A.   Created; Membership; Appointment: There is hereby created a Planning Commission in and for the City, to be known as the Elko Planning Commission. This commission shall consist of seven (7) members. The members of the commission shall be appointed by the Mayor, with the approval of the City Council. The members must not be members of the governing body of the city or county. Members shall be eligible for reappointment.

   B.   Compensation: All members of the commission shall serve as such without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties.

   C.   Terms: The terms of the members first appointed shall be three (3) years for two (2) members, two (2) years for two (2) members and one year for two (2) members. The Mayor shall designate the terms of the respective members first appointed at the time of appointment. Thereafter, the term of each member shall be four (4) years or until his successor takes office.

   D.   Removal: Members may be removed, after public hearing, by a majority vote of the City Council for inefficiency, neglect of duty or malfeasance of office.

   E.   Vacancies: Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.

   F.   Absences From Meetings: Absence of an appointed member for four (4) consecutive regular meetings without the formal consent of the Planning Commission shall be deemed to constitute a retirement of that appointed member, and the vacancy thus created shall be filled thereafter by the Mayor by the appointment of a successor to fill the unexpired term of office. (Ord. 210, 11-13-1973; amd. Ord. 845, 10-22-2019)

   A.   Meetings: The Planning Commission shall hold at least one regular meeting in each month. Other meetings may be provided for in its rules.

   B.   Rules: It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Rules may be amended from time to time.

   C.   Quorum: A majority of the appointed Planning Commission members shall constitute a quorum for all meetings, to include public hearings.

   D.   Voting Requirements:

      1.   A majority vote of the appointed Planning Commission members present and participating in any agenda item shall be required to approve the corresponding action for that item. To be present and participating at a meeting, a Planning Commission member must be either: a) physically present at the meeting or b) participating by means of electronic communication with access to all written materials for that agenda item that are available to the other Planning Commission members.

      2.   An abstention from voting by a Planning Commission member shall not be counted in the determination of the motion as a vote in favor of any action but shall be noted on the record.

      3.   In the event of a tie vote, the motion shall not pass. (Ord. 836, 11-27-2018)

   A.   Election; Term: At the first regular meeting in January of each calendar year, members of the Planning Commission shall meet in regular session and organize by electing from their members a Chairperson, and from their members a Vice Chairperson, and from their members a Secretary. The term of the Chairperson, Vice Chairperson and Secretary shall be one year, with eligibility for reelection.

   B.   Chairperson Duties: It shall be the duty of the Chairperson to preside over all meetings of the Planning Commission. In the absence of the Chairperson, the Vice Chairperson shall preside, and in the absence of the Chairperson and Vice Chairperson, a Chairperson Pro Tempore may be elected to preside.

   C.   Records: It shall be the duty of the Secretary to attest that records of all proceedings of the Planning Commission, are being kept as required by this chapter or by the laws of the State. (Ord. 533, 10-12-1999)

   A.   Authority: In addition to electing its Chairperson, Vice Chairperson and Secretary, the Planning Commission may create and fill such other offices and subcommittees.

   B.   Other: The Planning Commission may also recommend to the City Council the appointment or contract of such employees, planners, engineers, architects and other consultants for such services as it may require and deem necessary for its work. (Ord. 533, 10-12-1999)

The expenditures of the Planning Commission, exclusive of gifts, shall be with the amounts appropriated for the purpose by the City Council, which shall provide the funds, equipment and accommodations necessary for the commission's work. (Ord. 210, 11-13-1973)

   A.   Preparation: The Planning Commission shall prepare and adopt a comprehensive long term general plan for the physical development of the City, which in the commission's judgment bears relation to the planning thereof.

   B.   Adoption By City Council: The plan must be known as the master plan, and must be so prepared that all or portions thereof may be adopted by the City Council, as provided in Nevada Revised Statutes sections 278.010 through 278.630, inclusive, as a basis for the development of the City, County or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby. (Ord. 533, 10-12-1999)

   A.   Basis For Development: The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, shall include subject matter or portions thereof as are appropriate to the City and as may be made the basis for the physical development thereof in accordance with Nevada Revised Statutes section 278.160.

   B.   Other Plans And Reports: The Planning Commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the City and nothing contained in this chapter or in Nevada Revised Statutes sections 278.010 through 278.630, inclusive, shall be deemed to prohibit the preparation and adoption of any such subject as a part of the master plan. (Ord. 533, 10-12-1999)

The Planning Commission may prepare and adopt all or any part of the master plan or any subject thereof for all or any part of the City; but master regional plans shall be coordinated with similar plans of adjoining regions, and master county and city plans within each region shall be coordinated so as to fit properly into the master plan for the region. (Ord. 210, 11-13-1973)

   A.   Notice To School Board Of Plan Preparation: The planning commission shall, during the formulation of plans for community design and public buildings, notify the board of trustees of the Elko County school district of the preparation of such plans to the end that adequate and properly located school sites may be provided for.

   B.   Notice Of Plan For Future Construction: When the board of trustees of a school district develops a plan for the future construction of one or more schools, it shall notify each city, county or regional planning commission any part of whose territory will be served by a proposed school. The notice must include the grades to be taught, the number of pupils to be accommodated, and the area to be served. The board shall notify each commission of any change in or abandonment of its plan. (Ord. 533, 10-12-1999)

   A.   Recommendations To City Council: The planning commission shall endeavor to promote public interest in and understanding of the master plan or official plans and regulations relating thereto. As a means of furthering the purpose of a master plan, the commission shall annually make recommendations to the governing body for the implementation of the plan.

   B.   Consultation With Other Agencies: It also shall consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations, and with citizens generally with relation to the carrying out of such plans.

   C.   Entrance Upon Land: The planning commission, and its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon.

   D.   Generally: In general, the planning commission shall have such power as may be necessary to enable it to fulfill its functions and carry out the provisions of this chapter and of Nevada Revised Statutes sections 278.010 through 278.630, inclusive. (Ord. 210, 11-13-1973)

The master plan shall be a map, together with such charts, drawings, diagrams, schedules, reports, ordinances or other printed or published material, or any one or a combination of any of the foregoing, as may be considered essential to the purpose of Nevada Revised Statutes sections 278.010 through 278.630, inclusive. (Ord. 210, 11-13-1973)

   A.   Hearing; Notice: Before adopting the master plan, or any part of it, or any substantial amendments thereof, the planning commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given at least by one publication in a newspaper of general circulation in the city, at least ten (10) days before the date of the hearing.

   B.   Adoption By Resolution: The adoption of the master plan, or of any amendments, extensions or additions thereof, shall be by resolution of the planning commission carried by the affirmative votes of not less than two-thirds (2/3) of the total membership of the commission. The resolution shall refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan, or any amendment, addition or extension thereof, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairperson of the commission.

   C.   Amendments, Extensions Or Additions: No plan or map hereafter shall have indicated thereon that it is a part of the master plan until it shall have been adopted as part of the master plan by the planning commission as herein provided for the adoption thereof, whenever changes, conditions or future studies by the commission require such amendments, extensions or additions.

   D.   Certification To City Council: An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission shall be certified to the city council. (Ord. 210, 11-13-1973)

   A.   Adoption: Upon receipt of a certified copy of the master plan, or of any part thereof as adopted by the planning commission, the city council may adopt such parts thereof as may practicably be applied to the development of the city for a reasonable period of time next ensuing.

   B.   Endorsement And Certification: The part shall thereupon be endorsed and certified as master plans thus adopted for the territory covered, and are hereby declared to be established to conserve and promote the public health, safety and general welfare.

   C.   Hearing; Notice: Before adopting any plan or part thereof, the city council shall hold at least one public hearing thereon, notice of the time and place of which shall be published at least once in a newspaper of general circulation in the city at least ten (10) days before the date of hearing.

   D.   Changes Or Additions To Plan: No change in or addition to the master plan, or any part thereof, as adopted by the planning commission, shall be made by the city council in adopting the same until the proposed change or addition shall have been referred to the planning commission for a report thereon and an attested copy of the report shall have been filed with the city council. Failure of the planning commission to so report within forty (40) days, or such longer period as may be designated by the city council, after such reference shall be deemed to be approval of the proposed change or addition. (Ord. 210, 11-13-1973)

   A.   Whenever the city council shall have adopted a master plan, or part thereof for the city, or for any major section or district thereof, the city council shall, upon recommendation of the planning commission, determine upon reasonable and practical means for putting into effect the master plan, or part thereof, in order that the same will serve as a pattern and guide for that kind of orderly physical growth and development of the city or county which will cause the least amount of natural resource impairment and will conform to the adopted population plan, where required, and as basis for the efficient expenditure of funds thereof relating to the subject of the master plan.

   B.   The city council may adopt and use such procedures as may be necessary for this purpose. (Ord. 210, 11-13-1973)

Whenever the city council has adopted a master plan, or one or more subject matters thereof, for the city, or for a major section or district thereof, no street, square, park or other public way, ground or open space may be acquired by dedication or otherwise, except by bequest, and no street or public way may be closed or abandoned, and no public building or structure may be constructed or authorized in the area for which the master plan or one or more subject matter thereof has been adopted by the city council unless the dedication, closure, abandonment, construction or authorization is approved in a manner consistent with the requirements of the city council. (Ord. 533, 10-12-1999)

   A.   Authority: For any or all of the purposes of this chapter and of Nevada Revised Statutes sections 278.010 through 278.630, inclusive, the city council may divide the city into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this chapter and of Nevada Revised Statutes sections 278.010 through 278.630, inclusive. Within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of the buildings, structures or land.

   B.   Regulations In Accordance With Master Plan: Such regulations shall be made in accordance with the master plan for land use and shall be designed to:

      1.   Preserve the quality of air and water resources.

      2.   Promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

      3.   Provide for recreational needs.

      4.   Protect life and property in areas subject to floods, landslides and other natural disasters.

      5.   Conform to the adopted population plan, if required by Nevada Revised Statutes section 278.170.

      6.   Develop a timely, orderly and efficient arrangement of transportation and public facilities and services.

      7.   Ensure that the development on land is commensurate with the character and the physical limitations of the land.

      8.   Take into account the immediate and long range financial impact of the application of particular land to particular kinds of development, and the relative suitability of such land for such development.

      9.   Promote health and the general welfare.

      10.   Ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

      11.   Ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods.

   C.   Considerations: Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of the buildings and encouraging the most appropriate use of land throughout the city. (Ord. 533, 10-12-1999)

(Rep. by Ord. 533, 10-12-1999)

The jurisdiction of the planning commission shall be within the limits of the city and all areas hereafter annexed or added to the city. (Ord. 210, 11-13-1973)

So far as applicable to this chapter, the definitions set out in Nevada Revised Statutes section 278.010 are adopted as part of this chapter. (Ord. 210, 11-13-1973)

   A.   Generally: The planning commission shall have the following additional powers and duties:

      1.   To confer with and advise the city council upon all matters which may be referred to it by the mayor or the city council.

      2.   To recommend to the city council the leasing, sale, exchange, use or other disposition of city owned property for planning and zoning purposes.

   B.   Powers Limited: Except as otherwise provided by this chapter, or by the laws of the state, the powers and duties of the planning commission are of an advisory nature only, and the commission shall not have any powers or duties which conflict with or supersede the powers and duties of other city commissions, councils, council members or officials. (Ord. 210, 11-13-1973)

All officers and employees of the city shall cooperate with the planning commission and render all reasonable assistance. (Ord. 210, 11-13-1973)

Except as otherwise provided in this chapter, neither the planning commission nor any member thereof shall incur any financial liability in the name of the city. (Ord. 210, 11-13-1973)

The planning commission shall render annually a full report of its work to the city council. (Ord. 210, 11-13-1973)