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 (a) The applicant;

2-1 (b) Each owner of real property located within 300 feet of the property

2-2 in question;

2-3 (c) If a mobile home park is located within 300 feet of the property in

2-4 question, each tenant of that mobile home park; and

2-5 (d) Any advisory board which has been established for the affected area

2-6 by the governing body.

2-7 The notice must be sent by mail or, if requested by a party to whom notice

2-8 must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic

2-9 means if receipt of such an electronic notice can be verified, and be written

2-10 in language which is easy to understand. The notice must set forth the time,

2-11 place and purpose of the hearing and a physical description or map of the

2-12 property in question.

2-13 3. If the application is for the issuance of a special use permit in a

2-14 county whose population is 100,000 or more, the governing body shall, to

2-15 the extent this notice does not duplicate the notice required by subsection 2,

2-16 cause a notice to be sent at least 10 days before the hearing to each owner,

2-17 as listed on the county assessor’s records, of at least 30 parcels nearest to

2-18 the property in question. The notice must be sent by mail or, if requested by

2-19 an owner to whom notice must be provided, by electronic means if receipt

2-20 of such an electronic notice can be verified, and be written in language

2-21 which is easy to understand. The notice must set forth the time, place and

2-22 purpose of the hearing and a physical description or map of the property in

2-23 question.

2-24 4. If an application is for the issuance of a special use permit with

2-25 regard to property that is located within an unincorporated town that is

2-26 rural in character and not located within an urbanized area of the

2-27 county, as determined by the board of county commissioners, the

2-28 applicant shall present the information contained in the application at a

2-29 meeting of the town board, citizens’ advisory council or town advisory

2-30 board, whichever is applicable, before a hearing is held on the

2-31 application pursuant to subsection 2. The town board, citizens’ advisory

2-32 council or town advisory board may make recommendations regarding

2-33 the application and submit its recommendations for consideration at the

2-34 hearing held pursuant to subsection 2. The governing body or other

2-35 person or entity that is authorized to take action on the application at the

2-36 hearing held pursuant to subsection 2 shall not take action on the

2-37 application until it receives recommendations from the town board,

2-38 citizens’ advisory council or town advisory board regarding the

2-39 application or evidence from the applicant that he presented the

2-40 information contained in the application at a meeting of the town board,

2-41 citizens’ advisory council or town advisory board, unless the town board,

2-42 citizens’ advisory council or town advisory board failed to discuss the

2-43 application because of the absence of a quorum present at the scheduled

3-1 meeting. The governing body or other authorized person or entity shall

3-2 consider any recommendations made by the town board, citizens’

3-3 advisory council or town advisory board regarding the application. If the

3-4 governing body or other authorized person or entity does not concur with

3-5 the recommendation, if any, the governing body or other authorized

3-6 person or entity shall specify for the record the reasons for its action.

3-7 5. An ordinance adopted pursuant to this section must provide an

3-8 opportunity for the applicant or a protestant to appeal from a decision of

3-9 the board of adjustment, planning commission or hearing examiner to the

3-10 governing body.

3-11 [5.] 6. In a county whose population is 400,000 or more, if the

3-12 application is for the issuance of a special use permit for an establishment

3-13 which serves alcoholic beverages for consumption on or off of the premises

3-14 as its primary business in a district which is not a gaming enterprise district

3-15 as defined in NRS 463.0158, the governing body shall, in addition to

3-16 sending the notice required pursuant to subsection 3, not later than 10 days

3-17 before the hearing, erect or cause to be erected on the property, at least one

3-18 sign not less than 2 feet high and 2 feet wide. The sign must be made of

3-19 material reasonably calculated to withstand the elements for 40 days. The

3-20 governing body must be consistent in its use of colors for the background

3-21 and lettering of the sign. The sign must include the following information:

3-22 (a) The existing permitted use and zoning designation of the property in

3-23 question;

3-24 (b) The proposed permitted use of the property in question;

3-25 (c) The date, time and place of the public hearing; and

3-26 (d) A telephone number which may be used by interested persons to

3-27 obtain additional information.

3-28 [6.] 7. A sign required pursuant to subsection [5] 6 is for informational

3-29 purposes only, and must be erected regardless of any local ordinance

3-30 regarding the size, placement or composition of signs to the contrary.

3-31 [7.] 8. A governing body may charge an additional fee for each

3-32 application for a special use permit to cover the actual costs resulting from

3-33 the erection of not more than one sign required by subsection [5,] 6, if any.

3-34 The additional fee is not subject to the limitation imposed by NRS

3-35 354.5989.

3-36 [8.] 9. The governing body shall remove or cause to be removed any

3-37 sign required by subsection [5] 6 within 5 days after the final hearing for

3-38 the application for which the sign was erected. There must be no additional

3-39 charge to the applicant for such removal.

3-40 Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.