These regulations shall be known as and may be cited as the UNIFIED DEVELOPMENT ORDINANCE ("UDO"). (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   State Statute: These regulations are adopted pursuant to Nevada Revised Statutes 278 and all acts amendatory thereof and supplementary thereto.

   B.   Amendments: Whenever any portion of these regulations refers to or cites a section of the Nevada Revised Statutes which section is later amended or superseded, the regulations shall be deemed amended to refer to the amended section or the section that nearly corresponds to the superseded section. In the event that such an amendment is not possible, no action may be taken pursuant to the affected provisions of these regulations until such time as the city council has had the opportunity to review all available options. (Ord. 172, 9-24-1996, eff. 10-31-1996)

These regulations are adopted for the purpose of promoting the health, safety, morals or general welfare of the present and future inhabitants of mesquite, dividing the city into districts, setting forth the regulations pertaining to such districts in accordance with the master plan for Mesquite, and are designed to:

   A.   Preserve the quality of air and water resources;

   B.   Promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment;

   C.   Provide for recreational needs;

   D.   Protect life and property in areas subject to floods, landslides and other natural disasters, and secure safety from fire, panic and other dangers;

   E.   Conform to the adopted Mesquite comprehensive master plan;

   F.   Develop a timely, orderly and efficient arrangement of transportation and public facilities and services;

   G.   Ensure that the development on land is commensurate with the character and the physical limitations of the land;

   H.   Take into account the immediate and long range financial impact of the application of particular land to particular kinds of development, and the relative suitability of such land for such development; and

   I.   Promote health, safety, comfort, convenience morals and the general welfare of the city of Mesquite.

These regulations are with reasonable consideration, among other things, for the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout Mesquite. (Ord. 172, 9-24-1996, eff. 10-31-1996)

The provisions of these regulations shall apply to all land, property and development in the incorporated area of Mesquite, Nevada, except as expressly and specifically provided otherwise in this UDO. No development shall be undertaken without prior authorization pursuant to these regulations. (Ord. 172, 9-24-1996, eff. 10-31-1996)

The provisions of these regulations were originally adopted on September 24, 1996, and became effective on October 31, 1996. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Mesquite Code; Cross References: The use of buildings and land within the City shall be subject to all other applicable provisions of this Code as well as these regulations, whether or not such other provisions of this Code are specifically cross referenced in these regulations. Cross references to other provisions of this Code in these regulations are for the convenience of the reader; lack of a cross reference should not be construed as an indication that other provisions of this Code do not apply.

   B.   Minimum Requirements: In interpreting and applying the provisions of these regulations, they shall be construed to be the minimum requirements necessary for the promotion of public health, safety or the general welfare. Minimum values are not intended to be target values. In some instances, topography or other conditions may create the need to exceed stated minimum standards. Whenever these regulations require a lower height of a building or lesser number of stories, or require a greater percentage of the lot to be left unoccupied, or impose more restrictive standards than are required pursuant to any other statute or local regulation, these regulations shall govern. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Intent: These regulations are intended to implement the goals and policies of the Mesquite comprehensive master plan ("master plan") and are hereby deemed to be consistent with and in accordance with the adopted master plan for the City. Any amendments to or changes pursuant to such regulations shall be consistent with the master plan, as it may be amended from time to time.

   B.   Amendments: An amendment to the text of these regulations is consistent with and in accordance with the master plan if it complies with the goals and policies stated in the plan, as it may be amended from time to time. An amendment to the zoning map is consistent with the master plan if the map amendment is consistent with the land use diagram contained in the plan, as it may be amended from time to time.

   C.   Predated Development: Where development is permitted under the regulations that predate these regulations, such development shall be deemed consistent with the master plan, as long as such development conforms to the requirements of section 9-1-9 of this chapter. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 295, 3-10-2005)

   A.   The provisions of the UDO are not intended to affect any deed restriction, covenant, easement or any other private agreement or restriction on the use of land; provided, that where the provisions of the UDO are more restrictive or impose higher standards than any such private restriction, the requirements of the UDO shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of the UDO, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restrictions; the Director of Development Services (hereinafter "Director") retains the right to reject any project on the basis that approval has not been obtained pursuant to a valid common interest community (CIC), however the Director is required to notify an applicant, when relevant, that a proposed project is located within a CIC; before submitting a matter to the consideration of the City Council, the Director is required to obtain from the board of directors of the relevant CIC a statement of position regarding compliance with CIC requirements of a proposed project; this statement of position shall be included in all applications submitted to the City Council; the City Council retains the right to reject any project on the basis of the position statement of the CIC; private restrictions shall not be enforced by the City. (Ord. 545, 9-25-2018, eff. 10-16-2018)

   A.   Previously Existing Regulations: Those regulations in effect immediately previous to the effective date of this UDO shall be referred to in this section as the "previously existing regulations". The UDO shall be referred to either as "these regulations" or the UDO.

   B.   Administrative Permits: Administrative permits issued prior to the effective date of these regulations shall be valid until their expiration under the previously existing regulations. Applications for administrative permits submitted after the effective date of these regulations shall be reviewed and evaluated pursuant to the requirements of this UDO.

   C.   Subdivision: Complete applications for tentative map(s) submitted prior to the effective date of these regulations shall be processed under the previously existing regulations. All applications for subdivision approvals submitted after the effective date of these regulations shall be reviewed pursuant to this UDO. Subdivision development applications, approved under the previously existing regulations, that are allowed to lapse or expire will be subject to reapplication under these regulations.

   D.   Zoning:

      1.   Uses: Existing uses may continue either in compliance with these regulations or as legal nonconforming uses subject to the requirements of chapter 11 of this title.

      2.   Lots: Existing lots that do not comply with the requirements of these regulations will be allowed to be developed in compliance with chapter 11 of this title.

      3.   Rezoning Applications: Rezoning applications that have been filed prior to the adoption of these regulations and which are complete shall be processed pursuant to the previously existing regulations. If the application is denied or fails for any reason, new application must be made in compliance with these regulations.

   E.   Conditional Use Permits: The city shall monitor all outstanding conditional use permits issued under the previously existing regulations and prior to expiration of the existing conditional use permit, the permit holder may, if required under these regulations, apply for a conditional use permit as set forth in section 9-5-3 of this title. (Ord. 172, 9-24-1996, eff. 10-31-1996)

If any section, subsection, paragraph, clause or phrase of these regulations should be declared invalid for any reason, such decision shall not affect the remaining portions of these regulations which shall remain in full force and effect, and for this purpose, the provisions of these regulations are declared to be severable. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   According To Provisions: No person may use, occupy or sell any land or buildings or authorize or permit the use, occupancy or sale of land or buildings under his/her control except in accordance with all of the applicable provisions of these regulations.

   B.   Use, Occupancy Defined: For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on or in that building or land. (Ord. 172, 9-24-1996, eff. 10-31-1996)

   A.   Authority: Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional use permits, subdivision plat approval, zoning amendments, variances and other applications. The amount of the administrative fees charged shall be as established by resolution of the city council filed in the office of the city clerk.

   B.   Payment: Fees established in accordance with subsection A of this section shall be paid upon submission of a signed application or notice of appeal. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 272, 7-29-2002)

   A.   Building Official: It shall be the duty of the building official to enforce the provisions of these regulations pertaining to the use of land, erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

   B.   License Enforcement: It shall be the duty of the city clerk and all officials charged with the issuance of licenses to enforce the provisions of these regulations pertaining to the use of land or buildings for which any such license is required by any other ordinance of the city.

   C.   Health Department: It shall be the duty of the health department of Clark County to enforce the provisions of these regulations pertaining to the maintenance and use of property, structures and buildings so far as matters of health are concerned.

   D.   Chief Of Police: It shall be the duty of the chief of police and all officers of the city otherwise charged with the enforcement of the law to enforce these regulations and all the provisions of the same.

   E.   City Attorney: It shall be the duty of the city attorney to prosecute any criminal or civil action necessary to enforce the provisions of these regulations under such statutes and ordinances as are applicable.

   F.   Zoning Inspector: It shall be the duty of the zoning inspector, concurrent with the authority of the building official, to enforce the provisions of these regulations pertaining to the use of land, location, use or addition to any building or structure.

   G.   Penalties For Violation: Any person, whether as principal, agent, employee or otherwise, violating any provisions of this title is guilty of a misdemeanor and, upon conviction thereof, is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the city jail for a term not exceeding six (6) months or by both such fine and imprisonment. Such person is guilty of a separate offense for each and every day during any portion of which any violation of these regulations is committed, continued or permitted by such person and is punishable as herein provided.

   H.   Abatement Proceedings: Any building or structure set up, erected, built, moved or maintained and/or any use of property contrary to the provisions of these regulations and/or any conditions attached to the granting of any conditional use permit or variance permit pursuant thereto is unlawful and a public nuisance and the city attorney shall, upon order of the city council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps to grant such relief as will abate and remove such building, structure or use and restrain and enjoin any person from setting up, erecting, building, moving or maintaining any such building or structure or using any property contrary to the provisions of these regulations.

   I.   Cumulative Remedies: All remedies provided herein shall be cumulative and not exclusive.

   J.   Penalty: All violations of prior land use regulations that have occurred in the city as of the effective date of these regulations shall continue to be violations and shall not be considered to be legal nonconforming situations under this section. The city shall have the same authority to secure civil remedies for violations of such regulations to the same extent that it may secure civil remedies for violations of the UDO. (Ord. 172, 9-24-1996, eff. 10-31-1996)

A copy of these regulations shall be filed with the office of the city clerk, and notice of such filing shall be published immediately following adoption of these regulations by the city council. (Ord. 172, 9-24-1996, eff. 10-31-1996)

Copies of these regulations may be sold by the zoning department or the building department at the uniform charge of thirty five dollars ($35.00) per copy. (Ord. 172, 9-24-1996, eff. 10-31-1996)

Unless otherwise specifically provided, the time within which an act is to be completed is based upon calendar days. All acts must be completed within the time frame specified, subject to extension periods provided herein. (Ord. 172, 9-24-1996, eff. 10-31-1996)