Effective on: 1/1/1901

(Ord. # 4010, 03/08/2024) 

Effective on: 3/8/2024

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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.
   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

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

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Effective on: 1/1/1901

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

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

Effective on: 1/1/1901

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

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

Effective on: 1/1/1901

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

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

Effective on: 1/1/1901

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

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

Effective on: 1/1/1901

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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

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

Effective on: 1/1/1901

Effective on: 1/1/1901

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

Effective on: 12/20/2024

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

(Ord. # 4118, 11/04/2025) 

Effective on: 11/7/2025

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

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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

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

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

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.
   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