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Henderson City Council tables proposed zoning changes for domiciliary and group homes
Summary
After a public hearing and staff presentation, the council voted unanimously to table an amendment to Zoning Ordinance Section 611B that would clarify rules for domiciliary homes, group homes and nursing homes and refer it to the Land Planning Committee for further refinement.
City Manager Frank Frazier introduced a proposed amendment to Zoning Ordinance Section 611B on Nov. 18, saying staff and the Planning Board brought the change in response to citizen complaints that the current rules lacked clear direction. Development Services Director Corey Williams summarized the proposed revision and distributed a three-page summary that would add subsections, formal definitions and standards for parking and interior space.
"The current ordinance lacked clear direction and left much to interpretation," Corey Williams told the council and provided the written summary incorporated into the minutes. Council members probed several details: Council Member Garry D. Daeke asked how the draft distinguishes a boarding house from unrelated adults renting a room and Williams replied the difference turns on the number of adults, noting more than four adults would categorize a property as a boarding house. Council Member Fearldine A. Simmons asked whether foster children would fall under the ordinance; Williams said they would not. Council Member Melissa Elliott raised concerns about whether existing facilities would be grandfathered; Williams said the draft includes a grandfather clause.
City Attorney D. Rix Edwards suggested staff consider adding a definition for short-term rentals such as AirBnB to the ordinance at this time. Mayor Eddie Ellington opened the public hearing; no members of the public spoke for or against the amendment. After discussion, Council Member Garry D. Daeke moved to table Ordinance 19-49 for further refinement and to send the draft to the Land Planning Committee before returning to the Committee of the Whole. The motion was seconded and approved unanimously.
Why it matters: The amendment aims to reduce ambiguity in local zoning enforcement by clarifying which residences are regulated as domiciliary homes, family care homes, group homes or boarding houses. Council’s decision to table the ordinance delays any immediate change and directs staff and the Land Planning Committee to refine definitions, grandfathering language and other specifics before further council consideration.
Next steps: The ordinance will be revised per council direction and returned through the Land Planning Committee for additional review before the council takes further action.
