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Las Vegas City Zoning Code

19.00 General

Provisions

 

19.00 General Provisions

19.00.010 Short Title

The provisions of this Title shall be known and may be cited as the Unified Development Code of the City of Las Vegas and may be referred to as “this Title”.

Effective on: 1/1/1901

19.00.020 Authority

This Title is adopted pursuant to the provisions of the Nevada Revised Statutes (NRS), including NRS Chapter 278. The City Council may amend the text of this Title or the Official Zoning Map Atlas which is a part of this Title whenever public necessity, safety, general welfare or convenience requires.

Effective on: 1/1/1901

19.00.030 Purpose and Intent

It is the purpose and intent of the City Council that this Title promotes the following purposes:

General

  1. To preserve and enhance the present qualities and advantages that exist in the City;
  2. To encourage the most appropriate use of land, water and natural resources consistent with the public interest;
  3. To overcome present problems and handicaps and effectively manage future problems that may result from the use and development of land and property;
  4. To prevent the impacts of both overcrowding of land and undue concentrations of population as well as the negative effects of leapfrogging sprawl and underutilization of land and property;
  5. To manage the orderly and efficient provision of adequate levels of public facilities and services necessary to support planned development;
  6. To protect human, environmental, social, natural and economic resources;
  7. To maintain, through orderly growth and development, the character and stability of present and future land use and development in the City.
  8. To ensure that required on-site and off-site dedications and public improvements are properly installed or guaranteed;

Implementation of General Plan

  1. To coordinate and ensure the execution of the City’s General Plan through effective implementation of development review requirements, adequate facility and services review and other goals, policies or programs contained in the General Plan.

Comprehensive, Consistent and Equitable Regulations

  1. To establish a system of fair, comprehensive, consistent and equitable regulations, standards and procedures for the review and approval of all proposed development, divisions, and mapping of land within the City in a manner consistent with State law.

Efficiently and Effectively Managed Procedures

  1. To promote fair procedures that are efficient and effective in terms of time and expense and that appropriate process is followed in the review and approval of applications made under this Title;
  2. To be effective and responsive in terms of the allocation of authority and delegation of powers and duties among ministerial, appointed and elected officials; and
  3. To foster a positive customer service attitude and to respect the rights of all applicants and affected citizens.

Sustainability

  1. To promote the implementation of the “Sustaining Las Vegas” Policy, Sustainable Energy Strategy and Climate Protection resolution of the City.

Effective on: 1/1/1901

19.00.040 Relationship to General Plan

The adoption of this Title is consistent and compatible with and furthers the goals, policies, objectives and programs of the General Plan. It is the intent of the City Council that all regulatory decisions made pursuant to this Title be consistent with the General Plan.

For purposes of this Section, “consistency with the General Plan” means not only consistency with the Plan’s land use and density designations, but also consistency with all policies and programs of the General Plan, including those that promote compatibility of uses and densities, and orderly development consistent with available resources.

Effective on: 1/1/1901

19.00.050 Relationship of Zoning Districts to General Plan

The establishment of zoning districts is intended to be one of the means of implementing the City’s General Plan and any amendment thereto, as such implementation is permitted and required by State Law. The General Plan serves as a guideline and framework for the zoning and regulatory provisions of this Title. With respect to the Land Use Element of the General Plan, there are goals, objectives and provisions for use categories and density ranges, but also for the achievement of other planning objectives such as appropriate mixing and buffering of uses to ensure overall compatibility.

Effective on: 1/1/1901

19.00.060 Effectiveness and Applicability

  • General
    The provisions of this Title are effective as of the date specified by Ordinance 6135 as adopted by the City Council on March 16, 2011, unless otherwise modified by ordinance, and shall apply to the development of all land, public or private, within the corporate limits of the City, except as specifically provided otherwise in Nevada Revised Statutes. No application for the development of land, or for approval of a map under this Title, shall be approved unless the application is determined to be in conformance with the requirements of this Title and all applicable development regulations, including any standards, plans or policies that have been adopted so as to have a regulatory effect. No land shall be divided, used, or structure constructed, except in accordance with the regulations and requirements of this Title, including the requirement to obtain applicable approvals and permits prior to the development of the property. All development applications filed on or after the effective date of this Title, whether for new development or for the expansion or alteration of existing development, shall be processed in accordance with the standards, requirements and procedures established herein. For development applications which were filed before and are pending on the effective date of this Title, the City may require compliance with the standards and procedures set forth in this Title unless the applicant demonstrates that it is inequitable for the City to do so.
  • Exceptions
    The provisions of this Title and any amendments hereto shall not affect the validity of any lawfully issued and effective building permits for development issued prior to the effective date of this Title, if the construction was prior to the effective date of this ordinance, and if the construction continued under valid permits until complete. If any such permit expires prior to completion, all future development shall be in conformance with the requirements of this Title.

    • Effective on: 1/1/1901

    19.00.070 Administration

  • A.
    Director of Planning
    For the purposes of this Title, the term “Director” means the Director of the Department of Community Development. The Director is hereby designated as the Secretary of the Planning Commission. Except where otherwise specified, the Director is responsible for the administration and enforcement of this Title. In connection with that responsibility, the Director shall have the authority to:
    1. 1.
      Accept and process applications under this Title;
    2. 2.
      Organize and maintain records associated with those applications;
    3. 3.
      Conduct the necessary review of maps and development documentation which have been submitted under this Title;
    4. 4.
      Verify compliance with all subdivision, zoning and development requirements;
    5. 5.
      Adopt specifications and procedures relating to the administration of this Title;
    6. 6.
      Take action to approve, deny or otherwise act upon applications in accordance with the provisions of this Title;
    7. 7.
      Approve or deny administrative deviations, exceptions and waivers in accordance with the provisions of this Title;
    8. 8.
      Perform any other function described in this Title that is not otherwise assigned to a particular person or entity; and
    9. 9.
      Delegate, designate or assign to another person any function described in this Section or Title, except to the extent not permitted by law.
  • B.
    Delegation of Authority
    Whenever reference is made to the head of a Department or to some other City officer or employee, the reference shall be construed as authorizing the head of the Department or other officer to designate, delegate to and authorize professional-level subordinates to perform the required act or duty, unless the terms of the provisions or an applicable State statute specifies otherwise.

    • Effective on: 1/1/1901

    19.00.080 Interpretation

  • Rules of Interpretation
    In interpreting the language of this Title, the rules set out in this Section shall be observed unless the interpretation would be inconsistent with the express language of this Title. In the case of conflicting language, the more restrictive language shall apply.
  • Meaning and Intent
    All provisions, terms, phrases and expressions contained in this Title shall be liberally construed in order to carry out the intent of the City Council. Terms used in this Title, unless otherwise specifically defined, shall have the meanings prescribed by NRS for the same terms. Any term not specifically defined or prescribed shall have the ordinary meaning ascribed to it in a dictionary of common usage.
  • Text Controls
    In case of any conflict between the text of this Title and any figure, the text shall control.
  • Computation of Time
    The time within which an act is to be performed shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, legal holiday or other day that the City is officially closed to the public, that day shall be excluded. The following time-related words shall have the meanings ascribed below:

    • 19.00.090 Enforcement

  • General
    1. Purpose. Enforcement of the provisions of this Title shall be pursued in order to provide for its effective administration, to ensure compliance with any condition of development approval, to promote the City’s planning efforts, and to protect the public health, safety and general welfare.
    2. Responsibility. The provisions of this Title, and any conditions of development approval which have been imposed thereunder, may be enforced by the Director; the Las Vegas Metropolitan Police Department; and any other City of Las Vegas officer and employee designated to do so. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this Title shall be subject to the remedies and penalties set forth in this Chapter. A building permit, business license, subdivision or other application may be denied for failure to comply with this Title, including any condition or standard imposed on any application granted under this Title.
    3. Stop Work Order. A “Stop Work Order” may be issued with respect to any construction which is in violation of this Title or in violation of any condition which has been imposed on a permit or other approval under this Title.
  • Violations
    1. Misdemeanor
      1. It is unlawful for any person to sell, offer for sale or cause or permit to be sold or offered for sale, any portion of any subdivision or other division of land in the City prior to the recording of an approved parcel map or final map with the County Recorder;
      2. It is unlawful for any person, whether acting as a principal, agent or employee, to violate any provision of this Title, or of any condition imposed upon a Tentative Map, Parcel Map, Special Use Permit, Site Development Plan Review, Variance, Administrative Deviation, Home Occupation Permit or Temporary Commercial Permit granted hereunder.
      3. It is unlawful for the owner, general agent, lessee or tenant of a building or premises or for any other person to cause, permit or assist in the occurrence or commitment of a violation of any provision of this Title or of any condition imposed upon a Tentative Map, Parcel Map, Special Use Permit, Site Development Plan Review, Variance, Administrative Deviation, Home Occupation Permit or Temporary Commercial Permit granted hereunder.
    2. Administrative Action. For any violation of this Title, or of any approval granted or condition of approval imposed hereunder, the City may pursue administrative action to:
      1. Review, modify, suspend, or revoke an approval or permit issued hereunder;
      2. Require the discontinuance of a use operating as a conditional use under LVMC 19.12.040; or
      3. As an alternative to requiring discontinuance under Subparagraph (b) of this Paragraph (2), require that a use operating as a conditional use under LVMC 19.12.040 comply with additional conditions or limitations.
    3. Nuisance. Any building or structure set up, erected, built, moved, or maintained or any use of property contrary to the provisions of this Title shall be, and is declared to be, unlawful and a public nuisance and the City Attorney shall, upon order of the City Council, immediately commence actions or proceedings for the abatement, removal and enjoinment of it in a manner provided by law and shall take such other steps and shall apply to the court as may have jurisdiction to grant relief to abate or remove the building, structure or use, and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any building or structure, or using any property contrary to the provisions of this Title.
    4. Remedies Cumulative. All remedies provided herein shall be cumulative and not exclusive.
    5. Violations Continue. Any violation of the previous Subdivision Regulations or Zoning Code will continue to be a violation under this Title and be subject to penalties and enforcement under this Section, unless the use, development, construction, or other activity complies with the provisions of this Title.
  • Registration of Certain Nonprofit Organizations
    In order to assist in the enforcement of the land use-related provisions of this Title, any nonprofit organization proposing to operate a use or activity within a building or upon any premises shall first register with the Department’s Business Services Division. Registration information is authorized to be shared within the Department to ensure that the proposed operation is or will be in conformance with the provisions of this Title.

    • Effective on: 1/1/1901

    19.00.100 Official Zoning Map

  • Adoption of Official Zoning Map
    The boundaries of each zoning district are delineated and shown on the Official Zoning Map of the City of Las Vegas. The Official Zoning Map, together with all notations, references, dimensions, designations and other information shown on the map, is adopted and made part of this Title by reference. The Official Zoning Map shall be stored, maintained, and kept current by the Department.
  • Establishment of Zones
    1. The residential zoning districts established by this Title are as follows and shall be known and cited as:
    • Abbreviated DesignationZoning District
    Name    		District
    Purpose
    UUndeveloped19.06.050
    R-EResidence Estates19.06.060
    R-DSingle Family Residential-Restricted19.06.065
    R-1Single Family Residential19.06.070
    R-SLResidential Small Lot19.06.075
    R-CLSingle Family Compact-Lot19.06.080
    R-THSingle Family Attached19.06.090
    R-2Medium-Low Density Residential19.06.100
    R-3Medium Density Residential19.06.110
    R-4High Density Residential19.06.120
    R-MHMobile/Manufactured Home Residential19.06.130
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    UUndeveloped19.06.050
    R-EResidence Estates19.06.060
    R-DSingle Family Residential-Restricted19.06.065
    R-1Single Family Residential19.06.070
    R-SLResidential Small Lot19.06.075
    R-CLSingle Family Compact-Lot19.06.080
    R-THSingle Family Attached19.06.090
    R-2Medium-Low Density Residential19.06.100
    R-3Medium Density Residential19.06.110
    R-4High Density Residential19.06.120
    R-MHMobile/Manufactured Home Residential19.06.130
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    UUndeveloped19.06.050
    R-EResidence Estates19.06.060
    R-DSingle Family Residential-Restricted19.06.065
    R-1Single Family Residential19.06.070
    R-SLResidential Small Lot19.06.075
    R-CLSingle Family Compact-Lot19.06.080
    R-THSingle Family Attached19.06.090
    R-2Medium-Low Density Residential19.06.100
    R-3Medium Density Residential19.06.110
    R-4High Density Residential19.06.120
    R-MHMobile/Manufactured Home Residential19.06.130
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    UUndeveloped19.06.050
    R-EResidence Estates19.06.060
    R-DSingle Family Residential-Restricted19.06.065
    R-1Single Family Residential19.06.070
    R-SLResidential Small Lot19.06.075
    R-CLSingle Family Compact-Lot19.06.080
    R-THSingle Family Attached19.06.090
    R-2Medium-Low Density Residential19.06.100
    R-3Medium Density Residential19.06.110
    R-4High Density Residential19.06.120
    R-MHMobile/Manufactured Home Residential19.06.130
      1. The commercial and industrial zoning districts established by this Title are as follows and shall be known and cited as:
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    P-OProfessional Office19.08.050
    OOffice19.08.060
    C-DDesigned Commercial19.08.065
    C-1Limited Commercial19.08.070
    C-2General Commercial19.08.080
    C-PBPlanned Business Park19.08.090
    C-MCommercial/Industrial19.08.100
    MIndustrial19.08.110
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    P-OProfessional Office19.08.050
    OOffice19.08.060
    C-DDesigned Commercial19.08.065
    C-1Limited Commercial19.08.070
    C-2General Commercial19.08.080
    C-PBPlanned Business Park19.08.090
    C-MCommercial/Industrial19.08.100
    MIndustrial19.08.110
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    P-OProfessional Office19.08.050
    OOffice19.08.060
    C-DDesigned Commercial19.08.065
    C-1Limited Commercial19.08.070
    C-2General Commercial19.08.080
    C-PBPlanned Business Park19.08.090
    C-MCommercial/Industrial19.08.100
    MIndustrial19.08.110
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    P-OProfessional Office19.08.050
    OOffice19.08.060
    C-DDesigned Commercial19.08.065
    C-1Limited Commercial19.08.070
    C-2General Commercial19.08.080
    C-PBPlanned Business Park19.08.090
    C-MCommercial/Industrial19.08.100
    MIndustrial19.08.110
      1. The special area zoning districts established by this Title are as follows and shall be known and cited as:
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    C-VCivic19.10.020
    P-CPlanned Community19.10.030
    PDPlanned Development19.10.040
    R-PDResidential Planned Development 119.10.050
    T-CTown Center19.10.060
    T-DTraditional Development19.10.070

    Footnotes:

    1. Development within an R-PD District, except as provided for in LVMC 19.10.050 or elsewhere in this Title, is not available after the effective date of this Title.
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    C-VCivic19.10.020
    P-CPlanned Community19.10.030
    PDPlanned Development19.10.040
    R-PDResidential Planned Development 119.10.050
    T-CTown Center19.10.060
    T-DTraditional Development19.10.070

    Footnotes:

    1. Development within an R-PD District, except as provided for in LVMC 19.10.050 or elsewhere in this Title, is not available after the effective date of this Title.
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    C-VCivic19.10.020
    P-CPlanned Community19.10.030
    PDPlanned Development19.10.040
    R-PDResidential Planned Development 119.10.050
    T-CTown Center19.10.060
    T-DTraditional Development19.10.070

    Footnotes:

    1. Development within an R-PD District, except as provided for in LVMC 19.10.050 or elsewhere in this Title, is not available after the effective date of this Title.
    Abbreviated DesignationZoning District
    Name    		District
    Purpose
    C-VCivic19.10.020
    P-CPlanned Community19.10.030
    PDPlanned Development19.10.040
    R-PDResidential Planned Development 119.10.050
    T-CTown Center19.10.060
    T-DTraditional Development19.10.070

    Footnotes:

    1. Development within an R-PD District, except as provided for in LVMC 19.10.050 or elsewhere in this Title, is not available after the effective date of this Title.
      1. The overlay districts established by this Title are as follows and shall be known and cited as:
    Abbreviated DesignationOverlay District
    Name    		District
    Purpose
    A-OAirport Overlay19.10.080
    CD-ODesigned Commercial Overlay19.10.090
    DC-ODowntown Casino Overlay19.10.100
    DTLV-ODowntown Las Vegas Overlay District19.10.110
    DE-ODowntown Entertainment Overlay19.10.120
    G-OGaming Overlay19.10.130
    HS-OHillside Development Overlay19.10.140
    HD-OHistoric Designation Overlay19.10.150
    SB-OLas Vegas Boulevard Scenic Byway Overlay19.10.160
    LW-OLive/Work Overlay19.10.170
    RP-ORural Preservation Overlay19.10.180
    Abbreviated DesignationOverlay District
    Name    		District
    Purpose
    A-OAirport Overlay19.10.080
    CD-ODesigned Commercial Overlay19.10.090
    DC-ODowntown Casino Overlay19.10.100
    DTLV-ODowntown Las Vegas Overlay District19.10.110
    DE-ODowntown Entertainment Overlay19.10.120
    G-OGaming Overlay19.10.130
    HS-OHillside Development Overlay19.10.140
    HD-OHistoric Designation Overlay19.10.150
    SB-OLas Vegas Boulevard Scenic Byway Overlay19.10.160
    LW-OLive/Work Overlay19.10.170
    RP-ORural Preservation Overlay19.10.180
    Abbreviated DesignationOverlay District
    Name    		District
    Purpose
    A-OAirport Overlay19.10.080
    CD-ODesigned Commercial Overlay19.10.090
    DC-ODowntown Casino Overlay19.10.100
    DTLV-ODowntown Las Vegas Overlay District19.10.110
    DE-ODowntown Entertainment Overlay19.10.120
    G-OGaming Overlay19.10.130
    HS-OHillside Development Overlay19.10.140
    HD-OHistoric Designation Overlay19.10.150
    SB-OLas Vegas Boulevard Scenic Byway Overlay19.10.160
    LW-OLive/Work Overlay19.10.170
    RP-ORural Preservation Overlay19.10.180
    Abbreviated DesignationOverlay District
    Name    		District
    Purpose
    A-OAirport Overlay19.10.080
    CD-ODesigned Commercial Overlay19.10.090
    DC-ODowntown Casino Overlay19.10.100
    DTLV-ODowntown Las Vegas Overlay District19.10.110
    DE-ODowntown Entertainment Overlay19.10.120
    G-OGaming Overlay19.10.130
    HS-OHillside Development Overlay19.10.140
    HD-OHistoric Designation Overlay19.10.150
    SB-OLas Vegas Boulevard Scenic Byway Overlay19.10.160
    LW-OLive/Work Overlay19.10.170
    RP-ORural Preservation Overlay19.10.180

    (Ord. 6270 §2, 09/18/13)

    (Ord. 6323 §2, 06/04/14)

    (Ord. 6562 §2, 01/04/17)

    (Ord. 6608 §2, 12/06/17)

     

    1. Transitional Rules
      Property which, on the effective date of this Title, was classified under a zoning classification which no longer exists under this Title will be reclassified by the City to an existing classification by subsequent Rezoning action. Until that action occurs, such property shall be governed by the requirements and limitations applicable to the zoning classification in effect just before the adoption of this Title.
    2. Amendments
      1. No change to the Official Zoning Map shall be authorized without the approval of a rezoning application. The application shall be processed in accordance with the requirements of LVMC 19.16.090. No change to the Official Zoning Map shall be authorized or become effective without final action of the City Council or a court of competent jurisdiction.
      2. No amendment or rezoning shall be approved unless it is consistent with the goals, objectives and policies of the General Plan.
      3. The Official Zoning Map shall show the dates and appropriate action references for all approved amendments.
    3. Correction of Errors
      The new Official Zoning Map may correct drafting and clerical errors or omissions in the previous Official Zoning Map, but no corrections shall have the effect of amending this Title or any subsequent amendment thereto except in accordance with the notice and hearing procedures set forth in LVMC 19.16.090.
    4. Preservation of Old Maps
      Unless the previous Official Zoning Map is lost or totally destroyed, all of the remaining parts shall be preserved, together with all available records pertaining to its adoption or amendment.

    Effective on: 1/1/1901

    19.00.110 Rules for Interpretation of Zoning District Boundaries

  • Boundary Presumptions
    The following presumptions shall apply in determining uncertain boundaries of a district as shown on the Official Zoning Map:
    1. Where a boundary follows a public street or alley, the centerline of the street shall be the boundary.
    2. Where a boundary follows a lot line, the lot line shall be the boundary.
    3. In cases where district boundary lines are indicated as approximately paralleling street, alley, right-of-way or easement lines existing at the time of the enactment of this Title, they shall be construed as meaning 100 feet distant from the street, alley, right-of-way or easement line, unless otherwise specifically dimensioned on the Official Zoning Map.
    4. In instances where district boundary lines divide a parcel of unsubdivided property, the precise location of the district boundary shall be determined by the use of the scale appearing on the Official Zoning Map, unless the boundary is indicated by a specific dimension on the Official Zoning Map.
    5. Where any public right-of-way is officially vacated or abandoned, the land use district regulations applied to abutting property shall thereafter extend to the former centerline of the vacated or abandoned right-of-way.
  • Determination
    With regard to any uncertainty of boundaries that cannot be resolved with reference to the above presumptions, the Director shall determine the location of the district boundary.

    • Effective on: 1/1/1901

    19.00.120 Fee Schedule

  • Adopted
    The Director is authorized to charge fees related to the processing of applications, appeals and other requests in accordance with the Fee Schedule. The fee schedule, which is adopted by resolution of the City Council and is incorporated by this reference, shall be maintained on file in the office of the City Clerk. The fee schedule may be revised or amended from time to time by resolution of the City Council.
  • When payable
    Fees for filing applications, appeals and other requests under this Title are set forth in the Fee Schedule and are due at the time the application or request is filed.
  • Additional Fees
    With respect to any application, appeal or other request under this Title that requires notification of a public hearing, the applicant shall also pay the notification and advertising costs identified in the Fee Schedule. Payment of those costs shall be made upon filing of the application.
  • Waiver of Fees
    The City Manager may waive any fee referred to in the Fee Schedule on behalf of:
    1. Any member of the Southern Nevada Regional Planning Coalition; or
    2. Any entity with whom the Coalition is required to integrate long-term planning programs pursuant to NRS 278.02584.
       

       

    • Effective on: 1/1/1901

    Day

    Day means a calendar day unless otherwise stated.

    Effective on: 1/1/1901

    Week

    Week means seven calendar days.

    Effective on: 1/1/1901

    Month

    Month means one calendar month.

    Effective on: 1/1/1901

    Year

    Year means a calendar year, unless a fiscal year is indicated.

    Effective on: 1/1/1901

    O

  • Other Clarifications
    1. Headings
      1. Levels of headings used in this Title include Chapters (for example “Chapter 19.00”), Sections (for example “19.00.010”), Subsections (for example “A.”), Paragraphs (for example “1.”) and Subparagraphs (for example “a.”).
      2. The headings contained in this Title are for convenience only and do not limit or modify the intent or meaning of the provisions.
    2. Tense. Unless clearly indicated to the contrary, words used in the present tense shall include the future, words used in the plural shall include the singular, words used in the singular shall include the plural, and words of one gender shall include the other.
    3. Use of Certain Words. The words “shall,” “must,” and “will” are always mandatory. The words “may” and “should” are discretionary. Words and phrases shall be construed according to the common and approved usage in the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to that meaning.
    4. Written Information. References to “written” information shall mean any representation of words, letters or figures whether by printing or other form or method of writing.
    5. Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:
      “And” indicates that all connected items or provisions apply; and
      “Or” indicates that the connected items or provisions may apply singularly or in any combination. The use of the conjunction "or" in the drafting of ordinances is always and inherently capable of differing interpretations, all of which are dependent on context and intent. The word "or" is often used in the definition of a term so as to allow the term's use to cover or be used in connection with more than one alternative. In cases of uncertainty or ambiguity regarding the use of "or," the context and the intent of the provision employing that term shall be used to determine whether the word "or" is 1) intended to enable the term's definition, for the sake of convenience, to apply to various circumstances, or 2) represents a free choice permission, namely, an alternative whose choice is entirely up to an applicant or developer. That determination will be made in accordance with LVMC 19.18.010.
  • Implementation
    All applications which have been accepted as complete by the Director prior to the effective date of this Title shall be processed in accordance with, and subject to, the regulations and requirements in effect at the time the application was accepted as complete. Unless otherwise provided in this Title, the review of previously approved Special Use Permits and other zoning actions bearing a time limitation or subject to periodic review may be evaluated with reference to the requirements of this Title, as amended, unless the property owner or developer demonstrates that it is inequitable for the City to do so. Except as otherwise provided in LVMC 19.00.060 (B), any application accepted as complete after the effective date of this Title shall be processed in accordance with and subject to this Title.
  • Minimum Requirements
    Within the scope and authority of this Title, the provisions hereof are intended to be the minimum requirements adopted for the promotion of the public health, safety and general welfare. Where the provisions of this Title impose greater restrictions than those of any other ordinance, resolution or regulation, the provisions of this Title shall prevail. Where the provisions of any other ordinance, resolution or regulation impose greater restrictions than those of this Title, the provisions of that other ordinance, resolution or regulation shall prevail.
  • Private Covenants or Deed Clauses
    No provision of this Title is intended to interfere with or abrogate or annul any easement, private covenants, deed restriction or other agreement between private parties. In cases in which this Title imposes a greater restriction upon the use of land or structures, the provisions of this Title shall prevail and control. By virtue of this Title, the City is not a party to and has no power or authority to enforce private deed covenants, conditions or restrictions. Private covenants or deed restrictions which impose conditions more restrictive than those imposed by this Title, or which impose restrictions not covered by this Title, are not implemented nor superseded by this Title.
  • Regulatory Conflicts
    Except as otherwise specifically provided, it is not the intent of this Title to repeal, abrogate, annul, or in any way to impair or interfere with any other existing provisions or law or ordinance, or any other rules, regulations or permits previously adopted or issued, or which will be adopted or issued pursuant to law relating to the erection, construction or alteration of an establishment or the moving or enlargement of any buildings. Without limiting the application of the preceding sentence, the provisions of LVMC Chapter 14.11 shall prevail over any provision of this Title to the extent of any conflict or inconsistency.
  • Limitations on City Action
    The issuance or granting of a building permit or approval of plans or specifications under the authority of the Building Code shall not be construed to be a permit for, or an approval of, any violation of any provisions of this Title or any amendments thereto, or of any other law. No permit, approval, representation, action or inaction on the part of a City officer or employee which purports, or could be interpreted, to authorize the violation or cancellation of any of the provisions of this Title shall limit the City’s authority to enforce the provisions of this Title or any other provision of the Municipal Code. No permit or other approval issued under the provisions of this Title shall constitute or imply approval of any business license or permit required by any provision of the Municipal Code. Any permit, license or other approval which is issued in error in conflict with this Title is voidable by order of the City.
  • Other Limitations
    No provision in this Title amounts to a guarantee, warranty or promise that any particular type of construction will be free from defect, will perform in a certain manner, or will be exempt from other legal requirements applicable thereto. The issuance of a permit, or the inspection or approval of any permit, plans or work under this Title, shall in no way constitute a guarantee, warranty or promise that any particular material, labor or construction will be free from defect, or perform in a certain manner, or will be durable, safe or fit for a particular purpose or use. Compliance with this Title is not intended to substitute for the performance of any private duty, nor to reduce or eliminate any private liability on the part of an owner, developer or permittee.
  • Appeals of Interpretation
    1. General. Except as otherwise provided in Paragraph (2) below, any person aggrieved in connection with the inability to obtain a building permit or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of any provision of this Title may appeal the decision to the City Council. An appeal must be in written form and must be filed in the office of the City Clerk, with a copy to be filed in the office of the Department. The appeal must be filed within ten days after the administrative decision is made and shall specifically describe the decision at issue and the basis for the appeal. The appeal shall be considered on the next available agenda of the City Council.
    2. Appeal Unavailable. An appeal pursuant to Paragraph (1) is not available:
      1. For the purpose of avoiding or circumventing the application procedures set forth in LVMC Chapter 19.16; or
      2. Regarding a decision where the result of, or the remedy or relief from, that decision is specifically provided for by means of an application or process described in LVMC Chapter 19.16. Such decisions include without limitation:
        1. An administrative decision to deny a particular application where LVMC Chapter 19.16 specifically provides for a subsequent application or process to follow such a denial; or
        2. An administrative decision that a particular development or activity does not qualify or is ineligible for a particular type of application, where LVMC Chapter 19.16 specifically provides for a subsequent application or process to follow such a decision.

    • (Ord. 6708 §2, 11/06/19)

    Effective on: 1/1/1901