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City of Las Vegas, NM
San Miguel County
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Table of Contents
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New Laws (1) Index
When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter occur by reason of the strict interpretation and enforcement of any of its provisions, the Board of Adjustment, upon its own motion, may, or upon the application of any interested person shall, initiate proceedings for consideration of the granting of a variance from the provisions of this chapter under such conditions as may be deemed necessary to assure that the intent and purpose of this chapter will be observed and that the health, safety, and welfare of the community be secured, and that substantial justice be done, not only to the applicant, but to the persons other than the applicant, who might be affected by such variance but subject to the other provisions of this chapter, particularly § 450-63, below.
The sole purpose of any variance shall be the modification of the specific regulations of this chapter and shall be for the purpose of assuring that no property, because of unique circumstances applicable to it, shall be deprived of any privileges commonly enjoyed by other properties in the same vicinity and zone. Variances are hereby declared to be administrative acts, and the authority to approve, conditionally approve, or disapprove a petition for a variance is hereby vested in the Board of Adjustment, subject to the provisions noted in § 450-84, titled "Setting hearings." Self-imposed hardships shall not be justification for granting a variance.
A variance shall not be construed to be an amendment to this chapter or cause the maps which are part of this chapter to be changed, nor shall a variance be used as a procedure to change or be permission to alter the use of land and/or structures not permitted within the district in which an application for a variance is made.
A. 
Before any variance may be granted, it shall be shown:
(1) 
That there are exceptional or extraordinary circumstances or conditions applicable to the property.
(2) 
That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question.
(3) 
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity.
B. 
No nonconforming use of neighboring lands, structures, or buildings in other zones shall be considered grounds for the issuance of a variance.
Variances may be granted upon such conditions and limitations and for such periods of time as the Board of Adjustment or the City Council shall deem to be reasonable and necessity or advisable under the circumstances so that the objective of this chapter shall be achieved.
When in the public interest by action taken at a regular meeting, without publishing or posting of notice, the Board of Adjustment may consider and render decisions on variance cases involving slight modifications in the provisions of this chapter, limited to the following:
A. 
Area requirements may be reduced by not more than 10% of that required in the zone.
B. 
Yard requirements may be reduced by permitting a portion of a building to extend into and occupy not more than 20% of the area of a required yard adjacent to the main structure.
A. 
Each variance granted under provisions of this chapter shall become null and void unless:
(1) 
The construction of use authorized by said variance shall have been commenced within six months after the granting of said variance and pursued diligently to completion.
(2) 
All conditions under which said variance was granted are complied with in their entirety.
B. 
In the event that circumstances beyond the control of the developer arise which prevent completion of the project within the specified six-month time limit, the Board of Adjustment may, upon the request of the developer, extend the time limit for completion for a maximum time of an additional six-month period.