EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 278.315 is hereby amended to read as follows:

1-2 278.315 1. The governing body may provide by ordinance for the

1-17 hearing to:

2-1 (a) The applicant;

2-2 (b) Each owner of real property located within 300 feet of the property

2-3 in question;

2-4 (c) If a mobile home park is located within 300 feet of the property in

2-5 question, each tenant of that mobile home park; and

2-6 (d) Any advisory board which has been established for the affected area

2-7 by the governing body.

2-8 The notice must be written in language which is easy to understand. It must

2-9 set forth the time, place and purpose of the hearing and a physical

2-10 description or map of the property in question.

2-11 3. If the application is for the issuance of a special use permit in a

2-12 county whose population is 100,000 or more, the governing body shall, to

2-13 the extent this notice does not duplicate the notice required by subsection 2,

2-14 cause a notice to be sent by mail at least 10 days before the hearing to each

2-15 [owner,] of the owners, as listed on the county assessor’s records, of at

2-16 least the 30 parcels nearest to the property in question. The notice must be

2-17 written in language which is easy to understand. It must set forth the time,

2-18 place and purpose of the hearing and a physical description or map of the

2-19 property in question.

2-20 4. If an application is for the issuance of a variance or special use

2-21 permit with regard to property that is located within an unincorporated

2-22 town, the applicant shall present the information contained in the

2-23 application at a meeting of the town board, citizens’ advisory council or

2-24 town advisory board, whichever is applicable, before a hearing is held on

2-25 the application pursuant to subsection 2. The town board, citizens’

2-26 advisory council or town advisory board may make recommendations

2-27 regarding the application and submit its recommendations for

2-28 consideration at the hearing held pursuant to subsection 2. The

2-29 governing body or other person or entity that is authorized to take action

2-30 on the application at the hearing held pursuant to subsection 2 shall not

2-31 take action on the application until it receives recommendations from the

2-32 town board, citizens’ advisory council or town advisory board regarding

2-33 the application or evidence from the applicant that he presented the

2-34 information contained in the application at a meeting of the town board,

2-35 citizens’ advisory council or town advisory board. The governing body or

2-36 other authorized person or entity shall consider any recommendations

2-37 made by the town board, citizens’ advisory council or town advisory

2-38 board regarding the application. If the governing body or other

2-39 authorized person or entity does not accept any such recommendation,

2-40 the governing body or other authorized person or entity shall make a

2-41 written finding specifying the reasons for its refusal to accept the

2-42 recommendation.

3-1 5. An ordinance adopted pursuant to this section must provide an

3-2 opportunity for the applicant or a protestant to appeal from a decision of

3-3 the board of adjustment, planning commission or hearing examiner to the

3-4 governing body.

3-5 [5.] 6. In a county whose population is 400,000 or more, if the

3-6 application is for the issuance of a special use permit for an establishment

3-7 which serves alcoholic beverages for consumption on or off of the premises

3-8 as its primary business in a district which is not a gaming enterprise district

3-9 as defined in NRS 463.0158, the governing body shall, in addition to

3-10 mailing the notice required pursuant to subsection 3, not later than 10 days

3-11 before the hearing, erect or cause to be erected on the property, at least one

3-12 sign not less than 2 feet high and 2 feet wide. The sign must be made of

3-13 material reasonably calculated to withstand the elements for 40 days. The

3-14 governing body must be consistent in its use of colors for the background

3-15 and lettering of the sign. The sign must include the following information:

3-16 (a) The existing permitted use and zoning designation of the property in

3-17 question;

3-18 (b) The proposed permitted use of the property in question;

3-19 (c) The date, time and place of the public hearing; and

3-20 (d) A telephone number which may be used by interested persons to

3-21 obtain additional information.

3-22 [6.] 7. A sign required pursuant to subsection [5] 6 is for informational

3-23 purposes only, and must be erected regardless of any local ordinance

3-24 regarding the size, placement or composition of signs to the contrary.

3-25 [7.] 8. A governing body may charge an additional fee for each

3-26 application for a special use permit to cover the actual costs resulting from

3-27 the erection of not more than one sign required by subsection [5,] 6, if any.

3-28 The additional fee is not subject to the limitation imposed by NRS

3-29 354.5989.

3-30 [8.] 9. The governing body shall remove or cause to be removed any

3-31 sign required by subsection [5] 6 within 5 days after the final hearing for

3-32 the application for which the sign was erected. There must be no additional

3-33 charge to the applicant for such removal.