278.147 - Facilities for use, manufacture, processing, transfer or storage of explosives or certain other substances: Conditional use permit required; application for and issuance of conditional use p
278.147 Facilities for use, manufacture, processing, transfer or storage of explosives or certain other substances: Conditional use permit required; application for and issuance of conditional use permit.
1. No person may commence operation in this State of a facility where an explosive, a highly hazardous substance designated pursuant to NRS 459.3816 if present in a quantity equal to or greater than the amount designated pursuant to NRS 459.3816, or a hazardous substance listed in the regulations adopted pursuant to NRS 459.3833 will be used, manufactured, processed, transferred or stored without first obtaining a conditional use permit therefor from the governing body of the city or county in which the facility is to be located. Each governing body shall establish by local ordinance, in accordance with the provisions of this section, the procedures for obtaining such a permit.
2. An application for a conditional use permit must be filed with the planning commission of the city, county or region in which the facility is to be located. The planning commission shall, within 90 days after the filing of an application, hold a public hearing to consider the application. The planning commission shall, at least 30 days before the date of the hearing, cause notice of the time, date, place and purpose of the hearing to be:
(a) Sent by mail or, if requested by a party to whom notice must be provided pursuant to this paragraph, by electronic means if receipt of such an electronic notice can be verified, to:
(1) The applicant;
(2) Each owner or tenant of real property located within 1,000 feet of the property in question;
(3) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);
(4) If a mobile home park or multiple-unit residence is located within 1,000 feet of the property in question, each tenant of that mobile home park or multiple-unit residence;
(5) If a military installation is located within 3,000 feet of the property in question, the commander of that military installation;
(6) Any advisory board that has been established for the affected area by the governing body;
(7) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(8) The State Fire Marshal; and
(9) The Administrator of the Division of Industrial Relations of the Department of Business and Industry; and
(b) Published in a newspaper of general circulation within the city or county in which the property in question is located.
3. The notice required by subsection 2 must:
(a) Be written in language that is easy to understand; and
(b) Include a physical description or map of the property in question and a description of all explosives, and all substances described in subsection 1, that will be located at the facility.
4. In considering the application, the planning commission shall:
(a) Consult with:
(1) Local emergency planning committees;
(2) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(3) The State Fire Marshal;
(4) The Administrator of the Division of Industrial Relations of the Department of Business and Industry;
(5) The commander of any other military installation that may be affected by the operation of the facility; and
(6) The governing body of any other city or county that may be affected by the operation of the facility; and
(b) Consider fully the effect the facility will have on:
(1) The health and safety of the residents of the city, county or region.
(2) The safety and security of any military installation in the city, county or region.
5. The planning commission shall, within a reasonable time after the public hearing, submit to the governing body its recommendations for any actions to be taken on the application. If the planning commission recommends that a conditional use permit be granted to the applicant, the planning commission shall include in its recommendations such terms and conditions for the operation of the facility as it deems necessary for the protection of:
(a) The health and safety of the residents of the city, county or region.
(b) The safety and security of any military installation in the city, county or region.
6. The governing body shall, within 30 days after the receipt of the recommendations of the planning commission, hold a public hearing to consider the application. The governing body shall:
(a) Cause notice of the hearing to be given in the manner prescribed by subsection 2; and
(b) Grant or deny the conditional use permit within 30 days after the public hearing.
7. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.
8. As used in this section, “explosive” means a material subject to regulation as an explosive pursuant to NRS 459.3816.
(Added to NRS by 1999, 1135; A 2001, 1444; 2003, 1611; 2007, 342)