It is the intent and purpose of this Code to protect the public health, safety, and general welfare of the community and the people of North Las Vegas through the establishment of minimum regulations governing development and use of land. This Code shall divide the City into districts and establish regulations in regard to location, erection, construction, reconstruction, alteration, and use of structures and land. Such regulations are established to:

A.

Implement the North Las Vegas Comprehensive Master Plan;

B.

Conserve the value of buildings and land;

C.

Promote a balanced supply of commercial, industrial, institutional, and transportation land uses that is compatible with adjacent land uses and has good access to transportation networks;

D.

Ensure the provision of adequate open space for light, air, and fire safety;

E.

Preserve the character and quality of residential neighborhoods;

F.

Preserve and protect existing trees and vegetation, floodplains, stream corridors, scenic views, water quality, wildlife habitat, gateways, and corridors, and other areas of scenic and environmental significance from adverse impacts of land development;

G.

Promote orderly development and redevelopment;

H.

Prevent congestion in the public rights-of-way;

I.

Prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and density of population;

J.

Provide for compatibility of different land uses;

K.

Provide for administration of this Code;

L.

Provide for amendments;

M.

Prescribe penalties for violation of such regulations; and

N.

Define powers and duties of the City staff, the Planning Commission, and the City Council in relation to this Code.

(Ord. 1164 § 3 (part), 1996: prior code § 19.1.030)

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

This Code shall be known as and may be cited as the North Las Vegas Zoning Ordinance, except that when cited in this document, it shall be referred to as "this Code."

(Ord. 1164 § 3 (part), 1996: prior code § 19.1.010)

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

The ordinance codified in this Code is adopted as the City of North Las Vegas's Zoning Ordinance relating to comprehensive planning and zoning, pursuant to provisions of Nevada law, including, without limiting the generality of the foregoing, NRS 278.010 through 278A.590, Statutes of 1986, State of Nevada.

(Ord. 1164 § 3 (part), 1996: prior code § 19.1.020)

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

A.

General Applicability. The provisions of this Code shall apply to all land, buildings, structures, and uses of land, buildings, and structures located within the City of North Las Vegas, unless an exemption is provided by the terms of this Code. The provisions of this Code are the minimum requirements adopted for the promotion of the public health, safety, and welfare.

B.

Compliance Required.

1.

No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this Code.

2.

No lot of record that did not exist on the effective date of this Code shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this Code.

3.

No permit or approval may be issued under this Code unless all structures and uses of land and structures to be authorized by the permit or approval conform to this Code, regulations promulgated under this Code, and the terms and conditions of other applicable permits and approvals issued under this Code. A permit or approval issued in violation of this Code is void.

C.

Application to Governmental Agencies. To the extent allowed by law, the provisions of this Code shall apply to all land, buildings, structures, and uses owned by government agencies. Where the provisions of this Code do not legally control such land, buildings, structures, and uses owned by government agencies, such agencies are encouraged to meet the provisions of this Code.

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

The enforcement of, amendments to, and the administration of this Code shall be accomplished in accordance with the recommendations contained in the North Las Vegas Comprehensive Master Plan, as developed and amended on a regular basis by the Planning Commission and City Council for the City.

(Ord. 1164 § 3 (part), 1996: prior code § 19.1.040)

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

A.

Conflict With Any Other Municipal Regulation. In the case of a conflict between any part of this Code, with any other ordinance of the City, the more restrictive provision shall apply. In the case of conflict between one part of this Code and any other part of this Code, the more restrictive provision shall apply, except that provisions of overlay zone districts shall prevail over other provisions of this Code regardless of whether they are less or more restrictive.

B.

Conflict With Other Public Laws, Ordinances, Regulations, or Permits. This Code is intended to complement other local, state, and federal regulations that affect land use. This Code is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this Code are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the Director, shall govern.

(Ord. 1164 § 3 (part), 1996: prior code § 19.1.060)

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

This Code is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this Code are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this Code shall govern. Nothing in this Code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this Code. In no case shall the City be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

A.

Violations Continue. Any violation occurring under the previous Zoning Ordinance will continue to be a violation under this Code and be subject to penalties and enforcement pursuant to Section 17.28 Enforcement, Violations, and Penalties, unless the use, development, construction, or other activity complies with the provisions of this Code. Any violation issued prior to the adoption date of this Code shall be subject to the fines and penalties of the previous ordinance unless the violation is not addressed and is reissued at which time the violation shall be subject to the fines and penalties of this Code.

B.

Nonconformities Under Prior Ordinance. Any nonconformity under the previous Zoning Ordinance will also be a legal nonconformity under this Code, as long as the situation that resulted in the nonconforming status under the previous ordinance continues to exist. If a nonconformity under the previous ordinance becomes conforming because of the adoption of this title, then the situation will no longer be a nonconformity.

C.

Approved Projects.

1.

Validity. Except for Planned Unit Developments approved prior to the effective date of this Code, permits and approvals that are valid on the effective date of this Code shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed.

2.

Changes. No provision of this Code shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date.

3.

Extensions. The decision-making body that granted the original approval may renew or extend the time of a previous approval if the required standards or criteria for approval remain valid. Any extension granted shall not exceed the time specified for the extension of the specific permit approval in this Code.

4.

Re-Application. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

D.

Planned Unit Developments Approved Prior to the Effective Date. Any Planned Unit Development or Mixed Use Development approved prior to the effective date of the adoption of this entire Code (October 1, 2011) shall remain valid until otherwise reclassified or amended as appropriate.

E.

Applications in Progress.

1.

Completed Applications. Complete applications for planning permits and other approvals pursuant to this Zoning Ordinance, submitted before the effective date and pending approval at the time of adoption of this Code on the effective date may, at the applicant's option, be reviewed wholly under the terms of the previous Zoning Ordinance. If approved, these projects may be carried out in accordance with the development standards in effect at the time of application. Any re-application for an expired permit shall meet the standards in effect at the time of re-application. The applicant's decision shall result in all of the previous Zoning Ordinance or all of this Code governing approval and development of the project; the applicant may not choose to have some parts of the previous ordinance and other parts of the current Code apply to the project.

2.

No Applications Submitted. Projects for which no application has been submitted and accepted as complete prior to the effective date shall be subject to all requirements and standards of this Code.

3.

Expiration. Regardless of whether or not any completed application has been received prior to the adoption of this Code, any permit or approval issued following the adoption of this Code shall be subject to any provisions for the lapsing of that type of permit or approval contained in this title.

F.

Conditional Use Permits Deemed Approved. If (a) a use of land or structure was listed as a permitted use in a specific zone district under the previous Zoning Ordinance, and (b) that use of land or structures was established on property in that zone district prior to the adoption of this Code, and (c) the same use of land or property is now listed as a conditional use in the same zone district in Section 17.20.020 of this Code, then the established use shall be deemed to have received a conditional use permit and shall be a legal, conforming use of land. Upon request by the property owner, and submission that the use was established prior to approval of this Code, the planning and zoning department shall provide written confirmation of the legal, conforming status of the use.

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

In the event that territory is annexed into the City, it shall be classified with the same zoning classification that was in effect on said property prior to annexation or the nearest comparable classification.

(Ord. 1164 § 3 (part), 1996: prior code § 19.1.080)

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)

It is declared to be the intention of the City that the provisions of this Code are separable in accordance with the following:

A.

If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this Code not specifically included in the judgment.

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or other structure, such judgment shall not affect the application of that provision to any other property, building, or structure not specifically included in the judgment.

(Ord. 1164 § 3 (part), 1996: prior code § 19.1.050)

(Ord. No. 2591, § 1, 6-15-2011, eff. 10-1-2011)