40.445.050    Exceptions and Reasonable Use Assurances

The following exceptions and assurances shall apply in implementing the standards of this chapter, although the protection standards shall govern to the maximum extent practicable to avoid, minimize, and mitigate for impacts to wetland or fish and wildlife habitat conservation areas functions and values:

A.    Minor Exceptions. Minor exceptions of no greater than ten percent (10%) from the numerical standards of Section 40.445.030 may be authorized by the responsible official subject to the following:

1.    Minor exceptions shall not be authorized in the shoreline management area or combined with wetland buffer averaging, Section 40.445.030(C)(2)(a)(2), or buffer reduction, Section 40.445.030(C)(2)(a)(3).

2.    Minor Exception Criteria. A minor exception from the standards of this chapter may be granted only if the applicant demonstrates that the requested action conforms to all the following criteria:

a.    Unusual conditions or circumstances exist that are peculiar to the intended use, the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same vicinity or zoning district;

b.    The unusual conditions or circumstances do not result from the actions of the applicant;

c.    The minor exception requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances;

d.    The minor exception is necessary for the preservation and enjoyment of a substantial property right of the applicant such as is possessed by the owners of other properties in the same vicinity or zoning district;

e.    The minor exception requested is the least necessary and no greater than ten percent (10%) of the subject standard to relieve the unusual circumstances or conditions identified in Section 40.445.050(A)(2)(a);

f.    The minor exception is consistent with the general purpose and intent of the Clark County comprehensive plan, this title, this chapter, and the underlying zoning district;

g.    Degradation of the functions (including public health and safety) of the subject critical areas and any other adverse impacts resulting from granting the minor exception will be minimized and mitigated to the extent feasible in accordance with the provisions of this chapter;

h.    Granting the minor exception will not otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property;

i.    The proposed development complies with all other applicable standards.

3.    Conditions May Be Required. In granting any minor exception, the responsible official may impose such conditions as are necessary to secure adequate protection of critical areas and developments from adverse impacts, and to ensure compliance with this chapter.

(Added: Ord. 2023-03-01)

B.    Reasonable Use Assurances. The standards of this chapter shall not be used to preclude the following development or activities in wetlands, wetland buffers, or fish and wildlife habitat conservation areas that are not subject to Chapter 40.460.

1.    General Assurances. The standards of this chapter shall not be used to deny all reasonable economic use of private property. The following criteria must be met in order to demonstrate that all reasonable economic use of the property has been denied:

a.    The application of this chapter would deny all reasonable economic use of the property;

b.    No other reasonable economic use of the property has less impact;

c.    Any impact or alteration is the minimum necessary to allow for reasonable economic use of the property; and

d.    The inability of the applicant to derive reasonable economic use of the property is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and not from deed restrictions, the applicant’s own actions, or the actions of any of the applicant’s predecessors in interest, if the actions of the applicant or the applicant’s predecessor or predecessors occurred after the date of adoption of this chapter.

2.    Residential Uses on Existing Legal Lots of Record. Subject to the criteria in Sections 40.445.050(A)(3) and (A)(4), the following activities, where allowed under this title, are deemed reasonable economic uses on legal lots of record:

a.    The placement of a single-family residence and normal appurtenances as defined in Section 40.460.800. Standards may be applied to limit the proposed location of structures or extent of disturbance of soils and vegetation;

b.    The replacement or expansion of the legally established building footprint of a home on a lot that does not show building or development envelopes, wetlands, wetland buffers, or fish and wildlife habitat conservation areas on a recorded plat, boundary line adjustment, easement, or conservation covenant, or pursuant to an approved wetland or habitat permit. An expansion may not exceed six hundred (600) square feet or twenty-five percent (25%) of the legally established building footprint, whichever is greater;

c.    Fire hazard abatement recommended by the local fire official, or consistent with published fire marshal or fire chief guidelines.

3.    Rural Land Divisions. Subject to the criteria in Section 40.445.050(B)(4), the standards of this chapter shall not be used to deny or reduce the number of lots of a proposed rural land division allowed under applicable zoning density.

a.    Standards may be applied to limit the proposed location of structures or extent of disturbance of soils and vegetation.

b.    Land divisions in rural zoning districts (R-5, R-10 and R-20) shall utilize the cluster provisions of Section 40.210.020(D) to the extent practicable.

4.    Public Infrastructure and Utilities. This chapter shall not be used to deny a development proposal from a public agency or public utility, if:

a.    There is no practical alternative to the proposed project with less impact; and

b.    The ability of the public agency or utility to provide services to the public would be unreasonably restricted.

(Added: Ord. 2023-03-01)