Table 19.9.1-2, Land Use Regulations, lists the land use regulations for all listed zoning districts. For all downtown zoning districts, see the Downtown Master Plan.

This Chapter defines and sets forth requirements for land uses. This Chapter also regulates developments with multiple principal uses and unlisted uses. Uses not listed in the table or not found to be substantially similar to uses listed in the table are prohibited.

(Ord. # 3954, 04/18/2023; Ord. # 3962, 05/16/2023; Ord. # 3987, 09/05/2023; Ord. # 3988, 09/05/2023; Ord. # 4010, 03/08/2024; Ord. # 4050, 12/17/2024; Ord. # 4081, 06/17/2025; Ord. # 4116, 10/21/2025; Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Use Classifications. Use classifications organize uses regulated by this Code into general “use categories,” and specific “use types” within the categories, based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or housing types, how goods or services are sold or delivered, and site conditions. Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The following use classifications are included in this Code: Accessory Uses, Residential Uses, Public/Institutional Uses, Commercial Uses, Industrial Uses, Agricultural Uses, and Temporary Uses.
2. B.
   Developments with Multiple Principal Uses. When all principal uses of a development fall within one use category, the entire building is assigned to that use category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to applicable regulations within that category.
3. C.
   Unlisted Uses. Where a particular use type is not specifically listed in this Chapter, the Director may assign the land use to a use category or use type that is substantially similar in character consistent with the procedure in HMC Chapter 19.36, Interpretation of the Development Code. The Director shall give due consideration to the purpose and intent of this Code concerning the zoning district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.

   1. 1.
      Standards for Approving Unlisted Uses. In order to determine if the proposed use(s) has an impact that is similar in nature, function, and duration to the other use types allowed in a specific zoning district, the Director shall assess all relevant characteristics of the proposed use, including but not limited to the following:

      1. a.
         The volume and type of sales; retail, wholesale, etc.;
      2. b.
         The size and type of items sold and nature of inventory on the premises;
      3. c.
         Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution;
      4. d.
         Any dangerous, hazardous, toxic, or explosive materials used in the processing;
      5. e.
         The nature and location of storage, whether enclosed, open, inside or outside the principal building; predominant types of items stored (such as business vehicles, work-in-process, inventory and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders);
      6. f.
         The type, size, and nature of buildings and structures;
      7. g.
         The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;
      8. h.
         Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site;
      9. i.
         Trip purposes and whether trip purposes can be shared by other use types on the site;
      10. j.
          Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other use types;
      11. k.
          The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes;
      12. l.
          Any special public utility requirements for serving the proposed use type, including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities;
      13. m.
          The impact on adjacent lands created by the proposed use type, which should not be greater than that of other use types in the zoning district; and
4. D.
   Prohibited Uses. The following uses are prohibited within the City:

   1. 1.
      Residential Hotels and Motels.
   2. 2.
      Bed & Breakfast facilities.
   3. 3.
      Age-restricted communities, unless approved through the master development plan per HMC Section 19.8.5 or development agreement process per HMC Section 19.7.2. Applications for age restricted communities shall include an analysis of potential impacts on city services.
5. E.
   Consumptive Water Use. The City will evaluate proposed uses based upon Consumptive Water Use and may limit allowable uses at the sole discretion of the Director of Utility Services, based on Consumptive Water Use. At the time of any entitlement application, business license, or building permit the City may require written documentation of the proposed use’s Consumptive Water Use. If the proposed use’s Consumptive Water Use is 10 million gallons of water per year or greater, the applicant shall be required to provide written documentation that, at a minimum, provides the following information:

   1. 1.
      Projected annual water usage, including water usage based upon project phasing and projected buildout of the project; and
   2. 2.
      Projected discharge to the wastewater system, based upon project phasing and projected buildout of the project; and
   3. 3.
      The business or company’s proposed plan to achieve water use efficiency; and
   4. 4.
      The business or company’s proposed plan to mitigate its impact on the limited water resources available to the city.
6. F.
   Each use and activity covered by this Chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this Code requires in the zoning district where the use or activity is proposed and all other applicable provisions of this Code.

Effective on: 1/1/1901

1. A.
   General Standards for All Accessory Uses.

   1. 1.
      General Allowance for Accessory Uses. Accessory uses that are clearly incidental and subordinate to a principal use on the site may be allowed in conjunction with the principal use to which it relates. All accessory uses shall:

      1. a.
         Be clearly subordinate in area, extent, and purpose to the principal use or structure; and
      2. b.
         Not violate any standards of this Code when taken together with the principal use or structure.
   2. 2.
      Permit Required. Unless exempted, a building permit shall be required in cases where an accessory use or structure is proposed to be added subsequent to a principal use. Freestanding accessory structures of 200 square feet or less are exempted from the building permit requirement unless a mechanical, electrical, or plumbing permit is required.
   3. 3.
      Use-Specific Standards. Unless otherwise provided in this Code, an accessory use is subject to all regulations applicable to the principal structure on the site.
   4. 4.
      Timing. Accessory uses shall not be established prior to the start of construction or issuance of the business license of the principal use or structure.
2. B.
   Accessory Animal Keeping.

   1. 1.
      Definition. The keeping of animals as an accessory use.
   2. 2.
      Standards. The keeping of all animals as an accessory use shall conform to HMC Title 7, Animals, all other provisions of law governing animal keeping, and the following standards:

      1. a.
         General Standards. The following standards apply to all animal keeping activities in all zoning districts.

         1. i.
            Unless otherwise allowed in another section of this Code, the keeping of animals shall be for the owner’s or resident’s use only. Only animals specifically listed as permitted by this code or HMC Title 7 are permitted to be kept on a property.
         2. ii.
            The owner or resident shall properly maintain and dispose of animal waste materials on a regular basis so as not to cause an odor problem or health hazard.
         3. iii.
            No animals may be slaughtered.
      2. b.
         Household Pet. An animal ordinarily permitted in the house and kept for company or pleasure, as defined and limited by specific animal type in Title 7. 

         1. i.
            Outdoor Enclosure Location. Outdoor enclosures shall be located in an interior side or rear yard and set back a minimum of five feet from the property line.
         2. ii.
            Maximum Number. Must comply with Title 7.
         3. iii.
            Potbellied Pigs. May be kept as an accessory use on a lot with a detached single-family dwelling in the RS-1 through RS-4 Districts. A maximum of one sterilized potbellied pig may be kept per property/lot.

            1. (a)
               Rural Neighborhood (RN) Overlay District. The number of Potbellied Pigs permitted on a lot in the RN Overlay District may be increased with a Conditional Use Permit, up to a maximum of three. Must comply with Title 7 Requirements.
         4. iv.
            Household Birds. Must comply with Title 7 requirements regarding the maximum number, species, enclosure, and all other standards.

            1. (a)
                Coops shall comply with Section 19.9.3.B.2.d.iii.
      3. c.
         Livestock. As defined and specifically limited by animal type in Title 7.

         1. i.
            Zoning Districts. Livestock may be kept on a lot with a single-family detached dwelling in the RS-1 and RS-2 Districts.
         2. ii.
            Maximum Number. Up to a maximum of 10 total, regardless of species, per parcel, subject to the standards below. Regarding government-created five-acre parcels, refer to Section 19.2.3.A.7 and 8.

            1. (a)
               Horse. A maximum of one horse may be kept for each 10,000 square feet of net lot area.
            2. (b)
               Cattle. One cattle is allowed per 20,000 square feet of net lot area.
            3. (c)
               Goat/Sheep/Swine (non-miniature breed). One animal is allowed per 10,000 square feet of net lot area.
            4. (d)
               Rural Neighborhood (RN) Overlay District. Livestock located within the RN Overlay District may exceed the maximum number allowed with the approval of a Conditional Use Permit. The applicant must demonstrate compliance with, or request modifications to, the standards in Section 19.9.3.B.2.c.iii-iv and Title 7.
         3. iii.
            Fencing.

            1. (a)
               A wall, fence, or barrier around the property is required where the livestock is located.
            2. (b)
               Walls, fences, or barriers must be at least six feet high and shall not be located within the required front or corner side yard setback.
            3. (c)
               Fencing must be set back at least five feet from rear and interior side property lines and at least 20 feet from any other residence, or as otherwise determined by the Director.
            4. (d)
               A building permit may be required.
         4. iv.
            Enclosures.

            1. (a)
               Livestock must be kept within an enclosed area at all times and shall not be visible to the public from any street or alleyway.
            2. (b)
               Enclosures shall be a minimum of 20 feet by 20 feet per animal.
            3. (c)
               Each enclosure shall include a minimum of 40 square feet of shade per animal.
            4. (d)
               A properly operating hose bib must be provided.
            5. (e)
               Barns, stables, or similar structures shall be located a minimum of 50 feet from the front property line and a minimum of 20 feet from all other property lines.
         5. v.
            Livestock breeding is prohibited for commercial purposes.
      4. d.
         Chickens/Ducks/Quail. Chicken, ducks, and quail may be kept outdoors for the production of eggs for personal consumption as an accessory use on a lot with a detached single-family dwelling in compliance with the following standards.

         1. i.
            Zoning Districts RS-1 through RS-6. Chickens, ducks, and quail may be permitted in the RMH zoning district only on individual lots with a minimum lot size of 6,000 square feet.
         2. ii.
            Maximum Number. A maximum combined total of ten chickens, ducks, or quail may be kept on a single lot.

            1. (a)
               Rural Neighborhood (RN) Overlay District.

               1. (1)
                  Backyard Chickens/Ducks/Quail accessory use located in the RN Overlay District; the maximum number may be increased:

                  1. 1.
                     Eleven to twenty with a Design Review and must comply with Title 7 requirements.
                  2. 2.
                     Twenty-one or more with a Conditional Use Permit and must comply with Title 7 requirements.
               2. (2)
                  Each lot may have one rooster, provided there are hens present.
         3. iii.
            Coops.

            1. (a)
               Chicken, ducks, and quail must be kept in a predator-proof coop.
            2. (b)
               Shall be separated by a minimum of 20 feet from any primary dwelling on an adjacent lot.
            3. (c)
               Shall be set back a minimum of five feet from any property line.
            4. (d)
               Shall not be located in a front yard or side yard.
            5. (e)
               Must be maintained in compliance with Title 7.
         4. iv.
            Roosters are prohibited, unless in accordance with Section 19.9.3.B.2.d.ii.(a).
         5. v.
            All other outdoor fowl are prohibited. This includes, but is not limited to, geese, turkey, and peacocks. 
      5. e.
         ​​​Mobile Animal Exhibitor. A temporary, traveling exhibition consisting of domesticated animals that are transported by a permitted operator to off-site locations for the purpose of public interaction, including, but not limited to petting and feeding; or as defined by Title 7.

         1. i.
            Rural Neighborhood (RN) Overlay District.

            1. (a)
               A Conditional Use Permit is required.
            2. (b)
               Animal keeping and office related activities are permitted onsite. Mobile animal exhibitor operations must occur offsite.
            3. (c)
               Animal keeping must comply with the livestock standards in Section 19.9.3.B.2.c.
            4. (d)
               Must also comply with all applicable Title 7 standards and permitting requirements.
         2. ii.
            Commercial, industrial, mixed-use, public/semi-public zoning districts, and all other residential districts without the Rural Neighborhood Overlay.

            1. (a)
               Mobile Animal Exhibitors are prohibited within these districts, except as part of a temporary event. Temporary events may include a mobile animal exhibitor provided they comply with Title 7 and Title 19 requirements and obtain all required permits from Animal Protection Services, Business Licensing, and Community Development and Services.
      6. f.
         Wild and Exotic Animals as defined by Title 7 are prohibited, unless approved with a permit under Section 7.40.020.
      7. g.
         Apiaries.

         1. i.
            Penalty for Violation. Failure to comply with the provisions of this Section or the terms of the zoning approval will result in a fine up to $500 per day per violation for each day the violation continues and could result in revocation of the zoning approval for the apiary. With respect to violations that are continuous, each day that the violation continues is a separate offense. Nothing in this Section shall be deemed to limit the City’s right to exercise remedies under HMC Title 7, HMC Title 15, or HMC Chapter 19.35, Enforcement, including the imposition of criminal penalties.
         2. ii.
            The cost of abatement, removal, and/or destruction of any of the above, may be assessed against the beekeeper and/or the property owner through the lien and special assessment provisions of HMC Title 15.
         3. iii.
            Public Nuisance. The following may be declared to be public nuisances subject to abatement, removal, and/or destruction:

            1. (a)
               Bees other than as defined in this Section, abandoned colonies, diseased bees, feral bees, or aggressive bees found to be living in hive boxes;
            2. (b)
               Honey, honeycombs and beeswax containing honey, if any of these items are exposed to robber bees; or
            3. (c)
               Any bees lacking an adequate fresh and clean supply of water on the premises at all times.
         4. iv.
            Standards.

            1. (a)
               All Districts except RS-8, RM, RH, RMH, CO and CA.

               1. (1)
                  Apiaries are limited to the following numbers of hive boxes, based upon the size of the lot:

                  1. i.
                     Hive boxes are not permitted on lots that are less than 5,500 square feet;
                  2. ii.
                     A lot that is 5,500 square feet or larger but equal to or smaller than ½-acre may have a maximum of two hive boxes;
                  3. iii.
                     A lot that is larger than ½-acre but equal to or smaller than two acres may have a maximum of four hive boxes;
                  4. iv.
                     A lot that is larger than two acres but equal to or smaller than five acres may have a maximum of six hive boxes;
                  5. v.
                     A lot that is larger than five acres may have a maximum of 25 hive boxes if the beekeeper can support the number of hive boxes with sufficient water (approximately one gallon per hive box per day) and with available forage.
               2. (2)
                  Apiaries are permitted only as an accessory use for all zoning districts with the exception of the DH District. On land zoned DH, apiaries may be the primary or only use.
               3. (3)
                  All apiaries located adjacent to parks, trails, or schools, or within or adjacent to a PS zoning district, shall be located and maintained behind six-foot barriers (natural or otherwise) to encourage bees to fly above such places. Additional setbacks may be required if determined necessary for the protection of public health and safety.
               4. (4)
                  In order to ensure the appropriate height of the bee flight path, hive boxes must face away from, or be parallel to, the nearest property line adjacent to another lot.
               5. (5)
                  Hive boxes must be located a minimum of 20 feet from any street.
               6. (6)
                  If hive boxes are located less than 30 feet from any street, or less than 15 feet from any property line, a flyway barrier is required. If flyway barriers are comprised of vegetation on latticework or shrubbery or other plantings, they must be maintained and pruned around the hive box except as needed to allow reasonable access.
               7. (7)
                  Hive boxes, related beekeeping equipment, and the entire lot where the apiary is located, must be clean, maintained in good condition, and kept free of any build-up of wax, comb or other materials that might encourage robbing by other bees (including bees other than honeybees). The area must be clear of remnant boxes or other debris that are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect-proof container.
               8. (8)
                  Water shall be made available to the bees on the lot at all times throughout the year and in a location that minimizes the potential for bees to seek water on other properties.
               9. (9)
                  Colonies shall be re-queened biannually or as often as necessary to prevent swarming or other aggressive behavior. Queens shall be selected from stock bred for non-aggressive behavior.
               10. (10)
                   Beekeepers shall maintain all receipts and records related to beekeeping activities for at least two years from the date of such record. Beekeepers may be required by the City and the Nevada Department of Agriculture to submit such records in response to a nuisance complaint or regulatory enforcement activities.
               11. (11)
                   No beekeeper shall own or operate an apiary that exhibits aggressive bee behavior, contains apiary pests, or is an abandoned apiary.
               12. (12)
                   No grandfathering rights shall be attached to any property, lot, entity, organization, person, business, or institution under this Section.
               13. (13)
                   High pollen and nectar producing plants must be provided on-site for purposes of pollination and avoiding nectar dearths that could cause aggressive behavior. Beekeepers shall maintain such flowering plants in proportion to the number of hive boxes they possess to support bee foraging and as reflected in their site plan.
               14. (14)
                   An apiary establishment that offers products for sale must obtain a producer’s certification from the Nevada Department of Agriculture.
               15. (15)
                   Beekeepers shall comply with all applicable federal, state, and city code, laws, regulations, and requirements.
            2. (b)
               Commercial and Industrial Districts.

               1. (1)
                  Hive boxes and beekeeping equipment shall be kept in a secure location on the premises that is inaccessible to the public.
               2. (2)
                  Beekeepers shall identify the beekeeper’s name and telephone number on all hive boxes in a manner that is clearly readable. A copy of the zoning approval shall be placed in a conspicuous place near the hive box.
               3. (3)
                  An apiary establishment that offers products for sale must comply with City business licensing requirements.
            3. (c)
               Residential Districts.

               1. (1)
                  Hive boxes shall not be located in a front yard.
               2. (2)
                  Bees shall not be raised or bred for sale. Bees may be raised or bred for the cultivation and sale of honey and other products in compliance with the home occupation provisions of HMC Section 19.9.3.D, Home Occupations, and any other applicable law. However, the honey extraction process may be performed in the same outdoor area where the hive boxes are permitted to be maintained. Approval of the City’s business licensing division may also be required prior to commencing any sales of bee products.
               3. (3)
                  Hive boxes and beekeeping equipment shall be kept a minimum of 10 feet from the side and five feet from the rear property lines and in a gated area that is inaccessible to the public.
         5. v.
            City Approval and Registration.

            1. (a)
               Community Development and Services Department approval (zoning approval) described in this Section is required prior to housing an apiary on any real property within the City boundaries. No person shall participate in any beekeeping activity or otherwise keep, maintain, or allow to be kept any hive box or other facility for the housing of bees on or in any property within the City without first obtaining zoning approval. A home occupation approval and other approvals required through the City’s business licensing division may also be applicable.
            2. (b)
               Participation in the Nevada Department of Agriculture Voluntary Apiary Registration Program is required.
            3. (c)
               Zoning approval shall not be transferable. Only the owner of the real property where the apiary is proposed, or an occupant of the real property where the apiary is proposed, with the owner’s written permission, is eligible to apply for an apiary zoning approval. Each beekeeper shall be responsible for obtaining a separate zoning approval for his or her apiaries. Only one apiary approval shall be approved per parcel.
            4. (d)
               Applicants shall provide at a minimum the following information with the submittal for zoning approval to demonstrate compliance with the requirements of this Section:

               1. (1)
                  A detailed lot diagram or site plan including location, materials and height of flyway barrier, location of hive box, and beekeeping equipment with distances to property lines and from nearby structures on neighboring properties, and type and number of flowering plants and description of water source.
               2. (2)
                  Sufficient proof in staff’s discretion of beekeeping education/training from a local technical college, university, or beekeeping association or organization to obtain competency in beekeeping must be submitted at the time of submittal for zoning approval. Beekeeping training and membership is encouraged to promote recognized best management practices that provide safe and healthy living conditions for the bees while avoiding nuisance impacts on surrounding properties and persons and protecting the public health, safety and welfare.
               3. (3)
                  Sufficient documentation to demonstrate that all standards have been met.
               4. (4)
                  Additional items as deemed necessary by staff in their discretion for the subject location.
         6. vi.
            Definition.

            1. (a)
               Apiary means any hive box or other place where bees are kept by any person, and all beekeeping equipment used in connection therewith.
            2. (b)
               Bees means honey-producing insects of the genus Apis, and includes adults, eggs, larvae, pupae, and all material, excluding honey and rendered beeswax, that is deposited into colonies by the adults. Beekeeping of anything other than bees as defined herein and regulated by this Section is not permitted within the boundaries of the City.
            3. (c)
               Beekeeper means a person who owns or has charge of one or more apiaries.
            4. (d)
               Beekeeping equipment means anything used in the operation of an apiary including, but not limited to, hive boxes, supers, frames, top and bottom boards, and extractors.
            5. (e)
               Colony means the bees, comb, and honey contained in the hive box.
            6. (f)
               Disease means any condition adversely affecting bees or their brood which may become epidemic including, without limitation, bacteria, viruses or invertebrate pests and the presence of undesirable genetic characteristics including those associated with Apis Mellifera Scutellata or hybrids of this subspecies.
            7. (g)
               Feral bee means wild bees, which are generally aggressive, have a tendency to swarm, and are of little value for commercial honey production or for pollination of crops.
            8. (h)
               Flyway barrier means a solid wall, fence, or dense vegetation that will modify bees’ flight patterns. Flyway barriers must be at least six feet in height as measured from the ground adjacent to where the hive box is located and must run along the adjacent property lines and extend 10 feet in either direction beyond the hive box. If a different height is needed for commercial purposes, it must be approved by the City through the zoning approval.
            9. (i)
               Hive box means the structure with movable frames in which a bee colony lives and which may not exceed a height of 56 inches. It shall be unlawful for any person to have in the person’s possession any bees kept in other than hive boxes.
            10. (j)
                Aggressive bees or aggressive bee behavior means defensive actions such as unprovoked attacks, robbing of hives, significantly increased flying speed, formation of a dark cloud above the hives, and reaction to carbon dioxide.
3. C.
   Accessory Structure

   1. 1.
      Definition. A building or structure detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building. Examples include garages, sheds, or accessory office spaces.
   2. 2.
      Standards in all Zoning Districts.

      1. a.
         Placement. Accessory structures shall be separated a minimum of six feet from the principal building, measured from the closest wall to wall (or post if no wall exists).

         1. i.
            Within residential districts, any accessory structure constructed closer than six feet to a principal residential structure must be attached to the principal structure by a roof. The connecting roof shall be a minimum of ten feet wide or the width of the accessory structure, whichever is less. For setback purposes, the attached buildings (accessory or principal) shall be treated as a single structure.
      2. b.
         Required Setbacks.

         1. i.
            Front: meet the setback requirement for the principal structure.
         2. ii.
            Rear: 5 feet. If the accessory structure has more than one story, the second story (and above) must meet the setback requirements for the principal structure.
         3. iii.
            Interior side: 5 feet. If the accessory structure has more than one story, the second story (and above) must meet the setback requirements for the principal structure.
         4. iv.
            Corner side: meet the setback requirement for the principal structure. 
      3. c.
         Exemption to Placement and Setback Requirements.

         1. i.
            Single story accessory structures 8-feet or less in height and 200 square feet or less are exempt from the placement standards and the rear, interior side, and corner side setback standards. The structure may not be located in the front yard. A maximum of one structure may be exempted per parcel.
         2. ii.
            Children's play equipment that would not otherwise require a building permit is exempt from the placement standards and the rear, interior side, and corner side setback standards.
   3. 3.
      Non-residential Districts.

      1. a.
         The character, style, textures, and materials shall be consistent with the adjacent buildings to which it serves and shall be applied to all sides of these structures when visible to the public.
      2. b.
         Pedestrian access or walkways shall be provided to all freestanding structures.
      3. c.
         Security buildings and check point kiosks, if needed, shall be designed with the project and incorporated into the circulation plans. Adequate vehicle stacking and a rejection turnaround are required.
      4. d.
         Height. Maximum height allowed within the zoning district.
   4. 4.
      Residential Districts.

      1. a.
         Design. Except as noted below, accessory structures shall be designed to be aesthetically compatible with the principal structure and the neighborhood character in terms of building materials, colors, and building mass.

         1. i.
            If located in the Front or Corner Side Yard, the building design (materials, roof, color) must match the principal structure.
         2. ii.
            Non-enclosed stables, gazebos, greenhouses, and carports with a roofed area of 300 square feet or less are exempt from this compatibility requirement.
      2. b.
         Maximum Size. The combined floor area of all accessory structures shall not exceed 10 percent of the lot or 50 percent of the livable floor area of the principal structure, whichever is greater.
      3. c.
         Height. The maximum height allowed is 24 feet.
4. D.
   Drive-in and Drive-through Facilities.

   1. 1.
      Definition. An outdoor service window or similar area that allows for a service to be provided from a building to persons in vehicles which also includes pick-up or drop-off windows.
   2. 2.
      Standards.

      1. a.
         Where Allowed and Permit Requirement. Drive-in and drive-through facilities are not allowed in residential districts or in the MN, CO, CN, IL, IG, DH, or PS districts. In other districts, drive-in and drive-through facilities are allowed subject to CUP approval unless otherwise stated:

         1. i.
            Banks and Credit Unions; Dry Cleaning; Pharmacy

            1. (a)
               A conditional use permit is required if the use will be located within 300 linear feet of a residential district boundary unless an intervening building or a major collector or minor arterial as shown on the Master Transportation Plan, is located between the drive-through service and the residential district boundary.
      2. b.
         Sound Systems.

         1. i.
            Within 300 Feet of a Residential Dwelling. Outdoor sound systems are prohibited. Face to face ordering is allowed.
         2. ii.
            More than 300 Feet from a Residential Dwelling. An automated volume control system is required. Design treatments, such as porte cocheres, may be required to provide further sound mitigation.
      3. c.
         Design. Design of the drive-in, drive-through facility (including the drive lanes and stacking spaces) shall demonstrate integration with the site; compatibility with surrounding uses; screening; architectural compatibility with the principal structure; efficient vehicular travel; and the pedestrian environment of the overall development.
      4. d.
         Location.

         1. i.
            Drive-through lanes and stacking spaces shall be set back a minimum of 20 feet from any street side property line when within 50 feet of a residential district.
         2. ii.
            Drive-through facilities (including the drive lanes and stacking spaces) shall not be located between a building and any adjacent street unless it can be demonstrated that the facilities are integrated into the site, screened from view of the adjacent street, and do not create negative impacts on pedestrian movement. Screening methods include a minimum 32-inch screen decorative wall or porte cochere with landscaping (or equivalent screening method as approved by the Director).
         3. iii.
            Stacking spaces are counted from the pickup window. If a separate point of order location from the vehicle is provided (order station/menu board), a minimum number of stacking spaces must be provided from the order location, as outlined in Table 19.12.2-1. The pickup window spaces and order station spaces may overlap.
      5. e.
         Waiver or Modification of Standards. The standards of this Section may be modified or waived through CUP approval.
5. E.

    

   Home Occupation.

   1. 1.
      Definition. Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit or accessory building. This does not include live/work dwellings.
   2. 2.
      Standards.

      1. a.
         Size/Area. A home occupation shall occupy no more than 20 percent of the building floor area (excluding garage space), except for horticultural activities (a home occupation within a tiny house is exempt from the 20 percent limitation).
      2. b.
         Employees. No one other than a resident of the dwelling shall be employed onsite or report to work at the site in the conduct of a home occupation. This prohibition also applies to independent contractors. No employees shall report to work at or be physically dispatched from the property.
      3. c.
         Operational.

         1. i.
            No more than 5 percent (5%) of the floor area of the primary dwelling (excluding garage space) may be devoted to the storage of stock in trade. Storage of explosives are not permitted as stock and trade. Storage shall not block required egress paths from the dwelling.
         2. ii.
            A home occupation shall be conducted entirely within a portion of a building, not within a required parking area, except for horticultural activities.
         3. iii.
            A home occupation may not have customers or clients come to the home except by prior appointment, and no more than three customers or clients per hour are allowed.
         4. iv.
            There shall be no advertising of the address of the home occupation that results in attracting persons to the premises.
         5. v.
            No kilns exceeding 10 cubic feet in size shall be permitted, and a home occupation shall comply with the performance standards in HMC Subsection 19.9.3.D. There shall be no electrical or mechanical equipment not normally found in a residential structure.
         6. vi.
            A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount associated with residential uses in the district.
      4. d.
         Exterior Appearance and Outdoor Storage.

         1. i.
            No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed.
         2. ii.
            No outside storage of materials or equipment in conjunction with the home occupation activity shall be permitted. This includes outdoor storage of materials and scrapping/recycling storage either on-site or on a vehicle/trailer parked on the street.
      5. e.
         Parking/Vehicles/Traffic. Not more than one truck or vehicle incidental to a home occupation shall be kept on the site or on any adjacent street. One trailer incidental to the home occupation may also be stored on-site either within the garage or on the side of the home (behind the front of the building). The trailer may not be parked on the street or in front of the dwelling. Commercial vehicles as defined by the Henderson Municipal Code are not permitted (including without limitation tow trucks, dump trucks, buses, taxis, limousines, food trucks or trailers, ice cream trucks or trailers, forklifts, backhoes, concrete mixers and mobile sign trucks or trailers.).
      6. f.
         Prohibited Home Occupations.

         1. i.
            No home occupation shall be allowed that will create or cause noise, dust, light, fumes, odors, smoke, glare, vibration, electrical hazards, fire hazards, the storage of toxic/hazardous materials, or any other hazard or nuisance to a greater degree than normally experienced in the district in which the Home Occupation takes place.
         2. ii.
            The following uses and activities shall not be conducted as a home occupation:

            1. (a)
               Vehicle/Equipment repair;
            2. (b)
               Beauty or barber shop;
            3. (c)
               Restaurants/Catering;
            4. (d)
               All Vehicle/Equipment Sales and Service Uses;
            5. (e)
               Animal related services (animal boarding and training and animal grooming);
            6. (f)
               Sexually oriented businesses
            7. (g)
               The sale or storage of tobacco products, tobacco paraphernalia or alcoholic beverages;
            8. (h)
               On-site commercial preparation of food for service on or off the premises (not including Cottage Food/Cosmetics Operations as defined in NRS 585); or
            9. (i)
               Any type of business that HMC Title 4 would not permit to be operated out of a residential dwelling unit.
         3. iii.
            No home occupation shall be allowed that is prohibited by the City of Henderson Building Code.
6. F.
   Moving Van/Truck Rental.

   1. 1.
      Definition. As a use accessory to a principal use on a site, the rental of pick-up trucks, vans, and/or box trucks specifically held out to be for use by people who are relocating their homes, businesses, etcetera.
   2. 2.
      Standards.

      1. a.
         A maximum of four moving van/trucks for rent may be parked on site.
      2. b.
         Trucks shall be limited to those 19 feet or fewer in length unless otherwise approved through a conditional use permit.
      3. c.
         Parking or storage of vehicles for rent shall not displace parking spaces required for the primary use or be parked along street frontages. In addition, moving van/trucks located at a Mini-Storage Facility must be located behind the perimeter screen wall.
      4. d.
         CN District. Moving van/trucks are allowed as an accessory use to a mini-storage facility only. The use must be reviewed as part of a Conditional Use Permit.
7. G.
   Outdoor Display and Sales.

   1. 1.
      Definition. The display and sale (or rental) of products and services primarily outside of a building or structure that houses an existing, licensed business including, but not limited to, vehicles, garden supplies, gas, tires, motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and lumber yards.
   2. 2.
      Standards. These standards apply to outdoor display and sales. The standards shall not apply to establishments engaged in the sale or rental of vehicles or equipment.

      1. a.
         Outdoor display/sales activities shall be limited to mixed-use and nonresidential districts;
      2. b.
         Display/sales areas shall be located immediately adjacent to the front or sides of a building of the principal use, and shall not occur to the rear of a building;
      3. c.
         Display/sales areas shall be located outside of drive aisles, fire lanes, parking areas, required landscape areas, or pedestrian ways;
      4. d.
         Display/sales areas shall not exceed eight feet in height;
      5. e.
         Such uses shall take place on an improved surface such as a paved area; and
      6. f.
         Display/sales areas shall not be located within landscaped areas.
8. H.
   Outdoor Dining and Seating.

   1. 1.
      Standards.

      1. a.
         Applicability. The standards of this Section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public-right-of-way is subject to an encroachment permit issued by the Department of Public Works.
      2. b.
         Accessory Use. Outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment that is located on the same lot or an adjacent lot.
      3. c.
         Hours of Operation. The hours of operation are limited to the hours of operation of the associated eating and drinking establishment.
      4. d.
         Maintenance. Outdoor dining and seating areas shall always remain clear of litter.
      5. e.
         Parking. Parking must be provided for the outdoor customer service area and shall be based upon the requirements of the primary use.
9. I.
   Solar Collection System

   1. 1.
      Definition. Any solar collector or other solar energy device, certified pursuant to state law, along with ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electrical generation, or water heating.
   2. 2.
      Standards.

      1. a.
         Setbacks, Location, and Height.

         1. i.
            In single-family residential areas, solar collection systems shall not be located in the front yard between the principal structure and the public right-of-way. In all other districts, solar collection systems shall be integrated into the design and architecture of accessory structures if placed between a principal structure and the public right-of-way.
         2. ii.
            In all zoning districts, freestanding solar collection systems shall be located a minimum of six feet from all property lines and other structures. When adjacent to single-family residential areas, freestanding solar collection systems shall be set back from shared property lines by a distance equal to the height of the solar collection system when it is fully extended.
         3. iii.
            In single-family residential areas, a solar collection system mounted on a structure shall not extend more than five feet above the highest point of the roof to which it is mounted and freestanding solar collection systems shall not exceed the height of the primary structure. In all other zoning districts, solar collection systems shall not extend more than five feet above the maximum height limit in the zoning district in which it is located.
         4. iv.
            Restrictions regarding placement and location shall comply with all applicable state laws, including NRS 111.239.
      2. b.
         Appearance.

         1. i.
            A structure-mounted solar collection system that is visible from a single-family residential area or public right-of-way shall, to the maximum extent practicable, be integrated into the design and architectural character of the building to which it is attached.
         2. ii.
            Excluding solar collection panels, their necessary support structure, and conduits, all equipment related to a solar collection system shall comply with HMC Section 19.10.7. Screening Requirements.
      3. c.
         Code Compliance. Solar collection systems shall comply with all applicable building and electrical codes contained in HMC Title 15.
      4. d.
         Solar Easements. A property owner who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement with the County Recorder.
10. J.
    Wind Energy System.

    1. 1.
       Definition. A wind energy conversion system consisting of a wind turbine and associated control or conversion electronics mounted to a tower or building that has a rated capacity of not more than 10 kilowatts (kW) for residential use or 100 kilowatts (kW) for nonresidential uses and that is intended to primarily reduce on-site consumption of utility power.
    2. 2.
       Standards.

       1. a.
          RS-1 and RS-2 Districts. A Conditional Use Permit is required for all freestanding wind energy systems. Wind energy systems mounted to buildings require a Design Review and may be approved administratively.
       2. b.
          RS-4, RS-6, RS-8, RM-10, RM-16, RH-24, and RMH Districts. Freestanding wind energy systems are not permitted. All wind energy systems must be mounted to buildings. A Design Review is required and may be approved administratively.
       3. c.
          All Other Districts. All wind energy systems shall require a design review and may be approved administratively.
       4. d.
          Location. In single-family residential areas, wind energy systems shall not be located in the front yard between the principal structure and the public right-of-way. In all other districts, wind energy systems shall be integrated into the design and architecture of accessory structures or used as decorative elements if placed between a principal structure and the public right-of-way.
       5. e.
          Setback.

          1. i.
             No part of the wind energy system structure, including guy wire anchors, shall be located within five feet of adjacent property lines or ten feet of other structures. Electrical equipment may encroach into these setbacks if it complies with HMC Section 19.10.7, Screening Requirements.
          2. ii.
             When adjacent to residentially zoned property, all parts of a freestanding wind energy system shall be setback a minimum distance equal to its total extended height.
       6. f.
          Height.

          1. i.
             For residential properties subject to subsection (1) above, freestanding tower height shall be determined through the Conditional Use Permit.
          2. ii.
             The maximum height of wind energy systems attached to buildings located within all residential zoning districts shall not exceed ten feet above the maximum height permitted within the zoning district, unless additional height is approved through a conditional use permit.
          3. iii.
             For nonresidential, mixed use, and residential districts not listed in subsection (1) above, the maximum allowable height shall be 70 feet. Requests for additional height shall be subject to approval of a conditional use permit.
       7. g.
          Noise. Noise produced by the turbine under normal operating conditions, as measured at the property line of any adjacent property improved with a dwelling unit at the time of the issuance of the zoning certificate, shall comply with HMC Section 19.10.13.F, Noise. The maximum noise level may be exceeded during short-term events out of the owner’s control such as utility outages and/or severe wind storms.
       8. h.
          Appearance, Color, and Finish.

          1. i.
             When mounted to a building, wind energy systems shall be painted or finished to blend or complement the color of the building.
          2. ii.
             When mounted to a tower outside of residentially zoned districts, wind energy systems shall either be designed to blend or complement the color of the site on which it is located or be used as a decorative feature.
          3. iii.
             The appearance of all wind energy systems shall be subject to approval by the Director.
       9. i.
          Clearance. The blade tip or vane of any wind energy system shall have a minimum ground clearance of 20 feet as measured at the lowest point of the arc of the blades. No blades shall extend over parking areas, driveways, or sidewalks.
       10. j.
           Signage. All signs on a wind generator, tower, or other structure associated with a small wind energy system visible from any public road, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification, shall be prohibited.
       11. k.
           Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA.
       12. l.
           Access. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed and must be integrated into the design of the tower structure.
       13. m.
           Compliance with FAA Regulations. Wind energy systems shall comply with all applicable FAA regulations, including any necessary approvals for installations close to airports.
       14. n.
           Utility Notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
       15. o.
           Abandonment. If a wind turbine is inoperable for six consecutive months the owner shall, within six months of receiving a notice, restore their system to operating condition. If the owner(s) fails to restore their system to operating condition within the six-month time frame, then the owner shall be required, at his expense, to remove the wind turbine from the tower for safety reasons. If the owner(s) fails to remove the wind turbine from the tower, the Director may pursue legal action to have the wind energy system removed at the owner’s expense.

(Ord. # 3954, 04/18/2023; Ord. # 4007, 02/06/2024; Ord. # 4010, 03/08/2024; Ord. # 4050, 12/17/2024; Ord. # 4116, 10/21/2025; Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   General Standards for All Residential Uses. The following general standards apply to all Residential Uses in the City.

   1. 1.
      Maximum Dwelling Unit Occupancy. Occupancy by persons living in a dwelling unit shall comply with all of the following:

      1. a.
         Compliance with the definition of a “family unit” or a “Community Residence”.
      2. b.
         A maximum of 20 occupants. CUP approval is required for occupancy of a dwelling unit by more than 10 persons 18 or older, not including house parents, guardians, and other persons related to the house parents or guardians, of a Community Residence.
      3. c.
         A minimum of 150 square feet of gross floor area for each of the first 10 occupants and 300 square feet for each additional occupant.
   2. 2.
      Domestic Employees. No shift change involving two or more employees shall take place between the hours of 10:00 p.m. and 6:00 a.m. For the purposes of this subsection, “employees” shall include child-care workers, domestic help, contract workers, in-home health-care providers, assisted-living service providers, or any other employee associated with a residential use.
   3. 3.
      Conversion to Nonresidential Use. Conversion of any existing use from residential to nonresidential use shall require issuance of a conditional use permit.
2. B.
   Household Living.

   1. 1.
      Dwelling, Live/Work.

      1. a.
         Definition. A structure or portion of a structure combining a residential living space for one or more persons with an integrated workspace principally used by one or more of the residents.
      2. b.
         Standards.

         1. i.
            General Standards.

            1. (a)
               The residential portion within the live/work unit shall be a minimum of 700 square feet in area. Modifications to this standard may be processed through the CUP process.
            2. (b)
               The residential portion shall be contiguous with and an integral part of the working space, with direct access between the two areas, and not a separate stand-alone dwelling unit.
            3. (c)
               Live/work units shall not be located within a single-family detached dwelling but may be located within single-family attached dwellings as well as vertical mixed-use dwellings.
            4. (d)
               Live/work units must be specifically indicated as such on a site plan approved through an entitlement application.
            5. (e)
               Live/work units are not permitted in existing developments unless the original approval for that development is amended.
            6. (f)
               The nonresidential portion within the live/work unit shall be located on the ground floor.
            7. (g)
               Any nonresidential activity shall require a City business license.
            8. (h)
               The nonresidential portion of the building shall comply with all applicable nonresidential Building Code requirements.
            9. (i)
               Employees shall be limited to occupants of the residential portion of the building plus up to two people not residing in the residential portion.
            10. (j)
                Drive-through windows are prohibited.
            11. (k)
                The use shall comply with the landscaping and open space standards for mixed-uses in HMC Chapter 19.3, Mixed-Use Zoning Districts and HMC Chapter 19.11, Landscaping Standards.
            12. (l)
                No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.
            13. (m)
                The following uses are permitted for live/work units:

                1. (1)
                   Business and professional offices.
                2. (2)
                   Artist studios.
                3. (3)
                   Retail sales of items produced or created on-site as part of the live/work use.
                4. (4)
                   Personal services such as photography studios, tailors, seamstresses, shoe repair, and other similar uses but excluding any uses prohibited below.
                5. (5)
                   Instructional services such as music and dance lessons, tutoring, palmistry and fortune-telling, and other similar uses but excluding any uses prohibited below.
                6. (6)
                   Aside from the uses listed in Subsection (n) below, other uses may be approved through the CUP process if determined by the Director to be compatible with the overall characteristics of the development or neighborhood.
            14. (n)
                The following uses are prohibited within a live/work unit:

                1. (1)
                   Sexually oriented businesses.
                2. (2)
                   Cosmetology or hair salons/barber shops.
                3. (3)
                   Animal sales and animal-related services.
                4. (4)
                   Liquor sales.
                5. (5)
                   Eating and drinking establishments.
                6. (6)
                   Massage establishments.
                7. (7)
                   Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles, vehicle detailing and painting, upholstery, etc).
                8. (8)
                   Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.
                9. (9)
                   Welding, machining, or any open flame work.
                10. (10)
                    Any other activity or use determined by the Commission to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.
            15. (o)
                Client and customer visits to live/work units are permitted subject to any conditions imposed to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas or uses.
            16. (p)
                All of the standards of this Section and all other conditions imposed on the CUP shall be set forth in CC&Rs, which shall be recorded with respect to the property.
         2. ii.
            Standards for Mixed-Use and Nonresidential Districts.

            1. (a)
               Manufacturing activities associated with a live/work unit shall be limited to those types of manufacturing that would be classified as “Limited Industry” under this Code if operated as a principal use.
            2. (b)
               The Commission may, through a CUP and with clear and convincing justification provided by the applicant, allow more than two employees at a live/work unit in the IL and IP districts.
            3. (c)
               A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.
            4. (d)
               If a building contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Chief Building Official.
            5. (e)
               The owner or developer of any nonresidential building containing live/work units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.
         3. iii.
            Standards for Residential Districts.

            1. (a)
               Manufacturing and retail sales activities shall not be allowed in a live/work unit in a residential district.
            2. (b)
               The exterior appearance of the live/work unit shall be designed to be compatible with adjacent and nearby residential uses.
            3. (c)
               Building and lot layout shall demonstrate that the quiet enjoyment expectations of the neighbors in the building or adjacent buildings take precedence over work needs of the unit in question.
            4. (d)
               Signage shall be limited to one wall sign of 15 square feet.
            5. (e)
               Garages and/or exterior areas shall not be used for work space for a live/work use.
            6. (f)
               Customer visits and deliveries shall be limited to the hours between 8:00 a.m. and 6:00 p.m., Monday through Friday, unless otherwise provided by use permit, and shall not occur on state and federal holidays.
            7. (g)
               No more than one live/work use is allowed per legal dwelling unit on the property.
            8. (h)
               No more than one single one-ton or smaller commercial vehicle related to the business activity shall be kept at the dwelling site.
            9. (i)
               No outdoor storage of materials or equipment related to the business activity shall be permitted. No outdoor activity related to the business activity shall be permitted.
            10. (j)
                Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
   2. 2.
      Dwelling, Multifamily.

      1. a.
         Definition. Two or more dwelling units on a lot or within a structure, each of which includes a separate household. A duplex located on one lot of record would qualify as multifamily.
      2. b.
         Standards. In the CT District, multifamily dwellings are allowed only as part of a mixed-use project and limited to 20 percent of the CT zoned area of the subject development or master plan.
   3. 3.
      Dwelling, Single-Family Attached.

      1. a.
         Definition. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other principal dwelling unit and attached to one or more dwellings on abutting lots.
   4. 4.
      Dwelling, Single-Family Detached.

      1. a.
         Definition. A residential building containing not more than one dwelling unit and occupied by a family unit, and that is located on its own individual lot and not physically attached to any other principal structure. For regulatory purposes, this term does not include mobile homes, recreational vehicles, or other forms of temporary or portable housing. This term includes “manufactured home,” which is defined in Sec. 19.37 of this Code and in the RMH district only may include "tiny house," which is defined in Sec. 19.37 of this Code.
      2. b.
         Standards. In the RMH district, only tiny houses are permitted and must be placed on a permanent foundation.
   5. 5.
      Senior Housing.

      1. a.
         Definition. A deed restricted apartment or condominium building or development in which the ages of all occupants shall be restricted to 62 years of age or older for all units; or, in the alternative, at least one resident in each of 80 percent of the units shall be 55 years of age or older. This use includes multifamily dwelling units that qualify as “housing for older persons” under the provisions of federal law, including without limitation housing developments that:

         1. i.
            Provide significant facilities and services specifically designed to meet the physical or social needs of older persons; and
         2. ii.
            Publish and adhere to policies and procedures that demonstrate intent to provide housing for persons 55 years of age or older to the extent allowed by applicable state or federal law.
      2. b.
         Standards. Personal Services (General) uses may be allowed as accessory uses subject to the following:

         1. i.
            Personal services uses shall be limited to residents of the development and shall not be open to the general public.
         2. ii.
            No exterior signage shall be visible to the public.
         3. iii.
            No more than three individual personal service use types within a development shall be allowed.
      3. c.
         Senior Housing developments, pursuant to Section 19.9.2.D.3.A require a master plan development overlay per Section 19.8.5 or development agreement per Section 19.7.2.
   6. 6.
      Accessory Dwelling Unit.

      1. a.
         Definition. A building or structure, including a tiny house, on the same lot as a principal dwelling, either detached, attached, or built within the primary residence, and intended for occupancy as separate living quarters.
      2. b.
         Standards.

         1. i.
            Required Setbacks.

            1. (a)
               Accessory dwelling units shall meet the following setback requirements:

               1. (1)
                  Front and corner side setbacks must meet those of the principal dwelling unit.
               2. (2)
                  The required side and rear setback for detached accessory dwelling units 14 feet or less in height is five (5) feet. Accessory dwelling units taller than 14 feet must meet the setbacks of the principal dwelling unit.
               3. (3)
                  Detached accessory dwelling unit structures must be separated from all other buildings by at least six feet. Any accessory dwelling unit constructed closer than six feet to a principal residential structure must be attached to the principal structure by a roof. The connecting roof shall be a minimum of ten feet wide or the width of the accessory structure, whichever is less. For setback purposes, the attached buildings (accessory or principal) shall be treated as a single structure.
               4. (4)
                  Existing accessory structures that are being converted to accessory dwelling units at the time of adoption of this Code shall be considered to meet the setback standards assuming the structure does not encroach further into the required setback.
         2. ii.
            Maximum Size. Accessory dwelling units shall be no more than 25 percent of the floor area of the principal dwelling or 1,000 square feet in size, whichever is greater, except that a tiny house may be no larger than 400 square feet (excluding lofts) or as otherwise defined in the International Residential Code. An attached garage is not considered part of the accessory dwelling unit for the purposes of determining maximum size.
         3. iii.
            Maximum Number. There shall be no more than one accessory dwelling unit on a lot.
         4. iv.
            Density. Accessory dwelling units shall not count toward any applicable maximum residential density requirements.
         5. v.
            Design. Except as noted below, accessory structures shall be designed to be aesthetically compatible with the principal structure and the neighborhood character in terms of building materials, colors, and building mass. Compatibility shall be measured in terms of building materials, colors, and building mass.

            1. (a)
               If located in the Front or Corner Side Yard, the building design (materials, roof, color) must match the principal structure.
            2. (b)
               If located in the rear yard, a tiny house is exempt.
            3. (c)
               A tiny house must be placed on a permanent foundation.
         6. vi.
            Use Limitations. Accessory dwelling units shall not be sold apart from the principal dwelling upon the same lot where they are located.
         7. vii.
            Any manufactured structure that is used as an Accessory Dwelling Unit and constructed to ANSI 119.5 standards shall also comply with International Residential Code (IRC) as it applies, as adopted by the City of Henderson.
3. C.
   Community Residence.

   1. 1.
      Definition. A dwelling unit of a residential character for fewer than 11 unrelated individuals with disabilities in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. NRS 278 defines “person with a disability” as a person: (a) with a physical or mental impairment that substantially limits one or more of the major life activities of the person; (b) with a record of such an impairment; or (c) who is regarded as having such an impairment. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services related to the disabilities of the residents. A Community Residence seeks to achieve normalization and community integration of its residents. Its primary purpose is to provide shelter in a family-like environment; treatment is incidental, as in any home.

      The term "Community Residence" includes "residential facilities for groups," as defined by NRS 449.017 in which fewer than 11 unrelated persons with disabilities reside, a "recovery house for persons recovering from alcohol or other substance use disorders" as defined by NRS 278.02374, in which fewer than 11 person reside, and a "home for individual residential care, as defined by NRS 449.0105. The term does not include a "facility for the treatment of alcohol or other substance use disorders", "facility for modified medical detoxification", "facilities for transitional living for released offenders", or "community triage centers" as each of these defined within NRS 449. The term also does not include an "institution", "hospital", "boarding house", "lodging house", "fraternity", "sorority", "dormitory", or any other group living arrangement for unrelated individuals who are not disabled. This dwelling unit shall be considered a residential use of property for purposes of all zoning and building codes.

   2. 2.
      Standards. Community residences shall comply with the general standards for all residential uses in HMC Subsection 19.9.4.A and the following.

      1. a.
         All Community Residences. A Community Residence shall comply with any and all local, state and federal governmental licensing or certification requirements as well as all public health and safety requirements, including any applicable building and fire safety code requirements. A residential facility for groups shall be equipped with a fire sprinkler system if the facility has three or more residents who would have difficulty perceiving danger or moving to safety in the event of a fire.
      2. b.
         Recovery Houses for Persons Recovering from Alcohol or Other Substance Use Disorders.

         1. i.
            A recovery house for persons recovering from alcohol or other substance use disorders shall require such residents to be actively and continuously enrolled in an outpatient rehabilitation program that is supervised by a licensed medical professional, or a recognized substance use disorder treatment program, or both.
         2. ii.
            A recovery house for persons recovering from alcohol or other substance use disorders shall adopt and enforce a policy prohibiting the use of drugs or alcohol by clients while they reside in the home.
         3. iii.
            Upon request, the recovery house operator shall produce evidence satisfactory to the Director that the home is in compliance with these standards.
      3. c.
         Occupancy.

         1. i.
            Residents of a residential facility for groups may also reside with house parents or guardians who need not be related to any of the persons with disabilities and, if applicable, additional persons who are related to the house parents or guardians within the third degree of consanguinity or affinity, as long as the total number of occupants of the home does not exceed 20 persons.
         2. ii.
            CUP approval is required to increase the number of residents to 11 or more persons 18 or older, not including house parents, guardians, and other persons related to the house parents or guardians, of a Community Residence.

            1. (a)
               An application for a CUP shall not be denied on any basis that discriminates against persons with disabilities. If it deems appropriate, the approving body may continue a public hearing on the application to another date in order to allow Community Development and Services staff to consult with, or to obtain an opinion from, a person or entity with expertise in the Federal Fair Housing Act regarding whether an approval or denial of the application is justified under state and federal law.
            2. (b)
               Requests to waive, reduce or refund CUP application fees for a community residence shall be considered by the Director and shall be administratively granted where the request is reasonable, and the applicant can demonstrate a financial hardship or other good cause for the waiver, refund or discount.
4. D.
   Facility for Transitional Living for Released Offenders.

   1. 1.
      Definition. A dwelling unit of a residential character that provides housing and a living environment for up to six persons who have been released from prison and who require assistance with reintegration into the community, other than such a residence that is operated or maintained by a state or local government or an agency thereof. As defined in NRS 449.0055, the term does not include a recovery house for persons recovering from alcohol or other substance use disorders or a facility for the treatment of alcohol or other substance use disorders. As used in this definition, "person who has been released from prison" means:

      1. a.
         A parolee;
      2. b.
         A person who is participating in a judicial program as established in NRS 209.4886 or 213.625 or a correctional program as established in NRS 209.4888 or 213.632.
      3. c.
         A person who is supervised by the Division of Parole and Probation of the Department of Public Safety through residential confinement as established in NRS 213.371 to 213.410, inclusive; or
      4. d.
         A person who has been released from prison by expiration of his or her term of sentence.
   2. 2.
      Standards. Facilities for transitional living for released offenders shall comply with the general standards for all residential uses in HMC Subsection 19.9.4.A and the following standards, which shall not be waived.

      1. a.
         Licensing and Other Requirements. The facility must comply on an ongoing basis with all governmental licensing and applicable notification requirements.
      2. b.
         Minimum Parcel Size. The facility must be located on a parcel with minimum size of 6,500 square feet.
      3. c.
         Transit Proximity. The facility must be located on a parcel that is within 1,500 feet of an existing bus stop served by a regional bus system.
      4. d.
         Indoor Common Area. A minimum of 25 square feet of Indoor common area shall be provided per resident.
      5. e.
         Scale and Architectural Character. The facility shall be consistent with the scale and architectural character of the neighborhood.
      6. f.
         Signage. No signage, graphics, display, or other visual representation that is visible from a public street shall be used to identify the facility as a Facility for Transitional Living for Released Offenders.
      7. g.
         Separation. The facility shall be located a minimum of 1,500 feet from another facility for transitional living for released offenders, a community residence, religious assembly, school, day care facility, or city park.
      8. h.
         Live-In Staff. There shall be no more than two live-in facility staff at the subject property.
      9. i.
         Occupancy. The number of occupants within a facility shall not exceed the following occupancy standards:

         1. i.
            For the first bedroom (deemed to be the largest bedroom), a maximum of two adults (18 years of age or older).
         2. ii.
            For each bedroom thereafter:

            1. (a)
               A maximum of one adult, for bedrooms less than 100 square feet in area; and
            2. (b)
               A maximum of two adults, for bedrooms 100 square feet in area or greater.
      10. j.
          Location. The site may not be located in the RN Overlay District.
5. E.
   Manufactured/Mobile Home/Tiny House Park or Subdivision.

   1. 1.
      Definition. A development designed and occupied by mobile homes, manufactured homes, or tiny houses, including sites containing spaces with required improvements and utilities that are leased for the long-term placement of homes and subdivisions that may or may not include individual lots, each containing one single-family mobile home, manufactured home, or tiny house. May include services and facilities used in common by residents.
   2. 2.
      Standards. Manufactured/mobile home/tiny house parks and subdivisions shall comply with the general standards for all residential uses in HMC Subsection 19.9.4.A and the following.

      1. a.
         Minimum Lot Area.

         1. i.
            Each lot that is privately owned shall have a minimum area of 2,800 square feet, except that a lot for a tiny house shall have a minimum area of 1,000 square feet.
         2. ii.
            A park or subdivision shall have a minimum area of 20,000 square feet.
      2. b.
         Setbacks.

         1. i.
            Each dwelling unit in the park or subdivision shall be set back at least 10 feet from any other dwelling unit, common driveway/drive aisle, or street.
         2. ii.
            All structures shall be set back at least 15 feet from the perimeter boundary of the district.
      3. c.
         Common Facilities and Recreational Features. Common facilities and recreational features shall be centrally located.
      4. d.
         Design. 

         1. i.
            City review and approval of a Design Review application is required.
         2. ii.
            Tiny houses must be placed on permanent foundations.
      5. e.
         Open Space.

         1. i.
            Subject to the open space requirements listed in TABLE 19.2.2-1, DEVELOPMENT STANDARDS - RESIDENTIAL DISTRICTS.
      6. f.
          Utilities.

         1. i.
            Parks and subdivisions shall comply with all adopted City standards for the provisions of utility services and for location and width of utility easements unless the Director of Utility Services or utility provider determines that utility easements of different sizes or in different locations will provide equivalent safety, durability, and opportunities for utility maintenance. This may affect minimum lot widths and sizes.
6. F.
   Short-Term Vacation Rental.

   1. 1.
      Definition. A permanent residential dwelling unit or any portion of such dwelling unit, rented for occupancy for a period of less than 30 consecutive calendar days, or, in February, less than 28 consecutive calendar days, counting portions of a day as full days, regardless of whether a permanent resident is also present during the period of occupancy.
   2. 2.
      Standards. The following short-term vacation rental standards are not waivable. Failure to comply with any of these standards shall constitute a violation of this Section.

      1. a.
         Unless mapped for individual ownership, dwelling units in a multi-unit dwelling structure shall not be utilized as short-term vacation rentals.
      2. b.
         Any property owner wishing to operate a short-term vacation rental must register its property with the City. Effective July 1, 2022, all registrants must obtain a State of Nevada business license.
      3. c.
         Only the property owner of record, as listed in the Clark County Assessor’s records at the time of registration may register a short-term vacation rental. The property owner must be at least 18 years of age. The property owner may also be referred to in this Section as the “applicant” or “registrant”. If the property owner of record is an entity, an officer or manager of the entity may register the short-term vacation rental upon providing proof of entity action authorizing the registration. If the property owner of record is a trust, only a trustee designated by the trust may register the short-term vacation rental.
      4. d.
         Effective July 1, 2022, each property owner is limited to a maximum of 5 registrations per State of Nevada business license held by that owner.
      5. e.
         Mobile homes, RVs, travel trailers, tents, vehicles, and similar non-permanent structures may not serve as short-term vacation rentals.
      6. f.
         Short-term vacation rentals are considered “transient lodging” for the purposes of HMC Chapter 4.48 and are required to meet the definition of transient lodging set forth in that Section.
      7. g.
         A short-term vacation rental shall not generate more traffic or different types of vehicle traffic than a home occupied by a permanent resident.
      8. h.
         A short-term vacation rental may only be used for overnight accommodations and shall not be used for weddings, bachelor or bachelorette parties, or any gathering meeting the definition of “short-term vacation rental – party” as established in Chapter 19.37, Definitions of Terms.
      9. i.
         A short-term vacation rental shall, at all times, comply with all residential property maintenance requirements of HMC Title 15.
      10. j.
          Complaints regarding short-term vacation rentals shall be directed to the City complaint hotline (see Subsection 19.35.5.B, Enforcement Process for Short-Term Vacation Rentals). The registered local contact shall be available by phone 24 hours a day to answer calls from the complaint hotline, as well as complaints from any other sources. Upon receipt of a notification or attempted notification regarding a complaint, the registered local contact shall contact the occupant of the short-term vacation rental and resolve the issue giving rise to the complaint. The registered local contact shall have 30 minutes from the time of notification or attempted notification of a complaint to resolve the problem giving rise to the complaint. Failure to resolve the problem within 30 minutes shall constitute a violation of this code unless the registered local contact can demonstrate that they contacted the occupant of the short-term vacation rental within 30 minutes and attempted to resolve the problem but were unable to do so. In that event, the registered local contact shall visit the short-term vacation rental property to address the problem and resolve the complaint within 30 minutes thereafter.

          The registered local contact shall provide a detailed report of all complaints received and their resolution or attempted resolution to the Community Development and Services Department within 48 hours of notification or attempted notification of a complaint. If the registered local contact disputes the complaint, the report shall include any photographs, videos, audio recordings, and/or other documentation refuting the existence of the problem underlying the complaint.

          Failure to resolve any complaint or to report complaints to the Community Development and Services Department as required in this Section 19.9.4.F.2.j, shall be a violation of this Section and shall be cause for the issuance of administrative fines and potential termination of registration pursuant to Subsection 19.35.5.B, Enforcement Process for Short-Term Vacation Rentals. Violations of this Section 19.9.4.F.2.j shall be considered separate and independent from any violation of any other provision of this Section. The City may take enforcement action against a short-term vacation rental for any violation of this Section 19.9.4.F.2.j separately from and in addition to any enforcement action taken to address the violation underlying the complaint, if any.

      11. k.
          A change in record ownership of a registered short-term vacation rental for any reason shall terminate the current registration upon recordation of the transfer of property or sale of the property and requires a new registration in the name of the new property owner of record, in compliance with this ordinance. Any transfer of ownership interests in an entity shall constitute a change in ownership of a registered short-term vacation rental which shall terminate the current registration upon such transfer of ownership interests, and requires a new registration disclosing all ownership interests in the entity. This Subsection (k) does not apply to non-conforming short-term vacation rentals as defined in HMC Subsection 19.9.4.F.2.p, whose registration shall automatically terminate as set forth in HMC Subsection 19.9.4.F.2.p.iii.
      12. l.
          Occupancy of a short-term vacation rental is limited to four occupants for the first bedroom and two occupants per each additional bedroom as listed with the Clark County Assessor’s Office as of the date of registration, up to a maximum of 16 persons.
      13. m.
          The City-issued registration number and, effective July 1, 2022, the Secretary of State business identification number shall be listed within the property description on any advertisement for the short-term vacation rental. The City issued registration certificate and, effective July 1, 2022, the State of Nevada business license shall be posted inside the property in a conspicuous location. The on-site posting shall include the maximum number of occupants permitted per the registration, the registered local contact name and phone number, and the issue date and expiration date of the registration.
      14. n.
          The number of short-term vacation rentals within a multi-unit dwelling structure or mixed-use building is limited to 10 percent of the total number of residential units within a structure. Each short-term vacation rental shall require a separate registration. Where more applications are submitted to operate a short-term vacation rental than are allowed within the same multi-unit dwelling structure or mixed-use building, the first applicant(s) to complete the registration process, as measured by the date and time of final approval of registration, shall be entitled to operate a short-term vacation rental.
      15. o.
          A short-term vacation rental shall not be located within 1,000 feet of another registered short-term vacation rental. The distance shall be measured as a radius from the property line of the registered short-term vacation rental to the nearest property line of the proposed short-term vacation rental. This distance requirement is not waivable. This distance separation does not apply to units mapped for individual ownership within a multi-unit dwelling structure, which units shall be limited as described in HMC Subsection 19.9.4.F.2.n, above.

          A short-term vacation rental shall not be located within 2,500 feet of a resort hotel, as defined by NRS 463.01865. The distance shall be measured as a radius from the property line of the proposed short-term vacation rental to the nearest property line of the resort hotel. This distance requirement is not waivable.

      16. p.
          The following shall be permitted to operate as a legal non-conforming short-term vacation rental, subject to the requirements of subsections i through iii of HMC Subsection 19.9.4.F.2.p.: a registered short-term vacation rental that does not meet the required distance separation from another registered short-term vacation rental as required in HMC Subsection 19.9.4.F.2.o, as of November 17, 2020; a registered short-term vacation rental that does not meet the required distance separation of 2,500 feet from a resort hotel as required in HMC Subsection 19.9.4.F.2.o, as of February 18, 2022; a registered short-term vacation rental in a multi-unit dwelling structure with more than 10 percent of units registered as short-term vacation rentals as of February 18, 2022; and a registered short-term vacation rental located in a common interest community as of February 18, 2022.

          1. i.
             A legal non-conforming short-term vacation rental registration shall automatically terminate if not renewed by the annual registration date; and thereafter, the property may not be registered and may not operate as a short-term vacation rental.
          2. ii.
             A legal non-conforming short-term vacation rental registration that is terminated for any other reason pursuant to the provisions of this Section or HMC Subsection 19.35.5.B, Enforcement Process for Short-Term Vacation Rentals, may not be registered thereafter and may not operate as a short-term vacation rental.
          3. iii.
             A legal non-conforming short-term vacation rental registration shall automatically terminate with a change in record ownership of the short-term vacation rental for any reason, upon recordation of the transfer or sale of the property. For a legal non-conforming short-term vacation rental owned by an entity, any transfer of ownership interests in the entity shall constitute a change in the ownership of the legal non-conforming short-term vacation rental which shall terminate the current registration upon such transfer of ownership interest.
      17. q.
          Only one short-term vacation rental booking is allowed per registered property at any given time.
      18. r.
          Exterior signs identifying the property as a short-term vacation rental are prohibited.
      19. s.
          Short-term vacation rentals shall be booked for a minimum of two nights per booking, unless the rental is owner-occupied, in which case the minimum shall be one night.
      20. t.
          Pools and/or spas shall not be used between the hours of 10:00 p.m. and 10:00 a.m. on weekends, and 10:00 p.m. and 7:00 a.m. on weekdays. Signage shall be posted at these outdoor areas to notify occupants of the prohibited hours.
      21. u.
          Each short-term vacation rental shall install a front, street-facing security camera that shall be installed and remain functioning as long as the property is registered as a short-term vacation rental. Security footage shall be maintained for a minimum of two months. This requirement does not apply to multi-unit dwelling structures that have monitored common entrances to the building.
      22. v.
          Each short-term vacation rental shall comply with HMC Section 5.17 (Solid Waste Management). The property owner shall include usable trash and recycling containers, the trash services collection schedule and instructions for proper trash disposal in the rental rules provided to each occupant.
      23. w.
          Each short-term vacation rental shall comply with noise standards listed below:

          1. i.
             HMC Section 8.84 (Noise Control); and
          2. ii.
             quiet hours which shall be between the hours of 10:00 p.m. and 10:00 a.m. on weekends, and 10:00 p.m. and 7:00 a.m. on weekdays.

             1. (a)
                No outdoor amplified sounds shall occur during quiet hours.
             2. (b)
                Yelling, shouting, hooting, whistling, or singing during quiet hours so as to unreasonably annoy or disturb the quiet, comfort, or repose of any persons of ordinary sensibilities is prohibited.
             3. (c)
                During non-quiet hours, outdoor amplified sound shall comply with noise regulations.
             4. (d)
                All rear and side yard outdoor lighting shall be turned off during quiet hours, with the exception of motion-sensitive outdoor security lighting and landscape lighting.
      24. x.
          All short-term vacation rentals shall maintain a noise management plan.

          The noise management plan must include:

          1. i.
             Continuous operation of noise monitoring device(s) while the registered property is rented;
          2. ii.
             Conspicuous posting on-site of established quiet hours and penalties for violations of the HMC;
          3. iii.
             A commitment by the short-term vacation rental owner and registered local contact, upon notification that the short-term vacation rental occupants and/or their guests have created unreasonable noise or disturbances or violated provisions of the Henderson Municipal Code or state law pertaining to noise or disorderly conduct, that the short-term vacation rental owner or its registered local contact will promptly act within 30 minutes to prevent continuation and/or a recurrence of such conduct by those short-term vacation rental occupants and/or their guests.
          4. iv.
             Noise level data records maintained by the property owner for a minimum of two months.
          5. v.
             Noise monitoring equipment located both indoors and outdoors, in common areas; and
          6. vi.
             Additional noise monitoring equipment shall be installed at the pool/spa areas for non-multi-unit dwelling structures with a pool or spa.
      25. y.
          The City shall have the right to request an inspection of all short-term vacation rentals. Upon consent of the property owner, an inspection shall be conducted at a reasonable time, and shall be limited in scope to inspection of areas needed to determine compliance with the registration requirements of this Code. If the property owner agrees to the inspection, the property owner or the registered local contact must meet the City inspector at the property for any requested inspection.
      26. z.
          All hosting platforms shall:

          1. i.
             Require that all users listing rentals on the platform include the City issued registration number in any listing for a short-term vacation rental on the platform and, effective July 1, 2022, the Secretary of State business license number;
          2. ii.
             Ensure the deactivation of all short-term vacation rental listings that lack a registration number by doing one of the following:

             1. (a)
                Check the listed registration number against the City’s registry described in HMC Subsection 19.9.4.F.2, above, and deactivate any short-term vacation rental listing that lacks a registration number that appears on the City’s registry; or
             2. (b)
                Deactivate any short-term vacation rental listing that lacks a registration number within seven days of receiving notice from the City.
          3. iii.
             Submit a quarterly report to the City and to the State of Nevada Department of Taxation stating, for each quarter:

             1. (a)
                The number of bookings, listings, owners and lessees for the City;
             2. (b)
                The average number of bookings per listing for the City;
             3. (c)
                Current year-to-date booking value for the City;
             4. (d)
                Current year-to-date revenue collected from all rentals through the platform in the City, disaggregated by owners or lessee; and
             5. (e)
                The average length of a rental in the City.

                In addition to hosting platforms, all accommodations facilitators that collect such information must submit the above-required quarterly report. To the extent the accommodations facilitator does not collect any of the above information, the City may require the owner to submit a quarterly report of such information.

          4. iv.
             Effective July 1, 2022, impose, collect and remit all required taxes on the gross receipts from the rental of transient lodging advertised on its platform in compliance with the requirements applicable to operators set forth in HMC Chapter 4.48.
          5. v.
             Upon request of the Director, an accommodations facilitator shall report all current listings of a residential unit or a room within a residential unit that the accommodations facilitator brokers, coordinates, makes available or otherwise arranges for the short-term vacation rental.
      27. aa.
          A short-term vacation rental shall not be located within a common-interest community unless the governing documents of the community expressly authorize the rental of a residential unit or a room within a residential unit for the purposes of transient lodging.
   3. 3.
      Registration Requirement. Operation of a short-term vacation rental requires a registration with the City that must be renewed on an annual basis as set forth in this Section. Registration requires the following:

      1. a.
         Advance payment of the then-current annual registration fee for the year following the date of registration, as set forth in HMC Section 18.01.030.
      2. b.
         Effective July 1, 2022, a current State of Nevada business license in the name of the property owner.
      3. c.
         Evidence that the registrant is at least 18 years of age; or, if the property owner of record is an entity, proof of entity action authorizing the registration by a manager or officer of the entity; or, if the property owner of record is a trust, a copy of the certification of trust authorizing the registration by a trustee designated by the trust.
      4. d.
         A listing of the number of bedrooms that are available for rent at the property as listed with the Clark County Assessor’s Office.
      5. e.
         A certificate of insurance indicating that the property is used as a short-term vacation rental and carries general liability coverage with policy limits of not less than $1 million per occurrence.  An excess liability policy or umbrella liability policy may be used in addition to the general liability policy to meet the minimum liability requirements.  Insurance shall be maintained for the duration of the short-term vacation rental registration.   Proof of insurance shall be required at the time of the application submittal.
      6. f.
         A notarized statement from the registrant:

         1. i.
            Certifying that operation of the short-term vacation rental, if located within a common-interest community, is either: (1) expressly authorized by the current governing documents of the community, with such governing documents expressly authorizing operation of a short-term vacation rental provided as a required attachment to the notarized statement, and with the express authorization language clearly identified by the applicant; or (2) the short-term vacation rental has been continuously owned by the same owner that registered the short-term vacation rental on or prior to February 18, 2022.
         2. ii.
            Acknowledging that registration with the City will not supersede any such governing documents;
         3. iii.
            Acknowledging that the registrant has reviewed this Section and understands its requirements and consents to abide by the same;
         4. iv.
            Certifying that the property is fully compliant with all applicable laws and has installed or included the following: a smoke alarm in each bedroom, a carbon monoxide detector on each floor, an illuminated street address number visible from the street, one fire extinguisher per floor, and an evacuation map;
         5. v.
            Acknowledging that the registrant is responsible for each and every occupant’s compliance with the HMC while they are on the property;
         6. vi.
            Certifying that there are no delinquent room tax liabilities or liens on or associated with the property;
         7. vii.
            Certifying that a noise management plan as required in Subsection 19.9.4.F.2.x will be in place prior to first rental after registration approval;
         8. viii.
            Acknowledging that the property does not receive affordable housing incentives and is not located in any subsidized housing, public housing, or other unit subject to income restrictions.
         9. ix.
            Certifying that the registrant intends to operate a short-term vacation rental on the property and is not obtaining a registration for any other purpose; and
         10. x.
             Acknowledging that the registrant agrees to indemnify and defend the City against any third-party claims based upon the veracity of the foregoing statements.
      7. g.
         Designation by the owner of a registered local contact who shall be available 24 hours per day, seven days per week, to respond to and resolve any complaint as set forth in HMC Subsection 19.9.4.F.2.j, above. The property owner shall provide the registered local contact person’s proof of residency within Clark County, at the time of registration. A property owner may contract with a private security company that is licensed to conduct business within the City to act as the registered local contact. The licensed security company shall provide monitoring and compliance enforcement 24 hours per day, seven days per week, and is required to provide services complying with the requirements of HMC Subsection 19.9.4.F.2.j, above.
      8. h.
         Dissemination of registered local contact information to all properties located within a 200-foot radius of the short-term vacation rental parcel within 10 days of registration approval. Information shall be mailed to each address and to each owner of property as listed with the Clark County Assessor’s Office and to any homeowner’s association that is registered with the City within the 200-foot radius. Proof of mailing and a copy of the information sent to residents and homeowners associations shall be provided to Community Development and Services Department within 14 days of mailing.
      9. i.
         If the registered local contact is changed, the owner shall provide its updated registration information to the Community Development and Services Department and to all properties within a 200-foot radius of the short-term vacation rental parcel within five business days of the change, in accordance with Subsection 19.9.4.F.3.h, above.
      10. j.
          The registrant shall provide a copy of the City’s “Good Neighbor” pamphlet and its registered local contact to the future occupant at the time of reservation booking and upon checking into the short-term vacation rental. A copy of the pamphlet shall be on site at all times.
      11. k.
          The registrant shall conduct a self-inspection utilizing the City short-term vacation rental checklist and shall provide the City a signed copy of the completed checklist as part of the registration process. The City reserves the right to inspect the property during the registration period for the limited purpose of determining that all registration requirements for the property have been met and the property meets all building code requirements prior to beginning operation as a short-term vacation rental. Any inspection shall occur upon prior notification to the property owner, at a reasonable time, and with the property owner or its designated agent present for the inspection. The registrant is responsible for payment of any costs related to the inspection.
      12. l.
          The property owner and registered local contact shall complete and provide proof of completion of a short-term vacation rental certification program for short-term rental best practices provided by a college or university or offered through a professional organization prior to issuance of registration. The course must be approved by Community Development and Services. If the registered local contact changes after issuance of registration, the new registered local contact must complete and submit proof of completion of the program within 10 days of the change. Completion of a certification program is not required for a property manager licensed under NRS 645. A copy of such state license shall be provided at the time of registration or the certification program shall be required.
      13. m.
          Once the applicant has submitted a complete application and all required materials and registration fees, the Community Development and Services Department will review the application and materials and determine whether the short-term vacation rental property meets all of the City’s requirements for registration. If it is determined that the application and other submittals meets all of the requirements, the Director or designee will issue the registration.
      14. n.
          Registrations must be renewed by the annual registration renewal date. Renewal will require submittal of the following:

          1. i.
             The annual registration fee;
          2. ii.
             Current State of Nevada business license (effective July 1, 2022);
          3. iii.
             An updated general liability insurance certificate;
          4. iv.
             Updated property owner contact information;
          5. v.
             Updated registered local contact information, including proof of residency within Clark County; if new registered local contact, must also include required short-term vacation rental certification certificate or a copy of a valid state license for a local contract that is NRS645 licensed property manager;
          6. vi.
             A completed self-inspection checklist;
          7. vii.
             Any additional information staff may request upon review of the renewal application; and
          8. viii.
             An inspection of the property by the City, if needed during the renewal period for the limited purpose of determining that all registration and/or renewal requirements for the property have been met and the short-term vacation rental meets all building code requirements. Any inspection shall occur upon prior notification to the property owner, at a reasonable time, and with the property owner or its designated agent present for the inspection.

          Failure to complete the renewal process by the annual deadline will require completion of a new registration in compliance with all current Code requirements.

      15. o.
          Registrants shall conform with all registration requirements contained in this Section at all times. Should a registrant fail to conform or become unable to conform with these requirements, the registrant shall immediately discontinue the use of the property as a short-term vacation rental. Failure to immediately discontinue the use of the property as a short-term vacation rental may result in the immediate suspension of the registration upon written notice from the City.
      16. p.
          If the property is served by a private on-site septic system, the property owner shall provide a letter of approval from the Southern Nevada Health District that indicates the maximum number of people the septic system is able to handle.
   4. 4.
      Transient Lodging Tax.

      1. a.
         The registrant shall comply with HMC Chapter 4.48 – Transient Lodging and Gaming Taxes regulations. Effective July 1, 2022, accommodations facilitators shall comply with HMC Chapter 4.48 – Transient Lodging and Gaming Taxes regulations – with regard to its requirements for imposing, collecting and remitting taxes on the gross receipts from the rental of the transient lodging. For a short-term vacation rental with no accommodations facilitator, the registrant shall continue to be responsible for compliance with HMC Chapter 4.48.
      2. b.
         The registrant shall maintain rental records in accordance with HMC Chapter 4.48.070.
      3. c.
         The registrant shall submit to the City a transient lodging tax return on a monthly basis, whether or not the short-term vacation rental generated revenue for the designated month. Effective July 1, 2022, accommodations facilitators shall file with the City a transient lodging tax return on a monthly basis for all short-term vacation rentals in the City for which they facilitated a rental during that month. If the accommodations facilitator is a hosting platform, it shall submit a transient lodging tax return for all short-term vacation rentals listed on the platform during that month, whether or not the short-term vacation rental(s) generated revenue for the designated month. For short-term vacation rentals with no accommodations facilitator, the registrant shall remain responsible for submitting the transient lodging tax return.
   5. 5.
      Enforcement Process. Subsection 19.35.5.C, Enforcement Process for Short-Term Vacation Rentals, shall govern the enforcement of this Section. All violations of this Section are deemed a nuisance and are therefore subject to all enforcement actions and remedies available to the City for prevention and correction of nuisances.
7. G.
   Travel Trailer/RV Park.

   1. 1.
      Definition. Any lot, tract of land, or facility renting or leasing space for the accommodation of two or more owners or users of travel trailers and recreational vehicles, not intended for permanent residence.
   2. 2.
      Standards. In the CT District, travel trailer/RV parks are allowed only as part of a mixed-use project.

       

(Ord. # 3954, 04/18/2023; Ord. # 4007, 02/06/2024; Ord. # 4010, 03/08/2024; Ord. # 4050, 12/17/2024; Ord. # 4118, 11/04/2025)  

Effective on: 11/7/2025

1. A.
   Airport or Landing Strip.

   1. 1.
      Definition. Runways and related facilities for aircraft take-off and landing.
   2. 2.
      Standard. The site may not be located in the RN Overlay District.
2. B.
   Cemetery.

   1. 1.
      Definition. Land used or intended to be used for the burial or internment of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery.
   2. 2.
      Standards.

      1. a.
         Crematoriums must be separated a minimum of 1,500 feet from residential districts.
      2. b.
         The site may not be located in the RN Overlay District.
3. C.
   Club or Lodge.

   1. 1.
      Definition. Meeting, recreational, or social facilities of a private or non-profit organization primarily for use by members or guests. This use type includes union halls, social clubs, youth centers, fraternal, and veteran’s organizations.
   2. 2.
      Standard. the site may not be located in the RN Overlay District.
4. D.
   Community Food Services.

   1. 1.
      Definition. A religious, charitable or other nonprofit organization that collects, stores, distributes and/or serves food or edible commodities to low-to-moderate income individuals in need. This use does not include food operations regulated by the Souther Nevada Health District as a Food Establishment pursuant to NRS Chapter 446. Community Food Services includes Food Banks, Food Pantries, Congregate Meal Services and Mobile Food Pantries. These are defined as:

      1. a.
         Food Bank.

         1. i.
            Definition. A facility operated by a religious, charitable or other nonprofit organization for the sourcing, collecting, sorting, cataloging, and warehousing of unprepared or prepared packaged and fresh food items to be distributed to the general public via off-site third-party entities such as food pantries.
      2. b.
         Food Pantry.

         1. i.
            Definition. A religious, charitable or other nonprofit organization or establishment which maintains a store of unprepared or prepared food, or other provisions for distribution at no cost, or very low cost, to people in need, i.e. low income, unemployed or homeless individuals or families, or those facing emergency or distress.
      3. c.
         Congregate Meal Service.

         1. i.
            Definition. A religious, charitable, or other nonprofit organization that maintains an established feeding operation to provide food including but not limited to hot meals or boxed meals to persons in need on a regular basis.
      4. d.
         Mobile Food Pantry.

         1. i.
            Definition. A religious, charitable or other nonprofit organization, or combination thereof that provides Food Pantry or Congregate Meal Service at temporary locations. 
   2. 2.
      Standards. A Design Review Application and approval is required. 

      1. a.
         Site Design.

         1. i.
            Appropriate waiting areas shall be created to minimize the formation of lines for those awaiting service, to ensure no surrounding land use will be disrupted by the community food service operations.
         2. ii.
            Off-street parking and/or drop-off space adequate to meet the needs of the proposed facility shall be provided. All volunteers, workers, and patrons must utilize all on-site parking prior to utilizing street parking. Queueing of vehicles must occur on-site and adequate staff to direct traffic must be provided (if queueing occurs).
      2. b.
         Waste Management.

         1. i.
            Solid Waste must be disposed of in compliance with HMC Title 5, and all dumpsters must be adequately screened in compliance with HMC Section 19.7.5.I.
         2. ii.
            Food waste and other putrescible waste must be disposed of and comply with HMC Section 5.17.040.D and HMC Section 15.12.030.
         3. iii.
            Mobile food pantries must identify in their application the location where they will properly dispose of food. Food waste and other putrescible waste must not be dumped directly into a solid waste dumpster. A written agreement with, or letter of approval from the owner or location where food waste and other putrescible waste is disposed of must accompany any design review application.
      3. c.
         Accessory Buildings/Outside Storage.

         1. i.
            Any building constructed on the site must be reviewed through the appropriate development process. This includes obtaining all required building permits and approvals.
         2. ii.
            The use of trailers, portable cold storage units, storage containers, and other similar means of storage is not permitted without a separate approval.
         3. iii.
            The stacking or storing of pallets is not permitted unless properly screened and approved through the Design Review Application.
      4. d.
         Operations.

         1. i.
            Handwashing and Sanitation.

            1. (a)
               Handwashing and/or sanitation stations facilities must be made available on the property for all staff members and clients. All handwashing stations must supply hot water of at least 110 degrees or through an alternate method as approved by the health authority.
         2. ii.
            Restrooms.

            1. (a)
               Restroom facilities are required to be made available on the property or within a reasonable distance for all staff members and program clients pursuant to the certificate of occupancy for the primary structure. Mobile Food Pantry operators shall be located within 300 feet of an operable and accessible restroom. The applicant must obtain and provide with its application written permission from the property owner to utilize any public or private restrooms.
         3. iii.
            Certification.

            1. (a)
               At least one person onsite must have a Food Handler Certificate as issued by the Southern Nevada Health District.
         4. iv.
            Storage of Food.

            1. (a)
               Certain foods require time/temperature control for safety (TCS) to control the pathogenic microorganism growth or toxin formation. All food that requires TCS must comply with time and temperature information as contained in the current U.S. Food and Drug Administration Food Code. All locations which are being used to meet TCS must be made available to the City upon reasonable prior notice to inspect for compliance.
            2. (b)
               Transportation of TCS Foods – Foods must be kept at their designated safe hot or cold temperatures during transport as established in the current U.S. Food and Drug Administration Food Code. All locations which are being used to meet TCS must be made available to the City upon reasonable prior notice to inspect for compliance.
            3. (c)
               Re-freezing of previously frozen raw foods is unsafe and prohibited.
            4. (d)
               Food storage areas must be kept in a clean and sanitary manner. The areas must be maintained free of rodents, insects, and standing/stagnated water. All locations which are being used to meet TCS must be made available to the City upon reasonable prior notice to inspect for compliance.
            5. (e)
               Mobile food pantries and congregate meal services shall prepare all hot meals from a fixed location identified in the application. No private or personal cooking apparatus may be used at a park, recreation facility, or trail per HMC 2.27.030.Q. All locations used to prepare food must be made available to the city upon reasonable prior notice to inspect for compliance.
      5. e.
          The use may not be located in the RN Overlay District.
5. E.
   Cultural Institution.

   1. 1.
      Definition. An institution and/or associated facility engaged in displaying or preserving objects of interest in one or more of the arts or sciences. This use type typically includes but is not limited to libraries, museums, and non-commercial art galleries.
   2. 2.
      Standard. The site may not be located in the RN Overlay District.
6. F.
   Day Care.

   1. 1.
      Day Care Center.

      1. a.
         Definition. Establishments that provide care for persons on a less-than-24-hour basis other than Group Child Care or Family Home. This use may include nursery schools, preschools, accommodation facilities, and day care centers offering non-medical care. This use must also comply with all local and state licensing requirements.
      2. b.
         Standards.

         1. i.
            Indoor and Outdoor Space. Day care centers shall include the minimum square footage of outdoor play space on the site (including trees or structures that provide adequate shade over the play space) and indoor space per State of Nevada requirements as listed in NAC 432A.250 (Building and Grounds);
         2. ii.
            Separation. Day care centers located within residential districts shall be located a minimum of 1,000 linear feet from any other Day Care Center or Group Child Care use also located within a residential district;
         3. iii.
            Location. Day care centers shall:

            1. (a)
               Be located on lots that front a minor collector or greater street as indicated on the Henderson Master Transportation Plan; and
            2. (b)
               Be located on a lot of at least 12,000 square feet in size.
            3. (c)
               Not be located in the RN Overlay District.
         4. iv.
            CO and CT Districts. Day care centers are limited to facilities serving employees of office development in the district located in a building with another principal use with no entrance leading directly to the outside, without a freestanding sign, and occupying less than 5,000 square feet in gross floor area or five percent of the principal office structure, whichever is less, unless approved with a CUP.
   2. 2.
      Family Home.

      1. a.
         Definition. A residential dwelling used primarily as a residence, which also provides care for a maximum of six persons on a less-than-24-hour basis, offering non-medical care for children or adults. This use must also comply with all local and state licensing requirements.
      2. b.
         Standards.

         1. i.
            Indoor and Outdoor Space. Family homes shall include the minimum square footage of outdoor play space on the site (including trees or structures that provide adequate shade over the play space) and indoor space per State of Nevada requirements as listed in NAC 432A.250 (Building and Grounds).
   3. 3.
      Group Child Care.

      1. a.
         Definition. A residential dwelling used primarily as a residence or an accommodation facility that provides care for at least seven children but no more than 12 children on a less-than-24-hour basis. This may include nursery schools, preschools, and day care centers offering non-medical care. This use must also comply with all local and state licensing requirements.
      2. b.
         Standards.

         1. i.
            Indoor and Outdoor Space. Group childcare shall include the minimum square footage of outdoor play space on the site (including trees or structures that provide adequate shade over the play space) and indoor space per State of Nevada requirements as listed in NAC 432A.250 (Building and Grounds).
         2. ii.
            Separation. Group childcare uses located within residential districts shall be located a minimum of 1,000 linear feet from any Day Care Center or other Group Child Care use also located within a residential district, unless modified through CUP approval.
         3. iii.
            Location. Group childcare uses shall:

            1. (a)
               Be located on lots that front a street right-of-way that allows on-street parking on both sides of the street if in a residential zoning district; and
            2. (b)
               Be located on a lot of at least 10,000 square feet in size, unless modified through CUP approval.
         4. iv.
            CN, CO, and CC Districts. Group childcare is limited to facilities operating as an accommodation facility with the primary purpose of serving employees of the onsite business, located in a building with another principal use with no entrance leading directly to the outside and without a freestanding sign.
         5. v.
            Modification of minimum separation and lot size requirements. Minimum separation and lot size requirements may be modified through CUP approval when the approving body makes all of the following findings:

            1. (a)
               There is clear and convincing evidence that a waiver or reduction of the separation requirement will not compromise the purpose and the general intent of this Code and the HMC to protect the public health, safety, and general welfare of the citizens of the City. 
7. G.
   Detention Facility.

   1. 1.
      Definition. Facilities providing housing, care, and supervision for persons confined by law.
   2. 2.
      Standard. The site may not be located in the RN Overlay District.
8. H.
   Employment & Training Center, Non-Profit

   1. 1.
      Definition. Facility operated by a nonprofit organization (e.g. Goodwill Industries, Salvation Army, and Opportunity Village) intended to provide employment and training. Such facilities may include, but are not limited to, activities such as light assembly of products, training, administrative offices, repair and sale of secondhand clothing, and furniture and appliances, and may also include certain facilities for persons with disabilities. This use type does not include homeless shelters or other forms of transient or permanent residential accommodation.
   2. 2.
      Standard. The site may not be located in the RN Overlay District.
9. I.
   Government Office.

   1. 1.
      Definition. Administrative, clerical, or public contact offices of a government agency, including postal facilities, with incidental storage and maintenance of vehicles.
10. J.
    Heliport.

    1. 1.
       Definition. Pads and facilities enabling takeoffs and landings by helicopters and air ambulances.
    2. 2.
       Standards.

       1. a.
          Heliports must be separated a minimum of 1,000 feet from residential districts. A greater separation may be required to ensure the heliport does not adversely impact nearby residential properties.
       2. b.
          The site may not be located in the RN Overlay District.
11. K.
    Hospital.

    1. 1.
       Definition. Facilities providing medical, surgical, psychiatric, or emergency medical services to the sick or injured, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. This use type includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. A hospital may incorporate a restaurant, florist, pharmacy, and gift shop as accessory uses within the principal structure.
    2. 2.
       Standards.

       1. a.
          In the CN and CT Districts, hospitals are limited to 7,500 square feet of floor area or less and shall demonstrate that emergency response vehicles or other visitor activities will not interfere with existing or anticipated adjacent uses.
       2. b.
          The site may not be located in the RN Overlay District.
12. L.
    Institutional Housing.

    1. 1.
       Group Living – General.

       1. a.
          Definition. Shared living quarters for seven or more individuals without separate kitchen or bathroom facilities for each room or unit. This use type includes boardinghouses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential or apartment hotels or motels.
       2. b.
          Standards. Group living facilities shall comply with the general standards for all residential uses in HMC Subsection 19.9.4.A and the following standards.

          1. i.
             PS District. In the PS District, personal services use types may be provided as an accessory use where the personal service use is limited to residents of the facility, is not open to the general public, and no exterior signage is visible to the public. 
          2. ii.
             Location. The site may not be located in the RN Overlay District.
    2. 2.
       Supportive Housing.

       1. a.
          Definition. A residential facility with self-contained dwelling units or private or shared sleeping rooms that provide a combination of housing and supportive services for the elderly or functionally impaired. Permitted services include, but are not limited to, meals, housekeeping, personal care, medication supervision, and social and recreational activities. Facilities may provide direct medical, nursing, and other health services by registered nurses, licensed practical nurses, and nurses’ aides prescribed by a resident’s physician, but surgical and emergency medical services are not permitted.
       2. b.
          Standards. Supportive housing facilities shall comply with the general standards for all residential uses in HMC Subsection 19.9.4.A and the following standards.

          1. i.
             PS District. In the PS District, personal services use types may be provided as an accessory use where the personal service use is limited to residents of the housing facility, is not open to the general public, and no exterior signage is visible to the public.
          2. ii.
             Location. The site may not be located in the RN Overlay District.
          3. iii.
             Age Restricted Facilities.

             1. (a)
                The ages of all occupants shall be restricted to 62 years of age or older for all units, or in the alternative, at least 80 percent of the occupants must be 62 years of age or older and no resident may be less than 55 years of age.
             2. (b)
                Housing structures exceeding two or more stories in height shall provide elevators or ramps between all levels with a maximum grade of one foot in height for every 12 feet of horizontal distance. Stairs shall not be the sole route between any two levels.
13. M.
    Park and Recreation Facility.

    1. 1.
       Definition. Parks, playgrounds, recreation facilities, and open spaces, which may include indoor and outdoor temporary events. 
    2. 2.
       Standards.

       1. a.
          Residential Districts. Private or non-public park and recreation facilities shall not include commercial functions.
       2. b.
          PS District. Park and recreation facilities shall be subject to review by the Parks and Recreation Board.
       3. c.
          Discontinuation. If a park, recreational facility or open space discontinues daily operation or maintenance an Operation and Maintenance Closure Plan shall be required pursuant to HMC Section 19.10.13.K.
       4. d.
          Temporary events must be conducted in accordance with the standards outlined in Section 19.9.9.C.
       5. e.
          A general assessment of the types of events anticipated, and their frequency and operational characteristics, should be included in the initial application or the at the time the temporary events are added. 
       6. f.
          Outdoor temporary events at non-City-owned recreation facilities, such as those owned and/or operated by homeowners' associations or master planned communities require Temporary Use Permits or a Conditional Use Permit per Section 19.9.9.B.
14. N.
    Public Safety Facility.

    1. 1.
       Definition. Facilities for public safety and emergency services, including police and fire protection, not including detention facilities.
    2. 2.
       Standards.

       1. a.
          Substations may be allowed as accessory to other primary uses (e.g., station within a recreation center or mall), subject to design review requirements. Stand-alone sub-stations require approval of a CUP.
       2. b.
          The site may not be located in the RN Overlay District.
15. O.
    Religious Assembly.

    1. 1.
       Definition. Facilities for religious worship and incidental religious functions and education, but not including schools as defined by this Code.
    2. 2.
       Standards.

       1. a.
          A religious assembly use is allowed by right in the CN, CO, CC, CH, CT, CA, PS, and DP zoning districts. A design review application is required for religious assemblies in these districts to ensure compliance with Title 19 standards.
       2. b.
          Day Cares and Schools. Day cares and/or schools may be allowed as part of a religious assembly use though CUP approval when the approving body finds that the use will be compatible with adjacent areas in terms of hours of operation, noise, lighting, parking, and similar considerations, and not cause significant traffic impacts.
       3. c.
          Classes. Only classes operating in conjunction with the religious assembly use may be permitted as an accessory use.
       4. d.
          Rural Neighborhood (RN) Overlay District. A religious assembly use located in the RN Overlay District has additional compatibility requirements to reduce negative impacts on the rural characteristics of the neighborhood.

          1. i.
             Shall directly access one of the following streets: Serene Avenue, Athens Avenue, Magic Way, Burkholder Boulevard, Pueblo Boulevard, Warm Springs Road between Racetrack Road and Pueblo Boulevard, Racetrack Road between Warm Springs Road and Burkholder Boulevard, College Drive, Greenway Road, Mission Drive, Equestrian Drive, Wagonwheel Drive, Foothills Drive, or Appaloosa Road.
          2. ii.
             Should demonstrate compatibility with the adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, parking, lighting, noise, odor, dust, and other external impacts).
          3. iii.
             The number of events/services and number of attendees per event/service should not create negative impacts on the neighborhood. 
16. P.
    School.

    1. 1.
       Definition. Educational institutions having a curriculum comparable to that required in the public schools or offered in institutions of higher learning in the State of Nevada. Private schools are further defined by NRS Section 394.103 and public schools are further defined by NRS Section 385.007.
    2. 2.
       Standards. Schools shall be located, developed, and operated in compliance with the following standards unless specifically modified through CUP approval.

       1. a.
          Traffic Impact Study. The site must comply with the traffic impact study recommendations. A traffic impact study is required for:

          1. i.
             All new construction, additions, and retrofits;
          2. ii.
             Addition of portable structures to an existing school site;
          3. iii.
             Any increase to the student count at the school beyond the count provided for the most recently approved traffic impact study; or
          4. iv.
             If a traffic impact study has never been completed.
       2. b.
          Outdoor Recreation Area. The school must provide a programmable outdoor recreation area per HMC Section 19.10.10, Open Space. Athletic fields, vegetated roof-top play areas, school gardens, and spaces featuring vertical gardens can be considered. If space is not available on-site, a programmed outdoor recreation area shall be located adjacent to or within safe access to a park or other community center or facility which students may access per an existing shared use agreement.
       3. c.
          Circulation. For non-residential zones, the school site must be designed so that auto, bus, pedestrian, and bicycle access, circulation, and parking do not negatively impact or are not negatively impacted by traffic serving other uses on-site.
       4. d.
          Access. The site must not be directly accessed by a major or minor arterial.
       5. e.
          Airport Environs (AE) Overlay District. For schools located within an AE overlay district, refer to Table 19.8.2-1, Land Use Compatibility in the AE Overlay District.
       6. f.
          Rural Neighborhood (RN) Overlay District. A religious assembly use located in the RN Overlay District has additional compatibility requirements to reduce negative impacts on the rural characteristics of the neighborhood.

          1. i.
             Shall directly access one of the following streets: Serene Avenue, Athens Avenue, Magic Way, Burkholder Boulevard, Pueblo Boulevard, Warm Springs Road between Racetrack Road and Pueblo Boulevard, Racetrack Road between Warm Springs Road and Burkholder Boulevard, College Drive, Greenway Road, Mission Drive, Equestrian Drive, Wagonwheel Drive, Foothills Drive, or Appaloosa Road.
          2. ii.
             Should demonstrate compatibility with the adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, parking, lighting, noise, odor, dust, and other external impacts).
          3. iii.
             The number of events/services and number of attendees per event/service should not create negative impacts on the neighborhood.
    3. 3.
       Design Standards. The Henderson Strong Comprehensive Plan calls for siting and designing schools in a manner that positively influences students’ learning environment. The Plan prioritizes locations and designs that allow a maximum number of students to walk or bike to school; safe and efficient multimodal access, parking, and circulation; separation from noise and environmental pollution; integration with neighborhood parks and community services; and sufficient space for outdoor recreation. The following criteria are intended to address those goals, and failure to meet any one requirement shall result in a CUP being required in any district for which the school is otherwise permitted pursuant to Table 19.9.1-1, Land Use Regulations.

       1. a.
          Building design shall comply with standards established in Section 19.10.2.C, Nonresidential Design Standards, except as otherwise provided in this Subsection.
       2. b.
          The maximum total length of any façade shall be 200 feet. Multistory structures are recommended. Size and scale should be appropriate for the surrounding neighborhood, including a student capacity that would not be expected to generate automobile traffic impacts beyond what could be effectively mitigated per the approved Traffic Impact Study.
       3. c.
          At least 150 square feet of programmable outdoor recreation area for each student shall be located on school site or on an adjacent park which students may access pursuant to an existing shared use agreement. Vegetated rooftop play areas, school gardens, and spaces featuring vertical gardens can be considered.
       4. d.
          Landscaping, landscaping with a berm, a low screen wall with landscaping, vertical gardens, hedges, or other similar feature(s) approved by the Director shall serve to buffer the school site from adjacent roadways.
       5. e.
          A landscaped buffer of at least 10 feet shall serve to buffer the school site from commercial use(s).
       6. f.
          The site must have pedestrian access on at least three sides, or at least two if one is not feasible due to existing structures, vehicular access on at least two sides, and separate drop-off areas for buses, vehicles, and active modes of transportation such that vehicle traffic does not interfere with foot or bike traffic.
       7. g.
          Dedicated lanes for school-side private vehicle drop-off and pick-up shall be on site.
       8. h.
          On-site pickup and drop-off facilities, timing, queuing, and related programming may be subject to conditions to ensure compatibility with surrounding uses, efficient vehicular travel surrounding the site, and pedestrian safety and circulation.
       9. i.
          Required parking stalls may not interfere with queuing for pick-up/drop-off and vice-versa. A school site with a parking area of four or less parking stalls in depth between the building and the right-of-way, whether the parking is oriented parallel or perpendicular to the main entrance of the building, must provide at least one continuous pedestrian walkway from the right-of-way to the building entrance walkway or sidewalk adjacent to the building. This walkway shall be separated from all vehicular movement except where drive aisle crossings are necessary.
       10. j.
           Design of this landscaped pedestrian walkway shall be 11 feet in width and must include a 5-foot sidewalk and an adjacent 6-foot-wide landscape strip. The landscape strip must include a minimum of one large shade tree installed at 24-inch box size every 20 linear feet. Pavement markings and other traffic control measures shall be placed throughout the school site and parking lots to guide pedestrians and bicyclists and minimize vehicular conflicts.
       11. k.
           The pedestrian circulation routes must be shown on the site plan submitted for a Design Review. On-site pedestrian paths and bicycle lanes shall provide direct access to off-site pedestrian and bicycle connections and shall have amenities to improve the bicycle, pedestrian, and bus arrival experience. Amenities could include student art and murals, bike storage, shade, benches, lighting, and drinking fountains along pathways and waiting areas to create comfort and a sense of place.
       12. l.
           Locations for future portable classroom structures must be shown on the original site design plan.
17. Q.
    Telecommunication Facilities.

    1. 1.
       This Section provides a process to authorize the installation or modification of wireless facilities on public and private property within the City of Henderson and associated design and location standards.
    2. 2.
       Definitions.

       1. a.
          Antenna. As defined in 47 C.F.R. Section 1.6002(c) and (d), or any successor provisions as may be amended, which defines a “antenna facility” as an antenna and associated antenna equipment, which may include switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
       2. b.
          Base station. As defined in 47 C.F.R. Section 1.6100(b)(1), or any successor provision, as any structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.
       3. c.
          Collocation. The mounting or installation of transmission equipment on a legally existing base station or tower as defined:

          1. i.
             For the purposes of any eligible facilities request, the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(2), as may be amended, which defines that term as ‘the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.’ As an illustration and not a limitation, the FCC's definition means to add transmission equipment to an existing facility and does not necessarily refer to two or more different facility operators in the same location; and
          2. ii.
             For all other purposes, the same as defined in 47 C.F.R. Section 1.6002(g)(1) and (2), as may be amended, which defines the term collocation as (1) mounting or installing an antenna facility on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
       4. d.
          Eligible Facilities Request (EFR). As defined in 47 C.F.R. Section 1.6100(b)(3), or any successor provision, as a request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.
       5. e.
          Personal wireless services. As defined in 47 U.S.C. Section 332(c)(7)(C)(i), commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
       6. f.
          Personal wireless services facility. A wireless facility that is used for the provision of personal wireless services.
       7. g.
          Reviewing Authority. The Director, or the Planning Commission, as applicable, or their designee.
       8. h.
          Small cell facility. As defined in 47 C.F.R. 1.6002(l), or any successor provision for “small wireless facility,” as a personal wireless services facility that meets the following conditions:

          1. i.
             The wireless facility:

             1. (a)
                Is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
             2. (b)
                Is mounted on a structure no more than 10 percent taller than other adjacent structures, or
             3. (c)
                Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
          2. ii.
             Each antenna associated with the deployment, excluding associated antenna equipment (as defined under “antenna” in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;
          3. iii.
             All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
          4. iv.
             The wireless facility does not require antenna structure registration under 47 C.F.R. Part 17;
          5. v.
             The wireless facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
          6. vi.
             The wireless facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
       9. i.
          Support structure. As defined in 47 C.F.R. 1.6002(m), or any successor provision, as a pole, tower, base station, or other building whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless services (whether on its own or comingled with other types of services).
       10. j.
           Stealth Wireless Communications Facility (or Stealth Facility). A facility that is designed to completely conceal all antennas or to look like something other than a wireless facility. Examples include certain types of trees such as a eucalyptus tree or palm tree, bell tower or other type of tower that does not look like a wireless facility tower.
       11. k.
           Temporary Facility. A wireless facility intended or used to provide wireless services on a temporary or emergency basis, such as a large scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency requiring additional service capabilities. Temporary facilities include without limitation, cells on wheels (COW), sites on wheels (SOW), cells on light trucks (COLTs), or other similar wireless facilities:

           1. i.
              That will be in place for no more than 30 days, unless a Conditional Use Permit is approved (or such other longer time as the City may allow in light of the event or emergency);
           2. ii.
              For which required notice is provided to the FAA;
           3. iii.
              That do not require marking or lighting under FAA regulations;
           4. iv.
              That will be less than 50 feet in height; and
           5. v.
              That will either involve no excavation or involve excavation only as required to safely anchor the wireless facility, where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet.

              Temporary facilities in place 30 days or less may require a temporary use permit in compliance with Section 19.9.9.

       12. l.
           Tower (or Wireless Communication Tower). A structure that is built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
       13. m.
           Wireless Communications Facilities (or Wireless Facility). All transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
    3. 3.
       Scope. This HMC Title 19 applies to all wireless facilities, including temporary facilities, other than those listed as exempt in HMC Section 19.9.5.R.4 below or those subject to HMC Title 17. As such, unless exempted, every person who desires to place a wireless facility on public or private property in the City of Henderson or modify an existing wireless facility on public or private property must obtain an administrative approval or Conditional Use Permit (CUP), as applicable, authorizing the placement or modification in accordance with this Title. Projects qualifying as small cell facilities, eligible facilities requests, non-small cell collocations, or stealth facilities in non-residential districts are subject to administrative review and approval. See Table 19.18.2-1, Review Procedures and Decision-Making Responsibilities for administrative DRA and approval.
    4. 4.
       Exemptions.

       1. a.
          Licensed amateur (ham) radio and citizen band operations.
       2. b.
          Hand-held, mobile, marine, and portable radio transmitters and/or receivers.
       3. c.
          Emergency services radio.
       4. d.
          Radio and television mobile broadcast facilities.
       5. e.
          Antennas and equipment cabinets or rooms completely located inside of permitted buildings whose primary use is not a telecommunications or wireless facility.
       6. f.
          A single ground- or building-mounted antenna not exceeding the maximum height permitted by this Ordinance, including any mast, subject to the following restrictions:

          1. i.
             Satellite Dish 39.37 inches (one meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.
          2. ii.
             Non-Satellite Dish 39.37 inches (one meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot.
          3. iii.
             Antennas. An antenna that is mounted on any existing building or other structure that is less than 25 feet in height. The antenna shall be for the sole use of a person occupying the same parcel on which the antenna is located to receive television broadcast signals. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the Nevada Public Utilities Commission. The owner or operator of such facility shall provide the Director with a copy of a current FCC or Nevada Public Utilities Commission permit or a copy of applicable FCC regulations prior to its installation.
       7. g.
          “Like kind” equipment replacements.

          1. i.
             The existing equipment that is being replaced must have been approved by the City, and the equipment must be in compliance with all permit conditions.
          2. ii.
             Qualifying “like kind” equipment replacements must be substantially similar in appearance and dimensions (unless the replacement equipment will be placed entirely within an existing cabinet, vault, or shroud) and the same or less in weight and radiofrequency (RF) emissions to the then-existing and approved equipment.
          3. iii.
             This exemption does not apply to generators.
       8. h.
          The following temporary facilities that will be placed for less than seven consecutive days, provided any necessary building permit or other approval is obtained and the landowner’s written consent is provided to the City:

          1. i.
             Facilities installed and operated for large-scale events; and
          2. ii.
             Facilities needed for coverage during the temporary relocation of an existing and already-approved facility.
    5. 5.
       Pre-Existing Facilities. Any wireless facility already permitted and existing on public and private property as of the date of this Title’s adoption shall remain subject to the standards and conditions of the HMC in effect prior to the coming into force of this Title.
    6. 6.
       Administration.

       1. a.
          As part of the administration of this Title, the Director may:

          1. i.
             Interpret the provisions of this Title;
          2. ii.
             Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Title, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;
          3. iii.
             Develop and implement acceptable designs and development standards for wireless facilities on public and private land in the City;
          4. iv.
             Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Title;
          5. v.
             Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this Title or Title 18;
          6. vi.
             Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;
          7. vii.
             Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit or other approval should be issued;
          8. viii.
             Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;
          9. ix.
             Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application not required to obtain CUP approval; and
          10. x.
              Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
    7. 7.
       Appeals.

       1. a.
          A decision on a wireless facility application may be appealed as provided in HMC Section 19.19.6.
       2. b.
          Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. The Director shall have the discretion to expedite appeals of any administrative decisions directly to the Council when necessary to comply with time periods required by law.
    8. 8.
       Applications.

       1. a.
          Content of application. An applicant proposing any facility other than one designated as an EFR shall submit a formal application on the form approved by the Director, which may be updated from time-to-time, but in any event shall require the submission of all required fee(s), documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable federal and state law, the City Code, and will not endanger the public health, safety, or welfare. If no form has been approved, applications must contain all information necessary to show that the applicant is entitled to the permit or approval requested, including, but not limited to the information listed below. The application must also specify whether the applicant believes state or federal law requires action on the application within a specified time period and provide a citation to the specific state or federal law upon which the applicant is relying.

          1. i.
             A description of the proposed facility(ies), including whether the project is a new facility, a collocated facility, or a modification to an existing facility;
          2. ii.
             The identity (name, address, email, and phone number) of the following: applicant, owner of wireless facility (if different), property owner (if different), owner of support structure (if different), and contact (representative);
          3. iii.
             Site plans;
          4. iv.
             Current color photographs of the site and its surroundings;
          5. v.
             Engineering Documentation. A Nevada licensed professional RF (Radio Frequency) engineer shall provide engineering documentation for any information of an engineering nature that the applicant submits as part of the application for a wireless communication facility, whether civil, mechanical, or electrical;
          6. vi.
             GPS Coordinates. Applicants shall provide global positioning system (GPS) coordinates for the proposed wireless communication facility;
          7. vii.
             Inventory of Existing Sites. Each application for a wireless communication facility shall include an inventory of existing and approved wireless communication facilities that are within one mile of the proposed location, including specific information about the service area, location, height, and design of each facility. The Director may share such information with other applicants or other organizations seeking to locate a wireless communication facility within the City provided, however, that the Director is not by sharing such information in any way representing or warranting that such sites are available or suitable; and
          8. viii.
             All required application fees.
          9. ix.
             And other pertinent information as requested by staff.
    9. 9.
       Findings; Exceptions; Decisions; Consultants.

       1. a.
          Findings Required for Approval.

          1. i.
             Except for eligible facilities requests, the decision or appeals body, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

             1. (a)
                General Findings.

                1. (1)
                   The proposed use conforms with the purposes of this Title and any standards applicable to the proposed facility;
                2. (2)
                   The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower or to accomplish co-location;
                3. (3)
                   The proposed site results in fewer or less severe impacts than any feasible alternative site.
             2. (b)
                Additional Findings for Facilities Not on Existing Wireless Towers or Base Stations. To approve a wireless communication facility that is not proposed to be placed on an existing wireless tower or base station, the decision-making authority shall find that placement on an existing wireless tower or base station is not available because based on technical or legal considerations, it:

                1. (1)
                   Is not permitted by the property-owner;
                2. (2)
                   Would cause interference with the existing facility; or
                3. (3)
                   Would require existing facilities at the same location to go off-line for a significant period of time.
             3. (c)
                Additional Findings for a New Wireless Communication Tower. The decision body may not approve the installation of a new wireless communication tower or support structure unless the applicant demonstrates to the reasonable satisfaction of the decision body or staff that no existing tower or structure can accommodate the applicant's proposed wireless facility. An applicant shall submit information requested by the decision body or staff related to the availability of suitable existing towers or other structures, which may consist of the following:

                1. (1)
                   No existing towers or structures are located within the geographic area, which meet the applicant's engineering requirements.
                2. (2)
                   Existing towers or structures do not have sufficient height to meet applicant's engineering requirements.
                3. (3)
                   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
                4. (4)
                   The applicant's proposed antenna would cause or be affected by electromagnetic interference with antenna on the existing towers or structures.
                5. (5)
                   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
                6. (6)
                   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
                7. (7)
                   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable
             4. (d)
                Additional Findings for a Waiver. The decision body may modify requirements of this Title under the circumstances listed below. An applicant may only request a modification when submitting the application.

                1. (1)
                   If the proposed structure would result in a less intrusive installation than established in this Title; and/or
                2. (2)
                   Upon finding that strict compliance would be infeasible and/or result in noncompliance with applicable federal or State Law.
          2. ii.
             For eligible facilities requests, the decision body or appeals body, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:

             1. (a)
                That the application qualifies as an eligible facilities request; and
             2. (b)
                That the proposed facility will comply with all generally applicable laws.
          3. iii.
             Findings for Temporary Facilities. In addition to the required findings in HMC Section 19.9.5.Q.9, to approve an application for a temporary facility not exempt under HMC Section 19.9.5.Q.4, the decision body must also find the following:

             1. (a)
                The facility qualifies as a temporary facility;
             2. (b)
                There is an adequate need for the facility (e.g., wireless facility relocation or large-scale event);
             3. (c)
                The facility is not detrimental to the public health, safety, and welfare;
             4. (d)
                The facility complies with all applicable design and location standards; and
             5. (e)
                The facility meets all applicable requirements of state and federal law.
       2. b.
          Decisions. Decisions on an application by the decision or appeals body shall be in writing and include the reasons for the decision. If an application is denied, either by the Director, the Planning Commission or the City Council, a written explanation shall be provided to the applicant as well as the governing body, including the following:

          1. i.
             A list of each procedure and standard that the applicant failed to meet.
          2. ii.
             Each specific ground upon which the denial was based.
          3. iii.
             A list of the documents relied upon for the decision.

          This written explanation shall be included in or provided contemporaneously with the notice of denial provided to the applicant.

       3. c.
          Independent Consultants. The reviewing authority or appeals body, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Title. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.
    10. 10.
        Conditions of Approval.

        1. a.
           All wireless facilities shall be subject to and shall comply with standard conditions of approval set forth by the City in a separate document made available to the public on the City’s website. These standard conditions are in addition to any other project-specific conditions imposed by the decision body.
        2. b.
           Removal of Abandoned Wireless Communication Facilities. Any wireless communication facility or unused fixtures/array arms that are not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such facility shall remove the same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned facility within said 90 days shall be grounds for City to have the facility removed at the owner's expense.
    11. 11.
        Design and Location Standards. Wireless communication facilities shall be located, developed, and operated in compliance with the following design standards and with applicable standards of the zoning district in which they are located. See Table 19.9.1-2 for location restrictions.

        1. a.
           Stealth Facilities. Whenever feasible, wireless communication facilities shall be stealth and architecturally integrated into the surrounding environment so that their purpose as a communications facility, tower, and/or base station is not readily apparent.

           1. i.
              At a wireless communications facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings, as well as any existing support structures, so as to reduce visual impacts to the maximum extent feasible.
           2. ii.
              Facilities shall be utilized as appropriate to the site and type of facility. Where no stealth facility is proposed for the site, a detailed analysis as to why a stealth facility is physically and technically not feasible for the project shall be submitted with the application.
        2. b.
           Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
        3. c.
           Parking. In no event shall the installation of facilities replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required for the existing approved site.
        4. d.
           Noise. A wireless facility, including ancillary power generation equipment, shall comply with the noise standards in the City Code and shall include noise attenuating or baffling materials and/or other measures, including but not limited to walls or landscape features, as necessary or appropriate to ensure compliance with noise limits.
        5. e.
           Security. Each wireless facility and wireless communications collocation facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The decision body may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of its location or accessibility, a facility has the potential to become an attractive nuisance.
        6. f.
           Modification. At the time of modification of a wireless facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
        7. g.
           Building and Equipment Cabinets. For Building-mounted facilities, equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. An eight-foot-high solid decorative masonry wall with a solid-metal gate shall surround all equipment not located within an existing building. The decorative wall and gate shall be designed to match and/or complement existing development on the site. Walls shall be high enough to screen ice bridge equipment. If located on vacant land, the applicant must build the enclosure out of decorative materials. All walls shall consist of decorative materials including such as split-faced block, slump-stone, or stucco. Chain-link fencing is prohibited.
        8. h.
           Landscaping. Landscaping shall be provided for and maintained by the wireless communication facility owner, to screen any ground structures or equipment visible from a public right-of-way. Landscaping shall meet current buffer requirements as required HMC Chapter 19.11; and/or as determined at the time of application review.
        9. i.
           Lighting. Artificial lighting of a wireless communication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding uses and must comply with HMC Section 19.10.8, Lighting and Glare Standards.
        10. j.
            Signs. No signs shall be allowed on a wireless communication facility unless required by the FAA, FCC, or other applicable authority.
        11. k.
            HENNET. Wireless communications facilities shall not have any adverse impact or be constructed within the line of sight of any existing or future proposed HENNET facilities operated by the City’s Department of Utility Services.
        12. l.
            Airport Environs Overlay. All wireless communications facilities, including antennas, shall meet the height restrictions set forth in HMC Section 19.8.2, Airport Environs Overlay, as well as any FAA or other applicable authority requirements.
        13. m.
            Measurement of Spacing and Separation Requirements. Wireless facility setbacks and separation distances shall be calculated and applied to all facilities irrespective of municipal and county jurisdictional boundaries.
        14. n.
            Height. Wireless communications facilities shall not exceed 10 feet above the base zoning district maximum height unless a greater height is allowed through CUP or modification approval, another portion of these design standards, or the exceptions provision of this HMC Title 19.
        15. o.
            Lot Size. For the purpose of determining whether the installation of a wireless communications facility complies with district-specific standards, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the wireless communications facility may be located on leased parcels within such lot.
        16. p.
            Buildings and Support Equipment. Buildings and support equipment associated with wireless communication facilities shall comply with the requirements in this Title.
        17. q.
            Location Standards.

            1. i.
               Setbacks shall be based on the applicable zoning district.
            2. ii.
               For wireless communication towers:

               1. (a)
                  Separation shall be measured from the base of the wireless communication tower to the lot line of the adjoining land use.
               2. (b)
                  Shall be separated from all adjoining residential land uses at a ratio of two to one (height to separation). For nonresidential land uses, shall be separated from non-residential land use at a ratio of one to one (height separation).
               3. (c)
                  The facility shall not be located on a lot occupied by a single-family dwelling.
               4. (d)
                  There is no required separation between tower structures, as long as tower structures are compatible in their stealth designs.
               5. (e)
                  The facility shall not be located on a vacant lot.
               6. (f)
                  The facility shall only be allowed on a common lot as an accessory use.
               7. (g)
                  The wireless communication facilities shall not reduce the required amount of common open space for a development except when radio equipment does not require construction of an enclosure (i.e. when stored in an underground vault), in a building, or other acceptable alternative that conceals radio equipment.
               8. (h)
                  The Director may reduce the standard separation requirements if the goals of this Code would be better served.
               9. (i)
                  Non-stealth towers may not be located in the RN Overlay District.
        18. r.
            Facilities Mounted to Wireless Communications Towers.

            1. i.
               When determined to be feasible and consistent with the purposes and requirements of this Title, the Director shall require the applicant to make unused space available for future co-location of other wireless communication facilities, including space for different operators providing similar, competing services.
        19. s.
            Building-Mounted Facilities. Building-mounted wireless facilities should be one of the following, in this order of preference; provided that in historic districts, a historic structure may not be modified as provided in subsection (b):

            1. i.
               The wireless facilities must be stealth. For example, they may be completely concealed and architecturally integrated into the façade or rooftop-mounted base stations with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials); and if that is not possible then
            2. ii.
               Wireless facilities may be completely concealed on new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks), so that the support structure remains consistent in size and design with the areas within which it is located.
        20. t.
            Façade-Mounted Equipment. Façade-mounted equipment should be integrated architecturally into the structure to which the equipment will be attached. Where integration is not possible, a façade-mounted wireless facility should be behind screen walls as flush to the façade as practicable, designed to conceal the wireless facility so that it is stealth and appears to be part of the façade design. Pop-out screen boxes do not meet this standard, unless such design is architecturally consistent with the original support structure.
        21. u.
            Wireless communication facilities located on the site of an electrical substation.

            1. i.
               A network using multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
            2. ii.
               Reconstruction of an existing "full-array" tower to slim-line stealth monopole or alternative tower structure construction.
        22. v.
            Flagpoles. A stealth facility designed as a flagpole shall display an appropriately sized flag. If an American flag is displayed, then it shall comply with the Federal Flag Code (Public Law 94:344). A plaque measuring no more than 12 inches by 12 inches and displaying the facility reference number and a contact telephone number for maintenance of the flag shall be attached to the structure in a means clearly visible to the public.
        23. w.
            Wireless communications facilities on City property.

            1. i.
               On City property, the freestanding facility shall be designed as a stealth and co-locatable structure (except for antennas located on sports-field lights) not to exceed 80 feet measured from the base of the tower to the top of the antennas. Additional design elements may be included above the 80-foot antenna height limit as determined by the Director. The facility may also consist of antennas attached to existing or replaced sports-field lights or net posts but shall not increase the height of the line or post structure taller than what is permitted by code, unless approved with a CUP. Building-Mounted Facilities must comply with Section 19.9.5.Q.11.s.

               1. (a)
                  On Parks and Recreation sites, the Parks and Recreation Director shall review the proposed facility and provide written comments to the Director.
               2. (b)
                  On non-Parks and Recreation sites, the Public Works Director shall review the proposed facility and provide written comments to the Director. 
            2. ii.
               The facility shall be located on the property in an area as agreed upon by the City.
            3. iii.
               The facility shall meet the separation requirements of this Title.
            4. iv.
               All associated support equipment not located within an existing building or equipment structure shall be located within an underground vault or within an enclosed structure with decorative block walls a minimum eight-foot-tall designed to be architecturally compatible with existing buildings on site or the nearest adjacent buildings, as determined by staff. The equipment structure shall be designed to accommodate equipment for future locations as well as additional equipment as needed.
        24. x.
            Light Pole-Mounted Facilities. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.
    12. 12.
        Nonconforming Uses.

        1. a.
           No Expansion of Nonconforming Use. Telecommunication facilities that are installed in compliance with the provisions of this Code shall not be deemed to constitute the expansion of a nonconforming use or structure.
        2. b.
           Rebuilding Damaged or Destroyed Nonconforming Telecommunication Facilities. Bona fide nonconforming telecommunication facilities that are damaged or destroyed may be rebuilt without having to first obtain design review or a CUP and without having to meet the separation requirements specified in this Section. The type, height, and location of the telecommunication tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
18. R.
    Utility, Minor.

    1. 1.
       Definition. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, switch boxes, transformer boxes, cap banks, underground water and sewer lines, and utility communication devices.
19. S.
    Utility, Major.

    1. 1.
       Definition. Generating plants, renewable energy generating plants, electrical substations, aboveground electrical transmission lines, switching buildings, refuse collection, recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, waste transfer facilities, transportation or communications utilities (including wireless), and similar facilities of public agencies or utility providers.
20. T.
    Vocational School.

    1. 1.
       Definition. A secondary or higher education facility primarily teaching usable skills that prepares students for jobs in a trade or in industry, construction, business, or commerce, and meeting all applicable state requirements for a facility of its type.
    2. 2.
       Standards.

       1. a.
          CN and CO Districts. Classroom instruction only. Intensive laboratory or workshop training (e.g., carpentry, auto repair, machine repair) is prohibited.
       2. b.
          CC and CT Districts. Vocational schools consisting of intensive laboratory or workshop training (e.g., carpentry, auto repair, machine repair, etc.) require approval of a CUP.
       3. c.
          CA District. Only automobile driving schools, motorcycle driving schools, and auto-related trade schools are permitted. Auto body classes shall require approval of a CUP unless operated on the premises of an existing auto body shop.
       4. d.
          The site may not be located in the RN Overlay District.
21. U.
    Youth Drop-In Center.

    1. 1.
       Definition. An establishment in a dwelling of residential character or a commercial facility that provides services only during the day, furnishes food, temporary respite, financial assistance, assistance in obtaining permanent residence, counseling, limited medical care for unaccompanied minors. The facility must be operated by a nonprofit organization, as defined by NRS 82 of the Nevada Revised Statues. This use must comply with all local and state licensing requirements. This definition does not include a day care facility or a facility that provides immediate and short-term emergency medical care.
    2. 2.
       Standards.

       1. a.
          The facility must be located on a parcel with a minimum size of 6,000 square feet unless modified through CUP approval.
       2. b.
          Only the underlying property owner or qualified supervisor shall be permitted to live at the facility if located within a residence.
       3. c.
          A qualified supervisor shall be present at all times. A qualified supervisor shall be a minimum of 18-years old and meet the requirements of NRS 244.421 et seq.
       4. d.
          The maximum age of a person who utilizes services at the facility shall not be older than 18 years of age.
       5. e.
          Youth drop-In center hours of operation shall be limited from 8:00 a.m. to 6:00 p.m. Those requiring assistance are allowed to utilize the facility for no more than two hours at any given time. The hours of operation can be modified through CUP approval when the approving body finds that there is clear and convincing evidence that potential impacts on other uses and/or surrounding properties will be mitigated.
       6. f.
          Such uses shall provide an outdoor open space within an enclosed area. Users of the facility shall not congregate outside without qualified supervision.
       7. g.
          Youth drop-in centers shall be located a minimum of one mile from any other youth drop-in center, or any parcel where a day-care center is established or approved. The distance requirements may be waived or reduced through CUP approval when the approving body finds that there is clear and convincing evidence that a waiver or reduction the separation requirement will not compromise the purpose and the general intent of this Code and the HMC to protect the public health, safety, and general welfare of the citizens of the City.
       8. h.
          Loitering in the surrounding neighborhood is prohibited.
       9. i.
          The site may not be located in the RN Overlay District.