The planning commission shall hear and decide variances from regulations and requirements and all matters referred to it or properly of concern in the administration of this chapter. All actions of the planning commission shall be limited to administrative actions only in order to ensure the intent and purpose of this chapter shall apply in special cases as herein defined. Any action that has in effect changed the uses or overall density permitted in any zoning district of this chapter shall be deemed a violation of their powers and be of no force and effect; however, the planning commission may recommend to the city council that an amendment of this chapter be considered, in accordance with procedures specified in this chapter for amendments. (Ord. 256, 4-11-1978)
A. City Planner, Powers And Duties: The city planner shall submit to the planning commission a written report of his findings on each application for variance.
B. Procedure: Any person requesting a variance by the planning commission shall include:
1. The provision or regulations of this chapter from which the property or building is sought to be excepted.
2. A legal description of the property involved.
3. Plot plans showing the location of all existing and proposed buildings.
4. Elevations of all proposed buildings or alterations in sufficient detail to meet the requirements of the planning commission.
5. Evidence of the ability and intent of the applicant to proceed with actual construction in accordance with submitted plans within one year of the date of approval of the variance.
6. Filing fees shall be deposited in accordance with procedures adopted by the city.
C. Application Requirements: Each such application shall be signed by the owner of the land and/or buildings affected by, or by his acknowledged agent. In order for the planning commission to grant a variance, adequate evidence demonstrating conformance to the following criteria shall be presented by the applicant:
1. There are special circumstances or features, i.e., unusual shape, configuration, exceptional topographic conditions or other extraordinary situations or conditions applying to the property under consideration.
2. The special circumstance or extraordinary situation or condition results in exceptional practical difficulties or exceptional undue hardships, and where the strict application of the provision or requirement constitutes an abridgment of property right and deprives the property owner of reasonable use of property.
3. Such special circumstances or conditions do not apply generally to other properties in the same zoning district.
4. The granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public interest, health, safety and general welfare.
5. The granting of the variance will not substantially impair the intent or purpose of the zoning ordinance or effect a change of land use or zoning classification.
6. The granting of the variance will not substantially impair affected natural resources. (Ord. 474, 8-13-1996)
D. Hearing:
1. Notice: Upon the filing of an application, the city staff shall set the matter, not later than thirty five (35) days thereafter, for a public hearing. After the time and place have been established by the city staff, the city shall send, by mail, notice of such time and place and purpose of hearing, at least ten (10) days before the hearing to the owners of property within three hundred feet (300') of the exterior limits of the property involved, as shown by the latest assessment rolls of the city. Notice by mail to the last known address of the real property owners, as shown by the assessor's records, shall be sufficient. Applications must be filed at least twenty (20) days before the planning commission hearing on the variance. Legal notice shall be placed in a newspaper of general circulation within the city at least ten (10) days prior to the date of the public hearing. The planning commission shall comply with Nevada Revised Statutes chapter 241 "notice requirements" in calling the meeting. (Ord. 367, 10-14-1986)
2. Evidence: The planning commission shall hear and consider evidence and facts from any person at the public hearing, or shall consider written communications from any person relative to the variance. The right to present such evidence shall not be denied because of nonrequirements of notification as herein stipulated. (Ord. 362, 4-9-1985)
E. Findings: The planning commission shall, within thirty (30) days from the date of the hearing, return a decision. Any decision of the planning commission to grant a variance shall adhere to variance criteria as set forth in subsection C of this section. Whenever the planning commission denies a variance, written notice of denial, including reasons therefor, shall be mailed to the applicant at the address shown in the application. Failure to render such a decision shall be deemed approval of the application. (Ord. 474, 8-13-1996)
F. Conditions: The planning commission, in approving any variance, may require conditions under which the lot or parcel may be used or the buildings constructed, which in the planning commission's opinion will prevent material damage or prejudice to adjacent properties. Any such conditions as required must be complied with and violation of the same shall result in revocation of the permission granted by variance. Further use shall constitute a violation of this chapter and shall be punishable as herein provided. All variances shall carry the following conditions: (Ord. 256, 4-44-1978)
1. Commencement within one year and completion within eighteen (18) months. (Ord. 474, 8-13-1996)
2. Conformance to plans approved as a part of the variance.
3. Subject to review in two (2) years if determined necessary by the planning commission.
G. Rehearing: Not later than five (5) days after the planning commission renders its decisions, the applicant, or any person who was notified at the hearing or who appeared and testified or presented written testimony at the original public hearing, may apply for rehearing. As a basis for the request for rehearing, such petition shall set forth in detail new facts or conditions not previously known or considered. Applications for a rehearing shall be accompanied by a fee prior to rehearing. Said fee shall be set by the city council.
H. Appeal: The applicant or any person or entity with standing shall have a right to appeal any decision made by the planning commission, in regard to an application for a variance, to the city council as set forth in section 3-2-25 of this chapter. (Ord. 256, 4-11-1978)