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. Chapter 278 of NRS is hereby amended by adding thereto

1-14 application. The planning commission shall, at least 10 days before the

2-1 date of the hearing, cause notice of the time, date, place and purpose of

2-2 the hearing to be:

2-3 (a) Sent by mail to:

2-4 (1) The applicant;

2-5 (2) Each owner or tenant of real property located within 1,000 feet

2-6 of the property in question;

2-7 (3) If a mobile home park or multiple-unit residence is located

2-8 within 1,000 feet of the property in question, each tenant of that mobile

2-9 home park or multiple-unit residence;

2-10 (4) Any advisory board that has been established for the affected

2-11 area by the governing body;

2-12 (5) The administrator of the division of environmental protection of

2-13 the state department of conservation and natural resources;

2-14 (6) The state fire marshal; and

2-15 (7) The administrator of the division of industrial relations of the

2-16 department of business and industry; and

2-17 (b) Published in a newspaper of general circulation within the city or

2-18 county in which the property in question is located.

2-19 3. The notice required by subsection 2 must:

2-20 (a) Be written in language that is easy to understand; and

2-21 (b) Include a physical description or map of the property in question

2-22 and a description of the explosives or highly hazardous substances that

2-23 will be located at the facility.

2-24 4. In considering the application, the planning commission shall:

2-25 (a) Consult with local emergency planning committees and the

2-26 governing body of any other city or county that may be affected by the

2-27 operation of the facility; and

2-28 (b) Consider fully the effect the facility will have on the health and

2-29 safety of the residents of the city, county or region.

2-30 5. The planning commission shall, within 30 days after the public

2-31 hearing, submit to the governing body its recommendations for any

2-32 actions to be taken on the application. If the planning commission

2-33 recommends that a conditional use permit be granted to the applicant, it

2-34 shall include in its recommendations such terms and conditions for the

2-35 operation of the facility as it deems necessary for the protection of the

2-36 health and safety of the residents of the city, county or region.

2-37 6. The governing body shall, within 30 days after the receipt of the

2-38 recommendations of the planning commission, hold a public hearing to

2-39 consider the application. The governing body shall:

2-40 (a) Cause notice of the hearing to be given in the manner prescribed

2-41 by subsection 2; and

2-42 (b) Grant or deny the conditional use permit within 30 days after the

2-43 public hearing.

3-1 7. As used in this section:

3-2 (a) "Explosive" means gunpowders, powders used for blasting, all

3-3 forms of high explosives, blasting materials, fuses other than electric

3-4 circuit breakers, detonators and other detonating agents, smokeless

3-5 powders, other explosive or incendiary devices and any chemical

3-6 compound, mechanical mixture or device that contains any oxidizing or

3-7 combustible units, or other ingredients, in such proportions, quantities or

3-8 packing that ignition by fire, friction, concussion, percussion or

3-9 detonation of the compound, mixture, device or any part thereof may

3-10 cause an explosion.

3-11 (b) "Highly hazardous substance" means any substance designated as

3-12 highly hazardous pursuant to NRS 459.3816.

3-13 Sec. 2. NRS 278.010 is hereby amended to read as follows:

3-14 278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1

3-17 ascribed to them in those sections.

3-18 Sec. 3. NRS 278.265 is hereby amended to read as follows:

3-19 278.265 1. Any ordinance enacted pursuant to the provisions of NRS

3-40 taken by the hearing examiner to the governing body.

3-41 Sec. 4. NRS 278.315 is hereby amended to read as follows:

3-42 278.315 1. The governing body may provide by ordinance for the

3-43 granting of variances, special use permits, conditional use permits or other

4-1 special exceptions by the board of adjustment, the planning commission or

4-2 a hearing examiner appointed pursuant to NRS 278.262. The governing

4-3 body may impose this duty entirely on the board, commission or examiner,

4-4 respectively, or provide for the granting of enumerated categories of

4-5 variances, special use permits, conditional use permits or special

4-6 exceptions by the board, commission or examiner.

4-7 2. A hearing to consider an application for the granting of a variance,

4-8 special use permit, conditional use permit or special exception must be

4-9 held before the board of adjustment, planning commission or hearing

4-10 examiner within 65 days after the filing of the application, unless a longer

4-11 time or a different process of review is provided in an agreement entered

4-12 into pursuant to NRS 278.0201. A notice setting forth the time, place and

4-13 purpose of the hearing must be sent by mail at least 10 days before the

4-14 hearing to:

4-15 (a) The applicant;

4-16 (b) Each owner of real property located within 300 feet of the property

4-17 in question;

4-18 (c) If a mobile home park is located within 300 feet of the property in

4-19 question, each tenant of that mobile home park; and

4-20 (d) Any advisory board which has been established for the affected area

4-21 by the governing body.

4-22 The notice must be written in language which is easy to understand. It

4-23 must set forth the time, place and purpose of the hearing and a physical

4-24 description or map of the property in question.

4-25 3. If the application is for the issuance of a special use permit in a

4-26 county whose population is 100,000 or more, the governing body shall, to

4-27 the extent this notice does not duplicate the notice required by subsection

4-28 2, cause a notice to be sent by mail at least 10 days before the hearing to

4-29 each owner, as listed on the county assessor’s records, of at least 30 parcels

4-30 nearest to the property in question. The notice must be written in language

4-31 which is easy to understand. It must set forth the time, place and purpose

4-32 of the hearing and a physical description or map of the property in

4-33 question.

4-34 4. An ordinance adopted pursuant to this section must provide an

4-35 opportunity for the applicant or a protestant to appeal from a decision of

4-36 the board of adjustment, planning commission or hearing examiner to the

4-37 governing body.

4-38 5. In a county whose population is 400,000 or more, if the application

4-39 is for the issuance of a special use permit for an establishment which

4-40 serves alcoholic beverages for consumption on or off of the premises as its

4-41 primary business in a district which is not a gaming enterprise district as

4-42 defined in NRS 463.0158, the governing body shall, in addition to mailing

4-43 the notice required pursuant to subsection 3, not later than 10 days before

5-1 the hearing, erect or cause to be erected on the property, at least one sign

5-2 not less than 2 feet high and 2 feet wide. The sign must be made of

5-3 material reasonably calculated to withstand the elements for 40 days. The

5-4 governing body must be consistent in its use of colors for the background

5-5 and lettering of the sign. The sign must include the following information:

5-6 (a) The existing permitted use and zoning designation of the property in

5-7 question;

5-8 (b) The proposed permitted use of the property in question;

5-9 (c) The date, time and place of the public hearing; and

5-10 (d) A telephone number which may be used by interested persons to

5-11 obtain additional information.

5-12 6. A sign required pursuant to subsection 5 is for informational

5-13 purposes only, and must be erected regardless of any local ordinance

5-14 regarding the size, placement or composition of signs to the contrary.

5-15 7. A governing body may charge an additional fee for each application

5-16 for a special use permit to cover the actual costs resulting from the erection

5-17 of not more than one sign required by subsection 5, if any. The additional

5-18 fee is not subject to the limitation imposed by NRS 354.5989.

5-19 8. The governing body shall remove or cause to be removed any sign

5-20 required by subsection 5 within 5 days after the final hearing for the

5-21 application for which the sign was erected. There must be no additional

5-22 charge to the applicant for such removal.

5-23 9. The provisions of this section do not apply to an application for a

5-24 conditional use permit filed pursuant to section 1 of this act.

5-25 Sec. 5. This act becomes effective upon passage and approval for the

5-26 purpose of adopting the local ordinances required by section 1 of this act

5-27 and on October 1, 1999, for all other purposes.