This title regulates and restricts the use and improvement of land and controls the location, soundness, and use of structures, to:

•

Promote the public health, safety, morals, convenience or general welfare of the community;

•

Preserve the quality of the air and water resources;

•

Promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment;

•

Enhance the aesthetics of the community;

•

Provide for recreational needs;

•

Protect life and property in areas subject to floods, landslides and other natural disasters;

•

Conform to the adopted population and master plans;

•

Develop a timely, orderly and efficient arrangement of transportation and public facilities and services;

•

Take into account the relative suitability of the land for development, and to ensure that any development of the land is commensurate with the character and physical limitations of the land;

•

Lessen traffic congestion;

•

Prevent overcrowding of land and undesirable concentrations of population.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

This title is known and cited as the "City of Fernley Development Code," hereinafter "development code." The City of Fernley shall be known and may be cited in all proceedings as "city."

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

General applicability. The provisions of this code shall apply to all land, buildings, structures, and uses of land, buildings, and structures located within the City of Fernley, unless an exemption is provided by the terms of this code. The provisions of this code are the minimum requirements adopted for the promotion of the public health, safety, and welfare.

(b)

Compliance required.

(1)

No building or structure shall be erected, converted, enlarged, reconstructed, or altered for use, nor shall any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this code.

(2)

No lot of record that did not exist on the effective date of this code shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this code.

(3)

No permit or approval may be issued under this code unless all structures and uses of land and structures to be authorized by the permit or approval conform to this code, regulations promulgated under this code, and the terms and conditions of other applicable permits and approvals issued under this code. A permit or approval issued in violation of this code is void.

(c)

Application to governmental agencies. To the extent allowed by law, the provisions of this code shall apply to all land, buildings, structures, and uses owned by government agencies. Where the provisions of this code do not legally control such land, buildings, structures, and uses owned by government agencies, such agencies are encouraged to meet the provisions of this code.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

This development code is declared to conform to the master plan of the city pursuant to the provisions of NRS ch. 278. Per NRS 278.200 the master plan shall be a map, together with such charts, drawings, diagrams, schedules, reports, ordinances, or other printed or published material, or any one or a combination of any of the foregoing as may be considered essential to the purposes of NRS 278.010 to 278.630, inclusive.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

The provisions of this development code shall not be construed as abating any action now pending under, or by virtue of, prior existing land development regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the city under any chapter or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the city except as shall be expressly provided for in these regulations.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

Approved development.

(1)

Development for which an application for conditional use permit, variance, tentative parcel map, final parcel map, tentative subdivision map, final subdivision map, tentative land division map or final land division map has been finally approved and which approval remains valid on the effective date of this title shall remain valid unless such approval expires by the terms of the approval or in accordance with this title. Development which has been granted approval may be built in accordance with the development standards in effect at the time of approval, provided that the approval is valid at the time building permits are issued and that the approval is subject to any time limits imposed pursuant to this title; further provided that any subsequent applications for a development permit required by this title prior to issuance of and including a building permit and certificate of occupancy shall be processed in accordance with the procedures established by this title for the processing of such development permit.

(2)

No provision of this title shall require any change in the plans, permit expiration, construction or designated use of any structure for which a building permit has been issued prior to the effective date of this title or any subsequent amendment.

(3)

Any reapplication for an expired development permit must meet the standards in effect at the time of reapplication.

(b)

Projects in process. Development for which an application for a development permit has been accepted as complete, but which has not been granted final approval by the appropriate designated official prior to the effective date of this title, shall be subject to the land use regulations, standards for approval, and other requirements in effect at the time the application was deemed complete; provided that any subsequent application for a development permit required by this title prior to issuance of and including a building permit and certificate of occupancy shall be processed in accordance with the procedures established by this title for the processing of such development permit. If approved, the development may be built in accordance with the development standards in effect at the time of application, provided that any design review filed subsequent to the issuance of a conditional use permit or reapplication for an expired permit must meet the standards for approval in effect at the time of application. This provision shall not apply to any application for a master plan amendment or zoning map amendment.

(c)

New applications. If no application for a development permit has been accepted as complete and the development has received no more than approval of a master plan map amendment or a zoning map amendment prior to the effective date of this title, pending and subsequent applications for development approval shall be subject to all requirements, standards and procedures set forth in this title.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

Purpose.

(1)

The right to farm all land is recognized to exist as a natural right and is also ordained to exist as a permitted use everywhere in the city except where expressly prohibited under this title, subject only to state health and sanitary codes.

(2)

It is the declared policy of the City of Fernley to conserve and protect agricultural land, agricultural irrigation water rights and agricultural operations, and to encourage sustainable agricultural operations within the city. It is the purpose and intent of this section to reduce the loss to the city of its viable agricultural land by limiting circumstances under which agricultural operations may be considered a nuisance, consistent with NRS 40.140.

(b)

Intent.

(1)

This section defines and limits cases in which agricultural operations may be perceived a nuisance. It includes a disclosure notice to prospective property buyers, notifying them that if the property they are purchasing is adjacent to agricultural land, they may be subjected to certain inconveniences associated with normal agricultural operations and that special setbacks may be required on the property.

(2)

The right to farm includes, but is not limited to, the right to engage in all of the "agricultural operations" defined in this section. This right to farm shall also include the right to use land for agricultural production and grazing by animals, in addition to agricultural products processing, transportation, sales, and distribution. The foregoing uses and activities included in the right to farm, when necessary for the particular farming, livestock, fowl or crop production, and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Saturdays, Sundays and weekdays, 24 hours a day, and the traffic, noise, odors, dust, fumes and other disturbances that are caused by such activities are also specifically permitted as part of the exercise of this right.

(c)

Nuisance.

(1)

No present or future agricultural operation or any of its appurtenances conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land or commercial land shall be deemed a nuisance, due to any changed condition of the use of adjacent land and water rights appropriated for that land in or about the locality thereof; provided, that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation and its appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any navigable lake, stream, river, canal or basin or any public park, square, street or highway. Consistent with NRS 40.140(2), it is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice consistent with proper and accepted customs and standards of the agricultural industry.

(2)

It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted is more than offset by the economic and social benefits from farming to the local and state economy, community aesthetics, and to society in general, by the preservation of open space, the beauty of the countryside and clean air, the provision for continual local economic growth and by the preservation and continuance of farming operations in this city and the state as a source of agricultural products for this and future generations.

(3)

As a condition of approval of any subdivision or parcel map of any land in the City of Fernley, the owners or developers of such land and their heirs, assigns and successors, shall agree to provide notice to any and all subsequent purchasers of the provisions of NRS 40.140 and this chapter. Such notice shall include a signed acknowledgment on all land development maps.

(4)

If a landowner or resident believes that an agricultural operation is not being conducted or maintained in a manner consistent with proper or accepted customs and standards of the agricultural industry, the landowner or resident may submit a complaint to the administrator.

(d)

Disclosure statement.

(1)

Every seller of any real property in the City of Fernley, either directly or through his/her authorized agent shall provide to any prospective buyer a written disclosure statement advising the buyer of the existence of a right to farm ordinance enacted by the City of Fernley. Such disclosure statement shall contain or be accompanied by a copy of the ordinance codified herein or successor, and statement that intensive agricultural operations may be conducted on agricultural and other land within the city. The disclosure statement shall be substantially in the form promulgated by the board, or their designee. The written disclosure statement shall include any agricultural setback requirements and water rights use restrictions applicable to the property. The buyer shall sign a copy of the written disclosure statement acknowledging receipt of the disclosure and accompanying documents and deliver the signed copy to the seller or his/her authorized agent. The seller or his/her authorized agent shall retain the copy of the disclosure statement executed by buyer in the escrow process.

(2)

The disclosure statement shall contain substantially the following language:

The City of Fernley has determined that the highest and best use for agricultural land as defined below is to develop or preserve said lands for the purposes of agricultural operations and it will not consider the inconveniences or discomforts arising from or related to agricultural operations to be a perceived nuisance if such operations are legal, consistent with accepted customs and standards and operated in a non-negligent manner.

If property you own or may purchase in the future is located adjacent, near, or close to agricultural lands or within agricultural lands, including agriculture land easements, irrigation ditch easements, drain ditch easements, or agricultural products processing facilities, you may be subject to inconveniences or discomfort arising from agricultural operations. These may include but are not limited to the spraying, cleaning, and maintenance of irrigation water delivery systems as well as traffic, noise, odors, dust, chemicals, smoke, insects, operation of machinery (during any 24-hour period), aircraft operation, and storage and disposal of agriculture by-products, including manure. One or more of the inconveniences described above may occur even in the case of an agricultural operation, which is in conformance with existing laws and regulations and locally accepted customs and standards. If you live near an agricultural production area and/or agriculture products facility, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a city with a strong rural character and a healthy agricultural sector. You are prohibited from interfering with or in any way obstructing agricultural operations, including, for example, tampering with irrigation delivery facilities, obstructing irrigation ditches, and obstructing agricultural land easements.

For purposes of this notification:

Land surrounding your property may or may not be presently zoned or designated on the General Plan for primary or substantial agricultural use, the land contains an existing agricultural operation of a type that would be obvious to an uninformed observer after a physical inspection of the property, and that operation began at a time when such use was permissible.

Agricultural operation means all activities relating to agricultural production and use, and shall include, but not be limited to, the cultivation and tillage of the soil, lawful use of appropriated water rights for agricultural irrigation purposes, including groundwater, as well as any agriculture irrigation water delivery system maintenance and improvements, the burning of agricultural waste, weeds and other debris or other agricultural burning, including ditches and fields, lawful use of housing and transportation of labor for the purpose of crop production, lawful use of temporary and permanent facilities for the health, safety and welfare of agricultural workers, protection of crops and livestock from pests (i.e., insects, diseases, weeds, predators) damaging or which could potentially damage crops or livestock, the proper and lawful use of agricultural inputs and chemicals, whether organic or conventional, including but not limited to the ground and aerial (i.e., via aircraft) application of crop protection products and fertilizers, fumigation, or the raising, production, irrigation, pruning, harvesting, or processing of any living organism, organically or conventionally, having value as an agricultural commodity or product, and any commercial practices performed incident to or in conjunction with such operations where the agricultural product is being produced, including preparation for market, delivery to storage, processing and packaging, and distribution to market, or to carriers for transportation to market or processing of an agricultural commodity, and those buildings or related facilities (no matter their zoning) that process, store, package and distribute agriculture products.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

(a)

It is the duty of the zoning administrator, to enforce all of the provisions of this title.

(b)

It is unlawful for any person to interfere with the zoning administrator in the performance of their duties.

(c)

In order to prevent a public health or safety hazard (as defined by NAC 444), nuisance (as defined by NRS 40.140) or to require an operation to cease due to a public health or safety hazard or nuisance, the city has the authority to appoint a representative with expertise in the area of violations and determine if a public health or safety hazard or nuisance exists. If the city representative is able to verify that such a public health or safety or nuisance exists, then the city may deny or revoke a permit and formally declare a violation of this title and require the operation to rectify or cease such activities until it can be determined that a public health or safety hazard or nuisance will not occur as a result of said activities. If the representative determines that such a violation exists, the cost of the city representative and the investigation shall be paid by the property owner.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

The city council shall establish a schedule of fees for processing of all development and land division applications under this development code by resolution. All such resolutions are incorporated by reference into this development code as though fully set forth.

Except as otherwise established by formal policy adopted by the city council, every application for a development permit under this development code shall be accompanied by a fee as set by resolution of the city council. Fees are not required with applications submitted by the city council, planning commission, Lyon County school district, or city agencies or staff. Any fees required by this development code shall be collected and are due at the time of application submittal. Refund of fees may be made less the staff and administrative costs incurred to date by the city. No refund shall be made where the development permit has been noticed for hearing.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)

No application shall be considered complete and move forward through the review process until the property taxes have been paid through the entire, current fiscal year and proof of property tax payment from the county treasurer is provided with the application. This provision shall apply, but not be limited to, all applications for change of land, master plan amendments, conditional use permits, variances, reversions to acreage, parcel maps, divisions into large parcels, tentative maps, and final maps.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020)