The design standards of this chapter establish certain restrictions for residential development. These standards allow for variety in housing types while maintaining the overall character of neighborhoods throughout County. Design standards are based on the County's suburban and rural character areas. Separate standards are established to regulate development in each zone. This approach to Character Districts and zone specific design standards has several public benefits:

   A.   It allows for development that is more sensitive to the environment and allows for the preservation of open and natural areas.

   B.   It promotes quality site layout and energy-efficient development.

   C.   It promotes affordable and life-cycle housing.

   D.   It promotes development intensities that match existing and proposed infrastructure investments. (Ord. 603, 11-1-2018)

   A.   Conventional Subdivision: Conventional subdivision is a pattern of residential development that provides a majority of property owners with substantial yards on their own property. Lots are typically at the minimum size for a specific zoning district, and uniform in dimension and net area. Structures are sited uniformly to front and side setback limits.

   B.   Cluster Subdivision: Cluster subdivisions trade smaller lot sizes (with smaller yards) for additional common open space. A cluster subdivision shall be a minimum size to ensure sufficient common open space can be incorporated into the subdivision design.

   C.   Mixed Residential Subdivision: Mixed residential subdivisions allow for a diversity of single family housing types and styles within a single subdivision development while maintaining the underlying density and character of the zoning district in which it is located. The following housing types may be incorporated into a mixed residential subdivision subject to the limitations of the specific zoning district: single family detached, zero lot line, alley loaded, semi-attached, cottage housing, and townhouse.

   D.   Planned Unit Development: Planned unit development (PUD) allows maximum flexibility and creativity in the design and execution of large scale development projects through the use of project specific design standards, a mix of land uses, and an extended development schedule. Planned unit development is intended to create a mix of residential and non-residential development on parcels in excess of five (5) acres. While typically used in suburban character areas with access to public water and sewer and the arterial transportation network, planned unit development is also available for use in rural character areas to cluster the residential use while maintaining the remaining area as open space that can remain in agricultural use, preserve significant topographic features or historical structures/features. (Ord. 603, 11-1-2018)

The following housing types are established to provide a common terminology for housing in the County. All drawings are for illustrative purposes only.

   A.   Single Family Detached: A dwelling unit located on a single lot with private yards on all four (4) sides.

   B.   Zero Lot Line House: A dwelling unit located on a single lot with private yards on three (3) sides with the fourth side abutting the adjoining property line. The house has only a single side yard comprising the equivalent of the two (2) side yards of a single-family detached house. An access easement for maintenance of the structure's exterior is provided on the adjoining lot.

   C.   Alley-Loaded House: A dwelling unit located on a single lot with private yards on all four (4) sides. The house is set much closer to the street than a single-family detached house, and alley access to a garage (either attached or detached) is required.

   D.   Semi-Attached House: Two (2) attached single-family units located on two (2) adjoining lots that share a common wall along the lot line, providing for fee-simple ownership.

This duplex building type consists of structures that contain two (2) side-by-side dwelling units, both facing the street, and sharing one common party wall. This building type has the appearance of a medium to large single-family home. This type is typically integrated sparingly into single-family neighborhoods or more consistently into neighborhoods with other medium density types such as courtyard cottages, fourplexes, or courtyard apartments. This building type enables the incorporation of high- quality, well-designed density within a walkable neighborhood.

   E.   Courtyard Cottage: The courtyard cottage building type consists of a series of small detached or attached houses on a single lot, arranged to define a shared court that is perpendicular to the street. All units are oriented to and are accessed from this shared court. This type is typically integrated sparingly into single-family neighborhoods or more consistently into neighborhoods with other medium density types such as duplexes, four-plexes, or courtyard apartments. This building type provides an option for living in a smaller, high- quality house in a more community-driven environment due to the shared outdoor space.

   F.   Townhouse: Three (3) or more attached units where the units are lined up in a row and share side walls. Access to garages is generally from the rear.

A small side or rear yard is provided for each unit as private open space. This building type provides a higher density, fee-simple unit in a more urban form.

This townhouse building type shall comply with the regulations in Nevada Revised Statutes 116 (Common Interest Communities) as this type of residential development requires the owners of units within the development shall pay for a share of the Real Estate Taxes, insurance premiums, maintenance or improvement of, or services or other expenses related to common elements, other units or other real estate associated with the townhouse development.

(Ord. 603, 11-1-2018)

   A.   Compliance: Applicants shall comply with all provisions of this title and all other applicable laws.

   B.   Dimensional Standards: Applicants using the conventional subdivision option shall meet the dimensional standards of the standards of the zoning district. (Ord. 603, 11-1-2018)

   A.   Compliance: Applicants proposing a cluster subdivision shall comply with the provisions of section 15.340.08 of this chapter and chapter 343 of this title, all provisions of this title and all other applicable laws.

   B.   Dimensional Standards: Applicants using the cluster subdivision option shall meet the dimensional standards of the zoning district.

   C.   Ownership Of Development Site: The development site to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, the site shall be developed according to a single plan with common authority and common responsibility. (Ord. 603, 11-1-2018)

   A.   Zoning Districts: Mixed residential subdivisions are to be used in the CMU, HMU, RMU and EMU Zoning District for the residential component of the various Mixed Use Zoning Districts. Applicants shall comply with the provisions of section 15.340.08 of this chapter and chapters 344, 345, 346, 347, and 348 of this title, as applicable, all provisions of this title and all other applicable laws.

   B.   Dimensional Standards: Applicants using the Mixed Residential Subdivision option shall meet the dimensional standards of the respective Mixed Use Zoning District.

   C.   Density: Aggregate density shall be no greater than the density permitted in the underlying zoning district.

   D.   Open Space: Total project open space shall not be less than the aggregate requirement for each housing type.

   E.   Ownership Of Development Site: The development site to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, then the site shall be developed according to a single plan with common authority and common responsibility. (Ord. 603, 11-1-2018)

   A.   Where Permitted: Planned unit development (PUD) is permitted in all zoning districts where the proposed development is consistent with the Lyon County Comprehensive Master Plan and applicable Community Plans, will not conflict with existing uses both within the project site and sites adjacent to the PUD site.

   B.   Dimensional Standards: Dimensional standards for planned unit development proposals shall be in general conformance with the standards established and modifications as permitted by chapters 341 through 349 of this title.

   C.   Permitted Uses: A planned unit development may include any uses permitted in any zone classification consistent with the underlying master plan designation(s) provided that any combination of uses are planned in a manner compatible to each and to the surrounding environment.

   D.   Ownership Of Development Site: The entire property proposed for development as a PUD shall be under common ownership or unified control. If a proposed PUD is under unified control, then the application shall include an agreed-upon dissolution methodology in a format to the satisfaction of the Director and the District Attorney, so as to ensure unified development.

   E.   Special Standards For Planned Unit Development:

      1.   Design Regulations: Each planned unit development shall be governed by a Design Manual prepared and adopted as a component of the planned unit development approval. The Design Manual shall conform to the requirements of chapter 349 of this title and Nevada Revised Statutes chapter 278A.

      2.   Density: The allowable density for a planned unit development shall be compatible with the Lyon County Comprehensive Master Plan and applicable Community Plans. The following factors will be considered in approving the allowable density of a planned unit development project:

         a.   The geotechnical characteristics of the site, including soils, proximity to identified faults.

         b.   Groundwater recharge capacity, etc.

         c.   The topography of the project site.

         d.   Drainage within and through the project site.

         e.   The impact of the project on views into and from the site.

         f.   Project layout and subdivision scheme.

         g.   Relation to existing and planned transportation facilities.

         h.   Water and sewer capacity.

      3.   Common Open Space: Each planned unit development shall contain a minimum of twenty percent (20%) common open space meeting the requirements of section 15.340.08 of this chapter and chapter 349 of this title as well as Nevada Revised Statutes 278A.130 and 278A.170.

      4.   Buffer Zones: Each planned unit development shall include buffers between dissimilar uses within the project, and the project shall be designed in consideration of height, density, architecture, and landscaping of existing uses adjacent to the planned unit development project.

      5.   Landscaping: At a minimum all components of planned unit development projects shall be landscaped in accordance with the requirements of chapter 402 of this title. The project-specific landscaping requirements shall be incorporated into the planned unit development's Design Manual. (Ord. 603, 11-1-2018)

   A.   Open Space Requirements:

      1.   Configuration Of Open Space:

         a.   The open space may adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

         b.   At least twenty five percent (25%) of the open space shall be made accessible with trails, active recreation areas or other similar improvements. Trails shall be developed in accordance with the Lyon County Design Criteria and Improvement Standards (providing for neighborhood, connector and regional corridors). Active recreation areas shall be developed in accordance with the requirements in Lyon County Design Criteria and Improvement Standards. Where open space consists of agricultural land in active use, this accessibility requirement shall not apply.

         c.   The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space (i.e., mid-block connections in logical locations).

      2.   Permitted Uses Of Open Space: Uses of open space may include, but are not limited to the following:

         a.   Conservation areas for natural, archeological or historical resources;

         b.   Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

         c.   Pedestrian or multipurpose trails;

         d.   Passive recreation areas, including pocket parks;

         e.   Active recreation areas, such as ball fields and playgrounds, provided that impervious area is limited to no more than ten percent (10%) of the total open space (active recreation areas in excess of this impervious area limit shall be located outside of the protected open space);

         f.   Golf courses (excluding clubhouse areas and maintenance facilities), provided the area does not exceed fifty percent (50%) of the required open space;

         g.   Above-ground utility rights-of-way, provided the area does not exceed twenty five percent (25%) of the required open space;

         h.   Water bodies, such as lakes and ponds, and floodways provided the total surface area does not exceed seventy five percent (75%) of the required open space as long as the water body provides a function of recreation as an amenity to the public;

         i.   Agriculture, horticulture, silviculture or pasture uses as provided for in a conservation plan approved by the Conservation District;

         j.   Landscaped stormwater management facilities;

         k.   Easements for drainage, access, and underground utility lines; and

         l.   Other conservation-oriented uses compatible with the purposes of these regulations.

      3.   Prohibited Uses Of Open Space: Open space shall not include the following:

         a.   Community or individual wastewater disposal systems;

         b.   Streets and parking areas;

         c.   Agricultural and forestry activities not conducted according to a conservation plan approved by the Conservation District or a forest management plan approved by the Nevada Division of Forestry; and

         d.   Other activities as determined by the Director to be similar to the activities listed in subsections A3a through A3c, inclusive, of this section and recorded on the legal instrument providing for permanent protection.

      4.   Ownership And Management Of Open Space:

         a.   Ownership Of Open Space: No residential lots shall be allowed to extend into the required open space. Open space shall be accepted and owned by one of the following entities:

            (1)   Conservation District: The responsibility for maintaining the open space and any facilities shall be borne by the Conservation District.

            (2)   Land Conservancy Or Land Trust: The responsibility for maintaining the open space and any facilities shall be borne by a land conservancy or land trust.

            (3)   Homeowners Or Similar Association: A homeowners' association or similar such association that represents the property owners of the subdivision shall own the open space. Membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. The association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities shall be borne by the association.

            (4)   Private Landowner: A private landowner may retain ownership of open space, provided that a conservation easement meeting the standards for conservation easements established by the IRS and approved by the County is recorded on the property in question. The responsibility for maintaining the open space and any facilities shall be borne by the private landowner.

            (5)   Lyon County: The responsibility for maintaining the open space and any facilities as offered to and accepted by the County shall be borne by the County.

         b.   Management Plan: Applicants shall submit a plan for the management of open space and other common facilities that:

            (1)   Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

            (2)   Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

            (3)   Provides that any changes to the plan be approved by the County; and

            (4)   Provides for enforcement of the plan.

         c.   Maintenance Of Open Space:

            (1)   Passive open space maintenance is limited to removal of litter, dead tree and plant materials (as well as obstructions to pedestrian movement), brush; weeding and mowing, and removal of any illegal dumping, fire hazards and fuels modifications. Natural water courses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter or increase floodplain levels.

            (2)   No specific maintenance is required for agricultural uses.

            (3)   Active open space areas shall be accessible to all residents of the development.

         d.   Failure To Maintain Open Space: In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the County may deem material(s) and/or item(s) within the open space to be a public nuisance and begin the abatement process outlined in title 6 of this Code. Such action could include that the County assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The County may file an enforcement action for failure to maintain open space. The costs of such maintenance may be charged to the homeowners' association, or to the individual property owners that make up the homeowners' association, or other entity responsible for maintenance of the open space, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.

         e.   Legal Instrument For Protection:

            (1)   The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed and enforceable by Lyon County. The instrument shall be one of the following:

   (A)A permanent conservation easement in favor of either:

(i)The Conservation District; or

(ii)A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; or

(iii)A governmental entity with an interest in pursuing goals compatible with the purposes of this title. If the entity accepting the easement is not the County, then a third party right of enforcement favoring the County shall be included in the easement.

   (B)A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

   (C)An equivalent legal tool that provides permanent protection, if approved by the County.

            (2)   The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restrictions contained in this chapter, as well as any further restrictions the applicant chooses to place on the use of the open space. Where appropriate, the instrument shall allow for the inclusion of such items as utility maintenance access, storm drainage infrastructure maintenance access, stream or habitat restoration and other similarly necessary features within the easement area.

   B.   Utilities: To the maximum extent determined feasible, utilities shall be placed underground.

   C.   Street Image:

      1.   Applicability: This subsection's street image standards shall apply to all new cluster, mixed residential subdivisions, and planned unit developments residential projects under one-half (1/2) acre in size.

      2.   Standard Street Image Features: New single-family residential structures on lots seventy feet (70') or wider shall utilize a minimum of three (3) of the following techniques, and new single- family residential structures on lots narrower than seventy feet (70') shall utilize a minimum of two (2) of the following techniques to reduce the prominence of garages, promote pedestrian activity, and create visual diversity in single-family neighborhoods:

         a.   House Forward: Living areas shall extend a minimum of three feet (3') in front of the garage face.

         b.   Front Porches: A sixty (60) square foot or larger covered front porch shall be provided and shall extend a minimum of three feet (3') in front of the living area and garage face.

         c.   Courtyards: A sixty (60) square foot or larger front yard courtyard with a hard finished floor surface (concrete, wood, brick, pavers, etc.) and walls not exceeding four feet (4') in height shall be provided and shall extend a minimum of three feet (3') in front of the garage face.

         d.   Varied Front Setbacks: Front setbacks of adjacent homes on the same side of the street shall vary by a minimum of three feet (3').

         e.   Garage Orientation: Garage doors shall not face the street (i.e., provide side loaded garages) and front elevations of garages shall be architecturally consistent with the living area front elevation.

         f.   Reduced Garage Width: Garages shall not exceed forty percent (40%) of the front elevation.

         g.   Hillside Adaptive Architecture: Within hillside developments and on properties with an average slope exceeding ten percent (10%), homes shall be built on existing grade. This option may be used if the development requires minor grading for driveways, rear yards and other features but may not be used in projects that mass grade sites to provide flat foundations and yards.

         h.   Enhanced Landscaping: On lots narrower than seventy feet (70'), a minimum of one additional code size tree shall be provided in the front yard. On lots seventy feet (70') or wider, a minimum of two (2) additional code size tree shall be provided in the front yard.

         i.   Parkway Strips: Parkway strips between the street and sidewalk may be provided with a minimum width of five feet (5'). Any provided parkway strips shall be the maintenance responsibility of a homeowners' association or similar maintenance organization to ensure consistent planting and maintenance of the parkway strip through the life of the neighborhood.

         j.   Front Door Path: A three foot (3') or wider path that is physically separated from the driveway shall be provided from the sidewalk to the front door.

         k.   Structure Articulation: A minimum of four (4) separate roof planes shall be incorporated within the front elevation and the front elevation shall contain a minimum of two (2) wall planes that are offset by a minimum of three feet (3'). (Ord. 603, 11-1-2018)