The following rules, regulations and procedures shall apply to the Elko County planning commission while exercising the powers and duties delegated to it by the laws of the state of Nevada, the ordinances of the county of Elko and the board of Elko County commissioners.
(A) Officers: At the first planning commission meeting of the year, a chairman and vice chairman shall be elected from the voting members.
1. Chairman And Vice Chairman: The chairman and vice chairman shall hold their respective offices until the next annual meeting after election and until their successors are elected and qualified.
2. Term Limits: No member of the planning commission may hold the position of chairman for a period exceeding two (2) consecutive years.
3. Duties Of Chairman: The chairman shall preside at all meetings of the planning commission. He may present to the commission such matters as in his judgment require attention and may enter into discussion on these matters as long as they are properly agendaed. The chairman must vacate his chair (pass the gavel) to make a motion, but may second a motion without vacating. At the request of any commissioner, the chairman shall direct that the yeas and nays be taken and entered on the record on any question before the commission. The chairman shall exercise general supervision over the business, papers and property of the commission and shall execute all formal documents on behalf of the commission.
4. Duties Of The Vice Chairman: The vice chairman shall act in the absence of the chairman; and when the chairman is absent, has been disqualified for any reason or has vacated his chair, all duties of his office or as a member of any committee shall temporarily devolve upon the vice chairman.
5. Secretary: The Elko County planning director, or his designee, shall perform the duties and functions of secretary to the planning commission as set forth in this chapter. (Ord. 1995-G, 6-8-1995, eff. 6-28-1995)
(B) Meetings And Minutes:
1. The planning commission shall hold at least one regular meeting in each month. The regular meeting date shall be set by the planning commission. The scheduling of meetings may be adjusted under unusual circumstances by a majority vote of the planning commission. (Ord. 1996-L, 10-3-1996, eff. 10-21-1996)
2. The purpose of the regular meeting is to conduct business on all facets of planning as delegated by the Nevada Revised Statutes, this code or the board of Elko County commissioners.
3. Each regular meeting will be taped with all persons except the planning commissioners and staff stating their first and last name before speaking.
4. All materials submitted by the applicant or the public to the planning commission and/or displayed for use by the commission as evidence and used by the commission in arriving at a decision will become part of the project file and will not be returned.
5. Minutes of the previous meeting will be submitted to each member prior to the next regular meeting. The minutes shall accurately reflect what was done and said at the meeting based upon the notes taken and transcription of the tape by the minutes secretary. Corrections to the minutes by any planning commission member will be limited to typographical errors or other errors or corrections as determined by listening to the tape.
(C) Conduct Of Business:
1. Meetings shall be called to order by the chairman, or in his absence the vice chairman. In the absence of both, the secretary shall call the meeting to order and the commissioners present shall elect a chairman pro tem.
2. The minutes secretary shall keep a record of those commissioners present and those absent. The minutes of previous meetings shall be submitted for approval and any errors noted and corrections made, as provided above, after which the regular order of business may be taken up.
3. The further order of business, unless otherwise ordered by the board of county commissioners, shall be as follows and shall conform to the agenda:
(a) Call to order.
(b) Action on minutes.
(c) Staff update/correspondence.
(d) Agenda items.
(e) Adjournment.
4. For the conduct of planning commission business, the following number of voting members shall constitute a quorum: all planning commission business - four (4) members.
(D) Hearing Procedures:
1. Hearings on an application for a zone change, conditional use permit or variance shall be conducted according to the following format:
(a) Staff shall present the application, including:
(1) Background.
(2) Consistency with existing zoning.
(3) Agency comments and/or recommendations.
(4) Written public comments.
(5) Project impacts -- negative and positive.
(6) Findings of fact and recommendation -- approval, denial, modification or continuation.
(b) Applicant comment.
(c) Public comment.
(d) Planning commission discussion and action.
2. Upon completion of the staff presentation, the chairman will recognize the applicant and/or its representative to answer, rebut or concur with staff. The chairman will then open the item for public comment, after which the public hearing portion of the meeting shall be closed. No further public testimony will be given or comments taken except for answering questions as may be directed by the planning commissioners and/or staff. Upon closing public input, staff will summarize its findings and recommendations.
3. Applicant and public comment shall be limited to five (5) minutes per person, and the chairman of the planning commission shall identify spokespersons to avoid repetition.
4. Persons speaking at a planning commission hearing shall address the commission or staff.
(E) Voting Procedures:
1. Only one motion shall be considered by the planning commission at a time, and each motion shall be resolved by a vote of the commission prior to considering another motion. A failed motion or a motion that dies for a lack of a second has no effect. For the planning commission to take action, there must be a majority vote in favor of the question being considered.
2. Motions may be amended only by the person who made the motion with approval from the person who seconded the motion.
3. Planning commissioners desiring to abstain on a question shall do so at the time the agenda item is called, and shall state the reason for the abstention. Upon declaring an abstention the abstaining member is not allowed to influence the planning commission with respect to the item, except as a member of the public speaking from the public area.
4. Every member of the planning commission present at the meeting when the question is put shall give their vote, unless the commissioner has abstained. (Ord. 1995-G, 6-8-1995, eff. 6-28-1995)