§ 30.16.210. Application Process.

When specified within this Title that such an application is required or authorized, the approval authority shall consider applications in accordance with the following procedure in addition to the requirements listed in sections 30.16.040 through 30.16.206 above for specific application types:

1.

Applications. Any application, amendment, or map requiring approval shall be filed with the Zoning Administrator and shall be presented to the approval authority for review. Administrative applications shall be processed and acted upon without a formal hearing. Hearing applications shall be scheduled to a meeting before the approval authority; however, public hearing notices need not be sent to adjacent and nearby properties provided other required notice is given. Public hearing applications shall be scheduled to a meeting before the approval authority and shall be notified per the appropriate application requirement, including notice to adjacent and nearby properties.

2.

Pre-submittal Conference. Any application, amendment, or map requiring a pre-submittal conference shall include plans as required pursuant to this Title and/or as determined by the Zoning Administrator, and shall satisfy all pre-submittal requirements prior to the application's submittal. Multiple applications for the same project may utilize one pre-submittal conference, subject to expiration as established in Section 30.16.210(19)(G). A pre-submittal conference, including any required document submitted thereto, shall not be considered a land use application submittal. A pre-submittal conference shall be required for the following (A-D) and as otherwise 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, including mixed use development in C-1, C-2 and H-1. (see Chapter 30.48 Part J)

D.

High impact project

E.

Neighborhood casinos

F.

Nonconforming zone boundary amendments

G.

Resort Hotel

3.

Document Submittal Requirements. Land use pre-submittal forms and applications shall not be acceptable without the required documents unless the Zoning Administrator determines a listed document is not required. If circumstances warrant, the Zoning Administrator may require additional documentation necessary to evaluate a particular application.

4.

Standards for Acceptance.

A.

All parcels of land included within a single petition or application must be contiguous; however, each Marijuana Establishment requires a separate application. Except for specific applications to waive standards, all plans shall show development that complies with the standards of this Title. If such an application is accepted and later found to not be in conformance with this Title, the application shall be considered to be withdrawn and the fees shall be refunded to the applicant or owner. In addition, standards for acceptance of specific applications are as listed with each application type.

B.

Applications, amendments, or maps to establish uses involving hazardous chemicals, explosives, materials or wastes shall not be accepted prior to submittal of the Clark County Fire Permit Survey Form to the Building Official. The owner or applicant shall also engage in a pre-submittal conference with County staff to discuss hazardous materials requirements pertinent to the proposed development prior to submitting an application for a chemical and/or hazardous material use.

C.

Applications for increased density or intensity, or for exceptions to the special standards required, within any overlay district shall not be accepted unless in compliance with Chapter 30.48.

D.

Annexation applications shall not be accepted without the required acknowledgement from the City into which a property is proposed to be annexed (See Annexation Letter, Section 30.16.240(13).

E.

Applications for waivers to defer temporarily on-site paving requirements shall not be accepted without concurrence from the Department of Air Quality. A waiver to defer on-site paving shall not be required if paving is not required by Clark County Air Quality Regulation Section 92.

F.

Applications for any land use that requires submittal of FAA Form 7460-1, Notification of Proposed Construction, per Section 30.56.070 and Chapter 30.48 Part B shall not be accepted without written evidence (from FAA) of prior submittal to the FAA.

G.

Applications for any land use that requires a pre-submittal conference shall not be accepted prior to satisfying all pre-submittal conference requirements.

5.

Fees. When applicable, the applicant shall pay a filing fee per Chapter 30.80 at the time of filing for a pre-submittal conference request, application, amendment, or map (fees are also listed in each application table).

6.

Processing Time. Generally, action shall be taken approximately within the specified period as measured from the date of acceptance of the application unless appealed, extended by the County, at the request by owner, or for good cause.

7.

Review.

A.

The Zoning Administrator may notify interested public utilities and governmental entities. The Town Board whose jurisdiction includes the area of the petition shall be notified not less than ten days prior to the hearing unless it is an administrative application.

B.

If a hearing is required to be a public hearing, public notice as required shall be provided, and interested parties shall have an opportunity to be heard.

C.

The approval authority shall consider the submitted data and information, recommendations from public utilities, government entities including town boards, and interested parties in an endeavor to determine whether the application will help accomplish the purpose and intent of this Title.

D.

For an expansion of the Gaming Enterprise District, a court reporter shall record the hearing in accordance with Chapters 463 and 656 of NRS.

8.

Approval Authority. The approval authority listed in Tables 30.16-2 through 30.16-17 shall have the authority to take final action on an application, amendment, or map, except that applications for which the Commission is the approval authority may instead, when submitted in conjunction with another application, amendment, or map requiring Board action, be acted on by the Board.

9.

Request to Hold. The owner or applicant may request the approval authority to postpone consideration of an application, amendment, or map from the scheduled date to a future date. The approval authority may hold the application, amendment, or map as requested, may hold it to a date other than requested, or may act on it if the approval authority determines action is appropriate. Per NRS 278.050 and 278.3195, the approval authority shall not grant more than two (2) continuances on the same matter unless additional circumstances are warranted by the determination of good cause shown by the applicant.

10.

Decision. Pursuant to Nevada Revised Statutes, the approval authority shall act upon the application with consideration to recommendations from the Town Board and other government entities, providing all applicable requirements of this Title are met.

11.

Conditions of Approval. As a prerequisite to approval of an application, the approval authority may impose conditions on any application, amendment, or map necessary to accomplish the objectives of this Title and to mitigate potential adverse effects of an application on adjacent properties and the community which shall be binding on property owner(s) and their successors, including but not limited to the following:

A.

All development or use of land is subject to the development standards listed in this Title unless otherwise specified.

B.

Compliance with all approved plans, conditions, restrictions and rules is required prior to permit issuance or map recordation, except that the approval authority may require revisions to plans.

C.

The approval authority may require the property owner to grant to the County right-of-way, easements, or other consideration necessary for the protection of the health and welfare of the community, including the signing of a resolution of intent in conjunction with an application for a zone boundary amendment.

D.

Any condition imposed by the Board in conflict with any requirement of this Code which is designed to mitigate the impact of an application, amendment, or map on adjacent property owners or the community shall be permitted without additional land use application submittals unless the condition would create a health or safety hazard (including, without limitation, sight zone or airport environs hazards). Any condition imposed by the Commission in conflict with am requirement of this Code which is designed to mitigate the impact of an application, amendment or map the application shall be forwarded to the Board for final action.

E.

Any condition imposed on a previously approved application may be waived on any subsequently approved application if required notices show the waiver requested. The Commission may only waive conditions imposed by the Commission; however, the Board may waive conditions imposed by the Commission or Board.

F.

The approval authority may consider a Development Agreement for high impact projects. The agreement will address the need for the provision of adequate public facilities and/or infrastructure including but not limited to transportation, fire and police protection, flood control and drainage, parks, and open space, trails system, schools, water and sewer services, related to the proposed development, and as identified in the RISE reports submitted with special use permit application. In addition, the Development Agreement will evaluate phasing of additional facilities and services for the proposed development, and ensure existing services for established development will not be significantly affected. The approval authority may consider whether a less intense project is appropriate if the Development Agreement does not adequately address the impacts and related needs identified in the RISE reports.

G.

For projects other than high impact projects or Major Projects, the approval authority may propose a Development Agreement consistent with the needs identified by the Southwest Las Vegas Valley PFNA Report initiated and approved by the Board. Modifications to the formula for the Standard Development Agreement are not permitted except through a Negotiated Development Agreement.

12.

Standards for Approval. In addition to specific standards for approval for each application type listed in Sections 30.16.040 through 30.16.206 above, the following standards apply for the consideration of all application types:

A.

An application, amendment, or map may be approved if it meets the following criteria:

i.

It is generally consistent with the Plan, as amended, or reflects conditions that have changed since the adoption or amendment to the Plan.

ii.

There will be capacity to provide adequate public facilities and services, including but not limited to transportation, utility, sewer, water, police, and fire service, to accommodate development permitted under the proposal.

iii.

It complies with and forwards the capital improvement planning efforts of the County.

iv.

It will not significantly impact the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

v.

It will result in a logical and orderly development pattern.

vi.

The proposal, including but not limited to the density, intensity, scale, height, and operations, is harmonious and compatible with existing and planned development on adjacent properties and in the surrounding area or neighborhood; shall not be unsightly, undesirable, or noxious; and/or includes measures that will be taken to adequately buffer or otherwise mitigate any incompatibility.

B.

The approval of an application, amendment, or map shall constitute a finding by the approval authority that the application, amendment, or map is consistent with the standards and purposes enumerated in the Plan, this Title, and/or NRS. The approval of any application, amendment, or map will not waive building codes, fire codes, business license requirements, or any other requirement imposed by County, State, or Federal regulations or law.

C.

Except for administrative minor deviations, special use permits, waivers, and variances to specific development standards as approved, development shall comply with all development standards as specified in this Title.

D.

Written evidence that the FAA has determined whether a proposed structure constitutes a hazard to air navigation shall be submitted two weeks prior to final approval unless the Zoning Administrator concludes the FAA determination has been submitted early enough for action to occur, on any related land use application for any proposed structure that intrudes into the Airport Airspace Overlay District that is not excepted (see Chapter 30.48 Part B); applications for which required FAA determinations have not been received shall be held or denied.

13.

Denial. The denial of an application, amendment, or map shall constitute a finding by the approval authority that the application, amendment, or map is inconsistent with the standards and purposes enumerated in the plan, this title, or the Nevada Revised Statutes. Unless denied without prejudice, an application, amendment, or map that is denied is subject to the re-petition period specified in this chapter.

14.

Finality of Decision. Except where an item has been appealed or forwarded to the Board for final action, a decision becomes final upon expiration of the appeal or reconsideration period. No permits or licenses shall be issued until the action becomes final.

A.

For all administrative applications other than administrative temporary uses for seasonal sales, or temporary signs per Table 30.72-3, administrative minor deviations to development standards within Chapters 30.32 and 30.52, and Zoning Compliance applications, the applicant shall be sent a Notice of Administrative Decision following action on the application. Action shall be final and effective 5 working days from the date the letter was sent unless appealed to the Board. The applicant or correspondent notification must include delivery confirmation.

B.

Action for administrative temporary use applications for seasonal sales or temporary signs per Table 30.72-3, administrative minor deviations to development standards within Chapters 30.32 and 30.52, and zoning compliance applications shall be final and effective on the date of action on the application.

C.

For all applications acted on by the Commission or Board, the Notice of Final Action shall be sent by first class mail following final action.

15.

Appeal.

A.

All appeals shall be in writing, except that no appeal is required if, at the hearing on an item, Staff announces that the item shall be forwarded to the Board for final action.

B.

For applications acted upon by the Planning Commission, the appeal must be physically received by the Zoning Administrator by 5:00 p.m. on the fifth working day following action on the application, in which case the approval authority's decision will serve as a recommendation to the Board.

C.

For Administrative Minor Deviation applications to development standards within Chapters 30.32 and 30.52, the manner of appeal is to submit a Waiver of Development Standards.

D.

For Administrative Vacation and Abandonment applications, the manner of appeal is the submittal of a Vacation and Abandonment application.

E.

For all other administrative applications or Zoning Administrator's decisions, the manner of appeal is to submit a written request to appeal the Zoning Administrator's decision to the Board by 5:00 p.m. of the fifth working day from when the Notice of Administrative Decision or Zoning Administrator's letter has been sent. The Zoning Administrator's decision will serve as a recommendation to the Board.

F.

For applications acted upon by the Board, see Section 30.16.210(16) (Reconsideration).

G.

Once an appeal has been filed, it cannot be withdrawn.

H.

Any person may appeal the Board's approval of an application to expand the Gaming Enterprise District outside the Las Vegas Boulevard Gaming Corridor or the Rural Clark County Gaming Zone, per Chapter 463 of NRS, to the review panel of the Gaming Policy Committee within 10 working days of the decision of the Board.

I.

A Planning Commissioner who voted on an application my not file an appeal.

J.

In the event of an appeal (does not include applications for which the manner of appeal is to submit a land use application), the application shall be scheduled for a hearing by the Board on the date announced at the Commission meeting. Administrative applications shall be scheduled for the next available zoning agenda after the appeal is processed unless continued for good cause. The Board may limit its discussion to the issues raised in the appeal.

16.

Reconsideration.

A.

Request. For any application, amendment, or map whereby final action is decided by the Board, any member of the Board who voted in favor of the motion which carried may request that the application, amendment, or map be reconsidered if made in writing and received by the Zoning Administrator within 5 working days of the decision, in which case the decision shall not become final. The request for reconsideration shall thereafter be scheduled for a hearing before the Board on the second zoning agenda after the request was made.

B.

Rehearing. Should the Board approve reconsideration of the decision at the hearing, the application, amendment, or map shall be scheduled for a public hearing at a subsequent meeting of the Board.

17.

Withdrawal. An application, amendment, or map withdrawn by the property owner or applicant shall cease its consideration. Thereafter, the only consideration shall be whether the application, amendment, or map is subject to the re-petition limits. An application, amendment, or map request withdrawn by the property owner or applicant shall be subject to the re-petition limits specified in this chapter unless accepted as withdrawn without prejudice by the Commission or Board. Any administrative application, application requested to be withdrawn by the County, application requested to be withdrawn prior to public notification, or application withdrawn after approval, will be considered withdrawn without prejudice. A property owner or applicant may not withdraw any portion of an application that is initiated by a government entity.

18.

Re-petition. Unless initiated by a governmental entity, applications, amendments, and maps are subject to the following re-petition limits:

A.

Unless expressly denied or withdrawn without prejudice, the same application, amendment, or map, or a different application, amendment, or map for a more intensive use or increase in density, shall not be accepted by the zoning administrator within twelve months of final action on the previous application, amendment, or map.

19.

Expiration.

A.

Unless otherwise specified in the approval of any amendment or application, the applicant or owner shall have the time specified in Tables 30.16-2 through 30.16-17 to commence or complete the use as measured from the date of the approval.

B.

The approval authority may also approve a special use permit, waiver of development standards, or variance application with a review date to determine continued compatibility with adjacent properties and the community.

C.

Any land use application heard in conjunction with another application, amendment, or map shall have the same time limit unless otherwise specified by the approval authority.

D.

If construction is commenced, work shall continue until completed. If permits for the construction expire before completion and after the commencement date, the amendment or application shall expire unless an extension of time is submitted and approved.

E.

An application, amendment, or map held shall expire if more than six months elapse from the last scheduled meeting date without a request by the applicant for a hearing, in which case the re-petition limits shall apply. An application that has been placed on hold due to insufficient funds shall expire after three months from the submittal date if no replacement funds have been received. Administrative applications, or any application, amendment or map not scheduled to a meeting before the approval authority shall expire if 6 months lapse from acceptance date.

F.

A special use permit, waiver of standards, variance, design review, zoning compliance, or administrative design review application that establishes any use, for which construction has been completed or the use commenced, shall expire if the building is destroyed and not reconstructed, or the use is discontinued and not reestablished, within 1 year if the use or structure has not otherwise become nonconforming. A use is considered to be discontinued if the required license or permit for the use has expired. When reconstruction is required, if reconstruction is commenced within 1 year, the application shall not expire, providing construction is continuous and building permits do not expire.

G.

Satisfaction of pre-submittal conference requirements, including all documents submitted thereto, shall be considered expired after 180 days from the date of the pre-submittal conference.

Table 30.16-21 APPEAL PROCEDURE TABLE
DELETED

(Ord. 3720 § 2 (part), 2008; Ord. 3688 § 3 (part), 2008; Ord. 3586 § 3 (part), 2008; Ord. 3520 § 2 (part), 2007; Ord. 3518 § 4 (part), 2007; Ord. 3472 § 3 (part), 2006; Ord. 3432 § 2 (part), 2006; Ord. 3397 § 2 (part), 2006; Ord. 3382 § 1 (part), 2006; Ord. 3296 § 3 (part), 2005; Ord. 3229 § 3 (part), 2005; Ord. 3219 § 2 (part), 2005; Ord. 3209 § 4 (part), 2005; Ord. 3163 § 2, 2004; Ord. 3113 § 3, 2004; Ord. 3055 § 2 (part), 2004; Ord. 3008 § 2, 2003; Ord. 2988 § 2, 2003; Ord. 2970 § 2 (part), 2003: Ord. 2665 § 8, 2001; Ord. 2573 § 4 (part), 2001; Ord. 2510 § 3 (part), 2000; Ord. 2481 § 3 (part), 2000)

(Ord. No. 3757, § 2, 3-18-2009; Ord. No. 3848, § 3, 1-20-2010; Ord. No. 3924, § 3, 12-22-2010; Ord. No. 3955, § 2, 5-18-2011; Ord. No. 3970, § 2, 7-20-2011; Ord. No. 3975, § 3, 8-17-2011; Ord. No. 4008, § 23, 3-6-2012; Ord. No. 4052, § 1, 8-8-2012; Ord. No. 4127, § 1, 9-4-2013; Ord. No. 4152, § 2, 11-20-2013; Ord. No. 4193, § 3, 3-19-2014; Ord. No. 4275, § 2, 2-18-2015; Ord. No. 4351, § 1, 11-4-2015; Ord. No. 4367, § 3, 2-3-2016; Ord. No. 4481, § 4, 4-19-2017; Ord. No. 4487, § 2, 6-6-2017; Ord. No. 4559, § 6, 1-3-2018; Ord. No. 4623, § 3, 8-22-2018; Ord. No. 4658, § 4, 12-19-2018)