1. If, after a hearing held pursuant to NRS 384.120, the Commission determines that the proposed construction, reconstruction, restoration, alteration, moving or razing of the exterior architectural feature involved will be appropriate, or, although inappropriate, that failure to issue a certificate would result in hardship as provided in subsection 2 of NRS 384.130, or if the Commission fails to make a determination within the time prescribed in NRS 384.130, the Commission shall immediately issue to the applicant a certificate of appropriateness.

2. The Commission may charge and collect a reasonable fee for the issuance of a certificate of appropriateness by the Commission pursuant to this section or by its staff pursuant to NRS 384.115. If a fee is charged, 50 percent of the proceeds must be deposited in the State General Fund for credit to the appropriate account for the Comstock Historic District and 50 percent must be deposited in a nonreverting Account for the Restoration of the Fourth Ward School in Virginia City, which is hereby created. Money in the Account for the Restoration of the Fourth Ward School may be expended only upon approval by the Commission.

3. In exercising the power to vary or modify strict adherence to the provisions of NRS 384.010 to 384.210, inclusive, or to interpret the meaning of NRS 384.010 to 384.210, inclusive, so as to relieve hardship under the provisions of subsection 2 of NRS 384.130, the Commission shall require any variance, modification or interpretation to be in harmony with the general purpose and intent of NRS 384.010 to 384.210, inclusive, so that the general historical character of the District is conserved and substantial justice done. In allowing variations, the Commission may impose such reasonable and additional conditions as will, in its judgment, better fulfill the purposes of NRS 384.010 to 384.210, inclusive.

4. If the Commission determines that a certificate of appropriateness should not issue, it shall immediately set forth in its records the reasons for the determination, and may include recommendations respecting the proposed erection, construction, restoration, alteration, moving or razing, and shall immediately notify the applicant of the determination by transmitting to the applicant an attested copy of the reasons and recommendations, if any, as set forth in the records of the Commission.

5. The applicant may appeal a refusal of the Commission to issue a certificate of appropriateness to the Board of Museums and History within 30 days after its determination and the Board, after a hearing on the matter, may:

(a) Approve the application with or without conditions by a unanimous vote; or

(b) Deny the application.

If the Board approves the application, the Commission shall immediately issue a certificate of appropriateness to the applicant.

(Added to NRS by 1969, 1639; A 1979, 641; 1981, 1949; 1993, 1595; 2005, 894)