[Amended 3-19-2003 by Ord. No. 03-01]
As used in this article, the following terms shall have the
meanings indicated:
A permit as a prerequisite to the establishment of certain
uses in certain zoning districts. Uses requiring a special use permit
are specified by the zoning district in this chapter. Special uses
are uses of land that have the potential to be incompatible with the
surrounding neighborhood. These uses have different characteristics
than the surrounding neighborhood, including the potential to increase
traffic, noise or lighting glare, and may not be suitable for all
areas.
The purpose of this article is to promote the public health,
safety and general welfare by providing for special safeguards in
the location and design of certain uses in certain districts, and
by allowing for minor adjustments to regulation standards, as specifically
provided elsewhere in this chapter.
It is unlawful for any person to establish or conduct a use
requiring a special use permit without first obtaining the required
permit as provided in this chapter.
A.
The Board of Adjustment shall hear and take final action on special
use permit applications. In taking final action it may:
B.
If the special use permit is granted, the Board of Adjustment must
make findings that the proposed special use permit will be compatible
with the existing or permitted uses of adjacent properties and is
consistent with the City of Las Vegas Master Plan. The Board of Adjustment
must take into account:
(1)
The potential impact on natural resources and on the total population
which the available natural resources will support.
(2)
The potential impact on the immediate neighborhood.
(3)
The availability of and need for affordable housing that is accessible
to persons with disabilities.
(4)
Economic conditions and benefit or detriment to the community that
would be the effect of granting the special use permit.
C.
The Board of Adjustment may impose conditions as part of the approval
in order to assure that appropriate mitigation measures are taken
and that these measures safeguard the public health, safety, morals
and general welfare of the neighborhood and community. Such conditions
may address, but are not limited to, compatibility, site design, architecture,
landscaping, building materials, access, internal circulation (traffic),
lighting, signage, parking, buffers, walls, fences, noise, vibration,
odor, maintenance thereof, operation of use.
D.
Special use permits may be granted for such period of time and with
limitations as may be deemed appropriate and necessary by the Board
of Adjustment. Permit holders who are granted a special use permit
with time limitations may submit a renewal application at the conclusion
of such time allotted. The renewal application shall be reviewed to
assure that such use is or has been in full compliance with the ordinance
herein or any conditions previously imposed; otherwise, the special
use permit shall be deemed expired.
E.
The application shall demonstrate that the considerations listed
below have been addressed. If the applicant is denied, the Board shall
specify in its findings which of these considerations, if any, were
not adequately addressed:
(1)
Circulation. Number and location of access points to the property
and the proposed structures, with particular reference to automotive
and pedestrian safety and convenience, traffic flow and control, and
access in case of fire.
(2)
Parking and loading. Location of street parking and loading areas.
(3)
Effect on adjacent or neighboring property. Effects of the proposed
use on nearby property, including but not limited to the effects of
noise, glare, odor and traffic.
(4)
Service entrances and areas. Location of refuse and service areas
with particular reference to ingress of service vehicles.
(5)
Utilities. Location and availability of utilities.
(6)
Screening and landscaping. Installation of screening and fencing
where necessary to protect adjacent property.
(7)
Signs and lighting. Locations of exterior lighting and signs with
reference to glare, traffic safety, economic effect and compatibility
with other properties in the area.
(8)
Open space. Location of required yards and other open spaces and
preservation of existing trees and other natural features.
(9)
Compatibility. The level of general compatibility with nearby properties
and the appropriateness of the use in relationship to other properties.
(10)
Any other review factors which the Board of Adjustment considers
to be appropriate to the property in question.
F.
Violation of any conditions shall be treated in the same manner as
other violations of this chapter.
Applications for special use permits shall be made on forms
published and provided by the City and shall be filed with the Community
Development Department. Each applicant shall complete all questions
and submit requested material contained within the application form.
Application procedure and conduct of hearings on special use permits shall be in accordance with the provisions of Article VIII.
Compliance with and maintenance of the conditions of approval
of a special use permit for a particular use on a particular piece
of property becomes the responsibility of the property owner. A special
use permit runs with the land, subject to conditions and termination
in accordance with the provisions set forth in this chapter.
Following final approval of a special use permit, the Community
Development Department shall issue the permit after conditions of
approval, except for continuing conditions, have been satisfied. If
such conditions of approval have not been satisfied within one year
after final approval was taken, or within such other time limit specified,
the permit is null and void. The document constituting the special
use permit will include bold letters noting that it is a special use
permit, the applicant's name, address or location for which the permit
is issued, date indicating when the Board of Adjustment or the governing
body of the City of Las Vegas issued the permit, expiration date,
if appropriate, and conditions under which the permit was issued,
and the signature of the authorized administrative City official.
A.
A special use permit must be amended when it appears that:
(1)
One or more of the conditions of approval cannot be met.
(2)
There are substantial material changes to the development for which
the permit was issued.
(3)
In the opinion of the Community Development Department, proposed
changes to a development for which the permit was issued will materially
impact surrounding properties.
A.
Once a
special use permit has been approved, the applicant has one year from
the date of the approval to establish the permitted use. If the permitted
use has not been established or construction to accommodate that use
has not begun within one year from the date of approval, and diligently
pursued, it shall become null and void. Once a permitted use has been
established in accordance with the conditions of approval of the special
use permit, and the special use permit has been issued by the Community
Development Department, the permit will be permanently valid, unless
the permit has a specified expiration date or is revoked. If the use
for which the special use permit was issued ceases operation for six
or more months, the special use permit becomes null and void.
B.
A special use permit may be revoked by the body which approved it
for any of the following reasons:
C.
If the Community Development Department has reason to believe that a special use permit is subject to revocation, the Department may investigate and institute proceedings to revoke the permit. Before revoking any special use permit, the body which approved it must hold a public hearing as provided in Article VIII.
If the permit holder is unable to establish the permitted use or begin construction to accommodate such use within one year, or the time specified in the special use permit, the body which approved it may extend the expiration date of the special use permit for a maximum of one year beyond the original expiration date. To obtain such an extension, a written request must be submitted through the Community Development Department to that body by the permit holder before the permit expires and shall be subject to the same procedure required by Article VIII, including but not limited to the application fee, application forms and supporting documents.
If the Board of Adjustment denies an application for a special
use permit, a new application for a substantially similar permit may
not be submitted for at least six months following the denial.
