In those circumstances where the city engineer has not acted pursuant to Chapter 21.66 or in all other appropriate cases, the board of adjustment may vary the strict application of this title in harmony with its general intent and purpose and in accordance with the rules and regulations set forth in this chapter and under the provisions of NRS 278.270 to 278.3195, inclusive.

(Prior code §24-29).

(Ord. No. 737, 1-18-2011)

Any person appealing to the board of adjustment shall present an application for variance which shall be filed with the city upon a form and accompanied by such data as the city shall prescribe. It shall include the provision of this title sought to be excepted, a legal description of the property involved, ground plans showing the location of all existing and proposed buildings, elevations of all proposed buildings or alterations and whatever else as may be necessary to meet the requirements of the board. Each application shall be verified by a notary public by the owner of the land or building affected or a lessee interest having a leasehold of not less than six years exclusive of option to renew, or a purchaser in escrow. In the latter case any variance granted by the board shall not become effective until the purchaser files with the board a copy of the deed or bill of sale showing title to vest in the purchaser in escrow.

(Prior code §24-30).

The applicant for a variance shall present a statement and adequate evidence to the board of adjustment showing:

A.

That there are special circumstances or conditions applying to the property under consideration which make compliance with the provisions of this title difficult and a cause of hardship to, and abridgement of property rights of the owners of such property;

B.

That such circumstances or conditions do not apply generally to other properties in the same land use district;

C.

That the granting of the variance is necessary to do substantial justice to the applicant or owner of property;

D.

That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity or be detrimental to the public health, safety and general welfare.

(Prior code §24-33).

Upon filing of such application, a public hearing shall be set before the board of adjustment and public notice shall be given of the time and place and purpose thereof by mailing a notice not less than ten days prior to date of such hearing to the owners of all property within three hundred feet of the exterior limits of the property involved, as shown by the latest assessment rolls of the county. A letter shall also be sent to the applicant. The board 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 the variance. The right to present such evidence shall not be denied because of nonrequirement of notification as herein stipulated.

(Prior code §24-31).

The board of adjustment shall, within thirty days from the date of hearing, return a decision. If in the opinion of the board the necessary facts and conditions as set forth in this chapter apply in fact to the property sought for variance, the board shall grant same, otherwise it shall deny the application. The board in approving the establishment of any use may require conditions under which the lot or parcel may be used or the building constructed which, in the board's opinion, will prevent material damage or prejudice to adjacent properties. Any such conditions as required must be complied with and violation of same shall result in revocation of the permission so granted by variance. Further use shall constitute a violation of this title and be punishable as is provided in Section 21.80.040. All variances shall carry the following conditions:

A.

Work so authorized shall commence within six months and be completed within one year.

B.

Work so authorized shall be in complete conformance to the plans as submitted and approved as part of the variance.

(Prior code §24-32).

The board of adjustment after having rendered a decision shall not reverse its findings unless pertinent facts or conditions not previously known are subsequently divulged. Such new facts as may bear shall be set forth in detail in an application for rehearing before the board to be filed with the council as herein provided. The unanimous concurring vote of the board of adjustment shall be necessary to reverse any such order, requirement, decision or determination.

(Ord. 437 §1, 1976: prior code §24-34).