This Chapter summarizes the land use and development procedures in this Code and describes the responsibilities of the review authorities that review and decide upon development applications.

Effective on: 1/1/1901

Table 19.18.2-1, Review Procedures and Decision-making Responsibilities, summarizes the review and decision-making responsibilities of the review authorities that have roles in the procedures set forth in this Part. Other duties and responsibilities of these review authorities are set forth in subsequent Chapters of this Part. Where a project requires more than one type of application, all requests shall be reviewed and decided upon by the highest review authority established for any of the applications.

(Ord. # 4010, 03/08/2024) 

Effective on: 3/8/2024

The City Council (Council) shall have the review and decision-making authority listed in Table 19.18.2-1, Review Procedures and Decision-making Responsibilities.

Effective on: 1/1/1901

1. A.
   Establishment, Duties, and Authority. The Planning Commission (Commission) is established pursuant to the authority of City Ordinance No. 40, adopted on September 23, 1953. The Commission shall have all powers granted and shall perform all duties imposed by the Charter and NRS 278.030 through 278.260. The Commission shall have the review and decision-making authority listed in Table 19.18.2-1, Review Procedures and Decision-making Responsibilities, and in addition shall have the following duties and responsibilities:

   1. 1.
      Develop and recommend to the Council new policies, ordinances, administrative procedures, and other tools related to land development and re-development;
   2. 2.
      Conduct studies and recommend to the Council any other new plans, goals, and objectives relating to growth, development, and redevelopment of the city; and
   3. 3.
      Perform any other duties assigned by the Council.
2. B.
   Membership.

   1. 1.
      The Commission shall consist of seven members who shall be appointed and shall serve in accordance with HMC Section 2.50.030 or any other policy adopted by Council.
   2. 2.
      The Commission shall also include three ex officio members: the Mayor; the City Engineer; and the City Attorney.
   3. 3.
      Ex officio members shall serve as members in an advisory capacity only. Ex officio members shall not be counted toward quorum of the Commission and shall not be entitled to vote on matters before the Commission.
3. C.
   Compensation. All members of the Commission shall receive compensation as provided by resolution by the Council.
4. D.
   Removal of Members. Members of the Commission may be removed, after a public hearing, by a majority vote of the Council for inefficiency, neglect of duty, malfeasance of office, or other just cause as determined by the Council .
5. E.
   Vacancies. Vacancies occurring other than through the expiration of a term shall be filled for the unexpired term in accordance with HMC Section 2.50.030 or any other policy adopted by Council.
6. F.
   Bylaws and Rules. In addition to the powers, duties, and authority prescribed by NRS 278.030 through 278.260, inclusive, the Commission shall have the power to adopt rules and bylaws governing the order and procedure of the Commission consistent with HMC Section 2.50.

Effective on: 1/1/1901

The Director shall have the review and decision-making authority listed in Table 19.18.2-1, above.

Effective on: 1/1/1901

Staff Review shall have the review authority listed in Table 19.18.2-1, above. In addition, Staff Review shall be responsible for review and comment on all concept plans in accordance with HMC Subsection 19.19.4.C, Concept Plan Review, and impact statements associated with Projects of Significant Impact in accordance with HMC Subsection 19.19.4.C.3.a, Projects of Significant Impact.

Effective on: 1/1/1901

This Chapter establishes uniform procedures for the preparation, filing, and processing of development applications provided for in this Code, unless superseded by a specific requirement of this Code or State law.

Effective on: 1/1/1901

The Director shall issue timetables for reviewing each type of development application under this chapter. Timetables, which may be revised from time-to-time, may include:

1. A.
   Dates of regular meetings of review authorities and decision-makers;
2. B.
   Deadlines for receipt of a complete application for consideration of such application at a particular meeting; and
3. C.
   Routing and scheduling of staff and agency reviews.

Effective on: 1/1/1901

1. A.
   Whenever two or more forms of review and approval are required under this Code (e.g., a zone change and a CUP), applications for those development approvals may, at the option of the City, be processed simultaneously.
2. B.
   The decision-making authority identified in Table 19.18.2-1, Review Procedures and Decision-making Responsibilities, shall have the authority to review and decide any application for which it is the designated decision-making authority. In cases where an application is submitted in conjunction with another application requiring approval by a separate, higher-level decision-making authority (e.g., the Council), the higher-level decision-making authority shall be responsible for reviewing and deciding both applications.

Effective on: 1/1/1901

The procedures in this Section apply to all applications for development permits or approvals under this Code at the beginning of the review process, unless otherwise stated. Applicants are encouraged to schedule pre-application meetings with the Community Development and Services Department staff prior to submitting a concept plan review application.

1. A.
   Authority to Initiate Applications. Applications for review and approval under this Code may be initiated by any of the following:

   1. 1.
      Petition of all the owners of the land that is the subject of the application.
   2. 2.
      The owners’ authorized agent(s).
   3. 3.
      The official representatives of a homeowner’s or property-owner’s association in a master-planned development where the master developer has ceded control of the development to the association.
   4. 4.
      A lot owner or developer of a portion of a master-planned development provided the application is limited to the land under their ownership or control.
   5. 5.
      City staff acting under the direction of the Commission or Council.
   6. 6.
      Public or private utility providers.
2. B.
   Form of Application and Application Filing Fees. Applications required under this Code shall be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications shall be accompanied by the fee amount that has been established by the Council. Fees are not required with applications submitted by the Council, Commission, Clark County School District, or City agencies or staff. Application fees are nonrefundable, unless otherwise expressly stated. Additionally, and upon request and subject to compliance with 19.10.4 of this Code, the Director may waive entitlement fees for developments that include Affordable Housing units, based primarily on the number/percentage of affordable units proposed within the development and the degree of affordability.
3. C.
   Concept Plan Review.

   1. 1.
      Purpose. Concept plan review is intended to allow for a general review of a proposed development before a formal application is submitted.
   2. 2.
      Applicability. Unless waived by the Director, concept plan review shall be required as identified in any part of this Code and for projects that consist of the following:

      1. a.
         A Data Center;
      2. b.
         A school for grades K-12;
      3. c.
         An amendment to the Comprehensive Plan land use map;
      4. d.
         A zone change amendment to establish a new PUD or MP Overlay District;
      5. e.
         Projects of Regional Significance, defined in HMC Section 19.37.1, Definitions; or
      6. f.
         Projects within the Hillside Overlay or developments on slopes greater than 15 percent, as referenced in HMC Section 19.8.4.D.
   3. 3.
      Application Filing. Applications for concept plan review shall be submitted per the form required by the City to the Director.

      1. a.
         Projects of Regional Significance. Projects of Regional Significance, defined in HMC Section 19.37.1, Definitions, shall submit impacts assessments that include, at a minimum:

         1. i.
            The number of vehicle trips that the project will generate, estimated by applying to the proposed project the average trip rates for the peak days and hours established by the Institute of Transportation Engineers (ITE) or its successor.
         2. ii.
            The estimated number of additional pupils for each elementary school, junior high or middle school, and high school that the project will cause to be enrolled in local schools.
         3. iii.
            The distance from the site on which the project will be located to the nearest facilities from which fire-fighting, police and emergency services are provided, including, without limitation, facilities that are planned, but not yet constructed, and facilities that have been included in a plan for capital improvements prepared by the appropriate local government pursuant to NRS 278.0226.
         4. iv.
            A brief statement setting forth the anticipated effect of the project on housing, mass transit, common open space, and recreation.
         5. v.
            The proposing agency of a regional infrastructure project shall provide an assessment of the regional and multi-jurisdictional impacts of the proposed project directly to the Southern Nevada Regional Planning Commission (SNRPC) prior to application submittal. The proposing agency shall cooperate with the SNRPC in providing information and communicating about the proposed project.
   4. 4.
      Review. Upon receipt of a concept plan review application, the Director may, within three days from the deadline date, set a time and place for a meeting of the Staff Review and provide notice of the meeting and one copy of all plans and materials to each member of the Staff Review. Notice of the meeting time shall also be provided to the applicant. The Staff Review meeting shall be held within 10 business days of the date that a complete application is received, unless the applicant requests a later date.
   5. 5.
      Action. At the Staff Review meeting, the Director shall describe the requirements of the review process. Committee members shall:

      1. a.
         Ask questions of the applicant to clarify their understanding of the applicant’s intent;
      2. b.
         Ensure the applicant understands all required steps in the development review process; and
      3. c.
         State their concerns based on preliminary review of project plans and materials.
   6. 6.
      Staff Comments Provided. Within three days after the Staff Review meeting, staff shall provide the applicant with Staff Review comments.

(Ord. # 3954, 04/18/2023; Ord. # 4007, 02/06/2024; Ord. # 4050, 12/17/2024) 

Effective on: 12/20/2024

The common procedures in this Section deal with the processing of an application, which occurs following the completion of preliminary application procedures. This Section applies to all applications for development permits or approvals under this Code, unless otherwise stated.

1. A.
   Application Completeness.

   1. 1.
      An application will be accepted if it:

      1. a.
         Is submitted in the required form;
      2. b.
         Contains all necessary exhibits and supporting information outlined on the application form checklist(s);
      3. c.
         Is accompanied by the appropriate fee(s);
      4. d.
         Includes the minimum number of digital or paper copies as required/appropriate;
      5. e.
         Is submitted within review schedule timeframe; and
      6. f.
         Follows all required pre-application steps.
   2. 2.
      If the Director determines the requirements in HMC Subsection 19.19.5.A.1 above are adequately met, the application shall be accepted. If an application is determined to be incomplete by the Staff Review Committee, the Director shall provide written notice to the applicant along with an explanation of the application’s deficiencies within nine calendar days of the application submittal date. No further processing of the application shall occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 180 days, the application shall be considered withdrawn.
   3. 3.
      If the application has been deemed complete and is heard at a public hearing where the Commission or Council have continued the application to allow for submittal of additional information, the application completeness date shall change to the date of the public meeting when the information is deemed acceptable.
2. B.
   Community Development and Services Director and Agency Review and Referral. In conducting required reviews, the Director shall be authorized to distribute the application and other submittals to City departments and other agencies for the purpose of soliciting comments and ensuring that the proposal complies with all applicable standards and requirements. Based on the results of those reviews, the Director shall provide a report to the Commission. Comments received from reviewers will be provided to the applicant or designated representative.

   1. 1.
      Projects of Regional Significance. Following a determination of application completeness for a Project of Regional Significance, the Director shall notify the affected jurisdiction(s) and provide the affected local government with copies of any application materials, as well as the impact assessment.

      1. a.
         Upon receipt of the referral, the affected local government shall have 15 calendar days within which to provide mitigation comments to the Director. The mitigation comments may propose ways in which the affected local government believes any negative impacts of the project on the affected local government can be mitigated.
      2. b.
         Upon receipt of notice of a regional infrastructure project and the assessment by a proposing agency, the SNRPC will review the proposed project and assessment and take necessary action, including comments on ways in which negative impacts of the proposed project can be mitigated.
      3. c.
         The Director shall give consideration to the mitigation comments and require mitigation of potential negative impacts on the affected local government to the maximum practical extent. The Director shall make written findings of the way in which the mitigation comments were addressed.
3. C.
   Neighborhood Meetings.

   1. 1.
      Purpose. The purpose of a neighborhood meeting is to provide an informal opportunity to inform the affected neighborhood(s) of the details of a proposed development and application, how the applicant intends to meet the standards contained in this Code, and to receive public suggestions, identify neighborhood concerns, and encourage dialogue at an early stage in the review process.
   2. 2.
      Applicability.

      1. a.
         Neighborhood Meeting Mandatory. Unless waived by the Director, a neighborhood meeting is required for any application subject to a mandatory concept plan review, as well as an amendment to the official zoning map. Neighborhood meetings for amendments to the Comprehensive Plan cannot be waived.
      2. b.
         Neighborhood Meeting May Be Required. A neighborhood meeting may be required as follows, in addition to those instances when a meeting is mandatory:

         1. i.
            The Director may require an applicant to conduct a neighborhood meeting prior to a public hearing on an application if the Director determines the application is likely to cause a significant land use, design, traffic, or other public facility impact on neighboring lands.
         2. ii.
            The Mayor or the Chair of the Commission may direct an applicant to conduct a neighborhood meeting either prior to or during a public hearing on an application being reviewed by the board they chair, if it is determined the application could potentially have significant land use, design, traffic, or other public facility impacts on neighboring lands.
      3. c.
         Neighborhood Meeting Optional. Neighborhood meetings are optional for any other applications under this Code.
   3. 3.
      Timing. At least one neighborhood meeting must be held at least three weeks prior to a public hearing, or as specified by the City. The date in which notices are mailed is not included in the three-week requirement.
   4. 4.
      Time and Place. The neighborhood meeting shall be held at a place that is ADA compliant and generally accessible to neighbors that reside in close proximity to the land subject to the application, and shall be scheduled after 5:30 p.m. during City business days.
   5. 5.
      Notification. An applicant holding a neighborhood meeting shall provide mailed notice of the meeting to the same notification area that would be required for public hearings on the application pursuant to HMC Subsection 19.19.5.D, Public Notice. Notification of the neighborhood meeting shall be provided by the applicant to the mailing addresses on the list provided by staff via first-class mail postmarked a minimum of 10 days in advance of the meeting. Notification shall also be provided to staff at least 10 calendar days prior to the meeting date.
   6. 6.
      Notification Contents. Public notification of a neighborhood meeting shall be provided according to the template provided by staff and at a minimum, include:

      1. a.
         A vicinity map depicting the subject site;
      2. b.
         The purpose of the neighborhood meeting, with brief project description;
      3. c.
         The type of application proposed by the applicant;
      4. d.
         The date, time, and location of the meeting; and
      5. e.
         Contact information for the applicant.
   7. 7.
      Conduct of Meeting. At the neighborhood meeting, the applicant shall provide a sign-in sheet, explain the development proposal and application, use appropriate visuals and supply handouts as needed to describe the project, answer any questions, respond to concerns neighbors have about the application, and propose ways to resolve conflicts.
   8. 8.
      Staff Attendance. City staff may attend the neighborhood meeting for the purpose of advising the attendees regarding applicable provisions of this Code but shall not serve as facilitators or become involved in negotiations at the neighborhood meeting.
   9. 9.
      Written Summary of Neighborhood Meeting. The applicant shall provide staff a signed affidavit indicating that the notification was completed in accordance with the standards of this Code. If staff are not in attendance at the neighborhood meeting, a written summary of the neighborhood meeting shall be provided to staff within five business days of its conclusion, along with a list of the notified parties. If staff are in attendance at the neighborhood meeting, staff will provide the summary. The written summary shall include a summary of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information deemed appropriate. The written summary of the neighborhood meeting also shall be included with the application materials and be made available to the public.
   10. 10.
       Response to Summary. Any person in attendance at the neighborhood meeting may submit an additional written summary to City staff stating their understanding of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information they deem appropriate. This written summary may include a response to the applicant’s written summary of the meeting. All written summaries of the neighborhood meeting shall be included with the application materials and be made available to the public.
4. D.
   Public Notice.

   1. 1.
      Content. All notices required under this Code shall comply with Nevada Revised Statutes (NRS) and shall, at a minimum:

      1. a.
         Indicate the time and place of the public hearing or action;
      2. b.
         Describe the property involved in the application by street address or by legal description and nearest cross-street;
      3. c.
         Describe the nature, scope, and purpose of the application or proposal being advertised;
      4. d.
         Indicate that interested parties may appear at the hearing and speak on the matter; and
      5. e.
         Indicate where additional information on the matter can be obtained.
   2. 2.
      Written (Mailed) Notice.

      1. a.
         When the provisions of this Code require that written or mailed notice be provided, unless otherwise stated herein, the City shall be responsible for preparing and mailing the notice at least 10 days in advance of the first public hearing. In addition to the notice requirements specified in Table 19.19.5-1, Public Notice Requirements, written notice shall be provided to the applicant; the nearest 30 real property owners; all advisory boards created by the Council and established in the affected area; and all registered property owners associations, neighborhood associations, and appointed individuals serving as rural neighborhood representatives.
      2. b.
         In cases where a development requiring notice is proposed within or adjacent to an area subject to the RN overlay, the president of the applicable rural neighborhood organization shall be provided with mailed notice of the application.
   3. 3.
      Posted Notice. When the provisions of this Code require that notice be posted, signs approved by the City shall be posted on the property that is the subject of the application in a manner that makes them clearly visible to neighboring residents and passers-by from each abutting street. Required signs shall be posted at least 10 days before the first public hearing. Installers shall be required to sign an affidavit provided by the City stating that the signs were posted properly and provide a photograph showing each sign after installation. The photograph shall include a landmark that substantiates each sign’s location. When the application pertains to a matter that does not affect a specific site (e.g., Comprehensive Plan text amendments), the notice may be posted in the City Hall lobby.
   4. 4.
      Published (Newspaper) Notice. When the provisions of this Code require that notice be published, the City shall be responsible for preparing the notice and ensuring that it is published in a newspaper that has been selected by the City. The notice shall appear at least 10 days before the public hearing.
   5. 5.
      Summary Table of Required Notice and Timing. Unless otherwise expressly provided in the Nevada Revised Statutes, or this Code, public notice shall be provided in accordance with Table 19.19.5-1, Public Notice Requirements. Failure to receive notice in accordance with this Section shall not invalidate the proceedings for which notice was required, nor shall failure to receive notice constitute a basis for legal action against the City. Bracketed numbers refer to notes at the bottom of the table.

1.  
   6. 6.
      Constructive Notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing, and the location of the subject property shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the review authority shall make a formal finding regarding whether there was substantial compliance with the notice requirements of this Code before proceeding with the hearing upon recommendation from staff.

5. E.
   Public Hearings.

   1. 1.
      Review of Supplemental Materials.

      1. a.
         Supplemental materials shall be provided to staff in a reasonable amount of time to provide staff the ability to review the application materials.
   2. 2.
      Agenda Sequencing. Where provisions of this Code result in a need to assign priority between two or more applications in terms of sequencing on the agenda at a public hearing, the application shall be heard in accordance with the timing of the complete filing.
   3. 3.
      Continuation of Public Hearings.

      1. a.
         A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this Code, provided that the continuance is set for a date and time certain and the date and time is announced at the public hearing. Where required time frames for action are otherwise established by this Code, items may not be continued beyond the required time frame without the consent of the applicant.
      2. b.
         In the case of a public hearing before the Commission, the Commission will not grant more than two continuances for the same case, unless it is determined, upon good cause shown, that the additional continuances are warranted. “Good cause” includes, without limitation, the desire to revise plans or drawings, to engage in negotiations with any person or governmental entity, to retain counsel, or circumstances relating to the matter that are beyond the control of the applicant.
      3. c.
         If a public hearing is continued more than three times or for more than 90 days, whichever is less, the public hearing shall be “re-noticed” in accordance with the original notice requirements for the subject application. Unless otherwise approved by the review or review authority at the time of the continuance, the applicant shall pay all costs associated with the re-notification.
   4. 4.
      Burden of Proof or Persuasion. The burden of demonstrating that an application complies with applicable review and approval criteria is on the applicant. The burden is not on the City or other parties to show that the criteria have not been met.
   5. 5.
      City Council Call-Up of Development Applications. Whenever the procedures of this Chapter give the Commission decision-making or appeal authority on a development application or permit request, any member of the Council shall be authorized to “call-up” the application for final action at the Council. In order to call-up an application, a Council member must notify the Director within nine days of the date that the City Clerk received written notice of the Commission’s final action. In the event of Council call-up, public notice shall be provided in accordance with the same procedures that applied to the Commission’s original action. In the event of call-up, the City shall be responsible for all costs associated with the re-notification.

Effective on: 1/1/1901

The provisions of this Section apply to all applications for development permits or approvals under this Code, unless otherwise specified.

1. A.
   Findings. Findings, when required by State law or this Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action.

   1. 1.
      Projects of Regional Significance. In addition to any other required findings, the review authority must make all of the following findings in order to approve a Project of Regional Significance.

      1. a.
         The affected local government was notified of the proposed project by the Director and was afforded 15 calendar days to comment.
      2. b.
         The proposed project does not impose undue negative impacts on any neighboring jurisdiction(s).
      3. c.
         The applicant has mitigated any negative impacts, as identified by the affected local government, to the maximum practical extent.
      4. d.
         Public hearing notices were sent to the owners of all affected properties, regardless of jurisdiction, in accordance with this Code and NRS Section 278.315(4).
      5. e.
         The Southern Nevada Regional Planning Coalition has made a finding that the project is in conformance with the adopted regional plan or the 60-day period in which it could have made such finding has passed pursuant to NRS 278.0278.
2. B.
   Conditions of Approval. Unless otherwise specified in this Code, the decision-maker may impose conditions on the approval of the application as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Henderson Strong Comprehensive Plan and this Code. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both nature and extent to the anticipated impacts of the proposed use or development. No conditions of approval shall be less restrictive than the requirements of this Code.
3. C.
   Decision.

   1. 1.
      Notice of Decision. Within five days of a decision, the Director shall mail notice of the decision to the applicant and all other parties who have made a written request for notification.
   2. 2.
      Effective Date. A final decision on an application shall become effective as specified below.

      1. a.
         Commission. 10 days after the date the decision is filed with the City Clerk, unless an appeal is filed.
      2. b.
         Council. Upon the date of the decision.
   3. 3.
      Presumption of Prejudice. If a decision is made by a review authority, it shall be presumed to be with prejudice unless stated in the record.
4. D.
   Appeals.

   1. 1.
      Applicability. The appeal procedures of this Section shall apply only when the provisions of this Code state that an appeal may be made.
   2. 2.
      Effect of Filing. Once a complete application for an appeal has been received by the Director, no other development approvals or permits will be issued for the subject property pending a decision on the appeal, unless it is determined that such a “hold” on permits and approvals would cause immediate peril to life or property.
   3. 3.
      Aggrieved Party. Appeals allowed under the procedures of this Code may be filed only by an applicant or an “aggrieved party”. An aggrieved party shall be limited to the following:

      1. a.
         Any person who testified at the public hearing on the application or proposed action;
      2. b.
         Any person who submitted written comments prior to or during the public hearing on the application or proposed action;
      3. c.
         Any person who testified or submitted written comments on the application or proposed action prior to or during a public hearing through an authorized representative; or
      4. d.
         In the case of actions taken or applications decided by an administrative official, any person who submitted written comments to such administrative official before the end of the appeal period following the date of the administrative official’s action
   4. 4.
      Consolidation. Appeals by two or more parties aggrieved by the same decision shall be consolidated into a single appeal in accordance with NRS 278.3195(3) by the Director.
   5. 5.
      Initiation. All appeals taken in accordance with this Section shall be filed with the Director no more than nine days after the date the decision is filed with the City Clerk. In the event of an appeal of a decision or interpretation of the Director, appeals shall be filed with the Director no more than nine days after the date the applicant or requesting party is/was notified of the final decision.
   6. 6.
      Contents of Appeal. The application for the appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of the decision or interpretation, and shall include all relevant supporting materials. An application shall not be deemed complete until it contains a clear statement of these items as determined by the Director.
   7. 7.
      Administrative Record. Upon the timely receipt of the application materials initiating an appeal, the Director shall assemble all documents, exhibits and other materials presented to the applicable decision-making person or body for the action being appealed, including any additional documents, exhibits and other materials submitted by and through the deadlines stated in this Section. These materials shall constitute the administrative record to be considered by the reviewing body for purposes of the appeal.
   8. 8.
      Notice and Hearing Requirements. The requirements for hearings, notices, and approval criteria shall be the same as required of the original action that is the subject of the appeal.
   9. 9.
      Appeals of the Decision and Interpretations of the Director.

      1. a.
         The Commission shall have the authority to hear and decide all appeals of decisions and interpretations of the Director, except as otherwise stated in HMC Subsection 19.19.6.D.9.e. The Commission shall consider the appeal as a new matter and act to affirm, modify, or reverse the decision or interpretation within 45 days of the end of the appeal period.
      2. b.
         In acting on the appeal of an interpretation, the Commission shall grant to the Director’s interpretation a presumption of correctness, placing the burden of persuasion of error on the appellant. The Commission shall rely on the City Attorney’s interpretation of matters regarding state or federal law.
      3. c.
         An appellant is limited to a maximum of two requests to continue an appeal hearing unless it is determined, upon good cause shown, that the granting of additional continuances is warranted.
      4. d.
         The Commission’s decision on an appeal of the Director may be appealed to the Council.
      5. e.
         A decision by the Director regarding a short-term vacation rental registration termination may be appealed directly to the Council.
   10. 10.
       Appeals of Planning Commission Decisions.

       1. a.
          The Council shall have the authority to hear and decide all appeals of decisions of the Commission and shall be guided by the statement of the purpose underlying the regulation of the improvement of land expressed in NRS 278.020.
       2. b.
          The Council shall, within 45 days of the end of the appeal period, consider the appeal as a new matter and act to affirm, modify, or reverse the Commission decision, or with the consent of the applicant and the appellant, act to continue the item to a specific date that is not more than 45 days from the day that the appeal was first set to be heard by the Council.
       3. c.
          The Council may not grant an appellant more than two continuances on an appeal, unless, if the applicant is not the appellant, the applicant consents to the additional continuances and the Council determines, upon good cause shown, that the additional continuances are warranted. The Council may not grant an applicant more than two continuances on an appeal unless, if the applicant is not the appellant, the appellant consents to the additional continuances and the Council determines, upon good cause shown, that the additional continuances are warranted. If the Council continues the appeal, the Council must take action to affirm, modify, or reverse the Commission decision within 60 days of the date the appeal was first set to be heard by the Council.
       4. d.
          Supplemental materials shall be provided to staff in a reasonable amount of time to provide staff the ability to review the application materials. A member of the public may submit a document, exhibit or other material in opposition to or in support of an appeal being heard by the Council. Voluminous documents, exhibits or other materials submitted on the day the appeal is heard that the Council did not have sufficient time to review may not be considered part of the administrative record for purposes of judicial review, unless the hearing is continued to a later meeting.
       5. e.
          The Council’s decision is final for the purposes of NRS 278.3195.
   11. 11.
       Notice of Decision on Appeal. Within five days of a decision on an appeal, the Director shall mail notice of the decision to the appellant and to the applicant, if not the appellant, and all other parties who have made a written request for notification.
   12. 12.
       Effective Date. Decisions of the Commission on appeals shall become effective 10 days after the date the decision is filed with the City Clerk unless a new appeal to Council is filed. Decisions of the Council on appeals shall become effective upon the date of the decision.
   13. 13.
       Successive Applications. Following the denial of an application or applications that are the subject of an appeal, no new application for the same or substantially the same matter shall be accepted for one year from the date of denial, unless the denial is made without prejudice.

Effective on: 1/1/1901

1. A.
   Lapse of Approval; Extensions of Time.

   1. 1.
      Unless otherwise provided in this Code, an approved application shall expire if no activity approved under the permit occurs for six months and an extension is not granted, consistent with any appropriate timeframes established in the building code.
   2. 2.
      The lapse of approval time frames established by the procedures in this Chapter may be extended only when all of the following conditions exist:

      1. a.
         The provisions of this Code must expressly allow the extension;
      2. b.
         An extension request must be filed prior to the applicable lapse-of-approval deadline;
      3. c.
         The extension request must be filed in a form and include all exhibits and fees established by the Director; and
      4. d.
         Unless otherwise provided in this Code, authority to grant extensions of time shall rest with the review authority that granted the original approval (the one being extended).
2. B.
   Revisions to an Approved Entitlement. No revision in the use or structure for which an entitlement has been issued is allowed unless the entitlement is revised, as established in this Code.

   1. 1.
      Minor Revisions. The Director may approve minor revisions to approved plans and permits that are consistent with the original findings and conditions approved by the review authority, do not expand the approved floor area more than five percent, and would not intensify any potentially detrimental effects of the project. For entitlements associated with PUDs, see HMC Section 19.21.6.
   2. 2.
      Major Revisions. A request for revisions to conditions of approval of a discretionary permit, a revision to an approved site plan or building plan that would affect a condition of approval, or a revision that would intensify a potential impact of the project shall be treated as a new application and shall be decided on by the same review authority as the approved permit.

(Ord. # 3954, 04/18/2023; Ord. # 4010, 03/08/2024; Ord. # 4050, 12/17/2024) 

Effective on: 12/20/2024

Requests for written interpretations of this Code shall be submitted to the Director.

Effective on: 1/1/1901

Within 30 days of receipt of a complete request for a written interpretation, the Director shall:

1. A.
   Review and evaluate the request in light of this Code, the Henderson Strong Comprehensive Plan, and any other relevant documents;
2. B.
   Consult with other staff, as necessary;
3. C.
   Consult with the City Attorney on any interpretation that may require the application or interpretation of state or federal law; and
4. D.
   Render a written interpretation with a copy of the written interpretation sent to the members of Staff Review.

Effective on: 1/1/1901

The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations.

Effective on: 1/1/1901

An official record of interpretations shall be kept on file in the office of the Director until and unless such an interpretation has been codified. The record of interpretations shall be available for public inspection in the Community Development and Services Department during normal business hours.

Effective on: 1/1/1901

Interpretations may be appealed as provided in HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

This Chapter provides administrative provisions for amendments to the Henderson Strong Comprehensive Plan, Code, and Zoning Map, as well as zone changes.

Effective on: 1/1/1901

1. A.
   Concept Plan Review.

   1. 1.
      Land Use Map Amendments. Applications to amend the future land use map of the Comprehensive Plan require a concept plan prior to application submittal, in accordance with HMC Subsection 19.19.4.C, Concept Plan Review.
   2. 2.
      Text Amendments. Applications to amend the text of the Comprehensive Plan do not require concept plan review.
   3. 3.
      Master Transportation Plan Amendments. Applications to amend the Master Transportation Plan of the Comprehensive Plan do not require a concept plan review prior to application submittal.
2. B.
   Neighborhood Meeting Required.

   1. 1.
      Land Use Map Amendments. Applicants to amend the future land use map of the Comprehensive Plan shall conduct a neighborhood meeting in accordance with HMC Subsection 19.19.5.C, Neighborhood Meetings, following concept plan review.
   2. 2.
      Text Amendments. Applications to amend the text of the Comprehensive Plan do not require a neighborhood meeting.
   3. 3.
      Master Transportation Plan Amendments. Applications to amend the Master Transportation Plan of the Comprehensive Plan require a neighborhood meeting in accordance with HMC Subsection 19.19.5.C, Neighborhood Meetings.
3. C.
   Application Filing.

   1. 1.
      Land Use Map Amendments. Applications for Land Use Amendments shall be submitted to the Director.
   2. 2.
      Text Amendments. Applications to amend the text of the Comprehensive Plan may only be initiated by the Director.
   3. 3.
      Master Transportation Plan Amendments. Applications to amend the Master Transportation Plan of the Comprehensive Plan may only be initiated by the Director.
4. D.
   Traffic Impact Analysis Required. Unless waived by the Public Works Director, applications for an amendment to the Comprehensive Plan shall be accompanied by a Traffic Generation Impact Report. Each impact report shall compare the maximum potential traffic that may be generated by the existing land use with the traffic expected to be generated by the proposed land use in accordance with the site plan. References and sources indicating where the traffic data was obtained shall be included with the Traffic Generation Impact Report, which shall be in a form that is specified by the Public Works Director.
5. E.
   Timing of Review.

   1. 1.
      Land Use Map Amendments. Pursuant to NRS 278.210, the Commission and Council shall hear substantial future land use map amendment applications on a quarterly basis. The Director shall make a determination as to whether a proposed amendment is substantial for purposes of this provision in accordance with the provisions of NRS 278.210(5).

      1. a.
         Applications may be filed with the Community Development and Services Department at any time before the specified deadline date but will be held until the next Commission meeting that has been designated for Comprehensive Plan amendment applications.
      2. b.
         After having heard the application, the Commission or Council may continue a Comprehensive Plan amendment to any of their subsequent meetings.
      3. c.
         City-initiated applications are not subject to the quarterly consideration requirement and may be considered on the normal processing cycle.
   2. 2.
      Text Amendments. Text amendments to the Comprehensive Plan are not subject to the quarterly consideration requirement and may be considered on the normal processing cycle.
   3. 3.
      Master Transportation Plan Amendments. Amendments to the Master Transportation Plan are not subject to the quarterly consideration requirement and may be considered on the normal processing cycle.
6. F.
   Public Hearing Notice. Notice of public hearings on comprehensive plan amendments shall be provided in accordance with the requirements of HMC Subsection 19.19.5.D, Public Notice.
7. G.
   Planning Commission Review and Recommendation. The Commission shall hold at least one public hearing on the proposed Comprehensive Plan amendment and at the close of the public hearing make a recommendation to the Council.

   1. 1.
      If a Comprehensive Plan amendment application is accompanied by other applications for the same development, the Comprehensive Plan amendment shall be acted upon before all other applications for that project.
   2. 2.
      The Commission may continue a Comprehensive Plan amendment application, and all of its accompanying applications, to any future Commission meeting. However, if a continuance is requested by the applicant, all applications shall be held in abeyance until the next quarterly meeting designated for Comprehensive Plan amendment applications or any other meeting as determined by the Commission.
   3. 3.
      An affirmative vote of two-thirds of the total membership of the Commission shall be required to approve a resolution recommending adoption of the Comprehensive Plan amendment.
   4. 4.
      If the Comprehensive Plan amendment fails to receive an affirmative vote of two-thirds of the total membership or is recommended for denial by the Commission, all accompanying applications shall be acted on in accordance with the applicable review procedures for the specific application.
8. H.
   City Council Review and Decision. After receiving the recommendation of the Commission, the Council shall hold at least one public hearing and, at the close of the public hearing, act to approve, approve with conditions, or deny the proposed amendment.

   1. 1.
      No applicant-requested change in or addition to an amendment recommended for approval by the Commission shall be made by the Council until the proposed change or addition has been referred back to the Commission for a new public hearing and recommendation. Failure of the Commission to conduct a new public hearing and make a new recommendation within 40 days after the referral, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed change or addition.
   2. 2.
      The Council may continue a Comprehensive Plan amendment application, and all of its accompanying applications, to any future Council meeting. However, if a continuance is requested by the applicant, the applications shall be held in abeyance until the next quarterly meeting designated for Comprehensive Plan amendment applications if the amendment is substantial.
   3. 3.
      If a Comprehensive Plan amendment is denied by the Council, all applications that accompanied the Comprehensive Plan amendment are terminated.
9. I.
   Approval Criteria.

   1. 1.
      Comprehensive plan amendments may be approved by the Council only following a determination that all of the following have been met:

      1. a.
         The amendment is consistent with the goals and policies of the Comprehensive Plan;
      2. b.
         The proposal conserves and promotes the public health, safety, morals, and general welfare of the city;
      3. c.
         The proposed amendment, together with any other proposed amendments in the general area, are compatible with the land use-related goals of the Comprehensive Plan and avoid creation of isolated uses that will cause incompatible community form and a burden on public services and facilities;
      4. d.
         Whether the proposed amendment will cause any significant adverse impact relating to transportation, schools, public facilities, public services, fire or police protection, utilities or environmental features; and
      5. e.
         The proposed amendment will not burden the city by creating a deficiency in the existing land use category, or an overabundance of the proposed land use in the area.
   2. 2.
      Considerations for Multifamily Residential Development. In addition to the standards above, recommendations and decisions for any proposed amendment that would result in a land use designation permitting multifamily residential development except in situations where the requested land use designation allows less intense residential zoning districts than what currently exists, shall be based on consideration of all of the following, which must be addressed in the proposed amendment:

      1. a.
         Whether the site is within ½-mile of the following:

         1. i.
            The elementary school for which the residence is zoned;
         2. ii.
            An existing or planned city park;
         3. iii.
            An existing grocery store as defined by HMC 4.36.010 or farmer’s market as defined by NRS 268.091 with daily produce sales;
         4. iv.
            An existing or planned transit stop, as determined by the Regional Transportation Commission of Southern Nevada; and
         5. v.
            An existing or planned shared-use path as defined by the Regional Bicycle & Pedestrian Plan for Southern Nevada;
      2. b.
         Whether the site is at least 500 feet from a limited-access freeway;
      3. c.
         Whether there is at least one job for every dwelling unit within a ½-mile radius of the project site;
      4. d.
         The balance of land uses within ½-mile of the project site;
      5. e.
         The site must comply with the traffic impact study recommendations. A traffic impact study is required for any increase to the proposed density for the most recently approved traffic impact study or if a traffic impact study has never been completed for the site;
      6. f.
         Whether the site is in Clark County School District school attendance zones that have excess capacity sufficient to accommodate the projected student yield of the development;
      7. g.
         The need for the use, based upon the characteristics within ½-mile of the project site, such as:

         1. i.
            Residential Vacancy Rates;
         2. ii.
            Residential Rental Rates;
         3. iii.
            Commercial Vacancy Rates; and
         4. iv.
            Commercial Rental Rates;
      8. h.
         The need for additional utilities and roads infrastructure and public safety services beyond those existing or planned, as determined by the Director of Utility Services, Traffic Engineer, Fire Chief, and Police Chief, and the developer’s commitment to fund improvements necessitated by the proposed multifamily residential project;
      9. i.
         Whether the site is located outside the Airport Environs (AE) overlay district; and
      10. j.
          Considerations of the application’s furtherance of the City’s Comprehensive Plan.
10. J.
    Appeals. Appeals of the Council’s decision on Comprehensive Plan amendments shall be made to the District Court of Clark County, as provided by law.

(Ord. # 3954, 04/18/2023; Ord. # 4010, 03/08/2024; Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Application Filing. Applications for a Zoning Ordinance Amendment/Development Code Text Amendment may be filed by the Council, Commission, City Manager, City Attorney, or Director.
2. B.
   Public Meeting Notice. The City Clerk shall provide notice of the public meeting at which the title of the proposed Code text amendment must be read.
3. C.
   Referral to Committee, Regular Meeting, or Special Meeting. Consistent with HMC Sections 2.090 and 2.100, the title of the proposed Code text amendment shall be read to the Council and referred to a committee, a regular meeting, or special meeting of the City Council for consideration, after which the proposed Code text amendment shall be filed with the City Clerk for public distribution and publication.
4. D.
   City Council Review and Decision. After receiving the report, the Council shall act to approve, approve with conditions or deny the proposed Code amendment.
5. E.
   Approval Criteria. Development Code text amendments shall meet all of the following criteria:

   1. 1.
      The proposed amendment is consistent with the Comprehensive Plan and the purpose and intent of the Code; and
   2. 2.
      The proposed amendment will protect the health, safety, morals, or general welfare of the public.

(Ord. # 3954, 04/18/2023; Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Applicability. This Section includes the procedure for the review of applications for all zone changes and amendments to the zoning map, except for amendments to the Master Plan (MP) and Planned Unit Development (PUD) overlays, which are addressed in HMC Sections 19.21.5 and 19.21.6 below.
2. B.
   Neighborhood Meeting Required. Applications to amend the official zoning map may require a neighborhood meeting held in accordance with the procedures in HMC Subsection 19.19.5.C, Neighborhood Meetings, after submittal of a formal application.
3. C.
   Application Filing. Applications for zoning map amendments shall be submitted to the Director.
4. D.
   Public Hearing Notice. Notice of public hearings on zoning map amendments shall be provided in accordance with the requirements of HMC Subsection 19.19.5.D, Public Notice.
5. E.
   Planning Commission Review and Recommendation. The Commission shall hold a public hearing on the proposed zoning map amendment and at the close of the public hearing make a recommendation to the Council. Approval may be recommended for a less intensive zoning classification than requested by the applicant without re-notification.
6. F.
   City Council Review and Decision. After receiving the recommendation of the Commission, the Council shall act to approve, approve with conditions, or deny the proposed zoning map amendment. Approval may be granted for a less intensive zoning classification than requested by the applicant without re-notification.
7. G.
   Approval Criteria.

   1. 1.
      Zoning map amendments must meet all of the following criteria:

      1. a.
         The proposed zone change is consistent with the Comprehensive Plan;
      2. b.
         The proposed zone change will protect the health, safety, morals, or general welfare of the public;
      3. c.
         The proposed zone change will not have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation; and
      4. d.
         The proposed zone change will not have significant adverse impacts on other property in the vicinity of the subject property.
   2. 2.
      In addition to the above-listed criteria, if the allowable density or intensity of use is proposed to be reduced and at least 20 percent of the property owners to whom notices were sent oppose the proposes zone change, the Council shall consider separately the merits of each aspect of the proposed amendment to which owners objected and make a written finding that the public interest and necessity will be promoted by the amendment.
   3. 3.
      In addition to the criteria listed in HMC Subsection 19.21.4.G.1 above, any proposed zoning amendment that would result in the redevelopment or change in use of a golf course, park, open space or PS-zoned land, is subject to the following additional approval criteria, all of which must be addressed in the proposed amendment:

      1. a.
         Any impacts of the proposed land uses on schools, traffic, parks, emergency services, utility infrastructure, and any other potential impacts identified by the Director are mitigated;
      2. b.
         Sufficient compensating benefit(s) for the loss of the larger, contiguous open space to the surrounding neighborhood as a result of the redevelopment or change in use is/are provided;
      3. c.
         Open space is preserved and provided beyond the amount required under the requested zoning and in furtherance of the goals and objectives of the City’s Comprehensive Plan with regard to the protection of open space; and
      4. d.
         The proposal is in compliance with the closure plan, if applicable.
8. H.
   Considerations for Multifamily Residential Development. In addition to the criteria listed in HMC Subsection 19.21.4.G.1 above, recommendations and decisions on any proposed zoning amendment to any district permitting multifamily residential development, except in situations where the resulting change would either lower or maintain the same maximum allowable residential density, shall be based on consideration of all the following, which must be addressed in the proposal. Community Development shall prepare the analysis and provide the applicant with the results during the review phase.

   1. 1.
      Whether the site is within ½-mile of the following:

      1. a.
         The elementary school for which the residence is zoned;
      2. b.
         An existing or planned park;
      3. c.
         An existing grocery store as defined by HMC 4.36.010 or farmer’s market as defined by NRS 268.091 with daily produce sales;
      4. d.
         An existing or planned transit stop, as determined by the Regional Transportation Commission of Southern Nevada; and
      5. e.
         An existing or planned shared-use path as defined by the Regional Bicycle & Pedestrian Plan for Southern Nevada;
   2. 2.
      Whether the site is at least 500 feet from a limited-access freeway;
   3. 3.
      Whether there is at least one job for every dwelling unit within a ½-mile radius of the projected site;
   4. 4.
      The balance of land uses within ½-mile of the project site;
   5. 5.
      The site must comply with the traffic impact study recommendations. A traffic impact study is required for any increase to the density for the most recently approved traffic impact study or if a traffic impact study has never been completed for the site;
   6. 6.
      Whether the site is in Clark County School District school attendance zones that have excess capacity sufficient to accommodate the projected student yield of the development;
   7. 7.
      The need for the use, based upon the characteristics within ½-mile of the project site, such as:

      1. a.
         Residential Vacancy Rates;
      2. b.
         Residential Rental Rates;
      3. c.
         Commercial Vacancy Rates; and
      4. d.
         Commercial Rental Rates;
   8. 8.
      The need for additional utilities and roads infrastructure and public safety services beyond those existing or planned, as determined by the Director of Utility Services, Traffic Engineer, Fire Chief, and Police Chief, and the developer’s commitment to fund improvements necessitated by the proposed multifamily residential project;
   9. 9.
      Whether the site is located outside the Airport Environs (AE) overlay district; and
   10. 10.
       Considerations of the application’s furtherance of the City’s Comprehensive Plan.
9. I.
   Appeals. Appeals of Council decisions on zoning map amendments shall be made to the District Court for Clark County, as provided by law.
10. J.
    Successive Application. Following denial of a zoning map amendment request, no new application for the same or substantially the same amendment shall be accepted within one year of the date of denial, unless denial is made without prejudice.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Concept Plan Review. An applicant for a zone change with the MP overlay shall submit a concept plan prior to application submittal, in accordance with HMC Subsection 19.19.4.C, Concept Plan Review.
2. B.
   Neighborhood Meeting. Following review of a concept plan, an applicant for a zone change with the MP overlay shall conduct a neighborhood meeting in accordance with HMC Subsection 19.19.5.C, Neighborhood Meetings, unless the meeting is waived by the review authority.
3. C.
   Application. Applications for the approval of a zone change with MP overlay shall be submitted to the Director.

   1. 1.
      An application for a zone change with the MP overlay or an amendment of an existing MP overlay shall include a MP prepared to the specifications of the City. Approval of a MP at the time of zone change is required prior to development in the MP overlay. The MP represents a generalized land use/site plan for the area proposed to be included within a planned development. It is required as a means of allowing early review before detailed planning and engineering work are undertaken and before substantial expenses are incurred.
   2. 2.
      A MP must cover all of the land area to be included in the planned development. The MP shall be accompanied by a terms and conditions statement, which is a textual description of all adopted conditions of approval, a description of how the planned development will meet or exceed the minimum standards of the Code, and the compensating benefits to be provided (if any).
4. D.
   Public Hearing Notice. Notice of public hearings on the MP zone change application shall be published, mailed, and posted in accordance with HMC Subsection 19.19.5.D, Public Notice.
5. E.
   Planning Commission Review and Recommendation. The Commission shall hold a public hearing on the proposed MP zone change and, within 60 days of the date of the public hearing, make a recommendation to the Council, based on HMC Subsection 19.21.5.G, Required Findings.
6. F.
   City Council Review and Decision. After receiving the recommendation of the Commission, the Council shall act to approve, approve with conditions, or deny the proposed MP zone change based on HMC Subsection 19.21.5.G, Required Findings.
7. G.
   Approval Criteria.

   1. 1.

      A Master Plan overlay may be approved only if the reviewing body determines that all of the approval criteria for Zone Changes have been met.

   2. 2.
      Additionally, to determine whether an MP overlay is appropriate for the proposed site, the reviewing body must find that the applicant has clearly demonstrated compliance with the Purpose, Applicability, and Standards of the MP Overlay District, as stated in Subsections 19.8.5.A, B, and D.
8. H.
   Considerations for Multifamily Residential Development. In addition to the above-listed criteria, recommendations and decisions on any proposed MP overlay or MP amendment that includes a request to allow multifamily residential development in a zoning district in which it is otherwise not permitted shall be based on the process and in consideration of the criteria outlined in Section 19.21.4.H.
9. I.
   Conditions of Approval. The following shall be standard conditions of the approval of all applications:

   1. 1.
      The development standards in the applicant’s submitted MP shall be deemed to be incorporated within the action of the Council in its approval of the map amendment, except as modified in the specific terms of the approval. All future development within the boundaries of the MP overlay district shall comply with the terms of the approved MP.
   2. 2.
      The requirements of the general zoning district(s) in which the property is located shall remain applicable within the overlay district except as modified within the approved MP and as may be further modified by the Council in its approval.
10. J.
    Appeals. Appeals of Council decisions on zoning changes with a master plan overlay shall be made to the District Court for Clark County, as provided by law.
11. K.
    Recordation. The City shall record the adopting ordinance, MP, and the terms and conditions statement with the City. They shall be binding upon the landowners, their successors, and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the MP and in the terms and conditions statement. A copy of the recorded documents shall be provided to the City prior to issuance of a building permit.
12. L.
    Amendments to an Approved Master Plan.

    1. 1.
       Any request for amendment to an approved MP that increases the number of dwelling units, increases the project’s density, increases the number of building lots, decreases the amount of common open space, alters a road pattern, or requests new waivers of Code requirements shall be initiated and processed in the same manner as a new application.
    2. 2.
       However, if the Director determines that the requested changes are, in his or her discretion, minor and do not include substantial alterations to the MP conditions of approval and are consistent with the intent of the original approval, the Director may approve the changes.
    3. 3.
       The following are provided as illustrative examples of the types of amendments that the Director may reasonably consider to be minor with respect to an approved MP:

       1. a.
          Changes in the size of a particular use;
       2. b.
          Changes in the height of a proposed use;
       3. c.
          Changes in the housing mix or use-mix ratio; or
       4. d.
          Changes that do not result in a change in the character of the development, or the development’s relationship with adjacent lands.

(Ord. # 3954, 04/18/2023; Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Concept Plan Review. An applicant for a zone change with the PUD overlay shall submit a concept plan prior to application submittal, in accordance with HMC Subsection 19.19.4.C, Concept Plans.
2. B.
   Neighborhood Meeting. Following review of a concept plan, an applicant for a zone change with the PUD overlay shall conduct a neighborhood meeting in accordance with HMC Subsection 19.19.5.C, Neighborhood Meetings.
3. C.
   Application.

   1. 1.
      Plan required for Approval of Zone Change with PUD Overlay. An application for approval of a PUD overlay must include a plan, as that term is defined in NRS 278A.060, which contains the following elements, in written and graphic materials, as applicable:

      1. a.
         The location and size of the site and the nature of the landowner’s interest in the land proposed to be developed;
      2. b.
         The density of land use to be allocated to parts of the site to be developed;
      3. c.
         The location and size of any common open space and the form of organization proposed to own and maintain any common open space;
      4. d.
         The use and the approximate height, bulk and location of buildings and other structures;
      5. e.
         The ratio of residential to nonresidential use;
      6. f.
         The feasibility of proposals for disposition of sanitary waste and storm water;
      7. g.
         The substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities; 
      8. h.
         The provisions for parking of vehicles and the location and width of proposed streets and public ways;
      9. i.
         The required modifications in the site standards otherwise applicable to the subject property; and
      10. j.
          In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for additional approval of all sections of the PUD are intended to be filed.

          PUDs must also meet the standards set forth in HMC Section 19.4.5, Planned Unit Development Overlay. A plan may also contain the minimum standards of design contained in NRS 278A.230 through NRS 278A.370, inclusive.

   2. 2.
      Filing. Applications for PUD zone change approval shall be submitted to the Director.
4. D.
   Public Hearing Notice. Notice of public hearings on the approval of a PUD zone change application shall be published, mailed, and posted in accordance with HMC Subsection 19.19.5.D, Public Notice.
5. E.
   Planning Commission Review and Recommendation. The Commission shall hold a public hearing on the PUD zone change and, within 60 days of the date of the public hearing, make a recommendation to the Council, based on HMC Subsection 19.21.6.G, Required Findings.
6. F.
   City Council Review and Decision. After receiving the recommendation of the Commission, the Council shall act to approve, approve with conditions, or deny the tentative PUD zone change based on HMC Subsection 19.21.6.G, Required Findings.
7. G.
   Approval Criteria.

   1. 1.
      A PUD zone change may be approved only if the reviewing body finds that all of the following criteria have been met, written findings of which must be set forth particularly in the minutes, and a copy of the minutes shall be sent to the owner:

      1. a.
         The proposal is consistent with the Comprehensive Plan;
      2. b.
         The planned development complies with the applicable standards of HMC Section 19.8.6, Planned Unit Development Overlay District;
      3. c.
         The plan is consistent with the statement of objectives of a PUD;
      4. d.
         If the plan departs from zoning and subdivision regulations, otherwise applicable to the property, including but not limited to density, bulk, and use, these departures are deemed to be in the public interest;
      5. e.
         The ratio of residential and nonresidential use in the PUD, if applicable, serves the public interest;
      6. f.
         The purpose, location and amount of the common open space in the PUD are acceptable, the proposals for maintenance and conservation of the common open space are reliable, and the amount and purpose of the common open space as related to the proposed density and type of residential development are adequate;
      7. g.
         The physical design of the plan makes adequate provision for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation and visual enjoyment;
      8. h.
         The relationship of the proposed PUD to the neighborhood in which it is proposed to be established is beneficial or not adverse; and
      9. i.
         In the case of a plan which proposes development over a period of years, the terms and conditions intended to protect the interests of the public, residents and owners of the PUD in the integrity of the plan are sufficient.
   2. 2.
      In addition to the above-listed criteria, any proposed PUD amendment that would result in the redevelopment or change in use of a golf course, park, open space or PS-zoned land, is subject to the following additional approval criteria which must be addressed in the proposed amendment. These criteria require the governing body to consider:

      1. a.
         Any impacts of the proposed land uses on schools, traffic, parks, emergency services, utility infrastructure, and any other potential impact identified by the Director are mitigated;
      2. b.
         Sufficient compensating benefit(s) for the loss of the larger, contiguous open space to the surrounding neighborhood as a result of the redevelopment or change in use is/are provided;
      3. c.
         Open space is preserved or provided beyond the amount required by Code or the provisions of the PUD and in furtherance of the goals and objectives of the City’s Comprehensive Plan with regard to protection of open space; and
      4. d.
         The proposal is in compliance with the closure plan.
8. H.
   Considerations for Multifamily Residential Development. In addition to the above-listed criteria, recommendations and decisions on any proposed planned unit development zone change or amendment that includes a request to allow multifamily residential development, except in situations where the resulting change would either lower or maintain the same maximum allowable residential density, in a zoning district in which it is otherwise not permitted shall be based on the process and in consideration of the criteria outlined in Section 19.21.4.H.
9. I.
   Conditions of Approval. The following shall be standard conditions of approval on all PUD zone change applications:

   1. 1.
      The development standards in the applicant’s submitted PUD shall be deemed to be incorporated within the action of the Council in its approval of the zoning map amendment, except as modified in the specific terms of the approval. All future development within the boundaries of the PUD overlay district shall comply with the terms of the finally approved PUD except as otherwise provided in this Section.
   2. 2.
      The requirements of the general zoning district(s) in which the property is located shall remain applicable within the overlay district except as modified within the approved PUD and as may be further modified by the Council in its approval.
10. J.
    Appeals. Appeals of Council decisions on zoning changes with a planned unit development overlay shall be made to the District Court for Clark County, as provided by law.
11. K.
    Recordation. The City shall record the adopting ordinance, approved and certified PUD, and the terms and conditions statement with the City. The City shall also record any amendments to the approved PUD. They shall be binding upon the landowners, their successors, and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the approved PUD and in the terms and conditions statement. A copy of the recorded documents shall be provided to the City prior to issuance of a building permit.
12. L.
    Amendments to An Approved Planned Unit Development.

    1. 1.
       Except as otherwise provided in HMC Subsection 19.21.6.K.3, the City may amend an approved PUD to modify, remove or release any provisions of the plan following a public hearing in accordance with HMC Subsection 19.21.6.K.2.
    2. 2.
       Approval Criteria. At the public hearing approving an amendment under HMC Subsection 19.21.6.K(1), the reviewing body must determine that:

       1. a.
          The rights of the residents of a planned unit residential development to maintain and enforce the provisions of the PUD are not affected.
       2. b.
          Neither the enjoyment of land within, abutting, upon, or across a street from the planned unit development, nor the public interest, are adversely affected.
       3. c.
          The amendment is not proposed solely to confer a private benefit upon any person.
    3. 3.
       Upon application of a property owner within the PUD, the City may amend an approved PUD to modify, remove or release any provisions of the plan without a public hearing if:

       1. a.
          The plan does not include any residential development;
       2. b.
          The modification, removal or release does not propose to add any residential development;
       3. c.
          The modification, removal or release does not require the vacation or abandonment of any street, public sidewalk, pedestrian right-of-way, or drainage easement; and
       4. d.
          The Director determines that the modification, removal or release:

          1. i.
             Is minor in nature, as defined in this subsection; and
          2. ii.
             Substantially complies with the approved plan. 
       5. e.
          For the purposes of this subsection, a modification, removal or release of a plan provision is “minor” if it:

          1. i.
             Includes deviations of no more than 10% of any Code or PUD-required measurement, such as setback, building height, number of parking spaces, etc., except that deviations that exceed or increase compliance with the required measurement may exceed 10%;
          2. ii.
             Does not violate a condition of approval or a specific standard of the PUD, except as noted above; and
          3. iii.
             Does not require a new waiver of standards and/or does not increase the severity of an existing waiver of standards.
    4. 4.
       Pending completion of an approved PUD, or of the part that has been approved, no modifications of the provisions of the plan, or any part that has been approved, may be made, nor may it be impaired by any act of the City, except with the consent of any property owners within the PUD who are affected by the modification, as determined by the Director.
    5. 5.
       If a PUD was originally tied to an underlying tentative map or zoning application, any applicable amendment procedures for such application shall also be followed.
    6. 6.
       An amendment to a finally approved PUD shall be recorded.

(Ord. # 3954, 04/18/2023; Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

The conditional use permit (CUP) is a discretionary review and approval process intended to apply to uses that are generally consistent with the purposes of the district where they are proposed but require special consideration due to varying operating characteristics or unusual site features. The CUP process ensures that proposed uses can be designed, built, located, and operated in a manner that will not have an adverse impact on surrounding properties and the community. In an effort to minimize those impacts, the Director may recommend, and/or the Commission may impose, conditions of approval that limit or alter one or more operating characteristics of the proposed use.

Effective on: 1/1/1901

Approval of a CUP is required for uses or developments specifically identified in HMC Chapter 19.22 and/or any other section of this Code which requires a CUP.

Effective on: 1/1/1901

Unless otherwise stated in another part of this Code, the Commission shall act as the review authority for CUPs based on consideration of the requirements of this Chapter.

Effective on: 1/1/1901

Applications for a CUP shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures. In addition to any other application requirements, the application for CUP shall include evidence showing that the requested CUP conforms to the required findings set forth in HMC Section 19.22.7, Approval Criteria.

Effective on: 1/1/1901

Notice of public hearings on CUPs shall be provided in accordance with the requirements of HMC Subsection 19.19.5.D, Public Notice.

Effective on: 1/1/1901

An application for a CUP shall require a public hearing before the review authority, pursuant to HMC Subsection 19.19.5.E, Public Hearings.

1. A.
   Within 50 days of receipt of a complete application, the review authority shall hold a public hearing on the proposed CUP request.
2. B.
   At the close of the public hearing, the review authority shall act to approve, approve with conditions, or deny the application, based on HMC Section 19.22.7, Approval Criteria.

Effective on: 1/1/1901

1. A.
   General.

   1. 1.
      The review authority must make all of the following findings in order to approve a CUP application:

      1. a.
         The proposed use complies with all applicable provisions of this Code unless otherwise expressly stated, as well as the policies of the Comprehensive Plan;
      2. b.
         The proposed use is compatible with 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. c.
         Any significant adverse impacts resulting from the use will be mitigated or offset to the maximum practical extent; and
      4. d.
         Public safety, transportation, and utility facilities and services will be available to serve the subject property while maintaining sufficient levels of service for existing development.
2. B.
   Liquor Uses.

   1. 1.
      CUPs for uses that require liquor licenses may be approved by the Commission only if they find that all of the following additional criteria have been met:

      1. a.
         The proposed use, its site design and conditions applied thereto, are intended to result in a facility where littering, loitering, and outdoor disturbance or excessive noise are not likely to occur; and
      2. b.
         The proposed use will not adversely affect the welfare of the neighborhood residents because on-site consumption occurs in designated and properly designed areas indoors or outdoors and that, for package sales locations, adequate measures are proposed that on-site consumption is not likely to occur.

(Ord. # 3954, 04/18/2023; Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

A decision on a CUP may be appealed as provided in HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

Decisions of the Commission shall become effective 10 days after the date the Commission’s decision is filed with the City Clerk unless an appeal to Council is filed. Decisions of the Council shall become effective upon the date of the decision.

Effective on: 1/1/1901

1. A.
   A CUP shall lapse and have no further effect two years from its effective date or at such alternate time specified in the approval unless one or more of the following criteria has been met:

   1. 1.
      A building permit, other than a grading permit, has been issued and construction diligently pursued toward completion of the building.
   2. 2.
      A certificate of occupancy has been issued.
   3. 3.
      The use is established and maintained.
   4. 4.
      The CUP is renewed.
2. B.
   A CUP shall lapse upon termination of a project or expiration of a building permit.
3. C.
   Except as otherwise provided herein, a CUP shall lapse if the rights granted by it are discontinued for 180 consecutive days, or other period of time as specified by the Council as part of a closure plan.
4. D.
   A CUP for a marijuana establishment shall not be effective until the licensee has received State approval and approval of a business license from the City.
5. E.
   Extensions of time may be approved by the Commission when the applicant demonstrates good cause for the extension. The Commission's decision may be appealed to the Council in accordance with the appeal procedures of HMC Section 19.19.6, Review and Decision.
6. F.
   The process by which a discontinued use may be extended is set forth below. Uses can only be extended at the location for which they were originally approved.

   1. 1.
      Established Use. Any established use, defined as a use that was approved and opened for business, which is anticipated to be discontinued for more than 180 days, may be extended as part of an approved closure plan processed through the Community Development and Services Department, which requires Council action. The closure plan must specify the period of time for the extension of the established use. The closure plan does not extend a business license; any business license extension shall be processed through Business Licensing Department procedures.
   2. 2.
      Non-Established Use. Any non-established use, defined as a use that was approved but never opened for business, may be extended through the extension of time process described in HMC Chapter 19.22, Conditional Use Permits. The extension of time must specify the period of time for the extension of the non-established use. The closure plan does not extend a business license; any business license extension shall be processed through Business Licensing Department procedures.

(Ord. # 4050, 12/17/2024) 

Effective on: 12/20/2024

1. A.
   The status of a CUP is not affected by changes of tenancy, ownership, or management.
2. B.
   A CUP for a marijuana establishment shall not be transferable to another location.
3. C.
   Any transferability is subject to approval of applicable licensing requirements.

Effective on: 1/1/1901

A request for changes in conditions of approval of a CUP or a change to development plans that would affect a condition of approval shall be processed in the same manner as the original application. The Director shall be authorized to approve minor modifications that have no potential for significant offsite impacts, provided that they do not involve any of the following:

1. A.
   A five percent or greater increase in building height;
2. B.
   A five percent or greater increase in floor area or building coverage when calculated on a total, aggregate project basis; or
3. C.
   A five percent decrease in common open space.

Effective on: 1/1/1901

Following denial of a CUP request, no new application for the same or substantially the same use shall be accepted within one year of the date of denial, unless denial is made without prejudice.

Effective on: 1/1/1901

Complaints regarding approved CUPs shall be processed in accordance with the provisions of HMC Chapter 19.35, Enforcement.

Effective on: 1/1/1901

Approval of a CUP does not guarantee the issuance or approval of a business license. Licensure must be sought, reviewed, and approved separately in accordance with all applicable regulations for the business license.

Effective on: 1/1/1901

This Section allows the approval of a waiver as part of a Waiver of Standards application or the PUD or Master Plan zone change process, which allows development to occur in a manner that meets the intent of this Code, yet through an alternative design that does not strictly adhere to the Code’s standards. This Section authorizes a site-specific development alternative that is equal to or better than the strict application of the standards of this Code.

Effective on: 1/1/1901

The waiver procedure is available only for the following:

1. A.
   Site or lot area, lot width, setback, height, building coverage, structure spacing, or dwelling size;
2. B.
   HMC Chapters 19.2, Residential Zoning Districts; 19.3, Mixed-Use Zoning Districts; 19.4, Commercial Zoning Districts; 19.5, Industrial Zoning Districts; 19.6, Public and Special Purpose Zoning Districts; 19.7, Planned Community Zoning District; 19.8, Overlay Districts; Zoning District Size may not be modified through a Waiver of Standards.
3. C.
   HMC Section 19.8.4, Hillside Overlay District;
4. D.
   HMC Section 19.10.2, Building Design Standards;
5. E.
   HMC Section 19.10.3, Circulation and Mobility;
6. F.
   HMC Section 19.10.10, Open Space;
7. G.
   HMC Section 19.10.12, Sustainability; and
8. H.
   HMC Section 19.10.13, Operational Performance;
9. I.
   HMC Chapter 19.11, Landscaping Standards Section;
10. J.
    HMC Chapter 19.12, Parking and Loading Standards;
11. K.
    HMC Chapter 19.14, Subdivision Design and Improvements.

(Ord. # 4010, 03/08/2024) 

Effective on: 3/8/2024

An applicant proposing to apply for a waiver may request and attend a pre-application meeting prior to submitting application materials for the applicable entitlement(s), to obtain nonbinding input from the Director regarding proposed benefits. Based on the response, the application should include sufficient explanation and justification, in both written and graphic form, for the requested alternative compliance.

Effective on: 1/1/1901

Final approval of any proposed waiver shall be the responsibility of the Commission for waivers requested through a Waiver of Standards application or Council for waivers requested in conjunction with PUD or MP overlays.

Effective on: 1/1/1901

A waiver may be approved if the applicant demonstrates that all the following criteria have been met by the proposed alternative:

1. A.
   Advances the goals and policies of the Comprehensive Plan and this Code to the same or better degree than the subject standard;
2. B.
   Provides compensating benefits pursuant to this Section;
3. C.
   Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance; and
4. D.
   Even though site characteristics or existing improvements may make strict adherence to the waived regulation(s) impractical or infeasible, the proposal nonetheless conforms to the intent of the regulation(s).

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

Waivers shall be granted only when compensating benefits or amenities are offered that are directly related to the proposed waiver and would not otherwise be required by this Code or State law.

1. A.
   Affordable Housing. Affordable housing units are considered a compensating benefit and may be eligible for a waiver as determined by the Director.
2. B.
   Eligible Compensating Benefits. Compensating benefits may be provided to meet either, or a combination of, the following criteria:

   1. 1.
      Benefits the general public:

      1. a.
         Park(s), trails, or other similar public or cultural facilities;
      2. b.
         Public landscape buffers or beautification areas;
      3. c.
         Public art;
      4. d.
         Permanent conservation of natural areas or lands;
      5. e.
         Increased building setbacks;
      6. f.
         Decreased building height;
      7. g.
         Other benefits as agreed upon by the Director and/or approved by the Commission or Council.
   2. 2.
      Benefits the users, customers, or residents of the proposed development:

      1. a.
         Open space, trails, or other similar recreational amenities;
      2. b.
         Upgrades in architectural design;
      3. c.
         Increased landscaping;
      4. d.
         Increased buffering;
      5. e.
         Permanent conservation of natural areas or lands;
      6. f.
         Secure bicycle facilities, where appropriate;
      7. g.
         Other benefits as agreed upon by the Director and/or approved by the Commission or Council.
3. C.
   If the benefits provided are required by this Code, they must be provided in an amount that exceeds the requirement.

Effective on: 1/1/1901

A waiver shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.

Effective on: 1/1/1901

1. A.
   An approved waiver of standards application shall lapse and have no further effect two years from its effective date or at such alternate time specified in the approval unless:

   1. 1.
      A building permit, other than a grading permit, has been issued and construction diligently pursued;
   2. 2.
      A certificate of occupancy has been issued;
   3. 3.
      The waiver of standards has been granted an extension of time; or
   4. 4.
      When heard in conjunction with a Tentative Map, the expiration date shall match the corresponding application.
2. B.
   Extensions of time may be approved by the Commission when the applicant demonstrates good cause for the extension. The Commission's decision may be appealed to the Council in accordance with the appeal procedures of HMC Section 19.19.6, Review and Decision.

(Ord. # 4050, 12/17/2024) 

Effective on: 12/20/2024

This Chapter establishes procedures to ensure that new development supports the goals and objectives of the Henderson Strong Comprehensive Plan, other adopted plans and guidelines, and the site planning, building design, and architectural standards of this Code or Council approved development standards. The specific purposes of the design review process are to:

1. A.
   Promote excellence in site planning and design and the harmonious appearance of buildings and sites;
2. B.
   Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and
3. C.
   Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed.

Effective on: 1/1/1901

Design review is required for all new development, site improvements, and site alterations to any existing development or site improvements, except the following which are exempt from design review.

1. A.
   Any alteration or improvement not affecting the external appearance of a structure;
2. B.
   Any alterations or additions to a legally-established, conforming, single-family, detached dwelling;
3. C.
   Additions or alterations to any nonresidential or mixed-use building with a building permit valuation of less than $7,500; and
4. D.
   Site plans associated with a master plan or PUD for which site plans and building design/architectural plans have been approved in accordance with the applicable review procedures of this Code.

Effective on: 1/1/1901

1. A.
   Planning Commission. The Commission shall act as the design review authority when a design review application accompanies other accompanying entitlements requiring Commission approval (such as CUPs and variances).
2. B.
   Community Development and Services Director. The Director shall act as the design review authority for all projects that do not meet the criteria listed in the above HMC Subsection 19.24.3.A. for a decision by the Commission. The Director may refer items directly to the Commission when in his/her opinion the public interest would be better served by having the Commission conduct design review.

Effective on: 1/1/1901

Applications for design review shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures. In addition to any other application requirements, the application for design review shall include evidence showing that the proposed design conforms to the review criteria set forth in HMC Section 19.24.7, Approval Criteria or within the Council approved development standards.

Effective on: 1/1/1901

1. A.
   Concurrent Processing. When a development project includes a zone change amendment, variance, waiver or any other discretionary approval, the design review shall be conducted, decided upon, and expire concurrently with the other required approval.
2. B.
   Review and Decision. Design review applications that are not being processed concurrently with other approvals shall be approved, approved with conditions, or denied by the Director within 30 days of receipt of a complete application.

   1. 1.
      Any changes made after final approval must be reviewed and approved by the Director prior to building permit submittal.

(Ord. # 4050, 12/17/2024) 

Effective on: 12/20/2024

Design review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

1. A.
   Building proportions, massing, and architectural details;
2. B.
   Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
3. C.
   Size, location, design, development, and arrangement of on-site parking and other paved areas;
4. D.
   Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;
5. E.
   Height, materials, design, fences, walls, and screen plantings; and
6. F.
   Location and type of landscaping including selection and size of plant materials, and design of hardscape.

Effective on: 1/1/1901

When conducting design review, the review authority shall evaluate applications to ensure that they meet all applicable standards of this Code and all of the following criteria:

1. A.
   The proposal substantially complies with the purposes, intent, and provisions of the Comprehensive Plan and any other applicable plan or design guidelines/standards;
2. B.
   The proposal consists of an arrangement of buildings and structures (pertaining to height, bulk, and setbacks), off-street parking, loading areas, lighting, landscaping, trash collection, and other such pertinent improvements that is or will be compatible with existing and future development on adjacent or neighboring properties;
3. C.
   Any residential proposal provides recreational and service amenities to improve livability for its residents and minimize impacts on adjacent or neighboring properties; and
4. D.
   Site access and circulation do not negatively impact adjacent roadways or neighborhood traffic.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

Design review decisions may be appealed as provided in HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

An approved design review application shall lapse and have no further effect two years after its effective date or at such alternate time specified in the approval unless:

1. A.
   A building permit, other than a grading permit, has been issued and construction diligently pursued;
2. B.
   A certificate of occupancy has been issued;
3. C.
   The use is established; or
4. D.
   The design review has been granted an extension of time.
5. E.
   Extensions of time may be approved by the Commission when the applicant demonstrates good cause for the extension. The Commission's decision may be appealed to the Council in accordance with the appeal procedures of  HMC Section 19.19.6, Review and Decision.

(Ord. # 4050, 12/17/2024) 

Effective on: 12/20/2024

A master sign plan is required for the following:

1. A.
   Proposals seeking modifications to applicable sign regulations.
2. B.
   Non-restricted or limited gaming establishments.
3. C.
   Any nonresidential development with a cumulative gross floor area of 50,000 square feet or more.
4. D.
   Any residential development seeking signage that exceeds the applicable standards in HMC Chapter 19.13, Signs.
5. E.
   Any nonresidential development with a cumulative gross site area of 10 acres or more.
6. F.
   Any development whose signage requires, by Commission or Council action, coordination with its surrounding area or coordination with an approved site and design review plan.
7. G.
   Any other development or circumstance expressly subject to a master sign plan.

(Ord. # 4010, 03/08/2024) 

Effective on: 3/8/2024

Applications for master sign plans shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures. In addition to any other application requirements, the application for a master sign plan shall include evidence showing that the requested master sign plan conforms to the required findings set forth in HMC Section 19.25.6, Approval Criteria.

Effective on: 1/1/1901

A master sign plan shall contain all written and graphic information needed to fully describe the sign program, including the location and dimension of each sign, as well as color schemes, font types, materials, methods of attachment or support, and methods of illumination. A master sign plan shall also include calculation of maximum allowable sign area, and total existing and proposed sign area, for the site.

Effective on: 1/1/1901

1. A.
   Allowable Modifications.

   1. 1.
      A master sign plan may provide for deviations from the maximum height, area, location, design, or any other sign standard as deemed appropriate by the review authority, consistent with this Subsection. 
2. B.
   Approval Criteria. In reviewing any proposed modification(s), the review authority shall clearly establish all of the following:

   1. A.
      There are specific circumstances or conditions applicable to the property, building, adjacent property or buildings, or topography that substantially restrict effectiveness of the sign, if code standards are followed.
   2. B.
      The special circumstances or conditions are unique to the particular business or use and do not apply in general to other businesses or uses in the same zoning district or area.
   3. C.
      The strict interpretation of HMC Chapter 19.13, Signs, would place the business at a disadvantage with other businesses in the same zoning district and area.
   4. D.
      The approval of modification(s) would not adversely affect existing nearby residential uses or structures, or the community overall.
   5. E.
      The approval of modification(s) provides the minimal relief necessary to achieve the desired reasonable degree of visibility for the affected sign.
   6. F.
      For modifications from any regulation for a freestanding sign, the modification must be accompanied by a forfeiture of other signage allowance (e.g. a reduction in the allowable number of signs, a reduction in maximum sign area, etc.) that compensates for the proposed modification. The review authority will determine if the proposed forfeiture is appropriate in scale and effect based upon the extent of the modification requested.

(Ord. # 3954, 04/18/2023; Ord. # 4050, 12/17/2024; Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Planning Commission. The Commission shall be the review authority for any master sign plan application requesting modifications to sign regulations otherwise allowed by this Code and, within 50 days of receipt of a complete application, act to approve, approve with conditions, or deny the application.
2. B.
   Community Development and Services Director. The Director shall be the review authority for all other master sign plan applications and, within 50 days of receipt of a complete application, act to approve, approve with conditions, or deny the application.

Effective on: 1/1/1901

The review authority must make all of the following findings in order to approve a master sign plan:

1. A.
   The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any signage adjoining the surrounding structures on the site; and
2. B.
   Future tenants will be provided with adequate opportunities to construct, erect, or maintain a sign for identification.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

A decision on a master sign plan may be appealed as provided in HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

Master development signs are allowed within the planned community or large aggregate body of developments through a master sign plan, consistent with this Section, or MP. Master development signs are anticipated to include directional and identification signs that do not fall into defined sign types. The master sign plan shall include the number of signs, setback, location, design, and height. Sign locations shall comply with HMC Chapter 19.13, Signs.

Effective on: 1/1/1901

This Chapter provides administrative provisions for all requests to vacate public right-of-way, City easements, or municipal utility easements.

Effective on: 1/1/1901

1. A.
   Applicability. The procedures of this Section shall apply to all requests to vacate or abandon any public right-of-way, City easement other than a Type II municipal utility easement, or the City’s interest in any easement owned by agencies other than the City. Requests to vacate municipal utility easements shall be processed in accordance with HMC Section 19.26.3, Type II Vacations. However, requests for Type II Vacations combined with Type I Vacations shall follow the procedures of this section.
2. B.
   Application Filing. Applications for Type I vacations shall be submitted to the City Surveyor.
3. C.
   Public Hearing Notice. Notice of public hearings on Type I vacations shall be provided pursuant to HMC Subsection 19.19.5.D, Public Notice. Additionally, all owners of property abutting the proposed area to be vacated shall be notified by mail pursuant to a method that provides confirmation of delivery per NRS 278.480.4(a). Notice shall be provided not less than 10 days before and not more than 40 days before the scheduled public hearing.
4. D.
   Director Review and Report. The Director shall review each proposed Type I vacation and distribute the application to other review agencies. Based on the results of those reviews, the Director shall provide a report to the Planning Commission
5. E.
   Planning Commission Review and Recommendation. The Commission shall hold a public hearing on the application and, at the conclusion of the hearing, act to recommend that the Council approve, approve with conditions, or deny the application. If, upon public hearing, the Commission is satisfied that the public will not be materially injured by the proposed vacation, it shall recommend the application be approved. The Commission may make the recommendation conditional such that the vacation becomes effective only upon the fulfillment of the conditions prescribed. The Commission’s recommendation shall be based on whether the application complies with the standards of this Code and NRS Chapter 278.
6. F.
   City Council Review and Decision. The Council shall act to approve, approve with conditions, or deny the application based on whether it complies with the standards of this Code and NRS Chapter 278. If the Council is satisfied that the public will not be materially injured by the proposed vacation, it shall approve the application. The Council may make the order conditional such that the vacation becomes effective only upon the fulfillment of the conditions prescribed.
7. G.
   Recordation.

   1. 1.
      The applicant shall be responsible for preparing all vacation documents except the vacation order.
   2. 2.
      The City shall prepare the vacation order and record all documents with the Clark County Recorder at such time as all conditions of the order, if any, have been fulfilled.
   3. 3.
      If the approved vacation order is not recorded within one year of the date of approval, the approval shall lapse and be of no further effect unless a one-time administrative extension of time has been granted by the Public Works Director on a form established by the Public Works Director.

Effective on: 1/1/1901

1. A.
   Applicability. The procedures of this Section shall apply to all standalone requests to vacate municipal utility easements. The procedures of this Section shall not apply to requests to vacate public rights-of-way, non-municipal utility easements, or the City’s interest in any utility controlled by agencies other than the City such as the easements associated with a Type I vacation. However, requests for Type II Vacations combined with Type I Vacations shall follow the procedures of HMC Section 19.26.2, Type I Vacations.
2. B.
   Application Filing. Applications for Type II vacations shall be submitted to the City Surveyor.
3. C.
   Public Works Director Review and Report. The Public Works Director shall review each proposed municipal utility easement vacation and distribute the application to other review agencies. Based on the results of those reviews, the Public Works Director shall provide a report to the City Council.
4. D.
   City Council Review and Decision. The Council shall act to approve, approve with conditions, or deny the application based on whether it complies with the standards of this Code and NRS Chapter 278. If the Council is satisfied the public will not be materially injured by the proposed vacation, it shall approve the application. The Council may make the order conditional such that the vacation becomes effective only upon the fulfillment of the conditions prescribed.
5. E.
   Recordation.

   1. 1.
      The applicant shall be responsible for preparing all municipal utility easement vacation documents except the municipal utility easement vacation order.
   2. 2.
      The City shall prepare the municipal utility easement vacation order and record all documents with the Clark County Recorder at such time as all conditions of the order, if any, have been fulfilled.
   3. 3.
      If the approved municipal utility easement vacation order is not recorded within one year of the date of approval of the municipal utility easement vacation, the approval shall lapse and be of no further effect unless a one-time administrative extension of time has been granted by the Public Works Director on a form established by the Public Works Director.

(Ord. # 3954, 04/18/2023) 

Effective on: 4/21/2023

This Chapter provides administrative provisions for negotiated and standard development agreements, both of which are intended to offer a method for applicants and the City to agree upon development considerations during project review.

Effective on: 1/1/1901

1. A.
   A standard development agreement is required for parcels of land upon which applicants are not requesting Planned Community (PC) zoning and which also meet any one or more of the following criteria:

   1. 1.
      A project located within the West Henderson Land Use Plan boundary; or
   2. 2.
      A project located within a public facilities needs assessment area.
2. B.
   A standard development agreement may be appropriate for other projects, as determined by the Council or recommended by the Development Agreement Advisory Committee (DAAC).

Effective on: 1/1/1901

1. A.
   A negotiated development agreement is required for parcels of land upon which applicants are requesting Planned Community (PC) zoning.
2. B.
   A negotiated development agreement may be appropriate for other projects, as determined by the Council or recommended by the Development Agreement Advisory Committee (DAAC).
3. C.
   Development projects that include one or more of the following are subject to a negotiated development agreement unless otherwise determined by the DAAC:

   1. 1.
      A local improvement district or modification to a local improvement district pursuant to NRS Chapter 271;
   2. 2.
      A refunding agreement entered into pursuant to HMC Chapter14.16;
   3. 3.
      A request to waive residential construction tax;
   4. 4.
      An annexation of any size;
   5. 5.
      Projects with a Sensitive Lands overlay or projects requiring a plan for environmental remediation;
   6. 6.
      A project requiring the preservation or renovation of historic structures;
   7. 7.
      A project for which a request for an owner participation agreement or tax-increment financing is made;
   8. 8.
      A Project of Significant Impact (see HMC Chapter 19.37.1, Definitions);
   9. 9.
      A project that includes one or more of the following:

      1. a.
         A facility that generates more than 50 megawatts of electricity;
      2. b.
         A natural gas storage or peak-shaving facility; or
      3. c.
         A gas regulator station or main that operates or is capable of operating at over 200 pounds per square inch.
   10. 10.
       Property proposed for a master plan development overlay where existing infrastructure is not of sufficient capacity to support the proposed development;
   11. 11.
       Property acquired through a Bureau of Land Management (BLM) land sale;
   12. 12.
       Property acquired through a City sale pursuant to NRS 268.048 et seq.;
   13. 13.
       Development of a property currently or previously subject to an inactive, non-compliant, or cancelled development agreement;
   14. 14.
       Proposed amendments or development changes to property currently subject to any one or more of the above;
   15. 15.
       A proposal to redevelop or change the use of a golf course, park, open space or PS-zoned land; or
   16. 16.
       A project consisting of or containing an age-restricted community.
   17. 17.
       A project consisting of a Zoo.

Effective on: 1/1/1901

1. A.
   Concept Plan Review Required. For any project that requires or could require a development agreement, the applicant shall submit an application for a concept plan review pursuant to HMC Subsection 19.19.4.C, Concept Plan Review. Concept plan review for development agreements shall be coordinated between City staff and the DAAC.
2. B.
   Determination of Appropriateness. The Community Development and Services Department shall collaborate with the DAAC to make a determination whether a development agreement is the appropriate method for development of the project and if so, whether a negotiated or a standard development agreement is appropriate.

   1. 1.
      If the DAAC determines that a negotiated development agreement is appropriate, the applicant shall submit an application for the development agreement.
   2. 2.
      If the DAAC does not authorize the applicant to proceed using a standard development agreement, the City will then prepare and negotiate the development agreement with the applicant.
   3. 3.
      If the DAAC determines that a standard development agreement is appropriate, the City will provide the applicant with a proposal consisting of a standard development agreement. If at any time the applicant elects not to use the standard development agreement, the City will then prepare and negotiate a negotiated development agreement with the applicant.
3. C.
   Entitlements. Entitlements related to the standard development agreement will follow the normal entitlement process. Standard development agreements will not require Commission approval but shall be executed and approved by ordinance prior to issuance of any building permits.
4. D.
   Planning Commission Review. If the development agreement includes the permitted uses of land and development regulations, Commission must review the development agreement and make a recommendation to Council regarding the appropriate action.
5. E.
   Approval by Ordinance. All development agreements shall be approved by ordinance in a manner consistent with NRS 278.
6. F.
   Effect. Any entitlements related to a property or project that has been determined to be subject to a development agreement will be conditioned to require the execution and approval of the development agreement prior to the issuance of any building permit. Once a development agreement has been adopted by ordinance, no building permit shall be issued unless a valid development agreement remains in effect and the Applicant is not in breach of the development agreement terms.

Effective on: 1/1/1901

A development agreement shall conform to the applicable requirements of NRS 278.0201 et seq. and NRS 278.02591 et seq., and:

1. A.
   Must contain provisions:

   1. 1.
      Describing the land that is the subject of the development agreement;
   2. 2.
      Specifying the duration of the development agreement;
   3. 3.
      Specifying events that constitute breach of the development agreement; and
   4. 4.
      Providing periods during which any breach may be cured.
2. B.
   May contain provisions specific to the type of development, including:

   1. 1.
      The reservation or dedication of any portion of the land for public use or for the payment of fees in lieu thereof, including, but not limited to rights-of-way, easements, or public facilities, as may be required or permitted pursuant to laws, ordinances, resolutions, rules or plans adopted by the City and in effect at the time of entering into the development agreement;
   2. 2.
      The protection of environmentally sensitive lands;
   3. 3.
      The preservation and restoration of historic structures;
   4. 4.
      The phasing or timing of construction or development on the land, including, without limitation, the dates on which all or any part of the construction or development must commence and be completed, and the terms on which any deadline may be extended. Each portion or phase of development or improvement contemplated should be able to stand alone, independent of proposed further phases or improvements. Subsequent phases of development may be added to completed phases to achieve independent status;
   5. 5.
      The conditions, terms, restrictions, and requirements for infrastructure on the land and the financing of the public infrastructure by a person having a legal or equitable interest in the land;
   6. 6.
      The conditions, terms, restrictions, and requirements for annexation of land by the city or county and the phasing or timing of annexation by the city or county;
   7. 7.
      The conditions, terms, restrictions, and requirements relating to the intent of the governing body to include the land in an improvement district created pursuant to NRS 271;
   8. 8.
      The conditions, terms, restrictions, and requirements relating to any applicable public facilities needs assessment approved for the area in which the subject property is located;
   9. 9.
      A schedule of fees and charges;
   10. 10.
       A description of the laws, ordinances, codes, resolutions, rules, regulations, plans, design, and improvement standards by name and date of adoption applicable to the project. Unless specified in the development agreement or unless directly in conflict with what is specified in the development agreement, the laws, ordinances, codes, resolutions, rules, regulations, plans, and design and improvement standards adopted by the Council and in effect at the time of issuance of any required construction or building permit shall apply;
   11. 11.
       Any conditions imposed by other land use and permit approvals allowed by law as of the effective date of the development agreement;
   12. 12.
       Security for the construction of the required common area and public improvements in an amount sufficient to complete all required improvements and to remove all rubbish, trash, debris, surplus material, and equipment from the area as determined by the DAAC. Security shall be by such good and sufficient bond or other security as is deemed appropriate by the Council to protect the public interest;
   13. 13.
       An indemnity and insurance clause requiring the developer, applicant, and property owner to indemnify the City against certain claims arising out of the development;
   14. 14.
       An allowance for the waiver of any other provision of the HMC consistent with the purpose of the development agreement;
   15. 15.
       A review of compliance with the development agreement terms and conditions every 24 months or sooner as specified in the approved development agreement;
   16. 16.
       Any other matters relating to the development of the land; and
   17. 17.
       The permitted uses of the land and development regulations including:

       1. a.
          A land use development plan;
       2. b.
          Subdivision design and improvement standards;
       3. c.
          General development standards;
       4. d.
          Standards for signs;
       5. e.
          Provisions for nonconformities;
       6. f.
          The density or intensity of the use of the land; and
       7. g.
          The maximum height and size of any proposed buildings.
3. C.
   Nothing in this Section shall be construed to preclude the City from concurrently utilizing any other entitlement process or processes described in this Code in conjunction with any development agreement prepared pursuant to this Chapter.

Effective on: 1/1/1901

1. A.
   A negotiated development agreement may be amended or cancelled by the City in whole or in part, with or without the consent of the other parties to the development agreement or their successors in interest, for any reason set forth in NRS 278.0205 and in accordance with procedures set forth in NRS 278.0205 and NRS 278.02053.
2. B.
   If a negotiated development agreement has been cancelled in whole or in part pursuant to NRS 278.0205, and unless a new development agreement is entered into to replace the cancelled development agreement or portion thereof, the property previously the subject of the development agreement shall maintain its zoning unless otherwise specified in the development agreement. The property is then subject to a City-initiated zone change application or an applicant-initiated zone change application in conformance with the requirements set forth in HMC Chapter 19.21, Comprehensive Plan and Zoning Amendments.
3. C.
   Amendments to negotiated development agreements that include the permitted uses of land and development regulations must be reviewed by Commission and referred to Council for appropriate action, and shall be approved by ordinance in a manner consistent with NRS Chapter 278.
4. D.
   Prior to the expiration of its term, a standard development agreement may be released upon the property owner’s request and City’s determination that all obligations of the standard development agreement have been fully satisfied. The release shall be approved by ordinance and recorded in a manner consistent with NRS Chapter 278 to be effective. Any future development on a parcel upon which a release of standard development agreement has been recorded may be subject to a new standard or negotiated development agreement.

Effective on: 1/1/1901

This Chapter is intended to provide a mechanism for relief from the strict application of this Code when necessary to relieve peculiar and exceptional practical difficulties or exceptional and undue hardships resulting from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site.

Effective on: 1/1/1901

Variances may be granted for the following standards, but may not be granted to allow uses or activities that this Code does not authorize for a specific lot or size.

1. A.
   Site or lot area, lot width, setback, height, building coverage, structure spacing, or dwelling size;
2. B.
   Any of the off-street parking and loading standards in HMC Section 19.12.3, Parking and Loading and HMC Chapter 19.9, Use Regulations;
3. C.
   Any of the landscaping and buffering standards, except the addition of nonfunctional turf in HMC Chapter 19.11, Landscaping Standards;
4. D.
   Any of the performance standards of HMC Section 19.10.13, Operational Performance; and
5. E.
   Any of the sign standards of HMC Chapter 19.13, Signs.

Effective on: 1/1/1901

The Commission shall act as the review authority for variance applications based on consideration of the requirements of this Chapter.

Effective on: 1/1/1901

Applications for a variance shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures. In addition to any other application requirements, the application for a variance shall include evidence showing that the requested variance conforms to the required findings set forth in HMC Section 19.28.7, Approval Criteria.

Effective on: 1/1/1901

Notice of public hearings on variances shall be posted and mailed in accordance with the requirements of HMC Subsection 19.19.5.D, Public Notice.

Effective on: 1/1/1901

An application for a variance shall require a public hearing before the Commission, pursuant to Subsection 19.19.5.E, Public Hearings.

1. A.
   Within 50 days of receipt of a complete application, the Commission shall hold a public hearing on the proposed variance request.
2. B.
   At the close of the public hearing, the Commission shall act to approve, approve with conditions, or deny the application, based on HMC Section 19.28.7, Approval Criteria.

Effective on: 1/1/1901

The review authority must make all the following findings in order to approve or conditionally approve a variance application:

1. A.
   Because of special circumstances or conditions applicable to the subject property, including narrowness, hollowness, shape, exceptional topography, or other extraordinary or exceptional situations or conditions, strict application of the requirements of this ordinance would result in peculiar and exceptional difficulties or undue hardships, not including financial or self-imposed hardships, for the property owner;
2. B.
   The variance may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources, and without detriment or injury to property or improvements in the vicinity of the development site or to the public health, safety, or general welfare;
3. C.
   The variance is consistent with the purposes of this Code;
4. D.
   Granting the variance will not constitute a grant of special privilege; and
5. E.
   Granting the variance will not allow a use that is otherwise prohibited in the underlying zoning district.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

Within five days of the Director’s decision on an adjustment, the Director shall mail the notice of decision to the applicant and all other parties who have made written request for notification.

Effective on: 1/1/1901

Variance decisions may be appealed as provided in HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

1. A.
   A variance shall lapse and have no further effect two years from its effective date or at such alternate time specified in the approval unless one or more of the following criteria has been met:

   1. 1.
      A building permit has been issued and construction diligently pursued.
   2. 2.
      A certificate of occupancy has been issued.
   3. 3.
      The structure is established.
   4. 4.
      The variance has been granted an extension of time.
2. B.
   A variance shall lapse if the rights granted by it are discontinued for 180 consecutive days.

(Ord. # 4050, 12/17/2024) 

Effective on: 12/20/2024

Extensions of time may be approved by the Commission when the applicant demonstrates good cause for the extension. The Commission's decision may be appealed to the Council in accordance with the appeal procedures of HMC Section 19.19.6, Review and Decision.

(Ord. # 4050, 12/17/2024)

Effective on: 12/20/2024

The status of a variance is not affected by changes of tenancy, ownership, or management.

Effective on: 1/1/1901

A request for changes in conditions of approval of a variance or a change to development plans that would affect a condition of approval shall be processed as a new application.

Effective on: 1/1/1901

Following denial of a variance request, no new application for the same or substantially the same matter shall be accepted within one year of the date of denial, unless denial is made without prejudice.

Effective on: 1/1/1901

This Chapter provides administrative provisions for all land division applications, which include parcel maps, boundary line adjustments, tentative maps, final maps, and reversions to acreage.

Effective on: 1/1/1901

1. A.
   Applicability. Parcel maps shall be required for all nonexempt subdivisions consisting of four or fewer lots. The procedures of this Section shall apply to all parcel maps.
2. B.
   Application Filing. Applications for a parcel map shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures.
3. C.
   Review and Decision. The Director shall, within 45 days of a complete application, act to approve, approve with conditions, or deny the application. Failure to take action within 45 days shall constitute approval of the application, unless the time frame is extended by mutual agreement. No parcel map shall be approved unless the Director, City Surveyor, and City Engineer find that the map complies with all applicable standards of this Code and NRS 278.
4. D.
   Civil Drawings. Prior to submitting the parcel map or starting construction of any required improvements, civil drawings shall be submitted to the Public Works Director for review. Prior to submittal of the parcel map for City signatures, bonds, fees, and civil drawings must be approved and the applicant shall pay all required fees.
5. E.
   Recording; Lapse of Approval. The applicant shall be responsible for recording approved parcel maps with the Clark County Recorder. If the approved parcel map is not recorded within one year of the date of approval of the parcel map, the parcel map approval shall expire and be of no further effect.
6. F.
   Appeals. Parcel map decisions may be appealed as provided in HMC Section 19.19.6, Review and Decision.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Applicability. The procedures of this Section shall apply to all boundary line adjustments.
2. B.
   Application Filing. Applications for a boundary line adjustment shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures. Boundary line adjustments shall be accomplished through a record of survey pursuant to NRS 278.5692 and NRS 278.5693.
3. C.
   Review and Decision. The Director shall, within 30 days of a complete application, act to approve, approve with conditions, or deny the application. Failure to take action within 30 days shall constitute approval of the application, unless the time frame is extended by mutual agreement.
4. D.
   General Standards. No boundary line adjustment shall be approved unless the Director and City Surveyor find that the proposed adjustment complies with all applicable standards of this Code, NRS 278, and the following:

   1. 1.
      No additional lots shall be created;
   2. 2.
      No parcel shall be created that is smaller than allowed by the underlying zoning district;
   3. 3.
      No parcel shall be created that does not have paved road access;
   4. 4.
      The application shall comply with all other applicable requirements of this Code and all other applicable regulations; and
   5. 5.
      All other mapping options should be explored before a boundary line adjustment is considered.
5. E.
   Recording; Lapse of Approval. The applicant shall be responsible for recording approved boundary line adjustments by record of survey with the Clark County Recorder. If the approved boundary line adjustment is not recorded within one year of the date of approval of the boundary line adjustment, the approval shall lapse and be of no further effect. A copy of the recorded record of survey must be returned to the City within 15 days of recording.
6. F.
   Appeals. Boundary line adjustments decisions may be appealed as provided in HMC Section 19.19.6, Review and Decision.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Applicability. Tentative maps shall be required for all nonexempt subdivisions consisting of five or more lots. The property included within the boundaries of the proposed tentative map shall coincide with platted lands or deed boundaries or must be platted prior to the recordation of the first final map.

   1. 1.
      Exception, Large Parcel Divisions. Divisions of land where each proposed lot is at least 40 acres in area, including roads and easements, or one sixteenth of a section, as described by a government land office, but equal to or less than one section or 640 acres, may be processed in accordance with the large parcel division procedures of NRS 278.471 to 278.4725.
2. B.
   Application Filing. Applications for a tentative map shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures.
3. C.
   Review and Decision. The Commission shall, within 45 days of receipt of a complete application, act to approve, approve with conditions, or deny the application. If the Commission is taking final action on the application, it shall do so by an affirmative vote of a majority of all members, pursuant to NRS 278.349(4). If the tentative map application is heard by the Commission with another application requiring final action by Council, the Commission may take action by a majority vote of a quorum, and the Council vote shall be by a majority of all members.
4. D.
   Approval Criteria.

   1. 1.
      No tentative maps shall be approved unless the Commission considers all the following:

      1. a.
         Compliance with environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community or public sewage disposal, and, where applicable, individual systems for sewage disposal, pursuant to NRS.278.349;
      2. b.
         Availability of water that meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision;
      3. c.
         Availability and accessibility of utilities;
      4. d.
         Availability and accessibility of public services such as schools, police and fire protection and accessibility of water services, transportation, recreation facilities, and parks;
      5. e.
         Consistency with the zoning district regulations;
      6. f.
         Conformity with the Master Transportation Plan;
      7. g.
         Effect of the proposed subdivision on existing public rights-of-way and the need for new streets or highways to serve the subdivision;
      8. h.
         Effect of the proposed subdivision on existing trails network;
      9. i.
         Physical land characteristics, such as floodplain, slope, soil, and elevation differentials with abutting properties;
      10. j.
          Recommendations and comments of review authorities;
      11. k.
          The availability and accessibility of fire protection, including, but not limited to, the availability of water and services for the prevention and containment of fires, including fires in wild lands;
      12. l.
          The potential impacts to wildlife and wildlife habitat; and
      13. m.
          The submission by the subdivider of an affidavit stating that the subdivider will make provisions for payment of the real property transfer tax imposed by NRS 375 and for compliance with the disclosure and recording requirements of Subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest pursuant to NRS 278.349(3)(k).
5. E.
   Lapse of Approval.

   1. 1.
      An approved tentative map shall lapse and be of no further force and effect four years after the date of tentative map approval by the Commission unless one of the following occurs:

      1. a.
         A final map for the subdivision is recorded; or
      2. b.
         The first of a series of final maps covering a portion of the approved tentative map is recorded. Subsequently, the subdivider shall record a series of final maps, each covering a portion of the approved tentative map, within successive two-year periods after the date of recordation of the latest final map in the series.
   2. 2.
      If the subdivider fails to record a final map for any portion of the tentative map within four years after the date of approval of the tentative map or within two years after the date of recordation of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
   3. 3.
      The Commission may grant an extension of time of up to two years for the recordation of any final map in cases where the subdivider is presenting a series of successive final maps and the first map in the series has been previously recorded. If the subdivider is submitting final maps for a phased subdivision in a timely manner, no new requirements or conditions other than those imposed on each of the final maps in the series may be placed on the final map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws that affect the public health, safety or welfare.
6. F.
   Correction and Amendments of Tentative Maps. Tentative maps may be corrected and amended as follows.

   1. 1.
      Minor Changes.

      1. a.
         Minor changes in an approved tentative map may be approved by the Director and City Engineer upon application by the subdivider or on the City’s initiative, provided that:

         1. i.
            No residential lots, units or structures are added;
         2. ii.
            Changes are consistent with the intent of the original tentative map approval; and
         3. iii.
            There are no resulting violations of the Municipal Code.
   2. 2.
      Substantive Changes. Amendments of the tentative map that in the opinion of the Director or City Engineer are not minor shall be referred to the Commission for a decision, subject to the procedures for processing a tentative map set forth in this Chapter.
   3. 3.
      Effect of Administrative Amendments. Any approved administrative amendment shall not alter the expiration date of the tentative map.
7. G.
   Appeals. Tentative map decisions may be appealed as provided in HMC Section 19.19.6, Review and Decision.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Application Filing. Applications for a final map shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures, within four years of the tentative map approval pursuant to NRS 278.360(1)(a). The proposed final map shall substantially comply with the finally approved tentative map pursuant to NRS 278.378(2), and all conditions must be met.
2. B.
   Review and Decision. The Director shall act to approve, approve with conditions, or deny the application, based on whether the final map substantially complies with the approved tentative map and whether it complies with this Code and all other applicable regulations pursuant to NRS 278.380(1)(b). If the proposed final map does not substantially comply with the approved tentative map, the final map request shall be considered a new application.
3. C.
   Acceptance of Dedications. In approving a final map, the Director and the City Engineer shall be authorized to accept or reject offers of dedications and to require improvements of streets and easements.
4. D.
   Civil Drawings Required. Prior to submitting the parcel map or starting construction of any required improvements, civil drawings shall be submitted to the Public Works Director for review. Prior to submittal of the parcel map for City signatures, bonds, fees, and civil drawings must be approved and the applicant shall pay all required fees.
5. E.
   Certificates and Acknowledgments. The certificates and acknowledgments required by the applicable provisions of NRS 278 and the City shall appear on a final map.
6. F.
   Recording; Lapse of Approval. The applicant shall be responsible for recording the approved final map with the Clark County Recorder. If the approved final map is not recorded within one year of the date of approval of the final map, the approved final map shall lapse and be of no further effect.
7. G.
   Copy of Recorded Map to be Delivered to City. Within 15 days of recordation of the final map, the subdivider shall submit the conformed copy of the recorded map, along with an application for street addressing, to the Community Development and Services Department for establishment of street addresses and storage in the City of Henderson record documents.
8. H.
   Effect of Approval. Following approval of the final map by the Director, the subdivider may obtain a building permit for the subject property or transfer, sell, agree to sell, or negotiate to transfer or sell the subject lots.
9. I.
   Title to Dedicated Property. Title to property accepted for dedication passes when the final map is recorded. If offers of dedication are rejected at the time of final map approval, offers of dedication shall be deemed to remain open. The Council may, by resolution at any later date and without further action by the subdivider, rescind its action of nonacceptance and accept and open the streets for public use, which acceptance shall be recorded in the office of the Clark County Recorder and be so noted on the subdivision map by the Clark County Recorder.

Effective on: 1/1/1901

1. A.
   Applicability. The procedures of this Section shall apply to all requests for reversions (to acreage) of any subdivision map, parcel map, map of large parcel division, or any part thereof.
2. B.
   Mandatory Conference. Prior to filing an application for a reversion to acreage, an applicant shall conduct a conference with the City Surveyor to ensure the City has full information on the proposal.
3. C.
   Application Filing. Applications for a reversion to acreage shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures.
4. D.
   Review and Decision. The Director shall, within 45 days of receipt of a complete application, act to approve or deny the application, based on whether it complies with the standards of this Code and NRS 278.490.
5. E.
   Merger and Resubdivision Maps.

   1. 1.
      In lieu of reverting pre-existing parcels to acreage in accordance with NRS 278.490, two or more contiguous parcels may be merged and resubdivided into new parcels or lots in accordance with the procedures of NRS 278.4925.
   2. 2.
      Parcels or lots merged without reversion to acreage must be resubdivided and recorded on a final map, parcel map or map of division into large parcels, as appropriate, in accordance with NRS 278 and any applicable local ordinances.
6. F.
   Recordation. The applicant shall be responsible for recording the reversionary map with the Clark County Recorder. If the approved reversionary map is not recorded within one year of the date of approval of the reversion to acreage, the approval shall lapse and be of no further effect. The applicant shall return the recorded copy to the City within 15 days of recording.

Effective on: 1/1/1901

The purpose of this Chapter is to establish a means of granting administrative relief from locational, developmental, and operational standards where doing so would be consistent with this Code and the Henderson Strong Comprehensive Plan, and where it is not practical to approve a variance.

Effective on: 1/1/1901

The Director shall act as the review authority for administrative adjustment applications based on consideration of the requirements of this Chapter except in the case of concurrent processing pursuant to HMC Section 19.30.5, Procedures.

Effective on: 1/1/1901

Applications for an adjustment shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures. In addition to any other application requirements, the application for an adjustment shall include evidence showing that the requested adjustment conforms to the required findings set forth in HMC Section 19.30.6, Approval Criteria. The applicant shall also submit plans delineating the requested adjustment.

Effective on: 1/1/1901

Administrative adjustments are authorized as provided in Table 19.30.4-1, Allowable Administrative Adjustments.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

1. A.
   Concurrent Processing. If a request for an adjustment is being submitted in conjunction with an application for another entitlement, the adjustment will be reviewed and decided upon as part of the entitlement application.
2. B.
   Review and Decision. Unless the Commission or Council is the review authority for another entitlement being processed concurrently with the adjustment, Director shall act to approve, approve with conditions, or deny the application based on the findings set forth in HMC Section 19.30.6, Approval Criteria.

Effective on: 1/1/1901

The review authority must make all of the following findings in order to approve an adjustment application. In accordance with NRS 278, an applicant for such an adjustment will be required to obtain written consent of any real property owner the Director determines will be affected by the requested adjustment.

1. A.
   The requested adjustment is consistent with the stated purposes of this Code.
2. B.
   The adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands and will not pose a danger to the public health or safety.
3. C.
   The adjustment will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.
4. D.
   Any adverse impacts resulting from the adjustment will be mitigated to the maximum practical extent.
5. E.
   The adjustment is of a technical nature (e.g., relief from a dimensional or design standard), and is either:

   1. 1.
      Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general; or
   2. 2.
      Proposed to protect sensitive natural resources or better integrate development with the desert environment.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

Within five days of the Director’s decision on an adjustment, the Director shall mail the notice of decision to the applicant and all other parties who have made written request for notification.

Effective on: 1/1/1901

Decisions on adjustments may be appealed as provided in HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

This Chapter provides administrative provisions for distance separation analyses. A distance separation analysis is utilized to measure the distances between a proposed use and a protected use, as defined by this Code. This analysis is used to determine if the proposed use meets the required distance separation from one or more protected uses and if waivers, if applicable, are needed for the proposed use to proceed. The distance separation analysis shall be completed by city staff.

Effective on: 1/1/1901

Applications for distance separation analysis shall be submitted to the Director.

Effective on: 1/1/1901

The Director shall review each proposed distance separation analysis application and, as deemed necessary, distribute the application to other reviewers. Based on the results of those reviews, the Director shall provide a final determination to the applicant.

Effective on: 1/1/1901

Within seven working days of submittal of a complete application, the Director shall provide notice of the decision to the applicant and all other parties who have made a written request for notification.

Effective on: 1/1/1901

1. A.
   A distance separation analysis determination for liquor, massage, reflexology, smoke/tobacco shop establishment, teenage dancehall, teenage nightclub, sexually-oriented business, check cashing/deferred deposit/high-interest loans/auto title loans, and general day care and group child care facility uses shall lapse 60 days from notice of decision.
2. B.
   A distance separation analysis determination for marijuana establishment use shall lapse 120 days from notice of decision.

Effective on: 1/1/1901

Appeals of the Director’s distance separation analysis determination shall be made to the Commission in accordance with the appeal procedures of HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

This Chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

Effective on: 1/1/1901

The Director shall act as the review authority for temporary use permits based on consideration of the requirements of this Chapter.

Effective on: 1/1/1901

Applications for a temporary use permit shall be filed with the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures, at least 10 days before the use is intended to begin unless waived by the Director. In addition to any other application requirements, the application for a temporary use permit shall include evidence showing that the requested temporary use permit conforms to the required findings set forth in HMC Section 19.32.5, Approval Criteria.

Effective on: 1/1/1901

Within 10 days of receipt of a complete application, the Director shall act to approve, approve with conditions, or deny the application based on the findings set forth in HMC Section 19.32.5, Approval Criteria.

Effective on: 1/1/1901

The Director must make all of the following findings in order to approve or conditionally approve a temporary use permit application:

1. A.
   The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance; 
2. B.
   The proposed use will not be detrimental to the health, safety, or general welfare of the City; and
3. C.
   The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

The Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit listed in HMC Section 19.32.5, Approval Criteria, including, but not limited to:

1. A.
   Provision for temporary parking facilities, including vehicle ingress and egress;
2. B.
   Measures to prevent or reduce nuisance factors such as glare, excessive illumination, noise, vibration, smoke, dust, dirt, odors, gases, and heat;
3. C.
   Regulation of placement, height, size, and location of structures, facilities, landscaping and equipment, including provision for buffering and separation;
4. D.
   Provision for sanitary facilities and for waste collection and disposal;
5. E.
   Measures to promote safety and security;
6. F.
   Regulation of signs and other attention-gaining devices;
7. G.
   Regulation of operating hours and duration of the temporary commercial use;
8. H.
   Regulation of the hours and duration of set-up and dismantling activities;
9. I.
   Compliance with applicable provisions of the HMC; and
10. J.
    Any other conditions that will ensure the operation of the proposed temporary use is conducted in an orderly, efficient manner, is not detrimental to the public health, safety, or general welfare of the community, and is in accordance with the intent and purpose of this Code.

Effective on: 1/1/1901

An approved temporary use permit shall be effective on the date of its approval.

Effective on: 1/1/1901

The holder of a temporary use permit shall be responsible for leaving the property free of debris, litter, or other evidence of the temporary use immediately upon completion or removal of the use. If the holder of the temporary use permit is not the record owner of the property, the holder and the property owner(s) are jointly and severally responsible for compliance with this Section.

Effective on: 1/1/1901

1. A.
   Time Limits. Temporary use permits shall be valid for a specified period of time, not to exceed 30 days, except for Holiday Events and Sales/Rental as described in Section 19.9.9.D.3. Any temporary uses requested for periods of time exceeding 30 days or other time limit as specified for the specific temporary use as listed in HMC Chapter 19.9, Use Regulations, shall obtain a CUP in accordance with HMC Chapter 19.22, Conditional Use Permits.
2. B.
   Lapse of Approval. A temporary use permit shall lapse if not used within the dates approved.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

A decision on a temporary use permit may be appealed as provided in HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

A temporary use permit may be revoked or modified by the Director, upon notice to the permit holder, if the Director finds that:

1. A.
   The permit was obtained by misrepresentation or fraud;
2. B.
   The activity is not in compliance with the permit or any condition of approval;
3. C.
   The use to be allowed by means of the permit is conducted in violation of any applicable statute, ordinance, or regulation; or
4. D.
   The permit is being employed to circumvent the limitations of this Code.

Effective on: 1/1/1901

It is the policy of the City to provide individuals with disabilities reasonable accommodation in its rules, policies, practices, and procedures to ensure the equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (referred to herein as the “Federal Acts.”) This Chapter provides a procedure for making requests for reasonable accommodations in land use and zoning policies, practices, and procedures of the City to comply fully with the intent and purpose of the Federal Acts. Nothing in this Chapter requires persons with disabilities or operators of Community Residences for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this Chapter.

Effective on: 1/1/1901

1. A.
   Eligible Applicants.

   1. 1.
      A request for a reasonable accommodation to any provision of this Code or any related policy or practice may be made by any person with a disability, his or her representative (e.g. family member, care provider, etc.), or a provider of housing for persons with disabilities, when the application of such provision, policy or practice may act as a barrier to affording such person equal opportunity to use and enjoy a dwelling.
   2. 2.
      A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. While a person recovering from substance abuse is considered a person with a disability, a person who is currently engaging in the current illegal use of controlled substances is not.
   3. 3.
      This Chapter is intended to apply to those persons who are defined as disabled or handicapped under the Federal Acts.
2. B.
   Eligible Requests.

   1. 1.
      A request for a reasonable accommodation may include a modification or exception to the provisions of this Code, or any policies, rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to use and enjoy a dwelling of his or her choice.
   2. 2.
      The City will provide the assistance necessary to the applicant in making a request for a reasonable accommodation. A request by an applicant for reasonable accommodation may be made orally or in writing, although requests made in writing may be encouraged by city staff to avoid misunderstandings and maintain an accurate record of the request. The City shall assist the applicant by furnishing any information maintained by the City as a public record, such as city ordinances, policies, rules and regulations, necessary for processing the reasonable accommodation request.
   3. 3.
      Notice of the availability of a reasonable accommodation shall be prominently displayed at all public information counters in the City’s Community Development and Services Department and City Clerk’s Office. Forms for requesting reasonable accommodations shall be available to the public in the Community Development and Services Department or upon request.
   4. 4.
      If the information provided by the applicant includes medical information or records of the applicant, including records indicating medical condition, diagnosis, or medical history of the applicant, the City, to the extent permitted by law, shall treat such information as confidential information of the City. The City shall provide written notice to the applicant and any person designated by the applicant to represent the applicant in the application process, of any request received by the City for disclosure of the medical information or documentation which the applicant has provided to the City. The City will cooperate with the applicant, to the extent permitted by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.

Effective on: 1/1/1901

1. A.
   The Community Development and Services Department shall provide applicants for a reasonable accommodation with an application form eliciting the following information:

   1. 1.
      The applicant’s name, address and telephone number;
   2. 2.
      The name, address, and telephone number of the property owner and the current address for which the request is being made;
   3. 3.
      The current actual use of the property;
   4. 4.
      The basis for the claim that the applicant is considered disabled under the Federal Acts or provides housing for persons considered disabled under the Federal Acts. Only that information necessary to evaluate the reasonable accommodation shall be requested. Medical records and detailed information regarding an individual’s disability are usually not necessary for this inquiry. All information submitted in support of the basis of a claim of disability shall be retained in a manner so as to respect privacy rights of the applicant and shall not be made available for public inspection;
   5. 5.
      The Code provision, regulation or policy from which reasonable accommodation is being requested; and
   6. 6.
      An explanation why the reasonable accommodation is necessary to make specific property available for the individual.

2. B.
   The Community Development and Services Department shall assist the applicant in completing the form, as necessary, or shall elicit oral information from the applicant necessary for the Department to complete the form. In the event the Department completes the form by eliciting oral information from the applicant, the Department shall read the completed form to the applicant to ensure its accuracy and shall provide a copy of the completed form to the applicant.
3. C.
   A reasonable accommodation shall not affect an individual’s obligation to comply with other applicable regulations not at issue in the requested accommodation.

Effective on: 1/1/1901

1. A.
   A request for a reasonable accommodation shall be reviewed, and a determination made, by the Director’s designee.
2. B.
   The Director’s designee shall make a written determination within 30 days of the submittal of a complete application and either approve, approve with modifications, or disapprove a request for a reasonable accommodation in compliance with this Chapter.
3. C.
   If necessary to reach a determination on the request for reasonable accommodation, the Director of Community Development and Services may request further information from the applicant consistent with the Federal Acts, specifying in detail the information that is required. In the event that a request for further information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.
4. D.
   The written determination on the request for a reasonable accommodation shall include the findings and any other relevant information upon which the decision is based. All written determinations shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process.

Effective on: 1/1/1901

1. A.
   The written decision to approve or disapprove a request for a reasonable accommodation will be consistent with the Federal Acts and shall be based on consideration of all of the following factors:

   1. 1.
      Whether the housing, which is the subject of the request, will be used by one or more individuals with a disability as defined under the Federal Acts;
   2. 2.
      Whether the request for a reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Federal Acts;
   3. 3.
      Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City (this determination will be made on a case by case basis and will involve various factors); and
   4. 4.
      Whether the requested accommodation would fundamentally alter the nature of a City program or law, including but not limited to land use and zoning.
2. B.
   If the City determines that the applicant’s request would impose an undue financial or administrative burden on the City, or fundamentally alter a city program or law, it may propose an alternative accommodation that would provide an equal benefit. In the event the City makes a determination not to accommodate an applicant’s initial request, this determination shall be documented.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

A grant or grant with modifications of reasonable accommodation made in compliance with this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances, such as in the event that the disabled person vacates the subject property.

Effective on: 1/1/1901

Reasonable accommodation decisions may be appealed as provided in HMC Section 19.19.6, Review and Decision, however, the appeal period shall be extended to 20 days rather than nine days and the appeal may be heard by the Director.

Effective on: 1/1/1901

This Chapter provides administrative provisions for landscape maintenance districts. Qualified persons under NRS 278.4787, as amended, may ask the City to create a landscape maintenance district for maintenance of landscaping, public lighting, and security walls.

Effective on: 1/1/1901

Applications for landscape maintenance districts in a residential subdivision shall be submitted to the Director on the prescribed application forms in accordance with the procedures in HMC Chapter 19.19, Common Review Procedures. Applications to establish a landscape maintenance district in a new residential subdivision shall be filed at least 120 days before the approval of a final map for the land where improvements to be maintained are located.

Effective on: 1/1/1901

Notice of public hearings on landscape maintenance districts shall be provided pursuant to HMC Subsection 19.19.5.D, Public Notice.

Effective on: 1/1/1901

1. A.
   Planning Commission Review and Recommendation. The Commission shall hold a public hearing on the proposed landscape maintenance district and at the close of the public hearing recommend that the Council approve, approve with conditions, or deny the application, based on the required findings listed in HMC Section 19.34.5, Approval Criteria.
2. B.
   City Council Review and Decision. After reviewing the recommendation of the Commission, the Council shall act to approve, approve with conditions, or deny the proposed landscape maintenance district based on the required findings listed in HMC Section 19.34.5, Approval Criteria. If the Council makes a determination that it is desirable to assume the maintenance of the proposed improvements, the Council shall form a landscape maintenance district by ordinance. The ordinance shall address the items enumerated in NRS 278.4787(4).

Effective on: 1/1/1901

Landscape maintenance districts may be approved only if the Council makes all of the following findings:

1. A.
   The petition for a landscape maintenance district meets the City design and construction standards and cost analysis parameters for landscape materials and maintenance.
2. B.
   The maintenance of the proposed improvements on the subject property alone, or cumulatively with other maintenance districts in the City, will not create an unreasonable administrative or financial burden upon the City.
3. C.
   Assumption of the maintenance of the proposed improvements or submitted plan is consistent with the City's accepted standards.
4. D.
   The proposed landscaping, public lighting, or security wall plans are compatible with the character of the area in which they are located.
5. E.
   If within a Master Plan Overlay District, the landscaped areas to be maintained constitute the only common element in the subdivision or development or the property was specifically approved for a Landscape Maintenance District through an annexation agreement or prior master plan approval.
6. F.
   Maintenance of the proposed improvements will be in the best interest of the public and will not be injurious to the health, safety, and general welfare of the community.

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

A maintenance district coordination team shall be created to establish policies and procedures for implementing, operating, and fulfilling the City’s obligations for any maintenance districts created pursuant to this Code. The coordination team shall be composed of representatives from Public Works, Parks and Recreation, Finance, City Attorney, Neighborhood Services, Utilities, and Community Development and Services.

Effective on: 1/1/1901

The applicant shall be responsible for recording the approved ordinance with the Clark County Recorder.

Effective on: 1/1/1901

1. A.
   Application Filing. The dissolution of a landscape maintenance district shall be initiated with the submission of a formal request to dissolve the district filed in a landscape maintenance district application to the Director.
2. B.
   Review Authority. Applications for the dissolution of a landscape maintenance district will be considered by the Council.
3. C.
   Notice. Notice of public hearings on the dissolution of a landscape maintenance district shall be provided pursuant to HMC Subsection 19.19.5.D, Public Notice.
4. D.
   Required Findings. A landscape maintenance district may be dissolved by the Council if it determines one or more of the following:

   1. 1.
      Improvements within the district are no longer necessary; or
   2. 2.
      It is no longer in the public interest for the City to assume the maintenance for the improvements; or
   3. 3.
      An association for a common-interest community has been formed to maintain landscaping, public lighting, and security walls in lieu of a maintenance district under NRS 278.4787.
5. E.
   Appeals. Appeals shall be made in accordance with HMC Section 19.19.6, Review and Decision.

Effective on: 1/1/1901

This Chapter establishes procedures through which the City seeks to ensure compliance with the provisions of this Code and obtain corrections for violations. It also sets forth the remedies and penalties that apply to violations of this Code.

Effective on: 1/1/1901

1. A.
   Violation Defined. Any of the following shall be a violation of this Code and shall be subject to the remedies and penalties provided for in this Code.

   1. 1.
      Establish Use, Structure, or Sign Without Approval. To establish or place any use, structure, or sign upon land that is subject to this Code without all of the approvals required by this Code.
   2. 2.
      Development or Subdivision Without Approval. To engage in any subdividing, development, construction, remodeling, or other activity of any nature upon land that is subject to this Code without all of the approvals required by this Code.
   3. 3.
      Development, Subdivision, Use, or Sign Inconsistent with Approval. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any approval required in order to engage in such activity.
   4. 4.
      Development, Subdivision, Use, or Sign Inconsistent with Conditions of Approval. To violate, by act or omission, any term, condition or qualification placed by the review authority upon any approval.
   5. 5.
      Development, Subdivision, or Sign Inconsistent with Development Code. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in violation of any zoning, subdivision, sign, or other regulation of this Code.
   6. 6.
      Making Lots or Setbacks Nonconforming. To reduce or diminish any lot area so that the lot size, setbacks, or common open spaces shall be smaller than prescribed by this Code.
   7. 7.
      Increasing Intensity or Density of Use. To increase the intensity or density of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this Code.
   8. 8.
      Removing or Defacing Required Notice. To remove, deface, obscure, or otherwise interfere with any notice required by this Code.
   9. 9.
      Failure to Remove Signs. To fail to remove any sign installed, created, erected, or maintained in violation of this Code or for which the sign permit has lapsed.
   10. 10.
       Other Violations of Code. Any other action or inaction contrary to requirements of this Code.
2. B.
   Continuing Violations. After receiving notice of the violation from the City, each day that a violation remains uncorrected after any applicable cure period may constitute a separate violation of this Code.
3. C.
   Responsible Persons. Any person who violates this Code shall be subject to the remedies and penalties set forth in this Chapter. In addition, where the person violating this Code is not the owner of the property that is the subject of the violation, the property owner and the subject property shall also be subject to the remedies and penalties set forth in this Chapter.

Effective on: 1/1/1901

1. A.
   Building Official. The Building Official shall have primary responsibility for enforcing provisions of this Code pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any building or structure.
2. B.
   Public Works Director. The Public Works Director shall have primary responsibility for enforcing provisions of this Code related to subdivision and land development, including all standards in HMC Chapter 19.14, Subdivision Design and Improvements.
3. C.
   Community Development and Services Director. The Director shall have primary responsibility for enforcing all other provisions of this Code not listed in HMC Subsections 19.35.3.A or 19.35.3.B above. The Director and his or her designee(s), referred to herein as “code enforcement official(s)” or “code official(s)”, have the authority to determine whether a violation of this Code exists and to take appropriate action to gain compliance with this Code. This authority includes the power to issue notices, orders, administrative and misdemeanor citations and fines, the power to inspect public and private property and to abate violations, and the power to use any other remedies available under this Code, other provisions of the Henderson Municipal Code, and Nevada law.

Effective on: 1/1/1901

CUPs, temporary use permits, variances, and home occupations may be subject to immediate review upon complaint from any member of the public, whether received from a nearby property owner or other members of the general public, or city enforcement personnel. Upon initiation of this review, the following process shall be followed:

1. A.
   The Director or code official shall notify the property owner and the holder of any relevant approval of each complaint.
2. B.
   The property owner shall:

   1. 1.
      Propose and initiate a remedy, or
   2. 2.
      Dispute the validity of the complaint.
3. C.
   If the Director or code official determines the complaint is not valid, the complaint shall be dismissed. A notice of dismissal shall be sent to the complainant, the property owner, and the holder of any relevant approval.
4. D.
   If the Director or code official determines the complaint is valid, the Director or code official shall monitor the effectiveness of the initiated remedy, if any is proposed and initiated by the property owner or approval holder. If the proposed and initiated remedy resolves the complaint, no further action shall be required.

   1. 1.
      If no remedy is proposed and initiated or if the remedy is ineffective and the Director or code official determines there is a violation of this Code, the Director or code official shall initiate enforcement procedures in accordance with this Chapter.

Effective on: 1/1/1901

1. A.
   Non-Emergency Matters. In the case of a violation of this Code that does not constitute an emergency, does not require immediate attention, or is not subject to a different enforcement procedure or penalty set forth in this Chapter or other applicable Chapter of HMC Title 19, the official responsible for enforcement shall give written notice of the nature of the violation to the property owner, tenant, occupant, other person who is a party to the relevant agreement or to any applicant for any relevant approval in the manner hereafter stated, after which the persons receiving notice shall have 10 days to correct the violation, unless another time period is prescribed in the notice, before further enforcement action shall be taken.. Notice shall be given by personal service, by United States certified mail or by posting notice on the premises. Notices of violation shall state the nature of the violation, the time period for compliance, the corrective steps necessary, as applicable, and the nature of subsequent penalties and enforcement actions should the violation not be corrected.
2. B.
   Emergency Matters and Other Matters Requiring Immediate Attention. In the case of violations of this Code that constitute an emergency as a result of safety or public health concerns, or violations that will create increased problems or costs if not remedied immediately, the City may use the enforcement powers available under this Chapter without prior notice, but the official responsible for enforcement shall attempt to give notice simultaneously with beginning enforcement action. Notice shall be provided to the property owner and may also be provided to any, tenant, occupant, other person who is a party to a relevant agreement, or to applicants for any relevant approval.
3. C.
   Enforcement Process for Short-Term Vacation Rentals. This Section shall apply only to properties being operated as short-term vacation rentals as defined in HMC Section 19.37.1, Definitions. The City officials responsible for enforcement of this Section shall be referred to herein as “enforcement official(s)”.

   1. 1.
      Unregistered Properties.

      1. a.
         Subpoena

         1. i.
            The Director is authorized to issue a subpoena for the production of documents, records or materials relevant to determining whether a residential unit or room within a residential unit has been rented in violation of this Code, any other provision of the Henderson Municipal Code, or any law of the State of Nevada. The subpoena may be issued only if:

            1. (a)
               There is evidence to support a reasonable belief that a residential unit or room within a residential unit has been rented or is being rented in violation of this Code, the Henderson Municipal Code, or any law of the State of Nevada;
            2. (b)
               The subpoena identifies the rental alleged to be in violation of this Code, any other provision of the Henderson Municipal Code, or any law of the State of Nevada, and the provision of State law or City ordinance allegedly violated.
         2. ii.
            A subpoena issued by the Director must be mailed by regular and certified mail to the accommodations facilitator or, if applicable, the owner or lessee who was required to file a quarterly report pursuant to Section 19.9.4.F.2.z.iii.
         3. iii.
            An accommodations facilitator issued a subpoena shall provide notice of the subpoena to the user of the accommodations facilitator who provided the rental identified in the subpoena and shall produce any subpoenaed books, papers or documents not later than 21 days after providing the notice required by this paragraph unless otherwise ordered by a court.
         4. iv.
            An owner or lessee issued a subpoena shall produce any subpoenaed books, papers or documents not later than 21 days after the issuance of the subpoena, unless otherwise ordered by a court.
         5. v.
            If a person to whom a subpoena has been issued refuses to produce any document, record or material that the subpoena requires, the City Attorney may apply to the district court for the enforcement of the subpoena in the matter provided by law for the enforcement of a subpoena in a civil action.
      2. b.
         Where a property is being operated as a short-term vacation rental without the required registration pursuant to HMC Section 19.9.4.F, the enforcement official shall issue a written notice and order to cease operation to the property owner, via personal service or certified mail sent to the owner’s mailing address as listed in the records of the Clark County Assessor’s Office. If the owner’s mailing address is different from the property address, the notice shall also be delivered to the subject property address via personal service, certified mail, or posting on the premises.
      3. c.
         The notice shall order the property to immediately cease operating as a short-term vacation rental. If the property is in a zoning district where short-term vacation rentals are permitted pursuant to HMC Subsection 19.9.4.F, the notice and order shall inform the property owner that operation of the short-term vacation rental may not resume until registration with the City is completed and approved. If the property is in a zoning district where short-term vacation rentals are not permitted by this Code or in a PC-zoned district where short-term vacation rentals are not permitted, the notice and order shall include a statement of that prohibition.
      4. d.
         Concurrently with the notice and order, the enforcement official shall issue an administrative citation to the property owner. The citation shall assess a corresponding daily fine for each day the property continues to operate in violation of HMC Subsection 19.9.4.F, according to the fine and fee schedule set forth in HMC Subsection 19.9.4.F.3.
      5. e.
         The City Attorney may also petition a court of competent jurisdiction for injunctive relief or any other appropriate remedy to prevent the continued unapproved operation of the short-term vacation rental.
      6. f.
         Administrative citations and accompanying fines issued to unregistered properties may be appealed pursuant to the provisions of HMC Subsection 19.9.4.F.2.a.
   2. 2.
      Other Violations. All notices and administrative citations to be issued under HMC Section 19.35.2 shall be in writing and delivered to both the property owner and the subject property address, if the subject property address is different from the owner’s mailing address as provided by the owner on its registration application or most recent annual renewal. Delivery shall be made via personal service or certified mail to the address provided by the owner in the owner’s registration application or most recent annual renewal, or, if the owner has consented in writing to receive notifications under these sections by email, to the email address provided by the owner in its registration application or most recent annual renewal. If applicable, delivery to the subject property address shall be made via personal service, certified mail or by posting on the premises. The date of delivery of the notice shall be the date of mailing, emailing or posting, as applicable. Where an accommodations facilitator has violated a provision of Section 19.9.4.F., a written notice and/or administrative citation shall be delivered to the accommodations facilitator via certified mail.

      1. a.
         Violation Notices and Citations.

         1. i.
            Where a property is in violation of any of the provisions of HMC Section 19.35.2 other than the failure to complete registration, the enforcement official may issue a written notice of violation. The notice shall clearly state the nature of the violation, the required action to correct the violation, and the time period in which the violation must be corrected.
         2. ii.
            Pursuant to HMC Section 19.35.3, the City may take immediate action when necessary to address emergencies or other urgent complaints regarding a property operating as short-term vacation rental, without first issuing a notice under this Section.
         3. iii.
            In the following instances, the enforcement official may issue an administrative citation in addition to, or, where applicable, in lieu of a notice of violation:

            1. (a)
               A violation has not been cured by the deadline stated a notice of violation;
            2. (b)
               The City is required to take immediate action to address complaints regarding a short-term vacation rental and incurs costs as a result; or
            3. (c)
               A registered short-term vacation rental violates any provision of HMC Subsection 19.9.4.F.

            The citation shall assess a corresponding daily fine for each day the violation continues according to the fine and fee schedule set forth in HMC Subsection 19.9.4.F.3. If the violation was corrected by the City, the citation may include any applicable fees and costs incurred by the City. The citation shall enclose a copy of the initial violation notice, if applicable, or shall state the nature of the violation and the required action to correct the violation.

      2. b.
         Appeals.

         1. i.
            Property owners or other persons issued an administrative citation may appeal the citation, fine and/or fee by submitting a written request for an administrative hearing to the Director.
         2. ii.
            The request for hearing must 1) identify the enforcement action that the person is contesting, 2) set forth the facts supporting the appeal, 3) identify the requested relief, and 4) be delivered to and received by the Director, (i) personally, or (ii) by first-class mail and email with confirmed receipt no later than the 10th day following the date of the administrative citation. A timely request for hearing shall toll the deadline for compliance, accrual of fines, and payment of fines and fees. An untimely request for hearing shall not be considered and instead shall be dismissed.
         3. iii.
            The Director or his or her designee shall set a hearing and shall issue notice of the hearing date no later than 10 days prior to the date set for the hearing, unless a shorter time period is agreed to in writing by the appellant. The notice shall state the date, time and location of the hearing, and shall include a short explanation of the hearing process.
         4. iv.
            The Director or his or her designee shall conduct and preside over the hearing. At the hearing, that person, referred to herein as the “presiding officer”, shall direct the order of the proceedings and shall hear all evidence presented relevant to the subject violation(s), fines and/or fees. This may include the presentation of written evidence as well as testimony by City employees, the property owner or other cited person, and any witnesses called by the City, the property owner, or other cited person. Affidavits or declarations of witnesses made under penalty of perjury may be presented at the hearing if they are provided to the other party no later than five days prior to the hearing date.

            The hearing shall be conducted informally and shall not be constrained by evidentiary or procedural rules applicable to public hearings or judicial proceedings. The hearing shall provide a fair opportunity for the City and the property owner or other cited person to present evidence regarding the subject violation and the issuance of the subject citation, fines and/or fees. The presiding officer shall have the discretion to question witnesses, to allow rebuttal testimony, to limit the time of the hearing to a reasonable length, to limit the presentation of immaterial or unduly repetitious evidence, and to record the hearing.

         5. v.
            After the conclusion of the hearing, the presiding officer shall consider all evidence presented and shall issue a decision to uphold, reverse, or modify the disputed enforcement action. Written notice of the decision shall be issued no later than 30 days following the conclusion of the hearing. The decision shall clearly state one of the following:

            1. (a)
               That the administrative citation(s), fine(s) and/or fee(s) are upheld, including a short statement of findings explaining the basis for the decision, and providing a deadline for curing the subject violation(s) and payment of any fines and fees, with a notification that fines will resume accruing daily until the subject violation(s) is corrected;
            2. (b)
               That the administrative citation(s), fine(s), and/or fee(s) are reversed, including a short statement of findings explaining the basis for the decision; or
            3. (c)
               That the administrative citation(s), fine(s), and/or fee(s) are modified, including a short statement of findings explaining the basis for the decision, and providing a deadline for any modified compliance obligations and payment of fines and/or fees, with a notification that fines will resume accruing daily until the subject violation(s) is corrected, if applicable.
         6. vi.
            The presiding officer’s decision shall be the final administrative action on the appeal.
      3. c.
         Delinquent Transient Lodging Tax.

         Where any approved short-term vacation rental is deemed significantly delinquent on the payment of transient lodging tax more than two times in any 12-month period pursuant to HMC Section 4.48.062 and the property owner or accommodations facilitator, as applicable, fails to remit the funds as required by that Section, the short-term vacation rental registration shall be automatically suspended upon written notice from the Director or his or her designee to the owner and any accommodations facilitator for the short-term vacation rental, and operation of the short-term vacation rental must cease until such time as all outstanding transient lodging taxes and penalties are paid pursuant to HMC Sections 4.48.020 and 4.48.110 and the requirements of HMC Section 4.48.062 have been satisfied. If the property owner fails to comply with any provision of this Section, the enforcement official may issue an administrative citation and fine in compliance with the procedures set forth in HMC Sections 19.35.2 and 19.35.5.

      4. d.
         Termination of Registration. Where any of the following has occurred, the enforcement official shall initiate the process to terminate the registration of the short-term vacation rental:

         1. i.
            The approved short-term vacation rental has been the subject of two or more distinct Level I violations as provided in HMC Subsection 19.35.5.C.3 in any consecutive 12-month period, or three or more distinct Level II violations as provided in HMC Subsection 19.35.5.C.3 in any consecutive 12-month period.
         2. ii.
            The approved short-term vacation rental has been the subject of three or more distinct violations of HMC Chapter 15.12 or other applicable laws or regulations related to the prevention of nuisance in any consecutive 12-month period.
         3. iii.
            The short-term vacation rental registration application or supporting information supplied by the owner contains false, misleading or erroneous statements concerning issues material to the approval of the application.
         4. iv.
            The property has accumulated $3,000 or more in outstanding and past due fines for violations of the provisions of HMC Section 19.35.5.C.3 of this Code.

            For the purposes of this Subsection, “distinct” violation shall mean a violation of a distinct provision of HMC Section 19.35.5.C.3 or a repeated violation of the same provision separated in time rather than continuing daily.

      5. e.
         The termination process shall be initiated by service of a written notice stating that the registration will automatically terminate if the property owner does not request an administrative hearing to contest the termination within 10 days of the date of the notice. Only the property owner shall have standing to request a hearing to contest a termination of registration.
      6. f.
         The property owner’s request for an administrative hearing to contest a termination of registration shall be made in writing and shall set forth in detail the facts supporting the request. The request for hearing must be delivered (i) personally, or (ii) by first-class mail and email with confirmed receipt to the Director and must be received no later than the 10th day following the date of the notice of initiation of the termination process. A timely request for an administrative hearing shall stay the termination date pending the outcome of the administrative hearing.
      7. g.
         If a timely request for administrative hearing is not received, the registration shall terminate, and the Director shall issue a written notice of termination and order to cease operation of the short-term vacation rental. The notice and order shall indicate any further action the City may take to enforce the termination if necessary. A written notice of termination may be appealed to the Council by submitting a written request for an appeal to the Director within 9 days of the notice and order pursuant to HMC Section 19.19.6. The property shall not operate as a short-term vacation rental during the period pending any Council appeal hearing. Short-term vacation rentals operated during this period shall be subject to administrative fines for operation without a registration.
      8. h.
         If an administrative hearing request is timely made, the Director or his or her designee shall set an administrative hearing for a date no later than 30 days following receipt of the request for hearing. The notice shall state the date, time and location of the hearing, shall include a short explanation of the hearing process, and shall be served no later than 10 days prior to the date set for the administrative hearing unless a shorter time period is agreed to in writing by the property owner.
      9. i.
         Administrative Hearing: Termination of Registration.

         1. i.
            The Director or his or her designee shall conduct and preside over the hearing.
         2. ii.
            At the hearing, the Director or his or her designee, referred to herein as the “presiding officer”, shall direct the order of the proceedings and shall hear all evidence presented relevant to the basis for the termination of registration. This may include the presentation of written evidence as well as testimony by City employees, the property owner and any witnesses called by the City or the property owner. Affidavits or declarations of witnesses made under penalty of perjury may be presented at the hearing if they are provided to the other party no later than five days prior to the hearing date.

            The hearing shall be conducted informally, shall not be constrained by evidentiary or procedural rules applicable to public hearings or judicial proceedings and shall provide a fair opportunity for the City and the property owner to present evidence regarding the basis for terminating the short-term vacation rental. The presiding officer shall have the discretion to question witnesses, to allow rebuttal testimony, to limit the time of the hearing to a reasonable length, to limit the presentation of immaterial or unduly repetitious evidence, and to record the hearing.

         3. iii.
            After the conclusion of the hearing, the presiding officer shall consider all evidence presented and shall issue a decision to 1) terminate of the registration, 2) allow the registration to continue, or 3) allow the registration to continue upon the completion of certain conditions. The decision shall be made in writing, shall clearly state the basis for the decision and any applicable deadlines for compliance with the decision, and shall be served no later than 30 days following the conclusion of the hearing. If the decision results in the termination of registration, it shall provide an effective date of termination and include an order to cease operation of the short-term vacation rental as of the effective date.
         4. iv.
            The decision of the presiding officer may be appealed to the Council by submitting a written request for an appeal to the Director within 9 days of the date of the notice of termination, pursuant to HMC Section 19.19.6. If the presiding officer terminates a short-term vacation rental registration, the property shall not operate as a short-term vacation rental during the period pending any Council appeal hearing. Short-term rentals operated during this period shall be subject to administrative fines for operation without a registration.
         5. v.
            If a short-term vacation rental registration is terminated, the subject property may not be used for a short-term vacation rental for a period of two years following the date of termination. This two-year prohibition shall not apply to a property whose registration is automatically terminated following a change in ownership pursuant to HMC Subsection 19.9.4.F. At the time of new registration for short-term vacation rental use, registration will require compliance with all rules, regulations, and laws then in effect.
   3. 3.
      Fine and Fee Schedule.

      1. a.
         Fines.

         1. i.
            Operation of a short-term vacation rental without registration, or operation after registration is suspended or terminated, prior to July 1, 2022: $500 per day for each day the violation continues. On or after July 1, 2022: a minimum of $1,000 per day and a maximum of $2,500 per day for each day the violation continues. In determining the fines to issue for this violation, the enforcement official shall consider: 1) the severity of the violation and any resultant detrimental impacts to the neighboring properties; 2) whether the person who committed the violation acted in good faith; and 3) any history of previous violations of HMC Subsection 19.9.4.F by the owner of the property.
         2. ii.
            Level I Violation. Violation of any provision in HMC Subsections 19.9.4.F.2.h, 19.9.4.F.2.j, 19.9.4.F.2.t, and 19.9.4.F.2.w, prior to July 1, 2022: $500 per day for each day the violation continues. On or after July 1, 2022: $1,000 per day for each day the violation continues.
         3. iii.
            Level II Violation. All other violations of HMC Subsection 19.9.4.F: $200 per day for the first violation, $400 per day for the second violation and $500 per day for the third violation.

         Each provision of HMC Subsection 19.9.4.F that is not complied with shall constitute a separate violation subject to a separate fine, and fines may be assessed cumulatively in the same citation.

      2. b.
         Fees.

         1. i.
            Re-inspection fee: $150.
      3. c.
         Collection.

         1. i.
            If administrative fines, fees or actual expenses incurred by the City in addressing a violation are not paid by the deadlines stated in any decision of the presiding officer, or, if not appealed, by the deadline stated in the applicable notice, the unpaid amounts are deemed to be immediately due and owed to the City by the property owner.
         2. ii.
            The City may take any lawful collection action deemed necessary and appropriate to recover the amounts owed, including but not limited to the City Attorney filing a petition in a court of competent jurisdiction for the entry of a civil judgment against the property owner in an amount equal to the unpaid fine and/or fee amounts owed, or referral of the unpaid amounts to a collection agency for recovery. In addition to the fines assessed pursuant to this chapter, the property owner shall be liable for an additional collection fee where the collection of the fines provided for herein is referred for collection. The amount of such fee shall be 25 percent of the outstanding indebtedness or $250, whichever is less. The amount of any such collection fee shall accrue and become due and payable at the time the indebtedness is referred for collection to the collection agency, and that amount may be added by the collection agency to the amount sought to be collected. Any judgment or amended judgment entered under this chapter may include the amount of the collection fee authorized herein.
         3. iii.
            Pursuant to this Section, violations of HMC Subsection 19.9.4.F are deemed to be nuisance violations, and the City may therefore elect to make unpaid fines, fees and costs a special assessment against the subject property in accordance with the requirements and limitations of NRS 268.4122. Pursuant to the provisions of NRS 5.050, the City Attorney may file an action in Henderson Municipal Court for the collection of unpaid fines, fees, costs and assessment amounts and/or to foreclose liens in the name of the City for the nonpayment of those assessments.
      4. d.
         Other Remedies. Nothing in this Section shall be deemed to limit the City’s right to exercise any other enforcement options and remedies authorized by NRS, HMC Title 15 or the general remedies and enforcement powers under any section of HMC Title 19, including but not limited to the imposition of criminal penalties. Pursuant to NRS 5.050, the City may file an action in Henderson Municipal Court for the prevention or abatement of any nuisance caused by a short-term vacation rental.

Effective on: 1/1/1901

The City shall have the following remedies and enforcement powers, which are cumulative and may be exercised by the City in any order or combination, at any time, in addition to any remedies and enforcement powers prescribed by applicable law.

1. A.
   Withhold Permit.

   1. 1.
      The City may deny or withhold any approval, building permit, or any other right granted under the City’s municipal code on any land or structure or improvements upon a determination that there is an uncorrected violation of a provision of this Code or of a condition or qualification of an approval previously granted by the City on the subject land, structure or improvements. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
   2. 2.
      The City may deny or withhold any approval, building permit, or any other right granted under the City’s municipal code on any land, structure or improvements owned or being developed by a person who owns, developed, or otherwise caused an uncorrected violation of a provision of this Code or of a condition or qualification of an approval previously granted by the City. This provision shall apply regardless of whether the property for which the approval is sought is the property in violation.
2. B.
   Permits Approved with Conditions. Instead of withholding or denying an approval, the City may grant such authorization subject to the condition that the violation be corrected.
3. C.
   Revoke Permits. Any development permit or other form of authorization required under this Code may be revoked as follows.

   1. 1.
      Applicability. This Section shall apply to the process of revocation for any approval granted under this Code other than an approved short-term vacation rental registration, which shall be governed by HMC Subsection 19.35.5.C.
   2. 2.
      Duties of Enforcement Official. The revocation process shall be initiated by the official responsible for enforcement of the subject provision upon a determination by that official that there are reasonable grounds for revocation of the subject approval. Absent emergency or other exceptional circumstances, the revocation process shall not be initiated prior to attempting to remedy any violations through the other enforcement powers provided in this Subsection.
   3. 3.
      Authority to Revoke. The review authority that granted the approval shall be authorized to revoke the approval.
   4. 4.
      Notices and Hearing. A proposed revocation shall be subject to the same notice and hearing requirements as the subject approval.

      1. a.
         Matters Not Subject to Public Notice. If no notice was required for approval, none shall be required for the revocation hearing, provided that notice shall be mailed to the property owner and approval holder at least 10 days prior to the hearing.
      2. b.
         Matters Not Subject to Public Hearing. Within three working days of a decision on a revocation matter that is not the subject of a public hearing, the review authority shall mail notice of the decision to the property owner and approval holder and to any other person who has filed a written request for such notice.
   5. 5.
      Required Findings. The review authority shall revoke the approval upon making one or more of the following findings:

      1. a.
         The approval was issued on the basis of false, erroneous or misleading information or misrepresentation.
      2. b.
         The terms or conditions of approval have been violated, the required plans, conditions or specifications have not been followed, or other laws or regulations, including the provisions of this Code, or other laws or regulations have been violated.
      3. c.
         There has been a discontinuance of the exercise of the entitlement granted by the approval for 180 consecutive days and no extension of time has been granted.
   6. 6.
      Effective Date. A decision to revoke an approval shall become final 10 days after the date of the decision unless an appeal is filed in accordance with the procedures set forth in HMC Section 19.19.6, Review and Decision.
   7. 7.
      Appeals. Any revocation decision may be appealed pursuant to HMC Section 19.19.6, Review and Decision.
4. D.
   Stop Work. With or without revoking an approval or building permit, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this Code or of an approval issued hereunder or a building permit, in accordance with its power to stop work under the City’s building code.
5. E.
   Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Code or of an approval granted hereunder.
6. F.
   Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation. In appropriate circumstances, the City may perform an administrative abatement pursuant to HMC Section 15.12.060.
7. G.
   Penalties. Any violation of the provisions of this Code constitutes a misdemeanor and is subject to the punishment provided by law in such cases, as amended from time to time. The City may also seek such civil penalties as are provided by applicable law, including, but not limited to the provisions of HMC Title 1 and HMC Section 15.12.060.
8. H.
   Other Remedies. The City shall have such other remedies as are and as may be from time-to-time provided by law for the violation of zoning, subdivision, sign, or related Code provisions.
9. I.
   Other Powers. In addition to the enforcement powers specified in this Chapter, the City may exercise any and all enforcement powers granted by applicable law.
10. J.
    Continuation. Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and applicable laws.

Effective on: 1/1/1901