14.26.135 Restrictions in special protection areas.
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A. Development Limitation.
1. New Operations. The City shall not approve applications for the following in Special Protection Areas as defined in VMC section 14.26.115B2:
a. New bulk petroleum fuel operations as defined by VMC 14.26.110; or
b. New Class II operations as defined in VMC Table 14.26.125A.
2. Existing Operations. Existing bulk petroleum fuel operations are nonconforming uses. However, existing bulk petroleum fuel operations throughout the Special Protection areas may become conforming by:
a. Filing such a request with the City; and
b. Taking the necessary action(s) to meet all applicable provisions of this chapter to the City’s satisfaction.
B. Septic Systems.
1. The City shall accept no application for approval of a project in the Critical Aquifer Recharge Area defined at VMC section 14.26.115B1, including the Special Protection Areas defined at VMC section 14.26.115B2 relying upon installation of a septic system until the system has been approved by Clark County Public Health or a successor agency responsible for permitting of septic systems.
2. New septic systems and replacement of existing septic systems shall not be permitted in Special Protection Areas. An owner/operator may seek relief from this prohibition by filing with the City a request for relief accompanied by an analysis prepared by a qualified professional to the City’s satisfaction of the potential for groundwater contamination at the site. This analysis may include a soils and groundwater evaluation if deemed necessary by the City.
3. The City shall not approve a project relying upon installation of a septic system in a Special Protection Area unless all of the following findings are made:
a. Connection to an existing sewer line is impossible or impracticable; and
b. The property cannot be reasonably developed without use of a septic system; and
c. The septic system design poses no significant risk of groundwater contamination.
4. The City’s decision may be appealed to the Hearings Examiner in accordance with VMC section 14.26.160.
C. Heating Oil Tanks.
1. New underground heating oil tanks and replacement of existing heating oil tanks shall not be permitted in Special Protection Areas. An owner/operator may seek relief from this prohibition by filing with the City a request for relief accompanied by an analysis prepared by a qualified professional to the City’s satisfaction of the potential for groundwater contamination at the site. This analysis may include a soils and groundwater evaluation if deemed necessary by the City.
2. The City shall not approve the installation of an underground heating oil tank in a Special Protection Area unless the following findings are made:
a. Connection to another source of fuel or energy is impracticable; and
b. The proposed underground fuel tank poses no significant risk of groundwater contamination.
3. The City’s decision may be appealed to the Hearings Examiner in accordance with VMC Section 14.26.160.
D. Direct Infiltration Facilities.
1. New direct infiltration facilities, and replacement of existing direct infiltration facilities shall not be allowed for Class I and Class II operations in Special Protection Areas. An operation may seek relief from this prohibition by filing with the City a request for relief accompanied by an analysis prepared by a qualified professional to the City’s satisfaction of the potential for groundwater contamination at the site. This analysis may include a soils and groundwater evaluation if deemed necessary by the City.
2. The City’s decision may be appealed to the Hearings Examiner in accordance with VMC section 14.26.160.
E. Underground Tanks for Storing Hazardous Materials.
1. New and replacement underground tanks for storing hazardous materials, as defined in VMC 14.26.110, shall not be installed in Special Protection Areas. If an above-ground storage tank is not a feasible alternative, an operation may seek relief from this prohibition by filing with the City a request for relief accompanied by an analysis prepared by a qualified professional to the City’s satisfaction of the potential for groundwater contamination at the site. This analysis will include a complete description of the material(s) proposed to be stored in the tank along with any soil and groundwater evaluations deemed necessary by the City.
2. The City’s decision may be appealed to the Hearings Examiner in accordance with VMC section 14.26.160. (Ord. M-4179 § 57, 2016; Ord. M-3920 § 4, 2009; Ord. M-3600, 2002)