In addition to the standards set forth in this chapter, the following standards shall apply to each zoning district as indicated:
A. Residential Districts:
1. RE-1, RE-2, RE-3 (Rural Estates) Districts: The following specialized standards apply in the RE districts:
a. Farming Uses: The following accessory uses may be permitted in conjunction with a residential dwelling for the use of the family residing on the lot or parcel:
(1) Farming, including all types of agricultural and horticulture such as flower and vegetable gardening, field crops, berry and bush crops, tree crops and orchards;
(2) Small livestock farming and/or the keeping of cows, horses, sheep, goats or similar animals, except no hogs or pigs shall be allowed. One cow or one horse or two (2) sheep or two (2) goats will be allowed for each ten thousand (10,000) square feet of lot area, but the total number of any combination of the above animals shall not exceed twenty (20), other than their young under the age of six (6) months;
(3) A maximum of two hundred (200) chickens or two hundred (200) rabbits or similar animals will be allowed on a lot or parcel of land; provided, that all killing or dressing is done for the owner's consumption;
(4) A maximum of one hundred (100) pairs of chinchillas will be allowed on a lot or parcel of land; provided, that no pelting is done on the premises;
(5) The keeping, breeding and raising of domestic animals;
(6) Aviaries;
(7) Apiaries, upon the following conditions:
(A) Occupied hives shall be at least four hundred feet (400') from any other apiary or existing dwelling on another property, unless the written consent of the owner of such dwelling or apiary is secured;
(B) Occupied hives shall have a minimum separation of fifty feet (50') to any common property line of another property;
(C) Occupied hives shall have a minimum separation of one hundred fifty feet (150') to any street or highway;
(8) The above may be raised for commercial purposes and sold from the premises; provided, that no advertising signs or structures shall be allowed on the premises;
(9) If the lot or parcel contains more than five (5) acres, any one of the following additional uses may be permitted:
(A) The commercial raising, including hatching, fattening, marketing and sale of poultry, fowl, rabbits, chinchillas, nutria, mice, frogs, fish, bees, earthworms, and other similar animals of comparable nature, form and size;
(B) The grazing of cattle, sheep or horses, including the supplementary feeding of such cattle, sheep or horses, provided such grazing is not a part of nor conducted in conjunction with any dairy or livestock sales yard located on the same premises.
2. A, RE-1, RE-2, RE-3 (Agriculture And Rural Estates) Districts: The following specialized standards apply in the A and RE districts:
a. Animal Enclosures: Animal enclosures shall be located at least fifty feet (50') from any property line, excepting grazing areas for horses, cattle or other livestock. Animal enclosures include, but are not limited to, corrals, holding pens, kennels, aviaries and other animal confinement areas.
b. Fencing: Electrical fencing and barbed wire is prohibited as perimeter fencing, except for containment of farm animals on tracts that are two (2) acres or larger. Farm fences shall be permitted on property lines.
c. Fence Height: Fences or freestanding walls must not exceed a height of six feet (6') outside of the lot's buildable area.
d. Open Storage Prohibited: Open storage is prohibited, excepting farming machinery, farm products and temporary storage of road materials.
e. Sanitary Sewers; On Site Sewage Disposal Systems:
(1) Connection To Sanitary Sewer System: All nonagricultural uses shall be required to extend and connect to the sanitary sewer system if the lot on which the land use is located is within four hundred feet (400') of an existing sanitary sewer line. (Ord. 238, 5-23-2000, eff. 6-19-2000; amd. Ord. 256, 8-30-2001)
(2) On Site Sewage Treatment And Disposal: Uses not connected to the sanitary sewer system shall provide an individual, on site sewage treatment and disposal system that complies with the requirements of the sanitation department and is approved by the Southern Nevada health district. On site sewage disposal and treatment systems shall be located wholly within the boundaries of the lot on which the land use is located. Prior to the approval of an on site sewage disposal system, the owners and successors in the ownership shall agree to connect to the sanitary sewer system within one year after being notified by the city that the sanitary sewer service is available to serve the tract. The required agreement shall be submitted to the director of sanitation. The director of sanitation shall be responsible for recording the agreement in the official property records. (Ord. 238, 5-23-2000, eff. 6-19-2000; amd. Ord. 256, 8-30-2001; Ord. 345, 6-27-2006, eff. 7-20-2006)
3. A, RE-1, RE-2, RE-3, SF (Agriculture, Rural Estates And Single-Family) Districts: The following specialized standards apply in the A, RE and SF districts:
a. Manufactured Housing: This section does not void a recorded restrictive covenant nor does it apply in historic districts. Manufactured houses must comply with the following:
(1) Must be permanently affixed to a residential lot;
(2) To be manufactured within five (5) years preceding placement;
(3) Have exterior siding and roofing material similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwelling units in the immediate vicinity;
(4) Must consist of more than one section;
(5) Must have at least one thousand two hundred (1,200) square feet of living area;
(6) Have an architectural treatment masking the foundation, if the home has an elevated foundation;
(7) If the homes in the immediate vicinity have garages or carports, then a garage or carport will be required off the manufactured home, to match the architectural design of the neighborhood.
The building and zoning department will review and consider for approval an application for manufactured housing. If the application is denied, the applicant may appeal to the city manager, and then to the city council.
b. Yard/Garage Sales: Yard/garage sales shall be restricted to four (4) per year per residence, each lasting no longer than two (2) consecutive days. (Ord. 238, 5-23-2000, eff. 6-19-2000; amd. Ord. 256, 8-30-2001)
4. MF-3, MF-4 (Multi-Family) Districts: The following specialized standards apply in the MF-3 and MF-4 Districts:
a. Timesharing Apartments: Any conditional use permit issued for such use shall be irrevocable, except on grounds of noncompliance with conditions imposed at the time of initial approval. (Ord. 544, 9-11-2018, eff. 10-2-2018)
5. MF-2, MF-3, MF-4 (Multi-Family) Districts: The following specialized standards apply in the MF-2, MF-3 and MF-4 Districts:
a. Commercial Business Uses: Commercial business uses shall only be permitted if incidental to a multi-family structure or dwelling group containing not less than one hundred (100) dwelling units and provided solely for the convenience of the occupants thereof. The following restrictions shall also apply:
(1) There shall be no entrance to such business use, except from inside the multi-family building in which the use is located;
(2) The business use shall be restricted to the ground floor or basement;
(3) The floor area of such business use shall not exceed twenty five percent (25%) of the ground floor area of the multi-family building in which the business use is located;
(4) There shall be no outside advertising signs for the business use.
b. Height: Two (2) additional stories, for a total of four (4), may be permitted pursuant to an approved conditional use permit. Applicable bulk regulations will be determined as part of the CUP requirements. (Ord. 238, 5-23-2000, eff. 6-19-2000; amd. Ord. 256, 8-30-2001)
c. Open Space Requirements: A minimum of twenty percent (20%) of the net lot area shall be retained as open space.
(1) The frontage open space shall not be required to exceed fifty (50) square feet per one foot (1') of public street frontage and shall not be less than twenty (20) square feet per one foot (1') of public street frontage;
(2) A private outdoor living space shall be provided adjoining each dwelling unit equal to a minimum of ten percent (10%) of the gross size of the dwelling unit, except that dwelling units above the first story shall provide such space equal to a minimum of five percent (5%) of the gross size of the dwelling unit;
(3) The remainder of the required open space shall be provided in common open space. (Ord. 339, 6-27-2006, eff. 8-15-2006)
d. Special Provisions For Multi-Family Dwelling Groups: All of the following special provisions shall apply to multi- family dwelling groups, except as may otherwise be provided in this title:
(1) Considered One Building: Groups of multi-family dwelling units shall be considered as one building for the purpose of front, side and rear yard requirements.
(2) Face Direction: All multi-family dwelling units shall face upon a public or private street or private outdoor living space.
(3) Private Outdoor Space: The private outdoor living space shall be open and unobstructed by any buildings or structures, except swimming pools or other recreational facilities, providing they do not obstruct the minimum open space required.
(4) Distances Between Buildings: No building or structure may be within ten feet (10') of any other building or structure, except that buildings or structures separated by alleys or access driveways shall be required to maintain a minimum separation of not less than thirty feet (30').
6. MF-1, MF-2, MF-3, MF-4 (Multi-Family) Districts: The following specialized standards apply in the MF-1, MF-2, MF-3 and MF-4 Districts:
a. Animals:
(1) Number of animals is limited to those that are permitted in this code 1 ;
(2) Enclosures are limited to those for domestic pets only. (Ord. 238, 5-23-2000, eff. 6-19-2000; amd. Ord. 256, 8-30-2001)
b. Open Storage Prohibited: Open storage is prohibited. (Ord. 238, 5-23-2000, eff. 6-19-2000; amd. Ord. 256, 8-30-2001; Ord. 377, 6-12-2007, eff. 7-5-2007)
B. Commercial Districts:
1. Temporary Commercial Permit:
a. Purpose: The purpose of this subsection is to provide for a temporary commercial permit to allow certain short term activities that otherwise would not be allowed and to limit the activities to the circumstances and conditions set forth in this subsection. The requirements of this subsection apply to the activities specified herein whether or not they are conducted for profit.
b. Authority:
(1) The director of the building and zoning department or his designee shall have the authority to approve, approve with conditions, or deny a temporary commercial permit.
(2) The director may at any time refer an application for a temporary commercial permit to the city council.
c. Permitted Uses: The following temporary uses may be permitted by means of the issuance of a temporary commercial permit:
(1) A temporary real estate office located within a recorded subdivision; provided, however, that the use is limited to the sale of new homes within that subdivision. The approval of the use shall be limited in duration to a maximum of two (2) years, or a shorter period may be approved by the director, but shall expire at any earlier time when all lots within the subdivision have been sold;
(2) A contractor's construction yard in conjunction with an approved development project;
(3) A Christmas tree sales lot during the period of November 1 through December 31; provided, however, that no permit is required when the sales are in conjunction with the operation of an established commercial business with a valid business license;
(4) A pumpkin sales lot during the period of October 1 through November 5; provided, however, that no permit is required when the sales are in conjunction with an established commercial business with a valid business license;
(5) A haunted house operated in conjunction with the Halloween season; provided, however, that the operation shall be limited to a duration of thirty one (31) days;
(6) A snow cone shack from May 1 to Labor Day, on commercially zoned property;
(7) A fireworks stand during the period of June 28 through July 4; provided, however, that the operation shall be subject to the uniform fire code and all other applicable statutes, ordinances and regulations;
(8) A parking lot sale; provided, however, that such sales occur no more than four (4) times in one year;
(9) Any other temporary use that is similar to those enumerated in this section and which, in the opinion of the director, is compatible with the zoning district and surrounding land uses.
d. Application And Decision: An application for a temporary commercial permit shall be filed with the director and shall be accompanied by a filing fee as set forth in the fee schedule. The application shall contain sufficient information and detail to enable the director to determine the appropriateness of issuing a permit under this section. Within thirty (30) days after receipt of a complete and sufficient application, the director shall take appropriate action to approve, approve with conditions or deny the application. The director may approve a temporary commercial permit if the director determines that:
(1) The proposed use is compatible with existing land uses on the same property and on surrounding properties;
(2) The subject site is physically suitable for the type and intensity of the use being proposed;
(3) There will be adequate public access to the site and adequate provision for on site parking;
(4) The application is not a continuation of consecutive applications or otherwise an attempt to circumvent the limitations contained in this section.
e. Appeal: The applicant may appeal a decision of the director to the city council by filing a written request with the building and zoning department. Any appeal pursuant to this section must be filed within ten (10) days after the date of the decision that is the subject of the appeal. The decision of the city council is final.
f. Conditions Of Approval: In approving a temporary commercial permit, the director (or, upon appeal, the city council) may impose conditions, stipulations or limitations as are deemed necessary to ensure that the activity will be consistent with subsection B1d of this section. Such conditions may include, but are not limited to, the following:
(1) Provision for temporary parking facilities, including handicap spaces, vehicle ingress and egress;
(2) Measures to prevent or reduce nuisance factors such as glare, excessive illumination, noise, vibration, smoke, dust, dirt, odors, gases and heat;
(3) Regulation of placement, height, size and location of structures, facilities, landscaping and equipment, including provisions for buffering and separation;
(4) Provision for sanitary facilities and for waste collection and disposal;
(5) Measures to promote safety and security;
(6) Regulation of signs and other attention gaining devices;
(7) Regulation of operating hours and duration of the temporary commercial use;
(8) Compliance with applicable provisions of this code;
(9) Any other conditions which will ensure the operation of the proposed temporary use is conducted in an orderly, efficient manner and in accordance with the intent and purpose of this section.
g. Cleanup Of Temporary Site: The holder of the temporary commercial permit shall be responsible for leaving the property free of debris, litter or other evidence of the temporary use immediately upon completion or removal of the use.
h. Revocation: A temporary commercial permit may be revoked or modified by the director, upon notice to the permit holder, if the director finds that:
(1) The permit was obtained by misrepresentation or fraud;
(2) The activity is not in compliance with the permit or any condition of approval;
(3) The use to be allowed by means of the permit is conducted in violation of any applicable statute, ordinance or regulation; or
(4) The permit is being employed as a means to circumvent the limitations contained in this title. (Ord. 238, 5-23-2000, eff. 6-19-2000; amd. Ord. 256, 8-30-2001)
C. Industrial Districts:
1. Sign, Parking Lot: An advertising sign or parking lot may be located at a distance of not less than twenty feet (20') from the street and/or future street width line, if in accordance with site plans as required herein.
2. Setback; IR-2 District: Along any other property line within or adjoining an established IR-2 district, there shall be a setback of at least ten feet (10'). This requirement may be modified or waived if in the judgment of the city council a fire lane is not considered to be necessary.
3. Setback; Other District: Along any other property line abutting or adjoining any zone district other than IR-2 or IR-1, there shall be a setback of at least twenty feet (20'), or as per section 9-8-4, table 9-8:2 of this chapter, whichever is more restrictive, and the property line shall be sodded, planted (or other approved ground cover) and shrubbed in such a way as to form a permanent evergreen screen.
4. Compliance Required: All industrial uses shall be so operated as to comply with the performance standards described in this subsection and, in addition to these standards, all uses shall be so constructed, maintained and operated so as not to be injurious to the use or occupation of the adjacent premises by reason of the emission or creation of noise, vibration, radiation, fire and explosive hazard or glare. Nothing in this subsection shall be constructed to alter, change, modify or abrogate any authority granted exclusively to any State agency.
5. Outdoor Storage Areas: Outdoor storage areas shall be screened with a solid, opaque eight foot (8') tall fence; however, the fence or wall shall not occupy any portion of the setback area where fronting along a street or future width line. The maximum height requirement for the fence or wall may be modified or waived if, in the judgment of the City Council, the increased height is necessary and not detrimental to the intent and purposes established in these regulations.
6. Operation Of Uses: All uses shall be operated so as to comply with standards of performance or their equivalent which have been or which may be adopted or amended from time to time by the State with respect to smoke, dust, particulate matter, toxic or noxious waste and radiation hazard.
7. Ground Vibration: No use shall be operated so as to produce ground vibration, noticeable without instruments, at the lot line of the premises on which the use is located.
8. Electromagnetic Interference: No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception in any residential or commercial district.
9. Fire And Explosion Danger: Each use shall be operated so as to minimize the danger from fire and explosion and to comply with the regulations contained in the Mesquite Building Code and applicable fire prevention ordinances.
10. Humidity: Any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that steam, humidity, heat or glare is not perceptible at any lot line. (Ord. 246, 11-28-2000, eff. 12-21-2000)
Notes
| 1 | 1. See title 10 of this code. |