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Table 30.16-6 VARIANCE - AUTHORITY AND CONSIDERATION TABLESEE ALSO 30.16.210 for general
process information and standards
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a. Initiating Authority
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Board, property owner or leaseholder
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b. Standards for
Acceptance
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1.
Applications shall only be accepted for variances to the development standards of
this Title.
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2.
When a Waiver of Standards application is identified in this Title as an alternative
method to seek relief, an applicant must pursue the waiver of standards application
(receive decision from the appeal authority) prior to submittal of a variance.
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3.
An application for a variance to the following standards is expressly prohibited,
including additional standards which may be specified as such in this Title, and cannot
be accepted by the Zoning Administrator:
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A.
A use of property not expressly authorized by the zoning district regulation governing
the property in question, as identified in Chapter 30.44.
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B.
Site development standards required with specific uses subject to the requirements
of Chapters 30.44 and 30.48.
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C.
Airport Environs Overlay District requirements of Chapter 30.48.
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D.
Requirements for the expansion of the Gaming Enterprise District of Chapter 30.48.
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E.
Sight zone requirements of Chapter 30.52.
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F.
Clear visibility for all interior drive aisles per Section 30.60.020.
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G.
Mobility impaired parking spaces per 30.60.060.
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H.
Restrictions on the size of water features as identified in Section 30.64.060.
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I.
Procedural requirements of this Title, including Major Projects, Chapters 30.04, 30.16, 30.20, and 30.28.
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J.
Fees as identified in Chapter 30.80.
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K.
Parking spaces required per Table 30.60-1.
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L.
Residential density restrictions as identified in Chapters 30.40 and 30.48.
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M.
Variances to incidental take permits as identified in 30.32.050.
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N.
Requirements for uses involving hazardous chemicals, explosives, materials or wastes.
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O.
Reductions to design standards established in 30.24.080.
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P.
Applications to vary or modify zoning base district standards or mixed use requirements,
including density and height, for mixed use development in the C-1, C-2, or H-1 districts,
except as permitted by Chapter 30.48 Part J.
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4.
FAA and other additional requirements and standards are established in 30.16.210.
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c. Base Fee
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$300 if the deviation is less than 30% of the development standard plus $100 Notice
Fee
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$300 plus $175 Notice Fee
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$250 for High Impact Project or Project of Regional Significance plus $175 Notice
Fee
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d. Application Process
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Public hearing per 30.16.210.
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e. Notice Requirements
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1.
If the deviation is less than 30% of the development standard entity notice, city
notice, 100 foot radius notice
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2.
Mixed use development: Posted notice, entity notice, city notice, and 1,500 foot
radius notice
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3.
All others: Posted notice, entity notice, city notice, 500 foot radius
(See 30.16.230 Notice)
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f. Recommending
Entities
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Government Entities and Town Board.
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g. Approval Authority
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Commission, except for requests to reduce the required separation for large scale
retail businesses, which shall be forwarded to the Board
Board for the following:
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1.
Application submitted in conjunction with, or in lieu of, another application that
requires Board approval
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2.
Variances to the CMA Area Design Overlay District standards
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3.
Applications for a project of regional significance
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4.
Projects within the SOSA Design Overlay District (see Chapter 30.48 Part M)
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5.
Variances to paving
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6.
At the discretion of the Zoning Administrator
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h. Appeal Authority
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Board
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i. Application Expiration
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Two 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. Temporary on site paving variances
of no more than one year if in compliance with Clark County Air Quality Regulation
Section 94.
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j. Standards for
Approval
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1.
In cases where there are special circumstances or conditions peculiar to the property
or building by reason of exceptional narrowness, shallowness, shape or topographic
condition of a specific piece of property, or by reason of other extraordinary or
exceptional situation, where the strict application of the regulations of this Title
would result in peculiar and exceptional practical difficulties to the development
of the property, an applicant may request a variance and shall have the burden of
proof to establish that the proposed variance is appropriate for its proposed location.
The Commission or Board shall take into consideration the benefit to the applicant
if the variance is granted as weighed against the detriment to the health, safety
and welfare of the neighborhood or County by such grant. In making such determination
the Commission or Board shall also consider:
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A.
Whether an undesirable change will be produced in the character of the neighborhood,
or a detriment to nearby properties will be created by the granting of the variance.
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B.
Whether the benefit sought by the applicant can be achieved by some method, feasible
for the applicant to pursue, other than a variance.
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C.
Whether the requested variance is substantial.
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D.
Whether the proposed variance will have an adverse effect or impact on the physical
or environmental conditions in the neighborhood or district.
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E.
Whether the alleged difficulty was self-created, which consideration shall be relevant
to the decision of the Commission or Board, but shall not necessarily preclude the
granting of the variance.
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2.
Applications for 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.
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3.
If the Commission or Board determines that the granting of a variance is appropriate
in accordance within Subsection 1 above, the Commission or Board shall grant the minimum
variance that it shall deem necessary and adequate in order to preserve and protect
the character of, and minimize any adverse impacts on the neighborhood and the health,
safety, and welfare of the County. The Commission or Board may impose reasonable conditions
and restrictions which are directly related and incidental to the proposed use of
the property, and are consistent with the intent of this Title.
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4.
FAA and other additional requirements and standards are established in 30.16.210.
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