3-2-3: APPLICATION OF REGULATIONS:

Except as hereinafter specified (nonconformance), no building, structure or lot may be used except in conformance with these regulations.

   (A)   Application Of Title: This title shall apply to any change of use of any building or structure or land when the same would amount to reconstruction, extension or structural change.

   (B)   Exceptions: This title shall not affect any existing lawful buildings or structures, nor land to the extent to which it is lawfully used on the effective date hereof. However, nothing in this title shall prevent the strengthening or restoring of a building, or any part thereof, to make it safe for occupancy or use. (Ord. 64, 11-17-1971)

3-2-4: ENFORCEMENT:

This title shall be enforced by the officer or board having the power of enforcing the building regulations 1 , who shall issue no permit for a building, structure or use which would be in violation of the provisions hereof. (Ord. 64, 11-17-1971)

 

Notes

1	1. See title 2 of this code.

3-2-5: BOARD OF ADJUSTMENT; APPEALS:

There is hereby established a board of adjustment, which shall consist of the mayor and council appointed in accordance with Nevada Revised Statutes 228 and 280.

An appeal to the board of adjustment from the order or decision of any administrative officer or board under the provisions hereof shall be taken within ten (10) days after the order or decision appealed from has been rendered. (Ord. 64, 11-17-1971)

3-2-6: SPECIAL USE PERMITS:

Where special authorization or exception by the board of councilmen is permissible hereunder, the person desiring such authorization or exception shall file a written application therefor with said council. Each application shall be accompanied by a fee in an amount established by a schedule adopted by resolution of the board of councilmen and filed in the office of the city clerk. Where, in the opinion of the council such authorization or exception may be granted if accompanied by appropriate conditions and safeguards, it shall impose such conditions and safeguards and make them part of the permit.

No use permit under special use permit authorization by the board of councilmen shall be authorized unless the council determines that the proposed use meets the following requirements:

   (A)   The specific site is an appropriate location for such use;

   (B)   Will not be injurious or dangerous to the public health, or hazardous to the public safety, because of undue traffic congestion, danger of fire or other reasons;

   (C)   Will not produce noise, vibration, dust, smoke, odor, heat or glare observable at the lot lines in amounts objectionable or detrimental to the normal use of adjacent property; and

   (D)   If located in a neighborhood residence, or rural residence or farming district, or in an intermediate residence district, will not be injurious to the character or amenities thereof, because of its design or appearance. (Ord. 152, 1-14-1987, eff. 1-21-1987)

3-2-7: NONCONFORMING USES:

If a nonconforming use is changed to a use permitted in the district in which it is located, it may not be changed again to any use prohibited in the district. If a nonconforming use is changed to a more restricted use, it may not be changed back to the previous use or to another less restricted use.

   (A)   Authorization: The city council may authorize a change, expansion, restoration or resumption of a nonconforming use or building.

   (B)   Variances: The city council may vary the application of dimensional controls of this title in specific cases wherein its enforcement would involve practical difficulty or unnecessary hardship and wherein desirable relief may be granted without substantially derogating from the intent and purpose of this title, but not otherwise upon proceedings brought and determined in accordance with provisions of Nevada Revised Statutes 278.300. (Ord. 64, 11-17-1971)