Las Vegas City Ordinances, March 31, 1933 to October 25, 1950, lvc000014-405

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 rules 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 fifteen (15) 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 Ordi­nance 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 Clark County. From the time of filing said 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 of this Ordinance. G. The Planning Commission shall hear and consider evidence and fact from any person at the public hearing, or shall consider written communication 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 has not re­quired by this Ordinance to be informed of such public hearing. H. Within thirty (30) days from the conclusion of the public hearing the Planning Commission shall render its decision unless such time limit be extended by common consent and agreement signed by both applicant and the Commission and made a part of the records pertaining to the application concerned. If in the opinion of the Commission 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 Planning Com­mission, it may grant the variance in whole or inpart upon such safeguards as it deems necessary. If, however, such facts and conditions do not premail nor apply or if the granting of the variance will adversely effect the property of persons in the vicinity of the applicant's property, or for any other valid reason, the Commission shall deny the application. I. The Commission in granting a variance, may establish conditions under which a lot or parcel of land may be used, or building constructed or altered, or make requirements as to architecture, height of a build­ing or structure, open spaces, parking areas or vehicle storage, and conditions of operation of any enterprise, or may make any other conditions, requirements or safeguards that the Commission may consider necessary to prevent damage or prejudice to adjacent properties or detriment to the City. When necessary, the Commission may recommend and the Governing Body may require guarantees in such form as deemed proper under the circum­stances, to insure that the conditions designated in connection therewith are being or will be complied with. J. A written report of the decision of the Planning Commission shall be transmitted to the Govern­ing Body and a notice of such decision sent by registered mail to the applicant for variance not more than three (3) days after such report is transmitted to the Governing Body. After having rendered a decision the Commission shall not reverse its findings and make another determination of any variance unless pertinent facts or conditions not know to the Commission at or prior to the date of decision, are subsequently disclosed. Such new facts and conditions shall be set forth in detail in an application for a rehearing before the Commission and filed in the office thereof not more than ten (10) days after the report of the decision of the Commission has been transmitted to the Governing Body. K. The decision of the Planning Commission, either for the granting with or without conditions or the denial of an application for variance, shall become final and effective on the tenth (10) day following approval of such decision by resolution of the Governing Body and the recording thereof in the minutes of the Governing Body, unless within ten (10) days after said Commission has notified the Governing Body in writing, of its decision: 1. The applicant or any owner of property, located within three hundred (300) feet of the exterior boundaries of the property described in such application, and who appeared be- for the Commission either on the original hearing or pursuant to an application for re­hearing shall appeal to the Governing Body by filing such appeal in writing with the City Clerk. If an appeal is filed within the time specified, it automatically stays any proceedings in the matter until a further determination is made by the Governing Body. L. At its next regular meeting after the filing of such an appeal, the Governing Body shall set a date for public hearing thereon not less than fifteen (15) nor more than thirty (30) days thereafter. Notice of such hearing shall be given in the manner prescribed in Paragraph E of this Section, including notice to the Planning Commission and the Building Inspector. M. The Governing Body shall proceed to hear any person or persons interested, and after hearing such appeal and reviewing any further report of the Planning Commission, may sustain, reverse or modify the decision of the Planning Commission by a majority vote of said Body. The decision of the Governing Body shall be final and conclusive in such appeal. N. Any variance or adjustment approved by the Planning Commission and granted by the Governing Body, as herein provided for, shall be conditional upon the privileges granted being utilized within six (6) months after the effective date of the variance. In the event some construction work is involved, it must actually commence within the stated period and must be diligently prosecuted to completion; otherwise the variance is automatically voided. A lapse of work for a period of three (3) months will be sufficient to cause the invalidity of the zone variance. SECTION XXII: USE PERMITS: A. Applications for use permits required in this ordinance shall be filed as herein provided in the Office of the Planning Commission. Use permits may be issued for any of the following.