Adopted under the requirements of the Las Vegas Municipal Code and other applicable laws, the Form-Based Code establishes the new form-based standards for the area of the City included within the Downtown Las Vegas Overlay (DTLV-O) established in LVMC Section 19.10.110. The Form-Based Code applies to the Downtown Las Vegas Overlay District, which encompasses the 12 Downtown Districts listed in Section 19.09.020.B (Purpose of the Code). Over time a Regulating Plan and Form-Based Code will be applied to each of these 12 Downtown Districts, and when adopted, the existing base zones within each District and the standards in the Interim Downtown Las Vegas Development Standards will be replaced by the standards included in the Form-Based Code. The Form-Based Code has been designed so it can be easily updated as new Transect Zones within the Downtown Form-Based Code are incrementally added.

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A FBC addresses the relationship between building facades and the public realm (i.e. the public and private space between buildings), the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. Regulations and standards in a FBC are presented graphically in simple diagrams and photographs as well as supplemental text. These standards are keyed to a plan (i.e. a Regulating Plan) that functions like a zoning map that assigns an appropriate form and scale (i.e. the character) of development, rather than only distinctions in land use types (see Figure B-1). So, while FBCs focus on an intended physical form they do also regulate use by allowing an appropriate range of uses chosen to ensure compatibility between uses and the intended physical form of the zone.

Figure B-1 Illustrative Pages and a Regulating Plan from Form-Based Codes

An important aspect of a FBC is that they are not just design guidelines; indeed, they replace the existing zoning standards and regulations and have the same regulatory effect as any other zoning regulation.

FBCs are now being utilized by cities, towns, and counties across the country as communities are finding that conventional zoning is not fulfilling their needs. This is because most zoning regulations fail to implement a community’s vision or plans for the future. Like Las Vegas, many city residents are concerned about sprawl and its impact on health, city financial resources, and the environment, including the amount of time (and its associated cost) spent in traffic.

FBCs differ from conventional zoning codes in terms of the process by which they are prepared, the substance of the standards they contain and how those standards are presented, the mechanism by which they are implemented, and the built form they produce. In summary, a FBC is a regulatory tool drafted to implement a community vision or plan that allows a community to approach the urban environment holistically by establishing standards for buildings, streets and sidewalks, parks, and parking as examples that address the design and regulation of both private and public space.

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The typical transect for American towns is divided into six Transect Zones (frequently referred to as “T-zones”), each of which is given a number with the lower numbers designating more rural/natural zones and higher numbers designating more urban zones, and which are arranged from most natural to most urban, as follows: Natural (T1), Rural (T2), Sub-Urban (T3), General Urban (T4), Urban Center (T5), and Urban Core (T6), together with a Special District (SD) designation for places with specialized purposes (e.g., heavy industrial, entertainment, or university districts). See Figure C-1. The transect for Las Vegas is illustrated in Figure C-2.

Figure C-1 The Rural-to-Urban Transect
The rural-to-urban transect illustrating from left to right a continuum of environments (places) from the most rural to the most urban.  Source: Duany Plater-Zyberk & Company

Figure C-2 The Las Vegas Transect

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1. Encourage a variety of housing types, development styles, and uses that provide diversity and visual interest in the Downtown Overlay District while preserving the City’s desired character;
2. Encourage design, massing, and development standards that promote walkable urban cores;
3. Encourage high quality streetscape design that activates the public realm through pedestrian-oriented and multimodal practices;
4. Encourage the development of neighborhoods that provide a high-quality living environment and generate civic pride;
5. Encourage building design that complements surrounding development;
6. Encourage facades to be designed to include entries, porches, and other architectural elements that are oriented to, and appropriate for, pedestrians; and 
7. Encourage the preservation of areas of the City with unique historic character and context as well as traditional single-family residential neighborhoods.

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1. Pre-Entitlement Exceptions and Post-Approval Adjustments are intended to provide administrative-level discretion over minor deviations from the standards in Chapter 19.09 (Form-Based Code). Pre-Entitlement Exceptions set forth standards for deviations during the review and approval of the project. Post-Approval Adjustments set forth standards for deviations after the entitlement of the project but before the issuance of the Certificate of Occupancy.

2. Pre-Entitlement Exceptions

1. a. The Pre-Entitlement Exceptions in Table 1 (Pre-Entitlement Exceptions) are allowed in all transect zones in order to allow prescribed flexibility during the review and approval of the project prior to entitlement.
2. b. Review Procedures
3. A request for Exception must be submitted in writing to the Director in connection with the submittal of a pre-application conference request.  In order for an Exception to eligible for consideration, the applicant must show through convincing and substantial evidence that the Exception furthers the goals of the 2045 Downtown Master Plan and does not detrimentally affect the public health, safety or general welfare.  Any such Exception shall be considered for endorsement by the Director prior to the submittal of an application for Site Development Plan Review.  In cases where the Director does not endorse a requested Exception, the relief sought is available only by means of a Waiver pursuant to LVMC 19.16.130.

3.  Post-Approval Adjustment
   1.  Post-Approval Adjustments Allowed
   2. To avoid penalizing applicants for minor, inadvertent, and unforeseen circumstances post-entitlement, this Subsection allows administrative-level adjustments to specific standards after entitlement of the project, but before issuance of the Certificate of Occupancy. The Post-Approval Adjustments in Table 2 (Post-Approval Adjustments) are allowed in all transect zones. 
4. b. Findings and Decision
   2. The Director shall approve, with or without conditions, a Post-Approval Adjustment request, but only after the following findings are made:
      1. The Adjustment is the minimum amount necessary to address a code deficiency that is due to unforeseen site conditions or other circumstances beyond the applicant’s control;
      2. Granting the Adjustment will not be materially detrimental to the public health, safety, or welfare; and
      3. The proposed project remains in substantial conformance with the original approved Site Development Plan Review.
   3. Review Procedures
      1. A request for Post-Approval Adjustment must be submitted in writing to the Director prior to the issuance of any related off-site permit, building permit, or combination thereof.  In order for a Post-Approval Adjustment to be eligible for consideration, the applicant must demonstrate conformance with Subparagraphs b.i through b.iii above (regarding Findings and Decision).  The granting of any such Post-Approval Adjustment by the Director shall be in conjunction with the approval of the related off-site permit or building permit, as applicable.
      2. Post-Approval Adjustments not specified in Table 2 below shall be reviewed in accordance with the process for amending Site Development Review Plans set forth in LVMC 19.16.100(H).

Notes:  ¹Must comply with all applicable building code and fire code requirements. 

4. Prerequisite to Waiver or Variance

   If a deviation from the standards in LVMC Chapter 19.09 (Form-Based Code) falls within the scope of relief set forth by this Subsection, an applicant must request a Pre-Entitlement Exception or a Post-Approval Adjustment before seeking approval of a Waiver or Variance.

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1. 1.
   Renovations may extend to the maximum amount allowed by the applicable Transect Standards in accordance with this Chapter, but no renovation may increase the extent of nonconformity to the standards set forth in this Chapter.
2. 2.
   Except as otherwise provided in this Chapter, the abandonment, continuation, expansion or relocation of nonconforming uses, buildings and signs, including nonconformity resulting from any City action described in LVMC 19.14.090, shall be subject to Chapter 19.14. 
3. 3.
   Any use or structure that was established or constructed in violation of the then-applicable zoning regulations at the time of the establishment or construction is deemed not to be a nonconforming use recognized as such under this Chapter and Chapter 19.14, and remains in violation of the applicable zoning regulations set forth in this Title.

(Ord. 6833 §2, 03/15/23)

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Whenever differences occurr between the District-specific standards listed in LVMC 19.09.040 (Specific to Districts) and other provisions listed in 19.09, the District-specific standards shall apply.

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All street trees required per LVMC Section 19.09.050.E (K. Required Street Trees) shall conform to standards in Table 1 (District Palette for Street Trees and Landscaping Requirements) and Figure 1 (Additional Planning Requirements). 

Figure 1 Additional Planting Requirements
To promote urban tree biodiversity and protect the downtown canopy from species-related disease, trees required per LVMC Section 19.09.050.E (K. Required Street Trees) shall be planted utilizing the minimum alternating, spacing requirements indicated below (Option #1 or Option #2), and approved by Staff. The figure, which is conceptual and not representative of the actual tree species allowed, uses the letters A, B, C, and images, to symbolize trees pertaining to the same genus (family) of trees, spaced at a minimum distance pattern from each other. A Variance is not available to permit a deviation from the provisions of this Section.
Option #1
AB - AB
A                               B                                  A                               B
Option #2
ABAC - ABAC
A                      B                        A                        C                       A                      B                       A                        C

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1. 1.
   The Regulating Plan for the District, as adopted in this Section and amended from time to time.
2. 2.
   The Historic Westside Design Standards and Architectural Pattern Book, as that document may be adopted by the City Council and amended from time to time.

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