The regulations specified in this title shall be subject to the following general provisions.

(Ord. 1028, 11-25-1997, eff. 12-16-1997)

A.

Uses Not Listed. The community development director may make a determination as to whether any use not listed in this title would be a permitted or conditional use in a particular zone. Any determination as to a use not listed is subject to appeal to the planning commission. If appealed, the planning commission, after holding public hearing in accordance with the conditional review procedures of chapter 30 of this title, may allow certain uses not enumerated for the various zones if the commission makes the following findings:

1.

That the use will be in accord with the purpose of the zone in which the use is proposed.

2.

That the use will be appropriate in that it has the same basic characteristics as the uses enumerated for the zone in which the use is proposed.

3.

That the use will not adversely affect the character of any zone in which it is proposed to be permitted.

4.

That the use will not create more vehicular traffic than the volume normally created by similar type uses enumerated for the zone.

5.

That the use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, electrical disturbance, unsightliness or any other objectionable influence than the amount normally created by similar type uses enumerated for the zone in which the use is proposed.

6.

That the use will otherwise comply with all of the requirements and provisions applicable to the particular zone.

(Ord. 1028, 11-25-1997, eff. 12-16-1997)

B.

Location Of Accessory Buildings And Structures.

1.

Yards.

a.

Rear Yards. An accessory building or structure may occupy any portion of a rear yard, except that it may only occupy a maximum of thirty five percent (35%) of a required rear yard. For the purposes of this subsection, covered porches and platforms, pool covers, gazebos, open sun screens and carports are exempt from this requirement. For the purposes of this subsection, rear yards which abut alleys or streets are also exempt from this requirement.

b.

Side Yards.

(1)

An accessory building or structure may occupy any portion of a side yard if all of the following conditions are met:

(A)

Maximum Height. If the building or structure is located five feet (5') or more from the side lot line, the maximum height of the building or structure shall be sixteen feet (16'); or If the building or structure is located less than five feet (5') from the side lot line, the maximum height of the building or structure shall be eight feet (8'). If there is a solid masonry wall, retaining wall or sight obscuring fence adjacent to the side lot line, the maximum height of the building or structure shall be eight feet (8'), or equal to the height of the retaining wall/fence, whichever is greater, but not to exceed sixteen feet (16'); and

(B)

Access Area. An unobstructed access area of at least five feet (5') in width is maintained along both sides of the property. For the purposes of this subsection, carports that are open on three (3) sides constitute an unobstructed access area.

(2)

In addition to the above requirements, an accessory building or structure may occupy any portion of a street side yard of a corner lot if the abutting lot to the rear along the street side is not a key lot and there is no vehicle access to the street.

c.

Front Yards. An accessory building or structure shall not be located in a front yard.

(Ord. 1176, 8-27-2002, eff. 9-18-2002)

2.

Property Line. An accessory building or structure shall be located at least five feet (5') from any property line, except that if fire resistance rated construction is used as per the building code, an accessory building or structure may abut the property line subject to recorded easements. When the rear lot line abuts an alley, the accessory building or structure may be located on the rear property line. Exception: In the R1-20, R1-40 and R1-80 zones, accessory buildings and structures over one thousand (1,000) square feet in size shall be located at least ten feet (10') from any property line.

(Ord. 1394, 9-22-2009, eff. 10-14-2009)

3.

Gross Floor Area. In aggregate, the gross floor area of all accessory buildings and structures shall not exceed the following sums. In certain zones as listed below, greater areas are permitted for a new detached building if it is of similar material and color to the primary dwelling on site, or, if for an addition to an accessory building, it is of similar material and color to the existing accessory building:

Basements of accessory buildings shall not be counted toward the aggregate area if the basement is completely below grade.

(Ord. 1451, 8-23-2011, eff. 9-15-2011)

4.

Height. The height of any accessory building or structure shall not exceed one story or exceed sixteen feet (16') in height.

5.

Detached Carports. Detached carports in the CM commercial manufacturing zone may be located in a required front yard and are not limited to the square footage requirements of this section.

6.

Distance Required. There shall be maintained between all buildings and structures on site a distance as per the requirements of the latest edition of the building code, as adopted by the city.

7.

Garages And Carports. Garages and carports which open onto the street side yard of a corner lot shall have a minimum setback from the street side property line equivalent to the front yard setback for the zone in which the structure is located.

(Ord. 1028, 11-25-1997, eff. 12-16-1997)

8.

Wind Energy Systems. Wind energy systems as regulated under section 11-20-9 of this chapter.

(Ord. 1469, 11-22-2011, eff. 12-16-2011)

C.

Maintenance. Each lot owner and/or occupant shall at all times keep the premises, buildings, improvements and appurtenances in a safe, clean, neat and sanitary condition and shall comply with all laws, ordinances and regulations pertaining to health and safety. Each lot owner and/or occupant shall provide for the removal of trash and rubbish from the premises. Undeveloped areas on the premises shall be maintained in a weed free condition. This provision shall apply to all zones.

(Ord. 1497, 4-23-2013, eff. 5-16-2013)

A.

Front, Side And Rear Yards.

1.

Except as provided in this chapter, every required front, side and rear yard shall be open and unobstructed from the ground to the sky.

2.

No yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building; and no yard or open space on any adjoining property shall be considered as providing a yard or open space on a building site whereon a building is to be erected.

(Ord. 1028, 11-25-1997, eff. 12-16-1997)

3.

When the common boundary line separating two (2) contiguous lots is covered by a building or permitted group of buildings, such lots shall constitute a single building site and the yard spaces as required by this title shall then not apply to such common boundary line. A parcel map or reversionary map shall be required to merge such lots into a single parcel.

(Ord. 1176, 8-27-2002, eff. 9-18-2002)

B.

Cornices, Eaves. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features may extend or project into a required side, front or rear yard not more than three feet (3').

C.

Fire Escapes. A fire escape may extend or project into any required front, side or rear yard not more than four feet (4').

D.

Stairways And Balconies. An open and unenclosed stairway or balcony, covered or uncovered, may extend or project into a required rear yard not more than four feet (4') and into a required front or side yard not more than three feet (3'). The space under the roof, stairway and/or balcony shall remain open on at least three (3) sides. If an uncovered balcony encroaches into a required rear yard and also serves as a covered patio for the floor below, the encroachment provisions of subsection F of this section for rear yards shall apply.

(Ord. 1028, 11-25-1997, eff. 12-16-1997)

E.

Uncovered Porches And Platforms. An attached uncovered porch, platform or landing place which does not extend above the level of the first floor of the building may extend or project into any required front yard not more than six feet (6'), and may extend any distance into a required side yard, and up to fifty percent (50%) of the distance into a required rear yard.

(Ord. 1176, 8-27-2002, eff. 9-18-2002)

F.

Attached Carports, Covered Patios And Porches In The R1, R2, ME And MP Zones.

1.

Carports And Patio Covers Encroaching Into A Required Side Yard.

a.

Carports and patio covers which are attached to a main structure may have a side setback of zero feet (0'), provided that the space under the carport or patio cover remains completely open at the front and rear. Gates may be permitted at the front and/or rear of the carport or patio cover, provided they do not exceed six feet (6') in height. Carports and patio covers which are located within five feet (5') of a property line shall utilize fire resistance rated construction, unless the building code allows for exceptions to this requirement.

b.

The height of an attached carport or patio cover shall not exceed sixteen feet (16').

c.

Carports attached to a main structure which open onto the street side yard of a corner lot shall have a minimum setback from the street side property line equivalent to the front yard setback for the zone in which the structure is located.

(Ord. 1394, 9-22-2009, eff. 10-14-2009)

2.

Carports And Patio Covers Encroaching Into A Required Rear Yard.

a.

In the R1 and R2 zones, carports and patio covers which are attached to a main structure may have a rear setback of ten feet (10'), provided that the space under the carport or patio cover remains completely open at the rear and on at least one side. For lots recorded prior to the effective date of ordinance 841 (March 23, 1988), a rear setback of seven feet six inches (7' 6") is permitted. For lots which abut an alley to the rear, a rear setback of zero feet (0') is permitted.

b.

In the ME and MP zones, carports and patio covers which are attached to a main structure may have a rear setback of five feet (5'), provided that the space under the carport or patio cover remains completely open at the rear and on at least one side. For lots recorded prior to the effective date of ordinance 841 (March 23, 1988), a rear setback of four feet (4') is permitted.

c.

The height of an attached carport or patio cover shall not exceed sixteen feet (16').

(Ord. 1536, 1-27-2015, eff. retroactive to 1-19-2015)

3.

Patio And Porch Covers Encroaching Into A Required Front Yard In The R1 And R2 Zones.

a.

Patio and porch covers which are attached to a main structure may have a front setback of fourteen feet (14'), provided that the space under the patio or porch cover remains unenclosed. Any deck or balcony above shall be limited to the encroachment provisions of subsection D of this section.

b.

The height of an attached patio or porch cover shall not exceed the height of the roof of the house, or sixteen feet (16'), whichever is less.

c.

Carports are not permitted to encroach into a required front yard.

(Ord. 1370,11-12-2008, eff. 12-4-2008)

G.

Covered Patios In The R3 Zone. In the R3 zone, and for approved R3 residential uses as permitted by conditional use in the C1, C2, CM and H zones, or within an approved planned unit development, covered patios attached to a main structure may extend into the required rear yard, provided that:

1.

The required rear yard is not reduced to less than five feet (5');

2.

The rear yard abuts common open space under the ownership and control of the homeowners' association or is an exclusive use yard area associated with the main structure; and

3.

The space under the patio cover remains open on three (3) sides.

(Ord. 1176, 8-27-2002, eff. 9-18-2002)

A.

Measurement Of Height.

1.

Front Yard. Walls, fences or hedges which occupy any portion of a required front yard, except within the sight visibility zone as provided for in section 11-20-5 of this chapter, shall be measured either:

a.

Above the finished grade along the fence line; or

b.

Above the curb grade; or

c.

Above the nearest edge of the street pavement in the absence of a curb structure along the street right of way line; or

d.

Above the finished lot grade along the side property line.

2.

Other Yards. Walls, hedges or fences in other yards shall be measured from the finished grade from the side of the wall, fence or hedge with least vertical exposure.

3.

Retaining Walls. Retaining walls are not included in the measurement of wall height as noted above, except as per the provisions of subsection B3 of this section.

B.

Maximum Height.

1.

Front Yard. A wall, fence or hedge may occupy any portion of a required front yard, except within the sight visibility zone as provided for in section 11-20-5 of this chapter, provided that such walls, fences or hedges do not exceed the following heights:

2.

Other Yards. A wall, fence or hedge may occupy any portion of a front, side or rear yard, except within the required front yard and except within the sight visibility zone as provided for in section 11-20-5 of this chapter, provided that such walls, fences or hedges do not exceed the following heights:

3.

Facing Public Streets. Solid walls and/or fences which face public streets shall not exceed six feet (6') in height on the public street side. Multiple retaining fence/walls shall be permitted, provided no single solid wall exceeds six feet (6') in height on the public street side. All walls within the sight visibility zone shall comply with the requirements as per section 11-20-5 of this chapter.

4.

Exceptions For Residential Districts.

a.

Decorative Features. An additional one foot (1') in height for decorative features such as lights or finials shall be allowed on top of columns within a required front yard and street side yard.

b.

Tennis/Sports Courts.

(1)

Tennis/sports courts utilizing nonmetallic netting may be permitted in a rear or side yard, and the maximum height for netting and posts shall be six feet (6'). If the yard is enclosed with retaining walls and solid walls or sight obscuring fencing in excess of six feet (6') in height, the netting and posts for tennis/sports courts shall not exceed that height. Requests which exceed the height of the yard's walls/fencing are subject to public hearing and planning commission approval in accordance with the conditional use review procedures of chapter 30 of this title. Said netting and posts shall be removed if the tennis/sport court is removed.

(2)

Within the R1-20 and R1-40 zones, in addition to the requirements noted in subsection B4b(1) of this section, tennis/sports courts may also be permitted within a front yard, but not within a required front yard. A conditional use permit is not required for netting and posts up to six feet (6') in height within a front yard or up to ten feet (10') in height within a rear or side yard.

(3)

Within the R1-80 zone, in addition to the requirements noted in subsection B4b (1) of this section, tennis/sports courts may also be permitted within a front yard, but not within a required front yard, and a conditional use permit is not required for netting and posts up to ten feet (10') in height.

c.

Residential Walls And/or Fences. The building official may approve residential walls and/or fences in excess of the limitations set forth in subsections B1, B2 and B3 of this section, subject to the criteria for an administrative variance pursuant to section 11-32-13 of this title. All other requests for variances would be subject to public hearing and planning commission approval as per chapter 32 of this title.

5.

Exceptions for government zones and uses in the ER zone. Fences and walls may be eight feet (8') in height. The City Manager may approve taller fences for utilities or facilities on city-owned land.

C.

Obstructions. Planted hedges, shrubs or trees shall not obstruct any public way.

(Ord. 1191, 2-25-2003, eff. 3-19-2003)

D.

Minimum Rear Yard Access. When fencing or walls are proposed which would block access from the front yard to the rear yard, a gate or some other means of access for emergency purposes shall be provided within the fence or wall on at least one side of the property. The gate or access should be at least four feet (4') in width, unless it is not practical to provide a gate or access of this width, in which case the gate or access shall be as wide as possible.

(Ord. 1497, 4-23-2013, eff. 5-16-2013; Ord. 1694, 1-24-2023, eff. 2-16-2023)

Sight visibility zones shall apply as per the provisions of the uniform standard drawings for public works construction, off site improvements, Clark County area, Nevada, drawing number 201.2, with the exception that:

A.

The maximum height for objects within the sight visibility zone shall be three feet (3'), measured above the top of curb as it exists or would exist.

(Ord. 1028, 11-25-1997, eff. 12-16-1997)

No lot area shall, by deed, dedication, grant or by any other means whatsoever, be so reduced or diminished that the lot area, width, yard or other open spaces of such lot or any lot formed therefrom shall be smaller than prescribed by this title.

(Ord. 1028, 11-25-1997, eff. 12-16-1997)

A.

Chimneys, church steeples, radio/television transmission or receiving towers/antennas and flagpoles may be erected to a height exceeding the height limit otherwise permitted in the zone in which the structure is located, but in no case shall such structure exceed the height limit by more than ten feet (10') unless approved by the Planning Commission in accordance with the conditional use review procedures of chapter 30 of this title. No portion of an antenna array shall extend beyond the property line or into any front yard area in any residential zone.

B.

Refrigeration coolers or ventilating fans, elevator bulkheads, fire towers and mechanical appurtenances necessary to operate and maintain the building, shall not exceed the height limit permitted in the zone in which the structure is located, unless approved by the Planning Commission in accordance with the conditional use review procedures of chapter 30 of this title.

C.

In no case shall structures so exceeding the permitted height limit be allowed for the purpose of providing additional floor space.

D.

Antenna structures for Federal Communications Commission (FCC) licensed amateur radio stations may be erected to a total height not to exceed seventy feet (70') above finished grade, and are subject to the following provisions:

1.

A conditional use permit shall be required in accordance with the procedures of chapter 30 of this title.

2.

No person shall erect an antenna structure without first obtaining the necessary building, electrical or any other permit or license required by other provisions of this Code.

3.

All antenna structures shall be maintained in compliance with the manufacture's specifications and all applicable provisions of this Code.

4.

Antenna structures shall be limited to rear yards of properties.

(Ord. 1028, 11-25-1997, eff. 12-16-1997)

A.

Manufactured homes are allowed in residential (R) zones provided such use complies with all of the following:

1.

Must be permanently affixed to a residential lot.

(Ord. 1117, 6-27-2000, eff. 7-19-2000)

2.

Must have been manufactured within six (6) years preceding the date on which it is affixed to the residential lot.

(Ord. 1593, 8-22-2017, eff. 9-14-2017)

3.

Must have exterior siding and roofing similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity.

4.

Must consist of more than one section and comply with minimum living area and setbacks required within the zone.

5.

Must have at least five (5) sides to the building. This does not include architectural intrusions.

6.

Must architecturally mask elevated foundations and anchoring systems.

7.

If other homes in the immediate vicinity have garages or carports, then a garage or carport will be required of the manufactured home to match the architectural design of the neighborhood.

B.

This section shall not apply in historic districts, and shall not void recorded restrictive covenants.

(Ord. 1117, 6-27-2000, eff. 7-19-2000)

A.

Accessory Use. Wind energy systems, as defined in this title, are permitted as an accessory use in all zoning districts.

B.

Type And Location.

1.

In any zone, a wind energy system may be directly mounted on or attached to the principal structure on the site, or may be mounted on a freestanding monopole. In commercial zones, systems may be attached to advertising structure signs or integrated onto light poles provided structural engineering requirements are met as per city requirements. Systems which utilize lattice towers, guywires or other support structures shall require issuance of a conditional use permit as set forth in chapter 30 of this title.

2.

Wind energy systems may be located anywhere on a property provided setback requirements are met, except that on residentially zoned property, wind energy systems shall not be located in the front yard between the principal structure and the public right of way, or within a street side yard of a corner lot if the yard is not enclosed by a six foot (6') tall wall or fence.

3.

Wind energy systems shall not be located within or over drainage, utility or other established easements.

C.

Setbacks.

1.

In all zones, no part of the wind energy system structure, including guywire anchors, shall be located within five feet (5') of adjacent property lines or ten feet (10') of other structures.

2.

All parts of a wind energy system shall be set back from adjacent property lines a minimum distance equal to 1.1 times the total extended height of the system. The setback may be reduced if the applicant provides a registered engineer's certification that the wind energy system structure is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the wind energy system and within the subject property.

D.

Height. Wind energy system structures shall not exceed the following total extended heights, as measured from grade to the highest point of the structure or of the arc of the blades, whichever is higher:

1.

Thirty five feet (35') in all base zoning districts.

2.

Exception: Twenty five feet (25') within the "AP" airport overlay zone.

E.

Quantity. One wind energy system structure may be permitted per property when all setback and other requirements of this section can be met. Requests for additional wind energy system structures shall require issuance of a conditional use permit as set forth in chapter 30 of this title.

F.

Noise Limits.

1.

A wind energy system shall be constructed and maintained so that noise levels do not exceed sixty (60) decibels during the day or forty five (45) decibels during the night, as measured by a sound level meter at the closest property line.

2.

Measurement of sound levels shall not be adjusted for, or averaged with, nonoperating periods. Any system exceeding these levels shall immediately cease operation upon notification by the city and may not resume operation until the noise levels have been reduced in compliance with the required standards and verified by the city.

G.

Clearance. The blade tip or vane of any wind energy system shall have a minimum ground clearance of ten feet (10') as measured at the lowest point of the arc of the blades, as well as a clearance of ten feet (10') from the edge of the blade to any utility line. No blades shall extend over parking areas, driveways or sidewalks.

H.

Appearance.

1.

Systems shall be painted a nonreflective, nonobtrusive neutral color. Galvanized steel or metal is acceptable for the support structures.

2.

When mounted to a building, wind energy systems shall be painted or finished to blend or complement the color of the building.

3.

Any painting or coating shall be kept in good repair.

4.

Signs are prohibited on a wind energy system, except for manufacturer or installer identification and/or warning signs.

I.

Lighting.

1.

Illumination Prohibited. No illumination of the turbine or tower shall be allowed unless required by the federal aviation administration (FAA). If lighting is required by the FAA, the lighting shall be the minimum amount and type required by that agency.

2.

Exception. In commercial zones, low level illumination of a wind energy system is permitted. The ground or building mounted light fixture shall not flash or move.

J.

Access. If the wind energy system is not within an enclosed yard, any climbing foot pegs or rungs below twelve feet (12') of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed and must be integrated into the design of the tower structure.

K.

Compliance.

1.

The wind energy system shall comply with all applicable federal, state and city codes and the installation of a wind energy system shall require the issuance of a building permit.

2.

If the wind energy system is connected to a public utility electricity distribution system, the customer shall comply with any requirements imposed by that utility.

L.

Maintenance, Abandonment And Removal.

1.

Wind energy systems shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards, and shall be free from rust.

2.

Any wind energy system found to be unsafe by an official of the Boulder City building division shall immediately cease operation upon notification by the city and shall be repaired by the owner to meet federal, state and local safety standards or be removed within six (6) months.

3.

Wind energy systems that are not operated for a continuous period of twelve (12) months shall be removed by the owner. If the owner fails to remove the system, the city may pursue legal action to have the system removed at the owner's expense.

4.

When a system is removed from a site, all associated and ancillary equipment, batteries, devices, structures or supports for the system shall also be removed. For purposes of this section, nonoperation shall be deemed to include, but shall not be limited to, the blades of the system remaining stationary so that wind resources are not being converted into electric or mechanical energy, or the system is no longer connected to the public utility electricity distribution system or an alternate storage system such as batteries, etc.

M.

Deviation. Deviations from these standards shall require issuance of a conditional use permit as set forth in chapter 30 of this title.

(Ord. 1469, 11-22-2011, eff. 12-16-2011)