A.

General Provisions.

1.

Table 17.20-1 lists the principal uses allowed within the all zoning districts except for the overlay zoning districts.

2.

Principal uses allowed in the overlay districts are identified under the applicable overlay district regulations in Section 17.16.050.

3.

General Dwelling Unit Restrictions. No cellar, garage, tent, basement with unfinished structure above, or accessory building or any mobile home or recreational vehicle outside of an approved mobile home or recreational vehicle park shall at any time be used as a dwelling unit. The basement portion of a finished home may be used for normal living, eating and sleeping purposes, provided it is properly damp-proofed and has suitable fire protection and exits.

B.

Explanation of Table of Permitted Uses.

1.

Organization of Table. Table 17.20-1 organizes the uses by use classifications, use categories, and use types.

a.

Use Classifications. The use classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential and commercial uses). The use classifications then organize land uses and activities into specific "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use classifications in North Las Vegas are:

(i)

Residential uses,

(ii)

Public and institutional uses,

(iii)

Commercial and office uses, and

(iv)

Industrial and related uses.

b.

Use Categories. The use categories describe the major sub-groups of use classifications based on common characteristics (e.g., the residential use classification is divided into the two use categories of "household living" and "group living").

c.

Use Types. The use categories are divided into specific use types. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, single-family dwellings, two-family dwellings, and townhome clusters are some of the specific use types that fall under the "household living" use category.

d.

Use Classifications, Use Categories, and Use Types Defined. Use classifications, use categories, and use types are defined in Chapter 17.32, Definitions.

2.

Symbols in Table. The symbols used in the use table are defined as follows:

a.

Permitted Uses (P).

(i)

A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final "additional requirements" column of Table 17.20-1. Permitted uses are subject to all other applicable standards of this Code, including those set forth in Chapter 17.24, Development Standards.

(ii)

Permitted uses in the MUD, PUD/PID, or PCD zoning districts are subject to compliance with the use-specific standards set forth in the final "additional requirements" column of Table 17.20-1 and approval requirements for the applicable district and related approved development plans and development agreements.

(iii)

Review and approval of permitted uses, and compliance with this Code, shall be undertaken after an application has been submitted for a building permit or for a business license.

b.

Conditional Uses (C). A "C" in a cell indicates that a use type is allowed as a conditional use in the respective zoning district subject to compliance with the use-specific standards set forth in the final "additional requirements" column of Table 17.20-1 and approval as a conditional use in accordance with Section 17.12.070.I. Conditional uses are subject to all other applicable standards of this Code, including those set forth in Chapter 17.24, Development Standards.

c.

Special Uses (S). A "S" in a cell indicates that a use type is allowed as a special use in the respective zoning district subject to compliance with the use-specific standards set forth in the final "additional requirements" column of Table 17.20-1 and approval of a special use permit in accordance with Section 17.12.070.J. Special uses are subject to all other applicable standards of this Code, including those set forth in Chapter 17.24, Development Standards.

d.

Prohibited Uses (Blank Cells). A blank cell indicates that the listed use type is prohibited in the respective zoning district.

e.

Use-Specific Standards. A blank cell indicates that the listed use type is prohibited in the respective zoning district.

f.

Unlisted Uses. If an application is submitted for a use that is not listed in Table 17.20-1, the Director is authorized to classify the new or unlisted use into an existing use type that most closely fits the new or unlisted use. The Director may refer the use to the Planning Commission, who may initiate an amendment to the text of this Code to clarify where and how the use should be permitted.

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011; Ord. No. 2611, § 4, 5-16-2012; Ord. No. 2617, § 1, 9-19-2012; Ord. No. 2669, § 2, 6-18-2014; Ord. No. 2685, § 2, 8-6-2014; Ord. No. 2706, § 4, 2-18-2015; Ord. No. 2730, § 2, 10-21-2015; Ord. No. 2742, § 1, 1-20-2016; Ord. No. 2744, § 1, 2-17-2016; Ord. No. 2751, § 1, 5-18-2016; Ord. No. 2833, § 1, 9-20-2017; Ord. No. 2849, § 2, 12-20-2017; Ord. No. 3048, § 5, 1-20-2021; Ord. No. 3115, § 1, 4-20-2022; Ord. No. 3137, § 1, 7-20-2022; Ord. No. 3136, § 1, 10-5-2022; Ord. No. 3196, § 1, 12-20-2023)

Use-specific standards are the requirements applied to individual use types, regardless of the district where they are located, or the review procedure under which they are approved. This section is intended to list the use-specific standards for all principal uses identified in Table 17.20-1, as being subject to additional requirements. These standards may be modified by other applicable requirements in this Code.

A.

Residential Uses.

1.

Dwelling, Multiple-Family (5+). Multiple-family dwelling units shall only be permitted in the R-A/DC district as part of a vertical mixed-use building where the residential uses shall be located on the second or higher floors.

2.

Mobile Home or Recreational Vehicle. No person shall park or occupy any recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of any approved mobile home park except that the parking of only one unoccupied recreational vehicle in the yard area in any district is permitted, providing no living quarters shall be maintained or any business practiced in said recreational vehicle while such recreational vehicle is so parked or stored.

3.

Townhouse Cluster.

a.

Townhouse clusters in the R-2, R-A/R-2, and R-A/R-3 districts shall not exceed four dwelling units or one hundred twenty (120) feet in length.

b.

Townhouse clusters in the R-3, R-4, and R-A/R-4 districts shall not exceed one hundred sixty (160) feet in length.

4.

Tiny House Park/Subdivision.

a.

The minimum tiny house park or subdivision size shall be five acres.

b.

Density within the tiny house park shall be in accordance with the Comprehensive Master Plan land use designation.

c.

Each tiny house space or lot within a tiny house park shall have a minimum width of forty (40) feet and a minimum depth of fifty (50 feet).

d.

Each tiny house space or lot shall comply with the following setbacks:

(i)

A minimum of five feet shall be maintained between the tiny house and any adjacent side lot line or property line.

(ii)

A minimum setback of fifteen (15) feet shall be maintained between the tiny house and any public street, private street or drive aisle, except for any attached or detached carport or garage which shall have a minimum setback of twenty (20) feet from any public street, private street, or drive aisle.

(iii)

A minimum setback of ten (10) feet shall be maintained between the tiny house and its rear lot line or property line.

e.

Utilities: Each tiny house and any community facilities in a tiny house park must be connected to the City's water and wastewater systems utilities. A composting toilet is prohibited in a tiny house.

f.

Refuse Areas: A tiny house park shall contain an adequate number of airtight and watertight covered trash receptacles located within a centralized trash area. The centralized trash area shall be screened from public view by a decorative block wall and roof enclosure. Each tiny house in the tiny house park must be located within three hundred (300) feet of a refuse area.

g.

All private streets shall be provided in accordance with the City's private streets policy. All drive aisles and parking lots shall be in accordance with the parking and loading requirements in Section 17.24.040.

h.

Landscaping shall be provided in accordance with the single-family residential requirements in Section 17.24.060.

i.

Open space shall be provided in accordance with Section 17.24.020.

j.

Architectural design of all tiny homes shall be in accordance with Section 17.24.090, with the exception of the minimum dwelling size. (17.24.090.D.1.d.)

B.

Public and Institutional Uses.

1.

Airport or Heliport/Helipad.

a.

Airports and heliports/helipads in specified zoning district subject to the district specific standards and subject to FAA regulations.

b.

Helipads may be permitted as an accessory use to a hospital in all zone districts where hospitals are allowed. The use shall be reviewed and approved as part of the hospital's permit review procedure.

2.

Bus Terminal.

a.

All bus terminals shall be designed specifically for bus service and shall include sufficient space within the building to accommodate waiting passengers, ticketing, restrooms, and related operational facilities.

b.

All operations except passenger/cargo loading and unloading shall be conducted inside the bus terminal building.

c.

Maintenance or fueling operations are prohibited at a bus terminal site.

d.

Bus terminal sites shall not have direct access from a local or residential street.

3.

Cemetery.

a.

Cemeteries shall have a minimum lot or site area of forty (40) acres, including business office and storage buildings.

b.

A minimum of ten (10) acres shall be subdivided and developed in the initial plot.

c.

The cemetery may include accessory uses such as a chapel, a mortuary, a mausoleum, and those industrial uses that are incidental to the operation of a cemetery. Industrial uses shall include such things as a crematorium or the manufacturing of burial vaults and headstone foundations provided all of the products and services are used on the site and are not offered for sale and use elsewhere. The cemetery shall not include uses of an industrial nature other than those stated herein.

4.

Residential Facility for Groups.

a.

The facility must comply on a continuing basis with all governmental licensing requirements. Additionally, any facility for more than ten (10) residents must obtain a special use permit, pursuant to Section 17.12.070.J.

b.

The facility shall not be established or modified in a manner that would make it inconsistent with the scale and architectural character of the surrounding neighborhood, including applicable development standards and design guidelines.

c.

No signage, graphics, display, or other visual representation that is visible from a public street shall be used to identify the facility as a group residential care facility.

d.

A facility may not be located closer than six hundred sixty (660) feet (measured by means of the shortest distance from property line to property line) from another residential facility for groups, facility for transitional living for released offenders or a halfway house for recovering alcohol and drug abusers. However, the Planning Commission may grant a waiver of this distance limitation with approval of a special use permit upon finding that an "adequate barrier" exists between a group residential care facility and another group residential care facility, a transitional living facility, or a halfway house for recovering alcohol and drug abusers.

e.

An "adequate barrier" is defined as an improved drainage facility, Clark County Interstate 215, U.S. Interstate 15, or other rights-of-way with a minimum width of one hundred (100) feet. The boundary limits of these streets, freeways, and freeway crossovers are as defined by the official North Las Vegas, Nevada Department of Transportation and Clark County right-of-way maps for such roadways, respectively.

5.

Halfway House for Recovering Alcohol and Drug Abusers.

a.

The facility must comply on a continuing basis with all governmental licensing requirements. Additionally, any facility for more than ten (10) residents must obtain a special use permit, pursuant to Section 17.12.070.J.

b.

Clients of the facility must be actively and continuously enrolled in an outpatient rehabilitation or substance abuse program that is supervised by a licensed medical professional, or a recognized substance abuse treatment program, or both.

c.

The facility must adopt and enforce a policy prohibiting the use of drugs or alcohol by clients while they reside in the facility. Upon request, the facility operator shall produce evidence satisfactory to the director that the facility is in compliance with this condition. The facility shall not be established or modified in a manner that would make it inconsistent with the scale and architectural character of the neighborhood, including applicable development standards and design guidelines.

d.

No signage, graphics, display, or other visual representation that is visible from a public street shall be used to identify the facility as a halfway house for recovering alcohol and drug abusers.

e.

A facility may not be located closer than six hundred sixty (660) feet (measured by means of the shortest distance from property line to property line) from another residential facility for groups, facility for transitional living for released offenders or a halfway house for recovering alcohol and drug abusers. However, the Planning Commission may grant a waiver of this distance limitation with approval of a special use permit upon finding that an "adequate barrier" exists between a group residential care facility and another group residential care facility, a transitional living facility, or a halfway house for recovering alcohol and drug abusers.

f.

An "adequate barrier" is defined as an improved drainage facility, Clark County Interstate 215, U.S. Interstate 15, or other rights-of-way with a minimum width of one hundred (100) feet. The boundary limits of these streets, freeways, and freeway crossovers are as defined by the official North Las Vegas, Nevada Department of Transportation and Clark County right-of-way maps for such roadways, respectively.

6.

Hospital/Medical Center.

a.

The application is accompanied by written proof that the proposal meets all federal, state, and county regulations.

b.

A minimum of twenty-four (24) percent of the net lot area shall be provided in open space.

(i)

A minimum of three-fourths of the total open space requirement shall be provided as frontage open space to provide a setting for the building, visual continuity within the community, and a variety of spaces in the streetscape. The frontage open space shall not be required to exceed fifteen (50) square feet per one foot of public street frontage and shall not be less than thirty (30) square feet per one foot of public street frontage.

(ii)

The remainder of the required open space shall be provided in common open space.

c.

When the height of the building exceeds fifty (50) feet, the following yard requirements shall apply:

(i)

A side or rear yard of not less than one hundred (100) feet shall be maintained where the side or rear of the lot abuts a single-family residential district or abuts an alley that is adjacent to a single-family residential district. The one hundred (100) feet may include the width of the alley.

(ii)

A side or rear yard of not less than seventy-five (75) feet shall be maintained where the side or rear of the lot abuts a multiple-family residential district or abuts an alley that is adjacent to a multiple-family residential district. The seventy-five (75) feet may include the width of the alley.

7.

Residential Health Care Facility.

a.

The regulations for a residential health care facility are divided into two subsections as follows:

(i)

Specialized Care Facilities (e.g., convalescent or nursing homes that normally provide medical care and supervision); and

(ii)

Minimal Care Facilities (e.g., uses similar to apartments but providing services such as central dining, transportation service, and limited medical assistance).

b.

Specialized Care Facilities.

(i)

No permit for a specialized care facility shall be granted unless the proposed site plan indicates the following:

(1)

Beds not exceeding eighty (80) per gross acre of land;

(2)

A minimum of twenty-four (24) percent of the net lot area dedicated to meaningful open space; and

(3)

Of the open space required above, a minimum of one-half of the open space requirement shall be incorporated as frontage open space to provide a setting for the building, visual continuity within the community, and a variety of spaces in the streetscape, except that the frontage open space shall not be required to exceed fifty (50) square feet per one foot of public street frontage and shall not be less than twenty (20) square feet per one foot of public street frontage.

(ii)

The site plan shall be designed, to the maximum extent feasible, so that on-site parking is oriented to the building(s) in a manner that will provide convenient pedestrian access for residents, guests, and visitors.

(iii)

If a project is phased, the number and location of parking spaces provided for each phase shall be approved by the City.

c.

Minimal Care Facilities.

(i)

No permit for a minimal care facility shall be granted unless the proposed site plan indicates the following:

(1)

A minimum of twenty-four (24) percent of the net lot area dedicated to meaningful open space.

(2)

Of the open space required above, a minimum of one-half of the open space requirement shall be incorporated as frontage open space to provide a setting for the building, visual continuity within the community, and a variety of spaces in the streetscape, except that the frontage open space shall not be required to exceed fifty (50) square feet per one foot of public street frontage and shall not be less than twenty (20) square feet per one foot of public street frontage.

(ii)

The site plan shall be designed, to the maximum extent feasible, so that on-site parking is oriented to the building(s) in a manner that will provide convenient pedestrian access for residents, guests, and visitors.

(iii)

If a project is phased, the number and location of parking spaces provided for each phase shall be approved by the City.

8.

Telecommunication Towers and Facilities.

a.

Purpose. The general purpose of this section is to regulate the placement, construction, and modification of telecommunication towers and facilities in order to protect the health, safety, and welfare of the public while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace within the boundaries of the City. Specifically, the purposes of this section are:

(i)

To regulate the location of telecommunication towers and facilities within the boundaries of the City;

(ii)

To ensure that telecommunication towers and facilities are compatible with surrounding land uses;

(iii)

To minimize adverse visual impact of telecommunication towers and facilities through careful design, siting, landscaping, and innovative camouflaging or stealth techniques;

(iv)

To protect residential areas and land uses from potential adverse impact of telecommunication towers and facilities;

(v)

To promote and encourage shared use or collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

(vi)

To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunication facilities;

(vii)

To avoid potential damage to property caused by telecommunication towers and facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used; and

(viii)

To ensure that the City's regulation of telecommunication towers and facilities will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Communications Act of 1934 as amended by the Telecommunications Act of 1996.

b.

Tower/Telecommunication Facility Development Approval. Telecommunication towers and facilities shall be subject to either administrative site plan review or a special use permit review. No building permit or special use permit shall be issued until the use has been reviewed and approved in accordance with this Code and this section.

c.

Review of Telecommunication Towers and Facilities.

(i)

Administrative Site Plan Review.

(1)

Where telecommunication towers and facilities are listed as a permitted use in the M-1, M-2, M-3, C-3, or C-3 districts as identified in Table 17.20-1, the tower or facility may be reviewed through the administrative site plan review procedure as outlined in Section 17.12.070.H and as modified by Subsection (3) below.

(2)

Towers and facilities may also be reviewed through the administrative site plan review procedures of Section 17.12.070.H if the tower is located on any of the following types of properties in districts where the use would otherwise require a special use permit.

(a)

City-owned property in nonresidential zoning districts,

(b)

Public facilities in nonresidential zoning districts, or

(c)

Public utility substations in nonresidential zoning districts.

(3)

Administrative Site Plan Approval Procedure.

(a)

Applications shall be reviewed within thirty (30) calendar days of filing.

(b)

The Director shall review the application, and if the application is found to conform to all provisions of this section, as well as any and all other applicable federal, state, or City ordinances relevant to the proposed tower, the Director shall approve the application.

(c)

A decision to deny an application shall be made in writing and state the reasons for denial. Such decision will be mailed to the applicant within seven calendar days of such decision.

(d)

The Director shall deny an application on the basis that an applicant has not satisfactorily supplied the information requested by this section or that the application does not conform to any and all other applicable federal, state, or City ordinances.

(e)

Decisions of the Director may be appealed pursuant to Section 17.12.040.G.

(ii)

Special Use Permit Review.

(1)

Applications that are not subject to administrative site plan review shall be subject to the special use permit review procedure of Section 17.12.070.J.

(2)

At the public hearing on an application, the Planning Commission may, by motion, grant a special use permit if the Planning Commission finds from the evidence that:

(a)

The applicant has presented evidence satisfying the requirements of Subsection 17.12.070.J.3.c.(ii), Special Use Permit Approval Criteria;

(b)

The applicant has made diligent but unsuccessful efforts to collocate its telecommunication facilities on another tower or other antenna support structures within the necessary geographic area of the proposed tower;

(c)

There are no available existing towers or other antenna support structures within the necessary geographic area that could be utilized by the applicant instead of the proposed tower;

(d)

The site plan minimizes the adverse visual impact of the tower, other telecommunications facilities, and its accessory structures from surrounding areas as greatly as possible and otherwise complies with the intent of this section; and

(e)

The application minimizes the number and size of the towers required in the geographic area surrounding the proposed site.

(3)

A Planning Commission's decision to deny an application shall be based upon substantial evidence that shall be made part of the written record of the meeting at which a final decision on the application is rendered. In addition, written notice shall be sent to the applicant within seven days that informs the applicant as to the Planning Commission's decision.

d.

General Requirements and Design Standards.

(i)

Tower Height.

(1)

Except as otherwise provided in this chapter, no tower shall be approved with a height in excess of one hundred (100) feet.

(2)

Individual towers within a multiple tower facility shall contain varying heights, with a minimum of ten (10) feet of variation. No more than two towers within a multiple tower facility shall have the same height.

(3)

Measurement of tower height for the purpose of determining compliance with all requirements of this chapter shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height shall be measured from grade.

(ii)

Location.

(1)

Except as otherwise provided in this section, all towers shall be set back at three feet for every foot of height up to a maximum setback of two hundred (200) feet from any property line of property with a residential zoning designation. Distance shall be measured in a straight line from the proposed tower to the closest point of residentially zoned property.

(2)

Towers shall comply with all other setback requirements in this Code.

(iii)

Separation Requirements.

(1)

No tower shall be located within seven hundred fifty (750) feet of another tower. Individual towers within a multiple tower facility are exempted from this seven hundred fifty (750) foot separation requirement.

(2)

No multiple tower facility shall be located within one thousand five hundred (1,500) feet of another multiple tower facility.

(3)

Distance shall be measured in a straight line from the proposed tower to existing towers.

(4)

Rooftop mounted telecommunication facilities completely screened from view are exempted from this separation requirement.

(iv)

Antenna Array Requirements.

(1)

All towers shall accommodate more than one antenna array.

(2)

Towers greater than sixty (60) feet measured from grade elevation must accommodate at least three antenna arrays.

(3)

Towers approved by the Planning Commission for heights greater than one hundred (100) feet from grade elevation must accommodate at least five antenna arrays.

(4)

Multiple tower facilities that create a cluster effect that will visually reduce the out of character appearance of individual telecommunications facilities on separate sites are exempted from these antennae array requirements.

(v)

Regulatory Compliance. All towers, telecommunication facilities, and antenna support structures shall meet or exceed current standards and regulations of the Federal Communication Commission and any other local, state, or federal agency with the authority to regulate towers, telecommunication facilities, and antenna support structures.

(vi)

Lighting. No lighting shall be attached to towers, telecommunication facilities, and antenna support structures unless required by the Federal Aviation Administration, except that antenna arrays and antenna support structures may be utilized with City or school district ballfield lights, subject to approval by the Director.

(vii)

Advertising. The placement of any and all advertising on towers, telecommunication facilities, and antenna support structures is prohibited.

(viii)

Exterior Finish. The exterior finish, including colors, shall be subject to the approval of the Director based on surrounding development.

(ix)

Stealth Design.

(1)

All towers and multiple tower facilities shall utilize a stealth design.

(2)

Individual towers located in the M-2 or M-3 districts or located upon public utility substation property, in non-residential districts, are exempted from this requirement.

e.

Modification of Certain Requirements.

(i)

Notwithstanding the general requirements provided by this section, a modification of certain requirements may be approved by the Planning Commission as a special use. Any application filed for a telecommunication tower or facility that requests modification to those certain requirements must be processed pursuant to Section 17.12.070.J, Special Use Permit. An applicant may request a modification to the following requirements:

(1)

Tower height,

(2)

Setback distance to residential property lines (Subsection B.8.D.(ii)), or

(3)

Separation requirements (Subsection B.8.D.(iii)).

(ii)

An applicant for a multiple tower facility may request a modification to tower height and/or setback distance to residential property lines.

(iii)

Application.

(1)

In addition to the general requirements for an application for a building permit (administrative review) and a special use permit, an application for modification of tower height, setback or separation requirements shall also include the following information:

(a)

A description of how a modification will mitigate any adverse impact occurring as a result of such requirement;

(b)

A technical antenna study that documents and supports the request for modification. The technical antenna study shall be certified by an RF Specialist and shall document the existence of the facts related to the proposed modification; and

(c)

The City may require the application to be reviewed by an independent engineer to determine whether the technical antenna study supports the basis for the modification requested. The cost of review by the City's independent engineer shall be borne by the applicant.

(2)

In addition to all other required findings, the Planning Commission may grant the requested modification, upon motion, if the Planning Commission finds from the evidence that:

(a)

The tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties;

(b)

Off-site or on-site conditions exist that mitigate the adverse impacts, if any, created by the modification;

(c)

In the case of a request to modify the tower height requirement, the required technical antenna study documents and supports the request for modification;

(d)

In the case of a request to modify the setback distance requirement, the setback requirement cannot be met on the parcel of land upon that the tower is proposed to be located and the alternatives are to locate the tower at another site that is closer in proximity to residentially zoned property; and

(e)

In the case of a request to modify the separation requirement, the required technical antenna study documents and supports the request for modification.

f.

Legal Nonconforming Structures.

(i)

Towers that existed and were in compliance with all City ordinances prior to April 3, 2002, shall be considered legal nonconforming structures and may continue in existence as legal nonconforming structures. Modifications to a legal nonconforming structure are permitted as long as the modifications do not enlarge or increase such legal nonconforming structure in size.

(ii)

The co-location of additional telecommunication facilities upon an existing legal nonconforming structure is not considered a modification that enlarges or increases a legal nonconforming structure in size, so long as the space for co-location was approved as a part of the original application.

(iii)

A legal nonconforming structure may not be discontinued in use for a period of greater than ninety (90) days. If the use of a legal nonconforming structure is discontinued for a period greater than ninety (90) days, the structure shall lose its legal nonconforming status, and it shall comply with each and every term of this section, or such nonconforming tower must be dismantled and removed at the expense of the property owner.

g.

Abandonment. If any tower shall cease to be used for a period greater than one year, the City shall notify the owner and the applicant that such site will be subject to review by City Council to make a determination if such site is abandoned. If the owner fails to show that the tower has been in use or under repair during such period of time, the City Council shall issue a final determination of abandonment for the site. Upon such final determination, the owner shall have sixty (60) days to dismantle and remove the abandoned tower.

9.

Facility for Transitional Living for Released Offenders.

a.

The facility must comply on a continuing basis with all governmental licensing requirements. This condition cannot be waived.

b.

The minimum lot area shall be six thousand five hundred (6,500) square feet.

c.

The facility must be located on a parcel that is within one thousand five hundred (1,500) feet of an existing bus stop served by a regional bus system.

d.

Indoor common areas shall be provided on the basis of a minimum of fifteen (15) square feet per resident.

e.

The facility shall not be established or modified in a manner that would make it inconsistent with the scale and architectural character of the neighborhood, including applicable development standards and design guidelines.

f.

No signage, graphics, display, or other visual representation that is visible from a public street shall be used to identify the facility as a facility for transitional living for released offenders.

g.

A facility may not be located closer than one thousand five hundred (1,500) feet (measured by means of the shortest distance from property line to property line) from another facility for transitional living, group residential care facility, a halfway house for recovering alcohol and drug abusers, religious institution, school, public park, or child care facility for more than twelve (12) children.

h.

The number of occupants within a transitional living facility shall not exceed the following occupancy standards:

(i)

For the first bedroom (deemed to be the largest bedroom), a maximum of two adults (eighteen (18) years of age or older).

(ii)

For each bedroom thereafter:

(1)

A maximum of one adult for bedrooms less than one hundred (100) square feet in area, and

(2)

A maximum of two adults for bedrooms one hundred (100) square feet in area or greater.

C.

Commercial and Office Uses.

1.

Agricultural Activity. Agricultural activity is permitted in the O-L district provided that the commercial slaughtering and processing of animals shall not be conducted on premises.

2.

Animal Hospital, Clinic, or Pet Care and Boarding Facility. Animal hospitals, clinics, or pet care and boarding facilities that include outdoor animal runs, kennels, or boarding areas shall require a special use permit.

3.

Athletic Club (Outdoor).

a.

The use will be compatible with the neighborhood and will not be detrimental to the same due to either increased automobile traffic or noise generated from within the site.

b.

The minimum lot area shall be three acres.

c.

If outdoor courts or facilities include lighting fixtures, the lighting shall comply with Section 17.24.0780.

d.

Fencing of outdoor courts shall not exceed twelve (12) feet in height and the Planning Commission may require that the fencing be opaque.

e.

There shall be no shows, tournaments, or other activity that would generate more traffic than is normal to a residential area, unless access is provided fronting an arterial street as set forth in the city master plan. Permission for such shows and activities shall be obtained from the Business License Division as a special event.

f.

There shall be a landscaped fifty-foot buffer strip adjacent to any residential zoning district, or as otherwise determined by the Planning Commission.

g.

Perimeter fencing of the site may be required by the Planning Commission.

4.

Auto Title Loan Establishment.

a.

Proximity Distance Requirements:

(i)

The proposed auto title loan establishment shall be set back a minimum of one thousand (1,000) feet from all existing or approved auto title loan establishments.

(ii)

Auto title loan establishments holding a valid license on the effective date of the ordinance codified in this chapter are exempt from provisions of this section provided that they continue to maintain such valid licenses.

(iii)

The proposed auto title loan establishment shall be set back a minimum of two hundred (200) feet from any developed residential zoning district. For purposes of this section, "developed residential zoning district" means a parcel of land zoned for residential use in which construction for at least one residential unit has begun on the date the applicant applied for the special use permit.

b.

Proof of Proximity Distance Compliance Required.

(i)

The City shall not accept, nor set for hearing any request unless the applicant provides to the City one of the following with the application:

(1)

A notarized statement by the applicant that the location complies with the proximity distance requirements above, or

(2)

A survey plat prepared by a Nevada Licensed Professional Land Surveyor showing that the proposed location complies with the proximity distance requirements above.

(ii)

The minimum separation of one thousand (1,000) feet between any existing or approved auto title loan establishment shall be measured utilizing the shortest direct line distance between the primary public entrance of each establishment.

(iii)

The minimum separation of two hundred (200) feet from any developed residential zoning district shall be measured along the nearest pedestrian or vehicular route from the primary public entrance of the auto title loan establishment to the property line of the nearest developed residential zoning district.

c.

Floor Area Requirements for Auto Title Loan Establishments. The building or portion thereof that is dedicated to [the] auto title loan establishment shall have a minimum size of one thousand five hundred (1,500) square feet of building floor area.

5.

Bakery. Bakeries in the C-1, C-2, and R-A/DC districts shall not exceed four thousand (4,000) gross square feet.

6.

Bank or Financial Institution.

a.

Banks or financial institutions that are located within one hundred (100) feet of a residential zoning district shall comply with the following requirements:

(i)

The use shall be compatible with the neighborhood and shall not be detrimental to the same due to:

(1)

Increased automobile traffic,

(2)

Noise generated from within the site, or

(3)

Character of proposed building.

(ii)

The maximum gross floor area of the building shall be four thousand (4,000) square feet.

(iii)

If the bank is to include drive-through services, a maximum of two drive-through lanes shall be permitted.

7.

Child Care Facility - Group Home or Child Care Center. Child care facilities, including group homes and child care centers, may be permitted provided that they shall comply with all applicable state statutes.

8.

Community Garden.

a.

The owner of the property shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; and distribution of garden plots.

b.

The name and telephone number of the owner and any person designated as the person in-charge of garden coordination along with a copy of the operating rules shall be kept on file with the City Community Development Department.

c.

The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.

d.

There shall be no retail sales on site, except for produce grown on the site.

e.

No building or structures shall be permitted on the site unless the community garden is accessory to a use, in which case the buildings and structures shall be considered as accessory to the principal use of the lot.

f.

Benches, bike racks, raised/accessible planting beds, picnic tables, seasonal farm stands, garden art, rain barrel systems, and children's play areas may be permitted.

g.

Fences and walls shall be subject to the provisions of Section 17.24.070.

9.

Convenience Food Store with or without Gas Pumps. Convenience food stores with or without gas pumps shall be subject to the same limitations and conditions as are specified in Subsection 17.20.020C.25. for automobile service facilities. Convenience food stores without gas pumps located within the RA/PSP subdistrict shall be subject to Section 17.20.020.C.28.

10.

Deferred Deposit Loan or Short Term Loan Establishment.

a.

Proximity Distance Requirements.

(i)

The proposed deferred deposit loan or short term loan establishment shall be set back a minimum of one thousand (1,000) feet from all existing or approved deferred deposit loan or short term loan establishments, unless a waiver is approved.

(ii)

The proposed deferred deposit loan or short term loan establishment shall be set back a minimum of two hundred (200) feet from any developed residential zoning district. For purposes of this section, "developed residential zoning district" means a parcel of land zoned for residential use in which construction for at least one residential unit has begun on the date the applicant applied for the special use permit.

b.

Proof of Proximity Distance Compliance Required.

(i)

The City shall not accept, nor set for hearing any request unless the applicant provides to the City one of the following with the application:

(1)

A notarized statement by the applicant that the location complies with the proximity distance requirements above,

(2)

A survey plat prepared by a Nevada licensed professional land surveyor showing that the proposed location complies with the proximity distance requirements above, or

(3)

A request for a waiver, where available, as allowed below pursuant to Section 17.20.020.C.10.c. provided with the special use permit.

(ii)

The minimum separation of one thousand (1,000) feet between any existing or approved deferred deposit loan or short term loan establishment shall be measured utilizing the shortest direct line distance between the primary public entrance of each establishment.

(iii)

The minimum separation of two hundred (200) feet from any developed residential zoning district shall be measured along the nearest pedestrian or vehicular route from the primary public entrance of the deferred deposit loan or short term loan establishment to the property line of the nearest developed residential zoning district.

c.

Waiver of Title 17 Proximity Distance Requirements for Deferred Deposit Loan or Short-Term Loan.

(i)

A waiver of the 1,000-foot proximity distance requirement between a proposed deferred deposit loan or short term loan establishment, and any other existing or approved deferred deposit loan or short term loan establishment may be granted by the City Council upon finding that an "adequate barrier" exists between a deferred deposit loan or short term loan establishment location.

(ii)

An "adequate barrier" is defined as: an improved drainage facility, Clark County Interstate 215, US Interstate 15, other roadway with a minimum width of one hundred twenty (120) feet as shown on the Master Plan of Streets and Highways, railroad right-of-way, physical feature, or a topographical feature which prevents vehicular and pedestrian access between a deferred deposit loan or short term loan establishment.

(iii)

A topographical feature does not include any building, wall, fence or other man-made structure.

(iv)

The boundary limits of these streets, freeways and freeway crossovers are as defined by the official City of North Las Vegas, Nevada Department of Transportation and Clark County right-of-way maps for such roadways, respectively.

d.

Floor Area Requirements for Deferred Deposit Loan or Short Term Loan Establishment. The building or portion thereof that is dedicated to the deferred deposit loan or short term loan establishment must have a minimum size of one thousand five hundred (1,500) square feet of building floor area.

11.

Exterior Storage of Goods and Materials. Exterior storage of goods and materials may be permitted provided that all goods and materials are screened from view from adjacent property and rights-of-way in accordance with Section 17.24.070.E. of the development standards.

12.

Golf Course. Only golf courses open to the general public may be permitted in the PSP district.

13.

Laundry and Dry Cleaning Establishment. Laundry and dry cleaning establishments shall be limited to no more than:

a.

Two fifty-pound machines for dry cleaning and two fifty-pound machines for laundering, or

b.

One seventy-five-pound machine for dry cleaning and one seventy-five-pound machine for laundering.

14.

Establishment Requiring an "On Sale" or "Off-Sale" Liquor License.

a.

Purpose and Intent. The purpose of this section is to provide a procedure for the regulations of liquor licenses as they relate to land uses within the City. These regulations are related to the licensing requirements in Chapter 5.26 of the North Las Vegas Municipal Code and provide all land use regulations for liquor licenses.

b.

Permit Required. All liquor license uses within the City of North Las Vegas require a conditional or special use permit. Except for "off-sale" liquor locations in the R-A/DC subdistrict, all proposed "off-sale" liquor locations are required to obtain a conditional use permit. "Off-sale" liquor locations in the R-A/DC subdistrict are required to obtain a special use permit. All proposed sites that need an "on-sale" license or a restricted gaming liquor license are required to obtain a special use permit.

c.

Distance Separation Requirements.

(i)

Proximity Distance Requirements. Table 17.20-2 establishes minimum separation distances between certain uses requiring a liquor license and other specified uses.

d.

Waivers of Distance Requirements. A waiver of the proximity distance requirements outlined in Table 17.20-2 for "restricted gaming" establishment may be granted by the Planning Commission or City Council, as appropriate, under one or both of the following circumstances:

(i)

An adequate barrier exists between the two uses.

(1)

An "adequate barrier" is defined as: an improved drainage facility, Interstate 215, Interstate 15, other roadway with a minimum width of 100 feet as shown on the Master Plan of Streets and Highways, railroad right-of-way, physical feature, or a topographical feature that prevents vehicular and pedestrian access between a church, school, City-owned park, child care facility licensed for more than twelve (12) children, existing restricted gaming liquor location and the proposed restricted gaming liquor location.

(2)

A topographical feature does not include any building, wall, fence, or other man-made structure.

(3)

The boundary limits of these streets, freeways and freeway crossovers are as defined by the City of North Las Vegas.

(ii)

The location was previously approved, developed, and operated as restricted gaming, non-profit club, or "on-sale" establishment in accordance with the current or a previous zoning ordinance.

(1)

A special use permit was granted by the appropriate governing body for the use.

(2)

A business license was issued for the approved use.

(3)

A certificate of occupancy was issued for the approved use.

(4)

Upon termination of the special use, either through the special use expiring or business closure, no other use occupied the location where the special use was approved.

(5)

The new use is the same as the previously approved use.

(6)

The new use occupies the same space as the previous use with no expansion proposed.

(iii)

A waiver of the one thousand five hundred (1,500) foot and two thousand five hundred (2,500) foot proximity distance separation requirement for restricted gaming liquor locations shall not apply to establishments located within the boundaries of an approved MUD project or located within two or more MUD projects located immediately adjacent to one another but approved separately.

(iv)

A waiver of the two thousand five hundred (2,500) foot proximity distance requirement between one proposed restricted gaming liquor location and an approved or existing restricted gaming liquor location may be considered within the boundaries of a commercial center.

(v)

A waiver of the five hundred (500) foot proximity distance requirement for restricted gaming liquor locations may be considered with approval of a special use permit from the appropriate governing body for the proposed use.

e.

Proof of Proximity Distance Compliance Required.

(i)

The City shall not accept, nor set for hearing any request unless the applicant provides to the City one of the following with the application:

(1)

A notarized statement by the applicant that the location complies with the proximity distance requirements above;

(2)

A survey plat prepared by a Nevada Licensed Professional Land Surveyor showing that the proposed location complies with the proximity distance requirements above, or

(3)

A request for a waiver, where available, as allowed above provided with the special use permit.

(ii)

Such distances shall be measured utilizing the shortest direct line distance between the primary public entrance of the proposed location and the nearest property line of property to which it must be separated.

f.

Certain Uses Requiring "On-Sale" Liquor Licenses.

(i)

Generally.

(1)

Approval of a special use permit for any of the uses provided below does not constitute or imply approval of any privileged license that may be otherwise required by this Code.

(2)

Any change in location or license type as defined in Chapter 5.26 shall necessitate application for and approval of a new special use permit for the new location or license type.

(3)

The special use permit shall be null and void if the applicant fails to fulfill any and all conditions, stipulations, and limitations within the time limit allowed from the public meeting date upon which the special use permit was approved, unless an extension of time is granted by the appropriate governing body.

(4)

The special use permit shall be null and void if the applicant allows the building permit to expire.

(ii)

Establishment requiring a Beer-Wine-Spirit-Based Products On-Sale, Full Liquor On-Sale and Nonprofit Club Liquor License. In addition to any other requirements as provided by this Code or any other relevant law, Beer-Wine-Spirit-Based Products On-Sale, Full Liquor On-Sale and Nonprofit Club Liquor establishments must fulfill any and all conditions, stipulations and limitations and commence construction within two years from the public meeting date upon which the special use permit was approved.

(iii)

Restricted Gaming Liquor License. In addition to any other requirements as provided by this Code or any other relevant law, Restricted Gaming Liquor license establishments must fulfill any and all conditions, stipulations and limitations and commence construction within one year from the public meeting date upon which the special use permit was approved.

g.

Exemptions - Prior Applications. Persons who applied for or obtained either a liquor license, liquor related use permit, or liquor related use approved via a Planned Unit Development (PUD) or Mixed Use Development (MUD) application prior to the effective date of this title may, if they so choose, be subject to and governed by the requirements of Title 17 and Title 5 of the North Las Vegas Municipal Code as of the date they applied for such license or use, provided; all conditions imposed on such license or use are complied with and such license or use approval remains valid and unexpired. All such liquor licenses shall be converted as provided in Section 5.26.250 and be subject to the license fees set forth in this code. In addition to the above, mixed use developments approved via a PUD or MUD application prior to the effective date of this title and consisting of two hundred thousand (200,000) square feet of non-residential commercial floor area shall not be subject to the proximity distance requirements outlined in Section 17.24.105.C.2.

h.

Standards for "On-Sale" Liquor Licenses in a MUD-N, MUD-C, or MUD-E District. The following development standards shall apply to all "on sale" establishments located within a mixed use project in the MUD-N, MUD-C, or MUD-E districts:

(i)

Approval of a site specific conditional use permit or special use permit is required for each "on sale" establishment.

(ii)

One "on sale" establishment may be allowed for every fifty thousand (50,000) square feet of commercial floor area (gross) located within the same mixed use project.

(iii)

Mixed use projects containing less than fifty thousand (50,000) square feet of commercial floor area (gross) may be allowed a minimum of one "On Sale" establishment, provided that such establishment complies with the requirements of this section. Office uses and live/work units may count toward the commercial floor area requirement, provided that such uses are located adjacent to commercial areas.

(iv)

In order to promote family-friendly dining opportunities, the ratio of Restricted Gaming Liquor licenses to Beer-Wine-Spirit-Based Products License and/or Full Liquor Licenses within any mixed use development shall not exceed two to one (2:1).

(v)

A conditional use permit shall not be issued for an "on sale" establishment unless a minimum of fifty thousand (50,000) square feet of commercial floor area (gross) has been constructed within the mixed use project. For mixed use projects with less than fifty thousand (50,000) square feet of commercial floor area (gross), a minimum of fifty (50) percent of the proposed commercial floor area must be constructed for approval of the conditional use permit.

(vi)

Within thirty (30) days of approval of the mixed-used development, at least one sign on each frontage of the property adjacent to a public right-of-way must be installed indicating in simple and concise language the type and quantity of "On Sale" establishment(s) entitled. Such sign(s) shall also comply with the following:

(1)

Signs are for informational purposes only and must comply with all ordinances and regulations that do not conflict with these provisions.

(2)

Signs must be located not more than twenty (20) feet from the edge of the public right-of-way that it faces and must not unsafely restrict sight distances, subject to the review and approval of the North Las Vegas Traffic Engineer.

(3)

The height of the signs shall not exceed twelve (12) feet above the height of the nearest property line wall. If the sign is not located behind a property line wall, then the height of the sign shall not exceed eighteen (18) feet and the bottom of the sign to the ground must not exceed eight feet.

(4)

Signs must not be less than thirty-two (32) square feet nor more than eighty (80) square feet in surface area and must contain lettering that is not less than six inches in height.

(5)

The signs must be a freestanding sign that is firmly secured in the ground, subject to the review and approval of the North Las Vegas Building Official.

(6)

Signs must be maintained until the proposed establishment is substantially completed or the person who owns, leases or controls the property no longer intends to use, sell or lease the property for the operation of the approved "On Sale" establishment(s).

15.

Pawnshop.

a.

Proximity Distance Requirements.

(i)

The proposed pawnshop shall be set back a minimum of three linear miles from all existing or approved pawnshops. Pawnshops holding a valid license as of October 1, 2011 shall be exempt from the setback requirement provided they continuously maintain a valid license.

(ii)

The proposed pawnshop shall be located a minimum of five hundred (500) feet from any developed residential district. For the purposes of this section, "developed residential district" means a parcel of land zoned for residential use in which construction of at least one residential unit has begun on the date the applicant applied for the special use permit.

b.

Proof of Proximity Distance Compliance Required. The City shall not accept, nor set for hearing any request unless the applicant provides to the City one of the following with the application:

(i)

A notarized statement by the applicant that the location complies with the proximity distance requirements below; and a survey plat prepared by a Nevada Licensed Professional Land Surveyor showing that the proposed location complies with the above proximity distance requirements.

(ii)

Such distances shall be measured utilizing the shortest direct line distance between the primary public entrance of the proposed location and the nearest property line of property to which it must be separated.

16.

Recreational Vehicle Park and Overnight Campground.

a.

A recreational vehicle park shall be screened from view of any adjacent residential development or right-of-way as approved by the Planning Commission.

b.

Internal circulation roads, parking areas, and all driving areas shall be paved with a concrete or asphaltic concrete surface.

c.

Individual recreational vehicle parking pads shall be plainly marked and shall be at least one thousand five hundred (1,500) square feet in size.

d.

Individual recreational vehicle parking pads shall be set back at least thirty (30) feet from all property lines.

e.

Approved trash disposal and toilet facilities shall be provided for use of overnight campers.

f.

Recreational vehicles may also be subject to Subsection 17.20.020.A.2. when parked outside of a recreational vehicle park or overnight campground.

17.

Restaurant, Fast Food.

a.

Drive-thru establishments shall comply with the same standards and conditions as are specified in Section 17.24.040.K for vehicle stacking requirements.

b.

Maximum combined area of all restaurants shall not exceed ten (10) percent of the total building square footage within the C-P District, twenty (20) percent of a single building in which it is located, or two thousand (2,000) square feet, whichever is less.

c.

Fast food located within the RA/PSP subdistrict shall be subject to the conditions specified in Section 17.20.020.C.28.

18.

Retail Sales Establishment.

a.

Unless otherwise provided for in this Code, retail sales establishments shall not maintain exterior storage.

b.

Retail sales establishments that sell large items (e.g., furniture, appliances, lumber, etc.) may be permitted in the M-2 districts.

c.

Retail sales that are accessory to a manufacturing use (i.e., sale of items manufactured on site) may be permitted in the M-1 and M-2 districts but shall be limited to a maximum of twenty (20) percent of the gross floor area.

d.

Retail sales located within the RA/PSP subdistrict shall be subject to the conditions specified in Section 17.20.020.C.28.

19.

Sexually Oriented Business.

a.

Purpose. It is the purpose and intent of this section, in conjunction with Chapter 5.47 of the codified ordinance, to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the section to condone or legitimize the distribution of obscene material.

The provisions of this section complement Chapter 5.47 of the North Las Vegas Municipal Code, and the provisions of this section shall be read and interpreted in conjunction with Chapter 5.47.

b.

Locational Standards.

(i)

Setbacks. Except for those certain grandfathered establishments, prior to any consideration for zoning approval (See Subsection 17.20.020.C.19.f.) for a sexually oriented business use, an applicant for zoning approval must certify that the proposed sexually oriented business will be located a minimum of one thousand (1,000) feet from the following uses:

(1)

Child care facility,

(2)

Religious institution,

(3)

Dwelling,

(4)

Hospital,

(5)

School,

(6)

Public building,

(7)

Public park,

(8)

Building where any alcoholic liquor as defined in Chapter 5.26 is distributed,

(9)

Building where any gambling licensed pursuant to Chapter 5.20 is conducted, and

(10)

Another sexually oriented business use.

(ii)

Measurement.

(1)

The one thousand-foot setback referred to above, excepting that from schools and public parks, must be determined by a direct line measurement from the primary entrance of the structures noted in subsection (i) above, without regard to intervening structures, to the proposed primary entrance of the sexually oriented business use.

(2)

The one thousand-foot setback from schools and public parks referred to above must be measured in a direct line measurement from the proposed primary entrance of the sexually oriented business use to the property line of the school or public park.

c.

Restrictions.

(i)

Except for those certain grandfathered establishments, a person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business use within the same building, structure, or portion thereof.

(ii)

Except for those certain grandfathered establishments, a person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of a sexually oriented business use within one thousand (1,000) feet of another sexually oriented business.

d.

Signs.

(i)

Except for the existing signs of those certain grandfathered establishments, all sexually oriented business uses shall comply with Section 17.24.150, Signs.

(ii)

Any signs constructed or erected after the effective date of the ordinance codified in this section shall comply with Section 17.24.150, Signs.

(iii)

Signs for sexually oriented business uses shall not contain any emphasis, either by wording, picture, or otherwise on a matter related to sexual conduct.

(iv)

No sexually oriented business use shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to sexual conduct or specified anatomical areas, from any public way, or from any property not licensed (business license and zoning approval) as a sexually oriented business use. This provision shall apply to any display, decoration, sign, show window, or other opening.

e.

Parking.

(i)

All adult arcades and adult motion picture theaters shall provide at least one permanently maintained off-street parking space for every ninety (90) square feet of gross floor area used or intended to be used for service to the public, but in no event shall less than fifteen (15) spaces be provided.

(ii)

All adult bookstores and adult novelty businesses shall provide at least one permanently maintained off-street parking space for every three hundred (300) square feet of gross floor area used or intended to be used for service to the public.

(iii)

Except for those certain grandfathered establishments, all adult cabarets shall provide at least one permanently maintained off-street parking space for one hundred (100) square feet of gross floor area used or intended to be used for service to the public, but in no event shall less than fifteen (15) spaces be provided.

(iv)

Any other sexually oriented business use not otherwise specifically delineated in this subsection must comply with the parking requirements for commercial establishments as established by this Code.

f.

Legal Nonconforming Uses. Those certain grandfathered establishments are legal nonconforming uses to the extent provided by Chapter 5.47.

g.

Zoning Approval. Except for those certain grandfathered establishments, all sexually oriented business uses must receive zoning approval from the director as a condition of business licensure by the business license division of the finance department. Zoning approval of a sexually oriented business use by the director does not imply nor constitute approval of a business license.

(i)

The application shall contain the maps and information as may be required by the director.

(ii)

An applicant may appeal the director's refusal to grant zoning approval for a sexually oriented business use pursuant to Section 17.12.040, Appeals.

20.

Stable, Commercial.

a.

The minimum lot area shall be two and one-half acres.

b.

The proposed site shall not be adjacent to subdivided single-family residential property unless that residential property contains an equestrian easement along the contiguous boundary or through the property.

c.

Structures or facilities used for stabling, storing, showing, or training of animals shall be set back a minimum of one hundred (100) feet from any adjacent privately owned property. Dwelling units, accessory structures incidental to dwelling units, and irrigated pasturage may occur within the one hundred-foot setback area subject to the setback requirements of the applicable zoning district.

d.

There shall be a forty-foot yard adjacent to any street.

e.

There shall be no shows or other activities that would generate more traffic than is normal to a residential area, unless the proposed site has direct access fronting a major street as set forth in the city master plan. Permission for such shows and activities shall be obtained in conjunction with a special event. Notification shall be provided in a letter that explains the nature and duration of the activity, and accommodations for spectators, traffic, and additional parking for cars and trailers. This letter shall be submitted to the business license division at least one month prior to the date of the show or activity.

f.

All pasture and animal storage areas shall be enclosed with fences or walls designed to contain the animals within the enclosure.

g.

All laws applicable to the public health must be complied with for the entire period of operation of the stable.

h.

All activity, and pasture areas that are not grassed shall be treated for dust control as approved by the Director of Public Works.

i.

Adequate parking for daily activities shall be shown on the site plan and improved to City standards. Additional parking, improved as determined by the Director of Public Works, shall be provided for shows or other special events.

21.

Theater, Drive-In.

a.

Drive-in theater parking areas shall be screened from view of any residential development.

b.

Light, glare, and noise shall not impact nearby residential developments.

22.

Vehicle, Boat, or Recreational Vehicle Sales and Rental Lot.

a.

The maximum area for outdoor display shall not exceed forty (40) percent of the total lot area.

b.

Display shall be limited to paved display areas.

c.

All areas designated for vehicle storage shall be screened from view by masonry walls and approved landscape screens from the street and adjacent properties. Vehicle storage areas shall not be subject to the parking lot landscape requirements in Section 17.24.060.F.

d.

Outside display areas shall not be located at the corner of the lot on a corner lot.

e.

When located on a corner parcel, the main office, sales, service, or display building associated with the sale of the product shall be located against the front setback at the comer with the outside display areas located to the side of the main building unless the applicant can demonstrate that to do so would be infeasible.

f.

Clear glazing, intended for the viewing of interior sales display areas from the street, shall be limited to fifty (50) percent of the area of the ground floor façade facing the street and shall be located on the ground floor only.

g.

All service bay doors shall be located away from the street front and face the interior of the parcel.

23.

Vehicle Impound Yard/Automobile Impound Yard.

a.

All vehicles shall be screened from view of all streets within one hundred (100) feet of the site by a solid, decorative wall at least eight feet in height. The height of the vehicles and/or equipment shall not exceed the height of the screening wall.

b.

The dismantling and servicing of any vehicle and/or parts of a vehicle within an automobile impound yard is prohibited.

c.

All vehicles stored shall remain mechanically operable and licensed at all times.

d.

All areas for vehicular circulation and storage shall be paved with drainage controls to control and prevent excess runoff and standing water.

24.

Vehicle Repair Facility, including Boat and Recreational Vehicle Repair.

a.

All repairs shall be performed within a building.

b.

In no case shall a site plan be approved that exposes repair bays, unassembled vehicles, auto repair activities, or auto parts to any street or residential property.

c.

All vehicles awaiting repair shall be screened from view by a masonry wall or approved landscape screen.

d.

The use shall not be located adjacent to any residentially zoned property.

25.

Vehicle Service Facility.

a.

Gasoline pump islands shall be located to the interior of the parcel, away from the right-of-way. Pump islands shall be set back a minimum of fifteen (15) feet from the back of any front or side landscape area and a minimum of forty-five (45) feet from any residential zone district boundary.

b.

Hydraulic hoists, pits, and all lubrication, greasing, washing, repair and diagnostic equipment shall be used and enclosed within a building.

c.

Interior curbs of not less than six inches in height shall be constructed to separate driving surfaces from sidewalks, landscaped areas, and street rights-of-way.

d.

A solid masonry wall or planting screen shall be required between all service station sites and residentially zoned property.

e.

Service areas shall be screened from view by a masonry wall. When buildings are located at the front or side setback, all service bay doors shall be located away from the street front and face the interior of the parcel except in cases where it may be approved otherwise by the Planning Commission.

f.

Gas pump canopies shall match the primary structure in materials and color.

26.

Vehicle Washing Establishment.

a.

Vehicle Washing Establishment (Self-Service).

(i)

All wash-water disposal facilities shall conform to all City ordinances regarding sewage and health, and shall be designed so as not to detrimentally affect the City sewer system.

(ii)

Automobile washing establishments that have drive-through bays and are located on corner lots shall provide a minimum three foot high landscaped berm or decorative masonry wall along any property line where the bays face a street.

b.

Vehicle Washing Establishments (Drive-Through or Non-Self-Service).

(i)

Automobile washing establishments shall be subject to the same limitations and conditions as are specified in automobile washing establishments (self-service), Section 17.20.020.C.26.a., above.

(ii)

In no manner shall on-site employee parking interfere with or utilize the space requirements specified in automobile washing establishments (self-service).

27.

Wholesale Sales Establishment. Uses that have less than twenty-five thousand (25,000) square feet of gross floor area may be permitted in all MUD-E districts.

28.

Commercial Uses within the RA/PSP District. A maximum of fifteen (15) percent of the floor area of any building within the RA/PSP subdistrict may be dedicated to commercial activity. No exterior signage is allowed on the principal use containing the commercial activity.

29.

Marijuana Establishments.

a.

Purpose and Intent. In 2013 the Nevada Legislature passed, and the Governor signed into law, Senate Bill 374, now codified in NRS 453A, which allows medical marijuana establishments within the State of Nevada; and requires such establishments to comply with all local business licensing requirements and local land use and code requirements. Furthermore, with the passage of Question 2 in 2016, a voter initiative to legalize cannabis, known as the "Initiative to Regulate and Tax Marijuana", the sale of recreational marijuana became legal;

Federal law and related regulations classify marijuana as a Schedule I controlled substance and prohibit its cultivation, possession, dispensing and use, among other things, for medical reasons, recreational use or otherwise. This section is intended to implement NRS 453A and NRS 453D, and to establish criteria for land use entitlements that are a prerequisite for the exemption from State prosecution provided for in NRS 453A and NRS 453D;

This section is to provide a procedure for the regulations of marijuana establishments as they relate to land uses within the City. These regulations are related to the licensing requirements in Title 5 of the North Las Vegas Municipal Code and provide all land use regulations for marijuana establishments.

b.

Permit Required. All marijuana establishments within the City of North Las Vegas require a special use permit. Requests for a marijuana establishment may only be filed with the City when the applicant submits verification that an application for a license has been accepted by the Department of Taxation for the particular marijuana establishment and location. In addition, the applicant must provide evidence that the applicant owns the property on which a marijuana establishment is proposed or has written permission of the property owner to operate the proposed marijuana establishment.

c.

Distance Separation Requirements.

(i)

Proximity Distance Requirements. Table 17.20-2.1 establishes minimum separation distances between marijuana establishments and other specified uses.

NOTES:

[1] For the purposes of this section, "schools" shall be defined as preschool, or kindergarten through twelfth grade.

[2] For the purposes of this section, "community facility" shall have the meaning ascribed to it in NRS Chapter 453A and NRS Chapter 453D.

[3] For the purposes of this section, "developed residential" shall be defined as a parcel of land zoned for residential use in which construction for at least one residential unit has begun on the date the applicant applied for the special use permit.

[4] A waiver of the one thousand (1,000) foot separation requirement may be considered with approval of a special use permit from the appropriate governing body for the proposed use.

d.

Proof of Proximity Distance Compliance Required.

(i)

The City shall not accept, nor set for hearing any request unless the applicant provides to the City a survey plat prepared by a Nevada licensed professional land surveyor showing that the proposed location complies with the proximity distance requirements above.

(ii)

Such distances shall be measured utilizing the shortest direct line distance between the front door of the proposed marijuana establishment to the nearest property line of property to which it must be separated.

e.

Marijuana Establishments.

(i)

Generally.

(1)

Approval of a special use permit for any marijuana establishment does not constitute or imply approval of any privileged license that may be otherwise required by this Code.

(2)

Any change in land use, location, or license type as defined in Title 5 shall necessitate application for and approval of a new special use permit for the new land use, location, or license type.

(3)

The special use permit shall expire by operation of law and be deemed null and void if the applicant fails to fulfill any and all conditions, stipulations, and limitations within one year from the public meeting date upon which the special use permit was approved, unless an extension of time is granted by the appropriate governing body.

(4)

The special use permit shall expire by operation of law and be deemed null and void at 12:01 a.m. the calendar day after the applicant's registration certificate issued by the Department of Taxation expires.

(ii)

Marijuana Establishment License. In addition to any other requirements as provided by this Code or any other relevant law, marijuana establishments must fulfill any and all conditions, stipulations and limitations and commence operations as prescribed by the State.

f.

Standards for Marijuana Establishments.

(i)

The following development standards shall apply to all marijuana establishments:

(1)

Must be located in a separate, stand-alone building or facility.

(2)

Must be located in an appropriate zoned district.

(3)

In addition to complying with Sections 17.24.120(E) and 17.24.150, every establishment shall have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.

(4)

With the exception of the specific marijuana establishment approved as part of any special use permit, no other activity may occur within the facility.

(5)

A single entrance shall be provided for the marijuana establishment, except for additional exits that may be required to comply with life safety requirements, or as otherwise allowed by the Department of Taxation.

(6)

No outside storage on-site shall be permitted, including the use of shipping containers for on-site storage.

(ii)

In addition to all conditions in (i) above, the following development standards shall apply to all marijuana dispensaries or retail marijuana stores:

(1)

The minimum size of a marijuana dispensary or retail marijuana store shall be one thousand five hundred (1,500) square feet and shall be designed to have sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space.

(2)

Must have an appearance, both as to the interior and exterior that is professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices.

(3)

The establishment shall ensure there is no emission of dust, fumes, vapors, or odors into the environment or adjacent suites from the facility.

(4)

Windows must remain unobstructed, allowing visibility into the facility. Window tint, decals or signage of any kind shall be strictly prohibited.

(5)

Dispensaries or retail marijuana stores located within M-1, Business Park Industrial District or M-2 General Industrial District may only be permitted within the same building or upon the same property where a cultivation and/or production establishment have been approved and are currently licensed.

(iii)

In addition to all conditions in (i) above, the following development standards shall apply to all marijuana production facilities, or marijuana cultivation facilities:

(1)

The minimum size of the marijuana cultivation establishment shall be three thousand five hundred (3,500) square feet. A marijuana production establishment is exempt from this requirement.

(2)

The establishment shall ensure there is no emission of dust, fumes, vapors, or odors into the environment from the facility.

(3)

There shall be no retail sales.

(iv)

In addition to all conditions in (i) above, the following development standards shall apply to all testing laboratories:

(1)

There shall be no retail sales.

(2)

The establishment shall ensure there is no emission of dust, fumes, vapors, or odors into the environment from the facility.

g.

Dual Licensee of a Marijuana Establishment. When a marijuana establishment authorized pursuant to NRS Chapter 453D is proposed to be located within the same type establishment that is authorized pursuant to NRS Chapter 453A (e.g., marijuana dispensary or marijuana retail store), and the same type establishment has obtained a special use permit approved as of July 1, 2017, the applicable distance separation requirements shall be those that were in effect at the time the special use permit was approved by the City pursuant to NRS 453A.

30.

Tire Sales, Repair, and Mounting.

a.

Auto service or repair is not permitted with this use type.

b.

Hydraulic hoists shall be used and enclosed within a building.

c.

All tires shall be stored within the building.

d.

A solid masonry wall and landscaped planting screen shall be required between the proposed use and residentially zoned property.

e.

Service areas shall be screened from view by a masonry wall. All service bay doors shall be located away from the street front or residential land use and face the interior of the parcel.

31.

Health and Fitness Centers.

a.

Within the C-P and R-A/DC districts the maximum size may not exceed three thousand square feet.

b.

Within the M-2 district the center must be located adjacent to a one-hundred-twenty-foot right-of-way.

c.

Within the M-2 district the center must be located within five hundred feet of a residential district.

d.

Within the M-2 district the maximum size may not exceed eight thousand square feet.

D.

Industrial and Related Uses.

1.

Building Material Sales, Wholesale. All exterior storage shall be subject to the same requirements of Section 17.20.020.C.11.

2.

Manufacturing and Production (Indoors). Manufacturing and production establishments that occur within a fully enclosed building that is less than ten thousand (10,000) square feet in gross floor area may be permitted in all MUD-E districts.

3.

Materials Recovery Facility.

a.

Materials Recovery Facility, Low Intensity.

(i)

The minimum lot area shall be fifteen (15) acres.

(ii)

The maximum putrescible and non-putrescible, non-source separated solid waste that a low intensity material recovery facility may process is an average of six thousand (6,000) tons from commercial sources each month, averaged over one year, not to exceed seven thousand (7,000) tons in any one month, and not to exceed 72,000 tons in any year. Commercial sources may include apartment complexes that have centralized points of dumpster collection. Non-source separated solid waste from non-commercial sources such as industrial solid waste and other residential solid waste shall not be permitted.

(1)

All solid waste processed at the facility must contain a minimum average of fifty (50) percent recyclable material averaged over one year as calculated by the total diverted tons divided by the total incoming tons for the facility.

(2)

Source separated recyclable material shall be subject to the conditions of approval for the associated recycling center.

(iii)

Processing and Storage.

(1)

Processing of putrescible solid waste shall not take place within five hundred (500) feet of residential uses as measured from the activity to the nearest property line. Storage of recovered recyclable material shall not take place within one hundred fifty (150) feet of residential uses as measured from the activity to the nearest property line.

(2)

All areas where putrescible solid waste will be received, processed, or stored shall be located in an enclosed structure.

(3)

All areas where putrescible solid waste will be received, processed, or stored shall be paved with drainage controls to control runoff and prevent runon or the accumulation of standing water.

(4)

All putrescible solid waste shall be processed as received.

(5)

Putrescible solid waste shall be removed from the facility within twenty-four (24) hours. Non-putrescible solid waste shall be removed from the facility within one week.

(6)

An active odor control method that is approved by the City of North Las Vegas Utilities Department, the Southern Nevada Health District, and the Clark County Department of Air Quality and Environmental Management shall be employed over all processing areas.

(7)

If necessary, an active or other odor control method may be required for outdoor or indoor storage areas to control nuisance odors.

(8)

Processed recyclable material shall not be stored outside longer than six months, and shall not exceed two thousand (2,000) cubic yards of material. Materials that cannot be recycled shall be disposed of at the end of six months.

(9)

Processed recyclable material shall not be stored in piles or bins that exceed the height of the screen wall.

(10)

All outdoor storage shall be limited to non-putrescible recyclable material.

(11)

All materials that may cause a dust problem shall not be processed and shall be disposed of immediately.

(12)

Recyclable material shall be baled as to ensure no material is separated from the bale by adverse weather conditions. All material shall be baled in a secured enclosure.

(iv)

Hazardous Waste.

(1)

Hazardous waste collection and storage shall be limited to household hazardous waste.

(2)

Storage and collection of household hazardous waste shall comply with the City of North Las Vegas Fire Code, Southern Nevada Health District Regulations, Clark County air quality regulations, the Nevada Revised Statutes, and other applicable laws pertaining to such waste.

(3)

Onsite storage of used motor oil shall not exceed three thousand (3,000) gallons at any one time and shall take place in an approved storage facility.

(4)

Onsite storage of antifreeze shall not exceed one hundred (100) gallons at any one time and shall take place in an approved storage facility.

(5)

Onsite processing or recycling of household hazardous waste for reuse shall not be permitted, however onsite storage is permitted.

(6)

Such facility shall not accept polychlorinated biphenyl (PCB) or asbestos wastes.

(7)

A separate hazardous materials special use permit may be required depending upon the materials and quantities that may be collected and/or stored.

(v)

Water Filtering. Water used in the processing of solid waste shall pass through a sand/oil separator or other method as required by code or ordinance.

(vi)

Screening.

(1)

A masonry screen wall with a minimum height of eight feet as measured from the highest finished grade shall be required around the perimeter of the property. Any masonry screen wall that abuts a public street shall be decorative.

(2)

A minimum of one tree every fifteen (15) feet shall be planted in all perimeter and buffer landscaping areas.

(3)

Ground cover shall be provided as required in the landscaping standards of Section 17.24.060.

(vii)

The application for a materials recovery facility shall not conflict with any franchise agreement and must comply with said agreement.

(viii)

Low intensity materials recovery facilities shall only be considered in conjunction with a recycling center established to process source separated recyclable material that was established prior to January 1, 2006.

b.

Materials Recovery Facility, High Intensity.

(i)

The minimum lot area shall be twenty-five (25) acres.

(ii)

The maximum putrescible and non-putrescible, non-source separated solid waste that a high intensity material recovery facility may process is four thousand (4,000) tons from commercial sources each day. Commercial sources may include apartment complexes that have centralized points of dumpster collection. Non-source separated solid waste from non-commercial sources such as industrial solid waste and other residential solid waste shall not be permitted.

(1)

All solid waste processed at the facility must contain a minimum average of fifty (50) percent recyclable material averaged over one year as calculated by the total diverted tons divided by the total incoming tons for the facility.

(2)

Source separated recyclable material shall be subject to the conditions of approval for the associated recycling center.

(iii)

Processing and Storage.

(1)

Processing of solid waste shall not take place within one mile of a nonindustrial use as measured to the nearest property line.

(2)

All areas where putrescible solid waste will be received, processed, or stored shall be located in an enclosed structure with sealable points of ingress and egress.

(3)

All areas where putrescible solid waste will be received, processed, or stored shall be paved with drainage controls to control runoff and prevent runon or the accumulation of standing water.

(4)

All putrescible solid waste shall be processed as received.

(5)

Putrescible solid waste shall be removed from the facility within twenty-four (24) hours. Non-putrescible solid waste shall be removed from the facility within one week.

(6)

An active odor control method that is approved by the City of North Las Vegas Utilities Department, the Southern Nevada Health District; and the Clark County Department of Air Quality and Environmental Management shall be employed over all processing areas.

(7)

If necessary, an active or other odor control method may be required for outdoor or indoor storage areas to control nuisance odors.

(8)

Processed recyclable material shall not be stored outside longer than one year, and shall not exceed six thousand (6,000) cubic yards of material. Materials that cannot be recycled shall be disposed of at the end of one year.

(9)

Processed recyclable material shall not be stored in piles or bins that exceed the height of the screen wall.

(10)

All outdoor storage shall be limited to non-putrescible recyclable material.

(11)

All materials that may cause a dust problem shall not be processed and shall be disposed of immediately.

(12)

Recyclable material shall be baled as to ensure no material is separated from the bale by adverse weather conditions. All material shall be baled in a secured enclosure.

(13)

The provisions of subsection 3.a. (hazardous waste for low-intensity facilities) shall apply to high-intensity materials recovery facilities.

(14)

Water used in the processing of solid waste shall pass through a sand/oil separator or other method as required by code or ordinance.

(iv)

Screening.

(1)

A masonry screen wall with a minimum height of ten (10) feet as measured from the highest finished grade shall be required around the perimeter of the property. Any masonry screen wall that abuts a public street shall be decorative.

(2)

A minimum of one tree every fifteen (15) feet shall be planted in all perimeter and buffer landscaping areas.

(3)

Ground cover shall be provided as required in the landscaping standards in Section 17.24.060.

(v)

Conflict with Franchise Agreement. The application for a materials recovery facility shall not conflict with any franchise agreement and must comply with said agreement.

4.

Mini-Warehousing Establishment.

a.

The minimum lot area shall be one acre.

b.

On-site circulation, drives, and parking shall comply with the following:

(i)

Each mini-warehouse site shall provide a minimum of two exits.

(ii)

All one-way driveways shall provide for one ten-foot parking lane and one fifteen-foot travel lane. Traffic direction and parking shall be designated by signing or painting.

(iii)

All two-way driveways shall provide for one ten-foot parking lane and two twelve-foot travel lanes.

(iv)

The parking lanes may be eliminated when the driveway does not serve storage cubicles.

(v)

At least one parking space for each fifty (50) storage cubicles, equally distributed throughout the storage area shall be provided. Two additional parking spaces shall be provided for an on-site care-taker/manager. Five additional parking spaces shall be located on the exterior of the screen wall for customer parking.

(vi)

All driveways, parking, loading and circulation areas shall be paved with concrete, or asphaltic concrete.

c.

Fencing and Screening.

(i)

A masonry screen wall shall be required around the perimeter of the storage area. All storage units with access from the exterior of the building shall be located behind the screen wall unless otherwise approved by the Planning Commission. However, ornamental gates may be used for ingress and egress. Additionally, a total of thirty (30) linear feet of ornamental fencing may be allowed adjacent to the primary customer ingress and egress gates.

(ii)

All outdoor storage shall be limited to recreational vehicles and shall be screened from view from surrounding properties.

d.

No auctions, commercial sales, garage sales, or similar activities shall be conducted on the premises.

e.

Residential uses may be permitted in connection with office/watchman purposes.

5.

Recycling Center.

a.

Not less than one-half of the materials processed (by tonnage) in any calendar year shall be paper, either corrugated or non-corrugated;

b.

None of the materials so processed shall be ferrous metals;

c.

All such materials shall have been separated at the source from all but residual solid waste;

d.

The sources of all such materials so processed shall be other business establishments pursuant to agreements and/or purchase orders entered into with such other business establishments;

e.

Such facility shall not be open to the general public for any transactions;

f.

No more than ten (10) percent of such materials processed (by tonnage) in any calendar year by such facility shall be residual solid waste; and

g.

The establishment shall have received its initial business-license from the City for its present location no earlier than January 1, 2001.

6.

Warehouse. Warehouses in the C-3 district shall not occupy more than forty (40) percent of the floor area of any building.

E.

Other Uses.

1.

Live/Work Units.

a.

The City may approve live/work units as part of a MUD district where the primary use of the structure is a nonresidential use allowed in the applicable MUD district but where a dwelling unit is attached and associated with such nonresidential use.

b.

Live/work units shall be subject to the following standards:

(i)

Live/work units shall only be permitted in areas where designated for such uses in the MUD approval.

(ii)

Any nonresidential use permitted in the applicable MUD is permitted in the live/work unit unless otherwise prohibited in the MUD approval.

(iii)

Live/work units at street level are prohibited on the same block face where residential-only uses are permitted.

(iv)

A minimum of seventy-five (75) percent of a structure's street front façade at street level shall be occupied by nonresidential uses.

(v)

Parking shall be prohibited in front of the building unless located on an approved driveway.

(vi)

Within each live/work unit, the living area shall not exceed one-third of the total floor area of the unit.

2.

Vertical Mixed Use. Vertical mixed use buildings in the C-1 and C-2 district shall be subject to the mixed use development standards of Section 17.24.110.

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011; Ord. No. 2611, § 1, 5-16-2012; Ord. No. 2630, §§ 1, 2, 6-19-2013; Ord. No. 2643, § 1, 12-18-2013; Ord. No. 2669, § 3(b), 6-18-2014; Ord. No. 2678, § 1, 7-16-2014; Ord. No. 2685, § 3(2), 8-6-2014; Ord. No. 2730, §§ 3, 4, 10-21-2015; Ord. No. 2734, § 1, 12-2-2015; Ord. No. 2742, § 2, 1-20-2016; Ord. No. 2760, §§ 3—5, 6-15-2016; Ord. No. 2818, § 1, 8-2-2017; Ord. No. 2849, § 3, 12-20-2017; Ord. No. 3018, §§ 1—5, 5-20-2020; Ord. No. 3048, §§ 6—8, 1-20-2021; Ord. No. 3115, § 2, 4-20-2022; Ord. No. 3131, § 1, 7-20-2022; Ord. No. 3137, §§ 2, 3, 7-20-2022; Ord. No. 3196, § 2, 12-20-2023)

A.

Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The intent of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, they comply with the standards set forth in this section, and they do not create adverse impacts on surrounding lots or sites.

B.

General Standards and Limitations for Accessory Uses.

1.

Accessory uses and structure in all districts shall:

a.

Directly serve the principal use or structure;

b.

Be accessory and clearly incidental to the principal use or structure;

c.

Be clearly subordinate in area, extent, and purpose to the principal use or structure;

d.

Be considered an integral part of the principal building if it is connected to the principal building by a covered passageway;

e.

Be owned and operated by the same person as the owner of the principal use or structure;

f.

Be located on the same lot as the principal use or structure;

g.

Be in compliance with all setback requirements established in Section 17.24.010, Site Dimensional Standards;

h.

Not violate the bulk, density, parking, landscaping, or open space standards of this Code when taken together with the principal use or structure;

i.

Be subject to Section 17.24, Development Standards;

j.

Not exceed the height of the principal structure, except for those structures exempt from the height requirements of this Code;

k.

Not be stored or constructed between the front lot line and front setback line except for allowable encroachments into setbacks as set forth in this Code.

l.

Not be constructed in a utility easement;

m.

Not be constructed or established prior to the time the principal use or structure is constructed or established, except as a special use;

n.

Be subject to all applicable building permit and business license requirements of the City;

o.

Meet the setback requirements of the main building for the front yard area except for fencing and walls; and

p.

With the exception of fencing and walls, maintain a minimum of five feet separation from the principal structure unless otherwise stated.

C.

Table of Permitted Accessory Uses.

1.

Symbols in Table. The symbols used in the use table are defined as follows:

a.

Permitted Uses (P).

(i)

A "P" in a cell indicates that an accessory use is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final "additional requirements" column of Table 17.20-3.

(ii)

A "P" in a cell under a PUD/PID, MUD-N, MUD-C, MUD-E, or PCD zoning district is subject to compliance with the use-specific standards set forth in the final "additional requirements" column of Table 17.20-3 and applicable development plans and development agreements.

(iii)

Permitted uses are subject to all other applicable standards of this Code, including Section 17.24, Development Standards.

b.

Conditional Uses (C). A "C" in a cell indicates that an accessory use is allowed as a conditional use in the respective zoning district subject to compliance with the use-specific standards set forth in the final "additional requirements" column of Table 17.20-3 and approval as a conditional use in accordance with Section 17.12.070.I. Conditional uses are subject to all other applicable standards of this Code, including Section 17.24, Development Standards.

c.

Special Uses (S). A "S" in a cell indicates that an accessory use is allowed as a special use in the respective zoning district subject to compliance with the use-specific standards set forth in the final "additional requirements" column of Table 17.20-3 and approval of a special use permit in accordance with Section 17.24.070.I. Special uses are subject to all other applicable standards of this Code, including Section 17.24, Development Standards.

d.

Prohibited Uses (Blank Cells). A blank cell indicates that the listed use type is prohibited in the respective zoning district.

e.

Use-Specific Standards. A blank cell indicates that the listed accessory use is prohibited in the respective zoning district.

f.

Unlisted Uses. If an application is submitted for a use that is not listed in Table 17.20-3, the Director is authorized to classify the new or unlisted use, with consultation from appropriate City departments, into an existing use type that most closely fits the new or unlisted use. If no similar use determination can be made, the Director shall refer the use to the Planning Commission, who may initiate an amendment to the text of this Code to clarify where and how the use should be permitted.

D.

General Standards Applicable to Residential Accessory Uses and Structures.

1.

Detached Accessory Structures. All detached accessory structures shall meet the following setback requirements.

a.

A detached structure shall meet the setback requirements of the main building for the front yard area.

b.

A detached structure shall maintain a minimum of five feet separation from the main structure.

2.

The following standards shall apply to accessory uses in all residential zoning districts unless otherwise specified:

a.

No accessory building or detached private garage for single-family homes shall occupy more than twenty-five (25) percent of the rear yard nor exceed six hundred (600) square feet of floor area except as below:

i.

Garages that exceed the maximum area may be allowed if approved as a special use pursuant to Section 17.12.070.J.

ii.

Single-family homes located on lots with a minimum area of fifteen thousand (15,000) square feet may be allowed an accessory building not to exceed one thousand two hundred (1,200) square feet in area.

iii.

Single-family homes with a minimum lot area of six thousand (6,000) square feet may be allowed one guest house/casita-not to exceed twenty-five (25) percent of the living area of the principal dwelling or eight hundred (800) square feet, whichever is less.

b.

The total square footage of all accessory buildings, detached garages, or casitas shall not occupy more than twenty-five (25) percent of the rear yard.

c.

Canopies or roofs attached to the principal building or connecting the principal building with a detached accessory building may extend into a required rear or side yard provided that portions of such structures extending into the yard:

i.

Shall not exceed twelve (12) feet in height or project closer than five feet to a side or rear lot line measured to the supporting posts with a maximum two-foot overhang.

ii.

Shall be entirely open on at least three sides except for necessary supporting columns; except that a roof connecting a principal building and an accessory building shall be open on two sides.

iii.

Shall not exceed thirty-three (33) percent of the yard area for the required rear or side yard.

3.

In addition the above standards, the following standards shall apply to buildings that are accessory to multifamily principal uses in the R-2, R-3, R-4, R-A/R-2, R-A /R-3, R-A/R-4 districts and to any multifamily principal uses in the PUD, PCD, or MUD districts.

a.

Accessory buildings shall observe the same setback requirements established for the multifamily building except that accessory storage buildings located within the rear yard of the multifamily building may be located to within five feet of the rear or interior side property line. The City Council or Planning Commission may require common walls for accessory buildings on the same lot where common walls will eliminate unsightly and hazardous areas.

b.

Accessory buildings on the same lot shall otherwise be separated by a distance of not less than ten (10) feet.

c.

Exteriors of accessory buildings shall have an exterior finish compatible with the main structure. Compatibility shall be determined by the City based on the type and use of building materials.

E.

General Standards Applicable to Nonresidential Accessory Uses and Structures.

1.

All accessory uses and structures shall be subject to Section 17.24, Development Standards.

2.

Accessory uses in the PSP, C-P, C-1, C-2, C-3, M-1, M-2, and M-3 districts shall be subject to review and approval as part of the minor or major site plan review process, as applicable.

3.

Accessory uses in the R-A/DC or R-A/PSP shall be subject to review and approval as part of the minor or major site plan review process, as applicable.

F.

Accessory Use-Specific Standards.

1.

Accessory Convenience Uses.

a.

The use shall be designed to be accessory to and integrated into the applicable development. The use shall be generally located within the center of the development with convenient access by all residents. It is intended that the site be designed and that the use be located to accommodate pedestrians only. The use shall not be exposed to or visible from surrounding properties or rights-of-way.

b.

A maximum of six hundred (600) square feet may be allocated for the use within a development approved for up to two hundred (200) dwelling units. An additional six hundred (600) square feet is allowed for each additional two hundred (200) units. Under no circumstance shall the accessory convenience use exceed one thousand eight hundred (1,800) square feet per development.

c.

Signs of any type advertising the use, products, and/or services shall be prohibited.

d.

Outdoor display of any products or services shall be prohibited.

e.

All activities associated with the use shall take place within the building.

f.

The use may not occupy any area that is necessary for the development to comply with the open space requirements. The applicant shall provide graphic illustrations, as deemed necessary by staff, to demonstrate compliance.

g.

The use shall be managed and operated by the Homeowners' Association or the management company overseeing the property.

h.

Additional exterior lighting shall be prohibited.

i.

The hours of operation and deliveries shall be between 6:00 am and 10:00 pm.

j.

The approved parking plan and site design shall not be disrupted by the use. No parking spaces shall be specifically allocated to the use.

k.

A business license shall only be issued after a minimum one hundred (100) units have been occupied. The applicant shall provide necessary documentation to verify such at the time of business license application.

l.

When the use is identified as a daycare center, it shall only provide services to residents and employees of the development and shall not be open to the general public.

m.

The sales of beer, wine, liquor, tobacco, spray or liquid paint, auto supplies or accessories, pets or animals, and appliances shall be prohibited. Any uses that include preparing food items, puncturing of the skin, and emitting noise or odors shall be prohibited. Any type of gaming or massage establishment shall be prohibited.

2.

Accessory Dwelling Units.

a.

Accessory Dwelling Units in Nonresidential Districts.

(i)

One accessory dwelling unit may be permitted in association with a nonresidential use to allow for quarters for security or related personnel.

(ii)

The gross floor area associated with an accessory dwelling unit shall be at least two hundred (200) square feet, but shall not exceed eight hundred (800) square feet, except for a tiny house, which shall not exceed four hundred (400) square feet.

b.

Accessory Dwelling Units in PUD/PID, Any MUD, and PCD Districts. Accessory dwelling units for residential dwelling units may be allowed in PUD/PID, any MUD, and PCD districts subject to approval pursuant to the individual review procedure, applicable development agreements and plans, and the following standards:

(i)

Nothing in this subsection shall be construed to prevent an accessory dwelling unit form being located within or inside a principal dwelling structure.

(ii)

Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.

(iii)

The gross floor area associated with an accessory dwelling unit shall be at least two hundred (200) square feet, but shall not exceed fifty (50) percent of the gross floor area of the principal dwelling unit, or eight hundred (800) square feet, whichever is less. A tiny house shall not exceed four hundred (400) square feet.

(iv)

There shall be no more than one accessory dwelling unit on a lot.

(v)

At least one off-street parking space shall be provided for an accessory dwelling unit in addition to the required off-street parking serving the principal use, but in no instance shall more than two off-street parking spaces be provided with an accessory dwelling unit.

(vi)

Accessory dwelling units shall not count toward maximum residential density requirements.

(vii)

Exterior building materials shall be durable, of the same, or higher, quality as surrounding developments, and shall not adversely impact adjacent uses. When the principal structure is predominately brick or stone, the introduction of smooth wood or fibrous cement siding is appropriate to reinforce the ancillary and subordinate nature of the accessory dwelling unit.

(viii)

Accessory dwelling units shall not be sold apart from the principal dwelling unit.

(ix)

Home occupations shall be prohibited within an accessory dwelling unit.

c.

Accessory Dwelling Units in the O-L, R-E, R-EL, and R-1. Accessory dwelling units in the O-L, R-E, R-EL, and R-1 district shall only be permitted if they meet the following conditions and are approved pursuant to a special use review:

(i)

The lot shall have a minimum area of six thousand (6,000) square feet and the principal use shall be a single-family dwelling.

(ii)

The accessory dwelling unit shall contain kitchen and restroom facilities for the occupant.

(iii)

Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.

(iv)

The gross floor area associated with an accessory dwelling unit shall be at least two hundred (200) square feet, but shall not exceed fifty (50) percent of the gross floor area of the principal dwelling unit, or eight hundred (800) square feet, whichever is less. A tiny house shall not exceed four hundred (400) square feet.

(v)

In order to limit increases in density within the applicable zoning districts, no accessory dwelling unit shall be located within three hundred (300) feet of another accessory dwelling unit.

(vi)

There shall be no more than one accessory dwelling unit on a lot.

(vii)

At least one off-street parking space shall be provided for an accessory dwelling unit in addition to the required off-street parking serving the principal use, but in no instance shall more than two off-street parking spaces be provided with an accessory dwelling unit.

(viii)

Accessory dwelling units shall not count toward maximum residential density requirements.

(ix)

Exterior building materials shall be durable, of the same, or higher, quality as surrounding developments, and shall not adversely impact adjacent uses. When the principal structure is predominately brick or stone, the introduction of smooth wood or fibrous cement siding is appropriate to reinforce the ancillary and subordinate nature of the accessory dwelling unit.

(x)

Accessory dwelling units shall not be sold apart from the principal dwelling unit.

(xi)

Home occupations shall be prohibited within an accessory dwelling unit.

3.

Child Care Facility - Child Care Center, Family Day Care Home, or Family Home.

a.

Child care centers may be permitted as an accessory uses when the center will be accessory to an institution.

b.

Child care centers, family day care homes, or family home child care facilities shall comply with all applicable state statutes.

4.

Community Garden.

a.

Community gardens may be allowed as an accessory use when associated with a use type that falls within the "institutions" or "public and civic uses" use categories.

b.

Community gardens shall be subject to the provisions of Section 17.20.020.C.8, Community Gardens.

5.

Drive-Through Establishments.

a.

For all MUD districts with commercial gross floor areas less than sixty thousand (60,000) square feet, only one restaurant with a drive-through service lane, with a maximum gross floor area of four thousand (4,000) square feet is allowed.

b.

For all MUD districts with commercial gross floor areas greater than sixty thousand (60,000) square feet, up to ten (10) percent of the total commercial gross floor area may be restaurants with drive-through service lanes.

c.

All drive-through establishments shall be located to the rear or side of the building, away from public rights-of-way, to the maximum extent practicable.

6.

Garage Conversions. The conversion of a garage to living area shall comply with the following standards:

a.

The use shall be compatible with the neighborhood and the following findings must be made:

(i)

At least three other conversions from the garages or carports to living area have been legally permitted within a three hundred-foot radius of the subject property, or

(ii)

A minimum of three houses within a three hundred-foot radius of the subject property were not originally constructed with carports or garages.

b.

The living area shall not be used to provide the house with a second kitchen or to allow for a second dwelling unit.

c.

Garage conversions are permitted in the R-E, Ranch Estates and R-EL, Ranch Estates Limited districts with a concurrent application for another garage.

d.

A parking area sufficient for two vehicles off-street parking places with minimum dimensions of eighteen (18) feet in width by twenty (20) feet in length shall be provided with no vehicle parking on any sidewalk area or front lot area with the exception of the designated driveway as shown on the special use application.

7.

Home Occupations.

a.

Purpose and Intent. It is the intent of this section to provide a procedure for utilization of the premises of any dwelling unit, including a single-family attached or detached dwelling, mobile home, tiny house, two-family dwelling unit, or multi-family dwelling unit for limited commercial purposes that shall meet the standards set forth in this section. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations in this section are intended to insure compatibility with uses permitted in the residential districts while maintaining the residential character of the neighborhood. A clearly secondary or incidental status in relation to the residential use of the dwelling unit must be shown by the applicant for a home occupation to be approved.

b.

Standards and Provisions.

(i)

Definition of Home Occupation.

(1)

A home occupation is any accessory use that consists of an occupation or profession operated by a person or persons living within a dwelling unit.

(2)

A home occupation does not include such events as garage or yard sales nor parties held to take orders for goods or services.

(ii)

Home Occupations and Offices as Home Occupations.

(1)

All home occupations, except offices as home occupations in two-family dwelling units, tiny houses, and multi-family dwelling units, shall comply with the standards and provisions set forth in subsection (iii) of this section.

(2)

Offices as home occupations in two-family, tiny houses, and multi-family dwellings shall conform to the standards and provisions of subsection (iv) of this section.

(iii)

Home Occupations. Home occupations, except for offices, shall be subject to the following standards and provisions:

(1)

Except as otherwise provided, the home occupation shall be operated solely within the dwelling unit. A home occupation that is mobile and for which an office and address are established at the location of the dwelling unit, is permitted.

(2)

One person not a resident of the premises may be employed to assist in the home occupation. However, nothing in these provisions shall prevent persons who do not reside on the premises from assisting in those aspects of a home occupation that are off-premises.

(3)

Those home occupations that occupy more than ten (10) percent of the floor area of a dwelling unit shall be subject to the provisions of the International Building Code. Floor area shall be construed as that area of a dwelling unit bounded by the exterior walls or fire walls of the dwelling unit.

(4)

There shall be no external alteration of the residential appearance of a dwelling unit.

(5)

There shall be no direct selling or leasing of stock or delivery of stocks of merchandise, supplies, or products on, to, or from the premises.

(6)

There shall be no disturbance such as noise, vibration, electrical interference, smoke, dust, odor, heat, or glare beyond the lot lines or beyond the confines of the dwelling unit.

(7)

At or in front of the dwelling unit of the home occupation, there shall be no exterior display, no exterior storage of merchandise, inventory, equipment or materials, no exterior deposition of waste materials, except that which is placed at the curb the day of garbage pickup, no window display, including signage on the dwelling unit or vehicles, no house calls, nor other indication from the exterior that a dwelling unit is being used in part for any use other than that of a dwelling unit for purely residential purposes.

(8)

There shall be no toxic, explosive, flammable, combustible, corrosive, etiologic, or radioactive materials, used or stored on the premises, except that which is generally used for residential purposes.

(9)

The parking or storage of equipment and vehicles such as tractors, semi-truck tractors or trailers, heavy equipment such as construction equipment, and commercially licensed vehicles with six wheels or more shall be prohibited at or in front of the dwelling unit of the office home occupation. Commercially licensed vehicles with fewer than six wheels shall be parked in adequate sized off-street parking spaces that meet the requirements of this Code.

(10)

The required number of off-street parking spaces for the dwelling unit to which the home occupation is accessory, shall be provided. The home occupation shall not reduce nor render unusable, areas provided for required off-street parking.

(11)

All home occupations shall obtain and thereafter maintain a current business license.

(12)

A home occupation permit shall be obtained from the community development department prior to establishing a home occupation. Home occupations shall, on occasion, be subject to inspection to determine compliance with these provisions.

(13)

There shall be no advertising of the home address in the phone book, newspapers, flyers, or business cards.

(iv)

Offices as a Home Occupation.

(1)

The home occupation shall be operated solely within the dwelling unit. A home occupation that is mobile and for which an office and address are established at the location of the dwelling unit is permitted. Nothing in these provisions shall prevent persons who do not reside on the premises from assisting in those aspects of a home occupation that are off-premises.

(2)

There shall be no external alteration of the residential appearance of a dwelling unit.

(3)

There shall be no direct selling or leasing of stock, or delivery of stocks of merchandise, supplies, or products on, to, or from the premises shall be limited to vehicles with fewer than six wheels.

(4)

There shall be no disturbance such as noise, vibration, electrical interference, smoke, dust, odor, heat, or glare beyond the confines of the dwelling unit. At or in front of the dwelling unit of the home occupation, there shall be no exterior display, exterior storage of merchandise, inventory, equipment or materials, exterior deposition of waste materials, except that which is placed at the curb the day of garbage pickup, window display, including a sign visible from outside the dwelling unit, house calls, nor other indication from the exterior that a dwelling unit is being used in part for any use other than that of a dwelling unit for purely residential purposes.

(5)

There shall be no toxic, explosive, flammable, combustible, corrosive, etiologic, or radioactive materials, used or stored on the premises, except that which is generally used for domestic purposes.

(6)

The parking or storage of equipment and vehicles such as tractors, semi-truck tractors or trailers, heavy equipment such as construction equipment, and commercially licensed vehicles with six wheels or more shall be prohibited at or in front of the dwelling unit of the office home occupation. Commercially licensed vehicles with fewer than six wheels shall be parked in adequate sized off-street parking spaces that meet the requirements of this Code.

(7)

The required number of off-street parking spaces for the dwelling unit to which the home occupation is accessory, shall be provided. The home occupation shall not reduce nor render unusable, areas provided for required off-street parking.

(8)

No home occupation shall allow for customers or clients to visit the dwelling for business purposes.

(9)

All home occupations shall obtain and thereafter maintain a current business license.

(10)

A home occupation permit shall be obtained from the community development department prior to establishing a home occupation. Home occupations shall, on occasion, be subject to inspection to determine compliance with these provisions.

(11)

Home occupations shall, on occasion, be subject to inspection to determine compliance with these provisions.

(12)

There shall be no advertising of the home address in the phone book, newspapers, flyers, or business cards.

(v)

Prohibited Uses and Activities. The following uses and activities shall be prohibited at the location of the home occupation:

(1)

Ambulance service;

(2)

Animal service including a veterinarian establishment, animal grooming business, kennel, or establishment for the boarding of animals;

(3)

Appliance repair shop for large appliances such as but not limited to clothes washers and dryers, cooking ranges, refrigerators and freezers, and dishwashers;

(4)

Barber shop;

(5)

Beauty parlor, including a manicurist and cosmetologist;

(6)

Limousine service;

(7)

Machine shop;

(8)

Manufacturing;

(9)

Mobile vendors/caterers;

(10)

Office of a person in a healing profession except persons in meta-physical practices such as energy alignment, color and aroma therapy, and reflexology;

(11)

Painting of vehicles, trailers or boats;

(12)

Restaurants;

(13)

Tattoo parlor;

(14)

Vehicle and motorized equipment repair, including part sales or detailing, vehicle washing, and large and small engine repair; or

(15)

Welding shop.

8.

Indoor Food Sales. Indoor food sales occurring as an accessory use shall comply with the following standards:

a.

The square footage used by the accessory use, including preparation, sales, and storage, but not including dining, shall not exceed thirty (30) percent of the principal use.

b.

To the maximum extent practicable, food sales areas shall be internal to the principal use they serve.

c.

The entrance to the food sales area shall be via the principal use it serves and shall not have dedicated off-street parking areas or signage.

9.

Keeping of Chickens. The keeping of up to four chickens is permitted provided that:

a.

The principal use is a single-family dwelling;

b.

No person shall keep any rooster;

c.

No person shall slaughter any chickens;

d.

The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times; and

e.

No enclosure shall be located closer than twenty-five (25) feet to any residential structure on an adjacent lot or shall comply with the setbacks of the applicable zoning district, whichever is greater.

10.

Keeping of Domesticated Animals.

a.

In the O-L district, the keeping and raising of domesticated farm animals shall be permitted on a lot provided that such accessory use does not exceed the combination of the following densities of animals:

(i)

Horses, mules, donkeys, and cows: One per seven thousand five hundred (7,500) square feet of lot area;

(ii)

Sheep and goats: One and one-half per seven thousand five hundred (7,500) square feet of lot area;

(iii)

Pigs: Three per lot with a minimum lot size of five acres; or

(iv)

All other domesticated mammals and birds: Twelve (12) per acre.

b.

In the R-E district the keeping and raising of domesticated farm animals, except swine and roosters, shall be permitted as an accessory use provided that there shall be no more than one animal per seven thousand five hundred (7,500) square feet of lot area with a minimum ten-foot setback from any property line and/or residential building.

11.

Personal Services. Personal service uses occurring as an accessory use shall comply with the following standards:

a.

The square footage used by the accessory use, including sales and storage, shall not exceed thirty (30) percent of the principal use.

b.

To the maximum extent practicable, the personal service use shall be internal to the principal use it serves.

c.

Entrances to the personal service use shall be via the principal use it serves and shall not have dedicated off-street parking areas or signage.

12.

Swimming Pools and Spas. All private or semi-private swimming pools and spas shall meet the following standards:

a.

Swimming pools or spas may be placed closer than three feet to any structure, or vice-versa, provided that a minimum three-foot setback is maintained to the property line and provided that adequate information, including plans, calculations, and details, are provided to and approved by the building official, prior to the installation of the pool, spa, or structure. Plans may be required to be prepared by a Nevada registered engineer or architect.

b.

Pools and spas shall not be located between the front property line and the front building setback line.

c.

All pool and spa equipment, structures, and appurtenances thereto shall be set back a minimum of ten (10) feet from the nearest dwelling on an adjoining property. Additionally, such equipment or structure shall not be located between the front property line and the front building setback line. Exceptions to this minimum ten-foot setback will be considered. With the compliance of building and fire code requirements, the building official can approve exceptions to the setback requirements for sound-proof pool equipment housing and pumps that have been designed for noise reduction. All other exceptions may be considered on an individual basis by variance.

d.

All swimming pools and spas shall be enclosed as required by the building code.

e.

The total water surface area for all pools and spas on any lot shall not be greater than six hundred (600) square feet.

13.

Truck and Trailer Rental.

a.

The rental of single unit trucks and small utility trailers shall be permitted as an accessory use to a mini-warehousing facility, or other commercial businesses provided the rental business is conducted out of the same office as the mini-warehousing or commercial business.

b.

No trucks or trailers shall be displayed in public view, and the combined total of all trucks and trailers stored on site shall not exceed a ratio of two trucks/trailers for each one hundred (100) storage units, or a total of six trucks/trailers for other types of commercial businesses.

c.

All trucks and trailers shall be screened from public rights-of-way or adjacent properties when screening is required for the principal use of the property (e.g., mini-warehousing, vehicle service facility, nursery sales). Otherwise, all trucks and trailers shall be located so as to comply with subsection b. above.

d.

One off-street parking space to allow the storage of each rental vehicle/trailer is required in addition to the required parking for the principal use.

e.

The rental use is not entitled to separate signage. Signage shall use the existing freestanding or wall sign and shall not exceed twenty-five (25) percent of the total sign area allowed for the principal business.

14.

Additional Security Measures. The uses of security measures are meant to serve the purpose of safeguarding and protecting property against unauthorized entry and to deter criminal activities. The use of security guards, security services, security cameras, or live landscape plant materials are the preferred methods for use as security measures. However, in instances where such methods are not practicable or desired, then an applicant must demonstrate compliance with the following in order to install additional security measures:

a.

Additional Security Measures may only consist of an electric fence, or specialty designed wrought iron fence making it difficult to climb in or out of the property.

b.

If the additional security measures are proposed to be installed on a shared property line, all property owners must sign the application or provide a signed letter in support of the security measures.

c.

Additional security measures are not allowed adjacent to any property with a residential or commercial zoning designation, with the exception that specialty designed wrought iron fence making it difficult to climb in or out of the property will be allowed.

d.

Except for a specialty designed wrought iron fence making it difficult to climb in or out of the property, additional security measures must be attached to a solid masonry wall or located behind an approved wall or fence.

e.

Additional security measures are prohibited adjacent to a public street or in any landscaped area with a width of less than ten (10) feet separating the proposed security measures from the public street, with the exception that specialty designed wrought iron fence making it difficult to climb in or out of the property will be allowed.

f.

Any use of security measures must comply with the height requirements for fences and walls.

g.

If an electric fence is proposed to be attached to a wall, the lowest strand of wire shall be at least six feet above the ground and the overall height of the electric fence must not exceed a total height of three feet.

h.

It must be demonstrated by the applicant, and approved by the Police Department that the use of additional security measures are necessary to safeguard the property against unauthorized entry, to protect stored goods and products from theft and/or other unauthorized handling.

i.

The use of additional security measures must not interfere with or pose a hazard to emergency personnel, and shall require both Police and Fire Department approval.

j.

Any fencing material used for security measures must be maintained and be kept clear of debris at all times.

15.

Portable Vending.

a.

No signage advertising the vending facility, including temporary signage, is allowed on the property, except for signage which is affixed to the vending facility.

b.

The vending facility may not block exits or pedestrian/traffic areas.

c.

The vending facility must maintain a minimum 20-foot setback from a residential property line.

d.

The site must be kept free of any litter or debris at all times.

e.

No vending facility may be allowed within the public right-of-way.

f.

No additional parking is required for the vending facility.

g.

The vending facility shall not occupy required parking or landscaped areas.

h.

The vending facility shall not exceed an outside dimension of eight feet in width by sixteen (16) feet in length.

16.

Short-term Rentals. (Violations of any of these requirements, may result in a revocation of the business license)

a.

Only the property owner may apply for the conditional use permit.

b.

With the exception of owner-occupied units where multiple individual room rentals are permitted, only one reservation for the whole residential dwelling unit at a time is allowed.

c.

The proposed short-term rental must comply with the six-hundred-sixty-foot separation requirement between all other existing or proposed short-term rentals and the two-thousand-five-hundred-foot separation from resort hotels.

d.

A notarized letter on letterhead from the homeowner's association is required authorizing the short-term rental at the time of the conditional use permit application.

e.

Noise monitoring equipment with a minimum thirty-day recording capability must be installed outdoors in the common areas (e.g. pool/spa; backyard; porch; patio) of the short-term rental.

f.

Noise levels shall not exceed sixty-five (65) decibels as measured at the property line of the short-term rental unit. In addition, the short-term rental must comply with the City's noise regulations as they apply to residential uses.

g.

Owners must ensure that renters are aware of the solid waste receptacle rules in the NLVMC 8.20.120 through NLVMC 8.20.150. The owner is responsible for ensuring that garbage at the short-term rental is disposed of appropriately.

h.

As part of the conditional use permit application, the owner shall provide to the City a security plan for the use of the short-term rental. The owner is responsible for equipping the property with appropriate security measures to reasonably ensure the safety of short-term renters.

i.

Guest parking is only allowed in the garage, driveway, or on a public street. Vehicles of guests shall not obstruct traffic or access to other properties in the area.

j.

Short-term rentals are only allowed within multi-family zoning classifications if the units are individually mapped. Short-term rentals are prohibited in apartment buildings.

k.

Mobile homes, RVs, travel trailers, tents, vehicles and similar nonpermanent structures may not be used as a short-term rental.

l.

Individual room rentals are only permitted if the residential dwelling unit is owner-occupied and the owner is renting rooms within the residence. For short-term rentals where rooms are being rented within the residence, the applicant must submit a floor plan of the residential dwelling unit with the application.

m.

Short-term rentals are to be used for overnight accommodations only and shall not be used for weddings, parties, sales events, or other similar events.

Waiver of Separation Requirements.
A waiver of the distance separation requirements may be granted administratively as part of the conditional use permit, as appropriate, under the following circumstance:

(1)

An adequate barrier exists between the two short-term rentals.

a.

An "adequate barrier" for a short-term rental is defined as: an improved drainage facility; Interstate 15; Clark County 215 Beltway; other roadway with a minimum width of one hundred twenty (120) feet as shown on the Master Plan of Streets and Highways; railroad right-of-way; physical feature or topographical feature that prevents vehicular and pedestrian access between the short-term rentals; a commercial center; or a minimum ten-acre public park.

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011; Ord. No. 2706, §§ 5—7, 2-18-2015; Ord. No. 2809, § 1, 5-17-2017; Ord. No. 2850, § 1, 12-20-2017; Ord. No. 3040, §§ 1, 2, 10-21-2020; Ord. No. 3048, §§ 9, 10, 1-20-2021; Ord. No. 3127, § 1, 6-15-2022; Ord. No. 3138, § 1, 10-5-2022; Ord. No. 3196, §§ 3, 4, 12-20-2023)

A.

Purpose. The section allows for the establishment of certain temporary uses provided that such uses comply with the standards in this section and are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent structure.

B.

Table of Allowed Temporary Uses and Structures.

C.

General Standards. Temporary uses or structures shall:

1.

Obtain the appropriate permit and business license as required by this section or other City agencies or departments;

2.

Not be detriment to property or improvements in the surrounding area or to the public health, safety, or general welfare;

3.

Be compatible with the principal uses taking place on the site;

4.

Not have substantial adverse effects or noise impacts on nearby residential uses or neighborhoods;

5.

Not include permanent alterations to the site, with the exception of model homes where the temporary use is of a permanent structure;

6.

Not violate the applicable conditions of approval that apply to a site or use on the site;

7.

Not interfere with the normal operations of any permanent use located on the site; and

8.

Contain sufficient land area to allow for the temporary use, structure, or event, as well as adequate land to accommodate the parking and traffic movement associates with the temporary use.

D.

Use Specific Standards.

1.

Construction Dumpster.

a.

The placement of temporary construction dumpsters or other trash receptacles within a public right-of-way or other site owned by the City shall be subject to the standards of the North Las Vegas Municipal Code.

b.

Temporary construction dumpsters or other trash receptacles located on private property, outside of the public right-of-way, may be permitted under the following provisions:

(i)

It is located to the side or the rear of the site, to the maximum extent practicable;

(ii)

It is located as far as possible from lots containing existing development;

(iii)

It is not to be located within a floodplain or otherwise obstruct drainage flow; and

(iv)

It is not to be placed within five feet of a fire hydrant or within a landscaping area.

2.

Construction Trailer. Construction trailers may be permitted on a construction site provided the trailer is:

a.

Approved by the Director pursuant to a conditional use permit;

b.

Located on the same site or in the same development as the related construction;

c.

Be associated with a development for which valid building permits have been issued; and

d.

Not located within a required open space set-aside or landscaping area.

3.

Temporary Real Estate Sales Office or Model Home. Real estate sales offices and model homes located in a permanent structure are a permitted temporary use under the following provisions:

a.

Five off-street parking spaces shall be provided and paved in accordance with City standards.

b.

Off-street parking requirements may be waived when a home is in the process of construction on a lot previously utilized for off-street parking:

(i)

Subject to review and approval of the traffic engineer, the fire department, and the Director.

(ii)

To request a waiver of the off-street parking requirements, the applicant shall complete a form that can be obtained from the Director. The completed form shall be accompanied by a site plan indicating where the proposed on-street parking is to be located.

(iii)

The waiver is valid for ninety (90) days, with extensions of time subject to review and approval of the traffic engineer, the fire department, and the Community Development Department.

4.

Seasonal Agricultural Sales. Seasonal agricultural sales, including the sales of such items as Christmas trees, seasonal produce, and similar agricultural products, may be permitted in accordance with the following provisions:

a.

The seasonal sales does not occur within the public right-of-way or within two hundred (200) feet of a dwelling;

b.

A minimum pedestrian walkway of at least five feet in width along the front of the display shall be maintained; and

c.

The range of goods and products available for sale shall be limited to products obtained primarily through farming or agricultural activities including, but not limited to, pumpkins, grains and seed crops, fruits, vegetables, nursery, floral, ornamental, and greenhouse products, and trees or forest products, including Christmas trees and firewood. For the purposes of this section, processed or prepared food products of any kind shall not be considered to be agricultural products.

d.

Off-street parking spaces shall be provided and shall consist of a paved surface for all-weather use. The requirement may be satisfied by using existing spaces for other uses located within five hundred (500) feet of the sales area. The operator has the burden of demonstrating to the Community Development Department that the parking needs of the use are adequately accommodated. On-street parking on City streets may not be used to satisfy this requirement.

5.

Temporary Building.

a.

The use of a temporary building shall be limited to principally permitted uses and special uses allowed in the district within which it is located.

b.

A special use for a temporary building may be approved only if construction or remodeling of a permanent facility to replace it is imminent.

c.

A temporary building shall comply with the building setbacks required in the district in which it is located.

d.

The required number of parking spaces shall be provided for the use contained within the temporary building.

e.

Barricades, if determined to be necessary for health and safety purposes, shall be provided.

f.

A temporary building shall conform to all other titles of the North Las Vegas Municipal Code.

6.

Temporary Storage in a Portable Container. Temporary storage in a portable container shall be permitted to serve an existing use subject to the following provisions. A portable container shall not be located:

a.

On a lot without prior approval from the City;

b.

In a manner that impedes ingress, egress, or emergency access as determined by the public works and fire departments; and

c.

On an unpaved yard area, open space set-aside, or landscaping area.

7.

Recreational Uses in Mixed Use Development Districts. A temporary special use permit may be issued for recreational and associated uses for the recreational use on property approved for a Mixed Use Development (MUD) District if the subject property is currently developed, but vacant, pursuant to previous commercial zoning approvals, and such use complies with the following:

a.

All appropriate permit and licenses as required by the City shall be obtained prior to commencement of operation;

b.

The use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

c.

The use shall not have substantial adverse effects or noise impacts on nearby residential uses or neighborhoods;

d.

The required number of parking spaces shall be provided for the use;

e.

Barricades, if determined to be necessary for health and safety purposes, shall be provided;

f.

The use shall comply with all applicable codes and ordinances;

g.

Such special use shall be valid for a period of one year, unless an extension of time is granted by the Planning Commission.

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

A.

Purpose. In the provisions established by this Code, there exists uses of land, structures, and lots of records that were lawfully established before this Code was adopted or amended that now do not conform to the Codes terms and requirements. The purpose and intent of this section is to regulate the continued existence of those uses, structures, and lots of record that do not conform to the provisions of this Code, or any amendments thereto.

B.

General Provisions.

1.

Any lot, structure, or use lawfully existing upon the effective date of this Code may continue in the size and in the manner of operation existing upon such effective date except as hereinafter specified.

2.

A lawful nonconforming use shall not be changed except in conformance with the use requirements of the zoning district in which it is located.

3.

When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

4.

The burden of establishing that a legal nonconforming use, structure, or lot exists shall be on the owner or user of the land, lot, or structure.

5.

The requirements of this section shall not apply to a nonconforming structure or lot that is the subject of approved variances or waivers in any zoning district where such variances or waivers address all nonconformities related to the structure or lot.

6.

The requirements of this section shall not apply to a development standard or feature that is the subject of an approved variance, waiver, or modification of standards in a PUD, PID, MUD, or PCD district. Where a variance, waiver, or modification has been granted for a development standard or feature that does not otherwise conform to the requirements of this Code, that development standard or feature shall be deemed conforming.

7.

Minor repairs and normal maintenance of a nonconforming structure, or a structure containing a nonconforming use is permitted. This includes necessary structural repairs provided such structural repairs do not enlarge or intensify the nonconforming building, structure, or use.

8.

Alterations may be made to a structure containing legal nonconforming residential dwelling units when the alterations will improve the livability of said units, providing the alterations will not increase the number of dwelling units.

C.

Nonconforming Uses.

1.

The right to operate and maintain a nonconforming use shall terminate when the structure containing the nonconforming use is removed, demolished, or remodeled to an extent greater than fifty (50) percent of the structure's assessed value as determined by the last equalized assessment role of Clark County or a current fair market appraisal provided by a licensed appraiser (provided by the applicant).

2.

Whenever a structure containing a nonconforming use has been damaged by fire, flood, explosion, earthquake, or other occurrence beyond the control of the owner of the building or use to an extent greater than fifty (50) percent of the structure's assessed value as determined by the last equalized assessment role of Clark County or a current fair market appraisal provided by a licensed appraiser (provided by the applicant), the use shall not be reestablished except if permitted through the review and approval of a special use permit in accordance with the procedure set forth in Section 17.12.070.J. Such special use permit shall not be granted unless the structure containing the nonconforming use is reconstructed in the same location or in a manner that lessens the degree of nonconformity.

3.

Whenever a legal nonconforming use of a structure or lot is discontinued for a period of one hundred eighty (180) days, any future use of such structure or lot shall be in conformity with the provisions of this Code and the applicable zoning district. However, a future use need not comply with the required number of parking spaces provided:

a.

The applicant provides the maximum amount of parking spaces possible without being required to remove or partially remove a structure.

b.

If a structure or a portion of a structure is voluntarily removed, the resulting area shall be used to provide the additional parking spaces necessary towards fulfilling the minimum requirements of Section 17.24.040, Parking and Loading.

D.

Nonconforming Structures.

1.

The right to maintain a nonconforming structure shall terminate when the nonconforming structure is removed, demolished, or remodeled (voluntarily or through damage by fire, flood, explosion, earthquake, or similar act) to an extent greater than fifty (50) percent of the structure's assessed value as determined by the last equalized assessment role of Clark County or a current fair market appraisal provided by a licensed appraiser (provided by the applicant). However, a structure in the R-A district may be remodeled up to seventy-five (75) percent of the structure's assessed value or a current fair market appraisal provided by a licensed appraiser (provided by the applicant), if permitted through the review and approval of a special use permit in accordance with the procedure set forth in Section 17.12.070.J. Such special use permit shall not be granted unless the nonconforming structure is remodeled or rebuilt in a manner that lessens the degree of nonconformity.

2.

Nonconforming structures may be expanded or enlarged under the following conditions:

a.

The use of the structure is in conformance with the applicable zoning district;

b.

The enlarged, expanded, altered, or converted portion of the nonconforming structure complies with Section 17.24, Development Standards; and

c.

The structure is not being enlarged, expanded, or altered in a manner that will increase the degree of an existing nonconformity. For example, a structure that has a five-foot side yard setback where the Code requires a ten-foot side yard setback cannot be enlarged or expanded in a manner to further encroach in the side yard setback. The use could, however, be expanded in the rear yard if it will not encroach into the required rear yard setback.

E.

Nonconforming Lots.

1.

General.

a.

Notwithstanding limitations imposed by other provisions of this Code, a residential dwelling and customary accessory structures may be developed on any single, lawfully-established nonconforming lot existing on the effective date of this Code. This provision applies even though the lot fails to comply with the standards for area or width in the district where it is located.

b.

The lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership.

c.

Development of a residential dwelling on the lot shall comply with the appropriate zoning district standards.

2.

Combination of Lots. If two or more nonconforming lots of record are in single ownership on the effective date of this Code, or on the date they become nonconforming, and if all or part of these lots do not comply with the lot area standards for the applicable zoning district, the lots involved shall be considered to be an individual lot for the purposes of this Code. No portion of these lots shall be used or sold that does not comply with the lot area standards in this Code, nor shall any division of the lots be made that leaves remaining any lot that fails to comply with this Code's lot area standards.

F.

Nonconforming Telecommunication Towers. Legal nonconforming telecommunication towers and related structures shall be regulated per Subsection 17.20.020.B.8.f.

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)