Las Vegas City Ordinances, November 13, 1950 to August 6, 1958, lvc000015-337

(3) Nonconforming use means any structure, natural growth, or use of land which does not conform to the regulations prescribed in this ordinance, or any amendment thereto, as of the effective date of such regulations or amendment. (4) Person means any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, and including any trustee, receiver, assignee, or other similar representative thereof. (5) Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smoke-stacks, and overhead transmission lines. (6) Landing area means that part of the airfield that is used or intended to be used for landing and taking-off of aircraft. (7) Board means the Board of Adjustment of the City of Las Vegas. SECTION 3. Zones. In order to carry out the purposes of this ordinance, all of the land within the boundaries of the City of Las Vegas, State of Nevada, and within 50,000 feet of the respective established airfield reference points is hereby divided into height limiting zones, the boundaries of which and the heights applicable thereto are shown on the Nellis Air Force Airfield Zoning Plan, numbered 2045 and dated 18 August, 1953; which is attached hereto and made a part hereof. SECTION 4. Height Limit. Except as otherwise provided in this ordinance no structure or natural growth shall be erected, altered, allowed to grow, or maintained in the height limiting zones hereinafter described to a height in excess of the height specified therefor or established for such zone. For the purpose of this Regulation, the following height limits above the reference point are established for each of the height limiting zones in question: Nellis Air Force Base A Zone; 50:1 feet B. Zone; 200 feet C Zone; 7:1 feet D Zone; 150 feet E Zone; 7:1 feet F Zone; 20:1 feet G Zone; 500 feet SECTION 5. Nonconforming Uses. The regulations prescribed in Sections 3 and 4 of this ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or natural growth not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use. SECTION 6. Variances. Any person desiring to erect any structure or increase the height of any structure, or permit natural growth, or use his property, not in accordance with the regulations prescribed in this ordinance, may apply to the Administrative Agency set forth in Section 10 for a variance therefrom. Such variance shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial, justice and be in accordance with the spirit of this ordinance. SECTION 7. Permits. (1) Future Uses. No material change shall be made in the use of the land, and no structure or natural growth shall be erected, altered, planted, or otherwise specifically listed, tinless a permit therefor shall have been applied for and granted. Each such application shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, natural growth would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit applied for shall be granted. (2) Existing Uses. Before an existing use, structure, or natural growth may be replaced, substantially altered or repaired, rebuilt allowed to grow higher, or replanted, within any of the specified height limiting zones, a permit must be secured from the Administrative Agency authorizing such replacement, change, or repair. No such permit shall be granted that would allow the establishment or creation of a flight hazard or permit a nonconforming use, structure, or natural growth to be made or become higher, or become a greater hazard to air navigation that it was on the effective date of this ordinance or than it is when the application for a permit is made. Except as indicated, all applications for a permit for replacement, change, or repair of existing use, structure, or natural growth shall be granted. SECTION 8. Hazard Marking and Lighting. Any permit or variance granted under Sections 6 or 7 may, if such action is considered advisable to effectuate the purposes of this ordinance and reasonable in the circum­stances, be so conditioned as to require the owner of the structure or natural growth in question to permit the City of Las Vegas, at its own expense to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to aircraft pilots the presence of a flight hazard. SECTION 9. Appeals. (1) Any person aggrieved, or taxpayer affected, by any decision of the Administrative Agency made in its administration of this ordinance, if of the opinion that a decision of the Administrative Agent is an improper application of this ordinance, may appeal to the Board of Adjustment for which provision is made in Section 11. (2) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the Board, by filing with the Board and serving a copy on the Administrative Agency a notice of the appeal specifying the grounds thereof. The Administrative Agency shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. (3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Agent certified to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the Board on notice to the Administrative Agent and on due cause shown. (4) The Board shall fix a reasonable time for the hearing of the appeal, give public notice and due