This Title shall be known as the ELKO COUNTY ZONING ORDINANCE NO. 1975-A (AMENDED), and may be cited herein as "this Title". (1975-A, 3-5-75, eff. 4-1-75)

The County is a large ranching and recreational territory served by transcontinental rail, highway and air transportation, and is rich in mineral resources as well as scenic attractions.

Gaming, tourism and recreational pursuits are expected to play a larger role in the future economy of the County. In addition, vast open lands are being subdivided in scattered locations throughout the County.

Because of these factors and Nevada Statutes chapter 278, it is necessary for this Zoning Ordinance to be in accordance with the County's Master Plan. The Zoning Ordinance is the expression of public policy so that all future development can be regulated:

   (A)   To lessen congestion in the streets;

   (B)   To secure safety from fire, panic and other danger;

   (C)   To promote health and general welfare;

   (D)   To provide adequate light and air;

   (E)   To prevent the overcrowding of land;

   (F)   To avoid undue concentration of population;

   (G)   To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and (Ord. 1975-A, 3-5-75, eff. 4-1-75)

   (H)   To promote, provide and facilitate an attractive community. (Ord. 1993-U, 1-6-94, eff. 1-24-94)

The provisions of this Title, to the extent that they are substantially the same as those in effect prior to its adoption, shall be construed as restatements and continuations thereof and not as new enactments. (Ord. 1975-A, 3-5-75, eff. 4-1-75)

The provisions of this Title shall be held to be the minimum requirements. Nothing in this Title shall repeal or amend any ordinance requiring a permit or license to cover any business activity. These regulations are not intended to impair or interfere with any existing easement, covenant or other agreement between parties; provided, however, that where this Title imposes a greater restriction upon any use or upon the height or bulk of a building or structure, or requires larger building sites, yards or other open spaces than are imposed or required by any other law, ordinance, covenant or easement, then the provisions of this Title shall control. (Ord. 1975-A, 3-5-75, eff. 4-1-75)

The provisions of this Title are severable. If a part, sentence, clause or phrase of this Title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portion of this Title. (Ord. 1975-A, 3-5-75, eff. 4-1-75)

The territory of Elko County lying outside the jurisdiction of incorporated cities and Indian Reservation lands is hereby divided into parts hereinafter designated as Districts, within each of which certain uses of land and buildings are permitted and certain others are restricted or prohibited, and within which certain combinations of regulations are applied with reference to building site dimensions, yards and other matters all as set forth in this title.

There are the following districts, which shall be hereinafter designated by the symbol shown opposite each in the table:

 

(Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1980-D, 2-7-1980, eff. 3-1-1980; Ord. 1981-E, 7-9-1981, eff. 8-1-1981; Ord. 1987-G, 9-3-1987, eff. 9-21-1987; Ord. 02-2007, 10-4-2007, eff. 11-19-2007)

   (A)   Map Adopted: The districts established and the boundaries of such districts are shown upon the map entitled "zoning map of the county of Elko", adopted by the county commissioners. The said map shall be on file in the division of planning and zoning and all notations, references and other information shown thereon shall be as much a part of this title as if fully described herein. (Ord. 2015-09, 4-1-2015, eff. 4-17-2015)

   (B)   Divisions Of: The zoning map may for convenience be divided into parts, and such parts may be separately employed for the purpose of amending the map or for any official reference thereto.

   (C)   Uncertainty Of Boundaries: Wherever any uncertainty exists to the boundary of any district as shown on the zoning map, the county commissioners, upon written application or upon its own motion, shall determine the location of said boundary. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

No building or structure shall be erected, reconstructed or structurally altered or enlarged, nor shall any building, structure or land be used for any purpose except as hereinafter specifically provided and allowed in the district in which such building, structure or land is located. No lot shall be reduced in area in relation to any building or structure existing thereon so as to be smaller than required by these regulations, and if already less, the deficient dimension or area shall not be further reduced. Every department, official and employee of the county having the authority to issue any permit or license required by law shall comply with the provisions of this title. Any license or permit issued in conflict with the provisions of this title shall be void and of no effect. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975)

For the purpose of this title, certain terms shall be deemed to have the meaning ascribed to them and to have the standards and include the elements and features set forth in the following:

ACCESS: A clear and unobstructed usable all weather approach of not less than twenty feet (20') in width to a dedicated public way.

ACCESSORY BUILDING: A building which is subordinate to and the use of which is incidental to the main building or the principal use on the same lot. No building in an R district which contains a dwelling unit shall be deemed to be an accessory building.

ACCESSORY USE: A use incidental and subordinate to the principal use of the premises, which does not alter the characteristics of the use considered as a whole and as related to other permitted uses in the same district.

ADVERTISING SIGN: The outdoor display of any device, statuary, symbol, billboard or structure of any kind or any lettered, figured, printed or pictorial matter on any premises for the purpose of promoting any business or activity whatsoever; except a "nameplate", an "identifying sign", a "sale or lease sign" or a "business sign" as these are defined herein.

AGRICULTURE: A use of land whereby through the grazing and feeding of livestock and/or the raising of hay, grain or other produce or combination thereof an income sufficient to provide support for at least one person can be derived. For the purpose of this definition, such support shall mean capability of providing income at a level not less than the minimum poverty level established by the department of health, education and welfare of the United States. Agricultural use shall not include the raising of livestock or any type of animal or fowl whatever in a situation where the majority of the basic feeds for such living animal or fowl are not grown by the animal or fowl raiser, but imported to the site from elsewhere. Further, this definition shall not include any activity described herein for which there is not a valid and developed water right issued by the state engineer or an active application before the state engineer.

ALLEY: A public thoroughfare, not exceeding thirty feet (30') in width for the use of pedestrians and/or vehicles, which affords only a secondary means of access to the abutting property.

APARTMENT: A room or suite of rooms in a multiple-dwelling, designed for, intended for, suitable as a residence for, and/or occupied by one family.

APARTMENT HOTEL: A building or any portion thereof designed for or containing both individual guestrooms or suites of rooms and dwelling units.

APARTMENT HOUSE: See definition of Dwelling: Multiple- Dwelling.

AUTOMOBILE AND TRAILER SALES AREA: An open area used for the display, sale or rental of new or used automobiles or trailers and where repair work is limited to minor incidental repair of automobiles or trailers to be displayed, rented or sold on premises.

BASEMENT OR CELLAR: A story partly or wholly underground and having more than one-half (1/2) of its height below the average level of the adjoining ground. A basement, when designed for or occupied by dwellings, business or manufacturing, shall be considered a story.

BED AND BREAKFAST: A building with five (5) or less guestrooms where lodging, with or without meals, is provided for compensation. No guest may occupy the bed and breakfast for more than twenty eight (28) consecutive days.

BLOCK: The property abutting on one side of a street between two (2) nearest intersecting streets, railroad right of way or other natural barrier; provided, however, that where a street curves so that any two (2) curves thereof form an angle of one hundred twenty degrees (120°) or less measured on the lot side, each curb shall be construed as an intersecting street.

BOARDING HOUSE: A building other than hotel or restaurant, where meals or lodging or both meals and lodging are provided for compensation for four (4) or more persons. The term does not include such uses as rest home, convalescent home or home for the aged.

BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, fowl, cattle or property of any kind.

BUILDING HEIGHT: The vertical distance from the average finished ground level of the site to the highest point of the structure.

BUILDING SITE: The land area, consisting of one or more lots or parcels of land under common ownership or control, to be considered as the unit of land occupied by a main building or building and accessory buildings or by a principal use and uses accessory thereto, together with all the yards, parking spaces and other open spaces required by this title.

BUSINESS SIGN: The outdoor display of any lettered, figured or pictorial matter or device for the purpose of designating the name of the owner or occupant of a business or service facility on the premises, or of identifying or promoting the said business or service activity.

CAMP, PUBLIC: Land or premises used or intended to be used, let or rented for camping purposes by two (2) or more camping parties, trailers, tents or removable or temporary dwellings.

CARPORT: A permanent roofed structure with no more than two (2) enclosed sides used or intended to be used for automobile shelter and storage.

CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

CENTERLINE: The centerline of a street as referred to in this title shall mean the right of way centerline as established by the county surveyor, by the state division of highways or if no such centerline has been established and in any case in which foregoing definition is not applicable, the planning commission shall designate the centerline.

CHILD CARE: The housing and care for any period of time with or without compensation, of more than four (4) children other than those of the occupant(s) of the premises.

CLINIC: A place for the treatment of nonresident patients. A clinic is frequently used in connection with medical instruction.

COURT: An open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two (2) or more sides by such a building or buildings.

DAIRY: Any premises where milk is produced for sale or distribution and where three (3) or more cows or goats are in lactation.

DOMESTIC ANIMALS: Shall include any equine or bovine animals, ovine (sheep), caprine (goat), porcine (swine), domestic dog, domestic cat, poultry, or other domesticated beast or bird, which lives and breeds in a tame condition and depends on humankind for survival. Such animals are kept as food sources, work animals or pets; and through selective breeding, have become notably different from their wild ancestors. Nothing in this definition is intended to conflict with Nevada Revised Statutes 561.025. This definition does not apply to wildlife as defined by Nevada Revised Statutes 501.097, nor animals for which a permit is required under Nevada Revised Statutes 502.240(5).

DWELLING: Any building or portion thereof, used primarily for residential purposes. The term does not include hotels, clubs, boarding houses, rooming houses or fraternity or sorority houses.

Living Unit: A building or portion thereof containing one kitchen designed and/or used to house more than one family.

Multiple-Dwelling: A building designed and/or used to house three (3) or more families, living independently of each other.

Single-Family Dwelling: A building containing one kitchen designed and/or used to house not more than one family, including domestic employees of such family.

Two-Family Dwelling: A building containing not more than two (2) kitchens designed and/or used to house not more than two (2) families, living independently of each other, including domestic employees.

FAMILY: One person living alone, or two (2) or more persons related by blood, marriage or legal adoption, or a group of four (4) or less unrelated persons living together as a single housekeeping unit.

GARAGE, PRIVATE: An accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building.

GREENHOUSE: Any of several different types of heated glass or plastic covered structures used for the growing or storage of plants.

GUESTHOUSE: A detached accessory building containing living quarters for use by temporary guests of the occupant of the dwelling on the same premises, which may contain a kitchen or cooking facilities and is not rented or otherwise used as a dwelling unit.

HEDGE: A series of plants, shrubs or other landscape material, so placed as to form a physical barrier or enclosure.

HOME OCCUPATION: A use otherwise allowed by law which must be incidental to the primary residential purpose, and which must not change the residential character of the property.

   (A)   No addition, alteration or remodeling is allowed that would change the residential character of the premises.

   (B)   Not more than twenty percent (20%) of the total ground floor area of the dwelling shall be used for a home occupation. This restriction does not apply to childcare.

   (C)   Signs used in connection with the home occupation shall not be illuminated, and shall not exceed three (3) square feet in area.

   (D)   The home occupation shall not generate pedestrian or vehicular traffic greater than that normally found in the area, or cause offensive or objectionable noise, glare, vibration, odor, dust or smoke.

   (E)   No maintenance on the premises of office staff or business personnel in excess of one employee outside the immediate family is permitted.

   (F)   Outdoor storage or display of equipment, appliances, materials or supplies is not permitted.

   (G)   The keeping or storage of registered vehicles in excess of twenty six thousand (26,000) GVWR (gross vehicle weight rating) is not permitted.

   (H)   One unattached building may be used solely for storage related to the home occupation. The storage building shall not exceed one thousand (1,000) square feet in area.

HOSPITAL: A building to which persons are admitted for overnight stay or longer or the diagnosis or care or treatment of human illness or the prevention thereof, including convalescent home, sanatorium, nursing home, maternity home.

HOTEL: A building having six (6) or more rental bedrooms or suites, generally without individual cooking facilities, where overnight lodging is offered to the public for compensation primarily for the accommodation of transient guests. A hotel in which twenty percent (20%) or more of the rental units contain kitchen or kitchenettes shall be subject to all regulations of this title governing a multiple dwelling.

IDENTIFYING SIGN: A sign or device on the premises which serves exclusively to designate the name or the name and use of a public or a semipublic building or to inform as to the use of a recreation area, parking area or other open use permitted in the District.

ILLUMINATED: When used in reference to signs, the term means the giving forth of direct artificial light or having artificial light directed to it for the primary purpose of displaying the sign. The term does not include light cast upon a sign from an incidental source.

JUNK YARD: Any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.

KENNEL: Any lot or premises on which five (5) or more dogs over four (4) months old are kept for boarding, breeding, training or marketing.

KITCHEN: Any room, all or any part of which is designed and/or used for cooking and the preparation of food.

LABOR CAMP: Premises used for residential purposes for temporary or seasonal periods by five (5) or more unrelated persons or families employed to perform agricultural or industrial labor.

LOADING SPACE: An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle which is loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

LODGING or ROOMING HOUSE: A building having no more than six (6) guest rooms with two (2) persons per room where lodging is provided for compensation.

LOT: A parcel of real property which is either a) shown with a separate and distinct number of designation of a plat recorded in the office of the Recorder of the County, or b) delineated upon a record of survey, lot split or sub- parceling map approved pursuant to the Subdivision Ordinance of the County, or c) containing an area not less than required for the district in which it is located and abutting at least one public street and held under separate ownership.

LOT, CORNER: A lot at the intersection of two (2) street lines which intersect at an angle not greater than one hundred twenty degrees (120o).

LOT, KEY: A lot with the side line coinciding with the rear lot line of one or more other lots.

LOT, LINE: Any of the boundary lines of a lot. A street lot line is the lot line abutting a street. Either street lot line of a corner lot may be designated by the Director of Planning to be the front lot line. A through lot has two (2) front lot lines. The lot line or lines generally opposite the front lot line constitute the rear lot line. All other lot lines are side lot lines. When two (2) or more lots are combined into one building site, the boundary lines of the building site shall be deemed to be lot lines.

LOT, THROUGH: A lot other than a corner lot which has frontage on two (2) parallel or approximately parallel streets.

LOT WIDTH: The horizontal distance between the side lot lines measured along a line parallel to the front lot line and distant therefrom by a distance equal to the required depth of front yard on the lot.

MAIN BUILDING: One in which is conducted a principal use of the lot upon which it is situated. Every dwelling in an "R" District is a main building.

MANUFACTURED HOME: See Mobile Home.

MEADOWLANDS: Land areas which produce or are capable of producing grasses as a result of their natural characteristics. Typically, lowland valleys and mountain rangelands where one or more of the following is present:

   (A)   Water is likely to concentrate and spread resulting in natural irrigation and/or sub- irrigation for all or part of the growing season.

   (B)   Water is manually diverted and/or directed to spread resulting in irrigation and/or sub- irrigation for all or part of the growing season.

   (C)   The extremes of climate are ameliorated due to the greater soil moisture level.

   (D)   Organic matter represents a high percentage of the surface soil horizon.

MOBILE HOME: A vehicular structure which is built on a chassis or frame, is designed to be used with or without a permanent foundation, is capable of being drawn by a motor vehicle and is used as a dwelling. All mobile homes shall have the respective HUD (Housing and Urban Development) sticker attached.

MODULAR BUILDING: An office, apartment, school, motel or other building, whether it is the complete building or a room or rooms attached to another building, which is either wholly manufactured, or is in substantial part manufactured, at an off-site location to be wholly or partially assembled on-site in accordance with the regulations promulgated by the Manufactured Housing Division of the Department of Commerce, pursuant to NRS 461.170, but does not include a mobile home. A modular building shall have the UBC (Uniform Building Code) sticker attached.

NAMEPLATE: A sign affixed against the wall of a dwelling which serves exclusively to designate the name or the name and occupation of a person residing therein.

NONCONFORMING: A building, structure or portion thereof, or use of building or land which does not conform to the regulations of this Title and which lawfully existed at the time the regulations with which it does not conform became effective.

NURSERY: Any place where plants, shrubs and trees are grown either for transplanting or as grafting stock.

ONE-FAMILY DWELLING: A dwelling containing exclusively a single dwelling unit.

OUTDOOR ADVERTISING SIGNS: Any sign over one hundred (100) square feet in surface on one side which is placed near a highway for the purpose of being seen by passing motorists.

OVERLAY ZONING: Special regulations to be invoked where appropriate or necessary, in addition to basic zoning regulations.

PARKING LOT: An off-street open area, the principal use of which is to provide space for the parking of passenger automobiles.

PARKING SPACE, AUTOMOBILE: Space within a public or private parking area or a building for the temporary parking or storage of one automobile.

PERSON: An individual, firm, copartnership, joint venture, association, club, corporation, estate, trust, receiver, syndicate, governmental agency or any other group or combination acting as an entity, excepting therefrom the County of Elko, Nevada.

PRINCIPAL USE: Any use which is not clearly qualified as accessory to another use on the same premises.

RECREATIONAL LODGE: A building with five (5) or less guest rooms where lodging with or without meals is provided in conjunction with any outdoor recreational pursuit. No guest may occupy the lodge for more than twenty eight (28) consecutive days.

REST HOME: A building, other than a hospital as defined herein, which is used to provide, under the supervision of a licensing agency of the State, living quarters and nonmedical care of one or more aged or infirm persons, and not involving residence on the premises of either a trained nurse or a physician.

SALE or LEASE SIGN: A sign which serves exclusively to indicate, with pertinent information, the offer to sell, rent or lease the real property, or the building or premises thereon, upon which it is located.

SALVAGE YARD: Any outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yard, house wrecking yard, used lumber yard and storage of salvage materials of all kinds; but excluding space used for the storage of used vehicles or machinery in operable condition, and the processing of used or salvaged materials as part of a lawfully existing manufacturing operation on the same premises.

SCHOOLS, ELEMENTARY AND HIGH: An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the State of Nevada. High schools include junior and senior.

STABLE, PRIVATE: A detached accessory building for the keeping of horses, burros or mules owned by the occupants of the premises and not for remuneration, hire or sale.

STABLE, PUBLIC: A stable other than a private stable for keeping of horses.

STEEP MOUNTAIN SLOPE: Any land having an average cross-slope of twenty five percent (25%) or more.

STREET: Any public or private thoroughfare with a width of twenty feet (20') or more which affords a primary means of access of abutting property.

STREET LINE: The boundary line between a street and abutting property.

STRUCTURE: Anything constructed or built, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams or girders.

TRAILER COACH: A vehicle without motive power designed for human habitation and for carrying persons and property on its own structure and for being drawn by a motor vehicle.

TRAILER CAMP or PARK: Any area or premises where space for house trailers is rented, held for rent or on which free occupancy or camping is permitted to house trailer owners or users for the purpose of securing their trade, but not including automobile or trailer sales lots, on which unoccupied house trailers are parked for inspection and sales.

UBC OVERLAY ZONING: Only structures complying with the latest edition of the Uniform Building Code adopted by the County pursuant to Title 3, Chapter 1, of the Elko County Code are allowed:

USE: The purpose for which land or a building or structure is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

WRECKING YARD: Same as Junk Yard.

YARD: A space on the same lot with a building or structure which is open and unobstructed, except as otherwise provided in this title, from the ground upward. Neither landscaping nor ordinary outdoor furnishings shall be deemed to obstruct a yard, nor shall any underground structure or part of an underground structure which extends less than eighteen inches (18") above the ground level.

YARD, FRONT: An area extending across the front of the lot between the main building and the front lot line; depth of the required front yard to be measured horizontally from the nearest part of the main building toward the nearest point of the front lot line.

YARD, REAR: An area extending across the full width of the lot between the main building and the rear lot line; depth of the required rear yard to be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line.

YARD, SIDE: An area between a main building and the side lot line, extending from the front yard, or front lot line to the rear yard; width of the required side yard to be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1982-J, 9-8-1982, eff. 10-1-1982; Ord. 1993-U, 1-6-1994, eff. 1-24-1994; Ord. 2013-05, 10-23-2013, eff. 3-28-2014; Ord. 2015-06, 4-1-2015, eff. 4-17-2015)

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)