A. Conditional Use Permit: A conditional use permit (CUP) is required for all facilities for the use, manufacture, transfer, processing, transfer or storage of explosives or certain other substances.
B. Permit Required Before Commencement: As required by Nevada Revised Statutes 278.147, a conditional use permit is required to be approved prior to the commencement of an operation of a facility in which:
1. An explosive as defined in Nevada Revised Statutes 459.3816 will be used, manufactured, processed, transferred or stored, or
2. A highly hazardous substance is present in a quantity equal to or greater than the amount listed in Nevada Revised Statutes 459.3816 will be used, manufactured, processed, transferred or stored, or
3. A hazardous substance listed in Nevada Revised Statutes 459.3833 will be used, manufactured, processed, transferred or stored.
The provisions of this section do not apply to the mining industry per Nevada Revised Statutes 278.147(8).
C. Public Hearing: The commission shall within ninety (90) days of the filing of a complete application hold a public hearing to consider the application.
D. Public Notice:
1. At least thirty (30) days prior to the date of the public hearing, a notice of the time, place and purpose of the public hearing shall be published in a newspaper of general distribution within the County.
2. At least thirty (30) days prior to the date of the public hearing, a notice shall be sent by mail or, if requested by a party to whom notice must be provided by electronic means if receipt of such an electronic notice can be verified, to:
a. The applicant;
b. Each property owner or tenant of real property located within one thousand feet (1,000') of the property in question;
c. The owner, as listed in the County Assessor's record, of each of the separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice pursuant to subsection D2b of this section;
d. If a mobile home park or multi-family residential development is located within one thousand feet (1,000') of the property in question, each tenant of that mobile home park or multi-family residential development;
e. If a military installation is located within three thousand feet (3,000') of the property in question, the commander of that military installation;
f. Any advisory board that has been established for the affected area;
g. The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;
h. The State Fire Marshal; and
i. The Administrator of the Division of Industrial Relations of the Department of Business and Industry.
3. The public hearing notice shall:
a. Be written in language that is easily understood; 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 A of this section that will be located at the property in question.
4. The commission shall consult with:
a. Local emergency management planning agencies;
b. The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources;
c. The State Fire Marshal;
d. The Administrator of the Division of Industrial Relations of the State Department of Business and Industry;
e. The commander of any military installation that may be affected by the operation of the facility; and
f. The Governing Body of any city that may be affected by the operation of the facility.
5. The commission shall submit to the Board its recommendations for any actions to be taken on the application. In making its recommendation the commission shall include in its approval in addition to the findings listed in section 15.230.06 of this title, 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 and/or region; and
b. The safety and security of any military installation in the city, County and/or region.
6. The Board shall, within thirty (30) days after receiving the commission's recommendation, hold a public hearing to consider the conditional use permit application for approval or denial. (Ord. 603, 11-1-2018)