Las Vegas City Zoning Code
ARTICLE IV
General Provisions, Conditions and Exceptions 1
§ 450-19 Applicability.
All regulations contained in this chapter are subject to general provisions, conditions and exceptions contained in this article.
§ 450-20 Limitation of land use.
Except as provided in this article, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the same zone in which such building is located.
§ 450-21 Clarification of ambiguity.
If ambiguity arises concerning the appropriate clarification of a particular use with the meaning and intent of this chapter, or if ambiguity exists with respect to matters of height, yard requirements, or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts and by formal resolution set forth its findings and interpretations, and such resolution shall be forwarded to the City Council, and if approved by the City Council, such interpretation shall thereafter govern.
§ 450-22 Public utility lines.
The provisions of this chapter shall not be construed to limit or interfere with the installation, maintenance and operation of any public utility lines providing water, sewage disposal, electric, gas, television, telephone, or telegraph services to the public, provided such lines are installed, maintained, and/or operated in accordance with all other applicable laws.
§ 450-23 Nonconforming uses; intent.
[Amended 10-15-1987 by Ord. No. 76-15]
Within the zones established by this chapter there exists lots, structures and uses of land or structures, or both, which were in existence prior to the adoption of this chapter, but which are prohibited, regulated, or restricted by this chapter. It is the intent of this chapter to eliminate nonconforming uses at the earliest possible time. However, acknowledgement of the vast number of existing, nonconforming properties (lots and structures) currently in use make it necessary to permit these existing nonconformities to continue until they are removed.
§ 450-24 Nonconforming structures.
[Amended 10-15-1987 by Ord. No. 76-15]
A.
Changes to the interior of an existing nonconforming structure may be made, provided that a building permit be obtained.
B.
Expansion or improvement to the exterior of an existing nonconforming structure, either horizontally or vertically, addition of a new structure on the same site or restoration of a damaged structure shall be permitted, provided that a building permit first be obtained and:
(1)
When such expansion or improvement is contiguous and sharing a common wall with the original structure or is an accessory structure, the building official may approve said expansion or improvements if criteria for approval of a site development plan are met.
(2)
The criteria for approval shall consist of the following:
(a)
Site development plan. A detailed site development plan shall be submitted showing a plot plan of the lot with existing structures and proposed improvements, utility line locations, and easements, adjacent rights-of-way and giving appropriate distances for each. Adjacent properties that will be affected by the proposed expansion or improvements should also be shown.
(b)
Notarized statement of consent, signed by each adjacent property owner, shall be submitted when expansion or improvements intrude into required yard areas. The statement will certify that the adjacent property owners do not object to the expansion or improvements. If consent of adjacent property owners is not obtainable, a variance must be obtained from the Planning and Zoning Commission.
(c)
Approval from the City of Las Vegas Fire Department. (Note: Without exception, permission for expansion or improvement to an existing nonconforming structure will not be granted unless approval from the Fire Department is obtained.)
C.
Removal of nonconforming structures. In the event that a nonconforming structure is entirely destroyed or removed, new construction is permitted, provided a building permit is obtained within six months from the incident. If a building permit is unobtainable within the specified time limit, new construction shall be in accordance with the current development standards, set forth in that designated zone. If a structure is partially removed or destroyed, the provisions of Subsections A, B and C shall apply.[1]
§ 450-25 Nonconforming use of land.
[Amended 10-15-1987 by Ord. No. 76-15]
The nonconforming use of land, where no main buildings are involved, may be continued subject to the following conditions:
A.
No such nonconforming use of land shall be expanded or extended in any way either on the same or adjoining property.
B.
Where such nonconforming use of land is discontinued for a period of six months, any future use of land shall be in conformity with the provisions of this chapter.
C.
These provisions do not apply to land used for agricultural purposes.
D.
When the nonconforming use of land is for trailers, no additional trailers may be brought onto the lot; but a nonconforming trailer may be replaced if the following criteria are met:
(1)
Site development plan. A detailed site development plan shall be submitted showing a plot plan of the lot with existing structures and proposed improvements, utility line locations, and easements, adjacent rights-of-way and giving appropriate distances for each. Adjacent properties that will be affected by the proposed expansion or improvements should also be shown.
(2)
Notarized statement of consent, signed by each adjacent property owner, shall be submitted when expansion or improvements intrude into required yard areas. The statement will certify that adjacent property owners do not object to the expansion or improvements. If consent of adjacent property owners is not obtainable, a variance must be obtained from the Planning and Zoning Commission.
§ 450-26 Nonconforming use of conforming building.
[Amended 10-15-1987 by Ord. No. 76-15]
When a nonconforming use of a conforming building exists at the time the provisions of this chapter became applicable to such building so as to make the use of thereof nonconforming, such nonconforming use may be continued and such nonconforming use may be expanded or extended throughout such building, provided any structural alterations necessary be in conformance with the City of Las Vegas building codes. If such nonconforming use is discontinued for a period of six months, any future use of such building shall conform to the provisions of this chapter.
§ 450-27 Nonconforming use of nonconforming building.
[Amended 10-15-1987 by Ord. No. 76-15]
The nonconforming use of a nonconforming building may be continued and may be expanded or extended throughout such building, provided any structural alterations necessary be approved by the Community Development Department, and a building permit be obtained. If such nonconforming use is discontinued, any future use of such building shall conform to the provisions of this chapter.
§ 450-28 Nonconforming uses and nonconforming buildings resulting from reclassification.
§ 450-29 Accessory uses.
[Amended 10-15-1987 by Ord. No. 76-15]
Any use customarily incidental and not specifically prohibited to the principal use of a lot or a building permitted in the respective zones may be permitted, including private garages, but not contrary to specific prohibited uses.
§ 450-30 Temporary uses; public events; sidewalk sales; permit requirements.
A.
Temporary uses are permitted only as expressly provided in this section and shall comply with the requirements of Article X, Limitations of Land Uses in Various Zones.
B.
No temporary use shall be established unless a certification of compliance with the provisions of this section and other applicable provisions of this chapter shall have first been issued by the Community Development Department.
C.
The following are temporary uses, which are subject to the following specific regulations and standards, and subject to the issuance of a public events or temporary use permit, in addition to other requirements specified in this chapter.
[Amended 6-14-2001 by Ord. No. 99-39]
(1)
Carnival or circus.
(a)
Permitted in any district;
(b)
Requires a City business license/registration;
(c)
Maximum length of use shall be five days;
(d)
No structure or equipment within 100 feet of any residential structure;
(e)
A safety certification of all rides and equipment is required;
(f)
Requires registration/licensure by the State of New Mexico;
(g)
Permitting fees shall be imposed at the rate of $250 per day;
(h)
Must be inspected and approved by the Fire Department.
(3)
Contractor's office and construction equipment sheds.
(4)
Events of public interest.
(a)
Permitted in any district with approval by the Community Development Department;
(b)
Events of public interest include but are not limited to outdoor concerts, bazaars, auctions, and historic celebrations and are further defined as functions, which advertise to and call for public participation;
(c)
Require a business license/registration;
(d)
All parade processions, including homecoming parades associated with New Mexico Highlands University, Las Vegas City Schools, and West Las Vegas City Schools, shall comply with all requirements as set forth in the following Subsection C(5), Parades, of this chapter; and
(e)
Must be inspected and/or approved by the Fire Department.
(5)
Parades. In lieu of other requirements for events of public interest, event sponsors of homecoming parades for West Las Vegas, Las Vegas City Schools and New Mexico Highlands University shall submit a permit application to the Community Development Department at least two weeks in advance of the parade to allow coordination of the event by the City.
(6)
Real estate sales office.
(a)
Permitted in any district for any new subdivision approved in accordance with subdivision regulations. The office may not contain sleeping or cooking accommodations unless a model home is used as a temporary sales office;
(b)
Offices other than model homes shall be removed upon completion of the development of the subdivision;
(c)
Permitting fees shall be imposed at the rate of $25 per office per year;
(d)
Must be inspected and approved by the Fire Department.
(8)
Major movie, video and similar recording productions.
[Amended 12-15-2004 by Ord. No. 04-18; 7-7-2010 by Ord. No. 10-08; 4-20-2011 by Ord. No. 11-10; 3-21-2012 by Ord. No. 11-21]
(a)
Permitted in any district with approval by the Community Development Department.
(b)
Film productions must submit for a temporary use permit, hereinafter "film permit," for preliminary approval at least 14 days prior to the intended dates of filming on forms provided by the City. Dates and exact locations must be provided on the preliminary application.
[1]
An exception to the fourteen-day requirement may be made by the City Manager/designee in situations wherein circumstances prevent the production from meeting this requirement. Request for the exception must be written and include proper justification.
[2]
Productions are encouraged to inform the City of their interest in Las Vegas as a film location at their earliest convenience. The City Film Liaison is on staff to assist productions with location inquiries, contact information, etc.
(c)
Maximum length of use shall be determined by application. If a production plans on filming in excess of 21 days per quarter of a calendar year, the production must file an extended use film permit with the Community Development Department. Setup, takedown, and weather delays are not counted as "filming" days unless there is community impact. [see Subsection C(8)(e)].
(d)
Upon completing the preliminary information required in the film permit, the official film production contact person (location manager and/or staff as determined by the production) must return the application to the City Film Liaison/designee who will schedule an application review meeting with regulating agency representatives (Police Department, Fire Department, Department of Transportation, etc.) at a time and place determined by the City (per § 450-132, Development impact review requirements). The official film production contact person must participate in the application review meeting.
(e)
The production must notify the community of street closures, road blocks, etc., at least five days prior to filming. Notification must include, but is not limited to, a press release or ad in the local newspaper, radio ad, notice on the Las Vegas community event calendar and written notification (this can be in the form of door hangers/flyers) to those in impacted areas. "Impacted" means disruption of regular access to property by owner or patrons. The Community Development Department will determine which areas are considered impacted. Proof of notification must be provided to the City (copy of newspaper ad, door hanger/flyer, etc.).
(f)
Failure by the film production to provide the required notification in a specific location will result in denial of the permit application for that location.
(g)
A film permit processing fee in the amount of $250 will be assessed for all commercial feature or television projects with a crew size of 11 people or more and/or a budget of $50,000 or more. There is no processing fee for documentaries, educational films, still photo shoots, or any production with a crew of 10 people or less.
(h)
A refundable deposit in the amount of $500 is required with the film permit application. Each site occupied by the film production shall be cleaned of debris/litter within one day and any other evidence of filming activity no later than five days after completion of filming activity. Upon inspection of the site(s) and approval by the City, the deposit shall be refunded. There is no deposit for documentaries, educational films, still photo shoots, or any production with a crew of 10 people or less.
(i)
Arrangement for City services such as police, barricading, sanitation and utilities or any other specific request for services will be made at the time of application; fees for these services shall be assessed at the time of application. There is no fee for the use of City property for filming, unless City resources are required, a loss of revenue will be incurred, or the use of the requested location(s) will impact City operations/services. The production may request to use City-owned property for the film production base camp; however, a rental fee will be assessed for this type of use.
(j)
On-street/City right-of-way parking spaces with a parking time limit of 90 minutes requested by the production for purposes such as background shots or equipment will be assessed at $7 per day per space. The production must post signage stating "No Parking/Tow Away Area" with a list of dates and times of occupancy.
(k)
Modifications to the permit must be submitted to the City in writing, approval will be given at the discretion of the City Manager/designee.
(l)
Must be inspected and approved by the Fire Department.
(m)
The City reserves the right to revoke the film permit at any time for serious violations of the terms of the permit or City ordinances. The decision by the City may be appealed as provided by ordinance.
D.
The Community Development Department shall be charged with enforcing all regulations, pertaining to this chapter, for events of public interest. Additional regulations for carnivals or circuses, religious tent meetings and events of public interest are as follows:
[Amended 6-14-2001 by Ord. No. 99-39]
(2)
No permanent or temporary lighting shall be installed unless:
(3)
If LP gas is to be used, event sponsors shall provide documentation that the State Liquid Petroleum Gas Inspector has conducted an LP gas inspection and approval has been obtained from the Las Vegas Fire Department.
(4)
All uses shall be confirmed to dates and hours of operation specified and approved by the Community Development Department in the permit application.
(5)
A security deposit shall be posted with the City to insure that the premises will be cleared of debris and other waste materials during and after the event and that any damage to the public right-of-way will be repaired. The minimum security deposit will be $200.
(6)
Events scheduled on private property shall be required to provide off-street parking in an amount sufficient for the event.
(a)
The amount of required parking will determined by the City's Community Development Department and shall be based on the type of event, the anticipated public response, the number of advance ticket sales and other similar factors.
(b)
Events scheduled on public property shall be required to obtain advance clearance from the City for provisions of parking.
(7)
Event sponsors shall coordinate all arrangements for traffic control and security with the Las Vegas Police Department.
(a)
The Police Department may require that private security and traffic control be provided.
(b)
The Police Department will retain the right to require that additional private security be provided, if the event should prove to be a larger problem than originally anticipated, and, with the consent of the Mayor, to close down an event if in their opinion the event is a threat to public welfare, health or safety.
(c)
If the event occurs next to or impacts a public thoroughfare under the jurisdiction of the New Mexico Highway and Transportation Department, written approval must be obtained from the District Office.
(8)
No alcoholic beverages shall be served unless the New Mexico Department of Alcohol Beverage Control grants a permit and such serving of alcoholic beverages would not violate any applicable City ordinance.
(9)
Games at carnivals will not be permitted which are classified as games of chance or which violate New Mexico gambling laws.
(10)
No person shall operate a carnival ride without an insurance policy in an amount of not less than $3,000,000 against liability for injury to persons arising out of the operation of the carnival ride.
(a)
Either a copy of the policy furnished to the insured or a certificate stating to the effect that the insurance required is in effect shall be included with the permit application.
(b)
The policy shall contain a schedule listing by name and serial number each carnival ride insured by the policy. In the event of additions or deletions of carnival rides during the policy terms, such changes shall be shown on a change endorsement, a copy of which shall be included with the permit application.
(c)
In the event of cancellation by either the insured owner or operator or the insurance company, the insured shall furnish notice of cancellation to the City.
(11)
Applications for public events regulated by this chapter will be required to include an insurance policy naming the City of Las Vegas as additional insured for a minimum of $1,050,000.
E.
Sidewalk sales within certain commercial districts.
[Added 4-15-2009 by Ord. No. 08-10]
(1) DIRECTOR DISPLAY AREA DIAGRAM PEDESTRIAN TRAFFIC WALKWAY WIDTH PERMIT PERMITTEE PUBLIC SIDEWALK SIDEWALK SALE
For purposes of this subsection, the following words shall be defined as follows:
The Director of Community Development Department or his designee.
A drawing of the sidewalk area whereby the displays of goods, etc., are to be located. (An example of the diagram shall be provided at the time of application request.)[1]
The portion of the sidewalk in the public sidewalk area that is reasonably available for use by the pedestrian stream moving through the area.
A temporary public right-of-way public events permit authorized by § 450-30 of this chapter.
The person who owns the business immediately contiguous to the sidewalk sale and is permitted to occupy an area of the public right-of-way for the purpose of a sidewalk sale.
A sidewalk area located in the public right-of-way or in the area in which the public has an easement for sidewalk purposes, or both.
A commercial sale or display of goods, products, wares, merchandise, services or material related to services, provided and sold by the business immediately adjacent to the sidewalk sale.
(2)
Sidewalk sales/displays.
(a)
Notwithstanding any codified ordinance to the contrary and provisions of the Code of the City of Las Vegas, sidewalk sales, as herein defined, along certain sidewalks fronting commercial premises used for such sales pursuant to the underlying zoning may be permitted by the Director under the requirements contained herein. However, it is determined that such sidewalk sales must be strictly controlled to protect the public health, safety and welfare. Adequate sidewalk area of at least four feet in width must be maintained to allow safe pedestrian passage and for the safe and convenient use of wheelchairs, strollers and similar instruments. Due to the congestion caused by such sidewalk sales, it is further determined that such sales must be limited to sidewalks at least nine feet in width from the building exterior to the curbline.
(b)
Application for such sales shall be made to the Community Development Department in a form deemed appropriate by the Director. The applicant shall provide a display diagram along with the application which shall delineate the specific location and display area from which such sales would take place and describe the specific type and material of the actual display fixtures.
(3)
Conduct of sale and criteria for granting of the permit. A sidewalk sale permit for such use may be granted by the Director or his designee if an approved display area diagram and the Director or his designee ascertains that the following criteria are satisfied prior to granting of the permit:
(a)
Sidewalks must be at least a minimum of nine feet in width from the exterior building to the curbline.
(b)
Four feet shall be reserved for pedestrian traffic. The proposed sales operation display area shall not significantly interfere with said pedestrian traffic or otherwise constitute a health and safety risk.
(c)
Sidewalk sales and displays shall be limited to the sale or display of the same goods, products, wares, merchandise, services or material related to services as those that the owner or operator sells or displays inside the immediately contingent licensed commercial premises, such as defined herein as "sidewalk sales" and "permittee."
(d)
Sidewalk sales and display shall not be allowed at any time the principal permitted use of the site is not open for business and such shall be removed from the sidewalk during such time.
(e)
No permanent structure may be affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property.
(f)
In no case shall the location of such sidewalk display areas occur within any area for parking, loading, handicap ramps, crosswalks, nor emergency vehicle access (e.g., fire lanes, fire hydrants).
(g)
The dimensions of the sidewalk sales area to be used shall be approved by the Director or his designee. In determining the pedestrian traffic walkway width, a safe and comfortably width will be determined. However, in no event shall the Director or his designee approve dimensions of a sidewalk sales area that would result in the pedestrian traffic walkway width being reduced to less than four feet.
(4)
Permitted locations. The Director, consistent with the provisions of this section, shall deem proper with respect to permitted locations for sidewalk sales within C-2 Commercial Districts in Downtown Las Vegas. Sidewalk sales are not permitted in State of New Mexico highway right-of ways, such as Grand Avenue and 7th Street.
(5)
Application for permit.
(a)
An application for a permit pursuant to this section shall be made within five days prior to the intended date(s) of the sidewalk sale on a form designated by the Community Development Department and approved by the Director or his designee. Such form shall contain at least the following information:
(b)
The permittee shall agree, on a form approved by the City of Las Vegas, to indemnify and save harmless the City of Las Vegas, its officers, agents, attorneys and employees from and against any claim of loss, liability or damage by any person arising as a result of the permittee's operation of the sidewalk sales and display use.
(c)
The permittee shall obtain and maintain in full force and effect throughout the term of the permit a policy of general liability insurance, which such policy shall name the City of Las Vegas, its officers, agents, attorneys and employees as additional insured. The applicant shall file with the Director, prior to the issuance of the permit, a certificate evidencing the requisite insurance.
(7)
Permit suspension and revocation.
(a)
The Director may suspend or revoke the permit of any permittee if the permittee or his agent fails to abide by the provisions of this section.
(b)
The Director shall give written notice of suspension or revocation of the permit to the permittee or his agent stating the reasons for the suspension or revocation.
§ 450-31 Amortization; time limits.
Every nonconforming use shall be completely removed or shall be altered in such a manner that will be in conformity with the uses permitted in the zone in which said nonconforming use is located and every nonconforming building shall be completely removed from the land within the time limit set forth below:
A.
Type I and Type II buildings (fire resistive) as defined in the Uniform Building Code: 50 years.
B.
Type III buildings (heavy timber construction) as defined in the Uniform Building Code: 40 years.
C.
Type IV and Type V buildings (light wood frame and incombustible frame) as defined in the Uniform Building Code: 35 years.
D.
Trailers less than 1,000 square feet in area and not conforming to building code requirements for residence: two years.
§ 450-32 Extension of amortization period.
Nonresidential uses in a district may be allowed to remain beyond the established amortization period defined in § 450-31 of this chapter, provided that a petition requesting such a time extension be signed by a majority of the residents in the area whose properties are within 500 feet of the external boundaries of the subject use, and that the City Council after a public hearing held in conformance with the above petition and its verification adopts a resolution granting an extension for a specific period of time and with such conditions as may be deemed proper and necessary to protect surrounding properties.[1]
[1]
Editor's Note: Former §§ 12-5-15 and 12-5-16, which immediately followed this section, were repealed 10-15-1987 by Ord. No. 76-15.
§ 450-33 Off-street parking.
A.
Every building, or portion of a building, hereafter erected shall be provided with permanently maintained parking space as provided in this section, and such parking space shall be made permanently available and permanently maintained for parking purposes; provided, however, that any alterations, remodeling, reconstruction of existing building or addition providing less than 500 square feet of additional floor space shall be exempted from this requirement; provided, further, that when an addition is made to an existing building, only the square feet in the addition need to be used in computing the required off-street parking.
B.
The number of off-street parking spaces required shall be no less than as set forth in the table below, plus an adequate number of spaces to accommodate the maximum number of employees which the particular use can employ. The number will be determined at the time a building permit is issued by the Zoning Administrator.
[Amended 9-19-1984 by Ord. No. 73-5]
Use | Parking Spaces Required | |||
|---|---|---|---|---|
Automobile courts (motels) | 1 space per sleeping unit or dwelling unit | |||
Banks | 1 space per 400 square feet of gross floor area | |||
Bowling alleys | 4 spaces per lane | |||
Churches | 1 space per each 6 seats or, if there are no fixed seats, then 1 space per 100 square feet of floor space used for assembly purposes | |||
Dwellings | 1 space per dwelling unit | |||
Establishments for the sale and consumption of food and beverages | 1 space per 3 patron seats or 1 space per 100 square feet of gross floor area | |||
Furniture and appliances stores, hardware stores, household equipment, service shops, clothing or shoe repair or personal service shop | 1 space per 600 square feet of gross floor area | |||
Hospitals | 2 spaces per 3 patient beds | |||
Hotels | 1 space per room or suite, plus 1 space per 3 persons to the maximum capacity of each public meeting and/or banquet room, plus 50% of the spaces otherwise required for accessory uses (e.g., restaurants and bars) | |||
Industrial | 1 space per 500 square feet of net leasable area | |||
Libraries and museums | 1 space per 250 square feet of gross floor area | |||
Medical and dental clinics | 1 space per 200 square feet of leasable space | |||
Motor vehicle, machinery sales or wholesale stores | 1 space per 1,500 square feet of gross floor area | |||
Offices | 1 space per 250 square feet of gross floor area | |||
Recreation or community center | 1 space per 250 square feet of gross floor area, or 1 space per 4 patrons to the maximum capacity | |||
Recreational uses | 1 space per 4 patrons to the maximum capacity of the facility | |||
Retail stores, except as otherwise specified | 1 space for each 300 square feet of gross floor area up to 5,000 square feet of gross floor area, plus 1 space for each 200 square feet of gross floor area in excess of 5,000 square feet, plus 1 space for each 100 square feet of gross floor area in excess of 20,000 square feet | |||
Rooming houses, lodging homes, clubs, and fraternity and sorority houses having sleeping rooms | 1 space per sleeping room | |||
Sanatoriums, children's homes, homes for the aged, asylums, and nursing homes | 1 space per 6 patient beds | |||
Schools: | ||||
Elementary and junior high | 1 space for each classroom, workshop, laboratory or office plus 1 space per 200 square feet of auditorium, gymnasium and cafeteria | |||
Senior high school | 4 spaces for each classroom, workshop, laboratory or office plus 1 space per 200 square feet of auditorium, gymnasium, and cafeteria | |||
Stadiums, sports arena, auditorium (including school auditoriums) and other places of public assembly and clubs, and lodges having no sleeping quarters | 1 space for each 2 seats and/or 1 space for each 100 square feet of gross floor area used for assembly and not containing fixed assets | |||
Swimming pools | 1 space per 75 square feet of gross water area | |||
Theaters | 1 space per 3 persons based on maximum capacity | |||
Transportation terminal facilities | Adequate number of spaces to be determined by the Zoning Administrator | |||
Handicapped parking | 1 space shall be designated for disabled persons in any area of 15 or more spaces of off-street parking and shall be located so as to provide the most convenient access to entranceways or curb cuts. Minimum spaces required are as follows: | |||
Total Spaces in Area | Minimum Designated Spaces for Disabled | |||
0 to 14 | 0 | |||
15 to 25 | 1 | |||
26 to 35 | 2 | |||
36 to 50 | 3 | |||
51 to 100 | 4 | |||
100 or more | 4, plus 1 per each additional 100 spaces | |||
C.
Parking requirements for use not specified. Where the parking requirements for a use are not specifically defined herein, the Planning Commission shall determine the parking requirements for such use, and such determination shall be based upon the requirements for most comparable use specified herein.
D.
Parking provisions may be waived by Commission. The Commission may, by resolution, waive or modify the provisions herein set forth establishing required parking areas for uses such as electrical power generating plants, electrical transformer stations, utility or corporation storage yards, or other uses of a similar or like nature requiring a very limited number of persons.
(1)
Location. In the event permanently maintained off-street parking facilities of a noncontiguous parcel are to be provided by private parties, said facilities shall be located as hereinafter specified. Where a distance is specified, such as distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve:
(a)
For all dwellings, parking facilities shall be located on the same or a contiguous lot or building site as the buildings they are required to serve.
(b)
For hospitals, sanatoriums, homes for the aged, asylums, orphanages, rooming houses, lodging houses, club rooms, fraternity and sorority houses not more than 150 feet from the buildings they are required to serve.
(c)
For uses other than those specified above, not over 300 feet from the building they are required to serve.
(2)
Mixed occupancies in a building. In the case of mixed uses in a building or a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one shall not be considered as providing required parking facilities for any other use except as hereinafter specified for joint use.
(3)
Joint use. The Planning Commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein:
(a)
Up to 50% of the parking facilities required by this section for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; provided such reciprocal parking area shall be subject to conditions set forth in Subsection D(3)(c) below.
(b)
The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical of nighttime and/or Sunday uses: auditorium incidental to a public or parochial school, churches, dance halls, theaters and bars.
(c)
Conditions required for joint use:
[1]
The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within 150 feet of such parking facilities.
[2]
The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed.
[3]
Parties concerned in the joint use shall file a proper legal instrument approved by the City Attorney as to form and content. Such instrument when approved as conforming to the provisions of this chapter shall be recorded in the Office of the County Recorder and copies thereof filed with the City Manager and the Planning Commission.
(4)
Common facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the Planning Commission as to size, shape and relationship to business sites to be served, provided the total of such off-street spaces, when used together, shall not be less than the sum of the various uses computed separately. When any such common facility is to occupy a site of 5,000 square feet or more, then the parking requirements as specified herein for each of two or more participating buildings or uses may be reduced not more than 15% upon approval of development plans by the Planning Commission.
(5)
Plans. The plan of the proposed parking area shall be submitted to the City Engineer at the time of application for the building permit for the building permit for the building to which the parking area is necessary. The plans shall be drawn to scale and shall clearly indicate the proposed development, including location, size and shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking lot. (See "minimum design standard" below.) All parking areas shall be subject to the same restrictions governing accessory buildings as defined in the zone in which said parking area is located.
E.
Comprehensive planned parking districts. Areas may be exempted from the parking requirements as otherwise set forth in this section, provided:
(1)
Such area shall be accurately defined by the Planning Commission after processing in the same manner required for an amendment to the Zoning Ordinance.
(2)
Before such defined district shall be exempt as provided in this section, active proceedings under any applicable legislative authority shall be instituted to assure that the exempted area shall be provided with comprehensive parking facilities, which will reasonably serve the entire district.
F.
Required improvement and maintenance of parking area. Every lot used as a public or private parking area shall be developed and maintained in the following manner:
(1)
Minimum design standards. Size of parking spaces and aisle. Parking stalls and aisles shall be provided according to the following requirements in all districts:
Width of Aisle (feet) | ||||||
|---|---|---|---|---|---|---|
Parking Angle | Stall Width (feet) | Stall Base (feet) | Stall Depth (feet) | 1-Way Traffic | 2-Way Traffic | |
30° | 9 | 20 | 18.2 | 11 | 24 | |
45° | 9 | 14 | 20.5 | 13 | 24 | |
60° | 9 | 11.5 | 21.5 | 18 | 24 | |
90° | 9 | 9 | 19 | 27 | 27 | |
Parallel parking | 9 | 9 | 22 | 12 | 24 | |
(a)
Ingress to and egress from required off-street parking areas shall be so designed as to eliminate any necessity of backing from said parking area onto any public right-of-way.
(b)
Circulation aisles within required off-street parking areas shall be so designed as to eliminate any necessity of vehicles entering a public right-of-way when passing from one aisle to another.
(c)
In the case of required off-street parking areas on interior lots having access to but one pubic right-of-way and having such narrow width as to permit only one aisle for both ingress and egress, said aisle shall be made not less than 20 feet in width and shall be terminated on the side of the parking area furthest from the ingress-egress point by turning area having a minimum radius of 25 feet.
[Amended 1-19-1983 by Ord. No. 71-22]
(d)
Unidirectional entrances and exits shall have a minimum width of 14 feet, and combined entrance-exits shall have a minimum width of 26 feet.
(e)
All entrances, exits and parking stalls shall be clearly marked and in all aisles.
(2)
Surfacing. Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across sidewalks. Material used for surfacing parking areas shall be subject to approval by the City Engineer.
(3)
Border, barricades, screening and landscaping. In addition to the requirements in Subsection F(1) and (2) above, every parking lot, either public or private, having a capacity of five or more vehicles shall be developed and maintained as follows:
(a)
Every parking area that is not separated by a fence from any street or alley property line upon which it abuts shall be provided with a suitable concrete curb or timber barrier not less than six inches in height, located not less than two feet from such street or alley property lines and such curb or barrier shall be required across any driveway or entrance to such parking areas.
(b)
Every parking area abutting property located in one of the R Zones shall be separated from such property by a solid wall, view-obscuring fence or compact evergreen hedge six feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous R Zone property, provided that along the required front yard the fence, wall, or hedge shall not 48 inches in height. No such wall, fence, or hedge needs to be provided where the elevation of that portion of the parking area immediately adjacent to an R Zone is six feet or more below the elevation of such R Zone property along the common property line.
(c)
Any lights provided to illuminate any public parking area, semipublic area, or used car sales area permitted by this chapter shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located.
(4)
Entrances and exits. The location of all entrances and exits shall be subject to the approval of the City Engineer, provided no entrance or exit other than on or from an alley shall be closer than five feet to any lot located in an R Zone.[1]
[1]
Editor's Note: Refer to Appendixes A, B and C at the end of this chapter, regarding parking lot designs.
§ 450-34 Area requirements deemed met.
Any lot or building site shall be deemed to meet the minimum area requirements of the zone in which it is located when:
A.
It existed as an entire lot, or as an entire parcel, for which either a deed was on record in the Office of the County Recorder or a bona fide contract of sale was in full force and effect prior to the effective date of this chapter or previous ordinances;
B.
The owner thereof owns no adjoining land; and
C.
It is not the result of a division of land in violation of any state land law or City ordinance prior to subsequent to the effective date of this chapter or its predecessor.
§ 450-35 Height of buildings.
Except as provided in this article, no building or structure shall be erected, reconstructed, or structurally altered to exceed the height limit established by this chapter for the zone in which such building or structure is located.
§ 450-36 Additional story permitted.
Where the average slope of a lot is greater than one foot rise or fall in five feet of horizontal distance, an additional story will be permitted on the downhill side of any building, but not in excess of the height requirements for that zone.
§ 450-37 Structures in excess of height limit permitted.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, roof signs, flagpoles, chimneys, smoke stacks, silos, water tanks, windmills, windbreaks, wireless masts, or other similar structures may be erected above the height limits established for the various zones in which such structures are located; provided, however, that no structures in excess of the allowable building height shall be used for sleeping or eating quarters, nor shall such structure exceeding the allowable building heights be allowed for the purpose of providing additional floor space.
§ 450-38 Yard regulations.
Except as provided in this article, every required front, side, and rear yard shall be open and unobstructed from the ground to the sky; provided, however, that when the common boundary line separating two or more contiguous lots is covered or partially covered by a building or permitted as a single building site, such lots shall constitute a single building site, and the yard spaces as required by this chapter shall then not apply to such common boundary line.
§ 450-39 Yards required on corner lots.
In any residential zone as defined in this chapter, in case of a corner lot abutting upon two streets, all buildings shall have a minimum setback of 10 feet from the side lot line adjacent to the side street.
§ 450-40 Through lots to have two front yards.
A through lot shall maintain a front yard adjacent to each street upon which it fronts.
§ 450-41 Front yard requirements deemed met.
Any front yard requirement shall be deemed to be met when the depth of the front yard provided at least equals the average of that established by existing buildings, which occupy 50% or more of the lots within the same block or zone.
§ 450-42 Front yards of improved lots control.
The depth of front yards on unimproved lots in any block where all existing main buildings have front yards with a depth greater than required by the provisions of this chapter for the particular zone shall be not less than the minimum depth of such existing front yards, but need not be more than 10 feet in excess of that required by said provisions in any case. Buildings, which are totally confined to the rear half of the lot, shall not be considered in interpreting and applying the provisions of this article.
§ 450-43 Setback lines measured from property lines.
In all zones which require front, side, and/or rear yards, the required depth of said yards shall be measured from the property line along a line perpendicular to the property line.
§ 450-44 Irregularly shaped lots.
In the cases of lots having more than four lot lines or lots which vary considerably from a trapezoidal shape, the rear lot line shall be considered as the line most nearly opposite from and parallel with the street line on which the lot abuts. In the case of triangular or gore-shaped lots, the rear lot line shall be considered a straight line 15 feet in length which:
§ 450-45 Permissible reduction of side or rear yard.
[Amended 10-15-1987 by Ord. No. 76-15]
Permissible reduction of side and rear yards may be granted by the Community Development Department, in cases where improvements to a lot would cause structures or accessory buildings to intrude into required side or rear yards, when the location of the proposed improvement at least equals the average of that established by existing buildings which occupy 50% or more of the lots within the same block or zone, subject to the conditions as set forth in § 450-24B(2)(a), (b) and (c).
§ 450-46 Commission may establish modification formula for yard requirements.
The Planning Commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required front, side, and rear yard depths or widths in all zones if geometric shape, dimensions and/or topography are such as to make impractical the literal application of yard requirements contained in this chapter. Following adoption of such formula or standard practices, and approval thereof by the City Council, they shall be applied as an administrative act.
§ 450-47 Permissible coverage of required rear yard.
Canopies or roofs in any combination and the accessory buildings in a required rear yard shall in no case occupy more than 50% of the required rear yard area.
§ 450-48 Structures permitted to intrude into required yards.
The following structures may intrude into any required yard which is five feet or greater in width or depth; provided, however, that no structure shall intrude into the required yard's distance greater than is permitted in this article.
A.
Cornices, eaves, belt courses, sills, buttresses, or other similar architectural features: 1 1/2 feet.
B.
Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part: two feet.
C.
Open stairways, balconies, and fire escapes: 2 1/2 feet.
D.
Uncovered porches and platforms, which do not extend above the floor level of the first floor: 2 1/2 feet into required side and rear yards and six feet into required front yards.
E.
Planting boxes or masonry planters not exceeding 42 inches in height: two feet.
F.
Guard railings for safety protection around depressed ramps: 2 1/2 feet.
§ 450-49 Modification of required front yard.
The depth of required front yards may be modified on unimproved lots intervening between lots having nonconforming front yards of a depth less than required by this chapter. Such modification shall permit the unimproved lot to have a front yard depth equal to the average depth of the front yards on the two adjacent lots; provided, however, that no such modification shall permit a front yard depth of less than 15 feet.
§ 450-50 Wall, fence, or hedge will be maintained.
[Amended 9-19-1984 by Ord. No. 73-5]
No fence, wall, or hedge shall be permitted which exceeds the following height limits above the existing ground:
A.
Residentially used property. Fences and walls located in the front yard shall not be constructed to a height of more than four feet above the grade of the lot, except that fences and walls in rear yards may be six feet.[1]
B.
Commercially and industrially used properties. Fences shall not exceed six feet except permission may be sought from the Zoning Officer to have higher fences, if necessary, for security reasons upon a showing that the higher fence height will not constitute a nuisance to abutting property owners.[2]
C.
Recreationally used properties. Fences or structures over six feet will be allowed if composed of wire mesh or steel mesh capable of admitting 90% light.
§ 450-51 Alley may apply to depth of rear yard in certain cases.
Where a rear yard opens onto a public alley, 1/2 of the width of such alley may be considered as applying to the depth of the rear yard to the extent of not more than 50% of the depth of the required yard.
§ 450-52 Lot area not to be reduced.
No lot or building site area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter.
§ 450-53 Lots not to be reduced in size below minimum required area.
No lot shall be reduced in size so that the area thereof is less than the minimum required area for a lot in the zone in which such lot is located except when such reduction results from partial acquisition for public use.
§ 450-54 Area for public buildings and utility buildings may be reduced.
Where a lot or building site is devoted exclusively to public buildings and uses, and said lot or building site is owned by a City, county, City and county, or other political subdivision or by a public utility company, and no living quarters are located on such lot or building site, a special use permit may be issued authorizing a reduction in the minimum required area for such lot or building site.
§ 450-55 Location of accessory buildings and sheds. [1]
Detached accessory buildings in any residential zone shall conform to the following regulations as to their location on the lot or building site:
A.
They may be constructed anywhere the main building would be permitted.
B.
They shall not be closer than 10 feet to the main building or to any other accessory building except that private garages and carports may be closer to the main building than 10 feet if adjoined to the main building by an enclosed walkway or an open breezeway.
C.
They may be constructed in a required rear yard, provided they occupy not more than 50% of the required rear yard area, but not within four feet of the rear property line and four feet from the side property line and must be affixed with rain gutters.
§ 450-56 For sale signs.
In addition to the signs permitted in any zone, on each lot or parcel there may be one sign not larger than four square feet in size specifying that the property is for sale and by whom, the zoning classification of the property, the uses of such property authorized by this chapter and/or the fact that a special permit has been granted for the use of the property.