§ 30.56.040. Yards, Setbacks, and Driveways.

a.

Yards. The areas located between buildings and property lines in the front, side, and rear areas of lots are considered yards (See Figures 30.56-5 and 30.56-6).

b.

Setbacks. Required setbacks shall extend the entire width or depth of the lot, or future lot line after required street dedication, and shall be open from the ground to the sky except for roadway improvements, utility equipment, accessory structures (such as mailboxes, light poles, or pedestrian overpass bridges) and landscaping required by any government entity or as needed by any public utility, and permitted architectural intrusions and enclosures. Parking may be located within required setbacks. These regulations are applicable for front, side, and rear setbacks of lots and establish the maximum buildable area of the lot. Except for the R-U, R-A, and R-E districts, setbacks are measured from the future right-of-way line, the edge of any private street, the back of sidewalk for attached sidewalks, or the property line, whichever is closest, to the nearest finished exterior surface of the applicable building or structure perpendicular for the depth of the required setback.

Exceptions:

i.

Setbacks for single family residential development in the R-U, R-A, and R-E rural residential districts are measured exclusively from the property line or future right-of-way.

ii.

Setbacks adjacent to detached sidewalks within required landscape areas shall be measured from a line 5 feet behind back of curb to the buildable area (see dedication requirements established in Section 30.52.030 and landscape Figures 30.64-17 and 30364-18).

1.

Front Setback. The minimum front setback, required per Chapter 30.40, is measured as shown in Figures 30.56-1 and 30.56-2 unless detached sidewalks are constructed (see Exceptions above, Section 30.52.030(a)(1)(K), and Figures 30.64-17 and 30.64-18). Additional setbacks are also required per Sections 30.56.040(d) and 30.56.070(b) for buildings over specified heights (see Figures 30.56-4 and 30.56-10).

2.

Single Family Driveways and Garages. The minimum driveway length for single family development within all residential districts for the principal garage shall be 20 feet except that all cul-de-sac lots shall have a minimum driveway length of 18 feet. Single family cluster development in the RUD and R-3 districts shall have a driveway length of either 10 feet or a minimum of 20 feet. Waivers to modify the driveway requirements herein established for principal garages facing the front shall not be permitted (See Figure 30.56-3).

3.

Multifamily Garages. Garage openings onto a drive aisle shall be set back a minimum of 8 feet.

4.

Collector Street Access. Where an existing residential lot fronts, faces, or accesses a collector or arterial, access to the street shall include a circular driveway design or on-site turnarounds to preclude the backing of vehicles onto the streets.

5.

Side Setback. The minimum side street setback, per Chapter 30.40, is measured as shown in Figures 30.56-1 and 30.56-2 unless detached sidewalks are constructed (see Exceptions above, Section 30.52.030(a)(1)(K), and Figures 30.64-17 and 30.64-18). Additional setbacks are also required per Sections 30.56.040(d) and 30.56.070(b) for buildings over specified heights (see Figures 30.56-1, 30.56-2, 30.56-4 and 30.56-10).

6.

Rear Setback. The minimum rear setback, per Chapter 30.40, is measured as shown in Figures 30.56-1 and 30.56-2 unless detached sidewalks are constructed (see Exceptions above, Section 30.52.030(a)(1)(K), and Figures 30.64-17 and 30.64-18). The additional setback required per Section 30.56.070(b) for building height shall apply only to portions of the building over fourteen (14) feet in height (see Figure 30.56-10). In the case of an irregular, triangular or gore-shaped lot, a line 10 feet in length, within the lot, parallel to and at the maximum distance from the front lot line shall establish rear property line (see Figures 30.56-1, 30.56-2, 30.56-5 and 30.56-6).

c.

Residential Buildings Along Railroad Line, Freeways or Drainage Channels. A residential building shall not be erected within 50 feet of the right-of-way of any railroad line, non-depressed freeway or drainage channel. The setback may be reduced to that which is required in the zoning district only when:

1.

Adjacent to railroads and freeways, a landscape buffer as shown in Figure 30.64-4, with a noise attenuated wall is constructed, or a 25 decibel noise level reduction is incorporated in the construction of the dwelling.

2.

Adjacent to a drainage channel, the channel is improved and/or a protective wall is constructed per the requirements of the Department of Public Works.

d.

Additional Setbacks From Streets and Rights-of-Way. A 10 foot setback shall be maintained between a street or future right-of-way line and a structure, as established by Section 30.52.030, except for the following:

1.

Architectural intrusions and enclosures: maximum 3 foot intrusion is allowed.

2.

Roadway improvements or equipment permitted by 30.56.040(f).

3.

Fences and walls permitted by Chapter 30.64. See Table 30.64-2 for requirements.

4.

Buildings which exceed 35 feet in height adjacent to arterial streets shall be set back an additional 1 foot of horizontal distance per 3 feet of vertical height per Figure 30.56-4, but they may not encroach into the Airport Airspace Overlay District Boundary. This standard does not apply for development within the SOSA Design Overlay District provided the development conforms to the related height/setback guidelines and standards within Section 30.48 Part M.

5.

Monument signs (see Table 30.72-1 for setback).

e.

Permitted Intrusions into Setbacks. The following may project into setbacks:

1.

Architectural Intrusions. Architectural features may project not more than 3 feet into any setback or space required between buildings on the same building site but not closer than 5 feet to any property line, unless in compliance with building code, but in no case shall it be closer than 3 feet.

2.

Architectural Enclosures. Architectural enclosures, may project not more than 3 feet into any setback or separation between buildings on the same building site and not closer than 5 feet to any property line, unless in compliance with building code, but in no case shall it be closer than 3 feet. The combined maximum width of such an enclosure on the ground level shall be 12 feet on any wall, measured in the general direction of the wall of which it is a part.

f.

Accessory Structures, Roadway Improvements and Utility Equipment in Required Setbacks. Fences, walls, mailboxes, light poles, required roadway improvements and utility equipment, power poles, and related structures may be permitted in any required setback provided that:

1.

The diameter of the light pole does not exceed 1 foot. The length, width or diameter of the base of the light pole may be a maximum of 2 feet provided the base is not more than 4 feet high.

2.

The utility equipment is for a utility regulated by the Public Utilities Commission.

3.

The roadway improvements including, but not limited to, street lights, street furniture, traffic control signs and devices, and pedestrian overpasses are required by Clark County and provided in accordance with County standards.

4.

Street lights may exceed the maximum height permitted in a particular district provided they are required by, or in conformance with, Clark County standards.

5.

Street lights for private streets may exceed the maximum height permitted in a particular district provided they do not exceed the maximum height per Clark County standards for street lights. In Community District 5, street lights on private property which are not required improvements may be permitted with an Administrative Minor Deviation per Table 30.16-8.

g.

Setback Requirements for Consolidated Lots. Except for residential development, when a building spans the common property line separating 2 contiguous lots, the lots shall constitute a single building site and the yard requirements shall not apply to the common property line. See Building Code for additional setbacks.

(Ord. 3720 § 6, 2008; Ord. 3635 § 8, 2008; Ord. 3586 § 7 (part), 2008; Ord. 3549 § 9 (part), 2007; Ord. 3518 § 12 (part), 2007; Ord. 3397 § 11 (part), 2006; Ord. 3373 § 3, 2006; Ord. 3356 § 4, 2006; Ord. 3354 § 9 (part), 2006; Ord. 3238 § 7 (part), 2005; Ord. 3113 § 7, 2004; Ord. 3106 § 9, 2004; Ord. 3055 § 7, 2004; Ord. 2907 §§ 7—8, 2003; Ord. 2857 §§ 13—14, 2003; Ord. 2769 § 100, 2002; Ord. 2741 § 10 (part), 2002; Ord. 2573 § 12 (part), 2001; Ord. 2510 § 12, 2000; Ord. 2482 § 13 (part), 2000; Ord. 2481 § 3 (part), 2000; Ord. No. 3805, § 6, 8-19-2009; Ord. No. 3955, § 8, 5-18-2011; Ord. No. 4077, § 11, 1-9-2013; Ord. No. 4200, § 6, 4-16-2014; Ord. No. 4275, § 9, 2-18-2015; Ord. No. 4481, § 12, 4-19-2017; Ord. No. 4658, § 13, 12-19-2018)