Las Vegas City Zoning Code
ARTICLE VII
Special Use Permits
§ 450-68 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A permit as a prerequisite to the establishment of certain uses in certain zoning districts. Uses requiring a special use permit are specified by the zoning district in this chapter. Special uses are uses of land that have the potential to be incompatible with the surrounding neighborhood. These uses have different characteristics than the surrounding neighborhood, including the potential to increase traffic, noise or lighting glare, and may not be suitable for all areas.
§ 450-69 Purpose.
The purpose of this article is to promote the public health, safety and general welfare by providing for special safeguards in the location and design of certain uses in certain districts, and by allowing for minor adjustments to regulation standards, as specifically provided elsewhere in this chapter.
§ 450-70 Failure to obtain a special use permit.
It is unlawful for any person to establish or conduct a use requiring a special use permit without first obtaining the required permit as provided in this chapter.
§ 450-71 Board of Adjustment review of special use permit applications; findings; considerations.
A.
The Board of Adjustment shall hear and take final action on special use permit applications. In taking final action it may:
B.
If the special use permit is granted, the Board of Adjustment must make findings that the proposed special use permit will be compatible with the existing or permitted uses of adjacent properties and is consistent with the City of Las Vegas Master Plan. The Board of Adjustment must take into account:
(1)
The potential impact on natural resources and on the total population which the available natural resources will support.
(2)
The potential impact on the immediate neighborhood.
(3)
The availability of and need for affordable housing that is accessible to persons with disabilities.
(4)
Economic conditions and benefit or detriment to the community that would be the effect of granting the special use permit.
C.
The Board of Adjustment may impose conditions as part of the approval in order to assure that appropriate mitigation measures are taken and that these measures safeguard the public health, safety, morals and general welfare of the neighborhood and community. Such conditions may address, but are not limited to, compatibility, site design, architecture, landscaping, building materials, access, internal circulation (traffic), lighting, signage, parking, buffers, walls, fences, noise, vibration, odor, maintenance thereof, operation of use.
D.
Special use permits may be granted for such period of time and with limitations as may be deemed appropriate and necessary by the Board of Adjustment. Permit holders who are granted a special use permit with time limitations may submit a renewal application at the conclusion of such time allotted. The renewal application shall be reviewed to assure that such use is or has been in full compliance with the ordinance herein or any conditions previously imposed; otherwise, the special use permit shall be deemed expired.
E.
The application shall demonstrate that the considerations listed below have been addressed. If the applicant is denied, the Board shall specify in its findings which of these considerations, if any, were not adequately addressed:
(1)
Circulation. Number and location of access points to the property and the proposed structures, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire.
(2)
Parking and loading. Location of street parking and loading areas.
(3)
Effect on adjacent or neighboring property. Effects of the proposed use on nearby property, including but not limited to the effects of noise, glare, odor and traffic.
(4)
Service entrances and areas. Location of refuse and service areas with particular reference to ingress of service vehicles.
(5)
Utilities. Location and availability of utilities.
(6)
Screening and landscaping. Installation of screening and fencing where necessary to protect adjacent property.
(7)
Signs and lighting. Locations of exterior lighting and signs with reference to glare, traffic safety, economic effect and compatibility with other properties in the area.
(8)
Open space. Location of required yards and other open spaces and preservation of existing trees and other natural features.
(9)
Compatibility. The level of general compatibility with nearby properties and the appropriateness of the use in relationship to other properties.
(10)
Any other review factors which the Board of Adjustment considers to be appropriate to the property in question.
F.
Violation of any conditions shall be treated in the same manner as other violations of this chapter.
§ 450-72 Application form; filing.
Applications for special use permits shall be made on forms published and provided by the City and shall be filed with the Community Development Department. Each applicant shall complete all questions and submit requested material contained within the application form.
§ 450-73 Procedure and public hearing requirements.
Application procedure and conduct of hearings on special use permits shall be in accordance with the provisions of Article VIII.
§ 450-74 Responsibility for compliance with conditions of approval.
Compliance with and maintenance of the conditions of approval of a special use permit for a particular use on a particular piece of property becomes the responsibility of the property owner. A special use permit runs with the land, subject to conditions and termination in accordance with the provisions set forth in this chapter.
§ 450-75 Issuance of permit; recision of approval; contents of permit.
Following final approval of a special use permit, the Community Development Department shall issue the permit after conditions of approval, except for continuing conditions, have been satisfied. If such conditions of approval have not been satisfied within one year after final approval was taken, or within such other time limit specified, the permit is null and void. The document constituting the special use permit will include bold letters noting that it is a special use permit, the applicant's name, address or location for which the permit is issued, date indicating when the Board of Adjustment or the governing body of the City of Las Vegas issued the permit, expiration date, if appropriate, and conditions under which the permit was issued, and the signature of the authorized administrative City official.
§ 450-76 Amendments.
A.
A special use permit must be amended when it appears that:
(1)
One or more of the conditions of approval cannot be met.
(2)
There are substantial material changes to the development for which the permit was issued.
(3)
In the opinion of the Community Development Department, proposed changes to a development for which the permit was issued will materially impact surrounding properties.
§ 450-77 Expiration or revocation of special use permit.
A.
Once a special use permit has been approved, the applicant has one year from the date of the approval to establish the permitted use. If the permitted use has not been established or construction to accommodate that use has not begun within one year from the date of approval, and diligently pursued, it shall become null and void. Once a permitted use has been established in accordance with the conditions of approval of the special use permit, and the special use permit has been issued by the Community Development Department, the permit will be permanently valid, unless the permit has a specified expiration date or is revoked. If the use for which the special use permit was issued ceases operation for six or more months, the special use permit becomes null and void.
B.
A special use permit may be revoked by the body which approved it for any of the following reasons:
C.
If the Community Development Department has reason to believe that a special use permit is subject to revocation, the Department may investigate and institute proceedings to revoke the permit. Before revoking any special use permit, the body which approved it must hold a public hearing as provided in Article VIII.
§ 450-78 Extension of time.
If the permit holder is unable to establish the permitted use or begin construction to accommodate such use within one year, or the time specified in the special use permit, the body which approved it may extend the expiration date of the special use permit for a maximum of one year beyond the original expiration date. To obtain such an extension, a written request must be submitted through the Community Development Department to that body by the permit holder before the permit expires and shall be subject to the same procedure required by Article VIII, including but not limited to the application fee, application forms and supporting documents.
§ 450-79 Reapplication following denial.
If the Board of Adjustment denies an application for a special use permit, a new application for a substantially similar permit may not be submitted for at least six months following the denial.