§ 30.48.260. Conditions for Enlargement or Establishment.

The gaming enterprise district may be enlarged or established in accordance with the following requirements:

1.

Limitations on Enlargement or Establishment. Applications to enlarge the GED by expanding an existing development or establishing a new development shall be accepted by the Zoning Administrator only under the following circumstances. The following requirements shall not be waived or varied.

A.

The property is within the Las Vegas Boulevard Gaming Corridor, as defined in NRS 463.3076; or

B.

The property is exempted by NRS 463 from the provisions of NRS 463.3086; or

C.

The property is within an area designated in the land use plan as Commercial Tourist (outside of the Las Vegas Boulevard Gaming Corridor). However, if the property is within the Las Vegas Valley Bureau of Land Management Disposal Boundary and is not exempted from the provisions of NRS 463, it shall also conform to the separations below: (Note: property within the Rural Clark County Gaming Zone per NRS 463 is not required to meet the separations.)

i.

Is 1,500 feet from the property upon which any structure, including structures within another political subdivision, used primarily for religious services, or public or private school is located; and

ii.

Is five hundred (500) feet from the property line of a developed residential district, including uses within another political subdivision. For the purposes of this Chapter a developed residential district means a parcel of land zoned primarily for residential use in which at least one completed residential unit has been constructed on the date of the application for enlargement or establishment. A parcel of land zoned U-V; or H-1 which is also designated as "Commercial Tourist" in the land use guide, shall not be considered land zoned primarily for residential use regardless of any existing, proposed or approved use on that parcel of land;

D.

If the property is located within a major project, the Board may determine at any time whether the establishment should be:

i.

Exempted from the minimum acreage and/or separation distance requirements listed in subsection (E) below (must always meet minimum separations listed in subsection (C) above);

ii.

Required to disclose to potential buyers of homes within a major project, the intent to have live gaming and to post signs on the property intended to be used for live gaming in the future; and/or

iii.

Required to increase the separation distance requirements established in subsection 30.48.260(1)(C) up to those established in subsection 30.48.260(1)(E), from the gaming area to residential uses within the major project area, and/or from residential uses outside of the major project area; or

E.

Any other property shall:

i.

Be a minimum of 5,000 feet from the property line of any residential, school, or church use;

ii.

Not be within the Cooperative Management Agreement boundary (reference Interim Cooperative Management Agreement between the U.S. Department of the Interior, Bureau of Land Management and Clark County dated November 4, 1992);

iii.

Contain a minimum of 50 acres;

iv.

Have a minimum lot depth of 600 feet; and

v.

Have immediate access to freeways/beltways and or future frontage roads via arterial streets or access roads within ¼ mile of the freeway/beltway on-ramps/off-ramps. (The Board may consider other locations that deviate from this requirement where the location generally meets the intent of this section).

F.

Where property is zoned residential, but is undeveloped and designated for a non-residential use by a land use plan map, separations shall be considered based on the land use plan designation, and where the land use plan may designate a mixture of residential and non-residential uses, the separation requirements shall be considered based on the area as if it is a residential designation;

G.

The requirements of this subsection do not apply to: 1) any application for a gaming enterprise district filed prior to May 1, 2000; 2) any property that was designated by the Board of County Commissioners as a gaming enterprise district prior to May 1, 2000, or 3) any property for which nonrestricted gaming was planned as a part of a major project approved prior to May 1, 2000.

2.

Applications.

A.

Zoning Base District. All applications to establish or enlarge a GED, as defined and permitted per subsection 1 (above), shall only be accepted for properties located within an existing or proposed H-1 (Limited Resort and Apartment) District.

B.

Special Use Permit. All applications to establish or enlarge a GED shall include a special use permit application for a resort hotel and casino in conformance with the requirements established in Table 30.16-4.

C.

Pre-submittal Conference. Prior to acceptance of any application for a resort hotel, a pre-submittal conference with the developer (or an authorized representative) and County staff, including staff from other regulatory agencies or jurisdictions, shall be required to discuss proposed plans and review submittal requirements. One pre-submittal conference may be utilized for all related applications (see Chapter 30.16 for submittal requirement details).

3.

Preliminary plans for the proposed development should satisfy the following expectations:

A.

Demonstrate conformance to the development expectations, especially for neighborhood casinos.

B.

Provide for an orderly and creative arrangement of land, including pedestrian-oriented urban form.

C.

Provide for harmonious development compatible with surrounding development, pursuant to Section 30.04.020(11).

D.

Minimize impacts upon adjacent roadways, neighborhood traffic, public facilities and other infrastructure.

E.

Protect the general prosperity, health, safety and welfare of the community.

4.

Documents required for the land use application pre-submittal conference shall include, but not be limited to, the following:

A.

Site Plans (may be conceptual for pre-submittal only).

B.

Project Description.

C.

Elevations.

D.

Floor Plans.

E.

Proof of traffic impact analysis submittal.

F.

Four (4) initial RISE reports.

5.

Support Material. The applicant shall also concurrently prepare and submit written documentation demonstrating that:

A.

The roads, water, sanitation, utilities and related services to the location are adequate;

B.

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;

C.

The proposed establishment will enhance, expand and stabilize employment and the local economy;

D.

The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;

E.

The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area;

F.

All traffic impacts can be adequately mitigated. This requirement must be satisfied by the submission of a traffic impact analysis meeting the requirements set forth in the Clark County improvement standards adopted per Chapter 30.52 to the Clark County Director of Public Works thirty (30) days prior to submitting an application for a special use permit. Evidence of traffic impact analysis is required with pre-submittal conference filing.

6.

Public Hearing. Upon receipt of the documentation required above, the Commission and Board shall hold a public hearing in accordance with the procedures established in Table 30.16-4. A three quarters majority vote of the total membership of the Board (the entire elected or appointed membership of the Board, regardless of whether the entire membership is present at a meeting or not, but does not include members present at a meeting who abstain for ethical reasons) is required to approve an application for such a use;

7.

Decision.

A.

The proposed use shall not adversely affect any residential development, or any structure used primarily for religious services, or public or private school within two thousand five hundred feet of the property upon which the establishment is located;

B.

Following the public hearing, the Board shall either grant or deny the petition. The Board may grant a petition only if it is determined that the proponents have brought forth adequate evidence to demonstrate that the petition meets the requirements of subsection (5) of this section.

8.

Successive Applications. The Board shall not consider another petition for reclassification to the H-1 district or enlargement of the gaming enterprise district concerning the same location or any portion thereof for one year after the date of a final denial.

(Ord. 3549 § 8 (part), 2007; Ord. 3522 § 1, 2007; Ord. 3520 § 5 (part), 2007; Ord. 3472 § 8 (part), 2006; Ord. 3397 § 7 (part), 2006; Ord. 3355 § 6 (part), 2006: Ord. 3296 § 6 (part), 2005; Ord. 3106 § 7, 2004; Ord. 2741 § 8 (part), 2002; Ord. 2537 § 10, 2001; Ord. 2482 § 11 (part), 2000)

(Ord. No. 3859, § 8, 5-5-2010; Ord. No. 4481, § 10, 4-19-2017)