§ 30.52.120. Waivers.

a.

Provisions for public water and sanitary sewage services. Provisions for public water and sanitary sewage services can be administratively waived, subject to all of the following.

1.

The lot can only be a part of a minor subdivision and cannot be developed in the immediate future. A notarized statement declaring that the parcel is not being created for the purpose of development, and the owner has no intention of developing the lot at this time, shall be submitted with minor subdivision application.

2.

The future development of a lot created under this Section will be subject to the availability of water and/or sanitary sewer service, and the rules and regulations governing water and sanitary sewer connections at the time of building permits or subsequent re-subdivision. A notation will be included on the map indicating that provisions for water supply or sanitary sewerage service have not been made for a certain lot, or lots, and there is no guarantee that adequate water supply or sanitary sewage service will be available to serve the lots.

3.

The resulting lot is within the required connection distance of existing water and/or sewer lines specified.

4.

The resulting lot is not in an area where further subdivision is prohibited due to inadequate public water supply, or inadequate public sanitary sewerage line or treatment capacity.

5.

The resulting lot is at least two (2) gross acres in size.

6.

Simultaneous with the recording of the map, subsequent purchasers of the property shall be informed that:

A.

The specified lot, or lots, were created without provisions for water supply or sanitary sewer service.

B.

Water and/or sanitary sewer service may not be available in the future, which may severely restrict the use of the lot.

7.

Notwithstanding the improvement requirements of this Section, any lot created between July 1, 1973 and July 20, 1993, which was not created by minor subdivision, may submit and record a minor subdivision without being required to improve in order to legalize the lot, providing the lot conforms to all the requirements of this Title and further providing that the lot complies with the Southern Nevada Health District's requirements for individual wells and/or individual sewage disposal systems.

b.

Director of Public Works. When an alternative design is shown to be equally serviceable in a particular instance and if the general prosperity, health, safety and welfare of the public are not adversely affected, the Director may approve an administrative minor deviation (in accordance with Table 30.16-8) for:

1.

Utility Pole location which shall not be permanent and may be withdrawn by the Director of Public Works upon thirty (30) days notice. Any change in location of any utility poles, or any guy wires, shall be made by the person or firm having ownership or control of the same, at no cost to the County.

2.

Time restrictions, as set forth in Section 30.32.100 (Time Restrictions on Work in Streets) of this Title.

3.

Design standards and specifications as provided for in the Clark County Supplement to Uniform Standard Drawings, per Section 30.52.050(b) of this Title or the Hydrologic Criteria and Drainage Design Manuel (including finished floor elevations outside the One-hundred Year Flood Plain).

4.

Right-of-way width requirements in order to accommodate special conditions such as discontinuity with existing streets or topographic conditions.

5.

Time restrictions, as set forth in 30.52.090.

A.

The extension(s) of time shall not exceed two (2) years total.

B.

The amount of the bond or cash deposit required must be recalculated if more than one (1) year has elapsed since the bond has been posted.

6.

For any issue of subdivision layout, location or design, an administrative minor deviation may be approved, provided that an alternative design is shown to be equally serviceable in a particular instance. In no case shall a subdivision design exception be granted under this Subsection which will allow residential lots to front upon a collector or arterial street, allow backing of vehicles onto a street, or allow a double frontage lot access to an arterial street.

c.

Waivers of Development Standards. Waivers to the standards listed in this Chapter may be permitted in accordance with the following:

1.

Waiver of Development Standards Application. All standards listed in this Chapter may be waived in accordance with the procedure stipulated in Table 30.16-7, unless otherwise specified it cannot be waived. Applications for waivers of development standards shall be presented to the Commission and need not be a public hearing, except for waivers to minimum street widths for all private streets and access easements greater than 150 feet in length that serve more than 1 dwelling unit per Section 30.52.030.b.(1) and any requirement for paving (including full width paving and minimum paved legal access) within the right-of-way, except when the existing paving has been accepted and maintained by Clark County. The Board shall consider waivers for paving in the right-of-way at a public hearing and waivers for minimum street widths for all private streets and access easements per 30.52.030.b.(1) which need not be a public hearing. When such a waiver accompanies an application to be presented to the Commission, it shall be forwarded to the Board after Commission action. Compliance with all standards of the Clark County Air Quality Regulations is required. For any proposed development within the area shown within the PM-10 Non-Attainment Area, as shown on the map adopted by the Board on June 4, 1997, and as amended, hereby incorporated by reference, the Zoning Administrator shall not accept an application to waive any paving less than a required thirty-two foot wide road unless:

i.

The proposed lots are being created by minor subdivision for the purpose of sale only and not for immediate development, and providing the smallest lot in the subdivision is not less than two and one half (2 ½) acres in size.

ii.

The waiver of the paved access road is temporary pending the completion of a special improvement district, subject to the Director of Public Works certifying that the improvement project will be completed within two (2) years and providing the applicant signs all documents pertaining to the Special Improvement District.

iii.

The paving of the access road will result in the complete replacement of the improvement within two (2) years due to future improvements to be installed by any public utility or government entity.

iv.

The proposed lots are to legalize parcels created between July 1, 1973 and July 20, 1993, which were not created by minor subdivision.

2.

If the approval of any land use application by the Board stipulates that any required provision of this Chapter is waived, no further waiver of standards application is required, including conditions of approval for any other land use application which has been appealed to the Board.

d.

Dedication. Dedication for any alignment which the Director of Public Works, determines is unsuitable for the establishment of a right-of-way because of extreme topographic conditions, established street patterns, areas suitable for historic or scenic purposes, or other similar condition, may be waived through the approval of a land use application, subdivision map, or an administrative minor deviation. If the alignment is shown on the Transportation Element, then an amendment must be processed prior to or concurrent with the appropriate land use application or subdivision map. (See Table 30.16-11(b).

(Ord. 3472 § 9 (part), 2006; Ord. 3432 § 8 (part), 2006; Ord. 3397 § 10 (part), 2006; Ord. 3297 § 4, 2005; Ord. 3085 § 54, 2004; Ord. 3008 § 7, 2003; Ord. 2961 § 8 (part), 2003; Ord. 2769 §§ 97—99, 2002; Ord. 2741 § 9 (part), 2002; Ord. 2573 § 11 (part), 2001; Ord. 2510 § 11 (part), 2000; Ord. 2482 § 12 (part), 2000; Ord. 2481 § 3 (part), 2000)

(Ord. No. 3859, § 9, 5-5-2010; Ord. No. 3924, § 8, 12-22-2010; Ord. No. 4152, § 8, 11-20-2013; Ord. No. 4367, § 8, 2-3-2016; Ord. No. 4445, § 3, 11-2-2016)