A. Authority Of Regional Planning Commission:
1. "Governing body," as used in this chapter, shall mean the Ely City Council or the White Pine County Board of County Commissioners.
2. "Appropriate governing body," as used in this chapter, shall mean the governing body wherein the property at issue sits within its jurisdiction.
3. Except for the limitations provided in this section, the Regional Planning Commission shall be vested with the authority to make determinations on all matters governed by Chapter 278 of the Nevada Revised Statutes vested in the White Pine County Board of County Commissioners absent this provision.
4. Except for the limitations provided in this section, the Regional Planning Commission shall be vested with the authority to make determinations on all matters governed by Chapter 278 of the Nevada Revised Statutes vested in the Ely City Council absent this provision.
5. The Regional Planning Commission is not vested with the authority to vacate or abandon a street or easement owned by the City of Ely or White Pine County pursuant to Chapter 278 of the Nevada Revised Statutes. The Regional Planning Commission is likewise not vested with the authority to vacate, abandon, sell, lease, convey, or otherwise dispose of or authorize the encroachment upon any property owned, leased, or otherwise controlled by the City of Ely or White Pine County.
B. Appeal:
1. Any person or entity who is aggrieved by a decision of the Regional Planning Commission may appeal the decision to the appropriate governing body.
2. A person or entity shall be deemed to be aggrieved section if the person or entity appeared, either in person, through an authorized representative or in writing, before the Regional Planning Commission on the matter which is the subject of the decision.
3. Nothing in this section shall be interpreted to divest a governing body of the appeal authority granted to it, nor alter the appeal procedures provided in Chapter 278 of the Nevada Revised Statutes.
C. Appeal Procedure:
1. A person or entity seeking to appeal a decision of the Regional Planning Commission must file their appeal in writing with the clerk of the appropriate governing body within thirty (30) days of the decision of the Regional Planning Commission.
2. Thereafter, the governing body will place the appeal hearing on the agenda of its next regular meeting.
3. The governing body must render a decision on the appeal within sixty (60) days of the filing of the appeal.
4. If the governing body's regular meeting schedule is such that a decision of the governing body cannot be rendered within sixty (60) days, the governing body shall convene a special meeting to hear the appeal.
5. In reviewing a decision, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020.
6. The governing body may affirm, modify or reverse a decision. The decision of the governing body is a final decision for the purpose of judicial review.
7. The governing body may charge the appellant a fee for the filing of an appeal. The fee shall be set by resolution of the Regional Planning Commission. (Ord. 726, 9-12-2019; amd. Ord. 727, 2020)