(a)

Certain permitted uses shall meet the criteria indicated in this chapter.

(b)

This chapter applies regardless of the zoning district in which the use is located or whether the use is permitted by right or as a conditional use, unless otherwise indicated in this chapter.

(c)

The uses listed in this chapter are defined in the use table (section 32.06.150), unless otherwise indicated.

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

Purpose: Certain accessory structures may be converted to or developed for residential dwelling uses to promote efficient use of land. This section allows accessory dwelling units (ADUs) with standards to ensure that they do not change the residential character of the principal use. This provides affordable living options in prescribed zoning districts, while protecting their character and maintaining compatibility between uses. Examples of living arrangements for ADUs include seniors occupying a second family living unit or apartment, or families with elderly parents unable to live completely alone.

(a)

Applicability. This section applies to any accessory dwelling unit ("ADU").

(b)

Where allowed.

(1)

An ADU may be located in those zoning districts shown in Table 32.06.150-2 (Use Table).

(2)

An ADU may be:

a.

Constructed as a new building;

b.

Adapted from an existing building into an existing accessory structure on the same lot; or

c.

Adapted from part of the main structure.

(3)

Only one ADU is allowed on a lot.

(4)

An ADU is not allowed on a nonconforming lot.

(5)

Mobile homes/RVs/travel trailers cannot be used as accessory dwelling units in any zoning district.

(6)

A tiny home (as defined in the International Residential Code) with a permanent foundation is allowed for use as an ADU.

(c)

Standards.

(1)

Accessory dwellings shall not exceed a gross floor area of 1,000 square feet or more than 50 percent of the main structure's floor area, whichever is less.

a.

Tiny homes shall not exceed 400 square feet as defined in the International Residential Code.

(2)

Where the unit is attached, a separate entrance to the accessory dwelling is allowed, but only one entrance may be visible from the front property line.

(3)

The property owner must live on the property and maintain one of the units as the primary residence.

(4)

Deed restrictions. Before obtaining a building permit, the property owner shall file with the county recorder a declaration or agreement of restrictions which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating that:

a.

The accessory dwelling unit shall be considered legal only so long as either the primary residence or the accessory dwelling is occupied by the owner of the property;

b.

The accessory dwelling cannot be sold separately;

c.

The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance may result in legal action against the property owner.

(5)

The accessory dwelling shall be compatible with the primary dwelling in terms of architectural style and building materials.

(6)

On parcels of less than one acre, all accessory dwellings shall be single-story.

(7)

Accessory dwellings shall be in conformance with the setback requirements of the permissive main structure of the zoning district in which it is located.

(Ord. No. 2020-005, § 1(Exh. A), 3-4-2020; Ord. No. 2023-007, 11-15-2023)

(a)

Applicability. This section applies to any accessory use.

(b)

General requirements for accessory uses.

(1)

The administrator shall determine whether a proposed use is an accessory.

(2)

The accessory use shall occupy the same building as the principal use.

(3)

The accessory use or accessory structure shall not occupy more than ten percent of the building footprint of the associated principal use.

(c)

Outdoor sales and display.

(1)

Applicability.

a.

This section applies to any outdoor sales and display use.

b.

This section does not apply to:

1.

The display or sale of goods or merchandise on public property;

2.

The display of goods in the following businesses, where the display normally and customarily occurs outside of an enclosed structure;

A.

Accessory propone sales;

B.

Farmers market;

C.

Manufactured home dealers; or

D.

Vehicle or equipment sales and rentals.

(2)

Outdoor display.

(3)

Outdoor display of goods is only allowed for sale in connection with a lawfully established commercial use.

(4)

The space occupied by the display shall not exceed 20 percent of the gross floor area of the building occupied by the business displaying the goods, except by conditional use permit.

(5)

This display shall be temporary or seasonal, and its duration not exceed 30 calendar days.

(6)

The display shall be visually pleasing and maintained in a neat and litter-free condition.

(7)

The display shall not interfere with the safe and convenient passage of pedestrians or obstruct any pedestrian walkway or reduce its clear width to less than eight feet.

(8)

The display shall not interfere with circulation or parking of vehicles in any required parking area.

(9)

The actual purchase of goods displayed as provided in this section shall take place within the building or other approved enclosure occupied by the business displaying the goods.

(10)

Outdoor display areas shall not be used for storage.

(d)

Outdoor sales (accessory).

(1)

Outdoor sale of goods is allowed only in connection with a lawfully established use in a nonresidential district, subject to the standards listed below.

(2)

A temporary use permit is required to establish the outdoor sale.

(3)

The space occupied by an outdoor sales area shall not exceed three percent of the gross floor area of the building occupied by the business conducting the sale.

(4)

The duration of the outdoor sale shall not exceed 72 hours. The sales shall not be conducted by the same business more often than once every 28 calendar days.

(5)

At the termination of a sale, any space occupied by an outdoor sales area shall be completely cleared of all paraphernalia associated with the sale, and all dirt or litter.

(6)

The outdoor sale shall not interfere with the sale and convenient passage of pedestrians or obstruct any pedestrian walkway or reduce its clear width to less than eight feet.

(7)

The outdoor sale shall not interfere with circulation or parking of vehicles in any required parking area.

(e)

Outdoor dining. Outdoor dining in association with a permitted restaurant may be allowed subject to the following conditions:

(1)

Hours of operation for the outdoor dining component when sharing a common property line with a residentially zoned property are limited to 8:00 a.m. to 8:00 p.m. Longer hours may be exceeded through the conditional use permit.

(2)

Hours of operation for the outdoor dining component when sharing a common property line with a nonresidentially zoned property are limited to 6:00 a.m. to 10:00 p.m. Longer hours may be exceeded through the conditional use permit.

(3)

Lighting of the outdoor dining area shall not spill beyond the outdoor dining area.

(f)

Accessory commercial use. Accessory commercial uses in multiple family residential zoning districts may be permitted in accordance with this section.

(g)

Industrial districts—Accessory uses. In the "I" district, an accessory use may occupy up to 20 percent of:

(1)

The gross floor area of the principal structure; or

(2)

If there is no structure associated with the principal use, up to 20 percent of the net useable lot area.

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

Purpose: Pursuant to NRS 278.022 et seq., special regulation of adult businesses is necessary to ensure that any possible adverse effects of these businesses will not be experienced by young people nor contribute to the blighting or downgrading of surrounding neighborhoods nor detract from the tourism efforts of the city, its redevelopment agency, and private businesses. With this in mind, the following purposes are furthered by this section.

• To prevent exposure of materials subject to regulation by this section to minors;

• To prevent location of adult businesses near areas frequented by minors;

• To prevent the concentration or clustering of adult businesses in any one area and away from areas frequented by tourists;

• To avoid the possible degradation of area property values as a result of their proximity to adult businesses; and

• To limit the potential spread of sexually transmitted diseases and the opportunity for the commission of public offenses, including, but not limited to, solicitation, prostitution and the trafficking of controlled substances.

The City Council recognizes that adult businesses, because of their potentially objectionable operational characteristics, can have a deleterious effect on the adjacent areas, particularly when several of them are positioned in geographic proximity to each other under certain circumstances. This regulation is designed to minimize those effects.

It is the intent of this chapter to:

• Act consistently with the holdings of federal court cases by assuring adequate locations within the City of Fernley for the conduct of adult businesses and that regulations governing adult businesses are content neutral, provide a reasonable time, place and manner for regulations furthering the purposes of this section; and

• To further the purpose of the zoning regulation as expressed in chapter 32.06. Fernley endeavors, through its planning and zoning regulations, to provide for its citizens and tourists an atmosphere that is both safe, healthy and aesthetically pleasing, one that fosters activities appropriate for visitors of all ages on its thoroughfares; and

• Through its neighborhood planning program, recognize that some residential neighborhoods, because of their proximity to commercial districts, are more susceptible to the effect of intensive or obnoxious activities. This regulation aims to preserve neighborhood integrity while fostering a positive and wholesome image for visitors from out of the area.

(a)

Applicability. This section applies to any "adult business" as defined in chapter 32.02 of this title.

(b)

Exception. An "adult bookstore" which only has a segment or section devoted to the sale, lease or display of material referred to in the definition of "adult book store" (see chapter 32.02 of this title) is not subject to regulation under this section if all the following criteria are met:

(1)

The segment or section devoted to that material does not exceed seven percent of display or retail floor space of the business or 200 square feet, whichever is less;

(2)

The material is available only for sale or lease for private use by the purchaser or lessee outside and off the premises of the business;

(3)

The segment or section devoted to those materials is segregated by partition, separate internal entrance, or otherwise obscured from casual observance by minors;

(4)

The segment or section is clearly signed to prohibit access by minors;

(5)

The segment or section is adequately staffed or within view of staff or otherwise controlled to assure monitoring of minors who may seek access to that segment or section;

(6)

The business in which that a segment or section is located may not advertise itself or hold itself out to the public as being an adult business, whether by store window displays, signs or other means; and

(7)

A business claiming this exception must not be combined with any other business to result in an increase in the floor area devoted to adult material beyond the maximum specified here.

(c)

Location restrictions.

(1)

Adult businesses, as defined in chapter 32.02 and this section, may be located in the industrial ("I") zoning district if they comply with the following:

a.

No adult business may be located on a parcel which abuts a freeway, expressway or major or minor arterial roadway.

b.

No adult business may be located within 1,000 feet of any residential property.

c.

No adult business may be located within 1,000 feet of any of the following:

1.

Any other adult business;

2.

Gaming establishment;

3.

Public or private university, college, school or pre-school as defined by Nevada Department of Education;

4.

Day-care center;

5.

Park or playground;

6.

Church, synagogue or other house of worship;

7.

Library;

8.

Museum;

9.

Any premises or establishment at which alcoholic beverages are sold or served under a package license, fraternal club license, fraternal club beer license, on-premises license, on-premises beer license, cabaret license, dining room, wine and beer license, beer package license, incidental beer and wine package license, or special event alcoholic beverage license; or

10.

Any center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.

(2)

Distances shall be measured from property line to property line.

(d)

Waiver of location restrictions. The city council may waive the location restrictions contained in subsection (c) for any adult business if it makes the following findings:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;

(2)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of redevelopment; and/or

(3)

All applicable regulations of this code will be observed.

(e)

Signs and displays. The following general regulations apply to all adult businesses:

(1)

No product for sale or gift, or picture or other graphic representation of the product, shall be displayed so as to be visible from the street or exterior of the building.

(2)

No advertising sign may be equipped with animated or flashing electric illumination.

(3)

Any sign visible from outside the adult business must not display "specified anatomical areas."

(4)

The following signs must be posted inside the business:

a.

No one under the age of 21 is allowed in these premises; and/or

b.

No alcoholic beverage is allowed in these premises.

(5)

Each sign required under subsection (e)(4) must contain no lettering less than one and one-half inches in height.

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

Purpose: To restrict the location of certain types of animals within certain zoning districts of the City of Fernley in order to provide for the reasonable use and enjoyment of adjacent properties.

(a)

[Applicability.] This section applies to any domestic household pet or livestock.

(b)

Location of domestic household pets. Unless otherwise prohibited by effective ordinance of the city, domestic household pets may be located in any zoning district of the city subject to the following restrictions:

(1)

Gerbils, hamsters, guinea pigs, mice, rats, squirrels, chipmunks or similar rodent-like mammals must be kept in cages;

(2)

Domestic rabbits must be kept in hutches, cages or other enclosures to assure they do not escape;

(3)

No more than one Vietnamese potbellied pig may be kept per residence; and/or

(4)

Domesticated fowl (this does not include chickens for consumption or production of eggs), or birds must be kept in a cage or other enclosure located within the residence.

(c)

Prohibited practices; non-domestic animals. It is unlawful for any person to create or establish a location or structure for the purpose of feeding, sheltering, or providing sustenance to a high-risk species within the boundaries of the city.

(1)

For the purposes of this subsection, "feeding" shall mean the provision of food, water or other sustenance left outside of any building or structure.

(2)

For the purposes of this subsection, "sheltering" shall mean the provision of any type of shelter, whether temporary or permanent.

(3)

For the purposes of this subsection, "high risk species" shall mean such species as the striped skunk, spotted skunk, raccoon, fox, bat coyote, badger, bobcat, weasel, and other high-risk transmitters of disease.

(d)

Location of livestock.

(1)

Livestock used for production and commercial purposes, including, but not limited to, grazing, keeping, limited boarding of horses; the use and sale of livestock and including coops, stables and other accessory structures used for keeping such animals; and excluding equestrian facilities may be kept only in the GR20, RR5, and RR1 districts, if:

a.

The minimum size of the lot is one acre.

b.

Accessory stables, barns and other related structures in excess of 200 square feet may be permitted without a principle dwelling unit subject to the following:

1.

The structure must be for the keeping of livestock or for storage of agricultural products.

2.

The parcel on which the accessory structure is located shall be under common ownership to an adjacent parcel which contains a principle dwelling unit.

(2)

Livestock used for recreational purposes may be kept only in the GR20, RR5, RR1, and RR½ zoning districts, if:

a.

The minimum size of the lot is one acre.

(3)

Other than as provided above, it is unlawful to keep livestock for any purpose in any other zoning district of the city.

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

This section applies to any animal service:

(a)

Animal boarding or daycare is permitted within the animal services, indoor use only as part of a veterinary clinic, and only to the extent that it is part of medical care.

(b)

Outdoor animal exercise or containment areas are limited to 20 percent of the lot and shall be located at least 500 feet from any residential zoning district, except for the GR20 and RR5 residential districts.

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

Purpose: This section limits risk to persons from hazards associated with chemical spills or other releases associated with industrial accidents.

Within the industrial ("I") and employment center ("EC") districts, an assembly use (as defined in the use table, chapter 32.06) may not operate in a manner or hold any event that assembles more than 25 persons to the facility between 7:00 a.m. and 7:00 p.m., on Monday through Friday. Uses may include funeral and internment services, crematorium, church or worship center, event center/banquet hall, exhibition, convention, or conference facility, or fraternal club/lodge/community service facility.

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

(a)

All operations associated with the auction shall be conducted within the building permitted for the auction. Outdoor storage is not permitted without an approved administrative review.

(b)

All operations associated with the auction shall be limited to the hours of 7:00 a.m. to 7:00 p.m., except when hours of operation are waived by conditional use permit.

(c)

All parking shall be provided per Fernley Municipal Code Chapter 32.09. Outdoor storage of items considered for the auction shall not be stored in the required parking area.

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

An auto and truck repair use shall comply with the following standards:

(a)

Off-street parking shall be provided for all vehicles.

(b)

All work shall be conducted in enclosed work areas, except that outdoor work may be permitted by administrative review.

(c)

No outdoor storage shall be permitted. In the "I" (industrial) and "EC" (employment center) zoning districts, outdoor storage may be permitted by administrative review.

(d)

Junk or salvage vehicles shall not be stored on the property, except for disabled or damaged vehicles for which repair service has been arranged.

(e)

Off-site vehicle storage lot for disabled or damaged vehicles is not permitted. In the "I" (industrial) zoning district, it may be permitted through the administrative review.

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

A stand-alone automated teller machine (ATM) shall comply with the following standards:

(a)

One parking space shall be provided per stand-alone ATM, and shall be located within 100 feet of the ATM. When parking is also provided for other uses on the site, the ATM parking space shall be signed as short-term ATM parking.

(b)

Stacking lanes for an ATM shall accommodate stacking for at least 80 feet.

(c)

Impacts to surrounding residential property such as sound from idling vehicles, headlights, and visibility of the ATM shall be mitigated with landscaping, fencing and other methods subject to the approval of the administrator.

(d)

The ATM shall be illuminated. Illumination shall be from a downcast, shielded light source.

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

In the "I" (industrial) zoning district, a bar may operate only between 6:00 a.m. and midnight, except when the limitation on hours is waived by conditional use permit.

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

Purpose: The purpose of this section is to promote the public health, safety and general welfare of the people of the City of Fernley by controlling the location of, and establishing requirements and standards for, bed and breakfast facilities within the city.

(a)

Number of rooms. There shall be no more than four guest rooms and eight guests per building.

(b)

Owner-occupied. The building or structure must be the primary residence of the owner or manager of the bed and breakfast. The owner/manager must be present on the site during the period when any or all of the rooms are occupied.

(c)

Meals. Meals shall not be served to persons other than the guests and residents of the bed and breakfast.

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

A co-generation facility shall comply with the following standards:

(a)

The co-generation facility shall be located on the same parcel or an abutting parcel to the principal use.

(b)

Mechanical equipment including transformers or similar shall be screened from view using landscaping or solid fencing.

(c)

Electrical interference shall not extend beyond the property line.

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

Crematoriums must comply with the following regulations:

(a)

All equipment shall be located within a completely enclosed building.

(b)

There shall be no audible or visible indication of the use from outside of the building.

(c)

All crematoriums must comply with NRS 451.635, including:

(1)

Must be at least 1,500 feet from a residentially zoned parcel.

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

(a)

Generally. The standards below apply to each use listed where indicated by a check mark (✓).

TABLE 32.07.150-1 - Day Care/Child Care Use Standards

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

A drive-through business shall comply with the following standards:

(a)

Stacking lanes.

(1)

Stacking lanes for drive-through food service windows shall accommodate stacking for 160 feet. Stacking measurement shall begin from the food service window.

(2)

Non-food service windows shall accommodate stacking for at least 80 feet.

(b)

[Drive-through lanes.] Drive-through lanes shall be visually screened and situated so as to not block any other drive aisle or parking space.

(1)

Screening shall be a minimum of four feet in height.

(2)

Impacts to surrounding residentially zoned property such as noise from a voice box, idling vehicles, head-lights, and visibility of the business operation shall be mitigated to the approval of the administrator.

(3)

The standards in subsections a and b above may be waived by conditional use permit.

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

(a)

Applicability. This section applies to any "equipment sales and rentals" use.

(b)

Standards.

(1)

Outdoor display and storage areas for equipment shall be paved with a non-permeable material such as asphalt or concrete and shall meet the standards of chapter 32.09 (parking and loading).

(2)

Off-street parking shall be proved for all customer and employee vehicles. Equipment for sale or rent shall not be parked on the street at any time.

(3)

In the "I" (industrial) district, an off-site equipment storage lot is permitted and shall be located within 500 feet of the principal use.

(4)

Equipment wash areas shall be designed with a water collection and recycling system and shall be screened from public view.

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

(a)

Standards.

(1)

The fuel distribution or recycling use shall be located at least 500 feet from a residential zoning district.

(2)

All outdoor operations shall be screened

(3)

An establishment that includes retail sale of fuels shall have at least one primary access to an arterial street.

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

(a)

Standards.

(1)

Junk or salvage vehicles shall not be stored on the property.

(2)

No outdoor storage is permitted on the property.

(3)

Except within the "I" (Industrial) zoning district, auto service stations are limited to up to 16 fuel distribution pumps, where each pump is designed to serve no more than two customers at a time.

(4)

Within the "I" (industrial) zoning district, gas stations shall:

a.

Be located at a corner of an intersection; and

b.

Have at least one primary access to an arterial street;

c.

Or these requirements, a. and b. above, may be waived by conditional use permit.

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

Purpose: It is the purpose of this section to recognize the home as a viable location for some occupations and to ensure the compatibility of home occupations with the surrounding neighborhood. Furthermore, this section provides the following benefits:

•

Support opportunities for alternative employment forms that are nurturing to a family environment by allowing one or both parents to remain home during the day;

•

Increase the number of people at home during the day, which improves neighborhood safety;

•

Act as incubators for small business, which leads to increased commercial activity as businesses grow; and

•

Encourage telecommuting, thereby minimizing traffic congestion and air pollution.

(a)

Applicability. This section applies to any home occupation.

(b)

Standards.

(1)

The home occupation shall be operated entirely within a dwelling unit by a person or persons residing in the dwelling unit as a clearly secondary and incidental use of the dwelling for residential purposes. The home occupation must not change the residential character of the dwelling unit.

(2)

The home occupation may include storage for stock-in-trade, supplies, equipment, or goods and must be confined to the dwelling unit, accessory structures, or be stored behind a solid fence to conceal these items from any public street.

(3)

Not more than one commercial motor vehicle or trailer shall be kept at the residence. Commercial motor vehicles or trails shall not exceed an unladen vehicle weight of 10,000 pounds or be more than 25 feet in length, except on parcels greater than two acres in size.

(4)

Up to five client visits or service deliveries to the home occupation are allowed per day. Client visits shall be by appointment only.

(5)

There shall be no indication of the home occupation on the exterior of the premises.

a.

Unless required by federal regulation. Demonstration of this requirement is necessary for the city to permit indication on the exterior of the home occupation.

(6)

There shall be no manufacturing, processing, or similar activity on the premises which generates noise, odor, dust, vibration, fumes, smoke, electrical interference or other interference with adjacent properties.

(7)

The home occupation shall not be operated without the written consent of the owner of the real property. An affidavit signed by the property owner shall be submitted as part of the business license application.

(8)

In residential-single-family zoning districts, no employees of the business shall be allowed to report for duty either at or near the residence. In residential-rural zoning districts, no employees of the business shall be allowed to report for duty either at or near the residence, except in the GR20 and RR5 zoning districts where not more than three non-occupants may be allowed to report for duty at the residence.

(c)

Business license required. A person desiring to conduct a home occupation shall complete an application for a business license under title 10 of this Code.

(d)

[Exceptions.] If unable to meet the requirements of this section, the planning commission may, by conditional use permit, allow a home occupation without full compliance with the current provisions of this title when the proposed changes are not detrimental to the public health, safety, and welfare.

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

(a)

Applicability.

(1)

This section applies to any life care or continuing care services use.

(2)

Examples of principal uses or structures that constitute life care or continuing care services include:

a.

Congregate housing.

b.

Assisted living.

c.

Life care or continuing care service.

d.

Community care facilities for the elderly.

e.

Continuing care retirement community.

f.

Nursing home.

g.

Homes for the elderly.

(b)

Standards

(1)

Common areas. Life care or continuing care services shall include common area of at least 15 square feet per guest room or dwelling unit, unless a different standard is provided by state or federal law or regulation.

(2)

Access. Facilities licensed for more than ten beds shall have access to a collector or arterial street.

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

(a)

Applicability.

(1)

This section applies to any live/work dwelling.

(2)

A live/work dwelling may occupy a building originally designed for industrial or commercial occupancy.

(b)

Standards.

(1)

A live-work dwelling shall include one dwelling unit, and any nonresidential use except the following (see use table):

Adult business

Alternative financial services/payday loan establishment

Animal services

Assembly uses

Auction house

Auto and truck repair (heavy)

Auto and truck repair (light)

Automated teller machine, stand alone

Autopawn

Bail bond services

Bar/lounge

Building material sales and services

Car wash

Contractor shop

Crematorium

Cultural institution

Data processing, hosting, and related services (including data centers)

Entertainment facility/theater

Gaming establishment (non-restricted)

Gas station

Health/fitness club

Hospital

Industrial services

Liquor store

Lodging/short-term rental

Manufactured home dealers

Media production

Medical marijuana dispensary

Medical marijuana production or cultivation

Medical office, clinic, or laboratory

Medical office, clinic, or laboratory (more than 50,000 square feet gross floor area)

Mining and quarrying

Mobile vendor

Nursery (commercial, retail and wholesale)

Outdoor processing

Park/open space

Production, general

Recreational facility, major

Recreational facility, minor

Restaurant

Truck stop/Travel Center

Vehicle or equipment sales and rentals

Warehousing, storage and distribution

(2)

The total number of dwelling units on the subject property shall not exceed the maximum number of dwelling units permitted by the zoning district.

(3)

The conversion to a live/work dwelling of a building or part of a building that was originally designed for non-residential occupancy is not subject to the requirements for off-street parking in chapter 32.09 and is not subject to the open space requirements for new residential dwelling units contained in the applicable zoning district or districts. If the building is converted from an existing building designed for non-residential occupancy, existing parking spaces or open space shall be retained.

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

(a)

Applicability. This section applies to any machinery and heavy equipment sales, rentals and service use.

(b)

Standards.

(1)

Outdoor display and storage areas for machinery and equipment shall be paved with a non-permeable material such as asphalt or concrete.

(2)

Off-street parking shall be provided for all customer and employee vehicles, and all sales and rental vehicles. Machinery and equipment for sale or rent shall not be parked on the street at any time.

(3)

In the industrial ("I") zoning district, an off-site machinery and equipment storage lot is permitted and shall be located within 500 feet of the property line of the principal use.

(4)

Minor repair to machinery and equipment is permitted. Service work areas shall be indoors.

(5)

Machinery and equipment wash areas shall be designed with a water collection and recycling system and shall be screened from public view.

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

Purpose: The purpose of this section is to promote the public health, safety and general welfare by establishing minimum standards for all manufactured homes in single family residential subdivisions, manufactured/mobile home subdivisions, and manufactured/mobile home parks erected within the city.

(a)

Manufactured homes in single-family districts. Manufactured homes, as defined in NRS 278.02095, are permitted in any residential zoning district. A manufactured home on an individual lot, outside of a manufactured/mobile home subdivision or manufactured/mobile home park and shall comply with the following standards:

(1)

Configuration. Manufactured homes shall:

a.

Be permanently affixed to a residential lot by means of a permanent foundation as required in this section;

b.

Be converted to real property;

c.

Be manufactured within the six years immediately preceding the date on which it is affixed to the residential lot;

d.

Consist of more than one section; and

e.

Include at least 1,200 square feet of living area.

(2)

Permanent foundation required.

a.

A footing and foundation permit is required.

b.

All manufactured homes shall have running gear, tongues, axles, and wheels removed at the time of installation.

c.

Foundations are to be designed by a Nevada licensed engineer to meet the city's requirements for wind, snow and seismic zone

d.

Foundations shall be a full, poured in place, perimeter foundation or slab on grade similar to that used for site-built single-family homes. An elevated foundation must be masked with the same exterior finish used on the home or decorative masonry wainscoting. All masking must be extended to within six inches of grade.

(3)

Exterior finish and roof design. The exterior finish and roof design shall be architecturally integrated with the homes in the immediate vicinity. The term "immediate vicinity" shall mean "within 300 feet" of the subject parcel, excluding commercial, multi-family and industrial development.

a.

Exterior finish.

1.

The exterior finish shall be or give the appearance of stucco, masonry, horizontal wood siding, or metal siding.

2.

All siding shall be horizontal lap and shall have decorative features such as window and door trim or vents.

b.

Roof design.

1.

Material shall be or give the appearance of asphalt shingles, tile, or wood, but actual wood shall not be used as a material.

2.

Roofing material must be different in color and material than that of the exterior finish of the house so as to create contrast.

3.

The minimum roof pitch allowed on a manufactured home is 3:12.

4.

There shall be a roof overhang at the eaves and gable ends of not less than that required by the building code, excluding rain gutters, measured from the vertical side of the dwelling. The roof overhang requirement shall not apply to areas above porches, alcoves, and other appendages.

(4)

The owner/owner's agent shall provide written documentation that the placement complies with all covenants, conditions and restrictions (CC&R's) of the subdivision where the manufactured home is proposed to be placed. The owner/owner's agent shall provide a copy of the CC&R's or written documentation of the non-existence of CC&R's within the subject area.

(b)

Manufactured/mobile home subdivisions utilizing small lots and homeowners' associations.

(1)

Applicability. Provisions of this section shall apply to those manufactured/mobile home subdivisions constructed after the effective date of the ordinance. This subsection does not apply to existing parks or resales of existing parks, except in the case of remodeling when that portion of the park being remodeled shall comply with the provisions of this subsection.

(2)

Manufactured/mobile home subdivisions require a conditional use permit.

(3)

Manufactured/mobile home subdivisions shall comply with NRS ch. 278, the subdivision and other applicable ordinances and regulations of the Fernley Municipal Code and Nevada Revised Statutes.

(4)

Uses permitted are:

a.

One manufactured home per lot or site;

b.

Accessory buildings;

c.

Community recreational buildings and facilities.

(5)

Development requirements are:

a.

Minimum overall area: five acres;

b.

Maximum building height: 35 feet;

c.

Minimum lot area: 4,500 square feet;

d.

Minimum lot width: 60 feet;

e.

Minimum setback from bordering public street line: 15 feet;

f.

Minimum setback from internal street: five feet;

g.

Minimum setback from exterior boundary of subdivision: minimum of ten feet;

h.

Minimum distance between manufactured/mobile home sides or side and end: 20 feet; between ends: ten feet; and

i.

Expandable sections of a manufactured/mobile home or attached accessory building are considered a part of the manufactured/mobile home proper for setback requirements.

(6)

General requirements.

a.

All vehicle parking spaces and driveways shall be paved.

b.

Exposed ground surfaces in all other parts of a manufactured/mobile home subdivision shall be covered with stone screening or other material or protected with a vegetative growth, either of which is capable of preventing soil erosion and eliminating objectionable dust.

c.

All manufactured/mobile home subdivisions shall have at least one recreation area or open space accessible from all lots. The cumulative size of the recreation area shall be at least two and one-half percent of the gross manufactured/mobile home subdivision area. It shall be landscaped as per plans approved as part of conditional use permit.

d.

When included, pedestrian ways shall have a minimum width of three feet and shall be appropriately situated.

e.

Fences. Manufactured/mobile home subdivisions shall be fenced with a solid view-screening fence up to six feet and at least four feet in height around the entire boundary of the subdivision.

(7)

Additional off-street parking requirements see chapter 32.09.

(c)

Manufactured/mobile home parks.

(1)

Applicability. Provisions of this section shall apply to those manufactured/mobile home parks constructed after the effective date of the ordinance. This subsection does not apply to existing parks or resales of existing parks, except in the case of remodeling when that portion of the park being remodeled shall comply with the provisions of this subsection.

(2)

A conditional use permit is required.

(3)

Manufactured/mobile home parks shall comply with NRS ch. 278, the subdivision and other applicable ordinances and regulations of the Fernley Municipal Code and Nevada Revised Statutes.

(4)

Uses permitted are:

a.

One manufactured/mobile home per space;

b.

Two carports, cabana, ramada or patio and one detached storage room per manufactured/mobile home;

c.

Community recreation buildings and facilities, laundry, car wash, boat or storage facilities serving the manufactured/mobile home park only; and/or

d.

Management offices. One single-family dwelling or manufactured/mobile home used exclusively for living quarters by the operator or manager of the park.

(5)

Development requirements are:

a.

Minimum overall area: five acres;

b.

Maximum building height: 35 feet;

c.

Minimum net space area per manufactured/mobile home: 4,500 square feet;

d.

Minimum net manufactured/mobile home space width: 60 feet;

e.

Minimum setback of any building or manufactured/mobile home from a bordering public street line: 15 feet;

f.

Minimum front setback from internal street: five feet;

g.

Minimum setback line from the exterior boundary line of the manufactured/mobile home park: a minimum of ten feet;

h.

Minimum distance between manufactured/mobile home sides or side and end: 15 feet; between ends: ten feet;

i.

Expandable sections of a manufactured/mobile home or attached accessory building should be considered a part of the manufactured/mobile home proper for setback requirements; and/or

j.

The occupied area of a manufactured/mobile home space shall not exceed 75 percent of the space area. "Occupied area" means the total lot area covered by a manufactured/mobile home and accessory buildings and structures on a manufactured/mobile home space.

(6)

Street system.

a.

All manufactured/mobile home spaces shall be provided with safe and convenient vehicular access from public or private streets. Alignment and gradient of streets shall be properly adapted to topography.

b.

Street surfacing. All streets shall be paved and drained in a manner approved by the city public works department. Streets shall have a designed structural section based on traffic volumes and soil conditions, but in no event shall the asphaltic pavement be less than two inches in thickness, placed on a base material at least four inches thick and approved by the city public works department.

c.

Access to manufactured/mobile home parks shall be designed to minimize congestion and traffic hazards and provide for safe movement of traffic at the entrance or exits to adjoining streets.

d.

All streets shall have a paved section not less than 32 feet in width and a right-of-way of not less than 32 feet.

e.

All streets shall be properly signed and lighted. Lighting system is to be approved by the administrator and shall provide a minimum level of lighting at least equivalent to that provided by night guard lights spaced at 300-foot intervals on a street.

f.

Adequate provisions for snow removal and storage areas shall be provided.

(7)

General requirements.

a.

All vehicle parking spaces and driveways shall be paved.

b.

Exposed ground surfaces in all other parts of a manufactured/mobile home park shall be covered with stone screening or other material or protected with a vegetative growth, either of which is capable of preventing soil erosion and eliminating objectionable dust.

c.

All manufactured/mobile home parks shall have at least one recreation area or open space accessible from all spaces, the cumulative size of which recreation area shall be not less than two and one-half percent of the gross manufactured/mobile home park area. Parks catering to family use would be expected to provide larger recreation areas and adequate playgrounds. It shall be landscaped as per plans approved as part of conditional use permit.

d.

When included, pedestrian ways shall have a minimum width of three feet and shall be appropriately surfaced.

e.

Water supply. An accessible, adequate, safe and potable supply of water for domestic purposes shall be provided to each manufactured/mobile home space. Such supply of water shall be in conformance to any applicable statutes and ordinances and any regulations of the Fernley Municipal Code and Nevada Revised Statutes.

f.

Sewage facilities. An adequate and safe sewer system shall be provided to each manufactured/mobile home space. Such sewer system shall be in conformance to any applicable statutes and ordinances and any regulations of the Fernley Municipal Code and Nevada Revised Statutes.

g.

Refuse and garbage. Storage, collection and disposal of garbage and refuse shall be in conformance to any applicable statutes and ordinances and any regulations of the Fernley Municipal Code and Nevada Revised Statutes.

h.

Fuel supply and storage. Installation of liquefied petroleum gas or fuel oil containers within a manufactured/mobile home park shall be in conformance to any applicable statutes and ordinances, any regulations of the Fernley Municipal Code and Nevada Revised Statutes and to the satisfaction of the chief of the North Lyon County Fire Protection District.

i.

Fire protection. In every manufactured/mobile home park there shall be installed and maintained fire hydrants and fire extinguishers of the number and size, in such locations, as may be required by the chief of the North Lyon County Fire Protection District.

j.

Fences. Manufactured/mobile home parks shall be fenced with a solid view-screening fence not more than six feet nor less than four feet in height around the entire boundary of the park.

(8)

Management. The holder of a valid city business license for the operation of a manufactured/mobile home park shall be responsible for compliance with this section and any other applicable ordinance or statute. He shall maintain the manufactured/mobile home park in a neat, orderly and sanitary, condition at all times. The license holder shall be responsible for maintaining a register of the occupants of the park, such register to indicate the following:

a.

The name and occupation of each occupant;

b.

The make, model and year of all motor vehicles and trailer coaches;

c.

The license number and year of license and owner of each trailer coach and motor vehicle parked or stored in the trailer coach park;

d.

The state issuing such licenses; and/or

e.

The dates of arrival and departure of each trailer coach.

(9)

Plan. A copy of the final approved plan for the manufactured/mobile home park shall be conspicuously posted on the site and the license holder shall be responsible for maintenance of the park as per the final approved plan.

(d)

Permits, licenses and fees.

(1)

All manufactured/mobile home parks shall obtain a permit issued by the city council.

(2)

Application for the permit shall be submitted to the city on forms supplied by that office and shall contain the information required. All such applications shall be accompanied by a permit fee based on total.

(3)

All manufactured/mobile home parks shall obtain those permits and licenses required by other city ordinances or state statutes.

(4)

Permits shall be posted in a prominent place of the applicable premises.

(e)

Location outside parks.

(1)

Parking any manufactured/mobile home outside a manufactured/mobile home park or a manufactured/mobile home subdivision, when the manufactured/mobile home is used for dwelling or sleeping purposes, is unlawful except as provided in this section.

(2)

Storage of manufactured/mobile homes is permitted only in the "I" (industrial) zoning district.

(3)

Storage of one occupied trailer on a duly licensed trailer sales lot is permitted to provide a caretaker for the premises but not in substitution of any other buildings required by this Code. The trailer must be connected to city sewer and water and all necessary fees must be paid.

(f)

Revocation of permit. Permits may be revoked by the city council, following reasonable notice and hearing, for failure to comply with the requirements of this section.

(g)

Commercial office prohibited. It is unlawful for any person to park, occupy or use a manufactured/mobile home as a commercial office.

(h)

Grandfathering. This section applies to those manufactured home subdivisions and manufactured home parks constructed after the effective date of this Title. This section does not apply to existing parks or resales of existing parks, except in the case of remodeling when that portion of the park being remodeled complies with this section

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

As used in this chapter, unless the context requires otherwise, the words and terms defined in this section shall have the meanings ascribed to them in this section.

TABLE 32.07.250-1 Definitions

State law governing medical marijuana dispensaries limits the number permitted to operate in the City of Fernley.

(a)

Applicability. This section applies to any medical marijuana dispensary.

(b)

Discretionary review. Administrative review is required.

(c)

Standards.

(1)

Permitted locations. Medical marijuana dispensaries shall only be located on parcels meeting all of the following criteria:

a.

Master plan land use designation of commercial; and

b.

Zoning classification of C2 (general commercial); and

c.

Having direct access to either U.S. Highway 95A or U.S. Highway 50A along the following corridor: heading north from the intersection of Sage Street and U.S. Highway 95A/U.S. Highway 50A to Main Street, then east on Main Street to the intersection of U.S. Highway 95A, U.S. Highway 50A, and Farm District Road, then north on U.S. Highway 95A to Interstate 80 (exit 48).

1.

Exception. Parcels not having direct access to U.S. Highway 95A may be considered provided the parcel is located within a radial distance of 750 feet of the centerline of the intersection of U.S. Highway 95A and Newlands Drive or the centerline of the intersection of U.S. Highway 95A and Chisholm Trail/Fremont Street.

(2)

The applicant must receive administrative review approval for this use prior to establishment and issuance of a business license.

(3)

Parking requirements shall be determined through the administrative review process.

(4)

Medical marijuana dispensaries shall not be located within 1,000 feet of a Nevada licensed substance abuse treatment center measured from the front door of the dispensary to the closest property line.

(5)

The medical marijuana dispensary must comply with the location criteria listed in state law.

(6)

A medical marijuana dispensary may not apply for a variance to reduce the minimum separation distances.

(7)

The maximum size of patient access area of a medical marijuana dispensary shall be 2,500 square feet. Patient access area is defined as the portion of the dispensary building accessible to persons with a medical marijuana card.

(8)

The medical marijuana dispensary must comply with the operating standards in state law.

(9)

The medical marijuana dispensary shall be located within a building complying with regulations in state law.

(10)

The medical marijuana dispensary shall be located in a permanent building that meets City of Fernley building and fire codes for a commercial building and shall not be located in a manufactured or mobile home, trailer, cargo container, motor vehicle or similar personal property.

(11)

The medical marijuana dispensary shall be required to connect to the city's water and wastewater utilities.

(12)

The dispensary must provide for secure delivery of marijuana or any other items associated with operations to the establishment, to the approval of city.

(13)

Loading and unloading of marijuana or any other items associated with operations shall only occur between the hours of 7:00 a.m. and 6:00 p.m.

(14)

A medical marijuana dispensary shall not be open to the public before or after the hours of 8:00 a.m. to 9:00 p.m.

(15)

Drive-through windows are not permitted.

(16)

The medical marijuana dispensary shall have a single secure customer entrance to the approval of city.

(17)

Marijuana remnants, marijuana-infused products, bi-products, and other waste material shall be disposed of in a safe, sanitary and secure manner, in a location and manner approved by both the State of Nevada and the city.

(18)

The applicant must provide a written public safety plan, subject to approval by the city, police chief, and fire chief. The plan shall include without limitation the installation of a video monitoring system which must, at a minimum:

a.

Allow for the transmission and storage, by digital or analog means, of a video feed which displays the interior and exterior of the medical marijuana establishment; and

b.

Be capable of being accessed remotely by a law enforcement agency in real-time upon request.

(19)

No marijuana shall be smoked, eaten or otherwise consumed on the premises of the medical marijuana dispensary. There shall be no outdoor seating area, vending machines nor loitering on the property.

(20)

No marijuana shall be displayed or kept in a medical marijuana dispensary so as to be visible from the outside of the premises.

(21)

An approved design review shall expire in 18 months from the date of issuance of the registration certificate issued by the state if it is not fully operational.

(22)

In the event, a medical marijuana dispensary loses its state issued certification or registration, any administrative review shall become null and void.

(23)

If a marijuana dispensary is closing, the manager of the establishment must notify the City of Fernley of the closing at least 15 days before the closure.

(d)

Retail sale of marijuana allowed. An approved medical marijuana dispensary may sell or dispense marijuana at retail as allowed by state laws if the medical marijuana dispensary is licensed or otherwise approved by the State of Nevada as a retail marijuana establishment and first obtains a retail marijuana license from the City of Fernley. The administrative review approval of the medical marijuana dispensary, and any conditions imposed in connection therewith, shall apply to any retail component of a medical marijuana dispensary.

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

State law governing medical marijuana cultivation, testing or production does not limit the number of establishments permitted to operate in the City of Fernley, however the City of Fernley has limited these uses to the industrial (I) zoning district provided the zoning is in conformance with the master plan land use designation of industrial.

(a)

Applicability. This section applies to any cultivation facility, testing laboratory or facility for production of edible marijuana or marijuana-infused products.

(b)

Standards.

(1)

Permitted locations. Medical marijuana cultivation, testing or production uses are limited to the industrial (I) zoning district provided the zoning is in conformance with the master plan land use designation of industrial.

(2)

The applicant must receive administrative review approval for this use prior to establishment.

(3)

Parking requirements shall be determined through the administrative review process.

(4)

In the event a medical marijuana cultivation facility, testing laboratory or facility for production of edible marijuana or marijuana-infused products loses its state issued certification or registration the administrative review shall be revoked.

(5)

The medical marijuana cultivation facility, testing laboratory or facility for production of edible marijuana or marijuana-infused products must comply with the location criteria listed in Nevada state laws.

(6)

The medical marijuana cultivation facility, testing laboratory or facility for production of edible marijuana or marijuana-infused products shall be located within a building complying with the regulations in state law.

(7)

The medical marijuana cultivation facility, testing laboratory or facility for production of edible marijuana or marijuana-infused products shall be located in a permanent building that meets City of Fernley building and fire codes for a commercial building, and shall not be located in a manufactured or mobile home, trailer, cargo container, motor vehicle or similar personal property.

(8)

The medical marijuana cultivation facility, testing laboratory or facility for production of edible marijuana or marijuana-infused products shall be required to connect to the city's water and wastewater utilities.

(9)

The medical marijuana cultivation facility, testing laboratory or facility for production of edible marijuana or marijuana-infused products must have restricted access to the site and building (e.g., gated, limited number of driveways, controlled entrance, etc.), subject to city approval.

(10)

The loading or unloading of marijuana or any other items associated with operations shall, if feasible, be within the building of the permitted medical marijuana cultivation facility, testing laboratory and production facility for production of edible marijuana or marijuana-infused products or have a secured area to the approval of city.

(11)

Loading and unloading of medical marijuana or any other items associated with operations shall only occur between the hours of 6:00 a.m. and 5:00 p.m.

(12)

Medical marijuana cultivation facility, testing laboratory or production facility for production of edible marijuana or marijuana-infused products must comply with the operating standards in state laws and regulations of the Nevada Department of Taxation.

(13)

Emission of dust, fumes, vapors or odors into the environment from the premise must comply with air quality regulations of the Nevada Division of Environmental Protection.

(14)

Marijuana remnants, marijuana-infused products, bi-products, and other waste material shall be disposed of in a safe, sanitary and secure manner, in a location and manner approved by both the State of Nevada and the City of Fernley.

(15)

The applicant must provide a written public safety plan, subject to approval by the city, police chief, and fire chief. The plan shall include without limitation the installation of a video monitoring system which must, at a minimum:

a.

Allow for the transmission and storage, by digital or analog means, of a video feed which displays the interior and exterior of the medical marijuana establishment; and

b.

Be capable of being accessed remotely by a law enforcement agency in real-time upon request.

(16)

No marijuana shall be smoked, eaten or otherwise consumed on the premises of the medical marijuana cultivation facility, testing laboratory or facility for production of edible marijuana or marijuana-infused products.

(17)

No marijuana shall be displayed or kept in a medical marijuana cultivation facility, testing laboratory and production facility of edible marijuana or marijuana-infused products so as to be visible from the outside of the premises.

(18)

An approved administrative review shall expire in 18 months from the date of issuance of the registration certificate issued by the state if it is not fully operational.

(19)

If a medical marijuana cultivation facility, testing laboratory or facility for the production of edible marijuana products or marijuana-infused products is closing, the manager of the establishment must notify the City of Fernley of the closing at least 15 days before the closure.

(c)

Retail sale of marijuana allowed. An approved medical marijuana cultivation facility, testing laboratory or facility for the production of edible marijuana products or marijuana-infused products may operate at retail if allowed by state law provided that the medical marijuana cultivation facility, testing laboratory or facility for the production of edible marijuana products or marijuana-infused products is licensed or otherwise approved by the State of Nevada as a retail marijuana establishment and first obtains a retail marijuana license from the City of Fernley. The administrative review approval of the medical marijuana cultivation facility, testing laboratory or facility for the production of edible marijuana products or marijuana-infused products, and any conditions imposed in connection therewith, shall apply to any retail component of the medical marijuana cultivation facility, testing laboratory or facility for the production of edible marijuana products or marijuana-infused products.

(d)

Prohibition. Except as otherwise provided in this chapter, sale of marijuana and marijuana products at retail is prohibited.

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

(a)

Applicability. The removal of minerals, earth, and other natural materials may be allowed in any district, by conditional use permit.

(b)

Standards. No conditional use permit is required to remove earth and other materials necessary and clearly incidental to the construction of a building on the premises from which material is removed.

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

(a)

Applicability. This section applies to any mini-warehouse or personal storage facilities.

(b)

Standards.

(1)

All mini-warehouse buildings shall be permanent structures built or assembled on-site.

(2)

The perimeter of the facility shall be screened by a solid (opaque) masonry wall.

(3)

A minimum of ten-foot-wide landscape buffer shall be provided along the entire side of the facility between any street or highway and the required wall. The landscaping shall include screening trees as required by chapter 32.09.

(4)

No more than one caretaker or guard residence shall be provided; however, no guard residence is required. No other residence is allowed.

(5)

No unit shall be occupied for any other use than for personal storage.

(6)

All storage shall be within an enclosed building except for the storage of recreational vehicles which shall be completely screened from view from surrounding properties and abutting streets at the first-floor level. Screening from an adjacent two-story building is not required.

(7)

The surface of the area to be used for outdoor storage shall be paved with a non-permeable material such as asphalt or concrete or, in the case of the storage of heavy equipment, covered with a material acceptable to the administrator which will control fugitive dust.

(8)

No business shall be conducted from or within a mini-warehouse unit. Retail or auction sale of stored items is prohibited. This prohibition does not apply to auction sale of abandoned items by the owner of the mini-warehouse business, as allowed by Nevada state law.

(9)

The commercial repair of motor vehicles, boats, trailers and other like vehicles shall be prohibited.

(10)

Production, fabrication, or assembly of products is prohibited.

(11)

Painting, the use of power tools, and the use of welding equipment or similar is prohibited within mini-warehouse unit, except for repair or maintenance to the unit by an employee of the mini-warehouse business.

(12)

Storage units shall not be used as a musical practice or recording space.

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

(a)

Applicability. This section applies to any mobile vendor including:

•

Mobile food vendor.

•

Mobile vending cart.

•

Mobile vending trailer.

•

Mobile vending vehicle.

•

Mobile vendor.

(b)

Standards for permanent vendors. Mobile vending is permitted on a permanent basis by complying with the following conditions:

(1)

Mobile vendors must have a City of Fernley business license.

(2)

Mobile vending activities may take place on commercial or industrial private property provided that the mobile vendor maintains a letter from the property owner or responsible person granting the mobile vendor permission to conduct business at that location. The letter must be made available upon request by the administrator. Mobile vending activities shall be prohibited on residentially zoned property.

(3)

Mobile vending activities shall not take place upon any highway, street, alley, sidewalk or city-owned or city-operated public parking lot, except when associated with a lawfully permitted special event.

(4)

Mobile vendors shall not transact business on a site for a period longer than four hours per day unless otherwise permitted by this section.

(5)

Mobile food vendors shall not locate within 300 feet of an establishment selling taxable food (as defined in NRS 372.284 as may be amended) during the establishment's hours of operation. This distance is measured from the closest point of the building of the food establishment to the mobile vendor.

(5)

Mobile vending activities which include any food sales shall not be conducted without a valid permit from the Nevada Division of Public and Behavioral Health.

(7)

Mobile vendors shall designate a legally permitted clean-out location for mobile vending vehicles, trailers or carts prior to issuance of a business license. Clean out shall only occur at the designated location.

(8)

Not more than one mobile vending vehicle, trailer or cart may be stored on residential property. Mobile vending vehicles, trailers or carts shall not exceed an unladen vehicle weight of 10,000 pounds or be more than 25 feet in length, except on parcels greater than two acres in size.

(9)

Mobile vendors shall not use residential property for stocking and loading food.

(10)

Mobile vendors shall not interfere with the circulation or parking of vehicles in the required parking area of any site.

(11)

Mobile vendors shall not interfere with the safe and convenient passage of pedestrians, obstruct any pedestrian walkway or reduce its clear width to less than four feet.

(12)

Mobile vendors shall provide a venue free from excessive noise. Mobile vendors shall not broadcast any music while stopped or parked.

(13)

Use of strobe lights or other similar devices aimed at directing attention to the mobile vending business is prohibited.

(14)

Mobile vendors shall keep setup sites free from trash, garbage or other refuse.

(15)

Mobile vendors shall provide appropriate trash receptacles for their customers' use. The receptacles shall move from place to place with the vendor and shall be emptied as necessary.

(16)

Mobile vendors operating as a caterer or conducting catering services for specific events shall not be subject to the provisions within this chapter.

(c)

Standards for temporary vendors.

(1)

Mobile vending may be permitted on a temporary basis by applying for a temporary use permit at least seven days prior to the proposed mobile vending, accompanied by an inspection fee as established by resolution of the city council.

(2)

The administrator may issue the temporary use permit subject to any conditions necessary to safeguard the public health, safety, and welfare, and may require a bond or other surety to guarantee that those conditions are met and that the site of the mobile vending is left in good condition when the mobile vending is over.

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

(a)

Applicability.

(1)

Outdoor processing includes, but is not limited to, "rock and concrete crushing or processing operation" which is a business engaged in the reduction of rocks and concrete demolition debris to smaller sizes useable as gravel, fill for construction, or similar commercial use. It does not include temporary construction-related activities that recycle materials from a site and processes those materials to be re-used on the site during redevelopment.

(b)

Standards.

(1)

Outdoor processing operations shall not be located within 500 feet of a residentially zoned property.

(2)

Outdoor crushing or processing establishment shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m., inclusive, and only on weekdays Monday through Friday, inclusive.

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

(a)

Applicability. This section applies to any outdoor storage use.

(b)

Standards.

(1)

The applicant must receive administrative review approval for this use.

(2)

In the C2 district the area to be used for outdoor storage shall be screened by a solid (opaque) wooden fence or masonry wall, or quality material of similar opacity; or of open-type construction (such as chain-link) with screening material acceptable to the administrator. The screen fence or wall shall be at least six feet in height, in order to screen the stored materials from view from public streets and, where appropriate, from neighboring property.

(3)

Stored materials may not be stacked or otherwise arranged above the height of the screen fence. If a vehicle, piece of equipment, or other individual stored item exceeds the height of the fence, it shall be stored at least 15 feet from any public way or residential property.

(4)

Storage of inoperable vehicles or operable heavy equipment or machinery shall comply with this section. However, parking areas for operable personal vehicles of customers and employees, and display areas for sales or rental of operable vehicles, are not considered outdoor storage.

(5)

The surface of the area to be used for outdoor storage shall be paved with a non-permeable material such as asphalt or concrete or, in the case of the storage of heavy equipment, covered with a material acceptable to the administrator which will control fugitive dust.

(6)

Outdoor storage is not allowed on a property that does not comply with the minimum requirements of chapter 32.09 (landscaping and screening). If the property does not comply with chapter 32.09 (landscaping and screening), a landscaping and irrigation plan must be submitted by the applicant and approved by the administrator prior to the issuance of a building permit for a screen fence for the outdoor storage area. Landscaping and irrigation as approved must be installed.

(7)

For a property within the flood hazard area, the administrator may approve alternative outdoor storage screening requirements as necessary to comply with floodplain management standards.

(8)

Shipping containers. Shipping containers may be permitted in any non-residential zoning district through the administrative review process, except in the PF zoning district.

a.

The number, location, and duration of the use shall be determined through the administrative review process.

b.

Shipping containers shall not be stacked vertically, except properly permitted businesses that sell, rent or lease shipping containers.

c.

Shipping containers shall solely be utilized for the storage of materials and goods in association with the permitted business.

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

(a)

Applicability. This section applies to any pawnbroker.

(b)

Standards.

(1)

No pawnbroker shall be situated within 1,000 feet of any PF zone.

a.

Public utility structures zoned PF do not apply to this restriction.

(2)

No pawnbroker shall be situated within 1,000 feet of an existing pawnbroker.

(3)

The above-stated distances shall be measured from parcel boundary to parcel boundary.

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

(a)

Applicability. This section applies to any recreational vehicle park.

(b)

Standards.

(1)

[Permitted.] Use permitted within the recreational vehicle park are:

a.

Recreational vehicles;

b.

Cabana, ramada or patio, and one detached storage room per recreational vehicle space;

1.

Community recreation buildings and facilities, laundry, car and trailer wash, battery charging station, water fill-up, boat or storage facilities serving the recreational vehicle park only; and/or

2.

Management offices are single-family dwellings or mobile homes used exclusively for living quarters by the operator or manager of the park.

(2)

Development requirements.

a.

Minimum overall area: five acres.

b.

Maximum building height: 35 feet.

c.

Minimum net space area per recreational vehicle space: 700 square feet.

d.

Minimum setback of any building or recreational vehicle from a bordering public street line: 15 feet.

e.

Minimum front setback from internal street: five feet.

f.

Minimum distance between recreational vehicle sides or side and end: 15 feet; between ends: ten feet.

(3)

General requirements.

a.

All vehicle parking spaces and driveways shall be paved.

b.

Exposed ground surfaces in all other parts of a recreational vehicle park shall be paved or covered with stone screening or other material or protected with a vegetative growth, any of which are capable of preventing soil erosion and eliminating objectionable dust.

c.

All recreational vehicle parks shall have at least one recreation area or open space accessible from all spaces, the cumulative size of which recreation area shall not at least two and one-half percent of the gross recreational vehicle park area. It shall be landscaped as per plans approved as part of conditional use permit.

d.

When included, pedestrian ways shall have a minimum width of four feet and shall be appropriately surfaced.

e.

Service facilities. All recreational vehicle parks shall provide sanitary stations for the discharge of vehicle retention tanks.

f.

An accessible, adequate, safe and potable water supply for domestic purposes shall be provided within 50 feet of each recreational vehicle space. The water supply shall conform to any applicable statutes and finances and any regulations of the Nevada Department of Environmental Protection.

g.

Sewage facilities. An adequate and safe sewer system shall be provided in each recreational vehicle park. The sewer system shall conform to any applicable statutes and ordinances and any regulations of the Nevada Department of Environmental Protection.

h.

Fuel supply and storage. Installation of liquefied petroleum gas or fuel oil containers within a recreational vehicle park is permitted.

i.

Fences. Recreational vehicle parks shall be fenced with a solid view-screening fence up to six feet and at least four feet in height around the entire boundary of the park.

j.

Plan. A copy of the final approval plan for the recreational vehicle park shall be conspicuously posted on the site and the license holder is responsible for maintenance of the park as per the final approved plan.

(c)

Duration.

(1)

It is unlawful for any person or corporation operating a recreational vehicle park to allow or permit a recreational vehicle to occupy any recreational vehicle park for a period of more than 25 consecutive days.

(2)

It is unlawful for any person or corporation operating a recreational vehicle park to allow or permit a recreational vehicle to occupy any recreational vehicle space at the same recreational vehicle park for more than 50 days during any three consecutive calendar months.

(d)

Location outside parks. Parking any recreational vehicle outside a recreational vehicle park, when the recreational vehicle is used for sleeping purposes, is unlawful except as provided in this chapter.

(e)

Commercial office prohibited. It is unlawful for any person to park, occupy or use a recreational vehicle as a commercial office.

(f)

Grandfathering. This section applies to those recreational vehicle parks constructed after the effective date of this title. This section does not apply to existing parks or resale of existing parks, except in the case of remodeling when that portion of the park being remodeled complies with this section.

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

Purpose: This section regulates the parking and storage of recreational vehicles, boats and trailers, including utility trailers. This section does not apply to recreational vehicle storage in conjunction with an approved mini-warehouse facility.

(a)

Applicability.

(1)

This section applies to any "recreational vehicle storage."

(2)

This section does not limit any deed restrictions, condominium regulations, or similar private limitations more restrictive than the regulations in this section.

(3)

If any requirement of this conflict with a state or county law concerning the licensing and regulation of recreational vehicles, boats or trailers, the state or county law governs.

(b)

General provisions.

(1)

Legal title to the recreational vehicle shall be in the name of a resident of the residence where the recreational vehicle is stored.

(2)

For the purposes of this section, a loaded trailer with recreational vehicles stored on a residential lot in a permitted storage area may count as one recreational vehicle, provided the trailer can be safely and legally operated on the street as loaded.

(c)

Storage. For planned developments consult the appropriate planned development standards for the specific regulations. In all other zoning districts used for residential purposes it is permissible to store a recreational vehicle subject to the following conditions:

(1)

Storage is permitted inside any enclosed structure which conforms to the zoning requirements where it is located.

(2)

Outside storage in the front yard is permitted provided:

a.

The total number of recreational vehicles in the front yard area does not exceed two.

b.

Storage is limited to the following areas within the front yard:

1.

Permitted driveways with an approved curb cut from the City of Fernley, provided the driveway has a surface of concrete, asphalt, and/or paving stones.

2.

The area between the driveway and the nearest side yard lot line provided the entire area underneath the vehicle has a surface of concrete, asphalt, paving stones or nine-sixteenth-inch (minimum size) gravel or drain rock. A weed barrier shall be installed prior to installation of any permeable surface.

3.

The area opposite the driveway located adjacent to the front wall of the main structure, within 12 feet of the side yard lot line and a minimum of 15 feet from the front property line, provided the entire area underneath the vehicle has a surface of paving stones or nine-sixteenth-inch (minimum size) gravel or drain rock. A weed barrier shall be installed prior to installation of any permeable surface.

c.

That the recreational vehicle is stored entirely on the owner's property in a safe and orderly manner and that vehicles stored on a driveway shall not be a hazard to people entering the driveway or to persons passing on the sidewalk.

d.

That the recreational vehicle is stored with the maximum clearance possible between the unit, including the tongue or hitch and the inside edge of any public sidewalk or street, but in no event may said clearance be less than one foot.

(3)

Outside storage of up to two recreational vehicles is permitted in the side yard or the rear yard. Additional recreational vehicles are permitted in the side yard or the rear yard if screened from public view with a six-foot high opaque fence or six-foot high landscaping providing comparable sight obstruction.

(d)

Prohibited uses. A recreational vehicle, boat or trailer must not be:

(1)

Permanently connected to sewer lines, water lines or electricity;

(2)

Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use;

(3)

Used for dwelling purposes, except as provided in this title; and

4.

Parked on a public street, alley or parking lot except as provided in this title.

(e)

Waiver of requirements. Owners or lessors of a residence on a lot of at least 12,000 square feet subject to the requirements of this section may apply for a permit waiving the location requirements set forth in this section in accordance with the following procedure:

(1)

An application for a permit may be filed with the planning department on a form provided by the department. The application must be accompanied by a processing fee.

(2)

A permit waiving one or more requirements may be issued by the administrator for the period of one year if, in the opinion of the administrator, the proposal will not be detrimental to the enjoyment of property by neighbors and the following conditions are satisfied:

a.

No more than two recreational vehicles may be parked within 20 feet of any property line;

b.

The owner or lessor of the property may not receive compensation for the storage of any recreational vehicle on the premises.

(3)

The administrator may renew a permit for an additional one-year period without additional fees upon receipt of an application to renew provided all conditions for issuance are met. The administrator may revoke a permit for violation of a condition of the permit by giving the permittee a ten-day written notice.

(4)

An applicant or permittee may appeal the administrator's decision to deny or revoke a permit by filing a written application for appeal to the city council as provided in this title.

(f)

Temporary use of recreational vehicle for dwelling purposes. It is unlawful to reside in a recreational vehicle within the city except as provided below:

(1)

A temporary use permit to reside in a recreational vehicle may be issued by the city if the following conditions have been met:

a.

The permittee owns the property on which the recreational vehicle is to be placed;

b.

The permittee has applied and been issued a permit to build a single-family dwelling for his own use on the property on which the recreational vehicle is to be placed; and

c.

The recreational vehicle is connected to water and sewer/septic facilities.

(2)

The following conditions apply:

a.

A temporary use permit may be issued for a period not to exceed one year and may be renewed only once for a period of six months;

b.

During the period that the temporary use permit is in effect, construction on the dwelling must be ongoing;

c.

The permittee must disconnect the recreational vehicle from all utilities, and discontinue using the recreational vehicle for residence purposes, when the permit expires or when the dwelling is complete, whichever comes first.

(g)

Temporary occupancy for the care of the infirm. One self-contained travel trailer or recreational vehicle may be temporarily occupied as a legal use when it is necessary for the care of an infirm resident on-site. This use is reserved for properties containing a permanent single-family dwelling occupied by either the infirm person or the person responsible for the care of the infirm person. The self-contained travel trailer or recreational vehicle may be occupied by either the infirm person or the person responsible for the care of the infirm person. Prior to the establishment of this use, the requirements of section 32.03.050.C., temporary use permit, must be satisfied. The temporary use permit application shall include a signed affidavit from a Nevada licensed physician identifying the need for such on-premises care. The temporary use permit must be renewed on an annual basis to ensure that the need for such on-premises care still exists. The travel trailer or recreational vehicle shall be located on the parcel to provide as much screening as practical from being viewed from the street. No discharge of any litter, sewage, effluent or other matter shall occur except into sanitary facilities designed to dispose of the material. Any temporary utility connections shall be to the satisfaction of the Nevada Division of Environmental Protection and the administrator.

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

Outdoor storage for a recycling plant requires administrative review.

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

Purpose: This section promotes and regulates renewable energy production used for private and utility generation of electricity.

(a)

Applicability. This section applies to any renewable energy production-utility or renewable energy production-private use.

(b)

Solar energy.

(1)

Private production. Any solar system and associated equipment are considered an accessory use and requires issuance of a building permit in order to install the equipment. The private solar system shall comply with the following standards:

a.

There are no restrictions on roof-mounted or building mounted solar systems.

b.

For ground mounted systems, the solar structure(s) including any associated components shall comply with the accessory structure side and rear yard setback requirements for structures over 200 square feet at five feet from side and rear property line and separation of ten feet from main permissive structure. Ground mounted solar structures shall not be located in front yard or exterior side yard setbacks. The maximum allowable total height is 12 feet from the ground.

c.

Any solar system can only be located on a parcel which has a primary structure, or it will be interpreted to be a renewable energy production-utility.

d.

The system shall conform to public utility standards. No solar system shall be operated until a net metering agreement has been made with the electrical utility company(s), and the utility company(s) has approved the proposed method of interconnection. This excludes the temporary testing period, not to exceed ten days. Off-grid systems are exempt from this requirement.

(2)

Utility production. Any utility production using a solar system and associated equipment requires a conditional use permit followed by issuance of a building permit prior to installation of the equipment. The utility production solar system shall comply with the following standards:

a.

Height. The total height of the tallest structure(s) and setbacks shall be established through the conditional use permit process.

b.

Fencing. Security fencing shall be placed around the perimeter of the utility solar production facility and associated equipment. The height and materials of the fence shall be determined with the conditional use permit process.

c.

Warning signs. Appropriate warning signs shall be placed on tower, electrical equipment and the utility solar production facility entrances.

d.

Misdirection of solar radiation. The utility solar production facility shall be designed and operated to prevent the misdirection of concentrated solar radiation onto nearby property, public roads or other areas accessible to the public.

e.

Cleaning chemicals and solvents. During the operation of the facility, all chemicals or solvents used to clean photovoltaic panels, mirrors or other equipment shall be approved by the city and environmental agencies.

f.

Roads and parking. On-site roads for the installation and operation of utility solar production facility shall be minimized and temporary roads shall be regraded and revegetated to natural condition upon completion of construction. All roads, access easements, driveways and parking lots shall be a hard surface to the approval by the administrator.

g.

Utility notification. The system shall conform to the utility standards. No solar energy system shall be operated until a net metering agreement or power purchase agreement has been made with the electrical utility company(s), and the utility company(s) has approved the proposed method of interconnection. This excludes the temporary testing period, not to exceed ten days. Off-grid systems are exempt from this requirement.

(c)

Wind energy conversion systems (WECS).

(1)

General standards.

a.

Access. All WECS must comply with the following provisions:

1.

The tower shall be designed and installed so that there are no exterior steps, bolts or ladder on the tower readily accessible to the public for a minimum height of 15 feet above the ground. For lattice or guyed towers, sheets of metal or other barriers shall be fastened to the bottom tower sections such that it cannot readily be climbed; and

2.

All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

b.

Rotor safety. Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. The minimum distance between the ground and any protruding blades on WECS shall be 15 feet as measured at the lowest point of the arc of the blades of horizontal shaft and ten feet as measured at the lowest point of wind machine with a vertical shaft.

c.

Noise. All WECS shall comply with the noise requirements in this section. These levels, however, may be exceeded during short-term events such as utility outages and severe windstorms (as defined by manufacture specifications). A manufacturer's sound report stating tested noise levels is required with a building permit application. No WECS at installation shall create noise that exceeds a maximum of 60 dB(A), or in excess of five dB(A) above the background noise as depicted in the manufacturer's specifications, whichever is greater, as measured at the property line. This level, however, may be exceeded during short-term events such as utility outages and severe windstorms.

d.

Appearance and maintenance. All WECS shall comply with the following requirements:

1.

Appearance. WECS shall, subject to any applicable standards of the FAA, be of non-reflective, non-obtrusive color: galvanized, off-white, light silver, tan, gray, sand or similar are permitted. The painting or coating shall be kept in good repair for the life of the WECS. Monopole design is required, unless the administrator finds that monopole structures are not reasonably available in the marketplace, a different design is required by a Nevada or federal agency, or the applicant obtains a variance.

2.

Maintenance. WECS shall be maintained in good repair, as recommended by the manufacture's scheduled maintenance or industrial standards and shall be free from visible rust.

3.

Repair and removal. The owner shall repair any WECS found to be unsafe by an official of the building and safety department to meet federal, state and local safety standards, or be removed within six months. The owner shall remove WECS that are not operated for a continuous period of six months. When WECS is removed from the site all associated and ancillary equipment, batteries, devices, structures or supports for that system shall also be removed. For purposes of this section, non-operation includes, but is not limited to, the blades of the WECS remaining stationary so that wind resources are not being converted into electric or mechanical energy, or WECS are no longer connected to the public utility electricity distribution system.

e.

Lighting. WECS towers and/or blades shall not be artificially lit unless required, in writing, by the Federal Aviation Administration (FAA) or other applicable authority that regulates air safety.

f.

Signs. The only sign allowed on WECS shall be a logo on the generator housing or pole. The logos shall not exceed eight square inches.

g.

Utility notification. The system shall conform to the utility standards. No WECS shall be operated until a net metering agreement or power purchase agreement has been made with the electrical utility company(s), and the utility company(s) has approved the proposed method of interconnection. This excludes the temporary testing period, not to exceed ten days. Off-grid systems shall be exempt from this requirement.

(2)

Wind energy conversion systems (WECS), private. The following standards apply to private WECS:

a.

Setbacks.

1.

For private WECS, a minimum side and rear setback of 15 feet for WECS up to 40 feet in total height, 25-foot side and rear setback for WECS with total height of 40 to 60 feet and a minimum of 1.1 times the total height side and rear setback for WECS over 60 feet shall be maintained from the project property line.

2.

Guy wire anchors may not extend closer than ten feet from the property line.

3.

Private WECS shall not be located within the front yard setback of any parcel of land nor within the exterior side yard setback facing a street on a corner parcel of land and shall be placed minimum of ten feet from main structure.

b.

Height. For private WECS, the maximum total height shall be highest point of any structure on the site plus 20 feet.

c.

Electrical wires. Electrical wires leading from the tower to electrical control facilities shall be located underground.

d.

Building mounted. Attachments of the WECS to a building shall strictly comply with the City of Fernley's codes and regulations.

e.

Number per parcel. A maximum of one WECS per parcel is permitted on parcels less than one-half acre in size. Up to one WECS per one-half acre is permitted on parcels greater than one acre in size for renewable energy production—private.

f.

A WECS is allowed only on a parcel which has a primary structure. Otherwise, it will be considered a renewable energy production-utility.

(3)

Wind energy conversion systems (WECS), utility. The following are the standards for installation of utility WECS:

a.

A setback of one and one-half times the total height, including the uppermost extension of any blades, shall be maintained from the property line of any residential use properties.

b.

For utility WECS, at least one time the total height, including the uppermost extension of any blades, shall be maintained from the property line of any nonresidential use properties.

c.

Guy wire anchors may not extend closer than ten feet from the property line.

d.

For utility WECS, the maximum height shall be established as a condition of a conditional use permit.

(d)

Geothermal resources.

(1)

Required permits. All geothermal development shall obtain all necessary permits from the Nevada Department of Minerals, the Nevada Division of Environmental Protection, the Nevada Division of Water Resources, and if the geothermal development is located an any federal lands, the U.S. Bureau of Land Management, Bureau of Reclamation or U.S. Forest Service prior to the issuance of any building permits for the project. A city building permit is required.

(2)

Geothermal gradient and exploration/development test wells. The following provisions apply to the location and development of geothermal temperature gradient and exploration/development test wells.

a.

Fluid or steam production. No fluid or steam shall be used for energy production from the geothermal temperature gradient and exploration/development test well(s).

b.

Proximity to water wells. Geothermal temperature gradient and exploration/development test wells shall be situated with a minimum separation of 500 feet from any adjacent private domestic well(s) or state permitted municipal and industrial or quasi-municipal and industrial purpose well(s) unless a monitoring well is required by another permitting agency.

c.

Reclamation of site. Upon abandonment, in accordance with the Nevada Department of Mineral requirements, the temperature gradient and exploration/development well pad site shall be revegetated and returned to approximately its original condition.

d.

Conditional use permit. All geothermal temperature gradient and exploration/development well projects within 500 feet of a residential district require a conditional use permit.

(3)

Geothermal direct use wells for private energy production. This section applies to the location and development of geothermal direct use wells for domestic, residential, utility or industrial space heating and food dehydration application, and all related wellfield gathering systems.

a.

Proximity to water wells. Geothermal direct use wells shall be situated with a minimum separation of 500 feet from any adjacent private domestic well(s) or state permitted municipal and industrial or quasi-municipal and industrial purpose well(s) unless a monitoring well is required by another permitting agency.

b.

Reclamation of site. Upon abandonment, in accordance with the Nevada Department of Mineral requirements, the geothermal direct use well site shall be revegetated and returned to approximately its original condition.

c.

Minimum standards.

1.

Visual appearance. Placement of facilities on peaks, ridgelines, bluffs and other prominent topographic features as viewed from the property line shall be minimized to reduce the impact on the visual character of the surrounding area.

2.

Height. Maximum height for all facilities associated with the geothermal direct well shall comply with the height standards for the property's zoning district.

3.

Landscaping and screening. Landscaping and /or opaque screening with a minimum height of six feet shall be placed around the immediate perimeter of all geothermal direct use wells and all related heat transfer structures.

4.

Noise. All geothermal direct use wells and all related heat transfer structures shall not emit noise levels in excess 60 dBA measured at the property line in residential use and 65 dBA measured at the property line in non-residential use parcels. Acoustical shielding is required for all wellheads and equipment if needed to comply with this standard.

5.

Air quality. All geothermal direct use wells and all related heat transfer structures shall not violate federal or state air quality standards.

6.

Any geothermal system can only be located on a parcel which has a primary structure. Otherwise, it is considered a renewable energy production-utility.

(4)

Geothermal wellfield gathering systems and power generation facilities for utility energy production. The following provisions apply to geothermal wellfield gathering systems and related power generation facilities. This includes the use of fluid or steam for energy production from any geothermal well(s).

a.

Conditional use permit. All utility geothermal wellfield gathering systems and power generation facilities require a conditional use permit.

b.

Proximity to water wells. Geothermal wellfield gathering systems and power generation facilities shall be situated with a minimum separation of 500 feet from any adjacent private domestic well(s) or state permitted municipal and industrial or quasi-municipal and industrial purpose well(s) unless a monitoring well is required by another permitting agency.

c.

Reclamation of site. Upon abandonment, in accordance with the Nevada Department of Mineral requirements, the geothermal wellfield gathering systems and power generation facilities site shall be revegetated and returned to approximately its original condition.

d.

Visual appearance. Placement of facilities on peaks, ridgelines, bluffs and other prominent topographic features as viewed from the property line shall be minimized to reduce the impact on the visual character of the surrounding area.

e.

Height. Maximum height for all facilities associated with the geothermal direct well shall comply with the height standards for the property's zoning district.

f.

Landscaping and screening. Landscaping and/or opaque screening with a minimum height of six feet shall be placed around the immediate perimeter of all geothermal direct use wells and all related heat transfer structures.

g.

Noise. All geothermal direct use wells and all related heat transfer structures shall not emit noise levels in excess 55 dBA measured at the property line in residential use parcels and 65 dBA measured at the property line in non-residential use parcels. Acoustical shielding is required for all wellheads and equipment where needed to comply with this standard.

(e)

Other resources. All renewable energy production systems not identified in this section require a conditional use permit for utility and private production. For systems combining more than one of the identified renewable resources, the standards for each renewable energy production system standards apply.

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

(a)

Applicability. This section applies to any restaurant.

(b)

Standards.

(1)

In the "I" (industrial) and "EC" (employment center) zoning districts, a restaurant may only operate between the hours of 6:00 a.m. and midnight. Longer hours of operation require a conditional use permit.

(2)

In the commercial ("MU, C1 and C2") districts, a restaurant that is contiguous or within 100 feet of an SF or MF district may operate only between the hours of 6:00 a.m. and midnight. This restriction may be waived by conditional use permit.

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

Purpose: This section protects the public health, safety and general welfare of city residents by standardizing the development standards for schools. The objectives of these standards are: 1) well-designed schools; 2) to mitigate the impacts of schools next to residential uses; 3) promote consistency; 4) provide an appropriate number of parking spaces and 5) provide flexibility in landscaping areas.

(a)

Applicability. This section applies to the new construction of any new school (public or private).

(b)

Standards.

(1)

The city's review of school projects will consider the following criteria during the administrative review process:

a.

Building setbacks;

b.

Landscaping; and

c.

Parking.

(2)

Site standards. The following standards deal with the erection of any new school building, and the addition or alteration of an existing school building:

a.

Building height. There are no restrictions on the building height of a school.

b.

Purpose. Having no minimum or maximum height requirements provides for the flexibility to build unique facilities consistent with the character of the neighboring community. In the future schools in the urban core may have a smaller footprint and be two or more stories in height. Depending on the type of school and the amenities it offers, the height will need to vary.

c.

Building setbacks. One-foot distance for every foot in height when adjacent to residential uses. The one-foot requirement does apply only to those elevations adjacent to residential uses. Each elevation will determine the amount of setback, for instance a 25-foot front facing elevation will require a 25-foot setback in the front, a 30-foot side elevation will require a 30-foot setback on that side, and that same building that has a rear facing elevation adjacent to a use other than residential will have no setback requirement.

d.

Landscaping. Up to 20 percent of the site. Landscaping details will be determined based on type of school, community character, and site specifics such as slope and soil quality. These details will be determined during a pre-application meeting with the city and LCSD.

e.

Parking. Shall be in accordance with Fernley Municipal Code Chapter 32.09. This is a minimum standard and also presumes all relevant Americans with Disabilities Act (ADA) and American National Standards Institute (ANSI) requirements will be met.

(c)

Review. Administrative approval (standard code and administrative review) applies.

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

(a)

Applicability. This section applies to any use which stores, or processes chemicals designated by the State of Nevada as Hazardous.

(b)

Standards. Any applicant with the desire to store or process chemicals designated by the State of Nevada to be hazardous shall obtain a conditional use permit through the City of Fernley prior to establishing this use.

(c)

In order to protect the public health, safety and general welfare of city residents and surrounding businesses, the administrator shall work with the City of Fernley Building Department, fire department, and other necessary agencies to determine the appropriate setback and mitigation required for the proposed use from surrounding uses based on the types and amounts of hazardous materials.

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

(a)

Applicability. This section applies to any breweries, craft distilleries, and/or wine makers that make and/or manufacture intoxicating liquors on the premises of the establishment.

(b)

Products may be sold at retail to the public for on-site consumption (tasting) and/or for off-site consumption.

(c)

Use may be in conjunction with another commercial use type, such as a full service eating and drinking establishment.

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

(a)

Applicability.

(1)

This section applies to:

a.

Christmas tree sales;

b.

Construction yard;

c.

Farmer's market;

d.

Garage and yard sales;

e.

Outdoor sales;

f.

Model home complex;

g.

Temporary sales office trailer; and

h.

Any temporary use not previously listed.

(2)

Portable storage containers in conformance with chapter 32.09 of this title.

(3)

For temporary uses requiring a temporary use permit, additional standards may be applied to the permit by the administrator.

(b)

Christmas tree sales.

(1)

Outdoor sale of Christmas trees in connection with an established commercial use is permitted subject to the following standards, but a temporary use permit is not required.

a.

The operation be located in a C1, C2, MU, TC, EC, I or PF zoning district;

b.

The operation shall not obstruct any pedestrian walkway or interfere with vehicle circulation or parking required for adjacent uses;

c.

At the termination of the operation, the site shall be cleared of all paraphernalia associated with the sale, as well as any dirt or litter;

d.

Shall not exceed operation between November 1 and December 31; and

e.

The operation shall not create conditions which are detrimental to the public health, safety or welfare.

(2)

Outdoor sale of Christmas trees not in connection with an established commercial use may be permitted subject to the following conditions:

a.

A temporary use permit is required to establish the outdoor sales;

b.

The operator shall obtain a city business license which will not be issued without written permission of the property owner or his agent;

c.

The operation be located in a C1, C2, MU, TC, EC, I or PF zoning district;

d.

The operation shall not obstruct any pedestrian walkway or interfere with vehicle circulation or parking required for adjacent uses;

e.

At the termination of the operation, the site shall be cleared of all paraphernalia associated with the sale, as well as any dirt or litter;

f.

Shall not exceed operation between the November 1 and December 31; and

g.

The operation shall not create conditions which are detrimental to the public health, safety or welfare.

(c)

Construction yard.

(1)

Applicability. This section applies to any construction yard.

(2)

Establishment. Proposed construction yards shall be associated to a specific project with an approved building permit issued for grading, construction, remodel and/or demolition.

(3)

Supervision. Construction yards shall be supervised by a contractor, who shall enforce compliance with these standards. The contractor is responsible for compliance of the construction yard with all applicable codes. The contractor shall designate to the administrator a project contact person responsible/authorized to correct problems regarding the project on a 24-hour/seven-days a week basis which is on file with the administrator. This shall occur prior to issuance of a grading permit for the project. An informational sign shall be erected at the construction yard site depicting a project contact responsible for compliance with all applicable codes.

(4)

Removal. Construction yards shall be removed prior to a final inspection of the last building in a non-residential project and for the last structure in a residential project or final approval for the project.

(5)

Access. The contractor shall be required to provide curb cuts for all egress/ingress areas onto a paved street.

(6)

Surfacing. To prevent mud/dirt from transferring from trucks, vehicles and equipment onto the paved street, the contractor shall install pavement or a surface treatment at all egress/ingress points from the yard at least 50 feet to the street access to the approval of the administrator.

(7)

Hours of operation. To prevent impacts to neighboring property, hours of operation are limited to Monday through Friday from the hour of 7:00 a.m. to 7:00 p.m., Saturday 9:00 a.m. to 5:00 p.m., and no operations are permitted on Sunday.

(8)

Fencing. The developer shall construct a fence around the construction yard that is higher than six feet and use barbed wire or concertina wire on the top of the fence with the approval of the administrator.

(d)

Farmers market.

(1)

A temporary use permit is required.

(2)

A business license is required.

(3)

The farmer's market shall not disrupt the flow of traffic or parking on the site.

(4)

Illumination outside of what is otherwise permitted by this title shall not be permitted.

(5)

Trash receptacles shall be provided and maintained throughout the duration of the event.

(e)

Garage or yard sales.

(1)

A garage or yard sale on residential property is permitted without a temporary use permit subject to the following conditions:

a.

The sale may not exceed 72 hours and may not occur in the same location more than twice in any six-month period.

b.

The sale or advertisement for the sale shall not occupy any public property or right-of-way or obstruct the passage of pedestrians or vehicles on any public sidewalk or street.

(f)

Outdoor sales (not accessory). Outdoor sale of goods not in connection with an established business is permitted under the following conditions:

(1)

A temporary use permit is required to establish such outdoor sales;

(2)

The outdoor sale is allowed only in a nonresidential district within an established commercial development providing adequate parking and sanitary facilities;

(3)

The operator shall obtain a city business license, which will not be issued without written permission of the property owner or his agent;

(4)

The outdoor sale shall not obstruct any pedestrian walkway or reduce its clear width to less than eight feet;

(5)

The outdoor sale shall not interfere with vehicle circulation or parking in any required parking area;

(6)

The duration of the outdoor sale shall not exceed 72 hours and no further outdoor sales may be conducted at the same site more often than once every 96 hours;

(7)

At the termination of the outdoor sale the area occupied by the sale shall be completely cleared of all paraphernalia associated with the operation, as well as any dirt or litter;

(8)

The operation shall not create conditions which are detrimental to the public health, safety or welfare; and

(9)

As a temporary use permit condition, the administrator may require a bond or other surety to guarantee that those conditions are met and that the site of the outdoor sale is left in good condition when the sale is over, or use is terminated.

(g)

Model home complex.

(1)

Sales office hours of operation shall not exceed 10:00 a.m. to 7:00 p.m. weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays and Sundays.

(2)

Temporary sales office and model homes shall cease operation with the sale of the final home in the subdivision, at which time the temporary sales office will be vacated, and a building permit issued to return the former office to a garage, remove temporary trap fencing and model home signs. The model homes will then be sold as residential units.

(3)

A paved off-street parking lot shall be provided for the model home complex and accessible parking provided per Fernley Municipal Code Chapter 32.09. The off-street parking lot will terminate at the point in time which all the residential lots have been sold and the sales office is closed. The parking lot will be removed, and a residential structure constructed, if the parking lot is situated on a residential lot. If not a residential lot, then the lot shall be landscaped as open space or the other intended use as recorded on the final map and/or as indicated on the improvement plans for the development site.

(4)

The developer shall provide at least three paved, off-street parking spaces for each model home one of which is van accessible disabled parking to the approval of the administrator and prior to final inspection. The parking lot must comply with all requirements of chapter 32.09 and include striped parking spaces and signed identifying the van accessible parking space.

(5)

The model home lots will be completely landscaped as well as the area surrounding the off-street parking lot. The developer shall submit landscaping and irrigation plans for the project, including off-street parking lot area for review and approval by the administrator prior to issuance of building permit for the model home complex and off-street parking. The landscaping and irrigation shall be installed per the approved plans prior to final inspection for occupancy of the model home complex office and off-street parking lot.

(6)

Signs for the model homes shall include monument signs at the entrance of the temporary sales office and the entrance of each model home. The monument signs are temporary and will be removed when the conversion of the sales office to a garage is submitted to the city. Sign sizing shall be per Fernley Municipal Code and as approved by administrator. The sign locations shall comply with the standards in the chapter 32.10 (signs).

(7)

The developer shall limit all construction and construction-related activities to between the hours of 7:00 a.m. through 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturday. There shall be no construction related activities on Sundays in residential areas. The developer shall install signs at all access points to the project that clearly indicate these limited hours of activity on-site prior to the start of any construction-related activities. The developer shall maintain these signs in good repair for the duration of the construction of the project. Once construction is completed, the developer shall remove these signs.

(8)

The developer shall designate to the administrator a project contact person responsible/authorized to correct problems regarding the project on a 24-hour/seven-days a week basis. The developer shall designate the project contact person to the administrator prior to issuance of a grading permit for the project.

(9)

The developer shall apply for and receive approval of a building permit for improving the garage or other room in model home to the sales office and apply for and receive a building permit for the conversion of the sales office back into garage or room.

(10)

If the sales office is not converted back into a garage, there must be parking documented to the approval of the administrator that complies with chapter 32.09.

(h)

Shipping containers.

Purpose: The placement of shipping containers is a potential hazard to public safety and negatively affects the aesthetics of the property and the surrounding area. It is the purpose of this section to establish standards for the use and maintenance of shipping containers within all areas of the city to prevent safety hazards, disruptions of traffic, and disorderly or unsightly properties.

(1)

Accessory to commercial or industrial uses: The use of shipping containers within nonresidential zoning districts shall be considered outdoor storage and shall comply the requirements set forth in chapter 32.07 of this title.

(2)

Temporary use: A shipping container may be permitted in any residential zoning district as a temporary use for purposes of relocation of home or business, remodeling, or temporary storage of goods, equipment, or personal possessions, provided it meets the following criteria:

a.

Number of units. For parcels or lots one acre or less in size, a maximum of one shipping container shall be permitted. For parcels or lots greater than one acre in size, a maximum of three shipping containers shall be permitted.

b.

Placement/location. The following criteria shall apply to the location and placement of a shipping container:

1.

A shipping container shall be prohibited on a vacant parcel or lot.

2.

Shipping containers shall not be stacked.

3.

A shipping container shall be located a minimum of five feet from any property line and/or structure.

4.

No shipping container shall be placed on any portion of a roadway or upon any sidewalk, unless specifically approved by the administrator.

5.

All shipping containers shall be placed on a paved surface. Such paved surface must be a solid surface capable of preventing the growth of grass or weeds and capable of sustaining vehicle and foot traffic loads without the formation of muddy or soft conditions. These surfaces may include concrete, asphalt, gravel, paving stones, or other similar durable, non-biodegradable materials.

6.

A shipping container shall not be located within a required landscape area, buffer area, or easement.

7.

A shipping container shall not be located in a manner that impairs a motor vehicles operator's view of other vehicles, bicycle or pedestrian ways, entering or exiting a sidewalk or right-of-way, or in a manner that obstructs the flow of pedestrian or vehicular traffic.

c.

Duration.

1.

Shipping containers may remain on residential zoned lots or parcels for a maximum of 30 days during a calendar year.

(3)

Notwithstanding the foregoing, shipping containers shall be allowed in all zoning districts on a temporary basis provided a valid permit has been issued for any construction, grading operation or agricultural operation when utilized solely for the storage of supplies and equipment that are used for the construction, grading or agricultural operations on that site.

(i)

Temporary office trailer.

(1)

A temporary use permit is required.

(2)

The administrator may approve a temporary office trailer if there is an associated building permit in process at the city for a structure that will replace the temporary office trailer on the same development site. A temporary office trailer may be permitted for a public utility and transportation project where no building permit is required.

(3)

The temporary office trailer shall be removed at any time diligent progress to build the associated structure has ceased or prior to final inspection of the associated structure.

(4)

There shall be skirting around the temporary office trailer.

(5)

The temporary office trailer shall be located within the project's boundary/property lines and shall comply with the setback regulations for the zoning district to the approval of the administrator. The temporary office trailer shall not be placed in required parking spaces or access lanes.

(6)

A paved off-street parking lot shall be provided for the temporary office trailer and accessible parking provided per Fernley Municipal Code Chapter 32.09. The developer shall provide one parking space per 200 square feet of office space to the approval of the administrator prior to final inspection. The parking lot must comply with all requirements of the chapter 32.09, with striped and signed parking spaces identifying the van accessible parking space.

(7)

To prevent mud/dirt from transferring from trucks, vehicles and equipment onto paved streets, the contractor shall install pavement or a surface treatment at all egress/ingress points from the trailer at least 50 feet to the street access to the approval of the administrator.

(j)

For any use previously listed and/or any other temporary use permit not listed.

(1)

Where required, a temporary use permit application shall be submitted to the administrator at least seven days prior to the proposed temporary use accompanied by an inspection fee as established by resolution of the city council.

(2)

The administrator may issue a temporary use permit for a special event upon determining that:

a.

Ingress and egress to the property is sufficient for traffic and pedestrian safety, and emergency access.

b.

Plans for traffic control, refuse collection and the provisions of toilet facilities are adequate to safeguard the public health and welfare.

c.

Adequate parking is available to accommodate the special event. Such parking may include on-street parking and unpaved off-street parking.

d.

The use of the property for the special event will not be a nuisance or detriment to the surrounding area.

e.

The duration of the event will not exceed seven days including set-up before, and clean-up after, the event.

f.

Any sale of alcoholic beverages must comply with title 4 of this Code.

(3)

A person desiring to conduct a special event shall complete a temporary use permit application. The temporary use permit application shall also be signed by the owner of the property if he is not the same person as the applicant. No temporary use permit shall be accepted or reviewed until the applicant has first filed for a city business license under title 10 of this Code.

(4)

The administrator may issue the temporary use permit subject to any conditions necessary to safeguard the public health, safety and welfare, and may require a bond or other surety to guarantee that those conditions are met and that the site of the special event is left in good condition when the event is over.

(5)

In the event that the administrator denies a temporary use permit, the applicant may appeal to the city council as provided in chapter 32.03 of this title.

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

(a)

Applicability. This section applies to any title loan establishment.

(b)

Standards.

(1)

No title loan shall be situated within 1,000 feet of any PF zone.

a.

Public utility structures zoned PF do not apply to this restriction.

(2)

No title loan shall be situated within 1,000 feet of an existing title loan.

(3)

The above-stated distances shall be measured from parcel boundary to parcel boundary.

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

(a)

Standards.

(1)

A transfer station shall be located at least 500 feet from any residential zoning district.

(2)

The use shall be totally enclosed within a building, except as permitted under the recycling plant use.

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

(a)

Standards.

(1)

Minimum parcel size: ten acres.

(2)

Maximum number of motel/hotel rooms in the industrial (I) district is:

TABLE 32.07.440-1 - Ratio of Truck Parking Spaces to Motel/Hotel Rooms

(3)

Other subsidiary business activities may include scales, truck wash, tire repair and sales, vehicle/truck service and repair (see subsection (7) below), barber shop, bar, restaurant, showers, convenience store, retail, truckers lounge, motel/hotel (see subsection (2) above), mini-laundry, chain rental, gasoline and propane dispensing, and dump station among other possible uses allowed in the tourist commercial "TC" zoning district. Subsidiary business uses at travel centers shall comply with the following standards:

a.

A truck wash shall be designed with a water collection and recycling system;

b.

Vehicle service areas shall be completely enclosed;

c.

Service bays shall not open toward public rights-of-way; and

d.

At least four showers shall be provided at truck stops with more than 100 truck parking spaces.

(4)

The applicant shall furnish a traffic impact study and any necessary mitigation measures prepared by a qualified traffic consultant.

(5)

All commercial vehicle truck traffic accessing the site shall access the site via an arterial roadway.

(6)

In addition to designated commercial truck parking, off-street parking shall be provided at a rate equal to that which is required for each use comprising the travel center.

(7)

All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Parts, equipment, lubricants, fuels, tires or other materials used or discarded in any service or repair operations must be screened from adjoining roads and properties.

(8)

Outdoor storage shall be prohibited.

(9)

Adequate signage shall be provided to inform drivers of idling time restrictions. Truck parking spaces equipped with approved engine idle reduction technology or similar comprising of plug-in locations for trucks with sleepers and/or refrigeration to avoid idling engines are encouraged.

(10)

Additional location requirements shall include:

a.

The minimum distance from property zoned Mixed Use (MU) or any residentially zoned property shall be at least one-quarter mile (1,320 feet), measured from property line to property line;

b.

The business area of the travel center shall not exceed 2,500 feet from the right-of-way limits surrounding an interstate highway intersection, along the arterial to the property boundary of the primary parcel;

c.

The minimum distance between travel centers shall be 7,000 feet, measured from property line to property line; and

d.

The minimum distance from a recreational use and/or facility shall be 700 feet, measured from property line to property line.

e.

These locational criteria may be waived through approval of a conditional use permit.

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

(a)

Standards.

(1)

The facility must comply on an ongoing basis with all governmental licensing and applicable notification requirements.

(2)

The facility must be located on a parcel with minimum size of 6,500 square feet.

(3)

Indoor common area shall be provided on the basis of a minimum of 25 square feet per resident.

(4)

The facility shall not be established or modified in a manner that would make it inconsistent with the scale and architectural character of the neighborhood.

(5)

No signage, graphics, display, or other visual representation that is visible from a public street shall be used to identify the facility as a facility for transitional living for released offenders.

(6)

A facility may not be located closer than 1,500 feet (measured by means of the shortest distance from property line to property line) from another facility for transitional living for released offenders, a halfway house for recovering alcohol and drug abusers, residential facility for groups, religious assembly, school, day care facility, or city park.

(7)

There shall be no more than two live-in facility staff at the subject property.

(8)

The number of occupants within a facility for transitional living for released offenders shall not exceed the following occupancy standards:

a.

For the first bedroom (deemed to be the largest bedroom), a maximum of two adults (18 years of age or older).

b.

For each bedroom thereafter:

1.

A maximum of one adult, for bedrooms less than 100 square feet in area; and

2.

A maximum of two adults, for bedrooms 100 square feet in area or greater.

c.

Off-street parking requirement two spaces per unit plus one space per four residents.

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

(a)

Applicability. This section applies to any "vehicle sales" use.

(b)

Standards.

(1)

Outdoor display and storage areas for vehicles shall be paved with a non-permeable material such as asphalt or concrete and shall meet the standards of chapter 32.09 (parking and loading).

(2)

Off-street parking shall be provided for all customer and employee vehicles, and all sales and rental vehicles. Vehicles for sale or rent shall not be parked on the street at any time.

(3)

In the industrial ("I") district, an off-site vehicle storage lot is permitted and shall be located within 500 feet of the principal use.

(4)

Minor vehicle service is permitted. Service work areas shall be indoors.

(5)

Vehicle wash areas shall be designed with a water collection and recycling system and shall be screened from public view.

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

(a)

Applicability. This section applies to any vehicle towing and storage facility.

(b)

Standards.

(1)

Off-street storage areas shall be provided for all vehicles. Vehicles shall not be parked on a public right-of-way, including sidewalks, at any time.

(2)

Vehicle wrecking, salvage, and sales activities shall not be conducted at a vehicle towing and storage facility without a valid conditional use permit (metal waste salvage yard/junk yard/auto dismantler).

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

Purpose: This section establishes general guidelines for the design and location of wireless communications towers and antennas and small wireless facilities located on private property. The goals of this chapter are to: (1) protect residential areas and other land uses from potential adverse impacts of wireless communications towers and antennas or small wireless facilities; (2) encourage the location of wireless communications towers and antennas in non-residential areas; (3) minimize the total number of wireless communications towers and antennas throughout the community; (4) strongly encourage the joint use of new and existing wireless communications tower sites as a primary option rather than construction of additional single-use wireless communications towers and antennas; (5) encourage the location of wireless communications towers and antennas, and small wireless facilities, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage the configuration of wireless communications towers and antennas and small wireless facilities, to the extent possible, in a way that minimizes adverse visual impact through design, siting, landscape screening, and camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the health, safety, and welfare of the public relating to wireless communications towers and antennas and small wireless facilities; and (9) avoid potential harm or damage to people and adjacent properties from wireless communications tower failure or failure of poles or other structures associated with small wireless facilities through structural and engineering analysis and careful siting of wireless communications towers and antennas and small wireless facilities . In furtherance of these goals, the City of Fernley shall give due consideration to the City of Fernley Master Plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(a)

Applicability.

(1)

This section applies to any "wireless communication tower or antenna" and "small wireless facilities" located on private property.

(2)

New towers and antennas. All new small wireless facilities and wireless communication towers or antennas and associated equipment in the City of Fernley that are located on private property are subject to these regulations.

(b)

Exemptions.

(1)

Amateur radio station operators/receive only antennas. This section does not apply to any tower, or the installation of any antenna, that is under 70 feet in height and owned and operated by a federally licensed amateur radio station operator or used exclusively for receive only antennas.

(2)

Direct home satellite dishes. Subject to appropriate FCC regulations, this section does not apply to video programming signals from direct broadcast satellites, multichannel multipoint distribution providers and television broadcast stations.

(3)

Preexisting towers or antennas. Preexisting towers and preexisting antennas are not required to meet the requirements of this section, other than the requirements of subsections (c)(6), (8) and (14).

(4)

AM array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(5)

Any repair or maintenance of a wireless communication tower or antenna or small wireless facility.

(6)

City right-of-way. This chapter does not apply to the installation or operation of small wireless facilities in the city right-of-way.

(c)

General requirements for wireless communication towers and antennas.

(1)

Principal or accessory use. Wireless communication antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot does not preclude the installation of an antenna or tower on such lot.

(2)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with the City of Fernley zoning/or conditional use regulations, including, but not limited to, setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(3)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Fernley or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The administrator may share the information with other applicants applying for administrative approvals or conditional use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the City of Fernley. However, the administrator is not, by sharing the information, in anyway representing or warranting that any sites are available or suitable.

(4)

Modification of existing wireless communication towers and antennas. Any modification of such equipment that does not:

a.

Increase the height of the structure;

b.

Alter the profile of the structure;

c.

Increase the footprint of the facility; or

d.

Otherwise exceed the conditions of prior city approvals.

The applicant shall submit a modification letter to the administrator outlining the proposed changes with a set of plans for review and approval by the administrator prior to issuance of any building permit.

(5)

Aesthetics. Wireless communication towers and antennas shall meet the following requirements:

a.

Towers shall be constructed of steel, or other appropriate materials and either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or aesthetic requirements imposed by the administrator are painted a neutral color so as to reduce visual obtrusiveness.

b.

Towers and antennas shall be designed to minimize the physical and vis u al impact on the community, including the use of stealth or camouflaging siting techniques or other aesthetic requirements as imposed by the administrator.

c.

At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend them into the natural setting, surrounding buildings and site area.

d.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive.

(6)

Lighting. Towers shall not be artificial l y lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chose n must cause the least disturbance to the surrounding views.

(7)

State or federal requirements. All towers must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC), and any other agency of the state or federal government with the authority to regulate towers and antennas. If those standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring the towers and antennas into compliance with the revised standard s and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency or there is a written agreement between the city and the holder of the permit. Failure to bring towers and antennas into compliance with the revised standards and regulations constitute grounds for the removal of the tower or antenna at the owner's expense.

(8)

FCC notification requirements. Each applicant shall provide to the administrator prior to issuance of any building permit of an appropriate antenna/tower, written documentation confirming that the FCC has been notified of the location of the antenna/tower for inclusion in the FCC antenna registration database. A change in ownership or affiliation of the tower or any changes in collocation must be accompanied by verified documentation that the FCC and its antenna registration database have been notified of the change. Failure to timely provide the administrator with written documentation concerning FCC notification is grounds for removal of the tower or antenna.

(9)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a towers hall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City of Fernley concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the tower, the owner has 30 days to bring the tower into compliance with those standards. Failure to bring the tower into compliance within 30 days is grounds for the removal of the tower or antenna at the owner's expense.

(10)

Measurement. For purposes of measurement, tower setbacks and separation distances are calculated and applied to facilities irrespective of municipal and county jurisdictional boundaries.

(11)

Applicability of city zoning ordinances. Towers and antennas are regulated and permitted pursuant to this chapter and all other applicable zoning ordinances enacted in the City of Fernley.

(12)

Franchises. Owners and/or operators of towers or antennas shall identify all local backhaul networks to be used by the applicant.

(13)

Signs. No signs are allowed on an antenna or tower, except as required by law.

(14)

Business license. The applicant shall provide to the administrator all applicable City of Fernley business licensing fees or fees in lieu of a business license in accordance with title 10 of this Code. The failure or refusal to remit appropriate fees to the administrator shall constitute grounds to remove the applicant's tower or antennas.

(15)

Licensed professional. A licensed professional engineer, registered in the State of Nevada, must certify the tower can structurally accommodate the number of shared users proposed by the applicant.

(16)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the administrator or planning commission, that there is no existing tower, structure or alternative technology that can accommodate the applicant's proposed antenna or tower. An applicant shall submit information requested by the administrator related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(d)

Administrative review for new wireless communication antennas and towers.

(1)

General. The following provisions apply to the issuance of administrative review approvals for wireless communication antennas and towers.

a.

The administrator may approve the uses listed in this section.

b.

Each applicant shall file an application with the administrator providing the information set forth in the appendix A-11 to this title.

c.

The administrator shall review the application and determine if the proposed use complies with this title. Within 30 days after the application is received, the administrator shall determine whether the application is complete and send a written notice of the determination to the applicant. The administrator shall specify those parts of the application that are incomplete and shall indicate how they can be made complete. The administrator and the decision-making agency are not obligated to further review the application until the required information is provided.

d.

The administrator shall respond to each complete application that seeks approval to collocate facilities within 90 days after the filing of each application by either approving or denying the application, unless the applicant and administrator mutually agree to extend the deadline in writing. If an application seeks approval for construction of a new tower and antenna then the administrator shall respond within 150 days by either approving or denying the application, unless the applicant and administrator mutually agree to extend the deadline. If the administrator fails to timely respond within 60 days from deeming these timeframes, the application for the application wireless communication tower or antenna is deemed to be approved.

(2)

Administrative review applicability. The following uses may be approved by the administrator after conducting an administrative review:

a.

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any zoning districts.

b.

Locating antennas on existing structures or towers consistent with the following:

1.

Antennas on existing structures. Any antenna that is not attached to a tower may be approved by the Administrator as an accessory use to any zoning districts, if:

A.

The antenna and equipment is a new carrier.

B.

The antenna does not extend more than 20 feet above the highest point of the structure;

C.

The antenna complies with all applicable FCC and FAA regulations; and

D.

Complies with the aesthetics section of this chapter.

2.

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers takes precedence over the construction of new towers. This applies if:

A.

The antenna and equipment is a new carrier.

B.

The tower is modified or reconstructed to accommodate the collocation of an additional antenna is of the same tower type as the existing tower, unless the administrator allows reconstruction as a monopole.

C.

Height.

i.

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

ii.

The additional height referred to above does not require an additional distance separation as set forth in this title. The tower's pre-modification height is used to calculate the distance separations.

D.

On-site location.

i.

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.

ii.

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

iii.

A cellular tower on wheels (C.O.W.) may be used during construction.

(3)

Locational requirements. Locating any new tower in any zoning district, if:

a.

Setbacks. The following setback requirements apply to all towers.

1.

Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

2.

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

b.

Height. The tower meets the following height and usage criteria:

1.

For a single user, up to 90 feet in height;

2.

For two users, up to 120 feet in height; and

3.

For three or more users, up to 150 feet in height.

c.

Separation. The following separation requirements apply to all towers and antennas.

1.

Separation from off-site uses/designated areas. Tower separation is measured from the base of the tower to the lot line of the off-site uses and/ or designated areas as specified in Table 32.07.480-1: Designated separation distance, except as otherwise provided table: designated separation distance.

TABLE 32.07.480-1 - Designated Separation Distance by Use

*

Separation measured from base of tower to closest property line of off-site use.

2.

Separation distances between towers. Separation distances between towers apply to and are measured between the proposed tower and existing towers. The separation distances are measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) are as shown in the table: Distance separation between existing tower by types.

TABLE 32.07.480-2 - Distance Separations between Existing Towers-Types (in feet)

d.

Security fencing. Towers shall be enclosed by security fencing at least six feet in height and shall also be equipped with an appropriate anti-climbing device.

e.

Landscaping. The following requirements govern the landscaping surrounding towers. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residentially zoned properties as reviewed and approved by the administrator. The standard buffer shall consist of a landscaped strip at least ten feet wide outside the perimeter of the compound. The administrator may exempt the landscaping requirement.

f.

Buildings or other equipment storage.

1.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

A.

The cabinet or structure may contain up to 500 square feet of gross floor area and be up to 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, shall either be screened from view to the satisfaction of the administrator or shall not be located on the roof-structure.

B.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

2.

Antennas located on towers. The related unmanned equipment structure may contain up to 500 square feet of gross floor area or 10 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

3.

Building design standards. The equipment and antennas to be installed on an existing building shall incorporate designs that minimize the visual impacts through design, including siting considerations, screening with substantial improvements to the building or innovative camouflaging techniques to the approval of the administrator.

(e)

Conditional use permit for wireless communication towers and antennas.

(1)

General. The following provisions govern the issuance of conditional use permits for wireless communication towers or antennas:

a.

If the tower or antenna cannot comply with the standards listed in the administrative review section of this title, an applicant may apply for a conditional use permit which may be considered by the planning commission.

b.

Applications for conditional use permits under this section are subject to the procedures and requirements of chapter 32.03 except as modified in this section.

(2)

Additional conditional use permit findings.

a.

Factors considered in granting conditional use permits for wireless communication towers and antennas. In addition to any findings for consideration of conditional use permit applications pursuant to chapter 32.03 of this Code, the planning commission shall consider the following factors in determining whether to issue a conditional use permit.

1.

Height of the proposed tower;

2.

Proximity of the tower to residential structures and residential district boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.

Proposed ingress and egress; and

8.

Availability of suitable existing towers, other structures, or alternative technologies not re quiring the use of towers or structures.

(f)

Small wireless facilities located on private property or easements.

(1)

General. The following provisions apply to issuance of building permits for small wireless facilities and associated equipment on private property or easements.

a.

Each installation will be reviewed through the building permit process for conformance with this chapter and all applicable building and construction standards.

b.

The administrator shall evaluate the completeness of an application to install and operate a small wireless facility, including construction of a new pole for the purpose of installing and operating small wireless facilities, within ten days after receipt of the building permit application. If an application is deemed incomplete, the administrator shall provide written notice that the application is incomplete and a summary of the missing documentation or information. Any notice that an application is incomplete will toll the applicable deadline for city action until the missing documentation or information is supplemented. The administrator shall respond to each complete small wireless facility's building permit application that seeks to collocate small wireless facilities on an existing pole or structure within 60 days after the filing of the building permit application by either approving or denying the application, unless the applicant and administrator mutually agree to extend the deadline for city action. For any applications seeking approval to construct a new pole or structure for the purpose of operating or attaching small wireless facilities, the administrator shall respond to each complete application within 90 days after the filing of the building permit application, unless the applicant and administrator mutually agree to extend the deadline for city action. If an applicant submits multiple batched applications on the same day that include applications for the construction of new poles or structures and applications for collocation on existing structures, then the administrator shall respond to each complete application within 90 days, unless the applicant and administrator mutually agree to extend the deadline for city action. If an applicant submits multiple batched applications on the same day that include applications for the construction of new poles or structures and applications for collocation on existing structures, then the administrator shall respond to each complete application within 90 days, unless the applicant and administrator mutually agree to extend the deadline for city action.

c.

An applicant considering attaching small wireless facilities to an existing pole or structure that is not owned or controlled by the City of Fernley shall provide documentation demonstrating that it has authority to attach small wireless facilities to the existing pole or structure.

d.

Carrier shall be responsible for obtaining access and connection to electrical power and fiber optic lines or other backhaul solutions that may be required for the operation of its small wireless facilities.

e.

Carrier shall, at its own cost and expense, install the small wireless facilities or poles in a good and workmanlike manner and in accordance with the requirement promulgated by the administrator, as such may be amended from time to time. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the small wireless facilities or poles shall be in compliance with all laws, ordinances, codes, standards, rules, and regulations ("laws").

f.

Carrier shall post its name, location identifying information, and emergency contact telephone number in an area on the cabinet or other exterior portion of the small wireless facility that may be visible to the public. Sign age required under this section shall not exceed four inches by six inches in size, unless otherwise required by direction of the administrator or by law.

g.

Except as required by law, the carrier shall not post any other signage or advertising on its small wireless facilities or any supporting pole or structure.

2.

Aesthetics.

a.

Small wireless facilities equipment to be installed on an existing pole or structure shall be concealed or enclosed as much as is technologically feasible in an equipment box, cabinet or other unit that may include ventilation openings. External cables and wires shall be sheathed, placed inside the pole, or enclosed in a metal conduit so that the wires are protected and not visible or visually minimized to the maximum extent possible. For new pole or structure installation, all wiring shall be enclosed, to the extent possible, within the pole/structure, equipment box, cabinet or other unit that may include ventilation openings. The preferred location for any ground equipment shall be in an underground vault to the extent it is reasonably feasible from a technical, construction, engineering and design perspective, but if any equipment must be placed above ground it shall be a color or material to match the surrounding area and ensure that it allows for necessary pedestrian access as required under the Americans with Disabilities Act, including the maintenance of a minimum 48 inches walking space.

b.

To the extent technically feasible, antennas and associated equipment located on a pole structure shall be installed within a camouflaged facility to the approval by the administrator. Camouflaging may include hiding the antennas by use of radome or other similar concealed designs and matching colors or materials to the surrounding area.

c.

The maximum height of any new pole or structure shall be 45 feet, including antennas and any other appurtenances.

d.

When a supporting pole or structure bearing a small wireless communication facility is replaced, the carrier shall, to the extent technically feasible, install camouflaged poles or supporting structures, small wireless facilities, and/or ground equipment in compliance with the city's adopted aesthetics standards, unless otherwise approved by administrator.

e.

Any ground equipment may be mounted on a concrete pad that must be flush with grade or more than six-inch above grade.

f.

The total size of small wireless communications facilities installed on a pole or structure shall not exceed 28 cubic feet, unless otherwise approved by the administrator.

(3)

Placement.

a.

Small wireless facilities on a pole or other vertical structure shall be installed at least eight feet above the ground.

b.

Small wireless facilities, including antennas, ground equipment, and other appurtenances, shall be placed so as to not impede pedestrian or vehicular traffic in the right-of-way. Generators or back-up generators shall not be installed without the prior approval of administrator.

c.

The preferred placement of ground equipment shall be in an underground vault if it is reasonable from a technical, construction, engineering and design perspective. If the equipment cannot be placed underground, the ground equipment shall be placed a minimum of six feet from the pole or supporting structure and shall not impede pedestrian or vehicular traffic in the right-of-way.

d.

The distance between small wireless facilities shall be a minimum of 150 feet measured radially from the center of each facility's pole or supporting structure, unless a shorter separation distance is approved by the administrator.

(g)

Removal of abandoned wireless communication antennas and towers and small wireless facilities. Any wireless communication antenna or tower or small wireless facilities that are not operated for a continuous period of 180 days is considered abandoned, and the owner of the antenna or tower shall remove it within 90 days of receipt of notice from the City of Fernley notifying the owner of the abandonment. Failure to timely remove an abandoned antenna or tower or small wireless facilities is grounds for the city to remove the tower or antenna or small wireless facilities at the owner's expense. If there are two or more users of a single tower, this provision does not become effective until all users cease utilization of the tower.

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

This section:

•

Allows residents access to healthy, local food;

•

Accommodates a growing demand nationwide for small scale agricultural activities in residential neighborhoods;

•

Clarifies that the limited agricultural production is allowed as an accessory use to residential uses, or as a primary use in residential neighborhoods;

•

Establishes standards to ensure that neighborhood scale agricultural practices are compatible with residential neighborhoods.

(a)

Applicability.

(1)

This section applies to all zoning districts where there is a desire to conduct urban agriculture as a principal use and/or as an accessory use.

(2)

This section does not exempt an urban agriculture use from complying with section 32.07.050 (animals) of this title.

(b)

Standards.

(1)

When operating urban agriculture as a principal use the following standards apply:

a.

A city business license is required for the use.

b.

On site sales do not occur without a conditional use permit.

c.

All structures are in compliance with the lot and building setback standards for the respective zoning district.

d.

All chemicals, fuels and farm equipment shall be stored in an enclosed, locked structure.

e.

The site must be designed and maintained so as to prevent the free flow of storm water, irrigation water, chemicals, dirt or mud across or onto adjacent lots, properties, and or public right-of-way.

f.

A residential use may be permitted as accessory to urban agriculture; the residential structure shall comply with the respective zoning districts setbacks for a primary structure.

g.

The operation of the urban agriculture use shall control fugitive dust generated from the urban agriculture operation.

h.

Shipping containers/Conex boxes are prohibited.

i.

Livestock is prohibited except as may be permitted in section 32.07.050 (animals) of this title.

j.

Any lighting shall be shielded and directed downward to avoid spilling onto adjacent property.

k.

The operator of the urban agriculture use shall erect an informational sign a minimum of two feet by three feet in size at the main entrance to the project site with the operator's contact information.

l.

Composting for use on site shall:

1.

Not emit an excessive odor;

2.

Have a minimum 20-foot setback from any property line; and

3.

Be limited to seven and one-half percent of the parcel size.

m.

Mechanized equipment shall not be operated on Sundays or outside the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, and 9:00 a.m. to 5:0 p.m. Saturday, except as permitted by conditional use permit.

(2)

Notwithstanding any other provisions of this chapter, chickens may be kept in any zoning district as an accessory use if the following standards are complied with:

a.

Roosters are prohibited.

b.

Slaughter of chickens on site is prohibited.

c.

The keeping of chickens is limited based on parcel size:

1.

Parcel size between zero and 2,000 square feet may keep up to two hens.

2.

Parcel sizes between 2,001 and 6,000 square feet may keep up to four hens.

3.

Parcel sizes between 6,001 and 10,000 square feet may keep up to five hens.

4.

Parcel sizes greater than 10,000 square feet may keep up to two hens for every 2,000 square feet of parcel size, not to exceed 16 hens.

d.

Chickens shall be restricted from accessing the front yard.

e.

The chickens shall be provided a covered enclosure (coop) and must be kept in the covered enclosure. The coop must be a minimum of five feet from any property line.

f.

Coop shall be clean and odor free.

g.

If the city receives a complaint, and after being given at least 24 hours' notice, a property owner that exercises the privilege of keeping chickens on their property, agrees to allow inspections by the administrator for compliance with the standards of this title.

(3)

Apiary uses are allowed as an accessory use when the following conditions are complied with:

a.

Located in GR, RR, SF, MDR, MF, MU, C1, C2 and PF zoning district. Prohibited in I and EC zoning districts.

b.

No hive shall exceed 20 cubic feet in volume.

c.

No more than two hives are allowed per parcel.

d.

No hive shall exceed five feet in height.

e.

No hive shall be located closer than five feet from the property line.

f.

A constant supply of water shall be provided for all hives.

g.

A flyway shall be provided.

(c)

Exceptions. Legally and lawfully established urban agriculture uses which comply with the use standards are exempt from the landscaping and parking requirements in chapter 32.09.

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