ordinance no. 3178 an ordinance of the city council of … · whereas, a zoning ordinance is...

ORDINANCE NO. 3178 (ZOA-14-500006 - Development Code Update 2014)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 19 OF THE HENDERSON MUNICIPAL CODE BY AMENDING PORTIONS OF CHAPTERS 19.2, 19.5, 197, 19.8, 19.9, 19.10 AND 19.12 TO MAKE VARIOUS CORRECTIONS. REVISIONS AND UPDATES AS NECESSARY, AND MATTERS PROPERLY RELATED THERETO.

WHEREAS, it is the intent of the City of Henderson to maintain a zoning ordinance for the safe and orderly development of property; and

WHEREAS, the City of Henderson adopted a new zoning ordinance on January 19, 2010; and

WHEREAS, a zoning ordinance is considered a "living documenf and will invariably need amending to make minor corrections, revisions, and updates as necessary; and

NOW, THEREFORE, the City Council of the City of Henderson, Nevada, does ordain:

SECTION 1. The Henderson Development Code is hereby amended and replaced with Exhibit A, hereto attached.

SECTION 2. If any section, subsection, paragraph, clause or provision of this Ordinance shall ' for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section or subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.

SECTION 3. All ordinances, or parts of ordinances, sections, subsection, phrases, sentences, clauses or paragraphs contained in the Municipal Code of the City of Henderson, Nevada, in conflict herewith are repealed and replaced as appropriate.

SECTION 4. A copy of this Ordinance shall be filed with the office of the City Cleric, and notice of such filing shall be published once by title in the Review Joumal. a newspaper having general circulation in the City of Henderson, at least ten (10) days prior to the adoption of said Ordinance, and following approval shall be published by title (or in full if the Council by majority vote so orders) togetfier with the names of the Councilmen voting for or against passage for at least one (1) publication before the Ordinance shall become effective. This Ordinance is scheduled for publication on June 20, 2014, in the Review Journal.

Ordinance No. 3178 ZOA-14-500006 - Development Code Update 2014

PASSED, ADOPTED, AND APPROVED THIS 17'̂ DAY OF JUNE, 2014.

Andy Hafen,'Mayfio^

ATTEST:

Sabrina Mercadante, MMC, City Clerk

The above and foregoing Ordinance was first proposed and read in title to the City Council on June 3, 2014, which was a Regular Meeting, and referred to a Committee of the following Councilmen:

"COUNCIL AS A WHOLE"

Thereafter on June 17, 2014, said Committee reported favorably on the Ordinance and fonvarded it to the Regular Meeting with a do-pass recommendation. At the Regular Meeting of the Henderson City Council held June 17, 2014, the Ordinance was read in title and adopted by the following roll call vote:

Those voting aye: Andy Hafen, Mayor Councilmembers: Sam Bateman Debra March John F. Marz Gerri Schroder

Those voting nay: None Those abstaining: None Those absent: None

Andy Hafen, Mayor \ J

ATTEST:

Sabrina Mercadante, MMC, City Clerk

Editor's Note: Pursuant to City Charter Section 2.090(3), language to be omitted is enclosed in [bold brackets], and language proposed to be added is underscored.

Exhibit A (ZOA-14-500006)

Proposed Title 19 Amendnrients

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N o . 1 RS-1 G a r a g e Setbacks

T a b l e 19 .2 .5 -1

19.2.5. RS-1: LOW-DENSITY SINGLE-FAMILY RESIDENTIAL 1

The RS-1 district is established to accommodate large- lot , single-fami ly , detached residential uses and accessory development compat ib le with the desert landscape. The district provisions discourage any use that would substantially interfere with the development of single-family detached dwell ings or the quiet residential nature of the district. Complementary uses such as parks, open space, minor utilities, accessory dwell ings, and certain temporary uses are permit ted uses. General and large d a y care uses, some forms of institutional housing, religious assemblies, and major utilities are a l lowed with a conditional use permit. Any RS-1 -zoned parcel less than 4 0 , 0 0 0 square feet in area but that is one-f i f th or more of the net a rea of what was original ly a government-created f ive-acre Figure 19.2.5-A; RS-1 Exomple Buildina Pow»

parcel shall be considered to contain 4 0 , 0 0 0 square feet (regardless of lot size).

TABLE 19-2.5-1: DIMENSIONAL STANDARDS

RS-1 DISTRICT DISTRICT STANDARDS

Density, max (units/gross acre) 1

LOT STANDARDS

Lot a rea , min (sq ft) 40 ,000

Lot width, min (ft) 100

Lot coverage, max (%) N/A SETBACKS, M I N I M U M

Front (ft) 25

Side, Interior (ft) 10

Side, corner (ft) ' 5

Rear (ft) 30

Accessory structures (ft) 6 from principal structure; 5 from lot line (See 19.5.7.C)

Front-loaded garage (ft) 20 from property

line <?r minimvr" buildinq setback,

whichever is

greater BUILDING STANDARDS

Principal bldg height, max (ft) 35

Dwelling unit size, mln (sq ft) 1,200

Floor area ratio (FAR) - . A

Accessory structure height, max (ft)

24 ; 20 f lat roof

Accessory structure size, max: 1 0 dwell ing unit size, whichever accessory dwell ing unit: [lesser of • f prinelpsl ftfuature)] §<?<? Seciior

% of lot or 5 0 % of is greater (except 1,000 sq ft Of 2 6 % 19.5.3.B.7I

% of lot or 5 0 % of is greater (except 1,000 sq ft Of 2 6 % 19.5.3.B.7I

F igu re 1 9 . 2 . 5 - B : RS-1 E x a m p l e Lot C o n f i g u r a t i o n

raWMtback: 30' min.

lot wMth: 100' mln. c o i w ( I d * MtlMck: 15" mln.

RS-1 Example Lot Configuration

S M Chaptar 19.7 for n and devaiopment

standards.

setback: 25' min.

Average front setbacks may apply In soma araas. (see Saction i».7.6.B, SIngla-Family Residential Dastgn Standards.)

Accessory structures: - Setback: 0' from principal structura; 5' from lot lina. - Maximum siza: 10% of lot or 50% of principal structura whichever is graatast (axcapt accassory dwalling unit -See Sect ion 19.5.3.B.71

N u m b e r 2

T a b l e 1 9 . 7 . 6 . C 8 - C a r p o r t lengths

3. G a r a g e and Carpor t Standards

(a) Location

To the maximum extent feasible, detached garages, carports, and g a r a g e entries shall not be located between a mult iple-family building and an adjacent perimeter street, but shall instead be internalized in building groups so that they a re not visible f rom adjacent perimeter streets.

(b) Size

Detached garages and carports shall be limited to [sl*] eight spaces per structure to avoid a continuous row of carports or garages. No more than [sw] eight g a r a g e doors may appea r on any multifamily building elevation containing front doors, and the plane of each g a r a g e door shall be offset at least 1 8 inches f rom the plane of the adjacent doors. A minimum of two uncovered portt ing spoces or g landscape f inger (See 1 9.7.5-D.5(bl l shall be located between covered parking structures or qgroqes.

(c) Design

Detached garages shall be integrated in design with the principal building architecture, and shall incorporate similar and compatible forms, scale, materials, color, and detai ls. Carports shall be painted a color f rom the color palet te of the development. Lights shall be shielded from spilling onto adjacent p roper ty .

(d ) Parking Structures

Underground park ing , structured park ing, and parking within, above , or beneath the building it serves ore al l strongly encouraged for multifamily developments.

No. 3

19 .7 .5 .K — Reta in ing w a i l c a p s

K. F E N C E S A N D W A L L S

Unless otherwise expressly prov ided for in this Code or unless expressly prov ided for in conjunction with the approva l of a conditional use permit, fences and walls shall comply with the fol lowing general standards:

1. All Zoning Districts

(c) Mater ia ls and Design

(1) Fences and walls shall complement the design of the associated building{s) in terms of their color, materials, and scale.

(2) Chain-link fencing and smooth-face concrete masonry units (CMU) are prohib i ted, except as authorized for vacant proper ty below and in Section 19.7.5.K.2.

(3) All perimeter retpining walls thgt ore visible f rom public r ights-of-way or open spaces/porks shall require caps; exposed tops of walls are not permit ted. Solid CMU blocks may be used to satisfy this reauirement. "Slurry caps" do not satisfy this requirement.

No. 4 - 1 9.2 RS-6/RS-8 Guest Parking Standards

RS-6: LOW-DENSITY SINGLE-FAMILY RESIDENTIAL 6

The RS-6 district is established to accommodate a var iety of residential use types at low densities on moderate ly-sized lots. The district allows single-family detached homes as wel l as typical accessory development. Complementary uses such as parks, open space, minor utilities, accessory dwell ings, and certain temporary uses ore permit ted uses. Genera l and large d a y core uses, some forms of

institutional housing, religious assemblies, and major utilities are a l lowed with a condit ional use permit.

Figure 19.2.8-A: RS-6 Example Building Form

Areas zoned RS-6 prior to March 1, 201 0, ore subject to the requirements of the prior Development Code and not the requirements of this section. RS-6 PUDs established prior to the ef fect ive do te of this Code are subject to their individual adopt ion ordinances and not the requirements of this section.

Figure 19-2.8-B: RS-6 Example Lot Configuration

TABLE 19.2.8-1 DIMENSIONAL STANDARDS

RS-6 DISTRICT

DISTRICT STANDARDS

Density, max (units/gross acre)

6

LOT STANDARDS

Lot area, min (sq ft) 6,000

Lot width, mln (ft) 60

Lot coverage, max (%) N/A

Corner lots for residential uses that are less than 10,000 square feet shall have a minimum width of 5 feet more than the minimum lot width otherwise required by the underlying zoning district.

SETBACKS, M I N I M U M

Front, measured from bacl< of the sidewalk or lot line,

whichever is greoter (ft)

14 to house

20 to a street-facing ga rage

10 fo a side-entry ga rage

Side, interior (ft) 5

Side, corner (ft) 10

Rear (ft) 15 (except for al leys; see note below)

Accessory structure (ft) 6 from principal structure; 5 from lot line (See 1 9.5.7.C)

BUILDINC STANDARDS

Principal b ldg height, max

(ft) 35

Accessory b ldg height, max

(H) 24 ; 20 f lat roof

Building spacing, min (ft) 10 (principal to principal)

Floor area ratio (FAR) N /A

Accessory structure size, max: 1 0 % of iot or 5 0 % of dwell ing unit size, whichever is greater(except accessory dwell ing unit: lesser of 1,000 sq f t or 2 5 % of principal structure)

C m T P A R K I N ? 5TANPARP5

A fctgl <jf 1,5 spgqes of guest porking per deeding unit ore required when utilizing nonstandard driveway lengths (less than 1 8-feet). Guest pgrking mqy be provided in mid-block bays of UP to 1 2 spoces. in desiqnoted lots, or os on-street spaces. For developments with private street, holf of the required quest porkinq shall be off-street. The parking spoces shall be distributed throughout the development.

No. 4 - 1 9.2

RS-6/RS-8 Guest Parking Standards

RS-8: LOW-DENSITY SINGLE-FAMILY RESIDENTIAL 8

The RS-8 district is established to accommodate a var iety of residential use types with f lex ib le setbacks and iot sizes in high-qual i ty developments. Setbacks and lot sizes are prov ided as ranges to encourage, but not require, var iab le lot and dwell ing unit sizes within o single development. The district allows oil forms of single-family residential development as wel l as lower-density forms of multifamily uses (e.g., mansion apartments) and l i ve /work units. In addi t ion, the district al lows small-scale, very-low-intensity neighborhood-serving retai l and personal services uses of 2 ,500 square feet or less on a limited number of corner lots, subject to the standards in Section 19.7.6.D.6, Residential Compatibil i ty Standards and Section 19.4.5, Planned Unit Development Overlay (PUD). Complementary uses such as porks, open space, religious assemblies, minor utilities, and certain temporary uses ore permit ted. The minimum lot area varies based on use t ype and the maximum density is eight units per gross acre. Addi t ional district form standards ore in Table 19.2.9-2.

F igu re 1 9 . 2 . 9 - A : RS-8 E x a m p l e Lot C o n f i g u r a t i o n

TABLE 1 9 . 2 . 9 - 1

D I M E N S I O N A L STANDARDS

RS-8 DISTRICT

DISTRICT STANDARDS


Common open space, mln (sq ft) 700 per unit

LOT STANDARDS

Lot area, min (sq ft) Varies

(see Table 19.2.9-2)

Lot width, min (ft) None

Lot coverage, mox (%) N / A


Front and corner side (ft) Varies

(see Table 19.2.9-2) Side, interior (ft)

Varies

(see Table 19.2.9-2) Rear (ft)

Varies

(see Table 19.2.9-2)

Accessory structure (ft) 6 from principal structure; 5 from lot line (See 19.5.7.C)

Front-loaded garage (ft) 20 from front property line

Side-loaded garage (ft) 10

BUILDING STANDARDS

Building height, max (h| 35

Building spacing Varies (see Table 19.2.9-2)

Accessory stnicture size, max: 10% of lot or 50% of dwelling unit size, whidwver is greater

Floor area ratio (FAR) | N/A

GUEST P A R K I N G STANDARDS

A total of 1.5 spoces of quest porkino per dwell ina unit are required when utilizing nonstgndord dr ivewgy lengths (less than 1 8- feet l . Guest parking moy be provided in mid-block bays of up to 1 2 spaces. In designated lots, or os on-street jpp':?}, Fgr dgvglQpmgnu wnh prlvqte street, hqlf of the required pqrkinq ?hgll l?g qff-?try^t. Th^ pqrking spoces shqil be distributed throughout the development.

2.0' f rony p r o p e r t y l i n e m l n .

a t t a c i i e d r a a k l e n t t a l 3 , 0 0 0 a t m i n .

n m r M t t o a c k : 10* m i n .

a r a a : 4 ,0O0 af m i n .

d e t a c h e d r e a l d e n t l a l ( a l l e y ) a r a a : 3 , 0 0 0 n t m i n .

l o w - l n t a n a l t y n o n r e s i d e n t i a l

R S - « E x a m p l e L o t C o n f i g u r a t i o n

ChaptM 19.7 tor I and developfnefit

(T ) Aw«raa« noMi MttuKka mav apply m soma ataaa

Bactloa 1».7.t.||, fllngia f amily RaMdantlal D««ign Siaftdaida).

( ? ) AHached laaiilanlial may abui lol Unas along common wallB.

(J ) Raar salback for raaf loadad

lot a r o a : 1 5 , 0 0 0 s f m a x .

a l lav w i d t h : 2 0 ' ; 2 4 ' m a x .

M K b a c k : 1 0 ' m l n .

garaf t i i t ' mm from «nay ir aurfaca parking M provldad belween gat age and allay: 5' max. If no surfac* paiking is piovided.

(* ) NoniastdanliBl slructurae •aall not ascaad 7,M0 sf par sttuclyra.

(S) For alley slandard* M * BacHon 1*.«.r.l.

N o . 6

19.1 0 .2 — Noncon fo rm ing Uses

CHAPTER 19al0: NONCONFORMITIES

19.10.2 NONCONFORMING USES

A . E X P A N S I O N

1 . General

A nonconforming use may be enlarged or expanded only if reviewed and approved in accordance v/ith the conditional use permit procedures of Section 19.6.6.A, Conditional Use Permits.

2. S ing le-Fami ly Homes

Extsting single-family homes located in the C O , CC, CH, CT, CA, DCC, and DHC districts may be expanded or accessory structures a d d e d v/ithout obtaining a conditional use permit, p rov ided the expansion or accessory structure is deve loped in accordance with the standards of Section 19.5.7, Accessory Uses ond Structures, and the previous density and dimensional standards of the or iginal zoning district in which the single-family home was constructed.

B. C H A N G E O F USE

1. Except in the DHC and DCC districts, a nonconforming use may only be changed to o use a l lowed In the zoning district in which it is located. In the DHC and DCC districts, an existing single-family residential dwel l ing unit may be converted to a commercial use, subject to compliance with al l provisions of the Building Code, Fire Code, and this Code.

2. Once a nonconforming use is converted to a conforming use, it shall not be changed bock to a nonconforming use.

C. C O M P L I A N C E W I T H P E R F O R M A N C E S T A N D A R D S REQUIRED

A use that does not comply with the performance standards of Section 19.7.8, Operat ional Performance, shall not be en larged or ex tended unless the enlargement or extension increases the deg ree of compliance with the performance standards.

D. LOSS O F LEGAL N O N C O N F O R M I T Y STATUS

1 . A b a n d o n m e n t

Except for single-family dwel l ing units, if a nonconforming use ceases fo r any reason for a per iod of more than 180 days or other per iod of time as specif ied by the City Council as par t of a closure p lan, the use shall be considered abandoned. Once abandoned, the legal nonconforming status shall be lost, and re-establishment of the use shall be prohib i ted. Any subsequent use of the proper ty shall comply with the regulations of the zoning district in which it is located.

2 . Damage or Destruct ion

(a ) If a bui lding or structure housing g nonconforming use is destroyed by a f i re or other natural cause, the nonconforming use may be reestablished within six months a f ter the f j re or other noturgl couse. The reestoblishment of the bui lding or structure must occur a f ter desian review approva l and sholl beoin with 6-months of the da te of the destruction or damage . Any new structure sholl be reviewed for compliance with al l opp l i cob le regulations of Title 19. [any mcana te the

N o . 6

1 9 . 1 0 . 2 - Noncon fo rm ing Uses

ei*tefrt—of—mofe—them—50—percent—of—its—ewfent—replace ment—v«tt#e; the nonconforrmng use may -no t -bo- fc -cs tab l iahed oxeopt in complkifwc with oi l regtfkittona opplteoble-to-thc zoning district in which it ia loeoted.]

(b) This d a m a g e or destruction provision shall not app ly to single-family dwel l ing units in residential zoning distncts or for single-family dwel l ing units in the Downtown Redevelopment Area, which may be reconstructed with substantially the some f loor a rea , prov ided there is no increase in any other nonconformity.

(c) The extent of d a m a g e or destruction shall be based on the rat io of the estimated cost of restoring the structure to its condition prior to such d a m a g e or destruction to the estimated cost of duplicating the entire structure. Estimates for this purpose shall be made by or shall be reviewed and approved by the Director of Building and Safety.

No. 7 Section 19.12.3.(c) and (i)

19.12.3.(c)

(c) Balconies, [Enctosed Sto ira,] Porte Cocheres, ond Covered Porches

Such features may encroach up to six feet into a front or rear yard and one foot Into a side ya rd , with a maximum overhang of 12 inches. Structures must also comply with appl icable Building Code requirements.

(i) Steps

Steps or stairs [(non-enelosed) to a dwell ing unit may etKroach in to-o requlfed-setbock by up to four foot] may encroach up to three feet Into a side yard and six feet into o front or rear yord . Steps or stairs must also comply with appl icable Building Code requirements.

No. 8 -19 .5 .4 .T .3 Wireless Communication Structures

(b) Standards

(1) General Standards

See Section 1 9.5.4.[y]T.4, General Standards for Wireless Communication Facilities.

(5) Alternat ive Tower Structures on City of Henderson Property

Any new wireless communication faci l i ty on City of Henderson proper ty that is not co-located on an existing tower may be approved by the Community Development Director p rov ided:

1. On non-pork City proper ty , the faci l i ty is designed os a f reestanding, co- locatoble alternative tower structure or monopole not to exceed the height of the existing structures on the site or 7 0 feet, whichever is tal ler ; [end] or

i i . The faci l i ty consists of corKoaled or slim-line antennas attached to existing or replaced sports-f ield lights or net posts, but does not increase the height of the line or post structure; and

i i i . On Porks and Recreation sites, the Porks and Recreation Director has reviewed the proposed wireless communication faci l i ty and prov ided writ ten comments to the Community Development Director; and

i v . The wireless communication faci l i ty Is located on the proper ty in on area predetermined by the City of Henderson; and

V. Any al terat ive tower structure shall be separated f rom adjoining land uses per Section 1 9.5.4. [y] I .3(b)(2) above ; and

v i . Al l associated support equipment not located within on existing bui lding shall be located within on underground voult or within an enclosed structure designed to be architecturally compatible with existing buildings on site or the nearest adjacent buildings. The equipment storage structure shall be designed to accommodate equipment for future locations as well os addi t ional storage as needed.

v i i . An al ternat ive tower structure designed as o f l agpo le shall display on appropr ia te ly sized f l o g . If an American f l o g is d isp layed then it shall comply with the Federal Flag Code (Public Law 94 :344) . A p laque measuring no more than 1 2 Inches by 1 2 inches and displaying the faci l i ty reference number and a contact telephone number for maintenance of the f l ag shall be attached to the structure in a means clearly visible to the pub l i c

No. 8 b - 19 .5 .4 .T .4

Wire less C o m m u n i c a t i o n Structures

(c) Administratively App roved Uses

(1) The Community Development Director may approve administratively the fo l lowing uses:

i . Any wireless communication faci l i ty that is a l lowed subject to a "P" or "S" in sections 1 through 3 above , or

t i . Any of the fo l lowing:

1. Locating wireless communication antennas on existing structures or towers.

2. Locating any al ternat ive tower structure no higher than ten feet above the base district maximum height limit, not to exceed 7 0 feet in any app l i cab le zoning district, unless the a l temat ive tower structure is located on City of Henderson proper ty .

3. Wireless communication facilit ies located on the site of an electrical substation or on City of Henderson proper ty if the owner has approved its use. Wireless communication facilities on City of Henderson proper ty ore subject to Section 19.5.4.[U]I .3(b){5) above.

4. Installing o network using multiple low-powered transmitters/receivers attached to existing wirel ine systems, such as conventional coble or telephone wires, or similar technology that does not require the use of towers.

(h) Nonconforming Uses

(1) Not Expansion of Nonconforming Use

Towers that ore constructed and antennas that ore instal led. In accordance with the provisions of this Code, shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2) Preexisting Wireless Communication Towers

Preexisting wireless communication towers shall be a l lowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permit ted on such preexisting wireless communication towers. New construction other than routine maintenance on a preexisting wireless communication tower shall comply with the requirements of this Code.

(3) Rebuilding Damaged or Destroyed Nonconforming Wireless Communication Facilities

Notwithstanding Section 19.5.4.[y]T.4(a), bona f ide nonconforming wireless communication facilities that ore damaged or destroyed may be rebuilt without having to first obtain design review or a conditional use permit and without having to meet the separat ion requirements specif ied

No. 8 b - 19.5.4.T,4 Wireless Communication Structures

in these standards. The type, height, and location of the wireless communication tower onslte shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall compiy with the then-applicable building codes and shall be obtained within 1 80 days from the dote the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.

No. 10- 1 9.7.9 Multiple Species Habitat Conservation Plan

19.7.9. MULTIPLE SPECIES HABITAT CONSERVATION PLAN

A. PURPOSE

The purpose of this section Is to allow for applicants, bv certificote of inclusion, to comply with the federal Endangered Species Act through the Incidental Take Permit issued to the county and Implemented through the Mgltipl^ Speclps Habitat Conservation Plqn (MSHCPl ond Implementing Agreement. MSHCP Mitigation Fpes collected ore used to implement the term; of the Incidental Take Permit.

[4-: TO'provide money te fund cenaervatlon actlona within the City of Hendcraen te protect vofioua habitats and spocios-locotcd within the county.

i To comply with the terma of the Clerk County Multiple Speciea Habitat Cenaervatien Plan ond ita eorrcspondtf>g Implementing Agreement, which hove been opproved-ond-o<iopted by the City ef Henderson City Council.

To comply with Section 1 0(a) permita laaued by the United Statea Fish and Wildlife Service to the County pursuant to the Federal Endangered Species Act (16 U^StCi 1531 etiseqi), which allows various apccloa located within Henderson te be legally token In connection with othorwiae lawful octivitiea.]

B. IMPOSITION OF MITIGATION FEE

Except OS provided in Section 19.7.9.C, Exemptions and Exceptions, applicants for development permits shall pay [o-mittgotlen fee] the MSHCP Mitlqotion Fee of $550 per gross disturbed acre or any portion thereof located within the parcel, [to-be dovctopcd] as well as the area disturbed by related off-site improvements. No development permit shall be issued or approved without the payment of the mitigation fees required by this section.

C. EXEMPTIONS AND EXCEPTIONS

1 . A mitigation fee shall not be required for the following types of development:

(a) Reconstruction of any structure damaged or destroyed by fire or other natural causes;

(b) Rehabilitation or remodeling of existing structures or- existing off-site improvements.

k ) Disturbance of anv lands. Indudlno lands conveyed from federal to private

ownership, within the City of Henderson, which are covered by and ore subject tp

the terms ond conditions of g separate habitat conservation plan and incidental

take permit approved and issued by the United Stotes Fish & Wildlife Service-

Such lands ore not covered by or subject to the Incidental Take Permit.

2. [Development of proporty for which feea have been paid, aa required by a Section 7 C-onsultotion issued pursuant to tho Federot Endongered Species Act, shall'be ollowod to credit-mitigotion feea oetuolly paid ogoinst the-totol omount of the feea required by this chapter.]

N o . 1 0 - 19 .7 .9

M u l t i p l e Species H a b i t a t Conservat ion Plan

Applicants for development permits who have pa id per acre fees pursuant to Section 7 of

the federa l Endangered Species Act mov be reauired to p o v a port ion of the MSHCP

Mit igat ion Fee as fol lows:

(g) If gn gppl icgnt pg id less than S550 per gross disturbed acre or gny port ion

thereof located within the parcel as wel l as the oreo disturbed bv related offs i te

improvements in Section 7 fees, the appl icant shgll p q y th^ d i f fer^nqg between

$ 5 5 0 per acre and the amount per ocre pa id In Section 7 fees. These ocres shall

be covered by and subject to the Incidental Take Permit.

IfeJ If on gppl icgnt pg id $ 5 5 0 or more per gross disturbed acre or any port ion

thereof located within the parcel as wel l as the area disturbed by related offsi te

improvements in Section 7 fees, the appl icant shgll not pay the MSHCP Mit igat ion

Fee for those acres. Those acres ore not covered bv or subject to the Incidental

Take Permit.

Development of single-fomily residential cmd-monufoetured housing on lots thot o re two gross ocrco in size or grootor , whoro less than 47^4-of an acre of the proper ty is g r a d e d or otherwise disturbed, with the balance of the proper ty left in its natural condition, shall p a y a mit igation fee ef $137 t50 i When more thon iÂ~biii lew than 47â-^cre Is g r a d e d or otherwise disturbed or td- tho 'bo loncc ef the proper ty is loft in its noturot condition, the mit igotion feo sholl be $27-5^

4 : Development of freestanding o f f promlaoa aigna, communication towers; ond simtlof structures;-where leaa than ^ T ^ f an acre of the proper ty is g raded er othorwiae diaturbed, with the balance of - the-proper ty lef t in its noturot condition ahall pay e-mit igot ion fee of $137 .50 . Whe re more thon '/< but lesa than -tTâ g raded or otherwise disturbed and tho bolonee of the proper ty Is left in its natural condition>-thG mit igotion fee sholl be $ 2 7 5 .

^ Whe re -o development permit has been previously Issuod-oftef^-poyment o f - o mit igotion fec mandated by this choptor and has exp i red , the oppl icont for o now developmont permit on the same proper ty shall p o y the feo pursuant te -the current provlsiofq of this chapter less the omount-previously paid. ]

D. LAND DISTURBANCE/MITIGATION FEE FORM [REPORT]

All applicants for development permits shall, be fore issuance thereof, complete a Land Disturbance/Mit igat ion Fee Form [Report on the forma] furnished by each Henderson department that issues development permits. The Land DIsturbance/Mit laat lon Fee Form [-Report] must be complete, signed by the appl icant fo r the development permit, and contain, at a minimum, the fol lowing information:

1 . The assessor's parcel number.

2 . The number of disturbed acres within the Parcel.

3 . The area disturbed by related off-si te Improvements.

4 . The amount of mitigation fees actually pa id .

E. COMPLIANCE REPORT FEES

N o . 1 0 - 1 9 .7 .9

M u l t i p l e Species H a b i t a t Conserva t ion Plan

All appl icants for development permits [thot] who are required to submit a Land Disturbance/Mit igat ion Fee Form [Report] shall p a y processing fees per development permit to the Henderson Building and Safety Department, based on a fee schedule adop ted by the City Council.

F. FEE ADMINISTRATION

[ 4 T - ] Al l mit igat ion fees collected pursuant to the provisions of this ordinance shgll be deposited into g specigl reserve fund. TTie fund. Including interest and other Income that accrues thereto, shall be expended solely for the Implementation of the terms of the Incidental Take Permit and any gmendments thereto. [Clark County Mul t ip le Species Habi ta t Plon and the Section 10(a) pormits-4s5uod pursuant to thot"pton,-Q3-those-docun>ents exist or os they moy hereinafter be amended.]

[2v ] [Af ter opprovo t by the United Statea Fiah end Wi ld l i f e Service and the City ef Henderson ond o f te r complioneo with tho proviaiona of NRS 2 4 4 i 2 7 5 , thc odmlniatratora of tho Clark County Mult ip le Speciea Habi tat Cenaervatien Plan may accept real p roper ty or Intcrcats thofotn-in-lteu of poyment of mit igot ion feea. The-fair-morket volue of such rea l p roper ty sholl bo equal to or greoter thon the mit igation fees thot would otherwise be requi red to b o po id i ]

G. INCIDENTAL TAKE PERMIT

1 . All persons, firms, or entities located within Henderson that engage in any activity covered pursuant to the Clark County Mult ip le Species Habi ta t Conservation Plan, Including residential and commercial development, agriculture, mining, g raz ing, and O f f Highway Vehicle activities shall comply with the gpp l icgb le provisions of the Incidentgl Tgke Permit to be included, bv certi f icate of inclusion, for coverooe under the Incidental Take Permit-[this—ordinance, -tfw—Glerk—County—Multiple—Speciea—Habitat Conservation—P^em-,—its corresponding Implementing Agroenwnt , end thc Section 10(a) permit isaued by the United Statea Flah and Wi ld l i f e Service, all of which a rc on f i le with the Henderson Community Development Departmcnt i ]

2 . Al l persons, firms, or entities, their agents and employees that comply with the provisions of this ordinance ore hereby permit ted to incidentally take any species fo r which the United States Fish and W i l d l i f e Service has issued [Its -Section 10(o} pe rm i t - t o ttre € o w t y ] t h e Incidental Take Permit so long as such person, f i rm, or entity has complied and continues to comply with the app l icab le provisions of the [Clark County Mult iple Speciea Hobi tet-Cenaervat ien Plan, its corresponding Implementing Agfeemcnt-otwJ-the Section 10(o) permits issued to-the-€eunty-ln connection with such Plonllncidentol Take Pprmit as it now exists or may hereinafter be amended.

3 . All persons, firms or entities that ore not required to p a y a mit igation fee pursuant to the terms of this chapter, but that ore otherwise in compliance with the gpp l i cgb le provisions of the [Clork County Mult iple Species - Habi ta t Conservation—Pten, its corresponding Implementing Agreement and thc Section-10 (a) permit issued to tho County In connoction with such PlonHncIdental Take Permit, as it now exists or hereinafter is amended, are hereby permit ted to incidentally take any species covered by the [Mult iple-Species Hobi to t Conservation Plan and for which the United Stotca Flah and Wi ld l i f e Service has issued-its-Section 10(o) permit(s) to the Countyllncidentgl Tgke Permit.

4 . [Pormi9sk>n-to-incidentQlly]The cert i f icate of tnclu;Ion thgt allows a person, f i rm pr gntlty to comply with federa l Endangered Species Act through the Incidental Take Permit, induding the incidentgl tgke [owylof species listed in the ln(;Idontpl Take Permit,[as prov ided in

No. 10- 19.7.9 Multiple Species Habitat Conservation Plan

aubsectiofw 2 and 3 hereof] shall be Immediately revoked, without further action or notice, in the event such person, firm or entity ceases to be In compiionce with subsection 1, 2, or 3 hereof.

19.12.4. DEFINED TERMS

CERTIFICATE OF INCLUSION Authorizgtion granted to on opplicont to allow for the incidental taking of threatened or endangered species under the provisions of the Incidental Take Permit. Authorlzotlon 1; granted upon receipt of payment of all required mitigotion fees.

INCIDENTAL TAKEFSECTION 10(An PERMIT The[Al permit, effective as of February 1, 2001. Issued by the Secretary of Interior pursuant to Section 1 OfoKl KB) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1 539 Fthatlwhich incorporates by refprencQ the Multiple Species Hgbltgt Conservotion Plan and Implementing Agreement and allows the incidental taking of threotened or endongered species in the course of otherwise Igwful activities.

N o . n - 1 9 . 8 . 2

S ign A r e a

19.8.2. MEASUREMENTS AND INTERPRETATIONS

A . S I G N A R E A

1 . Sign Face

The a rea of a sign face is based on the outer dimensions of the f rame or cabinet surrounding the sign surface a rea .

2 . Channel ( Ind iv idua l ) Letter Signs

The area of a sign comprised of individual letters or elements attached to a building wal l is determined by calculating the area of the smallest geometric shape (e.g., square, rectangle, circle, po lygon, etc) with no more than eight sides that con be d rown around the letters a n d / o r elements. Signs consisting of individual letters a n d / o r elements will be measured as one sign when the distance between the letters a n d / o r elements is less than the largest dimension of the largest sign letter. (Figure 1 9.8.1 2-A.)

mmm L

ijom mcA3aHlt|riMtaaar laao^CMcuLATc liOw>W>

•I SIGN •micniat TH«T agDa«Mntoi>c •OMMItTH TM6

ScpafMedliy InMlMnawL anianuon ol WM largan Isiwr

jllmwnlon of U rven te l ta t j . .

dBfMaalon flvttia laiQS'tlattBr

F i g u r e 19 .8 .1 2 - A : S ign A r e a C a l c u l a t i o n

3. Mul t i -S ided Signs

When the sign faces of a multi-sided sign ore paral le l or within 45 degrees of para l le l , only one side is counted. If the sign faces ore not para l le l or within 45 degrees of para l le l , al l sign faces ore counted. (Figure 1 9.8.1 2-B).

4pMMr thiin 4S'

t haighiJKMtdm]

F i g u r e 19 .8 .1 2 -B : M u H i - S i d e d S ign Face A r e a C a l c u l a t i o n

No. 11 - 19.8.2 Sign Area

4. Projecting, Roof-mounted and Freestanding

Means the siqn face of any single-faced frgestanding, roof-mounted or projectino slan gnd the Igrgest side only of gny double-foced freestanding, roof-mounted or projecting sign shgll be counted in calculating its area- One-half the total area of ony spherical, round, oval, elliptical, polygonal, totem or any other sign having more thon two faces shall be counted In calculating its area.

The area of the siqn shall be measured os follows;

For each sign face, a rectilinear line of not more than eight sides shall be drown around an enclosing the perimeter of all cobinets or modules and their structure where the structure odds moss to the sign. Such area within the rectilinear line sholl be the totgl sign area of thot fgce. The perimeter of the measurable area sholl not include incidental embellishments such as poles and pole covers 16 Inches or narrower, framing, etc. provided that such embellishment; do not include any gdvertlsinq messaae. announcement, declorotlon, Inslgnig, or mural, or or otherwise erected or mglntglned In view of the observer thereof for Identlficotlon. advertisement or promotion of the interests of any person, entity, product or service. (See Figure 1 9.8.1 2-A)

N o . 12

1 9 .5 .2 .D - P roh ib i ted Uses

19.5.2. USE CUSSIFICATION

A . U S E C L A S S I F I C A T I O N S

Use classifications organize land uses and activities Into general "use categories," and specific "use types" within the categories, based on common functional, product, or physical characteristics, such OS the type and amount of activity, the t ype of customers or housing types, how goods or services are sold or de l ivered, and site conditions. The use classifications prov ide a systematic basis for assigning present and future land uses into appropr ia te zoning districts. Use classifications describe one or more uses having similar chgrgcteristlcs, but do not list every use or activity that may appropr ia te ly be within the classification. The use classifications In each of the use tables Include: Residential Uses, Public/Institutional Uses, Commerciat Uses, and Industrial Uses. Accessory Uses and Temporary Uses ore addressed in Sections 19.5.7 and 19.5.8, respectively.

B. D E V E L O P M E N T S WITH MULT IPLE P R I N C I P A L U S E S

COMMENTARY:

For example, d devetopment that contains a bookstore, coffee shop, and bakery would be classified In ttie "Retail Sales and Service" category because all of the development's principal uses are in that use category.

W h e n al l principal uses of o bui lding fa l l within one use category, the entire bui lding Is assigned to that use category. When the principal uses of a development fa l l within d i f ferent use categories, each principal use Is classified in the appl icab le use category and

each use is subject to app l icab le regulations within that category. Developments with multiple principal uses, such as shopping centers, may include only those use types a l lowed in the base zoning district. For developments that meet the "shopping center" def ini t ion, park ing for uses may be cglculgted gt one space per 2 5 0 square feet .

C . U N L I S T E D U S E S

1 . Procedure

W h e r e a part icular use t ype (principal, accessory, or temporary) is not specifically listed in this chapter, the Community Development Director may permit the use type upon f inding the standards of this subsection ore met in accordance with the procedure in Section 1 9.6.9.F, Interpretation. The Community Development Director shall g ive due consideration to the purpose and intent of this Code concerning the zoning district(s) involved, the character of the uses specifically ident i f ied, and the character of the use(s) in question. Any new use type may be incorporated into this Code through a Development Code text amendment in accordance with the procedure in Section 1 9.6.4.B.

2. Standards for A p p r o v i n g Unl isted Uses

In order to determine If the proposed use(s) has on impact that is similar in nature, function, and duration to the other use types a l lowed in a specific zoning district, the Community Development Director shall assess all relevant characteristics of the proposed use, including but not limited to the fo l lowing:

(a ) The volume and t ype of soles, retai l , wholesale, e t c ;

(b) The size and t ype of items sold and nature of inventory on the premises;

(c) Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution;

(d) Any dangerous, hazardous, toxic, or explosive materials used In the processing;

N o . 12

1 9 .5 .2 .D - Proh ib i ted Uses

(e) The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside or outside the principal bui ld ing; predominant types of items stored (such as business vehicles, work-In-process, inventory and merchandise, construction materials, scrap and junk, and row materials Including liquids and powders);

( f ) The t ype , size, and nature of buildings and structures;

(g) The number and density of employees and customers per unit a rea of site in relat ion fo business hours and employment shifts;

(h) Transportation requirements, Including the modal split for people and freight, by

volume type and characteristic of t raf f ic generat ion to and f rom the site;

( i) Trip purposes and whether t r ip purposes con be shared by other use types on the site;

( i ) Parking requirements, turnover and generat ion, rat io of the number of spaces required per unit grea or activity, and the potential for shared park ing with other use types;

(k) The amount and nature of any nuisances generated on the premises. Including but

not limited to noise, smoke, odor , g la re , v ibrat ion, radiat ion, and fumes;

(I) Any special public utility requirements for serving the proposed use t ype . Including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facil i t ies; and

( m ) The impact on adjacent lands created by the proposed use t ype , which should not be greater thgn that of other use types in the zoning district.

D. P R O H I B I T E D U S E S

The fol lowing uses gre prohibi ted within the City of Henderson:

L Residential Motels:

2. Bed & Brggkfgst facil it ies

N o . 1 4 — M i n i - s t o r a g e des ign s tandards

19 .5 .5 .Y .2 (a ) (5 )

Y . MINI-STORAGE FACILITY

2. Standards

(a ) All Nonresidential Districts

(1) Mini-storage facilities shall comply with all development regulations listed for the zoning district or planned unit development in which the faci l i ty is locoted-

(2) All mini-storage fgcllitles shgll prov ide minimum 32- foo t -wIde dr ive oisles between oil buildings and adjacent to all building walls with storoge compartment access doors-

(3) Resident manager's quarters, where prov ided, shgll be incorporated into and occupy space on the premises of the mini-storage faci l i ty. No freestanding manager's quarters ore permit ted within the IP district.

(4) Mini-storage faci l i ty shall include a single 500-square-fc jot (minimum) landscaped pr ivate recreation area within the mini-storage project adjacent to the caretaker's quarters for exclusive use by resident manager /care taker . The landscaped recreation area shall Include o minimum of one large shade tree Installed at 24-inch-box size, shrubs, and recreation equipment as approved by the Community Development Director. Recreation equipment shall consist of picnic tab le and barbecue facilit ies or other comparab le equipment for use by the resident manager.

(5) All buildings In the mini-storage faci l i ty shall be architecturally compat ib le with the surrounding uses. Architectural compatibi l i ty shall be measured as fol lows: projects constructed abutt ing residential or publ ic/semipublic zoning shall employ sloped concrete tile or cloy roofs and shall display wal l relief features and colors commonly found in residential construction; projects abutt ing commercial or industrial zoning districts may employ more r igid lines and features; where o project abuts o residential or publ ic/semipublic zoning district, the residential compgtibi l i ty requirement shall control; for facHltles proposed within existing commerclgl/shopplng centers, the design stgndords of 19.7.6.D shall control, with speclol attention given to adhering to any established grchitecturgi styles or themes within the center, which may negote the requirement for o s loped/ t i le roof-

No. 15 19.7.8 — Operat ional Performance

19;7.j-^" OPERATIONAL PERFORMANCE : r; .̂

A. AIR QUALITY

The emission of dust, dirt, or smoke shall comply with [Title 5 of the HMC] the Clark County Department of Air Quglity Regulgtions.

B. COMBUSTIBLES AND EXPLOSIVES

The use, hondling, storgge, gnd trgnsportotlon of combustibles and explosives shall comply with the provisions of HMC 15.32 and all applicable state and federal lows.

C. GASES

The escape or emission of any gas that is noxious, injurious, or destructive is unlov/ful and shall be immediately eliminated and, in addition, shall comply with [Title 5 of the Honderson HMC] the Clark County Department of Air Quality Regulgtions and all applicable state and federal regulations, including the federal Emergency Planning and Community Right to Know Act of 1 986.

No. 1 6 - 19.1 2.3.D.7 — Measurement and Definitions Rear Lot/Property Line

\

/ ' /

REAR LOT UNE

7. Lot or Property Line, Rear

Means a lot line, not a front lot line, that is parallel or

approximately parallel to the front lot line. Where no

lot line is w/lthin 45 degrees of being parallel to the

front lot line, a line ten feet in length within the lot,

parallel to and at the maximum possible distance

from the front lot line, it shall be deemed the rear lot

line for the purpose of measuring rear-yard depth.

Where no lot line is within 45 degrees of being

parallel to the front lot line, a line ten feet in length

within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed

the rear lot line for the purpose of measuring rear-yard depth (See Figure 19.12.3-E). In instances where

neither the front lot line nor the rear lot line is a simple straight line and it mav not be easy to determine

whether any lot line is within 45 degrees of being parallel to the front lot line, the Communitv

Development Director may make the determination o f the rear property line.

r' rfiONnoTLiw

1 FBOWTLOruNE

•"1

/

Figure 19.12.3-E: Lot or Property Une, Rear

No. 17-19.2 Accessory D w e l l i n g U n i t - C la r i f i ca t i on


The RS-2 district is established to accommodate large- lot , single-fami ly , detached dwell ings and accessory development compat ib le with the desert landscape. Single-family attached units existing on the ef fect ive do te of this Code may remain os conforming uses. The district provisions discourage any use that would substantially interfere with the development of single-family detached dwell ings or the quiet residential nature of the district. Complementary uses such OS porks, open space, minor utilities, accessory dwell ings, and certain temporary uses ore permit ted uses. Genera l and large day core uses, some forms of institutional housing, religious assemblies, and major utilities ore a l lowed with a conditional use permit. Any RS-2-zoned parcel that is less than 20 ,000 square feet in a rea , but that is one-tenth or more of the net a rea of what was or iginal ly a government-created f ive-acre parcel shall be considered to contain 2 0 , 0 0 0 square feet (regardless of lot size).

TABLE 19 .2 .6 -1 :

DIMENSIONAL STANDARDS

RS-2 DISTRICT


DISTRICT STANDARDS


LOT STANDARDS

Lof oreo, min (sq ft) 20 ,000


Lot coverage, max (ft) N / A

SETBACKS, MINIMUM

Front (ft) 20

Side, interior (ft) 10

Side, corner (ft) • 5

Rear (ft) 25

Accessory structures (ft) 6 from principal struclure; 5 from lof line (See 1 9.5.7.C)

Front-loaded garage (ft) 20 from property

line

BUILDING STANDARDS

Principal b ldg height, max (ff) 35

Accessory b ldg height, max (ft) 24 ; 20 f lat roof

Spacing between units (ft) N / A

Dwelling unit size, min (sq ft) 1,200


Accessory structure size, max: 1 0% of lof or 5 0 % of dwell ing unit size, whichever is greoter (excepf

accessory dwell ing unit: [lessor of 1,000 oq ft Of 2 5 % of Dfincipal rtfuwurell See Section 19.5.3.B.71

Figure 19.2.6-B: RS-2 Example Lot Configuration

rear setback: 25'~^rnia^ lot area: 20,000 sf min.

heigtit: 35" max.

RS-2 Example Lot Configuration See Cfiapter 19.7 tor design and davelopment standards.

Avaraga front salbacks may apply In soma araas. (sea Saction 1«.7.«.B, SlnBla.f amity Rasldanllal Oaslgn Standards).

Accessory structuras: - S«a>ack.' from principal structure: S' from lot line. - Maximum size: 10% o l lot or S0% of principal structure whictiever Is greatest (excepi accessory dwelling unit -

Set Swtion 19,s,3,B.7)

corner side setback: 15" min.

No. 17-19.2 Accessory Dwell ing Unit - Clarification


The RS-4 district is established to accommodate a variety of residential use types at low densities. The district allows single-family detached homes os well os typical accessory development. Complementary uses such as porks, open space, minor utilities, accessory dwellings, and certain temporary uses ore permitted uses. General and large day core uses, some forms of institutional housing, religious assemblies, and major utilities are allowed with a conditional use permit.

Figure 1 9.2.7-A: RS-4 Example Building Form

TABLE 19.2.7-1: DIMENSIONAL STANDARDS RS-4 DISTRICT

DISTRICT STANDARDS


LOT STANDARDS

Lof area, min (sq ft) 10,000

Lot width, mln (ft) 75

Lot coverage, max (%) N / A


Front (ftJ 20

Side, interior (ft) 7.5

(Reduction to 5-ft inferior side yard setback al lowed, provided the aggregate of the two adjacent interior side yards is 1 5 ft.)

Side, corner (ft) 15

Reor (ff)

Accessory structures (ft)

6 from principal sfructure; 5 from lot line (See 1 9.5.7.C)

Front-loaded goroge (ft) 20 from property

line

BUILDING STANDARDS

Principal bldg height, max (ft) 35

Accessory b ldg height, max (ff) 24; 20 flat roof

Building spacing, min (ff) 15 (principal fo principal)


Accessory sfructure size, max: 1 0 % of lot or 5 0 % of dwell ing unit size, whichever is greater (except accessory dwell ing unit: [lesaer of 1,000 aq ft or 2 5 % of princiDol^H^-H,.-e-l See Section 19.5.3.B.71


f i e i g h t : 35* m « x . l o t a r e a : 1 0 , G 0 0 s f m l n .

r s e t b a c k : 2 0 ' m i n .

c o m e r s ide . e t b . c k : 1 5 ' m i n .

RS-4 Example Lot Configuration Saa Chap tw 19.7 for design and davelopment standards.

Average f ront setbacks may apply In some araas (see S K t l o n 1S.7.0.8. Slngla-Famlly Resldantlal Oesign Standards).

Accessory st ructures: - Setback: 6' f rom pr incipal structure: 5' t rom lot l ine. - Maximum s i n : 10% of lo l o r 50% of principal structure whichever Is greatest (except accassory dwel l ing uni t -lesser of 1.000 sf or 25% of

See Sect ion 19.5.3.B.71

f k o n t M t b a d c 2 0 ' i

No. 17-19.2 Accessory Dwelling Unit - Clarification


The RS-6 district is established to accommodate o variety of residential use types at low densities on moderate ly-sized lots. The district allows single-family detached homes as well os typical accessory development. Complementary uses such as porks, open space, minor utilities, accessory dwell ings, and certain temporary uses ore permit ted uses. Genera l and large d a y core uses, some forms of institutional housing, religious assemblies, and major utilities ore a l lowed with a condit ional use permit.


Areas zoned RS-6 pr ior to March 1 , 201 0, ore subiect to the requirements of the prior Development Code and not the requirements of this section. RS-6 PUDs established prior to the ef fect ive do te of this Code ore subject to their individual adopt ion ordinances and not the requirements of this section.

TABLE 19.2.8-1 DIMENSIONAL STANDARDS RS-6 DISTRICT

DisTRia STANDARDS


6

LOT STANDARDS

Lot area, min (sq f f) 6 ,000


Lot coverage, max (%) N / A

Corner lots for residenfiol uses that ore less than 1 0,000 square feet shall have a minimum width of 5 feet more than the minimum lot width otherwise required by the underlying zoning districr.


Front, measured from bock of the sidewalk or lot line,

whichever is greater (ft)

1 4 to house

20 to o street-facing ga rage

1 0 to o side-entry ga rage

Side, interior (ff) 5

Side, corner (ff) 10

Rear (ft) 1 5 (except for alleys; see note below)

Accessory structure (ff) 6 from principal structure; 5 from lot line (See 1 9.5.7.C)

BUILDING STANDARDS

Principal bldg height, max

(ft) 35

Accessory b ldg height, max

(ft) 2 4 ; 20 f lat roof

Building spacing, min (ff) 10 (principal to principal)

Floor area ratio (FAR) N / A

Accessory structure size, max: 1 0 % of lot or 5 0 % of dwell ing unit size, whichever is greater (except accessory dwell ing unit: [IcMBf ef 1,000 sq f t or 2 5 % ef principal structure)] See


lot mrma: 6,000 i t mln.

allay width: 20' mln; 24' max. 0

k! U - mln.

RS-6 Example Lot Configuration See Chapter 19.7 for design and development standards.

Average front setbacks may apply In some areas (see Section 19.7.6.B. Single-Family Residential Oaslgn Standards). Accessory structures: - Setback: 6' from pnncipal structura: S' trom lol line. • Maximum size: 10% of lot or 50% of principal structure whichever is greatest (except accessorv dwelling unit -

See Sect ion 19.S.3.B.71

For alley standards see Section 19.9.7.1.

0 Raar settiack lor rear-loaded garage: 18' mln. from allay If surface parWng is provided between garage and alley: 6' max. If no surtace partung is provldad.

frBNt aalbeck: 20' mln.

No. 1 8 - 19.5.5.11 Visitor Accommodations — Resort Hotel

2 . Resort Hotel

RESiDENTiAL DOWNTOWN RESIDENTIAL

RS-1 RS-2 RS-4 RS-6 RS-8 RM-10 RM-16 RH-24 RH-36 RMH DH DRL DRM DRH DP

COMMERCIAL INDUSTRIAL MIXED-USE DWNTWN

CN CO CC CH CT CA IL IG IP MC MN MR DCC DHC PS

C C C C C

(a) Definition

0) A building or group of buildings kept, used, maintained, advert ised, and held out to the public to be a hotel or motel where sleeping accommodations ore o f fe red to transient guests, in which [o minimum of 2 0 0 or morc—rootm] more than 2 0 0 rooms ore used for sleeping accommodations, and the premises on which the building or group of buildings are located ore a minimum of 25 acres or more, and that has o minimum of the fo l lowing amenities, all of which are directly connected to the building or group of buildings upon the premises.

i. One main bar with more than 30 permanent seats wherein alcoholic liquors are dispensed by the drink to customers at such bar ;

I I .

I I I .

I V .

V.

One service bar wherein alcoholic liquors ore p repared for service only at tables and not direct to customers at such bar ;

Entertainment that includes o t least one of the fo l lowing:

1. One faci l i ty with at least 25 seats wherein live entertainment is prov ided by at least one professional entertainer (musician or var iety artist) on a regular ly scheduled basis; or

2. One faci l i ty with at least 3 0 0 seats wherein live entertainment is prov ided by at least one professional entertainer (musician or variety artists) on a semi-regular basis (at least six times per year) .

One restaurant open for service to the public 2 4 hours per day , seven days per week, which is used, kept, maintained, advert ised or held out to the public to be a place where meals ore served and that has o seating capacity of more than 6 0 persons at one time at tables;

Room service to oi l rooms including, without l imitation, service of meals;

v i . A recreational faci l i ty that includes at least one of the fo l lowing:

1. Four regulation tennis courts with locker rooms and at tendant facil i t ies;

No. 18 - 19.5.5.11 Visitor Accommodations - Resort Hotel

2. One swimming pool that is swimmoble and adequate in relationship to the size of the resort hotel as approved by the City Council;

3. One regular golf course consisting of at least nine holes comprising at least 5 0 acres;

4. One gymnasium with dimensions of at least 4 0 feet in width, 6 0 feet in length, and 20 feet in height and equ ipped with exercise equipment.

(2) V/hen determining whether a part icular appl icant complies with the resort hotel definit ion, the City Council may consider: (1) the physical layout of buildings and facil it ies, (2) the unity of title and ownership of the buildings or group of buildings, (3) the operat ion and management relationship of gaming to hotel administration, and (4) the proximity of the proposed resort hotel to residential development.

(3) Vv'hen determining whether a part icular appl icant complies with the requirement of the resort hotel definit ion that the premises on which the building or group of buildings ore located ore a minimum of 25 acres or more, the City Council may exempt f rom this requirement those premises within a master-planned development prov ided that oil other requirements of the resort hotel definit ion shall continue to app l y to the part icular appl icant.

(b) Standards

Resort hotels shall comply w i t h all appl icable standards in Tit le 4.32 of the HMC

and this Code.

(c) Of f -St reet Parking Requirement

Schedule "C" (Section 19.7.4.C.3)

(d) Of f -St reet Loading Group

Group One (Section 19.7.4.D)

ordinance no. 3178 an ordinance of the city council of … · whereas, a zoning ordinance is...

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