Las Vegas City Ordinances, November 13, 1950 to August 6, 1958, lvc000015-406

The Board of Commissioners of the City of Las Vegas, Nevada, do ordain as follows: SECTION 1. Chapter 24, Section 12, C1, Code of Las Vegas, Nevada, 1949, at page no. 381 is hereby amen­ded to read as follows: C. BUILDING SITE AREAS: 1. The requirements of this article as to minimum building site area shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land other than in the M-2 district in the event that such lot or parcel of land is: (a) Shown separately on any official subdivision map duly approved and recorded in the manner pro­vided by law, or (b) Deeded by a deed of record prior to the adoption of this article, or (c) Subject to a recorded contract of sale in full force and effect at the time this article be­comes effective. SECTION 2. Chapter 24, Section 27, Code of Las Vegas, Nevada, 1949 as amended by Ordinance No. 471, is hereby further amended to read as follows: "Section 27. Variances, adjustments and appeals. A. The Board of Commissioners may in special or exceptional cases and under appropriate condi­tions and safeguards, vary the strict application of this article in harmony with its general purposes and in- tent, in accordance with rules and conditions set forth herein for the granting of variances and adjustments as provided in this article. B. An application for any permissible variance or adjustment of regulation as provided herein, shall be made to the Board of Adjustment in the form of a written application, such form to be known as 'ap­plication for variance'. This application shall be filed with the office of the Board of Adjustment and shall be made upon forms provided by the board, and shall be verified by the owner of the lot or parcel of land concerned in the application. The application for variance shall set forth the following information, facts and exhibits all of which shall be maintained in the permanent files of the Board of Adjustment. 1. The provisions or regulations of this article from which the property or building is sought to be excepted. 2. A legal description of the property involved. 3. Ground plans showing the location of al1 existing or proposed buildings, and elevations of all proposed buildings or alterations to buildings in sufficient detail to meet the requirements of the Board of Adjustment and photographs when necessary. 4. Evidence of the ability and intention of the applicant to proceed with the actual construct­ion work in accordance with plans within six (6) months after the effective date of the variance. C. The applicant shall present a statement and adequate evidence as part of such application showing certain conditions and facts to be established. Such statement and evidence shall show. 1. That there are special, exceptional and extraordinary circumstances or conditions ap­plying to the property or to the intended use of the property under consideration which make compliance with the provisions of this article difficult and a cause of hardship to, and abridgement of property rights of, the owner of such property. 2. That such circumstances or conditions do not apply generally to other properties in the same land use district. 3. That the granting of the variance is necessary to do substantial Justice to the applicant for variance or the owner of the property under consideration, 4. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public health, safety, or welfare. 5. That the granting of the variance will not adversely affect any master plan of the city. D. The Board of Adjustment is authorized to make a uniform charge of fifty ($50.00) dollars, pay­able to the City Clerk, to partially cover the cost of making maps, sending out notices, and other incidental administrative expenses involved in any application for a variance or adjustment, this charge being due and payable at the time of filing such application. The Board of Adjustment may designate its planning engineer as its agent to receive and inspect any application for variance at the time of filing. When it has been as­certained that such an application is in proper order and complies with the requirements of the zoning ordi­nance, such application shall be approved for filing. No such application shall befiled unless it complies with the requirements of the zoning ordinance. E. The Board of Adjustment shall hold a public hearing upon each properly submitted application for variance . Upon receipt of any such application by the officer or employee of the Board of Adjustment designated in the rules of the Board of Adjustment for such purpose, such officer or employee shall set a time and place for a public hearing before the Board of Adjustment on such application. Such hearing shall be held not less than ten (10) dor later than thirty (30)days following the date of filing of such applica­tion or following the referral thereof to the Board of Adjustment who shall set the date for hearing and the applicant shall be notified of the date of such hearing. The Board shall exert every effort to see that each owner of property within a distance of three hundred (300) feet of the exterior boundary of the lot or parcel of land described in such application is notified of the time and place of the hearing, the description of the property involved and the provisions of the article from which a variance is sought. The Board may use any, or all, of the following methods of notification: 1. By mailing a notice to each property owner shown on the latest assessment rolls of the County, or Other available public records. 2. By the posting of a written notice, posted conspicuously at a minimum of two public places within the affected area. 3. By publishing a legal notice in a daily paper of general circulation in the community. In either case, notification shall be made not less than ten (10) days prior to the date of the hearing. Prom the time of filing such application until the time of such hearing, the application together with all plans and other data submitted, shall be available for public inspection in the office of the Board of Adjustment. F. The Board of Adjustment shall cause to be made by its own members or its planning engineer as its agent when assigned for the purpose, an investigation of facts bearing on any application for variance sufficient to assure that the action taken on each variance is consistent with the intent and purpose of the zoning ordinance. G. The Board of Adjustment shall bear and consider evidence and fact from any person at the public hearing, or shall consider written communications from any person relative to the granting of a variance. The right of any person to present such evidence shall not be denied for the reason that such person was not required by the zoning ordinance to be Informed of such public hearing. H. Within thirty (30) days from the conclusion of the public hearing the Board of Adjustment shall render its decision unless such time limit be extended by common consent and agreement signed by both appli­cant and the Board of Adjustment add made a part of the records pertaining to the application concerned. If in the opinion of the Board of Adjustment the necessary facts and conditions set forth in this section apply in fact to the property referred to in the application for variance and that the same comes within the purview of the Board of Adjustment, it may grant the variance in whole or in part upon such safeguards as it deems necessary. If, however, such facts and conditions do not prevail nor apply or if the granting of the variance will adversely affect the property of the persons in the vicinity of the applicant's prop­erty, or for any other valid reason, the Board of Adjustment shall deny the application.