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Henderson City Zoning Code

PART II

District Regulations

19.2.1 Purpose and Applicability

The purposes of the Residential Zoning Districts are to:

  1. A.
    Support responsible growth and development patterns to minimize urban sprawl;
  2. B.
    Provide appropriately located areas for residential development that are consistent with the Comprehensive Plan and with standards of public health and safety established by this Code;
  3. C.
    Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, overcrowding, traffic congestion, and other significant adverse environmental effects;
  4. D.
    Protect residential areas from hazardous activities, fires, explosions, landslides, toxic fumes and substances, and other public safety hazards;
  5. E.
    Provide for residential lands with varying densities and types of housing to offer a variety of well-designed universal housing options to meet the needs of all residents;
  6. F.
    Allow low-intensity, resident-serving, nonresidential uses within some residential areas to minimize the need for travel and to encourage vibrant neighborhoods; and
  7. G.
    Ensure the provision of public services and facilities needed to accommodate planned population densities to encourage healthy, livable neighborhoods; and
  8. H.
    Protect and enhance the overall character and quality of life of each residential district.

Additional purposes of each Residential Zoning District:

Low-Density Single-Family Residential (RS-1, RS-2, RS-4, RS-6, and RS-8). The RS-1, RS-2, RS-4, RS-6, and RS-8 districts are established to accommodate a variety of residential use types in a residential neighborhood setting. The districts also allow for a limited number of public and institutional uses, and similar compatible uses that may be appropriate in a residential neighborhood environment.

Medium-Density Residential (RM-10 and RM-16). The RM-10 and RM-16 districts are established to provide opportunities for a wide range of medium density housing options, including attached and detached single-unit dwellings, townhouses, condominiums, and apartment buildings. The districts also allow for a limited number of public and institutional uses, and similar compatible uses that may be appropriate in a medium-density residential environment.

High-Density Multifamily Residential (RH-24 and RH-36). The RH-24 and RH-36 districts are established to provide opportunities for a variety of high-density residential development designed to be compatible with their sites and surroundings. Housing options include single-unit attached, townhouses, condominiums, and apartment buildings. The districts also allow for a limited number of public and institutional uses, and similar compatible uses that may be appropriate in a high-density residential environment.

Manufactured Home Residential (RMH). The RMH district is established to provide appropriate locations for mobile/manufactured/tiny home park sites, parks for permanent residents, parks with rental spaces, and individually owned lots in a mobile/manufactured home/tiny house subdivision.

(Ord. # 4007, 02/06/2024; Ord. # 4050, 12/17/2024)

Effective on: 12/20/2024

19.2.2 Development Standards

Table 19.2.2-1, Development Standards – Residential Districts, establishes the dimensional and development standards for Residential Districts. The number indicated in the name of each zoning district correlates to the maximum density allowed in that zoning district. Additional regulations are noted in the right column. Letters in parentheses refer to additional development standards that directly follow the table.

Table 19.2.2-1, Development Standards – Residential Districts
Development Standards for Residential Districts
StandardRSRMRHRMH1Callout
Lot Standards
Lot Area (min.) (sq. ft.)RS-1: 40,0003,0002NA

2,800

(1,000 for

tiny houses)

 
RS-2: 20,000
RS-4: 10,000
RS-6: 6,000
RS-8: 4,0002
Height Standards
Primary Building (max.) (ft.)3545(C)60(C)15 
Building Placement Standards
Required Min. Setbacks (A) 
Front (ft.)RS-1, RS-2: 20101010Number 1
RS-4, RS-6, RS-8: 10
Interior Side (ft.)RS-1, RS-2: 105 (A)100Number 2
RS-4, RS-6, RS-8: 5
Corner Side (ft.)RS-1, RS-2: 1510 (A)55Number 3
RS-4, RS-6, RS-8: 10
Rear (ft.)3RS-1, RS-2: 2510150Number 4
RS-4, RS-6, RS-8: 15
Parking Standards
Required Min. Setbacks     
Front-loaded garage from street facing lot line (ft.)205205205NA 
Rear-loaded garage from alley (ft.)RS-1, RS-2: NAMin: 3-55 or 19 if surface parking providedMin: 3-55 or 19 if surface parking providedNA 
RS-4, RS-6, RS-8:
Min: 3-55 or 19 if surface parking provided
Surface Parking from existing ROW (ft.)NA40(B4)40(B)NANumber 5
Open Space Standards
Open Space (min.) (sq. ft./ dwelling unit)RS-1, RS-2, RS-4, RS-6: NARM-10: 500300500 
RS-8: 500RM-16: 300
Notes:
  1. 1
    The max. density in the RMH district is 20 du/ac, but applicable minimum lot sizes and building setbacks must still be met.
  2. 2
    The required lot area may be reduced for single-family attached dwelling units to 2,000 sq. ft. in RS-8, 1,600 sq. ft. in RM-10, and 1,400 sq. ft. in the RM-16 zoning districts.
  3. 3
    The rear setback for alley loaded product shall be at least 19 feet from the edge of the alley/property line when surface parking is provided between the garage and the alley, or 3 to 5 feet (based on driveway length) if no surface parking is provided.
  4. 4
    Letters in parentheses refer to additional development standards that directly follow the table.
  5. 5
    Single-family attached garage setbacks may be modified administratively due to curving road geometry, as determined by the Director. 
Table 19.2.2-1, Development Standards – Residential Districts
Development Standards for Residential Districts
StandardRSRMRHRMH1Callout
Lot Standards
Lot Area (min.) (sq. ft.)RS-1: 40,0003,0002NA

2,800

(1,000 for

tiny houses)

 
RS-2: 20,000
RS-4: 10,000
RS-6: 6,000
RS-8: 4,0002
Height Standards
Primary Building (max.) (ft.)3545(C)60(C)15 
Building Placement Standards
Required Min. Setbacks (A) 
Front (ft.)RS-1, RS-2: 20101010Number 1
RS-4, RS-6, RS-8: 10
Interior Side (ft.)RS-1, RS-2: 105 (A)100Number 2
RS-4, RS-6, RS-8: 5
Corner Side (ft.)RS-1, RS-2: 1510 (A)55Number 3
RS-4, RS-6, RS-8: 10
Rear (ft.)3RS-1, RS-2: 2510150Number 4
RS-4, RS-6, RS-8: 15
Parking Standards
Required Min. Setbacks     
Front-loaded garage from street facing lot line (ft.)205205205NA 
Rear-loaded garage from alley (ft.)RS-1, RS-2: NAMin: 3-55 or 19 if surface parking providedMin: 3-55 or 19 if surface parking providedNA 
RS-4, RS-6, RS-8:
Min: 3-55 or 19 if surface parking provided
Surface Parking from existing ROW (ft.)NA40(B4)40(B)NANumber 5
Open Space Standards
Open Space (min.) (sq. ft./ dwelling unit)RS-1, RS-2, RS-4, RS-6: NARM-10: 500300500 
RS-8: 500RM-16: 300
Notes:
  1. 1
    The max. density in the RMH district is 20 du/ac, but applicable minimum lot sizes and building setbacks must still be met.
  2. 2
    The required lot area may be reduced for single-family attached dwelling units to 2,000 sq. ft. in RS-8, 1,600 sq. ft. in RM-10, and 1,400 sq. ft. in the RM-16 zoning districts.
  3. 3
    The rear setback for alley loaded product shall be at least 19 feet from the edge of the alley/property line when surface parking is provided between the garage and the alley, or 3 to 5 feet (based on driveway length) if no surface parking is provided.
  4. 4
    Letters in parentheses refer to additional development standards that directly follow the table.
  5. 5
    Single-family attached garage setbacks may be modified administratively due to curving road geometry, as determined by the Director. 
Table 19.2.2-1, Development Standards – Residential Districts
Development Standards for Residential Districts
StandardRSRMRHRMH1Callout
Lot Standards
Lot Area (min.) (sq. ft.)RS-1: 40,0003,0002NA

2,800

(1,000 for

tiny houses)

 
RS-2: 20,000
RS-4: 10,000
RS-6: 6,000
RS-8: 4,0002
Height Standards
Primary Building (max.) (ft.)3545(C)60(C)15 
Building Placement Standards
Required Min. Setbacks (A) 
Front (ft.)RS-1, RS-2: 20101010Number 1
RS-4, RS-6, RS-8: 10
Interior Side (ft.)RS-1, RS-2: 105 (A)100Number 2
RS-4, RS-6, RS-8: 5
Corner Side (ft.)RS-1, RS-2: 1510 (A)55Number 3
RS-4, RS-6, RS-8: 10
Rear (ft.)3RS-1, RS-2: 2510150Number 4
RS-4, RS-6, RS-8: 15
Parking Standards
Required Min. Setbacks     
Front-loaded garage from street facing lot line (ft.)205205205NA 
Rear-loaded garage from alley (ft.)RS-1, RS-2: NAMin: 3-55 or 19 if surface parking providedMin: 3-55 or 19 if surface parking providedNA 
RS-4, RS-6, RS-8:
Min: 3-55 or 19 if surface parking provided
Surface Parking from existing ROW (ft.)NA40(B4)40(B)NANumber 5
Open Space Standards
Open Space (min.) (sq. ft./ dwelling unit)RS-1, RS-2, RS-4, RS-6: NARM-10: 500300500 
RS-8: 500RM-16: 300
Notes:
  1. 1
    The max. density in the RMH district is 20 du/ac, but applicable minimum lot sizes and building setbacks must still be met.
  2. 2
    The required lot area may be reduced for single-family attached dwelling units to 2,000 sq. ft. in RS-8, 1,600 sq. ft. in RM-10, and 1,400 sq. ft. in the RM-16 zoning districts.
  3. 3
    The rear setback for alley loaded product shall be at least 19 feet from the edge of the alley/property line when surface parking is provided between the garage and the alley, or 3 to 5 feet (based on driveway length) if no surface parking is provided.
  4. 4
    Letters in parentheses refer to additional development standards that directly follow the table.
  5. 5
    Single-family attached garage setbacks may be modified administratively due to curving road geometry, as determined by the Director. 
Table 19.2.2-1, Development Standards – Residential Districts
Development Standards for Residential Districts
StandardRSRMRHRMH1Callout
Lot Standards
Lot Area (min.) (sq. ft.)RS-1: 40,0003,0002NA

2,800

(1,000 for

tiny houses)

 
RS-2: 20,000
RS-4: 10,000
RS-6: 6,000
RS-8: 4,0002
Height Standards
Primary Building (max.) (ft.)3545(C)60(C)15 
Building Placement Standards
Required Min. Setbacks (A) 
Front (ft.)RS-1, RS-2: 20101010Number 1
RS-4, RS-6, RS-8: 10
Interior Side (ft.)RS-1, RS-2: 105 (A)100Number 2
RS-4, RS-6, RS-8: 5
Corner Side (ft.)RS-1, RS-2: 1510 (A)55Number 3
RS-4, RS-6, RS-8: 10
Rear (ft.)3RS-1, RS-2: 2510150Number 4
RS-4, RS-6, RS-8: 15
Parking Standards
Required Min. Setbacks     
Front-loaded garage from street facing lot line (ft.)205205205NA 
Rear-loaded garage from alley (ft.)RS-1, RS-2: NAMin: 3-55 or 19 if surface parking providedMin: 3-55 or 19 if surface parking providedNA 
RS-4, RS-6, RS-8:
Min: 3-55 or 19 if surface parking provided
Surface Parking from existing ROW (ft.)NA40(B4)40(B)NANumber 5
Open Space Standards
Open Space (min.) (sq. ft./ dwelling unit)RS-1, RS-2, RS-4, RS-6: NARM-10: 500300500 
RS-8: 500RM-16: 300
Notes:
  1. 1
    The max. density in the RMH district is 20 du/ac, but applicable minimum lot sizes and building setbacks must still be met.
  2. 2
    The required lot area may be reduced for single-family attached dwelling units to 2,000 sq. ft. in RS-8, 1,600 sq. ft. in RM-10, and 1,400 sq. ft. in the RM-16 zoning districts.
  3. 3
    The rear setback for alley loaded product shall be at least 19 feet from the edge of the alley/property line when surface parking is provided between the garage and the alley, or 3 to 5 feet (based on driveway length) if no surface parking is provided.
  4. 4
    Letters in parentheses refer to additional development standards that directly follow the table.
  5. 5
    Single-family attached garage setbacks may be modified administratively due to curving road geometry, as determined by the Director. 
  1. A.
    Setbacks.
    1. 1.
      Attached residential housing products may abut lot lines along common walls.
    2. 2.
      The side setback for single family attached homes applies to the ends of buildings. See also HMC Section 19.10.2.D.5, Building Separation.
    3. 3.
      If adjacent to a single-family detached development, or adjacent to an undeveloped site with land use that specifically supports development of single-family detached homes, attached residential and multi-family housing products must be setback a distance equal to the building height from the lower density residential boundary/property line and meet buffer requirements, as listed in HMC Chapter 19.11, Landscaping Standards.
    4. 4.
      Average front setbacks may apply in some areas (see HMC Section 19.10.2.B, Residential Design Standards).
  2. B.
    Parking Placement in RM and RH Districts. Parking may be located within the required setback, subject to the following requirements.
    1. 1.
      Surface parking may be located within 40 feet of an existing right-of-way when the Director makes the following findings.
      1. a.
        Buildings are built as close to the public sidewalk as feasible; and there is an existing utility easement that prohibits structures, and the best use of the land under the circumstances would be surface parking.
    2. 2.
      Surface parking may be located within the side or rear setbacks only if a minimum five-foot setback is maintained.
  3. C.
    Height. Subject to compliance with 19.10.4 of this Code, the Director may allow an increase of 15 feet maximum above the base zoning district maximum height for developments that include Affordable Housing units. In order to utilize this increase, the buildings with the additional height must be at least 150 feet from the property line of a developed parcel in an RS district.

(Ord. # 3954, 04/18/2023; Ord. # 4007, 02/06/2024)  

Effective on: 2/9/2024

19.2.3 Supplemental Regulations

  • A.
    Minimum Lot Size Reduction. The intent of this subsection is to provide a variation of lot sizes and affordable product types within a subdivision. For the purposes of allowing relief and flexibility to the strict application of the lot size standards found in HMC Section 19.2, reductions in minimum lot sizes may be considered if the following is met:
    1. 1.
      There must be at least two distinct lot sizes, lot widths, and product types provided.
    2. 2.
      Up to 30% of the total number of lots within the subdivision may utilize the reduced minimum lot size found in this subsection.
    3. 3.
      The minimum lot size can be reduced up to 20% of the base zoning district requirements.
    4. 4.
      The average lot size of the entire subdivision must meet the minimum lot size of the base zoning district stated in Table 19.2.2-1.
    5. 5.
      The tentative map must show the typical lot dimension for each product type being proposed and clarify which product type will go on each lot.
    6. 6.
      The Director shall have final determination of what constituents distinctly different lot sizes and products.
    7. 7.
      Any RS-1-zoned parcel less than 40,000 square feet in area but that is one-fifth or more of the net area of what was originally a government-created five-acre parcel shall be considered to contain 40,000 square feet (regardless of lot size).
    8. 8.
      Any RS-2-zoned parcel that is less than 20,000 square feet in area, but that is one-tenth or more of the net area of what was originally a government-created five-acre parcel shall be considered to contain 20,000 square feet (regardless of lot size).
  • B.
    RS-8 District. The following standards apply to mixed-use and nonresidential development in the RS-8 District.
    1. 1.
      On all development on corner lots, an applicant shall designate the location of the front property line at the time of entitlement application.
    2. 2.
      All development is subject to concept plan review requirements in HMC Subsection 19.19.4.C, Concept Plan Review, and planned unit development overlay requirements in HMC Section 19.8.6, Planned Unit Development Overlay District.
  • C.
    RM-10 District.
    1. 1.
      Garages. Two-car garages are required for each detached single-family residential dwelling unit. Single-car garages may be permitted for small-lot residential products when a minimum 20 foot driveway is provided. Garages must comply with the minimum garage dimensions outlined in HMC Section 19.12.8 Parking Area Design Standards.
    2. 2.
      Porches.
      1. a.
        Porches must be set back eight feet from any property line.
      2. b.
        Porches must be at least 36 square feet in area with a depth of at least six feet.
  • D.
    RMH District.
    1. 1.
      All structures must be consistent with the following additional setback requirements:
      1. a.
        10 feet from a street/common driveway/drive aisle, and/or
      2. b.
        15 feet from the district perimeter.
    2. 2.
      Recreational facilities may have a maximum height of 30 feet.
    3. 3.
      Manufactured homes are subject to additional use standards outlined in HMC Section 19.10.2.E., Standards for Manufactured Homes.
  •  (Ord. # 4007, 02/06/2024)

    Effective on: 2/9/2024

    19.3.1 Purpose and Applicability

    The purposes of the Mixed-Use Zoning Districts are to:

    1. A.
      Provide for the orderly, well-planned, and balanced development of mixed-use districts.
    2. B.
      Encourage a mix of uses that promotes convenience, economic vitality, fiscal stability, corridor revitalization, and a pleasant quality of life.
    3. C.
      Promote pedestrian- and transit-oriented, mixed-use commercial centers at corners and intersections.
    4. D.
      Establish design standards that improve the visual quality of development and create a distinctive and attractive character along streets.
    5. E.
      Provide appropriate transitions between commercial and residential uses to preserve commercial and mixed-use feasibility and residential quality.

    Additional purposes of each Mixed-Use Zoning District:

    Regional Mixed-Use (MR). The MR district is intended to support a wide urban-scale mixed-use development in attractive and pedestrian-friendly regional centers. It accommodates large-scale, mixed-use development with a variety of nonresidential uses, including major employers, restaurants, theaters, lodging, offices; a broad mix of complementary uses, including high-density multifamily housing, major civic and public facilities, parks, and open space; and pedestrian-friendly elements, such as connections to transit facilities and community gathering spaces.

    Corridor Mixed-Use (MC). The MC district is intended to support medium to high-intensity vertical and horizontal mixed-use development that facilitates the gradual transformation of existing areas into walkable, transit-oriented centers. It is also intended to support infill development and incremental change in areas close to transit stops and/or at transportation crossroads. This district accommodates transit-supportive development and uses, including a mixture of high-density housing and nonresidential active ground floor uses.

    Neighborhood Mixed-Use (MN). The MN district is intended to support horizontal and vertical mixed-use development with medium-density housing in the same structures or in proximity to pedestrian-scale, neighborhood-serving nonresidential uses. It provides for a mix of building types compatible with medium-density multi-family housing on upper levels or on side streets and a mix of pedestrian-oriented neighborhood-serving uses along applicable primary street frontages. Development is envisioned to be transitional and at a scale that is consistent with walkable neighborhoods.

    (Ord. # 4050, 12/17/2024)

    Effective on: 12/20/2024

    19.3.2 Development Standards

    Table 19.3.2-1, Development StandardsMixed-Use Districts, prescribes the dimensional and development standards for Mixed-Use Districts. Letters in parentheses refer to additional development standards that directly follow the table.

    TABLE 19.3.2-1, DEVELOPMENT STANDARDS – MIXED-USE DISTRICTS
    Development Standards for Mixed Use Districts
    StandardMRMCMNCallout
    Density and Intensity Standards
    Residential Density1 (du/ac.)Min: 16
    Max: NA
    Min: 8
    Max: 36
    Min: 2
    Max: 16
     
    Floor Area Ratio (FAR), Residential and Nonresidential Combined (max.)NA3.01.75 
    Height Standards
    Height (max.) (ft.)250 (A)290 (A)55 (A) 
    Ground Floor Ceiling Height, Non-Residential Uses (min.) (ft., clear)121212 
    Building Placement Standards
    Required SetbacksIn the MN and MC Districts, single use residential development shall meet the setback requirements of the RM Districts
    Front Setback (ft.)Min: 0
    Max: 10
    (B)
    Min: 0
    Max: 20
    (B)
    Min: 0
    Max: 30
    (B)
    Number 1
    Interior Side Setback (min.) (ft.)105, 10 adjacent to an RS or RM district5, 10 adjacent to an RS or RM districtNumber 2
    Corner Side Setback (ft.)Min: 0
    Max: 15
    (B)
    Min: 0
    Max: 15
    (B)
    Min: 0
    Max: 20
    (B)
    Number 3
    Rear Setback (min.) (ft.)105, 10 adjacent to an RS or RM district5, 10 adjacent to an RS or RM districtNumber 4
    Required Building Placement 
    Building Frontage within Setback Area (min.) (% of linear street frontage)30(C)60(C)40(C)Number 5
    Applicable only to public or interior streets with existing or planned sidewalks, pedestrian walkways, or trails. 
    Corner Build Area (ft.)30(C)30(C)30(C)Number 6
    Applicable only to commercial and mixed-use buildings. 
    Non-Residential Façade Standards
    Required Transparency (% of building wall area)40(D)60(D)40(D) 
    Length of Blank Wall (max.) (ft.)30(E)30(E)30(E) 
    Required Stepback (min.) (ft.)NA15NA 
    Applicable only after the fourth story. 
    Parking and Loading Standards
    Parking Setback from Street Facing Lot Line (min.) (ft.)40(F)40(F)40(F)Number 7
    Curb Cuts, Minimum Distance from Intersection Curb Return or Pedestrian Crosswalk (ft.)101010 
    Loading/Service AreasShall be located to the side or rear of a structure or visually hidden within a buildings architecture to minimize appearance.
    Open Space and Landscape Standards
    Mixed-Use Residential Open Space (min.) (sq. ft./dwelling unit)6575100; A min of 50% of units must have at least 50 sq ft of private open space 
    See HMC Section 19.10.10 (Open Space) 
    Single-Use Residential Open Space (min.) (sq. ft./dwelling unit)500500300 
    Nonresidential Open Space (min.)See HMC Section 19.10.10 (Open Space) 
    Landscape Area (min.) (% of site)51010 
    See HMC Chapter 19.11, Landscaping Standards 
    Notes:
    1. 1
      Density requirements apply to residential and/or mixed-use projects. Commercial projects are exempt.
    2. 2
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.3.2-1, DEVELOPMENT STANDARDS – MIXED-USE DISTRICTS
    Development Standards for Mixed Use Districts
    StandardMRMCMNCallout
    Density and Intensity Standards
    Residential Density1 (du/ac.)Min: 16
    Max: NA
    Min: 8
    Max: 36
    Min: 2
    Max: 16
     
    Floor Area Ratio (FAR), Residential and Nonresidential Combined (max.)NA3.01.75 
    Height Standards
    Height (max.) (ft.)250 (A)290 (A)55 (A) 
    Ground Floor Ceiling Height, Non-Residential Uses (min.) (ft., clear)121212 
    Building Placement Standards
    Required SetbacksIn the MN and MC Districts, single use residential development shall meet the setback requirements of the RM Districts
    Front Setback (ft.)Min: 0
    Max: 10
    (B)
    Min: 0
    Max: 20
    (B)
    Min: 0
    Max: 30
    (B)
    Number 1
    Interior Side Setback (min.) (ft.)105, 10 adjacent to an RS or RM district5, 10 adjacent to an RS or RM districtNumber 2
    Corner Side Setback (ft.)Min: 0
    Max: 15
    (B)
    Min: 0
    Max: 15
    (B)
    Min: 0
    Max: 20
    (B)
    Number 3
    Rear Setback (min.) (ft.)105, 10 adjacent to an RS or RM district5, 10 adjacent to an RS or RM districtNumber 4
    Required Building Placement 
    Building Frontage within Setback Area (min.) (% of linear street frontage)30(C)60(C)40(C)Number 5
    Applicable only to public or interior streets with existing or planned sidewalks, pedestrian walkways, or trails. 
    Corner Build Area (ft.)30(C)30(C)30(C)Number 6
    Applicable only to commercial and mixed-use buildings. 
    Non-Residential Façade Standards
    Required Transparency (% of building wall area)40(D)60(D)40(D) 
    Length of Blank Wall (max.) (ft.)30(E)30(E)30(E) 
    Required Stepback (min.) (ft.)NA15NA 
    Applicable only after the fourth story. 
    Parking and Loading Standards
    Parking Setback from Street Facing Lot Line (min.) (ft.)40(F)40(F)40(F)Number 7
    Curb Cuts, Minimum Distance from Intersection Curb Return or Pedestrian Crosswalk (ft.)101010 
    Loading/Service AreasShall be located to the side or rear of a structure or visually hidden within a buildings architecture to minimize appearance.
    Open Space and Landscape Standards
    Mixed-Use Residential Open Space (min.) (sq. ft./dwelling unit)6575100; A min of 50% of units must have at least 50 sq ft of private open space 
    See HMC Section 19.10.10 (Open Space) 
    Single-Use Residential Open Space (min.) (sq. ft./dwelling unit)500500300 
    Nonresidential Open Space (min.)See HMC Section 19.10.10 (Open Space) 
    Landscape Area (min.) (% of site)51010 
    See HMC Chapter 19.11, Landscaping Standards 
    Notes:
    1. 1
      Density requirements apply to residential and/or mixed-use projects. Commercial projects are exempt.
    2. 2
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.3.2-1, DEVELOPMENT STANDARDS – MIXED-USE DISTRICTS
    Development Standards for Mixed Use Districts
    StandardMRMCMNCallout
    Density and Intensity Standards
    Residential Density1 (du/ac.)Min: 16
    Max: NA
    Min: 8
    Max: 36
    Min: 2
    Max: 16
     
    Floor Area Ratio (FAR), Residential and Nonresidential Combined (max.)NA3.01.75 
    Height Standards
    Height (max.) (ft.)250 (A)290 (A)55 (A) 
    Ground Floor Ceiling Height, Non-Residential Uses (min.) (ft., clear)121212 
    Building Placement Standards
    Required SetbacksIn the MN and MC Districts, single use residential development shall meet the setback requirements of the RM Districts
    Front Setback (ft.)Min: 0
    Max: 10
    (B)
    Min: 0
    Max: 20
    (B)
    Min: 0
    Max: 30
    (B)
    Number 1
    Interior Side Setback (min.) (ft.)105, 10 adjacent to an RS or RM district5, 10 adjacent to an RS or RM districtNumber 2
    Corner Side Setback (ft.)Min: 0
    Max: 15
    (B)
    Min: 0
    Max: 15
    (B)
    Min: 0
    Max: 20
    (B)
    Number 3
    Rear Setback (min.) (ft.)105, 10 adjacent to an RS or RM district5, 10 adjacent to an RS or RM districtNumber 4
    Required Building Placement 
    Building Frontage within Setback Area (min.) (% of linear street frontage)30(C)60(C)40(C)Number 5
    Applicable only to public or interior streets with existing or planned sidewalks, pedestrian walkways, or trails. 
    Corner Build Area (ft.)30(C)30(C)30(C)Number 6
    Applicable only to commercial and mixed-use buildings. 
    Non-Residential Façade Standards
    Required Transparency (% of building wall area)40(D)60(D)40(D) 
    Length of Blank Wall (max.) (ft.)30(E)30(E)30(E) 
    Required Stepback (min.) (ft.)NA15NA 
    Applicable only after the fourth story. 
    Parking and Loading Standards
    Parking Setback from Street Facing Lot Line (min.) (ft.)40(F)40(F)40(F)Number 7
    Curb Cuts, Minimum Distance from Intersection Curb Return or Pedestrian Crosswalk (ft.)101010 
    Loading/Service AreasShall be located to the side or rear of a structure or visually hidden within a buildings architecture to minimize appearance.
    Open Space and Landscape Standards
    Mixed-Use Residential Open Space (min.) (sq. ft./dwelling unit)6575100; A min of 50% of units must have at least 50 sq ft of private open space 
    See HMC Section 19.10.10 (Open Space) 
    Single-Use Residential Open Space (min.) (sq. ft./dwelling unit)500500300 
    Nonresidential Open Space (min.)See HMC Section 19.10.10 (Open Space) 
    Landscape Area (min.) (% of site)51010 
    See HMC Chapter 19.11, Landscaping Standards 
    Notes:
    1. 1
      Density requirements apply to residential and/or mixed-use projects. Commercial projects are exempt.
    2. 2
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.3.2-1, DEVELOPMENT STANDARDS – MIXED-USE DISTRICTS
    Development Standards for Mixed Use Districts
    StandardMRMCMNCallout
    Density and Intensity Standards
    Residential Density1 (du/ac.)Min: 16
    Max: NA
    Min: 8
    Max: 36
    Min: 2
    Max: 16
     
    Floor Area Ratio (FAR), Residential and Nonresidential Combined (max.)NA3.01.75 
    Height Standards
    Height (max.) (ft.)250 (A)290 (A)55 (A) 
    Ground Floor Ceiling Height, Non-Residential Uses (min.) (ft., clear)121212 
    Building Placement Standards
    Required SetbacksIn the MN and MC Districts, single use residential development shall meet the setback requirements of the RM Districts
    Front Setback (ft.)Min: 0
    Max: 10
    (B)
    Min: 0
    Max: 20
    (B)
    Min: 0
    Max: 30
    (B)
    Number 1
    Interior Side Setback (min.) (ft.)105, 10 adjacent to an RS or RM district5, 10 adjacent to an RS or RM districtNumber 2
    Corner Side Setback (ft.)Min: 0
    Max: 15
    (B)
    Min: 0
    Max: 15
    (B)
    Min: 0
    Max: 20
    (B)
    Number 3
    Rear Setback (min.) (ft.)105, 10 adjacent to an RS or RM district5, 10 adjacent to an RS or RM districtNumber 4
    Required Building Placement 
    Building Frontage within Setback Area (min.) (% of linear street frontage)30(C)60(C)40(C)Number 5
    Applicable only to public or interior streets with existing or planned sidewalks, pedestrian walkways, or trails. 
    Corner Build Area (ft.)30(C)30(C)30(C)Number 6
    Applicable only to commercial and mixed-use buildings. 
    Non-Residential Façade Standards
    Required Transparency (% of building wall area)40(D)60(D)40(D) 
    Length of Blank Wall (max.) (ft.)30(E)30(E)30(E) 
    Required Stepback (min.) (ft.)NA15NA 
    Applicable only after the fourth story. 
    Parking and Loading Standards
    Parking Setback from Street Facing Lot Line (min.) (ft.)40(F)40(F)40(F)Number 7
    Curb Cuts, Minimum Distance from Intersection Curb Return or Pedestrian Crosswalk (ft.)101010 
    Loading/Service AreasShall be located to the side or rear of a structure or visually hidden within a buildings architecture to minimize appearance.
    Open Space and Landscape Standards
    Mixed-Use Residential Open Space (min.) (sq. ft./dwelling unit)6575100; A min of 50% of units must have at least 50 sq ft of private open space 
    See HMC Section 19.10.10 (Open Space) 
    Single-Use Residential Open Space (min.) (sq. ft./dwelling unit)500500300 
    Nonresidential Open Space (min.)See HMC Section 19.10.10 (Open Space) 
    Landscape Area (min.) (% of site)51010 
    See HMC Chapter 19.11, Landscaping Standards 
    Notes:
    1. 1
      Density requirements apply to residential and/or mixed-use projects. Commercial projects are exempt.
    2. 2
      Letters in parentheses refer to additional development standards that directly follow the table.
    1. A.
      Height.
      1. 1.
        Structures shall not interrupt a line of a 1:1 slope extending upward from existing grade at a RS or RM district boundary. See Figure 19.3.2-A, Residential Adjacency.
    FIGURE 19.3.2-A, RESIDENTIAL ADJACENCY
    Height standards for a residential adjacency
    1.  
      1. 2.
        Subject to compliance with 19.10.4 of this Code, the Director may allow a height increase of 15 feet maximum above the base zoning district maximum height for Affordable Housing developments. In order to utilize this increase, the buildings with the additional height must be at least 150 feet from the property line of a developed parcel in an RS district.
    1. B.
      Encroachments and Street Frontage Improvements.
      1. 3.
        Encroachments into the Right-of-Way. All non-standard items located within a public right-of-way, are subject to a Revocable Permit and Covenant from the Public Works Director.
      2. 4.
        Street Frontage Improvements. New development shall provide street frontage improvements in accordance with applicable plans and specifications and the minimum standards listed below.
        1. a.
          All Street Frontages. In order to create an environment that is supportive of transit and pedestrian mobility, public sidewalks shall be provided along both sides of all streets.
          1. i.
            Minimum Sidewalk Width. Sidewalks shall be a minimum of 16 feet in width and a maximum 18 feet in width. The minimum requirement shall apply regardless of the available right-of-way. Where required, the sidewalk shall extend onto private property to fulfill the minimum requirement and a sidewalk easement shall be provided.
            1. (a)
              Transition Width. If a development’s sidewalk connects to a narrower adjacent sidewalk, the Director may approve tapering the development’s sidewalk width or alternatively transitioning the area with plazas, gathering areas, passive recreational opportunities, or other means.
            2. (b)
              Exceptions. Development on lots that include a public access easement with a trail or other constraints may be exempt from the minimum sidewalk width requirement if approved as part of the design review process.
          2. ii.
            Required Areas. Sidewalks shall be organized into two distinct areas: a street tree/furniture area located adjacent to the curb where applicable, and a clear area. See Figure 19.3.2-B, Sidewalk Areas.
            1. (a)
              Street Tree/Furniture Area. The street tree/furniture area shall have a minimum width of eight feet (from face-of-curb) and shall be continuous and located adjacent to the curb.
              1. (1)
                The area shall be planted with street trees at an average spacing of 20 to 30 feet on center, based on the mature canopy width of the tree species selected.
              2. (2)
                The area also is intended for the placement of street furniture including seating, streetlights, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks, public art, public utility equipment such as electric transformers and water meters, shade structures, and similar elements in a manner that does not obstruct pedestrian access or motorist visibility.
            2. (b)
              Clear Area. The clear sidewalk area shall be unobstructed, a minimum width of eight feet, shall be constructed of concrete or an alternative hardscape material as approved by the Director, and shall be located adjacent to the street tree/furniture area. The clear area shall be unobstructed by any permanent or nonpermanent element (e.g., light poles, shade structures) for a minimum width of six feet and a minimum height of eight feet.
            3. (c)
              Additional Sidewalk Area. Additional sidewalk width located between the clear area and the building may be used for outdoor dining, seating, or display areas.
    FIGURE 19.3.2-B, SIDEWALK AREAS
    Sidewalk standards in a Mixed-Use Zone
    1.  
      1.  
        1.  
          1. iii.
            Alternative Configurations. Where the above configurations are not feasible, alternative streetscape configurations and widths may be allowed by a compensating benefit or by the Director.
        2. b.
          Improvements Along the Boulder Highway Corridor. Developments with frontage abutting Boulder Highway shall meet the code typical cross-sections and determine the relationship between sidewalks and the Boulder Highway Corridor linear park. Specific standards shall be determined by the Director as part of the development review process. Improvements within the right-of-way adjacent to the proposed development shall be shown on the site plan.
      2. 5.
        Development within Public Access Easements. Trees, landscaping, outdoor dining, trails, and other similar features and uses may be located within a public access easement.
    2. C.
      Required Building Location.
      1. 1.
        Build-to Line. Buildings shall be located within the setback range for at least the percentage of the linear street frontage identified in Table 19.3.2-1, Development Standards-Mixed-Use Districts.
      2. 2.
        Corner Build Area. Buildings shall be located within the setback range within 30 feet of the street corner.
      3. 3.
        Alternatives. Alternatives to the building location requirements may be approved if the Director finds that:
        1. a.
          Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the open space, courtyard, plaza, or dining area; or
        2. b.
          The nature of the site, development, or proximity to an easement make it impractical.
    3. D.
      Building Transparency/Required Openings for Non-Residential Uses. Exterior walls facing and within 20 feet of a street, park, plaza, pedestrian walkway, or other public outdoor space shall include windows, doors, or other openings for at least the identified percent of the building wall area located between two and one-half and eight feet above ground level.
      1. 1.
        Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing with a minimum Visible Light Transmittance of 0.65 and a maximum Visible Light Reflectance of 0.2 and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
      2. 2.
        Exceptions for Parking Structures. Parking structures shall be lined with retail, office, or residential uses along at least 60 percent of the ground-floor street frontage. The building transparency requirement shall only apply to the portion of the parking structure lined with retail or office uses.
      3. 3.
        Alternatives. Alternatives to the building transparency requirement may be approved if the Director finds that the street-facing building walls exhibit substantial architectural relief and detail, and are enhanced with landscaping or public art.
    4. E.
      Limitations on Blank Walls. No wall may run in a continuous horizontal plane for more than 30 feet without windows or doors.
    5. F.
      Parking Placement. Buildings shall be placed as close to the street and/or pedestrian walkways as possible, with parking behind a building or on the interior side or rear of the site. Parking may be located within the required setback, subject to the following requirements.
      1. 1.
        Garages Serving a Dwelling Unit. Garages serving a dwelling unit shall be set back from street facing lot lines a minimum of 20 feet for front loaded garages and a minimum of 10 feet for side loaded garages.
      2. 2.
        Public Access Easements. Surface parking may be located within 40 feet of a front or street facing lot line if an easement exists and the Director determines that proposed structures are located as close to the street facing lot line as possible.

    (Ord. # 3954, 04/18/2023; Ord. # 4007, 02/06/2024; Ord. # 4118, 11/04/2025) 

    Effective on: 11/7/2025

    19.4.1 Purpose and Applicability

    The purposes of the Commercial Zoning Districts are to:

    1. A.
      Designate adequate land for a full range of residential- and business-serving commercial uses and services to implement the Comprehensive Plan, be responsive to economic changes and trends, and expand and strengthen the City's economic resources;
    2. B.
      Create an adequate balance between residential and commercial uses allowing space for economic growth and job opportunities.
    3. C.
      Establish development and design standards that improve the visual quality and give commercial development a sense of place;
    4. D.
      Ensure appropriate buffers and transitions to adjacent neighborhoods, particularly residential neighborhoods, with pedestrian and bicycle connections to transit; and
    5. E.
      Ensure that new development is designed appropriately to the physical characteristics of the area, encouraging resource efficient buildings that incorporate sustainable materials, minimize runoff, incorporate xeriscaping and conserve energy and water.

    Additional purposes of each Commercial Zoning District:

    Neighborhood Commercial (CN). The CN district is established to provide sites for local serving commercial areas while establishing development standards that prevent significant adverse effects on adjacent residential areas.

    Office Commercial (CO). The CO district is established to provide areas primarily for office development that will be compatible with nearby residential uses and that will protect these office developments from potential disruption by incompatible commercial and industrial uses. Other uses that are supportive of the businesses and employees of the district are allowed.

    Community Commercial (CC). The CC district is established to provide sites for community and regional retail shopping centers containing a wide variety of commercial establishments including retail stores, restaurants, commercial recreation, and other services.

    Highway Commercial (CH). The CH district is established to provide sites for auto-oriented commercial uses including hotels, motels, service stations, car washes, automobile sales and services, drive-through and drive-in restaurants, offices, limited warehousing, and commercial services.

    Future applications for CH zoning are prohibited. As of November 26, 2024, applications for zone change amendments to CH (Highway Commercial) district shall not be accepted.

    Tourist Commercial (CT). The CT district is established to provide sites for visitor-oriented uses including casinos, hotels, motels, resort complexes, commercial recreation facilities, restaurants, travel trailer and RV facilities, and limited residential development in a mixed-use project.

    Auto-mall Commercial (CA). The CA district is established to provide sites for new automobile dealerships and related uses.

    (Ord. # 4050, 12/17/2024)

    Effective on: 12/20/2024

    19.4.2 Development Standards

    Table 19.4.2-1, Development Standards – Commercial Districts, establishes the dimensional and development standards for Commercial Districts. Letters in parentheses refer to additional development standards that directly follow the table.

    TABLE 19.4.2-1, DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS
    Development Standards for Commercial Districts
    StandardCNCOCCCHCTCACallout
    Lot Standards
    District Size (min./max.) (ac.)2/52/NA10/NA5/NA5/NA50/NA 
    Lot Area (min.) (sq. ft.)10,00020,00010,0007,50020,000200,000 
    Lot Width (min.) (ft.)801007570100200 
    Lot Coverage (max.) (% of lot)5060NA505040 
    Height Standards
    Height (max.) (ft.)35(A)150(A)50(A)40(A)40(A)40(A) 
    Ground Floor Ceiling Height (min.)121212NA12NA 
    Building Placement Standards
    Required Min. Setbacks 
    Front (ft.)101515202035Number 1
    Interior Side (ft.)101010101010Number 2
    Corner Side (ft.)101515202035Number 3
    Rear (ft.)101010101010Number 4
    Required Building Area 
    Corner Build Area (ft.)30(B)30(B)30(B)NA30(B)NANumber 5
    Parking and Open Space Standards
    Parking Setback from existing ROW (min.) (ft.)40(C)40(C)40(C)NA40(C)NANumber 6
    Open Space/Landscape Area (min.) (% of entire site)151515151515 
    The required open space/landscape area may be provided as common open space (e.g., plaza). See HMC Section 19.10.10 (Open Space). 
     
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.4.2-1, DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS
    Development Standards for Commercial Districts
    StandardCNCOCCCHCTCACallout
    Lot Standards
    District Size (min./max.) (ac.)2/52/NA10/NA5/NA5/NA50/NA 
    Lot Area (min.) (sq. ft.)10,00020,00010,0007,50020,000200,000 
    Lot Width (min.) (ft.)801007570100200 
    Lot Coverage (max.) (% of lot)5060NA505040 
    Height Standards
    Height (max.) (ft.)35(A)150(A)50(A)40(A)40(A)40(A) 
    Ground Floor Ceiling Height (min.)121212NA12NA 
    Building Placement Standards
    Required Min. Setbacks 
    Front (ft.)101515202035Number 1
    Interior Side (ft.)101010101010Number 2
    Corner Side (ft.)101515202035Number 3
    Rear (ft.)101010101010Number 4
    Required Building Area 
    Corner Build Area (ft.)30(B)30(B)30(B)NA30(B)NANumber 5
    Parking and Open Space Standards
    Parking Setback from existing ROW (min.) (ft.)40(C)40(C)40(C)NA40(C)NANumber 6
    Open Space/Landscape Area (min.) (% of entire site)151515151515 
    The required open space/landscape area may be provided as common open space (e.g., plaza). See HMC Section 19.10.10 (Open Space). 
     
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.4.2-1, DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS
    Development Standards for Commercial Districts
    StandardCNCOCCCHCTCACallout
    Lot Standards
    District Size (min./max.) (ac.)2/52/NA10/NA5/NA5/NA50/NA 
    Lot Area (min.) (sq. ft.)10,00020,00010,0007,50020,000200,000 
    Lot Width (min.) (ft.)801007570100200 
    Lot Coverage (max.) (% of lot)5060NA505040 
    Height Standards
    Height (max.) (ft.)35(A)150(A)50(A)40(A)40(A)40(A) 
    Ground Floor Ceiling Height (min.)121212NA12NA 
    Building Placement Standards
    Required Min. Setbacks 
    Front (ft.)101515202035Number 1
    Interior Side (ft.)101010101010Number 2
    Corner Side (ft.)101515202035Number 3
    Rear (ft.)101010101010Number 4
    Required Building Area 
    Corner Build Area (ft.)30(B)30(B)30(B)NA30(B)NANumber 5
    Parking and Open Space Standards
    Parking Setback from existing ROW (min.) (ft.)40(C)40(C)40(C)NA40(C)NANumber 6
    Open Space/Landscape Area (min.) (% of entire site)151515151515 
    The required open space/landscape area may be provided as common open space (e.g., plaza). See HMC Section 19.10.10 (Open Space). 
     
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.4.2-1, DEVELOPMENT STANDARDS – COMMERCIAL DISTRICTS
    Development Standards for Commercial Districts
    StandardCNCOCCCHCTCACallout
    Lot Standards
    District Size (min./max.) (ac.)2/52/NA10/NA5/NA5/NA50/NA 
    Lot Area (min.) (sq. ft.)10,00020,00010,0007,50020,000200,000 
    Lot Width (min.) (ft.)801007570100200 
    Lot Coverage (max.) (% of lot)5060NA505040 
    Height Standards
    Height (max.) (ft.)35(A)150(A)50(A)40(A)40(A)40(A) 
    Ground Floor Ceiling Height (min.)121212NA12NA 
    Building Placement Standards
    Required Min. Setbacks 
    Front (ft.)101515202035Number 1
    Interior Side (ft.)101010101010Number 2
    Corner Side (ft.)101515202035Number 3
    Rear (ft.)101010101010Number 4
    Required Building Area 
    Corner Build Area (ft.)30(B)30(B)30(B)NA30(B)NANumber 5
    Parking and Open Space Standards
    Parking Setback from existing ROW (min.) (ft.)40(C)40(C)40(C)NA40(C)NANumber 6
    Open Space/Landscape Area (min.) (% of entire site)151515151515 
    The required open space/landscape area may be provided as common open space (e.g., plaza). See HMC Section 19.10.10 (Open Space). 
     
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    1. A.
      Height.
      1. 1.
        Structures shall not interrupt a line of a 1:1 slope extending upward from existing grade at a RS or RM district boundary. See Figure 19.3.2-A, Residential Adjacency.
      2. 2.
        Hotels in the CT and CH districts may be up to 100 feet in height by right and may exceed 100 feet in height if approved through a Conditional Use Permit, provided minimum setbacks abutting residential zoning districts or lots occupied by residential uses are increased by at least one foot for each one foot increase in height above 100 feet.
      3. 3.
        Multifamily dwellings in the CT district may be up to 60 feet in height unless otherwise approved with a waiver of standards or administrative adjustment (up to 10 percent increase). Subject to compliance with 19.10.4 of this Code, the Director may allow an increase of 15 feet maximum above the base zoning district maximum height for developments that include Affordable Housing units. In order to utilize this increase, the buildings with the additional height must be at least 150 feet from the property line of a developed parcel in an RS district.
    2. B.
      Required Building Location.
      1. 1.
        Corner Build Area. Within 30 feet of the street corner, buildings shall be located within the setback.
      2. 2.
        Alternatives. Alternatives to the building location requirements may be approved if the Director finds that:
        1. a.
          Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the open space, courtyard, plaza, or dining area; or
        2. b.
          The nature of the site, development, or proximity to a public access easement make it impractical. 
    3. C.
      Parking. Parking may be located within the required setback, subject to the following requirements.
      1. 1.
        Garages Serving a Dwelling Unit. Garages serving a dwelling unit shall be set back from street facing lot lines a minimum of 20 feet for front loaded garages and a minimum of 10 feet for side loaded garages.
      2. 2.
        Surface Parking.
        1. a.
          Above ground surface parking may be located within 40 feet of an existing right-of-way when the Director makes the following findings.
          1. i.
            Buildings are built close to the public sidewalk to the maximum extent feasible; and
          2. ii.
            There is an existing utility easement that prohibits structures and the best use of the land under the circumstances would be surface parking.
        2. b.
          Above ground surface parking may be located within the side or rear setbacks only if a minimum five-foot setback is maintained.

    For Non-Residential Design Standards see 19.10.2.G.

    (Ord. # 3954, 04/18/2023; Ord. # 4050, 12/17/2024)

    Effective on: 12/20/2024

    19.4.3 Supplemental Regulations

  • A.
    CA District.
    1. 1.
      Intent. These standards are intended to guide dealerships and other auto-oriented uses in establishing an integrity of design for the auto-mall and consistency of quality for the entire development.
    2. 2.
      Dealerships.
      1. a.
        Each contiguous CA zoned area must include at least five auto dealerships prior to any other use being permitted.
    3. 3.
      Auto Display.
      1. a.
        Display racks shall maintain a height of two feet or less. Display racks shall not tilt cars in any way to show the underside, unless they are used inside a showroom or setback 60 feet from the property line.
      2. b.
        Display areas shall use an enhanced paving material such as exposed aggregate, brick, stamped concrete, or a similar surface material approved by the Director. Asphalt is not allowed.
      3. c.
        Display areas are not allowed on top of any building.
    4. 4.
      Walls and Fences.
      1. a.
        All mechanical equipment, service, storage, and trash areas shall be screened from view from any street by a wall. Landscape screening alone is not sufficient.
      2. b.
        Decorative perimeter wall height shall be a minimum of six feet and a maximum of 10 feet.
    5. 5.
      Vehicle Storage. No materials, supplies, or equipment, including firm-owned or firm-operated trucks, shall be stored in any area on a site except inside an enclosed building or behind a visual barrier or service area that screens the equipment from view of all public streets. The exception is any vehicle that is part of the dealer’s customer display. Visual barriers and screening shall be consistent with HMC Section 19.10.7, Screening Requirements.
    6. 6.
      Noise Attenuation. All body-shop repair and compressor work shall only be performed in an enclosed area. Enclosed buildings are those buildings with activities totally contained within walls of the building and that have only adequate doors for ingress and egress incorporated.

      Air compressor exhaust stacks shall contain a muffling device. Noise attenuation shall meet all standards and ordinances of the City of Henderson.

    7. 7.
      Flagpoles. A flagpole that is 1.5 times the height of the principal building is allowed. A flagpole flying a flag must be located at a main vehicular or pedestrian access to a building or site.
  • Effective on: 1/1/1901

    19.5.1 Purpose and Applicability

    The purposes of the Industrial Zoning Districts are to:

    1. A.
      Designate adequate land for industrial growth, businesses, and professional offices consistent with the Comprehensive Plan to expand and strengthen the City's economic resources;
    2. B.
      Fulfill the City’s economic development strategies that influence place for development and infrastructure priorities, redevelopment and revitalization efforts; industry for business and development priorities; and people for workforce development;
    3. C.
      Provide a range of employment opportunities to meet the needs of current and future residents, attracting and retaining talented workforce;
    4. D.
      Provide areas for a wide range of manufacturing and logistics, industrial processing, and service commercial uses and protect areas where such uses now exist;
    5. E.
      Promote development of employment centers linked to a variety of amenities and transportations options;
    6. F.
      Establish development and design standards that improve the visual quality of industrial development to ensure appropriate buffers and transitions to adjacent zoning districts, providing pedestrian and bicycle connections to transit; and
    7. G.
      Ensure that new development is designed appropriately to the physical characteristics of the area, encouraging resource efficient buildings that incorporate sustainable materials, minimize runoff, incorporate xeriscaping and conserve energy and water.

    Additional purposes of each Industrial Zoning District:

    Limited Industrial (IL). The IL district is established to provide areas for a diverse range of light industrial and workplace uses, including office, research and development, biotechnology, warehousing, service commercial, indoor farming, and other related uses.

    General Industrial (IG). The IG district is established to provide areas for the operation of general industry, manufacturing, extraction, salvage, and related activities, subject to performance standards and buffering requirements to minimize potential environmental impacts.

    Industrial Park (IP). The IP district is established to provide areas for research and development facilities, professional offices, and other large-scale professional uses in large or campus-like business park settings.

    Effective on: 1/1/1901

    19.5.2 Development Standards

    Table 19.5.2-1, Development Standards – Industrial Districts, establishes the dimensional and development standards for Industrial Districts. Letters in parentheses refer to additional development standards that directly follow the table.

    TABLE 19.5.2-1, DEVELOPMENT STANDARDS – INDUSTRIAL DISTRICTS
    Development Standards for Industrial Districts
    StandardILIGIPCallout
    Lot Standards
    District Size (min./max.) (ac.)NANANA 
    Lot Area (min.) (ac.)122 
    Lot Width (min.) (ft.)70150NA 
    Lot Coverage (max.) (% of lot)505060 
    Height Standards
    Height (max.) (ft.)40(A)1NA(A)50(A) 
    Required Min. Setbacks
    Front (ft.)252525Number 1
    Interior Side (ft.)200; 20 when abutting a non-industrial district20Number 2
    Corner Side (ft.)101020Number 3
    Rear (ft.)200; 20 when abutting a street or non-industrial district20Number 4
    Parking and Open Space Standards
    Parking Setback from existing ROW (min.) (ft.)20(B)NANANumber 5
    Open Space/Landscape Area (min.) (% of entire site)101010 
    The required open space/landscape area may be provided as common open space (e.g., plaza). See HMC Section 19.10.10 (Open Space). 
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.5.2-1, DEVELOPMENT STANDARDS – INDUSTRIAL DISTRICTS
    Development Standards for Industrial Districts
    StandardILIGIPCallout
    Lot Standards
    District Size (min./max.) (ac.)NANANA 
    Lot Area (min.) (ac.)122 
    Lot Width (min.) (ft.)70150NA 
    Lot Coverage (max.) (% of lot)505060 
    Height Standards
    Height (max.) (ft.)40(A)1NA(A)50(A) 
    Required Min. Setbacks
    Front (ft.)252525Number 1
    Interior Side (ft.)200; 20 when abutting a non-industrial district20Number 2
    Corner Side (ft.)101020Number 3
    Rear (ft.)200; 20 when abutting a street or non-industrial district20Number 4
    Parking and Open Space Standards
    Parking Setback from existing ROW (min.) (ft.)20(B)NANANumber 5
    Open Space/Landscape Area (min.) (% of entire site)101010 
    The required open space/landscape area may be provided as common open space (e.g., plaza). See HMC Section 19.10.10 (Open Space). 
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.5.2-1, DEVELOPMENT STANDARDS – INDUSTRIAL DISTRICTS
    Development Standards for Industrial Districts
    StandardILIGIPCallout
    Lot Standards
    District Size (min./max.) (ac.)NANANA 
    Lot Area (min.) (ac.)122 
    Lot Width (min.) (ft.)70150NA 
    Lot Coverage (max.) (% of lot)505060 
    Height Standards
    Height (max.) (ft.)40(A)1NA(A)50(A) 
    Required Min. Setbacks
    Front (ft.)252525Number 1
    Interior Side (ft.)200; 20 when abutting a non-industrial district20Number 2
    Corner Side (ft.)101020Number 3
    Rear (ft.)200; 20 when abutting a street or non-industrial district20Number 4
    Parking and Open Space Standards
    Parking Setback from existing ROW (min.) (ft.)20(B)NANANumber 5
    Open Space/Landscape Area (min.) (% of entire site)101010 
    The required open space/landscape area may be provided as common open space (e.g., plaza). See HMC Section 19.10.10 (Open Space). 
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    TABLE 19.5.2-1, DEVELOPMENT STANDARDS – INDUSTRIAL DISTRICTS
    Development Standards for Industrial Districts
    StandardILIGIPCallout
    Lot Standards
    District Size (min./max.) (ac.)NANANA 
    Lot Area (min.) (ac.)122 
    Lot Width (min.) (ft.)70150NA 
    Lot Coverage (max.) (% of lot)505060 
    Height Standards
    Height (max.) (ft.)40(A)1NA(A)50(A) 
    Required Min. Setbacks
    Front (ft.)252525Number 1
    Interior Side (ft.)200; 20 when abutting a non-industrial district20Number 2
    Corner Side (ft.)101020Number 3
    Rear (ft.)200; 20 when abutting a street or non-industrial district20Number 4
    Parking and Open Space Standards
    Parking Setback from existing ROW (min.) (ft.)20(B)NANANumber 5
    Open Space/Landscape Area (min.) (% of entire site)101010 
    The required open space/landscape area may be provided as common open space (e.g., plaza). See HMC Section 19.10.10 (Open Space). 
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    1. A.
      Height. Structures shall not interrupt a line of a 1:1 slope extending upward from existing grade at a RS or RM district boundary. See Figure 19.3.2-A, Residential Adjacency.
    2. B.
      Parking Placement. No more than 50% of the lot's street frontage shall be occupied by parking. Parking may be located within the required setback, subject to the following requirements.
      1. 1.
        Surface parking may be located within 40 feet of an existing right-of-way when the Director makes the following findings:
        1. a.
          Buildings are built close to the public sidewalk to the maximum extent feasible; and
        2. b.
          The site is small and constrained such that underground parking or surface parking located more than 40 feet from the street frontage is not feasible.
      2. 2.
        Surface parking may be located within the side or rear setbacks only if the minimum required landscape buffer is maintained.

    Effective on: 1/1/1901

    19.6.1 Purpose and Applicability

    The purposes of the Public and Special Purpose Zoning Districts are to:

    1. A.
      Designate adequate lands for needed public facilities, services, and amenities consistent with the Comprehensive Plan to strive for equitable distribution and diverse mix uses;
    2. B.
      Support and expand on existing investment to revitalize Downtown Henderson;
    3. C.
      Identify gaps and prioritize development based on public facilities and services needs to serve residents, businesses, and visitors.

    Additional purposes of each Public and Special Purpose Zoning Districts:

    Development Holding (DH). The DH district is established to provide a suitable classification for limited-service areas (as designated in the Comprehensive Plan), avoid premature development that cannot be provided with utility service, and permit only low-density development until utility and community services can be provided and/or the property is rezoned.

    Downtown Public (DP). The DP district is established to provide an attractive, functional arts and entertainment hub, government services, recreational opportunities, and medical services for downtown Henderson.

    Public and Semipublic (PS). The PS district is established to provide areas for various types of public and semipublic facilities needed to serve residents, businesses, and visitors and ensure that the development and operation of public and semipublic uses protects and enhances the character and quality of life of surrounding residential areas and that their uses are compatible with adjoining uses.

    Effective on: 1/1/1901

    19.6.2 Development Standards

    Table 19.6.2-1, Development Standards – Public and Special Purpose Districts, establishes the dimensional and development standards for Public and Special Purpose Districts. Letters in parentheses refer to additional development standards that directly follow the table. Development standards in the PS district shall be determined by a conditional use permit, provided that if the conditional use permit fails to regulate an element regulated by an abutting base district, or no conditional use approval is required for the use listed in HMC Chapter 19.9, Use Regulations, the most restrictive regulations of the nearest base district apply to each portion of a PS district.

         TABLE 19.6.2-1, DEVELOPMENT STANDARDS – PUBLIC AND SPECIAL PURPOSE DISTRICTS
     StandardDH  DPPS Additional Regulations 
     Lot Standards    
     Lot Area (min.) (sq. ft.) Res Use: 40,000
    Non Res Use: 200,000
     20,000 NA –
     Lot Width (min.) (ft.) 100 NA NA –
     Lot Coverage (max.) (% of lot) NA 80 NA –
     Height Standards    
     Height (ft.) Max: 35 Min: 25
    Max: 55
     NA –
    Building Placement Standards
    Required Setbacks    
    Front (ft.)Min: 25Min: 15
    Max: 25
    NA
    Interior Side (min.) (ft.)100NA
    Corner Side (ft.)Min: 15Min: 15
    Max: 25
    NA
    Rear (min.) (ft.)350 In DP, Min: 4 from alley
    Required Building Area    
    Building Frontage within Setback Area (min.) (% of linear street frontage)NA25(A)1NA
    Parking and Loading Standards
    Parking Setback from existing ROW (min.) (ft.)NA40(B)NA
    Loading/Service AreasShall be located to the side or rear of a structure or integrated within a building’s architecture
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
         TABLE 19.6.2-1, DEVELOPMENT STANDARDS – PUBLIC AND SPECIAL PURPOSE DISTRICTS
     StandardDH  DPPS Additional Regulations 
     Lot Standards    
     Lot Area (min.) (sq. ft.) Res Use: 40,000
    Non Res Use: 200,000
     20,000 NA –
     Lot Width (min.) (ft.) 100 NA NA –
     Lot Coverage (max.) (% of lot) NA 80 NA –
     Height Standards    
     Height (ft.) Max: 35 Min: 25
    Max: 55
     NA –
    Building Placement Standards
    Required Setbacks    
    Front (ft.)Min: 25Min: 15
    Max: 25
    NA
    Interior Side (min.) (ft.)100NA
    Corner Side (ft.)Min: 15Min: 15
    Max: 25
    NA
    Rear (min.) (ft.)350 In DP, Min: 4 from alley
    Required Building Area    
    Building Frontage within Setback Area (min.) (% of linear street frontage)NA25(A)1NA
    Parking and Loading Standards
    Parking Setback from existing ROW (min.) (ft.)NA40(B)NA
    Loading/Service AreasShall be located to the side or rear of a structure or integrated within a building’s architecture
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
         TABLE 19.6.2-1, DEVELOPMENT STANDARDS – PUBLIC AND SPECIAL PURPOSE DISTRICTS
     StandardDH  DPPS Additional Regulations 
     Lot Standards    
     Lot Area (min.) (sq. ft.) Res Use: 40,000
    Non Res Use: 200,000
     20,000 NA –
     Lot Width (min.) (ft.) 100 NA NA –
     Lot Coverage (max.) (% of lot) NA 80 NA –
     Height Standards    
     Height (ft.) Max: 35 Min: 25
    Max: 55
     NA –
    Building Placement Standards
    Required Setbacks    
    Front (ft.)Min: 25Min: 15
    Max: 25
    NA
    Interior Side (min.) (ft.)100NA
    Corner Side (ft.)Min: 15Min: 15
    Max: 25
    NA
    Rear (min.) (ft.)350 In DP, Min: 4 from alley
    Required Building Area    
    Building Frontage within Setback Area (min.) (% of linear street frontage)NA25(A)1NA
    Parking and Loading Standards
    Parking Setback from existing ROW (min.) (ft.)NA40(B)NA
    Loading/Service AreasShall be located to the side or rear of a structure or integrated within a building’s architecture
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
         TABLE 19.6.2-1, DEVELOPMENT STANDARDS – PUBLIC AND SPECIAL PURPOSE DISTRICTS
     StandardDH  DPPS Additional Regulations 
     Lot Standards    
     Lot Area (min.) (sq. ft.) Res Use: 40,000
    Non Res Use: 200,000
     20,000 NA –
     Lot Width (min.) (ft.) 100 NA NA –
     Lot Coverage (max.) (% of lot) NA 80 NA –
     Height Standards    
     Height (ft.) Max: 35 Min: 25
    Max: 55
     NA –
    Building Placement Standards
    Required Setbacks    
    Front (ft.)Min: 25Min: 15
    Max: 25
    NA
    Interior Side (min.) (ft.)100NA
    Corner Side (ft.)Min: 15Min: 15
    Max: 25
    NA
    Rear (min.) (ft.)350 In DP, Min: 4 from alley
    Required Building Area    
    Building Frontage within Setback Area (min.) (% of linear street frontage)NA25(A)1NA
    Parking and Loading Standards
    Parking Setback from existing ROW (min.) (ft.)NA40(B)NA
    Loading/Service AreasShall be located to the side or rear of a structure or integrated within a building’s architecture
    Notes:
    1. 1
      Letters in parentheses refer to additional development standards that directly follow the table.
    1. A.
      Required Building Location.
      1. 1.
        Build-to Line. Buildings shall be located within the setback range for at least the percentage of the linear street frontage identified in Table 19.6.2-1, Development Standards-Public and Special Purpose Districts.
      2. 2.
        Alternatives. Alternatives to the building location requirements may be approved if the Director finds that:
        1. a.
          Entry courtyards, plazas, entries, or outdoor eating areas are located adjacent to the property line and buildings are built to the edge of the open space, courtyard, plaza, or dining area; or
        2. b.
          The nature of the site or development make it impractical.
    2. B.
      Parking Placement. Parking shall be placed behind a building or on the interior side or rear of the site. Parking may be located within the required setback, subject to the following requirements.
      1. 1.
        Garages Serving a Dwelling Unit. Garages serving a dwelling unit shall be set back from street facing lot lines a minimum of 20 feet for front loaded garages and a minimum of 10 feet for side loaded garages.
      2. 2.
        Surface Parking.
        1. a.
          Surface parking may be located within 40 feet of an existing right-of-way when the Director makes the following findings.
          1. i.
            Buildings are built close to the public sidewalk to the maximum extent feasible; and
          2. ii.
            The site is small and constrained such that underground parking or surface parking located more than 40 feet from the street frontage is not feasible.
        2. b.
          Surface parking may be located within the side or rear setbacks only if a minimum five-foot setback is maintained.
      3. 3.
        Access. Single-unit buildings on lots with alley access shall not include driveway access from the street unless the street driveway already exists.

    Effective on: 1/1/1901

    19.7.1 Purpose and Applicability

    The purpose of the Planned Community (PC) district is to implement any Master Plan (MP) Overlay or development agreement that the Council has determined is the appropriate tool for development of the property. Upon determination of the appropriateness of a development agreement, the PC district may be utilized to ensure Comprehensive Planning of large areas of land and to create efficient and stable developments offering a combination of planned land uses. This district is designed to provide for maximum flexibility in the development of planned communities.

    Effective on: 1/1/1901

    19.7.2 Developer Requirements and Procedures

  • A.
    Requirements. The developer or applicant shall:
    1. 1.
      Ensure adequate provision of public facilities and services;
    2. 2.
      Provide for a creative arrangement of land uses with respect to each other, the entire planned community, and all adjacent land;
    3. 3.
      Provide for a variety of universal housing types, employment opportunities, commercial services and amenities to achieve a balanced community for families of a wide variety of ages, sizes, and levels of income;
    4. 4.
      Provide for a planned and integrated transportation system for all modes, developing walkable and bicycle friendly communities with transit access including provision of roadways with complete street design components of appropriate pedestrian and bicycle amenities, equestrian paths, and other similar transportation facilities;
    5. 5.
      Provide sensitive site planning and high-quality design with enhanced landscaping and various site amenities; and
    6. 6.
      Provide high-quality structures that are consistent with community design standards, materials, layout, and the intention of creating a sense of place.
  • B.
    Development Agreements or MP Overlay District. No land division in an area subject to the PC district standards shall be permitted without an approved development agreement or MP overlay district.
    1. 1.
      If it is determined that a development agreement is necessary to accommodate a project in the PC district prior to, or concurrent with, the processing of an application for project approval, the developer shall enter into a development agreement with the City in accordance with HMC Chapter 19.27, Development Agreements.
    2. 2.
      If the PC zoning designation is accompanied by the MP overlay district, the developer must comply with all requirements of HMC Section 19.8.5, Master Plan Development Overlay District.
    3. 3.
      Except as otherwise provided in an approved development agreement, subsequent development applications shall be initiated and processed in accordance with Chapter 19.29, Land Division Applications, HMC Section 19.21.4, Zone Change/Zoning Map Amendments, or HMC Chapter 19.24, Design Review.
  • Effective on: 1/1/1901

    19.7.3 Allowed Land Uses

    Allowed uses for any development in the PC district shall be in accordance with the approved development agreement or project development standards.

    Effective on: 1/1/1901

    19.7.4 Development Standards

  • A.
    General. Intensity and dimensional standards for any development in the PC district shall be in accordance with the approved master development plan as part of a MP overlay district or in a development agreement.
  • B.
    District Size. The PC district shall only be applied to an area of contiguous property of at least 500 gross acres in size, or as defined in either the approved master plan or the approved development agreement.
  • Effective on: 1/1/1901

    19.7.5 Conflicting Provisions

  • A.
    MP Overlay District. Conflicting provisions shall be addressed as part of the master development plan or in compliance with HMC Section 19.1.6, Conflicting Provisions.
  • Effective on: 1/1/1901

    19.7.6 Amendments

    The development of property within the PC district may proceed only if consistent with the approved master development plan as part of an approved development agreement or MP overlay district.

    1. A.
      Development Agreements. Minor or major modifications to the approved development within the PC district shall be in accordance with the amendment provisions as defined in the approved development agreement and subject to NRS 278.0201 et seq.
      1. 1.
        Upon receipt of an application for a minor modification, the Director shall forward a copy of the application to the Development Agreement Advisory Committee. The Development Agreement Advisory Committee may determine that the application be treated as a major modification, in which case the modification shall proceed as a major modification in accordance with the development agreement. Otherwise, the Director shall process and make an administrative decision regarding the minor modification.
      2. 2.
        In the event that an individual is aggrieved by a decision of the Director as it relates to an administrative decision concerning a minor modification, such an individual may appeal in accordance with HMC Subsection 19.19.6.D, Appeals.
    2. B.
      MP Overlay District. Amendments to the MP overlay district and/or the related master development plan shall be in accordance with HMC Section 19.8.5, Master Plan Development Overlay District.

    Effective on: 1/1/1901

    19.8.1 Purpose and Applicability

  • A.
    Purpose.
    1. 1.
      The Overlay Districts are applied to certain areas of the City with unique characteristics in addition to the standards provided in the base zoning districts. These standards are intended to ensure that proposed uses and projects are compatible with existing and future neighborhoods and uses, and that an environment of desirable character is produced considering the City’s unique characteristics.
    2. 2.
      Development in Overlay Districts shall be consistent with principles in the Comprehensive Plan, including but not limited to providing a mix of uses; unique building characteristics to promote variety; internal and external connectivity through streets, sidewalks, and trails, as well as within subdivisions; integrated natural open spaces and natural features within built places; landscaping that reflects the desert environment; energy and water efficiency in sustainable building design to conserve resources; as well as other applicable principles.
  • B.
    Applicability.
    1. 1.
      The standards in this Chapter apply to all development within an overlay district and must be considered in addition to the standards of the base zoning district.
    2. 2.
      If there is a conflict between the standards of a base zoning district and the standards of an overlay district, the standards in the overlay apply. If there is a conflict between any other standards, or multiple overlay districts, the most restrictive standard applies.
    3. 3.
      Overlays are established in accordance with the procedure described in HMC Section 19.21.4, Zone Change/Zoning Map Amendments.
  • Effective on: 1/1/1901

    19.8.2 Airport Environs Overlay District

  • A.
    Purpose. The specific purpose of the Airport Environs (AE) overlay district is to ensure land use compatibility around McCarran International and Henderson Executive Airports, to provide for the safe operation of aircraft by controlling height limits, and to minimize noise impact to surrounding residents.
  • B.
    Applicability. The AE overlay district shall include all noise and hazard exposure zones of 60 Ldn (day-night average sound level) and greater. The boundaries of the Noise Zones are as designated on the City’s Airport Environs Noise Zones Map.
  • C.
    Zoning Map Designation. The AE overlay district shall be shown on the zoning map by adding a symbol to indicate the overlay district and shall be shown in written form by adding a designator (“AE”) to the base zoning district designation. The creation of and subsequent amendment to any overlay district shall not take effect until the City’s zoning map is amended consistent with HMC Chapter 19.21, Comprehensive Plan and Zoning Amendments.
  • D.
    Use Regulations. Land use regulations shall be the same as those in the base zoning district within which the AE overlay district is applied, subject to the restrictions set forth in Table 19.8.2-1, Land Use Compatibility in the AE Overlay District.
  • TABLE 19.8.2-1, LAND USE COMPATIBILITY IN THE AE OVERLAY DISTRICT
    UsesRisk Zones and Noise Zones in 60 or Greater LDN
    RPA
    AE-RPZ
    APZ-1
    AE-I
    APZ-2
    AE-II
    60-65
    AE-60
    65-70
    AE-65
    70-75
    AE-70
    75-80
    AE-75
    80+
    AE-80
    Residential Uses
    Accessory Use to Residential (≥2 Du/ac)NoNoNo2525(No)<No><No>
    Single-Family (≥2 Du/ac)NoNoNo2525(No)<No><No>
    Accessory Use to Residential (≤2 Du/ac)NoNoYes252530<No><No>
    Single-Family (≤2 Du/ac)NoNoYes252530<No><No>
    Two-FamilyNoNoNo2525(No)<No><No>
    Multifamily StructureNoNoNo2525(No)<No><No>
    Group QuartersNoNoNo2525(No)<No><No>
    Permanent Mobile Home Parks-CourtsNoNoNo2525(No)<No><No>
    Transient Mobile Home Parks-CourtsNoNoNoYesYes(No)<No><No>
    Hotels, Motels & Tourist CourtsNoNoNoYes253035<No>
    Other ResidentialNoNoNo2525(No)<No><No>
    Manufacturing Uses
    Food & Kindred ProductsNoNo(Yes)YesYes(25)(30)(35)
    Textile Mill ProductsNoNoNoYesYes(25)(30)(35)
    Apparel & Finished ProductsNoNoNoYesYes(25)(30)(35)
    Lumber & Wood Products (Except Furn)No(Yes)(Yes)YesYes(25)(30)(35)
    Furniture & FixturesNo(Yes)(Yes)YesYes(25)(30)(35)
    Paper & Allied ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Printing-PublishingNo(Yes)(Yes)YesYes(25)(30)(35)
    Chemicals & Allied ProductsNoNoNoYesYes(25)(30)(35)
    Petroleum Refining & Related IndustriesNoNoNoYesYes(25)(30)(35)
    Rubber & Miscellaneous PlasticNoNoNoYesYes(25)(30)(35)
    Stone, Clay & Glass ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Primary Metal IndustriesNo(Yes)(Yes)YesYes(25)(30)(35)
    Fabricated Metal ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Instruments & Optical GoodsNoNoNoYes2530NoNo
    Miscellaneous ManufacturingNo(Yes)(Yes)YesYes(25)(30)(35)
    Transportation & Utility Uses
    Railroad, Rapid Rail & Street RailwayNo(Yes)YesYesYesYesYesYes
    Motor Vehicle TransportationNo(Yes)YesYesYes(25)(30)(35)
    Aircraft TransportationNo(Yes)YesYesYes(25)(30)(35)
    Highway & Street R-O-W(Yes)(Yes)YesYesYesYesYesYes
    Auto Parking(Yes)(Yes)YesYesYesYesYesYes
    Communications(Yes)(Yes)YesYesYes(25)(30)(35)
    Utilities(Yes)(Yes)YesYesYesYesYesYes
    Other Trans.-Comm. & Utilities(Yes)(Yes)YesYesYesYesYesYes
    Trade Uses
    Wholesale TradeNoYesYesYesYes(25)(30)(35)
    Building Materials & Hardware (Retail)NoYesYesYesYes(25)(30)(35)
    General Merchandise (Retail)NoNoYesYesYes253035
    Food-RetailNoNoYesYesYes253035
    Automotive, Marine & Aircraft Access.NoYesYesYesYes253035
    Apparel & Accessories (Retail)NoNoYesYesYes253035
    Furniture & Home Furnishings (Retail)NoNoYesYesYes253035
    Eating & Drinking PlacesNoNoNoYesYes253035
    Other Retail TradeNoNoYesYesYes253035
    Service Uses
    Finance, Insurance & Real EstateNoNo<Yes>YesYes253035
    Personal ServicesNoNo<Yes>YesYes253035
    Cemeteries<Yes><Yes><Yes>YesYes(25)(30)(35)
    Business ServicesNoNo<Yes>YesYes253035
    Warehousing & Storage ServicesNoYesYesYesYes(25)(30)(35)
    Explosives StorageNoNoNoYesYes(25)(30)(35)
    Repair StorageNo<Yes><Yes><Yes><Yes>(25)(30)(35)
    Medical & Other Health ServicesNoNoNoYes2530NoNo
    Legal ServicesNoNo<Yes>YesYes253035
    Other Professional ServicesNoNo<Yes>YesYes253035
    Contract Construction ServicesNo<Yes><Yes>YesYes(25)(30)(35)
    Government ServicesNoNo<Yes>YesYes253035
    Educational ServicesNoNoNoYes2530NoNo
    Religious ActivitiesNoNoNoYes2530NoNo
    Other Miscellaneous ServicesNoNo<Yes>YesYes253035
    Recreational Uses
    Cultural ActivitiesNoNoNoYes2530NoNo
    Nature ExhibitionsNo(Yes)(Yes)YesYesNoNono
    Outdoor Entertainment AssemblyNoNoNoYesNoNoNoNo
    Indoor Entertainment AssemblyNoNoNoYes2530NoNo
    Outdoor Sports AssemblyNoNoNoYesYesYesNoNo
    Indoor Sports AssemblyNoNoNoYesYes253035
    Miscellaneous Public AssemblyNoNoNo(Yes)(25)(30)NoNo
    Fairgrounds & Amusement ParksNoNoNoYesYesYesNoNo
    Outdoor AmusementsNoNo(Yes)YesYesYesNoNo
    Indoor AmusementsNoNo(Yes)YesYes253035
    Outdoor Sports ActivitiesNo(Yes)(Yes)YesYesYesNoNo
    Indoor Sports ActivitiesNoNo(Yes)(Yes)(Yes)253035
    Outdoor Playground & Athletic AreasNoNo(Yes)YesYesYesNoNo
    Indoor Playground & Athletic AreasNoNo(Yes)(Yes)(Yes)253035
    Golf Courses, Riding Stables & Water Rec.NoYes(Yes)YesYes(25)(30)(35)
    Other RecreationNoYes(Yes)YesYesYesNoNo
    Resorts & Group CampsNoNoNoYesYesYesNoNo
    ParksNoYesYesYes(25)(30)(35)No
    Natural Resource Uses
    Dairy FarmNoYesYesYes(25)(30)(35)No
    Livestock Farms & Ranches (2)NoYesYesYes(25)(30)(35)No
    Other Agriculture (3)YesYesYesYes(25)(30)(35)(35)
    Agricultural-Related Activities (2)NoYesYesYes(25)(30)(35)No
    Forestry Activities & Related ServicesNoYesYesYes(25)(30)(35)(35)
    Fishing Activities & Related Services (3)NoYesYesYesYesYesYesYes
    Mining Activities & Related ServicesNoYesYesYesYesYesYesYes
    Undeveloped Uses
    Undeveloped & Unused LandYesYesYesYesYesYesYesYes
    Water Areas (3)YesYesYesYesYesYesYesYes
    Open SpaceYesYesYesYesYesYesYesYes
    Miscellaneous Uses
    An Undetermined Use(*)(*)(*)(*)(*)(*)(*)(*)
    Unspecified Accessory Use(*)(*)(*)(*)(*)(*)(*)(*)
    TABLE 19.8.2-1, LAND USE COMPATIBILITY IN THE AE OVERLAY DISTRICT
    UsesRisk Zones and Noise Zones in 60 or Greater LDN
    RPA
    AE-RPZ
    APZ-1
    AE-I
    APZ-2
    AE-II
    60-65
    AE-60
    65-70
    AE-65
    70-75
    AE-70
    75-80
    AE-75
    80+
    AE-80
    Residential Uses
    Accessory Use to Residential (≥2 Du/ac)NoNoNo2525(No)<No><No>
    Single-Family (≥2 Du/ac)NoNoNo2525(No)<No><No>
    Accessory Use to Residential (≤2 Du/ac)NoNoYes252530<No><No>
    Single-Family (≤2 Du/ac)NoNoYes252530<No><No>
    Two-FamilyNoNoNo2525(No)<No><No>
    Multifamily StructureNoNoNo2525(No)<No><No>
    Group QuartersNoNoNo2525(No)<No><No>
    Permanent Mobile Home Parks-CourtsNoNoNo2525(No)<No><No>
    Transient Mobile Home Parks-CourtsNoNoNoYesYes(No)<No><No>
    Hotels, Motels & Tourist CourtsNoNoNoYes253035<No>
    Other ResidentialNoNoNo2525(No)<No><No>
    Manufacturing Uses
    Food & Kindred ProductsNoNo(Yes)YesYes(25)(30)(35)
    Textile Mill ProductsNoNoNoYesYes(25)(30)(35)
    Apparel & Finished ProductsNoNoNoYesYes(25)(30)(35)
    Lumber & Wood Products (Except Furn)No(Yes)(Yes)YesYes(25)(30)(35)
    Furniture & FixturesNo(Yes)(Yes)YesYes(25)(30)(35)
    Paper & Allied ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Printing-PublishingNo(Yes)(Yes)YesYes(25)(30)(35)
    Chemicals & Allied ProductsNoNoNoYesYes(25)(30)(35)
    Petroleum Refining & Related IndustriesNoNoNoYesYes(25)(30)(35)
    Rubber & Miscellaneous PlasticNoNoNoYesYes(25)(30)(35)
    Stone, Clay & Glass ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Primary Metal IndustriesNo(Yes)(Yes)YesYes(25)(30)(35)
    Fabricated Metal ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Instruments & Optical GoodsNoNoNoYes2530NoNo
    Miscellaneous ManufacturingNo(Yes)(Yes)YesYes(25)(30)(35)
    Transportation & Utility Uses
    Railroad, Rapid Rail & Street RailwayNo(Yes)YesYesYesYesYesYes
    Motor Vehicle TransportationNo(Yes)YesYesYes(25)(30)(35)
    Aircraft TransportationNo(Yes)YesYesYes(25)(30)(35)
    Highway & Street R-O-W(Yes)(Yes)YesYesYesYesYesYes
    Auto Parking(Yes)(Yes)YesYesYesYesYesYes
    Communications(Yes)(Yes)YesYesYes(25)(30)(35)
    Utilities(Yes)(Yes)YesYesYesYesYesYes
    Other Trans.-Comm. & Utilities(Yes)(Yes)YesYesYesYesYesYes
    Trade Uses
    Wholesale TradeNoYesYesYesYes(25)(30)(35)
    Building Materials & Hardware (Retail)NoYesYesYesYes(25)(30)(35)
    General Merchandise (Retail)NoNoYesYesYes253035
    Food-RetailNoNoYesYesYes253035
    Automotive, Marine & Aircraft Access.NoYesYesYesYes253035
    Apparel & Accessories (Retail)NoNoYesYesYes253035
    Furniture & Home Furnishings (Retail)NoNoYesYesYes253035
    Eating & Drinking PlacesNoNoNoYesYes253035
    Other Retail TradeNoNoYesYesYes253035
    Service Uses
    Finance, Insurance & Real EstateNoNo<Yes>YesYes253035
    Personal ServicesNoNo<Yes>YesYes253035
    Cemeteries<Yes><Yes><Yes>YesYes(25)(30)(35)
    Business ServicesNoNo<Yes>YesYes253035
    Warehousing & Storage ServicesNoYesYesYesYes(25)(30)(35)
    Explosives StorageNoNoNoYesYes(25)(30)(35)
    Repair StorageNo<Yes><Yes><Yes><Yes>(25)(30)(35)
    Medical & Other Health ServicesNoNoNoYes2530NoNo
    Legal ServicesNoNo<Yes>YesYes253035
    Other Professional ServicesNoNo<Yes>YesYes253035
    Contract Construction ServicesNo<Yes><Yes>YesYes(25)(30)(35)
    Government ServicesNoNo<Yes>YesYes253035
    Educational ServicesNoNoNoYes2530NoNo
    Religious ActivitiesNoNoNoYes2530NoNo
    Other Miscellaneous ServicesNoNo<Yes>YesYes253035
    Recreational Uses
    Cultural ActivitiesNoNoNoYes2530NoNo
    Nature ExhibitionsNo(Yes)(Yes)YesYesNoNono
    Outdoor Entertainment AssemblyNoNoNoYesNoNoNoNo
    Indoor Entertainment AssemblyNoNoNoYes2530NoNo
    Outdoor Sports AssemblyNoNoNoYesYesYesNoNo
    Indoor Sports AssemblyNoNoNoYesYes253035
    Miscellaneous Public AssemblyNoNoNo(Yes)(25)(30)NoNo
    Fairgrounds & Amusement ParksNoNoNoYesYesYesNoNo
    Outdoor AmusementsNoNo(Yes)YesYesYesNoNo
    Indoor AmusementsNoNo(Yes)YesYes253035
    Outdoor Sports ActivitiesNo(Yes)(Yes)YesYesYesNoNo
    Indoor Sports ActivitiesNoNo(Yes)(Yes)(Yes)253035
    Outdoor Playground & Athletic AreasNoNo(Yes)YesYesYesNoNo
    Indoor Playground & Athletic AreasNoNo(Yes)(Yes)(Yes)253035
    Golf Courses, Riding Stables & Water Rec.NoYes(Yes)YesYes(25)(30)(35)
    Other RecreationNoYes(Yes)YesYesYesNoNo
    Resorts & Group CampsNoNoNoYesYesYesNoNo
    ParksNoYesYesYes(25)(30)(35)No
    Natural Resource Uses
    Dairy FarmNoYesYesYes(25)(30)(35)No
    Livestock Farms & Ranches (2)NoYesYesYes(25)(30)(35)No
    Other Agriculture (3)YesYesYesYes(25)(30)(35)(35)
    Agricultural-Related Activities (2)NoYesYesYes(25)(30)(35)No
    Forestry Activities & Related ServicesNoYesYesYes(25)(30)(35)(35)
    Fishing Activities & Related Services (3)NoYesYesYesYesYesYesYes
    Mining Activities & Related ServicesNoYesYesYesYesYesYesYes
    Undeveloped Uses
    Undeveloped & Unused LandYesYesYesYesYesYesYesYes
    Water Areas (3)YesYesYesYesYesYesYesYes
    Open SpaceYesYesYesYesYesYesYesYes
    Miscellaneous Uses
    An Undetermined Use(*)(*)(*)(*)(*)(*)(*)(*)
    Unspecified Accessory Use(*)(*)(*)(*)(*)(*)(*)(*)
    TABLE 19.8.2-1, LAND USE COMPATIBILITY IN THE AE OVERLAY DISTRICT
    UsesRisk Zones and Noise Zones in 60 or Greater LDN
    RPA
    AE-RPZ
    APZ-1
    AE-I
    APZ-2
    AE-II
    60-65
    AE-60
    65-70
    AE-65
    70-75
    AE-70
    75-80
    AE-75
    80+
    AE-80
    Residential Uses
    Accessory Use to Residential (≥2 Du/ac)NoNoNo2525(No)<No><No>
    Single-Family (≥2 Du/ac)NoNoNo2525(No)<No><No>
    Accessory Use to Residential (≤2 Du/ac)NoNoYes252530<No><No>
    Single-Family (≤2 Du/ac)NoNoYes252530<No><No>
    Two-FamilyNoNoNo2525(No)<No><No>
    Multifamily StructureNoNoNo2525(No)<No><No>
    Group QuartersNoNoNo2525(No)<No><No>
    Permanent Mobile Home Parks-CourtsNoNoNo2525(No)<No><No>
    Transient Mobile Home Parks-CourtsNoNoNoYesYes(No)<No><No>
    Hotels, Motels & Tourist CourtsNoNoNoYes253035<No>
    Other ResidentialNoNoNo2525(No)<No><No>
    Manufacturing Uses
    Food & Kindred ProductsNoNo(Yes)YesYes(25)(30)(35)
    Textile Mill ProductsNoNoNoYesYes(25)(30)(35)
    Apparel & Finished ProductsNoNoNoYesYes(25)(30)(35)
    Lumber & Wood Products (Except Furn)No(Yes)(Yes)YesYes(25)(30)(35)
    Furniture & FixturesNo(Yes)(Yes)YesYes(25)(30)(35)
    Paper & Allied ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Printing-PublishingNo(Yes)(Yes)YesYes(25)(30)(35)
    Chemicals & Allied ProductsNoNoNoYesYes(25)(30)(35)
    Petroleum Refining & Related IndustriesNoNoNoYesYes(25)(30)(35)
    Rubber & Miscellaneous PlasticNoNoNoYesYes(25)(30)(35)
    Stone, Clay & Glass ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Primary Metal IndustriesNo(Yes)(Yes)YesYes(25)(30)(35)
    Fabricated Metal ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Instruments & Optical GoodsNoNoNoYes2530NoNo
    Miscellaneous ManufacturingNo(Yes)(Yes)YesYes(25)(30)(35)
    Transportation & Utility Uses
    Railroad, Rapid Rail & Street RailwayNo(Yes)YesYesYesYesYesYes
    Motor Vehicle TransportationNo(Yes)YesYesYes(25)(30)(35)
    Aircraft TransportationNo(Yes)YesYesYes(25)(30)(35)
    Highway & Street R-O-W(Yes)(Yes)YesYesYesYesYesYes
    Auto Parking(Yes)(Yes)YesYesYesYesYesYes
    Communications(Yes)(Yes)YesYesYes(25)(30)(35)
    Utilities(Yes)(Yes)YesYesYesYesYesYes
    Other Trans.-Comm. & Utilities(Yes)(Yes)YesYesYesYesYesYes
    Trade Uses
    Wholesale TradeNoYesYesYesYes(25)(30)(35)
    Building Materials & Hardware (Retail)NoYesYesYesYes(25)(30)(35)
    General Merchandise (Retail)NoNoYesYesYes253035
    Food-RetailNoNoYesYesYes253035
    Automotive, Marine & Aircraft Access.NoYesYesYesYes253035
    Apparel & Accessories (Retail)NoNoYesYesYes253035
    Furniture & Home Furnishings (Retail)NoNoYesYesYes253035
    Eating & Drinking PlacesNoNoNoYesYes253035
    Other Retail TradeNoNoYesYesYes253035
    Service Uses
    Finance, Insurance & Real EstateNoNo<Yes>YesYes253035
    Personal ServicesNoNo<Yes>YesYes253035
    Cemeteries<Yes><Yes><Yes>YesYes(25)(30)(35)
    Business ServicesNoNo<Yes>YesYes253035
    Warehousing & Storage ServicesNoYesYesYesYes(25)(30)(35)
    Explosives StorageNoNoNoYesYes(25)(30)(35)
    Repair StorageNo<Yes><Yes><Yes><Yes>(25)(30)(35)
    Medical & Other Health ServicesNoNoNoYes2530NoNo
    Legal ServicesNoNo<Yes>YesYes253035
    Other Professional ServicesNoNo<Yes>YesYes253035
    Contract Construction ServicesNo<Yes><Yes>YesYes(25)(30)(35)
    Government ServicesNoNo<Yes>YesYes253035
    Educational ServicesNoNoNoYes2530NoNo
    Religious ActivitiesNoNoNoYes2530NoNo
    Other Miscellaneous ServicesNoNo<Yes>YesYes253035
    Recreational Uses
    Cultural ActivitiesNoNoNoYes2530NoNo
    Nature ExhibitionsNo(Yes)(Yes)YesYesNoNono
    Outdoor Entertainment AssemblyNoNoNoYesNoNoNoNo
    Indoor Entertainment AssemblyNoNoNoYes2530NoNo
    Outdoor Sports AssemblyNoNoNoYesYesYesNoNo
    Indoor Sports AssemblyNoNoNoYesYes253035
    Miscellaneous Public AssemblyNoNoNo(Yes)(25)(30)NoNo
    Fairgrounds & Amusement ParksNoNoNoYesYesYesNoNo
    Outdoor AmusementsNoNo(Yes)YesYesYesNoNo
    Indoor AmusementsNoNo(Yes)YesYes253035
    Outdoor Sports ActivitiesNo(Yes)(Yes)YesYesYesNoNo
    Indoor Sports ActivitiesNoNo(Yes)(Yes)(Yes)253035
    Outdoor Playground & Athletic AreasNoNo(Yes)YesYesYesNoNo
    Indoor Playground & Athletic AreasNoNo(Yes)(Yes)(Yes)253035
    Golf Courses, Riding Stables & Water Rec.NoYes(Yes)YesYes(25)(30)(35)
    Other RecreationNoYes(Yes)YesYesYesNoNo
    Resorts & Group CampsNoNoNoYesYesYesNoNo
    ParksNoYesYesYes(25)(30)(35)No
    Natural Resource Uses
    Dairy FarmNoYesYesYes(25)(30)(35)No
    Livestock Farms & Ranches (2)NoYesYesYes(25)(30)(35)No
    Other Agriculture (3)YesYesYesYes(25)(30)(35)(35)
    Agricultural-Related Activities (2)NoYesYesYes(25)(30)(35)No
    Forestry Activities & Related ServicesNoYesYesYes(25)(30)(35)(35)
    Fishing Activities & Related Services (3)NoYesYesYesYesYesYesYes
    Mining Activities & Related ServicesNoYesYesYesYesYesYesYes
    Undeveloped Uses
    Undeveloped & Unused LandYesYesYesYesYesYesYesYes
    Water Areas (3)YesYesYesYesYesYesYesYes
    Open SpaceYesYesYesYesYesYesYesYes
    Miscellaneous Uses
    An Undetermined Use(*)(*)(*)(*)(*)(*)(*)(*)
    Unspecified Accessory Use(*)(*)(*)(*)(*)(*)(*)(*)
    TABLE 19.8.2-1, LAND USE COMPATIBILITY IN THE AE OVERLAY DISTRICT
    UsesRisk Zones and Noise Zones in 60 or Greater LDN
    RPA
    AE-RPZ
    APZ-1
    AE-I
    APZ-2
    AE-II
    60-65
    AE-60
    65-70
    AE-65
    70-75
    AE-70
    75-80
    AE-75
    80+
    AE-80
    Residential Uses
    Accessory Use to Residential (≥2 Du/ac)NoNoNo2525(No)<No><No>
    Single-Family (≥2 Du/ac)NoNoNo2525(No)<No><No>
    Accessory Use to Residential (≤2 Du/ac)NoNoYes252530<No><No>
    Single-Family (≤2 Du/ac)NoNoYes252530<No><No>
    Two-FamilyNoNoNo2525(No)<No><No>
    Multifamily StructureNoNoNo2525(No)<No><No>
    Group QuartersNoNoNo2525(No)<No><No>
    Permanent Mobile Home Parks-CourtsNoNoNo2525(No)<No><No>
    Transient Mobile Home Parks-CourtsNoNoNoYesYes(No)<No><No>
    Hotels, Motels & Tourist CourtsNoNoNoYes253035<No>
    Other ResidentialNoNoNo2525(No)<No><No>
    Manufacturing Uses
    Food & Kindred ProductsNoNo(Yes)YesYes(25)(30)(35)
    Textile Mill ProductsNoNoNoYesYes(25)(30)(35)
    Apparel & Finished ProductsNoNoNoYesYes(25)(30)(35)
    Lumber & Wood Products (Except Furn)No(Yes)(Yes)YesYes(25)(30)(35)
    Furniture & FixturesNo(Yes)(Yes)YesYes(25)(30)(35)
    Paper & Allied ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Printing-PublishingNo(Yes)(Yes)YesYes(25)(30)(35)
    Chemicals & Allied ProductsNoNoNoYesYes(25)(30)(35)
    Petroleum Refining & Related IndustriesNoNoNoYesYes(25)(30)(35)
    Rubber & Miscellaneous PlasticNoNoNoYesYes(25)(30)(35)
    Stone, Clay & Glass ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Primary Metal IndustriesNo(Yes)(Yes)YesYes(25)(30)(35)
    Fabricated Metal ProductsNo(Yes)(Yes)YesYes(25)(30)(35)
    Instruments & Optical GoodsNoNoNoYes2530NoNo
    Miscellaneous ManufacturingNo(Yes)(Yes)YesYes(25)(30)(35)
    Transportation & Utility Uses
    Railroad, Rapid Rail & Street RailwayNo(Yes)YesYesYesYesYesYes
    Motor Vehicle TransportationNo(Yes)YesYesYes(25)(30)(35)
    Aircraft TransportationNo(Yes)YesYesYes(25)(30)(35)
    Highway & Street R-O-W(Yes)(Yes)YesYesYesYesYesYes
    Auto Parking(Yes)(Yes)YesYesYesYesYesYes
    Communications(Yes)(Yes)YesYesYes(25)(30)(35)
    Utilities(Yes)(Yes)YesYesYesYesYesYes
    Other Trans.-Comm. & Utilities(Yes)(Yes)YesYesYesYesYesYes
    Trade Uses
    Wholesale TradeNoYesYesYesYes(25)(30)(35)
    Building Materials & Hardware (Retail)NoYesYesYesYes(25)(30)(35)
    General Merchandise (Retail)NoNoYesYesYes253035
    Food-RetailNoNoYesYesYes253035
    Automotive, Marine & Aircraft Access.NoYesYesYesYes253035
    Apparel & Accessories (Retail)NoNoYesYesYes253035
    Furniture & Home Furnishings (Retail)NoNoYesYesYes253035
    Eating & Drinking PlacesNoNoNoYesYes253035
    Other Retail TradeNoNoYesYesYes253035
    Service Uses
    Finance, Insurance & Real EstateNoNo<Yes>YesYes253035
    Personal ServicesNoNo<Yes>YesYes253035
    Cemeteries<Yes><Yes><Yes>YesYes(25)(30)(35)
    Business ServicesNoNo<Yes>YesYes253035
    Warehousing & Storage ServicesNoYesYesYesYes(25)(30)(35)
    Explosives StorageNoNoNoYesYes(25)(30)(35)
    Repair StorageNo<Yes><Yes><Yes><Yes>(25)(30)(35)
    Medical & Other Health ServicesNoNoNoYes2530NoNo
    Legal ServicesNoNo<Yes>YesYes253035
    Other Professional ServicesNoNo<Yes>YesYes253035
    Contract Construction ServicesNo<Yes><Yes>YesYes(25)(30)(35)
    Government ServicesNoNo<Yes>YesYes253035
    Educational ServicesNoNoNoYes2530NoNo
    Religious ActivitiesNoNoNoYes2530NoNo
    Other Miscellaneous ServicesNoNo<Yes>YesYes253035
    Recreational Uses
    Cultural ActivitiesNoNoNoYes2530NoNo
    Nature ExhibitionsNo(Yes)(Yes)YesYesNoNono
    Outdoor Entertainment AssemblyNoNoNoYesNoNoNoNo
    Indoor Entertainment AssemblyNoNoNoYes2530NoNo
    Outdoor Sports AssemblyNoNoNoYesYesYesNoNo
    Indoor Sports AssemblyNoNoNoYesYes253035
    Miscellaneous Public AssemblyNoNoNo(Yes)(25)(30)NoNo
    Fairgrounds & Amusement ParksNoNoNoYesYesYesNoNo
    Outdoor AmusementsNoNo(Yes)YesYesYesNoNo
    Indoor AmusementsNoNo(Yes)YesYes253035
    Outdoor Sports ActivitiesNo(Yes)(Yes)YesYesYesNoNo
    Indoor Sports ActivitiesNoNo(Yes)(Yes)(Yes)253035
    Outdoor Playground & Athletic AreasNoNo(Yes)YesYesYesNoNo
    Indoor Playground & Athletic AreasNoNo(Yes)(Yes)(Yes)253035
    Golf Courses, Riding Stables & Water Rec.NoYes(Yes)YesYes(25)(30)(35)
    Other RecreationNoYes(Yes)YesYesYesNoNo
    Resorts & Group CampsNoNoNoYesYesYesNoNo
    ParksNoYesYesYes(25)(30)(35)No
    Natural Resource Uses
    Dairy FarmNoYesYesYes(25)(30)(35)No
    Livestock Farms & Ranches (2)NoYesYesYes(25)(30)(35)No
    Other Agriculture (3)YesYesYesYes(25)(30)(35)(35)
    Agricultural-Related Activities (2)NoYesYesYes(25)(30)(35)No
    Forestry Activities & Related ServicesNoYesYesYes(25)(30)(35)(35)
    Fishing Activities & Related Services (3)NoYesYesYesYesYesYesYes
    Mining Activities & Related ServicesNoYesYesYesYesYesYesYes
    Undeveloped Uses
    Undeveloped & Unused LandYesYesYesYesYesYesYesYes
    Water Areas (3)YesYesYesYesYesYesYesYes
    Open SpaceYesYesYesYesYesYesYesYes
    Miscellaneous Uses
    An Undetermined Use(*)(*)(*)(*)(*)(*)(*)(*)
    Unspecified Accessory Use(*)(*)(*)(*)(*)(*)(*)(*)
    1. E.
      Noise Level Reduction Standards. The noise level reduction standards in HMC Chapter 15.56 shall be used to meet the corresponding interior noise level reduction requirements of Table 19.8.2-1, Land Use Compatibility in the AE Overlay District.
    2. F.
      Specific Standards.
      1. 1.
        Height Limits. Height is limited to 35 feet. Height may be allowed above 35 feet if it is determined that the structure does not:
        1. a.
          Constitute a hazard to air navigation;
        2. b.
          Result in an increase to minimum flight altitudes during any phase of flight; or
        3. c.
          Otherwise pose a significant adverse impact on airport or aircraft operations.
      2. 2.
        Wireless Communication. No land use may interfere with electrical radio communication between the airport and the aircraft, make it difficult for flyers to distinguish airport lights, result in glare, impair visibility, or otherwise interfere with or endanger the landing, take off, or maneuvering of aircrafts.
      3. 3.
        Noise. Exterior to interior noise level reduction (a minimum of 30 decibels for AE-60 and a minimum of 35 decibels for AE-65) is required where habitable space is greater than 35 feet in height.
    3. G.
      Specific Procedures.
      1. 1.
        Noise Disclosure. Noise disclosure is required for all new residential developments or units and condominium conversions within the AE overlay district. The disclosure includes:
        1. a.
          A form recorded against the land by the applicant, with copies provided to the City and Clark County Department of Aviation;
        2. b.
          A copy of the recorded form presented to the initial occupant; and
        3. c.
          A map obtained by the applicant from the Clark County Department of Aviation highlighting the project location in relation to associated flight tracks.
      2. 2.
        Notification of Airport Authority. Except for alternations and additions to residential uses, the City shall notify the Airport Authority of applications and provide necessary exhibits for any new or expanded uses or developments.
      3. 3.
        Notification of Federal Aviation Administration. Notice must be filed with the Federal Aviation Administration (FAA) if specifically requested by the FAA, or if any of the following types of construction or alternations are proposed:
        1. a.
          Greater than 200-foot building height; or
        2. b.
          Any other notification requirement as outline by HMC Title 14, Code of Federal Regulations, Part 77.
        3. c.
          The FAA may limit heights based on their review.

    Effective on: 1/1/1901

    19.8.3 Gaming Enterprise Overlay District

  • A.
    Purpose. The specific purpose of the Gaming Enterprise (G) overlay district is to comply with NRS Chapter 463, as amended, by seeking to ensure adequate roads, water, sanitation, utilities, and related services to areas where nonrestricted gaming establishments are proposed. Establishments shall enhance, expand, and stabilize employment and the local economy. Establishments shall not unduly impact public services, consumption of natural resources, the surrounding quality of life, or the surrounding area, and shall not be detrimental to the health, safety, or general welfare of the community.
  • B.
    Applicability. The G overlay district applies to all development within the City except:
    1. 1.
      An establishment that holds a nonrestricted license for a resort hotel on December 31, 2002; or
    2. 2.
      A proposed establishment located entirely within the boundary line of a master-planned community of 125 acres or more if, before June 28, 1997, the master-planned community was initially approved by the local governing body having jurisdiction over the master-planned community and was, in whole or in part, zoned or designated for gaming.
  • C.
    Zoning Map Designation. If the City has established one or more G overlay districts, the City shall make available for public inspection a map that shows the location of each G overlay district. The map shall be:
    1. 1.
      Updated at least once every four months by the City; and
    2. 2.
      A public record subject to the provisions of NRS Chapter 239.
  • D.
    Use Regulations. Land use regulations shall be the same as those in the base zoning district within which the G overlay district is applied. No new or expanded casinos with nonrestricted gaming shall be approved unless they meet the CUP and hotel room requirements of this Code and the restrictions of HMC Chapter 4.32.
  • E.
    Property Development Regulations. Property development regulations shall be the same as those in the base zoning district within which the G overlay district is applied unless modified by an approved development agreement or design review. Unless otherwise stipulated, no waivers within this Section are allowed.
  • F.
    Required Plans and Materials. An application shall be filed with the Director that contains the following:
    1. 1.
      A completed application form;
    2. 2.
      A vicinity map showing the location and street address of the subject property and showing all residential, commercial, industrial, and public uses and zoning districts within 7,500 feet of all boundaries of the subject property;
    3. 3.
      A concept plan indicating the existing and proposed uses, approximate gross floor area, building coverage, height, parking, and density;
    4. 4.
      A circulation plan showing proposed streets and the relation to the Master Transportation Plan for streets and highways;
    5. 5.
      A pedestrian and bicycle circulation plan showing proposed walkways and trails and the relation to the City’s Master Bicycle and Trails Plan;
    6. 6.
      An analysis of any adverse impacts upon surrounding properties and proposed mitigation methods including, but not limited to, construction traffic, noise and other construction-related impacts, post-construction traffic, parking, lighting, and any other impacts associated with the casino operation;
    7. 7.
      A preliminary development schedule indicating phases and the sequence and timing of development;
    8. 8.
      A plan for extension of public facilities, services, and utilities and for flood control and drainage;
    9. 9.
      The required application fee; and
    10. 10.
      Proof of compliance with the findings below.
  • G.
    Specific Procedures.
    1. 1.
      Initiation. An application to approve a G overlay district shall be initiated by a property owner or authorized agent, or by the City, consistent with the requirements below. If the property is not under a single ownership, all owners shall join the application, and a map showing the extent of ownership shall be submitted within the application, if applicable.
    2. 2.
      Notice. Notice shall be given consistent with NRS and as set forth in this Subsection.
      1. a.
        If a person is proposing to operate an establishment with a nonrestricted license and the location of the proposed establishment has not been designated a G overlay district, the person may petition the City to designate the location of the proposed establishment a G overlay district.
      2. b.
        If a person files an application to designate the location of a proposed establishment a G overlay district, the City shall, at least 10 days before the date of the hearing of the application, mail a notice of the hearing to:
        1. i.
          Each owner of real property whose property line is fewer than 5,000 feet from the property line of the proposed establishment;
        2. ii.
          Each tenant of a mobile home park whose property line is fewer than 5,000 feet from the property line of the proposed establishment;
        3. iii.
          Any advisory board that represents one or more owners of recreational vehicle property or tenants of a mobile home park whose property line is less than 5,000 feet of the property line of the proposed establishment;
      3. c.
        The notice must be written in language that is easy to understand and must set forth the date, time, place, and purpose of the hearing and contain a physical description or map of the location of the proposed establishment. The applicant shall pay the costs of providing the required notice.
    3. 3.
      Public Hearing. Any interested person is entitled to a public hearing. The Commission shall conduct a public hearing and hear testimony for and against the application. A public hearing may be continued to a definite date.
    4. 4.
      Decision and Notice. Following close of the public hearing, the Commission shall recommend approval, conditional approval, or denial of the application. The Council shall affirm, deny, or modify the Commission’s recommendation at its next regularly scheduled meeting. An affirmative vote of ¾ of the Council shall be required to approve the addition of a G overlay district.
    5. 5.
      Limits on Conditions of Approval. No conditions of approval of a G overlay district shall include use, height, bulk, density, open space, parking, loading, or sign requirements that are less restrictive than those prescribed by applicable base zoning districts, unless specifically approved by the Council.
    6. 6.
      Findings. At the hearing, the applicant must prove the following:
      1. a.
        The roads, water, sanitation, utilities, and related services to the location are adequate;
      2. b.
        The proposed establishment will not unduly impact public services, consumption of natural resources, and the quality of life enjoyed by residents of the surrounding neighborhoods;
      3. c.
        The proposed establishment will enhance, expand, and stabilize employment and the local economy;
      4. d.
        The proposed establishment will be located in an area planned or zoned for that purpose consistent with NRS Sections 278.010 to 278.630, inclusive; and
      5. e.
        The proposed establishment will not be detrimental to the health, safety, or general welfare of the community or be incompatible with the surrounding area.
      6. f.
        On the date the application was filed:
        1. i.
          The property line of the proposed establishment was at least 5,000 feet from the property line of a developed residential district as defined in NRS 463.3086(9)(a).
        2. ii.
          The property line of the proposed establishment was at least 5,000 feet from the property line of a public school, private school, or structure used primarily for religious services or worship.
        3. iii.
          The proposed establishment will not adversely affect:
          1. (a)
            Any developed residential district unit whose property line is within 7,500 feet of the property line of the proposed establishment.
          2. (b)
            A public school, private school, or structure used primarily for religious purposes, whose property line is within 5,000 feet of the property line of the proposed establishment. 
    7. 7.
      Exceptions.
      1. a.
        Applicability. The findings above shall not apply if:
        1. i.
          A proposed G overlay district is located entirely within a Master Plan overlay or Planned Community district of 1,000 acres or more and such Master Plan overlay, Planned Community district, or G overlay district would be either:
          1. (a)
            Established on or before January 1, 2008; or
          2. (b)
            Located within a redevelopment district.
        2. ii.
          An expansion is proposed of an existing G overlay district that was in existence as of September 18, 2007; or
        3. iii.
          A proposed G overlay district is within 1,500 feet of existing or future alignment of the centerline of Las Vegas Boulevard, as amended, contains a minimum of 25 acres, a minimum of 500 hotel rooms and meets all other criteria of a resort hotel as defined by HMC Title 4.
      2. b.
        An application filed pursuant to HMC Subsection 19.8.3 G-7.a of this Section shall require proof that on the day the application was filed:
        1. i.
          The property line of the proposed establishment was at least 500 feet from the property line of a developed residential district;
        2. ii.
          The property line of the proposed establishment was at least 1,500 feet from the property line of a public school, private school, or structure primarily for religious services or worship; and
        3. iii.
          The proposed establishment will not adversely affect:
          1. (a)
            Any developed residential district with a property line within 2,500 feet of the property line of the proposed establishment; and
          2. (b)
            A public school, private school, or structure used primarily for religious purposes with a property line within 2,500 feet of the property line of the proposed establishment.
    8. 8.
      Reapplication. If the Council denies a petition submitted consistent with this Section, it shall not consider another petition concerning the same location or any portion thereof for one year after the date of denial.
  • H.
    Appeals. Appeals of Council decisions on amendments to the G overlay district shall be consistent with NRS 463.3088.
  • I.
    Amendments to G Overlay District Plan. Any amendment to an approved plan shall require a new application and approval consistent with this Code.
  • J.
    Expiration, Extension, and Transfer. Unless extended, an approved G overlay district shall expire two years from the date of approval, with the following exceptions:
    1. 1.
      The project for which the G overlay district was approved is diligently pursuing construction or is completed; and
    2. 2.
      The G overlay district runs with the land and automatically transfers to subsequent property owners.
  • K.
    Application Review. Following approval of a G overlay district, the applicant shall apply for a CUP. Plans for a project requiring a G overlay district shall be accepted for CUP review only if they are consistent with the G overlay district application and with all other applicable requirements of this Code.
  • (Ord. # 3954, 04/17/2023; Ord. # 4006, 12/19/2023) 

    Effective on: 12/22/2023

    19.8.4 Hillside Overlay District

  • A.
    Purpose. The Hillside (H) overlay district provides for the reasonable use of hillside areas and related lands while protecting the natural environment, public health, safety, and general welfare by:
    1. 1.
      Determining whether certain conditions exist, such as loose or easily eroded soils or rocky soils that may require blasting and using appropriate engineering technology to ensure stable slopes during and subsequent to development.
    2. 2.
      Reducing water runoff, soil erosion, and rockslides by minimizing grading and by requiring re-vegetation.
    3. 3.
      Permitting intensity of development compatible with the natural characteristics of hillside terrain, such as degree of slope, significant landforms, soil suitability, direction and shape of contour lines, and existing drainage patterns.
    4. 4.
      Preserving the scenic quality of the desert and mountain environment by identifying and considering sensitive ridgelines in development of hillside areas.
    5. 5.
      Reducing the physical impact of hillside development by encouraging innovative site and architectural design, minimizing grading, and requiring revegetation and restoration of graded areas.
    6. 6.
      Providing safe and convenient vehicular access by encouraging development on the less steeply sloped terrain.
    7. 7.
      Promoting cost-efficient public services by encouraging development on the less steeply sloped terrain, thereby minimizing service extensions and utility costs and maximizing access for all necessary life safety services.
    8. 8.
      Providing specific design criteria for offsite improvements that will reduce grading and site disturbance.
    9. 9.
      Recognizing the unique characteristics of the hillside terrain and promoting the placement of building pads that are compatible with the hillside terrain.
  • B.
    Applicability and Zoning Map Designator.
    1. 1.
      The H overlay district may be applied to any area identified on the Hillside Regulation Map.
    2. 2.
      Establishment of an H overlay district may be initiated by the Council, Commission, or by a petition of property owners under the rezoning procedures established in HMC Section 19.6.4.C.
    3. 3.
      Each H overlay district shall be shown on the zoning map by adding a symbol to indicate the overlay zoning and shall be shown in written form by adding an “-H” designator to the base district designation.
    4. 4.
      If the 15 percent slope line covers any portion of a parcel, then the entire parcel is subject to the H overlay district.
  • C.
    Factors that Determine Whether a Hillside Development Plan is Required.
    1. 1.
      In addition to compliance with the provisions of this section, lots within the H overlay district with slopes of 15 percent or greater shall also be required to prepare a Hillside Development Plan prior to applying for development approvals.
    2. 2.
      A slope analysis shall be prepared to determine if a parcel or lot is subject to the requirement for a Hillside Development Plan. Areas within master plans that are already subject to a slope analysis or have density/disturbance caps based on a previous slope analysis, may not be eligible for a new slope analysis.
    3. 3.
      No land division or new construction shall occur on a lot in the H overlay district with a slope of 15 percent or more without approval of a Hillside Development Plan.
    4. 4.
      A lot or parcel that will be further divided prior to development shall be subject to the Hillside Development Plan only in the areas with 15 percent slope or greater.
    5. 5.
      A lot or parcel with slopes of 15 percent or more covering any portion of the parcel and that will not be further divided prior to development shall be subject to the H overlay district on the entire parcel or lot.
  • D.
    Concept Plan Review Required. A complete Concept Plan Review application submittal is required, which must be reviewed by staff prior to proceeding with a formal Hillside Development Plan submittal. All items on the application checklist must be submitted for staff to perform a full review. Staff shall be permitted up to 30 days to provide comments to the applicant.
  • E.
    Site Meeting Required. After the Concept Plan Review and prior to the submittal of an application for hillside development, the applicant, together with staff members from Community Development and Public Works Department, shall conduct a meeting on the development site to review overall site conditions, design, and constraints.
  • F.
    Applicability for the Hillside Development Plan
    1. 1.
      Minimum Requirements. Hillside Development Plans shall, at a minimum, include the following:
      1. a.
        A complete hillside development (entitlement) application (Tentative Map, Zone Change with Master Plan Overlay, Design Review, etc.) which addresses the City’s Hillside Development Checklist;
      2. b.
        A Grading Plan;
      3. c.
        A Technical Drainage Study;
      4. d.
        A three-dimensional rendering that depicts the before-and-after conditions of the proposal;
        1. i.
          Staff may request an updated three-dimensional rendering if the proposal has considerably changed through the staff review process.
        2. ii.
          Staff has the authority to request a more in-depth version of the rendering up to and including a fly-over video.
        3. iii.
          A final three-dimensional rendering should be submitted prior to being scheduled for Commission.
      5. e.
        An Existing Conditions Report:
        1. i.
          A Native Plant Inventory prepared by a qualified revegetation company experienced in Mojave Desert restoration that contains the following:
          1. (a)
            A current aerial photograph with site boundaries clearly marked;
          2. (b)
            Identification of four, non-adjacent, ½-acre test areas within the subject property to determine average plant density for overall site, with areas outlined on a map (for properties under two acres in size, the test areas shall be at least ¼-acre in size);
          3. (c)
            A plant list identifying plant species and number of plant species in the test area;
          4. (d)
            Identification of plants to be salvaged from the disturbed area; and
          5. (e)
            Identification of onsite or offsite plant nursery for salvaged materials.
        2. ii.
          A photo study depicting the proposed development site prior to development. Photos should include all washes and significant topographical features as determined by site walk with staff per HMC Subsection 19.8.4.E;
        3. iii.
          A map(s) identifying:
          1. (a)
            Area to be disturbed with acreage noted;
          2. (b)
            Preliminary grading and drainage;
          3. (c)
            Identification of desert washes; and
          4. (d)
            Protected ridgelines;
          5. (e)
            Adjacent parcels noting acreage and property ownership; and
          6. (f)
            Identification of easements.
      6. f.
        A preliminary Hillside Restoration Plan intended to assist in transitioning to native revegetated or existing native landscape areas performed by a qualified revegetation restoration company experienced in Mojave Desert restoration. The Hillside Restoration Plan should include/adhere to the following:
        1. i.
          Mojave Desert materials.
        2. ii.
          The installation of the materials will be non-irrigated and maintained through establishment and sustainability of the plant materials by a qualified contractor.
        3. iii.
          The materials must be established and weaned off supplemental watering within a minimum of one year to ensure survivability.
        4. iv.
          Desert vegetation should not be used as a sole solution in highly visible public spaces such as streetscapes and common areas unless is blended with others more intense palette.
  • G.
    Staff Review of Hillside Development Applications. Due to the increased complexity of hillside development requests and the various City departments required for review, staff shall be provided up to 30 days from submittal deadline to provide comments to the applicant. However, regardless of time elapsed, hillside development applications shall not be scheduled for a public hearing until the application submittal is deemed complete and accurate by the Director.
  • H.
    Development Regulations within the H Overlay District
    1. 1.
      Density Allocation and Maximum Site Disturbance.
      1. a.
        A slope analysis will dictate the final site disturbance and unit density allocation.
      2. b.
        For all areas of the lot or parcel with less than a 15 percent slope and outside a sensitive ridgeline, 100 percent site disturbance may occur.
      3. c.
        For areas of slope greater than 15 percent, the standards of this section shall apply. For property that is located in any permitted zone district with the H overlay district (with the exception of RS-1-H and RS-2-H under certain conditions), the amounts of density and site disturbance shall be specific to the slope category in which it is located (per table 19.8.4-1).
      4. d.
        Hillside development is prohibited in residential zone districts of RM-10 or higher unless approved as a part of a Master Plan.
  • TABLE 19.8.4-1, DENSITY ALLOCATION AND SITE DISTURBANCE
    Slope Category (%)Density (Du/Ac.)Max. Site Distrubance (%)
    15-19.9250
    20-24.9140
    25-29.90.430
    30-34.90.225
    35 or more0.115
    TABLE 19.8.4-1, DENSITY ALLOCATION AND SITE DISTURBANCE
    Slope Category (%)Density (Du/Ac.)Max. Site Distrubance (%)
    15-19.9250
    20-24.9140
    25-29.90.430
    30-34.90.225
    35 or more0.115
    TABLE 19.8.4-1, DENSITY ALLOCATION AND SITE DISTURBANCE
    Slope Category (%)Density (Du/Ac.)Max. Site Distrubance (%)
    15-19.9250
    20-24.9140
    25-29.90.430
    30-34.90.225
    35 or more0.115
    TABLE 19.8.4-1, DENSITY ALLOCATION AND SITE DISTURBANCE
    Slope Category (%)Density (Du/Ac.)Max. Site Distrubance (%)
    15-19.9250
    20-24.9140
    25-29.90.430
    30-34.90.225
    35 or more0.115
    1.  
      1.  
        1. e.
          Property currently zoned RS-1-H or RS-2-H that is proposed to be rezoned or subdivided shall be subject to the following:
          1. i.
            Existing lots currently zoned RS-1-H may be developed at a maximum of one dwelling unit per gross acre with a maximum of 50 percent site disturbance prior to subdividing. Subsequent subdivisions thereafter shall then abide by Table 19.8.4-1. Existing lots of record that were created prior to July 1, 1997, that are currently zoned RS-2 (Single-Family Residential) district may be developed at a maximum of two dwelling units per gross acre with a maximum of 50 percent site disturbance prior to subdividing. Subsequent subdivisions thereafter shall then abide by Table 19.8.4-1.
          2. ii.
            Site disturbance shall include all grading for the development of the property, but shall not include any public or private street on existing lots of record that were created prior to July 1, 1997, and zoned RS-1-H and RS-2-H.
            1. (a)
              A maximum of ten percent increase in site disturbance shall be allowed for the construction of a new driveway subject to staff level approval on such lots. Any increase in excess of the ten percent shall require Commission approval.
      2. 2.
        Density Allocation and Site Disturbance Redistribution. Density and site disturbance may be redistributed from portions of a lot or parcel with a slope 15 percent or greater to any area of the Hillside Development Plan, regardless of slope, in accordance with the following standards:
        1. a.
          Areas from which density and site disturbance are redistributed shall be designated as natural areas in accordance with this section.
        2. b.
          Density and site disturbance shall be redistributed only within the boundaries of the Hillside Development Plan. In no case shall the gross density exceed the base zoning of the property.
        3. c.
          Site disturbance within a master plan area shall be subject to the following:
          1. i.
            Density and site disturbance transfer within a master plan shall be permitted in accordance with Table 19.8.4-1 and shall be determined by a slope analysis for each planning area with slopes of 15 percent or greater.
          2. ii.
            Site disturbance shall be tracked for each planning area of the hillside development submitted for review within the master plan. As each planning area is developed, the site disturbance will be tracked through the tentative map review process to ensure compliance with site disturbance limitations for the overall master plan.
      3. 3.
        Minimum Lot Area. The minimum lot area for parcels zoned single-family residential shall be 4,500 square feet. For any zoning district with a minimum lot size less than 4,500 square feet, the lesser lot size requirement shall prevail.
      4. 4.
        Lot Width and Depth.
        1. a.
          General
          1. i.
            Lot width and depth of non-flag lots shall not exceed a ratio of three feet of width/depth for one foot of width/depth.
          2. ii.
            Minimum lot width shall be the lesser of 45 feet or the minimum zoning district standard.
        2. b.
          Flag Lots
          1. i.
            The flagpole or panhandle portion of the lot shall be a minimum of 24 feet wide, and the depth of the flagpole or panhandle shall not exceed 150 feet as measured from the adjacent public or private street.
          2. ii.
            The non-flag portion of a flag lot shall be subject to the lot width/depth ratios for non-flag lots.
          3. iii.
            The flagpole or panhandle portion of the lot shall not be included in calculating lot size.
      5. 5.
        Setbacks for Commercial, Industrial, and Multifamily. Except for required sensitive ridgeline setbacks, commercial, industrial, and multifamily projects shall provide setbacks in accordance with the base district in which the project is located.
      6. 6.
        Setbacks, Single-Family Residential.
        1. a.
          Minimum. Except for required sensitive ridgeline setbacks, single-family residential shall provide setbacks in accordance with Table 19.8.4-2, Single-Family Residential Setbacks. For any zoning district with setbacks less than that shown in Table 19.8.4-2, the lesser setback requirement shall prevail.
    TABLE 19.8.4-2 SINGLE-FAMILY RESIDENTIAL SETBACKS
    SETBACKDISTANCE (FEET)
    Front20 front entry to garage
    10 to living area
    10 to side-loaded garage
    Rear15
    Corner Side10
    Side5
    TABLE 19.8.4-2 SINGLE-FAMILY RESIDENTIAL SETBACKS
    SETBACKDISTANCE (FEET)
    Front20 front entry to garage
    10 to living area
    10 to side-loaded garage
    Rear15
    Corner Side10
    Side5
    TABLE 19.8.4-2 SINGLE-FAMILY RESIDENTIAL SETBACKS
    SETBACKDISTANCE (FEET)
    Front20 front entry to garage
    10 to living area
    10 to side-loaded garage
    Rear15
    Corner Side10
    Side5
    TABLE 19.8.4-2 SINGLE-FAMILY RESIDENTIAL SETBACKS
    SETBACKDISTANCE (FEET)
    Front20 front entry to garage
    10 to living area
    10 to side-loaded garage
    Rear15
    Corner Side10
    Side5
    1.  
      1.  
        1. b.
          Adjustments. However, in order to adjust for terrain and produce the optimum building area, setbacks may be provided as follows for individual lots:
          1. i.
            The aggregate total of setback dimensions around a building shall be equal to the sum of the minimum setbacks.
            1. (a)
              Corner side setbacks may not be reduced.
            2. (b)
              No setback, regardless of lot placement, shall be less than five feet. (For example, this Code requires an interior-side setback of five feet and a rear setback of 15 feet. Those two setbacks may be adjusted to ten-foot side and ten-foot rear.)
            3. (c)
              On flag lots, the dwelling may be located five feet from any two sides, but the garage shall remain a minimum of 20 feet from the street. Interior side and rear setbacks for non-corner lots shall be the cumulative total of the setbacks, so long as a minimum of five feet is maintained from a property line.
      2. 7.
        Building Height. No structure shall exceed a height of 35 feet unless the structure is stepped or terraced. For the purposes of this section, a stepped or terraced building that exceeds an overall height of 35 feet must have a horizontal offset that is equal to, or greater than, the corresponding vertical height of each “step.” The height of each step or terrace shall not exceed 35 feet as measured from the lowest finished grade elevation or the maximum peak roof height on the lower step to the maximum peak roof height on the upper step. See Figure 19.8.4-A, Hillside Building Height.
    FIGURE 19.8.4-A, HILLSIDE BUILDING HEIGHT
    Diagram with specifications for building height on a hillside
    1.  
      1. 8.
        Grading Standards. All development subject to the provisions of the hillside development regulations shall have a grading plan approved by the Community Development and Services Director and Public Works Director. The review process for the grading plan shall comply with the tentative map, planned unit development, or design review process. When none of the above are required, it will coincide with the building permit review. The grading shall be shown on a separate grading plan. All development shall meet all of the following criteria:
        1. a.
          The portions of the site or lot to be graded must be clearly shown on the grading plan.
        2. b.
          The grading plan and drainage study shall be approved by the Public Works Director prior to Commission approval.
        3. c.
          Unless approved by the Public Works Director and the Community Development and Services Director, there shall be no blasting, grubbing, grading, or clearing prior to approval of civil improvement plans by the Public Works Director or issuance of a grading permit by Building and Fire Safety. Blasting, grubbing, grading, and clearing are to occur only within the areas identified on the approved grading plan. A bond calculated for revegetation and restoration, as approved by Community Development, shall be provided to the Public Works Department prior to issuance of a grading permit.
        4. d.
          All portions of the site or lot to be left ungraded shall remain undisturbed and are not to be used for stockpiling of materials, excess fill, construction storage or staging, etc.
        5. e.
          If natural areas are designated on a site or lot, temporary fencing shall be installed where they abut construction areas in order to prevent encroachment into the natural areas.
        6. f.
          With the exception of roadways and driveways, the maximum vertical height of a vertical cut or fill shall not exceed 35 feet, and:
          1. i.
            The cut or fill shall be varnished and revegetated in accordance with the Hillside Restoration Plan.
          2. ii.
            The back-filled area shall be compacted per the soils report or approved grading plan and revegetated/varnished in compliance with this section.
        7. g.
          The edges of the cut or fill shall be shaped to conform with the natural topography of the land. See Figure 19.8.4 – B, Natural Hillside Retained Between Development Areas.
    FIGURE 19.8.4-B, NATURAL HILLSIDE RETAINED BETWEEN DEVELOPMENT AREAS
    Specifications that conform with the natural topography
    1.  
      1.  
        1. h.
          Areas disturbed for roadways and driveways shall be varnished and/or revegetated in accordance with the Hillside Restoration plan.
        2. i.
          Prior to any cut or fill on slopes that encroach into a Special Flood Hazard Area, the cut or fill design must first obtain the necessary drainage study and civil plan approvals prior to permit issuance for work within the hazard boundaries.
        3. j.
          The grading plan shall include a statement that certifies all finished floor elevations meet the minimum finish floor elevation criteria in the Uniform Regulations for the Control of Drainage, the Hydrologic Criteria and Drainage Design Manual, or the approved development agreement for the project.
        4. k.
          Excess material shall be hauled to an appropriate offsite disposal area.
        5. l.
          All site and hillside restoration shall be completed within 90 days of completion of work or prior to issuance of a certificate of occupancy, whichever occurs first. Residential subdivisions may continue site restoration for a maximum of 360 days of completion of work, as determined by the Director. If grading operations cease for more than 120 days, site and hillside restoration shall occur and shall be completed within 60 days.
      2. 9.
        Hillside Restoration. All cut and fill areas including public or private streets and driveways must be restored according to the following:
        1. a.
          Revegetation
          1. i.
            A landscape permit must be reviewed and approved by the Community Development and Services Department.
          2. ii.
            Restored areas must include only native plant materials.
          3. iii.
            Plant density must be at least 70 percent of the native density based on the native plant inventory per HMC Subsection 19.8.4.D.2.
          4. iv.
            A temporary watering system shall be installed, activated, and maintained until the revegetated or salvaged plant materials are established. Plant materials are considered established if they survive for one growing season after the temporary watering system is removed.
          5. v.
            Guarantee 80 percent survival rate of plant material.
            1. (a)
              Survival rate shall be determined when the plant materials are considered established per HMC Subsection 19.8.4.H.9.a.iv above.
            2. (b)
              Responsibility for the replacement of plants to meet the 80 percent survival rate falls on the developer or their designees. Restored hillside areas shall not be turned over to a homeowners’ association until it is determined that 70 percent of the native plant density has been restored and 80 percent of the plants have survived.
          6. vi.
            Areas not exceeding a three-to-one slope must replicate the desert floor using the hand placement of rock, prior to application of varnish. Typical rock-mulching in restored areas is prohibited.
          7. vii.
            Seeds for trees, desert shrubs, and grasses must be planted with a density adequate to control erosion and shall use one of the following methods of planting:
            1. (a)
              Raked into the soil with appropriate mulch materials;
            2. (b)
              Hydroseeding;
            3. (c)
              Anchored mulches;
            4. (d)
              Established on jute, rolled straw, or similar material; or
            5. (e)
              Any other method approved by the Director.
        2. b.
          Revarnishing. All disturbed areas to be restored must be varnished using a hue similar to the surrounding undisturbed area using an approved process. Alternatively, if approved by the Director, areas that are naturally dark may forego varnishing with appropriate revegetation.
      3. 10.
        Slope Stabilization. All cut and fill slopes steeper than a ratio of three-to-one (3:1) or as approved by a geotechnical report, with the exception of retaining walls, shall be stabilized with properly engineered stone riprapping or sculptured rock, if necessary, as follows:
        1. a.
          Stone riprapping shall be hand-placed on the slope.
        2. b.
          The stabilizing material used shall blend with the natural appearance of the site or lot and its surrounding terrain.
        3. c.
          Unless otherwise approved by the Director, vegetation retention and revegetation shall be used in conjunction with riprapping.
      4. 11.
        Natural Areas. The intent of natural areas is to provide for retention of hillside areas in their natural state. The density and site disturbance shall be transferred to other portions of a site. Specific criteria for natural areas includes:
        1. a.
          Natural areas shall be at least one-half acre in size or immediately adjacent or contiguous to other land also designated as a permanent natural area that, in the aggregate, totals at least one-half acre in size.
        2. b.
          Site disturbance other than approved hiking trails shall not be permitted within the geographical area of a natural area.
        3. c.
          The natural area shall be delineated in a surveyable manner on the tentative and final maps of a subdivision or on any development plan required for development other than a subdivision and shall be designated by legal description on a document recorded with the Clark County Recorder for lot division.
        4. d.
          Natural areas that are also considered drainage shall have associated setbacks to protect adjacent lots or other improvements from erosion.
        5. e.
          Natural areas may be designated as a deed-restricted portion of a privately owned lot or as a separate parcel. Such parcel may be under the ownership of a property owners’ association or deeded to any organization that accepts responsibility for the perpetual preservation and maintenance of the natural area, subject to approval and acceptance by the City. To protect the natural areas, covenants that run with the land shall be recorded in favor of the City and of all owners with record interest in the natural area. Any covenant for the deed-restricted portion of the natural area must be filed/recorded with the County Recorder before or concurrently with the filing/recording of the final map. Should civil improvement drawings reveal that land within the deed-restricted area will have to be disturbed, then the final map and deed restriction must be amended such that an equal or greater amount of deed-restricted area results from the amendment.
        6. f.
          Prior to issuance of a grading permit, natural areas must be identified with survey stakes and temporary fencing shall be installed where they abut construction areas in order to prevent encroachment into the natural areas.
        7. g.
          Disturbed areas that are restored shall not be considered natural areas. Designated natural areas that are inadvertently disturbed must be restored to their natural condition.
      5. 12.
        Wall Standards. The intent of wall standards is to reduce the visual impact of screening and retaining methods used on hillside developments. Specific criteria for design includes:
        1. a.
          The maximum combined height of retaining walls is 36 feet, subject to the following specific requirements:
          1. i.
            Masonry and poured reinforced concrete walls: for each six feet of vertical height, a six-foot horizontal offset shall be provided. See Figure 19.8.4-C, Masonry Walls.
          2. ii.
            Mortarless, and groutless concrete, and rock walls: for each 18-foot vertical maximum height a six-foot horizontal offset shall be provided. See Figure 19.8.4-D, Mortarless and Rock Retaining Walls.
          3. iii.
            A horizontal distance of 42 feet is required before another wall may begin unless otherwise approved through the Planned Unit Development (PUD) or Waiver of Standards process.
          4. iv.
            Offsets between walls must be sloped and include swales so that nuisance water flows do not overtop the wall.
          5. v.
            Offsets between the walls must be landscaped with desert native landscaping. Landscaping must be approved by the Director.
    FIGURE 19.8.4-C, MASONRY WALLS
    Specifications for masonry walls
    FIGURE 19.8.4-D, MORTARLESS AND ROCK RETAINING WALLS
    Specifications for mortarless and rock retaining walls
    1.  
      1.  
        1. b.
          Walls shall conform to the topography of the site.
        2. c.
          Walls with a change in alignment shall, to the greatest practical extent, incorporate the use of graduating steps rather than sharp corners.
        3. d.
          Walls shall either incorporate the use of native materials or be earth-tone colors to match the native soils. All walls must be varnished/stained unless it can be demonstrated to the satisfaction of the Director that revarnishing would not fulfill the intent of this subsection.
        4. e.
          The use of wrought iron or other similar open materials is encouraged for security walls, such as for pools. The attachment of wrought iron to the top of masonry walls is subject to review and approval by the Public Works Director.
        5. f.
          Perimeter walls shall be permitted around the entire lot or parcel.
        6. g.
          Perimeter walls shall not exceed a maximum height of 32 inches solid block and 40 inches wrought iron or a maximum of 72 inches wrought iron and no solid block.
        7. h.
          Poured reinforced concrete retaining walls shall not have a smooth surface but shall have an exterior decorative finish with a design or pattern simulating the appearance and color of the natural desert landscape.
      2. 13.
        Color. For land subdivided by a tentative map/planned unit development and final map, as well as multifamily, commercial, industrial, public and semipublic uses, development within sensitive ridgeline setbacks and zoning approvals granted in accordance with the MP overlay district, all exposed exterior walls and roofs of structures, retaining walls, and accessory structures except satellite dishes, shall be colored to blend with the overall character of the desert environment.

        The intent of this requirement is that existing single-family lots and single-family lots created by parcel maps or tentative maps (not planned unit developments) and final maps that are not within sensitive ridgeline setbacks be exempt from this color requirement.

      3. 14.
        Buildings Materials. Reflective building materials (mirror finished glass and mirror finished doors) shall not be permitted.
      4. 15.
        Buildings Roofs. Buildings with sloped roofs shall have roof slopes approximately parallel to the natural slope of the land.
      5. 16.
        Building Pad. Stepping floor elevations shall be utilized to avoid massive building forms and surfaces that contrast with the surrounding terrain.
    FIGURE 19.8.4-E, BUILDING SET INTO STEEP HILLSIDE
    Specifications for building on a hillside
    FIGURE 19.8.4-F, STEPPED BUILDING
    Specifications for building on a hillside
    FIGURE 19.8.4-G, RETAINING WALL WITHIN STRUCTURE
    Specifications for retaining wall within a structure
    1.  
      1. 17.
        Usable yard area. All single-family detached lots within the H overlay district shall be exempt from the slope and grading standards in this Code as they relate to usable yard area.
      2. 18.
        Mechanical Equipment, Residential. All external mechanical equipment shall be ground-mounted and screened. Additionally, required vents shall be architecturally compatible with the structure.
      3. 19.
        Mechanical Equipment, Non-Residential. All external mechanical equipment shall either be located in a mezzanine or ground-mounted and screened. Additionally, buildings utilizing a flat roof shall provide a parapet one foot above the highest required vent, and the vents shall be architecturally compatible with the structure.
      4. 20.
        Landscaping. These requirements shall apply to those areas outside of the designated revegetated areas in accordance with the Hillside Restoration Plan. For land subdivided by a tentative map, as well as for all uses other than single family residential, development within sensitive ridgeline setbacks, and zoning approvals granted in accordance with the MP or PUD overlay, landscaping within the hillside development area shall be as follows:
        1. a.
          Plant materials shall be those per the Arizona Nursery Association and the Southern Nevada Water Authority (SNWA) Water Smart Landscapes Program Plant List or as specified by the Director.
        2. b.
          Any installation of new natural turf grass is prohibited. Existing natural turf grass shall comply with HMC Title 14, and in no case shall existing natural turf areas violate applicable water conservation standards in effect at the time of development approval; additionally, turf grass areas shall be located within an enclosed area and not be visible from a lower elevation. Public or private parks and golf courses shall be exempt from this requirement.
        3. c.
          Golf courses shall be subject to the following landscaping criteria:
          1. i.
            A maximum of five acres of natural turf area per hole, to include a driving range, shall be permitted.
          2. ii.
            Site disturbance shall be calculated based upon Table 19.8.4-1.
          3. iii.
            Site disturbance may be transferred to areas of greater slope provided site disturbance in the higher slope area shall not exceed 50 percent.
          4. iv.
            Cuts and fills shall be regulated per this Code.
          5. v.
            The intent of this requirement is that existing single-family lots and single-family lots created by parcel maps, a tentative map (not planned unit development), and a final map that are not located within sensitive ridgeline setbacks be exempt from landscaping requirements.
      5. 21.
        Improvements. All requirements and standards pertaining to public or private streets, alleys, easements, driveways, drainage, sidewalks, curbs and gutters, curb cuts, fire hydrants, sewage, underground utility services, water supply, erosion control, monuments, and streetlighting shall be as prescribed by this Code.
        1. a.
          Water (Utility Services Department). Except as noted, all water systems shall be designed in accordance with the Uniform Design and Construction Standards for Water Distribution Systems, Clark County, and the Uniform Standard Specifications for Public Works Construction, Clark County Area.
        2. b.
          Water (Fire Department)
          1. i.
            Water System Design Flow. The water mains and the distribution system shall be designed to deliver a minimum residual pressure of 20 pounds per square inch (psi) at the fire hydrants in service during maximum day demand plus the required fire flow demand. Minimum fire flow shall be as prescribed by the Fire Code. The system shall be designed in accordance with the requirements of the Department of Utility Services and the Fire Department and assessed on a case-by-case basis. The system shall be designed to provide a minimum of 40 psi at the finish floor elevation of the structure during peak hour conditions without fire flow. A maximum pressure delivery at the point of service shall not exceed 120 psi.
          2. ii.
            Building Fire Sprinkler Systems. All buildings shall be provided with an approved automatic fire sprinkler system in accordance with the Fire Code. The onsite private water system design shall accommodate the requirements for building fire sprinkler systems. The building fire sprinkler system shall meet City requirements, in addition to the Fire Code requirements. (Based upon steeper road grades, reduced roadway design speeds, reduced roadway width, longer dead-ends and cul-de-sacs, reduced water system design requirements, and relaxed secondary access requirements, the response time for emergency vehicles is increased above that of conventional development patterns within the City. Given the increased response time, a Request for Code Modification to eliminate the building sprinkler system is subject to review and approval by Building and Fire Safety.)
          3. iii.
            Water Main Sizes. Residential water main sizes shall be as required by the Department of Utility Services. If minimum fire-flow requirements are met, water main extensions may not be required to be looped.
          4. iv.
            Fire Hydrant Branch Lines. Fire hydrant branch lines shall be set at right angles to street mains. The hydrant shall be set at the end of the branch line and shall face the branch. No horizontal or vertical bends or reducers shall be used in installing fire hydrant branch lines unless specifically approved by the City. Under no circumstances shall any size or manner of tap be made on a fire hydrant branch line.
          5. v.
            Fire Hydrant Location and Distribution. The number and spacing of fire hydrants shall meet the approval of the Fire Department.
        3. c.
          Wastewater Collection Treatment. Wastewater collection systems shall be designed in accordance with the latest edition of the Design and Construction Standards for Wastewater Collection Systems, Clark County.
        4. d.
          Drainage Design. Drainage facilities shall be designed to maintain the natural run-off characteristics to the maximum practical extent. In the event that rear- and side-lot drainage facilities are utilized, all such facilities shall be designed in accordance with the Clark County Regional Flood Control District Hydrologic Criteria and Drainage Design Manual. Private drainage facilities and easements shall be privately maintained.
        5. e.
          Roadways
          1. i.
            All roadways, public or private, shall be designed according to the standards of this ordinance, AASHTO requirements, and the approved traffic study. The standards are also intended to supplement the Public Works Department Plan Review Guidelines. Roadways should be located such that impacts to the natural environment are avoided. They should follow the topography of the area to minimize grading cuts and fills. Curvilinear horizontal alignments and gently rolling profiles consistent with the natural topography will minimize unnecessary site disturbance. Significant features, such as rock outcroppings, should be avoided.
          2. ii.
            The standards in Table 19.8.4-3, Roadway Standards in the H Overlay District, shall apply to roadways in the H overlay district.
    TABLE 19.8.4-3 ROADWAY STANDARDS IN THE H OVERLAY DISTRICT
    Item #FeatureRequired Standard
    1Right-of-way42 feet (no parking or parking on side); see Figures 19.8.4.I & 19.8.4.J
    45 feet (parking on both sides); see Figure 19.8.4.K
    2Travel lanes2
    3Face-of-curb or flowline dimension24 feet (no on-street parking)
    28 feet (parking on one side)
    36 feet (parking on both sides)
    4CurbingCurbing shall be required; curb type shall be as approved by the Public Works Director
    5Design speed20 miles per hour
    6Stopping site distance125 feet
    7Site distance (intersections)200 feet
    8 & 9Minimum center line radius180 feet without super-elevation
    140 feet with 2 percent super-elevation
    10Minimum vertical curve length100 feet
    11Maximum cross-slope in curve4%
    12Minimum grade0.5% for L curb, 0.8% for rolled curb, unless otherwise approved by the Public Works Director
    13Maximum grade15%
    14Maximum grade lengthOption A (within any given mile)9% = 3,180 feet
    9-12% = 1,400 feet
    12-15% = 700 feet
    Option B8% average, never to exceed 15%
    15Vertical clearance13 feet 6 inches
    16Sidewalks4-foot walk on one side of the street
    17Cul-de-sacsRadius: 45 feet measured to the face-of-curb
    18Vertical curvesRequired if grade difference exceeds 1 percent
    19Grade changeMaximum of 6% change over 25 feet
    20Roadway aprons2 percent maximum slope measured 4 feet from the back-of-curb on both sides of street
    21Right-of-way slope3 feet horizontal for 1 foot vertical behind the roadway apron and within the right-of-way
    22Cross-slopes4 percent
    23Street lightingIntersections and other locations for public safety as required by the Public Works Department
    24Intersection spacing200 feet, measured center line to center line
    TABLE 19.8.4-3 ROADWAY STANDARDS IN THE H OVERLAY DISTRICT
    Item #FeatureRequired Standard
    1Right-of-way42 feet (no parking or parking on side); see Figures 19.8.4.I & 19.8.4.J
    45 feet (parking on both sides); see Figure 19.8.4.K
    2Travel lanes2
    3Face-of-curb or flowline dimension24 feet (no on-street parking)
    28 feet (parking on one side)
    36 feet (parking on both sides)
    4CurbingCurbing shall be required; curb type shall be as approved by the Public Works Director
    5Design speed20 miles per hour
    6Stopping site distance125 feet
    7Site distance (intersections)200 feet
    8 & 9Minimum center line radius180 feet without super-elevation
    140 feet with 2 percent super-elevation
    10Minimum vertical curve length100 feet
    11Maximum cross-slope in curve4%
    12Minimum grade0.5% for L curb, 0.8% for rolled curb, unless otherwise approved by the Public Works Director
    13Maximum grade15%
    14Maximum grade lengthOption A (within any given mile)9% = 3,180 feet
    9-12% = 1,400 feet
    12-15% = 700 feet
    Option B8% average, never to exceed 15%
    15Vertical clearance13 feet 6 inches
    16Sidewalks4-foot walk on one side of the street
    17Cul-de-sacsRadius: 45 feet measured to the face-of-curb
    18Vertical curvesRequired if grade difference exceeds 1 percent
    19Grade changeMaximum of 6% change over 25 feet
    20Roadway aprons2 percent maximum slope measured 4 feet from the back-of-curb on both sides of street
    21Right-of-way slope3 feet horizontal for 1 foot vertical behind the roadway apron and within the right-of-way
    22Cross-slopes4 percent
    23Street lightingIntersections and other locations for public safety as required by the Public Works Department
    24Intersection spacing200 feet, measured center line to center line
    TABLE 19.8.4-3 ROADWAY STANDARDS IN THE H OVERLAY DISTRICT
    Item #FeatureRequired Standard
    1Right-of-way42 feet (no parking or parking on side); see Figures 19.8.4.I & 19.8.4.J
    45 feet (parking on both sides); see Figure 19.8.4.K
    2Travel lanes2
    3Face-of-curb or flowline dimension24 feet (no on-street parking)
    28 feet (parking on one side)
    36 feet (parking on both sides)
    4CurbingCurbing shall be required; curb type shall be as approved by the Public Works Director
    5Design speed20 miles per hour
    6Stopping site distance125 feet
    7Site distance (intersections)200 feet
    8 & 9Minimum center line radius180 feet without super-elevation
    140 feet with 2 percent super-elevation
    10Minimum vertical curve length100 feet
    11Maximum cross-slope in curve4%
    12Minimum grade0.5% for L curb, 0.8% for rolled curb, unless otherwise approved by the Public Works Director
    13Maximum grade15%
    14Maximum grade lengthOption A (within any given mile)9% = 3,180 feet
    9-12% = 1,400 feet
    12-15% = 700 feet
    Option B8% average, never to exceed 15%
    15Vertical clearance13 feet 6 inches
    16Sidewalks4-foot walk on one side of the street
    17Cul-de-sacsRadius: 45 feet measured to the face-of-curb
    18Vertical curvesRequired if grade difference exceeds 1 percent
    19Grade changeMaximum of 6% change over 25 feet
    20Roadway aprons2 percent maximum slope measured 4 feet from the back-of-curb on both sides of street
    21Right-of-way slope3 feet horizontal for 1 foot vertical behind the roadway apron and within the right-of-way
    22Cross-slopes4 percent
    23Street lightingIntersections and other locations for public safety as required by the Public Works Department
    24Intersection spacing200 feet, measured center line to center line
    TABLE 19.8.4-3 ROADWAY STANDARDS IN THE H OVERLAY DISTRICT
    Item #FeatureRequired Standard
    1Right-of-way42 feet (no parking or parking on side); see Figures 19.8.4.I & 19.8.4.J
    45 feet (parking on both sides); see Figure 19.8.4.K
    2Travel lanes2
    3Face-of-curb or flowline dimension24 feet (no on-street parking)
    28 feet (parking on one side)
    36 feet (parking on both sides)
    4CurbingCurbing shall be required; curb type shall be as approved by the Public Works Director
    5Design speed20 miles per hour
    6Stopping site distance125 feet
    7Site distance (intersections)200 feet
    8 & 9Minimum center line radius180 feet without super-elevation
    140 feet with 2 percent super-elevation
    10Minimum vertical curve length100 feet
    11Maximum cross-slope in curve4%
    12Minimum grade0.5% for L curb, 0.8% for rolled curb, unless otherwise approved by the Public Works Director
    13Maximum grade15%
    14Maximum grade lengthOption A (within any given mile)9% = 3,180 feet
    9-12% = 1,400 feet
    12-15% = 700 feet
    Option B8% average, never to exceed 15%
    15Vertical clearance13 feet 6 inches
    16Sidewalks4-foot walk on one side of the street
    17Cul-de-sacsRadius: 45 feet measured to the face-of-curb
    18Vertical curvesRequired if grade difference exceeds 1 percent
    19Grade changeMaximum of 6% change over 25 feet
    20Roadway aprons2 percent maximum slope measured 4 feet from the back-of-curb on both sides of street
    21Right-of-way slope3 feet horizontal for 1 foot vertical behind the roadway apron and within the right-of-way
    22Cross-slopes4 percent
    23Street lightingIntersections and other locations for public safety as required by the Public Works Department
    24Intersection spacing200 feet, measured center line to center line
    1.  
      1.  
        1.  
          1. iii.
            The following street cross section designs are allowed for interior subdivision streets in the H overlay district.
    FIGURE 19.8.4-H, Road Configuration in H Overlay District with No On-Street Parking
    Specifications for road configuration with no streets

    FIGURE 19.8.4-I, ROAD CONFIGURATION IN H OVERLAY DISTRICT WITH PARKING ON ONE SIDE OF THE STREET

    (May Only Be Used For Single-loaded Streets/Streets With

    Houses On Only One Side)

    Specifications for road configuration with parking on one side of street
    FIGURE 19.8.4-J, ROAD CONFIGURATION IN H OVERLAY DISTRICT WITH PARKING ON BOTH SIDES OF THE STREET
    Specifications for road configuration with parking on both sides of street
    1.  
      1.  
        1. f.
          Driveways. For the purposes of this section, driveways are private drives providing access from a roadway to a home or homes.
          1. i.
            A maximum of four homes are permitted per driveway.
          2. ii.
            Additional driveways to a single residence, including circular driveways, may be permitted provided they do not adversely disrupt the surrounding environment, subject to Public Works Director approval.
          3. iii.
            Driveways shall meet the criteria in Table 19.8.4-4, Driveway Configuration in the H Overlay District:
    TABLE 19.8.4-4, DRIVEWAY CONFIGURATION IN THE H OVERLAY DISTRICT
    TypeMin. Width (ft.)Max. Width (ft.)Max. Grade (%)Shoulder Width (ft.)
    Driveway serving a single residence1420145 (both sides)
    Driveway serving multiple residences2024
    TABLE 19.8.4-4, DRIVEWAY CONFIGURATION IN THE H OVERLAY DISTRICT
    TypeMin. Width (ft.)Max. Width (ft.)Max. Grade (%)Shoulder Width (ft.)
    Driveway serving a single residence1420145 (both sides)
    Driveway serving multiple residences2024
    TABLE 19.8.4-4, DRIVEWAY CONFIGURATION IN THE H OVERLAY DISTRICT
    TypeMin. Width (ft.)Max. Width (ft.)Max. Grade (%)Shoulder Width (ft.)
    Driveway serving a single residence1420145 (both sides)
    Driveway serving multiple residences2024
    TABLE 19.8.4-4, DRIVEWAY CONFIGURATION IN THE H OVERLAY DISTRICT
    TypeMin. Width (ft.)Max. Width (ft.)Max. Grade (%)Shoulder Width (ft.)
    Driveway serving a single residence1420145 (both sides)
    Driveway serving multiple residences2024
    1.  
      1.  
        1.  
          1. iv.
            Driveways greater in length than 150 feet shall comply with the Fire Code and Fire Department guidelines for hillside driveways.
          2. v.
            Additional safety measures may be needed and will be reviewed on a case-by-case basis.
      2. 22.
        Homeowners’ Association. Each Hillside Development Plan that provides for private streets or improvements, common open space, perimeter landscaping, or natural areas shall establish and maintain a homeowners’ association. The association shall be responsible for the maintenance and upkeep of all private streets and improvements as well as all common open space, perimeter landscaping, and natural areas.
      3. 23.
        Sensitive Ridgeline Development.
        1. a.
          Sensitive Ridgeline Setback. All development, excluding perpendicular road crossings, is subject to a 100-foot setback from each sensitive ridgeline as depicted on the Hillside Regulation Map. The 100-foot setback is measured horizontally on each side of the center of the ridgeline. The applicant shall designate the sensitive ridgeline setback area as a natural area in accordance with HMC Subsection 19.8.4.H.11, Natural Areas, above.
        2. b.
          Transfer of Development Outside Sensitive Ridgeline Setback. Hillside Development Plans that include property within a sensitive ridgeline setback are permitted transfer of density and site disturbance outside the area of a sensitive ridgeline setback.
          1. i.
            Calculate density and site disturbance per HMC Subsection 19.8.4.H.2, Density Allocation and Maximum Site Disturbance, above, for the area within the sensitive ridgeline setback.
          2. ii.
            Transfer all density and site disturbance outside the sensitive ridgeline setback.
          3. iii.
            Designate the sensitive ridgeline setback area as a natural area in accordance with HMC Section 19.8.4.H.11, Natural Areas, above.
          4. iv.
            All transfers must occur within the subject property. Transfers cannot be to any other property that is not a part of a Hillside Development Plan.
        3. c.
          Development Within Sensitive Ridgeline Setback. Residential development on preexisting lots of record created on or before July 1, 1997, not being further subdivided are subject to the following:
          1. i.
            Split-pad design shall be utilized.
          2. ii.
            Maximum building height shall not exceed 25 feet.
          3. iii.
            Building material color to include walls shall match the natural colors found on the lot or parcel.
          4. iv.
            The slope of all roofs shall be the same as the natural slope of the property.
      4. 24.
        Findings of Fact. In approving any development proposal the Commission or Council must find that the proposed project:
        1. a.
          Preserves the integrity of and locates development within the least impact upon sensitive peaks and ridges, or any other significant topographical feature designated on the existing conditions report per HMC Subsection 19.8.4.D, above.
        2. b.
          Minimizes grading and site disturbance.
        3. c.
          Locates development compatibly with the natural terrain.
        4. d.
          Provides for adequate drainage, protects downstream properties, and minimizes erosion.
        5. e.
          Provides for development standards in excess or equal to those required by this ordinance.
        6. f.
          Provides for adequate revegetation.

        These findings are in addition to any other applicable findings required by this Code.​

      5. 25.
        Application Requirements. Each application for approval of a Hillside Development Plan shall be initiated by all property owners or their authorized agent. The form of the application and submittal requirements including additional submittal requirements required by the hillside checklist shall be as established by the Director.
      6. 26.
        Amendments to Approved Hillside Development Plans
        1. a.
          Any request for amendment to an approved Hillside Development Plan that increases the number of dwelling units, decreases or relocates common open space or natural areas, alters road patterns, changes the types of structures, increases the building area, changes the types and offsets of retaining walls, or results in a request for new waivers shall be initiated and processed as a new application.
        2. b.
          Minor amendments, as determined by the Director, including revisions to site plans or architecture proposed in response to conditions of approval, may be approved administratively.
        3. c.
          An application to approve additional area or annexation of property with a slope in excess of 15 percent in the H overlay district shall be initiated by the Director or by property owners or an authorized agent. If the property is not under a single ownership and all owners agree to the proposed development, then all owners shall join the application. A map showing the extent of ownership and the proposed area for inclusion within the H overlay district shall be submitted with the application. Procedures for an amendment shall be initiated in the same manner as a new application for zoning.
      7. 27.
        Exemptions.
        1. a.
          Any approved MP as defined by HMC Section 19.6.4.D, and any subdivision, as defined by NRS 278.320, that lies within all or part of the H overlay district and has received Council approval of development standards for the entire master plan through a zoning action or has tentative and final maps approved prior to enactment of this Code may be developed in compliance with the conditions and waivers as approved without regard for this Code.

    (Ord. # 3954, 04/18/2023) 

    Effective on: 4/21/2023

    19.8.5 Master Plan Development Overlay District

  • A.
    Purpose. The specific purposes of the Master Plan Development (MP) overlay district are to:
    1. 1.
      Ensure orderly planning for the development of large, unsubdivided lots of the City within limited-service areas, and in other developing areas, consistent with the Comprehensive Plan;
    2. 2.
      Maintain an environmental equilibrium consistent with exiting vegetation, wildlife habitat, soils, geology, topography, and drainage patterns, and protect sensitive natural resources;
    3. 3.
      Avoid premature or inappropriate development that would result in incompatible uses or create public service demands or traffic exceeding the capacity of existing or planned facilities;
    4. 4.
      Encourage innovative and sensitive site planning and universal design with high levels of landscaping and various site amenities;
    5. 5.
      Ensure adequate and equitable provision of open space, recreational facilities, and other community amenities for residents of all ages;
    6. 6.
      Encourage high-quality structures in terms of design, materials, and layout;
    7. 7.
      Ensure that all modes of transportation links are maintained and enhanced with adjacent developments and other areas in the City; and
    8. 8.
      Accommodate neo-traditional designs.
  • B.
    Applicability. The MP overlay district may apply to any area over 50 acres in size, unless otherwise approved by the Council. The MP overlay district may be combined with any base zoning district.
  • C.
    Zoning Map Designation. Each MP overlay district shall be shown on the zoning map by adding a symbol to indicate the overlay district zoning and shall be shown in written form by adding a designator (“MP”) to the base zoning district designation.
  • D.
    Specific Standards.
    1. 1.
      Modifications. Unless expressly modified in an approved master development plan, the otherwise applicable regulations of this Code apply within a MP overlay district, including the use, intensity, and the subdivision design and improvement standards. A development standards document is required for all proposals with modifications to Code regulations, and for all proposals in the MR district. No land division in an area subject to an MP shall be permitted without an approved master development plan. The Commission may recommend, and the Council approve a master development plan including lots smaller than those required by the base zoning district. Restrictions on the number of dwelling units permitted shall be recorded with a subdivision map prior to issuance of a grading permit.
    2. 2.
      Park Acreage. Park acreage shall be provided at a minimum of 5.5 acres per 1,000 residents in every MP overlay district.
  • E.
    Use Regulations. Land use regulations shall be the same as those in the base zoning district within which the MP overlay district is applied. No new or expanded use may be approved unless a master development plan has been approved. To promote mixed-use development, commercial and residential uses may be combined in any plan, site, or building.
  • F.
    Required Plans and Materials. Each MP master development plan shall set forth a land use and circulation system concept that is consistent with the traffic-carrying capacity of surrounding streets, compatible with the environment, and capable of being served by existing and planned public facilities and utilities. Submittal requirements and exhibits shall be the same as a planned unit development application, except that a tentative map shall only be required for an accompanying subdivision or planned unit development.
  • G.
    Specific Procedures.
    1. 1.
      Initiation.
      1. a.
        The MP overlay district may be initiated by the Council, Commission, or by a petition of property owners consistent with this Subsection. If the property is not under a single ownership and all owners agree to the proposed development, all owners shall join the application, and a map showing the extent of ownership shall be submitted within the application, if applicable.
      2. b.
        Applications to amend zoning or conditions that are part of an approved MP shall be initiated by the master developer. If there is no master developer with an interest remaining at the time of the amendment, then the authorized representative(s) of the property owner’s association, the owner of the property in question, or the City may initiate an application.
    2. 2.
      Approval of a Master Development Plan. The review and approval procedures for a master development plan are established in HMC Sections 19.21.5 and 19.21.6. In order to approve a master development plan, the Council must make the same findings as are required for a planned unit development.
    3. 3.
      Amendments to Adopted Master Development Plan. Amendments to adopted master development plans shall be processed as zoning map amendments consistent with the procedures in HMC Sections 19.21.4, 19.21.5, and 19.21.6.
    4. 4.
      Development Plan Review. Plans shall be accepted for design review under HMC Chapter 19.24, Design Review, and may be administratively approved only if they are consistent with an approved master development plan, a master sign plan (if required), and all the other applicable requirements of this Code.
  • Effective on: 1/1/1901

    19.8.6 Planned Unit Development Overlay District

  • A.
    Purpose. The Planned Unit Development (PUD) overlay district is intended to encourage innovative land planning and site design concepts that achieve a high level of environmental sensitivity, energy and water efficiency, aesthetics, high-quality development and other healthy and livable community goals by:
    1. 1.
      Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for individual lots;
    2. 2.
      Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities;
    3. 3.
      Promoting quality urban design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land uses;
    4. 4.
      Requiring compliance with development standards that reflect the high level of public investment in adjoining lands; and
    5. 5.
      Accommodating Traditional Neighborhood Development.
  • B.
    Developer’s Statement of Intent. Each application for approval of a PUD shall include a statement by the applicant describing how the proposed development departs from the otherwise applicable standards of this Code and how the proposed development is an improvement over what would otherwise be required by applicable development regulations.
  • C.
    Specific Standards. The standards of this Subsection apply to all PUDs unless otherwise expressly provided.
    1. 1.
      Size. There is no minimum or maximum size requirement for PUDs.
    2. 2.
      Density. The maximum residential density allowed within a PUD shall be that of the base zoning district.
    3. 3.
      Setbacks. Setbacks shall be provided consistent with the underlying base zoning district unless another minimum setback is expressly approved as part of a PUD.
    4. 4.
      Signs. Unless otherwise expressly provided in this Code, PUDs are subject to the sign regulations in HMC Chapter 19.13, Signs.
    5. 5.
      Landscaping. Unless otherwise expressly provided in this Code, PUDs are subject to the landscaping and buffer regulations in HMC Chapter 19.11, Landscaping Standards.
    6. 6.
      Parking. PUDs are subject to the off-street parking and loading standards in HMC Chapter 19.12, Parking and Loading Standards.
    7. 7.
      Common Open Space.
    8. 8.
      Minimum Requirements. All PUDs that include residential dwelling units shall provide common open space consistent with HMC Section 19.10.10, Open Space.
    9. 9.
      Management. A PUD that includes common open space shall be subject to NRS 278A.130 to 278A.190, inclusive.
  • D.
    Use Regulations.
    1. 1.
      Residential Base Zoning Districts. The following uses may be allowed if approved as part of a PUD that is located in a residential base zoning district, so long as the use is permitted in the underlying base district:
      1. a.
        Detached and attached single-family homes (including mobile and modular homes in trailer estates as established in HMC Chapter 9, Use Regulations);
      2. b.
        Multifamily residences, including multi-story residential structures;
      3. c.
        Day care, including limited, large-family, and general facilities;
      4. d.
        Religious assembly;
      5. e.
        Accessory buildings and structures;
      6. f.
        Circulation and parking facilities including lots and garages supporting the PUD;
      7. g.
        Signs including public and private street identification signs;
      8. h.
        Streetlighting and street furniture;
      9. i.
        Underground utilities; and
      10. j.
        Other residential and supporting uses expressly approved as part of the PUD.
    2. 2.
      Nonresidential Base Zoning Districts. Only uses permitted in the underlying base zoning district are allowed in PUDs that are located in nonresidential base zoning districts.
  • E.
    Specific Procedures.
    1. 1.
      Review and Approval. The review and approval procedures for PUDs are established in HMC Sections 19.21.5 and 19.21.6.
    2. 2.
      Waivers to Standards. Unless otherwise expressly allowed by this Section and approved by the Council during the PUD approval process, PUDs are subject to all applicable standards of this Code, including those of the underlying base zoning district. In order to approve waivers of otherwise applicable standards, the Council must find that the waiver request complies with HMC Section 19.23, Waiver of Standards.
  • Effective on: 1/1/1901

    19.8.7 Redevelopment Overlay District

  • A.
    Purpose. The purpose of the Redevelopment (RD) overlay district is to ensure that redevelopment within designated areas is consistent with all applicable Henderson Redevelopment Plans dated October 4, 1995, and as amended by Council, as well as the Downtown Master Plan and Eastside Investment Strategy, as applicable.
  • B.
    Applicability.
    1. 1.
      Provisions of the RD overlay district apply to all development within the RD boundary.
    2. 2.
      Except as otherwise specified in the Redevelopment Plan, allowable land uses and land use restrictions of the underlying base zoning district apply.
  • C.
    Redevelopment Overlay District Boundary. The RD overlay district shall be the boundary of the City’s redevelopment area, as depicted in the adopted Henderson Redevelopment Plan on the map entitled, “Redevelopment Area,” and as amended by the Council.
  • D.
    Zoning Map Designator. Each RD overlay district shall be shown on the zoning map by adding a symbol to indicate the overlay district zoning and shall be shown in written form by adding a designator (“RD”) to the base zoning district designation.
  • E.
    Required Plans and Materials. Each application submitted in compliance with requirements of this Section for review by the Director shall include the same exhibits as required for a design review application, as well as any additional information required by the Director for thorough review of the application.
  • F.
    Application Review.
    1. 1.
      Each application for development within the RD overlay district shall be subject to the redevelopment area review procedures of Table 19.18.2-1, Review Procedures and Decision-Making Responsibilities.
    2. 2.
      The Director shall review each request, obtain Redevelopment Agency advice when appropriate, and make written findings consistent with provisions established in the Redevelopment Plan, Downtown Master Plan, and Eastside Investment Strategy, as applicable.
    3. 3.
      If the Director finds the proposed project to be in compliance with the Redevelopment Plan and applicable provisions from the Downtown Master Plan and Eastside Investment Strategy, the applicant shall then apply for design review and any other approvals required for the project under this Code.
    4. 4.
      If the Director does not find the project in compliance, the applicant shall either withdraw the application, redesign the project to comply or appeal the Director’s decision to the Henderson Redevelopment Agency.
    5. 5.
      If the Redevelopment Agency upholds the applicant’s appeal, the applicant shall then apply for design review and any other approvals required for the project under this Code.
  • G.
    Redevelopment Regulations Adopted, Amendments. Amendments to the Redevelopment Plan shall be initiated and processed consistent with NRS 279.
  • Effective on: 1/1/1901

    19.8.8 Rural Neighborhood Overlay District

  • A.
    Purpose. The intent of the Rural Neighborhood (RN) overlay district is to preserve the rural character of the designated rural neighborhoods by identifying and maintaining the density unique to each of the rural neighborhoods in the City that have some or all of the following characteristics:
    1. 1.
      Populated by residents with common interests in more open-space lifestyles than experienced in urban neighborhoods;
    2. 2.
      Custom-built homes;
    3. 3.
      No mandatory CC&Rs or homeowners’ associations;
    4. 4.
      Suitable for keeping and riding horses in a rural residential setting;
    5. 5.
      Trail access to mountainous areas surrounding the City;
    6. 6.
      Residential lots large enough to park boats, horse trailers, and other recreational vehicles behind the front setback line and having enough rear-yard area to construct accessory buildings, stables, tack houses, and other horse-related outbuildings;
    7. 7.
      Residential densities low enough to allow substantially more physical separation between neighboring dwellings than typically found in urbanized areas;
    8. 8.
      Modified pavement sections and few public streetlights and sidewalks; and
    9. 9.
      Less light pollution from fewer residential nighttime activities and house lighting in general.
  • B.
    Applicability. The RN overlay district may only apply to DH, PS, RS-1, and RS-2 districts.
  • C.
    Zoning Map Designator. Each RN overlay district shall be shown on the zoning map by adding a symbol to indicate the overlay district zoning and shall be shown in written form by adding a designator (“RN”) to the base zoning district designation.
  • D.
    Initiation. An application to establish or amend a RN overlay district shall be initiated by a property owner or authorized agent, or by the City. For applications not initiated by the City, and if the properties to be added or removed are not under single ownership, all individual owners must join and sign the application before submittal to the City.
  • E.
    Required Plans and Materials. A map showing the extent of ownership shall be submitted with each application. The application shall adhere to the following standards:
    1. 1.
      Each RN overlay district shall be a minimum affected area of 160 acres or greater and shall include a state-designated rural neighborhood within its boundaries. Exceptions to the size may be approved by Council.
    2. 2.
      Each application shall be consistent with the purposes of this Section.
    3. 3.
      An amendment shall not segment, divide, or create a non-RN island with the RN.
    4. 4.
      All applications shall show the limits of “Rural Preservation” as defined by state statute. Applications may include more area than that defined by state statute.
    5. 5.
      Applicants requesting amendments to the RN overlay district shall demonstrate that the amendment mitigates any potential significant adverse impacts to the rural neighborhood and the City to the maximum practical extent.
    6. 6.
      Undeveloped lands outside City corporate boundaries but adjacent to a rural neighborhood as designated by the City shall be subject to the provisions of this Section upon annexation.
    7. 7.
      Applicants shall hold a neighborhood meeting before applying for a zone change from the City. The meeting shall be conducted at a nearby public facility such as a school, public library, or similar public meeting place. The applicant shall comply with the notification standards set forth in HMC Subsection 19.19.5.D, Public Notice.
  • F.
    Underlying Zoning Districts.
    1. 1.
      Applications for zoning districts other than DH, RS-1, RS-2, or PS shall require removal of the RN overlay district.
    2. 2.
      Applicants requesting to amend the underlying zoning districts on land designated as RN shall have the burden of demonstrating that the zone change will not have significant adverse impacts on other property in the vicinity of the subject amendment.
  • G.
    Specific Standards. The intent of this Subsection is to preserve the rural character of the designated rural neighborhoods by not requiring sidewalks, streetlights, curbs, or gutters on residential streets. The Public Works Director shall retain the authority to modify these standards where conditions require. Except as otherwise stated in this Section, land use regulations shall be those of the base zoning district and the following:
    1. 1.
      Streets. All streets shall conform to the adopted Master Transportation Plan. Intersections with designated rural roads with modified street sections shall comply with Public Works’ specifications. For streets not listed on the adopted Master Transportation Plan, unless full dedication was accepted prior to adoption of this ordinance, the right-of-way on each residential street shall be maintained at 60-foot width, and the improvements therein shall be as follows:
      1. a.
        Each street shall have a pavement width of minimum 32 feet as measured 16 feet respectively on either side of the centerline of right-of-way;
      2. b.
        The remaining right-of-way on either side shall be reserved for equestrian and trail use;
      3. c.
        Revocable or other use permits may be granted in the right-of-way on either side of the pavement;
      4. d.
        Sidewalks shall not be required in the remaining right-of-way; and
      5. e.
        Streetlights shall not be required.
  • FIGURE 19.8.8-A RURAL STREET CROSS-SECTION
    Specifications for a rural street cross-section
    1.  
      1. 2.
        Trails.
        1. a.
          Connectivity and accessibility between trail systems within rural neighborhoods shall be provided and consideration for trailhead sites shall be given, where feasible.
        2. b.
          Trailheads shall be located in a manner that will direct vehicular traffic onto arterial roadways rather than imposing on rural neighborhood streets, where feasible.
    2. H.
      Uses. The intensity and impacts of the following uses could be detrimental to the intent of the RN overlay district. Therefore, these uses are not permitted in the RN overlay district.
      1. 1.
        Facility for Transitional Living for Released Offenders
      2. 2.
        Airport or Landing Strip
      3. 3.
        Cemetery
      4. 4.
        Club or Lodge
      5. 5.
        Community Food Service
      6. 6.
        Cultural Institution
      7. 7.
        Day Care Center
      8. 8.
        Detention Facility
      9. 9.
        Employment and Training Center, Non-Profit
      10. 10.
        Heliport
      11. 11.
        Hospital
      12. 12.
        Institutional Housing - Group Living - General
      13. 13.
        Institutional Housing - Supportive Housing
      14. 14.
        Public Safety Facility
      15. 15.
        Wireless communication towers, non-stealth
      16. 16.
        Vocational School
      17. 17.
        Youth Drop-In Centers
      18. 18.
        Cinema/Theatre
      19. 19.
        Indoor Sports, Recreation, and Entertainment
      20. 20.
        Restaurant with Bar
      21. 21.
        Emergency Healthcare Facility
      22. 22.
        Farmer's Markets
      23. 23.
        Funeral and Interment Service
      24. 24.
        Instructional Service
      25. 25.
        Office - Medical
      26. 26.
        Cogeneration Power Plant
      27. 27.
        Maintenance Services Facility
      28. 28.
        Agriculture - Animal Production
      29. 29.
        Agriculture - Crop Production
      30. 30.
        Urban Agriculture - Market Garden
    3. I.
      Compatibility. The following uses have additional compatibility requirements to reduce negative impacts on the rural characteristics of the neighborhood.
      1. 1.
        Religious Assembly uses and Schools:
        1. a.
          Shall directly access one of the following streets: Serene Avenue, Athens Avenue, Magic Way, Burkholder Boulevard, Pueblo Boulevard, Warm Springs Road between Racetrack Road and Pueblo Boulevard, Racetrack Road between Warm Springs Road and Burkholder Boulevard, College Drive, Greenway Road, Mission Drive, Equestrian Drive, Wagonwheel Drive, Foothills Drive, or Appaloosa Road.
        2. b.
          Should demonstrate compatibility with the adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, parking, lighting, noise, odor, dust, and other external impacts).
        3. c.
          The number of events/services and number of attendees per event/service should not create negative impacts on the neighborhood.
    4. J.
      Exceptions.
    5.  
      1. 1.
        If a conflict occurs between the provisions set forth in this Section and an approved neighborhood plan as defined by the Comprehensive Plan, the neighborhood plan shall control.

    (Ord. # 3954, 04/18/2023; Ord. # 3987, 09/05/2023; Ord. # 4010, 03/05/2024)

    Effective on: 3/8/2024

    19.8.9 Sensitive Lands Overlay District

  • A.
    Purpose. The purpose of the Sensitive Lands (SL) overlay district is to protect and enhance the visual and environmental quality of designated areas such as the area referred to as the Sloan Canyon National Conservation Area Gateway. The specific purposes of the SL overlay district are to ensure that:
    1. 1.
      Sites are developed with due regard to protecting the environmental qualities of the natural terrain and landscape including protection of native vegetation, wildlife habitat, riparian areas, cultural resources, and that land disturbance is kept to minimum to preserve and enhance the natural resources and visual quality of a site;
    2. 2.
      Development avoids natural hazard areas;
    3. 3.
      Structures, including roads, do not block or intrude adversely into significant views to and from the site. The scenic quality of the desert and mountain environment is preserved by designing structures and roads to be compatible with the natural topography;
    4. 4.
      Development is properly related to its site and surrounding landscape, and structures are compatible with their surroundings;
    5. 5.
      Natural open space, landscaping, parking, and other site features are designed to enhance the visual and physical use of the property and to screen visually intrusive uses;
    6. 6.
      Natural drainage channels are integrated into a system of protected, multiple purpose natural open space;
    7. 7.
      Multi-jurisdictional, regional planning, and collaboration are pursued to enhance the visual and physical use of the property as well as to ensure the safety of residents, visitors, and employees; and
    8. 8.
      Development is oriented to maximize visibility and accessibility by minimizing the use of walls, fronting natural open space with streets, trails, parks, and/or other public places.
  • B.
    Applicability. This Section applies to all lands and proposed development located within any area designated a SL overlay district.
  • C.
    Zoning Map Designator. Each SL overlay district shall be shown on the zoning map by adding a symbol to indicate the overlay district zoning and shall be shown in written form by adding a designator (“SL”) to the base zoning district designation.
  • D.
    Designation of SL Overlay District.
    1. 1.
      The SL overlay district shall be established in compliance with the rezoning procedures of HMC Subsection 19.21.4, Zone Change/Zoning Map Amendments, as modified by the standards and procedures in this Section.
    2. 2.
      Upon its own initiative or upon recommendation by the Commission, the Council may, in addition to any existing base zoning district, apply the SL overlay district to any area or property. In designating such area, the Council shall enumerate the significant natural and visual attributes justifying such designation and apply standards, uses, and densities consistent with the procedures established in this Section.
    3. 3.
      Designation as a SL overlay district may be required as a condition for approving any request for a rezoning, CUP, PUD, master plan, or any discretionary land use development application.
    4. 4.
      If requested by the applicant, a zoning map amendment to the SL overlay district and promulgation of standards, uses, and densities may be processed simultaneously with other forms of required development approvals, as set forth in HMC Section 19.19.3, Simultaneous Processing.
  • E.
    Specific Standards.
    1. 1.
      Prior to designation of an area or property as a SL overlay district, the Council shall direct the Director to undertake such studies as are necessary to establish development review standards, appropriate uses, and densities for the overlay district. These standards, uses, and densities shall be consistent with the purposes set forth in this Section and necessary to protect the significant natural and visual attributes of the overlay district enumerated by the Commission or Council in proposing the overlay. Such studies may include environmental, traffic, design, and visual analyses.
    2. 2.
      The Director shall, based on such studies, propose the boundaries of the overlay district, development review standards, and a list of appropriate uses and densities of development. Such standards may address all aspects of development necessary to achieve the purposes of this Section and to protect the significant natural and visual attributes of the overlay district including but not limited to:
      1. a.
        Universal building design, including materials, colors, architectural detail, massing, and other exterior design features of any structure;
      2. b.
        Dimensional attributes of structures including height limits and setbacks (e.g., setbacks from regional natural drainage channels);
      3. c.
        The location of structures on a site;
      4. d.
        Landscaping;
      5. e.
        Mean of illumination;
      6. f.
        Fencing, screening, and buffering;
      7. g.
        Vegetation protection;
      8. h.
        Accessibility and circulation;
      9. i.
        Minimization of grading activities;
      10. j.
        Establishment of protected, natural open space;
      11. k.
        Storm drainage and trails; and
      12. l.
        Signage and gateway community features.
    3. 3.
      The Commission shall review such proposed overlay district boundaries, design standards, uses, and densities and make a recommendation to Council for final approval simultaneous with designation of a SL.
  • F.
    Specific Procedures. Any application for development in a SL overlay district shall comply with the required study referenced in this Section or any applicable development agreement.
  • Effective on: 1/1/1901