§ 30.16.070. Special Use Permits.

Applications for special use permits shall be processed per Table 30.16-4. NOTE: ADDITIONAL REQUIREMENTS ARE ESTABLISHED IN SECTIONS 30.16.210 AND 30.16.240.

Table 30.16-4 SPECIAL USE PERMIT - AUTHORITY AND CONSIDERATION TABLE SEE ALSO 30.16.210 for general process information and standards
a. Initiating Authority	Board, public utility, property owner or leaseholder.
b. Standards for Acceptance	1.  Applications to expand the Gaming Enterprise District shall not be accepted unless in compliance with Chapter 30.48, Part E.
	2.  Applications for a special use, or for increased density, intensity, or height within any overlay district are also subject to the additional requirements and restrictions established in Chapter 30.48 (see respective Part).
	3.  Applications for the following (A—F) shall not be accepted prior to a pre-submittal conference which shall include plans as required pursuant to the Chapter (if applicable) noted and/or as determined by the Zoning Administrator:
	A.  uses involving hazardous chemicals, explosives, materials or wastes in amounts regulated by NRS and NAC (determination of pertinent requirements for the proposed use).
	B.  planned unit development (PUD) (see Chapter 30.24).
	C.  mixed use development (see Chapter 30.48 Part J).
	D.  high impact project.
	E.  neighborhood casinos.
	F.  resort hotel.
	4.  FAA and other additional requirements and standards are established in Section 30.16.210.
	5.  Applications to establish package wastewater treatment plants shall demonstrate compliance with Clark County Code, Chapter 24.28, prior to submittal and acceptance.
	6.  Applications to establish supportive housing shall not be accepted without written verification from a competent professional that the project complies with all applicable HUD requirements for supportive housing.
	7.  High impact projects: submit initial RISE (regional infrastructure and service evaluation) reports with the pre-submittal filing package. Applicant cannot submit the special use permit until receipt of a letter from the Director of Comprehensive Planning accepting the final RISE reports as sufficient for consideration by the Board of County Commissioners.
	8.  Each marijuana establishment requires a separate application per 30.16.210(4)(A).
	9.  Applications subject to the Cooperative Management Area Deed Modification Policy shall not be accepted without confirmation from the Department of Aviation.
c. Base Fee	$500 — Except as required below, plus Notice Fee, plus $200 Sign Fee if applicable.
	$250 plus $200 Notice Fee — Project of Regional Significance
	$350 plus $500 Notice Fee — High Impact Projects
	$5,000 plus $175 Notice Fee — Marijuana Establishment
	$8,875 plus $1,000 Notice Fee plus $200 Sign Fee — Expansion of Gaming Enterprise District
	Plus $500 — Pre-submittal Conference Fee if applicable
d. Application Process	1.  Pre-submittal conferences required for uses involving hazardous materials, wastes, chemicals, or explosives, in amounts regulated by NRS and NAC; planned unit development; mixed use development; high impact projects; and neighborhood casinos.
	2.  For an expansion of the Gaming Enterprise District, a court reporter shall record the hearing in accordance with NRS Chapters 463 and 656.
	3.  To establish a neighborhood casino, at least one neighborhood meeting with property owners within a 2,500' radius (or the nearest 30 separately owned parcels) of the project shall be required prior to the Town Board meeting. The applicant shall perform the following:
	i.  Send a notice to all property owners, manufactured home tenants and the Town Board with the date, time, and location of the neighborhood meeting at least 10 days prior to that meeting;
	ii.  Conduct a neighborhood meeting; and
	iii.  Document the notification of property owners and status of neighborhood concerns to the Zoning Administrator.
	iv.  All neighborhood meetings shall be scheduled in the evening hours and located in the same area as the proposal.
	4.  For high impact projects and resort hotel the applicant shall separately submit a traffic impact analysis to the Department of Development Services prior to the pre-submittal conference. After RISE report and other related document distribution to related agencies, a pre-submittal conference will be scheduled within 30 days of filing, to discuss the project as well as any potential infrastructure and services required to mitigate impacts of the project. Upon RISE report finalization, the Director of Comprehensive Planning will issue an acceptance letter and the applicant may submit a special use permit application, and follow the procedure below.
	5.  All applications require a Public hearing per Section 30.16.210.
e. Notice Requirements	1.  Project of regional significance: Posted notice, entity notice, city notice, 750 foot radius notice. High impact project: Posted notice, entity notice, city notice, 1500′ radius notice.
	2.  Gaming Enterprise District Expansion: Posted notice, entity notice, city notice, 2,500 foot radius notice, and signs.
	A.  To establish a neighborhood casino, the applicant shall advertise the project in a newspaper of general circulation within the County, minimum 1/8 of page, substantially concurrent with the time public hearing notices are sent. Content of advertising is left to applicant, but must be approved by staff.
	3.  Explosives, Hazardous Materials or Waste in amounts regulated by NRS and NAC: Posted notice, entity notice, city notice, newspaper notice, 1,000 foot radius notice (including multiple family tenants), and signs. Notice must also be sent to the entities listed in Section 278.147 of NRS. The same notice must be provided for hearings before both the Commission and Board.
	4.  Mixed Use Development in any permitted districts or Alcohol as a principal use outside a gaming enterprise district: Posted notice, entity notice, city notice, 1,500 foot radius notice, and signs.
	5.  All Others: Posted notice, entity notice, city notice, and 500 foot radius notice.
	6.  Notice for applications to redevelop a manufactured home park to a different use shall include signs per 30.16.230(8)(E)(iv).
	(See Section 30.16.230 Notice)
f. Recommending Entities	Government Entities and Town Board, plus Cities for a project of regional significance, and Commission for mixed use developments nonconforming to Section 30.48.770 whose recommendation shall be forwarded to the Board For Explosives, Hazardous Materials or Waste: entities listed under Section 278.147 of NRS
g. Approval Authority	Commission; except the recommendation of the Commission shall be forwarded to the Board for the following applications to:
	1.  Expand the Gaming Enterprise District
	2.  Establish a facility for Explosives, Hazardous Materials or Waste in amounts regulated by NRS and NAC and as required pursuant to NRS 278.147
	3.  Establish a heliport
	4.  Modify evaluative criteria for mixed use development in the C-1, C-2, U-V, and H-1 districts pursuant to Section 30.48.730
	5.  Redeveloping manufactured home parks to a different use
	6.  Expand or establish monorail Board for the following:
	1.  Submitted in conjunction with, or in lieu of, another application that requires board approval
	2.  Project of regional significance
	3.  Mixed use development pursuant to Section 30.48.730(2)
	4.  High impact project
	5.  Waivers for check cashing conditions
	6.  Increase in number of allowed household pets
	7.  Projects within the SOSA Design Overlay District (see Chapter 30.48 Part M)
	8.  Exotic or wild animals and inherently dangerous exotic or wild animals
	9.  Truck staging area
	10.  Marijuana Establishments
	11.  Massage
	12.  Extended hours of operation for reflexology and reflexology establishments
	13.  When required for seasonal sales or temporary outdoor commercial events
	14.  Historic Designation per Section 30.48 PART O
	15.  Transitional living facility for released offenders
	16.  Applications requiring a deed modification pursuant to the Cooperative Management Area Deed Modification Policy.
	17.  At the discretion of the Zoning Administrator.
h. Appeal Authority	Board
i. Standards for Approval	1.  Special uses shall not be permitted by right, but shall be considered on a case by case basis for the proposed lot(s) or parcel(s). Applications are subject to the discretion of the commission and/or board in consideration of the Plan in accordance with Chapter 30.12.
	2.  No application shall be approved unless the applicant establishes that the use is appropriate at the proposed location by showing the following:
	A.  The proposed use shall be in harmony with the purpose, goals, objectives and standards of the Plan and of this Title;
	B.  The proposed use shall not result in a substantial or undue adverse effect on adjacent properties, character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare; and
	C.  The proposed use will be adequately served by public improvements, facilities, and services and will not impose an undue burden.
	3.  In addition to the above, the following shall apply to the uses specified below:
	A.  Applications for high impact projects and projects approved through a nonconforming zone boundary amendment shall demonstrate with clear and convincing evidence that any proposed modification to required design and development standards, including reductions to landscaping, screening and buffering requirements, will not adversely impact neighboring properties.
	B.  Expansions to the gaming enterprise district shall demonstrate that:
	i.  The roads, water, sanitation, utilities and related services to the location are adequate;
	ii.  The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;
	iii.  The proposed establishment will enhance, expand and stabilize employment and the local economy;
	iv.  The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;
	v.  The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area; and
	vi.  All traffic impacts can be adequately mitigated.
	NOTE: A majority vote of ¾ of the Board's members present at the meeting shall be required to approve an expansion of the Gaming Enterprise District.
	C.  Regarding Marijuana Establishments: the following additional factors shall apply in determining which, if any, proposed location for a Marijuana Establishment is appropriate and best suited to serve the needs of the residents of Clark County:
	i.  Whether crime in the area poses an undue threat to the security of the proposed Marijuana Establishment, its products, employees or prospective patrons;
	ii.  Whether the proposed Marijuana Establishment will have an adequate security and transportation plan in place that addresses patron and employee safety, product and building security and the secure transport of medical marijuana from seed to sale, including, but not limited to posting "No Loitering" and "No Graffiti" signs.
	iii.  Whether the design of the proposed Marijuana Establishment maintains a professional appearance;
	iv.  Whether the proposed Dispensaries are properly dispersed throughout the more populous areas of Clark County so that those authorized to use medical marijuana will have convenient access to a sufficient distribution of marijuana for medical use, while also considering whether the locations that are approved, if any, do not adversely impact any one area by being located too closely to another Dispensary.
	v.  Whether the Dispensary is proximately located to medical offices, pharmacies, neighborhood services or similar facilities, including by way of public transportation, such that patrons of a Dispensary may conveniently access other facilities serving their medical needs.
	vi.  Whether the Retail Marijuana Store is adequately separated from other Retail Marijuana Stores to prevent a high concentration of stores within close proximity.
	vii.  Any Marijuana Establishment that obtains a Marijuana Establishment Certificate/License from the State without obtaining the appropriate land use approval from Clark County shall not be considered a legal use and a business license shall not be issued unless all required land use approvals for the Marijuana Establishment have been obtained.
	D.  Applications for aboveground transmission lines 200 kv or greater, which are located outside the corridors identified in the Public Facilities and Services Element of the Clark County Comprehensive Master Plan shall demonstrate that:
	i.  The construction of the aboveground transmission line does not conflict with any existing or planned infrastructure or other utility projects;
	ii.  The proximity of the proposed site does not negatively impact any school, hospital, or urban residential area with a density greater than 2 dwelling units per acre.
	4.  FAA and other additional requirements and standards are established in 30.16.210.
j. Conditions of Approval	High impact projects may cause substantial effects to infrastructure and services. The board may impose reasonable conditions that are related and roughly proportional to the proposed use of the property, and consistent with the intent of this Title, therefore, a development agreement may be proposed.
	A.  Units or other improvements demolished and replaced with a like use will not be included in determining project impacts for purposes of the development agreement;
	B.  A development agreement will ensure provision of necessary improvements to mitigate impacts and adequately serve the proposed development. See also 30.16.210(11)(F).
k. Application Expiration	2 years to commence, unless otherwise approved, or when heard in conjunction with a zone boundary amendment under resolution of intent or tentative map, the expiration date shall match the corresponding application.

 

(Ord. 3720 § 2 (part), 2008; Ord. 3659 § 1 (part), 2008; Ord. 3635 § 3 (part), 2008; Ord. 3549 § 3 (part), 2007; Ord. 3520 § 2 (part), 2007; Ord. 3499 § 1 (part), 2007; Ord. 3432 § 2 (part), 2006; Ord. 3397 § 2 (part, 2006; Ord. 3357 § 2 (part), 2006; Ord. 3355 § 2 (part), 2006; Ord. 3354 § 2 (part), 2006; Ord. 3296 § 3 (part), 2005; Ord. 3229 § 3 (part), 2005; Ord. 3219 § 2 (part), 2005; Ord. 3209 § 4 (part), 2005; Ord. 3174 § 2 (part), 2005; Ord. 3113 § 2 (part), 2004; Ord. 3078 § 1 (part), 2004; Ord. 3055 § 2 (part), 2004; Ord. 3008 § 1, (part), 2003; Ord. 2981 § 2 (part), 2003; Ord. 2970 § 2, 2003: Ord. 2914 § 1 (part), 2003; Ord. 2907 § 2 (part), 2003; Ord. 2890 § 3, 2003; Ord. 2889 § 3 (part), 2003; Ord 2865 § 3 (part), 2003; Ord. 2857 § 3 (part), 2003; Ord. 2851 § 1 (part), 2003; Ord. 2832 § 2, 2002; Ord. 2788 § 2 (part), 2002; Ord. 2779 § 1, 2002; Ord. 2756 § 3 (part), 2002; Ord. 2741 § 3 (part), 2002; Ord. 2665 § 3, 2001; Ord. 2573 § 4 (part), 2001; Ord. 2510 § 3 (part), 2000; Ord. 2482 § 3 (part), 2000; Ord. 2481 § 3 (part), 2000)

(Ord. No. 3771, § 3, 5-20-2009; Ord. No. 3848, § 3, 1-20-2010; Ord. No. 3924, § 3, 12-22-2010; Ord. No. 3955, § 2, 5-18-2011; Ord. No. 4004, § 2, 2-22-2012; Ord. No. 4036, § 7, 6-19-2012; Ord. No. 4061, § 1, 10-3-2012; Ord. No. 4063, § 3, 10-17-2012; Ord. No. 4077, § 3, 1-9-2013; Ord. No. 4123, § 2, 8-21-2013; Ord. No. 4152, § 2, 11-20-2013; Ord. No. 4154, § 2, 12-4-2013; Ord. No. 4193, § 3, 3-19-2014; Ord. No. 4194, § 2, 4-2-2014; Ord. No. 4239, § 2, 9-17-2014; Ord. No. 4240, § 1, 10-8-2014; Ord. No. 4266, § 2, 12-17-2014; Ord. No. 4275, § 2, 2-18-2015; Ord. No. 4355, § 16, 11-18-2015; Ord. No. 4435, § 1, 10-19-2016; Ord. No. 4481, § 4, 4-19-2017; Ord. No. 4487, § 2, 6-6-2017; Ord. No. 4562, § 2, 1-17-2018; Ord. No. 4623, § 3, 8-22-2018; Ord. No. 4658, § 4, 12-19-2018)