A. Unit Density And Lot Area:
1. Unit Density: The number of dwelling units per gross acre shall not exceed limits as set forth for the various districts for any lot or parcel within the district.
a. If a lot or parcel lies within more than one district, the density of that portion within each district shall not exceed the density allowed for the district.
b. The gross acres shall include all of the property within the interior lot lines and if the lot or parcel fronts on an existing or future public street or other public right of way, the gross area may be calculated to the centerline of the future width of the public street or right of way, exclusive of freeway or state highway.
2. Lot Area: The requirements of these regulations as to the minimum lot area shall not be construed to prevent the use of any lot or parcel of land in any district for the construction of a single-family dwelling (except in those districts where single-family dwellings are prohibited), providing all other requirements of these regulations are complied with, in the event such lot or parcel is:
a. Shown separately on any official subdivision map duly approved and recorded in the manner provided by law;
b. Deeded by a deed of record prior to the adoption of these regulations or amendment thereto;
c. Subject to a recorded contract of sales in full force and effect prior to the adoption of these regulations or amendment thereto.
3. Reduction Of Recorded Lot: Any lot or parcel of land, the title of which was recorded, shall not be reduced in any manner below the minimum lot area, size or dimensions required by these regulations.
4. Use For Another Building: No portion of any lot or parcel of land which has been designated or used as any part of a building site area or yard as required by these regulations shall be included as a portion of an area or yard for another building if such inclusion will reduce the building site or yard requirement for the original lot or parcel of land to less than the minimum building site area dimension of yard for the land use district in which such property is located.
5. Building Location: Every building hereafter erected shall be located on a "lot", as herein defined. In no case shall there be more than a main residential building and its accessory buildings on one lot, except as otherwise provided in these regulations.
6. Individual Water And Sewer Systems; Lot Area: The minimum lot area required for any lot within any district is based on the lot being served by both public utilities of water and sewer. Where applicable, the minimum lot area shall be not less than the minimum required by the Clark County district health department for individual systems of water service and sewage disposal.
7. Reduction In Lot Area: No lot area shall be reduced so that the yards, other open spaces or total lot area shall be smaller than prescribed by these regulations.
8. Insufficient Street Dedication: No building or grading permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion of its required width and located on that side which insufficient dedication was secured and where the off site improvements of the street have not been completed in accordance with the requirements and specifications of the city engineer and the department of public works, except a building permit may be granted for a single-family dwelling upon dedication of the required right of way and execution of an off site agreement.
a. Waiver: The city engineer may waive the completion of the off site improvements prior to issuance of the building permit subject to: 1) the execution of a residential or commercial improvement agreement similar to the improvement agreement noted in subsection 9-6-6B of this title; 2) the applicant furnishing a performance security similar to the security noted in subsection 9-6-6B3 of this title; and 3) the furnishing by the applicant of a maintenance bond similar to the bond required in subsection 9-6-6C of this title.
b. Cost Of Inspection: Inspection and testing requirements are to be provided for in the same manner as noted in subsection 9-6-6R of this title.
9. Unimproved Disturbed Ground: No disturbed ground on any project shall remain unpaved or unimproved for more than thirty (30) days without the application of dust palliatives. The palliatives shall be reapplied after every disturbance. Violation of this provision shall result in the temporary revocation of all permits until corrections are made. Subsequent violations may result in permanent permit revocation. Continued violation, after permit revocation, will authorize the city to put dust palliatives on property. The cost of palliative application will become a lien on the property if not paid promptly.
B. Lot Dimensions: Every lot must have a minimum width and depth not less than that prescribed in the district under consideration. Each dimension is a minimum only. One or both must be increased to attain the minimum lot area required.
1. Width: The width of a lot shall be considered to be the distance between straight lines connecting the front and rear lot lines at each side of the lot, measured across the rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width except in the case of lots on the turning circle of cul-de-sacs and knuckles, where the eighty percent (80%) requirement shall not apply.
2. Depth: The depth of a lot shall be considered the minimum distance between the front and rear property line, measured perpendicular to the centerline of the street upon which the lot fronts, and/or if the lot fronts on a curve, knuckle or cul-de-sac, measured by the radial of curve.
3. Minimum Less Than Prescribed: Where a lot has a minimum width or depth less than that prescribed by these regulations and the lot was of record under one ownership at the time that the area was first zoned whereby the lot became nonconforming, the lot may be used subject to all other property development standards of the district in which such lot is located.
4. Administrative Variance: When the minimum lot area requirement is met, but unusual practical difficulties are shown which preclude reasonably meeting the lot width or depth requirement, or building setback requirement, the planning and redevelopment director may administratively allow a deviation as allowed by Nevada Revised Statutes section 278.319 of up to ten percent (10%) from the minimum width or depth requirement, or minimum setback requirement.
a. Such an administrative variance may be granted without the submission and approval of a formal variance application to the city council, so long as the applicant obtains the written permission of the owner of any real property that would be adversely affected by the deviation, and so long as the request is based on proven hardship due to physical challenges on the subject property.
b. Any decision regarding a denied or granted deviation may be appealed to the city council by the applicant or other aggrieved person.
C. Yards: Every lot shall have the minimum yards of not less than that prescribed in the district under consideration and all required yards shall extend the width or depth of the lot and shall be open from the ground to the sky, except for permissible accessory buildings in the rear yard and as further provided in these regulations. No yard or open space provided for the purpose of complying with the provisions of these regulations for any building shall be considered as providing a yard or open space on an adjoining lot or parcel whereon a building may be erected.
1. Front Yards: Each lot shall have a front yard extending across the full width of the lot and lying along the front property line. The required front yard shall be landscaped with appropriate materials and shall be maintained.
a. Multi-family, commercial and industrial parcels must comply with section 9-8-4, "Buffers And Landscaping", of this chapter, and subsection A9, "Unimproved Disturbed Ground", of this section. Existing structures built and occupied prior to January 1, 2002, that are without landscaping in the font yard may be granted a twelve (12) month grace period for landscaping installation upon written notice from the planning and redevelopment department.
b. Single-family home front yards must be landscaped, with at least ground cover materials, within sixty (60) days of occupancy. Existing structures built and occupied prior to January 1, 2002, that are without landscaping in the front yard may be granted a twelve (12) month grace period for landscaping installation upon written notice from the planning and redevelopment department.
c. Where the future width line of a street does not conform to the front property line, the future width line of the street shall be used in determining the front yard.
d. In determining the front yard, the required front yard depth for each district shall be measured by a line perpendicular to the front property line, or by the radial line or radial line extended in the case of a curved front property line, to the corner or face of the building on the lot.
(1) Cul-De-Sac: Where a residential lot is facing on a cul- de-sac, the front yard may be reduced to ten feet (10') less than the minimum required for the district in which the lot is located, but in no event shall any front yard be reduced to less than fifteen feet (15') in minimum depth, nor less than twenty feet (20') where accessing a carport or garage.
(2) Knuckles: Where a residential lot is facing on a knuckle, the front yard may be reduced to five feet (5') less than the minimum required for the district in which the lot is located, but in no event shall any front yard be reduced to less than fifteen feet (15') in minimum depth, nor less than twenty feet (20') where accessing a carport or garage.
(3) Modification Of Front Yards For Partially Built Up Blocks: Where lots comprising fifty percent (50%) or more of the block frontage are developed with a front yard either greater or lesser in depth than that prescribed in these regulations, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage; however, a front yard determined in this way shall not be less than twenty feet (20'). Existing front yards of more than fifty feet (50') shall be counted as fifty feet (50') in calculating the average.
(4) Collector Streets: Where a residential lot is facing on a major or minor collector street, the front yard shall be increased to thirty five feet (35') in depth.
(5) Arterials: If circumstances require a residential lot to face an arterial, the front yard shall be increased to fifty feet (50') in depth.
2. Side Yards: Each lot shall have a side yard parallel to the side property line, extending from the rear of the front yard to the front of the rear yard. The required side yard depth for each district shall be measured by a line perpendicular to the side property line to the corner or face of the building on the lot.
3. Rear Yards: Every lot shall have a rear yard extending across the full width of the lot and lying along the rear property line. The required rear yard depth as specified for each zoning district shall be measured by a line perpendicular to the rear property line to the nearest corner or face of the building on the lot. In the case of a residential lot located on a cul-de-sac, knuckle or curve, the required rear yard depth may be reduced to ten feet (10') less than the minimum otherwise required for the zoning district in which the lot is located; provided, that the total area of the remaining rear yard is at least equal to the required rear yard area for a minimum size conforming lot in the zoning district.
4. Permitted Intrusions Into Required Yards: The following may project into required yards:
a. Architectural Features: Eaves, cornices, canopies, sills, belt courses and other similar architectural features may not project more than three feet (3') into any required yard or space required between buildings on the same building site, but in no event under this provision shall any such projection be closer than three feet (3') to any property line.
b. Fireplaces And Chimneys: Chimneys and fireplace structures not wider than eight feet (8'), measured in the general direction of the wall of which it is a part, may not project more than two feet (2') into any required yard or yard required between buildings on the same building site; but in no event under this provision shall any such projection be closer than three feet (3') to any property line.
c. Uncovered Porches And Landings: Uncovered porches, landings and platforms which do not extend above the floor level of the first floor may project into any required yard or yard between buildings on the same building site not more than five feet (5'). An openwork railing not more than thirty inches (30") in height may be installed or constructed on such porch, landing or platform without affecting this provision.
d. Ramps And Railings: Openwork fences, hedges, guard railings or other landscaping or architectural devices for safety protection around depressed ramps may be located in required front yards; provided, that such devices are not more than four feet (4') in height.
5. Yard Requirements For Consolidated Lots: When the common property line separating two (2) contiguous lots is covered by a single building site and the yard spaces required by these regulations shall then not apply to such common property line.
6. Driveway Sight Zones: See subsection 9-9-7D, "Corner Lots Sight Zones", of this title, for additional sight zone standards.
a. Residential Driveways: Sight zone triangles must be maintained for each single-family residence driveway, protecting the visibility and safety of motorists, bicyclists and pedestrians.
(1) On a local street, the sight zone must be maintained between a point ten feet (10') behind the curb at the edge of the driveway and fifteen feet (15') along the curb away from the driveway in each direction. See exhibit 9-8:2a of this section.
(2) On a collector street, the sight zone must be maintained between a point ten feet (10') behind the curb at the edge of the driveway and twenty feet (20') along the curb away from the driveway in each direction. See exhibit 9-8:2a of this section.
(3) Rural and agricultural lots, townhouses and duplexes, and manufactured homes must maintain the same driveway sight zone standard as a single-family residence.
(4) Within the sight zone triangle, no wall, fence or earthwork shall be built and no hedge, shrub or other plant shall be permitted to grow higher than thirty inches (30") above grade. One tree trunk may be permitted to grow within a driveway sight triangle; provided, that all branches are pruned seven feet (7') above the ground. Public safety and utility devices less than twelve inches (12") in diameter, such as street lights, are exempt from these standards.
(A) An open fence, such as a picket or wrought iron fence, that allows for clear visibility and safety may be built higher than the thirty inch (30") standard in the residential driveway sight zone.
(B) The planning and redevelopment director may grant an administrative variance from these standards for mobile home parks and estates or other established lots if conditions on the parcel make these regulations impractical.
b. Multi-Family And Nonresidential Driveways: Sight zone triangles must be maintained for each driveway serving a multi-family or nonresidential development, including commercial or industrial properties and public facilities, protecting the visibility and safety of motorists, bicyclists, and pedestrians.
(1) The sight zone triangle must be maintained between a point fifteen feet (15') behind the curb at the edge of the driveway alignment and thirty feet (30') along the curb away from the driveway alignment in each direction. See exhibit 9-8:2b of this section.
(2) Within the sight zone triangle, no wall, fence, sign or earthwork shall be built and no hedge, shrub or other plant shall be permitted to grow higher than thirty inches (30") above grade. One tree trunk may be permitted to grow within a driveway sight triangle; provided, that all branches are pruned seven feet (7') above the ground. Public safety and utility devices less than twelve inches (12") in diameter, such as street lights, are exempt from these standards.
(3) The planning and redevelopment director may grant an administrative variance for driveway sight zones on smaller commercial properties and public facilities in the downtown central business and neighborhood commercial zoning districts if conditions on the parcel make these regulations impractical.
7. Special Conditions:
a. Garages or carports shall be located not less than twenty feet (20') from any future width line of any street where the garage door on a carport opening faces the street. Where the yard requirements pass a greater setback, such greater setback shall apply.
8. Public Street; Future Right Of Way: Notwithstanding any other provision of these regulations relating to setbacks, no building or structure other than a fence or an architectural intrusion permitted by subsection C4 of this section shall be constructed or maintained within ten feet (10') of any public street or future right of way in any residential zone.
D. Height: All buildings or structures hereafter designed or erected and existing buildings which may be reconstructed, altered, moved or enlarged shall comply with the height regulations and exceptions of the district in which they may be located.
E. Lot Coverage: All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved or enlarged shall not exceed the maximum building coverage regulations of the district in which they may be located. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 242, 2-11-2000, eff. 8-3-2000; Ord. 264, 2-19-2002; Ord. 295, 3-10-2005; Ord. 296, 2-10-2004; Ord. B21-001, 2-9-2021)