A. Intent: The purpose of this section is to regulate accessory uses and structures on single-family residential properties in order to maintain and protect the City's residential neighborhoods from disharmonious development and uses. These regulations are intended to foster orderly and uncluttered residential neighborhoods. As a matter of aesthetics, the City promotes residential neighborhoods with consistent architectural patterns and themes, and front yard open spaces to create a visually harmonious environment. Limiting the area of individual structures on each lot, requiring architectural consistency, and observing front yard setback distances supports this goal.
B. Definitions:
ACCESSORY BUILDING, STRUCTURE OR USE: A building, structure, or use customarily incidental and subordinate to the primary building or use on the same lot or parcel.
ACCESSORY DWELLING UNIT: An accessory dwelling unit (ADU) is a habitable second dwelling unit, including its own kitchen or cooking facilities, subordinate to a primary dwelling unit on a lot intended for single family residential use. An accessory dwelling unit is subject to the restrictions and regulations of MMC 9-8-1
-D, which will be implemented through the building permit process.
CASITA (attached and detached): A casita is a room or suite of rooms constructed in conjunction with a primary single family residence to which it is integrated, to provide additional housing space for family members or visiting guests. A casita typically has its own outdoor access. A casita is distinguished from an Accessory Dwelling Unit (ADU) by lack of separate cooking facilities and restrictions on the use of the space. A detached casita is considered an accessory building, and an integral part of the primary single-family residential use of the site. A casita is not considered a separate dwelling unit.
TINY HOME: A tiny home shall mean an ultra-efficiency dwelling unit constructed in accordance with the International Residential Code as adopted by the International Code Council or its successor organization.
C. Regulations For Accessory Buildings And Structures:
1. Placement: Required front and side setbacks shall not be used for the placement or erection of any accessory building in any zone, except as permitted by this section. Mechanical equipment and other structures less than 40 inches in height may be located to within six (6) feet of the side and rear property lines to observe the public utility easements (PUEs). If "permission to occupy" the PUE is granted by all affected utilities, the accessory structures less than fourteen feet (14') high may be located no closer than three feet (3') to side and rear property lines. Swimming pools and spas may also be located in a rear setback, but not within a front or side-yard setback, or a public utility easement. Accessory buildings and structures adjacent to a side street shall have a side yard not less than six feet (6'). There shall be a minimum ten foot (10') separation between an accessory building and any dwelling or other buildings. Primary buildings, and structures over fourteen feet (14') in height, shall comply with all setbacks.
2. Walls And Fences: Walls and fences may be constructed on the property line to a maximum height as specified by the zoning district. Walls and fences in residential districts are generally limited to six (6) feet within the side and rear setback areas, and to thirty inches (30") within the front yard setback area. Walls and fences up to eight (8) feet may be allowed (or required) in certain commercial and industrial situations. No structures or equipment shall be attached to any wall or fence.
3. Landscaping: Landscape features such as patio slabs, open grills, water features (other than swimming pools and spas), trellises, entry pergolas, and similar features may occupy any required setback; but in no case shall any obstruction be located in a public right-of-way without issuance of an encroachment permit.
4. RV Covers: All-Metal (non-flammable) vehicle covers open on at least two (2) sides may be located within one (1) foot of the property line in the side or rear yard, provided that no part of the eaves or roof structure overhang the property line, and that all roof drainage is maintained on the owner of the car-cover's property.
5. Slabs And Decks: Slabs of concrete or other impervious surface not exceeding two (2) feet in height may be located in any required yard. Uncovered decks not exceeding two (2) feet in height may be located in any required yard. Drainage from any such surfaces must be kept on the subject property. Patio covers shall comply with the provisions for accessory structures.
6. Tennis Courts, Private: Private tennis courts shall not be constructed within twenty feet (20') of any adjoining residential property line. Tennis court fences or walls shall not exceed twelve feet (12') in height, and no lights for the tennis court shall be permitted within twenty five feet (25') of any adjoining residential property line.
7. Residential Patio Covers:
a. Definition: A structure, not exceeding twelve feet (12') in height, and that is entirely open on two (2) or more sides. Patio covers shall only be used for recreational and outdoor living purposes, and not as carports, garages, storage areas, or as habitable space.
b. Location: Patio covers may be allowed in the required rear yard area, but no portion of any such patio cover shall be closer than six feet (6') to any rear or side property line and no stormwater runoff from any patio cover shall be allowed to run onto adjacent property.
c. Aluminum patio covers may extend within one foot (1') of the rear or side property line, only under the following conditions:
(1) The aluminum patio cover is a temporary structure that does not require a building permit;
(2) The residential lot is less than five thousand (5,000) square feet in size;
(3) The aluminum patio cover does not drain onto adjacent properties; and
(4) The aluminum patio cover is fire rated.
d. Maximum Patio Cover Area: In no case shall the area of any patio cover, or combination of patio covers, be greater than one-half (1/2) of the total area of the rear yard; or exceed eight hundred (800) square feet; or exceed the maximum lot coverage of the residential zone, whichever is less.
e. Enclosed Patios: Any enclosed patio cover (a patio cover enclosed on more than two (2) sides) shall comply with the required setbacks applicable to the primary building.
f. Deck Or Balcony: There must be no deck or balcony incorporated above the patio cover structure in the rear yard.
g. Building Permit Required: Patio covers may only be constructed upon the issuance of a building permit, except as provided in the building code. Patio covers must be incidental to the principal residential building.
8. Development Standards: The following special development standards apply to accessory buildings in residential zones:
Lot Coverage And Setbacks: Lot coverage limitations and setbacks shall be as specified for the zoning district or Planned Unit Development in which the structure is located. Accessory buildings and structures shall be permanent structures, and shall be counted in lot coverage calculations.
Building Height: Accessory buildings and structures shall be limited to a maximum height of fourteen feet (14') , provided that the height of an accessory building or structure shall not exceed the height of the primary structure on the lot.
Building Permits (and structures allowed without permits.): Building permits are required for accessory buildings and structures, unless explicitly exempted from permit requirements by the building regulations adopted by the City. Buildings and structures exempt from building permit requirements must still comply with the development standards (setbacks, lot coverage, etc) required by the zoning ordinance.
9. Special Regulations: The following special accessory uses are specifically addressed elsewhere in the municipal code:
a. Swimming pools, hot tubs, and spas: MMC Title 7, Chapter 5
D. Accessory Dwelling Units:
1. An accessory dwelling unit (ADU) is a habitable living unit added to, created within, or detached from a single-family dwelling that contains facilities for living, sleeping, eating, cooking, and sanitation. Accessory dwelling units may be developed on lots of any size provided that all other applicable zoning requirements including lot coverage limitations, setbacks, and off-street parking requirements are met. Detached accessory dwelling units shall be permanent structures, and shall comply with the detached accessory building provisions set forth for each residential zoning district.
2. It is the policy of the City to allow accessory dwelling units within single-family residential neighborhoods in order to:
a. Make it possible for adult children to provide care and support to a parent or other relatives in need of assistance; and/or
b. Provide increased security and companionship for homeowners; and/or
c. Provide the opportunity for homeowners to gain the extra income necessary to help meet the rising costs of home ownership; and/or
d. Provide for the care of disabled persons within their own homes; and/or
e. Provide for a more diverse and affordable housing stock.
3. General Provisions For Accessory Dwelling Units:
a. Accessory dwelling units shall be permanent structures, and must be incidental to, and architecturally consistent with, the primary residence on the lot. Only one accessory dwelling unit may be allowed per parcel. Accessory dwelling units shall be subject to review and approval by the appropriate homeowner's association where applicable.
b. Building Permit Required: Accessory dwelling units may be constructed or established only upon the issuance of a building permit. An ultra-efficiency dwelling unit constructed in accordance with the International Residential Code as adopted by the International Code Council or its successor organization (i.e; a 'tiny home') may be used as an accessory dwelling unit. A building permit shall be issued only when the applicant has demonstrated full compliance with all of the requirements of this section including the recording of an owner-occupancy affadavit.
c. Water And Sewer: An accessory dwelling unit, whether attached or detached, shall be served by the existing primary residence sewer and water connections and water meter. The water meter size shall not be increased for the purpose of serving the accessory dwelling unit. Properties utilizing on-site water and sewer facilities must show compliance with all City, County and State regulations.
d. Separate Sale: Accessory dwelling units may not be sold separately from the sale of the entire property, including the principal dwelling unit, and shall not be converted to condominium ownership. Subsequent owners of a property with an ADU shall be subject to the owner-occupancy requirements of this section.
e. Subdivision: A property with an Accessory Dwelling Unit may be subdivided only if all resulting lots and structures comply with all applicable development standards including minimum lot size, setbacks from new and existing property lines, and lot coverage limitations for the applicable zoning district.
f. Height: The overall height of an accessory dwelling unit shall be limited to one story; provided, that an ADU may be established on the upper floors of an existing residential building.
g. Attached To Principal Dwelling: When the accessory dwelling unit is directly attached to the principal dwelling, it shall be considered an integral part of the main building.
h. Floor Area: Accessory dwelling units shall not exceed one thousand (1,000) square feet of habitable area, or sixty percent (60%) of the habitable area of the primary unit, whichever is less.
i. Setbacks: Accessory dwelling units shall comply with the setbacks and development standards of the applicable zoning district. Attached ADUs shall be treated as part of the principal residence, and detached ADUs shall be treated as accessory structures.
j. Zoning: Accessory dwelling units are prohibited in manufactured housing, mobile home, and non-residential zoning designations and overlay zones thereof.
k. Owner-Occupancy: Either the primary or accessory dwelling unit shall be owner-occupied. "Owner-occupied" shall mean that the owner of the property makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than six (6) months of any given year, and at no time receives rent for the owner-occupied unit. The owner(s) shall not rent the designated owner-occupied unit at any time during the period of the ADU permit; any such rental shall void the permit.
l. Owner-occupancy Affidavit:
(1) Prior to the issuance of a building permit by the administrator, the applicant shall execute and record an affidavit and title notice with the Clark County Recorder's Office and provide a copy of the recorded document to the city. Said affidavit and title notice shall identify the address and legal description of the property and state the following: (T)he property owner resides in either the principal dwelling or the accessory dwelling unit for more than six months each year, that the owner will notify any prospective purchaser of the property of the limitations and requirements, and that the permit will be revoked if the accessory dwelling unit at any time fails to meet the requirements of the Mesquite Municipal Code.
(2) The owner-occupancy affidavit shall run with the land and bind all current and future property owners, and the owner's assigns, beneficiaries, and heirs.
m. Parking: A minimum of one (1) off-street parking space shall be provided for the ADU, in addition to the two (2) off-street parking required for the principal dwelling per MMC Section 9-8-5.
n. Tiny Homes: If a tiny home is used as an accessory dwelling unit, it shall:
(1) Be affixed to a permanent foundation.
(2) Be subject to the issuance of a certificate of occupancy issued for the tiny house.
(3) Be classified as an accessory dwelling unit on any building permit issued for the structure.
(4) Meet all other requirements of this section.
o. The addition of an accessory dwelling unit shall only be allowed if the single-family appearance and character of the lot and neighborhood are maintained. The design of the accessory dwelling unit shall be consistent with the architecture of the principal dwelling unit and shall maintain the style, appearance, and character of the principal dwelling, and shall use matching materials, colors, window style, and comparable roof appearance. (Ord. 377, 6-12-2007, eff. 7-5-2007; amd. Ord. 22-010, 1-24-2023, eff. 2-14-2023)