Henderson City Zoning Code

This Title shall be known and officially cited as the “Development Code of the City of Henderson, Nevada.” It is referred to in this Title as the “Development Code” or “Code.”

Effective on: 1/1/1901

This Code shall take effect and be in force from and after the date of adoption.

Effective on: 1/1/1901

This Code is enacted pursuant to the powers granted and limitations imposed by laws of the State of Nevada, including the statutory authority granted in Nevada Revised Statutes (NRS) Chapter 278, and all other relevant laws of the State of Nevada. Whenever any provision of this Code refers to or cites a section of the NRS and that section is later amended or superseded, this Code shall be deemed amended to refer to the amended section or the section that most closely corresponds to the superseded section.

Effective on: 1/1/1901

The general purposes of this Code are to protect the public health, safety, and welfare, and to implement the policies and objectives in the Henderson Strong Comprehensive Plan and the City of Henderson’s (City) other adopted plans. More specifically, the regulations of this Code are intended to:

1. A.
   Regulate and control the division of land to encourage convenient, compatible, and efficient relationships among land uses;
2. B.
   Prescribe effective and appropriate housing densities and limit overcrowding of land or buildings;
3. C.
   Protect life and property in areas subject to floods, landslides, and other natural disasters;
4. D.
   Preserve the sense of community in residential neighborhoods, including rural neighborhoods;
5. E.
   Implement and ensure consistency with the City of Henderson Housing and Community Development Strategy;
6. F.
   Encourage innovation in residential development and redevelopment with a greater variety of housing products and unit designs that meet the needs of a range of income levels and ages;
7. G.
   Preserve and protect uses of land that provide employment opportunities to City residents;
8. H.
   Support economic development efforts that seek to make capital investments, increase the City’s tax base, or provide access to quality job opportunities;
9. I.
   Encourage timely, orderly, and efficient arrangement of public facilities and services;
10. J.
    Ensure that service demands of new development will not exceed the capacities of existing streets, utilities, or other public facilities and services;
11. K.
    Promote the economic stability of existing land uses that are consistent with the Henderson Strong Comprehensive Plan;
12. L.
    Consider the immediate and long-range financial impact of the application of particular kinds of development to particular land, and the relative suitability of the land for development;
13. M.
    Enhance the quality of development through superior building and site design;
14. N.
    Promote water conservation that is consistent with the Southern Nevada Water Authority’s water resource planning efforts;
15. O.
    Ensure the provision of adequate open space for light, air, and fire safety; thoughtfully integrate development and redevelopment with the desert environment to conserve open space and protect natural and scenic resources;
16. P.
    Encourage development of a sustainable and accessible system of recreational facilities, parks, trails, and open space that meets year-round neighborhood and community-wide recreational needs;
17. Q.
    Consider access to solar resources by ensuring the height of new buildings is compatible and appropriate considering the solar pattern on surrounding developments;
18. R.
    Reduce the consumption of energy by encouraging the use of products and materials that maximize energy efficiency;
19. S.
    Encourage the improved design and effective use of the built environment through the use of CPTED (Crime Prevention through Environmental Design) principles for the purpose of reducing the fear and incidence of crime, and to improve quality of life;
20. T.
    Require the provision of adequate off-street parking and loading facilities with opportunities for shared and reduced parking, and promote a safe and effective multi-modal transportation system;
21. U.
    Develop a timely, orderly, accessible, and efficient arrangement of transportation and public facilities and services, including public access and sidewalks for pedestrians, and facilities and services for bicycles; and
22. V.
    Regulate and control the type, placement, and physical dimensions of signs, and encourage innovative sign design; and
23. W.
    Enforce this Code as necessary to preserve and protect the purpose and intent of this Code.

Effective on: 1/1/1901

1. A.
   Applied to All Lands.

   1. 1.
      This Code applies to all land, buildings, structures, and uses thereof located within the City.
   2. 2.
      To the extent allowed by law, the provisions of this Code shall apply to all land, buildings, structures, and uses owned, leased, or otherwise controlled by any district, county, state, or federal government agency in the City. Where the provisions of this Code do not legally apply to such land, buildings, structures, and uses, such agencies are encouraged to meet the provisions of this Code.
2. B.
   Compliance Required. No land shall be used or divided, and no structure shall be constructed, occupied, enlarged, altered, moved, or removed until:

   1. 1.
      All applicable development review and approval processes have been followed;
   2. 2.
      All applicable approvals have been obtained; and
   3. 3.
      All required permits and authorizations to proceed have been issued.
3. C.
   Emergency Powers. The City Council (Council) may authorize deviations from any provision of this Code during a local emergency. Such deviations shall be authorized by resolution of the Council without a requirement for prior notice or public hearing.

Effective on: 1/1/1901

1. A.
   Conflict with State or Federal Regulations. If any provision of this Code is inconsistent with those of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.
2. B.
   Conflict with Other City Regulations. If the provisions of this Code are inconsistent with one another or if they conflict with provisions found in other adopted ordinances, resolutions, or regulations of the City, the more restrictive provision shall control.
3. C.
   Conflict with Private Agreements. It is not the intent of this Code to interfere with, abrogate, or annul any easement, covenant, deed restriction, or any covenants, conditions, and restrictions (CC&Rs), or any other agreement between private parties. If the provisions of this Code impose a greater restriction than imposed by a private agreement, the provisions of this Code will control the private parties. If the provisions of a private agreement impose a greater restriction than this Code, the provisions of the private agreement will control the private parties. The City is not responsible for interpreting, monitoring, or enforcing private agreements, including CC&Rs, to which the City is not a party.

Effective on: 1/1/1901

1. A.
   Purpose and Role. The Henderson Strong Comprehensive Plan serves as the basic policy guide for the administration of this Code. The goals, vision, recommendations, and policies of the Henderson Strong Comprehensive Plan may be amended from time to time to meet the changing requirements of the City in accordance with the standards and procedures in HMC Section 19.21.2, Comprehensive Plan Amendments.
2. B.
   Effect. All development and redevelopment within the City shall be consistent with the applicable provisions of the Henderson Strong Comprehensive Plan, as adopted or amended by Council. Amendments to the text of this Code (HMC Section 19.21.3, Development Code Text Amendments) or rezoning of land (HMC Section 19.21.4, Zone Change/Zoning Map Amendments) may be required in order to ensure compliance with this section.

Effective on: 1/1/1901

1. A.
   Zoning Map Boundaries. The boundaries of the zoning districts established in this Code are shown on a map or series of maps designated the “zoning map,” which is adopted and made part of this Code. In case of any dispute regarding the zoning classification of land subject to the Code, the original maps maintained by the Community Development and Services Director (Director) control. Questions or disputes regarding zoning designations shown on the zoning map shall be taken to the Director.
2. B.
   Interpretation of Map Boundaries. The Director shall be responsible for interpretations of the zoning map in accordance with the standards in HMC Chapter 19.36, Interpretation of the Development Code, and the following standards:

   1. 1.
      Boundaries delineated by the centerline of streets, highways, or alleys shall follow such centerlines.
   2. 2.
      Boundaries delineated by lot lines shall follow such lot lines.
   3. 3.
      Boundaries delineated by railroad lines shall be midway between the main tracks or the centerline of a single track.
   4. 4.
      Boundaries dividing a lot or transecting un-subdivided land shall be determined using the scale appearing on the zoning map unless the boundary location is indicated by dimensions shown on the map.
   5. 5.
      Boundaries shown parallel to or as extensions of features indicated in this subsection shall be interpreted as such. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.
   6. 6.
      Where the actual location of existing physical or natural features varies from those shown on the zoning map, or in other circumstances not covered by this subsection, the Director has the authority to interpret the district boundaries. Appeals of the Director’s decision shall be reviewed by the Planning Commission (Commission) in accordance with HMC Chapter 19.19, Common Review Procedures.

Effective on: 1/1/1901

1. A.
   Continuity of Provisions. The provisions of this Code that are substantially the same as previously existing Code provisions relating to the same subject matter shall be construed as restatements and continuations and not new enactments. Any actions or proceedings commenced or permits issued pursuant to any previously existing ordinance shall not be affected by the enactment of this Code, but such actions, proceedings, and permits shall hereafter conform to this Code.
2. B.
   Violations Continue. Any violation of a previously existing Code provision will continue to be a violation under this Code and be subject to penalties and enforcement under HMC Chapter 19.35, Enforcement, unless the use, development, construction, or other activity complies with the provisions of this Code.
3. C.
   Legal Nonconformities Under Prior Code. Any legal nonconformity under a previously existing Code provision will also be a legal nonconformity under this Code, as long as the condition that resulted in the nonconforming status under the previous Code continues to exist. If a nonconformity under a previously existing Code provision becomes conforming because of the adoption of this Code, then the condition will no longer be a nonconformity.
4. D.
   Uses, Lots, Structures, and Site Rendered Nonconforming.

   1. 1.
      When a lot is used for a purpose that was a lawful use before the effective date of this Code and this Code no longer classifies such use as either a permitted use or conditional use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by the provisions of HMC Chapter 19.15, Nonconformities.
   2. 2.
      Where any building, structure, lot, or development site that legally existed on the effective date of this Code does not meet all standards set forth in this Code, such building, structure, lot, or site shall be considered nonconforming and shall be controlled by the provisions of HMC Chapter 19.15, Nonconformities.
5. E.
   Approved Projects.

   1. 1.
      Use permits, variances, architectural or design approvals, master plan overlays, and tentative subdivision maps, including planned unit developments, any of which are valid on the effective date of this Code, shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed.
   2. 2.
      No provision of this Code shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date of this Code.
   3. 3.
      The Director may renew or extend the time of a previous approval of an application that was administratively approved if the required findings or criteria for approval in effect under the prior Code remain valid. Any extension granted shall not exceed one year in length, and no more than one extension may be granted. The Director shall provide written notice of any approved extension to the City Clerk, who shall be responsible for posting notice of the approved extension in City Hall. The notice shall remain in place for at least 10 days from the date of the City Clerk’s receipt of notice.
   4. 4.
      Any re-application for an expired project approval shall meet the Code requirements in effect at the time of reapplication.
6. F.
   Map Interpretations. Questions or disputes regarding zoning designations on the zoning map resulting from adoption of this Code shall be submitted to the Director for written interpretation in accordance with HMC Chapter 19.36, Interpretation of the Development Code.

Effective on: 1/1/1901

It is expressly declared that this Code and each section, subsection, sentence, and phrase would have been adopted regardless of whether one or more other portions of this Code is declared invalid or unconstitutional.

1. A.
   If any section, subsection, sentence, or phrase of this Code is held to be invalid or unconstitutional by a court of competent jurisdiction for any reason, the remaining portions of this Code shall not be affected.
2. B.
   If any court of competent jurisdiction invalidates the application of any provision of this Code, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.
3. C.
   If any court of competent jurisdiction invalidates any condition attached to the approval of an application for development, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

Effective on: 1/1/1901