Land use establishes a planned pattern for the development of Churchill County.

(Bill No. 2018-E, 2019)

1. Purpose of provisions. To promote the public health, safety, morals, convenience, general welfare; to lessen traffic congestion in the streets; to provide light and air for all buildings; to avoid undesirable concentrations of population; to prevent overcrowding of land and to facilitate adequate provision of transportation, water, sewage, schools, parks; to protect, enhance and preserve the county's vast and valuable agricultural lands and related water resources, to provide for the continued beneficial use of all irrigation waters allocated to lands and other public requirements; and to provide the economic and social advantages gained from a comprehensively planned use of resources, there is established a land use plan for the county.
   
   It is also the purpose of this title to establish minimum standards for design, improvements, construction of the land developments, and ensure the orderly growth and development of the land and its resources. It is also the purpose of this title to encourage new and innovative concepts in land development and protect, enhance and preserve the county's valuable agricultural lands and related water resources.
2. Interpretation. In interpretation and application, the provisions of this title shall be held to be minimum provisions only for the promotion of the health, safety, morals, convenience, property and general welfare of the public. It is not intended that the ordinance codified in this title repeal or in any way interfere with existing law or ordinances, regulations or permits other than those relating to land use and land development.
   
   In the event that this development code requires interpretation, the planning director may refer the matter to the planning commission for action.
3. Conflict with other provisions. When this title imposes a greater restriction upon the use of land or upon height, bulk, location or use of buildings than is required by existing provisions of law or of private covenant or other restrictions, the provisions of this title shall prevail.
4. Control of lands with water rights. The continued beneficial use of irrigation waters allocated to lands is vital for the general welfare of the county; therefore, it is the intent of this title to control, limit and prohibit certain uses of lands with water rights and related lands, and to preserve, enhance, improve and protect all such lands.
5. Adoption of provisions; statutory authority. The land use plan of the county is made a part of this title, adopted as constituting a part of the master plan of the county pursuant to the provisions of NRS ch. 278, as they may be amended or supplemented.
6. Right to farm. It is the declared policy of Churchill County to conserve, protect, enhance, and encourage agricultural operations within the county. Farming includes, but is not limited to, the raising of crops and livestock, and shall also include the right to use the land for feed storage, feedlots, grazing by farm animals and dairy operations, sale of agricultural products from the land on which it was produced, and the transportation of agricultural products to and from a farm, ranch, or dairy for the use of that specific agricultural operation. The right to farm all land is recognized to exist as a natural right and is a permitted use everywhere in the county except where prohibited under this title, subject only to state health and sanitary codes.
   
   The right to farm as it is used in this subsection includes all activities associated with generally accepted farming practices. Examples of some of these activities include, but are not limited to, the use of large equipment, aerial and ground seeding and spraying, and the application of natural and chemical fertilizers, insecticides and herbicides, all for the purposes of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers, and seeds.
   
   The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular farming, livestock or fowl production, and when conducted in accordance with the generally accepted agricultural practices, may occur on holidays, Sundays and weekends, at night and in the day, and noise, odors, dust and fumes that are caused by such activities are also specifically permitted as part of the exercise of this right.
   
   Where nonagricultural land uses, and especially residential developments, extend into agricultural areas or exist side by side, agricultural operations have often become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to cease or curtail operations and many others are discouraged from making investments in farm improvements to the detriment of adjacent agricultural uses and economic viability of the county's agricultural industry as a whole. It is the purpose of this chapter to protect agricultural resources and to reduce the loss to the county's agricultural lands by limiting the circumstances under which agricultural operations may be considered a nuisance. This chapter is not to be construed as in any way modifying or abridging any provision of Nevada Revised Statutes relative to nuisances, but rather is only to be utilized in the interpretation and enforcement of the provisions of this Code and county regulations.
   
   Churchill County promotes a good neighbor policy between farmers, ranchers and residents of property adjacent to or near agricultural operations. The county requires proper notification of the county's recognition of agriculture's right to farm as follows:
   1. As a condition of approval of any subdivision or parcel map of any land in Churchill County, the owner or developer of such land and their heirs, assigns and successors, shall agree to provide notice to any and all subsequent purchasers of the provision of NRS § 40.140 and this chapter. Such notice shall include a signed acknowledgment on the tentative and final maps. Thereafter, such notice shall be included in the chain of title.
   2. As a condition of approval of any subdivision or parcel map of any land in Churchill County adjacent to an existing agricultural operation such as a dairy, hog farm, feedlot, goat farm/dairy, alfalfa/grain farm or other operation, the developer shall include a plan to buffer the odors, sights, and noises of the existing agricultural operation from the proposed residences and/or businesses.
7. Schedule and fees. The planning department shall establish a schedule for submittal of applications for all development and land division applications. This schedule shall be made available to the public and also on file at the Churchill County planning department.
   
   The Churchill County commission shall establish a fee schedule for the processing of all development and land division applications. This schedule shall be made available to the public and also on file at the Churchill County planning department.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2007-I, 2007; Bill No. 2012-F, 2012)

All development that occurs within Churchill County must be done in accordance with the provisions of this title, and issued the appropriate permits. Development is considered activities that could include "site work", defined as filling, grading, paving, excavating, construction or demolition of public roadways, construction or modification of a building or structure or a change in the land use that increases the activity and service level of the site or business.

1. Development permits shall be classified into land use (zoning) permits and land division permits. Zoning permits include the following types of applications:
   1. Master land use plan amendments;
   2. Zoning map amendments;
   3. Zoning code amendments;
   4. Temporary use permits;
   5. Special use permits;
   6. Variances; 
   7. Zoning Reviews;
   8. Conditional Zoning Permits;
   9. Abandonments; and
   10. Planned Unit Developments
2. Land division permits include the following development applications:
   1. Tentative subdivision map;
   2. Final subdivision map;
   3. Tentative parceling map;
   4. Parcel map;
   5. Division of land into large parcels map;
   6. Record of survey map for a boundary line adjustment or similar changesimilarchangeadjustment;
   7. Reversion to acreage or merger and resubdivision map; and
   8. Modifications to existing maps, such as a certificate of amendment, and map amendment.

(Bill No. 2005-F § 2.2, 2005)

1. Standard forms. The Churchill County planning department shall provide application forms, submittal requirements, process and procedures and instructions for completing the applications. Submittal schedules and fee schedules will also be available at the Churchill County planning department, which will identify submittal dates, applicant review meetings and public hearings.
2. Completeness. Any application submitted to the planning department may not be accepted if the application is incomplete. The planning director or assigned staff shall determine preliminary completeness of the application at the time of submittal, with formal determination to be completed within seven days of submittal of the application. If the planning department returns an incomplete application, they must provide to the applicant a description of the additional information required and, if requested by the applicant, a copy of the relevant provision of the ordinance, resolution or regulation which specifically requires the additional information or an explanation of why the additional information is necessary.
3. Design standards. Churchill County has adopted development standards, which shall be complied with in all application submittals.
4. Processing. Applications shall be submitted to the planning department in accordance with the application filing schedule. Once the application is deemed complete, the request can be distributed to the appropriate departments and agencies for review and comment. The planning staff compiles all of the comments and further evaluates the request for conformance with the appropriate criteria and findings, and prepares a staff report which the planning commission considers when making a decision for approval, denial, or redesign of the project.

(Bill No. 2005-F § 2.2, 2005; Bill No. 2007-I, 2007; Bill No. 2010-G, 2010)

1. Conditional development approval. The planning director, planning commission or county commissioners are authorized to apply conditions to applications for development. Conditions are employed to development projects to ensure:
   1. Conformity with the master plan.
   2. Compatibility with existing adjacent properties and uses.
   3. Protection of the public health, safety and general welfare.
   4. That adequate public facilities and services are available to the development.
   5. As a part of the review and analysis of the development request, findings of conformance with the goals and objectives of the Code and the master plan must be made in order to recommend approval and impose conditions. The conditions imposed by the staff may be modified by the final decision-making body.
   6. Final conditions placed upon the development will be documented as a record of decision filed with the Churchill County planning department and/or board of county commissioners.

(Bill No. 2005-F § 2.2, 2005)

1. Conditions of continuance. A preexisting lawful use of land or buildings not in conformance with the regulations prescribed in this Code may be continued subject to the following conditions:
   1. A lawful nonconforming use which is abandoned or discontinued for a period of more than 365 consecutive days shall constitute termination of that nonconforming use. Intent to abandon this nonconforming use is not required.
   2. The nonconforming use shall not be extended or expanded.
   3. Any building or structure existing as a nonconforming use which has been damaged or destroyed by natural calamity may be repaired without losing the right to maintain the nonconforming use in that particular zone, provided that the repairs conform to the standards of the latest building code adopted by the county. Any single-family dwelling, existing as a nonconforming use, or existing as a lawful use of land but placed or constructed lawfully prior to existing building codes or placement requirements for manufactured homes or mobile homes, may be repaired, replaced, or expanded upon provided that the current building codes or placement requirements outlined in title 14 of this Code are met, without losing the right to maintain the nonconforming use in that particular zone.
   4. No nonconforming use shall be changed to another nonconforming use.
2. Applicability to future nonconforming uses. Provisions of this section shall apply to uses of property or to buildings, which may become nonconforming by reason of amendment or supplement to this title or to the land use plan.

(Bill No. 2005-F § 2.2, 2005)

All enforcement procedures are outlined in title 1, chapter 1.12, "Code Enforcement", of this Code.

(Bill No. 2012-F, 2012)