Las Vegas City Ordinances, November 13, 1950 to August 6, 1958, lvc000015-81

of this article. 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 was not required by this article 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 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 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 he used, or a building constructed or altered, or make requirements as to architecture, height of a building or a 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 board of commissioners 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 board of commissioners 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 board of commissioners. After having rendered a decision the planning commission shall, not reverse its findings and make another determination of any variance unless pertinent facts or conditions not known to the plan­ning 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 planning commission and filed in the office thereof not more than ten (10) days after the report of the decision of the planning commission has been transmitted to the board of city commissioners. 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 board of city commissioners and the recording there­of in the minutes of the board of city commissioners, unless within ten (10) days after the planning com­mission has notified the board of commissioners 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 before the planning commission either on the original hearing or pursuant to an application for rehearing shall appeal to the board of commissioners 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 farther determination is made by the board of commissioners. L. At its next regular meeting after the filing of such an appeal, the board of commissioners shall set a date for public hearing thereon not less than ten (10) 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 board of city commissioners 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 the board of commissioners. The decision of the board of city commissioners shall be final and conclusive in such appeal. N. Any variance or adjustment approved by the planning commission and granted by the board of commissioners, 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 months will be sufficient to cause the invalidity of the zone variance. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly re­pealed. Section 3. This Ordinance shall be in full force and effect upon its publication as in the next section provided,.and final passage. Section A. The City Clerk and Clerk of the Board of Commissioners of the City of Las Vegas shall cause this Ordinance to be published once a week for two successive weeks immediately following its first reading and adoption, in the Las Vegas Morning Sun, a daily newspaper published in the City of Las Vegas. s/ C.D. Baker_____________________________ Mayor (SEAL) ATTEST: ______s/ Shirley Ballinger________________ City Clerk The above and foregoing ordinance was first proposed and read by title to the Board of Commission­ers on the 7th day of November, 1951, and referred to the following committee composed of Commissioners Bunker and Jarrett for recommendation; thereafter the said committee reported favorably on said ordinance on the 5th day of December. 1951, which was the regular meeting held on the 5th day of December. 1951, that at