophecy, augury, divination, magic or necromancy. The term does not include a hypnotherapy practice. Attached Sign. Any sign that is attached to an occupied building or building designed for occupancy. Attention Gaining Device. Any streamer, pennant, propeller, inflatable sign, tethered balloon, portable sign, bunting or other artificial device, figure, shape, color, sound, light or exhibit, whether live, animated or still, that is intended to attract attention to a use or business being conducted either on or off site. Auction House. An enclosed establishment for the temporary storage and offering by an auctioneer of qualified property which is offered or sold to the highest bidder by means of a request or invitation for bids. For purposes of this definition, the term "qualified property" means property of any kind belonging to another, but excluding animals, motor vehicles and business inventory to be liquidated following or in connection with the closing of a business. The term "auction house" does not include a secondhand dealer. Auctioneer. A person who cries out or otherwise requests or solicits bids for purposes of offering to sell property to the highest bidder. Auto Broker. A facility or area used primarily for the wholesaling of used motor vehicles, typically on an intermediary basis between an auction house and a used car dealership. The term does not include a facility or area used for the retail sales of used vehicles. Auto Dealer Inventory Storage. The parking or storage, other than for purposes of display, of new motor vehicles which constitute inventory of a new motor vehicle sales dealership, where such parking or storage is maintained by the dealership either on the same parcel as the dealership or on a separate parcel. Auto Parts (Accessory Installation). A facility for the retail sale and installation of auto accessories such as stereos, alarms and other types of accessories. Auto Parts (New & Rebuilt). A facility for the retail sale and installation of lubricating oils, tires, filters and other new or rebuilt goods for use in motor vehicles. The resurfacing of rotors, pressing of bearings, grinding of brake drums, and similar activities are permitted as incidental uses, as well as the installation of auto accessories. Auto Repair Garage, Major. A facility for the repair or reconditioning of any type of motorized vehicle, other than the types of repair and service authorized to be performed in a minor auto repair garage. The term includes a facility that provides collision services, including body, frame, or fender straightening, repair and painting of vehicles in an appropriate paint booth, and a facility that performs any repairs to vehicles with a gross vehicle weight over 10,000 pounds. Page 687 Auto Repair Garage, Minor. A facility for the performance of minor repairs and service on vehicles of 10,000 pounds gross vehicle weight or less. Such repairs and service are limited to electronic tune ups, brake repairs (including drum turning), air conditioning repairs, generator and starter repairs, tire repairs, front end alignments, battery recharging, lubrication, selling/installing minor parts and accessories, and other similar activities. The term also includes the repair and installation of other minor elements of an automobile such as windshield wipers, hoses, windows, etc., but excludes general engine repairs, engine installation, and the repair and installation of transmissions and differentials. Auto Sales Showroom. A completely enclosed facility for the display, storage and sale (or leasing) of new or used automobiles and trucks, along with related accessories. This use does not include a motor vehicle sales use as defined in this Title and does not include any ancillary activity normally associated with such uses, including without limitation the service, repair and rental of vehicles. Auto Smog Check. A facility for the testing of vehicle emissions. Auto Title Loan. A business whose primary function is to lend money on the security of the title to a motor vehicle rather than on the security of the vehicle itself. Automobile Detailing Shop. Any building or premises used for washing and cleaning of passenger vehicles. Automobile Rental. A facility for the rental of new or used automobiles or other passenger vehicles. For purposes of the limitations of this Title on outside storage, vehicles kept on a lot for rental purposes are not considered to be outside storage. Automobile Repossession Agency. Any parking area used for the storage of up to two operable vehicles which have been repossessed by or on behalf of a lender, together with related office operations. The term does not include the storage of more than two vehicles, which shall be treated as if the use were motor vehicles sales. Auxiliary Kitchen. A second kitchen in a single family detached dwelling that is: 1. Intended solely for use by members of the household for private dinner parties or social gatherings; and 2. Not located within an accessory structure and is directly accessible from the rest of the dwelling. Average Daily Traffic (ADT). The average number of motor vehicles per day that pass a given point. Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Awning Sign. Any sign that is a part of or attached to an awning, or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. Bailbond Service. An establishment that makes available to the public undertakings of bail in connection with judicial proceedings. Bakery, Retail. A retail establishment which specializes in the sale of baked goods, such as doughnuts, cookies, pastries and other similar goods, but does not provide meals as found in a restaurant. Banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Banquet Facility. Establishment which is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries, and other similar celebrations. Such a use may or may not include: 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premises consumption, only during an event, and 3) outdoor gardens or reception facilities. Basement. A story partly or completely underground. A basement shall be counted as a story for purposes of height measurement where any portion of a basement has more than one-half of its height above grade. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. Page 688 Beer/Wine/Cooler Cultural Establishment. An establishment: 1. Whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers for consumption only: a. At a museum, performing arts theater, or facility licensed as an art studio or otherwise licensed for art sales or display (or both); and b. During the hours of an artistic exhibition, presentation or performance; and 2. That meets the criteria for a beer/wine/cooler cultural establishment as set forth in LVMC 19.12.070. Beer/Wine/Cooler Off-Sale Establishment. An establishment whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where the business is conducted, and is operated in connection with a grocery store, drugstore, convenience store, restaurant, general retail store or ancillary brew pub (as last referenced in LVMC 6.50.085). (Ord. 6681 §6, 04/03/19) Beer/Wine/Cooler On-Sale Establishment. An establishment whose license to sell alcoholic beverages is limited to the sale of beer, wine and coolers only for consumption on the premises where the same is sold. (Ord. 6266 §36, 09/04/13) Beer/Wine/Cooler On- and Off-Sale Establishment. An establishment: 1. Whose license to sell alcoholic beverages is generally limited to: a. The sale of beer, wine and coolers for consumption only in connection with a meal on the premises where the business is conducted; and b. The sale of beer, wine and coolers to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where the business is conducted; and 2. That is operated in connection with one of the following: a. Restaurant; b. Grocery store; c. General retail store; d. Convenience store in which 30 or more people may be served with meals at any time at tables or stools; e. Beer wine room with an ancillary brew pub, in in accordance with LVMC 6.50.085; or f. Beer wine room that holds a Nevada license as a brew pub, in in accordance with LVMC 6.50.050(B)(7). (Ord. 6681 §7, 04/03/19) Benchmark. Grade elevations as determined by standardized vertical ground controls established by the National Geodetic Survey, the City of Las Vegas or Clark County. Billiard Parlor or Pool Hall. A business establishment whose principal purpose is to make billiard tables available for use by the public for amusement or entertainment. Block. Property designated on an officially recorded map and bounded by streets and other natural or physical barriers which make it a unit not to exceed 660 feet in length. Blood Plasma Donor Center. A building used for the collection of human blood plasma from plasma donors. The term does not include a facility for the provision of medical care or treatment. Boat and Trailer Dealership (New and Used). The use of any building or lot for the display and sale of new or used boats, jet skis or other marine vessels, along with corresponding trailers. Bubbler Heads. An irrigation head that delivers water to the root zone by "flooding" the planted area, usually measured in gallons per minute. Bubblers emit a trickle, umbrella or short stream pattern. Page 689 Building. A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. "Building" includes "structure". Building & Landscape Material/Lumber Yard. A facility for the sale of home, lawn and garden supplies and construction materials such as brick, lumber and other similar materials. Buildable Area. That portion of a building site exclusive of the required setback areas in which a structure or building improvements may be erected including the actual structure, driveway, parking lot, pool and other construction as shown on a Site Development Plan. Building Coverage. The ratio of the horizontal area measured from the exterior surface of exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot area. Building Elevation. The exterior face of a building, including all vertical elements of the building facing in the same general direction. Building Facade. That portion of any exterior elevation of a building extending from grade to top of parapet, wall, or eaves, together with the entire width of the building elevation. Building Height. Building height refers to the vertical distance between the average finished grade along the front of a building and either 1) the highest point of the coping of a flat roof; 2) the deck line of a mansard roof; or 3) the average height level between the eaves and ridge line of a gable, hip or gambrel roof. Building Line. A line established by measuring from the property line, a distance equal to the required setback line, which is generally parallel to the curb line or edge of pavement. No part of a building shall project into the area between the property line and the building line except as otherwise provided in this Title. Building Maintenance Service & Sales. A facility or area for contracting services such as building repair and maintenance, the installation of plumbing, electrical, air conditioning and heating equipment, janitorial services, and exterminating services. The retail sale of supplies is permitted as an accessory use. Building Marker. Any sign indicating the name of a building, date or incidental information about its construction. Building markers are cut into the exterior building materials or made of bronze or other permanent material. Building Mass. The height, width and depth of a structure. Building Permit. Written permission issued by the Department of Planning and Development for the construction, repair, alteration or addition of a structure. Building Scale. The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings. Building Site. The total area of the building together with all yard areas adjacent thereto, as required by this Title. Building, Detached. One building on one building lot surrounded by yards or open space; or buildings in a building group that are physically detached one from the other. Building, Principal. A building in which the principal use of the lot is conducted. Build-to Line. A line established at a certain distance from the corresponding lot line along which the building, or a portion thereof, must be built. Bus Charter Service & Service Facility. Any premises for the transient housing, parking, servicing or repair of motor- driven buses. Business School. A facility or area for instruction and training in secretarial and related office skills, cosmetology, commercial art, computer software, cooking or similar training. Caliper. The diameter of a tree trunk measured four and one-half feet above the ground. Page 690 Canopy. A rigid roof, generally supported at all corners or extremities by poles, posts or direct attachment to a building. A canopy typically has little vertical or wall space on it and is only as thick as necessary to create a functional roof. See "Marquee" and "Awning." Canopy Sign. A sign attached to or painted on a canopy. Car Wash, Full Service or Auto Detailing. An establishment that provides for the washing, cleaning, waxing or detailing of passenger vehicles, either by means of employees or by means of automated or semi-automated methods of cleaning, or by a combination thereof. Car Wash (Self-Service). A coin operated car wash facility operated by the customer and which does not utilize automobile conveyors or other automatic methods of cleaning. Carport. A permanent roofed structure for vehicle parking which is not completely enclosed. Casino. A room or structure whose principal use is for the conduct of gaming activities. Catering Service. A service that provides for the preparation, storage, and delivery of food and food utensils for off- premise consumption. Cemetery/ Mausoleum. Property and facilities used for interring of the dead. Changeable Copy Sign. Any sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. The message may be changed manually or electronically. Animated signs shall not be considered changeable copy signs. Chat. Coarse fragments of hard silica rock principally used for railway ballast, highway construction and concrete production. Check Cashing Service, Limited. The service of cashing checks for a fee, service charge or other consideration as a service that is supplemental to a retail business that otherwise does not provide services normally associated with a financial institution. The term does not include a general financial institution, specified financial institution, or any business that provides any kind of loan, cash advance, or deferred deposit service. Church, House of Worship. Any building used for religious worship services, religious education and fellowship activities and programs of a religious organization. The term includes the use of the building and premises for other related activities, such as child care, formal educational programs, preschool classes and recreational activities, but only when those activities are ancillary to the religious use and only after those uses have been approved by means of a use review or other procedure under Chapter 19.16. The term does not include any class of child care center, general education classroom or facility, thrift shop, homeless shelter or commercial activity. City. The City of Las Vegas, Nevada. City Council, (Council). The Mayor and City Council of the City of Las Vegas, Nevada. City Standards. In their most recent editions and with the most recent amendments adopted by the City, the Standard Drawings for Public Works Construction Off-Site Improvements, Clark County, Nevada, Uniform Standard Specifications for Public Works Construction Off-Site Improvements, Clark County, Nevada; Uniform Regulations for the Control of Drainage and Hydrologic Criteria and Drainage Design Manual, Clark County Regional Flood Control District; Design and Construction Standards for Wastewater Collection Systems of Southern Nevada; Summerlin Development Standards; Summerlin Revised Improvement Standards; Urban Design Standards; Landscape, Wall and Buffer Standards; and any other engineering, development or design standards and specifications adopted by the City Council. The term includes standards for public improvements and standards for private improvements required under this Title. Civic Event Sign. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church or religious institution, civic fraternal or other organization. Page 691 Cleaners, Commercial/Industrial. A facility or premises which is used for cleaning items in bulk quantities, such as clothing and linens. The term includes diaper cleaning services and cleaning services for hospitals, restaurants, hotels and similar clients, as well as rug and dry cleaning plants, and may include on-premise retail services to individual households as a use incidental to the operation of the plant. Clinic. A facility which is occupied and used for the purpose of providing dental or medical care, and which regularly provides any of those services to the general public on an emergency basis or without appointment. The term does not include a hospital or a facility which provides for the overnight care or overnight stay of patients. Club. Private quarters for a private organization; a principal purpose of which is the preparation and service of food and/or drink for members and their guests only. Cold Storage Plant. A facility for the protective storage or items such as food or furs, in a refrigerated place. College, University or Seminary. A college or university is an academic institution of higher learning beyond the level of secondary school. A seminary is an institution for the training of candidates for the priesthood, ministry, rabbinate or other religious order. Collocation. The use of wireless communication facilities by more than one communication provider. Commercial Message. Any sign wording, logo or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, idea or commercial activity. The term does not include sign copy that consists solely of the electronic indication of time, temperature, or both. Commercial Recreation/Amusement (Indoor). An enclosed facility or area for sport, entertainment, games of skill, or recreation that is open to use by the general public for a fee. The term includes without limitation bowling alleys, indoor miniature golf courses, roller and ice skating rinks, game courts, swimming pools, walk-in movie theaters, physical fitness centers, gyms, billiard parlors/pool halls, and video arcades. Commercial Recreation/Amusement (Outdoor). An outdoor facility or area for sport, entertainments, games of skill or recreation that is open to use by the general public for a fee. The term includes without limitation game courts, water slides, golf courses, outdoor miniature golf courses, drive-in theaters, batting cages, practice/instructional fields, amusements parks, amphitheaters, and sports events. Commercial Vehicle. A vehicle customarily used as part of a business for the transportation of goods or people. Commission. The Planning Commission of the City of Las Vegas. Common Interest Community. Real estate with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for real estate other than that unit. "Ownership of a unit" does not include holding a leasehold interest of less than twenty years in a unit, including options to renew. Communication Provider. A person or entity that provides a communicative service to the community by means of transmission lines or by electronic transmission via wireless service, such as radio, television, microwave or other means of communicative transmission. Community Center, Private (Accessory). A facility associated with a planned residential development or multi-family development which provides for community activities for residents of the development. Community Garden. An area of land established and used for gardening by a community-based organization or other group of people, with the intent of harvesting vegetables, fruits, flowers and herbs for personal consumption or for sales or distribution to the community on a limited basis. The term does not include a garden that is incidental to a residential use and whose products are intended for the use of those residing on the parcel. (Ord. 6189 § 7, 05/02/12) Community Interior Directional Sign. A sign placed within the interior of a subdivision to provide directions within the subdivision. Page 692 Community Recreational Facility, Public. A facility which provides for community activities and is available to the general public. Community Residence. A residential family-like living arrangement for five to ten unrelated individuals with disabilities who are in need of the mutual support furnished by other residents, as well as the support services, if any, provided by the operator of the Community Residence. Residents may be self-governing or supervised by a sponsoring entity or its staff which furnishes habilitative or rehabilitative services related to the needs of the residents. Interrelationships among residents are an essential component of a Community Residence. A Community Residence shall be considered a residential use of property for purposes of all zoning and building codes. However, the Fire Marshal, pursuant to and consistent with the City's Fire Code, may require enhanced fire protection, including the installation of fire sprinklers and other mitigating measures, where one or more residents has a lessened ability to ambulate adequately. The use includes a Family Community Residence and a Transitional Community Residence, but does not include any of the following: 1. Senior Citizen Apartment; 2. Individual Care Center; 3. Convalescent Care Facility/Nursing Home; 4. Facility for Transitional Living for Released Offenders; 5. Facility to Provide Testing, Treatment, or Counseling for Drug and Alcohol Abuse; 6. Hospice; 7. Sex Offender Counseling Facility; 8. Boarding House or Rooming House; 9. Any other group living arrangement for unrelated individuals who are not disabled; or 10. Any of the following, as defined by NRS Chapter 449: a. Facilities for the Treatment of Drug and Alcohol Abuse; b. Modified Medical Detoxification Facilities; c. Transitional Living Facilities for Released Offenders; d. Facility for the Treatment of Narcotics; or e. Community Triage Center. Condominium. A multi-family dwelling or a commercial building within which the occupied area is owned individually and the structure, land, common open space areas and facilities are owned by all of the owners on a proportional, undivided basis. Connectivity. A measure of how efficiently a transportation network provides access between destinations. Connectivity Ratio. A measure of connectivity computed by taking the ratio of links (street segments) to nodes (intersections and cul-de-sac terminuses). It is determined by dividing the number of street segments (street sections between intersections and or cul-de-sac terminuses) by the number of intersections and cul-de-sac terminuses. For the purposes of this calculation, proposed street intersections with existing roads and stub roads for future access to vacant developable lands shall count as 0.5 intersections. Consolidated Sign. An oversized freestanding ground sign which advertises one or more tenants within a nonresidential development. Consolidation occurs when the conditions for such signs are met, and the area for multiple signs is consolidated into one sign. Construction Material Supply Yard. A facility for the storage and sale of construction materials. Construction Permit. A permit issued pursuant to the City's building and technical codes for construction. Contractor's Plant, Shop & Storage Yard. A facility for the storage and maintenance of contractor's supplies and operational equipment. Offices are considered an accessory use. Page 693 Contributing Property. A classification applied to an individual property within a designated Historic District, signifying that the property contributes generally to the distinctive character of the District, or an archeological site. Convalescent Care Facility/Nursing Home. A building or structure designed, used, or intended to be used to house and provide care for persons who have a chronic physical or mental illness or infirmity, but who do not need medical, surgical or other specialized treatment normally provided by a hospital. The term includes a "rest home" and "nursing home," as well as a use that would qualify as a Community Residence except for the limitation on the number of residents, but does not include an "assisted living apartment," "hospital" or other medical facility that is specifically defined in this Chapter. Covenant, Public Improvements. A recorded agreement wherein the owner and all successors in ownership of a parcel of land acknowledge and consent that normal public improvements required under this Code have been deferred with concurrence of the City until such future time that the improvements are then required to be installed per written request of the City or via a special improvement district, or other means, either individually or jointly with other land owners in the vicinity of the parcel. (Also referred to as a "covenant running with land agreement".) Convent or Monastery. A house or set of buildings used as a residence by persons under religious vows. Convention Facility. A structure which has at least 100,000 square feet of floor space utilized for scheduling, hosting or accommodating a convention, trade show or temporary event whether the activity is open or closed to the general public. For purposes of this Title, the term includes a stadium facility that is operated in conjunction with a convention facility. Convenience Store. Except as otherwise provided in this definition, a facility designed to have a minimum size of 1200 square feet and no more than 5000 square feet of floor space, exclusive of warehouse and office area, devoted to the display of merchandise, that is primarily used for the retail sale to the public of merchandise for off-site consumption, including prepackaged food products, sundries, household items and similar consumer items. The minimum size requirement referred to above does not apply to a convenience store located within a mixed-use development. The term does not include a retail business licensed as a "drugstore" pursuant to LVMC Title 6. (Ord. 6607 § 2, 12/06/2017) Co-op. A multi-unit structure that is held in common ownership, where the entire structure and underlying real property are owned in common, rather than where individual units are under separate ownership. For informational purposes, such structures may be referred to as co-ops, cooperative housing, tenants in common, and similar terms. (Ord. 6196 §7, 05/16/12) Copy Center. A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, small offset printing, blueprint, and facsimile sending and receiving. Corner Lot. A lot situated at the intersection of two or more streets, with frontage on at least two streets. Cottage Food Operation. An operation which manufactures or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, if each such food item is: 1. Sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer, including, without limitation, a farmer's market, flea market, swap meet, church bazaar, garage or yard sale or craft fair, by means of an in-person transaction that does not involve selling the food item by telephone or via the Internet; and 2. Sold to a natural person for his or her consumption and not for resale. Page 694 As used in this definition, "food item" means any of the following: Nuts and nut mixes; candies; jams, jellies and preserves; vinegar and flavored vinegar; dry herbs and seasoning mixes; dried fruits; cereals, trail mixes and granola; popcorn and popcorn balls; or baked goods that are not potentially hazardous foods; do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes; and do not require time or temperature controls for food safety. (Ord. 6301 §6, 03/05/14) Country Club, Private. A facility that is made available for use on a membership basis for recreational or athletic purposes, where membership is limited and the use of the facility is primarily restricted to members and their guests. The term includes accessory uses, such as: 1. A clubhouse. 2. Retail and restaurant facilities which do not have separate signage or advertising. County. Clark County. Court. An open, unoccupied space, other than a required yard, on the same lot with a building and bounded on two or more sides by the walls of a building. Crematory. A facility used for the cremation of corpses. Crop Production. An area for raising or harvesting agricultural crops, generally operated on a large-scale commercial basis with accompanying wholesale and retail sales. The term does not include a , marijuana cultivation facility, a community garden, a garden that is incidental to a residential use and whose products are intended for the use of those residing on the parcel, or any other use involving the production of plant material that is specifically defined in this Title. (Ord. 6189 § 5, 05/02/12) (Ord. 6587 § 9, 06/21/17) Cul-de-sac. A local street with only one connection to other streets and with an approved method of termination at the closed end. Curb. A stone, concrete or other improved boundary usually marking the edge of the roadway or paved area. Curb Cut. The opening along the curb line at which point vehicles may enter or leave the roadway to access adjacent property. Custodial Institution. One or more buildings and related facilities used for the housing or detention of persons who have been charged with or have been convicted of felonies or misdemeanors. Custom & Craft Work. A facility in which finished, personal or household items which are either made to order or which involve considerable handwork are produced. Examples include, but are not limited to textiles, pottery, furniture repair or refinishing, wood working, upholstery, sculpting and other work or wood products on an individualized single item basis. The term does not include cabinet making, cabinet assembly or the use of mechanized assembly line production. Cut. The excavation and mechanical removal of earth material. Cut and Fill. The excavation and mechanical removal of earth material, and the relocation thereof, for purposes of altering the level or slope of land. Daily Labor Service. Any building or premises which serves as a staging point or gathering place for persons who are seeking immediate employment in daily labor activities and who accept or are assigned such employment in accordance with whatever employment is available on that particular day. For purposes of this paragraph, "daily labor" means manual labor, including without limitation, construction cleanup, garbage pickup and removal, demolition, convention setup and takedown, landscaping, planting and digging. Deciduous Shade Tree. A tree that sheds all its leaves every year during a certain season. Page 695 Decorative Block. Generally refers to non-standard masonry building block. The face of the block is typically textured and contains a non-standard finish or shape. Gray, smooth finish CMU is not considered decorative block. Decorative Wall. A masonry wall where at least 20 percent of the wall is of a type of masonry which is differentiated by texture, color, style or a combination of all three characteristics. Deed. A legal document conveying ownership of real property. Delivery and Service Vehicle Storage. The use of an area or facility for the parking and storage of commercial fleet vehicles that are used primarily in connection with the delivery of goods and services to the surrounding community. Density. The number of families, individuals, dwelling units, households or housing structures per unit of land. Department. The City's Department of Planning. Design. The design elements of a development site, including the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all easements and rights-of-way; lot size and configuration; traffic access; grading; land to be dedicated for parks or recreational purposes; building design and configuration; landscaping and open space; and other such specific physical requirements. Designated Property. Any property which has been classified as a Landmark, Historic Property or a contributing property within an Historic District. Desktop Publishing. An establishment that provides custom set-up of graphics and text for publication in an office setting. The term does not include an establishment that performs off-set printing or related distribution. Detached. Any building or structure that does not have a roof or wall in common with any other building or structure. Determination of Application Sufficiency (Completeness). A determination that an application for review and approval of a parcel map, tentative, or final map is or is not complete at the time of filing. Failure to submit all required forms, fees, studies, drawings, maps and other submission requirements may result in a finding of insufficiency, and no further review or effort to schedule the application for processing is required until sufficiency is achieved. Development Entry Statement Sign. A sign placed at the entry to a subdivision, apartment development, or identifiable community to identify the subdivision, apartment development, or identifiable community. Development Plan. A map or maps that identify in the proposed general land use designations, design standards, transportation plans, open space and community facilities. Development Standards. Documentation that identifies the requirements and standards for commercial and residential development, including, but not limited to, densities; building height, bulk and setback requirements by land use type; signage; landscaping; parking; open space. The "Design Standards Manual," to the extent adopted by the City Council, contains required development standards for development within the City. Development. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; or any use or extension of the use of land. Director. The Director of the Department of Planning of the City. Directory Sign. A sign that provides a map or listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification only. Disability or Disabilities. Refers to: 1. A physical or mental impairment which substantially limits one or more of such person's major life activities; 2. A record of having such impairment; or 3. Being regarded as having such an impairment. Page 696 The terms are intended to be coextensive with the terms "handicap" and "disability" as set forth in Federal fair housing legislation and other Federal legislation protecting individuals with a handicap or disability. The terms include the impairment associated with recovery from alcohol and drug abuse, but do not include impairment caused by current, illegal use of, or addiction to a controlled substance. Domestic Animal. Any animal which is not a wild or exotic animal and which is typically considered to be capable of being kept in or near residential dwellings. Drainage Facilities. Any type of on-site or off-site berm, containment, conveyance, inlet or discharge improvement to manage storm or nuisance waters within, through or adjacent to a development site. Drainage Facilities, Type A. Refers to lots which are graded to drain surface water directly to the street independently of other properties. Drainage Facilities, Type B. Refers to lots which are graded to drain surface water from the rear yards of lots which are higher in elevation onto adjacent lots which are lower in elevation. Surface water from the front and/or side yards drains to the street independently of other properties. Drainage Facilities, Type C. Refers to lots which are graded to drain all surface water from lots which are higher in elevation onto lots which are lower in elevation. Drive, Private. A private roadway that provides access: 1. To a limited number of individual dwelling units and their respective garage units, driveways or parking spaces within developments in which the private roadway is held in common; or 2. Within a commercial subdivision. A private drive typically is a dead-end or looped roadway that intersects with a public roadway. Drive-Through. The use of a dedicated drive lane that, incidental to a principal use, provides access to a station, such as a window, door or mechanical device, from which occupants of a motor vehicle receive or obtain a product or service. Driveway. The improved area that provides ingress and egress between a roadway and adjoining property. Drought Tolerant Plant. A plant that can survive with minimum supplemental water, as defined by the Las Vegas Valley Water District. Dry Cleaners. A facility which is used to provide, to individual households, cleaning services for items such as clothing and linens. The term includes such facilities whether the plant operation is located on- or off-site. Duplex. A building containing two attached single family dwelling units totally separated from each other by an unpierced wall extending from ground to roof with both dwellings located on the same lot or parcel. Dwelling. A structure with one or more rooms that is used exclusively for human habitation; designed, occupied, or intended for occupancy as a separate living quarter with sleeping, cooking and sanitary facilities provided. Dwelling, Attached. A one-family dwelling attached to two or more one-family dwellings by common vertical walls. Dwelling, Detached. A dwelling that is not attached to any other dwelling by any means. Dwelling, Multi-family. A building or group of buildings which contain at least three attached dwellings and may include units that are located one over the other. Dwelling, Patio Home. A single family detached dwelling with open space setbacks on three sides and with a court. Dwelling, Single Family Attached. A dwelling unit attached to one or more other dwelling units where each dwelling unit is located on a separate lot. (Such a dwelling unit could include duplexes, townhouses, four-plexes, six-plexes, etc.) Dwelling, Single Family Detached. A dwelling unit: 1. That is not attached to any other dwelling by any means; Page 697 2. That is located on a separate and individually owned lot; 3. That is surrounded by open space or yards; 4. That is for the exclusive use of a single family maintaining a household; 5. That has no more than one kitchen with full kitchen facilities; and 6. In which all rooms used for human habitation must have interior access to one another. Nothing in this definition, however, prohibits the construction or use of a Class I accessory structure in accordance with this Title or the construction or use of an auxiliary kitchen as defined in this Chapter. Dwelling, Townhouse. A row or cluster of at least three attached dwellings in which each dwelling is located on separately owned lot; each unit is separated by one or more common vertical walls; each unit has its own front and rear yard access; and no unit is located over another unit. A townhouse complex may include common open space and recreational areas and facilities which are owned by all owners on a proportional, undivided basis. Dwelling Unit. One or more rooms, designed, occupied, or intended for occupancy as a separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining the household. Easement. A grant of one or more property rights by the property owner for use by the public, a corporation or another person or entity as defined by the granting document. Egress. An exit. Electric Generating Plant. A facility that generates electricity from mechanical power produced by solar, gas, coal, hydraulic power sources or nuclear fission and that is properly licensed or franchised by the authorities having jurisdiction. Electric Message Unit. A sign or portion of a sign which provides a message, image or combination of the two that is changed electronically. A sign that is changed fewer than eight times per 24-hour period or that is changed only to reflect changing time or temperature shall not be considered an electric message unit under this Chapter. Electric Utility Substation. A facility for transforming electricity for distribution to individual customers. Electrical, Watch, Clock, Jewelry & Similar Repair. An establishment that provides repair services for small electronics, clocks, watches, jewelry and other similar items. Electronic Reader Board. A sign or portion thereof which can be electronically changed or rearranged without altering the face or the surface of the sign. The term does not include a sign on which the only copy that changes is an electronic or mechanical indication of time or temperature. Elevation. (1) A vertical distance above or below a fixed reference level; (2) A fully dimensional drawing of the front, rear and sides of a building showing features such as construction materials, design, height, dimensions, windows, doors, other architectural features and relationship of grade to floor level. Embellishment. A frame or bracket around the outside of a sign that is used to define the boundaries of or hold the sign, or an extension around the outside of the sign that is used as decoration. Emergency Ambulance Services, Ground. A facility which provides emergency ambulance service and does not include the use of helicopters. Employment Agency. Any establishment, other than a daily labor service, which provides one or both of the following: 1. Assistance to employers in finding and employing permanent or temporary employees, whether part-time or full- time. 2. Assistance to potential employees in identifying and obtaining permanent or temporary employment, whether part- time or full-time. Engineer. A person currently registered as a professional engineer under the provisions of NRS Chapter 625. Page 698 Enlargement. An increase in the size of an existing structure or use, including physical size of the property, building, parking and other improvements. Entrance, Public. Any exterior entrance to a building regularly used by the public for ingress or egress. Entrances to storage areas, emergency exits and employee entrances are not considered public entrances. Environmentally Hazardous Materials. The location of activities or products which have the potential to be dangerous, extremely obnoxious, or cause substantial environmental impacts on or beyond the boundaries of the property on which the activity or use is conducted. Environmentally hazardous materials include, but are not limited to, the following activities: 1. The manufacture, storage and testing of explosives, fireworks or munitions. 2. The refining of petroleum and the storage and distribution of natural and liquid gas or other petroleum derivatives in bulk including terminals, tank farms or other similar facilities. 3. The manufacture, blending, or mixing of pesticides, certain acids and fertilizer. 4. Stockyards; feed pens; livestock sales with pens and/or shipping facilities; rendering of animal fats; slaughtering or processing of animals; and industrial manufacturing process using the following raw materials: bones, garbage, offal and dead animals. 5. The refining of raw materials, such as, but not limited to, chemicals, rubber, wood or wood pulp, into other products. 6. The forging, casting, melting, refining, extruding, rolling, drawing or alloying of metals. 7. The testing of jet engines or other engines. 8. Refuse disposal services not listed elsewhere in the Title, including but not limited to landfills, incinerators and other locations which receive garbage and refuse generated off-site for storage, treatment or disposal. 9. Boiler works. Erect. To "construct," "reconstruct," "alter," "move in," or "move upon". Establishment. A use, building, structure or premises which is used for business, office, or commercial purposes. Evergreen Tree. A tree, either broad leaf or conifer, which maintains at least a portion of its leaves or needles throughout the year. Existing Use. Unless otherwise specified, the use of a lot or structure at the time of the enactment of this Title or an amendment thereto. For purposes of applying any limitation or requirement of this Code with regard to distances between uses, a use shall be deemed to be an existing use if any necessary special use permit approval has been obtained for such use or, if no such approval is necessary, a building permit has been properly issued for the structure in which the use will occur. The lapse of any necessary special use permit approval or, alternatively building permit approval regarding the use shall be sufficient to remove the its status as "existing" for purposes of applying measurement criteria. Facility for Transitional Living for Released Offenders. A dwelling unit of a residential character that provides housing and a living environment for up to six persons who have been released from prison and who require assistance with reintegration into the community, other than such a residence that is operated or maintained by a state or local government or an agency thereof. The term does not include a Transitional Community Residence or a Facility for the Treatment of Abuse of Alcohol or Drugs. As used in this definition, "person who has been released from prison" means: 1. A parolee; 2. A person who is participating in: a. A judicial program pursuant to NRS 209.4886 or 213.625; or b. A correctional program pursuant to NRS 209.488 or 213.632; 3. A person who is supervised by the Division of Parole and Probation of the Department of Public Safety through residential confinement pursuant to NRS 213.371 to 213.410, inclusive; or Page 699 4. A person who, within the past twenty years, has been released from prison by expiration of his term of sentence. Facility to Provide Testing, Treatment, or Counseling for Drug or Alcohol Abuse. A facility that: 1. Operates under or is subject to the provisions of NRS Title 40 and, by means of certified detoxification technicians or otherwise, provides care or treatment related to the physical and mental effects of the abuse of alcohol or drugs, or the effects of alcohol or drug dependency; or 2. Provides court-ordered or court-sanctioned testing, analysis, treatment or counseling related to the physical and mental effects of the abuse of alcohol or drugs, or the effects of alcohol or drug dependency. Family. With respect to the occupancy of a dwelling unit: 1. One or more individuals related by blood, marriage, adoption, guardianship or legal custody; or 2. No more than four unrelated individuals living together as a single housekeeping unit. Family Community Residence. A Community Residence other than a Transitional Community Residence. Farmers' Market. An outdoor arena that is used exclusively, or on a regular or temporary basis, for the retail sale of items that are: 1. Limited to seasonal produce, freshly baked goods, other food items, handmade crafts and art; and 2. Sold directly to consumers by the producers of those. A business that may be licensed as a farmer's market under Title 6 but whose activities are broader in scope than those listed above will be classified as a Swap Meet or under another applicable Title 19 category. Fee Schedule. The schedule of fees which has been adopted by the City Council and which authorizes the City to charge fees for the processing of applications and other activities in connection with zoning and development approval. Fence. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. Fill. The placement of sand, gravel or other earth material for purposes of building up the level of land or altering slope. Final map. A map prepared in accordance with the NRS Chapter 278 and the provisions of LVMC 19.16.060 of this Title. Final Map Technical Review. The process by which all technical aspects of a proposed final map are reviewed, excluding the final submittal of approvable mylar copies in preparation for recordation. Financial Institution, General. Any business or organization which: 1. Holds or receives deposits, savings or share accounts; 2. Issues certificates of deposits; 3. Provides to its customers other depository accounts which are subject to withdrawal by checks, drafts or other instruments or by electronic means to effect payment to a third party; or 4. Engages in business as a mortgage banker under NRS Chapter 645E. The term includes without limitation a bank, savings and loan association, savings bank, mortgage bank, thrift company or credit union. Financial Institution, Specified. Any business whose primary function is to lend money; to cash checks or other negotiable instruments for a fee, service charge or other consideration; or to provide funds in exchange for the acceptance of a check on a post-dated or deferred-deposit basis. The term includes without limitation a business that provides check cashing services as a principal service offered, a paycheck advance service, and any business primarily providing cash loans, installment loans or cash advances. The term does not include a pawn shop or a limited check cashing service, as defined in this Section. Finished Elevation. The proposed elevation of the land surface of a site after completion of all site preparation work. Page 700 Flag. Any fabric, banner or bunting containing distinctive colors, patterns, logos or symbols, used as a representative symbol of a government, political subdivision or private entity. Floor Area, Gross. The sum of the gross horizontal areas of all the floors of a building or structure measured from the exterior face of exterior walls, but excluding any space where the floor-to-ceiling height is less than six feet. Floor Area, Net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, and interior vehicular parking or loading. The term excludes any floors which are not used or intended to be used for human habitation or service to the public. Floor Area Ratio. The gross floor area of all buildings or structures on a lot divided by the total gross lot area. Food Processing. A facility in which food for human consumption is provided in its final form, such as candy, baked goods and ice cream, and the food is distributed to retailers or wholesalers for resale on or off the premises. The term does not include food or beverage processing which uses any mechanized assembly line production of canned or bottled goods. Fraternity, Sorority House or Private Dorm. A residential building associated with a college or university that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking, recreation or bathing facilities. Freestanding Sign. A detached sign which is supported by columns, uprights, poles or braces from the ground or from an object on the ground, or a detached sign which is erected on the ground, provided that no part of the sign is attached to any part of any building, structure, or other sign. Functional Classification. A classification system that defines the purposes and hierarchy of all streets and highways within the Master Plan of Streets and Highways. Gaming Establishment, General Business Related. A building or structure which is primarily used for some business other than gaming but in which restricted gaming is permitted pursuant to Title 6. For purposes of the Special Use Permit requirements of this Title, the term does not include a location that has obtained and maintains current licensing and zoning approvals to sell alcoholic beverages. Gaming Establishment, Non-restricted. An establishment which is used or intended to be used for the conduct of gaming activities for which a non-restricted gaming license is required pursuant to LVMC Title 6. For informational purposes, the term refers to an establishment whose gaming operations consist of sixteen or more slot machines, or any number of slot machines together with any other game, gaming device, race book or sports pool at that establishment. When operated in conjunction with a hotel having more than 200 rooms, the use includes any number of ancillary alcoholic beverage-related uses with an on-sale component, without regard to the requirements of LVMC Chapter 19.12, but only to the extent such uses conform to the applicable requirements of LVMC Chapters 6.40 and 6.50. Gaming Establishment, Restricted. An establishment which is used or intended to be used for gaming activities for which a restricted gaming license is required pursuant to Title 6 of the Las Vegas Municipal Code. For informational purposes, the term refers to an establishment whose gaming operations are limited to not more than fifteen slot machines, incidental to the primary business at the establishment, and no other game or gaming device. Gaming or Gambling. Any activities which are regulated pursuant to Chapter 6.40 of the Las Vegas Municipal Code. Garage. An enclosed building, or a portion of an enclosed building, used for the parking of vehicles. Garage, Side-load. A private garage where the overhead doors are perpendicular to the front lot line and generally not visible from a public way. Garage Sale. Garage or Yard Sale means the sale of personal property from a parcel that is located within a residential district and upon which is located a dwelling. Page 701 Garden Supply/Plant Nursery. A facility, generally operated on a commercial basis, for the growing, display, or sale of plant stock, seeds or other horticulture items. This use may include raising plants outdoors or in greenhouses for sale either as food or for use in landscaping. The term does not include either a community garden or a garden that is incidental to a residential use and whose products are intended for the use of those residing on the parcel. (Ord. 6189 § 6, 05/02/12) General Personal Service. A facility for the sale of personal services. Typical personal services include barber/beauty shop, tanning salon, nail salon, shoe repair, tailor, instructional arts studio, photography studio, hand-crafted art studio, safe deposit boxes, house cleaning service, weight reduction center, day spa, florist (excluding greenhouses), astrologer/hypnotist/psychic art or science, dry cleaners, electrical/watch/clock/jewelry or similar repair, and permanent makeup establishment. General Plan. The adopted General Plan or Master Plan of the City, as amended. General Retail Store, Other than Listed. A facility for the retail sale of general merchandise to the general public for direct consumption and not for wholesale. The term: 1. Includes such uses as an antique/collectible store, retail bakery, convenience store, grocery store, drug store, service station and specialty merchandise store. 2. Includes other general retail uses that may be specifically defined in LVMC Chapter 19.18 and whose definitions may include specific limitations and restrictions, which shall apply as described in that Chapter. 3. Does not include uses that are specifically listed in LVMC Chapter 19.12. Gift Basket Limited. A facility which sells alcoholic beverages in original sealed or corked containers in quantities not greater than 25.4 ounces measured in the English system of weights and measures, or in quantities not greater than seven hundred fifty milliliters, measured in the metric system of weights and measurements, to be packaged in a receptacle or a container along with other assorted food items or novelty items, or both, which items have a minimum retail value of thirty-five dollars apart from the retail value of the alcoholic beverages; provided, however: 1. The contents of the gift baskets are not sold separately but, instead, are included as part of the unit price of the gift basket; and 2. The alcoholic beverages are consumed off the premises where the gift basket is sold. Gift Shop Limited. A facility located within the physical structure of a nonrestricted gaming establishment which sells, to customers only and not for resale, alcoholic beverages in original sealed or corked containers in quantities less than one pint, measured in the English system of weights and measures, or in quantities less than three hundred seventy-five milliliters, measured in the metric system of weights and measures, for consumption off the premises where the same are sold. Golf Driving Range. A facility or area that is made available to the public for the practice of golf driving techniques. Governing Body. The City Council of the City. Government Facility. A facility or area used for public purposes and owned or operated by an instrumentality or agency of Federal, State, or local government. Grade. The degree of rise or descent of a sloping surface (see Slope). Grade, Finished. The average proposed level of the finished surface of the ground adjoining a building after all site development work has been completed. Grade, Natural. The average proposed level of the finished surface of the ground adjoining a building prior to site development work. Grading. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades. Page 702 Grand Opening. A one-time promotional activity not exceeding 30 calendar days used by newly established businesses, within two months after occupancy, to inform the public of their location and service available to the community. Grocery Store. A business establishment which occupies all of the business premises of a building or a portion of the business premises of a building which is segregated physically or spatially from the rest of the business premises, and which contains more than five thousand square feet of floor space, exclusive of warehouse and office space, for the display and sale of foodstuffs, whether fresh, frozen, canned or packaged, and may include the sales of other products, including non-food items, alcoholic beverages (if licensed by the City for the sale of alcoholic beverages) and pharmaceuticals, provided the sale of such pharmaceuticals is incidential to the primary business of selling products other than pharmaceuticals. Gross Acreage. The total area within the property lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for a public use are deducted from such lot or parcel. The term does not include adjacent property which has already been dedicated for such purposes. Gross Density. The number of dwelling units per acre of land, without deduction for public streets, easements or other areas to be dedicated. Gross Floor Area. The sum of the gross horizontal areas of all the floors of a building or structure measured from the exterior face of exterior walls, but excluding any space where the floor-to-ceiling height is less than six feet. Ground Cover. Plants grown for their low spreading capabilities for the protection of soils, to prevent growth of weeds and for aesthetic purposes. Group Dwelling. Two or more detached one-family, two-family or multiple-family dwellings, occupying a parcel of land in one ownership, which may have a yard or porch in common, but not including automobile courts, as herein defined. Gun Club, Skeet or Target Range. A facility or area used for archery or the shooting of firearms, whether for practice or sport. Harmonious Relationship. The design, arrangement and location of buildings or other created or natural elements of the urban environment that are sufficiently consistent in design, scale, height, color, character and siting with other buildings, or created or natural elements in the area so as to avoid abrupt or severe differences or incompatibilities. Hazard to Air Navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Health Club. An establishment that operates physical fitness facilities, sports clubs or recreation clubs. Heavy Construction Trade Yard. A lot or facility used for the storage of heavy construction equipment, machinery and vehicles. Heavy Machinery & Equipment (Storage). A lot or facility used for the storage of heavy construction equipment, machinery and vehicles. Height, Airport Zoning. For the purpose of determining the height limits in all zones shown on an airspace zoning map, the datum shall be mean sea level elevation unless otherwise specified. Helipad. A facility for the landing and taking off of helicopters, but with no accessory gas sales, maintenance or other services. Hillside Area. Land with a slope of 15% or greater. Historic District. A designation, in the form of overlay zoning, applied to all properties within an area with defined boundaries, as a result of formal adoption by the City Council, which expresses a distinctive character worthy of preservation. Historic Preservation Plan. A document, formally adopted by the City Council, containing goals and policies directing historic preservation activity within the City. Page 703 Historic Property. A designation, in the form of overlay zoning, applied to an individual property, as a result of formal adoption by the City Council, which expresses a distinctive character worthy of preservation; or an archeological site. Historic Sign. A sign designated as historic in accordance with LVMC 19.10.150 (Q). Home Occupation. An income producing activity conducted from a residential dwelling unit pursuant to LVMC 19.16.180. (Ord. 6301 §5, 03/05/14) Horse Corral or Stable (Commercial). A structure for the keeping of horses, mules or ponies which are boarded for compensation or for use in providing instructional or recreational activities for persons other than occupants of the premises. Hospice. A home for the terminally ill. Hospital. An institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. Hotel, Motel, or Hotel Suites. 1. Hotel. A building or group of buildings whose main function is to provide rooms for temporary lodging where entrance to each room is gained from a completely enclosed area. A hotel may also contain restaurants, conference rooms and personal service shops. The phrase "temporary lodging" refers to a rental period with a normal duration of no more than one week. 2. Motel. A building or group of buildings whose main function is to proved rooms for temporary lodging, rooms which are directly accessible from an outdoor parking area. The phrase "temporary lodging" refers to a rental period with a normal duration of no more than one week. 3. Hotel Suites. A facility offering temporary lodging accommodations to the general public in which rooms or suites may include kitchen facilities and sitting rooms in addition to the sleeping room. The phrase "temporary lodging" refers to a rental period with a normal duration of no more than one week. Hotel, Residence. A multi-dwelling unit for extended stay lodging consisting of efficiency units or suites with a kitchen containing a refrigerator, sink and cooking facilities (such as a stove or microwave), suitable for long term occupancy; customary hotel services such as linen, maid service, telephone and upkeep of furniture; and optional resident and guest amenities such as meeting rooms, club house and recreation facilities. The term does not include facilities which qualify as other types of dwelling units defined in this title. Household Pet. A domestic animal or bird of a kind that traditionally is kept for companionship or pleasure or as a service animal. (Ord. 6229 §11, 12/19/12) HPC. The Historic Preservation Commission. HPO. The Historic Preservation Officer. Hypnotherapy Practice. A facility in which one or more duly licensed or certified mental health professionals provide psychotherapeutic treatment utilizing hypnosis, or training in self-hypnosis conditioning, to patients or clients. For purposes of this definition "duly licensed or certified" means: 1. Licensed by the State of Nevada Psychological Examiner's Board; or 2. Certified by a nationally recognized professional hypnotherapy organization, with a current membership of a least one thousand members, that is dedicated to providing training, continuing education, and performance testing in hypnotherapy. Page 704 Illegal Sign.A sign erected on public property, including the public right-of-way, in violation of this Code; a temporary sign for which the period allowed for its display has expired; or any other sign for which a time period included as a condition of its certificate has expired. Improvement. Any building, structure, landscaping, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment. Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," and "telephone" signs; directory signs and drive-through menu boards; and other similar directives or identifying messages. In order to qualify as an incidental sign, a sign may contain the logo or name of the business that is on the same parcel as the sign but shall not contain any other commercial message legible from a position off the lot on which the sign is located. Individual Care Center. A commercial facility which provides personal care and related services to more than twelve children or dependent adults in a supervised, protective, congregate setting during some portion of a twenty-four hour day. Such a use is subject to the care-related regulations and standards of the State of Nevada. Services typically offered in conjunction with dependent adult care include social and recreational activities, training, meals, and services such as rehabilitation and medication assistance. Individual Care - Family Home. A residential dwelling used primarily as a residence which also provides day or overnight care for a maximum of six children or dependent adults for compensation. Such a use is subject to the care-related regulations and standards of the State of Nevada. Individual Care - Group Home. A facility which provides day or overnight care for a minimum of seven children or dependant adults and a maximum of 12 children or dependent adults for compensation. When located on a single- family residential lot, the provision of care will take place in a dwelling used primarily as a residence. When located on a parcel developed with multi-family housing, the provision of care must take place within a structure not used as a residence. In any case, such a use is subject to the care-related regulations and standards of the State of Nevada. Infeasibility Determination. A determination that the Connectivity Ratio is impractical to meet due to topographic conditions, environmental constraints, and property shape or accessibility. Ingress. Access or entry. Intensity of Use. The number of dwelling units per acre for residential development and floor area ratio for nonresidential development. Interconnectivity. Physical connections of roadways and sidewalks between two or more independent developments or residential subdivisions. Internet/Catalogue Sales Office. An establishment which specializes in the sale of products via the internet or by catalogue for delivery to a customer's home or business. This use may include in-person customer consultations at the establishment. Institutional Sign. An on-premise sign designed to communicate information about any house of worship, school, or other institution that is a permitted use in the subject zoning district. Intra-connectivity. Physical connections of streets and sidewalks within a single development or residential subdivision. Irrigation System. The combination of elements such as automatic controllers, meters, pressure vacuum breakers, pipes, valves, emitters, bubblers, spray heads, tubing and other materials designed for the purpose of transporting water to landscaping. Keg Beer. A facility which sells beer in keg containers having a capacity of at least one-quarter barrel size for delivery only to the premises of a purchaser. Kiosk. A freestanding structure upon which temporary information and/or posters, notices, and announcements are posted. Page 705 Kitchen. That portion of a dwelling unit devoted to the cooking or preparation of food for the purpose of consumption by residents of the dwelling unit. The term includes a "kitchenette," "wet bar" or any area equipped with items such as a counter-top hot plate, counter-top grill, or microwave oven, together with an under-counter refrigerator and sink. "Full Kitchen Facilities" indicates the presence of complete cooking facilities (i.e., stove, oven or microwave oven, refrigerator, and sink). The presence within any food preparation area of a ventilation hood, gas stub, two hundred-twenty volt electrical outlet or wiring, or any combination thereof, shall be considered "full kitchen facilities." Laboratory, Medical or Dental. A facility, other than a hospital, that: 1. Conducts general medical or scientific research, investigation, testing, or experimentation; or 2. Upon referral by or request of a medical professional, provides radiological or medical testing, or creates prosthesis or artificial dental work. The term does not include a facility for the manufacture or sale of other products, except as incidental to the main purpose of the laboratory. The term also does not include a "facility to provide testing, treatment, or counseling for drug or alcohol abuse," as that term is defined in this Section. Land Surveyor. One who is licensed by the State as a land surveyor and is qualified to make accurate field measurements and to mark, describe, and define land boundaries. Landfill. A lot or premises used for the disposal of garbage, trash, refuse or waste material, but not including sewage, which is officially sanctioned by proper authorities of the jurisdiction in which it is located. Landmark. A designation applied to an individual property as a result of formal action by the City Council in accordance with LVMC 19.10.150. Landscaping. The combination of natural elements such as trees, shrubs, ground covers, vines, and other living organic and inorganic material which are installed for purposes of creating an attractive and pleasing environment; screening unsightly views; reducing environmental heat; filtering particulate matter from the air; and boosting oxygen levels. Laundry, Self-Service. A laundry facility that provides coin operated washing and drying machines for customer operation. The term includes a facility that provides additional services such as fluff and fold or dry cleaning, provided that no dry cleaning equipment is located on the premises. The term does not include a laundry room located within a residential development that is provided solely for the use of residents of the development. Library, Art Gallery or Museum (Public). A publicly-operated facility used for: 1. The housing of a collection of books, magazines, audio and video tapes, or other material for borrowing and use by the general public; or 2. The acquisition, preservation, study or exhibition of works of artistic, historic or scientific value. Light Assembly & Fabrication. The assembly or manufacturing of objects or items that: 1. Are made from standard parts or components; 2. Are distinct from the individual parts or components; and 3. Are not of another type of assembly or fabrication specifically described in Table 2, as adopted in LVMC 19.12.010. Linkages. Roadways, sidewalks, access-ways and walkways that connect between adjacent development parcels and subdivisions. Liquefied Petroleum Gas Installation. A facility or system which includes tanks, piping or gas equipment (or any combination thereof) and is used or intended to be used for the storage, dispensing or other utilization of liquefied petroleum gas. Liquefied Petroleum Gas. Any material which is composed predominantly of any of the following hydrocarbons, or mixtures of propane, propylene, butanes (either normal butane or isobutane) and butylenes. Page 706 Liquor Caterer. A person who dispenses, serves or sells alcoholic beverages only for consumption on the premises where the same are dispensed, served or sold during the times, dates and places specified by permit. Liquor Establishment (Tavern). A facility which sells alcoholic beverages for consumption on the premises where the same are sold and authorizes the sale, to consumers only and not for resale, of alcoholic beverages in original sealed or corked containers, for consumption off the premises where the same are sold. Liquor Store. A specialty retail store with a minimum gross floor area of 1200 square feet that deals exclusively in alcoholic beverages and related items including tobacco, magazines, newspapers and packaged snack foods, whose license to sell alcoholic beverages authorizes their sale to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where the same are sold. Entry to minors is not allowed, except as provided for in LVMC 6.50.170. This use includes an establishment that provides on-premises wine, cordial and liqueur tasting if the licensee also holds a wine, cordial and liqueur tasting license for that location. Live/Work Unit. A structure or portion thereof that combines a low-intensity nonresidential work space with an integrated residential space, with the residential space being subordinate and accessory to the nonresidential use. Loading Space. An off-street space or berth used for loading or unloading of cargo, products or materials from vehicles. Lodge or Fraternal Organization. A facility or area for a special purpose organization or for the sharing of sports, arts, literature, politics or other similar interest; but not primarily for profit or to render a service that is customarily carried on as a business, excluding churches, synagogues or other houses of worship. Lot. A tract, plot or portion of a subdivision, addition or other parcel of land whose existence, location and dimensions have been defined on a legally recorded subdivision map, survey map of record or a metes and bounds description occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance and other development regulations, and having its principal frontage upon a public street or officially approved private access easement. Lot includes the words Plot, Parcel, Tract and Premises. Lot Area. That area of a horizontal plane bounded by the front, side and rear property lines including any portion of an easement which may exist within such property lines but exclusive of rights-of-way for street purposes. Lot, Corner. A lot situated at the intersection of two or more streets, with frontage on at least two streets. Lot Coverage. The percentage of lot area covered by all buildings and structures after the area required for dedicated public right-of-way is subtracted. Lot Depth. The length of a line connecting the mid-point of the front and rear property lines. Lot, Double Frontage. A lot (not a corner lot) which adjoins two streets which are parallel or within forty-five degrees of being parallel to each other. On a double frontage lot, both street property lines shall be deemed front lot lines, unless designated otherwise on a recorded Final Map. Lot, Flag. A lot having access or an easement to a public or private street by a narrow, private right-of-way. Lot Frontage. The side of the lot which fronts on a street or drive. In the case of a corner lot, the "front" of the lot shall be considered to be the side which has the lesser dimension in width, unless the Director authorizes another side to be designated as the "front" and attaches whatever conditions are deemed necessary to ensure that such alternative designation does not result in land use incompatibility with the surrounding area. In the case of a through lot, either side which abuts a street or drive may be considered the "front," except in cases where deed restrictions, covenants or map notes prohibit access from one street. Lot, Improved. (1) A lot upon which a building can be constructed and occupied; (2) A lot with existing buildings or structures. Lot, Interior. A lot other than a corner lot. Lot, Key. A lot with a side property line that abuts the rear property line of any one or more adjoining lots. Page 707 Lot Line. A property line that divides one lot from another lot or from a public or private street or any other public space. Lot Line, Corner. The property line abutting a street or drive, other than a front lot line. Lot Line, Front. The property line separating the lot frontage from a street right-of-way. Lot Line, Rear. The property line opposite and most distant from the front property line. In the case of a triangular or otherwise irregularly shaped lot, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front property line. Lot Line, Side. Any property line which is not a front lot line, rear lot line or corner lot line and is generally perpendicular to a front or rear property line. Lot, Minimum Area. The smallest lot area permissible in a particular zoning district on which a use or structure may be located. Lot of Record. A lot that exists as shown or described on a plat or deed in the records of the County Recorder. Lot, Reverse Corner. A corner lot, the rear of which abuts the side of another lot. Lot, Substandard. A parcel of land that has less than the minimum area or minimum dimensions required in the zoning district in which the lot is located. Lot, Through. A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. Lot, Transition. A lot in one zoning district which abuts another zoning district. Lot Width. The mean horizontal distance between the side lot lines. Lounge Bar. A bar located in a lounge area of a hotel or approved mixed-use building which has a minimum of one hundred-fifty rooms or residential units, unless the City Council determines that public health, safety and welfare are not compromised by a lesser number of rooms or units, where the lounge bar makes available alcoholic beverages for consumption in specified areas only. The term does not include a bar that is ancillary to a "Non-restricted Gaming Establishment," as defined in this Title Main Building. A building devoted to the principal use of the lot on which it is situated. On any lot in a residential district, the term refers to the principal dwelling located on that lot. Maintenance. The upkeep of property, building, structures, amenities, parking facilities, landscaping or lot including repair, painting, trimming, pruning, as well as watering and other on-going activities that are associated with maintenance. Manufactured Home. A structure as defined in NRS 489.113. A manufactured home may or may not qualify for State- law zoning treatment as a single family detached dwelling pursuant to Table 2, as adopted in Section 19.10.010. Manufactured Slope. Slope that results from mechanical excavation or fill activity. Manufacturing, Heavy. A facility for the general mass producing of goods, usually for sale to wholesalers or other industrial or manufacturing uses. The term includes any use which employs any of the following or similar types of processes: 1. Milling of grain as retail sales and service. 2. Production of animal food, and the tanning of animal hides. 3. Production of large durable goods such as, but not limited, to motorcycles, cars, manufactured homes or airplanes. 4. Canning or bottling of food or beverages for human consumption using a mechanized assembly line. 5. Manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemical products, and use of a foundry for metals. Page 708 6. Production of items made from stone, clay, metal or concrete. 7. Tire recapping or retreading. 8. Production of items by means of the chemical processing of materials. Manufacturing, Light. A facility for producing goods without the use of any of the processes described within the definition of "Heavy Manufacturing." The term includes without limitation the following activities: 1. Assembly, finishing, and/or packaging of small items from component parts made at another location. Examples include but are not limited to cabinet making or the assembly of clocks, electrical appliances, or medical equipment. 2. Production of items made from materials derived from plants or animals including, but not limited to, leather, pre- milled wood, rubber, paper, wool or cork, or from textiles or plastics. 3. Electrical component manufacturing. 4. Reproduction, cutting, printing, or binding of written materials, drawings or newspapers on a bulk basis using lithography, offset printing, blue printing and other similar methods. 5. Machine shop where material is processed by machinery, cutting, grinding, or similar processes. Map. The Official Zoning Map of the City of Las Vegas. Marquee or Porte Cochere. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Marquee Sign or Porte Cochere Sign. Any sign attached to, in any manner, or made a part of a marquee or porte cochere. Martial Arts Studio. An establishment whose principal business activity is the instruction of the martial arts as defined by LVMC 6.53.020(C). The term does not include any nonprofit organization or entity that offers martial arts instruction only as an incidental service in its overall program of activities. Massage, Accessory. The performing of massage therapy or therapeutic massage that: 1. Is accessory to a principal permitted use that is one of the following: a. A medical office or physical rehabilitation clinic; b. A fitness and health center; c. A country club or golf course clubhouse; d. A hotel with more than one hundred rooms; or e. A facility similar in nature to any of the facilities listed above; 2. Does not occupy more than 150 square feet of space; and 3. Is not advertised on any exterior signage. Massage Establishment. A facility which is occupied and used for the purpose of practicing massage therapy as defined in LVMC Chapter 6.52.. The term does not include the use "accessory massage," as defined in this Title. Master Sign Plan. A plot plan and accompanying documentation which identifies all existing and proposed on-premise signage on a development or complex of buildings. Median. A paved or planted area separating lanes of travel on a street. Marijuana Cultivation Facility. An enclosed structure which cultivates, delivers, transfers, transports, supplies, or sells marijuana to marijuana dispensaries or marijuana production facilities. The term includes a "cultivation facility," as defined in NRS 453.A.056 and a 15 "marijuana cultivation facility" as defined in NRS 453D.030. (Ord. 6587 § 10, 06/21/2017) Page 709 Marijuana Dispensary. An establishment which acquires, possesses, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to the holder of a valid registry identification card. The term includes a "marijuana dispensary," as defined in NRS 453A.115 and a "retail marijuana store" as defined in NRS 453D.030. (Ord. 6587 § 11, 06/21/2017) Marijuana Production Facility. An enclosed structure which acquires, possesses, manufactures, delivers, transfers, transports, supplies or sells edible marijuana products or marijuana-infused products to marijuana dispensaries. The term includes a "facility for the production of edible marijuana products or marijuana-infused products," as defined in NRS 453A.105 and a "marijuana product manufacturing facility" as defined in NRS 453D.030. (Ord. 6587 § 12, 06/21/2017) Mining, Sand & Gravel Extraction. The excavation of sand, gravel, minerals or other resources from the earth. Mini-Storage Facility. A facility with enclosed storage space, divided into separate compartments no larger than five hundred square feet in size, which is provided for use by individuals to store personal items or by businesses to store materials for operation of a business establishment. Miscellaneous Residential Sign. Any incidental or real estate sign on a single dwelling unit lot or other residential lot. Mixed-Use. The vertical integration of residential uses and commercial or civic uses within a single building or a single development, where the uses share pedestrian access, vehicular access, parking functions, or any combination thereof. Mobile Food Vending. The sale of food items from a motorized vehicle or from a trailer or other portable unit that is drawn by a motorized vehicle and is intended for use in vending. (Ord. 6220 §14, 10/17/12) Mobile Home. A factory-assembled structure equipped with the necessary service connections and made so as to be movable as a unit on its own running gear and designed to be used for a one-family residential use. Mobile Home Park. An area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. The term does not include an area or tract of land where: (a) More than half of the lots are rented overnight or for less than three months for recreational vehicles. (b) Mobile homes are used occasionally for recreational purposes and not as permanent residences. Mobile Home Space Boundary Line. The lines which bound a mobile home site on its front, sides or rear. Mobile Home Space. That portion of a mobile home park designated, used, or designed for the occupancy of not more than one mobile home and includes that area set aside or used for automobile parking, carports, cabanas, awnings, accessory buildings or other structures, and the yard area as required herein. Monorail. A non-technology specific system used to transport passengers, including any system on a fixed land route installed and operated on an exclusive fixed guideway or rail, and including a monorail as defined in NRS Chapter 705. The term does not include a system to transport passengers between two end points with no intermediate stops, or a monorail that function only as part of a theme park or permanent exhibition under LVMC Chapter 6.81. Monument Sign. A freestanding sign where the base of the sign structure is on the ground or a maximum of 12 inches above the lowest point of the ground adjacent to the sign. Moped. Means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than two gross brake horsepower, has a displacement of not more than fifty cubic centimeters or produces not more than fifteen hundred watts final output, and is capable of a maximum speed of not more than thirty miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. For purposes of the provisions of this Title relating to vehicle sales, mopeds shall be considered retail goods rather than motor vehicles. Mortuary or Funeral Chapel. A facility in which one or both of the following activities occur: Page 710 1. Dead bodies are prepared for burial or cremation. 2. Funeral services are conducted. Motorcycle/Motor Scooter Sales. A facility or area for the display and sale of motorcycles and motor scooters, whether new or used, but excluding mopeds. The term includes service bays which are incidental and accessory to the sales use. The term is used for the sole purpose of allowing the use by means of Special Use Permit in the C-1 District. For all other purposes, the use described in this definition shall be treated under the appropriate category of motor vehicle sales. Motor Vehicle Sales (New). A facility or area, other than an auto sales showroom, for the display and sale (or leasing) of new automobiles, trucks, motorcycles and motor scooters, but excluding mopeds. The term includes service bays and auto body shops which are incidental and accessory to the sales use. Motor Vehicle Sales (Used). A facility or area, other than an auto sales showroom, used primarily for the display and sale (or leasing) of used automobiles, motorcycles and motor scooters, but excluding mopeds. The term includes service bays and auto body shops which are incidental and accessory to the sales use. Mounted Antenna. An antenna, other than a wireless communication facility, that is attached to a structure as permitted under this Code. Mulch. A protective covering of inorganic material including rock, gravel, and decomposed granite, which is placed on the earth around plants to reduce weed growth, to minimize evaporation of moisture from the soil surface, to maintain even temperatures around plant roots, and to retard erosion. Multi-Family Residential. A structure used or designed as a residence for three or more families or households living independently of each other. Multi-phase Development. A development project that is constructed in stages, each stage being capable of existing independently of the others. Museum, Art Display, or Art Sales (Private). A privately-operated facility or area for the acquisition, preservation, study, exhibition or sales of works of artistic, historic or scientific value. Natural Area or Feature. May include slopes in excess of Hillside Ordinance for maximum slopes or conservation natural areas. Natural Slope. Slope which is not manufactured. Neighborhood. An area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features. Net Lot Area. The total area within the property lines of a lot or parcel of land after public street rights-of-way or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Nightclub. An indoor or outdoor drinking, dancing, or entertainment establishment that does its primary business after dark, has a dance floor or open area free of tables and chairs that would allow dancing or assembly occupancies, and has sound equipment to allow live or recorded music played for the purpose of dancing (whether or not dancing actually occurs). The use may (but is not required to) include any of the following: onsite consumption of alcoholic beverages, a bar area, a fee for admittance, a promoter contracted to provide entertainment, and the sale of prepared food. In order to qualify as a nightclub, any sale of prepared food must be accessory to the primary use. The term does not include an erotic dance establishment licensed under LVMC Chapter 6.35 or an establishment that qualifies as a Teen Dance Center. (Ord. 6413 §6, 05/06/15) (Ord. 6621 §11, 05/16/18) Page 711 Noncommercial Message. A message, the sole purpose of which is to direct attention to a political, social, community or public-service issue. Non-Conforming Lot. A lot which was lawful in terms of the area, dimensions or location prior to the adoption, revision or amendment of this Title, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district in which it is located. Non-Conforming Sign. Unless otherwise provided, any sign that conformed to existing sign regulations at the time it was erected but that would no longer be permitted by virtue of the adoption of this Title, or an amendment thereto. Non-Conforming Structure. A building or structure legally and properly located on a lot or parcel at the time of construction or erection of said building, but which subsequently would not be permitted to be constructed at that location by virtue of adoption of this Title, or an amendment thereto. Non-Conforming Use. Any legally pre-existing use of land which is inconsistent with the provisions of this Title, or an amendment thereto. Non-Contributing Property. A classification applied to an individual property located within a designated Historic District, signifying that the property does not contribute to the distinctive character of the District. Non-domestic Animal. Any animal other than a domestic animal. (Ord. 6229 §11, 12/19/12) Nonprofit Club General. Any nonprofit corporation, association or organization which has been in continual existence for at least two years and: 1. Is organized or qualified to do business and operate under the laws of the State; 2. Has tax-exempt status granted by the United States Internal Revenue Service; 3. Has a membership of at least one hundred members who are twenty-one years of age or older and who pay dues to the nonprofit corporation, association or organization; and 4. Operates a clubhouse, clubroom or meeting room in a permanent location which it owns or leases. Nonprofit Club Restaurant Service Bar. A bar wherein alcoholic beverage drinks are prepared for service in connection with meals at tables in the restaurant area of a nonprofit club where members of the general public are invited to dine. Nuisance. An interference with the enjoyment and use of property. Obstruction. Any structure, growth or other object, including a mobile object, which exceeds a limiting height. Occupancy or Occupied. With respect to a structure, refers to the residing of one or more individuals in a dwelling or to the storage or use of equipment, merchandise or machinery in any public, commercial, or industrial building. Off-Premise Sign. Any sign advertising or announcing any place, product, goods, services, idea or statement whose subject is not located nor available on the lot where the sign is erected or placed. Off-Site Improvements. Refers to any Public Improvements, Public Roadway Improvements, or Private Roadway Improvements as defined by this Title, separately or in any combination. Off-Site Parking. Parking provided for a specific use but located on a site other than the one on which the specific use is located. Off-Street Loading. Designated areas on a development site for the loading and unloading of cargo adjacent to buildings and not in the public right-of-way. Office. A building used primarily for conducting the affairs of a business, profession, service, industry or government and which may include ancillary services for office workers, such as restaurants, newsstands or other minor commercial establishments. Page 712 Office, Medical or Dental. A professional office for the administration of professional medical, psychological or dental care, including examinations, screenings and minor outpatient surgical procedures. The term does not include a facility that provides housing for individuals, a clinic, or any other facility that is specifically defined in this Title. Office Park. A development which contains a number of separate office buildings, accessory and supporting uses, and open space and which is designed, planned, constructed, and managed on an integrated and coordinated basis. Office, Other Than Listed. A building or rooms used for conducting the affairs of a business, profession, service, industry or government other than those which are specifically listed in this Title. On-Premise Sign. Any sign advertising or announcing any place, product, goods, services, idea or statement whose subject is available or located at or on the lot, same site, or within the same Master Sign Plan area where the sign is erected or placed. On-Site. Located on the lot that is the subject of an application for development. Open Air Vending. The sale of merchandise, including food items, from a portable unit that is not drawn by a motorized vehicle. (Ord. 6220 §14, 10/17/12) Open Air Vending/Transient Sales Lot. An outdoor area or lot that is used exclusively, or on a regular or periodic basis, for the sale or taking of orders for any merchandise, including food items, where such merchandise is displayed or sold within or upon the area or lot. This use includes the display or sale of merchandise by means of Open Air Vending, Mobile Food Vending and a Farmer's Market. (Ord. 6220 §15, 10/17/12) Open Space. Any parcel or area of land or water that: 1. As part of, and in consideration of development approval, has been formally set aside, dedicated, designated, or reserved for public use or enjoyment or for the private use and enjoyment of owners and occupants of land adjoining or neighboring such area; and 2. Is either unimproved or includes only improvements that pertain to or are incidental to the intended use and enjoyment of the area. Such improvements may include structures, amenities, landscaping, paving or other surface treatments that provide for or facilitate recreation and enjoyment, or that provide for support and maintenance of the area for its intended purposes. (Ord. 6617 §4, 05/16/18) Open Space, Common. Open space within or related to a development that is designed and intended for the common use or enjoyment of the residents of the development and their guests. (Ord. 6617 §4, 05/16/18) Open Space, Private. Open space which is normally limited to the use of the occupants of a single dwelling or building or property that abuts such open space. Open Space, Public. Open space owned and maintained by a public agency for the use and enjoyment of the general public. Outcall Entertainment Referral Service/Escort Bureau. A business which, for a fee, commission, hire, or profit: 1. Sends or refers an entertainer to an entertainment location (as defined in LVMC 6.57.030) in response to a telephone or other request to entertain a patron at the entertainment location; or 2. Furnishes or arranges for escorts to accompany other persons for social engagements. Page 713 Outdoor Storage. The use of a significant portion of a lot or area for the long term retention (more than twenty-four hours) of materials and machinery or equipment, regardless of whether the materials, machinery or equipment are to be bought, sold, repaired, stored, incinerated, or discarded. The term includes the storage of self-contained cargo containers that have not been converted into a permanent building, but does not include new or used motor vehicle sales and rental display, nor does it include accessory and incidental parking of vehicles for residents, guests, customers or employees in connection with a principal use. Overlay Zone. A zoning district that is imposed on one or more underlying base zoning districts and which provides additional requirements and limitations beyond those required by the underlying zoning district. Owner. An individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land. Package Liquor Off-Sale Establishment. An establishment, other than a grocery store with alcohol or a retail establishment with package liquor off-sale, whose license to sell alcoholic beverages authorizes their sale to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where the same are sold. The term includes an establishment that provides on-premises wine, cordial and liqueur tasting if the licensee also holds a wine, cordial and liqueur tasting license for that location. The term is limited to a use that is available only in connection with LVMC Title 6 package alcoholic beverage licenses for the following types of establishments: 1. Liquor store, as described in LVMC 6.50.170(B)(2). 2. Establishment for instructional winemaking, as described in LVMC 6.50.170(B)(3). 3. Ancillary craft distillery, as described in LVMC 6.50.090. (Ord. 6612 § 4, 02/21/2018) Painted Wall Sign. Means any sign that is painted directly on a building wall surface. Parcel Map. A map prepared for recording in accordance with NRS Chapter 278 and with the provisions of this Title. Park and Ride. A facility for the boarding and deboarding of transit vehicles that includes an area for the parking of commuters' vehicles in connection with their use of transit vehicles. Parking Area. A paved area, other than a public right-of-way, used for the parking of automobiles. Parking Facility. A lot or structure developed for public or private parking as a primary use of the subject site on which it is located. The term does not include any ancillary lot or structure provided in conjunction with a primary use in order to meet minimum required parking standards. Parking Lot/Sidewalk Sale. A promotional sales event that is conducted by a business operation outside the confines of the commercial or manufacturing structure in which the business operation is normally conducted. Parking Space. A space within a building, garage or parking area, as defined, for the temporary parking or storage of one automobile with continuous and unimpeded access to a public right-of-way, service drive or aisle. Patio Cover. An attached accessory structure which is not enclosed and provides sheltered outdoor space. Page 714 Figure 1 - Patio Cover Pawn, Auto. A Pawn Shop that lends money on the security of a motor vehicle, which the pawn shop takes possession of as the pledged property. Pawn Shop. A facility (other than a bank, saving and loan or mortgage banking company) used for the business of lending money on the security of pledged goods or for the business of the purchase of tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Pennant. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wires, or string, usually in a series, designed to move in the wind. A pennant shall be considered a temporary sign. Permanent Makeup Establishment. A facility that applies natural pigment to the dermal layer of the skin, by the use of needles or other instruments designed to contact or puncture the skin, for the sole purpose of providing either permanent coloration for medical skin restoration or cosmetic coloration to enhance or diminish personal features. Permitted Use. Any use allowed in a zoning district as a matter of right if it is conducted in accordance with the restrictions applicable to that district. Permitted uses are designated in the Land Use Table by the letter "P". Person. An individual, firm, partnership, corporation, company, association, joint stock association, governmental entity, trustee, receiver, assignee or similar representative of any of them. Pet Boarding. A lot, building, premises or structure on which four or more household pets kept regularly and for extended periods of time for the benefit of persons who do not reside on the premises. The term included facilities that provide shelter, care, feeding, exercising, grooming or incidental medical care for household pets for remuneration or otherwise on a commercial basis. The term includes a kennel operation. Pet Shop. A retail establishment engaged in the sale of pets, small animals, pet supplies, or pet grooming services. Physical Constraints. Limitation on development or access created by topographical features on the development parcel, or adjacent parcels, such as spacing of existing adjoining streets, freeways, or other physical structures. Planned Community Program. The development plan and development standards for a development in the P-C (Planned Community) District. Planning Commission. The Planning Commission of the City of Las Vegas duly appointed by the Mayor with the approval of City Council. The Planning Commission shall have the powers and duty to provide for development as prescribed by State law and City ordinances. Plaza. An open space used for passive recreational activities and relaxation typically provided with amenities, such as seating, ornamental fountains, and public art that may be improved, landscaped, or paved, usually surrounded by buildings or streets. Page 715 Plaza, Event. A plaza approved through a development review and meeting the minimum design and size requirements set forth in LVMC 19.08.040(E)(3). Pole Sign. A Freestanding sign supported by one column, upright, pole, or brace in or upon the ground the sum width/diameter of which is less than 25 percent of the width of the sign. Portable Sign. Any sign which is not permanently attached to the ground or to another permanent structure; including, but not limited to, temporarily placed signs designed to be transported; signs by means of wheels; signs converted to A- or T-frames; movable menu and sandwich board signs; tethered balloons used as signs; and signs attached to or painted on a vehicle or trailer which is parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business. Post Office, Local Service. A branch office of the United States Postal Service that handles the mail for no more than five zip codes. Post Office, Regional. A branch office of the United States Postal Service that handles the mail for more than five zip codes. Potentially Developable or Re-developable Land. Land that is not restricted from development by virtue of factors such as parklands, conservation transfer areas, federal or state lands, reservation areas or excluded due to environmental constraints. Pre-Existing Use. A lawful and conforming existing use of a lot or structure prior to the time of the enactment of this Title. Preservation Covenant. A recorded deed restriction which requires the preservation of a property for an agreed-upon period of time. Preservation Easement. A non-possessory interest in real property which creates rights and obligations related to the preservation of the distinctive character of that property or a portion thereof. Primary Ridgeline. The ridgeline that has the greatest prominent public visibility from existing and undeveloped portions of the City. Principal Building. The building in which the principal use of the lot is conducted. Lots with multiple uses may have multiple principal buildings. The term does not include storage buildings, garages or other buildings which normally are considered accessory buildings. Principal Use. The purpose for which land, premises or building is designed, arranged or constructed. Printing & Publishing. An establishment that provides printing, publishing, duplicating, or collating services using photocopy, blueprint, off-set printing, or related equipment. Private Club, Lodge or Fraternal Organization. 1. Club. A facility of a private organization for the preparation and service of food and/or drink for members and their guests. 2. Lodge or Fraternal Organization. A facility for a special purpose organization for the sharing of sports, arts, literature, politics or other similar interests; but not primarily for profit or to render a service that is customarily carried on as a business. Private Garage. An accessory building, or an attached portion of the main building, designed or used for the shelter and storage of automobiles. Private Improvements. Improvements installed within a development for private or quasi-public purposes, but not owned or maintained by the City. Page 716 Private Roadway Improvements. Roadway improvements within or adjacent to private roadways which may include, but are not limited to, paving, curbs, gutters, sidewalks, medians, street lighting systems, traffic control signage and systems, traffic signal systems and interconnected facilities, drainage facilities, fire hydrants and sanitary sewer facilities. Private Street. Any roadway, other than a private drive, that is not owned by a public entity or is designated for use by specified property owners, maintained by or on behalf of those property owners, and not dedicated to nor intended for access by the general public. Prohibited Use. A use that is not permitted by any means in a particular zoning district. Project of Regional Significance. Any of the following: 1. A site-specific building or development project, whether private, public or quasipublic in nature, that is proposed within one-half mile of the boundary of another municipal corporation or an unincorporated area, and that qualifies as one or more of the following: a. A project with a tentative map including 500 lots or more; b. A planned unit development of 500 units or more; c. A development including tourist accommodations of 300 units or more; d. A commercial or industrial facility that is estimated to generate more than 6250 average daily vehicle trips, as defined by the Institute of Transportation Engineers (or its successor); or e. A nonresidential development encompassing more than 160 acres. 2. A zoning map amendment or local land use plan amendment that is proposed within one-half mile of the boundary of another municipal corporation or an unincorporated area, and that could result in development meeting or exceeding any of the criteria listed in Paragraphs 1(a) through 1(d) above. 3. A Special Use Permit application concerning property within 500 feet of the boundary of another municipal corporation or an unincorporated area. Projecting Sign. Any sign affixed to a building in such a manner that its leading edge extends more than twelve inches beyond the surface of the building. The term does not include a decorative awning or canopy. Property. A lot, parcel, or tract of land together with the building and structures located thereon. Psychology Practice. A professional office in which a licensed professional, including a psychiatrist, psychologist, social worker, marriage and family therapist, or occupational therapist, provides evaluation, testing, treatment or counseling services related to mental conditions or disorders. The term includes a hypnotherapy practice, but does not include a "facility to provide testing, treatment, or counseling for drug or alcohol abuse," or a "sex offender counseling facility," as those terms are defined in this Section. Public Areas. Parks, playgrounds, trails, paths, and other recreational areas and open spaces; scenic and historic sites; schools and other publicly operated buildings; and other places where the public is directly or indirectly invited to visit or permitted to congregate. Public Hearing. A meeting, announced and advertised in advance and open to the public, in which members of the public have an opportunity to participate. Public Improvement. Improvements may include but are not limited to, drainage facilities, fire hydrants, sanitary sewer systems, trails, trail paths, and other miscellaneous facilities and improvements to be owned by a public entity and are generally for the benefit of the public. These improvements are to be constructed and accepted within public rights-of- way, public easements, or City owned real property. The term may also include the dedication and construction of park facilities to be accepted by the City. Public Notice. The advertisement of a public hearing in a paper of general circulation and through the mail, or the posting of a sign on property, each designed to indicate the time, date, place, and nature of a public hearing. Page 717 Public or Private School, Primary. An institution that provides kindergarten through 8th grade education and is supported by a public, religious or private organization. Public or Private School, Secondary. An institution that provides 9th through 12th grade education and is supported by a public, religious or private organization. Public Park or Playground. A park, playground, swimming pool, reservoir, golf course, or athletic field owned, operated and maintained by a local or State level government entity. Public Right-of-Way. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public utilities or facilities. Public Roadway Improvements. Roadway improvements within or adjacent to public roadways which may include, but are not limited to, paving, curbs, gutters, sidewalks, medians, street lighting systems, traffic control signage and systems, traffic signal systems and interconnected facilities, drainage facilities, fire hydrants and sanitary sewer facilities. Public Use Airport. Any of the facilities of McCarran International Airport and North Las Vegas Airport. Public Utility. A regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety and welfare. Pylon Sign. A freestanding sign supported by two or more columns, uprights, poles, or braces in or upon the ground, or a freestanding sign supported by a single column, upright, pole or brace in or upon the ground the sum width/diameter of which is 25 percent or more of the width of the sign. Quarter Mile Section. A square quarter mile bounded by 1,320 feet offset increments from a section line. Quasi-Public Use. A use owned or operated by a nonprofit, religious, or eleemosynary institution and providing educational, cultural, recreational, religious, or similar types of programs. Radio Broadcasting. A building or portion of a building used as a place for radio broadcasting. The term does not include any antenna or antenna structure. Radio, TV, Microwave Communication Tower. A freestanding structure which supports antennae that transmit or receive any portion of the electromagnetic spectrum. Rail/Transit yard or Shop. A facility or area for the maintenance, repair, or storage of bus, rail or other transit vehicles. Ramada. Any freestanding roof or shade structure installed or erected above an occupied mobile home or any portion thereof. Raw Land. Unimproved land without buildings, structures, utilities or streets. Recording Studio. A building or portion of a building used as a place to record music and videos. The term does not include broadcasting facilities. Recreational Vehicle. A vehicle towed, or self-propelled on its own chassis, or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term includes, but is not limited to, travel trailers, pick- up campers, camping trailers, motor coach homes and converted trucks or buses. Recreational Vehicle and Boat Storage. The storage of recreational vehicles, boats, or any combination thereof. Recycling Collection Center. A facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper or clothing for recycling purposes conducted totally within an enclosed structure or container. The term does not include processing except for "can banks" that crush cans as they are deposited. Rental Store. A facility for the rental of general merchandise to the general public and not specifically listed as a different use elsewhere in this Title. Typical general merchandise includes clothing and other apparel; electronics; videos; tools and garden equipment; furniture and other household appliances; special occasion or seasonal items; and similar consumer goods. Page 718 Regional Mall. An enclosed structure with a minimum square footage of three hundred fifty thousand square feet: 1. That is used or intended to be used as an assemblage of various tenants, including without limitation, retail uses, personal service uses, food service uses, and other ancillary uses; 2. That includes a minimum of two major anchor tenants; and 3. In which the typical means of access to the various uses in from inside the mall structure. Rescue Mission or Shelter For The Homeless. A building that is used or intended to be used to provide to homeless individuals temporary accommodations, shelter, meals or any combination thereof. For purposes of this Title, a "homeless individual" includes an individual who lacks a fixed, regular and adequate nighttime residence. Restaurant. A use providing preparation and retail sale of food and beverages, including cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out (i.e. pizza) and similar uses. Restaurant with Alcohol. A restaurant and bar operation with alcoholic beverage sales in which: 1. The actual seating available at all times within the dining area will accommodate at least 100 persons. For purposes of this requirement, the "dining area" does not include bar stool seating at the bar or lounge seating, but may include table or booth seating within the bar area and table seating within a patio area. 2. Alcoholic beverages are served in the restaurant area only in conjunction with the service of food; 3. Full-course meals are available during all hours the bar area is open to the public; 4. A cook and food server, other than a bartender, are available at all times the bar area is open to the public; and 5. The restaurant operation is the principal portion of the business. (Ord. 6266 §35, 09/04/13) Restaurant with Service Bar. A bar wherein alcoholic beverage drinks are prepared for service only at tables in a restaurant and for consumption only in connection with a meal served on the premises, and where customers are not permitted to purchase alcoholic beverage drinks directly from the bar or for off-premise consumption. Restaurant, Carry-Out. An establishment designed for selling prepared foods for off-premise consumption. Review Authority. The authority responsible for the review and final action on an application filed under this Title, such as the City Council, Planning Commission or the Director. Retail Establishment With Package Liquor Off-Sale. A retail establishment: 1. Whose license to sell alcoholic beverages authorizes their sale to consumer only and not for resale, in original sealed or corked containers, for consumption off the premises where the same are sold; and 2. In which the sale of alcoholic beverages is ancillary to the retail use, and in which no more than ten percent of the retail floor space is regularly devoted to the display or merchandising of alcoholic beverages. The term includes an establishment that provides on-premises wine, cordial and liqueur tasting if the licensee also holds a wine, cordial and liqueur tasting license for that location. Rezone. To change the zoning classification of particular lots or parcels of land. Ridgeline. A line connecting the series of the highest elevation points of a ridge, mountain, shoulder, hill or mesa. Right of Access. The legal authority to enter or leave a property. Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other public utility or facility. Right-of-Way Line. The property line that separates the public right-of-way and an adjacent property. Roadway. A public or private corridor for pedestrian or vehicular movements (or both), along with corresponding right- of-way and easements, and any improvements constructed therein. Page 719 Roof Sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the roof or parapet of the building. Runoff. Irrigation water that is not absorbed by the soil to which it is applied and which flows onto hard-surfaced areas. Runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or where a severe slope exists. Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. Runway Protection Zone. A trapezoidal area at ground level for the purpose of protecting the safety of approaches and keeping the area clear of the congregation of people. Rural Preservation Neighborhood. A subdivided or developed area: 1. Which consists of ten or more residential dwelling units; 2. Where the outer boundary of each lot that is used for residential purposes is not more than three hundred thirty feet from the outer boundary of any other lot that is used for residential purposes; 3. Which has no more than two residential dwelling units per acre; and 4. Which allows residents to raise or keep animals non-commercially. Salvage or Reclamation of Products. A facility or area for storing, keeping, selling, dismantling, or salvaging scrap or discarded material or equipment which is not considered as another use under this Title. Scrap or discarded material includes, but is not limited to, metal, paper, rags, tires, bottles or inoperable or wrecked motor vehicles, motor vehicle parts, machinery, structural steel, equipment and appliances. The term includes facilities for recycling recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans and other products, which can be returned to a condition in which they may again be used for production. Satellite Dish. A device which: 1. Incorporates a reflective surface that is solid, open mesh, or bar-configured; 2. Has the shape of a shallow dish, cone, horn, or cornucopia; and 3. Is used to receive electromagnetic signals. Scale of Development. The physical development of a particular project, in terms of its size, height, bulk, intensity and aesthetics. Seasonal Outdoor Sales. The temporary outdoor sale and display of the following (and only the following) holiday goods in connection with the corresponding holidays: 1. Christmas trees; 2. Halloween pumpkins; 3. Valentine's Day flowers; and 4. Mother's Day flowers. The term does not include fireworks sales, which are governed by LVMC Chapter 9.28 and are subject to the requirements of the Department of Fire and Rescue. Secondhand Dealer. A retail facility which deals solely in used commodities with no new commodities, or in which the sale of secondhand or used articles is incidental to the sale of new articles of the same kind. For purposes of this definition, the sale of secondhand or used articles is deemed to be incidental to the sale of new articles. Used articles may include furniture, fixtures, appliances, tableware, offices supplies, pictures, paintings, jewelry, cutlery, guns, precious or semiprecious gemstones, or scrap precious metals as defined in LVMC Chapter 6.74, but does not include the sale of junk as defined in that Chapter or the sale of used cars. The term does not include a Thrift Shop. The term also does not include the following, all of which are allowed where the retail sale of new merchandise is permitted: Page 720 1. The buying, selling or trading of wearing apparel, infant/child items, general household furnishings or specified liquid waste, as those terms defined in LVMC Chapter 6.74; 2. The buying and selling of foreign or domestic coins for numismatic purposes; 3. The buying and selling of antiques, used books, newspapers or periodicals; or 4. The buying and selling of collectibles, including collectibles that consist of phonograph records, other audio recordings and the equipment necessary to listen to such recordings. Collectibles qualifying under this Paragraph 4 include any kind of cabinet or similar furniture whose sale would otherwise fall within the definition of "secondhand dealer" if an only if that item is used in displaying one or more collectible items and is designed or intended to be sold together with the collectible items for purposes of display. (Ord. 6422 §3, 07/01/15) Section Area. A one square mile area bounded by section lines. Senior Citizen Apartments. An apartment house or other multi-family dwelling in which each unit is occupied by at least one person fifty-five years of age or older. The term includes an apartment house or other multi-family dwelling that qualifies as "housing for older persons" under the provisions of Federal law, including without limitation housing developments that: 1. Provide significant facilities and services specifically designed to meet the physical or social needs of older persons; and 2. Publish and adhere to policies and procedures that demonstrate an intent to provide housing for persons fifty-five years of age or older to the extent allowed by applicable State or Federal law. Service Station. Any building, or premises used for the dispensing and sale of fuels or oils and accessories for the motor vehicle trade, together with any incidental minor automotive repair or automatic car wash facility. Setback. The minimum required separation distance between the nearest portion of a structure and the lot line. Setback Area, Corner Side. A yard area of which the width is measured between the non-frontage street right-of-way line and the required corner side yard setback line and the depth is measured between the front yard setback line and the rear yard setback line Setback Area, Front. A yard area of which the width is measured the entire length of the front property line between the side property lines; and the depth is measured as the distance between the street right-of-way line and the required front setback line. Setback Area, Rear. A yard area of which the width is measured the entire length of the rear property line between the side property lines; and the depth is measured as the distance between the rear property line and the required rear yard setback line. Setback Area, Required. That portion of a lot which is required to be unoccupied and unobstructed from the ground to the sky between a required setback line and the property line, except as otherwise provided in this Title. Setback Area, Side. A yard area of which the width is measured between the side property line and the required side yard setback line and the depth is measured between the front yard setback line and the rear yard setback line. Sex Offender Counseling Facility. A facility that regularly provides court-ordered or court-sanctioned treatment or counseling to sex offenders. Sexual Novelty. Any instrument, device, apparatus or paraphernalia that: 1. Depicts a specified anatomical area; 2. Performs, mimics, demonstrates or is designed for use in connection with a specified sexual activity; or 3. Is used for the stimulation of human genitals, whether the stimulation is self-induced or performed upon another person. Page 721 Sexually-Oriented Business. See LVMC 19.12.070. Shopping Center. Any structure or group of structures that: 1. House any assemblage of various commercial tenants, including without limitation, retail uses, personal service uses, food service uses, and other ancillary uses; 2. Have a minimum combined gross floor area of 25,000 square feet; 3. Are located upon a single parcel of land or upon contiguous parcels of land; and 4. Have common vehicular access and parking facilities. This term includes a regional mall. SHPO. The State Historic Preservation Office. Short-Term Residential Rental. The commercial use, or the making available for commercial use, of a residential dwelling unit for dwelling, lodging or sleeping purposes, wherein any individual guest rents or occupies the entire dwelling unit or one or more individual rooms within the unit for a period of less than 31 consecutive calendar days. The term does not include a "Community Residence," "Facility for Transitional Living for Released Offenders," or any other facility with dwelling units that is specifically defined in Chapter 19.18. For purposes of this Title, the term does not include the rental or occupancy of an accessory structure (Class I or II), a tent, a trailer or a mobile unit. In the case of a single parcel containing more than one dwelling unit, each dwelling unit constitutes a separate short-term residential rental use. (Ord. 6585 §15, 06/21/17) Sidewalk/Parking Lot Sale. A promotional sales event which is conducted outside the confines of the commercial or manufacturing structure in which such business is normally conducted and which occurs on a paved or concrete area on the same lot as the structure. Sign. Any device, fixture, placard, structure or other medium, including its structure and component parts, that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Sign, Animated. Any sign that uses any of the following: animation or movement; mechanical devices such as spinning, rotating, revolving or oscillating mechanical or structural components; flashing, sequential or oscillating lights; lighting that moves from bright to dim and back to bright; or other similar continuously automated methods or dynamic devices, such as steam, fog, misting, or change of lighting or message, to depict action or create a special effect or alternating scene that results in movement, the appearance of movement, or the changing of sign image or message. The term includes any sign or portion thereof with characters, letters or illustrations, that can be changed or rearranged manually or electronically without altering the face or the surface of the sign. The term does not include a sign on which the only copy that changes is the electronic indication of time, temperature, or both. Sign, Off-Premise. Any sign whose copy advertises or announces any place, product, goods, services, idea or statement whose subject is not available, located at, nor on the lot where the sign is erected or placed. Sign, On-Premise. Any sign whose copy is limited to advertising or announcing any place, product, goods, services, idea or statement whose subject is available or located at or on the lot where the sign is erected or placed. Sign Certificate. A certificate issued by the Department to authorize a sign pursuant to the applicable provisions of this Title. Similar Use. A use that has the same characteristics as the specifically cited uses in terms of the following; trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs and clientele. Single Family Attached Dwelling. See Dwelling, Single Family Attached. Single Family Detached Dwelling. See Dwelling, Single Family Detached. Page 722 Single Family Unit Equivalent. A residential density value based on the vehicular traffic generated by a single family dwelling. Single Family, Zero Lot Line. A single family dwelling unit that is located directly on 1 or more lot lines. Single Room Occupancy Residence. A residential facility in which furnished rooms are rented on a weekly or monthly basis and which provides common facilities and services for laundry, cleaning and meals. Site Built Single Family Home. A single family dwelling which is constructed under the standards of the Uniform Building Code (UBC), Uniform Electrical Code (UEC), Uniform Fire Code (UFC), Uniform Mechanical Code (UMC) and the Uniform Plumbing Code (UPC) as adopted in the Las Vegas Municipal Code (LVMC), including all appurtenant supplements thereto. Slaughtering and Processing of Live Poultry. An operation, which is ancillary to a retail commercial establishment, in which live poultry is slaughtered and processed in preparation for human consumption. Slope. The incline associated with a land surface. Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower or supporting structure, and associated control or conversion electronics, which has a rated capacity of not more than 100kW and which is intended to primarily reduce on-site consumption of utility power. For purposes of this Title, the use shall not be deemed an accessory structure. Social Event With Alcoholic Beverage Sales. The sale of alcoholic beverages for consumption only on the premises where the same are sold in connection with weddings, school graduations, employer and employee events, recognition ceremonies, awards ceremonies, family gatherings, fund-raising events, club and organization events or other similar events which occur 17 times or more per month at a facility not licensed for the sale of alcoholic beverages. Social Service Provider. A facility that provides assistance to persons with limited ability for self-care, but for whom medical care is not a major element. The term includes a facility that provides assistance concerning psychological problems, employment, learning disabilities or physical disabilities, but does not include a rescue mission or homeless shelter, or an adult day care center. Social Use Venue. A business which allows, as part of its business activity, a location and equipment for the consumption of marijuana or marijuana products. (Ord. 6684 §6, 05/01/19) Soil. All unconsolidated mineral and organic material that overlies bedrock and can be readily excavated. Soil Amendments. Organic and inorganic material added to soils to improve texture, nutrients, moisture holding capacity and infiltration rates. Solar Panel. A small-scale unit that is designed and used, on an incidental or accessory basis, to generate power or heat (or both) to be supplied to the principal use on the site. A "solar panel": 1. Does not include an "electric generating plant" or any other utility facility that is specifically defined in this Chapter; and 2. Shall not be deemed an accessory structure for purposes of the standards of this Title that govern accessory structures. Sound Stage. A building or portion of a building used for the production of movies. Special Use Permit. A specific approval for a use which has been determined to be more intense or to have a potentially greater impact than a permitted or conditional use within the same zoning district. Specified Anatomical Areas. Refers to: 1. Less than completely and opaquely covered: a. Human genitals, Page 723 b. Pubic region, c. Buttocks, or d. Female breast below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities. Refers to: 1. The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; 2. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; 3. Masturbation; or 4. Excretory functions as part of or in connection with any of the activities set forth in subparagraphs (1), (2) and (3) above. Spot Zoning. Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that does not further the General Plan. Stacking Lane. An area for temporary queuing of motor vehicles. Standard Conditions. Conditions which have been approved by the Planning Commission or the City Council and which are designed to be imposed as a matter of course, where applicable, on the approval of development applications. Standards for Private Drives. Those adopted City standards governing the design and construction of private drives. Standards for private streets. "Standards for private streets" means those adopted standards governing the design and construction of private streets and detailed in the City standards. Stem Wall. A wall, usually less than two feet in height, used to divert or direct storm water flows within an area specified by the Department of Public Works. Storage. A space or place where goods, materials or personal property is placed and kept for more than 24 consecutive hours. Stored. With reference to vehicles or vehicle parts, means allowed to remain in one place for more than 72 consecutive hours. Story. That portion of a building between the surface of any floor and the surface of the floor next above it; or if there is no floor above it, then the space between the floor and the ceiling next above. Street. A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property; including, but not limited to, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails or other thoroughfares. The term does not include an "alley" as that term is defined by this Title. Street, All-weather. A public or private roadway which is surfaced with materials that allow ordinary motorized vehicles to utilize the street in all weather conditions. Street Classification. 1. Freeway. A divided highway with 150 foot wide minimum right-of-way and classified as "controlled access"; a high- speed road with grade-separated interchanges. 2. Expressway. A divided highway with a 150 foot wide minimum right-of-way and classified as "limited access"; a high- speed road with at-grade, cross-traffic intersections. 3. Parkway Arterial. A street or highway which has a minimum right-of-way width of 120 feet and an existing or potential design capacity of three or more travel lanes of traffic in each direction with 10 feet for an amenity zone and sidewalk on each side and divided by a landscaped median. Page 724 4. Primary Arterial. A street or highway which has a minimum right-of-way width of 100 feet and an existing or potential design capacity of three or more travel lanes of traffic in each direction, divided by a raised median with left turn pockets. 5. Major Collector. A street which has a minimum right-of-way width of 80 feet and an existing or potential design capacity of two travel lanes of traffic in each direction with a center turn lane or raised median with left turn pockets. 6. Minor Collector. A street with a minimum right-of-way width of 60 feet which collects traffic from the local streets and distributes it to the major collector or arterial system. 7. Residential Street. A street which is designed to carry residential traffic between minor collectors. 8. Local Street. A street which is designed to carry a combination of light commercial and residential traffic between minor collectors, major collectors and primary arterials. 9. Local Access or Service Road. A street or that portion of a major or secondary thoroughfare lying outside of the principal roadway designed to provide frontage for individual lots and which primarily carries traffic having a destination or origin on the street itself. Street Frontage. The distance along which a property line of a lot adjoins a public street, from one side lot line intersecting the street to the furthest distance side lot line intersecting the same street. Streetscape. The visual image of a street, including the combination of buildings, parking, signs and other hardscape and street furniture. Structure. An object, including a mobile object, constructed or installed including, but not limited to, a building, tower, crane, smokestack, earth formation, sign, overhead transmission line and an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Subdivider. A person, firm, corporation, partnership or association that has legal or beneficial ownership of land and who causes that land to be divided by means of the parcel map or tentative/final map processes of this Title. Subdivision. Has the meaning ascribed to that term in NRS Chapter 278. Subdivision Development Sale Sign. A sign located within the subject residential subdivision that advertises the availability of lots or dwellings for sale. Subdivision Development Directional Sign. A sign not located within the subject residential subdivision that advertises the availability of lots or dwellings for sale. Sub-Surface Irrigation System. The application of water via buried pipe and emitters, with flow rates measured in gallons per hour. Supergraphic Signage. Large-format signage, consisting of an image printed on vinyl, mesh or other material that is supported by and attached to a building wall by means of an adhesive, stranded cable an eye-bolts, other similar materials or methods, or any combination thereof. Such signage: 1. May or may not include written text; 2. May include LED panels; and 3. Typically features a single image or idea, with emphasis on graphic or pictorial representations. Surveyor. A person currently licensed as a professional land surveyor under the provisions of NRS Chapter 625. Suspended Sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by the surface. Swap Meet. A facility (whether indoor or outdoor) in which multiple vendors, dealers, sellers or traders have rented, leased, purchased or otherwise obtained an area from a swap meet operator for the purpose of selling, bartering, exchanging or trading new or used items of personal property, where the aggregate value of all such property exceeds the amount of one thousand dollars. Page 725 Tavern-Limited Establishment. An establishment that is licensed with a tavern-limited license in accordance with LVMC Chapter 6.50. Tattoo Parlor/Body Piercing Studio. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: 1. The placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. 2. The creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This term does not include a permanent makeup establishment. Taxicab/Limo Yard. An area or facility used for the storage or dispatch of taxicabs or limousines. Teen Dance Center. An establishment that is primarily operated as a place of entertainment for persons under the age of 18 years, characterized by any or all of the following as a principal use: 1. Live, recorded, or televised entertainment, including but not limited to performance by magicians, musicians or comedians. 2. Dancing. Temporary Contractor's Construction Yard. An on-site or off-site facility for the storage of construction materials and equipment intended for use in conjunction with a specific development, to be removed at the time the development is completed. The term may include a temporary batch plant. Temporary Outdoor Commercial Event. A promotional activity, fair, circus, rodeo, festival, carnival, arts and crafts fair, tent revival, haunted house, amusement system, or concert that will be conducted at a location other than a stadium, auditorium or other public assembly facility that is designed to accommodate such an event. The term does not include on-day residential celebrations; uses within public facilities or recreational facilities regulated or organized through the Department of Leisure Services; parades and similar events that occur in the public right-of-way and are regulated by or organized through the Las Vegas Metropolitan Police Department; or grand openings of new businesses that meet all requirements of the Department of Fire and Rescue. Temporary Real Estate Sales Office. An office operating at a fixed location within an existing model home, trailer or commercial structure which is used temporarily for the purpose of real estate sales. Temporary Sign. Any sign not constructed or intended for long term use includes the following types of signage: 1. Construction Sign. A sign advertising a construction project and the parties involved in its development, proposed to be located on the lot or parcel of land on which the sign is located. 2. Political Sign. Any sign relating to a candidate, issue, proposition, ordinance or other matter in a public election or referendum, or any sign pertaining to the advocacy of political views or policies by persons, groups, or parties. 3. Real Estate Sign. A sign to advertise a commercial or residential property for sale, lease, or rent. 4. Special Event Sign. Any sign that is used only temporarily to publicize special events such as a grand opening and is not permanently mounted, such as banners, pennants, inflatable signs, tethered balloons, portable signs and similar devices. Temporary Use. A use established for a specified period of time with the intent to discontinue the use at the end of the designated time period. Tentative Map. A preliminary plan or map prepared for the purpose of showing the location, design and conditions of a proposed subdivision. Thirty-Six Inch Box Trees. Trees measuring a minimum of 12 feet in height, and 8 feet in spread with a 3 inch trunk caliper measured at 4 1/2 feet above the soil line. Thrift Shop. A retail facility that sells any new or used merchandise that has been donated to the facility. Page 726 Time-Share Development. A development consisting of a minimum of 50 units that are made available for use and occupancy on a recurrent periodic basis according to an arrangement allocating this right among various holders of a time-share ownership, leasehold or other similar interest. Topsoil. The top layer of native soil. The term is also used to describe good soil imported for landscaping. Towing & Impound Yard. A lot or building used for the storage of damaged, wrecked or impounded motor vehicles for a limited period of time, usually awaiting insurance adjustment, transport to a repair shop, or recovery by the owner operator. Towing Service (with No Storage). An establishment that provides the service of transporting damaged, wrecked or impounded motor vehicles to an off-site storage area or other facility. Townhouse. See Dwelling, Townhouse. Trade School. A facility for instruction and training in trades or crafts such as auto repair, welding, bricklaying, machinery operation or other similar trades or crafts which require the use of large equipment, or outdoor training activities, or both. Traffic and Transportation Plan (TTP). A plan document submitted to the City as part of a complete application for development approval of subdivision streets or of access to development parcels that are 10 acres or larger, depicting proposed local street layout and proposed locations for connections to higher order roads. Traffic Entry Study (TES). A study of an entry to a residential development with focus on the entry and its impact on the adjacent roadway. Traffic Impact Analysis (TIA). A study that provides information on the projected traffic likely to be generated by a proposed development and assesses its impact on the roadways in the immediate proximity of a proposed development. The TIA should identify any potential traffic operational problems or concerns and recommend appropriate actions to address such problems or concerns. Traffic Impact Study. A report which analyzes the conditions of a particular roadway or roadways as they are anticipated to exist if a particular proposed development occurs, as well as if the development does not occur. Trailer. A vehicle, other than a vehicle defined as a Recreational Vehicle, that is without motor power and is designed for carrying persons, property, equipment or other items on its own structure, including, but not limited to semi-trailers, utility trailers, flatbed trailers and hauling trailers. Trailer Coach. Any building, structure or vehicle equipped with wheels to facilitate movement from place to place or to travel on a public thoroughfare, and designed, used, and maintained for human habitation. Such definition shall include automobiles or trucks where used for living or sleeping purposes. Trailer/RV Camp or Park. Any lot or tract of land used, or intended to be used, for renting of space to accommodate two or more recreational vehicles. Transit Passenger Facility. A facility, including a park and ride, for the loading and discharging of train or bus passengers. Transition Zone. A zoning district that permits uses compatible with uses permitted in two adjacent zones that, without the transition zones, could be considered incompatible to each other. Transitional Area. (1) An area in the process of changing from one use to another; (2) An area that acts as a buffer between two land uses of different intensity and compatibility. Transitional Community Residence. A Community Residence that provides housing and a living environment for recovering alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide any treatment for alcohol or drug abuse. Truck Rental. A facility for the rental of new or used trucks. Trucks kept on the lot for rental purposes are not considered to be outside storage. Page 727 Trucking Company. A business, service or industry involving the use of commercial vehicles in the loading, unloading and transportation of cargo. The term may also include the fueling, maintenance, servicing, storage or repair of commercial vehicles or the storage of cargo. Turf. Any grassy area maintained by frequent mowing, fertilization and watering, commonly used for lawns and playing fields. Tutoring Center. An institution or place of education or instruction, other than a public or private school (primary or secondary), business school, or trade school, that is owned and operated privately for profit and that does not offer a complete educational curriculum. The term includes an educational testing center. TV Broadcasting & Other Communication Service. A building or portion of a building used as a place for television broadcasting or similar communication related activities. Twenty-four Inch Box Trees. Twenty-four inch box trees shall be a minimum of 8 feet in height, 6 feet in spread and 2 inch trunk caliper measured at 4 1/2 feet above the soil line. Two-Family Dwelling. A detached dwelling designed for and occupied exclusively by two families living independently of each other in separate swelling units on a single lot. Ultimate Height. With regard to an antenna, the maximum height of the antenna above ground level. Urban Core Area. Means the area defined as the Downtown Las Vegas Overlay District in LVMC 19.10.110. (Ord. 6608 §2, 12/06/17) Urban Lounge. An establishment that: 1. Is licensed for the sale of alcoholic beverages for consumption o the premises where the same are sold, and the sale, to consumers only and not for resale, of alcoholic beverages in original sealed or corked containers, for consumption off the premises where the same are sold; and 2. Meets the criteria for an urban lounge as set forth in LVMC 19.12.070. Use. The purpose (type and extent) for which land or a building is arranged, designed, or intended, or for which either land or a structure is occupied or maintained. Used For Residential Purposes. A lot that is five acres or less in area and contains a residential dwelling unit of a permanent nature. Utility Installation, Other than Listed. A facility or area used as (or for) a utility installation not specifically listed in this Title. The term does not include any type of wind energy conversion system. Utility Transmission Line (Class I). A utility line that is installed, operated and maintained by a municipality or a franchised utility company and is used for the transmission of: 1. Signals that pertain to the provision of telephone or cable service; or 2. Electrical power, if the line is designed to operate at less than 15,000 volts or, regardless of voltage, is proposed to be located within a utility corridor identified in the Public Facilities and Services Element of the Las Vegas 2020 Master Plan. Utility Transmission Line (Class II). A utility line that is installed, operated and maintained by a municipality or a franchised utility company and is used for the transmission of electrical power, where the line is designed to operate at 15,000 volts or more and is not proposed to be located within a utility corridor identified in the Public Facilities and Services Element of the Las Vegas 2020 Master Plan. Vacation. The abandonment of a right-of-way or easement, or the relinquishment of the City's interest (if any) in a government patent reservation. Valet Parking. A service provided in conjunction with a business or other establishment by which employees (or others acting on behalf of the establishment) park the vehicles of patrons or visitors in an area set aside for that purpose. Page 728 Variance. Approval to vary from the requirements of a development regulation. Vehicle, Classic or Antique. A motor vehicle that is 25 or more years old and, because of its limited production or exceptionally fine workmanship, is a rarity or of historic interest and has been, or is in the process of being restored, maintained, or preserved by automobile hobbyists. Vehicle, Junked. Any vehicle which is wrecked, partially wrecked, dismantled, or partially dismantled. Vehicle, Mechanically Inoperable. A vehicle that is temporarily inoperable due to the need for normal, reasonable and customary repairs before the vehicle can be operated on the roadways. Vehicle, Parking, Storage or Repair in Residential Zoning Districts. The parking, storage or repair of vehicles as an accessory use in residential zoning districts. Vehicle, Recreational. Any vehicle or trailer designed and used as a travel trailer, camper, motor home, tent trailer, boat, boat trailer, snowmobile, snowmobile trailer, camping trailer or other vehicle of a similar nature. Vehicle, Stored. A vehicle that has remained stationary in one place on any property in a residential zoning district for more than seventy-two consecutive hours. Wall/Fence, Front Yard. A structure which is designed to delineate or provide security along the front property line of a residential parcel, or to provide security within the front setback area of a residential parcel. Wall, Perimeter. An opaque structure constructed in accordance with the applicable standards of this Title with the purpose of providing security or a visual buffer within, along or in proximity to the property line of a subdivision or parcel and separating the subdivision or parcel from right-of-way, another land use or another property. Wall, Retaining. A wall with the grade on one side greater than the grade on the opposite side that is designed and constructed to withstand the lateral earth and hydrostatic pressures upon it. Wall, Screen. An opaque structure constructed in accordance with the applicable standards of this Title with the purpose of providing a buffer for privacy or to mitigate a potentially negative noise or visual impact. Wall Sign. Any sign (other than a projecting sign) which is attached parallel to a wall or building, or to a canopy or awning attached to a building. The sign may be painted on or erected upon the building, awning, or canopy. Warehouse/Distribution Center. An enclosed structure for the storage of goods for distribution or transfer to another location. Wedding Chapel. A facility which is made available to be rented for wedding ceremonies. Such facilities may include a chapel, dressing rooms, offices, reception facilities and gardens. Weekend Directional Sign. A sign used to direct traffic to residential subdivisions for sale. Welding Repair. A facility in which products made of metal or metal alloy are repaired by means of welding. Wholesale Showroom Facility. A building used primarily for the storage of goods and materials and secondarily for the display of merchandise for wholesale purchase. Window Sign. Any sign, picture, symbol or combination thereof, designed to communicate information about an on- premises activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is legible from the exterior of the window from a public right-of-way a distance of more than three feet beyond the lot line of the lot or parcel on which the sign is located. Wireless Communication Antenna. An antenna that transmits or receives, or both transmits and receives, wireless communication signals. The term does not include any device, such as a radio antenna, telephone antenna, television antenna, satellite dish antenna or amateur radio antenna, that is accessory or incidental to a residential use and is employed by an ultimate user to receive radio, television or other communication signals. Page 729 Wireless Communication Facility. An antenna tower, wireless communication antenna, or any associated structure or equipment, or combination thereof, that is intended for commercial or institutional use in connection with the transmission or reception of wireless communication signals. Wireless Communication Facility, Non-stealth Design. A wireless communication facility that does not qualify as a stealth design wireless communication facility. Wireless Communication Facility, Slim-line Design Pole. A wireless communication facility, consisting of a pole and one or more antennas, on which the antenna panels are narrow and closely spaced with one another atop the pole and extend no more than one foot beyond the circumference of the pole. Wireless Communication Facility, Stealth Design. A wireless communication facility that is designed to blend into the surrounding environment. Examples include without limitation: antenna tower alternative structures; roof-mounted antennas (with architectural screening when appropriate); building-mounted antennas painted to match the existing structure; antennas integrated into architectural elements (such as steeples or cupolas); antennas and antenna structures designed to look like light poles, flagpoles, or any other camouflaging techniques available on the market; and a cable microcell network which utilized multiple low-powered transmitters/receivers or repeaters attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. Wireless Communication Signals. Communication signals, including electromagnetic waves, analog signals, digital signals and other spectrum-based communication signals, that operate within the range of frequencies from 100KHz to 300GHz. The term does not include television broadcast signals; direct broadcast signals; direct broadcast satellite services; multi-channel, multi-point distribution services; or amateur radio signals. Xeriscape. The use of sound horticultural and creative landscaping practices to achieve water conservation, including proper planning and design, soil improvements; and the use of limited turf areas, mulches, low water demand plants, efficient irrigation and appropriate maintenance. Yard. The areas on a lot that are unoccupied by structures, except for projections and the specific accessory uses or structures allowed in those areas under the provisions of this Title. Yard, Corner Side. The yard of a corner lot extending from the front yard to the rear yard and between the street and the primary structure. Yard, Front. The yard area extending along the entire length of the front property line and the depth between the street right-of-way line and the primary structure. Yard, Rear. The yard area extending along the entire length of the rear property line and the depth between the rear property line and the primary structure. Yard, Side. The yard area extending from the front yard to the rear yard and between the side property line and the primary structure. Zoning District. An area designated on the Official Zoning Map in which certain uses are permitted and certain others are not permitted, all in accordance with this Title. (Ord. 6210 § 97-99, 09/05/12) (Ord. 6229 §9, 12/19/12) (Ord. 6250 §11, 05/01/13) (Ord. 6266 §34, 09/04/13) (Ord. 6321 § 5, 05/21/14) (Ord. 6333 § 3 through 4, 07/02/14) Page 730 (Ord. 6339 § 7, 08/07/14) (Ord. 6357 § 4, 10/01/14) (Ord. 6395 § 6 through 7, 01/21/15) (Ord. 6396 § 8 through 10, 02/04/15) (Ord. 6505 §1 through 8, 02/03/16) (Ord. 6684 §6, 05/01/19) FBC Definitions Accessory Dwelling Units (ADU). A subordinate dwelling unit added to, created within, or detached from a dwelling that provides basic requirements for independent living, sleeping, eating, cooking, and sanitation for one or more persons and which is located on the same lot as a single-family unit or other building type allowed under the T-Zone or Zoning District, as described in LVMC 19.09, 19.06, and 19.08, utilized for residential purposes. [Replaces existing definition for Accessory Structure, Class 1.] Active Ground Floor. A street frontage that allows for active visual engagement between the people outside of a structure and the use, activities, or people, located in the structure's ground floor. In an active ground floor the front façade of buildings and the main entrance face and open towards the right-of-way along which pedestrian access is provided. Along perimeters designated as Active Ground Floor on the regulating plan, the Shopfront frontage must be selected, and only non-reflective clear glass or non-reflective tinted glass with a visible light transmittance of about 60 percent must be used. Architectural Feature. An architectural element, which alone or as part of a pattern, embodies the style, design, or general arrangement of the exterior of a building or structure, including but not limited to the kind, color, and texture of building materials, and style and type of windows, doors, lights, porches, and signs. [Replaces existing definition.] Awning. A roof or cover that projects from the wall of a building over a door or window, and made of canvas, aluminum or a similar material, which may be fixed in place or retractable for the purpose of shielding a doorway or window from the elements. Balcony. A platform that projects from the wall of a building and is enclosed by a parapet or railing. Block Face. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing the architectural form of the edge of the block. Building Entrance. The place of pedestrian ingress and egress to a building most frequently used by the public. Building Form. The overall shape and dimensions of a building. Building Type. A structure defined by a combination of its configuration, placement on a lot, and function. Building, Main Body. The primary massing of a building. Building, Primary. See the definition for Building, Principal. Building, Secondary Wing. A building or structure that is physically attached to a primary building and that is secondary and incidental to the primary building. This definition does not include a parking structure. Bungalow Court. A building type that consists of a series of small, detached structures on a single lot, providing multiple units that are arranged to define a shared court. Ceiling Height, Ground Floor. The height from the finished floor to the finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces. Page 731 Ceiling Height, Upper Floor(s). The height from the finished floor to the finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces. Chamfered Corner. An external wall of a building that connects two perpendicular exterior walls, typically at a symmetrical 45-degree angle that creates a beveled edge to the building rather than a 90-degree corner. Civic. A term defining not-for-profit organizations that are dedicated to arts, culture, education, recreation, government, transit, and public parking facilities Civic Space. An outdoor area dedicated for public gathering and civic activities. Common Yard. A frontage type that has no fences or walls between front yards or between the front yard and the sidewalk that is visually continuous across multiple parcels providing a common landscaped area. Corner Entry. A pedestrian entrance located on the corner of a building. Courtyard. An unroofed area that is completely or partially enclosed by walls or buildings and often shared by multiple residential units or commercial spaces. Courtyard Building. A large structure composed of multiple attached or stacked units accessed from a shared courtyard, a series of courtyards, or a common corridor. Covered Parking. A portion of a parking area in which a shade structure(s) have been installed to provide shade for parked vehicles. Depth, Ground Floor Space. The distance from the street-facing façade to the rear interior wall of the ground-floor space available for an allowed use. Distance Between Entries. The horizontal distance measured parallel to the façade between entrances to a building or buildings. Dooryard. A frontage type with a shallow setback and front garden or patio, usually with a low wall at the frontage line, typically used in association with ground floor residential uses. Page 732 Downtown Industrial. Uses that are industrial in nature but are deemed compatible with the surrounding downtown uses and help enhance job opportunities in a centralized location. These uses, for which the single individual use condition is replaced by a uniform list of conditions, include, for example: Auto Repair Garage, Major; Auto Repair Garage, Minor; Building & Landscape Material/Lumberyard; Building Maintenance Service and Sales; Cleaners, Commercial/Industrial; Cold Storage Plant; Construction Material Supply Yard; Contractor's Plant, Shop & Storage Yard; Custom & Craft Work; Garden Supply/Plant nursery; Heavy Machinery and Equipment (Rental, Sales, and Service); Light Assembly & Fabrication; Manufacturing, Light; Post Office, Regional; Rail/Transit Yard or Shop; Warehouse/Distribution Center; Welding Repair; Wholesale Showroom Facility. Downtown Residential. Uses that are residential in nature and conducive to a diverse mix of housing options throughout the twelve Downtown Districts. These uses include, for example, the following: Single Family, Attached; Single Family, Detached; Single Family, Zero Lot Line; Townhouse; Two-Family Dwelling; Multi-Family Residential. In order for such uses to be allowed, a compatible Building Type allowed in the Zone as per 19.09.050 must be selected; if the use is not compatible with any Building Type allowed within a specific Zone, the use is not allowed in that Zone. Downtown Retail. Stores and shops selling many lines of merchandise to the ultimate consumer for any purpose other than for resale, including, for example, the following stores and lines of merchandise: Art galleries, retail; Auction House; Banquet Facility; Copy Center; Desktop Publishing; General Retail Store, Other Than Listed; Garden Supply/Plant Nursery; Internet/Catalogue Sales Office; Laundry, Self-Service; Pet Shop; Rental Store; Secondhand Dealer; Shopping Center; Sound Stage; Thrift Shop. Downtown Services. Facilities primarily engaged in providing personal services, commercial services, and miscellaneous repair services and shops, including, for example, the following: Animal Hospital, Clinic, or Shelter (with no Outside Pens); Business School; Catering Service; Check Cashing Service, Limited; Employment Agency; Financial Institution (General); General Personal Service; Health Club; Massage Accessory; Martial Arts Studio; Post Office, Local Service; Printing & Publishing; Tutoring Center; Trade School; Wedding Chapel. Duplex - Front and Back. A residential building designed to be occupied by two families living independently of each other with two attached dwelling units on one lot with one unit placed behind the other and sharing a common wall. [Replaces existing definition for Duplex.] Duplex - Side by Side. A residential building designed to be occupied by two families living independently of each other with two attached dwelling units on one lot with two side-by-side living units sharing a common wall. Duplex - Stacked. A residential building designed to be occupied by two families living independently of each other with two attached dwelling units on one lot with one unit stacked on top of the other. Encroachment into Façade Zone. Any architectural feature, structure, or structural element, such as an arcade, gallery, fence, garden wall, porch, stoop, balcony, bay window, or terrace, that breaks the plane of a horizontal regulatory limit extending into the façade zone or a setback, or into the public right-of-way. Entry. An opening, such as a door, passage, or gate, that allows access to a building. Façade, Primary. The exterior wall of a building facing a primary street. Façade, Secondary. The exterior wall of a building facing a secondary street or side street. Façade Zone. The area between the minimum and maximum setback lines along the front of a parcel and along the side street of a corner parcel. Finish Level, Ground Floor. The height difference between the finished floor on the ground floor and the adjacent public sidewalk. Flex Low-Rise Building. A medium- to large-size structure on a large lot that may incorporate structured parking. In this building type, each unit may have its own individual entry, or units may share a common entry, accessed from the street or a courtyard or series of courtyards. It can be used to provide a vertical mix of uses or may be a single-use building. Page 733 Flex Mid-Rise Building. A medium- to large-size structure built on a large lot that typically incorporates multi-level structured parking that is used to provide a vertical mix of uses or may be a single-use building. Flex High-Rise Building. A large and tall structure built on a large lot that typically incorporates multi-level structured parking used to provide a vertical mix of uses with ground-floor retail or service uses, and service or residential uses on upper floors. This building type is a primary component of an urban downtown. Footprint. The outline of the area of ground covered by the foundations of a building or structure. Forecourt. The Forecourt Frontage has a portion of the façade close to the frontage line while the central portion is set back creating a small courtyard space. The courtyard may be used as an entry court or as shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within retail and service areas. Frontage. A strip of land abutting a thoroughfare, civic space, or other public right-of-way. Frontage Line. The lot line(s) of a lot fronting a thoroughfare or other public way, or a civic space. Frontage Private. The area between the building façade and the shared lot line between the public right-of-way and the lot. Frontage Public. The area between the curb of the vehicular lanes and the edge of the right-of-way. Furniture Area. The portion of the sidewalk that allows for the placement of street trees, transit stops, street lights, benches, trash containers, bike racks, or other street furnishings or equipment without restricting the movement of pedestrians. Gallery. A frontage type typically used in retail applications where the façade is aligned close to the frontage line with an attached cantilevered shed roof or a lightweight colonnade overlapping the sidewalk. Glazing. The windows and other openings in a building in which glass is installed. Greenway. (Placeholder) Ground Floor. The floor of a building located nearest to the level of the ground around the building. Large House. A large detached structure consisting of one unit usually sited on a large lot. Lined Building. A two-part building consisting of an exterior occupiable building specifically designed to mask the interior building consisting of a parking structure, building with few windows, or parking lot, from a frontage. Live/Work. An integrated housing unit and working space, occupied and utilized by a single household in a building, either single-family dwelling or multiple-family dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes a complete kitchen space and sanitary facilities and working space reserved for, and regularly used by, one or more occupants of the unit. [Replaces existing definition for Live/Work Unit.] Loading Dock. A platform where cargo from vehicles or trains can be loaded or unloaded. Loft. A building type built to be a space adaptable to a variety of purposes thanks to floorplan, materials, and site layout considerations that help facilitate the coexistence between dissimilar uses. Medium House. A medium-size detached structure, consisting of one unit, usually sited on a medium size lot. Minimum Canopy Clearance. Measurement from the ground to the bottom of a tree. Page 734 Mixed-Use. A single building containing more than one type of land use or a single development of more than one building and use including, but not limited to, residential, office, retail, recreation, public, or entertainment uses, where the different land use types are in close proximity, planned as a unified complementary whole, and shared pedestrian and vehicular access and parking areas are functionally integrated. Mixed-uses may be integrated vertically (i.e. two or more different uses occupy the same building usually on different floors) or horizontally (i.e. two or more different types of uses are placed next to each other on the same parcel, planned as a unit, and connected together with pedestrian and vehicular access). [Replaces existing definition for Mixed-Use.] Multi-Plex, Large. A large-sized structure consisting of side-by-side and/or stacked dwelling units, typically with one shared entry that is appropriately scaled to fit in within medium-density or more urban neighborhoods. Multi-Plex, Small. A medium-size structure consisting of side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front of the building. This building type has the appearance of a medium- to large-size family home and is appropriately scaled to fit sparingly within primarily single-family neighborhoods or into medium density neighborhoods. Parapet. A low wall along the edge of a roof or the portion of a wall that extends above the roof line. Parking Driveway Width. The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel. Playgrounds. A type of civic space designed and equipped for children's recreation. Plazas. A type of formal civic space used for in an urban setting for civic, passive recreation, relaxation, and commercial activities, and typically provided with seating, ornamental fountains, and public art that is improved, landscaped, and paved, and spatially defined by building frontages. [Updates existing definition.] Pocket Parks. A type of civic space that provides small-scale public urban open space intended to provide recreational opportunities where space is limited in close proximity to neighborhood residences. Pocket Plazas. A smaller type of formal urban civic space than a plaza, that functions in a similar manner and follows the same rules as a larger plaza. Porch, Engaged. An engaged porch has two sides of the porch that are connected to the building while the other two sides are open. Porch, Projecting. A projecting porch is open on three sides and has a roof. Public Services, Minor. Utility services for the use of the public that include utility substations, pumping stations, and other transmission and distribution facilities. Recessed Entry. An entrance to a building that is set back from the façade of the building. Recreation, Active. Recreational pursuits usually performed with others and often requiring equipment which require physical alteration to the area in which they are performed. Such areas are intensively used, and include but are not limited to playgrounds, sport courts, baseball/softball and other field sports, and swimming pools. Recreation, Passive. Recreational pursuits involving existing natural resources which can be carried out with little alteration or disruption to the area in which they are performed. This includes, but is not limited to, such activities as walking, hiking, bicycling, bird and animal watching, and picnicking. Regulating Plan. The map of an area designating the locations of Transect Zones and identifying key elements such as required retail frontages and civic spaces. A regulating plan is typically incorporated into the City's official Zoning Map. Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation for public use for pedestrian and vehicular movement occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other public utility or facility. [Updates existing definition.] Rowhouse. A single-family dwelling that shares a party wall with another of the same type placed side-by-side with individual entries along the front and dedicated private open space for each unit typically located in the rear. Page 735 Service Entry. An entrance to a building providing access for the delivery of goods and the removal of refuse, as well as access for the occupants/employees of the building. Shade Structure. A structure erected to provide shade over areas such as patios, parking areas, and walkways. Shade Structure, Projecting. A structure attached horizontally to the side of a building to provide shade for a sidewalk, walkway, terrace or patio. Shopfront. A type of frontage, typically for commercial and retail use, where the façade is aligned close to the frontage line with the building entrance at the level of the sidewalk. Sidewalk. The portion of a right-of-way that is paved and intended exclusively for pedestrian use, and often installed between the curb and adjacent property lines. Simple Wall Plane. A wall of a building or buildings usually placed parallel to a street right-of-way that is designed in a uniform manner with minimal horizontal articulation of smaller building masses, yet may have architectural details and features such as doors, bay windows, overhangs, or canopies, to provide interest. Small House. A small detached structure, consisting of one unit, usually sited on a small lot with private open space. Square. A type of civic space providing a public urban open space for civic purposes, commercial activity, unstructured recreation, and other passive uses. Squares are defined by buildings and tree-lined streets with open shelters, paths, lawns, and trees formally arranged. Stoop. A frontage type where the façade is aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to secure privacy for first-story windows and the entrance usually as an exterior stair and landing. Street Frontage. See the definition for "Frontage Line". Tandem Parking. A parking space deep enough to allow two cars to park one behind the other. Temporary Uses. A permitted short-term activity including Parking Lot/Sidewalk Sales, Seasonal Outdoor Sales, Temporary Contractor's Construction Yards, Temporary Outdoor Commercial Events, Temporary Real Estate Sales Offices, and similar non-permanent uses. Terrace. A frontage type where the main facade of the building is at or near the frontage line with an elevated terrace providing public circulation along the façade. Thoroughfares. A right-of-way for use by vehicular, pedestrian, and bicycle traffic that provides access to lots and open spaces, and that incorporates vehicular lanes and public frontages. Thoroughfare, Primary. The street with the highest building orientation priority, as indicated in the Thoroughfare Plan for each Downtown District. Thoroughfare, Secondary. The street with the second highest building orientation priority, as indicated in the Thoroughfare Plan for each Downtown District. Thoroughfare, Tertiary. A street with minimal mobility functions and serving mainly for parking and delivery access, as indicated in the Thoroughfare Plan for each Downtown District. Transect. A cross-section of the environment showing a range of different habitats or environments. The rural-to-urban transect used in LVMC Chapter 19.09 (Form-Based Code) is divided into six Transect Zones that range from the most natural to the most urban. These zones describe the physical form and character of a place according to the density and intensity of its land use and urbanism. Transect Zone. One of several environments on the Zoning Map regulated by the standards found within LVMC Chapter 19.09 (Form-Based Code). Transect Zones are ordered from the most natural to the most urban. Transect Zones are administratively similar to the land-use zones in the Unified Development Code, except that in addition to the usual building use, density, height and setback requirements, other elements of the intended environment are integrated, including building types and the public frontages. Page 736 Transparency. The area of a frontage, usually applied to the ground floor of a building, that must contain a minimum amount of transparent glass. Two-Family Dwelling. A detached dwelling designed for and occupied exclusively by two families living independently of each other in separate dwelling units on a single lot. See also, Duplex, Front and Back; Duplex, Side by Side; and Duplex, Stacked. [Updates existing definition.] Unit. A discrete portion of a building. Upper Floor. A floor in a building containing habitable space that is located above the ground floor. Urban Park. A civic space type providing a central open-space area for neighborhoods or groups of neighborhoods useful for unstructured recreation and smaller structured recreational facilities. Walkway. A paved way located on one or more lots used for pedestrians and for the exclusive use of the lot owner(s), their guests, and invitees. Wall Plane. A vertical surface defined by the façade of a building. 19.18.030 Measurement Rules This Section explains how to calculate results and determine various measurements referenced in this Title. A. Density/Intensity 1. Gross Acreage Gross acreage is calculated by measuring the total land area within the property lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for a public use are deducted from such lot or parcel. 2. Density Density is calculated by dividing the number of dwelling units on a site by the gross acreage of the site on which the dwelling units are located. For purposes of calculating residential density, dedicated rights-of-way within a site, and that portion of existing dedicated rights-of-way adjoining a site that is between the street or alley centerline and the site boundaries shall not be included. 3. Lot Coverage Measured as a percentage of the lot area covered by all buildings and structures (not including non-building impervious surfaces such as driveways, patio slabs, and sidewalks), as measured from the outside of the building or structure at ground level unless otherwise specified in this Title. 4. Gross Floor Area (GFA) Measured as the sum of the horizontal areas of all floors of a building or structure measured from the exterior face of exterior walls, but excluding any space where the floor-to-ceiling height is less than six feet. 5. Net Floor Area Measured as the difference of the gross floor area and the sum of the horizontal areas of all floors of a building or structure used for stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading spaces and any floors which are not used or intended to be used for human habitation or service to the public. 6. Floor Area Ratio (FAR) Measured as the ratio of the gross floor area of all buildings and structures on a lot divided by the total site area. B. Height Page 737 1. Building Height (See Figure 1) Measured as the vertical distance in feet between the average finished grade along the front of a building and either the highest point of the coping of a flat roof, the deck line of a mansard roof or the average height level between the eaves and ridge line of a gable, hip or gambrel roof. 2. Wall/Fence Height (See Figure 2) Measured as the vertical distance in feet from the finished grade, on the side with the greatest vertical exposure above the finished grade, to the top of the fence or wall. Figure 1 - Building Height Measurement Figure 2 - Wall/Fence Height Measurement Side "A" is a greater vertical exposure above the finished grade, to the top of the fence or wall than Side "B" therefore the wall height is determined by side "A" Figure 3 - Setbacks C. Setbacks 1. Attached Buildings Attached buildings, whether principal or accessory, shall be treated as a single structure for the purpose of applying setbacks. This requirement shall not apply to residential patio covers, carports, or open shade structures. 2. Measurement (See Figure 3) Setbacks shall be measured as the distance between the nearest lot line and the foundation of a building or structure along a line at right angles to the lot line. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Page 738 Allowable projections into setback areas shall not be utilized for measurement of setbacks. D. Computing Parking 1. Parking-Impaired Development A land use or building which is existing on the effective date of this Title and which complied with the applicable parking standards at the time the use or building was established, but which does not comply with the on-site parking requirements of this Title, shall not be considered a nonconforming use or non-conforming building; but rather, it shall be considered a "parking-impaired development." The following rules shall apply to the remodeling, alteration, expansion or reuse of parking-impaired developments: a. Building permits and certificates of occupancy may be issued for remodeling or structural alterations of parking-impaired developments without requiring compliance with the on-site parking requirements of this Title, provided that such work does not increase the building area or result in a change of use that requires an increase in the number of required parking spaces. b. For any remodeling, alteration, or expansion of a parking-impaired development that requires an increase in the number of required parking spaces, including the expansion of existing buildings or the construction of new buildings, only the increased number of parking spaces shall be required. c. For any change of use that requires an increase in the number of required parking spaces, only the increased number of parking spaces shall be required. 2. On-Site Parking Requirements a. Calculations. When measurements of the number of required spaces for one or more uses on a site result in fractions, the space requirements for each use shall be rounded upward to the next whole number of spaces. b. Different Use Areas. Parking shall be calculated separately for each different use area in a building or on a site, including any ancillary use, unless otherwise allowed by a provision of this Title. c. Parking Based on Seating. When the parking requirements are based on seating and the seating consists of benches or pews, each twenty linear inches of bench or pew shall be considered one seat. d. Parking Based on Floor Area. Unless specifically stated otherwise, when computing parking requirements based on the amount of square footage in buildings, all calculations shall be on a gross floor area basis. e. Parking Based on Employees. For the purpose of computing parking requirements based on the number of employees, calculations shall be for the largest number of persons working on any single shift. f. Single Family Parking. Driveways may be used to satisfy minimum on-site parking requirements for single family dwellings, provided that sufficient space is available to satisfy the minimum design standards. g. Unimpeded Parking. No parking space shall be located so as to require the moving of any vehicle on the premises in order to enter or leave any other space. 3. Handicapped Parking Calculations a. Except as otherwise provided in this Paragraph (3) or required by the City's Building Code, handicapped parking spaces shall be provided for all uses other than residential at the rate shown in Table 1 below: Table 1 - Handicap Parking Requirements 19.18.030(D) Total Number of Required Parking Spaces Number of Handicapped Parking Spaces Required 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 Page 739 Table 1 - Handicap Parking Requirements 19.18.030(D) Total Number of Required Parking Spaces Number of Handicapped Parking Spaces Required 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total required spaces 1,001 and above 20 spaces, plus 1 space for each 100 over 1,000 spaces or fraction thereof. b. In the case of a parking lot accessed by the public, parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles, or vehicular impound are not required to be counted in calculating the number of required handicapped parking spaces pursuant to Table 1 if and only if the lot is provided with a passenger loading zone complying with Section 503 of the ADA Standards for Accessible Design. c. A minimum of one vehicle with a side-loading wheelchair lift parking space shall be provided in all parking lots and structures where handicap parking is required. When multiple handicap parking spaces are required pursuant to Subparagraph (a) above, then one in every six required spaces shall be a vehicle with a side- loading wheelchair lift parking space. d. Handicap parking spaces shall be designed as provided for in LVMC 19.08.110(C)(3). (Ord. 6206 § 2, 08/15/12) 4. Parking Alternatives. The Director is authorized to allow parking requirements to be met by any method described in this Paragraph (4), or any combination of such methods. a. Off-Site Parking. The parking requirements may be met by locating the required parking spaces on a separate parcel from the lot on which the principal use is located. Off-site parking may be approved only if: i. The parcels containing the use and the off-site parking are under common ownership; ii. The parcel to be used for parking is located not more than three hundred feet from the building or use it is intended to serve; iii. The parcel to be used for parking is not separated or divided from the building or use it is intended to serve by a freeway, expressway, highway or primary thoroughfare; iv. The applicant satisfies the Director that the use of the off-site parcel for parking will not be detrimental to public safety; and v. The owner of the parcels executes an agreement or similar document, satisfactory to the City Attorney, which outlines the terms and conditions of the off-site parking use. The document must contain the legal description of both the off-site parcel and the parcel where the principal use is located and must be of sufficient duration to ensure the continued use of the off-site parcel for parking. In order to provide record notice of the existence of the off-site parking arrangement, the City may record the document in the office of the County Recorder, or require the applicant to do so. b. Shared Parking. The parking requirements may also be met by securing the consent to share parking facilities on another parcel and under another ownership. Shared parking may only be approved if: i. The shared facilities are located on a parcel zoned for such use; ii. The shared facilities are not more than three hundred feet from the building or use they are intended to serve; iii. The shared facilities are not separated or divided from the building or use they are intended to serve by a freeway, expressway, highway or primary thoroughfare; Page 740 iv. The owners of the parcels cooperatively establish and operate the facilities; v. The uses separately generate parking demands, primarily during hours when the remaining uses are not in operation; vi. A minimum number of spaces are provided to meet the requirements of the use with the single greatest parking demand; vii. Satisfactory evidence, as deemed by the Director, has been submitted describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict; and viii. The owners of the parcels execute an agreement, satisfactory to the City Attorney, which outlines the terms and conditions of the shared parking arrangement. The agreement must contain the legal description of both parcels and must be of sufficient duration to ensure the continued use of the shared parking facilities. In order to provide record notice of the existence of the shared parking arrangement, the City may record the agreement in the office of the County Recorder, or require the applicant to do so. c. Mixed-Use Development--Alternative Parking Requirements. Mixed-use developments that are approved pursuant to LVMC Chapter 19.12 may utilize Table 2 below for determining parking requirements as an alternative to those otherwise applicable under this Paragraph and LVMC Chapter 19.12. A hotel/casino mixed-use development may choose the alternative determination available under this Subparagraph (c) or the administrative reduction available under Subparagraph (d) of this Subsection, but may not take advantage of both alternatives or any combination thereof. Table 2 - Mixed-Use Developments- Alternative Parking Requirements 19.18.030(D) GENERAL LAND USE CLASSIFICATION WEEKDAYS Mid - 7am 7am - 6pm 6pm - Mid Office & Professional 5% 100% 5% Retail & Personal Services 0% 100% 80% Residential 100% 55% 85% Restaurant 50% 70% 100% Hotel 100% 65% 90% Theaters/Entertainment & Amusement 0% 70% 100% GENERAL LAND USE CLASSIFICATION WEEKENDS Mid - 7am 7am - 6pm 6pm - Mid Office & Professional 0% 60% 10% Retail & Personal Services 0% 100% 60% Residential 100% 65% 75% Restaurant 45% 70% 100% Hotel 100% 65% 80% Theaters/Entertainment & Amusement 5% 70% 100% i. Calculation of Parking Requirement. Calculate the number of spaces required for each use based on the applicable parking requirements calculated under this Paragraph and LVMC Chapter 19.12. Applying the general land use category listed above to each proposed use, utilize the percentages to calculate the number of parking spaces required for each time period (six time periods per use). Add the number of spaces required for all applicable land uses to obtain a total parking requirement for each time period. Select the time period with the highest total parking requirement, and utilize that total as the mixed-use parking requirement. Page 741 ii. Changes in Use. Any proposed changes in the commercial uses for an existing approved mixed-use development shall be submitted to the Department for review and a determination of consistency with the parking requirements set forth in Table 2. Where a change in use will increase the number of parking spaces required, the additional spaces shall be provided. d. Alternative Parking Standard--Parking Demand Analysis. Where the unique operation of a particular use creates a lesser parking demand than the parking requirements otherwise applicable under this Subsection and LVMC Chapter 19.12, an alternative parking standard for the use may be established in conjunction with the submittal of a Parking Demand Analysis. In order to qualify for consideration, a Parking Demand Analysis must be signed and sealed by a professional traffic engineer, must document the weekday and weekend peak parking demand for the proposed use(s) for the site, and must provide justification for the alternative parking standard. The request for an alternative parking standard pursuant to this Subparagraph (d): i. Shall follow the process for a Special Use Permit application under LVMC 19.16.0110, to the extent the process can be made applicable. ii. May be approved as requested, or as modified, and may be made subject to conditions if the Planning Commission or City Council, as the case may be, determines that approval of the alternative parking standard is warranted. e. Hotel/Casino Mixed-Use Parking Requirements. The Director may authorize a reduction in the total number of required parking spaces for hotel/casino mixed-use developments. Such reduction shall apply only to such uses as restaurants, retail stores, amusement/recreational facilities and similar uses which are clearly ancillary to the hotel. Required parking for supplementary uses may be reduced to one-half of the parking required for each use as specified in this Title. In determining the parking requirement, the following shall be considered: i. The characteristic of each use and the projected peak parking demand, including hours of operation; ii. The potential reduction in vehicle movements afforded by multi-purpose use of spaces by employees or customers; iii. The potential reduction in vehicle trips afforded by multiple use of the facilities by guests and customers; and iv. The extent to which the applicant can document the lack of potential conflict among parking needs and facilities. Figure 4 - Sign Area Measurement - 2 Sided Flat Sign Width x Height = Sign Area E. Signage 1. Measurement of Sign Area -- General a. The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that encompasses the smallest perimeter of the sign's message. b. Except as otherwise provided in this Subsection, the area of a sign face does not include any supporting framework, bracing, architectural detail or decorative fence or wall which is clearly incidental to the sign. Where the supports or structural elements constitute a commercial symbol, logo, or text, those elements shall be computed as part of the sign area. 2. Measurement of Sign Area - Specific Types Figure 5 - Sign Area Measurement - 2 Sided Angled Signs Page 742 If angle is 60° or less then, Width x Height = Sign Area If angle is greater than 60° then, (Width 1 x Height 1) + (Width 2 x Height 2) = Sign Area Figure 6 - Sign Area Measurement - 3 Sided Sign Largest Side (Width x Height) + 2nd Largest Side (Width x Height) = Sign Area a. Sign cabinets. The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet surrounding the sign face. (See Figure 4) b. Two sided freestanding signs (See Figure 5) i. Signs with two faces intersecting at an angle of 60 degrees or less shall be computed by measuring the area of the largest sign face. ii. Signs with two faces intersecting at an angle of greater than 60 degrees shall be computed by measuring the area of both sign faces. c. Three sided signs. The total area of signs with three faces shall be the sum total area of the two largest faces. (See Figure 6) d. Four-sided signs. The total area of signs with four sign faces arranged in a square, rectangle, or diamond shall be the sum total area of the two largest opposing faces. If the faces are equal in size, the total area of the sign shall be the sum of two of the intersecting faces. (See Figure 7) e. Cylindrical or spherical signs. The area of a cylindrical sign shall be the diameter multiplied by the height of the cylinder. The area of a spherical sign shall be the radius of the sphere squared multiplied by 3.14. (See Figure 8) f. Multiple cabinets. For freestanding and projecting signs that contain multiple cabinets on one structure and oriented in the same direction, the modules together are counted as one sign face g. Signs on a base material. When a sign is on a base material and attached without a frame, such as a wood board or Plexiglas panel, the dimensions of the base material are to be used. h. Individual elements. When signs are constructed of individual elements attached to a building elevation, the overall sign display shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the limits of the sign message. (See Figures 9, 10 and 11) i. Painted wall signs. Painted wall signs shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the limits of the sign elements. Visible area of the building elevation includes windows and doors, but not openings such as loading entrances. j. Awnings and marquees. When signs are incorporated into Figure 7 - Sign Area Measurement - 4 Sided Sign Page 743 If Side A is larger than Side C and Side B is larger than Side D then, Side A (Width x Height) + Side B (Width x Height) = Sign Area. If opposing sides are equal then, Side B (Width x Height) + Side C (Width x Height) = Sign Area. Figure 8 - Sign Area Measurement - Cylindrical/Spherical awnings, the sign area is determined by computing the area of an imaginary rectangle drawn around the sign face. When the ends of awnings or marquees are parallel or within 60 degrees of parallel and contain sign faces, only one side is counted in addition to the sign face area on the front. k. Changing Image Sign i. Changing image sign features are measured by drawing an imaginary rectangle around the edge of each of the changing elements. Sign elements will be measured as one unit when the individual elements are read as one single message. ii. When used as a border around an otherwise static sign, changing image sign elements are measured by drawing a series of rectangles around the changing elements. iii. When the changing image sign feature is composed of moving light from a projected source, including laser light, or other display that has the appearance of a static element moving across a static background, the changing image sign element shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that encompass the limits of the projected image. 3. Height Computation (See Figure 12) a. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. b. Normal grade shall be the lower of: i. Existing grade prior to construction; or ii. Newly established grade after construction, exclusive of any filling, berming, mounding or excavating for the sole purpose of locating the sign. c. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal building, whichever is lower. 4. Building Elevation, Determination, and Computation a. In general, a building will have four elevations, one for each side. A building elevation shall include all vertical elements of the building facing in the same general direction, including articulations and offsets. b. The area of the building elevation shall be the surface area of the elevation, measured from normal grade (see Cylinder Height x Diameter = Sign Area 3.14 x (Radius 2) = Sign Area for Circle or Sphere Page 744 definition under "height computation") to the top of the wall, including windows, doors and other voids but not including the area of intervening portions of the elevation that face in another direction and that create offsets, articulations, entries or other architectural features. c. The area of a building elevation shall not include any part of the roof or any part of the wall that deviates from a vertical, 90-degree angle to the plane surface of the lot, by more than 10 degrees. Figure 9 - Sign Area Measurement - Individual Elements Figure 10 - Sign Area Measurement - Individual Elements In the case of an odd shape, calculate the smallest regular geometric shape (triangle, rectangle or circle) that encompasses the perimeter of the sign and add the areas together for the total area. Page 745 Figure 11 - Sign Area Measurement - Channel Letters Figure 12 - Sign Height Measurement The smallest continuous perimeter that encompasses the entire coherent message is used The smallest continuous perimeter that encompasses the entire coherent message is used, in this case, the perimeter is adjusted for the smaller height letters The smallest continuous perimeter that encompasses the entire coherent message is used, in this case, the words making up the message are intentionally spread far apart Page 746 APPENDICES Contents: Appendix A Parcel Map Application Checklist Appendix B Tentative Map Application Checklist Appendix C Final Map Application Checklist Appendix D Monumentation Requirement Appendix E Required Certificates Appendix F Interim Downtown Las Vegas Development Standards Page 747 Appendix A Parcel Map Application Checklist The following information/data shall be submitted with each parcel map application: A. One (1) copy of the County Assessor's map showing all area within six hundred sixty (660) feet of subject property and depicting all area therein owned by the applicant. B. One (1) copy of the recorded deed reflecting current ownership and description of property, or one (1) copy of any other document which shows such ownership to the satisfaction of the City Attorney. C. Signed approval form from the Las Vegas Valley Water District. D. Parcel Map Contents: 1. Certificate of ownership and easement dedication, dedicating easements, alleys, streets, highways or other public ways as shown on the map (per Appendix E); 2. Certificate of land surveyor, signed and sealed by the professional land surveyor who was responsible for the survey (per Appendix E); 3. All monuments found, set, reset, replaced or removed, describing kind, size and location and other data relating thereto; 4. Bearing or witness monuments, basis of bearings, bearing and length of lines and scale of map; 5. Name and legal description of tract in which survey is located and ties to adjoining tracts; 6. Existing easements granted or dedications made within one hundred fifty (150) feet of the parcel boundaries, if applicable; 7. Street names, location and width of existing and proposed rights of way to serve as access for the parcels, up to a minimum of one hundred fifty (150) feet from boundary of proposed division, and access streets connecting development to existing dedicated streets; 8. Where applicable, proposed street names and addresses for each lot, in accordance with the City's street addressing regulations; 9. Survey analysis sufficient to delineate boundary controlling monuments; 10. Identification of adjoining properties; 11. A legend, as necessary, which denotes the meaning of all symbols utilized and includes the date and north arrow; Page 748 12. Dimensions of property and parcels to be created, which shall be shown in acres, calculated to the nearest one hundredth (0.01) of an acre, if an area is two (2) acres or more, or in square feet if area is less than two (2) acres; 13. All proposed and existing structures and other physical features that have bearing on the proposed division, which shall be shown to scale and with setbacks clearly defined; 14. Certificate of approval by the Director of Planning and the City Surveyor; 15. Impact Statement, if required; and 16. Location of all trails. E. Supplemental Information The following supplemental information may be required by the Department of Public Works prior to the approval of the parcel map. When required, it shall be submitted on separate drawings or sheets: 1. All off site improvements proposed by the applicant that have a bearing on the proposed division; and 2. Certification by a surveyor that the parcel map complies with NRS Chapter 278, if the City Surveyor has waived the requirement for a new survey and the map is prepared from a previously recorded survey. Page 749 Appendix B Tentative Map Application Checklist The following information/data shall be submitted with each tentative map application: A. Tentative Map Contents 1. Name of the proposed subdivision. 2. Names, addresses and phone numbers of owner, subdivider and surveyor or engineer. 3. A legend which denotes the meaning of all the symbols used and which includes the date, north arrow and scale. 4. A location map giving sufficient legal description to describe tract boundaries and relationships to surrounding areas and existing public streets. 5. Identification of adjoining properties (APNs). 6. Existing topography (obtained by actual survey at one (1) foot contours (based on city datum) on site and within one hundred fifty (150) feet of the proposed subdivision (except for the interior of existing subdivisions within one hundred, fifty (150) feet). The Department of Public Works may require larger contour intervals for large tracts. 7. Existing structures and other physical features. 8. Existing and proposed lot lines and dimensions. Each proposed lot shall be numbered in sequence. Letters may be used to identify common lots. 9. Existing and proposed street right of way widths, grades (with the direction of drainage indicated) and corner radii. 10. Existing and proposed street names. 11. A table containing the total number of lots (commercial or residential), number of common lots, and gross and net areas of the map. 12. Locations and widths of existing and proposed utility rights-of-way and easements. 13. Locations and widths of existing and proposed irrigation or drainage ditch rights-of-way and easements. 14. Existing and proposed storm drains. 15. Proposed sanitary sewer systems, showing pipe sizes, manholes, direction of flow and point of connection to Page 750 existing facilities. 16. Existing and proposed potable water mains and, for subdivisions to be supplies by wells, the location, pressure and capacity of such wells, and the potential population capable of being served by such wells. The wells must be authorized under State certificate. 17. Proposed reservations or dedications for parks, trails, open spaces, schools, or other public or quasi public uses. 18. Existing street names, rights of way and pavement widths for streets within one hundred fifty (150) feet of the proposed subdivision. 19. If required, an Impact Statement in accordance with LVMC 19.16.010(E) and a Traffic Management Plan. 20. Note on the map indicating whether streets, drainage corridors, sewer corridors, parks, trails, open spaces and schools are to be public or private. 21. Note on the map that above ground utility boxes shall not be placed within trail corridors, if trail areas are designated on the map. B. Supplemental Information The following supplemental information may be required by the Department of Public Works or the Department of Planning. When required, it shall be submitted on separate drawings or sheets. 1. A Traffic Impact Analysis, Single Subdivision Access Report, or Master Driveway and Onsite Circulation Plan, prepared in accordance with City standards or as directed by the City Traffic Engineer. 2. Development Impact Notice and Assessment (DINA) per Section 19.16.010(E) of the Unified Development Code. 3. Any proposed deviations from City standards. 4. A copy of the deed for the property, if required. 5. Whenever, on the perimeter of a project, walls are proposed which (1) face a public street or adjoining property not in common ownership; (2) are within a single plane and are not separated by landscaping; and (3) exceed the maximum acceptable wall heights indicated in LVMC Title 19 or the applicable Special Area Plan, the applicant shall submit three copies of a plan or proposed perimeter grades which indicates all such walls. This plan may be superimposed on the tentative map but must be legible. The plan shall include cross sections of all sections of the project perimeter with walls which exceed the heights indicated in LVMC Title 19 or the applicable Special Area Plan. 6. If applicable, a letter indicating that an in lieu of park is proposed. Page 751 Appendix C Final Map Application Checklist The following information/data shall be submitted with each final map application: A. Final Map Contents 1. Name of proposed subdivision (which should include designation as a condominium, townhouse, residential planned development or commercial subdivision, if applicable). Note: The name on the final map must match the approved tentative map exactly. 2. A legend which denotes the meaning of all the symbols used and which includes the date, north arrow and scale. 3. Identification of adjoining properties (APNs). 4. A survey analysis sufficient to delineate boundary controlling monuments. 5. Existing and proposed lot lines and dimensions, including the square footage of all proposed lots. Each lot shall be numbered in sequence. Letters may be used to identify common lots. 6. Existing and proposed street right of way widths and corner radii. 7. If an amend map, a description of items being amended. 8. A table containing the total number of lots (commercial or residential), number of common lots, and gross and net areas of the map. 9. Locations and widths of existing and proposed utility rights of way and easements. 10. Locations and widths of existing and proposed irrigation or drainage ditch rights of way and easements. 11. All monuments found, set, reset, replaced or removed, describing kind, size and location and other data relating thereto. 12. Bearing or witness monuments, basis of bearings, bearing and length of lines and scale of map. 13. Name and legal description of tract in which survey is located and ties to adjoining tracts. 14. Areas of unobstructed vision at intersections, as described in LVMC Chapter 19.02. 15. Note on the map whether streets, drainage corridors, sewer corridors, parks, trails, open spaces and schools are to be public or private. Page 752 16. Note on the map that above ground utility boxes shall not be placed within trail corridors, if trail areas are designated on the map. B. Required Certifications In addition to any other certifications required by State law, the following certifications shall appear on the title sheet of the final map. Copies of required certificate format are presented in Appendix E. 1. Certificate of ownership and easement dedication. All final maps shall contain a certificate of ownership and easement dedication, dedicating easements and rights of way for alleys, streets, highways or other public ways as shown on the map. 2. Certificate of land surveyor. All final maps shall be signed and sealed by the professional land surveyor who was responsible for the survey. 3. Certificate of City Engineer or City Surveyor. All final maps shall be certified by the City Engineer or City Surveyor stating that the final map is technically correct and complies with City standards. 4. Certificate of the Southern Nevada Health District (SNHD). All final maps shall be certified by the SNHD that they comply with all requirements relating to wastewater disposal, water pollution, water quality and water supply and that they are predicated upon plans for public/private potable water supply and community/individual wastewater system. 5. Certificate of Water Resources Division. All final maps shall be certified by the Division of Water Resources of the State Department of Conservation and Natural Resources as to their compliance with all water quantity requirements. 6. Certificate of Director of Planning/Planning Commission approval. All final maps shall be certified by the Director as to compliance with the approved tentative map, all applicable regulations and all conditions imposed upon the final map. No final map shall be filed with the County Recorder until it has been certified by the Director that he or she (or the Planning Commission) has approved the final map and accepted all rights of way, easements or parcels for public dedication. 7. Certificate of easement recipients. 8. Certificate of acknowledgment. C. Supplemental Requirements The following supplemental information may be required by the Department of Public Works or the Department of Planning. When required, it shall be submitted on separate drawings or sheets. 1. Evidence that a Drainage Plan and Technical Drainage Study has been submitted in proper form to the Page 753 Department of Public Works or that said study is not required. 2. A copy of the deed attesting to the current ownership of the property. 3. A statement from the Title Company which complies with the requirements of NRS Chapters 278 and 116 listing the names of the current owners of record of the land and the holders or record of a security interest in the land and the written consent of each. 4. A copy of a sewer connection agreement verifying that downstream sewer capacity is available or that sewer capacity mitigation measures acceptable to the Department of Public Works will be provided. D. Final Map Drawings Following all required final revisions and before the Director signs the final map, the final map drawings shall be submitted at a scale of one (1) inch equals two hundred (200) feet or a digital format as specified by the Department of Planning. Page 754 Appendix D Monumentation Requirement A. General Requirements A complete and accurate survey of the land to be divided, developed or improved, which is delineated by a parcel map, final map, improvements or other plans, shall be made by a Nevada Licensed Professional Land Surveyor in accordance with the standard practices and principals of land surveying. Where survey monuments are to be set, or are subject to disturbance and replacement, only a professional land surveyor, duly licensed by the State of Nevada shall be authorized to determine or establish the exact location for a survey monument and only such professional land surveyor shall be authorized to perpetuate and reference existing survey monuments located within the limits of public rights of way or private streets and easements. B. Monuments 1. General a) Monuments shall be set in conformance with the standard detail drawings and the applicable parcel or final maps recorded under authority of NRS Chapter 278, or those maps and plans approved and on file with the Department of Public Works. Such monuments shall be set within or directly adjacent to the project at: (1) All street centerline intersections. (2) All angle points of tangency and points of curvature in street centerlines. (3) All intersections of street centerlines with survey boundaries. (4) All section corners, quarter corners and sixteenth section corners. All the above established points which fall within the limits of public rights of way or private streets and easements shall be referenced to four (4) firmly established ties within a radius of twenty (20) feet to one hundred (100) feet. The angle from tie to tie shall be as near ninety degrees (90) as possible, radiating from the established intersection or control monument. b) All monuments set within the limits of public rights of way or private streets and easements shall have a nonferrous metal cap securely attached to the top of the monument permanently marking the exact center. The professional land surveyor's registration or license number shall be stamped on the nonferrous metal cap, preceded by the letters: "P.L.S." c) Monuments may be set after approval of the map or plan, but must be set prior to the final acceptance of the improvements. If the monuments are to be set after recordation of an applicable parcel map of final map or prior to the final acceptance of the improvements or other plans, a cash deposit or approved bond in an amount set by the Department of Public Works shall be filed guaranteeing such work. Page 755 d) All monuments shall conform to City standards. Prior approval of alternate survey monuments is recommended prior to a request for acceptance of final improvements. All alternate types of survey monuments must equal or surpass City standards regarding quality, durability and conformance with applicable laws or ordinances. e) Where hard rock or other physical obstructions are encountered, monument length may vary within reasonable limits as long as length is sufficient to resist removal. f) All monuments shall be set in such a manner that the accuracy of their relative positions is not less than the requirements of the "Standards of Practice for Professional Land Surveyors" as enumerated by Nevada Administrative Code (NAC), Sections 625.651 to 625.795, inclusive. g) A reproducible original of a Survey Monumentation Plan, clearly identifying all monument locations, including reference monuments, shall be prepared and certified by a Nevada Professional Land Surveyor. This plan shall be submitted to the City Surveyor prior to the release of the improvement bond or prior to release or the final map if improvements are to be installed without bond, and shall certify that the monuments are of the character and occupy the positions shown. (1) The following documents may constitute a Survey Monumentation Plan providing they are in accordance with the requirements of this Chapter, and are delivered as a formal document to the City Surveyor for approval. a. Record of Survey in accordance with NRS 625.340; b. Corner Record in accordance with NRS Chapter 329. (2) The following certificate prepared and certified by a Professional Land Surveyor is required on all monumentation plans: I, _________________________, a Licensed Professional Land Surveyor in the State of Nevada, do hereby certify that the monuments that have been set and the tie distances established as shown hereon. This survey was completed on _____________________. 2. Types of Monuments a) Type I. This monument shall be installed as a section corner or section corner surface monument in a public right of way or private street or easement which is paved with Portland Cement Concrete or Asphaltic Concrete. For construction, see Standard Drawing No. 239. b) Type II. This monument shall be installed as a surface monument at 1/16 section corners within a street or road section which is paved with Portland Cement Concrete or Asphalt Concrete. Type II monuments may also be used as subsurface section corner and ¼ section corner monuments in an unimproved street or road section where maintenance would preclude the use of surface monuments. For construction, see Standard Drawing No. 240. Page 756 c) Type III. This monument shall be installed at all other survey control points located in paved or unpaved streets, roads or other public or private rights of way shown on the parcel map or final map. Such locations may include: secondary street intersections, center of hammerhead turnarounds or circular cul de sac, points of curvature and/or tangency, points of intersection and points of reverse and/or compound curvature. For construction, see Standard Drawing No. 241. d) Type IV. This monument is a reference monument to be placed in accordance with Standard Drawing No. 243 and with a tie to tie angle as near to 90 degrees as possible. For construction see Standard Drawing No. 242. If the monuments are to be set in a concrete curb, they must be placed in a tangent section of curb, approximately two (2) feet from the end of the return. 3. Nevada State Plan Coordinates a) Where sufficient control exists within one half (½) mile of a site, Nevada State Plane Coordinates shall be established in accordance with NRS Chapter 327 for monuments located within the limits of public or private rights of way which are coincident with section corners, ¼ sections corners or 1/16 section corners, as a the case may be, and shown on the Monumentation Plan. The professional land surveyor shall consult with the City Surveyor with regard to the availability of sufficient survey controls. b) In situations where street centerlines are obstructed by median islands, planting, streetlights or other structures, consideration should be given to placing clearly identified monuments on an offset line. c) Monumentation at a Point of Intersection which falls within the limits of a public or private right of way will be preferred over setting monuments at a Point of Curvature or Point of Tangency, unless the Point of Intersection falls outside the paved area. d) In places where the placement of monuments as outlined above is impossible or impractical, the City Surveyor may approve additional or alternate monument locations. 4. Monument Construction The physical construction of monuments must be performed under the direct supervision of a Professional Land Surveyor. All requirements of City standards must be met. Poor workmanship or substandard materials will not be accepted. Page 757 Appendix E Required Certificates A. Certificate of ownership and easement dedication 1. The Certificate of Ownership and Easement Dedication shown on the final map shall be in substantially the following form, with necessary modifications consistent with project needs to be made by the owner or map applicant: (I/We), _____________________, do hereby certify that (I/we) am/are the owner(s) of the parcel of land which is shown upon the map of _____________________, and do hereby consent to the preparation and recordation of this map, and do hereby offer and dedicate all public streets, alleys, easements, rights of way and public places (exclude items not applicable) as indicated and outlined hereon, for the use of the public. No part of the parcels marked "Not a part of this subdivision" is offered for dedication. Furthermore, (I/we) hereby grant and convey to Nevada Power Company and Sprint Corporation (jointly and severally), Southwest Gas Corporation, Las Vegas Valley Water District, Cox Communications Las Vegas, Inc., and _____________________ (any other utilities authorized to provide service) and to their respective successors and assigns: (i) a three foot wide easement on all side property lines, exclusive of easements for drainage, sewer, trails, and all other public use easements; (ii) a three foot wide easement from property line to meter panel to provide access for underground service; (iii) a five-foot wide easement on all property lines that abut public and private streets, exclusive of easements for drainage, sewer, trails, and all other public use easements, to include access to above ground transformer pads; and (iv) a two foot wide easement around each transformer pad within the platted lands for the construction, maintenance, operation and final removal of street lights, fire hydrants, underground power, telephone, gas, water and cable television lines and appurtenances, together with the right of ingress thereto and egress therefrom. Provided, however, that no above ground utility vaults that would substantially interfere with the intended use of the trail corridor shall be allowed within any easements, corridors, or common lots designated as public multi use trail easement areas, and no such easement rights shall be granted to the above listed utility companies, nor any other parties, in conflict with this statement. Further, the undersigned owner hereby grants and conveys to the City of Las Vegas and to its successors and assigns a five foot wide easement adjacent to all property lines where lots or common areas abut public streets for purposes of placing public fire hydrants and public streetlights and an additional easement of up to two feet in radius from each fire hydrant and streetlight, to extend beyond the five foot easement if necessary, together with the right of ingress to and egress from these easements. (If private roadways are utilized, this paragraph should be modified to refer to easements adjacent to "private" streets and refer to "public fire hydrants" only.) Dated this _______ day of 20___. 2. For commercial subdivision, planned unit developments and condominium developments, the dedication of utility type easements shall be in substantially the following form: Page 758 Furthermore, (I/we) hereby grant and convey to Nevada Power Company and Sprint Corporation (jointly and severally), Southwest Gas Corporation, Las Vegas Valley Water District, Cox Communications Las Vegas, Inc. and _____________________ (any other utilities authorized to provide service) and to their respective successors and assigns: (i) a three foot wide easement on all side property lines, exclusive of easements for drainage, sewer, trails, and all other public use easements; (ii) a three foot wide easement from property line to meter panel to provide access for underground service; (iii) a five-foot wide easement on all property lines that abut public and private streets, exclusive of easements for drainage, sewer, trails, and all other public use easements, to include access to above ground transformer pads; and (iv) a two foot wide easement around each transformer pad within the platted lands for the construction, maintenance, operation and final removal of street lights, fire hydrants, underground power, telephone, gas, water and cable television lines and appurtenances, together with the right of ingress thereto and egress therefrom. Provided, however, that no above ground utility vaults that would substantially interfere with the intended use of the trail corridor shall be allowed within any easements, corridors, or common lots designated as public multi use trail easement areas, and no such easement rights shall be granted to the above listed utility companies, nor any other parties, in conflict with this statement. Further, the undersigned owner hereby grants and conveys to the City of Las Vegas and to its successors and assigns a five foot wide easement adjacent to all property lines where lots or common areas abut public streets for purposes of placing public fire hydrants and public streetlights and an additional easement of up to two feet in radius from each fire hydrant and streetlight, to extend beyond the five foot easement if necessary, together with the right of ingress to and egress from these easements. (If private roadways are utilized, this paragraph should be modified to refer to easements adjacent to "private" streets and refer to "public fire hydrants" only.) Further, the undersigned owner hereby grants and conveys to the City of Las Vegas and to its successors and assigns a permanent easement within the area shown hereon as private streets, common areas and all areas not occupied by any building for the construction, maintenance, operation and final removal of public street lights, if any, and public fire hydrants, together with the right of ingress to and egress therefrom. B. Surveyor's Certificate I, (name of surveyor), a Professional Land Surveyor licensed in the State of Nevada, certify that: 1. This plat represents the results of a survey conducted under my direct supervision at the instance of (owner). 2. The lands surveyed lie within (Section, Township, Range, Meridian and, if required by the City Surveyor, a description by metes and bounds for any subdivision which is divided into lots containing 5 acres in area or less) , and the survey was completed on _____________________. 3. This plat complies with the applicable state statutes and any local ordinances in effect on the date that the local government gave its final approval. 4. The monuments depicted on the plat are of the character shown, occupy the positions indicated and are of sufficient number and durability. Page 759 (Or) 4a. The monuments depicted on the plat will be of the character shown and occupy the positions indicated by (a day certain) and an appropriate financial guarantee will be posted with the City before recordation to assure the installation of the monuments. _________________________ _________________________ Name of Surveyor License/Registration No. and Seal C. Certificate of City Surveyor (or City Engineer) I, (name) , City Surveyor (or City Engineer) of the City of Las Vegas, do hereby certify that I have examined the Final Subdivision map of (name of subdivision) and am satisfied that the map is technically correct. (If monuments have not been set, the certificate must include the following statement:) Monuments have not been set, but a proper performance bond has been deposited to guarantee their setting on or before (a day certain). _______________________ _______________________ City Surveyor (or City Engineer, PE) Date D. Certificate of Southern Nevada Health District This final map is approved by the Southern Nevada Health District. This approval concerns sewage disposal, water pollution, water quality and water supply facilities and is predicated upon plans for a public water supply and a community system for the disposal of sewage. _______________________ _______________________ Date _______________________ Southern Nevada Health District (Print name under signature) E. Certificate of Division of Water Resources of the Department of Conservation and Natural Resources This final map is approved by the Division of Water Resources of the Department of Conservation and Natural Resources concerning water quantity, subject to the review of approval on file in this office. _______________________ _______________________ Date _______________________ Division of Water Resources Page 760 (Print name under signature) F. Certificate of Director of Planning/Planning Commission I certify that this final map substantially complies with the tentative map and any approved alterations thereto; that the map complies with applicable statutory and ordinance provisions; that all conditions imposed upon the final map have been met; and that the map was approved and the parcels herein were accepted for dedication by the Director of Planning (or by the Planning Commission of the City of Las Vegas) on the __ day of ________, 20__ . _______________________ _______________________ Date _______________________ Director of Planning/ Secretary of Planning Commission (Print name under signature) G. Certificate of Easement Recipients We, the herein named easement recipients, approve the grant of the designated easements: Southwest Gas Corporation _______________________ _______________________ Date _______________________ (Print name under signature) Nevada Power Company _______________________ _______________________ Date _______________________ (Print name under signature) Sprint Corporation _______________________ _______________________ Date _______________________ (Print name under signature) Cox Communications Las Vegas, Inc. _______________________ _______________________ Date _______________________ (Print name under signature) Page 761 Las Vegas Valley Water District _______________________ _______________________ Date _______________________ (Print name under signature) City of Las Vegas, City Engineer _______________________ _______________________ Date _______________________ (Print name under signature) (Additional Authorized Utility, if any) _______________________ _______________________ Date _______________________ (Print name under signature) H. Certificate of Acknowledgment 1. The following certificate is sufficient for an acknowledgment in an individual capacity: ACKNOWLEDGMENT State of Nevada County of Clark This instrument was acknowledged before me on (date) by name(s) of person(s). _______________________ (Signature of notarial officer) (Seal, if any) _______________________ (Title and rank) (My commission expires: )_______________________ 2. The following certificate is sufficient for an acknowledgment in a representative capacity: ACKNOWLEDGMENT State of Nevada County of Clark Page 762 This instrument was acknowledged before me on (date) by names(s) of person(s) as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed). _______________________ (Signature of notarial officer) (Seal, if any) _______________________ (Title and rank) (My commission expires: )_______________________ NOTE: An appropriate Certificate for Attorney-in-Fact may be substituted for the Certificate of Acknowledgement if deemed equivalent by the Director of Public Works. Appendix F Interim Downtown Las Vegas Development Standards Figure 1 - See the official Zoning Map Atlas for the exact location of properties currently under the DTLV Overlay. A. VISION AND PURPOSE 1. Vision The Vision 2045 Downtown Las Vegas Masterplan is the policy document that states the goals and strategies set forth by the City of Las Vegas for the downtown region. The Vision 2045 Downtown Las Vegas Masterplan envisions and encourages downtown Las Vegas to achieve a compact, vibrant, urban environment, with a focus on higher density mixed-use development around transit hubs and activity nodes. This will deliver an energetic urban way of life and high-quality physical environment for locals and visitors alike. This vision is implemented through the Downtown Las Vegas Overlay (DTLV-O) as described in this document. 2. Purpose On July 15, 2016 the Las Vegas City Council adopted the Vision 2045 Downtown Las Vegas Masterplan by Resolution R-25-2016. To implement the Vision 2045 Downtown Las Vegas Masterplan, this document supersedes and replaces the DCP-O (Downtown Centennial Plan Overlay), and establishes the DTLV-O (Downtown Las Vegas Overlay). 3. Geographic Area Page 763 The DTLV-O (Downtown Las Vegas Overlay) shall apply in the area identified as Downtown in the Vision 2045 Downtown Las Vegas Masterplan as adopted by City Council by Resolution R-25-2016 on July 15, 2016. See the official Zoning Map Atlas for the exact location of properties currently under the DTLV-O (Downtown Las Vegas Overlay). 4. Phasing The DTLV-O encompasses the twelve Downtown Districts as identified in the Vision 2045 Downtown Las Vegas Masterplan and described in Subsection (B) of this Appendix F. Phased over time, each of these twelve Districts will be administered by a distinct set of standards to be adopted as either of Form-Based Zoning Districts or Special Area Plans following the completion of a context-based plan for land use and development. District-specific standards are categorized within Area 3 of the DTLV-O (Downtown Las Vegas Overlay), as defined in Section I.D of this Chapter. In the absence of context-based district-specific standards, the Downtown standards for Area 1 or Area 2, as defined in Section D of this Chapter, will apply, based on the site location (see Figure 2). Figure 2 - See the official Zoning Map Atlas for the exact location of properties currently under the DTLV Overlay. The DTLV-O (Downtown Las Vegas Overlay) (Fig. 1) is divided amongst three distinct areas: Area 1, Area 2, and Area 3 (Fig. 2). a. Area 1. This Area has already been established as part of Downtown Las Vegas by the previous document Downtown Centennial Plan and the DCP-O (Downtown Centennial Plan Overlay). b. Area 2. This Area has been identified as part of downtown following the adoption of the Vision 2045 Downtown Las Vegas Masterplan and the expansion of the previous Downtown Centennial Plan boundary. Because of the peripheral location relative to Area 1, and the different existing urban context, Area 2 is recognized as a distinct area. c. Area 3. The downtown areas identified as Area 3 have specific context-based development regulations that support the desired vision for future development, in the form of either Form-Based Zoning Districts or Special Area Plans. Within this Area are: i. Area 3a: The Las Vegas Medical District, as described in LVMC Chapter 19.09. ii. Area 3b: The Symphony Park District, as defined by the Symphony Park Design Standards as adopted November 1, 2006 and amended thereafter. 5. Applicability Page 764 The DTLV-O (Downtown Las Vegas Overlay) conforms to the General Plan of the City of Las Vegas, and is hereby incorporated into the City's Vision 2045 Downtown Las Vegas Master Plan by way of Ordinance Ord. No. 6608, adopted (12/06/17). The Interim Downtown Las Vegas Development Standards supersedes and replaces the Downtown Las Vegas Centennial Plan as adopted by Ordinance by City Council on July 5, 2000. 6. Relationship to Other Documents The DTLV-O (Downtown Las Vegas Overlay) is the primary regulating document for all development and improvements within the DTLV-O boundaries. Other documents relating to the physical development of properties that are referenced in the DTLV-O (Downtown Las Vegas Overlay) include Title 19 of the Las Vegas Municipal Code and the Symphony Park Design Standards. The DTLV-O (Downtown Las Vegas Overlay) complements and coordinates with the Redevelopment Plan for the Downtown Las Vegas Redevelopment Area, as adopted March 5, 1986, and amended thereafter. All development plans within the DTLV-O area (Fig. 1) shall comply with the adopted DTLV-O (Downtown Las Vegas Overlay) as well as all other applicable regulations in the city, county, state and Federal jurisdictions. These standards are not intended to override or contradict the city of Las Vegas codes or requirements. Where differences occur, the most stringent shall apply in all cases. 7. Amendment Process Amendment(s) to the Standards outlined within the DTLV-O (Downtown Las Vegas Overlay) shall be made in conformance with the provisions of Section 19.16.220 of this Title. 8. Review Process The DTLV-O is composed of three (3) distinct areas. Each Area has a particular variety of land uses, density, and urban characteristics demonstrated by the existing building fabric it contains and the redevelopment opportunities it presents. The continuity of general design standards and streetscape design will weave the unique neighborhoods together into a continuous downtown urban experience. Goals have been identified for each district to reestablish Downtown Las Vegas with a balance of cultural, residential, office, civic, retail and light industrial areas, consistent with the Vision 2045 Downtown Las Vegas Masterplan. For the purpose of establishing the Area boundaries, wherever the boundary of a district is identified as a particular street or other right-of-way, the district shall extend to the centerline of that street or right-of-way, unless specifically indicated otherwise. a. Except as otherwise provided in this Appendix, the review process of Planning Applications is as set forth in Chapter 19.16 of this Title. b. Waiver. Except as otherwise provided in this Subsection 8, where specific development standards cannot be met, the applicant shall require the approval of a Waiver. This may be accomplished by submitting a Waiver as provided for in Section 19.16.130 of this Title. i. Requirements: Waivers to the Standards contained within the DTLV-O (Downtown Las Vegas Overlay) may only be granted in accordance with Section 19.16.130 of this Title with clear and convincing evidence that the project furthers the City's goals as expressed within the Vision 2045 Downtown Masterplan. ii. Land Use: No Waivers shall be granted to allow a land use that is not permitted within a particular zoning district. iii. Form-Based Code provisions: For properties subject to the provisions of Chapter 19.09, relating to Form- Based Code, the review process of Planning Applications shall be set forth in Chapter 19.09. Page 765 iv. Decision and Appeal: A decision by the Planning Commission to deny a Waiver application becomes final and effective at the expiration of 10 days after the date of the decision unless, within that period, the applicant appeals the decision to City Council by written request filed with the City Clerk. Page 766 B. DOWNTOWN LAS VEGAS DISTRICTS Figure 3 - See the official Zoning Map Atlas for the exact location of properties currently under the DTLV Overlay. 1. General The Vision 2045 Downtown Las Vegas Masterplan establishes the vision and goals for each of the twelve Districts (Fig. 3). This Chapter provides a description of such vision and goals, and a description of the key elements related to each District. 2. Non-Compatible Zoning Districts For each Downtown District, a table of Non-Compatible Zoning Districts is provided. These tables are based on the vision, goals, and description of each district, and provide guidelines to be utilized for rezoning applications within the DTLV-O (Downtown Las Vegas Overlay). The intent of these guidelines is to foster the development of a built environment that, in terms of mix of uses, intensity, and density of development, reflects the vision established in the Vision 2045 Downtown Las Vegas Masterplan. Page 767 Figure 4 - The Civic & Business District Figure 5 - Civic & Business District boundaries 3. District Guidelines a. Civic & Business Goal: A vibrant downtown core with more things to do and see Description: The Civic and Business District is one of the primary employment centers of the region. The courthouses, legal and other professional services that cluster in the core create a significant critical mass of daytime activities. Undeveloped parcels and underutilized properties, especially around the City Hall and the Bonneville Transit Center, provide great potential sites for mixed-use buildings with affordable workforce housing, offices, and retail. Retail elements should include a major downtown grocery store, restaurants, and other services that act as a magnet of activity for all of Downtown. More connections will be important to the future transformation of the district, and making the most out of the existing alley spaces could be a great addition for downtown placemaking and mobility solutions. Completion of a high capacity transit system providing additional options for travel throughout downtown will facilitate growth of multi- modal mixed-use hubs. Linkages along and over the Union Pacific Railroad right-of-way will better connect Symphony Park, and the planned multi-modal bridge will provide an iconic landmark. A linear open space along 3rd Street is imagined as a green walkable corridor linking the Civic & Business and the 18B Las Vegas Arts districts. The 3-acre vacant lot opposite the City Hall could be transformed into a central civic space that can be made more flexible and programmable as a community-gathering place. Table 1 - Civic & Business District Non-Compatible Title 19 Zoning Districts Non-Compatible Residential Zoning Districts R-E R-D R-1 R-SL R-CL R-2 R-MH Non-Compatible Commercial and Industrial Zoning Districts P-O C-M M C-PB Page 768 Figure 6 - 18b Las Vegas Arts District Figure 7 - 18b Las Vegas Arts District boundaries b. 18b Las Vegas Arts District Goal: A diverse community and regional showcase for the arts Description: The 18b Las Vegas Arts District is the creative heart of the city. The local stores, art galleries, and artists in residence are compelling and memorable elements of downtown. Using the underutilized and raw land, especially along Casino Center Boulevard, 3rd Street and Main Street, smart investments could promote walkability, safety, and sustainability. Reaching the next level of a critical mass of artists and art related services will amplify the artistic "brand" of the district, while providing much needed affordable housing and services for the community. Development protections and improved services could strengthen existing corridors of creative uses, especially along Main and Charleston. New clusters of development can create places that encourage "makers" of all interests including artists, students, food producers, designers, and entrepreneurs. Mixtures of uses around transit could include artist-oriented housing and creative spaces that adjoin it, a university village that promotes study of the arts and humanities, a "maker" village that attracts entrepreneurs, seniors, and veterans housing that cares for the community at large. Table 2 - 18b Las Vegas Arts District Non-Compatible Zoning Districts Non-Compatible Residential Zoning Districts R-E R-D R-1 R-SCL R-MH Non-Compatible Commercial and Industrial Zoning Districts P-O M C-PB Page 769 Figure 8 - Historic Westside District Figure 9 - Historic Westside District boundaries c. Historic Westside Goal: A thriving neighborhood augmented with services and amenities Description: The Historic Westside's assets are historically and culturally significant for the entire valley. However, the District is dominated by sparse low-rise residential neighborhoods and industrial zones. The area needs improved housing stock, development of vacant parcels, and programming for the existing parks and amenities. Two of the District's strengths are abundance of open space and availability of parcels suitable for mid-to-large scale development easily accessible by all modes of transportation. For long-term success, the Hundred Plan, a visioning and strategic planning document prepared by the UNLV Downtown Design Center, recommends the following: a) promotion of contextual neighborhood infill with multifamily housing and appropriate amenities to stabilize the community; b) preservation of historic sites and resources; c) development of programs focusing on job training, safety, and cleanliness of the district; and d) enabling mixed-use developments in current industrial zones. Table 3 - Historic Westside District Non-Compatible Zoning Districts Non-Compatible Residential Zoning Districts R-E R-D R-MH Non-Compatible Commercial and Industrial Zoning Districts P-O M C-PB Page 770 Figure 10 - Fremont East District Figure 11 - Fremont East District boundaries d. Fremont East Goal: Improved affordability, safety and amenity. Description: Fremont East has gained residents and shops through its popularity due to its proximity to the Resort and Casino District, but is in need of a more pedestrian friendly atmosphere for continued success and growth. Conservation of historic buildings is also important in this area, as well as tools such as design standards and incentives for buildings rehabilitation. Strategies for further improvement include: a) additional multi-family housing, including live/work and midrise/highrise workforce housing; and b) addition of civic and institutional spaces, such as clinics, senior centers, community centers, and educational facilities. Table 4 - Fremont East District Non-Compatible Zoning District Non-Compatible Residential Zoning Districts R-E R-D R-SL R-CL R-MH R-1 Non-Compatible Commercial and Industrial Zoning Districts P-O M C-M C-PB Page 771 Figure 12 - Symphony Park District Figure 13 - Symphony Park District boundaries e. Symphony Park Goal: A cultural and living district better connected to downtown. Description: Symphony Park has had success in creating a brand for itself through the Smith Center for the Performing Arts, the Discovery Children's Museum, and the Lou Ruvo Center for Brain Health. These developments, along with activity centers in the neighboring Market District, would greatly benefit from a more pedestrian-oriented design and improved connectivity between anchor uses. A repertory theater and 500-seat performance hall for chamber music, small dance events, as well as a performing arts school for music and dance, could create a hub for performance that complements the Smith Center, while amplifying its impact in the community. Apartments and lofts oriented toward performers and artists, along with amenities such as service retail, and a sculpture/art walk would fit within and enhance Symphony Park's unique sense of place. A mixed-use neighborhood along the east side of Symphony Park, could bring high-end housing, in both high and mid- rise formats, with ground floor fine dining and service retail. Other key land use additions that would augment the district include a research and learning hub near the Lou Ruvo Center, and a hotel and conference center that could fill a niche for business oriented activities and conferences that complement the World Market Center, Civic and Business District, and other business activities throughout Downtown Las Vegas. For further details, refer to the Symphony Park Design Standards. Non-Compatible Title 19 Zoning Districts: Detailed standards for zoning districts and land uses in Symphony Park have been established through the adoption of the Symphony Park Design Standards, and therefore there is no table for "Non-Compatible Title 19 Zoning Districts". Instead, for the list of allowed and prohibited land uses within Symphony Park refer to Chapter 4 of the Symphony Park Design Standards "Design Review Process". Page 772 Figure 14 - Founders District Figure 15 - Founders District boundaries f. Founders Goal: A historic neighborhood augmented with transit-oriented mixed-use. Description: The Founders District is one of the most well preserved residential neighborhoods in the region. The Huntridge Theater and Circle Park are remarkable examples of early Las Vegas architecture and urban design. Many of the houses, streets, and landscape features of this area are particularly notable examples of a classic inner ring American suburb. What is lacking are catered standards that are needed to preserve the character of the area. The integration of high capacity transit with a station at the northern portion of Huntridge Circle Park will catalyze a mixed- use transit-oriented development hub. Along Maryland Parkway and Charleston Boulevard many properties are underutilized and auto-oriented, presenting significant opportunities for corridor redevelopment that include mixed use residential, creative office space over ground floor retail, and community oriented amenity spaces. The type and character of these developments will add a new dimension to the neighborhood, while improving affordability, amenity, and overall quality of life for residents. Moderate density residential, both for sale and rental, with ground floor amenities especially at key intersections could create an attractive live/work/shop atmosphere. Pedestrian activity will be promoted through engagement by ground-floor restaurants, cafes and live/work units oriented towards the street. Table 5 - Founders District Non-Compatible Zoning Districts Non-Compatible Residential Zoning Districts R-E R-D R-MH Non-Compatible Commercial and Industrial Zoning Districts M C-M C-D C-PB Page 773 Figure 16 - Design District Figure 17 - Design District boundaries g. Design Goal: A creative corridor for film, fashion and design Description: The Design District is characterized by a mix of commercial services, warehousing, storage, and industrial uses, occupying utilitarian buildings concentrated along the Union Pacific Railroad. Currently, the district serves as a significant employment hub, in close proximity to both downtown core and the Las Vegas Strip, with many businesses serving the casino and entertainment industry. Potential associated strategies for the District include the conversion of declined warehouses or plants into accommodation for film, fashion, virtual gaming, green tech and other creative-related industries. Vacant and underutilized properties could be used as temporary open spaces for outdoor relaxation and social gathering. Table 6 - Design District Non-Compatible Zoning Districts Non-Compatible Residential Zoning Districts R-E R-D R-SL R-MH R-1 R-2 R-CL Non-Compatible Commercial and Industrial Zoning Districts P-O O C-D Page 774 Figure 18 - Las Vegas Medical District Figure 19 - Las Vegas Medical District boundaries h. Las Vegas Medical District Goal: The center of health, education, and research for Southern Nevada Description: With proximity to the core as a significant employment node, the Las Vegas Medical District (LVMD) shows great potential for driving the medical- oriented economy while complementing other districts of Downtown. Several millions of square feet of development are proposed, creating a mixed use, walkable, and healthy neighborhood through several reinvestment strategies, including focusing mixed-use development along major streets, reinforcing green linkages, and completion of a convenient transit line linking the LVMD to the Civic & Business and Resort & Casino districts, as well as UNLV and McCarran International Airport. The UNLV Medical School will function as the primary anchor for activity in this District. Page 775 Figure 20 - Resort & Casino District Figure 21 - Resort & Casino District boundaries i. Resort & Casino Goal: New complimentary anchors to the downtown gaming hub Description: Identified as the City's original gaming district and home to a number of classic Las Vegas hotel-casinos, the Resort and Casino District serves as the activity and entertainment anchor for downtown. Though this district acts as the most mature and intensely developed area, some new opportunities to reinforce the district's identity may be implemented: a) A high-profile site on the Main Street Station Casino surface parking lot for accommodating the growing needs of hospitality; b) infilling the current site of Downtown Las Vegas Events Center for accommodating new civic and/or office spaces; c) continuous improvement of the Fremont Street Experience; d) placemaking; and e) implementation of the downtown Las Vegas wayfinding system. Table 7 - Resort & Casino District Non-Compatible Zoning Districts Non-Compatible Residential Zoning Districts R-E R-D R-SL R-CL R-TH R-MH R-1 R-2 R-3 Non-Compatible Commercial and Industrial Zoning Districts P-O M C-M C-PB O C-D Page 776 Figure 22 - Cashman District Figure 23 - Cashman District boundaries j. Cashman Goal: A community of entrepreneurs anchored by sports and culture. Description: The Cashman District has traditionally been the home of historical and cultural assets of the city, the home of a minor league baseball club, and a significant hub of government employment. However, it's suffered from a lack of resident population and enough programming to consistently interest the community at large. There is tremendous redevelopment potential to create a new mixed community that provides a sports and entertainment core of activity, including a new soccer stadium complex, and the 2018 expansion of the United Soccer League to include a Las Vegas team represents a major step towards this objective. Connected to this facility would be a number of mixed-use blocks that include workforce housing and creative and incubator office space that caters to the high tech uses such as Zappos employees, Unmanned Aerial Vehicle (UAV) researchers, and other creatives looking for cool, hip and affordable places to live and work. A high capacity transit plaza, bike share, open space and other support amenities would provide a level of activity that acts as a gateway into the district from Las Vegas Boulevard. Clustered around the plaza would be a portion of creative office and incubator spaces for research and development. Ground floor bars and restaurants as well as service retail would complement game-day activities and support a significant residential population. Table 8 - Cashman District Non-Compatible Zoning Districts Non-Compatible Residential Zoning Districts R-E R-D R-SL R-MH R-1 R-2 R-CL Non-Compatible Commercial and Industrial Zoning Districts P-O M C-M C-D Page 777 Figure 24 - Gateway District Figure 25 - Gateway District boundaries k. Gateway Goal: A stabilized neighborhood with improved affordability and safety Description: Marked by the landmark Stratosphere Tower, the Gateway District establishes the southern gateway to Downtown from the Strip. Currently, the district is primarily composed of low-rise multi-family uses. Extending a high-capacity transit line (LRT/BRT) along Las Vegas Boulevard and focusing higher density, transit-oriented development along the corridor could strengthen it as a high activity spine. Upper story office, residential, institutional uses, with ground floor retail and civic spaces would bring in more population to the area and stabilize the neighborhood. An expansive pedestrian environment would provide residents and visitors access to multiple travel modes, create an attractive outdoor environment, as well as increase safety and reduce blight. Page 778 Figure 26 - Market District Figure 27 - Market District boundaries l. Market Goal: An exciting place for shopping and events Description: Located west of Symphony Park, and alongside Interstate 15, the Market District is dominated by large scale users including the Las Vegas North Premium Outlets and the World Market Center Las Vegas, which act as an international shopping hub in Downtown Las Vegas. In its current configuration, this district is almost fully built out, but lacks an appealing pedestrian experience, especially along Grand Central Parkway. Linkages to surrounding districts are also lacking. Future development offers the opportunity to build potential synergies with Symphony Park. Possible strategies for improving this area could include mixed-use developments north of World Market Center, improvements to transit infrastructure and station-area beautification, more emphasis on human scale the pedestrian realm and ground-floor use, and reinforced connections to Symphony Park and the Clark County Government Center. Table 10 - Market District Non-Compatible Zoning Districts Non-Compatible Residential Zoning Districts R-E R-D R-SL R-CL R-TH R-MH R-1 R-2 Non-Compatible Commercial and Industrial Zoning Districts P-O M C-M C-PB O C-D Page 779 C. STANDARDS Figure 28 - DTLV-O Area 1 1. Area 1 a. DTLV-O Area 1 Site Planning Standards i. Setbacks Front: 70% of the first story façade shall align along the front property line; arcades, shade structures, or civic amenities such as plazas and courtyards may satisfy up to 50% of this requirement. Minor deviations from this requirement, not to exceed a distance of five (5) feet from the property line, are allowed and will be reviewed by Staff on a case-by-case basis upon verification of special and unique conditions applicable to a specific lot or structures. Corner Side: 70% of the first story façade shall align along the front property line; arcades, shade structures, or civic amenities such as plazas and courtyards may satisfy up to 50% of this requirement. Minor deviations from this requirement, not to exceed a distance of five (5) feet from the property line, are allowed and will be reviewed by Staff on a case-by-case basis upon verification of special and unique conditions applicable to a specific lot or structures. Side: No side yard setback is required. Rear: No rear yard setback is required. a. Special Setback Requirements To permit the required 10-foot sidewalk and five foot amenity area all buildings shall be set back five feet from the property line along: 1. Both sides of Casino Center Boulevard between Charleston Boulevard and Ogden Avenue. 2. Both sides of Third Street between Charleston Boulevard and Imperial Avenue. ii. Lot Coverage Lot coverage shall be limited only by setback requirements. iii. Height Height limits are not automatically applied as called for in Title 19.08. Proposed building heights located within the Residential Adjacency Setback as defined in Title 19.08.040(H) may require additional design justification as part of the Site Development Review (SDR) process. iv. Service Area Page 780 Service areas and loading docks shall not be located at frontage lines. All auto-related facilities (working bays, storage, trash enclosures, etc.) shall orient away and be screened from public view. v. Utilities Utility vaults shall be located underground for all new developments. Ideally, these will be incorporated within the building footprint. In no case shall they be located along the street frontage of the project. All power lines shall be located underground from the nearest street access to the project site. vi. Alleys Alleys that are not abandoned with a new development as defined by the Threshold Matrix (Table 11) shall be redeveloped to conform to the standard alleyway treatment (Fig. 29). For certain specific projects, and where possible, the use of the Downtown Alley Design Guidebook is encouraged in order to strengthen the components that make alleys a successful environment. Figure 29 - Standard Alley Treatment vii. Encroachments Page 781 No building encroachments are permitted, unless explicitly allowed through a license agreement to encroach as approved by Public Works Staff. No vacations of the street right-of-way shall be permitted for expanding the building footprint. Page 782 b. DTLV-O Area 1 Permitted Uses i. With the exception of properties within the Planned Development (PD) Zoning District, the use of all buildings, structures and land within Area 1 of the DTLV-O shall be in accordance with LVMC 19.12.010(B) Table 2. ii. Within the Planned Development (PD) Zoning District, and in particular regarding property within the Market District and the Civic Business District, only the following uses are permitted, subject to any limitations or qualifiers as indicated: Residential and Lodging Uses Home Occupation (Home Occupation Permit required) Hotel Mixed-use Multi-Family Residential Institutional and Community Service Uses Children's Day Care Library, Art Gallery or Museum (Public) Museum, Art Display, or Art Sales (Private) Performing Arts Center Office and Professional Uses Bank/Credit Union/Savings and Loan/Trust Computer Server Farms Flexible Office/Work Space Government Facility High-Technology Internet Backbone Facilities Internet and High-Tech Incubators Major or Minor Medical Professional and General Research and Development Service Recreation, Entertainment and Amusement Uses Gaming Establishment, Non-Restricted (Special Use Permit required; only allowed with the Gamin Enterprise Overlay) Night Club (Special Use Permit required) Sports Stadium Retail and Personal Services Beer/Wine/Cooler Off-Sale Establishment (Special Use Permit required) Beer/Wine/Cooler On- and Off-Sale Establishment (Special Use Permit required) Beer/Wine/Cooler On-Sale Establishment (Conditional Use approval required) General Retail Grocery Store with Alcohol (Conditional Use approval required) Health Club Liquor Establishment (Tavern) (Special Use Permit required) Package Liquor Off-Sale Establishment (Special Use Permit required) Page 783 Restaurant Restaurant with Alcohol (Special Use Permit required) Restaurant with Service Bar (Conditional Use approval required) Tavern-Limited Establishment (Special Use Permit required) Commercial and Business Services Conventions Exhibition Space Off-Premise Sign (Special Use Permit required; may be freestanding or directly mounted to and flush with the wall of a structure) Trade Center/Wholesale and Retail Showrooms Industrial and Manufacturing No uses allowed Wholesale, Distribution and Storage No uses allowed Utilities, Communications and Transportation Gasoline Sales Facilities Helipad (Special Use Permit required) Monorail (Special Use Permit required) Parking Facility Transportation Center Wireless Communication Facility, Stealth Design (Conditional Use) - In addition to complying with all criteria listed in Title 19, the Wireless Communications Facility, Stealth Design shall be directly mounted to an existing structure and shall be painted to match the structure to minimize any visual impacts. c. DTLV-O Area 1 Parking and Related Standards Chapter 19.08 Parking standards are not automatically applied. For property located within the Planned Development (PD) Zoning District, parking requirements for uses not listed in LVMC 19.12.010(B) Table 2 shall be determined in accordance with LVMC 19.12.060(B). Handicapped Parking is required per LVMC 19.08.110(C)(3) and the Threshold Matrix (Table 11) as contained in Subparagraph i of this section. i. Loading Title 19.08.110(D) Loading Standards are not automatically applied. ii. Parking Lot Screening When parking lots face public streets, an ornamental screen and landscaping shall be incorporated, as approved by Staff. iii. Parking Structures Parking structures shall have ground level retail, office and/or restaurant space incorporated into the design of the structure on all frontages. Such structures shall have no front or corner side setback. Exterior walls of all parking structures shall be designed as part of the architectural form of the primary and/or the surrounding buildings and shall incorporate the same materials, finishes and proportions of the primary building. Page 784 Where parking structures do not incorporate ground level retail, office and/or restaurant space then a ten-foot landscaped setback is required. Said setback shall have sufficient enough landscaping as to block the parking structure from view at the pedestrian level. iv. Special Event Parking Lot Development Standards A special event parking lot is a parking lot that is used on an intermittent basis, operated only in conjunction with special events, festivals, or similar uses of limited duration. The use of a special event parking lot shall not exceed six times per month. On-site signage shall be posted on the property in a visible location, prohibiting parking that exceeds the designated duration or use period. The lot may be paved or unpaved; unpaved lots shall be subject to applicable requirements of the Clark County Department of Air Quality or its successor. Bumpers or tire stops are not required. Landscape islands, perimeter landscape buffers and streetscape amenities are not required. Applications for special event parking lots shall be processed as a Temporary Commercial Permit under LVMC Title 19, except that the duration and use periods normally applicable to a Temporary Commercial Permit shall not apply. A Temporary Commercial Permit for a Special Event Parking Lot shall be valid for a period of one year from the date of issuance. v. Temporary Parking Lot Development Standards A temporary parking lot is a parking lot that is developed as an interim use of land for a limited time period, and is not intended to serve as required parking for a development. Approval for a temporary parking lot may be for a period not to exceed three years. Any request to extend this time period shall be by means of an Extension of Time application, as set forth in LVMC Title 19, and shall be subject to review and approval by the City Council. The lot shall have a paved surface and shall be striped. Bumpers or tire stops shall be provided for all parking spaces directly abutting a sidewalk, landscape area, street, or alley. A minimum of two of the following options must be provided to satisfy the landscaping and screening requirements for the parking lot: a. Streetscape amenities in accordance with the applicable streetscape standards herein for the street frontage(s) that immediately abut the site; or b. A 42-inch high ornamental screen fence installed along the street frontage line(s) in conformance with the applicable parking screening standards herein; or c. A permanent artistic installation as approved by Staff for the street frontage(s) that immediately abut the site, to be properly maintained through the duration of the temporary parking lot interim use; or d. A five-foot wide perimeter landscape buffer provided along the front and comer side yard setback lines, planted with a minimum of five-gallon shrubs so as to form a continuous hedge along the frontage lines of the property; or e. A minimum of ten square feet of landscape area for each parking space, with a minimum of one, 15- gallon sized shade tree for every six parking spaces with four 1-gallon sized shrubs per tree. Applications for temporary parking lots shall be reviewed and processed in accordance with the process and standards for a Minor Review of Site Development Plan under LVMC Title 19. vi. Permanent Parking Lot Development Standards All permanent off-street surface parking lots shall be paved and include access aisles and driveways. Surface treatments including paving and striping shall be maintained in good condition at all times. Surface parking lots shall provide a minimum of one, 15-gallon sized shade tree for every six parking spaces with four, 1-gallon sized shrubs per tree in landscaped islands and/or on the perimeter of the lot. A minimum of ten square feet of landscaped surface area must be provided for each parking space. Bumpers or tire stops shall be provided for all parking stalls heading into a sidewalk, landscaped area, street, or alley. Each shall be installed at a minimum of two feet from the beginning of that sidewalk, landscaped area, street, or alley. Applications for permanent parking lots shall be reviewed and processed in accordance with the process and standards for a Major Review of Site Development Plan under LVMC Title 19. Page 785 vii. Parking Lot Access When possible, adjacent parcels requiring access drives shall share a common centrally located access drive. Wherever a driveway is abandoned, the owner shall remove all driveway pavement and approach; re-install curb and gutter, and landscape the area to match the adjacent landscaping/streetscape. viii. On-Street Valet Parking On-Street Valet parking is permitted within the Downtown Las Vegas (DTLV-O) area. Requests for an on-street valet parking permit must be made in writing and shall be accompanied by a filing fee to the City Traffic Engineer. A right-of-way usage fee may also apply. The City Traffic Engineer is solely responsible for issuing on-street valet permits with conditions that are in the best interest of the City and the general safety of the public. Page 786 d. DTLV-O Area 1 Streetscape Standards i. Right-of-Way Improvements All streets shall have a five foot amenity zone and a 10-foot wide, unobstructed sidewalk (Fig. 30). The surface of the sidewalk should appear as a consistent pattern. At the corners, the sidewalk must ramp down to provide for handicapped access and have stamped pattern concrete. The entire 10-foot width of public right-of-way sidewalks shall not exceed a 2 percent slope. All new developments shall provide and install light fixtures, benches, trash and recycling receptacles and tree grates or wells filled with crushed granite or other material as approved by Staff. Placement and spacing of light fixtures shall be as directed by Public Works. Supporting landscape and streetscape improvements shall be incorporated into the streetscape design including lighting, and other landscape elements such as freestanding planters, planter boxes and hanging baskets. Streetlights and decorative pedestrian lights shall be incorporated into any new streetscape improvements per district standards. Overhead lights must provide the ambient light necessary for safety and traffic operations and must meet City of Las Vegas Department of Public Works standards. Pedestrian lights should be placed in a clear geometric pattern with regular spacing to add a sense of order to the street. Roadway lighting shall be installed per the Public Works approved standards. ii. North-South Streets Las Vegas Boulevard, Casino Center north of Charleston, Fourth Street and 3rd Street south of Charleston shall be designed thematically with Deglet-Noor Date Palms or similar type palms as the primary landscape element; said trees shall be 25 feet or greater in height and be spaced at 30-foot increments. All other north-south streets shall provide drought-tolerant shade trees as approved by staff and shall be 36-inch box trees at 20 feet intervals. Landscaped medians may have either palm trees or shade trees. iii. East-West Streets All east-west streets shall provide drought-tolerant shade trees as approved by staff and shall be 36-inch box trees at 20 feet intervals. Landscaped medians may provide either palm trees or shade trees. iv. Flood Control Development Standards When the finished floor elevation of the ground floor of a building must be raised above the grade of the adjacent public sidewalk due to flood control purposes, any stairs or ramps to the new finished floor elevation must be accommodated on private property and not within the public right-of-way in order to maintain a consistent 10- foot wide public sidewalk. Said stairs or ramps should be accommodated within an exterior arcade or similar architectural feature. Page 787 Figure 30 - Typical DTLV-O Street Section: not to scale Page 788 Figure 31 - Typical DTLV-O Intersection v. Bus Turnouts Charter bus drop-off areas shall be provided in close proximity to the entrances of newly constructed hotels. Parking for buses shall be accommodated off-site or in a remote, non-obtrusive location so as not to interfere with the normal flow of traffic. As appropriate, public bus turnouts shall be required to accommodate bus stops outside existing travel lanes as required by the Department of Public Works. Page 789 e. DTLV-O Area 1 Architectural Design Standards i. Roofs and rooftops shall be designed with consideration of minimization of the Urban Heat Island effect. Light color paint or materials with albedo of 0.50 or higher shall be used, as approved by Staff. All mechanical equipment shall be screened from street level and surrounding building views. ii. An articulated roofline and/or an articulated cornice shall be designed as a major feature at or near the top of all new buildings and be continuous on all sides. iii. Extensions of more than 10 feet of blank, expressionless walls at the street level shall be prohibited. The use of expression lines and expression zones utilizing materials, colors, and/or relief shall be required in the pedestrian zone to create visually interesting facades. iv. The use of arcades, awnings and canopies on the ground floor of a building is required unless waived by City Council as part of a site development plan review. A license agreement to encroach as approved by the Department of Public Works Staff is required. v. The main entry of the building from the street shall be appropriately articulated in the architectural design of the building. This shall be accomplished through change in materials, colors, and/or the amount of detailing around the entry; having the entry slightly recessed or protruding from the primary building line; and/or through the use of canopies or awnings, etc. vi. Reflective or tinted glass shall not exceed 60 percent of the overall exterior enclosure of any building. Reflectivity of any glass shall not exceed 22 percent reflectivity index. Only non-reflective clear glass or non- reflective tinted glass with a visible light transmittance of about 60 percent shall be used on ground floors in all pedestrian-oriented areas. vii. Architectural details shall be carried on all sides of a building. f. DTLV-O Area 1 Signage Standards i. The design, installation, and maintenance of all signs shall be in full conformance with Title 19.06.140 Residential Sign Standards and Title 19.08.120 Commercial Sign Standards, as revised and amended. ii. Signage for parcels located within the Downtown Casino Overlay District, the Downtown Entertainment Overlay District, and the Las Vegas Scenic Byway shall be in full conformance with signage provisions outlined Chapters 19.10.100, 19.10.120, 19.10.160, respectively. g. DTLV-O Area 1 Landscape Standards i. All landscape plans must comply with the City of Las Vegas Municipal Code Title 14.11 Drought Plan. Where landscape standards differ in the Interim Downtown Las Vegas Development Standards, Title 14.11 will prevail. ii. When lot coverage allows for perimeter landscaping, the landscape and irrigation plans may be combined with the required Site Development Plan. iii. At Staff's direction, perimeter landscaping may be required depending on the design of the project and its relationship to the lot and/or the surrounding area. iv. Where perimeter landscape is required, the minimum requirement will be one 24" box tree every 20 feet on center with four (5) gallon shrubs per each required tree. v. Ground covers shall be installed in all landscaped areas. Non-vegetative ground covers shall include, but not be limited to, rocks and small stones, and crushed rock to a minimum depth of two inches in all areas. vi. When a project is proposed with turf in its landscape design it will be limited to a maximum of 25% of total landscaped area for commercial and industrial projects and a maximum of 30% for a multi-family project. vii. The clustering of plant material into groups of three or more plants is encouraged. viii. All landscape and irrigation plans shall be prepared and stamped by a registered Architect, Landscape Architect, Residential Designer or Civil Engineer. h. DTLV-O Area 1 Construction Standards i. Noise. The entire Downtown Las Vegas Overlay Area 1 shall be considered a commercial use district as related to the noise ordinance, per Title 9.16. Page 790 ii. Construction Fences. Construction fences within Area 1 of the DTLV-O (Downtown Las Vegas Overlay) shall be subject to the requirements listed in Title 19.16.160, "Temporary Commercial Permit." In addition to the requirements listed in Title 19.16.160, the following standards shall also apply: a. The construction fencing shall be no higher than 12 feet. b. Plywood fencing with a canopy over the sidewalk providing a covered walkway shall be required wherever multi-level construction is occurring adjacent to the sidewalk. These covered walkways must be designed per International Building Code Chapter 33, Section 3306 and permitted through the Building Department. Sidewalk closures with pedestrian detouring will not be permitted in lieu of the walkway canopy unless authorized by the City Traffic Engineer. iii. Construction and Real Estate Signs. Permits for construction and real estate signs shall be issued in accordance with Title 19.08.120 and Title 19.16.200. Freestanding construction and real estate signs shall be subject to the requirements listed in Title 19.08.120(G). In addition, the following standards shall apply: a. Construction signs shall be located on the same site as the approved development, or on the same site as an approved construction yard for that specific development. Real estate signs may be located on the same site as the approved development, or on the same site as an approved Temporary Real Estate Sales Office where allowed. b. Complimentary directional signage is permitted only for businesses that are directly affected by the new project. c. Construction and real estate signs may be located directly on construction fencing. In such cases, the minimum setback requirements, maximum area requirements, minimum clearance requirements, and maximum number requirements shall not be automatically applied. Such signage shall secure a temporary sign permit, issued via the subdivision development sales signs, that is limited for up to 24 months. i. DTLV-O Area 1 Requirement Threshold Matrix - Table 11 Table 11 - DTLV-O Area 1 Requirement Threshold Matrix Definition Approval Process Streetscape Requirements Civil Improvements / Utilities Parking Requirements Change of use/ interior remodel/ façade rehab - Modification to the type of business activity - Façade improvement - Interior remodel (no Net Floor Area expansion to existing structure) - Fire/Life Safety or ADA accessibility upgrades - Signage - Building Permit - Business License - Special Use Permit (if required) - Encroachment Permit (if required) - Fire Permit (if required) - DDRC approval - signage - Streetscape - No - Lot Landscaping - No - Civil Plans - May be required if new use requires upgraded utilities or Fire/Life Safety improvements - Utilities underground - No - No additional parking required; upgrade handicap spaces to federal standards only Building Expansion (TI): - Modification to an existing - Building Permit - Streetscape - Not required; Covenant - Civil Plans - May be required if new use - No additional Page 791 Category I structure resulting in Net Floor Area expansion not to exceed 10% or 5,000 SF (whichever is less) of floor area of the existing structure - Business License - Special Use Permit (if required) - Encroachment Permit (if required) - Fire Permit (if required) - Flood Control Review - finish floor elevation Running with Land agreement required to obtain property owner's consent for future streetscape improvements - Lot landscaping - No requires upgraded utilities or fire/life safety improvements - Utilities underground - Not required; Covenant Running with Land agreement required to obtain property owner's consent for future improvements parking required; upgrade handicap spaces to federal standards only Building Expansion (TI): Category II - Modification to an existing structure resulting in Net Floor Area expansion exceeding 10% or 5,000 SF (whichever is less) of floor area of the existing structure - Site Development Plan Review (SDR) per Title 19.16 - Building Permit - Business License - Special Use Permit (if required) - Encroachment Permit (if required) - Fire Permit - Flood Control Review - finish floor elevation - Majority block frontage (over 50%) - All improvements required - Partial block frontage (50% or less) - Covenant Running with Land agreement required to obtain property owner's consent for future improvements - Majority block frontage (over 50%) - Underground utilities required - Partial block frontage (50% or less) - Covenant Running with Land agreement required to obtain property owner's consent for future improvements - Refer to Interim Downtown Las Vegas Development Standards for parking requirements New Development - Modification to the type - Development of new principal structure on-site - Site Development Plan Review (SDR) per Title 19.16 - Building Permit - Business License - Special Use Permit (if required) - Encroachment Permit (if required) - Fire Permit - Flood Control Review - finish floor elevation - Majority block frontage (over 50%) - All improvements required - Partial block frontage (50% or less) - any streetscape not implemented due to existing conditions will require a Covenant Running with Land to obtain property owner's consent for future improvements - Majority block frontage (over 50%) - underground utilities required - Partial block frontage (50% or less) - undergrounding not implemented due to existing conditions will require a Covenant Running with Land to obtain property owner's consent for future improvements - Refer to Interim Downtown Las Vegas Development Standards for parking requirements Page 792 Figure 32 - DTLV-O Area 2 2. Area 2 a. DTLV-O Area 2 Standards All development occurring within Area 2 of the DTLV- O (Downtown Las Vegas Overlay) (See Fig. 32) shall conform to Title 19 of the Las Vegas Municipal Code. i. Area 2-Specific Wall and Fence Standards The maximum height of any wall or fence erected between the front property line and the primary structure shall not exceed five (5) feet, and the maximum height of any solid wall or fence shall not exceed two (2) feet. Notwithstanding the preceding sentence or Subparagraph (b) below, the Director may approve wall or fence heights in excess of the height limitations of the preceding sentence if the additional heights are necessary to satisfy screening requirements set forth in this Title. For purposes of these Area 2-Specific Wall and Fence Standards, a solid wall or fence is any wall or fence that is opaque for over sixty percent of its surface, as viewed perpendicularly from the right-of-way line. b. DTLV-O Area 2 Deviations Any deviation from Title 19 Development Standards that supports the City's goals as expressed in the Vision 2045 Downtown Las Vegas Masterplan and the districts' goals and descriptions as per Chapter II of this document may only be granted by the City Council when supported through clear and convincing evidence, and shall require the approval of a Waiver per Section A.8.b of this document. Page 793 Figure 33 - DTLV-O Area 3 3. Area 3 a. DTLV-O Area 3 Standards All development occurring within Area 3 of the DTLV- O (Downtown Las Vegas Overlay) (See Fig. 33) shall conform to the development standards as stated in the subsections below. i. Las Vegas Medical District All development occurring within Area 3a of the DTLV-O (Downtown Las Vegas Overlay) shall conform LVMC Chapter 19.09. ii. Symphony Park All development occurring within Area 3b of the DTLV-O (Downtown Las Vegas Overlay) shall conform to the Symphony Park Design Standards, as adopted by the Las Vegas City Council on November 1, 2006 and amended thereafter. b. DTLV-O Area 3 Deviations Except as otherwise provided in this Subparagraph (b), any deviation from the development standards that supports the City's goals as expressed in the Vision 2045 Downtown Las Vegas Masterplan and the districts' goals and descriptions as per Chapter II of this document may only be granted by the City Council when supported through clear and convincing evidence, and shall require the approval of a Waiver per Section A.8.b of this document. Deviations from development standards set forth in LVMC Chapter 19.09 shall be in accordance with the procedures set forth in that chapter. Page 794 D. OUTDOOR DINING AND ENTERTAINMENT STANDARDS 1. Outdoor Dining and Entertainment Standards: Public Sidewalk Areas and Private Property The standards of this subsection apply to outdoor dining that occurs or is proposed to occur within public sidewalk areas and on private property. For the purposes of this subsection, the term "outdoor dining" and "outdoor dining area" refer to dining within the area of a public sidewalk or similar pedestrian area, unless the context refers otherwise. a. Objective and Intent The objective of establishing the outdoor dining standards is to promote pedestrian-friendly use of public sidewalks and similar pedestrian areas in connection with providing economic opportunities for ground floor food and/or beverage establishments. The outdoor dining standards have been developed to ensure that the space used for outdoor dining is consistent with the general design of the public right-of-way and to allow for adequate pedestrian circulation. The outdoor dining standards are also intended to guide applicants with the design of outdoor dining areas, establish or enhance an identifiable sense of place, create a comfortable and interesting pedestrian environment, maintain a continuous and visible pedestrian activity between nodes and building anchors, and provide minimum standards for beautification. b. Requirements Outdoor dining is only allowed within Area 1 of the DTLV-O (Downtown Las Vegas Overlay) (Fig. 3) in conjunction with a licensed food or beverage establishment permanently located at the subject site. This section does not apply to open air vendors, food carts, and food trucks. 2. Standards Outdoor dining otherwise permitted within the underlying zoning district may be permitted to take place within a public sidewalk area, private property, or similar pedestrian area, but only in accordance with the Outdoor Dining Standards. The location requirements as well as the barrier requirements are set forth in section 1 and 2 of this subsection. Unless otherwise specified in this Section, the following standards shall apply to outdoor dining in public sidewalk areas as well as on private property. a. Location i. Public Sidewalks. Outdoor dining may occur only as an accessory use to a food or beverage establishment and may be permitted only in the public sidewalk or similar pedestrian area immediately adjacent to the front of the establishment. The dining area may not extend beyond the boundaries of the abutting property and shall not be located in a manner that interferes with the building egress and ingress as required by the International Building Code (IBC). No outdoor dining area may be located within twenty feet of an intersection or within ten feet of a driveway or alley. Where approved by the Department of Public Works, outdoor dining in a public sidewalk or similar pedestrian area may occupy up to two thirds of the total width of the sidewalk or available pedestrian area. In the case of a sidewalk or similar pedestrian area up to 15 feet wide, there shall remain a minimum pedestrian clearance of five feet. For sidewalks or similar pedestrian areas with a greater width, the minimum pedestrian clearance is eight feet. This minimum clearance area must occur between any outdoor dining and a continuous line that represents where sidewalk or pedestrian area obstructions are located. Such obstructions include without limitation tree planters, landscape planters, street furniture, streetlight poles, utility poles, fire hydrants, sign posts, and permitted news racks. Page 795 ii. Private Property. Outdoor dining may occur only as an accessory use to a food or beverage establishment, and shall only be permitted on private property, except as otherwise allowed under this section. The outdoor dining or seating areas shall not extend onto adjacent properties or rights- of-way. The outdoor dining or seating areas shall not be located in a manner that interferes with building egress and ingress as required by the International Building Code (IBC). b. Roofing Will be addressed on a case-by-case basis. c. Furniture All furnishings within an outdoor dining area shall be movable and made of sturdy, durable and commercial grade material. They shall be designed to complement the design theme of the business. Ordinary plastic lawn chairs and tables and similar furniture are not acceptable. d. Trash Enclosures i. Public Sidewalks. Trash receptacles are not permitted within the outdoor dining area or the adjacent public sidewalk. e. Lighting i. Public Sidewalks. Lighting, when provided, shall be shielded and of low wattage so as to illuminate only the outdoor dining area and so as to avoid producing glare that has a negative impact on pedestrian traffic, surrounding properties or rights-of-way. The design of the light fixtures shall be compatible with the architectural theme of the building and business. f. Maintenance Outdoor dining and seating areas shall be kept in good state of repair and maintained in a clean, safe and sanitary condition. Any item of furniture or equipment that is broken, rusting, degraded, torn, or tattered shall be removed promptly. The outdoor dining area must be swept and mopped every night after closing, and kept clean of food or other refuse. g. Music and Live Entertainment Music and Live Entertainment are permitted as an accessory amenity. Any music or entertainment will comply with applicable noise ordinances and standards. h. Alcoholic Beverage Service Alcoholic beverage service in outdoor seating areas shall conform to LVMC Title 6. 3. Encroachment Approval Any dining or entertainment to take place within the public right-of-way shall require approval of a license agreement to encroach as approved by Public Works Staff or an agreement pursuant to LVMC 13.32.065. (Ord. 6615 §2-3, 05/02/18) (Ord. 6649 § 13 thru 17, 10/17/18) (Ord. 6667 § 2 thru 8, 01/16/19) (Ord. 6679 § 2, 04/03/19)