[Amended 2-26-1987 by Ord. No. 75-33]
Boundaries of zones established by this chapter or the classification of property used herein may be amended whenever public necessity, convenience or general welfare require.
[Amended 2-26-1987 by Ord. No. 75-33; 4-20-2011 by Ord. No. 11-10]
A.
An amendment to the Official Zoning Map may be proposed by the City Council, the Planning and Zoning Commission, the Community Development Director, or the landowner by application.
B.
An amendment to the text of this chapter may be proposed by the City Council, the Planning and Zoning Commission, or the Community Development Director.
C.
An amendment shall be introduced in the form of an ordinance.
A.
Whenever the owner of any land or building desires an amendment, supplement to or change of the regulation prescribed for his property, he shall file with the Planning and Zoning Commission an application therefor, verified by him, requesting such recommendation of amendment; said application shall be submitted to the Community Development Department in duplicate and shall be on forms prescribed and approved by the Planning and Zoning Commission. An application filing fee shall be submitted for all zone change requests, and such fees shall be determined by the application fee table below. Said fee shall be payable to the City of Las Vegas through the Community Development Department. Payment of the filing fee shall not be construed in any way to be approval of the requested amendment. No refund of any filing fee shall be granted.
[Amended 8-18-2004 by Ord. No. 04-13; 4-20-2011 by Ord. No. 11-10]
Application Fee Table | ||
|---|---|---|
Zone Change | Fee | |
To an R-1 Zone | $100 per parcel (minimum of 6,000 square feet) plus $10 per each parcel thereafter | |
To an R-2 Zone | $200 per parcel (minimum of 7,000 square feet) plus $10 per each parcel thereafter | |
To an R-3 Zone | $100 per parcel (minimum of 5,000 square feet) plus $10 per each parcel thereafter | |
Commercial office rezoning | $300 plus $20 per acre over 1.00 acre | |
Manufacturing rezoning | $400 plus $20 per acre over 1.00 acre | |
Commercial to residential | $100 plus $10 applicable to residential change requested | |
B.
Reapplication. No reapplication for a proposed amendment to the Official Zoning Map, which has been denied, shall be filed earlier than one year after the date of such denial unless specific authority to do so has been granted by the Planning and Zoning Commission or by the City Council. Any reapplication for a proposed amendment to the Official Zoning Map shall be treated as such, including the payment of a new filing fee.
C.
Mobile home deposit requirements for development standards. A refundable deposit in the amount of $200 shall be required upon approval of a zone change by the Planning and Zoning Commission and City Council. Said deposit will be required when granting of a zone change to an R-3 Mixed Residential Zone and shall be required only when the specific use is for the placing of a mobile home. The deposit shall consist of a fee of $100 for skirting requirements and a fee of $100 for landscaping requirements. Said deposit shall be paid to the City to insure that conditions pursuant to § 450-123E(8) and (9) are adhered to. The exact deposit amount and conditions shall be required upon approval of a special use permit within a C-3 General Commercial Zone, when the intended use of the mobile home is for the sole purpose of a caretaker dwelling, pursuant to Ordinance No. 77-6, § 450-125C(3)(b). Upon fulfillment of the conditions set by the Council, the applicant shall contact the City's Zoning Department requesting staff conduct on an on-site inspection for confirmation of compliance. If the inspection reveals that the applicant has complied with conditions, the deposit shall be refunded. If the applicant fails to comply with conditions and deposit is held in excess of six months beyond the limits set by the ordinance, said deposit shall be forfeited to the City's general fund.
[Amended 10-27-1994 by Ord. No. 83-6]
[Amended 2-26-1987 by Ord. No. 75-33]
Each application for amendment to the boundaries of zones established or the classification of property herein by this chapter will require a site development plan to include the following:
A.
Name and address of persons or agents proposing the rezoning of land.
B.
Scale and North arrow.
C.
Benchmark locations (unless property is within an existing platted subdivision).
D.
Boundary lines. Bearings in degrees, minutes, and seconds (unless property is within an existing platted subdivision); in any case, distances should be indicated in feet and hundredths.
E.
Existing conditions of the site and its environs shall include the following:
(1)
Easements on site. Location, width, and purpose.
(2)
Public right-of-way on the site.
(3)
Utilities on and adjacent to the site.
(4)
Ground elevation on the site based on mean area level datum (unless property is within an existing platted subdivision) as estimated by the Geological Survey (USGS).
(5)
A statement of ownership, signed by the owner.
F.
Location map showing the location of the site in relation to City boundaries.
G.
Design of off-street parking (if required).
H.
Exact location of structures on site, including signs.
I.
Storm drainage plan (unless property is within an existing platted subdivision). The plan shall include a detailed scheme for controlling the increased runoff for a one-hundred-year frequency storm such as catch basin or ponding area for controlled entry of water into natural drainageways or storm sewers to insure that the increase does not overload the system or cause damage to property and areas at lower elevations.
J.
Front, side and rear setbacks measured in feet and hundredths.
Upon the filing of a proper application for an amendment, or on order of the Planning Commission or the City Council, the Planning Commission shall hold a public hearing thereon, and notice thereof shall be given as prescribed herein.
All applications for amendments to zone boundaries or classification of property uses within such zones as are defined by this chapter shall be set by the City Manager for public hearing when such hearings are to be held before the Planning Commission and by the City Clerk for hearings to be held before the City Council. The date of the first of these hearings shall not be less than 15 days nor more than 40 days from the time of the filing of the application or the adoption of the order upon which such hearing is predicated.
Notice of the time and place of public hearings shall be given in the following manner:
A.
By publication of a notice of such hearing at least once in a newspaper having a general circulation in the City, such notice to be published not less than 15 days prior to such hearing; and
B.
By posting of signs on the subject property within 20 feet of adjacent public right-of-way and in a frequency of not less than one sign every 300 feet. Signs are not required along property lines of subject property that are not adjacent to public right-of-way. Said signs shall be posted not less than 15 days prior to the first public hearing before the Board of Adjustment and shall contain the following information:
(1)
The heading of said signs shall read: "NOTICE OF HEARING TO REZONE PROPERTY" and shall be in type no less than one inch in height.
(2)
The sign shall also contain a brief description of the property involved, the zone changes which are requested and the time and place at which a public hearing before the Planning and Zoning Commission will be held.
C.
Whenever a change in zoning is proposed for an area of one block or less, notice of the public hearing shall be by certified mail, return receipt requested, to the owners, as shown by the records of the County Treasurer, of lots of land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation. Whenever a change in zoning is proposed for an area of more than one block, notice of the public hearing shall be mailed by first class mail to the owners, as shown by the records of the County Treasurer, of lots of land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation. If the notice by first class mail to the owners is returned undelivered, the Community Development Department shall attempt to discover the owner's most recent address and shall remit the notice by certified mail, return receipt requested, to that address.
[Amended 2-26-1987 by Ord. No. 75-33]
The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application set for hearing, including an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the purpose of this chapter and with previous amendments or variances.
The Planning Commission may establish its own rules for the conduct of public hearings. The person acting as Chairman of the Planning Commission is hereby empowered to administer oaths to all persons testifying at a hearing before the Planning Commission.
If, for any reason, testimony on any matter set for public hearing cannot be completed on the days set for such hearings, the Commissioner presiding at such public hearings may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued and no further notice shall be required.
[Amended 3-16-1989 by Ord. No. 77-41]
The Planning Commission shall announce its findings by formal decision not more than 40 days following the conclusion of the final hearing on any application for a change of zone, and said decisions shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the approval or denial of the application necessary to carry out the general purposes of this chapter, and shall recommend to the City Council that an amendment to this chapter be adopted, or that the application be denied.
[Amended 3-16-1989 by Ord. No. 77-41]
In the event the Planning Commission recommends to the City Council that a proposed change of zone be approved, said decision shall be adopted by not less than a two-thirds affirmative vote of the total voting membership of the Commission.
[Amended 3-16-1989 by Ord. No. 77-41]
When the Commission's action is to recommend the adoption of an amendment to this chapter, the Commission shall, within seven days from the date of such action, notify the applicant by forwarding a notice of the decision to the applicant at the address shown on the application and shall forward to the City Council a copy of said notice of decision together with the complete file in the case.
[Amended 3-16-1989 by Ord. No. 77-41]
When the action of the Commission is to deny an application, the Commission shall, within seven days from the date of the adoption of its decision, notify the applicant by forwarding a notice of the decision to the address show upon the application.
[Amended 2-26-1987 by Ord. No. 75-33; 8-18-2004 by Ord. No. 04-13]
The action of the Planning and Zoning Commission in denying an application for amendment to the boundaries of a zone or classification of property used herein shall be final and conclusive unless, within 20 days following the date of decision of said Commission, an appeal in writing is filed with the City Council by the applicant. A fee of $50 shall be paid to the City of Las Vegas through the Community Development Department upon the filing of the written appeal to defray the cost of advertising.
Upon receipt of a written appeal filed with the City Council by the applicant, as provided in this article, the Clerk of the City Council shall advise the Secretary of the Planning Commission who shall transmit to said Clerk of the City Council, the Planning Commission's complete record of the case.
[Amended 3-16-1989 by Ord. No. 77-41]
Within the 40 days following receipt of the notice of decision from the Planning Commission recommending the adoption of the amendment or the filing of a written appeal from an order of the Commission denying an application for the amendment of this chapter as provided in this article, the City Council shall conduct a duly advertised public hearing on the matter, public notice of which shall be published in a newspaper of general circulation in the City not less than 15 days prior to said hearing.
[Amended 2-26-1987 by Ord. No. 75-33[1]]
At the conclusion of the public hearing on a proposed amendment, the City Council may proceed to vote on the proposed amendment, refer back to the Planning and Zoning Commission for further study, or take any action consistent with its rules of procedure. Thereafter, the Planning and Zoning Commission shall have 40 days to report back to the Council with a further recommendation. If a further report is issued, Council shall have an additional 40 days to reconsider the matter. Action by a simple majority of the Council is final at this point. If no further action is taken by the Council, the original decision of Council shall be final at the end of this second forty-day period. If no further report is issued by the Planning and Zoning Commission, the original decision of the Council shall be final after the Planning and Zoning's forty-day reporting period lapses.
[Amended 2-26-1987 by Ord. No. 75-33]
Notwithstanding other provisions of this chapter, if the owners of 20% or more of the area of the lots of land included in the area proposed to be changed by a zoning regulation, or within 100 feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation protest in writing the proposed change in the zoning regulation, the proposed change in zoning shall not become effective unless the change is approved by a majority of all the members of the City Council.
[Amended 2-26-1987 by Ord. No. 75-33]
If a site development plan has been presented and approved, modifications which are consistent with the provisions of this chapter may be approved by the Community Development Director or his designee. If modifications are not consistent with the provisions of this chapter, such modifications may only be approved by the Planning and Zoning Commission.
[Amended 3-19-1987 by Ord. No. 75-47]
When a zone change is approved by the Planning and Zoning Commission and the City Council and conditions are placed on the zone change, a failure to comply with the condition set by ordinance shall constitute a violation of this chapter. Each day that the conditions are not complied with shall constitute a separate offense.