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 a

1-14 to be located. The planning commission shall, within 90 days after the

2-1 filing of an application, hold a public hearing to consider the

2-2 application. The planning commission shall, at least 30 days before the

2-3 date of the hearing, cause notice of the time, date, place and purpose of

2-4 the hearing to be:

2-5 (a) Sent by mail to:

2-6 (1) The applicant;

2-7 (2) Each owner or tenant of real property located within 1,000 feet

2-8 of the property in question;

2-9 (3) If a mobile home park or multiple-unit residence is located

2-10 within 1,000 feet of the property in question, each tenant of that mobile

2-11 home park or multiple-unit residence;

2-12 (4) Any advisory board that has been established for the affected

2-13 area by the governing body;

2-14 (5) The administrator of the division of environmental protection of

2-15 the state department of conservation and natural resources;

2-16 (6) The state fire marshal; and

2-17 (7) The administrator of the division of industrial relations of the

2-18 department of business and industry; and

2-19 (b) Published in a newspaper of general circulation within the city or

2-20 county in which the property in question is located.

2-21 3. The notice required by subsection 2 must:

2-22 (a) Be written in language that is easy to understand; and

2-23 (b) Include a physical description or map of the property in question

2-24 and a description of all explosives, and all substances described in

2-25 subsection 1, that will be located at the facility.

2-26 4. In considering the application, the planning commission shall:

2-27 (a) Consult with:

2-28 (1) Local emergency planning committees;

2-29 (2) The administrator of the division of environmental protection of

2-30 the state department of conservation and natural resources;

2-31 (3) The state fire marshal;

2-32 (4) The administrator of the division of industrial relations of the

2-33 department of business and industry; and

2-34 (5) The governing body of any other city or county that may be

2-35 affected by the operation of the facility; and

2-36 (b) Consider fully the effect the facility will have on the health and

2-37 safety of the residents of the city, county or region.

2-38 5. The planning commission shall, within a reasonable time after the

2-39 public hearing, submit to the governing body its recommendations for

2-40 any actions to be taken on the application. If the planning commission

2-41 recommends that a conditional use permit be granted to the applicant, it

3-1 shall include in its recommendations such terms and conditions for the

3-2 operation of the facility as it deems necessary for the protection of the

3-3 health and safety of the residents of the city, county or region.

3-4 6. The governing body shall, within 30 days after the receipt of the

3-5 recommendations of the planning commission, hold a public hearing to

3-6 consider the application. The governing body shall:

3-7 (a) Cause notice of the hearing to be given in the manner prescribed

3-8 by subsection 2; and

3-9 (b) Grant or deny the conditional use permit within 30 days after the

3-10 public hearing.

3-11 7. Notwithstanding any provision of this section to the contrary, the

3-12 provisions of this section do not apply to the mining industry.

3-13 8. Except as otherwise provided in subsection 9, as used in this

3-14 section, "explosive" means gunpowders, powders used for blasting, all

3-15 forms of high explosives, blasting materials, fuses other than electric

3-16 circuit breakers, detonators and other detonating agents, smokeless

3-17 powders, other explosive or incendiary devices and any chemical

3-18 compound, mechanical mixture or device that contains any oxidizing or

3-19 combustible units, or other ingredients, in such proportions, quantities or

3-20 packing that ignition by fire, friction, concussion, percussion or

3-21 detonation of the compound, mixture, device or any part thereof may

3-22 cause an explosion.

3-23 9. For the purposes of this section, an explosive does not include:

3-24 (a) Ammunition for small arms, or any component thereof;

3-25 (b) Black powder commercially manufactured in quantities that do

3-26 not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,

3-27 quills, quick and slow matches, and friction primers that are intended to

3-28 be used solely for sporting, recreation or cultural purposes:

3-29 (1) In an antique firearm, as that term is defined in 18 U.S.C. §

3-30 921(a)(16), as that section existed on January 1, 1999; or

3-31 (2) In an antique device which is exempted from the definition of

3-32 "destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section

3-33 existed on January 1, 1999; or

3-34 (c) Any explosive that is manufactured under the regulation of a

3-35 military department of the United States, or that is distributed to, or

3-36 possessed or stored by, the military or naval service or any other agency

3-37 of the United States, or an arsenal, a navy yard, a depot or any other

3-38 establishment owned by or operated on behalf of the United States.

3-39 Sec. 2. NRS 278.010 is hereby amended to read as follows:

3-40 278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1

3-43 ascribed to them in those sections.

4-1 Sec. 3. NRS 278.265 is hereby amended to read as follows:

4-2 278.265 1. Any ordinance enacted pursuant to the provisions of NRS

4-23 taken by the hearing examiner to the governing body.

4-24 Sec. 4. NRS 278.315 is hereby amended to read as follows:

4-25 278.315 1. The governing body may provide by ordinance for the

4-43 in question;

5-1 (c) If a mobile home park is located within 300 feet of the property in

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

5-3 (d) Any advisory board which has been established for the affected area

5-4 by the governing body.

5-5 The notice must be written in language which is easy to understand. It must

5-6 set forth the time, place and purpose of the hearing and a physical

5-7 description or map of the property in question.

5-8 3. If the application is for the issuance of a special use permit in a

5-9 county whose population is 100,000 or more, the governing body shall, to

5-10 the extent this notice does not duplicate the notice required by subsection 2,

5-11 cause a notice to be sent by mail at least 10 days before the hearing to each

5-12 owner, as listed on the county assessor’s records, of at least 30 parcels

5-13 nearest to the property in question. The notice must be written in language

5-14 which is easy to understand. It must set forth the time, place and purpose of

5-15 the hearing and a physical description or map of the property in question.

5-16 4. An ordinance adopted pursuant to this section must provide an

5-17 opportunity for the applicant or a protestant to appeal from a decision of

5-18 the board of adjustment, planning commission or hearing examiner to the

5-19 governing body.

5-20 5. In a county whose population is 400,000 or more, if the application

5-21 is for the issuance of a special use permit for an establishment which serves

5-22 alcoholic beverages for consumption on or off of the premises as its

5-23 primary business in a district which is not a gaming enterprise district as

5-24 defined in NRS 463.0158, the governing body shall, in addition to mailing

5-25 the notice required pursuant to subsection 3, not later than 10 days before

5-26 the hearing, erect or cause to be erected on the property, at least one sign

5-27 not less than 2 feet high and 2 feet wide. The sign must be made of material

5-28 reasonably calculated to withstand the elements for 40 days. The governing

5-29 body must be consistent in its use of colors for the background and lettering

5-30 of the sign. The sign must include the following information:

5-31 (a) The existing permitted use and zoning designation of the property in

5-32 question;

5-33 (b) The proposed permitted use of the property in question;

5-34 (c) The date, time and place of the public hearing; and

5-35 (d) A telephone number which may be used by interested persons to

5-36 obtain additional information.

5-37 6. A sign required pursuant to subsection 5 is for informational

5-38 purposes only, and must be erected regardless of any local ordinance

5-39 regarding the size, placement or composition of signs to the contrary.

5-40 7. A governing body may charge an additional fee for each application

5-41 for a special use permit to cover the actual costs resulting from the erection

5-42 of not more than one sign required by subsection 5, if any. The additional

5-43 fee is not subject to the limitation imposed by NRS 354.5989.

6-1 8. The governing body shall remove or cause to be removed any sign

6-2 required by subsection 5 within 5 days after the final hearing for the

6-3 application for which the sign was erected. There must be no additional

6-4 charge to the applicant for such removal.

6-5 9. The provisions of this section do not apply to an application for a

6-6 conditional use permit filed pursuant to section 1 of this act.

6-7 Sec. 5. This act becomes effective upon passage and approval for the

6-8 purpose of adopting the local ordinances required by section 1 of this act

6-9 and on October 1, 1999, for all other purposes.