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)

3-2-8: CONFLICTING TERMS:

Whenever the terms of the sections and paragraphs set forth in this title are in conflict with any adopted code or portion thereof, the specific language in the sections and paragraphs of this title shall control. (Ord. 64, 11-17-1971)

3-2-9: AMENDMENTS:

This title may be amended, supplemented or changed as to any regulations and restrictions and the boundaries of any districts and zones herein declared, by amendment hereto, after having given any and all notices of public hearing and having held said public hearing, all as required by statute. (Ord. 64, 11-17-1971)

3-2-10: PENALTY:

It shall be unlawful for any person to violate any of the provisions of this title or to cause, permit or suffer the same to be done. Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor.

In addition to prosecuting any such penal action as described in this section, the city shall have the right, by any appropriate proceeding in any court of competent jurisdiction, to prevent the commencement or prosecution of any activities in violation of this title, and any owner of property in the city claiming to be damaged by such violation may, in like manner, institute any such proceedings. (Ord. 64, 11-17-1971)