CMA Deed Modification Policy

CMA Deed Modification Policy

Cooperative Management Area (CMA) Deed Modification Policy - Phase II

The Board of County Commissioners adopted a policy permitting modification of the covenants, conditions and restrictions (CC&Rs) placed on eligible property previously conveyed in the CMA. To be eligible, the subject property taxes must be paid to date and remain current with the Clark County Assessor’s office through the application process. As explained in the policy, the compatible uses have been updated since the CMA parcels were conveyed. The location of the parcel in relation to the noise contours will determine which of the restrictions may be removed.

Restrictions Available for Removal by Noise Contour on Eligible Parcels
Outside AE-60Within AE-60Within AE-65 and greater
Residential (all forms), Transient lodging, Hotels, Motels, Inns, Lodges, Bed and Breakfasts, Churches, Hospitals, Care Centers, Nursing Homes, Schools, Auditoriums, Concert Halls, Amusement Parks, Outdoor Sports Arenas, Museums, Zoos, and Public Assembly Transient lodging and recreational vehicle parks (with less than 30 days stay), Resorts, Auditoriums, Concert Halls, Amusement Parks, Outdoor Sports Arenas, Museums, Zoos, and Public Assembly Public Assembly

Application Process

CMA landowners may submit a single Deed Modification Request application for adjacent and/or contiguous parcels, as defined by Title 30 Chapter 30.08, which are under the same ownership, along with the required filing fee. There are two different application processes based on the zoning classification of the property.

  1. Process A - Submarket Value: Property that has a zoning classification other than Limited Resort and Apartment (H-1) and/or planned land use that does not allow H-1 zoning. Under this process, the Deed Modification Fair Market Value will be established for each of the CMA submarkets. After the application and filing fee are received and the property is found to be eligible, the applicant must provide a qualifying title report and pay the research fee (other fees may apply, see policy). The square footage of the property that is encumbered by the original CC&Rs will be multiplied by the submarket value to determine the Deed Modification Fair Market Value to be paid (see policy for exceptions). Once all applicable fees are paid, Clark County will record the new CC&Rs against the property to supersede the original CC&Rs.
  2. Process B – Subject Property Appraisal: Property that has a zoning classification of Limited Resort and Apartment (H-1) and/or planned land use that allows H-1 zoning. Under this process, the average of three independent appraisals will determine the Deed Modification Fair Market Value. After the application and filing fee are received and the property is found to be eligible, the applicant must provide a qualifying title report and pay the research fee (other fees may apply, see policy). Three independent appraisals on the property will be ordered and the values of the appraisals will be averaged to determine the Deed Modification Fair Market Value to be paid. Once all applicable fees are paid, Clark County will record the new CC&Rs against the property to supersede the original CC&Rs.

Application Period

The filing period for submitting Deed Modification Request applications under Process B - Subject Property Appraisal opened March 18, 2014. The filing period for Process A - Submarket Value will open after the submarket rates have been established. Below is a chart estimating the filing periods, the exact dates will be published on this website once the submarket rates have been established.

Estimated Filing Periods Chart

Fees

  • Filing - $100.00
  • Research - Per Clark County Ordinance 20.15.010[d]
  • Process A Deed Modification Fair Market Value:
    • Submarket 1 $TBD/sf
    • Submarket 2 $TBD/sf
    • Submarket 3 $TBD/sf
    • Submarket 4 $TBD/sf
  • Process A Transaction - $500.00
  • Process B Deed Modification Fair Market Value - To be determined by appraisal
  • Process B Appraisals - Clark County's cost
  • Process B Transaction - $5,000.00

Documents

Please be advised that Clark County is not obligated to remove any restrictions. Any modified CC&Rs are not intended to promise or guarantee that the proposed use will be allowed. Any CMA landowner obtaining a modification of a parcel's CC&Rs must still apply for and obtain all land use and zoning approvals by making the normal applications and following the established procedures applicable to all Clark County landowners.