Las Vegas City Ordinances, November 13, 1950 to August 6, 1958, lvc000015-80

ORDINANCE NO. 471 AN ORDINANCE TO AMEND SECTION 21 OF ORDINANCE NO. 378, ALSO REFERRED TO AS CHAPTER 24 OF THE CODE OF THE CITY OF LAS VEGAS, NEVADA, 1949, ENTITLED: "AN ORDINANCE OF THE COMMISSION OF THE CITY ,OF LAS VEGAS, ESTAB- LISHING A LAND USE PLAN WITHIN THE CITY OF LAS VEGAS, CREATING ELEVEN (11) DISTRICTS, REGULATING AND RESTRIC­TING: THE USE OF LAND, THE LOCATION AND USE OF BUILDINGS AND OTHER STRUCTURES;.THE HEIGHTS AND BULK OF BUILD-, INGS AND OTHER STRUCTURES; THE PROVISION OF OPEN SPACES FOR LIGHT AND AIR; THE INTENSITY OF SUCH USES AND THE DENSITY OF POPULATION; ESTABLISHING BUILDING SETBACK LINES; ADOPTING A MAP OF SUCH DISTRICTS; DEFINING THE TERMS USED. HEREIN; PROVIDING FOR THE ADJUSTMENT AND AMENDMENT THEREOF; REQUIRING THAT CERTAIN PERMITS SHALL BE SECURED FOR SUCH BUILDINGS, STRUCTURES AND IMPROVEMENTS AND FOR THE USE THEREOF, AND OF LANDS; REQUIR­ING CERTAIN FEES; PROVIDING FOR ENFORCEMENT AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH", AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE­WITH. The Board of Commissioners of the City of Las Vegas does ordain as follows: Section 1. Section 21 of Ordinance No* 378, also referred to as Section 27, Chapter 24 of the Code of the City of Las Vegas,. Nevada, 1949, is hereby amended to read as follows: Sec. 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 intent, 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 planning commission 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 planning commission and shall be made upon forms provided by the commission, 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 planning commission: 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 all existing or proposed buildings and elevations of all proposed buildings or alterations to buildings in sufficient detail to meet the requirements of the planning commission 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 effect any master plan of the City. D. The planning commission is authorized to make a uniform charge of twenty-five ($25.00) 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 planning commission 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 this article, such application shall be approved for filing. No such application shall be filed unless it comples with the requirements of this article. E. The planning commission 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 planning commission designated in the ruled of the commission for such purpose, such officer or employee shall set a time and place for a public hearing before the planning commission on such application or may refer said application to the commission to establish such time and place for hearing. Such hearing shall be held not less than ten (10) nor later than thirty (30) days following the date of filing of such application or following the re­ferral thereof to the planning commission who shall set the date for hearing and the applicant shall be notified of the date of such hearing. The planning commission shall cause to be sent to 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, notice of the time and place of the hearing, a description of the property involved, and the provisions of this article from which a variance is sought. For the purposes of this section, "Property owner" shall mean that owner shown upon the latest assessment rolls of the comity. From 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 planning commission. F. The planning commission 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