Las Vegas City Ordinances, November 13, 1950 to August 6, 1958, lvc000015-407

I. The Board of Adjustment 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 Board of Ad­justment may consider necessary to prevent damage or prejudice to adjacent properties or detriment to the city. When necessary, the Board of Adjustment may recommend and the Board of City 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 Board of Adjustment shall be transmitted to the Board of City 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 City Commissioners. After having rendered a decision, the Board of Adjustment shall not reverse its findings and make another determination of any variance unless pertinent facts or conditions not known to the Board of Adjustment 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 Board of Adjustment and filed in the office thereof not more than ten (10) days after the report of the decision has been transmitted to the Board of City Com­missioners. K. The decision of the Board of City Commissioners either for the granting with or without conditions or the denial of an application for variance, shall become final and effective on the tenth(lO) day follow­ing 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(lO) days after the Board of City Commissioners has formally acted on said application. 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 Board of Adjustment either on the original hearing or pursuant to an application for rehearing shall appeal to the Board of City 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 further determination is made by the Board of City Commissioners. L. At its next regular meeting after the filing of such an appeal, the Board of City Commissioners may set a date for public hearing thereon not less than ten (10) nor more than thirty (30) days thereafter. If the Board of City Commissioners deem it necessary to conduct a public hearing, notice of such hearing shall be given in the manner prescribed in paragraph E of this section, including notice to the Board of Adjustment and the building inspector. M. The Board of City Commissioners may proceed to hear any person or persons interested, and after hearing such appeal, and reviewing any further report of the Board of Adjustment, may sustain, reverse, or modify the decision of the Board of Adjustment by a majority vote of the Board of City 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 Board of Adjustment and granted by the Board of Commis­sioners, as herein provided for, shall be conditional upon the privileges granted being utilized within six (6) month 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 3. Chapter 2b, Section 34, Code of Las Vegas, Nevada, 1949, is hereby amended to read as follows: "Section 34. Amendments and changes. A. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Board of City Commissioners may from time to time after report thereon by the planning commission and after public hearings as required by law, amend, supplement, modify, change or repeal the regulations and restrict tions, and the boundaries of districts or classifications of property herein or subsequently established. B. Amendments, supplements or changes may be initiated in the following manner with by: 1. The planning commission its own motion. 2. The Board of City Commissioners upon its motion. 3. Petition of one or more of the owners of property within the area proposed to be changed. Such petition shall be in the form of an application for change of land use classification, shall be filed in the office of the planning commission upon forms furnished by the planning commission for the purpose and be accompanied by such date and information as may be prescribed for the purpose by the planning commission so as to assured the fullest practicable presentation of facts for the permanent records. Each such application shall be verified by at least one of the owners of property within the area proposed to be changed by such application, attesting to the truth and correctness of all facts and information presented with the application. The planning commission shall report on all proposed changes or amendments regardless of the manner in which such changes or amendments were initiated. C. The planning commission shall, hold a public hearing upon any application for change of land use classification. Public hearings shall be held within six (6) months of the filing of an application on such dates and under such conditions as may be determined by resolution of the planning commission, and spread upon the minutes of said commission. Notice of said hearing shall be given in the manner or pro­cedure provided in Section 2 of this ordinance, except that such procedure shall specifically refer to ap­plication for change of land use classification and where all property within the area proposed to be changed not under the same ownership, the owners of any property within the boundaries of the land proposed for such reclassification shall also be notified of such hearing. Notice of said hearing shall also be given by two publications once a week for two weeks within fifteen days of said hearing; such publications to be made in a newspaper published in the City of Las Vegas. Within thirty (30) days after the public hearing on such application, the planning commission shall report its findings and recommend in writing to the Board of City Commissioners approval or denial of the proposed change or amendment. The applicant shall be notified by the planning commission of its recommendation, such notice to be sent by registered mail not more than three (3) days after the commission has filed its report with the Board of City Commissioners. D. When the planning commission deems it necessary or expedient, the said commission may consider other property for a change or amendment in addition to the property described in an application for change of land use classification and may include such additional property in the notices of hearing, and consider amendments relating to such property at the public hearing. E. The Board of City Commissioners shall consider the application for change of land use classification and report of the planning commission thereon at its next regular meeting after receipt of such report. If, from the facts presented and by findings of the report of the planning commission, it has been determined that the public necessity, convenience, general welfare or good zoning practice require the change or re- classification involved or any portion thereof, the Board of City Commissioners shall by ordinance effect