Las Vegas City Zoning Code

The Special Purpose Districts, Overlay Districts and other area-specific standards and guidelines established in this Chapter:

1. Are to be used in areas of the City which have special characteristics and require special zoning regulations to establish and maintain the character of those areas;
2. May include, as applicable, special regulations regarding land use, buildings and structures, building height, building site areas, setback requirements, landscaping, streetscape and aesthetic characteristics, and any other item or concern regulated by this Title.
    

    

Effective on: 1/1/1901

A. Intent of the District The purpose of the C-V District is to provide for the continuation of existing public and quasi-public uses and for the development of new schools, libraries, public parks, public flood control facilities, police and fire department facilities, electrical transmission facilities, facilities of the Las Vegas Valley Water District and other public utility facilities. In addition, the C-V District may provide for limited public or quasi-public uses. The C-V District is consistent with the Public Facility and the Form-Based Code (FBC) categories of the General Plan. In addition, the C-V District is consistent with the Transit Oriented Development 1 (High), Transit Oriented Corridor 1 (High), Transit Oriented Development 2 (Low), Transit Oriented Corridor 2 (Low), and the Neighborhood Mixed Use Center categories of the General Plan when the Transit Oriented Development Overlay (TOD-O) is applied. B. Permitted Land Uses The following uses are permitted in the C-V District: 1. Except for uses indicated in Subsection (D) of this Section that require a Special Use Permit, any use operated or controlled by the City, Clark County, the State of Nevada or the Federal Government. 2. Except for uses indicated in Subsection (D) of this Section that require a Special Use Permit, any public or quasi-public use operated or controlled by any member of the Southern Nevada Regional Planning Coalition, or any entity with whom the Coalition is required to integrate long-term planning programs pursuant to NRS 278.02584.	Figure 1 - Civic District Map
	Map is representative of where the C-V District is located. See the Official Zoning Map Atlas for the exact location of properties currently zoned as C-V (Civic) District.

1.   
   3. 3.
      Except for uses indicated in Subsection (D) of this Section that require a Special Use Permit, utility company facilities, including electrical power substation facilities, telecommunications facilities, facilities of the Las Vegas Valley Water District, and wireless communication facilities qualifying as Wireless Communication Facilities, Stealth Design (if such facilities conform to and comply with the conditional use requirements of LVMC 19.12.070 for that use).
   4. 4.
      When operated or controlled by a recognized religious, fraternal, veteran, civic or service organization, the following uses are permitted: a Church/House of Worship on a site of five acres or more, a Public or Private School, Primary and a Public or Private School, Secondary.
2.   
   C. Similar Uses

   1. 1.
      Additional Uses. The uses permitted in Subsection (B) of this Section are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Section are prohibited. However, additional uses may be permitted by the Director if the Director finds the use in each case to be similar to the other uses listed in Subsection (B) of this Section in accordance with the provisions of LVMC 19.12.100.
   2. 2.
      Appeal of Decision. An applicant who is aggrieved by the decision of the Director may appeal that decision to the City Council in accordance with the provisions of LVMC 19.12.100.
3.   
   D. Uses Permitted by Special Use Permit

   1. 1.
      The following uses may be permitted in the C-V District by means of Special Use Permit if in each case the parcel or use is operated or controlled by an agency or subdivision of local, state or federal government:

      1. a.
         Alcohol, On-Premise Beer/Wine;
      2. b.
         Alcohol, On-Premise Full;
      3. c.
         Banquet Facility;
      4. d.
         Convention Facility, Publicly Operated;
      5. e.
         Custodial Institution;
      6. f.
         Gaming Establishment, Restricted;
      7. g.
         Gun Club, Skeet or Target Range, or Archery Club (Outdoor);
      8. h.
         Liquefied Petroleum Gas Installation (Over 288 Gallons);
      9. i.
         Off-Premise Sign, provided, however, than an off-premise sign that qualifies as a City Communication Sign is exempt from the Special Use Permit Requirement if it meets the requirements of LVMC 19.12.120(H). An on-premise sign with off-premise messaging as described in LVMC 19.12.120(I)(b) is exempt from the Special Use Permit Requirement if it meets the requirements of LVMC 19.12.120(I)(b); or
      10. j.
          Wireless Communication Facility, Non-Stealth Design.
   2. 2.
      The following uses may be permitted in the C-V District by means of Special Use Permit without limitation as to the person or entity that operates or controls the parcel or use:

      1. a.
         Cemetery/Mausoleum;
      2. b.
         Crematory; or
      3. c.
         Mortuary or Funeral Chapel.
4.   
   E. Development Standards

   1. 1.
      Except as otherwise provided in this Section, the minimum development standards for property in the C-V District shall be established in connection with the approval of a minor review of a site development plan review pursuant to LVMC 19.16.100. The standards shall be designed to ensure compatibility of the development with existing and planned development and uses in the adjacent surrounding area.
   2. 2.
      Lots developed in the C-V District shall be subject to the Parking Design Standards of 19.08.110. The number of parking spaces required shall be calculated pursuant to the permissible uses tables of 19.12.010; however, the number of parking and loading spaces required for a site may be reduced if the applicant can provide convincing and substantial evidence of the unique operation of a particular use to support the reduction.
   3. 3.
      Signage Standards

The signage standards of LVMC 19.08.120 for the P-O District shall apply to property within the C-V District, together with the following additional standards:

1. a.
   Non-illuminated letters identifying the name of a public or semi-public institution may be permanently set on the wall of the building, providing the sign does not exceed 50 square feet.
2. b.
   Signs on public buildings meeting the foregoing criteria may be permitted on structures which are a part of the institutional architecture or which are symbolic of the institution, and the permitted square footage and maximum height limitation of public buildings signs shall apply only to the written message.
3. c.
   One institutional wall sign not to exceed 60 square feet is permitted. The sign may include an animated or LED sign face that complies with the Residential Protection Standards of LVMC 19.08.120(C).
4. d.
   In addition to the indicated signage above, additional signs may be permitted in conjunction with public and semi-public institutions subject to the review and approval of a Master Sign Plan pursuant to the provisions of LVMC 19.16.270.

1.  
   4. 4.

      In addition to the standards established above, property in the C-V District adjacent to undeveloped lots that are zoned for, or lots that are developed as, detached single-family residential uses shall be subject to the following standards:

      a. The Residential Adjacency Standards of LVMC 19.08.040(H), subject to the applicability requirements;

      b. The landscape planting standards of LVMC 19.08.040(F) and buffer standards of LVMC 19.08.070 Table 4; and

      c. The screening standards of LVMC 19.08.040(E)(4).

   5. 5.
      Properties in the C-V District that are located within areas where the Form-Based Code has been adopted shall, to the extent possible, conform to the standards of LVMC Chapter 19.09 that are associated with an adjacent transect.
   6. 6.
      Lighting Standards Applicable to Certain Areas of the City. These standards shall apply exclusively to the Lone Mountain and La Madre Foothills areas as set forth by the City of Las Vegas 2050 Master Plan. These standards are applicable to all outdoor areas of non-residential developments zoned C-V (Civic), including, but not limited to: parking lots, walkways, buildings, and all architectural elements. In the event of an emergency proclamation by a federal, state, or local government or agency, these standards shall not apply for the duration of the emergency. FAA warning lights, beacons, and other warning lighting of any kind are exempt from these standards.

      1. a.
         Lighting Colors. Light temperature shall not exceed 4000 Kelvin.
      2. b.
         Height of lighting on buildings. Any light fixtures or light emitted on buildings extending above 35 feet shall be turned off between the hours of 11 P.M. and 5 A.M.
      3. c.
         Light Shielding. Shielding of light fixtures (internal or externally shielded) shall meet the following minimum standards:

         1. i.
            For light poles lower than or equal to 10 feet: Minimum shielding angle of 15 degrees.
         2. ii.
            For light poles above 10 feet to 15 feet: Minimum shielding angle of 30 degrees.
         3. iii.
            For light poles above 15 feet to 20 feet: Minimum shielding angle of 45 degrees.
         4. iv.
            For light poles above 20 feet: Minimum additional shielding of one degree per 1 additional foot in pole height.
         5. v.
            For all accent and architectural lighting: Minimum shielding angle of 45 degrees. No deviation or relief from the standards of this Paragraph (6) is available unless approved by means of a variance in accordance with LVMC 19.16.140.

1. F.
   Applicability of Standards

   1. 1.
      The approval of a major review of the site development plan review pursuant to the provisions of LVMC 19.16.100 shall be required upon determination by the Director that the proposed development is not compatible with existing and planned development or uses in the adjacent surrounding area, or that the potential impact of the proposed project on existing and planned development or uses in the adjacent surrounding area is significant enough to require a public hearing.
   2. 2.
      The standards set forth in Paragraphs (4) and (5) of Subsection (E) of this Section are minimum requirements. Any request to deviate from these standards shall require the approval of a major review of a site development plan review pursuant to the provisions of LVMC 19.16.100.
   3. 3.
      Paragraph (6) of Subsection (E) of this Section shall apply to future development, including any and all development regarding which the necessary development or permit application have not been granted by the City as of December 1, 2024.

(Ord. 6863 §2 & 3, 03/20/24) 

(Ord. 6898 §1 & 2, 02/05/25)

(Ord. 6951 §8, 05/06/26)

Effective on: 1/1/1901

19.10.030 P-C Planned Community District

A. Intent of District 1. The Planned Community (P-C) District is established to permit and encourage the development of comprehensively planned communities, with a minimum of 3,000 contiguous acres of land under one ownership or control, which can flourish as unique communities as a result of the comprehensive planning required for this large scale of development. The rezoning of property to the P-C District is appropriate only if the Planned Community Program, with respect to such property, will accomplish the objectives set forth in Paragraph (2), below. 2. In order for property to qualify for P-C District zoning, the master developer must demonstrate the potential for achievement of the following specific objectives throughout the planning, design and development stages: a. Providing for an orderly and creative arrangement of land uses with respect to each other, to the entire Planned Community and to all adjacent land; b. Providing for a variety of housing types, employment opportunities and commercial services to achieve a balanced community for families of a wide variety of ages, sizes and levels of income;	Figure 1 - Planned Community District Map
	Map is representative of where the P-C District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as P-C (Planned Community) District.

1.   
   1.   
      3. c.
         Providing for a planned and integrated comprehensive transportation system for pedestrian and vehicular traffic, which may include provisions for mass transportation and roadways, bicycle or equestrian paths, pedestrian walkways and other similar transportation facilities;
      4. d.
         Providing for cultural, educational, medical, religious and recreational facilities;
      5. e.
         Locating and siting structures to take maximum advantage of the natural and manmade environment and to provide view corridors; and
      6. f.
         Providing for adequate, well-located and well-designed open space and community facilities.

2. B.
   Permitted Land Uses and Development Standards
   Development in the P-C District may consist of any use or combination of uses that are specifically approved for the property in the Planned Community program. The developer shall include in the Planned Community Program a listing of the uses proposed and the general arrangement for each land use category within the proposed P-C District. The listing and general arrangement of the approved land uses shall be shown in the Planned Community Program that is adopted as part of the P-C District approval.
3. C.
   Density
   The approved Planned Community Program shall establish the maximum number of dwelling units per gross acre for each residential category, as well as for the entire property. The number of dwelling units permitted per gross acre on any parcel in the P-C District shall be determined at the time the Development Plan is approved.
4. D.
   Minimum Site Area for Rezoning
   The minimum site area that is eligible for rezoning to the P-C District is 3,000 acres. Any additional tract which contains less than the minimum site area and which is contiguous to property previously zoned P-C may also be zoned P-C by the City Council if it otherwise qualifies for the P-C zoning designation and, at the time of such rezoning, is owned by or is under the control of the same property owner (including its successors and assigns) that applied for and obtained P-C zoning on the original property so zoned. The rezoning of any such additional property shall be made subject to an approved Planned Community Program applicable to that property.
5. E.
   Special Application Requirements
   Plans and documentation which must accompany a rezoning application are as follows:

   1. 1.
      A conceptual development plan for the property, including general land use designations, transportation plans and plans for open space and community facilities. A general phasing plan shall be included to indicate the intended timing of development;
   2. 2.
      Development standards that set forth: densities; building height, bulk and setback requirements; requirements for signage, landscaping, parking and open space; and procedures for Development Plan review and for modifying and deviating from the Planned Community Program;
   3. 3.
      Storm drainage information, which shall consist of a preliminary drainage study completed by a registered professional engineer on a map with a minimum contour interval of five feet;
   4. 4.
      Conceptual utility layout that includes tentative sewer and water main corridors; and
   5. 5.
      Proposed conditions, covenants and restrictions, including design guidelines.
6. F.
   Review, Recommendation and Approval

   1. 1.
      Planned Community Program. The initial zoning approval of a P-C District shall consist of a review and recommendation by the Planning Commission and approval by the City Council, in accordance with the provisions of LVMC 19.16.090. The approval of a P-C District by the City Council shall be accomplished directly by ordinance and shall include the approval and adoption of a Planned Community Program. An approved Planned Community Program shall be a matter of record and shall be made available in the Department.
   2. 2.
      Modified Planned Community Program. The developer may develop property in the P-C District in accordance with, but only in accordance with, the approved Planned Community Program and any approved modifications thereof or deviations therefrom. No modification or deviation shall be effective unless it is approved in accordance with this Section and the procedures set forth in the Planned Community Program. The Director may request modification of a program in accordance with the modification procedures set forth in the program.
   3. 3.
      Planned Community Program Procedures. A Planned Community Program shall contain procedures to provide for modification of and deviation from the program pursuant to review by the Director, the Planning Commission or the City Council, or any combination thereof, and such procedures shall be exclusive of any other procedure, other than the procedures for notification of public hearings, that is provided in this Title for the approval of any Rezoning, Variance or Special Use Permit. With respect to any modification or deviation that requires approval by the Planning Commission or City Council, or both, the modification or deviation may be approved only upon a finding by the Planning Commission or City Council, as the case may be, that:

      1. a.
         The requested modification or deviation, if approved, will not affect the rights of property owners or residents within the P-C District to maintain and enforce previously approved conditions, covenants and restrictions and other rights in the Planned Community Program; and
      2. b.
         The requested modification or deviation, if approved, will be consistent with the planning objectives and goals of the approved Planned Community Program.
   4. 4.
      Department Conformance Review-Appeal. Each Development Plan that is submitted in connection with the implementation of a Planned Community Program shall be reviewed for conformance therewith by the Director. The Director may require modifications that bring the Development Plan or site plan into conformance with applicable standards of health, safety and welfare and may recommend design adjustments to better fulfill the intent of the Planned Community Program approval and the purposes of the P-C District.
   5. 5.
      Appeal of Director’s Decision. An applicant who is aggrieved by the decision of the Director with respect to a proposed Development Plan or site plan may request a review of such decision by the Planning Commission. An applicant who is aggrieved by the decision of the Planning Commission may appeal such decision to the City Council by filing a written request for appeal with the City Clerk within 15 calendar days after the date of the Planning Commission’s decision.
7. G.
   Open Space and Landscape Area Requirements
   A minimum of 20 percent of the gross property area in the P-C District shall consist of open space, recreation facilities, multi-purpose trails, pedestrian and bikeway facilities, other common community facilities and landscaped areas in public rights-of-way. Any private recreation facility which serves more than one individual lot may be counted as a part of the minimum requirement. Specific open space and landscaped area requirements shall be set forth in the Planned Community Program.
8. H.
   Street and Subdivision Design Requirements
   All development shall conform to the standard street and subdivision design requirements set forth in LVMC Chapters 19.02 and 19.04, except as otherwise provided for specifically in an approved Planned Community Program.
9. I.
   Non-applicability of Other Provisions- Analogous Applications

   1. 1.
      The Development Standards may contain provisions for the processing and review of Minor Exceptions, Deviations, Plot Plan Reviews, Development Plan Modifications and other land use control procedures. If such procedures are so provided, they supersede the corresponding procedures set forth in this Title.
   2. 2.
      With regard to any issue of land use regulation that may arise in connection with the P-C District and that is not addressed or provided for specifically in this chapter or in an approved Planned Community Program, the Director may apply by analogy the general definitions, principles and procedures set forth in this Title, taking into consideration the intent of the approved Planned Community Program.

Effective on: 1/1/1901

19.10.040 PD Planned Development District

A. Intent of District The intent of the Planned Development (PD) District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or multi-use planned development. The rezoning of property to the PD District may be deemed appropriate if the development proposed for the District can accomplish one or more of the following goals: 1. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community; 2. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities; 3. Providing for flexibility in the distribution of land uses, in the density of development, and in other matters typically regulated in zoning districts; 4. Providing for cultural, civic, educational, medical, religious or recreational facilities, or any combination thereof, in a planned or a unique setting and design;	Figure 1 - Planned Development District Map
	Map is representative of where the PD District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as PD (Planned Development) District.

1.   
   5. 5.
      Providing for the redevelopment of areas where depreciation of any type has occurred.
   6. 6.
      Providing for the revitalization of designated areas;
   7. 7.
      Promoting or allowing development to occur in accordance with a uniform set of standards which reflect the specific circumstances of the site;
   8. 8.
      Avoiding premature or inappropriate development that would result in incompatible uses or would create traffic and public service demands that exceed the capacity of existing or planned facilities;
   9. 9.
      Encouraging area-sensitive site planning and design; and
   10. 10.
       Contributing to the health, safety and general welfare of the community and providing development which is compatible with the City’s goals and objectives.

2. B.
   Definitions

   1. 1.
      “Master development plan” means a specific written plan and accompanying maps which identify, with respect to a PD District development, the proposed location and size of development parcels, land uses and zoning designations; transportation plans and a traffic impact analysis; open space, community facilities and amenity plans; and the applicable development regulations and design standards.
   2. 2.
      “Development standards” means the minimum standards for development in the Planned Development District, including but not limited to standards for intensity and type of use; densities; building design, layout, configuration, height, coverage, spacing, bulk and setback requirements; provision for utilities; topography and drainage patterns; signage; open space and landscaping; on-site vehicular and pedestrian circulation and parking; urban design elements and features; and site amenities.
3. C.
   Rezoning And Minimum Site Area

   Property may be rezoned to the Planned Development District by the City Council in accordance with the requirements of this Section and LVMC 19.16.090. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a district development project number or label, along with the designation “PD”. The rezoning shall include the adoption of a specific master development plan and development standards.

   The minimum site area for a Planned Development District is 40 acres.

4. D.
   Application Requirements

   1. 1.
      In the case of property that is sought to be reclassified to the Planned Development District by the property owner, the owner or authorized representative must meet with the Director, or the Director’s designee, before the City has any obligation to accept the rezoning application as complete.
   2. 2.
      In addition to the submittals required by LVMC Chapter 19.16, the following must accompany an application for rezoning submitted by a property owner:

      1. a.
         A metes and bounds description of the proposed Planned Development District.
      2. b.
         A proposed master development plan for the entire site.
      3. c.
         Development standards that are proposed to be applied to the development. The development standards must include provisions regarding the installation of utility boxes and above ground utilities that are at least as restrictive as those set forth in this Tile for comparable development.
      4. d.
         Any proposed conditions, covenants and restrictions for the development, including easements and grants for public utility purposes.
      5. e.
         The location of primary and secondary thoroughfares proposed for the development, including right-of-way widths and the location of access points to abutting streets.
      6. f.
         Identification of all rights-of-way, easements, open spaces or other areas to be dedicated, deeded or otherwise transferred to the City.
      7. g.
         A plan for the extension of any necessary public services and facilities, including sewer facilities and facilities for flood control and drainage.
      8. h.
         Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, landscape, open space and signage concepts.
      9. i.
         The location and description of all buffering that is proposed between the development site and adjacent properties.
      10. j.
          Additional information and detail as may be required in order to respond to the unique characteristics of the site and its location.
5. E.
   Permitted Uses and Standards

   Any combination of residential, commercial, industrial or public uses may be permitted within a specific Planned Development District to the extent they are consistent with the Master Development Plan for that District. The uses to be permitted within the District must be specified in the adopted Master Development Plan for the District. Because of the nature and purpose of the PD District, and notwithstanding any other provision of this Section:

   1. 1.
      An application to rezone property to the PD District may be denied by the City Council, at its complete discretion, if it finds that the proposed development is incompatible or out of harmony with surrounding uses or the pattern of development within the area.
   2. 2.
      No use, type of development or development standard is presumptively permitted within the PD District unless it already has been included in the adopted plan for the District.
   3. 3.
      An application to allow within the PD District a particular use, type of development or development standard which has not already been included in the adopted plan for the District may be denied if it is incompatible or out of harmony with the surrounding uses or the pattern of development within the area.
6. F.
   Approval of Master Development Plan and Development Standards

   In connection with the approval of a Planned Development District, the City Council shall adopt a Master Development Plan and Development Standards, which will thereafter govern the development of property within the District. In considering the approval of a Master Development Plan and Development Standards for a Planned Development District, the Planning Commission and City Council shall be guided by the following objectives, and may impose such conditions and requirements deemed necessary to meet those objectives:

   1. 1.
      Consistency of the proposed development with the General Plan and other applicable plans, policies, standards and regulations.
   2. 2.
      Compatibility of the proposed development with adjacent and surrounding development.
   3. 3.
      Minimization of the development’s impact upon adjacent roadways and neighborhood traffic, and upon other public facilities and infrastructure.
   4. 4.
      Protection of the public health, safety, and general welfare.
7. G.
   Modification of Master Development Plan and Development Standards

   The development of property within the Planned Development District may proceed only in strict accordance with the approved Master Development Plan and Development Standards. Any request by or on behalf of the property owner, or any proposal by the City, to modify the approved Master Development Plan or Development Standards shall be filed with the Department. In accordance with Paragraphs (1) and (2) of this Subsection, the Director shall determine if the proposed modification is “minor” or “major,” and the request or proposal shall be processed accordingly.

   1. 1.
      Minor Modification. A Minor Modification is a modification which is requested or agreed to by the property owner and which is intended to accomplish one or more of the following:

      1. a.
         A change in the location of a use from the location specified in the approved Master Development Plan, but only if the change in location will not have a significant impact on other uses in the area.
      2. b.
         The addition of uses that are comparable in intensity to those permitted in connection with the rezoning approval or the approval of a Master Development Plan for the District.
      3. c.
         A change in parking lot layout, building location or other similar change that conforms with the intent of the previously approved Master Development Plan and Development Standards.
      4. d.
         A change in the species of plant material proposed for the District.
      5. e.
         A decrease in the density or intensity of development from that previously approved for the District.
      6. f.
         Any other change or modification of a similar nature which the Director determines will not have a significant impact on the District or its surroundings. A Minor Modification shall be reviewed and acted upon administratively by the Director. An applicant who is aggrieved by the Director’s decision may appeal that decision to the Planning Commission by filing a written appeal with the Department no later than 10 days after the date the applicant receives notice of the administrative decision.
   2. 2.
      Major Modification. A Major Modification includes any modification which does not qualify as a Minor Modification. A Major Modification shall be processed in accordance with the procedures and standards applicable to a rezoning application, as set forth in Subsections (I) to (M), inclusive, of LVMC 19.16.090.
8. H.
   Site Development Plan Review

   All development within a PD District is subject to the site development plan review procedures set forth in LVMC 19.16.100.

9. I.
   Issue Resolution – Analogous Standards

   With regard to any issue of land use regulation that may arise in connection with a Planned Development District and that is not addressed or provided for specifically in this Section or in the approved Master Development Plan and Development Standards for that District, the Director may apply by analogy the general definitions, principles, standards and procedures set forth in this Title, taking into consideration the intent of the approved Master Development Plan and Development Standards.

   1. 1.
      Signage. As this Subsection applies to standards for signage:

      1. a.
         Single and Two-Family residential developments within a PD District shall be analogous to those standards indicated in LVMC 19.06.140 for the R-1 District; and
      2. b.
         Multi-family residential developments within a PD District shall be analogous to those standards indicated in LVMC 19.06.140 for the R-3 District.

Effective on: 1/1/1901

19.10.050 R-PD Residential Planned Development District

A. Intent of R-PD District The R-PD District has been to provide for flexibility and innovation in residential development, with emphasis on enhanced residential amenities, efficient utilization of open space, the separation of pedestrian and vehicular traffic, and homogeneity of land use patterns. Historically, the R-PD District has represented an exercise of the City Council’s general zoning power as set forth in NRS Chapter 278. The density allowed in the R-PD District has been reflected by a numerical designation for that district. (Example: R-PD4 allows up to four units per gross acre.) However, the types of development permitted within the R-PD District can be more consistently achieved using the standard residential districts, which provide a more predictable form of development while remaining sufficiently flexible to accommodate innovative residential development. Therefore, new development under the R-PD District is not favored and will not be available under this Code. B. Development Standards 1. The development standards for a project, including minimum front, side and rear yard setbacks, grade changes, maximum building heights, maximum fence heights and fence design, parking standards, standards for any guest houses/casitas and other design and development criteria, shall be as established by the approved Site Development Plan Review for the development.	Figure 1 - Residential Planned Development District Map
	Map is representative of where the R-PD District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as R-PD (Residential Planned Development) District.

1.   
   2. 2.
      With regard to any issue of development standards that may arise in connection with a Residential Planned Development District and that is not addressed or provided for specifically in this Section or in the approved Site Development Plan Review for that District, the Director may apply by analogy the general definitions, principles, standards and procedures set forth in this Title, taking into consideration the intent of the approved Site Development Plan Review.

      1. a.
         Signage. As this Paragraph (2) applies to standards for signage:

         1. i.
            Single and Two-Family residential developments within a R-PD District shall be analogous to those standards indicated in LVMC 19.06.140 for the R-1 District; and
         2. ii.
            Multi-family residential developments within a R-PD District shall be analogous to those standards indicated in LVMC 19.06.140 for the R-3 District.

3. C.
   Permitted Land Uses

   1. 1.
      Single-family and multi-family residential and supporting uses are permitted in the R-PD District to the extent they are determined by the Director to be consistent with the density approved for the District and are compatible with surrounding uses. In addition, the following uses are permitted as indicated:

      1. a.
         Home Occupations for which proper approvals have been secured.
      2. b.
         Child Care-Family Home and Child Care-Group Home, to the extent the Director determines that such uses would be permitted in the equivalent standard residential district.
   2. 2.
      For any use which, pursuant to this Subsection, is deemed to be permitted within the R-PD District, the Director may apply the development standards and procedures which would apply to that use if it were located in the equivalent standard residential district.
   3. 3.
      For purposes of this Subsection, the “equivalent standard residential district” means a residential district listed in the Land Use Tables which, in the Director’s judgment, represents the (or a) district which is most comparable to the R-PD District in question, in terms of density and development type.
4. D.
   Plan Amendment Approvals, Conditions, Conformance

   Amendments to an approved Site Development Plan Review shall be reviewed and approved pursuant to LVMC 19.16.100(H). The approving body may attach to the amendment to an approved Site Development Plan Review whatever conditions are deemed necessary to ensure the proper amenities and to assure that the proposed development will be compatible with surrounding existing and proposed land uses.

Effective on: 1/1/1901

19.10.060 T-C Town Center District

A. Intent and Objectives 1. The Town Center (T-C) District is established to permit and encourage the development of a mixed-use employment center which will provide economic stability and diversification for the City of Las Vegas. The primary objective of the T-C District concept is to provide employment for in excess of 100,000 individuals while, at the same time, creating a unique blending of human habitation and economic activity. The rezoning of property to the T-C District is appropriate only if the Town Center concept will be followed and the objectives set forth in Paragraph (2) below are adhered to. 2. In the T-C District, the developer must demonstrate the potential for achieving the following outlined objectives throughout the planning, design and development stages: a. Providing for an orderly and creative arrangement of land uses with respect to each other, to the Town Center and to all adjacent properties;	Figure 1 - Town Center District Map
	Map is representative of where the T-C District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as T-C (Town Center) District.

1.   
   1.   
      2. b.
         Providing for a variety of housing types which are not found elsewhere in the City, as well as employment opportunities and commercial services to achieve a balanced community for individuals and families of wide variety of ages, sizes and levels of income;
      3. c.
         Providing for a planned and integrated comprehensive transportation system for pedestrian and vehicular traffic, which may include provisions for mass transportation and roadways, bicycle paths, pedestrian walkways and other similar transportation facilities;
      4. d.
         Providing for cultural, educational, medical, religious and recreational facilities;
      5. e.
         Locating and siting structures to take maximum advantage of the natural and manmade environment and to establish new view corridors; and
      6. f.
         Providing for adequate, well-located and well-designed open space and community facilities.

B. Permitted Land Uses and Development Standards 1. Development in the T-C District may consist of any use or appropriate combination of uses that are specifically approved for the property in the Town Center Land Use Matrix, as set forth in the Town Center Development Standards Manual (See Figure 2). The developer shall identify in a written analysis the proposed uses for each project and shall specify how each proposed use is consistent with the Land Use Matrix. 2. Development in the T-C District shall conform to the Town Center Development Standards Manual, which is hereby adopted by this reference. The Town Center Development Standards Manual shall be on file in the Office of the City Clerk and in the Department. The Town Center Development Standards Manual may be amended from time to time by ordinance or by resolution of the City Council. C. Special Application Requirements Plans and documentation which must accompany a rezoning application are as follows: 1. A conceptual development plan for the property, including general land use designations, parking plans, transportation plans and plans for open space and community facilities. A general phasing plan shall be included to include the intended timing of development; 2. Proposed development standards that set forth architecture; densities; building height, bulk and setback requirements; requirements for signage, landscaping, parking and open space. The proposed standards should demonstrate consistency and compliance with the Town Center Development Standards Manual;	Figure 2 - Town Center Development Standards Manual
	All development in the T-C District must conform to the provisions of the Town Center Development Standards Manual.  (Ord. 6575 §2 through 23, 04/19/2017)

1.   
   3. 3.
      Storm drainage information, which shall consist of a preliminary drainage study completed by a registered professional engineer on a map with a minimum contour interval of five feet;
   4. 4.
      Conceptual utility layout that includes tentative sewer and water main corridors; and
   5. 5.
      Proposed conditions, covenants and restrictions, including architectural, design and other development guidelines to be followed.

4. D.
   Development Review, Recommendation, and Approval

   1. 1.
      Zoning Approval. The rezoning of property to the T-C District shall be by means of a review and recommendation by the Planning Commission and approval by the City Council, in accordance with the provisions of LVMC 19.16.090. The approval of a T-C District by the City Council shall be accomplished directly by ordinance. The approval of a T-C District may include the approval of a Development Plan which shall thereafter govern the development of the property.
   2. 2.
      Development Approval

      1. a.
         Plans for proposed development within the T-C District must be submitted to the Department. The Director or the Director’s designee shall review the plans for conformance with the provisions of the Subchapter, and may require modifications to the proposal in order to protect the public health, safety and welfare and to better fulfill the intent of the Town Center Land Use Plan and the Town Center Development Standards Manual.
      2. b.
         Development of any project within the T-C District may be approved administratively if the proposed development:

         1. i.
            Requires no additional approval by any board or the City Council; and
         2. ii.
            Is in full compliance with the Town Center Development Standards Manual, any Development Plan which has been approved for the project, and the intent of the Town Center concept.
      3. c.
         For any other development, approval must be obtained in accordance with the procedural and substantive requirements set forth in the Town Center Development Standards Manual, this Subchapter, and the provisions of this Title.
   3. 3.
      Appeal of Decision. An applicant that is aggrieved by the decision of the Director or the Director’s designee with respect to a proposed plan for development may appeal that decision to the Planning Commission. An applicant that is aggrieved by the decision of the Planning Commission may appeal such decision to the City Council by filing a written request for appeal with the City Clerk within fifteen calendar days after the date of the Planning Commission’s decision.
5. E.
   Open Space and Landscape Area Requirements

   A minimum of 20 percent of the gross property area proposed to be added to or developed within the T-C District shall consist of any combination of open space, recreation facilities, multi-purpose trails, pedestrian and bikeway facilities, other common community facilities and landscaped areas in public rights-of-way. Any private recreation facility which serves more than one individual lot may be counted as a part of the minimum requirement. Specific open space and landscaped area requirements are as set forth in the Town Center Development Standards Manual.

6. F.
   Street and Subdivision Design Requirements

   All development shall conform to the standard street and subdivision design requirements set forth in this Title, except as otherwise provided for specifically in the Town Center Development Standards Manual.

7. G.
   Analogous Applications

   With regard to any issue of land use regulation that may arise in connection with the T-C District and that is not addressed or provided for specifically in this Section or in the Town Center Development Standards Manual, the Director may apply by analogy the general definitions, principles and procedures set forth in this Title, taking into consideration the intent of the approved Town Center Land Use Plan.

(Ord. 6575 §2 through 23, 04/19/2017)

Effective on: 1/1/1901

19.10.070 T-D Traditional Development District

A. Intent and Objectives 1. Purpose. The Traditional Development (T-D) District is established to permit and encourage the development of comprehensively planned mixed-use communities, with a minimum of forty contiguous acres of land under one ownership or control, which can generally exist as a self-contained community. The rezoning of the property to the T-D District is appropriate only if the Development Standards and Design Guidelines document that is proposed for such property will accomplish the objectives set forth in Paragraph (2) below. 2. Minimum Qualifications. In order for property to qualify for T-D District zoning, the master developer must demonstrate the potential for achievement of the following specific objectives throughout the planning, design and development stages: a. Providing for an orderly arrangement of land uses with respect to each other, to the entire area within the proposed district, and to all adjacent land; b. Providing for a balanced mix of housing types, commercial uses and civic amenities to provide a self-contained community for families of a wide variety of ages, compositions, and levels of income;	Figure 1 - Traditional Development District Map
	Map is representative of where the T-D District is located. See the Official Zoning Map Atlas for the exact location of property currently zoned as T-D (Traditional Development) District.

1.   
   1.   
      3. c.
         Providing for a hierarchical transportation system of interconnected streets, with facilities for transit, pedestrians, bicycles, recreational paths and vehicles;
      4. d.
         Providing for the means by which the needs of daily living can be met within proximity of dwellings;
      5. e.
         Providing a strong relationship between buildings and street type, with emphasis on the pedestrian nature of the community, and de-emphasizing gated private streets and culs-de-sac;
      6. f.
         Locating development to take maximum advantage of the natural environment;
      7. g.
         Providing for adequate, well-located and well-designed open space and community facilities;
      8. h.
         Providing for a variety of architecture, landscape architecture and overall image that considers local climate and topography;
      9. i.
         Providing for a center focus that combines commercial, civic, residential, cultural and recreational uses;
      10. j.
          Providing for the preservation of natural terrain drainageways (arroyos and desert washes), and of area vegetation, emphasizing these features within developed parks and natural open space; and
      11. k.
          Providing for the wise use of water and energy. Water should be conserved through participation in appropriate local water conservation programs. Energy should be conserved through the efficient and responsible design of environmentally-friendly homes and other buildings, and participation in appropriate local or national energy conservation programs.

2. B.
   Permitted Land Uses and Development Standards
   Development in the T-D District shall include residential uses, commercial uses, and civic uses. Within a proposed Development Standards and Design Guidelines document to be submitted in accordance with this Section, the developer shall include a listing of the uses proposed and the arrangement for each land use within the T-D District. The listing and arrangement of the approved land uses shall be show in the Development Standards and Design Guidelines document that is adopted as part of the T-D District approval.
3. C.
   Density
   The approved Development Standards and Design Guidelines document shall establish the maximum number of dwelling units per gross acre for each residential and mixed-use category, as well as the overall number of residential units for the entire T-D District.
4. D.
   Minimum Site Area for Rezoning
   The minimum site area that is eligible for rezoning to the T-D District is forty acres, which is the minimum area deemed necessary to accommodate a balanced mix of housing, commercial, and civic uses. Any additional tract which contains less than the minimum site area and which is contiguous to property previously zoned T-D may also be zoned T-D by the City Council if it otherwise qualifies for the T-D zoning designation and, at the time of such rezoning, is owned by or is under the control of the same property owner (including its successors and assigns) that applied for and obtained T-D zoning on the original property so zoned. The rezoning of any such additional property shall be made subject to the approved Development Standards and Design Guidelines applicable to that property.
5. E.
   Special Application Requirements
   Plans and documentation which must accompany a rezoning application are as follows:

   1. 1.
      Proposed Development Standards and Design Guidelines that set forth:

      1. a.
         A conceptual development plan for the property, including general land use designations, transportation plans, and plans for open space and civic facilities;
      2. b.
         Densities;
      3. c.
         Building height, bulk and setback requirements;
      4. d.
         Requirements for signage, landscaping, parking and open space;
      5. e.
         Grading, terracing and retaining wall requirements;
      6. f.
         A general phasing plan to indicate the intended timing of developments; and
      7. g.
         Procedures for Development Plan review and for modifying and deviating from the Development Standards and Design Guidelines;
   2. 2.
      Storm drainage and grading information, which shall consist of a preliminary drainage study completed by a registered professional engineer on a map with a minimum contour interval of five feet;
   3. 3.
      Conceptual utility layout that includes tentative sewer and water main corridors; and
   4. 4.
      If required by the Director, a draft development agreement as contemplated by NRS 278.0201 to NRS 278.0207, the substance of which has been deemed acceptable by the Director.
6. F.
   Review, Recommendation and Approval

   1. 1.
      Development Standards and Design Guidelines. The initial zoning approval of a T-D District shall consist of a review and recommendation by the Planning Commission and approval by City Council, in accordance with the provisions of LVMC 19.16.090. The approval of a T-D District by the City Council shall be accomplished directly by ordinance and shall include the approval and adoption of a Development Standards and Design Guidelines document. An approved Development Standards and Design Guidelines document shall be a matter of record and shall be made available in the Department.
   2. 2.
      Adherence to Development Standards and Design Guidelines. The developer may develop property in the T-D District in accordance with, but only in accordance with, the approved Development Standards and Design Guidelines and any approved modifications thereof or deviations therefrom. No modification or deviation shall be effective unless it is approved in accordance with this Section and the procedures set forth in the Development Standards and Design Guidelines. The Director may request modification of a program in accordance with the modification procedures set forth in the program. 
   3. 3.
      Modification/Deviation Procedures. The Development Standards and Design Guidelines shall contain procedures to provide for modification of and deviation from the program pursuant to review by the Director, the Planning Commission or the City Council, or any combination thereof, and such procedures shall be exclusive of any other procedure, other than the procedures for notification of public hearings, that is provided in this Title for the approval of any Rezoning, Variance or Special Use Permit. With respect to any modification or deviation that requires approval by the Planning Commission or City Council, or both, the modification or deviation may be approved only upon a finding by the Planning Commission or City Council, as the case may be, that: 

      1. a.
         The requested modification or deviation, if approved, will not substantially affect the rights of property owners or residents within the T-D District to maintain and enforce any covenants, conditions and restrictions that have been approved by the City, or any other rights they might have in the Development Standards and Design Guidelines; and 
      2. b.
         The requested modification or deviation, if approved, will be consistent with the planning objectives and goals of the approved Development Standards and Design Guidelines. 
   4. 4.
      Department Conformance Review. Each Development Plan that is submitted in connection with the implementation of the Development Standards and Design Guidelines shall be reviewed for conformance therewith by the Director. The Director may require modifications that bring the Development Plan or site plan into conformance with applicable standards of health, safety and welfare, and may recommend design adjustments to better fulfill the intent of the Development Standards and Design Guidelines approval and the purposes of the T-D District. 
   5. 5.
      Appeal of Director’s Decision. An applicant who is aggrieved by the decision of the Director with respect to a proposed Development Plan or site plan may request a review of such decision by the Planning Commission. An applicant who is aggrieved by the decision of the Planning Commission may appeal such decision to the City Council by filing a written request for appeal with the City Clerk within fifteen calendar days after the date of the Planning Commission’s decision.
7. G.
   Open Space and Landscape Area Requirements
   The Development Standards and Design Guidelines shall identity a minimum percentage of the gross property area in the T-D District to be allocated for open space, recreational facilities, multi-purpose trails, pedestrian and bikeway facilities, other common community facilities, and landscaped areas in public rights-of-way. Any private recreation facility which serves more than one individual lot may be counted towards the minimum requirement. Specific open space and landscaped area development standards shall be set forth in the Development Standards and Design Guidelines.
8. H.
   Street and Subdivision Design Requirements
   All development shall conform to the standard street and subdivision design requirements set forth in this Title, except as otherwise provided for specifically in the approved Development Standards and Design Guidelines.
9. I.
   Nonapplicability of Other Provisions – Analogous Applications

   1. 1.
      The Development Standards and Design Guidelines may contain provisions for the processing and review of Minor Exceptions, Deviations, Plot Plan Reviews, Development Plan Modifications and other land use control procedures. If such procedures are so provided in approved Development Standards and Design Guidelines, those procedures supersede the corresponding procedures set forth in this Title.
   2. 2.
      With regard to any issue of land use regulation that may arise in connection with the T-D District and that is not addressed or provided for specifically in this Section or in the approved Development Standards and Design Guidelines, the Director may apply by analogy the general definitions, principles and procedures set forth in this Title, taking into consideration the intent of the approved Development Standards and Design Guidelines.

Effective on: 1/1/1901

19.10.080 A-O Airport Overlay District

A. Establishment 1. There is hereby established an Airport Overlay District which consists of those certain areas that are delineated on the following maps: a. The McCarran International Airport Official Airspace Zoning Map; Sheet Number 3, prepared by the Clark County Airport Engineering Department, dated July 18, 1990; hereafter known as the ”McCarran Airport Overlay Map” and; b. The North Las Vegas Air Terminal Official Airspace Zoning Map, consisting of one sheet, prepared by the Clark County Airport Engineering Department, dated July 18, 1990; hereafter known as the “North Las Vegas Airport Overlay Map.” 2. An area which is identified on more than one airport map is considered to be only in the map with the more restrictive height limitations. 3. Copies of the “McCarran Airport Overlay Map” and the “North Las Vegas Airport Overlay Map,” are maintained in the Department. 4. Although not included as part of the Airport Overlay District, consideration shall be given to the protection of the Nellis Air Force Base airspace.	Figure 1 - Airport Overlay District Map
	Map is representative of where the A-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the A-O (Airport Overlay) District.

2. B.
   Airport Height Limitations

   Except as otherwise provided in this Section, no structure shall be erected, altered or maintained on any parcel within the boundaries of the Airport Overlay District that would violate the height limitations depicted in the maps adopted herewith. All development within the airspace above the height of 35 feet above the surface of the land, lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces, shall be subject to the height standards established on the Airport Overlay Maps. However, nothing in this Section shall be construed as prohibiting the construction or maintenance of any structure to a height up to 35 feet above the surface of the land on any parcel.

3. C.
   Aviation Easement

   The issuance of a building permit for construction on property within the Airport Overlay District may be conditioned upon the property owner’s signing of an aviation easement.

4. D.
   Planning Commission Review and Approval

   Except as provided in Subsection (E) below, any new construction or alteration of any existing structure on a parcel located within the Airport Overlay District must first be approved by the Planning Commission if such construction or alteration exceeds any of the following height standards:

   1. 1.
      Two hundred feet above the ground level at its site;
   2. 2.
      The plane of an imaginary surface extending outward and upward at a slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of any airport subject to the provisions of this subchapter;
   3. 3.
      For highways, railroads and other traverse ways for mobile objects; if construction or alteration is of greater height than the standards set forth in Paragraphs (1) or (2) above, after their height has been adjusted upward for the appropriate traverse way as follows:

      1. a.
         For interstate highways: 17 feet;
      2. b.
         For any other public roadways: 15 feet;
      3. c.
         For any private road: 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater;
      4. d.
         For any railroad: 23 feet;
      5. e.
         For a waterway or any other unspecified traverse way: the height of the highest mobile object that would normally use the traverse way.
   4. 4.
      Any construction or alteration that would be in an instrument approach area and available information indicates the height might exceed any FAA obstruction standard.
5. E.
   Allowable Construction

   Planning Commission review may be waived for construction or alteration of any of the following:

   1. 1.
      An object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographical features of equal or greater height, and would be located in the congested area of the City where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation;
   2. 2.
      An antenna structure of 20 feet or less in height above ground level;
   3. 3.
      An air navigation facility, airport visual approach or landing aid, aircraft arresting device or meteorological device of a type, the location and height of which is fixed by its functional purpose.
6. F.
   Use Restrictions

   Notwithstanding any other provision of this Section, no use may be made of land or water within any zone established by this subchapter in such a manner as to create electrical interference with navigation signals or radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and others; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards; or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport, or which in any way compromises public safety.

7. G.
   Non-Conforming Uses

   1. 1.
      The regulations prescribed by this Section shall not be construed to require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date of this Section, or otherwise interfere with the continuance of a non-conforming use. Nothing contained in this Section shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Section and is diligently prosecuted.
   2. 2.
      Notwithstanding the preceding provisions of this Section, the owner of any existing nonconforming structure may be required to install, operate and maintain thereon such markers and lights as may be deemed necessary by the aviation authority having jurisdiction to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction.
8. H.
   Special Use Permit

   1. 1.
      Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would exceed the limitations of this Section may apply to the Planning Commission for a Special Use Permit. The Special Use Permit application shall be processed in accordance with the Special Use Permit procedures set forth in LVMC 19.16.110, except that:

      1. a.
         The applicant shall notify the FAA regional office and the Clark County Department of Aviation of the application prior to the time of submission; and
      2. b.
         Any approval by the Planning Commission must be referred automatically to the City Council for final disposition.
   2. 2.
      Notwithstanding the preceding provisions of this Section, no Special Use Permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this Section or any amendment thereto.

Effective on: 1/1/1901

19.10.090 CD-O Designed Commercial Overlay District

A. Intent or Purpose The purpose of the CD-O Designed Commercial Overlay District is to provide standards for the development of a select type of light commercial uses which will be in harmony with the neighborhood in which the development is located. This is intended to overlay a standard commercial Zoning District in areas where it is necessary to preserve and maintain the character of surrounding land uses with less intense commercial development. B. Development Standards   Unless otherwise approved by the City Council in a Site Development Plan, building heights in the Designed Commercial Overlay District shall not exceed: 1. One story or 20 feet, whichever is less, for parcels that front Charleston Boulevard between Rancho Drive and Valley View Boulevard; 2. Two stories or 35 feet, whichever is less, for all other parcels. 3. In addition to the standards listed above, lot coverage shall not exceed more than 30% and rear setbacks shall not be less than 25 feet. C. Uses In addition to any applicable standards that may exist for a particular use, uses within the CD-O District shall also conform to the standards referenced in LVMC 19.12.080.

Figure 1 - Designed Commercial Overlay District Maps

	Maps are representative of where the CD-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the CD-O (Designed Commercial Overlay) District.

Effective on: 1/1/1901

19.10.100 DC-O Downtown Casino Overlay District

A. Boundaries There is hereby created the Downtown Casino Overlay District, whose boundaries are depicted in Figure 1. Within the Downtown Casino Overlay District (referred to in this Section as the “District”), a sub-district is created, to be referred to as the Special Signage Sub-district (or the “Sub-District”), whose boundaries are also depicted in the map that appears in Figure 2. B. Special Sign Standards-Background The area encompassed by the Downtown Casino Overlay District contributes greatly to the international identity, historical significance, and economic welfare of the City of Las Vegas. One of the key characteristics of this area virtually since its inception is the prominence of neon and illuminated signage, especially within the area encompassed by the Sub-district. Recognizing the unique role of such signage in this context, it is important to provide sign standards that apply only within this District, in order to ensure that future sign development is consistent with the appearance of established signage themes within this District and generates excitement and positive visual interest. The sign standards that follow initially will apply only to property within the Sub-district, with the possibility of expanded application in the future. The sign standards that follow have been developed to promote the general health, safety and welfare of the citizens and visitors, to maintain and enhance the historic Fremont Street sign character, and specifically to address the following issues:	Figure 1 - Downtown Casino Overlay District Maps
	Maps are representative of where the DC-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the DC-O (Downtown Casino Overlay) District.

1. Encourage displays of signage to enhance the District as a nationally recognized place - Although Las Vegas is nationally and internationally renowned for its role as the world’s gaming capital, possibly the most visible symbol of this role is the exuberant and abundant signage of its casinos and related businesses. The continued development of more and better signage will continue to enhance this role. 2. Preserve the tradition of neon art made famous by the casinos of Fremont Street - Of all the types of signage in Las Vegas, neon signage figures most prominently in the history of the City and generates the greatest affection of both visitors and local residents. It is important that not only new signage continue this tradition of neon art, but also that the remaining and salvaged neon signs be refurbished, preserved and displayed in proximity to the Fremont Street Experience and surrounding area. Maintaining and preserving the history of “Glitter Gulch,” which is unique to Las Vegas, is vital to the ongoing sense of community and pride for the City. There will, therefore, be a general expectation that future signage development within the area around the Fremont Street Experience will contribute to the sense of the area as a special place.

Figure 2 - Special Signage Subdistrict

Map is representative of where the DC-O District “Special Signage Sub-district” is located, along with the associated 125-foot buffer area.

1.   
   3. 3.
      Celebrate the best of the sign makers’ art - The neon and animated signage displayed within the District represents some of the most complex signage ever produced, and is the state of the sign makers’ art at this point in time. It is important that this District continue to provide a forum for cutting-edge signage and displays, particularly in neon and animated forms, which will support and bolster the reputation of Las Vegas in these areas.
   4. 4.
      Strengthen the standing of the District as an integral and essential component of Downtown Las Vegas - The development of additional signage, particularly in relation to existing, new and future development along the Fremont Street corridor, can enhance the visually exciting character of the existing signage along Fremont Street, including the spectacular canopy shows, if it is illuminated, animated, or neon in character.
   5. 5.
      Preserve, protect and enhance the historic character of the District - Many of the historically significant signs and displays incorporate distinct and readily identifiable images, such as the famous “Vegas Vic” neon sign. It is important that the future advertising within this area consider the use of iconic images or three-dimensional representations that can be compatible with the established historical context of the District.
   6. 6.
      Improve the quality and appearance of new development within the District - Advertising signage, particularly that involving the use of neon displays or animated features, can be an excellent way of attracting attention in a positive way to new development within the District. Whereas some areas can be spoiled through signage, the established character of this District, much like Times Square in New York City, can only benefit through enhanced signage on new development and older buildings, provided that new signage is compatible with established, existing signage in the area.
   7. 7.
      Provide freedom of architectural and artistic expression within the District - One of the hallmarks of casino development in Las Vegas has been the flexibility with which a variety of architectural styles and features have been blended to create a unique urban form. It is important that signage can also be freely designed to create visual interest that matches and supports the architectural interest of the buildings themselves.
   8. 8.
      Encourage the redevelopment of the area - In order for properties within the District to compete successfully in the regional Las Vegas casino environment, it is vital that redevelopment of vacant or underutilized sites be encouraged by all available means. Although such expansion may include new casino development, redevelopment can also mean other forms of new development, such as retail and freestanding entertainment venues, including new signage that creates a visually exciting and vibrant atmosphere within the District.

3. C.
   Special Sign Standards

   1. 1.
      Signs on parcels within the Sub-district are exempt from the sign regulations contained in this Title to the extent that those regulations are inconsistent with the provisions of this Section. However, signs on parcels within the Sub-district that are also within the boundaries of the SB-O Las Vegas Boulevard Scenic Byway Overlay District are subject to the standards contained in LVMC 19.10.160. Provisions of this Title related to signage that are not inconsistent with the provisions of this Section shall continue to apply to signs within the District. Such provisions of this Title related to signage may be applied by the Director or be made applicable as part of the review and approval process set forth in this Section.
   2. 2.
      Any sign existing in the District as of January 2, 2002 that conforms to the provisions of this Title related to signage or has been allowed to continue under nonconforming status may continue under the provisions of this Section as long as a current permit is maintained, the sign is structurally sound and in good working order, and the sign does not create a public nuisance or otherwise violate any ordinance, regulation or statute. Except as otherwise provided by ordinance, any such sign shall not be subject to removal or modification by reason of any amendment to this Title.
   3. 3.
      The sign standards contained in this Section shall:

      1. a.
         Be interpreted and applied with reference to the background provisions set forth in Subsection (B) above;
      2. b.
         Apply to all property, development, expansion and renovation within the Sub-district except property located within or directly abutting the boundaries of the Pedestrian Mall, as described in LVMC Chapter 11.68; and
      3. c.
         Apply to any building facade within 75 feet of the centerline of the streets that border the Sub-district (referred to hereafter as the “buffer area.”). (See “F” of Figure 3)
   4. 4.
      The development, construction, expansion, or renovation of freestanding signs within the Sub-district is prohibited, except signs that:

      1. a.
         Belong to or are within the Neon Museum collection;
      2. b.
         Have been declared by the Las Vegas Historic Preservation Commission to be “historic” or “contributing”; or
      3. c.
         Are components of a way finding system or identity program for the Sub-district.
   5. 5.
      Each wall-mounted sign within the Sub-district shall be a minimum of 10 feet vertically above the height of the finished sidewalk along public rights-of-way and public pedestrian pathways. (See “J” of Figure 3) On-premise signs that do not exceed 65 square feet in size are exempt from this requirement, provided that there is a separation between such signs of at least 50 linear feet along the right-of-way or pathway. (See “E” of Figure 3)

Figure 3 - Special Sign Standards 19.10.100(C)

(Ord. 6207 § 4, 08/15/12)

1.   
   6. 6.
      Except with respect to supergraphic signage that is permitted in accordance with LVMC 19.08.120(H), all new signage located within the Sub-district shall incorporate exposed neon, LED, animation, or any combination thereof, in at least 50% of the total surface area of such signage, excluding awning signs.
   7. 7.
      Individual sign surface areas shall not exceed a total of 1,500 square feet.

8. For any one wall, the maximum wall coverage for the composite total of all sign surface areas shall not exceed 50% of the eligible wall signage area, as depicted in Figure 4. This limitation does not apply to roof signs located above the roofline of the building facade nor to transparent supergraphic signage. 9. The minimum separation distance between off-premise signs shall be five feet. 10. The total sign surface area of each wall mounted, roof mounted, or parapet mounted sign shall not exceed 1,500 square feet, and no such sign shall extend vertically more than 20 feet above the height of the parapet. 11. Animated signs must be fully operational and continuously animated 24 hours a day. Changes to the image or other animation feature must occur no less frequently than every 30 seconds, except when required maintenance or change of message dictates otherwise.	Figure 4 - Maximum Eligible Wall Coverage
	The city does not encourage the encroachment of signage into public rights-of-way. Where all necessary approvals have been received, signs may not encroach into any public right-of-way, or any intersection more than 8 feet.

1.   
   12. 12.
       Each off-premise sign with at least two rotating or changing messages, images or contents, must change at least once every 30 seconds, and the sign must be framed by a decorative faceplate or frame that is at least 18 inches in width and that includes at least one band of illuminated neon tubing completely surrounding the sign.
   13. 13.
       At least 75% of off-premise signs are encouraged to be used to advertise places, products, goods, services, idea or statements whose subject is available or located within the District.

14. All signs must be fully illuminated from at least one hour before dusk until one hour after dawn. Signs may be fully illuminated during daylight hours also. 15. Signs may not encroach into any public right-of-way, or any intersection more than eight feet perpendicular to the building wall to which the sign is attached. (See Figure 5) Marquee signage along Fourth Street is exempt from this limitation. The City does not encourage encroachment of signage into public rights-of-way, and the applicant or sign owner must obtain all necessary encroachment approvals before the installation of any sign. 16. The owner and operator of each sign is responsible for ensuring that appropriate sign maintenance occurs and that repairs of damaged signs are accomplished promptly.     (Ord. 6207 § 2, 08/15/12) (Ord. 6250 §2, 05/01/13)	Figure 5 - Signage Projection (Top Down View)
	The city does not encourage the encroachment of signage into public rights-of-way. Where all necessary approvals have been received, signs may not encroach into any public right-of-way, or any intersection more than 8 feet.

4. D.
   Special Sign Standards-Review and Approval Procedures

   1. 1.
      Downtown Design Review Committee. There is hereby created a Downtown Design Review Committee (DDRC) for the review of signs proposed to be located within the District. The DDRC shall be composed of:

      1. a.
         Two members of the Planning Commission appointed by the Commission;
      2. b.
         One representative of the Department designated by the Director;
      3. c.
         One representative of the City’s Department of Economic and Urban Development, designated by its Director; and
      4. d.
         Three owners of businesses located within the Downtown Las Vegas Overlay District, as appointed by the Mayor.

      Except as otherwise provided in Paragraph (2) below, the DDRC shall have the authority to review and approve application for all signs, subject to the provisions of this Section. Members shall serve three-year terms and may be reappointed. As referred to in, and contemplated by, the provisions of LVMC 19.10.120 and 19.10.160, the DDRC also reviews signs proposed to be located within the DE-O Downtown Entertainment Overlay District and the SB-O Las Vegas Boulevard Scenic Byway Overlay District, respectively.

   2. 2.
      Administrative Review. Except where a deviation from applicable standards is requested, an application submitted pursuant to Paragraph (3) below for the review of signage under this Subsection (D) may be reviewed administratively by the Director (the term “Director” including, for purposes of this Subsection, the Director’s designee). The Director may approve, approve with conditions, or deny the application.

      1. a.
         The Director shall provide written notice of the decision, which shall include the reasons for the decision and, if the decision is to approve the design of the sign, any modifications, conditions or limitations that the Director may impose. The notice shall be provided to the applicant or the applicant’s agent. An administrative approval of the design of a sign does not constitute the approval of a permit. The applicant will be responsible for obtaining all necessary permits from the City prior to beginning any work related to the design review approval.
      2. b.
         All applications submitted under this Subsection (D) that are determined not to be eligible for administrative review under this Paragraph (2) will be forwarded to the DDRC as provided for in Paragraph (3) below.
   3. 3.
      Application Process. Sign applications shall be submitted to the Department in accordance with the same procedures set forth in LVMC 19.16.270 for Master Sign Plan applications. The Department shall forward to the DDRC for review and action each application that is determined no to be eligible for administrative review under Paragraph (2) above. The DDRC shall review the application and shall approve, approve with conditions, or deny the application.
   4. 4.
      Design Review Provisions. The following design review procedures shall apply:

      1. a.
         The DDRC or Director, as applicable, may approve a sign application for single or multiple uses upon a determination that each sign is compatible with the theme and overall character to be achieved in the area. The DDRC or Director shall base the assessment of compatibility on the following criteria:

         1. i.
            The application’s compliance with the standards identified in this Section.
         2. ii.
            The relationship of the scale and placement of the sign to the building or premises upon which it is to be displayed.
         3. iii.
            The relationship of colors of the sign to the colors of adjacent buildings and nearby street graphics.
         4. iv.
            The similarity or dissimilarity of a sign’s size and shape to the size and shape of other signs in the area.
         5. v.
            The similarity or dissimilarity of the style of lettering on the sign to the style of lettering of nearby street graphics.
         6. vi.
            The compatibility of the type of illumination, if any, with the type of illumination in the area.
         7. vii.
            The compatibility of the materials used in the construction of the sign with the material used in the construction of other signs in the area.
         8. viii.
            The aesthetic and architectural compatibility of the proposed sign with the building upon which the sign is suspended, including its signage, and with the surrounding buildings and their signage.
         9. ix.
            The sign’s use of high quality, durable materials such as hardwoods, painted wood, metal, stainless steel, painted steel, brass or glass.
      2. b.
         Applications for design review by the DDRC shall be processed as follows:

         1. i.
            Applications shall be forwarded to the DDRC by the Department at least one week prior to the regularly scheduled DDRC meeting.
         2. ii.
            Approval or denial of an application by the DDRC shall be made in writing with reasons for approval, denial, or approval with conditions, within three days following each DDRC meeting. In the event written notification of the action is not provided within that period, the application shall be deemed to have been denied. Decisions of the DDRC may be appealed to the City Council in accordance with the provisions of Paragraph (6) below.
   5. 5.
      Waivers. The DDRC is authorized to waive any of the sign standards set forth in Subsection (C), other than the prohibitions contained in Paragraph (4) thereof, if:

      1. a.
         The applicant establishes that a waiver is warranted based upon conditions specific to the parcel; and
      2. b.
         The DDRC determines that the waiver:

         1. i.
            Will not compromise the design objectives of the sign standards; and
         2. ii.
            Will further the City’s redevelopment efforts.
   6. 6.
      Appeals.

      1. a.
         An applicant is aggrieved by the Director’s decision, including any condition attached to the approval of an application, may appeal the decision to the DDRC by written request within 10 days after the date of decision by the Director. The appeal must be filed with the Department. The appeal hearing shall be scheduled as soon as is reasonably possible, and appropriate notice of the hearing shall be provided. The DDRC may affirm, reverse or modify the Director’s decision. Notice of the DDRC’s decision shall be provided to the applicant or the applicant’s agent.
      2. b.
         The applicant may appeal a decision of the DDRC to the City Council. An appeal must be in written form and must be filed in the office of the City Clerk, with a copy to be filed in the office of the Department. The appeal must be filed within 10 days after notification of the administrative decision has been given (or within 10 days after the deadline for notification has passed), and shall specifically describe the decision at issue and the basis for the appeal. The appeal shall be considered on the next available agenda of the City Council.
   7. 7.
      Rules and Regulations. The DDRC shall have the authority to adopt rules and regulations concerning its administrative procedures.
   8. 8.
      Exceptions. Notwithstanding the provisions of this Subsection (D), supergraphic signage within the DC-O District is exempt from the review by the DDRC.

(Ord. 6207 § 3, 08/15/12)

(Ord. 6250 §3, 05/01/13)

(Ord. 6608 § 5, 12/06/17)

Effective on: 1/1/1901

19.10.110 DTLV-O Downtown Las Vegas Overlay District

A. Intent The intent of the DowntownLas Vegas Overlay District is to establish special development standards for development within the City’s established urban core. The boundaries of the District are described in the Downtown Las Vegas Overlay District Map (see Figure 1), as the boundaries may be amended from time to time. B.            Development Standards Development within the Downtown Las Vegas Overlay District shall conform to the development standards set forth in the document entitled “Interim Downtown Las Vegas Development Standards” (the “Development Standards”). Those Development Standards are adopted and incorporated by this reference, and shall appear as Appendix F to this Title. In addition, development within the boundaries of any sub-districts within the Downtown Las Vegas Overlay District shall conform to applicable Development Standards that have been adopted for that sub-district. As and when such Development Standards for sub-districts are adopted, they shall be deemed to be incorporated into this Subsection by this reference.

Figure 1 - Downtown Las VegasOverlay District Maps

Copies of all Development Standards adopted by the City Council (whether published separately or not) shall be on file in the Office of the City Clerk and in the Department. The Development Standards are mandatory and shall apply to any property and zoning category within the District, and any Development Standards adopted for any sub-district are mandatory and shall apply to any property and zoning category within the sub-district to which they pertain. Development Standards referred to in this subsection may be amended from time to time by ordinance or by resolution of the City Council. If the City Council adopts more restrictive design standards for one or more additional sub-districts within the Downtown Las Vegas Overlay District, those more restrictive standards shall apply to the sub-district to which they pertain. C. Special Provisions In order to encourage the development of a complex, visually interesting and urbane walkable mixed-use environment, and to encourage transit-oriented development as future transit routes and stations develop within the Downtown area, properties

Maps are representative of where the DTLV-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the DTLV-O (Downtown Las Vegas Overlay) District.

Effective on: 1/1/1901

19.10.120 DE-O Downtown Entertainment Overlay District

A. Establishment of the District There is hereby created the Downtown Entertainment Overlay District (the “District”), consisting of that area of the City bounded by Ogden Avenue on the north, Carson Avenue on the south, Las Vegas Boulevard on the west and 8th Street on the east. The boundaries are depicted in Figure 1. B. Intent of District The creation of the District is intended to further the City’s downtown redevelopment plans in the spirit of restoring downtown Las Vegas as a dynamic, vibrant center for the entire Las Vegas Valley. Creation of the District is also intended to: 1. Create a safe and secure environment; 2. Eliminate urban blight; 3. Revitalize surrounding neighborhoods; 4. Foster economic development opportunities and expand free enterprise; 5. Eliminate criminal activities;

Figure 1 - Downtown Entertainment Overlay District Maps

6. Make the Fremont East area a community of choice for business and citizens; 7. Adjust the zoning and licensing restrictions to encourage non-gaming blues and jazz nightclubs, comedy clubs, and other musical entertainment venues; 8. Leverage the popularity of the nearby Neonopolis and Fremont Street Experience attractions with the proposed physical proximity of the new district; 9. Encourage and facilitate the creation of an improvement district for a commercial area vitalization project for the District. C. Parking Requirements For any banquet facility, restaurant, café, tavern, bar, supper club, billiard parlor, nightclub/discotheque, general retail store or video arcade that is approved by means of Special Use Permit or otherwise for a parcel located within the District, the on-site parking requirements set forth in this Title shall not apply. The Special Use Permit or other approval may include conditions designed to mitigate any impacts related to parking.

Maps are representative of where the DE-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the DE-O (Downtown Entertainment Overlay) District.

4. D.
   Signage Standards

   Except as otherwise provided in LVMC 19.10.160(C)(2) with respect to properties located within the SB-O Las Vegas Boulevard Scenic Byway Overlay District, and except with respect to supergraphic signage that is permitted in accordance with LVMC 19.08.120(H), all new signage shall incorporate exposed neon, LED, animation, or any combination thereof, in at least 50% of the total surface area of such signage.

(Ord. 6207 § 5, 08/15/12)

(Ord. 6250 §4, 05/01/13)

5. E.
   Review and Approval Procedures (General)

   Except as otherwise provided in this Subsection (F), any application for development within the Downtown Entertainment Overlay District shall be processed in accordance with the normal review and approval processes set forth in LVMC Chapter 19.16. Any application for new signage shall be processed in accordance with the procedures described in Subsection (D) of LVMC 19.10.100. The provisions of LVMC 19.10.100(D)(8) shall apply to supergraphic signage within the DE-O District.

(Ord. 6250 §5, 05/01/13)

6. F.
   Relationship to Other Provisions

   All provisions of this Title shall apply to property within the District except to the extent that they conflict with the provision of this Section.

(Ord. 6806 § 63, 04/06/2022)

Effective on: 1/1/1901

19.10.130 G-O Gaming Enterprise Overlay District

A. Intent The intent of the Gaming Enterprise Overlay District is to reflect the implementation of the provisions of LVMC Chapter 6.40 and State law that pertain to gaming enterprise districts. The boundaries of the Gaming Enterprise Overlay District are as set forth in the map or maps established under LVMC Chapter 6.40. B. Change of Boundaries Any change to the boundaries of the Gaming Enterprise Overlay District shall be in accordance with the rezoning procedures established in LVMC 19.16.090, as well as the requirements of State law and LVMC 6.40.160. C. Height Standard Exemption  All licensed gaming establishments within the Gaming Enterprise Overlay District are exempted from the automatic application of any height limitations specified in LVMC Chapter 19.08 . However, the exemption does not prohibit the City Council from imposing a similar or equivalent height limitation in connection with the approval of a site development plan.

Figure 1 - Gaming Enterprise Overlay District Maps

	Maps are representative of where the G-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the G-O (Gaming Enterprise Overlay) District.

Effective on: 1/1/1901

19.10.140 HS-O Hillside Overlay District

1. A.
   Introduction

   The west boundary of the City of Las Vegas abuts the Spring Mountain Range. A significant portion of the area along this boundary is designated as national conservation and wilderness area. Eventually the foothills leading up to this area will be affected by development and will require special consideration and a development style that will provide for the unique situations which result from the slope of the land.

B. Adoption, Purpose and Intent 1. The purposes of this Section are to: a. Adopt criteria for the development of properties within hillside areas, which are defined as any portion of land with a vertical slope of fifteen percent or greater; and b. Ensure that development in hillside areas is in compliance with the goals, policies, and implementing strategies of the Master Plan. 2. This Section: a. Shall apply to development with natural slopes of fifteen percent or more; b. Is intended to encourage and guide low density, rural type, large lot or cluster, single family residential development that is designed to be compatible with the hillside terrain and its environment; and c. Is intended to guide the design of development to work with the land, rather than to alter the land to accommodate the development.	Figure 1 - Hillside Development District Map
	Map is representative of where the HS-O District is located. See the specific requirements listed in this Section for the location and site conditions that qualify properties to fall within the HS-O (Hillside Development Overlay) District.

1.   
   3. 3.
      In general, all development in hillside areas shall be designed with the following considerations:

      1. a.
         Protect and conserve significant natural and visual resources, including major boulder outcrops, major ridges and peaks, prime wildlife habitat, and unique vegetation specimens;
      2. b.
         Protect people and property from potentially hazardous conditions that are particular to mountains and hillside areas, including rock falls, other unstable slopes, flooding, subsidence, erosion and sedimentation, range fires, soils with high shrink swell capacity, foundation instability, and air pollution;
      3. c.
         Protect water quality, air quality, and other resources, such as soil and natural vegetation, from incompatible land uses;
      4. d.
         Minimize the public costs of providing public services and facilities such as streets, water, sewer, emergency services, sanitation services, parks and recreation;
      5. e.
         Ensure that decisions regarding development in hillside areas are based on complete and accurate information about the environmental conditions and probable development impacts;
      6. f.
         Minimize the impacts of development by controlling the location, intensity, pattern, design, construction techniques, and materials of development and construction;
      7. g.
         Maintain significant open spaces that provide view corridors and land use buffers, and maintain the City’s unique desert setting;
      8. h.
         Protect landmarks, prime wash area habitats, and environmentally sensitive lands, while also recognizing the legitimate expectations of property owners and the City’s overall economic goals;
      9. i.
         Encourage innovative planning, design, and construction techniques for development in environmentally sensitive areas; and
      10. j.
          Minimize grading and site disturbance to maximize compatibility with the natural terrain.

3. C.
   Standards and Guidelines

   Development plans must demonstrate compliance with this Section. However, there is flexibility in the degree to which a requirement of this Section may be addressed by a development plan and the method used to comply. An applicant who believes that a particular standard does not or should not apply to the applicant’s project has the burden to demonstrate why not, and to provide a solution that will meet the intent of the goals and objectives of this Section.

   1. 1.
      Density

      1. a.
         The maximum density for a proposed development shall be that permitted by the adopted plan for the area in which the proposed development is located. Where no specific plan for that area has been adopted, the maximum density shall be that established by the land use element of the General Plan.
      2. b.
         The maximum recommended density within hillside development is two units per acre. Large lot development is encouraged. Nonresidential development other than public facilities is discouraged.
      3. c.
         One hundred percent site disturbance may occur on areas of a lot or parcel with a slope of less than fifteen percent. Sites with a slope of fifteen percent or greater are subject to the allowable maximum percentage of site disturbance as set forth below:

1.   
   1.   
      4. d.
         Density and site disturbance may be transferred from portions of a lot or parcel with a slope of fifteen percent or greater to any other portion of the lot, parcel or development site. The portions of the lot or parcel from which density and site disturbance are transferred shall be designated as natural areas. The gross density of the parcel(s) to which density is transferred shall not exceed that allowed by the zoning of the property.
2.   
   2. 2.
      Site Design (See Figures 2, 3 and 4)

      1. a.
         Structures shall be sited in a manner that will fit into the hillside’s contour and relate to the form of the terrain. This may be done through a variety of methods, such as varying setbacks and structure heights; the use of innovative building techniques (e.g., earth shelter or earth berm construction); and retaining walls.
      2. b.
         Site design should take into account the need to do the following, while maintaining the natural character of a hillside area:

         1. i.
            Preserve vistas of natural hillside areas and ridgelines from “key vantage points”;
         2. ii.
            Preserve views from existing development; and
         3. iii.
            Allow new dwellings access to views similar to those enjoyed from existing dwellings.
      3. c.
         Site design should allow for different lot shapes and sizes, as well as split development pads, with the prime determinant being the natural terrain.

Figure 2 - Site Design - Terrain-Adaptive Architecture 19.10.140(C)	Figure 3 - Site Design - Vehicular Access
Develop terrain-adaptive architecture for steep slopes. On steeply sloping sites, the proposed building should step down the hillside.	Side garage access requires less site disturbance

Figure 2 - Site Design - Terrain-Adaptive Architecture 19.10.140(C)	Figure 3 - Site Design - Vehicular Access
Develop terrain-adaptive architecture for steep slopes. On steeply sloping sites, the proposed building should step down the hillside.	Side garage access requires less site disturbance

Figure 2 - Site Design - Terrain-Adaptive Architecture 19.10.140(C)	Figure 3 - Site Design - Vehicular Access
Develop terrain-adaptive architecture for steep slopes. On steeply sloping sites, the proposed building should step down the hillside.	Side garage access requires less site disturbance

Figure 2 - Site Design - Terrain-Adaptive Architecture 19.10.140(C)	Figure 3 - Site Design - Vehicular Access
Develop terrain-adaptive architecture for steep slopes. On steeply sloping sites, the proposed building should step down the hillside.	Side garage access requires less site disturbance

Figure 4 - Site Design - Minimal Grade/Site Disturbance 19.10.140(C)
Do this	Don’t do this
Set into hillside/backfilled	High retaining walls, crested flat pad

Figure 4 - Site Design - Minimal Grade/Site Disturbance 19.10.140(C)
Do this	Don’t do this
Set into hillside/backfilled	High retaining walls, crested flat pad

Figure 4 - Site Design - Minimal Grade/Site Disturbance 19.10.140(C)
Do this	Don’t do this
Set into hillside/backfilled	High retaining walls, crested flat pad

Figure 4 - Site Design - Minimal Grade/Site Disturbance 19.10.140(C)
Do this	Don’t do this
Set into hillside/backfilled	High retaining walls, crested flat pad

3. Grading, Slope Stabilization, Drainage Design Disturbance to the natural landform should be minimized, should not destroy visual quality and community character, and should not create conditions that result in flooding or erosion. Grading design should address both safety and aesthetics, incorporating the following requirements and guidelines: a. Portions of a site or lot that are to be graded must be clearly shown on the grading plan. b. Landform or contour measures should be utilized to produce cut and fill slopes that are compatible with existing land character. Continuous unbroken slope surfaces that are visible from off the site are discouraged. c. Berms at top of slopes and other locations should be used to screen, vary profile, and insure drainage away from slopes. d. Where any cut or fill slope exceeds ten feet in horizontal length, the horizontal contours of the slope shall be developed to appear similar to the existing natural contours. (See Figure 5) e. Grading should be balanced on site whenever possible to avoid excessive cut and fill, and to avoid the unnecessary import or export of earth material. f. No grubbing, grading or clearing shall occur prior to the approval of civil improvement plans and final grading plans by the Director of Public Works and the issuance of a grading permit. Grubbing, grading, clearing and stockpiling are only to occur in areas identified for those activities on the approved grading plan. g. All portions of the site or lot that are to be left ungraded are to remain undisturbed, and are not to be used for stockpiling of materials or excess fill. h. Areas on a site that are designated as natural areas shall be temporarily fenced, or a barrier placed where they abut construction areas, in order to prevent any disturbance of the natural area. i. Disturbed areas shall be restored as close as possible to their natural condition by using eonite, permeon, or a similar approved process designed to restore natural color to the landscape.	Figure 5 Grading 19.10.140(C)
	Not Encouraged	Encouraged
	Landform Grading
	Unnatural cut slope edge	Round off cut edges to natural grade
	Engineered slope banks look forced and unnatural	Variety in slope bank gradients creates a more natural appearance
	Typical brow ditch with A.C. or concrete liner	Use native rocks to naturalize manmade brow ditch
	Site Grading
	Level pads with filled natural swales and straight unbroken contours	Varying pad elevations with berms where appropriate, natural swales and varying contours undulating banks
j. Sides of roadways and driveways that are disturbed shall be revegetated, revarnished, or both. k. Cut or fill design on slopes that encroach into a floodplain must be approved by the Director and the Director of Public Works concurrent with final grading plan approval. l. Pad elevations above street level shall be varied to avoid the appearance associated with monotonous, flat, level pads. m. Unless addressed by means of a retaining wall, slopes that are steeper than thirty three percent, and slopes for which such stabilization is recommended or required by a geotechnical report, shall be stabilized with properly engineered stone rip rapping, sculptured rock or other similar material as follows: i. Stabilizing material shall blend with the natural appearance of the site or lot and its surrounding terrain. ii. Vegetation retention and revegetation shall be used in conjunction with rip rapping. iii. All site revegetation and varnishing shall be completed within ninety days after completion of work or prior to issuance of a final inspection approval, whichever occurs first. n. Project designs shall be in accordance with the Clark County Regional Flood Control District Hydrologic Criteria and Drainage Design Manual, and shall maintain natural runoff characteristics where at all possible.

1.   
   4. 4.
      Architecture/Building Design

      Dwellings built within hillside areas shall conform to the following:

      1. a.
         Reflective building materials (i.e. mirror finishes or metal roofs) are not permitted unless treated to eliminate glare.
      2. b.
         Limited slab-on-grade, with staggered floor elevations, shall be utilized to avoid massive building forms, excessive cuts and fill, and surfaces which contrast with the surrounding terrain.
      3. c.
         All external mechanical equipment shall be screened, and required vents shall be architecturally compatible with the structure.

d. Building architecture should have predominant horizontal features. Vertical features should be minimized and generally used to accentuate entryways, garages, main doors and any type of vertical embellishment. e. No portion of a structure shall exceed a height of two stories or thirty five feet, and a minimum of twenty feet of the structure must be lower than the elevation of the primary ridgeline. (See Figure 6) f. Dwellings shall use wall articulation (e.g., insets, pop outs, etc.) and roof orientation as a means to prevent a massive look.

Figure 6 - Maximum Building Height 19.10.140

g. Rooflines and elements shall reflect the naturally occurring ridgeline silhouettes and topographical variation in order to blend with the hillside. (See Figure 7) h. Building materials and colors shall be compatible with the natural setting. Whenever possible, exterior colors shall be limited to earthtones that are found in nearby natural vegetation or soil, that come from natural sources (e.g., rock, stone, wood), or that resemble a natural appearance.	Figure 7 - Rooflines and Elements Reflect Ridgeline Silhouettes 19.10.140
	Roof forms are kept small and reflect the surrounding topography

5. Clustered Development Clustered development is encouraged as a means of preserving the natural appearance of the hillside and maximizing the amount of open space. Under this concept, dwelling units are grouped in the more level portions of the site, while steeper areas are preserved in a natural state. Clustering can enhance the environmental sensitivity of a development project, and facilitate the permanent protection of key features of the natural environment, such as biological habitats, open space areas, scenic areas, ridgelines, and steep slopes. (See Figure 8) Also, it is often more feasible to provide the needed infrastructure for a cluster development, since clustering results in shorter roads and water, sewer, and utility lines. Clustering does not allow an increase in the overall density of an area beyond that which is otherwise permitted by the General Plan.	Figure 8- Clustered Development 19.10.140
	Non-Clustered Development (Not Encouraged)	Clustered Development (Encouraged) used here to preserve natural site features

1.   
   1.   
      1. a.
         Clustered dwelling units shall be placed in a staggered or stepped manner so their visual impact is lessened.
      2. b.
         Clustered subdivisions shall be sited so they do not have a dominant presence within the hillside.
      3. c.
         The location of clustered units shall be restricted to the flatter portions of a site, unless another location better minimizes impacts as relates to public safety, visual impact or environmental issues.
      4. d.
         Clustered development must preserve open space in its undeveloped form. Appropriate documents must be recorded to ensure the preservation of the open space areas in perpetuity. Open space areas shall be identified on the final subdivision map or parcel map as common lots.

   6. 6.
      Walls and Fences

      1. a.
         The height of walls shall be in accordance with this Title.

b. Walls shall conform to the topography of the site. (See Figure 9) c. Walls shall either incorporate the use of native materials or be earthtone colors to match the native soils and rocks. Walls and fences (other than retaining walls) should be made of natural materials (e.g., stone, wood, split rail) whenever possible and, at a minimum, shall be a color that blends with the surrounding environment. Where retaining walls front on or are visible from public streets or public vantage points, they shall be constructed of (or faced with) materials that are appropriate in color and texture to help visually blend the wall into the terrain. (See Figure 10) d. The use of retaining walls and retaining structures is encouraged when it significantly reduces site grading.	Figure 9 - Walls and Fences - Blending with Topography 19.10.140
	Retaining walls blend with the natural topography

e. Large retaining walls in a uniform plane should be avoided. Retaining walls should be broken up into elements and terraces, with landscaping used to screen them from view. (See Figure 10) f. Retaining structures shall be located so that they do not become a dominating visual feature. g. Tall retaining structures that are absolutely necessary should be located behind the dwelling so as to be screened from view. h. Whenever possible, the location of walls and fences (other than retaining walls) should be limited to areas within fifty feet of dwellings and accessory structures in order to limit their impact on hillside viewsheds. i. Solid walls and fences shall be prohibited within fifty vertical feet of a ridgeline in order to prevent impacts on wildlife corridors and maintain the natural area surrounding the ridgeline. j. Fences that have pointed vertical elements shall not be permitted.	Figure 10 - Walls and Fences - Uses of Retaining Walls 19.10.140
	Large, Unbroken Retaining Wall (Discouraged)	Smaller, Broken Up Retaining Walls (Encouraged)
		Use retaining walls and terraces to minimize cut and fill that would alter the perceived natural topography of the site. Screen retaining walls with plant materials or face them with rock

1.   
   7. 7.
      Landscaping

      Landscape improvements on the overall project site shall be integrated with the natural topography and existing or indigenous vegetation. Plant materials shall be used to mitigate development impacts on washes, slopes, and any other sensitive environmental features.

      1. a.
         The use of non native or competitive species that could threaten the native flora within the area is prohibited.
      2. b.
         Landscape design for all development shall consist of plant materials similar in form and scale to the existing vegetation in the area.
      3. c.
         Each natural area shall contain only those species that are indigenous to the native desert or mountain elevation and climate zone in which it exists.
      4. d.
         The interface between new development and natural open space shall be designed to provide a gradual transition from manufactured slopes into natural slopes.
      5. e.
         Landscaping (which is compatible with natural vegetation) shall be designed so that it extends out from developed areas and forms a cohesive pattern with existing natural vegetation, arranged in random, informal groupings.
      6. f.
         Landscaping along the slope side of development shall be designed to maintain controlled views from the residences, yet screen and soften the architecture from community vantage points.
      7. g.
         Trees and shrubs shall be arranged in informal, randomly spaced masses, and shall be placed selectively to reduce the scale of and help to blend manufactured slopes.
      8. h.
         Plant materials that are used to stabilize a graded slope shall blend with the surrounding native plant materials in color and texture to the greatest extent feasible.
      9. i.
         Landscaping shall be designed so as to avoid invasive species that could negatively impact indigenous plant species. Invasive species shall be identified through a recognized resource, such as a local Cooperative Weed Management Area.
   8. 8.
      Trails

      1. a.
         Each subdivision shall provide and maintain pedestrian access for trails that are identified in the aspect of the City's Master Plan that pertains to trails and that are located within the subdivision, including subdivisions that are to be established as gated communities.
      2. b.
         A trail system that is designed to preserve habitat and ensure public safety shall be provided to link new development to existing trails within hillside areas.
      3. c.
         New subdivisions shall prepare a trails plan to link new residential areas to existing and planned trails in the City that are shown in the aspect of the City's Master Plan that pertains to trails, including hiking, equestrian and multi-use trails. The subdivision’s trails plan must be submitted to the City for review and approval.
      4. d.
         Once approved by the City, the trails identified in each subdivision’s trails plan shall be constructed by the developer prior to the final inspection of residential units. Such trails shall be maintained as agreed to by the developer and the City.
   9. 9.
      Open Space/Natural Areas

      1. a.
         Portions of hillside areas will be retained in their natural state.
      2. b.
         Within areas designated as natural areas, site disturbance, other than for the construction of hiking trails, is not permitted.
      3. c.
         Any area designated as a natural area shall be shown on the tentative subdivision map with existing surveyed topographical information, and the area itself shall be identified with horizontal control data on the final subdivision map or parcel map.
      4. d.
         Any area designated as a natural area may be designated as a separate parcel or as a deed restricted portion of a parcel. If designated as a separate parcel, such parcel:

         1. i.
            May be under the ownership of a owners’ association or may be deeded to any organization which accepts responsibility for the perpetual preservation and maintenance of the natural area, subject to approval and acceptance by the Director and the Director of Public Works; and
         2. ii.
            Shall be mapped as a common lot in order to help protect natural areas.
   10. 10.
       Circulation/Roadways

       1. a.
          All public or private roadways shall be designed according to the standards of this Section, the Master Plan of Streets and Highways (if applicable), the Municipal Code, current City Standards and, if required, an approved traffic study. These standards are intended to supplement the Department of Public Works’ Review Guidelines. Streets in hillside areas should be constructed in areas that would have the least impact on the natural environment.
       2. b.
          The following elements of road and sidewalk circulation shall be incorporated in hillside area developments:

          1. i.
             Roadway design which generally follows existing contours, thereby minimizing grading and resulting in an informal, curving internal network;
          2. ii.
             The provision of two major points of access to principal roads in developments exceeding one hundred fifty units or when required by the Department of Fire and Rescue in order to minimize fire hazards;

iii. Roadways with a maximum slope of seven percent. See Figure 11 for illustration of a seven percent slope in comparison to other slopes; iv. Preservation of existing trees and natural features by dividing or routing roads and sidewalks around these elements; v. Provision of safe, convenient pedestrian access to schools, parks and other recreational facilities; vi. Combinations of collective private driveways, cluster parking areas and off street parking bays, which are encouraged in order to minimize paved areas; vii. The location of all utilities underground in a common trench in the parkway or under the sidewalk; viii. Rolled curbs as the preferred road edge along any paved roads, where such curbing will be adequate to contain drainage and prevent erosion; ix. Roadway improvements that do not adversely affect other properties or create the need for extensive grading, flood control facilities, or other types of construction or support infrastructure;

Figure 11- Roadway Maximum Slope Comparison 19.10.140

Source: Urban Planning and Design Criteria, Joseph Dechiara/Lee Koppelman 3rd edition, 1982

x. Roadways that meet the requirements of the Department of Fire and Rescue, including roadway grades and curves to accommodate safety and emergency vehicles; xi. Streets that follow the natural contours of the hillside to minimize cut and fill; (See Figure 12) xii. Culs-de-sac or loop roads, which are encouraged where they are necessary to fit the terrain; xiii. The elimination of on street parking and sidewalks in order to reduce required grading, subject to approval thereof by the Planning Commission or City Council (or both) as a specific element of an approved Site Development Plan Review;

Figure 12 - Streets Align to Natural Contours

Modulate manufactured slopes to appear natural

1.   
   1.   
      1.   
         14. xiv.
             The preferred use of driveways that serve more than one lot, as well as diagonal driveways running along contour lines, where:

             1. A)
                Such driveways will reduce the need for grading, paving, and site disturbance;
             2. B)
                Such driveways have been approved by the Department of Fire and Rescue;
             3. C)
                Sight visibility restriction zones will be maintained in accordance with the most recent version of the guidelines of the American Association of Street and Highway Transportation Officials; and
             4. D)
                The maximum change in grade between driveway slope and the cross slope of roadways is twelve percent for local roadways, and ten percent for collector roadways; and
         15. xv.
             Street lighting that is limited to intersections and other locations where necessary in order to provide safe access or passage, as determined by the Director of Public Works. Facilities for other public street lighting will be stubbed out for later use, including all necessary underground conduit and pull boxes at each streetlight location, but the installation of the streetlights may be deferred provided that the developer provide to the City such streetlights for the future installation. Alternatively, monies in lieu of such deferred streetlights, including bases, may be contributed to the City if allowed by the Department of Public Works.

4. D.
   Hillside Development Design Review

   1. 1.
      The objective of the Hillside Development Design Review under this Subsection (D) is to preserve significant natural features within hillside areas by encouraging design that minimizes disturbance to existing topographical forms. A development should be designed to fit into hillside areas rather than altering the earth forms to create a flatland type of development.
   2. 2.
      Project design should:

      1. a.
         Initially identify the existing geographic, topographic, and environmental features of the site (such as geological hazards, steep slopes, ridges, valleys, streams, views, existing drainage patterns, significant biota, and outcroppings); and
      2. b.
         Then determine the impact the proposed project will have on these elements.
   3. 3.
      Preparation of a site plan should be based upon a determination concerning how traffic circulation, fire protection and access, drainage, sound barriers, buffers, land alteration, and other measures will be employed to limit any negative impacts of the development. The final site plan should reflect how all of these impacts are successfully solved or mitigated.
   4. 4.
      Other elements that should be considered in a successful design and, where indicated, reflected in submittal documents are the following:

      1. a.
         Preservation of distinctive natural features, the general existing topographical forms, significant trees, landscaping, natural water courses and wildlife corridors, with data and aerial maps to be provided showing the location, type and nature of existing major vegetation, including significant clusters or contiguous areas of dense growth and existing vegetation to be preserved;

b. Preservation of prominent skyline ridges, which must be shown by providing a graph or other visual analysis indicating rooftop in relation to ridgeline; (See Figure 13) c. The location of roads and structures below the skyline ridge, with a visual analysis to be provided indicating circulation related to existing contours;	Figure 13 - Preservation of Prominent Skyline Ridges
	Houses do not project above significant ridgeline

1.   
   1.   
      4. d.
         The location and construction of roadways, with drawings and explanations to be provided showing how roadways will be constructed in a manner compatible with the natural terrain and with scarring eliminated;
      5. e.
         Incorporation of hiking, biking, walking and equestrian trails, where appropriate;
      6. f.
         Variation in lot size, building placements, setbacks, and orientation;
      7. g.
         Variable changes in elevation and siting of buildings to ensure views and avoid monotony;
      8. h.
         Preservation of steep hillsides by clustering buildings or use of other innovative approaches;
      9. i.
         Sensitivity to the project’s appearance from lower or adjacent development;
      10. j.
          Placement of equipment and other unsightly forms below ridgelines and in bermed and landscaped areas.
      11. k.
          Dwelling design, with documentation to be provided indicating that significant effort has been made towards incorporating energy conservation and water saving techniques;
      12. l.
          Maintenance of natural drainage/water runoff characteristics where possible;
      13. m.
          The use of exterior lighting for buildings that is:

          1. i.
             Of a “cut off” type designed to ensure that excess light does not spill over; and
          2. ii.
             Of the lowest intensity feasible so as to be adequate for the purposes intended but not likely to attract undue attention.
   2.   
      Prior to the submittal of an application for Site Development Plan Review, a grading plan and drainage plan must be submitted to and approved by the Department of Public Works. The plans must clearly identify the topography of the land and how it relates to the development. Areas known or suspected to be hazardous, as determined by the Department of Public Works, shall not be disturbed without a geological survey, other data and tests, or a combination thereof, as required by the Department of Public Works. The submittal must include or be accompanied by a topographic map of the area proposed for development and shall show the location of, and distinguish, each of the following slope categories:

      1. a.
         Slope less than 15%
      2. b.
         Slope between 15% - 20%
      3. c.
         Slope between 20.01% - 25%
      4. d.
         Slope greater than 25%
   3.   
      A final grading plan must first be approved by the Director before Site Development Plan Review is considered by the Planning Commission. The Director’s review shall coincide with staff review of the Site Development Plan and drainage study.
   4.   
      Site Development Plan Review for all hillside area development shall be processed as a public hearing item. In order to address the sensitive nature of hillside development, the final grading plan that was approved with the Drainage Study and by the Director shall be submitted with the design review applications.
   5.   
      The burden of proof is on the applicant to demonstrate that the proposed development:

      1. a.
         Is located and designed so as to protect the safety of residents and will not create significant threats to life or property by reason of the presence of hazards relating to geology, slope instability, flood, fire or erosion;
      2. b.
         Is compatible with the natural, biotic, cultural, scenic and open space resources of the area;
      3. c.
         Can be conveniently served by neighborhood shopping and provided essential public services without imposing significant costs on the total community;
      4. d.
         Is consistent with the objectives and policies of the General Plan; and
      5. e.
         Incorporates creative and imaginative design, resulting in a visual quality that will complement community character and benefit residents.
   6.   
      Any variance from or adjustment to any requirement set forth in this Subchapter may be obtained by means of a Variance application in accordance with LVMC 19.16.140.

(Ord. 6802 § 7, 01/05/22)

(Ord. 6788 §18, 07/21/21) 

Effective on: 1/1/1901

19.10.150 HD-O Historic Designation Overlay District

A. Findings The City Council of the City of Las Vegas finds and declares that the spirit and direction of the City of Las Vegas are founded upon and reflected in its historical past, and that the historic and cultural foundations of the City should be preserved as a living part of its community life and development in order to give a sense of identity and orientation to the people of the City. B. Purpose And Intent The intent of this Section is to promote the public welfare by providing protection for significant properties and archaeological sites which represent important aspects of the City’s heritage; to enhance the character of the community by taking such properties and sites into account during development; and to assist owners in the preservation and restoration of their properties. This Section is intended to balance two competing interests: the value to the community of these significant properties and sites, and the rights of the property owners whose interests are at stake. The designation of any property, district or site pursuant to this Section shall be an overlay designation and shall not inhibit existing or potential uses permitted by this Title.

Figure 1 - Historic Designation Overlay District Map

C. Historic Preservation Commission - Established The Las Vegas Historic Preservation Commission (HPC) is hereby established. The principal role of the HPC is to act in an advisory capacity to the Planning Commission and the City Council in all matters concerning historic preservation. The HPC shall make recommendations to the Planning Commission regarding designation of Historic Landmarks, Districts, Sites Buildings, Structures and Objects. Other actions of the HPC as set forth below shall be final, with appeal to the City Council as described in Subsection (M) of this Section. D. Historic Preservation Commission – Membership The HPC shall consist of eleven voting members who are appointed by the City Council and two ex-officio members. 1. Each voting member must have a demonstrated interest in or knowledge of: a. The history of the City of Las Vegas; b. Design, architecture, real estate, archaeology and other matters relevant to judging the economic and cultural value of particular historic preservation activities.

Map is representative of where the HD-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the HD-O (Historic Designation Overlay) District.

1.   
   2. 2.
      The term of each voting member is four years.
   3. 3.
      Voting members may be reappointed.
   4. 4.
      Members serve at the pleasure of, and may be removed by, the City Council, including for failure to attend meetings regularly.
   5. 5.
      Members shall serve without compensation.

5. E.
   Historic Preservation Commission - Qualifications

   The membership of the HPC shall be as follows:

   1. 1.
      One member must be experienced in architecture (such as an architect, art historian or historic preservation architect).
   2. 2.
      One member must be experienced in urban design or planning (such as an urban designer, planner or landscape architect).
   3. 3.
      One member must be experienced in building construction (such as a building contractor or structural engineer).
   4. 4.
      One member must be experienced in the real estate profession (such as a real estate developer, appraiser or broker).
   5. 5.
      One member must be representative of a recognized local historic preservation association or historic preservation interest group.
   6. 6.
      One member must be experienced in Nevada history (such as an historian or anthropologist).
   7. 7.
      One member must be experienced in the archaeological profession (such as an archaeologist).
   8. 8.
      Four members must be members at-large. When one or more areas have been designated as “Historic Districts” pursuant to this Section, one of the “at-large” positions shall pertain to each such Historic District. For any Historic District, the corresponding “at large” position shall be filled by a person who owns real property and resides within the Historic District, if a person so qualified is available to serve. If no such person is available, a person who owns real property within the Historic District may fill that position, if a person so qualified is available to serve. If no such person is available, any person may fill that position. If more than four Historic Districts have been designated as such pursuant to this Section, the City Council shall determine which four of the Historic Districts are to be represented on the HPC.
   9. 9.
      The Director, or the Director’s designee, shall serve as an ex-officio member, with no vote except as otherwise provided in this Section.
   10. 10.
       The Director of the Nevada State Museum and Historical Society, or other designee of the State Historic Preservation Office (SHPO), shall serve as an ex-officio member, with no vote except as otherwise provided in this Section.
6. F.
   Historic Preservation Commission - Organization

   1. 1.
      The HPC shall elect, from within its own membership, a chair, vice-chair and such other officers as it deems useful, and shall adopt such bylaws and rules of procedure consistent with this Section as the Commission deems necessary.
   2. 2.
      The Department shall provide administrative and clerical support for the HPC.
   3. 3.
      Regular and special meetings of the HPC shall be held as set forth in the bylaws and as necessitated by the Commission’s volume of business. If no meeting has been scheduled to occur within forty days after the Chairman has been notified by the Secretary of business requiring action by the HPC, the Chairman shall call a special meeting to be held within that period.
   4. 4.
      The HPC shall maintain written minutes and records sufficient to inform the public of its business and shall report its business to the City Council as the Council from time to time may request.
   5. 5.
      Six members of the HPC constitute a quorum thereof for the purpose of conducting business. A majority vote of those present and voting shall be necessary to approve any item of business.
   6. 6.
      In the event that a quorum is not available for the conduct of business, an ex-officio member or the Historic Preservation Officer (or any combination thereof) may vote, but only concerning matters on the consent agenda and only to the extent necessary to create or maintain a quorum.
7. G.
   Historic Preservation Commission - Powers, Etc.

   The powers, duties and activities of the HPC include the following:

   1. 1.
      Reviewing applications for the designation of Historic Landmarks, Districts, Sites, Buildings, Structures and Objects, and making recommendations to the Planning Commission concerning those applications. The review shall be in accordance with Subsection (I) of this Section.
   2. 2.
      Reviewing and making decisions concerning applications for new construction, alteration, demolition or removal of any element associated with an Historic Landmark, District, Site, Building, Structure and Object. The review and decision making process shall be in accordance with Subsections (K) and (L) of this Section.
   3. 3.
      Making recommendations to the City Council or the City Manager or designee concerning the use of public or private funds to promote the preservation of properties and districts within the City, including the acquisition of property or interests in property.
   4. 4.
      Recommending appropriate changes to the General Plan and to local development regulations in order to promote the purposes of this Section.
   5. 5.
      Cooperating with owners of property to formulate appropriate design guidelines for alteration and construction within Historic Districts.
   6. 6.
      Initiating and conducting detailed studies and surveys of properties, structures, and areas within the City to assess their potential for designation in order to formulate, revise or update the aspects of the Master Plan that serve as the historic preservation element of that Plan.
   7. 7.
      Developing and participating in public information activities in order to increase public awareness of the value of historic preservation.
   8. 8.
      Performing such other functions as will encourage or further the interests of historic preservation.
8. H.
   Historic Preservation Officer

   The Director shall appoint an Historic Preservation Officer (HPO), who must have a demonstrated interest in historic preservation and be a qualified professional in one or more pertinent fields such as historic preservation, architecture, urban design, archaeology, cultural geography, landscape architecture or land use planning. The duties of the HPO shall include:

   1. 1.
      Serving as Secretary to the HPC, facilitating its efforts and, with other City staff as necessary, providing administrative support.
   2. 2.
      Accepting applications under Paragraphs (1) and (2) of Subsection (G).
   3. 3.
      Acting as intermediary between the HPC and City departments.
   4. 4.
      Providing technical and background information to the HPC and the public, as required.
   5. 5.
      Acting as the approval authority concerning applications for new construction, alteration, demolition or removal of elements associated with an Historic Landmark, District, Site, Building, Structure and Object, when the proposed work is, in the HPO’s judgment, minor in nature and impact or the need to act immediately is necessary to protect life or property. The review and decision making process shall be in accordance with Subsections (K) and (L) of this Section.
   6. 6.
      Reporting to the HPC any action taken pursuant to Paragraph (5) of this Subsection.
   7. 7.
      Preparing annual written reports of HPC activities to be submitted to the State Historic Preservation Office (SHPO) and made available to the public. The reports should include, at a minimum, the minutes of meetings and attendance records of members; current resumes of members; and a listing of items reviewed, decisions rendered and other projects and activities undertaken.
   8. 8.
      Maintaining the Las Vegas Historic Property Register.
9. I.
   Designation of Historic Landmarks, Districts, Sites, Buildings, Structures and Objects

   1. 1.
      An individual landmark, district, site, building, structure or object may be designated on the City of Las Vegas Historic Property Register if it demonstrates exceptional historical significance by qualifying under Subparagraphs (a) or (b) below:

      1. a.
         It meets the criteria for listing on the State or National Register of Historic Places; or
      2. b.
         It is determined to be of exceptional local significance and expresses a distinctive character because:

         1. i.
            A significant portion of it is at least 40 years old;
         2. ii.
            It is reflective of the City’s cultural, social, political or economic past; and
         3. iii.
            Either:

            1. (A)
               It is associated with a person or event significant in local, state or national history; or
            2. (B)
               It represents an established and familiar visual feature of an area of the City because of its location or singular physical appearance.
   2. 2.
      An individual district, site, building, structure or object may be designated as an Historic Landmark if it qualifies under Subparagraph (a) and Subparagraph (b) of Paragraph (1) above, and a significant portion of it is at least 50 years old.
   3. 3.
      An individual site, building, structure or object that has been designated on the City of Las Vegas Historic Property Register may be considered for reclassification for designation as an Historic Landmark if it has been determined eligible for the State or National Register of Historic Places.
   4. 4.
      An area may be designated as an Historic District if:

      1. a.
         The area:

         1. i.
            Includes a substantial concentration of contributing buildings, structures, objects or archaeological sites which individually meet the criteria in Paragraph (1) of this Subsection, as well as other buildings, structures or archaeological sites which contribute generally to the overall distinctive character of the area and are united historically or visually by plan or physical development;
         2. ii.
            Is bounded by documented historic boundaries such as early roadways, canals, subdivision plats or property lines, or by boundaries which coincide with logical physical or man-made features and reflect recognized neighborhood or area boundaries; and
         3. iii.
            Includes non-contributing properties or vacant parcels only to the extent necessary to establish appropriate, logical or convenient boundaries; or
   5. 5.
      Designation Process:

      1. a.
         The designation of an Historic Landmark, District, Site, Building, Structure or Object may be made upon application by the owner or authorized representative of any landmark, district, site, building, structure or object proposed to be designated or included in such designation, or by an authorized representative of the City. A pre-application conference with the HPO is required prior to submitting an application. Application shall be made to the HPO on such form(s) as may be established for the purpose, and the application shall be accompanied by such fee(s) as may be established by the City Council. Applications shall be signed, notarized and acknowledged by the owner of record of the property for which the designation is sought. If the property has multiple owners, the applicant shall provide the City with a list of all persons and entities with an ownership interest in the property if not all of the owners have signed the application.
      2. b.
         The designation of an Historic District may be made upon application by a member of the board of a Neighborhood Association that is registered with the city of Las Vegas, or other recognized neighborhood representative. A pre-application conference with the HPO is required prior to submitting an application. Application shall be made to the HPO on such form(s) as may be established for the purpose, and shall be accompanied by such fee(s) as may be established by the City Council. Applications shall be signed, notarized and acknowledged by a recognized neighborhood representative. If the proposed district has multiple owners, the applicant shall provide the City with a list of all persons and entities with an ownership interest in the proposed district if not all of the owners have signed the application.
      3. c.
         An application for designation shall also be accompanied by the following items to be prepared by the HPO:

         1. i.
            A vicinity ownership map showing all parcels which are adjacent to, include or surround the property or district proposed to be designated within a radius of 1000 feet of the external boundaries of the property or district. Each such parcel shall be numbered so as to correspond to the ownership/tenant list described in Subparagraph (b)(ii) below.
         2. ii.
            A typed or legibly printed list, compiled from an authoritative source, containing the names, mailing addresses and zip codes of the following, along with the corresponding identifying numbers referred to in Subparagraph (b)(i) of this Paragraph above:

            1. (A)
               The owners of all parcels described in Subparagraph (b)(i) of this Paragraph above.
         3. iii.
            An accurate legal description and Assessor’s Parcel Number (APN) for all parcels proposed for designation.
         4. iv.
            For an Historic District nomination, documentation of a minimum of three public meetings attended by city staff and applicable Neighborhood Association board members, and held in a location convenient to the proposed District. The meetings will discuss the:

            1. (A)
               Historic Designation Process;
            2. (B)
               Plan for Historic District designation, including proposed district boundaries, the responsibilities of Department staff and the Neighborhood Association board, and the timeline for designation;
            3. (C)
               Findings of any historic studies; and
            4. (D)
               Proposed Historic District design guidelines, if necessary.
      4. d.
         An application for designation shall also be accompanied by the following items to be prepared by the applicant or representative:

         1. i.
            A Statement of Eligibility and Appropriateness for Designation that describes the manner in which the landmark, district, site, building, structure or object proposed for designation is eligible and appropriate for designation under this Subsection. The Statement shall include at a minimum:

            1. (A)
               Photographs of the proposed Historic Landmark, District, Site, Building, Structure or Object; in the case of a District, the most significant or representative properties;
            2. (B)
               Information about the architect(s), designers(s), planners(s) and/or developer(s) of the Historic Landmark, District, Site, Building, Structure or Object;
            3. (C)
               Date and method of construction;
            4. (D)
               Distinctive characteristics such as historic materials, architectural or landscape elements and architectural style of buildings, structures or objects within a proposed district;
            5. (E)
               Ownership and address history; and
            6. (F)
               Proper resource citations.
         2. ii.
            Letter of property owner consent.
         3. iii.
            In the case of an Historic District designation, written approval of historic designation from no less than 51 percent of all property owners within the proposed Historic District.
      5. e.
         Historic signs are recognized as Historic Objects by this code. The designation of an historic sign may be made upon application by the owner of the sign or authorized representative. A pre-application conference with the HPO is required prior to submitting an application. Application shall be made to the HPO on such form(s) as may be established for the purpose, and the application shall be accompanied by such fee(s) as may be established by the City Council. Applications shall be signed, notarized and acknowledged by the owner of record, or authorized representative, of the property within which the Historic sign is located, and, if applicable, the owner of the building, or authorized representative, to which the sign is affixed. Applications must be accompanied by the items listed in Subparagraphs (5)(c)(i) through (5)(c)(iii), and (5)(d)(i) through (5)(d)(ii). An historic sign may be designated as an Historic Object if it demonstrates exceptional historical significance by qualifying under Subparagraphs (i) or (ii) below:

         1. i.
            It meets the criteria for listing on the State or National Register of Historic Places; or
         2. ii.
            The sign and the use to which it pertains have been in continuous existence at the present location for at least 40 years;
         3. iii.
            The sign is structurally safe or is capable of being made so without substantially altering its historical significance;
         4. iv.
            The continued existence of the sign is encouraged and is beneficial to the public good; and
         5. v.
            At least one of the following conditions shall be met by the sign:

            1. (A)
               The sign contributes to the historical or cultural character of the streetscape and the community at large;
            2. (B)
               The sign is associated with historic figures, events, or places;
            3. (C)
               The sign is significant as evidence of the history of the product, business, or service advertised;
            4. (D)
               The sign is significant as reflecting the history of the building or the development of the historic district;
            5. (E)
               The sign is characteristic of a specific historic period or architectural style;
            6. (F)
               The sign is integral to the building’s design or physical fabric;
            7. (G)
               The sign represents an outstanding example of the sign maker’s art due to craftsmanship, use of materials, or design;
            8. (H)
               The sign is a local landmark recognized as a popular focal point in a community; or
            9. (I)
               The sign contains elements important in defining the character of an historic district.
      6. f.
         Upon receipt of a complete application package, the HPO shall schedule the application for discussion on the next available agenda of the HPC. The HPC is given 30 days to review the application before the official public hearing is scheduled. A public hearing will be scheduled for the following agenda of the HPC. Upon the request of the applicant, a special meeting may be called at the discretion of the Chair of the HPC, or by at least four (4) voting members of the HPC.
      7. g.
         In connection with the HPC’s consideration of the application, the HPO shall compile and provide to the HPC a complete report concerning the landmark, district, site, building, structure or object proposed for designation. The report shall address the location, condition, age, significance and integrity of historic features; identify potential contributing and non-contributing properties; provide other relevant information; and include a recommendation concerning the application and the basis therefore.
      8. h.
         Based upon its consideration of the HPO’s report concerning an application, along with any evidence or input offered at the public hearing, the HPC shall evaluate the application with reference to the applicable criteria set forth in Paragraphs (1), (2), (3) and (4) of this Subsection and make a recommendation to the Planning Commission. A recommendation for approval may include any conditions the HPC deems appropriate in order to implement the provisions and intent of this Subsection.
      9. i.
         Except as otherwise provided in this Subsection, the standards for consideration and action on an application by the HPC shall also apply to subsequent action by the Planning Commission and City Council, and the procedures for subsequent action on an application by the Planning Commission and City Council shall be consistent with the rezoning procedures described in LVMC 19.16.090.
      10. j.
          A recommendation by the HPC for approval of a designation under this Subsection shall be void if the designation has not been approved by the City Council within one (1) year after the HPC’s recommendation.
   6. 6.
      Public Notification Concerning Designation Applications:

      At least 10 calendar days before the HPC holds a public hearing on an application for designation, the Department shall:

      1. a.
         Mail written notice of the date, time and place of the hearing, along with a summary of the application, to the persons whose names and addresses are provided by the applicant pursuant to Paragraph (5) of this Subsection. Such notice is complete upon mailing. The HPC may delay a hearing for additional notification if it appears that the applicant or the City did not use reasonable diligence in providing a notification list or in mailing the notice.
      2. b.
         Post notice of the hearing, visible from a public way and clearly legible, containing the date, time, and place of the hearing, and a summary of the application. For an Historic Landmark, Site, Building, Structure or Object application, the notice shall, wherever possible, be placed adjacent to the public right-of-way. For an Historic District, the notice shall, wherever possible, be placed at no fewer than four conspicuous locations either within or at the external boundaries of the area. The posting of any such notice is complete upon initial posting.
      3. c.
         Publish notice of the date, time and place of the hearing, along with a summary of the application, in a newspaper of general circulation within the City.
   7. 7.
      Planning Commission and City Council Action:

      1. a.
         Upon receipt of a recommendation from the HPC concerning a designation, the Planning Commission shall hold a public hearing to consider the application. If the date and time of the Planning Commission hearing are announced at the HPC hearing concerning the designation, no additional notification is required. Otherwise, notification for such hearing shall be as described in Paragraph (6) of this Subsection above. Following the public hearing, the Planning Commission may do any of the following:

         1. i.
            Adopt the recommendation of the HPC and forward that recommendation to the City Council;
         2. ii.
            Modify the recommendation of the HPC and forward that recommendation to the City Council as modified;
         3. iii.
            Recommend denial of the application to the City Council; or
         4. iv.
            Remand the request to the HPC for further proceedings.
      2. b.
         Following Planning Commission action for designation of an Historic District, a notice must be published once a week for three consecutive weeks prior to the City Council meeting, and must include the purpose of the hearing and the boundaries of the proposed Historic District.
      3. c.
         Upon receipt of a recommendation from the Planning Commission concerning a designation, the City Council shall hold a public hearing to consider the application. If the date and time of the City Council hearing are announced at the Planning Commission hearing concerning the designation, no additional notification is required. Otherwise, notification for such hearing shall be as described in Paragraph (6) of this Subsection above. Notwithstanding any other provision of this Subparagraph (c), the designation of an Historic District must be done in accordance with NRS 384.005. Following the public hearing, the City Council may do any of the following:

         1. i.
            Approve the designation in accordance with the recommendation of the Planning Commission;
         2. ii.
            Modify the recommendation of the Planning Commission and approve the designation in accordance with the modifications;
         3. iii.
            Deny the application; or
         4. iv.
            Remand the application to the Planning Commission or the HPC for further proceedings.
      4. d.
         In the case of an application for designation of an Historic District, if the owners of 20 percent or more of the area of the parcels included in the proposed district protest the proposed designation in writing, the designation shall not become effective except by the favorable vote of three-fourths of the entire membership of the City Council. If any member of the City Council is unable to vote on an application because of conflict of interest, the required number of favorable votes to approve the designation shall be three-fourths of the remaining membership of the Council, but in no event shall the required number of votes be less than a majority of the entire membership of the Council. A written protest is effective only if it is filed with the City Clerk prior to or at the time of the public hearing before the City Council.
   8. 8.
      Effect of Designation:

      1. a.
         The designation of an Historic Landmark, District, Site, Building, Structure and Object shall be indicated by the “H” symbol on the zoning maps of the City. The use and development of property affected by a designation shall be governed by this Section and applicable Design Guidelines adopted thereunder, as well as by the regulations pertaining to the underlying zoning classification(s) for the property, other provisions of the Unified Development Code and the General Plan.
      2. b.
         Prior to the designation of an Historic District, and in order to preserve and enhance the distinctive character of that District, the HPO shall meet with property owners within the proposed Historic District to determine design guidelines that will apply to alterations of contributing and non-contributing properties and to all new construction within the District. Property owners may choose to adopt the General Design Guidelines as adopted by the HPC, or create Design Guidelines that address architectural elements and styles specific to the proposed District. Design Guidelines will be recommended for adoption by the HPC to the City Council.

         1. i.
            Historic District Design Guidelines are intended to address exterior features and characteristics as can be viewed from the public right-of-way only, such as building materials, massing, scale and proportion of openings and other features, orientation and relative position of buildings, as well as specific aspects such as roof forms, textures, character of signage, window and door types, and other details relative to architectural styles evident in the District and included in the Statement of Eligibility and Appropriateness.
         2. ii.
            Design Guidelines do not regulate maximum building height, maximum lot coverage, minimum setbacks, landscaping, parking, allowable signs, or other development aspects addressed elsewhere in the Unified Development Code.
         3. iii.
            Design Guidelines shall not prohibit access to buildings as required by the Americans with Disabilities Act.
         4. iv.
            Following designation of an Historic District, but before Design Guidelines can be established for the District, the HPC may require that development in the District conform to such established or recognized standards as the HPC deems appropriate.
   9. 9.
      Removal of designations established under this Section shall be in accordance with the procedure set forth for designation.
   10. 10.
       No nomination for designation or removal of designation under this Section shall be acted upon within one year after any previous such nomination.
10. J.
    Historic Property Register

    The Las Vegas Historic Property Register is hereby established for the purpose of listing the Historic Landmarks, Districts, Sites, Buildings, Structures and Objects designated under the provisions of this Section. The Register, as it may be amended from time to time, shall serve as the official record of all such designations and shall be maintained by the HPO. Copies of the Register shall be made available for public inspection in the offices of the Department and the City Clerk.

11. K.
    Guidelines, Standards and Process for Review of Alteration or New Construction

    1. 1.
       A pre-application conference with the HPO is required prior to submitting a building permit or other required development or zoning permit whenever it is proposed to alter, remodel, build, or otherwise develop an Historic Landmark, District, Site, Building, Structure or Object, or an Historic Landmark, Site, Building, Structure or Object located within a designated Historic District, and a building permit or other development or zoning permit is required for such work, the applicant must first obtain the approval of the HPC in accordance with this Section. In the case of proposed work which, in the HPO’s judgment, is minor in nature and impact, the HPO shall be the approval authority. Approval pursuant to this Subsection indicates conformance with the provisions and intent of this Section only and does not constitute or imply approval by any City department or other approval authority having jurisdiction.
    2. 2.
       In order to obtain review pursuant to this Subsection, the applicant must submit to the HPO the following:

       1. a.
          An application for a Certificate of Appropriateness on such form(s) as may be established for the purpose, which shall be signed, notarized and acknowledged by the owner of record or the owner’s authorized agent of the property where review of alteration or new construction is sought;
       2. b.
          Such fee(s) as may be established by the City Council for the application;
       3. c.
          Materials detailing the proposed alteration or new construction, including:

          1. i.
             Color photos of each side of the building or site to be altered and close ups of the specific area to be changed;
          2. ii.
             Drawings for conceptual review and new construction or graphics/signage;
          3. iii.
             Material samples / manufacturer’s brochures which show and describe the materials to be used;
          4. iv.
             A site plan on applications for new construction, additions, site graphics, demolition, lot splits and fencing;
       4. d.
          If signage is part of the proposed work, drawings, to approximate scale, showing the size and location of proposed signage, type of lettering to be used and indication of color and type of illumination, if any; and
       5. e.
          Other information which the applicant deems appropriate or which the HPO may reasonably deem necessary in connection with the review of the application.
    3. 3.
       An application for review under this Subsection, when deemed complete, shall be acted upon within a reasonable period of time. In the case of an application to be considered by the HPC as the approval authority, the application shall be included on the next available agenda.
    4. 4.
       The approval authority shall consider the application with reference to the objectives of this Section. The approval authority may deny an application upon determining any of the following:

       1. a.
          That proposed work on any portion of an Historic Landmark, District, Site, Building, Structure or Object will not be compatible with the recognized distinctive character of the overall Historic Landmark, District, Site, Building, Structure or Object.
       2. b.
          That proposed work on any portion of a contributing Historic Landmark, District, Site, Building, Structure or Object within an Historic District will not be compatible with the recognized distinctive character of the Historic Landmark, District, Site, Building, Structure or Object itself, with the character of the entire District, or with the Design Guidelines that have been adopted for the District.
       3. c.
          That major new construction proposed for non-contributing Historic Landmarks, Districts, Sites, Buildings, Structures or Objects within an Historic District will not be compatible with the recognized distinctive character of the entire District or with the Design Guidelines that have been adopted for the District. For purposes of this Subparagraph, new construction is “major” if such construction equals or exceeds 25 percent of the land area of a parcel without a building or of the building ground floor area of a parcel with a building, at the time of the property’s identification as non-contributing.

       5. e.
          That, in cases where Federal funds, in the form of grants, tax incentives or other programs, are to be employed, directly or indirectly, in financing the proposed work, the work will not comply with the Standards for the Treatment of Historic Properties, as promulgated by the U.S. Secretary of the Interior.
    5. 5.
       The approval authority may approve, conditionally approve or deny an application, or continue consideration thereof for further study. The HPO shall provide the applicant with notice of action taken, along with an explanation of any reasons therefore and conditions attached thereto.
    6. 6.
       An approval pursuant to this Subsection shall be valid for a period of one year, unless otherwise specified in the approval.
12. L.
    Demolition and Removal

    1. 1.
       Whenever it is proposed to demolish or remove a structure or feature constituting or associated with an Historic Landmark, District, Site, Building, Structure or Object, and a demolition or other permit or approval is required for such work, the applicant must first obtain the approval of the HPC in accordance with this Section. Nothing in this Subsection shall prohibit the owner(s) of a sign designated as an Historic Object from removing such sign; however, removal of a sign so designated requires approval by the HPC and recommendation for alternative placement or storage. In the case of proposed work which, in the HPO’s judgment, is minor in nature and impact, or is necessary immediately in order to protect life or property, the HPO shall be the approval authority. Approval pursuant to this Subsection indicates conformance with the provisions and intent of this Section only and does not constitute or imply approval by any City department or other approval authority having jurisdiction.
    2. 2.
       In order to obtain review pursuant to this Subsection, the applicant must submit to the HPO the following:

       1. a.
          An application for a Certificate of Appropriateness, on such form(s) as may be established for the purpose;
       2. b.
          Such fee(s) as may be established by the City Council for the application;
       3. c.
          Photographs of the property depicting its current appearance;
       4. d.
          A preliminary plan of redevelopment for the parcel indicating an intended use that is in compliance with the General Plan, existing or proposed zoning, other applicable regulations and Subsection (K) of this Section;
       5. e.
          A preliminary plan of restoration of damaged or removed features;
       6. f.
          If economic hardship relief is requested, documentation in support of the request; and
       7. g.
          Other information which the applicant deems appropriate or which the HPO may reasonably deem necessary in connection with the review of the application.
    3. 3.
       An application for review under this Subsection, when deemed complete, shall be acted upon within a reasonable period of time. In the case of an application to be considered by the HPC as the approval authority, the application shall be included on the next available agenda.
    4. 4.
       The approval authority shall consider the application with reference to the objectives of this Section. The approval authority may deny an application upon determining either of the following:

       1. a.
          That the structure or feature proposed for demolition or removal is of historic or architectural value or significance and contributes to the distinctive character of the property;
       2. b.
          That loss of the structure or feature would adversely affect the integrity or diminish the distinctive character of an Historic District.
    5. 5.
       The approval authority may approve, conditionally approve or deny an application, or continue consideration thereof for further study. The HPO shall provide the applicant with notice of action taken, along with an explanation of any reasons therefore and conditions attached thereto.
    6. 6.
       Economic Hardship:

       1. a.
          An application for demolition or removal may be accompanied by a request for economic hardship relief which, if granted, allows demolition or removal which otherwise would not be permitted.
       2. b.
          Economic hardship relief may be granted by the approval authority as follows:

          1. i.
             In the case of income producing property, when the applicant demonstrates that requiring the property to retain the features that contribute to its distinctive character, whether the property is left in its present condition or is rehabilitated by the owner or a potential buyer, will not permit the owner a reasonable rate of return.
          2. ii.
             In the case of non-income producing property, when the applicant demonstrates that the property has no reasonable use as a single family dwelling or for an institutional use in its present condition, or if rehabilitated, either by the current owner or a potential buyer.
       3. c.
          For purposes of Subparagraph (b) above:

          1. i.
             Non-income producing property consists of owner-occupied single family dwellings and non-income producing institutional properties; and
          2. ii.
             Income producing property consists of all other properties.
       4. d.
          Economic hardship relief is not available to an owner who has:

          1. i.
             Engaged in willful or negligent acts destructive to the property;
          2. ii.
             Purchased the property for substantially more than the market value;
          3. iii.
             Failed to perform ordinary maintenance and repair; or
          4. iv.
             Where applicable, failed to diligently solicit and retain tenants or provide normal tenant improvements.
    7. 7.
       An approval pursuant to this Subsection shall be valid for a period of one year, unless otherwise specified in the approval.
    8. 8.
       If an application for demolition or removal is denied by the HPC, the City may deny a permit for such activity for up to 180 days from the date on which the application was denied. It is unlawful to demolish or remove a structure or feature which is subject to this Subsection (L) without a permit to do so under this Section and other applicable ordinances.

       1. a.
          During the period of restraint on demolition or removal, the HPC and HPO will endeavor to secure whatever assistance may be feasible to effect the preservation of the Historic Landmark, District, Site, Building, Structure or Object, including economic assistance, acquisition, purchase of a preservation easement; or location of a buyer who, upon purchase at terms agreeable to the owner, will enter into a preservation covenant with the City for a period of at least five years.
       2. b.
          If the HPC or HPO is unable to secure such assistance within the period of restraint, the proposed demolition or removal will be allowed, subject to the issuance of appropriate permits by the Building Official.
    9. 9.
       If the Building Official finds that a designated property is an imminent hazard to life or property and, after consultation with the HPO and the SHPO, determines that repairs or relocation would not be appropriate or feasible, the HPO shall approve the necessary demolition or removal, subject to issuance of appropriate permits by the Building Official.
13. M.
    Appeal and Review

    1. 1.
       The applicant for an approval under Subsection (K) or Subsection (L) of this Section may appeal any decision of the HPC to the City Council by written request. An appeal must be filed in the Office of the City Clerk within 10 days after the HPC’s action. The City Council may establish one or more fees to be paid in connection with the filing of an appeal under this Subsection, and the amount of any fee so established shall be as set forth in the Fee Schedule.
    2. 2.
       In addition, with respect to any approval by the HPC of an application under Subsection (K) or Subsection (L) of this Section, the Director or any member of the City Council may file a request for review within that 10-day period.
    3. 3.
       The City Clerk shall set the date for a public hearing on the appeal or review, and notice of the hearing shall be published in a newspaper of general circulation within the City at least 10 days before the hearing.
14. N.
    Maintenance and Repair

    1. 1.
       The owner is responsible for ordinary maintenance and repair of a designated Historic Landmark, District, Site, Building, Structure or Object. Such maintenance and repair may be performed without specific approval from the HPO or the HPC if such maintenance or repair does not significantly alter the features which contribute to the distinctive character of such a designated Historic Landmark, District, Site, Building, Structure or Object.
    2. 2.
       The owner of a designated Historic Landmark, District, Site, Building, Structure or Object shall not permit the resource to fall into a state of disrepair so as to result in the deterioration of any significant exterior feature which would have a detrimental effect on the distinctive character of the Historic Landmark, District, Site, Building, Structure or Object itself or that of an Historic District in which the Historic Landmark, Site, Building, Structure or Object is located.
    3. 3.
       Examples of deterioration which the owner of the designated property is responsible under this Subsection to prevent include, but are not limited to, the following:

       1. a.
          Excessive erosion, reverse drainage, and other preventable site conditions which may adversely affect significant Historic Landmarks, Districts, Sites, Buildings, Structures or Objects;
       2. b.
          Loss of structural integrity due to deterioration of footings, load-bearing walls or columns, beams, trusses, or other support members;
       3. c.
          Weathering or damage to exterior elements such as wall and roof surfaces, chimneys, balustrades, doors, windows, and other architectural features;
       4. d.
          Loss of weather-tightness or security due to any of the above;
       5. e.
          Deterioration resulting in a hazardous condition which would warrant demolition in the interest of public safety.
    4. 4.
       In order to avoid demolition necessitated by the failure to prevent any deterioration described in Paragraph (3) of this Subsection, the City may effect repairs to an Historic Landmark, District, Site, Building, Structure or Object or contributing property within an Historic District and assess the cost of such repairs to the property in the same manner and with the same effect as is available for the abatement of nuisances in LVMC 9.04.080 et seq.
    5. 5.
       For purposes of evaluating deterioration under this Subsection, the condition of the property at the time of its designation shall be the standard of reference.
    6. 6.
       Enforcement of this Subsection shall be the responsibility of the City Manager or designee.
15. O.
    Placement of Alternative Energy Systems

    1. 1.
       The application of alternative energy systems, such as solar and wind conversion technologies, shall be reviewed by the HPC to determine the impact on the Historic Landmark, Site, Building, Structure or Object as well as the impact on adjacent parcels and the surrounding District, if applicable. The least visible application of technologies is recommended; the systems and their supplementary equipment are to be discreet and reversible to avoid altering the historic character of the Historic Landmark, District, Site, Building, Structure or Object.
    2. 2.
       In the use of solar technologies, such as solar panels and solar water heaters, ground systems that can be placed at the rear of the property, at an appropriate height to minimize visibility shall be used. If equipment is to be roof-mounted, low or non-reflective materials shall be used, and all mechanical equipment shall be painted to match the existing surrounding material (roofing, fascia, primary structure) color. Visible roof-mounted installations shall be designed and positioned to be appropriately scaled with a structure’s roofline while maintaining a balance, scale, proportion and rhythm with other features of that elevation. Roof-mounted or non-free standing systems shall be placed in locations not visible from public right-of-way (by the adoption of low horizontal systems set back from edge on flat roofs and behind roof parapets, on rear non-street-facing slope, at rear of building concealed from sight by a wall or vegetation, or on secondary rear structures below main roof line). If invisibility is unattainable, the following is encouraged, but not limited to:

       1. a.
          Placement towards the rear third of hipped or front gabled roof;
       2. b.
          Low placement, along the incline of the roof, and parallel to the original roofline;
       3. c.
          Careful design of installations, in keeping with the balance, scale, proportion and rhythm of other features of that elevation
    3. 3.
       In the use of wind technologies, such as wind turbines, tower mounted systems in lieu of those that are building mounted are preferred. These towers and ancillary structures are to be placed to have the least visual impact on the surrounding environment. All of the structures are to be muted in color, have no graphics and be appropriately screened where possible. For systems that are building mounted, placement should not be visible from public right-of-way.
    4. 4.
       All options for the placement of the alternative energy system should be fully explored to the satisfaction of the HPO.
16. P.
    Incentives

    It is the intent of the City that Historic Landmarks, Districts, Sites, Buildings, Structures and Objects be beneficial to their respective owners, as well as to the community. In addition to the intangible benefits of owning a designated historic resource, other potential benefits can be made available by the City. The HPO and the HPC are authorized, when possible and appropriate, to provide such owners with the following:

    1. 1.
       Assistance in locating potential sources of financial assistance and tax credits;
    2. 2.
       Assistance in preparing grant applications and seeking potential third party sponsorship;
    3. 3.
       Technical information and referrals;
    4. 4.
       Assistance in locating buyers and sellers;
    5. 5.
       Assistance, through the Parks, Recreation and Cultural Affairs, in the formulation and operation of a neighborhood association;
    6. 6.
       Assistance in obtaining other benefits as may become available through the City or other sources.
17. Q.
    Violations

    1. 1.
       It is unlawful for any person to construct, alter, demolish, remove or fail to maintain an Historic Landmark, District, Site, Building, Structure, Object or portion thereof in violation of this Section.
    2. 2.
       In addition to and independent of a misdemeanor prosecution for violations under this Section, the City may pursue any available civil remedy to enforce compliance.
    3. 3.
       Any Historic Landmark, District, Site, Building, Structure, or Object found to be in violation of this Section will automatically be subject to a public hearing review by the HPC. The property owner must follow the guidelines, standards and process for review of alteration or new construction requirements set forth in Section (K) of this Chapter. Failure to follow the requirements of Section (K) of this Chapter is a violation of this Section.
    4. 4.
       In connection with any criminal prosecution or civil remedy, the person responsible for a violation may be required to restore a structure or property to its condition just previous to the violation.
18. R.
    Definitions

    For purposes of this Section, the following terms have the meanings ascribed to them:

(Ord. 6788 §19, 21/07/21)  

19.10.160 SB-O Las Vegas Boulevard Scenic Byway Overlay District

1. A.
   Intent

   In 2001 the State of Nevada designated as a scenic byway the Las Vegas Boulevard Scenic Byway in order to preserve its character as a nighttime urban scenic byway. The intent of the Las Vegas Boulevard Scenic Byway Overlay District is to provide signage standards that will maintain and enhance the scenic qualities of this historic highway in accordance with the “scenic byway” designation.

B. Boundaries. The Las Vegas Boulevard Scenic Byway Overlay District is established within the City. Its boundaries are generally described as the portion of Las Vegas Boulevard between Sahara Avenue on the south and Washington Avenue on the north. The Overlay District includes only those properties that have direct frontage on Las Vegas Boulevard. Because of ongoing development activity along Las Vegas Boulevard, the list of properties with direct frontage on Las Vegas Boulevard may change from time to time, and the above textual description of the boundaries of the Overlay District shall control over any map to the contrary. However, for the sake of convenience and reference, the boundaries of the Overlay District are generally depicted in Figure 1. C. Sign Standards 1. Relationship to Other Provisions. Standards governing signs located within the boundaries of the SB-O District are intended to be the most restrictive. Except as otherwise modified, required or prohibited by this Section, all signage within the Las Vegas Boulevard Scenic Byway Overlay District shall be governed by and subject to:

Figure 1 - Las Vegas Boulevard Scenic Byway Overlay District Map

a. All applicable standards and procedures in this Title; and b. The review and approval procedures set forth in Subsection (D) of LVMC 19.10.100, irrespective of where in the Las Vegas Boulevard Scenic Byway Overlay District the signage will be located. The provisions of LVMC 19.10.100(D)(8) shall apply to supergraphic signage within the SB-O District.
	Map is representative of where the SB-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the SB-O (Las Vegas Boulevard Scenic Byway Overlay) District.

1.   
    
2.   
   2. 2.
      Illumination. Except as otherwise provided in LVMC 19.08.120(H) with respect to supergraphic signage or in Paragraph (5) below with respect to animated signs, for any development within the Las Vegas Boulevard Scenic Byway Overlay District, at least 75% of the total sign surface areas for that development (excluding awning signs) must consist of illuminated signage, in the form of neon signs, animated signs, or a combination thereof. All such illuminated signs must be fully illuminated from at least one hour before dusk until one hour after dawn. Such signs may be fully illuminated during daylight hours also.
   3. 3.
      Off-premise Signs. Except for signs permissible pursuant to LVMC 19.12.120(H) and 19.12.120(I), off-premise signs are not permitted within the Las Vegas Boulevard Scenic Byway Overlay District. No waiver or Variance from this prohibition is available.
   4. 4.
      Maintenance. The owner and operator of each sign are jointly and severally responsible for ensuring that appropriate sign maintenance occurs and that damaged or nonfunctional signs and lighting are promptly repaired and made functional.
   5. 5.
      Exemption Regarding Animated Signs.  Signs within the Las Vegas Boulevard Scenic Byway Overlay District are exempt from the requirements and limitations concerning animated signage that are set forth in LVMC 19.08.120(B)(11)(a), but only when the following conditions are met;

      1. a.
         The sign proposed to be exempted may not be freestanding; and
      2. b.
         In complying with the 75% requirement described in Paragraph (2) above, at least 50% of the total sign surface areas for the development must consist of neon signage or neon-similar LED signage.

(Ord. 6207 § 6, 08/15/12)

(Ord. 6250 § 6 and 7, 05/01/13)

(Ord.6608 § 11, 12/06/17)

(Ord.6655 § 2, 11/21/18)

(Ord.6721 § 3, 01/15/20)

(Ord. 6744 § 4, 08/05/20)

Effective on: 1/1/1901

19.10.170 LW-O Live/Work Overlay District

1. A.
   Purpose

   The purpose of the Live/Work Overlay District is to allow owners and operators of businesses to occupy joint living and work quarters in commercial and industrial areas where other types of residential uses are inappropriate. Allowing Live/Work units will contribute to the vitality of commercial and industrial areas, assist in reducing vehicular traffic, and allow for a greater spectrum of housing types within the City.

2. B.
   Intent

   It is intended that Live/Work units will function as follows:

   1. 1.
      The owner or lessee of the Live/Work unit will reside and work in the unit.
   2. 2.
      The commercial or nonresidential uses of the Live/Work unit will be limited to the uses that are allowed within the underlying zoning district pursuant to LVMC Chapter 19.12 or within any applicable special area plan, subject to the requirements and limitations of that Chapter or plan.
   3. 3.
      No activity that uses hazardous materials or generates excessive noise will be permitted.
   4. 4.
      Live/Work units shall be designed to be compatible with the surrounding adjacent development.
   5. 5.
      The use of Live/Work units shall comply with and be subject to applicable building and fire safety codes.
   6. 6.
      The residential component of the use shall be accessory to the commercial or nonresidential component.
   7. 7.
      Residents of Live/Work units will be presumed to acknowledge the existence and operation of uses that are permitted on nearby parcels that are zoned for commercial and industrial uses.

C. Boundaries The Live/Work Overlay District is established within the City. Its boundaries are depicted in Figure 1. However, as and to the extent that areas within the boundaries of the Overlay District have been or are rezoned under the Form-Based Code provisions of LVMC Chapter 19.09, those areas shall be deemed to be removed from the Overlay District and shall be governed by the applicable provisions of Chapter 19.09. D. Approval Criteria All Live/Work units within the Live/Work Overlay District must meet the following criteria in order to be approved: 1. Zoning. Live/Work units may be located in the P-O, C-1, C-2, C-M, M and PD Zoning Districts only. 2. Locational Criteria. Live/Work units shall not be allowed within a multi-family residential building, unless approved as a mixed-use development. When so approved, such units shall comply with the locational provisions of LVMC 19.12.070 for commercial and civic uses. 3. Nonresidential Use Criteria. Nonresidential activities shall conform to the intent of the Live/Work Overlay District as described in Subsection (B) of this Section.

Figure 1 - Live/Work Overlay District Maps

4. Residential Use Criteria. The residential component of a Live/Work unit must contain sleeping space; a kitchen containing a refrigerator, sink and cooking facilities (such as a stove or microwave); and complete sanitary facilities that include a sink, toilet, and a shower or bathtub (or both). No more than fifty percent of the total floor area of a Live/Work unit shall be designed or used for residential purposes, and no unit may be solely for residential purposes. At least one occupant of the Live/Work unit must reside and work in the unit. 5. Parking. The amount of required on-site parking shall be calculated in accordance with any and all applicable parking provisions of this Title, or of any applicable special area plan or overlay district, in each case based upon the gross square footage of the unit and the nonresidential use or uses occurring therein. A deviation or relief from the applicable standard may be granted by means of a Variance pursuant to LVMC 19.16.140, a parking alternative pursuant to LVMC 19.18.030(D)(4), or such other means as are specified in a special area plan or overlay district, as applicable.

Map is representative of where the LW-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the LW-O (Live/Work Overlay) District.

1.   
   6. 6.
      Signage. Permissible signage shall be in accordance with the requirements and limitations of this Title and those that pertain to any other overlay district in which the property is located. A deviation or relief from the applicable standard may be granted by means of a Variance pursuant to LVMC 19.16.140 or by such other means as are specified in a special area plan or overlay district, as applicable.
   7. 7.
      Access

      1. a.
         Each Live/Work unit shall be divided into separate designated residential and nonresidential areas. interior access between the residential use and the nonresidential use shall be maintained at all times.
      2. b.
         When approved as part of a mixed-use development, access to the nonresidential use of the unit for the public, deliveries or other services shall be provided from the exterior of the unit, or from corridors that do not provide direct access to other residential units. Access through shared residential corridors shall be permitted to a Live/Work unit only when such access is solely for the residential use.
      3. c.
         Live/Work units shall be clearly identified by signage in order to facilitate access for emergency services. For addressing purposes, the unit shall receive a single address in conformance with the applicable provisions of LVMC 19.04.050.

5. E.
   Approval Process

   A Live/Work unit shall be approved as part of a Site Development Plan Review, subject to compliance with this Section and all applicable building and fire safety codes. The approval process for nonresidential uses shall be in accordance with the provisions of LVMC Chapter 19.12 for the underlying zoning district, or as provided for in any applicable special area plan. Nonresidential uses are subject to the applicable provisions of Title 6.

6. F.
   Applicability of Other Standards

   1. 1.
      This Section is intended to operate and apply independently of any other provision in this Title that allows residential and nonresidential uses on the same parcel. An applicant may proceed under this Section or under any other provision that applies to a proposed use.
   2. 2.
      Except as otherwise provided in this Section, the standards set forth in this Section are minimum standards, and no deviation from those standards shall be permitted.
   3. 3.
      Notwithstanding any other provision of this Title, the provisions of LVMC 19.16.180 relative to home occupations shall not apply to Live/Work units.

(Ord. 6281 §2 through 5, 10/02/13)

(Ord. 6833 §16, 03/15/23) 

Effective on: 1/1/1901

19.10.180 RP-O Rural Preservation Overlay District

A. Establishment of District There is hereby created the Rural Preservation Overlay District, consisting of those areas that are deemed consistent with the definition and intent of a rural preservation neighborhood. In order to provide a description of those areas, the City shall maintain a Rural Preservation Overlay District Map, which shall indicate the areas that, at a particular point in time, are deemed consistent with the definition and intent of a rural preservation neighborhood. The Overlay District map shall be maintained on file in the Department. In order to keep the Overlay District Map as current as reasonably possible, the Map shall be amended from time to time, at a frequency deemed appropriate by the Department, to add areas to, or remove areas from, the Overlay District in order to reflect the fact that particular properties have come to qualify, or no longer qualify, for inclusion within a rural preservation neighborhood. As deemed appropriate, the Department may, after taking into account input from interested parties: 1. Make any such amendment to the Overlay District Map administratively; or 2. Request City Council approval or ratification of any such amendment.	Figure 1 - Rural Preservation Overlay District Map
	Map is representative of where the RP-O District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the RP-O (Rural Preservation Overlay) District.

2. B.
   Intent of District
   It is the intent of the Rural Preservation Overlay District to:

   1. 1.
      Ensure that the rural character of each rural preservation neighborhood is preserved.
   2. 2.
      Unless a rural preservation neighborhood is located within three hundred thirty feet of an existing or proposed street or highway that is more than ninety-nine feet wide, maintain the rural character of the area developed as a low density residential development.
   3. 3.
      Provide adequate buffer areas, adequate screening and an orderly and efficient transition of land uses, excluding raising or keeping animals commercially or noncommercially.
   4. 4.
      Establish a basis for the modification of standards for the development of infrastructure to maintain the rural character of the rural preservation neighborhood.
3. C.
   Certain Rezoning Requests.

   For any rezoning request for vacant property that is located within three hundred thirty feet of a parcel within the Overlay District, the City Council, for good cause shown, may approve a greater density or intensity of use than that which exists within the Overlay District.

    

    

Effective on: 1/1/1901

19.10.200 TOD-O Transit Oriented Development Overlay District

A. Establishment of District There is hereby created the Transit Oriented Development Overlay District. The sense in which it is created by this Subsection (A) is that the description of the Overlay District that follows indicates where parcels can become part of the Overlay District, which will then govern and apply to those parcels when action is taken to have them be included within the Overlay District. The description of the Overlay District (meaning where parcels potentially can have the Overlay District applied to them) consists of those residentially or commercially zoned properties that are consistent with the Transit Oriented Development 1 (High), Transit Oriented Corridor 1 (High), Transit Oriented Development 2 (Low), Transit Oriented Corridor 2 (Low), and Neighborhood Mixed Use Center general plan categories as described in the Master Plan.	Figure 1 - Transit Oriented Development Overlay District
	Map is representative of where the TOD-O Overlay District is located. See the Official Zoning Map Atlas for the exact location of properties which currently fall within the TOD-O (Transit Oriented Development Overlay District).

B. Intent

The intent of this Overlay District is to establish standards for transit oriented development, implementing the vision of the City of Las Vegas Master Plan and to achieve identified outcomes. The application of this Overlay District to properties is deemed appropriate as it:

1. 1.
   Utilizes new development models that provide a broad mix of housing and neighborhood use types to accommodate residents with varied incomes and in different stages of life;
2. 2.
   Supports commercial, residential, and mixed-use development with transit options and multimodal connectivity that are convenient and integrated with vibrant neighborhood and employment centers, better connecting people to their destinations.
3. 3.
   Increases affordable housing types and choices for all income levels near existing and new employment centers;
4. 4.
   Facilitates the development or redevelopment of underutilized parcels along major transit corridors;
5. 5.
   Considers existing views, access to solar resources, and whether buildings will cast shadows on surrounding residential and commercial developments; and
6. 6.
   Ensures the protection and character of existing neighborhoods and communities, by providing for sensitive transitions from transit-oriented development at major nodes and along corridors to nearby less intensive areas.

C. Development Standards

1. 1.
   Zoning. The Overlay District is designed to be available or applicable only within R-3, R-4, R-TH, C-1, C-2, O, and C-V Zoning Districts. In the case of a parcel to which the Overlay District has been applied, the development standards of the underlying zoning district shall apply, unless otherwise modified or superseded by any of the standards in this Section. All provisions of this Title otherwise applicable to a parcel within the Overlay District shall apply to that parcel, except to the extent that they conflict with the provisions of this Section. To the extent that any other Special Purpose Districts, or area specific standards and guidelines articulated in LVMC 19.10 apply to any property located within the Transit Oriented Overlay District, the more restrictive standard shall apply. However, within the C-V District, the standards set forth in LVMC 19.10.020 shall govern.
2. 2.
   TOD Standards. The following building placement, height, setback, design, and adjacency standards listed in Table 1 shall apply and supersede the standards for the applicable listed zoning district. All other development or dimensional standards listed in Chapter 19.06 or Chapter 19.08 for each zoning district shall apply. 

3. Design Guidelines. (PLACEHOLDER)

4. Building Facade with Frontage along Public Right-of-Way. Building frontages may include plazas, additional street trees and landscaping, pedestrian and vehicular access to side or rear parking areas, bicycle parking or storage, or shade structures. Each building must have an entrance along the front of the building directly accessed from and oriented to the public sidewalk. Building facades and frontages must comply with any applicable design guidelines adopted pursuant to this Title.

5. Perimeter Landscaping. The perimeter landscaping standards required by LVMC 19.06.040 or 19.08.040 shall be provided, unless building placement, front yard setback, or minimum building facade frontage prevents its installation, in which case an exception must be approved by the Department. In any case, parking areas or driveways may not be placed in such a way that the provision of such parking areas or driveways takes precedence over the provision of perimeter landscaping. Large or extra-large drought-tolerant trees, as defined by the Southern Nevada Water Authority (SNWA)/Southern Nevada Regional Planning Coalition (SNRPC) Regional Plant List, shall be planted in all landscape buffers adjacent to a property zoned for residential use. To ensure a sensitive transition to residential uses, no waiver, exception or modification to the perimeter landscaping requirement within a landscape buffer adjacent to a parcel zoned for residential use shall be permitted. 

6. Mix of Uses. All uses permitted in the R-3, R-4, R-TH, 0, C-1 and C-2 zoning districts, as modified and restricted by Section E (below); shall be permitted in the TOD Overlay District regardless of the underlying zoning district. Any development within the TOD Overlay District which fronts a primary arterial shall provide a vertical mix of any combination of the allowable residential, commercial or civic uses within a single building, subject to the following: 

Residential Uses. Residential uses may not be permitted on the ground floor fronting a primary arterial but may be located at or above the second level of the building. Residential uses may be located on the ground floor of any building or portion thereof that is located at the interior of the development site or which fronts a collector street. 

Commercial or Civic Uses. Commercial uses or civic uses shall be located at the ground level fronting an arterial and may be located at the ground level fronting a collector street. Commercial or civic uses may extend above the ground floor on any frontage. The principal entryway to access those ground level commercial or civic uses, whether separate or shared, shall be directly accessed from and oriented to the public sidewalk. Entryways directly accessed from open space and plazas may be provided when feasible. Ground floor uses promoting pedestrian activity are encouraged.

7. Pedestrian Open Spaces and Plazas. Developments with commercial uses or civic uses greater than two acres in size shall provide a minimum of one square foot of plaza per 50 square feet of gross floor area for each building exceeding 10,000 square feet and an additional one square foot of plaza for each additional 500 square feet of gross floor area for each building exceeding 50,000 square feet.

8. Thoroughfare Standards/Complete Street Standards. (PLACEHOLDER)

9. Driveways. To maximize active pedestrian edges, curb cuts and driveways off a transit corridor shall be eliminated where possible. Vehicle access into parcels should occur from side streets or alleys. Where necessary, driveways should be located as far as possible from potential pedestrian activity areas and spaced at intervals of no more than 330 feet from the nearest driveway or accessible side street.

D. Parking Standards.

1. Maximum Parking. No minimum parking standards shall be applied. The maximum amount of required parking for developments shall be at the rates described in Table 2 as required for the principal use of the site as required by LVMC Chapter 19.12 and LVMC 19.18.030. On-site loading standards, as described in LVMC 19.08.110(D), shall apply. No development shall provide less than the required handicapped parking prescribed in LVMC 19.18.030(D)(3) before maximum parking standards are applied.

2. Tandem Parking. Tandem parking may be provided for residential uses in the R-3 and R-4 zoning districts. The minimum dimensions of tandem parking spaces shall be 36 feet in length by 9 feet in width.

3. Handicap Parking. For commercial uses in the C-1 and C-2 zoning districts, handicapped parking design standards may utilize:

1. 1.
   The standards prescribed in LVMC 19.18.030(O)(3); or
2. 2.
   Standards that are compliant with the Americans with Disabilities Act, including the provision of a single access aisle.

4. Parking Lot and Parking Structure Design.

1. a.
   Parking lots and parking structures shall be located underground or to the rear of the principal building(s) on the site, and shall be screened from view of the adjacent rights-of-way by the principal building(s) or a landscape buffer in conformance with the requirements of LVMC Chapter 19.08. Parking lots and structures shall not be located along the street frontages of the development site and shall be screened from view of the adjacent rights-of-way by the principal building(s) or incorporated into the building footprint. 
2. b.
   An above-ground parking structure shall conform to the building form standards for the applicable zoning district except as modified by applicable TOD standards. When adjacent to a primary arterial or collector street, above-ground parking structures shall incorporate space into the design of the structure for ground level uses. Where ground level uses cannot be provided, ground level facade enhancements that simulate shopfronts or serve to activate the street frontage shall be incorporated, as approved by staff of the Department.
3. c.
   The Planning Commission may require the dedication of cross-access easements when necessary for vehicular and pedestrian circulation and access between adjacent parcels. 

5. Bicycle Parking. Bicycle parking shall be provided on-site at the rates set forth in Table 3. Bicycle parking shall consist of bike racks, corrals, or anchors allowing a bicycle to be locked securely by chain, cable, or padlock within 40 feet of the principal entrance for each building on the site.

E. Uses

All permitted, conditional and special uses listed in LVMC Chapter 19.12 for the R-3, R-4, R-TH, C-1, C-2 and O zoning districts shall be applied within the Overlay District, except as otherwise provided for below in the list of uses that are either prohibited or allowed only by means of a special use permit.

PROHIBITED USES

Boat & Trailer Dealership (New and Used)

Building & Landscape Material/Lumber Yard

Car Wash or Auto Detailing

Cemetery/Mausoleum

Cold Storage Plant

Commissary

Crematory

Data Center

Delivery and Service Vehicle Storage

Electric Generating Plant

Electric Utility Substation

Emergency Ambulance Services, Ground

Horse Corral or Stable (Commercial)

LPG Installation (Over 288 Gallons)

Mini-Storage Facility

Motor Vehicle Dealer Inventory Storage

Motor Vehicle Parts, Sales, Installation, and Repair 

Motor Vehicle Rental

Motor Vehicle Repossession Agency

Motor Vehicle Sales

Motor Vehicle Smog Check

Off-Premise Sign (Not Qualifying as a City Communication Sign)

Post Office, Regional

Residential, Manufactured Home (Qualifying for Treatment as Residential Single Family Detached Dwelling)

Residential, Single Family, Detached

RV and Boat Storage

Slaughtering and Processing of Live Poultry

Towing Service (with No Storage)

Trailer/RV Camp or Park

Truck Rental

Trucking Company

Wholesale Showroom Facility

USES REQUIRING A SPECIAL USE PERMIT:

Check Cashing

Drive-Through

Parking Facility

F. Review and Approval Procedures

1. Development within the Overlay District is subject to:

1. a.
   The approval process for a Site Development Plan Review as set forth in LVMC 19.16.100; and
2. b.
   Compliance with this Section and all applicable building and fire safety codes.

2. Except as otherwise provided in Paragraph (3) below, if an applicant is unable to comply with specific standards described in Subsections (C) and (D), or any applicable development standard set forth in Section 19.06.040 or 19.08.040, the approval of a Waiver must be obtained. The approval of a Waiver may be accomplished by submitting an application for a Waiver as provided for in LVMC 19.16.130.

3. A Variance application and approval are required to allow an increase of the maximum height of a structure or for an adjustment of perimeter landscaping requirements.

4. Residential properties that are eligible for the application of the Overlay District are subject to the rezoning process described in LVMC 19.16.030 as well as the provisions of LVMC 19.16.090(S). The process may be initiated:

1. a.
   By the Department
2. b.
   By another department of the City in connection with a City or other governmental capital improvement project; or
3. c.
   By the owner of property desired to be included in the Overlay District, but only if the property carries an underlying General Plan category of TOD-1, TOD-2, TOC-1, TOC-2, or NMXU.

5. The approval process for nonresidential uses shall be in accordance with the Site Development Plan Review provisions of LVMC Chapter 19.16 for the underlying zoning district, or as provided for in any applicable special area plan.

6. As a matter of information, nonresidential uses are subject to the applicable provisions of LVMC Title 6.

(Ord. 6951 §9, 05/06/26)

Effective on: 1/1/1901

Alteration: Any aesthetic, architectural, mechanical, or structural change or addition to the exterior surface of any significant part of a designated property.

Effective on: 1/1/1901

Approval authority: The HPC or the HPO, as indicated in this Section.

Effective on: 1/1/1901

Building: A resource created principally to shelter any form of human activity, such as a home.

Effective on: 1/1/1901

Compatibility: A pleasing visual relationship between elements of a property, building or structure; among properties, buildings and structures; or with their surroundings. Aspects of compatibility may include, but are not limited to, proportion, rhythm, detail, texture, material, reflectance and architectural style.

Effective on: 1/1/1901

Contributing Resource: Sites, buildings, structures or objects which individually meet the criteria for historic designation, or contribute generally to the overall distinctive character of a district and are united historically or visually by plan or physical development.

Effective on: 1/1/1901

Demolition: The act or process that destroys a structure or feature associated with a designated property.

Effective on: 1/1/1901

Distinctive Character: The distinguishing architectural and aesthetic characteristics of a Landmark or Historic Property, or those generally found throughout an Historic District, which fulfill the criteria for designation.

Effective on: 1/1/1901

District: A significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.

Effective on: 1/1/1901

Non-contributing Resource: Sites, buildings, structures or objects which do not individually meet the criteria for historic designation, or do not contribute generally to the overall distinctive character of a district.

Effective on: 1/1/1901

Object: A construction primarily artistic in nature or relatively small in scale, such as a sign, statue or milepost.

Effective on: 1/1/1901

Ordinary Maintenance and Repair: Regular or usual care, upkeep, repair or replacement of any portion of an existing property, building or structure in order to maintain a safe, sanitary and stable condition.

Effective on: 1/1/1901

Significant: With reference to a property, building or structure, means having aesthetic, architectural or historical qualities of critical importance to its consideration in connection with the designation of property under this Section.

Effective on: 1/1/1901

Site: Location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archaeological value regardless of the value of any existing structure.

Effective on: 1/1/1901

Structure: A functional construction made for purposes other than creating shelter, such as a bridge.

Effective on: 1/1/1901