Mesquite City Zoning Code
CHAPTER 8
SUPPLEMENTARY USE AND DEVELOPMENT STANDARDS
9-8-1: RESERVED:
Reserved by Ord. B24-004, 9-24-2024.
9-8-2: RESERVED:
Reserved by Ord. B24-004, 9-24-2024.
9-8-3: CONDITIONAL USE REGULATIONS:
A. Airports, Airfields and Heliports: Aviation fields and airports may be permitted subject to the issuance of a conditional use permit; and provided, that the following conditions are satisfied:
1. Plans Required: Plans of any aviation field or airport shall include all approach and departure paths as necessary to assure safe and adequate landing and takeoff area, and shall be supplemented by an aeronautical study by the local airport district office of the federal aviation agency (FAA);
2. Safety Provisions: Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and takeoff areas by the general public; and
3. Surfacing: Landing and takeoff areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.
B. Animal Exhibits and Zoos: Animal exhibits and zoos may be permitted subject to issuance of a conditional use permit; and provided, that the following conditions are satisfied:
1. Information Required: The application for a conditional use permit must contain or be accompanied by the following information:
a. Copies of all federal and state permits that are required by law;
b. A copy of the bill of sale or receipt for the purchase of each animal;
c. A complete and detailed description and diagram of the confinement space proposed for each animal;
d. A list of the animal species to be displayed at the facility;
e. Written proof that a veterinarian licensed as such by the state has committed to the owner to provide care to the animal and to advise the owner regarding its care;
f. Proof of insurance, together with an underwriting memorandum stating knowledge of the exposure that will protect the public against bodily injury or death caused by the animal, providing for limits of one million dollars ($1,000,000.00) per person, per occurrence and for notice to the zoning official within thirty (30) days of its cancellation or renewal; and g. In addition to other standards for the grant or denial of a conditional use permit, a permit may be denied for failure to satisfy any submittal requirement and for failure to provide a safe and sanitary confinement space for each animal.
2. Parcel Size: The animal exhibit or zoo shall be located on a parcel of land not less than two (2) acres in size;
3. Location to Residential District: The animal exhibit or zoo shall not be located within five hundred feet (500') of any residential zoning district or any existing dwelling;
4. Screening and Landscape Buffering: The following screening and landscape buffering shall be provided between any animal cages or other structures and any adjacent residential district or dwelling:
a. A landscaped opaque wall or fence at least six feet (6') in height; and
b. A natural, wooded or planted buffer yard of at least ten feet (10') in width for each twenty five (25) animals of greater than forty (40) pounds in body weight. For purposes of this subsection, the buffer yard shall include at least four (4) trees and sixteen (16) shrubs for every one thousand (1,000) square feet of required landscape area.
5. Lighting: Outside lighting shall be shielded so that the light source is not directly visible to adjacent residential property;
6. Behavior of Animals: The behavior of the type and/or number of animals owned or maintained by the applicant shall not infringe on the enjoyment of any existing adjacent residential use in terms of noise, odor, safety or aesthetics;
7. Registration: The applicant shall register exotic or wild animal(s) as required by state law;
8. Revocation for Nuisance: Permission for this use may be revoked by the city council if any animal becomes a nuisance or a danger to any person, or if any condition of approval of the permit is violated, or if any other law or lawful rule is violated, or if the health, safety and welfare of the public are threatened.
C. Bed And Breakfast Inns:
1. Standards: In all districts in which bed and breakfast inns (B&B) are permitted, the following standards shall apply:
a. All applicable local, state and federal requirements must be satisfied;
b. Cooking facilities shall not be permitted in individual guestrooms;
c. In addition to required residential parking, one off street parking space shall be provided for each guestroom.
2. Common Dining Areas; Leasing Allowed: In A and RE-1 through RE-3 zoning districts, common dining areas may be leased for social events; provided, that off street parking is provided, for a meeting/reception area, pursuant to section 9-8-5 of this chapter.
3. Common Dining Areas; Leasing Not Allowed: In all other residential zoning districts, common dining areas shall not be leased for social events.
D. Check Cashing and/or Deferred Deposit Services; Generally:
1. No check cashing and/or deferred deposit service may be located closer than one thousand feet (1,000') from any other check cashing and/or deferred deposit service, or school site as measured by the shortest line between the occupied spaces of the existing or proposed check cashing and/or deferred deposit services facilities.
2. No check cashing and/or deferred deposit service may be located closer than five hundred feet (500') from any parcel with a residential land use category as designated by the City of Mesquite Master Plan. This five hundred foot (500') separation requirement is measured by the shortest line between the space to be occupied by the proposed check cashing and/or deferred deposit services facility and the property line of the nearest parcel with a residential land use category as designated in the City of Mesquite Master Plan. For the purposes of this section, if a check cashing and/or deferred deposit service is located at a counter or space within another business (i.e., convenience store, grocery store, executive offices, etc.), the term "facility" shall mean the entire space of the businesses combined.
3. The foregoing distance requirements may be waived through the use permit only if it can be shown by clear and convincing evidence by the applicant that a waiver of such distance requirements will not compromise the aforestated purpose and the general intent of this Code to protect the public health, safety, and general welfare of the citizens of the City of Mesquite.
E. Childcare Facilities; Generally:
1. Applicant for a permit to establish a childcare facility must provide sufficient proof that the proposed use will comply with all state and local regulations.
2. A childcare facility shall be located on a site that will accommodate and provide space for an off street passenger loading zone to provide for the safe delivery and pick up of passengers, in addition to applicable parking requirements.
3. The outdoor play areas of a childcare facility shall be enclosed with a fence, which shall be built and maintained to a minimum of four feet (4') in height. No play areas shall be permitted in the required front yard.
F. Cocktail Lounges, Bars, Taverns and Nightclubs: These uses shall be located on a roadway designated as a collector or minor arterial, shall not be located adjacent to or abutting residential districts, shall obtain all required state and local licenses, and shall comply with all conditions of said licenses.
G. Compost Facilities:
1. Purpose: The purpose of these conditions is to protect the state's environmental resources by regulating the siting and operation of a composting facility, while encouraging resource recovery and recycling. This subsection does not apply to yard waste composted on the parcel on which the yard waste was generated.
2. Permits: Prior to commencing site preparation for this composting facility, all necessary permits must be obtained from the zoning official and all applicable local, state and federal governmental agencies and authorities, and thereafter, before any alteration in site preparation, construction or operation is done, any such alteration must be approved by the Clark County health department and sanitation director and all necessary permits obtained from the various governmental authorities.
3. Preparation: No wastes permitted to be composted shall be accepted at the site until after the site has been fully prepared, inspected by the Clark County health department and sanitation director, and the site made fully operational for composting.
4. Acceptance: Yard wastes, municipal solid wastes, sewage sludge, agricultural wastes and other materials, as defined and permitted pursuant to state and federal regulations, may be accepted at the composting facility. No clean fill, solid waste, treated or untreated biohazardous waste, or any waste of any nature other than permitted compost waste shall be accepted at the composting site or utilized in the composting process.
5. Discharges: There shall be no discharge of air pollutants which causes objectionable odors to surrounding property owners.
6. Fill Material Use Prohibited: No compost shall be used as fill material in any natural or artificial body of water, open sinkhole, or dewatered pit.
7. Sufficient Support for Operation: The composting facility and site shall have sufficient support for the composting operation.
8. Plans Required: Information to be filed with the zoning official upon application for the required conditional use permit shall include compost facility design, operation and closure plans, and such plans shall include:
a. Maps and available aerial photographs showing significant features of the proposed site area;
b. Site plans which show dimensions and details of proposed structures and areas involved in receiving, processing, producing, curing, storage and fencing of materials taken onto and removed from the proposed facility;
c. Topographic maps which indicate original and proposed land contours, placements of roads, structures and drainage control measures;
d. A report which addresses:
(1) Facility capacity;
(2) Available detail concerning materials to be received;
(3) Anticipated source of materials to be received; and
(4) Additives to be used in the composting process and discussion of the potential environmental impacts of additives.
e. Storm water management plans and designs are in accordance with the hydrologic criteria and drainage design manual of the CCRFCD, for preventing runoff from entering or leaving the process areas of the facility and for managing storm water which comes into contact with the composted material;
f. Liner installation plan which addresses:
(1) Areas and operations where liners will be installed;
(2) Materials and construction specifications; and
(3) Testing procedures.
g. A ground water monitoring system which features, at minimum, one up gradient and two (2) down gradient wells;
h. Measures taken to ensure clean and orderly operations, including:
(1) Barriers to prevent unauthorized entry or egress;
(2) An all weather access road;
(3) Signs indicating operational hour and emergency information;
(4) Dust control methods;
(5) Control of operation related litter;
(6) Fire protection; and
(7) Odor control measures.
i. An operations plan which provides written instruction for the daily operation and maintenance of the facility and which specifically addresses:
(1) Designation of persons responsible for site operation and maintenance;
(2) Equipment;
(3) Controlling the entry point to ensure that only appropriate wastes are introduced into the facility;
(4) Methods for quantifying incoming wastes;
(5) Vehicle traffic control and loading;
(6) Method and sequence for processing wastes;
(7) Operation of leachate and stormwater control systems;
(8) Interaction with backup receiving or disposal areas; and
(9) Contingency plans for such occurrences as natural disasters, equipment failures or receipt of inappropriate materials.
j. A site closure plan which addresses:
(1) Estimated useful life of the facility;
(2) Closure plans, which may be in narrative form and/or sketch form, subject to all applicable agency reviews at time of closure; and
(3) Assurance of financial capability to complete closure plans.
9. Maintenance of Design Features: The design features, as approved by the Clark County health department and sanitation director, of the composting facility shall be properly maintained.
10. Staff and Equipment: The composting facility shall be properly staffed and equipped to ensure that:
a. An attendant is on site during those hours when permitted wastes are to be received;
b. Communications systems are in operation in all facilities for use in the event of an emergency.
11. Mixing of Waste: Incoming permitted wastes shall not be mixed with finished compost which is ready to be used or sold. Prevention of the reintroduction of weed seed, pathogens and waste to finished compost shall be handled in the following manner:
a. At least half the finished compost will be used or sold for use each year;
b. The amount of compost stored at the facility shall not exceed the design capacity;
c. All yard waste received at the facility shall be confined to a delivery storage area, where it shall be monitored before further processing:
(1) Yard wastes which will be composted must be removed from the facility at least monthly; and
(2) Yard wastes and nonyard wastes which are not to be composted must be removed to a licensed landfill within seventy two (72) hours.
d. The temperature of composting material shall be monitored on a daily basis at a depth approved by the Clark County health department and sanitation director;
e. When the facility is closed, all residuals, wastes and recyclable materials shall be removed from the site and recycled or disposed of in a proper manner.
12. Wells: Two (2) down gradient wells and one up gradient monitoring well shall be installed at the facility at sites approved by the Clark County health department and sanitation director. Surface elevations and depth to ground water will be used to determine "up gradient" and "down gradient" elevations.
13. Ground Water Samples Conducted: Prior to site preparation, initial ground water sampling shall be conducted to establish baseline standards as is provided in these conditions. Thereafter, periodic sampling shall be conducted on a not less than quarterly basis during all phases of site preparation, construction, operation and closing of the composting facility. Ground water sample results shall be compared to state and federal drinking water standards.
14. Sample Results And Log Sheets: Sample results and log sheets showing all monitoring of the ground water and composting process performed, the quantity and volume of waste received, the quantity and volume of compose produced, and the quantity, volume and ultimate disposition of material screened from the landfill shall be maintained, and quarterly reports including all of this information shall be delivered to the Clark County health department and sanitation director.
15. Analyzed: Ground water samples will be analyzed for the materials identified by the zoning official.
16. Less Than State Standard: If the initial baseline water samples show the water quality for a particular parameter is at or less than the appropriate state standard, then the appropriate state standard shall apply that parameter to ground water samples subsequently taken from the facility with adjustment by statistical methods as approved by the Clark County health department and sanitation director. Such standards shall not be exceeded in the ground water samples periodically taken from the facility.
17. State and EPA Standards: If the initial baseline samples have levels greater than the appropriate state standards and less than the U.S. EPA standards, then the U.S. EPA standards shall apply for that parameter with adjustment by statistical methods as approved by the Clark County health department and sanitation director. Such standards shall not be exceeded in the ground water samples periodically taken from the facility. If initial baseline samples have levels of a particular parameter greater than both the appropriate state standards and the U.S. EPA standards, then no statistically significant contamination of the aquifer shall be permitted. Statistical methods for examining sample variation will be allowed upon approval of the Clark County health department and sanitation director.
18. Deterioration of Quality: In addition to the requirements of this subsection, there shall be no deterioration of ground water quality between the upstream monitoring well and the downstream monitoring wells. Downstream analytical results will be compared with upstream background levels. If these downstream results for any parameter exceed the upstream results, this will immediately be reported to the Clark County health department and sanitation director. In addition, the laboratory analytical data will be reviewed for analytical problems such as contamination in the method blank or contaminant carryover between samples.
19. Additional Sampling: The sanitation director may request additional sampling be performed to determine statistical significance of the data if periodic samples exceed appropriate standards in a manner that cannot be explained after examining the analytical factors.
20. Close of Facility: Notwithstanding any other available testing or additional sampling of the ground water, any measurement in excess of the standards set out above shall be grounds to close the facility and revoke this special use permit.
21. Cost Responsibility: The operator/applicant is responsible for all costs associated with the monitoring wells, sampling, testing and interpretation of test results and reports to the sanitation director. An independent testing laboratory approved by the sanitation director with expertise in the field of water quality and groundwater standards shall be hired and paid for by the operator/applicant and laboratory reports shall come directly to the sanitation director with copies to operator/applicant.
22. Sedimentation and Runoff Ponds: Sedimentation and runoff ponds and berms described in the site evaluation and operations plan submitted as part of the application for this conditional use permit and/or required building permit shall be designed and constructed under the supervision of a registered professional engineer.
23. Compliance With Laws: The composting operation shall be conducted at all times in compliance with all federal, state and local laws and regulations including, but not limited to, those related to pollution of air and water.
H. Firing Ranges and Gun Clubs:
1. Indoor; Location: All indoor firing ranges and gun clubs shall be located at least two hundred feet (200') from any residential district or dwelling, and within a completely enclosed structure, designed to significantly prevent the escape of sound from the property.
2. Outdoor; Location: All outdoor firing ranges shall be located at least one thousand feet (1,000') from any residential district or dwelling, and on a site of at least ten (10) acres.
3. Fencing: A solid fence, wall, berm or shield shall be provided behind all shooting areas, and be reviewed by the police department.
4. Projectile Prevention: Facilities shall be designed to prevent projectiles from escaping the property.
5. Police Department Review: The location and type of facility shall be reviewed by the police department.
6. Access; Off Street Parking: Access and off street parking shall be provided subject to the requirements of section 9-8-5 of this chapter.
7. Buffer: An appropriate buffer yard shall be provided along all abutting property lines of outdoor facilities, pursuant to this chapter.
8. Hours of Operation: Hours of operation for outdoor facilities shall be limited to nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M.
I. Flea Markets and Swap Meets:
1. Location: Flea markets and swap meets shall be located on a roadway designated as a collector or arterial street.
2. Access; Off Street Parking: Access and off street parking shall be provided subject to the requirements of section 9-8-6 of this chapter.
3. Buffer: An appropriate buffer yard shall be provided along all abutting property lines, pursuant to this chapter.
4. Conducted on Private Property: The event shall be conducted entirely on private property, with the consent and approval of the property owner.
5. Structures: Any structure used in conjunction with the event shall meet all applicable zoning, health, safety and building code requirements. Any temporary structure used shall be promptly removed upon the cessation of the event.
6. Banners; Signs: No more than one banner shall be displayed, and which shall be displayed for a maximum of fifteen (15) days. All other signage requirements are subject to chapter 10 of this title.
7. Compliance with Regulations: The flea market or swap meet shall be conducted at all times in compliance with all applicable federal, state and local laws, regulations, permits and licenses.
J. Community Residences (Family and Transitional):
1. Generally:
a. Community residences - family for people with disabilities provided:
(1) They are located more than six hundred sixty (660) linear feet from the closest existing community residence as measured from front door to front door; and
(2) The operator or applicant is licensed or certified by the state of Nevada to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by congress to operate the proposed type of community residence.
A community residence - family for people with disabilities proposed to be located within six hundred sixty (660) linear feet of the closest existing community residence as measured from front door to front door shall require a conditional use permit. A community residence - family for people with disabilities for which a license or certification by the state of Nevada is not required, for which certification from an appropriate national accrediting agency is not required, or which has not been recognized nor sanctioned by congress shall require a conditional use permit.
b. Community residences - transitional for people with disabilities provided:
(1) They are located more than six hundred sixty (660) linear feet from the closest existing community residence as measured from front door to front door; and
(2) The operator or applicant is licensed or certified by the state of Nevada to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by congress to operate the proposed type of community residence.
A community residence - transitional for people with disabilities proposed to be located within six hundred sixty (660) linear feet of the closest existing community residence as measured from front door to front door shall require a conditional use permit. A community residence - transitional for people with disabilities for which a license or certification by the state of Nevada is not required, for which certification from an appropriate national accrediting agency is not required, or which has not been recognized nor sanctioned by congress shall require a conditional use permit.
c. Access and off street parking for community residences - family and transitional shall be provided subject to the requirements of section 9-8-5 of this chapter.
d. Landscaping, screening and buffer yards for community residences - family and transitional shall be provided subject to the requirements of section 9-8-4 of this chapter.
2. Nursing Homes and Convalescent Hospitals:
a. These uses shall be located on a city roadway designated as an arterial or collector.
b. Building coverage shall not exceed forty percent (40%) of the lot or parcel.
c. Seventy (70) square feet of open space, which may be utilized for recreational use or landscaping/screening, shall be provided for each bed.
d. For the purposes of determining buffer yard requirements of this chapter, these uses shall be considered commercial uses.
K. Hazardous Waste Facility:
1. Generally: A hazardous waste facility may be authorized within an IR-2 district, pursuant to a conditional use permit and subject to the conditions of this subsection and any additional conditions established pursuant to the conditional use permit.
2. Location:
a. No part of the active portion and closed portion of a hazardous waste facility shall be within one air mile of any occupied dwelling place or house, any school or educational institution, any hospital or sanatorium, or in any area that poses a substantial or imminent danger to human life or health.
b. No hazardous waste facility shall be located within:
(1) A wetland;
(2) A one hundred (100)-year floodplain.
c. A six hundred foot (600') buffer zone shall be established between the perimeter of the active portion and closed portion of the hazardous waste facility and all boundary lines of the facility. Within said buffer zone, trees, shrubs and suitable vegetation shall be planted and landscaping provided to fully obscure, to the extent feasible, any view of the facility from public roadways and adjacent public or private properties at all times of the year, as to maintain, preserve and enhance the environmental integrity of the surrounding area.
d. A minimum separation of five hundred feet (500') shall be maintained between any part of the active portion of the hazardous waste facility and any existing pipeline, underground utility, or underground electrical transmission line right of way or easement.
3. Facility Access:
a. A permanent sign shall be posted at each facility entrance identifying the official name of the facility.
b. Access to the proposed hazardous waste facility shall be limited to normal operating hours. Attendants or operating personnel shall be present at the facility during normal operating hours.
c. Access to the proposed hazardous waste facility by unauthorized vehicles or persons outside of normal operating hours shall be prohibited. Entrance gates and fencing shall be erected to prevent access to the facility during hours when the facility is not open to the public. Gates shall be kept locked, except during those times when an attendant or equipment operator is on duty. Upon request, operators shall provide access keys to entrance gates for emergency personnel. The hazardous waste facility shall be completely enclosed by chainlink fencing, or such other durable fencing as may be approved by the city council, which fencing shall be not less than ten feet (10') in height. All fencing shall be set back at least twenty five feet (25') from the property line.
d. All access roads from the entrance and exit of the proposed hazardous waste facility to any public thoroughfare shall be paved with asphalt or concrete, curbed, and provided with a base capable of withstanding anticipated load limits, and shall be constructed and maintained in such a manner so as to minimize tracking or carrying of mud, dirt or debris onto any dedicated thoroughfare by any vehicles using the proposed hazardous waste facility. A road maintenance bond in an amount sufficient to ensure road maintenance may be required as a condition of permit approval.
4. Operations Plan: A conceptual report describing the proposed hazardous waste facility shall be prepared and submitted by a professional engineer licensed in the state. Required information shall include the following:
a. A description of the planned method of operation of the proposed facility;
b. A description of the technology underlying the proposed operational methodology;
c. A description of all equipment which will be used to manage hazardous waste at the proposed facility;
d. The expected or projected life of the proposed hazardous waste facility, including a statement of any assumptions used in determining such projections;
e. A traffic analysis estimating vehicle trips, by type of vehicle, to be generated by the proposed facility, including average daily trips, A.M. peak hour trips, and P.M. peak hour trips;
f. A site plan shall be drawn to scale of not to exceed two hundred feet to the inch (1" = 200') and shall include and depict, at a minimum, the following information:
(1) Name and address of record of landowner and architect/engineer/surveyor;
(2) Date, north arrow and scale;
(3) Location of existing and proposed rights of way, easements and infrastructure (streets, sewers, water lines, etc.);
(4) Size, use and location of existing and proposed structures and drives on the subject property;
(5) Location of floodplain areas subject to flooding and centerlines of drainage courses;
(6) Location of proposed drives and parking area, including location, number and dimensions of parking spaces;
(7) Property lines;
(8) Location of existing and proposed landscaping and screening.
g. A map to a scale of not to exceed two thousand feet to the inch (1" = 2,000') with ten foot (10') contour intervals shall be provided and shall include and depict, at a minimum, the following information as it pertains to the area within one air mile of the proposed facility boundaries:
(1) Original contours;
(2) Original surface water drainage patterns;
(3) Location of disposal facility and facility boundary lines;
(4) Actual and proposed access roads;
(5) Major sinkholes within the map area; and
(6) Occupied permanent residential dwelling houses or units within one air mile of the facility boundary lines.
5. Federal and State Compliance: A proposed hazardous waste facility shall comply with all applicable federal and state regulations and copies of all federal and state permits issued to the facility shall be submitted to the department of building and zoning.
L. Pawnshop; Generally:
1. No pawnshop may be located closer than one thousand feet (1,000') from any other pawnshop, as measured by the shortest line between the occupied spaces of the existing or proposed pawnshop.
2. No pawnshop may be located closer than two hundred feet (200') from any parcel with a residential land use category as designated by the comprehensive master plan. This two hundred foot (200') separation requirement is measured by the shortest line between the space to be occupied by the proposed pawnshop and the property line of the nearest parcel with a residential land use category as designated by the comprehensive master plan.
3. The foregoing distance requirements may be waived through the conditional use permit only if it can be shown by clear and convincing evidence by the applicant that a waiver of such distance requirements will not compromise the general intent of this Code to protect the public health, safety, and general welfare of the citizens of the City.
M. Quarries, Mines, Sand and Gravel Pits: Quarries, mines, and sand and gravel pits may be authorized as a conditional use under the following conditions:
1. Ownership: Surface and subsurface rights are in single ownership or under unified control or surface rights are dedicated to public use and subsurface rights alone are retained for mining and subsequent use;
2. Activities: No activities shall be conducted upon the surface of such mine or mined out area other than those specifically permitted;
3. Exhaust Air Vents, Shafts: Exhaust air vents, air shafts or other surface features necessary and incidental to the underground operation shall be enclosed on four (4) sides to a height of at least eight feet (8'). No noxious gas or fumes shall emanate from any exhaust air vent on the surface of such mine or mined out area. Such facilities shall observe the height and yard requirements of respective zoning district regulations;
4. Plan of Operation: A plan of operation indicating the extent of the area proposed to be mined accompanied by profiles describing any proposed subsequent use of the mined out areas shall be included with the site plan submitted to the zoning official;
5. Blasting; Hours Permitted: Blasting shall be restricted to the hours between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M.;
6. Blasting; Boundary Line: There shall be no blasting within five hundred feet (500') of the boundary line;
7. Entranceway: There shall be not more than one entranceway from a public road to said lot for each six hundred sixty feet (660') of front lot line;
8. Equipment and Machinery Location: All fixed equipment and machinery shall be located at least one hundred feet (100') from any lot line and five hundred feet (500') from any residential zoning district, but in the event the zoning classification of any land within five hundred feet (500') of such equipment or machinery shall be changed to residential use subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than one hundred feet (100') from any lot line;
9. Blasting; Vibration: Blasting shall be conducted so that vibration does not exceed one-fourth inch (0.25) per second as measured by seismographic tests at adjacent, abutting and opposite property boundary lines; seismographic tests shall be conducted by and bear the seal of a registered professional engineer or a certified professional geologist;
10. Seismograph Reports: Seismograph reports of monthly tests shall be submitted to the zoning official monthly; daily blasting schedule and seismograph reports shall be available for inspection by the zoning official; additional seismograph tests and reports may be required upon written complaint by an affected property owner and such tests and reports shall bear the seal of a registered professional engineer or a certified professional geologist;
11. Blasting; Atmospheric Conditions: No blasting shall be conducted when the atmospheric conditions are such that sound or shock waves are easily conducted or transmitted, such as occur when there is a condition commonly known as a temperature inversion;
12. Surface Preparation: All surface preparation for underground mining shall be completed within twenty-four (24) months of issuance of permit. Extensions may be granted upon specific appeal to the city council;
13. Sedimentation Ponds And Berms: Sedimentation ponds and berms, as described in the site evaluation and operations plan submitted as part of the application for a conditional use permit, shall be designed and constructed under the supervision of a registered professional engineer prior to any site preparation or mining;
14. Ingress and Egress: All points of ingress and egress shall be limited to arterials and collectors and shall be approved prior to construction in accordance with local or state highway department regulations and requirements, as applicable;
15. Annual Status Report: The operator shall be required to file an annual status report with the zoning official concerning all surface and subsurface development and a survey of the extent of subsurface development and a survey of the extent of subsurface mining operations, certified by a registered land surveyor;
16. Air and Water Regulations: The quarrying operation shall be conducted in compliance with all existing federal, state and local laws and regulations, including, but not limited to, those related to the pollution of air and water;
17. Plan Implementation: The operator shall be required to implement and conform to all plans, specifications and provisions filed as a part of the application;
18. Biodegradable Additives: Only biodegradable additives shall be used in the wetting agent which shall be applied at the primary and secondary crushing facilities and transfer points. Stock piles of rock and truck loads shall also receive wetting treatments sufficient to minimize airborne particulates;
19. State and Federal Requirements: The permit is further subject to all state and federal requirements which are made a part hereof as though set out in their entirety;
20. Traffic Impact Analysis: A traffic impact analysis shall be provided to the zoning official or public works director, in accordance with subsection 9-9-6C of this title;
21. Restoration Plan Required:
a. The operator shall file with the zoning official a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land; proposed final topography indicated by contour lines of not greater interval than five feet (5'); steps which shall be taken to conserve topsoil; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses and/or other improvements contemplated;
b. The restoration plans shall be filed with and approved by the zoning official before quarrying or removal operations shall begin. The plans shall be certified by a soil or geology engineer. In restoration, no filing operations shall be permitted which will likely result in contamination of ground or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or subsurface water or into the atmosphere. A drainage plan and study is required;
c. The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form so as to appear reasonably natural or to an approved restoration plan.
N. Recreational Facilities, Amusement Parks, Etc:
1. Defined: Recreational facilities and amusement parks are defined pursuant to chapter 2 of this title.
2. Development; Overnight Parking: No cabin development or overnight parking of trailers or lodgings shall be permitted on the premises.
3. Location: These uses shall be located at least fifty feet (50') from a public right of way and at least two hundred feet (200') from any dwelling.
4. Access; Off Street Parking: Access and off street parking shall be provided subject to the requirements of section 9-8-5 of this chapter.
5. Buffer: An appropriate buffer yard shall be provided along all abutting property lines, pursuant to section 9-8-6 of this chapter.
O. Salvage Yards and Junkyards:
1. Screening: Storage and work areas must be screened by an opaque eight foot (8') tall fence (block wall) from all surrounding uses and all roadways, or be located within a completely enclosed building.
2. Unusable Items; Disposal: Unusable items shall be disposed of and not allowed to collect on the premises.
3. Tires: All tires not mounted on a vehicle shall be neatly stacked or placed in racks.
4. Garbage: No garbage or other putrescent waste likely to attract vermin shall be kept on the premises.
5. Hazardous Materials: Gasoline, oil or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable local, state and federal regulations.
6. Outdoor Storage: All outdoor storage which occupies a volume of more than one hundred fifty (150) cubic feet shall comply with the following:
a. No such storage shall be placed or maintained within a required yard setback;
b. Such stored items shall not project above the screening;
c. All screening shall be installed in a professional and workmanlike manner, and maintained in good condition.
P. Temporary Uses:
1. Construction Buildings: Temporary buildings, structures and building material storage areas may be used for construction purposes on a site in any district which is not yet occupied. Such buildings may be permitted for a specific period of time in accordance with the building permit issued by the zoning official, subject to periodic renewal for cause shown. Temporary buildings and building material storage areas shall be removed prior to the issuance of a certificate of occupancy.
2. Sales/Special Events:
a. No booths, stalls or other display areas shall be placed or maintained within any required setback area.
b. Off street parking shall be provided at the ratio of one and one-half (1-1/2) spaces per booth or stall, and meet other applicable standards of section 9-8-5 of this chapter.
c. Approved sanitary facilities shall be provided on site.
d. All items for sale shall be stored indoors, or within an approved screened storage area, or removed from the site at the close of each business day.
e. Hours of operation shall be limited to eight o'clock (8:00) A.M. to ten o'clock (10:00) P.M.
f. No storage of items other than those available for sale shall be stored on the premises, unless confined within an approved, screened storage area.
Q. Telecommunication Towers and Antennas:
1. Intent; Height References: The regulations and requirements of this subsection are intended to provide for the location and development of commercial broadcast, noncommercial residential and amateur radio service telecommunications towers, antennas and antenna supporting structures. All references to height include antennas, support structures and all appurtenances measured from ground level to the highest point of said structures.
2. Minimum Regulations: In addition to any regulations set forth in federal communications commission (FCC) regulations, federal aviation administration (FAA) regulations, or the statutes of the state, all antennas and antenna supporting structures shall meet the minimum regulations of this subsection.
3. Applications for telecommunications towers, antennas, and equipment to be placed on city-owned property or within a public right-of-way shall be exempt from the Conditional Use Permit requirements and design standards specified in this section. Applicants shall be required to enter into a franchise agreement with the City per MMC 2-15-6. Proposed plans shall be subject to review and permitting by the City's Development Services and Public Works Departments.
4. Commercial Antennas:
a. Antennas shall be set back from property lines a distance equal to or greater than one-half (1/2) the height of the antenna and supporting structure. Height regulations for commercial antennas shall be the same as those for noncommercial antennas provided in subsection P4 of this section.
b. Antennas, guy wires, guying anchors, electrical equipment and energy transfer components shall be installed according to manufacturers specifications using sound engineering and safety practices.
c. An applicant for a building permit for a commercial antenna system shall provide an engineering report specifying the following information:
(1) Detailed structural plans for the antenna and the support system; and
(2) An engineer's certification that anticipated levels of electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the federal communications commission (FCC). An antenna radiation pattern shall be included for each antenna, along with directional data concerning the pointing of any directive antennas.
5. Noncommercial Antennas:
a. All authorized noncommercial antennas and antenna support structures, except those specifically in the amateur radio service, shall comply with applicable FCC and FAA regulations and meet the following standards:
(1) A building permit shall be required for any antenna or antenna supporting structure extending more than thirty five feet (35') above the ground level and any freestanding antenna or antenna supporting structure extending more than twenty-five feet (25') above ground level. The zoning official shall require submission of documentation to verify compliance with any specific applicable building or electrical code(s). When a building permit is denied, the applicant shall be furnished with a statement of the reason(s) for denial;
(2) Antennas and supporting structures shall be installed in a manner that meets or exceeds manufacturers installation instructions;
(3) Antennas and supporting structures shall be installed so as to prevent safety hazards to persons on or off the property under any circumstances which reasonably can be anticipated;
(4) Antennas and supporting structures shall not be erected in required building setback areas unless authorized by a conditional use permit;
(5) Guy wires shall not extend into any required street yard.
b. In A, RE-1, RE-2, and RE-3 zoning districts, up to four (4) exterior antenna structures are authorized as accessory uses, subject to the following additional regulations:
(1) The height shall not exceed thirty five feet (35') unless specifically authorized by a conditional use permit;
(2) Antennas that do not exceed thirty five feet (35') in height shall meet the minimum building setback requirements for the district. Antennas that are greater than thirty five feet (35') in height shall be set back the greater of fifty feet (50') or one-half (1/2) the height of the antenna and support structure;
(3) One TV receive only (TVRO) satellite dish antenna and one direct broadcast system (DBS) satellite antenna are permitted per lot or parcel; provided, that the antennas shall not:
(A) Exceed twelve feet (12') in diameter for TVRO or three feet (3') for DBS;
(B) Exceed fifteen feet (15') aboveground if ground mounted;
(C) Exceed thirty five feet (35') aboveground if roof or pole mounted;
(D) Have any signage legible from any property line.
c. In SF, MR-1, MF-2, MF-3, and MF-4 zoning districts up to two (2) exterior antenna structures may be permitted, subject to the following additional regulations:
(1) The height shall not exceed thirty five feet (35') unless specifically authorized by a conditional use permit;
(2) Antennas that do not exceed thirty five feet (35') in height shall meet the minimum setback requirements for the district. Antennas that are greater than thirty five feet (35') in height shall be set back the greater of twenty feet (20') or one-half (1/2) the height of the antenna and antenna support structure;
(3) One TV receive only (TVRO) satellite dish antenna and one direct broadcast system (DBS) satellite antenna are permitted per lot or parcel; provided, that the antenna shall not:
(A) Exceed twelve feet (12') in diameter for TVRO or three feet (3') for DBS;
(B) Exceed fifteen feet (15') aboveground if ground mounted;
(C) Exceed thirty five feet (35') aboveground if roof or pole mounted;
(D) Have any signage legible from any property line;
(E) Be located in the front yard or required street yard.
d. In CR-1, CR-2, PB and HT zoning districts, antennas and support structures are authorized as accessory uses, subject to the following limitations:
(1) The height shall not exceed fifty feet (50') unless specifically authorized by a conditional use permit;
(2) Antennas that do not exceed forty feet (40') in height shall meet the minimum setback requirements for the districts. Antennas that are greater than forty feet (40') in height shall be set back a distance equal to or greater than one-half (1/2) the height of the antenna or antenna support structure;
(3) One TV receive only (TVRO) satellite dish antenna and one direct broadcast system (DBS) satellite antenna are permitted per lot or parcel; provided, that the antenna shall not:
(A) Exceed twelve feet (12') in diameter for TVRO or three feet (3') for DBS;
(B) Exceed fifteen feet (15') aboveground if ground mounted;
(C) Exceed thirty five feet (35') aboveground if roof or pole mounted;
(D) Be located in the front yard or required street yard.
e. In IR-1 and IR-2 zoning districts, antennas and support structures are authorized as accessory uses, subject to the following limitations:
(1) The height shall not exceed fifty feet (50') unless specifically authorized in a conditional use permit;
(2) Antennas that do not exceed forty feet (40') in height shall meet the minimum setback requirements for the district. Antennas that are greater than forty feet (40') in height shall be set back a distance equal to or greater than one- half (1/2) the height of the antenna or antenna support structure;
(3) Satellite antennas shall not exceed thirty five feet (35') in height if pole or roof mounted unless specifically authorized in a conditional use permit.
6. Amateur Radio Antennas:
a. Due to the nature of the amateur radio service, the antennas and antenna supporting structures are many and varied. This service is strictly noncommercial and nonprofit under FCC regulations as covered by FCC regulations in part 97. When proposed amateur radio service antennas do not comply with the regulations established in this subsection, the antenna shall be subject to the conditional use permit provisions of section 9-5-3 of this title, with conditions being established in accordance with the guidelines set out under FCC part 97.
b. All authorized amateur radio service antennas shall comply with applicable FCC and FAA regulations and meet the following additional standards:
(1) Antennas and supporting structures shall be set back a distance of at least one-half (1/2) the height of the structure. A building permit shall be required for freestanding antenna structures exceeding twenty five feet (25') in height or antenna support structures exceeding thirty five feet (35') which are attached to a building. The zoning official may require submission of documentation to verify compliance with specific building and electrical codes. When a building permit is denied, the applicant shall be furnished with a statement of the reasons for denial;
(2) Antenna support structures shall be installed in a manner that meets or exceeds manufacturers installation standards. Home built antenna support structures shall follow sound engineering practices as referenced in applicable documents, such as those of the American radio relay league or other recognized engineering texts;
(3) Guy wires may not extend into any required street yard;
(4) In the A district:
(A) A conditional use permit shall be required for any amateur radio service antenna or support structure exceeding thirty five feet (35') in height;
(B) Not more than eight (8) exterior antenna support structures shall be permitted on any parcel, except as approved subject to a conditional use permit.
(5) In the RE-1 through RE-3 districts:
(A) No more than four (4) exterior antenna support structures shall be erected except as approved subject to a conditional use permit.
(B) Amateur radio service antennas or supporting structures over thirty five feet (35') may not be erected except as approved subject to a conditional use permit.
(6) In the SF and MF-1 through MF-4 districts:
(A) No more than two (2) exterior antenna supporting structures shall be erected except as approved subject to a conditional use permit.
(B) Amateur radio service antenna and support structures shall be limited to thirty five feet (35') except as approved subject to a conditional use permit.
(7) In the nonresidential districts, amateur radio service antennas and supporting structures shall be treated as any other commercial antenna or supporting structure.
R. Utility Transmission Lines: All transmission lines must be placed underground, except as allowed by the building official. In no case shall an overhead utility line be closer than forty feet (40') above the ground.
S. Utility Structures: Aboveground water storage tanks, sewage pumping stations, telephone relay towers, electric regulating substations and similar utility/communications structures shall comply with the following standards:
1. Location from Residential Structure: Facilities shall be located at least fifty feet (50') from any residential structure;
2. Fencing: The zoning official may require facilities to be secured by a fence;
3. Telephone Exchange Stations: Telephone exchange stations in residential districts shall be limited to unmanned facilities, and shall provide at least two (2) parking spaces for service vehicles.
T. Vacation Home Rental:
1. Standards: In all districts in which vacation home rentals are permitted, the following standards shall apply:
a. The operator must obtain a license from the business licensing division of the development services department to operate the use. The use must be operated by either the property owner or a property manager who holds a license to engage in property management pursuant to Nevada Revised Statutes chapter 645. A separate license must be obtained for each rental property. The license shall be an annual license, renewable annually at the discretion of the business licensing division. In each case, the operator shall pay such fee as the licensing division may establish for the license. A copy of the license, including all conditions established or imposed pursuant to the conditional use permit, shall be posted in a conspicuous place within the rented premises.
b. The use must comply on an ongoing basis with all governmental licensing and regulatory requirements, including the payment of applicable room taxes and licensing fees.
c. The operator must obtain a permit from the southern Nevada health department to operate transient (short term) lodging rentals, if required by the health department.
d. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any vacation rental unit between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M.
e. The owner must by written agreement, limit the number of vehicles of overnight occupants to the number designated in the license; with the number of vehicles of overnight occupants not to exceed the number of designated on site parking spaces. Parking buses on site or on the street is prohibited. Vehicles of guests and invitees shall not obstruct traffic or access to other properties in the area.
f. The operator shall notify the business services division of any change in the operator's telephone number and other contact information. Any change in operator shall require the issuance of a new license.
g. The operator/agent must be available at all times to respond to law enforcement authorities and to concerns from neighborhood residents, and to take remedial action in the event of noncompliance with law or with permit conditions.
h. The owner shall comply with all regulations contained in section 2-13-11, standard license conditions, of this code.
U. Temporary Commercial and Industrial Use of Vacant Buildings and/or Lands: The purpose of this section is to grant to the City Council the discretionary authority to approve uses not specifically allowed in the underlying zone on a temporary and limited basis. Such approvals shall only be granted under the following conditions, in addition to any conditional use requirements imposed pursuant to Section 9-5-3 of the Code:
1. During transitioning periods of a business looking for a permanent location, or emergency situations forcing the relocation of existing businesses.
2. The temporary occupancy of a vacant building may be allowed for the period of one (1) year, which is renewable up to a maximum of three (3) years.
3. The site must be inspected annually to verify that external impacts from noise, odor, visual impacts, traffic, and parking, are minimized to acceptable levels. After three (3) verified violations of this condition, the City Council may consider revoking the permit.
a. Noise: The operations of the business shall not emit noise levels in excess of those set forth in Title 5, Chapter 1, and Section 3 Noise Control Ordinance.
b. Odor: The resident business shall not discharge, cause, allow, or permit any emissions of objectionable odors beyond the property line of the premises.
c. Traffic: Traffic generated to and from the business shall not cause traffic hazards such as unusual traffic movement, traffic jams and congestion. Vehicles loading and unloading at the site shall be minimized, and avoid local business hours, unless a loading/unloading zone, hidden from view, is provided.
d. Parking: Parking shall be limited to designated parking areas only. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 224, 5-11-1999, eff. 6-3-1999; Ord. 443, 1-25-2011, eff. 2-17-2011; Ord. 455, 10-23-2012; Ord. B23-013, - -2023; Ord. B24-004, 9-24-2024)
9-8-4: BUFFERS AND LANDSCAPING:
A. Open Space Landscaping; Statement of Intent: The purpose of these landscaping requirements is to promote the health, safety and welfare of existing and future residents by establishing minimum standards for the protection of natural resources and the installation and continued maintenance of landscaping within the city. The city encourages creative landscape design. These requirements will be applied to all new development, redevelopment or building expansion projects. Minimum landscaping requirements will:
Provide greenery to visually soften paved areas and buildings;
Improve air and water quality;
Maintain permeable land areas essential to surface water management and the conservation of lakes, ponds and lagoon;
Reduce air, noise, heat and chemical pollution through the biological filtering capacities of trees and other vegetation;
Screen certain unsightly equipment or materials from the view of persons on public streets or adjoining properties and buffer uncomplementary land uses;
Promote energy conservation through the creation of shade, reducing buildings' heat gain;
Provide habitat for wildlife;
Encourage the preservation and stabilization of wetland and other natural habitats;
Maintain property values;
Generally enhance the quality and appearance of developed properties within the city.
1. Landscape Plan Required: A landscape plan shall be required whenever landscaping or alteration of existing landscaping is required by this title, "Unified Development", and shall be submitted at the time of site plan approval for multi-family, commercial, industrial or public use developments, or at the time improvement plans are submitted prior to final map approval for subdivisions.
Two (2) sets of drawings shall be submitted to the planning and redevelopment division at the time of site plan review or with improvement drawings for subdivisions prior to final map approval. Such landscape plans shall conform to the requirements specified in this chapter. Landscape plans shall be prepared by a Nevada licensed landscape architect, architect, engineer, or landscape contractor (for own work).
2. Landscape Plan Contents: Landscape plans submitted for approval shall be drawn to a standard engineer's or architect's scale on twenty-four inch by thirty-six inch (24" x 36") sheets, and shall include the following components:
a. Location and dimensions of all existing and proposed structures, property lines, easements, parking lots and drives, roadways and rights of way, sidewalks, ground signs, refuse disposal and recycling areas, fences, walls, parking areas, electrical equipment, recreational areas, and other freestanding structural features;
b. Location, quantity, size, botanical and common names of all proposed plants;
c. Location of existing buildings, structures, and plants on adjacent property within twenty feet (20') of the site;
d. Proposed berming;
e. Elevations and cross sections of all proposed fences and retaining walls;
f. Summary data indicating the total area of property and percentage of the site devoted to landscape area; and
g. The source, supply, and point of connection for irrigation water.
3. Design Standards: Landscape plans shall incorporate the design standards set forth in this section and shall be evaluated and approved based on compliance therewith.
a. Landscape plans shall incorporate water conserving design which includes appropriate soil, soil amendments to absorb and retain water and encourage the formation of deep root systems, mulch, drainage, and microclimates, and includes groupings of plants with similar water requirements on an irrigation line.
b. The scale and nature of landscaping materials shall be appropriate to the size of the structures on the premises and character of the location.
c. Plants shall be selected for form, texture, color, pattern of growth and adaptability to local conditions. Plants shall be of good quality, and capable of withstanding the extremes of individual site microclimates. The mature height and spread of plants shall be taken into account during selection. Tree and plant species provided to meet the landscaping and screening standards of this section shall comply with the city of Mesquite long range master plan.
d. Plants may be selected from the Clark County plant list, or the Southern Nevada water authority's "Water Smart Landscapes Program" plant list. Both lists are available in the Mesquite planning and redevelopment division office, and online at the city's home page at www.mesquitenv.com. See also subsections I and J of this section for a list of prohibited and discouraged plant species.
e. Plants shall be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect.
f. Detention/retention basins and ponds shall be landscaped where possible. Such landscaping may include shade and ornamental trees, evergreens, shrubbery, turf, and ground cover.
g. The selection and orientation of plant material on the south and west sides of buildings is preferred to promote energy conservation and solar gains.
h. Whenever practical, earthen berms and existing topographic features shall be incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate buffering.
i. Landscape design shall recognize the climatic and geologic limitations of the Mesquite city area and the need for water conservation. While irrigation systems are required for certain landscape areas, and may be desirable for other applications, all irrigation systems shall be designed to minimize the use and runoff of water.
(1) All areas to be landscaped with sod, seed, and hydroseed shall have sprinklers and/or an irrigation system. All other landscaped areas shall be provided with drip irrigation systems.
j. Landscape plans shall address all applicable sight visibility concerns, including the location of traffic control signs and devices, sight visibility zones, and adequate spatial considerations for the (future) size and spread of plant materials at maturity.
4. Plant Size: Minimum plant sizes shall be as follows:
a. Tree Sizes: All tree sizes shall fall between the minimum and maximum allowable plant sizes for a twenty-four inch (24") box (#25 container) as specified in the "American Standard for Nursery Stock".
b. Evergreen Trees: All evergreen trees (including palms) shall have a minimum height at time of planting of six feet (6') measured from finished grade to the top of the plant.
c. Shrubs: All shrubs shall have a minimum height or spread of eighteen inches (18") depending on the plant's natural growth habitat. Shrubs planted to satisfy the standards of this section shall have a minimum container size of five (5) gallons.
d. Ground Covers: Ground covers shall have a minimum container size of one gallon.
e. Ground Treatments:
(1) Rock Mulch: Rock mulch shall be installed and maintained at a minimum depth of two inches (2") and a maximum depth of four inches (4") on all planted areas except where ground cover plants are fully established.
(2) Grass Seed and Sod: Turf areas shall be planted with species suitable as permanent lawns in Mesquite. Turf areas may be sodded or seeded. Additional maintenance shall be provided until coverage is complete. Ground covers suitable for the soil and climate conditions of the area may be approved within required landscape areas.
(3) Other: Other ground covers suitable for the soil and climate conditions of the area may be approved with required landscaped areas.
5. Landscape Planting Area: Open space landscaping area shall be provided in accordance with the following schedule of requirements:
Table 9-8:1 | |
Minimum Landscaping Requirement by Zoning District (Percent Of Lot) / Maximum Percentage of Lot Used as Decorative "Hardscape" |
Table 9-8:1 | |
Minimum Landscaping Requirement by Zoning District (Percent Of Lot) / Maximum Percentage of Lot Used as Decorative "Hardscape" | |
Single-family | Not required |
Multi-family | 20/5 |
RV park | 20/5 |
Manufactured home subdivision | Not required |
Commercial | 15/5 |
Professional/business office | 15/5 |
Industrial | 15/5 |
Hotel-tourist | 15/5 |
Resort hotel | 25/10 |
Public facilities | 15/5 |
Mobile home | 20/5 |
6. Hardscape: A certain percentage of required landscaping, as noted in table 9-8:1 of this section may include decorative walkways (not including required sidewalks), play areas, improved pads for barbecues, picnic areas, sports facilities, pools, fountains, courtyards, plazas, or other functional amenities.
7. Location of Open Space Landscaping: Plant units required pursuant to this section shall be installed in required front and street side setback areas to the maximum extent possible.
8. Plant Units: At least one tree and three (3) shrubs shall be provided per each five hundred (500) square feet of required front and side setback.
9. Planned Unit Developments: Planned unit developments are required to submit a landscape plan of their open space with the final map of each subdivision.
10. Residential Front Yard Landscaping:
a. Multi-family, commercial, and industrial parcels must comply with this section, "Buffers and Landscaping", and subsection 9-8-2 A.9., "Unimproved Disturbed Ground", of this chapter. Existing structures built and occupied prior to January 1, 2002, that are without landscaping in the front yard may be granted a twelve (12) month grace period for landscaping installation upon written notice from the planning and redevelopment department.
b. Single-family home front yards must be landscaped, with at least ground cover materials, within sixty (60) days of occupancy. Existing structures built and occupied prior to January 1, 2002, that are without landscaping in the front yard may be granted a twelve (12) month grace period for landscaping installation upon written notice from the planning and redevelopment department.
B. Parking Lot Landscaping:
1. Applicability: The interior parking lot landscaping standards of this section shall apply to all off street parking lots containing five (5) or more off street parking spaces. They shall not apply to vehicle/equipment storage lots or vehicle and equipment sales lots.
2. Terminal Islands: Landscape terminal islands shall be provided at the end of each parking row. Terminal islands shall have a minimum interior dimension of at least five feet (5') in width and fifteen feet (15') in length. At least one tree shall be provided within each terminal island. All tree planting areas shall have a minimum width of seven feet (7').
3. Divider Medians: Divider medians that form a continuous landscaped strip may be installed between abutting rows of parking spaces. The minimum width of divider medians shall be five feet (5') if wheel stops or raised curbs prevent vehicle overhang of the median. If vehicle overhang is allowed, the minimum width shall be eight feet (8'). All tree planting areas shall have a minimum width of seven feet (7').
4. Parking Area Screening:
a. All off street parking areas serving nonresidential uses and containing five (5) or more spaces shall be screened from view of all adjacent residential districts by a solid, decorative concrete, wood, or masonry wall. The fence or wall shall have a minimum height of six feet (6'), except that the height of a wall adjoining required front setback in a residential district shall not exceed thirty inches (30"). Required landscape buffers shall be located on the outside of the fence or wall, but entirely located on the parcel that is being developed, unless an existing wall separates the applicant's property from an adjoining property. In such event, the planning and redevelopment director will determine whether or not the outside buffer is necessary to accomplish the purpose of this section.
b. All carports or open parking areas serving residential uses and containing five (5) or more spaces shall be screened from all adjacent residential districts by a solid, decorative wall or fence with a minimum height of six feet (6'). The height of a wall or fence adjoining a required front setback in a residential district shall not exceed thirty-two inches (32"). The only exception is a chainlink or wrought iron picket fence with a maximum height of four feet (4'), which may be located in a front or corner side setback. Chainlink or wrought iron must not restrict visibility within corner of driveway sight zones. Required landscape buffers shall be located on the outside of the fence or wall, but entirely located on the parcel that is being developed.
5. Driveways: Necessary driveways from the public right of way shall be permitted to run through all required landscaping; however, the required driveway sight zones and corner lot sight zones required in subsections 9-8-2 C.6. of this chapter and 9-9-7D of this title shall be maintained.
6. Plant Units:
a. Each parking space within an off street parking area shall be located within forty feet (40') of a tree (measured from the tree trunk to the outer perimeter of the parking space).
b. All landscape planting areas that are not dedicated to trees or shrubs shall be landscaped with ground cover or other appropriate landscape treatment. No turf shall be allowed within the parking lot landscaped areas.
C. Mechanical Equipment Screening:
1. Applicability: The mechanical equipment screening standards of this section shall apply to all of the following:
a. Electrical and gas powered mechanical equipment;
b. Duct work and major plumbing lines used to heat, cool or ventilate; and
c. Power systems for the building or site upon which the equipment is located.
2. Screening Standards: For all developments other than single-family residential, the following mechanical screening standards shall apply to the maximum practical extent.
If full compliance with these standards cannot be achieved, an alternative screening plan may be approved in accordance with subsection D.3. of this section.
a. Roof Mounted Mechanical Equipment: Roof mounted mechanical equipment shall be screened by a parapet wall or similar structural feature that is an integral part of the building's architectural design. The parapet wall or similar structural feature shall be of a height equal to or greater than the height of the mechanical equipment being screened.
b. Wall Mounted Mechanical Equipment: Wall mounted mechanical equipment that protrudes more than six inches (6") from the outer building wall shall be screened from view by structural features that are compatible with the architecture or the subject building. Wall mounted mechanical equipment that protrudes six inches (6") or less from the outer building wall shall be designed to blend with the color and architectural design of the subject building.
c. Ground Mounted Mechanical Equipment:
(1) Ground mounted mechanical equipment shall be screened from view by a decorative wall, vegetative screen, or other design concept approved by the city as a part of its architectural review, that is compatible with the architecture and landscaping of a development site. The wall shall be of a height equal to or greater than the height of the mechanical equipment being screened.
(2) To prevent damage to power equipment and high power vaults, a five foot (5') buffer of desert landscaping shall surround each vault and equipment pad. Irrigation shall be directed away from such facilities. This requirement shall appear on all new construction drawings on the general notes page.
3. Alternative Screening: Mechanical equipment that is not screened in full compliance with the screening standards of subsection D.2. of this section shall be reviewed in accordance with the architectural review procedures of this section. As part of the architectural review, decision making bodies shall be authorized to approve alternatives to full compliance with the screen standards of subsection D.2. of this section if the decision making body determines that any adverse visual impacts associated with the mechanical equipment have been mitigated to the maximum practical extent. Alternative screening methods may include, but shall not be limited to, increased setbacks, increased landscaping, grouping of equipment on specific portions of the site, painting or otherwise camouflaging the equipment.
D. Dumpster Screening:
1. Design and Other Specifications: Dumpsters or other trash receptacles shall be screened from public view as per section 4-2-2 of this code. Applicants shall be responsible for coordinating with the solid waste disposal provider on matters relating to appearance, quantity, interior dimensions, locations and access.
2. Setbacks: All enclosures shall be located a minimum of five feet (5') from residential zoning districts, and from the property lines of sites containing existing or proposed residential, school, licensed daycare, public and semipublic uses.
3. Screening Material: Deciduous and evergreen shrubs and/or trees shall be utilized around the dumpster to soften its appearance. Nothing, however, shall be done that inhibits or obstructs the collection of solid waste.
E. Loading and Access Areas; Design And Screening: Commercial and industrial buildings with rear or side vehicular access shall maintain adequate room for loading docks, loading spaces, customer pick up areas, trash enclosures (and their setbacks), vaults, transformer pads, other utility service boxes, and all ground mounted mechanical equipment. Beyond the physical boundaries of the docks and other such adjacent circulation impediments, property owners shall provide and maintain a minimum setback of thirty-four feet (34') from all property lines. Within this minimum thirty-four foot (34') setback, the twenty-four feet (24') closest to the building and its adjacent circulation impediments shall remain clear at all times, and the ten feet (10') nearest the property line shall be available for vaults, transformer pads and other aboveground utility service boxes. Areas within ten feet (10') of the property lines that are not used for utility boxes shall be landscaped with minimum six foot (6') high pine trees, planted fifteen feet (15') on center, or a continuous evergreen or deciduous shrub hedge. This shrub hedge shall have an expected mature height of not less than six feet (6') within three (3) years of planting. Alternative plant materials may be approved by the planning and redevelopment director, provided the alternative materials result in equivalent immediate and long term screening.
F. Permits and Enforcement:
1. Permits:
a. No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted, approved or bonded by the planning and redevelopment director. A conceptual or generalized landscape plan shall be shown as part of the site plan. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place, or bonded for, in accordance with the landscape plan.
b. In any case in which a certificate of occupancy is sought at a season of the year in which the planning and redevelopment director determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary certificate of occupancy may be issued. Such temporary permit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the approval of the landscape plan.
c. Bonding shall be required for all landscaping improvements where occupancy permits are requested prior to landscaping installation. Bonds shall be subject to the requirements of section 9-6-6, "Completion of Improvements; Improvement Agreements", of this title. Bonding for landscaping improvements shall be separate from the bond for civil improvements. Terms of the bond agreement shall specify the length of time allowed for the landscaping to be completed.
(1) The landscaping bond shall be computed at one dollar fifty cents ($1.50) per square foot of landscaping, unless the developer submits at least two (2) bids from licensed landscape contractors to be considered.
2. Nonconforming: If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the planning and redevelopment director shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of these regulations.
G. Installation, Maintenance and Irrigation:
1. Installation:
a. General: All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth. Landscaping shall be installed by a Nevada licensed landscape contractor. All landscape material and irrigation improvements shall be in place prior to issuance of the final certificate of occupancy unless an extension is approved by the planning and redevelopment director and a deferred completion agreement is executed.
b. Root Guards: Trees planted within ten feet (10') of public improvements within the public right of way shall be protected by root guards, if determined by the public works director to be necessary.
c. Building Additions and Remodeling: For projects consisting primarily of additions to or remodeling of existing buildings for which landscaping is required, a deferred completion agreement shall be executed by the applicant and the planning and redevelopment director prior to the issuance of the building permit. The agreement shall include a commitment by the applicant to guarantee the installation of the landscape and irrigation improvements within one year or prior to occupancy, whichever occurs first.
2. Maintenance: Trees, shrubs, fences, walls, irrigation improvements and other landscape features depicted on plans approved by the city shall be considered elements of the project in the same manner parking, building materials and other details are elements of the plan. The landowner, or successors in interest, or agent, if any, shall be jointly and severally responsible for the following:
a. Regular maintenance of all landscaping and irrigation improvements in good condition and in a way that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed and in accordance with acceptable horticultural practices;
b. The repair or replacement of required landscape structures (e.g., walls, fences) to a structurally sound condition; and
c. The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section.
3. Irrigation: Landscaping areas shall be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation plans shall be submitted with development plans and shall contain all construction details for an automatic system. A backflow prevention device shall be provided in accordance with the Nevada Revised Statutes.
H. Prohibited Plant Materials:
1. Plants with an allergen potential:
European olive | Olea europaea (wilson/swan varieties acceptable) |
Fruitless mulberry | Morus alba (fruitless) |
2. Very weedy, high water usage:
Athel/salt cedar | Tamarix species |
I. Discouraged Plant Materials:
1. Poisonous species:
Castor bean | Ricinus communis |
Chinaberry | Melia azedarach |
Oleander | Nerium oleander |
2. Plants with maintenance problems:
All willow species | Salix species (brittle wood, borers) |
California laurel | Prunus caroliniana (borers, chlorosis) |
California sycamore | Platanus racemosa (borers) |
Chinaberry | Melia azedarach (brittle branches) |
Deodara cedar | Cedrus deodara (poor growth) |
Evergreen pear | Pyrus kawakamii (borers) |
Fraser's photinia | Photinia X fraseri (chlorosis) |
Leyland cypress | Cupressocyparis leylandii (borers) |
Mimosa (silk tree) | Albizia julibrissin (borers) |
Russian olive | Elaeagnus angustifolia (gradual decline) |
Siberian elm | Ulmus pumila |
3. Plants with demonstrated poor cold hardiness:
African sumac | Rhus lancea |
All eucalyptus | Eucalyptus species |
Blue palo verde | Cercidium floridum |
Bottle tree | Brachychiton populneus |
Carob tree | Ceratonia siliqua |
Creeping acacia | A. redolens |
Desert cassia | C. nemophila |
Feathery cassia | Cassia artemisiodes |
Foothill palo verde | C. microphyllum |
Hopseed bush | Dodonaea viscosa |
Leather leaf acacia | Acacia craspedocarpa |
Lemon bottlebrush | Callistemon citrinus |
Mexican honeysuckle | Justicia spicigera |
Mexican primrose | Oenothera berlandieri |
Mission cactus | Opuntia fiscus indica |
Mojave yucca | Yucca achidigera |
Mulga tree | Acacia anuera |
Peruvian verbina | Verbina peruviana |
Purple trailing lantana | Lantana montevidenis |
Red desert bird of paradise | Caesalpinia pulchermima |
Saguaro | Carnegiea gigantea |
Shoestring acacia | Acacia stenophylla |
Southwestern sweet acacia | Acacia minuta |
Spanish bayonet | Yucca aloifolia |
Weeping bottlebrush | Callistemon veminalis |
Wirewood | Acacia coriaceae |
Yellow trumpet flower | Tecoma stans var. angustata |
(Ord. 339, 6-27-2006, eff. 8-15-2006; amd. Ord. B24-004, 9-24-2024)
9-8-5: OFF STREET PARKING AND LOADING:
A. Guiding Principles:
1. Ensure sufficient off street parking is provided for each land use without providing excessive parking;
2. Ensure sufficient accessible parking is provided for people with disabilities and that proper enforcement is available; and
3. Provide options for meeting parking requirements.
B. Off Street Parking Required: An off street parking space shall be provided and sized nine feet by nineteen feet (9' x 19'), with adequate provisions for an ingress or egress space by standard sized automobiles, as herein described.
1. Application: The provisions of this section shall apply whenever:
a. A new structure is constructed; or
b. An existing structure is enlarged for any purpose, the parking requirements for the entire structure shall apply; or
c. The intensity of use, or expansion of use is changed, the parking requirements for the new use shall apply.
2. Requirements Cumulative: The amount of parking represents the sum of the parking spaces required for each individual use in an area, unless otherwise provided under shared parking.
3. Parking Requirements for Uses Not Specified: Similar uses shall be determined by the zoning official. Certain parking requirements may be determined by a conditional use permit. The parking requirement for uses, which are neither listed nor similar to the uses in the following tables, shall be one and a half (1.5) spaces per one thousand (1,000) gross floor area (GFA) or one and a half (1.5) spaces per two (2) employees, whichever is greater.
C. Parking for Residential Land Uses: Table C-1 of this subsection describes parking requirements for residential land uses.
TABLE C-1 PARKING FOR RESIDENTIAL LAND USES | ||
Residential Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
TABLE C-1 PARKING FOR RESIDENTIAL LAND USES | ||
Residential Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
Single-family detached; single-family attached; duplexes; community residence - family | 2 spaces per unit | Garage spaces are counted toward parking requirement |
Multi-family, apartments, townhomes and condominiums studio unit | 1 space per unit | 0.2 visitor space per unit |
1 bedroom unit | 1.5 spaces per unit | 0.2 visitor space per unit |
2 bedroom unit | 2 spaces per unit | 0.2 visitor space per unit |
3 or more bedroom unit | 2 spaces per unit | 0.2 visitor space per unit |
Garage spaces are counted toward parking requirement. If the space is dedicated to a unit, the 20 foot long garage apron may be counted as a parking space | ||
Manufactured home parks | 1.5 per manufactured home | 0.2 visitor space per unit |
Community residence - transitional | 0.25 space per bed, plus | 1 per employee |
D. Parking for Civic Land Uses: Table D-1 of this subsection describes parking requirements for civic land uses.
TABLE D-1 PARKING FOR CIVIC LAND USES | ||
Civic Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
TABLE D-1 PARKING FOR CIVIC LAND USES | ||
Civic Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
Auditoriums, assembly halls, community center, senior centers, and private clubs | 1 space per 3 seats or 1 space per 125 square feet GFA if no fixed seats | |
Childcare facilities | 1 space per employee plus 1 space per 5 children | 1 off street loading space for every 8 children |
Church, temple, mosque or other religious assembly | 1 space per 3 seats | 1 space per 300 square feet of additional public space; 24 linear inches of bench equals 1 fixed seat |
Convalescent hospitals and nursing homes | 1 space per 4 beds plus 1 space per employee | |
Hospital, including acute and specialty care | 0.5 space per bed plus 1 space per employee | |
Library (public or private), museums | 3 spaces per 1,000 square feet GFA plus 1 space per employee | |
Parks and recreation, active and passive | 1 space per employee | |
Public utility facilities, without business offices, such as electric, gas, water or telephone facilities | 1 space per employee plus 1 space per vehicle used in connection with facility | |
Schools: | ||
Elementary and middle schools | 2 spaces per classroom | |
High schools | 0.3 space per student of driving age plus 1 space per employee | |
Colleges, universities and higher learning institutions | 0.3 space per student of driving age plus 1 space per employee | |
Trade schools, business colleges, and commercial schools | 0.3 space per student of driving age plus 1 space per employee | |
Terminal facilities, including airports, freight stations, bus depots and similar uses | As specified by use permit | |
Notes: GFA refers to gross floor area. Per employee refers to the number of employees during peak employment shift. | ||
E. Parking for Commercial Land Uses: Table E-1 of this subsection describes parking requirements for commercial land uses.
TABLE E-1 PARKING FOR COMMERCIAL LAND USES | ||
Commercial Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
TABLE E-1 PARKING FOR COMMERCIAL LAND USES | ||
Commercial Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
Automotive repair facilities | 1 space per 300 square feet GFA | Not less than 5 spaces per business |
Automotive sales or rental | 1 space per 300 square feet of office area plus 1 space per 1,000 square feet of display area | Includes indoor and outdoor display areas |
Automotive service stations | 1 space per 250 square feet GFA plus 2 spaces per service bay | |
Banks, savings and loans, credit unions, and financial services | 1 space per 250 square feet GFA | |
Banquet facility | 1 space per 3 seats or 1 space per 125 square feet GFA if no fixed seats | |
Barbershops and beauty salons including tanning salons, nail salons and uses of a similar nature | 3 spaces per station | |
Bars, lounge, tavern | 1 space per 90 square feet GFA | |
Call center business or other high employee ratio per square foot businesses | 1 space per 150 square feet GFA | |
Commercial Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
Car wash: | ||
Full service | 1 space per employee per shift | Not less than 10 spaces |
Self-service | 2 spaces per wash bay | Wash bay not counted as parking space |
Casino (unlimited gaming facilities) | 8 spaces per 1,000 square feet GFA plus 1 space per employee | |
Convenience stores, minimarkets | 1 space per 200 square feet GFA plus 1 space per employee | |
Convention and meeting facilities | 1 space per employee plus 0.5 space per seat or 20 spaces per 1,000 square feet of convention hall space | Additional 1 space per seat if not associated with hotel/lodging facility |
Dry cleaners | 1 space per 200 square feet GFA | |
Grocery store, food markets | 1 space per 200 square feet GFA plus 1 space per employee | |
Health club, athletic club, gymnasium | 1 space per 200 square feet GFA plus 1 space per employee | |
Independent testing laboratory | 1 space for each 300 square feet of GFA | |
Launderette | 1 space per 3 machines | A washer/dryer combination is considered 1 machine |
Commercial Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
Lodging: | ||
Bed and breakfast inns, board and rooming houses, fraternities and sororities | 1 space per room plus 1 space per employee | |
Hotels and motels | 1 per room plus 1 per employee | |
Timeshare or condominium hotels: 1 bedroom unit 2 or more bedroom unit | 1.2 spaces per unit 2 spaces per unit | Additional parking required for any commercial uses |
Marijuana cultivation facility | 1 space for each 1,000 square feet of gross floor/yard area for cultivation | |
Marijuana dispensary | 1 space for each 250 square feet of GFA | |
Marijuana production facility | 1 space for each 500 square feet of GFA | |
Massage treatment; medical spa | 1 space per 200 square feet of service area and 1 space per employee | |
Mortuaries and funeral homes | 1 space per 3 seats and 1 space per employee | 24 linear inches of bench equals 1 fixed seat |
Offices: | ||
Medical or dental clinics | 1 space per 200 square feet GFA | |
Professional | 1 space per 300 square feet GFA | |
Recreational facilities: | ||
Bowling alleys | 4 spaces per lane | |
Commercial Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
Golf courses: | ||
Driving ranges | 1 space per tee | |
Miniature golf | 3 spaces per hole | |
Regulation courses | 4 spaces per hole | |
Skating rinks, ice or roller | 1 space per 100 GFA | |
Tennis clubs | 3 spaces per court | |
Restaurants: | ||
Conventional sit down, including any bar portion | 1 space per employee and 1 space per 75 square feet service area | Includes indoor and outdoor seating areas |
Drive-through or fast food | 1 space per employee and 1 space per 100 square feet of service area | Not less than 6 spaces. Includes indoor and outdoor seating areas |
Retail commercial: | ||
General retail uses under 50,000 square feet GFA | 1 space per 200 square feet GFA | |
General retail uses 50,000 square feet GFA or greater | 1 space per 250 square feet GFA | |
Theater, movie | 1 space per 3 seats, plus 1 space per employee | |
Notes: GFA refers to gross floor area. Per employee refers to the number of employees during peak employment shift. | ||
F. Parking for Industrial Land Uses: Table F-1 of this subsection describes parking requirements for industrial land uses.
TABLE F-1 | ||
PARKING FOR INDUSTRIAL LAND USES | ||
Industrial Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
TABLE F-1 | ||
PARKING FOR INDUSTRIAL LAND USES | ||
Industrial Land Use | Minimum Off Street Parking Requirement | Additional Requirements |
General industrial | 1 space per employee | |
Laundry, professional | 2 spaces per 1,000 square feet GFA and 1 space per employee | |
Manufacturing, fabrication, production, restoration | 1 space per employee | 2 spaces per 1,000 square feet of showroom space |
Moving, storage and transportation facilities | 1 space per employee | |
Research laboratories, high technology industries | 1 space per employee | |
Salvage yards | 1 space per employee | |
Warehouses and warehouse complexes | 1 space per employee | |
Wholesaling, storage and distribution: | 1 space per employee | |
Heavy | 1 space per employee | 0.5 space per 1,000 square feet of area open to the public |
Light | 1 space per employee | 0.5 space per 1,000 square feet of area open to the public |
Notes: GFA refers to gross floor area. Per employee refers to the number of employees during peak employment shift. | ||
G. Shared Parking: "Shared parking" is defined as parking that can serve more than one land use, without conflict. The cumulative parking spaces required for land uses in a given area may be less than the sum of each individual use, if the City approves a shared parking plan based on one of the following:
1. The approved parking plan was developed and designed, based on the Urban Land Institute (ULI) "shared parking" methodology for calculating the peak demand over time for parking in a development of mixed uses using the same parking facilities and using locally adapted data, which consider the City's seasonality and demographics.
2. In cases where shared parking is desired but insufficient data is available to use the preceding method, an experimental parking arrangement may be temporarily approved subject to all of the following conditions:
a. Reasonably comparable data from similar joint uses demonstrates to the satisfaction of the City that the joint use proposal is potentially workable;
b. The joint uses are separated in time by a minimum of sixty (60) minutes and/or are for separate days;
c. A fifteen percent (15%) excess capacity is provided to accommodate unforeseen miscalculation of peak use and/or separation of time;
d. The joint time shared use of parking facilities is a binding part of one or more approved plans for the uses requiring the parking;
e. To guarantee a two (2) year proof period, the land for additional parking is reserved or optioned and a bond or acceptable equivalent mechanism (in favor of the City) is posted to cover the costs plus ten percent (10%) for acquiring the land and constructing the credited parking spaces for a period of two (2) years from the commencement of the last joint use at one hundred percent (100%) capacity, or until such time prior to the expiration of the two (2) year period as the City elects to release the guarantee pursuant to the conditions of approval;
f. A program of data gathering to document the actual parking demand claimed during the trial period is implemented to the satisfaction of the City.
H. Parking Space and Lot Regulations:
1. Size; Standards: Each parking space shall be a permanently maintained space of not less than nine feet (9') wide by nineteen feet (19') long, exclusive of driveways and aisles, but a parking space designated for recreational vehicle parking shall be not less than ten feet (10') wide by twenty two feet (22') long. If the space is dedicated to a residential unit, the twenty foot (20') long garage apron may be counted as a parking space. Overhangs of up to one foot (1') into landscaped areas may be counted as part of the required stall length. Tandem parking spaces, which block a vehicle in the space, other than parallel parking spaces along a road or driveway, are discouraged. Please refer to table H-1 and figure H-2 of this subsection.
TABLE H-1 | ||||
Parking Angle (Degrees) | Stall Width Projection (WP) | Module Width1 (MW) | Vehicle Projection (VP) | Aisle Width (AW) |
TABLE H-1 | ||||
Parking Angle (Degrees) | Stall Width Projection (WP) | Module Width1 (MW) | Vehicle Projection (VP) | Aisle Width (AW) |
45 | 12'9" | 49'10" | 17'7" | 14'8" |
50 | 11'9" | 51'7" | 18'2" | 15'3" |
55 | 11'0" | 53'0" | 18'8" | 15'8" |
60 | 10'5" | 54'6" | 19'0" | 16'6" |
65 | 9'11" | 55'9" | 19'2" | 17'5" |
70 | 9'7" | 57'0" | 19'3" | 18'6" |
75 | 9'4" | 58'0" | 19'1" | 19'10" |
90 | 9'0" | 62'0" | 19'0" | 24'0" |
RV | 10'0" | 22'0" | ||
Note: 1. Wall to wall, double loaded aisle. | ||||
2. Surfacing Drive-In Lots: Every parcel of land hereafter used for any public or semipublic automobile parking, truck parking, storage sales service, public garage or any type of drive-in business or similar use where vehicles regularly and customarily require parking space, and ingress and egress thereto shall be paved with a surfacing material of asphalt or concrete composition and shall have appropriate bumper guards where needed as determined by the building official. Parking lots for construction equipment storage may use gravel for surfacing material if city staff deems it necessary or appropriate.
3. Approval and Plans: Such a parking lot shall require detailed plans drawn to scale for driveway openings or curb cuts and shall be submitted for approval with regard to the location and relation of same to the dedicated public streets and highways.
4. Lighting: Any lights used to illuminate the parking lot shall be arranged per the following provisions:
a. Proper illumination shall be provided for safety which, at a minimum, shall be the equivalent of one foot-candle average of illumination throughout the parking area. Lighting plans shall take into account the placement and growth of landscape materials;
b. All lighting shall be designed to confine direct rays to the premises with the use of shielding or shades. No spillover beyond the property line shall be permitted, except onto public thoroughfares provided, however, that such light shall not cause a hazard to motorists;
c. All lighting shall be on a time clock or photo sensor system;
d. Light standard heights shall be as per manufacturer's recommended photometrics, but in no case shall the height exceed twenty five feet (25') (measured from finish grade at the base of the standard). Graduated light standard heights within a site with lower heights in peripheral areas may be required by the planning commission and/or city council to provide compatibility with adjoining properties and streets.
I. Off Street Truck Loading Space: Whenever the city determines that the normal operation of any use or development requires that goods, merchandise or equipment to be routinely delivered to or shipped from that location, sufficient off street loading and unloading area must be provided in accordance with this subsection to accommodate such activities in a safe and efficient manner. For purposes of this section, the term "loading" means both loading and unloading. Such space, unless otherwise adequately provided for, shall include a minimum ten foot by twenty five foot (10' x 25') loading space with a minimum fourteen foot (14') height clearance, for every fifteen thousand (15,000) square feet or fraction thereof in excess of two thousand (2,000) square feet of building floor use for the above mentioned purposes, or for every one hundred twenty five thousand (125,000) square feet or fraction thereof in excess of two thousand (2,000) square feet of land use for the above mentioned purposes. Loading spaces must be designed which will not necessitate delivery vehicles to obstruct a street property line or required parking area during normal business hours. A loading area shall not be located in a required setback.
J. Setbacks: In a commercial or industrial district, required off street parking spaces may occupy any part of the property, except within required landscape areas or sight distance triangles.
K. Prohibited Parking Locations: Except for the time required to conduct deliveries or pick ups, commercial vehicles are prohibited from parking within the city limits:
1. On any street in the city;
2. On a vacant commercial property within one-fourth (1/4) mile of a residential zone;
3. On residential property whether vacant or not.
L. Accessible Parking For Physically Handicapped Persons: A portion of the total number of required off street parking spaces in each off street parking area shall be specifically designated, located and reserved for the use by persons with physical disabilities. Accessible parking is not required for a single-family home.
1. Number of Spaces: The minimum number of accessible spaces to be provided shall be a portion of the total number of off street parking spaces reserved, as determined from table L-1 of this subsection. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off street parking standards. The required accessible parking provided for hospital/medical office land uses that provide outpatient units and facilities should equal ten percent (10%) of the total parking provided. Medical land uses specializing in the treatment of mobility impairments should provide twenty percent (20%) of the total parking provided as accessible parking. The number of accessible parking for physically handicapped persons may be increased at businesses whose clientele may contain a disproportionately larger portion of physically handicapped persons.
TABLE L-1 | |||
ACCESSIBLE PARKING SPACES | |||
Total Parking Spaces Provided | Minimum Number Of Accessible Spaces | Minimum Number Of Van Accessible Spaces | Minimum Number Of Car Accessible Spaces |
TABLE L-1 | |||
ACCESSIBLE PARKING SPACES | |||
Total Parking Spaces Provided | Minimum Number Of Accessible Spaces | Minimum Number Of Van Accessible Spaces | Minimum Number Of Car Accessible Spaces |
1 - 25 | 1 | 1 | 0 |
26 - 50 | 2 | 1 | 1 |
51 - 75 | 3 | 1 | 2 |
76 - 100 | 4 | 1 | 3 |
101 - 150 | 5 | 1 | 4 |
151 - 200 | 6 | 1 | 5 |
201 - 300 | 7 | 1 | 6 |
301 - 400 | 8 | 1 | 7 |
401 - 500 | 9 | 2 | 7 |
501 - 1,000 | 2 percent of total spaces | 1 out of every 8 accessible spaces | 7 out of every 8 accessible spaces |
Over 1,000 | 20 plus 1 per each 100 spaces over 1,000 | 1 out of every 8 accessible spaces | 7 out of every 8 accessible spaces |
2. Minimum Dimensions: All parking spaces reserved for persons with disabilities shall comply with the parking space dimension standards of this section; provided that access aisles shall be provided immediately abutting such spaces as follows:
a. Car Accessible Spaces: Car accessible spaces shall have at least a five foot (5') wide access aisle located abutting the designated parking space.
b. Van Accessible Spaces: Van accessible spaces shall have at least an eight foot (8') wide access aisle located abutting the designated parking space. One van accessible space is required for every eight (8) accessible spaces.
3. Location of Spaces: Required spaces for persons with disabilities shall be located in close proximity to building entrances and shall be designed to permit occupants of vehicles to reach the building entrance on an unobstructed path. A maximum slope of two percent (2%) is required in all directions for both the space and the access aisle since level surfaces are important for wheelchair transfer to and from vehicles.
4. Handicapped Parking Sign Requirements per Figure L-2.
a. Statute Requirements: Each space shall be identified with a sign as required by and conforming to Nevada Revised Statutes 484.408.
b. Location: The bottom of all signs must be no less than sixty inches (60") from ground level and no more than eighty four inches (84") from pavement level.
c. Van Accessible Space: The space designed for a vehicle with a side loading wheelchair lift must be marked with a sign as required by and conforming to Nevada Revised Statutes 484.408. A space is also required on the right side of the van accessible space, which is immediately adjacent and intended for use in the loading and unloading of a wheelchair. The adjacent space must also be marked with a sign as required by and conforming to Nevada Revised Statutes 484.408.
M. Recreational Vehicles and Trailers: Unless otherwise permitted by this code, or during loading, unloading or recreational travel, recreational vehicles and trailers are not permitted to park:
1. On any street in the city.
2. On vacant commercial or residential property.
N. Vehicles for Sale: It is unlawful for any person to display for the purpose of sale or lease any vehicle upon any vacant lot or unimproved portion of public right of way unless the following conditions are met:
1. The property has the proper zoning for the activity and a conditional use permit if selling more than three (3) vehicles on the property at the same time.
2. The person selling the vehicle has received the written consent of the property owner and evidence of the consent:
a. Is posted on the vehicle in an easily seen and read location, preferably on the inside of the windshield facing out.
b. Is signed by the property owner.
c. Contains the name and address of the property owner.
d. Contains the name and address of the vehicle owner.
e. States the period of time the display is authorized. (Ord. 376, 6-12-2007, eff. 7-5-2007; amd. Ord. 406, 8-12-2008, eff. 9-4-2008; Ord. 443, 1-25-2011, eff. 2-17-2011; Ord. 525, 9-26-2017, eff. 10-18-2017; Ord. B24-004, 9-24-2024)
9-8-6: RESERVED:
Reserved by Ord. B24-004, 9-24-2024
9-8-7: SPECIALIZED STANDARDS BY ZONING DISTRICT:
In addition to the standards set forth in this chapter, the following standards shall apply to each zoning district as indicated:
A. Residential Districts:
1. RE-1, RE-2, RE-3 (Rural Estates) Districts: The following specialized standards apply in the RE districts:
a. Farming Uses: The following accessory uses may be permitted in conjunction with a residential dwelling for the use of the family residing on the lot or parcel:
(1) Farming, including all types of agricultural and horticulture such as flower and vegetable gardening, field crops, berry and bush crops, tree crops and orchards;
(2) Small livestock farming and/or the keeping of cows, horses, sheep, goats or similar animals, except no hogs or pigs shall be allowed. One cow or one horse or two (2) sheep or two (2) goats will be allowed for each ten thousand (10,000) square feet of lot area, but the total number of any combination of the above animals shall not exceed twenty (20), other than their young under the age of six (6) months;
(3) A maximum of two hundred (200) chickens or two hundred (200) rabbits or similar animals will be allowed on a lot or parcel of land; provided, that all killing or dressing is done for the owner's consumption;
(4) A maximum of one hundred (100) pairs of chinchillas will be allowed on a lot or parcel of land; provided, that no pelting is done on the premises;
(5) The keeping, breeding and raising of domestic animals;
(6) Aviaries;
(7) Apiaries, upon the following conditions:
(A) Occupied hives shall be at least four hundred feet (400') from any other apiary or existing dwelling on another property, unless the written consent of the owner of such dwelling or apiary is secured;
(B) Occupied hives shall have a minimum separation of fifty feet (50') to any common property line of another property;
(C) Occupied hives shall have a minimum separation of one hundred fifty feet (150') to any street or highway;
(8) The above may be raised for commercial purposes and sold from the premises; provided, that no advertising signs or structures shall be allowed on the premises;
(9) If the lot or parcel contains more than five (5) acres, any one of the following additional uses may be permitted:
(A) The commercial raising, including hatching, fattening, marketing and sale of poultry, fowl, rabbits, chinchillas, nutria, mice, frogs, fish, bees, earthworms, and other similar animals of comparable nature, form and size;
(B) The grazing of cattle, sheep or horses, including the supplementary feeding of such cattle, sheep or horses, provided such grazing is not a part of nor conducted in conjunction with any dairy or livestock sales yard located on the same premises.
2. A, RE-1, RE-2, RE-3 (Agriculture and Rural Estates) Districts: The following specialized standards apply in the A and RE districts:
a. Animal Enclosures: Animal enclosures shall be located at least fifty feet (50') from any property line, excepting grazing areas for horses, cattle or other livestock. Animal enclosures include, but are not limited to, corrals, holding pens, kennels, aviaries and other animal confinement areas.
b. Fencing: Electrical fencing and barbed wire is prohibited as perimeter fencing, except for containment of farm animals on tracts that are two (2) acres or larger. Farm fences shall be permitted on property lines.
c. Fence Height: Fences or freestanding walls must not exceed a height of six feet (6') outside of the lot's buildable area.
d. Open Storage Prohibited: Open storage is prohibited, excepting farming machinery, farm products and temporary storage of road materials. e. Sanitary Sewers; On Site Sewage Disposal Systems:
(1) Connection To Sanitary Sewer System: All nonagricultural uses shall be required to extend and connect to the sanitary sewer system if the lot on which the land use is located is within four hundred feet (400') of an existing sanitary sewer line.
(2) On Site Sewage Treatment and Disposal: Uses not connected to the sanitary sewer system shall provide an individual, on site sewage treatment and disposal system that complies with the requirements of the sanitation department and is approved by the Southern Nevada health district. On site sewage disposal and treatment systems shall be located wholly within the boundaries of the lot on which the land use is located. Prior to the approval of an on site sewage disposal system, the owners and successors in the ownership shall agree to connect to the sanitary sewer system within one year after being notified by the city that the sanitary sewer service is available to serve the tract. The required agreement shall be submitted to the director of sanitation. The director of sanitation shall be responsible for recording the agreement in the official property records.
3. A, RE-1, RE-2, RE-3, SF (Agriculture, Rural Estates And Single-Family) Districts: The following specialized standards apply in the A, RE and SF districts:
a. Manufactured Housing: This section does not void a recorded restrictive covenant nor does it apply in historic districts. Manufactured houses must comply with the following:
(1) Must be permanently affixed to a residential lot;
(2) To be manufactured within five (5) years preceding placement;
(3) Have exterior siding and roofing material similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwelling units in the immediate vicinity;
(4) Must consist of more than one section;
(5) Must have at least one thousand two hundred (1,200) square feet of living area;
(6) Have an architectural treatment masking the foundation, if the home has an elevated foundation;
(7) If the homes in the immediate vicinity have garages or carports, then a garage or carport will be required off the manufactured home, to match the architectural design of the neighborhood. The building and zoning department will review and consider for approval an application for manufactured housing. If the application is denied, the applicant may appeal to the city manager, and then to the city council.
b. Yard/Garage Sales: Yard/garage sales shall be restricted to four (4) per year per residence, each lasting no longer than two (2) consecutive days.
4. MF-3, MF-4 (Multi-Family) Districts: The following specialized standards apply in the MF-3 and MF-4 Districts:
a. Timesharing Apartments: Any conditional use permit issued for such use shall be irrevocable, except on grounds of noncompliance with conditions imposed at the time of initial approval.
5. MF-2, MF-3, MF-4 (Multi-Family) Districts: The following specialized standards apply in the MF-2, MF-3 and MF-4 Districts:
a. Commercial Business Uses: Commercial business uses shall only be permitted if incidental to a multi-family structure or dwelling group containing not less than one hundred (100) dwelling units and provided solely for the convenience of the occupants thereof. The following restrictions shall also apply:
(1) There shall be no entrance to such business use, except from inside the multi-family building in which the use is located;
(2) The business use shall be restricted to the ground floor or basement;
(3) The floor area of such business use shall not exceed twenty-five percent (25%) of the ground floor area of the multi-family building in which the business use is located;
(4) There shall be no outside advertising signs for the business use.
b. Height: Two (2) additional stories, for a total of four (4), may be permitted pursuant to an approved conditional use permit. Applicable bulk regulations will be determined as part of the CUP requirements.
c. Open Space Requirements: A minimum of twenty percent (20%) of the net lot area shall be retained as open space.
(1) The frontage open space shall not be required to exceed fifty (50) square feet per one foot (1') of public street frontage and shall not be less than twenty (20) square feet per one foot (1') of public street frontage;
(2) A private outdoor living space shall be provided adjoining each dwelling unit equal to a minimum of ten percent (10%) of the gross size of the dwelling unit, except that dwelling units above the first story shall provide such space equal to a minimum of five percent (5%) of the gross size of the dwelling unit;
(3) The remainder of the required open space shall be provided in common open space.
d. Special Provisions For Multi-Family Dwelling Groups: All of the following special provisions shall apply to multi- family dwelling groups, except as may otherwise be provided in this title:
(1) Considered One Building: Groups of multi-family dwelling units shall be considered as one building for the purpose of front, side and rear yard requirements.
(2) Face Direction: All multi-family dwelling units shall face upon a public or private street or private outdoor living space.
(3) Private Outdoor Space: The private outdoor living space shall be open and unobstructed by any buildings or structures, except swimming pools or other recreational facilities, providing they do not obstruct the minimum open space required.
(4) Distances Between Buildings: No building or structure may be within ten feet (10') of any other building or structure, except that buildings or structures separated by alleys or access driveways shall be required to maintain a minimum separation of not less than thirty feet (30').
6. MF-1, MF-2, MF-3, MF-4 (Multi-Family) Districts: The following specialized standards apply in the MF-1, MF-2, MF-3 and MF-4 Districts:
a. Animals:
(1) Number of animals is limited to those that are permitted in this code1;
1 See title 10 of this code.
(2) Enclosures are limited to those for domestic pets only.
b. Open Storage Prohibited: Open storage is prohibited.
B. Commercial Districts:
1. Temporary Commercial Permit:
a. Purpose: The purpose of this subsection is to provide for a temporary commercial permit to allow certain short term activities that otherwise would not be allowed and to limit the activities to the circumstances and conditions set forth in this subsection. The requirements of this subsection apply to the activities specified herein whether or not they are conducted for profit.
b. Authority:
(1) The director of the building and zoning department or his designee shall have the authority to approve, approve with conditions, or deny a temporary commercial permit.
(2) The director may at any time refer an application for a temporary commercial permit to the city council.
c. Permitted Uses: The following temporary uses may be permitted by means of the issuance of a temporary commercial permit:
(1) A temporary real estate office located within a recorded subdivision; provided, however, that the use is limited to the sale of new homes within that subdivision. The approval of the use shall be limited in duration to a maximum of two (2) years, or a shorter period may be approved by the director, but shall expire at any earlier time when all lots within the subdivision have been sold;
(2) A contractor's construction yard in conjunction with an approved development project;
(3) A Christmas tree sales lot during the period of November 1 through December 31; provided, however, that no permit is required when the sales are in conjunction with the operation of an established commercial business with a valid business license;
(4) A pumpkin sales lot during the period of October 1 through November 5; provided, however, that no permit is required when the sales are in conjunction with an established commercial business with a valid business license;
(5) A haunted house operated in conjunction with the Halloween season; provided, however, that the operation shall be limited to a duration of thirty one (31) days;
(6) A snow cone shack from May 1 to Labor Day, on commercially zoned property;
(7) A fireworks stand during the period of June 28 through July 4; provided, however, that the operation shall be subject to the uniform fire code and all other applicable statutes, ordinances and regulations;
(8) A parking lot sale; provided, however, that such sales occur no more than four (4) times in one year;
(9) Any other temporary use that is similar to those enumerated in this section and which, in the opinion of the director, is compatible with the zoning district and surrounding land uses.
d. Application and Decision: An application for a temporary commercial permit shall be filed with the director and shall be accompanied by a filing fee as set forth in the fee schedule. The application shall contain sufficient information and detail to enable the director to determine the appropriateness of issuing a permit under this section. Within thirty (30) days after receipt of a complete and sufficient application, the director shall take appropriate action to approve, approve with conditions or deny the application. The director may approve a temporary commercial permit if the director determines that:
(1) The proposed use is compatible with existing land uses on the same property and on surrounding properties;
(2) The subject site is physically suitable for the type and intensity of the use being proposed;
(3) There will be adequate public access to the site and adequate provision for on site parking;
(4) The application is not a continuation of consecutive applications or otherwise an attempt to circumvent the limitations contained in this section.
e. Appeal: The applicant may appeal a decision of the director to the city council by filing a written request with the building and zoning department. Any appeal pursuant to this section must be filed within ten (10) days after the date of the decision that is the subject of the appeal. The decision of the city council is final.
f. Conditions of Approval: In approving a temporary commercial permit, the director (or, upon appeal, the city council) may impose conditions, stipulations or limitations as are deemed necessary to ensure that the activity will be consistent with subsection B.1.d. of this section. Such conditions may include, but are not limited to, the following:
(1) Provision for temporary parking facilities, including handicap spaces, vehicle ingress and egress;
(2) Measures to prevent or reduce nuisance factors such as glare, excessive illumination, noise, vibration, smoke, dust, dirt, odors, gases and heat;
(3) Regulation of placement, height, size and location of structures, facilities, landscaping and equipment, including provisions for buffering and separation;
(4) Provision for sanitary facilities and for waste collection and disposal;
(5) Measures to promote safety and security;
(6) Regulation of signs and other attention gaining devices;
(7) Regulation of operating hours and duration of the temporary commercial use;
(8) Compliance with applicable provisions of this code;
(9) Any other conditions which will ensure the operation of the proposed temporary use is conducted in an orderly, efficient manner and in accordance with the intent and purpose of this section.
g. Cleanup of Temporary Site: The holder of the temporary commercial permit shall be responsible for leaving the property free of debris, litter or other evidence of the temporary use immediately upon completion or removal of the use.
h. Revocation: A temporary commercial permit may be revoked or modified by the director, upon notice to the permit holder, if the director finds that:
(1) The permit was obtained by misrepresentation or fraud;
(2) The activity is not in compliance with the permit or any condition of approval;
(3) The use to be allowed by means of the permit is conducted in violation of any applicable statute, ordinance or regulation; or
(4) The permit is being employed as a means to circumvent the limitations contained in this title.
C. Industrial Districts:
1. Sign, Parking Lot: An advertising sign or parking lot may be located at a distance of not less than twenty feet (20') from the street and/or future street width line, if in accordance with site plans as required herein.
2. Setback; IR-2 District: Along any other property line within or adjoining an established IR-2 district, there shall be a setback of at least ten feet (10'). This requirement may be modified or waived if in the judgment of the city council a fire lane is not considered to be necessary.
3. Setback; Other District: Along any other property line abutting or adjoining any zone district other than IR-2 or IR-1, there shall be a setback of at least twenty feet (20'), or as per section 9-8-4, table 9-8:2 of this chapter, whichever is more restrictive, and the property line shall be sodded, planted (or other approved ground cover) and shrubbed in such a way as to form a permanent evergreen screen.
4. Compliance Required: All industrial uses shall be so operated as to comply with the performance standards described in this subsection and, in addition to these standards, all uses shall be so constructed, maintained and operated so as not to be injurious to the use or occupation of the adjacent premises by reason of the emission or creation of noise, vibration, radiation, fire and explosive hazard or glare. Nothing in this subsection shall be constructed to alter, change, modify or abrogate any authority granted exclusively to any State agency.
5. Outdoor Storage Areas: Outdoor storage areas shall be screened with a solid, opaque eight foot (8') tall fence; however, the fence or wall shall not occupy any portion of the setback area where fronting along a street or future width line. The maximum height requirement for the fence or wall may be modified or waived if, in the judgment of the City Council, the increased height is necessary and not detrimental to the intent and purposes established in these regulations.
6. Operation of Uses: All uses shall be operated so as to comply with standards of performance or their equivalent which have been or which may be adopted or amended from time to time by the State with respect to smoke, dust, particulate matter, toxic or noxious waste and radiation hazard.
7. Ground Vibration: No use shall be operated so as to produce ground vibration, noticeable without instruments, at the lot line of the premises on which the use is located.
8. Electromagnetic Interference: No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception in any residential or commercial district.
9. Fire and Explosion Danger: Each use shall be operated so as to minimize the danger from fire and explosion and to comply with the regulations contained in the Mesquite Building Code and applicable fire prevention ordinances.
10. Humidity: Any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that steam, humidity, heat or glare is not perceptible at any lot line. (Ord. 238, 5-23-2000, eff. 6-19-2000; amd. Ord. 246, 11-28-2000, eff. 12-21-2000; Ord. 256, 8-30-2001; Ord. 339, 6-27-2006, eff. 8-15-2006; Ord. 345, 6-27-2006, eff. 7-20-2006; Ord. 377, 6-12-2007, eff. 7-5-2007; Ord. 544, 9-11-2018, eff. 10-2-2018; Ord. B24-004, 9-24-2024)
9-8-8-1: PURPOSE AND INTENT OF SEPARATION AND DISTANCE REQUIREMENTS:
A. The City Council declares that this liquor license and marijuana or medical marijuana license distance requirements section is an exercise of the regulatory powers delegated to the Council by the State of Nevada pursuant to Nevada Revised Statutes 268.090, and 453A inter alia.
B. The public health, safety, morals and welfare of the inhabitants of the City require the regulation and control of all persons engaged in the businesses of alcoholic liquor and marijuana or medical marijuana sales. All such persons as defined in title 2, chapters 4, 14 and 16 of this Code shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the City and to safeguard the public. (Ord. 502, 10-25-2016, eff. 11-16-2016; amd. Ord. 525, 9-26-2017, eff. 10-18-2017; Ord. B24-004, 9-24-2024)
9-8-8-2: SEPARATION OF LICENSEES:
A. No tavern or full off-sale liquor license shall be issued in the City unless the entry door of the prospective business is located one thousand feet (1,000'), in a direct line, from the entry door of the nearest existing business holding a tavern license or full off-sale license. This distance limitation does not apply to a resort hotel as defined in Nevada Revised Statutes 463.01865 or as may be amended or renumbered from time to time, and a commercial business containing thirty thousand (30,000) square feet or more of floor space.
B. No tavern liquor license or marijuana or medical marijuana dispensary license shall be issued in the City unless the entry door of the prospective business is located one thousand feet (1,000'), in a direct line, from the entry door of the nearest existing business holding a sexually oriented business license. (Ord. 502, 10-25-2016, eff. 11-16-2016; amd. Ord. 525, 9-26-2017, eff. 10-18-2017; Ord. B24-004, 9-24-2024)
9-8-8-3: SEPARATION OF LIQUOR LICENSE BUILDINGS FROM PUBLIC FACILITIES:
A. No tavern or full off-sale liquor license shall be issued in the City unless the entry door of the prospective liquor license building is located one thousand feet (1,000'), in a direct line, from the entry door of the nearest church or school. This liquor license distance limitation does not apply to a church that is located in a Commercial or Hotel/Tourist Zone.
B. A liquor license business shall not be located in any zone classified residential. (Ord. 502, 10-25-2016, eff. 11-16-2016; amd. Ord. B24-004, 9-24-2024)
9-8-8-4: SEPARATION OF MARIJUANA AND MEDICAL MARIJUANA ESTABLISHMENT LICENSE BUILDINGS FROM PUBLIC FACILITIES:
A. No marijuana or medical marijuana establishment license shall be issued in the City unless the entry door of the prospective marijuana or medical marijuana license building is located one thousand feet (1,000'), in a direct line, from the closest point of the property line of the nearest church, school, or other community facility. This marijuana or medical marijuana license distance limitation does not apply to any church, school or community facility whose owners/operators sign a disclosure statement acknowledging that they are moving to a location within one thousand feet (1,000') of an existing marijuana or medical marijuana establishment.
B. All marijuana and medical marijuana dispensaries must be located at least three hundred feet (300') from the closest residential dwelling. (Ord. 525, 9-26-2017, eff. 10-18-2017; amd. Ord. B24-004, 9-24-2024)
9-8A-1: CONDITIONAL USE PERMIT APPLICABILITY:
Provisions of chapter 7 of this title, including the articles contained therein, or any other provision of this code, which refer to "home occupations" as conditional uses in certain residential districts, do not apply if this chapter exempts a home occupation from the requirement for a conditional use permit in certain residential districts as set forth herein. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-2: DEFINITIONS:
HOME OCCUPATION: Any commercial activity carried out for gain and conducted from a residence or structure located in a residential district.
MAJOR IMPACT HOME OCCUPATION BUSINESS: A home occupation which disrupts or would disrupt the residential character of a residential neighborhood. These businesses require a permit, a business license, a conditional use permit and city council approval prior to operate or to continue operation and are not favored in residential districts or neighborhoods.
MINOR IMPACT HOME OCCUPATION BUSINESS: A home occupation which maintains the residential character of a residential neighborhood but has some impact on the neighborhood. These home occupations require a permit and business license to operate but do not require a conditional use permit unless they have been determined to be a major impact home occupation business as set forth herein.
NO IMPACT HOME OCCUPATION BUSINESS: A home occupation business which maintains the residential character of a residential neighborhood and which has no impact on its surrounding neighborhood. These businesses require no permit or business license to operate in any residential district or neighborhood.
RESIDENTIAL DISTRICT: Any location where the property at issue is zoned for any residential use. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-3: HOME OCCUPATIONS PERMITTED IN RESIDENTIAL NEIGHBORHOODS AND DISTRICTS:
A. "No impact home occupation businesses", as defined herein, may operate in any residential districts and neighborhoods without necessity of permit or business license, subject to the limitations and conditions set forth herein.
B. "Minor impact home occupation businesses", as defined herein, may operate in residential districts and neighborhoods with a permit and business license but do not require a conditional use permit or city council approval, subject to the limitations and conditions set forth herein.
C. Major impact home occupation businesses require a permit, a business license, a conditional use permit and city council approval to operate or continue operation and are not favored in residential districts or neighborhoods. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-4: PERFORMANCE STANDARDS:
All home occupations must comply with the following performance standards unless a conditional use permit and city council action provide otherwise:
A. The use of the dwelling as a home occupation location must be clearly incidental and subordinate to its use for residential purposes. The home occupation must occupy no more than twenty five percent (25%) of the floor area of the residence;
B. No more than one person, other than those residing on the premises, shall be engaged in the activities of the home occupation;
C. A home occupation which is authorized to receive patrons, students or any business related individuals at the home occupation location may only do so between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.; (Ord. 224, 5-11-1999, eff. 6-3-1999)
D. No more than one home occupation shall be permitted within any single dwelling unit, unless the additional activity qualifies as a "no impact home occupation". No home occupation is allowed if such use of the property is deed restricted by CC&Rs or HOA rules; (Ord. 438, 7-27-2010)
E. There shall be no exterior displays, no exterior storage of equipment or goods, including unlicensed equipment, materials, vehicles or open lot storage;
F. Home occupations shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of a multiple-family unit shall not be permitted;
G. Home occupations shall not require internal or external structural alterations of the principal residence which may change the outside appearance of the principal residence or change the residential character of the property;
H. Home occupations shall not require the installation of equipment or machinery creating utility demand, noise, fumes or other impacts in excess of equipment or machinery that is customarily found in a residential area;
I. No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio, television receiver or telephone, which violates FCC standards, or which causes fluctuations in off site line voltages;
J. No on premises advertising for the home occupation shall be allowed. Window areas must not purposely, intentionally or unintentionally be used as display areas or to offer merchandise for sale;
K. All related business activities shall take place entirely within the residential dwelling, unless the building and zoning department finds that business activity conducted outside the dwelling is similar to noncommercial activities normally associated with single-family residences;
L. No pedestrian or vehicular traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential area;
M. No delivery truck shall operate out of a residential district as a function of the home occupation. A single delivery or business vehicle may be operated from a home occupation so long as it is limited to a maximum size of one ton gross vehicle weight and so long as it is stored entirely within a building or structure;
N. No home occupation will be permitted which requires receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries;
O. No deliveries by semitractor/trailer truck are permitted;
P. Low intensity (traffic generation, land use, noise, etc.) occupations, professions and business activities, and those uses or activities of a similar nature, as provided by the permitted home occupation uses in this section, may be permitted as home occupations in the indicated residential zoning district(s), subject to the conditions of these regulations and other applicable federal, state or local laws;
Q. This section does not permit the establishment and operation of home occupations without a permit and business license unless they have been exempted from the requirements of permitting and licensing by this section;
R. All vehicles of customers or residents of the home occupation location must be parked in authorized parking locations either on the lot where the home occupation is located or in the public parking adjacent to the home occupation location; and
S. The home occupation shall not create a hazard by using flammable, explosive or other dangerous materials or by keeping, raising or storing animals which are capable of inflicting harm or discomfort or endangering the health and safety of any person or property. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-5: NO IMPACT HOME OCCUPATION BUSINESSES WHICH REQUIRE REGISTRATION BUT DO NOT REQUIRE A PERMIT OR BUSINESS LICENSE:
The following home occupations require registration with the city clerk but do not require a permit or business license so long as the activity of the business has no impact on the residential neighborhood where they operate:
A. Artists;
B. Composers;
C. Writers;
D. Piano teacher for one student at a time;
E. Dance or aerobics instructor for no more than one student at a time;
F. Persons who conduct the home occupation entirely on a telephone or personal computer and do not invite business customers to or receive customers at the home occupation location;
G. Sale of personal goods and services, such as cosmetics and kitchenware away from the residence, and which does not invite customers to or receive customers at the home occupation location and which does not have storage of equipment, goods or supplies outside the home occupation residential dwelling; or
H. Any other activities similar to one of the above categories. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-6: MINOR IMPACT HOME OCCUPATION BUSINESSES WHICH REQUIRE A PERMIT AND BUSINESS LICENSE BUT NOT A CONDITIONAL USE PERMIT AND CITY COUNCIL APPROVAL:
The following home occupations require a permit and a business license but do not require a conditional use permit and city council approval so long as the activity of the business does not have a major impact on the residential neighborhood where they operate:
A. Babysitters for less than five (5) children, including the children of the babysitter;
B. A business which sees only one client at a time at the location of the home occupation and does not affect the residential character of the residential district by operation of the business;
C. Piano teacher for two (2) or more students at a time;
D. Dance or aerobics instructor for two (2) or more students at a time;
E. A business which maintains one business car or pickup truck at the home occupation location. Contractors, provided there is no outside storage of equipment or supplies;
F. A business which receives commercial deliveries of goods or equipment to be sold as part of the business venture;
G. Consultant with office in home who sees no more than one customer at a time at the home occupation location;
H. Designer/decorator who does not see more than one customer at a time at the home occupation location;
I. Personal sewing, clothing alterations and dressmaking if the proprietor does not invite or receive more than one customer to the home occupation location at a time;
J. Maintenance/handyman/janitorial service;
K. Window coverings sales;
L. Mail order or telephone order business;
M. Small bookkeeping or typing service;
N. Telephone answering service;
O. Telephone reception for a mobile business; or
P. Any other activities similar to one of the above categories. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-7: APPLICATION FOR PERMIT AND LICENSE TO OPERATE HOME OCCUPATION; FEE REQUIRED:
An applicant for a home occupation license must first apply for and receive a permit from the Building and Zoning Department. Permit applications may be obtained at the Building and Zoning Department. A one-time permit application fee of twenty five dollars ($25.00) must be submitted by the applicant with the permit application. The Building and Zoning Department shall inspect the premises and work area of every home application location, if determined to be a major impact home occupation. (Ord. 537, 8-28-2018, eff. 9-18-2018)
9-8A-8: DUTIES OF BUILDING AND ZONING DEPARTMENT:
When an applicant for a home occupation permit and license files an application for a home occupation permit, the Building and Zoning Department will:
A. Review the application and determine if the home occupation would have major or nonmajor impact on the residential neighborhood where it proposes to operate;
B. Physically inspect the proposed business location to determine whether the proposed business complies with the provisions of this section and whether the proposed home occupation will likely affect the residential character of the neighborhood where it proposes to operate or not. If the Building and Zoning Department determines the proposed home occupation will likely change the residential character of the neighborhood where it proposes to operate, a conditional use permit and City Council permission are required; and
C. Determine whether a proposed home occupation requires a conditional use permit and City Council approval. In making that determination, the Building and Zoning Department will utilize the standards set forth in this chapter and other relevant provisions of this Code, including, but not limited to, the table of permitted home occupations contained in this section.
PERMITTED HOME OCCUPATIONS1
Home Occupation | District | |||||
A | RE-1 | RE-2 | RE-3 | SF | MF-1 -5 MF-4 | |
Home Occupation | District | |||||
A | RE-1 | RE-2 | RE-3 | SF | MF-1 -5 MF-4 | |
Antique sales | • | • | • | • | • | • |
Artists, composer, photographer | • | • | • | • | • | • |
Arts and crafts production, sales | • | • | • | • | • | • |
Brokers | • | • | • | • | • | • |
Building contractor, construction services2 | • | • | ||||
Clergy | • | • | • | • | • | • |
Computer applications | • | • | • | • | • | • |
Cooking, preserving | • | • | • | • | • | • |
Electronics repair | • | • | • | • | • | • |
Instruction3 | • | • | • | • | • | • |
Insurance agents | • | • | • | • | • | • |
Jewelry repair | • | • | • | • | • | • |
Newspaper distribution | • | • | • | • | • | • |
Professional services4 | • | • | • | • | • | • |
Sales representative5 | • | • | • | • | • | • |
Seamstress, tailor | • | • | • | • | • | • |
Secretarial service | • | • | • | • | • | • |
Small engine, appliance | • | • | • | • | • | • |
Work processing, typing | • | • | • | • | • | • |
Notes:
1. The table lists specific home occupations and the districts in which they are permitted. Other home occupations may be permitted by the zoning official if they meet the standards specified in this chapter.
2. Includes, but is not limited to, carpentry, electrical, masonry, painting and plumbing.
3. Art, dance, music, tutoring; limited to no more than 2 students at one time.
4. Accountant, architect, attorney, engineer, etc.
5. Provided there is no exchange of tangible goods on the premises, though mail distribution may be allowed.
(Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-9: PROHIBITED HOME OCCUPATIONS IN RESIDENTIAL DISTRICTS:
The following types of home occupations are prohibited in residential districts without a conditional use permit and City Council approval:
A. A business which invites, attracts or receives customers or client traffic beyond the normal traffic associated with the residential district;
B. Businesses which require storage of equipment or inventory outside the home occupation location dwelling;
C. Any business which is conducted outdoors on the premises where the residential dwelling is located, except as specifically authorized in this chapter;
D. A business which would change the residential character of the neighborhood if permitted to operate and a home occupation business which has changed the residential character of the neighborhood where it is located;
E. Ambulance services;
F. Animal/veterinary clinics;
G. Auto painting, repair and body services;
H. Banks or credit unions;
I. Beauty salons and barber shops;
J. Cabinetry, mechanical repair or modification, fabrication, treatment or assembly of goods, the process of which requires intensive use of equipment, machinery, raw materials or component parts (e.g., welding, construction or assembly of cabinets or furniture, treatment of steel or the finishing of wood);
K. Clinics/hospitals;
L. Commercial stables;
M. Kennels;
N. Large engine repair;
O. Liquor establishments which either sell packaged liquor or serve alcohol;
P. Medical, dental, optical, etc., office;
Q. Mortuary;
R. Real estate or development sales offices;
S. Restaurants; (Ord. 224, 5-11-1999, eff. 6-3-1999)
T. Taxi services, not applicable to transportation network drivers; (Ord. 537, 8-28-2018, eff. 9-18-2018)
U. Vehicle sales, leases or parts sales;
V. In order to avoid health and sanitation risks associated with disposal of medical wastes, medical, dental and other health professional offices are specifically excluded as home occupations; or
W. The proposed home occupation will not be in violation of any covenants, codes or restrictions (CC&Rs) for the subject property unless the CC&Rs are less restrictive than this code, in which case this code will prevail. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-10: APPLICATION PROCESS WHEN CONDITIONAL USE PERMIT AND CITY COUNCIL APPROVAL ARE REQUIRED:
The following procedures shall apply to all proposed home occupations which require a conditional use permit and city council approval:
A. When an application for a home occupation permit and license requires a conditional use permit to operate a home occupation in a residential district or neighborhood, the applicant must comply with all requirements for issuance of a conditional use permit, including, but not limited to, payment of any required fee;
B. Application for a home occupation conditional use permit may be made by the owner, purchaser under contract, or lessee of the property for which the permit is sought, or his agent, duly authorized in writing; and
C. An application for home occupation conditional use permit must be submitted on forms furnished by the building and zoning department. The building and zoning department may request any information as prescribed or reasonably necessary to process the application. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-11: CRITERIA FOR REVIEW OF APPLICATION FOR HOME OCCUPATION PERMIT BY BUILDING AND ZONING DEPARTMENT:
For the purpose of the review of the building and zoning department, proposed home occupation businesses which do not comply with the following restrictions are considered major impact home occupation businesses:
A. The site is adequate in size and shape to accommodate the proposed activity;
B. The site is accessible by streets adequate in width and pavement type to accommodate the proposed activity;
C. The proposed use will have no adverse effect on abutting property or the permitted use thereof;
D. The activity shall be conducted entirely by persons residing therein except as authorized otherwise in this chapter;
E. No outside employees shall work on the premises except as authorized otherwise in this chapter;
F. The dwelling shall not be used to dispatch employees to their job sites, nor shall it be used as a site from which paychecks are issued;
G. The activity shall be secondary to the residential use and not change the residential character of the dwelling;
H. No exterior display or exterior storage of material or indication of said use shall be allowed;
I. No mechanical equipment or materials shall be used except those normally used for domestic, hobby or household purposes;
J. Such use shall not produce any offensive noise, vibration, smoke, dust, odor, heat, glare, electrical disturbance or in any way interfere with the peace, contentment or general welfare of the residential area; (Ord. 224, 5-11-1999, eff. 6-3-1999)
K. No more than one home occupation shall be permitted at any one residential property, unless the additional activity qualifies as a "no impact home occupation". No home occupation is allowed if such use of the property is deed restricted by CC&Rs or HOA rules; (Ord. 438, 7-27-2010)
L. Such activity shall not create any illegal discharge or materials, fluids, or gasses into the air or the sewer system;
M. There shall be no entrance or exits in the dwelling used solely for the home occupation activity; and
N. There shall be no advertising of the address or location to promote customer traffic. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-12: CONDITIONS OF LICENSE OR CONDITIONAL USE PERMIT; RENEWAL OF LICENSE:
A. Either the building and zoning department or the city council may place reasonable conditions on the issuance of a home occupation either in granting a business license or conditional use permit in order to ensure that the proposed business will not disrupt or change the residential character of the residential neighborhood where the home occupation proposes to operate or to otherwise carry out the provisions of this section.
B. All home occupation permits and business licenses may be issued for no longer than one year in duration, unless determined otherwise by the city council, and may be renewed provided there have been no reported violations, complaints, or detrimental characteristics which may, in the opinion of the building and zoning department or the city council, require termination of the home occupation. In its discretion and for good cause, the building department or the city council may limit the home occupation license to six (6) months in duration. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-13: HEARING, FINDINGS AND CONDITIONS:
Except for those home occupations which do not require a conditional use permit to operate in a residential district as set forth in this chapter, the city council, before granting a conditional use permit to allow the operation of a major impact home occupation in a residential district, shall find at a public hearing as follows:
A. That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls, fences, parking, loading, landscaping and other features required by this title are compatible with the land and uses in the neighborhood;
B. That the streets and highways related to the site are adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
C. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;
D. That the conditions stated in the resolution are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:
1. Special yards, spaces and buffers, fences and walls;
2. Regulations of points of vehicular egress and ingress;
3. Regulation of signs;
4. Regulation of noise, vibration, odors, etc.;
5. Regulation of time of certain activities;
6. Time period within which the proposed use shall be developed;
7. A request for a site plan for purposes of review, said site plan to be submitted by the applicant; and
8. Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in the zoning ordinance. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-14: ACTION BY CITY COUNCIL; CONDITIONS IMPOSED; EFFECTIVE DATE OF ACTION:
A. The city council shall issue its decision at a public meeting following the public hearing on the matter.
B. The decision of the city council approving a major impact home occupation in a residential district shall set forth any recommended or required conditions deemed necessary to protect the health, safety and welfare of persons in the neighborhood and the community as a whole.
C. The action of the city council on a home occupation license request is effective when taken. (Ord. 224, 5-11-1999, eff. 6-3-1999)
9-8A-15: REVOCATION OF HOME OCCUPATION LICENSE:
A business license or conditional use permit to operate a home occupation business may be revoked when:
A. The home occupation business has not commenced operation of the business activity within six (6) months of the date of final approval, unless a longer period is specified in the approval;
B. An applicant receives a business license to operate the home occupation at a new business address;
C. An applicant has not renewed his/her business license at his/her approved location within ninety (90) days of the expiration of the prior business license;
D. After a public hearing, the city council revokes any home occupation license for the following reasons:
1. Noncompliance with conditions set forth when the license of conditional use permit was granted;
2. It is determined that the home occupation licensee is adversely impacting the residential neighborhood by operation of the business; or
3. For violation of any of the requirements of this chapter or any provision of this code.
E. The licensee has been given written notice at least ten (10) days prior to a public hearing required on any proposed license revocation pursuant to this chapter or any other provision of this code. (Ord. 224, 5-11-1999, eff. 6-3-1999)