Chapter 5
14-5-9: SETBACKS:
14-5-11: SCREENING:
14-5-13: ROADS:
14-5-15: PARKING:
14-5-16: LIGHTING:
14-5-17: SIGNS:
14-5-24: UTILITIES:

14-5-1: SEPARATION OF USES: linklink

The creation of a planned unit development allows for greater flexibility in design for a developer while protecting important features of a site. However, an orderly and compatible arrangement of proposed uses will ensure long term viability and success of a mix of uses throughout the planning area. All permitted and special uses by zone are listed in section 14-6-7, "Appendix G; Permitted Uses", of this title.

A. Commercial uses (C-2) may not abut any residential property at R-3 or greater density. Only C-P or C-1 uses may be allowed as transition densities to C-2.

B. Any establishment selling liquor must be at least one thousand feet (1,000') direct distance from any school, church, park or childcare facility with distance being measured from business to primary use building.

1. Liquor establishments include taverns and liquor retail stores. (Restaurants with a bar are not considered liquor establishments for the purpose of this separation.)

2. Liquor establishments must be at least one thousand five hundred feet (1,500') from adult business (AB) uses.

C. With the exception of full service restaurants, liquor sales will only be permitted in industrial, resort, mixed use and C-2 commercial zones.

D. Resort zones may not abut any single-family residential properties.

E. Commercial/professional (C-P) office uses and mixed uses (X-U) are acceptable as buffers to higher intensity commercial zones or light industrial zones.

F. Aggregate sites may not be located within one thousand feet (1,000') of residential uses.

G. Religious institutions are encouraged in residential areas with appropriate design and parking standards for screening, buffering and siting of facilities to prevent glare, noise or other possible operational impacts.

H. Adult businesses (AB) may not be located within two thousand five hundred feet (2,500') of any religious institution, school, boundary of any residential district, park, boys' club, girls' club, similar existing youth organization or childcare facility.

1. ABs shall be separated from all liquor establishments by one thousand five hundred feet (1,500').

2. ABs may not be operated within one-half (1/2) mile of another such business, which will include any adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment.

3. ABs may only be located in C-2, M-1 and M-2 industrial zones. All other zones are prohibited.

I. Transitional uses or design features may be required by the county for any compatibility concerns not mentioned above. This may include, but not be limited to, transitioning, using or modifying proposed: height, colors, floor area, lot size, lighting, walls or berms, landscaping, grading of site, placement of structures on site, orientation of structures or lots, alternative uses of space. (Ord. 2007-01, 3-5-2007)
14-5-2: HEIGHT, BULK, AND SCALE: linklink

A. Commercial and residential buildings will not exceed a maximum height of two and one-half (21/2) stories, or thirty five feet (35') at average grade unless a variance is granted by the commission for appropriate uses. No waivers will be permitted in or adjacent to any residential zone.

B. Variance requests for height will be accompanied by building design, landscaping orientation, emergency equipment to serve building, setback and streetscape measures that will lessen the visual impacts upon surrounding areas and uses.

C. Box like or single, monolithic forms that are not relieved by variations in massing or articulation of facades are not acceptable. The perceived height and bulk of buildings shall be reduced by dividing the building mass into smaller scale components.

1. Larger buildings must incorporate jogs, offsets or other architectural features to reduce the visual length of long walls. Variety and/or variation of rooflines is required to reduce the apparent size of commercial buildings and provide visual interest.

2. All building surfaces over two (2) stories high or fifty feet (50') in length must be relieved with a change of wall plane that provides strong shadow and visual interest.

3. Loading areas and rooftop equipment shall be visually screened from residential uses.

4. Building elevations with public access or windows shall face the street(s).

5. Loading areas shall be provided for each freestanding commercial structure or shared sites for grouped structures.

6. Loading docks shall not be visible from the street. These areas shall be designated as to prohibit trucks from idling in these areas except in approved loading spaces in daylight hours. Loading docks may not be located adjacent to residential, park or open space areas unless enclosed.

D. Buildings shall be compatible with the scale and mass of existing development allowed by the applicable land uses for the surrounding area as established at the time of application, and shall be sited and designed to provide a sensitive transition to nearby development.

1. All single-family detached dwellings shall contain a minimum of one thousand two hundred (1,200) square feet of living area.

2. Block walls may not exceed fifty feet (50') in length without jogging, sawtooth, or meandering visual effects added to break up visual intensity. Walls used between zoning districts shall provide for direct route pedestrian pathways to increase pedestrian mobility of residents.

3. Projects on the edges of zoning districts shall be developed in a manner which minimizes the adverse impacts resulting from incongruous height, activities, bulk and scale of large buildings. Alternatives to mitigate such impacts include, but are not limited to, siting and design, additional building setbacks or stepping back of upper floors, operational changes and the actual physical reduction of the height, bulk and scale of a project. (Ord. 2007-01, 3-5-2007)

A. Building Exterior: Stone, stucco, colored or exposed aggregate or textured finish concrete, decorative block and brick are the preferred materials for building exteriors. Simulated materials and building systems which provide an aesthetic similar to the preferred materials may also be acceptable. The use of ceramic tile, brick cast or real stone accents and trim are encouraged.

B. Roofing: Concrete or clay tile is encouraged on all sloped roofs however a composition shingle tiles or other similar materials are acceptable. Architectural metal roofing may also be acceptable but should not be used as the primary material for large expanses of roof. Wood shingles and shakes are not acceptable. Commercial buildings may be approved with other roofing on a case by case basis.

C. Trim: Exposed wood trim shall be of materials rated for a desert environment. All wood shall have a stained or painted finish. The use of durable substitute materials for wood such as painted polymer aluminum, metal, or fiberglass is recommended.

D. Building Facade: The building design shall incorporate patterns and materials that provide visual interest. Flat, plain building walls are not acceptable. This shall be accomplished through the use of changes in color, materials and/or relief such as the inclusion of belt lines, pilasters, pop outs, etc. At a minimum, the front elevation of all dwellings shall have recessed windows and entrance doors, or pop outs or other architectural detailing around windows, entrance doors and garage doors. In addition, the rear or side elevation of any dwelling, when the rear or side elevation faces a collector or arterial street, shall have recessed windows, or pop outs or other architectural detailing around windows.

E. Reflective Material: Highly reflective, shiny or mirror like materials and unplastered exposed standard concrete and standard concrete masonry units shall not be used.

F. Simplicity: Restraint should be used in the number of different materials and colors selected. Simplicity of patterns is desired.

G. Coherent Design: All sides of a building shall be coherently designed and treated. A consistent level of detail and finish is required for all sides of a building.

H. Flat Roof: Any building design, which utilizes a flat roof shall incorporate a parapet wall and/or cornice element on all sides of the roof.

I. Lighting: All lighting fixtures shall be dark sky friendly approved lighting fixtures according to section 14-6-3, "Appendix C; Outdoor Lighting Code", of this title. (Ord. 2007-01, 3-5-2007)

A. Standards: Must be in conjunction with a residential development containing at least three hundred (300) units or a recreational vehicle park, regardless of the number of spaces.

B. Commercial Uses Within A Residential Zone (Only R-H And R-M): (Example: Sundries store within an apartment complex):

1. Use should be designed to serve the immediate residents and guests only.

2. Location must be within building used for recreational purposes or property management offices.

3. Floor area to be no more than one thousand (1,000) square feet per every three hundred (300) residential units with a maximum of two thousand five hundred (2,500) square feet.

4. No exterior signs or lighting can be added.

5. Hours of operation and delivery are six o'clock (6:00) A.M. to ten o'clock (10:00) P.M.

C. Accessory Dwelling Units:

1. Shall include a deed restriction filed with the county recorder limiting the use of the accessory unit as a guesthouse and precluding the unit as a rental unit.

2. Shall be connected to public water and sewer services where available, or have on site water and sewer facilities that comply with all county and state regulations.

3. May not be sold separately from the sale of the entire property, including the principal dwelling unit.

4. Shall be permanent structures.

5. Shall be limited to one-story detached structure except a guesthouse or caretaker's quarters located over a garage.

6. Shall not exceed one thousand (1,000) square feet of habitable area or be less than six hundred (600) square feet.

7. Must meet all required setbacks listed in section 14-5-9 of this chapter.

8. Accessory units are permitted based on zoning district table.

D. Accessory Structures:

1. Private tennis courts shall not be constructed within twenty feet (20') of any adjoining residential property line. Tennis court fences or walls shall not exceed twelve feet (12') in height, and lighting standards will be subject to lighting requirements in section 14-6-3, "Appendix C; Outdoor Lighting Code", of this title.

2. Private pools shall not be constructed within five feet (5') of any adjoining residential property line and fencing shall be provided around all pools and must conform to international building code.

3. Detached accessory buildings within R-3 or greater density residential zones shall be less than seventy five percent (75%) the footprint size of the primary structure first floor area unless allowed by a special use permit.

4. Accessory structures shall adhere to the same building style, height and color palette of the primary structure.

5. No accessory structures may be built within a specified utility easement. All building setbacks are measured from the edge of such easements. (Ord. 2007-01, 3-5-2007)

All flood control facilities shall follow the design standards and specifications set forth by the Lincoln County floodplain manager and in accordance with adopted county standards and any overall drainage study for the Toquop area.

A. Facilities shall follow RFCD procedures for ponding and settling of floodwaters and storm runoff as well as erosion and sedimentation measures.

B. Specifications for open channels, detention basins, culverts, bridges, and street drainage shall meet RFCD codes.

C. All developers/owners will share proportionally in the costs for planning and coordinating flood control measures for the entire Toquop planning area.

D. Required open space areas may include flood control facilities.

E. Specifications for drainage improvements such as storm drain manholes and drop inlets shall also comply with RFCD standards.

F. Drainage facilities in a PUD may not be designed to increase peak flow or velocity of water in any given location.

G. Flows may not disrupt the existing streambed or cause undue interference with existing spawning. All discharge that might flow to the river must either enhance or maintain the existing water quality and must be filtered out via treatments such as oil absorbent pads or other acceptable mitigation standards.

H. To the extent possible, drainageways shall be lined with natural materials such as grass, soil, gravel or rock or other materials such as patterned concrete as allowed by the regional flood control district. These drainageways will be funded via assessment fees to developers per development agreements. Where these drainageways service more than one development site, proportionate costs are to be shared between all developments involved. (Ord. 2007-01, 3-5-2007)
14-5-6: GEOTECHNICAL: linklink

A. Geotechnical analyses, soil studies, borehole tests, grading, and slope specifications shall conform to the international building code, most recent edition.

B. Before any earthworks are commenced, areas of cut and fill shall be clearly defined, and where necessary or as directed, sufficient fencing or barriers should be provided around trees or other features that are to be protected. Adequate provision shall be made for the control of erosion and surface water runoff subject to an approved grading permit for all areas over two (2) acres in size.

C. Erosion control and sediment loss measures shall be used per the international building code. Additionally, developers will be required to expose only as much ground as reasonably needed at any one time.

D. When geotechnical conditions are favorable, natural features such as washes should be retained in their natural state to the greatest extent possible and integrated into the design of the site.

E. A site disturbance plan shall be required for all development at the tentative plan stage to indicate areas to be retained in their natural topography and areas of disturbance. Slope maps must be provided at two foot (2') contours indicating before and after landforms and areas to be graded. (Ord. 2007-01, 3-5-2007)
14-5-7: SLOPES AND GRADE LENGTHS: linklink

A. Slopes and grade lengths for sidewalks will meet ADA standards; in addition, driveways in multi-family zones will meet ADA standards.

B. Slopes and grade lengths for sidewalks, driveways, and streets will meet regional transportation commission standards and specifications.

C. Cross slopes will not exceed two percent (2%) maximums with sidewalks at a distance of five feet (5') from back of curb. (Ord. 2007-01, 3-5-2007)
14-5-8: HILLSIDE DEVELOPMENT: linklink

A. Site Disturbance: For all areas of the lot or parcel with less than a fifteen percent (15%) slope and outside a sensitive ridgeline, one hundred percent (100%) site disturbance may occur in conjunction with development phasing. All development areas with slopes greater than fifteen percent (15%) will be considered hillside development areas. Slopes between fifteen (15) and thirty five percent (35%) slopes may be graded and developed according to approved development plans and this section. Grading on slopes greater than thirty five percent (35%) is prohibited except in small areas (1/2 acre or less) surrounded by lesser slopes. Slopes will be no greater than two to one (2:1) on slopes greater than fifteen percent (15%) and three to one (3:1) for slopes under fifteen percent (15%). Grading plans will be required for any disturbances greater than two (2) acres including those within five hundred feet (500').

B. Development Specifications: Excavation, transition sloping, trenching, backfill, erosion control, aggregate and material bases shall all meet the construction detail specifications of the RTC uniform standards and specifications manual.

C. Water Runoff: Reduce water runoff and control erosion by maintaining the natural features of the land, using on site best management practices to reduce erosion and minimize stormwater runoff.

D. Need For Public Services: Minimize the need for public services where the ability to provide services is limited by the terrain.

E. Identification: Tentative development plan shall identify specific hills to be used for hillside development, planned slopes and excavation.

F. Density: The maximum density within hillside development is two (2) units per acre, and nonresidential development as a principal use, other than public facilities, is not permitted.

G. Erosion Control: Seeds for trees, desert shrubs, and grasses shall be planted with a density adequate to control erosion and based on the approved weed management plan (section 14-6-5, "Appendix E; Weed Management Plan", of this title).

H. Watering System: A watering system shall be used until the revegetated materials are established and approved by the RFCD.

I. Stabilizing Material: The stabilizing material used shall blend with the natural appearance of the site or lot and its surrounding terrain.

J. Buildings: All exterior walls and roofs of structures, except solar generating/collecting equipment, shall be colored to blend with the desert environment and reflective building materials (i.e., mirror finished glass and mirror finished doors, metal roof unless treated to eliminate glare and other polished materials that would increase the sun's reflective glare) shall not be permitted.

K. Setbacks:

1. Approved Setback: All development, excluding perpendicular road crossings, is subject to an approved setback from each sensitive ridgeline.

2. Grading Plan: The grading plan shall be approved prior to any grubbing, grading, or clearing of an area and shall occur only within the areas identified on the approved grading plan.

L. Riprap: All cut and fill slopes steeper than a ratio of three horizontal to one vertical (3:1), or as approved by a geotechnical report with the exception of retaining walls, shall be treated to control erosion as approved by the county.

M. Natural Areas: The intent of natural areas is to provide for retention of hillside areas in their natural state and to provide for open space. The density and site disturbance shall be transferred to other portions of a site. Specific criteria for natural areas includes:

1. Natural areas shall be at least one-half (1/2) acre in size or immediately adjacent or contiguous to other land also designated as a natural area which, in the aggregate, totals at least one-half (1/2) acre in size.

2. Site disturbance other than hiking trails or related structures shall not be permitted within the geographical area of a natural area, unless approved for public use equipment such as benches, restrooms, and parking areas in order to offer recreational advantages.

3. The natural area shall be delineated on the tentative and final maps of a subdivision, grading plans or on any development plan required for development other than a subdivision, and shall be designated by legal description for lot division.

4. Natural areas may be designated as a deed restricted portion of a privately owned lot, or as a deed restricted separate parcel. Such parcel may be under the ownership of a property owners' association or deeded to any organization, or a maintenance district which accepts responsibility for the perpetual preservation and maintenance of the natural area, subject to approval and acceptance by the commission.

N. Hillside Ownership: Ownership of hillside property shall be that of the lower property owner.

O. Hillside Wall Standards: The intent of wall standards is to reduce the visual impact of screening and retaining methods used on hillside developments. Specific criteria for design include:

1. The maximum height of retaining walls is thirty six feet (36'). For each six feet (6') of vertical height, a six foot (6') horizontal offset shall be provided.

2. Walls with a change in alignment shall to the greatest practical extent incorporate the use of graduating steps rather than sharp corners.

3. Walls shall either incorporate the use of native materials or be earth tone colors to match the native soils.

4. Hillside residential developments shall include covered porches or other architectural features on the front elevation, which will effectively reduce the vertical effect of the raised structure. The minimum width of such porch or architectural feature shall be seventy five percent (75%) of the width of the front elevation.

5. The use of wrought iron or other similar open materials is encouraged for security walls and opaque rear walls.

6. Perimeter walls may be permitted around the sides of hillside development parcels. (Ord. 2007-01, 3-5-2007)

(Ord. 2002-05, 10-21-2002, eff. 12-6-2002)
14-5-9: SETBACKS: linklink

A. General Goals: Due to the flexibility of the PUD concept, it is impractical to define an exact pattern for the arrangement of group dwellings. However, development in the area shall provide a functional and nonmonotonous orientation of units with a maximum of open space. General goals include:

1. Minimum Spacing: The minimum spacing between buildings in a PUD shall comply with all fire code and international building code regulations governing spacing.

2. Rear Yards: The rear yards of all buildings in all residential zones must be no less than thirty feet (30'). Patio covers may be placed in rear yards, but the distance between the rear wall and patio cover eaves must remain no less than fifteen feet (15'). This setback applies to accessory structures placed in rear yards as well.

3. Side Yards: Side yards abutting a street (public or private) in all zones, except detached residential (R-E, R-3, and R-1a) shall not be less than twenty feet (20'). Detached residential side yards shall not be less than ten feet (10') from the street or side property line.

4. Front Yards: The front setback of all buildings in all zones is no less than twenty five feet (25') from the back of sidewalk, or curb if a sidewalk is not planned. For all residential subdivisions, garages must be a minimum of thirty feet (30') from the back of sidewalk.

5. Buildings Front To Front: Buildings that have a front to front relationship across a landscaped area or open courtyard must maintain a minimum setback between buildings of fifty feet (50').

6. Buildings Side To Side: Buildings in all zones that have a side yard to side yard relationship must maintain a minimum setback of twenty feet (20').

7. Buildings Rear To Rear: Except in detached residential zones, buildings that have a rear yard to rear yard relationship must maintain a minimum setback of forty feet (40'). In order for detached residential zones to meet the thirty foot (30') back yard minimum, the rear to rear setback must be sixty feet (60').

8. Buildings Rear To Side: Buildings that must have a minimum thirty foot (30') separation distance.

B. Measurements: All building setbacks must be measured from the outside edge of all porches, permanent awnings or architectural features versus flat wall of the building. Any proposed waivers to setback standards must account for allowances for such structures.

C. Yards: Yards are the area contained between the building and the property lines and apply to the front, side, and rear areas of lots.

D. Required Setbacks: Required setbacks shall extend the entire width or depth of the lot and shall be open from the ground to the sky except for required utility equipment, accessory structures, such as mailboxes, light poles, or pedestrian overpass bridges when required by any government entity or as needed by any public utility.

E. Parking: Parking may be located within required setbacks except on sidewalk areas. These are applicable for front, side and rear setbacks of lots.

F. Residential Lots: Residential lots shall not front any collector or arterial streets.

G. Freeways Or Drainage Channels: Residential buildings shall not be erected within fifty feet (50') of the right of way of any freeway or one hundred feet (100') regionally from the high water mark of a significant drainage channel or other drainageway identified in the regional drainage study. (Ord. 2007-01, 3-5-2007)
14-5-10: LANDSCAPING: linklink

A. Arterial Streets: Sidewalks/bike lanes shall be surrounded by an average of ten feet (10') of landscaping on both sides for a total minimum buffer of street to development of thirty feet (30').

B. Collector Streets: Sidewalks/bike lanes shall be surrounded by an average of five feet (5') of landscaping on both sides for a total minimum buffer of street to development of twenty feet (20').

C. Private Collector Streets: Internal private collector streets shall have minimum of one 24-inch box tree (minimum 2 inch caliper) for every twenty feet (20') of gross frontage, with a maximum distance of twenty feet (20') on center between any such tree and the tree nearest to it, whether on the same or different lot; and a minimum of four (4) shrubs, each with a minimum size of five (5) gallons (minimum 3 feet above the top of the root ball), shall be provided for every tree.

D. Internal Private Streets: Sidewalks shall be surrounded by an average of three feet (3') of landscaping on both sides for a total minimum buffer of eleven feet (11').

E. Maintenance: Trees located on streets described in subsections C and D of this section will be maintained by the HOA, CAM or other assigned district.

F. Bare Soil: Bare soil is not permitted other than on hillsides (where natural) used as open space or natural areas. Any streetscape area not covered by vegetation must contain a minimum of two inches (2") of mulch, landscape stone or decomposed granite.

G. Minimum Canopy: Landscaping must provide minimum ground coverage of sixty percent (60%).

H. Required Landscaping: Required landscaping shall be irrigated, contain live plant materials, and be maintained in a living, growing, sustainable condition.

I. Turf Areas: Turf areas in nonresidential zoning districts shall not exceed fifteen percent (15%) of the net lot area, exclusive of public rights of way. Turf shall consist of either fescue, bermuda, or bluegrass species. AstroTurf may not be considered as turf. Turf may not be used on slopes greater than fifteen percent (15%).

J. Turf Area Width: To provide for the efficient use of water and to minimize the runoff of water onto adjacent nonpermeable surfaces, the minimum width of any turf area, except in single-family zoning districts, shall be ten feet (10').

K. Parking Lot Landscaping: Landscaping shall also be provided within parking lots in a manner which will serve to visually reduce the expanse of paved areas.

1. Larger areas of grouped plantings will be encouraged over smaller planting areas.

2. Pedestrianways should be developed in conjunction with larger planting strips or islands of at least twenty five (25) square feet per tree.

3. Plant one large canopy tree for every seven (7) parking spaces around the perimeter and throughout parking lots, the maximum distance between trees in linear tree islands should be thirty feet (30').

4. The minimum width for tree wells and planting islands is eight feet (8'). Structural soils may be required for tree wells.

5. Provide a minimum open soil surface area for small, medium and large trees of twenty five (25), one hundred (100) and four hundred (400) square feet respectively.

L. Visibility Restriction Areas: All landscaping within sight visibility restriction areas shall be no taller than thirty inches (30") above the adjacent street centerline when fully mature.

M. Irrigation: Landscaping shall be irrigated with an automatic sprinkler system; drip irrigation systems with automatic moisture sensor shall be used in all landscaping buffer areas or areas smaller than twenty feet (20') in width where ground cover, trees, and flowerbeds occur.

N. Tree Guidelines: No tree whose mature height exceeds fifteen feet (15') shall be planted under a high voltage transmission line.

1. Staking: Trees shall be staked for the first year of growth only.

2. Selection: "Trees For Tomorrow" shall be used for tree selection and best management practices for trees.

3. Landscape Conformance: All landscaping and best management practices shall conform to the "Trees For Tomorrow" publication in section 14-6-4, "Appendix D; Trees For Tomorrow", of this title for water conservation.

O. Irrigation On Residential Lots:

1. Each residential lot shall have a minimum of two (2) trees planted with irrigation between the sidewalk and the front of each house at the time the house is constructed.

2. Each residential lot shall be provided with an inground irrigation system for front, side and rear yards with at least three (3) valves.

3. All landscaping and irrigation systems will be installed and maintained by the developer until such point that the maintenance district, HOA or other responsible party has agreed to take over its maintenance. CC&Rs will include language for the maintenance and operation of irrigation systems. (Ord. 2007-01, 3-5-2007)
14-5-11: SCREENING: linklink

A. Screen Fence Or Wall: All commercial projects shall provide a solid screen fence or wall (subject to subsection L of this section) not greater than six feet (6') in height along all rear and side property lines which are common to property zoned for residential purposes. In the case of a floodplain, the solid wall or fence may be replaced by a wrought iron structure where appropriate. Walls may not be higher than eight feet (8') unless approved by the county.

B. Masonry Walls: Masonry walls must conform to the international building code.

C. Retaining Walls: All retaining walls shall be sealed by a method approved by the county to prevent the leaching or transmission of mineral deposits through the wall. Weep holes shall be provided to prevent water pressure buildup.

D. Block Or Stone Walls: Split faced block walls with a minimum of two (2) rows of offset color, stucco walls, or screen walls are required unless other screening materials are approved by the county. Stone walls are also permitted.

E. Business And Industrial District Fences: Fences and walls in all business and industrial districts shall not exceed eight feet (8') in height except that boundary line fences abutting residential districts shall not be greater than six feet (6') in height (measured from residential side) and barbed wire shall not be permitted along said boundary line. Perimeter walls around retail stores and shopping centers should match the building(s) in material or color. This provision is subject to subsection L of this section.

F. Waivers: If a perimeter fence's or wall's proposed deviation is the result of unique topographic conditions, the person wishing to construct such fence or wall may apply for a waiver. Fencing styles shall include open fencing types, ranch style fencing, split rail, black iron, etc.

G. Wall Along Street: No screen wall along any street shall directly abut the rear of the curb. Landscaping strips and sidewalks will be provided.

H. Height:

1. Allowed: Unless otherwise authorized in the planning process through a variance, a screening wall of no more than six feet (6') in height above high grade may be constructed and maintained between uses of differing intensity or character. This may include between existing and/or future:

a. Multi-family and other multi-family developments;

b. Single-family and multi-family developments;

c. Residential and nonresidential uses;

d. Differing nonresidential uses;

e. Parking areas subject to general public view if not specified elsewhere in this title;

f. Rear and/or side lot areas and public rights of way.

2. Location: Screening shall be located adjacent to perimeter property lines, but on the constructing party's property, unless otherwise approved by the county, which may include public rights of way.

3. Exceptions: In lieu of screen walls, the county encourages and may require alternative methods for screening uses of differing character, density or intensity. Alternative methods may include open space with landscaping; landscaped earth berms (particularly with parking lots); lower screen walls with landscaping (particularly with parking lots); open fencing with view lots.

I. Side Yard Walls: Side yard walls, higher than thirty two inches (32"), shall not extend beyond the plane of the front wall of the house. Alternative dynamic design ideas may be approved by the commission as submitted with the PUD application.

J. Decorative Screen Walls: Pilasters and decorative caps are encouraged as one method of providing decorative screen walls. The county will review each decorative screening idea as submitted with the PUD application.

K. Sight Visibility Zones: Sight visibility zones shall be established and maintained at all intersections of public and/or private streets and alleys and drive aisles.

1. Height: No structure, vegetation, or object of any kind is permitted over thirty two inches (32") in height, measured from the top of the adjacent curb if a curb exists.

2. Traffic Control Devices And Streetlights: Traffic control devices, their related appurtenances and streetlights illuminating public streets may be placed within the sight zones.

3. Drive Aisles: An additional sight zone shall be maintained within fifteen feet (15') of the point of intersection of any drive aisle curb cut (including any medians) and any public or private street right of way (see diagram below). (Ord. 2007-01, 3-5-2007)

(Ord. 2002-05, 10-21-2002, eff. 12-6-2002)

L. Pedestrian Accessways: Screening walls and fences must provide for pedestrian accessways through the walls between varying land uses in all land use districts and to establish direct corridors for safe school routes from home to school and for subsection H1 of this section. (Ord. 2007-01, 3-5-2007)

A. Development: Development of open space, parks and recreational facilities agreed upon in the master development map/development agreement or tentative PUD map stage or required in this title must be completed within the first phase of each development in a multiphase project or at thresholds as identified in the development agreement.

B. Natural Features: All significant natural features such as drainages and prominent rock features shall be preserved and, where necessary, protected by setbacks and easements from development.

C. Native Plants: Significant native plants shall be preserved and protected from alteration and destruction.

D. Minimum Percentage: A minimum of twenty five percent (25%) of gross acreage must be identified for open space and parks and public facilities. A minimum of ten percent (10%) of the gross land area must be preserved as public open space. Public uses include trails, recreation areas, parks, public golf courses, community centers and stormwater detention facilities (if usable by the public for parks and recreation).

E. Computed Open Space: No parking areas, public facilities, schools areas, roadways, private internal open space, storage areas or required park acreage above shall be computed as open space. A minimum of twenty five percent (25%) of all required open space lands must be usable for either passive or active recreation uses.

F. Park Acreage Requirement: In addition to the ten percent (10%) open space requirement, developers in a PUD must provide a minimum of six (6) acres of park per one thousand (1,000) persons. If the development does not have one thousand (1,000) persons, the park area required will be based on a ratio. Persons per household will be determined based on an average of 2.5 persons per unit, hence a minimum of six (6) acres of developed park space for every four hundred (400) homes/units. These sites must be identified in the master development plan map stage by their identification within each proposed development area and finalized upon filing of tentative map applications. Park locations must be designated separately and in addition to public facility sites and dedications. Park areas must be identified as land use districts on the preliminary map and required for all public uses including trails, recreation areas, parks, public golf courses and stormwater detention facilities (if usable by the public for recreation). Thresholds for park dedications must be outlined in the development agreement as a percentage of required park for any tentative map phase.

G. Trail System: Common open space must be set aside for the use and benefit of the residents and owners and shall be linked to existing and planned public open space areas to provide an overall open space system.

1. The plan for the thirteen thousand five hundred (13,500) acres of Toquop planning area will include a comprehensive trail system along all major arterials and to residential areas, connecting all parks and recreation facilities and schools.

2. Any such trail system should connect with any adopted trail plans for the city of Mesquite and conform to county trail standards.

3. Pedestrian and bicycle connections and necessary equipment shall be provided to link all PUD areas including, but not limited to: all adjacent neighborhoods, school sites, commuter parking facilities, open space, parks and recreation facilities and commercial areas.

4. Split use trail systems shall be provided for both nonmotorized and motorized uses (if golf cart paths are proposed).

H. Recreational Facilities: All residential areas within planned unit developments shall be provided with common usable open space with active (e.g., swimming pools, tot play equipment, courts, golf courses, fitness stations, etc.) and passive recreational facilities (e.g., ponds/water features, sheltered picnic tables, barbecue facilities, swinging benches, etc.). Open space and recreational facilities are encouraged for adjacent/shared use with school facilities. Operational agreements will be provided which are acceptable to the Lincoln County School District.

I. Construction And Maintenance: All recreational facilities will be constructed by the developer to a level commensurate with a commercial installation standard. The developer shall maintain such facilities (prior to dedication to an approved entity) for up to two (2) years or provide payment for such transfer at an earlier date. Parks are encouraged as part of model home site areas to create a destination for early visitors and users. Park sizes should be varied allowing for larger regional parks and for smaller neighborhood parks.

J. Prohibited: The following areas shall not be considered as open space or parks: rights of way, required setback areas and/or private yards, landscaped entry features, private golf courses, public facility sites, any area which is not platted as a separate lot, unless it is made available for common use by means of an appropriate access and use easement, perimeter landscaping, unless it is part of an approved common open space and recreational facilities plan.

K. Park Design: Parks and facilities shall be designed and constructed to a commercial installation standard by the PUD developer at its sole expense according to the development agreement timing. All parks will be constructed to a commercial installation standard, prior to dedication to the maintaining organization and shall include at a minimum:

1. A multipurpose field or open play area.

2. A playground or tot lot with equipment.

3. Landscaped picnic areas with barbecues.

4. Daytime restroom facilities and drinking fountains.

5. A landscaped parking area/public telephone.

6. Shade structures for areas in subsections K1 and K2 of this section.

7. Trail system connecting to adjacent neighborhoods, schools, open space, an overall trail network and commercial areas.

8. Any amenities required in county park plans.

L. Overall Plans: Overall plans for parks, trails and open space (including channels, slopes or wash areas) will be required at the time of the conceptual map/development agreement application for approval to ensure that desired amenities for the neighborhoods are provided and that maintenance for these facilities are ensured into the future.

M. Golf Courses: Public golf courses may be considered in open space allocations up to twenty five percent (25%) of total required open space. Trail networks and pathways will provide connections and be designed as part of public golf courses to increase their usage.

N. Private Open Space: Internal open space areas shall be situated on each residential lot and/or development envelope or clustered immediately adjacent to each residential area. These private areas will not be considered in the measurement of parks or open space area. The following uses are permitted in private open space and developed public parks:

1. Riding stables.

2. Tennis courts.

3. Swimming pools.

4. Clubhouses.

5. Athletic fields.

6. Public museums.

7. Skateboarding facilities (open air).

8. Fairgrounds.

9. Zoo.

10. Farmers' market (as a special use).

11. Community centers (as a special use).

O. Golf Cart Paths:

1. Where cart paths exist they must be used by carts in preference to parallel city streets with the exclusion of those cart paths privately owned and maintained by the golf courses.

2. Carts driven at night must be equipped with functional headlights and taillights; carts driven along public streets must have an audible signal and brake lights.

3. Golf cart paths are required to facilitate pedestrian and golf cart access from residential and commercial developments to schools, parks, playgrounds and other city amenities via a cart path system. When the cart path system is extended to the boundary of the parent parcel, the county will work with other adjoining developers to maintain consistency of transport and materials used.

4. Carts are not allowed on or across roadways or rights of way greater than eighty feet (80') in width.

5. No person under the age of twelve (12) is permitted to drive a golf cart; maximum cart speed is fifteen (15) miles per hour.

6. Golf cart parking spaces shall be provided in all commercial areas and public facility locations accessible by the overall path system. Separate pedestrian and bicycle paths/trails will be provided in addition to the cart paths.

P. Channel Or Wash Area: The area of any channel or wash which is to be retained in its natural state, improved as a nonconcrete channel, or improved with a combination of natural materials and stamped concrete, may be counted toward the requirements for open space within the subdivision or planned unit development upon the review and approval of the county.

Q. Physical Improvements: Physical improvements that are permitted within public open space may include, but are not limited to:

1. Trails, for equestrian, joggers or bikers, paved with materials such as wood chips or gravel, per AASHTO standards.

2. Stormwater and erosion control facilities.

3. Protected cultural resource sites.

4. Community gardens/greenhouse.

5. Interpretive kiosks.

6. Other uses approved by the county. (Ord. 2007-01, 3-5-2007)
14-5-13: ROADS: linklink

A. Grades: Grades and siting of roads should be designed to minimize grading of the original topography. Combinations of steep grades and sharp curves should be avoided.

B. Erosion: Road systems should minimize erosion and provide for efficient and maintainable drainage and utility systems.

C. Attractive Development: Roads shall be designed and arranged with appropriate regard for topography and other natural features, which would enhance attractive development and be buffered from adjacent residential areas and other development areas.

D. Design Standards: Roadway designs must be in conformance with NDOT standards as well as the RTC uniform standards and specifications, including all types of roadways, bikeways, sidewalks, driveways, cul-de-sacs, knuckles, alleys, medians, and bus turnouts.

E. Private Roads: Private roads within developments should be designed and arranged so that their use by through traffic or other high speed traffic will be discouraged. Traffic calming measures shall be employed through design such as bump outs, pedestrian crossings with surface treatments, vertical structures, landscaped islands and other means.

F. Intersections: Proposed roads shall intersect one another, as well as existing roads, as nearly at right angles as topography and other limiting factors of good design permit. Curved roads versus grid style are encouraged, but never to the extent that they limit the traffic flow of emergency vehicles.

G. Emergency Vehicle Standards: Roads shall be designed so as to provide emergency ingress and egress for residents, occupants, and emergency equipment and conform to the NFPA and state of Nevada fire code standards.

H. Turnarounds: Turnarounds must be provided and paved when adjacent property is undeveloped; construction and maintenance of a turnaround of approximately eighty feet (80') in diameter may be required for temporary use, with plat notation that land outside the normal road right of way shall revert to abutting property owners whenever the road is continued.

I. Rights Of Way:

1. Reduce Dependency: All streets within the PUD will be designed to reduce the dependency on the automobile and reduce the number of daily trips by single occupancy vehicles. All subdivisions shall be designed to provide walkways and paths that connect with destinations such as parks, schools, and shopping areas and other nearby developments.

2. Arterial Streets: Arterial streets will be no less than one hundred feet (100') wide and shall, upon acceptance, be maintained by Lincoln County as public roadways. Arterial streets shall be designed to flow from one development to another with the design intent to make Toquop planning area one community.

3. Collector Streets: Collector streets will be no less than eighty feet (80') wide and shall be maintained, upon acceptance, by Lincoln County as public roadways.

4. Local Streets: Local streets will be no less than sixty feet (60') wide and shall be maintained by the PUD developer as either public or private roadways, unless accepted by the county as public streets. The installation of dead end streets will be allowed only on a case by case study.

5. Internal Private Streets: Internal private streets will be no less than forty feet (40') wide. Exceptions may include the provision of CC&Rs restricting on street parking, where streets may then drop to no less than thirty five feet (35') wide. Internal private streets shall be maintained by the developer, a district or HOAs as applicable as private roadways.

6. Right Of Way Slope: Maximum three feet (3') horizontal for one foot (1') vertical behind the roadway apron and within the right of way.

7. Trails: Trails shall provide a minimum of ten foot (10') rights of way with a six foot (6') paved area.

J. Bus Turnouts: Bus turnouts must be offered at least every one thousand three hundred feet (1,300') along arterial and collector streets and are encouraged every one thousand two hundred feet (1,200') on local streets.

K. Intersection Spacing: No less than two hundred feet (200'), measured centerline to centerline.

L. Landscaping: All street medians shall be landscaped; turf shall be limited to fifteen percent (15%) of total landscaping in median areas. Areas with slopes over ten percent (10%) shall not include turf but rather natural landscaping and Xeriscaping.

M. Curbs And Gutters:

1. Shall follow NDOT standards.

2. Thirty two inch (32") minimum width rolled curbs may be used in low density residential and public facility areas.

3. L-curbs are required in commercial, industrial and medium to high density residential developments.

N. Cul-De-Sacs: Cul-de-sacs shall have a maximum length of six hundred feet (600') measured from the centerline of the connecting street to the face of curb at the turnaround. This length may be extended up to one thousand feet (1,000') with fire department approval.

O. Dead End Streets: Will be reviewed by the county for public safety and allowed by exception only. Streets at the county line may be dead end to allow for future connections.

P. Easements And Infrastructure: Easement corridors and infrastructure (for roads and public utilities) shall be provided by each PUD sufficient in area and size to accommodate maximum build-out for the entire planning area based on the potential of 3.3 units per acre for each parent parcel. Specific easement and infrastructure needs on each parcel will be determined at the development agreement stage and during each tentative PUD review based on regional roadway studies. (Ord. 2007-01, 3-5-2007)
14-5-14: STREETSCAPES: linklink

Streetscapes will conform to a submitted design standards handbook, Lincoln County regional streets commission specifications and will be maintained by homeowners' associations, CAMs or as otherwise designated organizations. (Ord. 2007-01, 3-5-2007)
14-5-15: PARKING: linklink

Parking standards will be set by section 14-6-6, "Appendix F; Parking Standards", of this title and standards below:

A. Dimensions: Each required parking space shall not be less than ten feet (10') wide and eighteen feet (18') long, exclusive of access drives, and in addition there shall be adequate space for ingress and egress. Access drives shall be a minimum of twenty four feet (24') in width.

B. Recreational Vehicle Spaces: Recreational vehicle spaces shall be ten feet (10') wide by forty two feet (42') long.

C. Commercial Vehicle Spaces: Commercial vehicle spaces shall be ten feet (10') wide by twenty five feet (25') long, with a minimum fourteen feet (14') of vertical clearance.

D. Parking Accessory To A Residential Use: Off street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles; no more than one truck not to exceed gross capacity of 1.5 tons; and recreational vehicles and equipment.

E. Parking In Residential Setbacks: A motor home or recreational vehicle may be parked subject to county regulations.

F. Single-Family Dwellings: Except as provided below, the off street parking spaces required for an attached or detached single-family dwelling shall be furnished within an enclosed garage. The garage shall have minimum area of six hundred twenty five (625) square feet with unobstructed space to a height of eight feet (8'), except for two foot (2') protrusions into this space by utility systems and storage units. The garage shall be attached directly to the dwelling unless exempted by a development agreement or approved by the county.

G. Driveway Setbacks: Driveway setbacks shall be considered additional parking space, but may not be calculated to meet off street parking requirements.

H. Landscaping: Where parking areas are larger than fifty (50) spaces, landscaping shall be incorporated into design to break large expanses of pavement and provide visual relief as well as relief of the effects of heat and glare. Any planting strip used must be a minimum of eight feet (8') in width. Landscaping will be subject to the "Shades Of Green: BMP" guide.

I. Parallel Parking Spaces: Parallel parking spaces shall be a minimum of twenty four feet (24') in length.

J. Surfacing: All areas intended to be utilized for parking space and driveways shall be surfaced with pavers, concrete or asphalt concrete to control dust and drainage. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved in accordance with provision of the drainage control uniform regulations.

K. Striping: Except for single-family dwellings, all parking stalls shall be marked with painted lines not less than four inches (4") wide.

L. Protruding Vehicles: All on site parking stalls, which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines.

M. Handicapped Parking: Handicapped parking spaces shall be provided subject to federal Americans with disabilities act standards and Nevada Revised Statutes 484.408.

N. Shared Use Of Parking Facilities: Up to eighty percent (80%) of the parking facilities required for a church or for an auditorium incidental to a public or parochial school may be supplied by the off street parking facilities by other uses; provided a shared use calculation is completed ensuring maximum parking shall not be exceeded during any given period. A shared use must be by signed recorded agreement between all affected property owners.

O. Requirements Per Shared Use Calculations: Example: A church that only meets as a congregation on Sunday but houses a day school throughout the remainder of the week and not at the same time will only be required to meet the higher parking requirements of the two (2) uses and not both requirements.

P. Number Of Spaces Required: The minimum number of off street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses in accordance with the requirements listed in section 14-6-6, "Appendix F; Parking Standards", of this title or Lincoln County RTC parking standards.

Q. Vehicles For Sale: It is unlawful for any person to display for the purpose of sales or lease any vehicle upon any vacant lot or unimproved portion of public right of way.

R. Emergency Parking Areas: All buildings within the PUD are required to have emergency parking areas in compliance with NFPA and state of Nevada fire codes.

S. Bicycle Parking: All public or commercial buildings will be equipped with bicycle parking and storage facilities meeting the NDOT statewide bicycle plan standards. (Ord. 2007-01, 3-5-2007)
14-5-16: LIGHTING: linklink

Street lighting, signals, and other such street furniture shall conform to the regional transportation commission (RTC) uniform standard drawings and specifications manual for spacing, setbacks, wiring, and construction. However, privately maintained creative "character areas" with unique streetlight and signal designs are encouraged. Character area designs may be approved by the county during the tentative plan approval process. All lighting must conform to lighting standards in section 14-6-3, "Appendix C; Outdoor Lighting Code", of this title. (Ord. 2007-01, 3-5-2007)
14-5-17: SIGNS: linklink

A. Prohibited: Signs prohibited in the Toquop planning area are:

1. Imitations or simulations of any directional, working, danger and/or informational sign.

2. Illumination of such brilliance and/or position as to blind or dazzle the vision of travelers.

3. Signs, advertising displays, and structures containing statements, words or suggestions or pictures of an obscene, indecent or immoral character.

4. Off site signage for commercial uses.

5. Misleading, erroneous or false information and/or advertising.

6. Signs, advertising displays, and/or structures that emit any sound, portable or mobile signs, unless permitted as a temporary sign or for public safety.

7. Signs placed on parked vehicles or trailers, or parked commercial vehicles where the apparent purpose is to advertise a product or to direct people to a business or activity located on the same or nearby property.

8. Roof signs.

9. Banners, pennants, festoons, searchlights (special use permit).

10. Signs imitating or resembling official traffic or government signs or signals.

11. Snipe signs or signs attached to trees, utility poles, public benches, streetlights, or placed on any public property or public right of way.

B. Canopies And Awnings: Signs are permitted on architectural building features such as canopies and awnings, with all regulations applying to text and logos only.

C. Freestanding Signs: Freestanding monument, entry/exit, construction, ladder, and for sale signs are allowed and shall be considered to face the street to which they are most nearly perpendicular. All other types of freestanding signs will not be allowed in any district.

1. Height: Ladder signs shall not be more than sixteen feet (16') tall, measured from the high point on the sign to ground level. Monument signs shall not be taller than seventy two inches (72") in height. Signs in residential areas (for churches and other uses applicable in these areas) may be no more than four feet (4') in height.

2. Display: Front entrance signs shall display the development name, subdivision name, and directions to the subdivision only. Off premises directional signs shall display the subdivision name and a directional arrow only. Off premises directional signs shall only display a maximum of seven (7) subdivision location signs.

3. Materials: Ladder signs shall be constructed of a metal material. Monument signs shall be constructed of either cement products, or of rock, marble or metal material.

4. Distance: Entrance signs shall be constructed at the main entrance of the planned unit development or subdivision. Off premises directional signs are allowed a minimum of one-fourth (1/4) mile apart and at major intersections only. No one subdivision can have more than two (2) off premises directional signs unless the subdivision measures more than one mile in length. This would be measured along the street from the main entrance sign. If the subdivision is more than one mile in length the subdivision is allowed two (2) signs for every measured mile. All signs shall adhere to the community theme selected for the neighborhood.

5. Illumination: No backlit signs will be allowed. No internal lighting may be used for signs in this section. Signs may be externally lit with concealed lighting only. Exposed bulbs or neon tubes are not allowed in or adjacent to planned unit developments.

D. For Sale Signs: For sale signs must be no larger than three feet by three feet (3' x 3') in residential areas and are only allowed posted on local streets from Friday at five o'clock (5:00) P.M. to Sunday at twelve o'clock (12:00) midnight. Individual sale signs for homes may be posted continuously.

E. Election Signs: Temporary election signs must be removed within five (5) working days of an election date and are subject to commission approval of size and height if proposed larger than three feet by three feet (3' x 3') for road signs and four feet by eight feet (4' x 8') for temporary ground billboards. (Candidates winning primary elections may leave signs in place until after general election.)

F. Safety Signs: School signs, block number signs, and other safety signs must conform to RTC uniform standards and specifications.

G. Street Name Signs: Street names signs shall be in accordance with the NDOT standard drawings and specifications manual, however, creative character areas with unique street sign designs are encouraged. Character area designs may be approved during the tentative plan approval process.

H. Billboards: Billboards of any kind (except temporary ground A-frames) are not allowed in the PUD communities and will be reviewed for use only along arterials by special use permit. (Ord. 2007-01, 3-5-2007)

A. Refuse Container Enclosures: All development, except for single-family residential development, shall provide interior or exterior enclosures for all refuse containers, including recyclable containers if provided, compactors, and areas per the standard of the local trash service provider.

1. Trash enclosure walls shall be five feet four inches (5'4") high, constructed of masonry, concrete block or wood and shall have solid/screened gates. The height may be waived with the approval of the county if the owner demonstrates that the height of the trash enclosure will completely screen the trash receptacles.

2. The enclosure shall be set back at least fifty feet (50') from any residential development on an adjacent parcel and exact locations shall be provided to the county for approval with the PUD.

3. An enclosure shall be located within two hundred feet (200') of each multi-family residential or commercial building within a development.

4. Doors shall not open into the right of way, or be located within any required yard.

5. Colors and materials for refuse facilities should blend with and be carefully placed to minimize impacts on structures in the area.

6. Refuse container sites and access should be designed as to minimize traffic impairment.

B. Storage Enclosures: Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick up, may be permitted subject to special use permit in the commercial and industrial zones with approved visual screening requirements and other conditions if deemed necessary to prevent such adverse impacts. (Ord. 2007-01, 3-5-2007)

A. Automatic fire sprinkler systems, meeting the specifications of the fire district, shall be required in all structures, including residential and multi-family.

B. Emergency medical services will be provided by the emergency medical services district having jurisdiction. Law enforcement services will be provided by the Lincoln County sheriff according to development agreements provisions.

C. A 911 system must be available to all residents and visitors in Toquop. This system may be maintained in the Toquop community or outside Toquop with direct dispatch capabilities to Lincoln County emergency management personnel. Developers shall provide cash contributions for the establishment of such a system on a prorated system based on gross acreage owned.

D. Fire prevention and suppression services will be provided by the fire district having jurisdiction.

E. Developers, at their sole expense, shall provide cash contributions or construction of county fire stations, dedication of sites and associated equipment and police substations, to be credited toward overall contribution by all parcel owners in the Toquop planning area. Contributions of sites, equipment and facilities will be credited or prorated toward overall public safety needs in a proportional manner by all parcel owners in the Toquop planning area.

F. The Toquop planning area fire stations shall be located within a five (5) mile road distance radius of all developed properties and maintain at least one primary police station. Site dedications by developers will be based upon locational needs and requirements of this title.

G. Substations will be required based on travel distance, density and the type of proposed development and determined by Lincoln County at the time of the development agreement. Substations will require at least one fire engine, one quick response vehicle and one EMT/rescue vehicle.

H. The primary fire station shall be equipped and provided by developers with at least two (2) pumper trucks, one tanker truck, and ladder truck capable up to thirty five feet (35') in height (standard building height for Toquop), one EMT/rescue vehicle. If building height waivers are requested above thirty five feet (35') developers will be required to provide a ladder truck near the site and associated storage facilities for such vehicles.

I. Public clinic locations shall be available to residents in Toquop, either by interlocal agreement, development agreements or other means.

J. All buildings must follow the adopted codes of Lincoln County (IBC) in order to meet public safety requirements.

K. The fire safety rating system will be the highest rating attainable with all buildings required to be fire sprinklered. (Ord. 2007-01, 3-5-2007)

A. Sizing: The water distribution system internal to the development shall be sized to meet both the initial and future culinary and fire safety demands of the proposed development. Oversizing for likely extensions for future phases is also required at the time of installation. Any oversizing costs shall be shared proportionally based on overall development areas and proposed densities by the affected developers.

B. Design Standards: Except as noted, all water systems shall be designed in accordance with the uniform design and construction standards for water distribution systems, the uniform standard specifications for public works construction, and the NFPA code.

C. Building Fire Sprinkler Systems: All buildings shall be provided with an approved automatic fire sprinkler system in accordance with the fire code. The water system design shall accommodate the requirements for building fire sprinkler systems in accordance with NFPA 13, 13R, and 13D. The building fire sprinkler system shall meet fire code requirements.

D. Fire Hydrants: In all residential areas, fire hydrants shall not be spaced greater than five hundred feet (500') apart.

E. Future Connections: If future connection to a different supply system is anticipated, critical pressure in that system may be used as the starting design pressure.

F. Service Life: The system is to be designed for a minimum service life of fifty (50) years.

G. Freeze Prevention: System must provide sufficient cover to prevent freezing.

H. Dead End Mains: Dead end mains are to be provided with a suitable means for flushing.

I. Fire Flow Standards: Standards for fire flows as required by international fire code and NFPA. (Ord. 2007-01, 3-5-2007)

A. The average daily demand of the entire service area and the proposed development will be based on a maximum of one-half (1/2) acre-foot per home per year with water conservation measures at the national average or future requirements set forth by the county water district.

B. The average daily demand and fire flow for commercial and industrial uses will be reviewed based on the anticipated demand of the proposed development. Appropriate multipliers may be utilized in calculating this amount.

C. Each residential lot shall have adequate water to meet required landscaping areas and types as specified in this title.

D. In addition to the fifteen percent (15%) turf limitation, watering will not be permitted between the hours of nine o'clock (9:00) A.M. and seven o'clock (7:00) P.M. between April 1 and October 1 of each year.

E. The development agreement shall include any requirements for water under section 14-4-2 of this title.

F. Individual on site wells will not be permitted in the Toquop township.

G. All water facilities (tanks and accessory buildings) colors and design shall blend with the surrounding environment. (Ord. 2007-01, 3-5-2007)

A. Wastewater collection systems shall be designed in accordance with uniform plumbing codes.

B. Septic systems shall not be permitted except in the R-E district for residential use. (Ord. 2007-01, 3-5-2007)
14-5-23: WATER CONSERVATION: linklink

A. Standards: Standards for water closets, urinals, and flow rates used in the Toquop area shall conform to the most recent international plumbing code.

B. Reuse Water (Secondary System): A secondary (or dual) water system shall be utilized throughout all zones in the PUD. Rights of way shall be designed to accommodate the use of dedicated irrigation lines in addition to other required systems.

C. Gray Water Systems: Use of gray water systems are encouraged in master planned communities, particularly in large projects (such as hotels) as the water supply for flushing toilets.

D. Landscape Watering: Reuse and gray water systems for watering golf courses (fairways and greens), fountains, landscaping strips in ROWs, common open space, and ponds are required. (Ord. 2007-01, 3-5-2007)
14-5-24: UTILITIES: linklink

A. Underground Installation: All utilities, including electricity and telephone, television and traffic signal service lines shall be installed underground, with the exception of high voltage transmission lines above one hundred thirty eight (138) kilovolts (all distribution voltage must be buried), transformer and switch boxes, and vaults.

B. Electric Utilities: Electric utilities will meet national electrical safety code standards.

C. Underground Location: Typical underground utility and pipe locations in streets shall follow RTC uniform standards and specifications.

D. Installment Methods: Trenching, anchoring, installation, and chlorination methods shall follow RTC uniform standards and specifications.

E. Utility Fixtures: Utility fixtures, such as transformers, junction vaults, and traffic control pedestals, irrigation controls, and fire protection equipment (except hydrants) shall be set back from public rights of way and screened from view.

F. Location Of Utility Poles And Cabinets: Utility poles or cabinets must be located away from sidewalks.

G. Telecommunications Facilities: All telecommunications facilities and accessory structures will be sited to minimize their view or be collocated with other facilities. Facility design, exterior colors and materials will be required for the facility to blend with the surrounding landscape. (Ord. 2007-01, 3-5-2007)

A. Homeowners' Associations:

1. Much of the Toquop area roads and landscape will eventually be owned and maintained by private homeowners, requiring an ongoing homeowners' association to be established. Therefore, HOAs must be established prior to the first parcel being sold within all residential developments.

2. Membership and dues to the homeowners' association shall be mandatory for each owner and successive buyer.

3. Maintenance of the perimeter landscaping shall be the responsibility of the property owner, developer, or homeowners' association and described as such in proposed CC&Rs for each PUD.

4. The management and maintenance agreement for common open space and recreational facilities shall be permanent or in conjunction with a long term agreement (e.g., 99 years).

5. The homeowners' association shall be responsible for liability insurance and the maintenance of recreational service and other facilities as deemed necessary by the county.

6. CC&Rs for each individual development/subdivision shall be initially created by the developer and subsequently maintained and enforced by the established HOA in perpetuity. Any CC&Rs must meet minimum standards of this title.

7. CC&Rs shall address parking limitations, landscaping and architectural limitations, common area maintenance and other issues deemed appropriate by each HOA if not outlined in this title. Any additional requirements may not be less restrictive than those listed herein. The HOA must also address the limitation to potential impacts to the Virgin River Basin through involvement in the Virgin River watershed group or through the establishment of a best management practices committee.

8. Homeowners shall pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Nevada Revised Statutes 278.

9. The association shall be required to adjust its assessment to meet changing needs with a majority of total votes received.

B. CAMs:

1. Office, commercial and industrial developments shall establish a mechanism to manage and maintain common areas to the development.

2. Each building and/or property owner in the development shall be a member of this management mechanism.

3. The management and maintenance agreement for common open space and recreational facilities shall be permanent or in conjunction with a long term agreement (e.g., 99 years).

C. Maintenance Districts: Maintenance districts may be created by the county to address any maintenance or service related issues not addressed adequately by the homeowners' association. Any associated cost will be imposed as a fee to be paid by the property owner and if unpaid will become a lien upon the property. (Ord. 2007-01, 3-5-2007)
14-5-26: MANUFACTURED HOUSING: linklink

A. Manufactured housing standards must conform to Nevada Revised Statutes 278.

B. Manufactured homes in the Toquop area shall contain a minimum of one thousand two hundred (1,200) square feet of living area, equal to that of the smallest single-family home. In addition, all manufactured homes will be required to have the first floor level near adjacent finish grade level. The intent is to maintain the appearance of a standard stick built home. (Ord. 2007-01, 3-5-2007)
14-5-27: HOME OCCUPATIONS: linklink

A. Purpose: Home occupations although more of a "use" than a standard, are addressed in this title because the community is expected to model a quiet bedroom type community with higher percentages of persons working at home than the national norm. For this reason, the following standards must be met:

B. Permitted Home Occupations: Permitted home occupations are subject to the following standards:

800 numbers and 900 numbers.


Bookkeeping, accounting services.

Ceramics, kiln with a one hundred twenty (120) volt service only.

Computer based businesses.

Computer graphics services.

Consulting services.

Court reporting.

Errand services.

Family home (baby sitting).

Flower arrangement, excluding fresh flowers.

Handicraft, including gift basket assembly (no alcoholic beverages nor food products produced at the home).

Health fitness training services.

Information services.

Insurance adjustment services.

Interior design services.

Internet design and management.

Janitorial services.

Jewelry making, excluding the smelting of metal.

Maintenance businesses, except licensed contractors.

Massage therapist - outcall only.

Newspaper delivery service.

Party planning services.

Photography and related services, excluding the processing of film.

Professional services (such as architects and similar professions).

School - individual instruction.

Secretarial services.

Tailoring, sewing services.

Tax preparation services.

Telephone services, does not include escort services nor telemarketing services.

Travel agent.


C. Services: Services must be business outcall only with no walk-in traffic.

D. No Disturbance: There shall be no disturbance such as noise, vibration, electrical interference, smoke, dust, odor, lighting, heat or glare beyond the lot lines or beyond the confines of the dwelling unit.

E. No On Site Sales: There shall be no direct selling, leasing or delivery of stocks of merchandise, supplies or products on, to or from the premises.

F. Exterior Alterations: There shall be no external alteration of the residential appearance of a dwelling unit. At or in front of the dwelling unit of the home occupation, there shall be no exterior display; no exterior storage of merchandise, inventory, equipment or materials; no exterior deposition of waste materials, except that which is placed at the curb the day of garbage pick up; window display, including a sign visible from outside the dwelling unit; no house calls; nor other indication from the exterior that a dwelling unit or accessory building is being used in part for any use other than that of a dwelling unit or accessory building for purely residential purposes.

G. Harmful Materials: There shall be no toxic, explosive, flammable, combustible, corrosive, etiologic, or radioactive materials, used or stored on the premises, except that which is generally used for residential purposes.

H. Parking: At or in front of the dwelling unit of the home occupation, the use; parking or storage of such equipment and vehicles as tractors, semitruck tractors or trailers; heavy equipment such as construction equipment; vehicles over 1.5 tons; and commercially licensed vehicles with six (6) wheels or more shall be prohibited.

I. Space: Occupation must occupy no greater than fifteen percent (15%) of space in home (excluding garage).

J. Employees: No more than one on site employee (in addition to homeowner) is permitted to work on premises.

K. Other Uses: Any uses not listed for home occupations (or prohibited) may be considered by the planning director through a similar use determination application process. (Ord. 2007-01, 3-5-2007)