Las Vegas City Ordinances, March 31, 1933 to October 25, 1950, lvc000014-200

petition for an exception, and if the Commission finds, after due investigation and con­sideration of the allegations in the petition and any other competent evidence involving the property in question and the other property in the vicinity thereof, that the facts are such as to entitle the petitioner to an exception, the Commission shall grant the petition excepting such property from any particular restriction or restrictions and permit the erection, alteration, reconstruction or enlargement of any building or structure thereon upon such terms and conditions as it deems proper. If said Commission after such investigation and consideration disapproves such petition, said Commission shall cause to be mailed to such petitioner a post card notice of such disapproval and any disapproval by said Commission shall be final unless the petitioner, within thirty (30) days after date of the mailing of such post card notice, appeals to said governing body by filing with the clerk of said governing body a written notice of such appeal. If upon receiving such notice of appeal the governing body deems it necessary or ex­pedient so to do, it may set the matter for hearing upon such notice to interested parties as it may deem proper. The governing body may except such property from any particular restriction or restrictions and permit the erection, alteration, reconstruction or enlarge­ment of any building or structure thereon upon such terms and conditions as it deems proper under the particular circumstances shown to exist, if it finds that the facts are such as to entitle the petitioner to such an exception. (b) The decision of the governing body upon an appeal from a disapproval of such a petition is final and conclusive as to all things involved in such petition. All acts of the Planning Commission or Governing Body under the provisions of this section, shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this ordinance shall apply in special cases and shall not be construed as amendments to the provisions of this ordinance. (c) If all of the following are found to exist a petitioner is entitled to an exception: (1) that the exception is necessary for the preservation of a substantial property right of the petitioner. (2) That such exception will not be materially detrimental to the public welfare nor to the property of other persons located in the vicinity thereof. (3) That there are practical difficulties or unnecessary hard­ships in the way of carrying out the strict letter of the ordinance, and in the granting of such exception the spirit of the ordinance will be observed, public safety secured, and substantial justice done. (d) The applicant for an exception at the time of filing his petition therefor, shall pay to the City Planning Commission a fee of Twenty-five Dollars (§25.00) to partially cover the incidental expenses connected with the investigation of the facts involved in such petition." Section 6. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. But it is specifically provided that neither the amendment hereby made to said Ordinance nor any repeal hereby provided shall effect in any way any prosecution for the violation of said Ordinance pending at the time of the going into effect of this Ordinance. Section 7. This ordinance shall be in effect from and after its passage, adoption, and publication for two successive issues in the ____Las Vegas Age___________ a weekly________ newspaper printed and published in the City of Las Vegas, Section 8. The City Clerk of the City of Las Vegas is hereby authorized and directed to have this City Ordinance published in the Las Vegas Age a weekly newspaper printed and published in the City of Las Vegas, Clark County, Nevada, for a period of two weeks, that is to say, once each week for a period of two weeks. E. W. Cragin________ Mayor ATTEST: Helen Scott Reed City Clerk The above and foregoing Ordinance was proposed, read aloud in full, and adopted this 19th_____ day of October , A. D. 1943, by the following vote: Voting Aye: Commissioners Bates, Corradetti, Smith, Mayor Cragin Voting no: None______6_________________________________________ Absent: Comm. Clark __________________________ ____Helen Scott Reed_______ City Clerk