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#1 Clark County Title 30 Unified Development Code and Zoning Page 335

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Chapter 30.07 Rules of Construction & Definitions 30.07.02 Defined Terms J Designees Title 30: Unified Development Code 325 August 2023 buying, selling, or dealing in dismantled…

Clark County Title 30 Unified Development Code and Zoning · OFFTitle30.EFF.03.05.26.pdf · Page 335

Chapter 30.07 Rules of Construction & Definitions 30.07.02 Defined Terms J Designees Title 30: Unified Development Code 325 August 2023 buying, selling, or dealing in dismantled wrecked, inoperative or disabled vehicles or integral parts or components, and the storage, sale or dumping of inoperative vehicles and trailers, or parts thereof. Sanitary Landfill A permanent site disposing of refuse to minimize environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste. A landfill may operate a salvage yard or a food scrap management program to reduce the volume of waste. School An academic institution offering instruction in several branches of learning, either as a public or private entity for pre-school through grade 12, or post-secondary academic institutions that grants degrees beyond grade 12. This use does not include other Educational Facility uses. Screen Fence See “Fence.” Seasonal Sales The temporary outdoor sale and display of holiday goods during the following nationally recognized holidays: Christmas, Halloween, Independence Day, Valentine’s Day, and Mother's Day. Security Fence See “Fence.” Senior Housing Housing with all units intended for, and occupied by, at least 1 person 55 years of age or older. Senior housing includes facilities and services specifically designed to meet the physical or social needs of persons 55 years of age or older. Separation A separation required between uses, unless otherwise specified, is the distance from the space occupied by a particular use to the property line of another use. Setback The distance between a structure and the property lines of the lot, parcel, or tract on which it is located. Front Setback The setback applies to the full frontal width of a lot or site, measuring from the future right-of-way, street, or property line, and extending onto the lot for the minimum depth in feet as specified in the applicable zoning district, excluding allowable projections set forth in this Title. Rear Setback The setback applies to the full rear width of a lot or site, measuring from the rear lot line and extending onto the lot for the minimum depth in feet as specified in the applicable zoning district, excluding allowable projections set forth in this Title. Side Interior Setback The setback on the side portion of a lot not adjacent to a private or public street. The length is measured from the rear line of the required front setback, or the front property line if

#2 Clark County Title 30 Unified Development Code and Zoning Page 47

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Chapter 30.02 Zoning Districts 30.02.25 Measurement and Exceptions D Setbacks Title 30: Unified Development Code 37 August 2023 D. Setbacks 1. Measurement i. Setbacks are measured…

Clark County Title 30 Unified Development Code and Zoning · OFFTitle30.EFF.03.05.26.pdf · Page 47

Chapter 30.02 Zoning Districts 30.02.25 Measurement and Exceptions D Setbacks Title 30: Unified Development Code 37 August 2023 D. Setbacks 1. Measurement i. Setbacks are measured from the front, rear, or side property line, extending inward onto the lot for the minimum depth in feet as specified in the applicable zoning district, unless otherwise specified in this section, and allowing for intrusions as described in Table 30.02-4: Authorized Intrusions into Required Setbacks. ii. Setbacks shall be measured as follows: (a) From the future right-of-way, the edge of any right-of-way or the lot line, whichever is closest to the interior of the lot. (b) When adjacent to detached sidewalks, from a line 5 feet behind the curb. iii. For corner/irregular shaped lots, the front lot line shall be along the street frontage used for addressing. If an address has not been assigned, the front lot line shall be the same street frontage as the identifiable entrance to the building. 2. Standards i. Residential Buildings Along Railroad Lines, Freeways or Drainage Channels A residential building shall not be erected within 50 feet of the right-of-way of any railroad line, nondepressed freeway, or drainage channel. The setback may be reduced to the zoning district standard only when: (a) Adjacent to railroads and freeways, a landscape buffer with a noise attenuated wall is constructed per §30.04.02, Buffering and Screening, or a 25-decibel noise level reduction is incorporated in the construction of the dwelling. (b) Adjacent to a drainage channel, the channel is improved and/or a protective wall is constructed per the requirements of Public Works. 3. Exceptions Every part of a required setback shall be unobstructed from ground level to the sky, except as follows: i. Parking in Setbacks Parking is allowed in required setbacks. ii. RS20 and RS10 Districts (a) Arterial/Collector Access Primary structures with sole arterial or collector access may reduce the minimum rear setback by 10 feet. (b) Front Setback The front setback for 50% of the primary structure width may be reduced by 12 feet if enhanced decorative features are provided, such as bay windows or stucco pop-outs. iii. Single-Family Attached Dwelling The side or rear setbacks may be eliminated to accommodate attached single-family dwelling development. iv. Front Setback Alternatives Alternative front setbacks are allowed if enhanced decorative features are provided along the affected street such as bay windows, window overhangs, stone or brick façades, and other unique architectural features

#3 Fannie Mae Selling Guide Page 578

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The appraisal must include the actual size of the site and not a hypothetical portion of the site for the subject property. For example, the appraiser may not appraise only 5…

Fannie Mae Selling Guide · Selling Guide - 06-03-2026.pdf · Page 578 · View at official source (selling-guide.fanniemae.com) →

The appraisal must include the actual size of the site and not a hypothetical portion of the site for the subject property. For example, the appraiser may not appraise only 5 acres of an unsubdivided 40–acre parcel. The appraised value must reflect the entire 40–acre parcel. Subject Property Zoning The appraiser must report the specific zoning class in the appraisal, along with a general statement as to what the zoning permits, such as one- or two-unit, when they indicate a specific zoning such as R-1 or R-2. The appraisal must indicate whether the subject property presents a legal conforming use, a legal non-conforming (grandfathered) use, an illegal use under the zoning regulations, or no local zoning. Fannie Mae only purchases or securitizes loans on properties if the improvements constitute a legal conforming use of the land. However, Fannie Mae will purchase or securitize a loan for a property that constitutes a legal, nonconforming use of the land provided that the appraisal analysis reflects any adverse effect that the nonconforming use has on the value and the marketability of the property. This requirement applies to all property types. Fannie Mae will not purchase or securitize a loan secured by a property that is subject to certain land-use regulations, such as coastal tideland or wetland laws, that create setback lines or other provisions that prevent the reconstruction or maintenance of the property improvements if they are damaged or destroyed. The intent of these types of land-use regulations is to remove existing land uses and to stop land development, including the maintenance or construction of seawalls, within specific setback lines. For information regarding accessory dwelling units that comply or do not comply with zoning, see B4-1.3-05, Improvements Section of the Appraisal Report. Highest and Best Use Fannie Mae will only purchase or securitize a loan that represents the highest and best use of the site as improved. If the current improvements clearly do not represent the highest and best use of the site as an improved site, it must be indicated on the appraisal report. The appraiser determines highest and best use of a site as the reasonable and probable use that supports the highest present value on the effective date of the appraisal. For improvements to represent the highest and best use of a site, they must be legally permitted, financially feasible, and physically possible, and must provide more profit than any

#4 UAD 3.6 / URAR (FNMA) Page 57

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Site Appendix F-1: URAR Reference Guide Page 57 of 375 Version 1.3 Zoning Site: Zoning Report Field ID Report Label When to Include Allowable Answers / Format Definition /…

UAD 3.6 / URAR (FNMA) · Appendix F-1 URAR Reference Guide v1.3.pdf · Page 57 · View at official source (fanniemae.com/uad) →

Site Appendix F-1: URAR Reference Guide Page 57 of 375 Version 1.3 Zoning Site: Zoning Report Field ID Report Label When to Include Allowable Answers / Format Definition / Additional Guidance 4.008 Compliance Always required Choose an allowable answer from Definition / Additional Guidance column Zoning Compliance: The level of compliance of the site or improvements with zoning regulations. • Illegal • Legal • Legal Nonconforming (A permissible exception to current zoning ordinances where the property was legally conforming when established but no longer conforms with current zoning) • No Zoning (see also Property Restrictions (4.050-4.053), if applicable) 4.009 Classification Code Required for all Zoning Compliance responses except No Zoning Free-form Zoning Classification Code as defined by the local governing authority (e.g., R1). 4.010 Classification Code Description Required for all Zoning Compliance responses except No Zoning Free-form Descriptive text that explains the details of the Classification Code as used and defined by the local governing authority. Examples: • Residential single-family dwellings on 1 acre lots • Mixed use structures and low-rise multifamily units in the defined Central Business District (CBD) 4.011 Reasons Illegal Required if Zoning Compliance is Illegal Choose one or more allowable answers from table (Reasons Illegal) The reason(s) the site does not comply with zoning regulations. • Accessory Dwelling Unit • Development Standards • Excessive Units • Lot Size • Manufactured Home • Other (Describe) 4.012 Impact Required if Zoning Compliance is not Legal Adverse, Beneficial, or Neutral 4.013 Rebuildable to Current Density / Use Required for FHA, USDA, and VA appraisals when Zoning Compliance is Legal Nonconforming Yes | No Indicates whether the building code or zoning regulations allow the property to be rebuilt to the current density and use if current improvements are destroyed. 4.014 Description of Zoning Compliance Required if Zoning Compliance is not Legal, or if relevant Free-form Description could include information pertinent to zoning compliance that is not captured in the discrete data, or additional details to support the discrete data that is provided. Site: Zoning - Reasons Illegal (Choose all that apply) Allowable Answer Definition / Additional Guidance Accessory Dwelling Unit Accessory dwelling units are not allowed on the site. Development Standards Site is not compliant with development regulations (e.g., a dwelling with a building footprint that exceeds the allowable setback lines or size restrictions).

#5 VA Lenders Handbook (Pamphlet 26-7) Page 542

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16-B-10 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion 16-B.04 Qualifications or Limitations that Opinion May Include Subjective Factual Standards…

VA Lenders Handbook (Pamphlet 26-7) · VA-Lender-Handbook.pdf · Page 542 · View at official source (VA.gov — Appraisers/Staff Appraisal Reviewer) →

16-B-10 January 1, 2001 VA Pamphlet 26-7, Revised Section B: Use of Attorney’s Opinion 16-B.04 Qualifications or Limitations that Opinion May Include Subjective Factual Standards No opinion is given regarding compliance with any subjective factual standards contained in these requirements. Example: The attorney is not required to judge whether specific document provisions are “reasonable” or “equitable”. Zoning Requirements No opinion is given as to whether the project complies with zoning laws and ordinances, height restrictions, setback requirements, environmental requirements, or other similar requirements applicable to the project, or as to the effect of any such requirement on the operation of the project. Subdivision Requirements No opinion is given as to whether the project complies with the applicable subdivision laws or requirements. Building Requirements No opinion is given as to whether the project complies with • applicable building code • other similar building laws or requirements • applicable health, or • safety laws or requirements. No opinion is given as to whether the declarant obtained any building permits, or approvals or occupancy certificates, approvals, licenses or permits with respect to all or any portion the project, or any expansion or the development thereof, necessary or required as of the date of creation of the project. Operation No opinion is given as to whether the project is being operated or administered in accordance with the provisions of the governing documents and/or applicable law. Continued on next page January 1, 2001 16-B-10

#6 VA Lenders Handbook (Pamphlet 26-7) Page 428

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Minimum Property Requirements 12-17 12. Zoning Change Date March 28, 2019 • This chapter has been revised in its entirety. a. Zoning Compliance The property must comply with all…

VA Lenders Handbook (Pamphlet 26-7) · VA-Lender-Handbook.pdf · Page 428 · View at official source (VA.gov — Appraisers/Staff Appraisal Reviewer) →

Minimum Property Requirements 12-17 12. Zoning Change Date March 28, 2019 • This chapter has been revised in its entirety. a. Zoning Compliance The property must comply with all applicable zoning ordinances. b. Legal, Non- Conforming Use If the property does not comply with current zoning ordinances, but is accepted by the local authority, the appraiser must describe the property as “Legal Non-Conforming” and comment on the property’s marketability and any adverse effect this classification may have on value. The appraiser must state whether or not the dwelling may be legally rebuilt if destroyed.

#7 VA Minimum Property Requirements (Ch. 12) Page 17

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Requirements 12-17 12. Zoning Change Date March 28, 2019 • This chapter has been revised in its entirety. a. Zoning Compliance The property must comply with all applicable zoning…

VA Minimum Property Requirements (Ch. 12) · Ch12_Minimum_Property_Requirement_NEW 2022 02 17.pdf · Page 17 · View at official source (VA.gov — Construction and Valuation) →

Requirements 12-17 12. Zoning Change Date March 28, 2019 • This chapter has been revised in its entirety. a. Zoning Compliance The property must comply with all applicable zoning ordinances. b. Legal, Non- Conforming Use If the property does not comply with current zoning ordinances, but is accepted by the local authority, the appraiser must describe the property as “Legal Non-Conforming” and comment on the property’s marketability and any adverse effect this classification may have on value. The appraiser must state whether or not the dwelling may be legally rebuilt if destroyed.

#8 2024 USPAP Page 263

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the by the appraiser, state that opinion; support and rationale for that opinion: (il) clearly and conspicuously: (ov) clearly and conspicuously: + state all extraordinary…

2024 USPAP · 2024_USPAP_text.txt · Page 263 · View at official source (The Appraisal Foundation — USPAP) →

the by the appraiser, state that opinion; support and rationale for that opinion: (il) clearly and conspicuously: (ov) clearly and conspicuously: + state all extraordinary assumptions and hypothetical | + state all extraordinary assumptions and hypothetical conditions; and conditions; and + state that their use might have affected the + state that their use might have affected the assignment results; assignment results; (xiv) include a signed certification in accordance with (wv) include a signed certification in accordance with Standards Rule 2-3 Standards Rule 2-3. oe Example of “summarize"—zoning °9 The General Business B-4 zoning classification applies. Its purpose Is to encourage local commercial 100 development of banking facillties, retail stores, and service establishments along arterial streets on minimum 01 lots of 10,000 sq. ft with a width of 100 feet. Building coverage is limited to 50% of the lot, and building height 102 IS limited to two stories or 20 feet. John N. Forcer of the Anytown planning and zoning office indicates that the 03 existing use and subject improvements conform. 0% Example of *state*—zoning 108 General Business, B-4; existing use and subject improvements conform. 106 The purpose of the above examples is to show one view of the differences between the application of the terms 107 “summarize” and “state” The examples should not be extended beyond this Advisory Opinion to every section of 108 an appraisal report. 16 c= USPAP Guidance: Advisory Opinions oS © The Appraisal Foundation --- Page 205 --- Ens. ‘ADVISORY OPINION 38 How must the appraiser disclose restrictions on the use of a Restricted Appraisal Report? 109 Standards Rules 2-2(b), 8-2(b) and 10-2(b) state that restrictions on the use of a Restricted Appraisal Report must be 110 disclosed clearly and conspicuously: m .. €learly and conspicuously state restriction that limits use of the report to the client and the named 12 intended user(s): 13 .. €learly and conspicuously warn that the report may not contain supporting rationale for all of the opinions 1 ‘and conclusions set forth in the report. 15 When might an appraiser need to exceed the minimum requirements for an Appralsal Report or Restricted 16 Appraisal Report? 17 USPAP does not prescribe a one-size-fits-all level of information regardless of the required minimum contents ofa 118 report. An appraiser will need to exercise judgment and may need to exceed the minimum requirements to ensure 119 that a report is meaningful and not misleading

Chief Appraiser Says Reading the actual guideline text below — never a general AI guess

Here's what "setback" means: it's the minimum distance that a building must be set back from the property lines of the lot it sits on. Clark County defines three types—front setback (measured from the street or right-of-way), rear setback (measured from the back property line), and side interior setback (measured from the side property line). When we're appraising, we need to check whether the improvements comply with these setback requirements, because if they don't, the property may be considered illegally non-conforming or not meeting current zoning standards. VA also mentions that lenders care about setback requirements as part of zoning compliance, and Fannie Mae won't lend on properties in areas where setback lines would prevent rebuilding if the structure were damaged or destroyed. Straight from Clark County Title 30 Unified Development Code, VA Lenders Handbook, and Fannie Mae Selling Guide — nothing added.

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