Las Vegas does require owner-occupancy as a standard condition of approval for ADUs (called "accessory living quarters" or "guest houses" in the zoning code). Unlike California, which lifted owner-occupancy requirements via AB 881 (2019), Nevada has no preempting state law, so Las Vegas continues to impose owner-occupancy and often requires a deed restriction recorded against the property.
Under LVMC Title 19, the typical conditions of approval for an ADU special use permit include: (1) the property owner must occupy either the main house or the ADU as their primary residence, (2) the ADU cannot be sold separately from the main house, and (3) a deed restriction or covenant must be recorded with the Clark County Recorder before the certificate of occupancy is issued. The Planning Commission frequently adds these as findings of approval. Because Nevada has not passed ADU preemption legislation comparable to California's AB 881 or Oregon's HB 2001, Las Vegas retains the ability to enforce owner-occupancy on a continuous basis. If the owner moves out or sells without the deed restriction transferring to a new owner-occupant, the city can revoke the entitlement and require the ADU to be used as accessory space (not rented). HOAs in master-planned communities such as Summerlin and Providence may impose additional or stricter occupancy restrictions through CC&Rs.
Renting an ADU when neither unit is owner-occupied: zoning violation under LVMC 19.18, daily fines, and possible revocation of the special use permit. Removal of the dwelling use may be required.
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Side-by-side rule comparisons with other cities in Clark County.
See how other cities in Clark County handle adu owner occupancy.
See how Las Vegas's adu owner occupancy rules stack up against other locations.
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