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General-Provisions"
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CHAPTER 32.01. - GENERAL PROVISIONS
Sec. 32.01.010. - Purpose.
This title regulates and restricts the use and improvement of land and controls the location, soundness,
and use of structures, to The purpose of this Chapter is to promote the public health, safety, and welfare by
providing appropriate and reasonable controls for the development and use of lands within the City of
Fernley, while also protecting the rights of property owners. This Chapter is also intended to:
-
Promote the public health, safety, morals, convenience or general welfare of the community;
-
Preserve the quality of the air and water resources;
-
Promote the conservation of open space and the protection of other natural and scenic resources
from unreasonable impairment;
-
Enhance the aesthetics of the community;
-
Provide for recreational needs;
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Protect life and property in areas subject to floods, landslides and other natural disasters;
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Conform to the adopted population and master plans;
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Develop a timely, orderly and efficient arrangement of transportation and public facilities and
services;
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Take into account the relative suitability of the land for development, and to ensure that any
development of the land is commensurate with the character and physical limitations of the land;
-
Lessen traffic congestion;
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Prevent overcrowding of land and undesirable concentrations of population.
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Implement the policies, goals, and strategies adopted by the City of Fernley, including those in the
Comprehensive Master Plan and other adopted plans and documents;
-
Regulate and control the division of land to encourage convenient, compatible, and efficient
relationships among land uses;
-
Promote economic development and the improvement of property;
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Promote, preserve, and protect the environmental quality and encourage the wise use of natural
resources;
-
Conserve and enhance established residential neighborhoods through appropriately scaled infill
development;
-
Encourage innovative and quality residential development and a greater variety of type, design,
and layout of dwellings;
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Protect life and property in areas subject to floods, landslides, and other natural disasters;
-
Facilitate adequate provision of transportation, water, wastewater, parks, trails, stormwater
management, and other public needs;
-
Encourage a well-rounded set of City amenities for all age groups and income levels (parks,
entertainment venues, activity centers, etc.); and
-
Promote fair procedures that are efficient and effective in terms of time and expense and that
appropriate process is followed in the review and approval of applications made under this
Chapter.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.020. - Title.
This title Chapter is known and cited as the "City of Fernley Development Code," hereinafter
"development Development codeCode." The City of Fernley shall be known and may be cited in all
proceedings as "cityCity."
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.030. - Effective Date
This Code shall take effect and be in force from and after the date of adoption.
Sec. 32.01.040. - Authority
This Code is enacted pursuant to the powers granted and limitations imposed by laws of the State of
Nevada, including the statutory authority granted in Nevada Revised Statutes (NRS) Chapter 278, and all
other relevant laws of the State of Nevada. Whenever any provision of this Code refers to or cites a
section of the NRS and that section is later amended or superseded, this Code shall be deemed amended
to refer to the amended section or the section that most closely corresponds to the superseded section.
Sec. 32.01.0350. - Applicability and jurisdictionJurisdiction.
(a)
(a)
General applicability.
(1)
The provisions of this code Code shall apply to all land, buildings, structures, and uses of
land, buildings, and structures located within the City of Fernley, unless an exemption is
provided by the terms of this codeCode. The provisions of this code Code are the
minimum requirements adopted for the promotion of the public health, safety, and
welfare.
(2)
To the extent allowed by law, the provisions of this cCode shall apply to all land, buildings,
structures, and uses owned by government agencies. Where the provisions of this cCode
do not legally control such land, buildings, structures, and uses owned by government
agencies, such agencies are encouraged to meet the provisions of this cCode.
(b)
Compliance required.
(1)
No building or structure shall be erected, converted, enlarged, reconstructed, or altered
for use, nor shall any land, building, or structure be used or changed, except in accordance
with all of the applicable regulations established by this codeCode.
(2)
No lot of record that did not exist on the effective date of this code Code shall be created,
by subdivision or otherwise, that does not conform to the applicable requirements of this
codeCode.
(3)
No permit or approval may be issued under this code Code unless all structures and uses
of land and structures to be authorized by the permit or approval conform to this
codeCode, regulations promulgated under this codeCode, and the terms and conditions of
other applicable permits and approvals issued under this codeCode. A permit or approval
issued in violation of this code Code is void.
(c)
Application to governmental agencies. To the extent allowed by law, the provisions of this code
shall apply to all land, buildings, structures, and uses owned by government agencies. Where the
provisions of this code do not legally control such land, buildings, structures, and uses owned by
government agencies, such agencies are encouraged to meet the provisions of this code.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.0460. - Consistency with plans.
(a)
This development Development code Code is intended to implement the goals and policies of the
City of Fernley Comprehensive Master Plan and is declared to conformhereby deemed to be
consistent with to the master Master plan Plan of the city pursuant to the provisions of NRS chCh.
278. Per NRS 278.200 the master Master plan Plan shall be a map, together with such charts,
drawings, diagrams, schedules, reports, ordinances, or other printed or published material, or any
one or a combination of any of the foregoing as may be considered essential to the purposes of
NRS 278.010 to 278.630, inclusive.
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(b)
No regulatory decision by an appointed or elected official or any city employee shall be made with
respect to any zoning action or use of property that is not in substantial compliance with the
Master Plan as officially adopted or amended.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.0570. - Saving provision.
The provisions of this development code shall not be construed as abating any action now pending under,
or by virtue of, prior existing land development regulations, or as discontinuing, abating, modifying, or
altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or
corporation, or as waiving any right of the city under any chapter or provision existing at the time of
adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or
corporation, by lawful action of the city except as shall be expressly provided for in these regulations.
Should any chapter, article, section, clause, or provision of this Chapter be declared by a court of
competent jurisdiction to be unconstitutional or invalid, the decision shall not affect the validity of the
Chapter as a whole or any part thereof other than the part declared to be unconstitutional or invalid.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.0680. - Effect of this title on approved development permits, development permits currently
being processed, and new applications for development permitsTransitional Provisions.
(a)
Approved development.
(1)
Development for which an application for conditional use permit, variance, tentative
parcel map, final parcel map, tentative subdivision map, final subdivision map, tentative
land division map or final land division map has been finally approved and which approval
remains valid on the effective date of this title shall remain valid unless such approval
expires by the terms of the approval or in accordance with this title. Development which
has been granted approval may be built in accordance with the development standards in
effect at the time of approval, provided that the approval is valid at the time building
permits are issued and that the approval is subject to any time limits imposed pursuant to
this title; further provided that any subsequent applications for a development permit
required by this title prior to issuance of and including a building permit and certificate of
occupancy shall be processed in accordance with the procedures established by this title
for the processing of such development permit.This Code shall not affect the validity of any
lawfully issued and effective development permits issued prior to the effective date of this
Title, if construction was commenced prior to the effective date of this Code and if the
construction continued uninterrupted until complete. If any such permit expires prior to
completion, all future development shall be in conformance with the requirements of this
Code.
(2)
No provision of this title shall require any change in the plans, permit expiration,
construction or designated use of any structure for which a building permit has been
issued prior to the effective date of this title or any subsequent amendment.Unless
otherwise provided in the initial approval, any proposed amendment to a permit or other
form of approval issued under prior regulations shall be reviewed based on the
development standards in effect at the time of submission of a complete application for
the amendment.
(3)
Any reapplication for an expired development permit must meet the standards in effect at
the time of reapplication.Unless otherwise provided in the initial approval, any conditions
of approval applied to a discretionary approval under the regulations in effect prior to the
effective date of this Code shall continue to apply. The Administrator shall have discretion
to sunset any conditions of approval applied under the regulations in effect prior to the
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effective date of this Code upon demonstration that the site is in conformance with the
current applicable code standards.
(b)
Projects in process. Development for which an application for a development permit has been
accepted as complete, but which has not been granted final approval by the appropriate
designated official prior to the effective date of this title, shall be subject to the land use
regulations, standards for approval, and other requirements in effect at the time the application
was deemed complete; provided that any subsequent application for a development permit
required by this title prior to issuance of and including a building permit and certificate of
occupancy shall be processed in accordance with the procedures established by this title for the
processing of such development permit. If approved, the development may be built in accordance
with the development standards in effect at the time of application, provided that any design
review filed subsequent to the issuance of a conditional use permit or reapplication for an expired
permit must meet the standards for approval in effect at the time of application. This provision
shall not apply to any application for a master plan amendment or zoning map amendment.
(1)
For a period not to exceed twelve months from the effective date of this Code, a
development application that has been determined to be complete may be decided under
the regulations in effect prior to the adoption of this Code, or may be reviewed and
decided under this Code at the request of the applicant. Applications shall not be
processed under a combination of prior regulations and this Code.
(2)
This Section does not apply to any application for a Master Plan Amendment or Zoning
Map Amendment. These applications will be approved under this Code regardless of
when they were submitted.
(c)
New applications. If no application for a development permit has been accepted as complete and
the development has received no more than approval of a master plan map amendment or a
zoning map amendment prior to the effective date of this title, pending and subsequent
applications for development approval shall be subject to all requirements, standards and
procedures set forth in this titleAll new application submittals received after the effective date of
this Code shall be subject to this Code.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.0790. - Right to farm.
(a)
Purpose.
(1)
The right to farm all land is recognized to exist as a natural right and is also ordained to
exist as a permitted use everywhere in the city except where expressly prohibited under
this title, subject only to state health and sanitary codes.
(2)
It is the declared policy of the City of Fernley to conserve and protect agricultural land,
agricultural irrigation water rights and agricultural operations, and to encourage
sustainable agricultural operations within the city. It is the purpose and intent of this
section to reduce the loss to the city of its viable agricultural land by limiting
circumstances under which agricultural operations may be considered a nuisance,
consistent with NRS 40.140.
(b)
Intent.
(1)
This section defines and limits cases in which agricultural operations may be perceived a
nuisance. It includes a disclosure notice to prospective property buyers, notifying them
that if the property they are purchasing is adjacent to agricultural land, they may be
subjected to certain inconveniences associated with normal agricultural operations and
that special setbacks may be required on the property.
(2)
The right to farm includes, but is not limited to, the right to engage in all of the
"agricultural operations" defined in this section. This right to farm shall also include the
right to use land for agricultural production and grazing by animals, in addition to
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agricultural products processing, transportation, sales, and distribution. The foregoing
uses and activities included in the right to farm, when necessary for the particular farming,
livestock, fowl or crop production, and when conducted in accordance with generally
accepted agricultural practices, may occur on holidays, Saturdays, Sundays and weekdays,
24 hours a day, and the traffic, noise, odors, dust, fumes and other disturbances that are
caused by such activities are also specifically permitted as part of the exercise of this right.
(c)
Nuisance.
(1)
No present or future agricultural operation or any of its appurtenances conducted or
maintained for commercial purposes and in a manner consistent with proper and accepted
customs and standards of the agricultural industry on agricultural land or commercial land
shall be deemed a nuisance, due to any changed condition of the use of adjacent land and
water rights appropriated for that land in or about the locality thereof; provided, that the
provisions of this section shall not apply whenever a nuisance results from the negligent or
improper operation of any such agricultural operation and its appurtenances or if the
agricultural activity or appurtenances obstruct the free passage or use in the customary
manner of any navigable lake, stream, river, canal or basin or any public park, square,
street or highway. Consistent with NRS 40.140(2), it is presumed that an agricultural
activity which does not violate a federal, state or local law, ordinance or regulation
constitutes good agricultural practice consistent with proper and accepted customs and
standards of the agricultural industry.
(2)
It is expressly found that whatever nuisance may be caused to others by such uses and
activities so conducted is more than offset by the economic and social benefits from
farming to the local and state economy, community aesthetics, and to society in general,
by the preservation of open space, the beauty of the countryside and clean air, the
provision for continual local economic growth and by the preservation and continuance of
farming operations in this city and the state as a source of agricultural products for this
and future generations.
(3)
As a condition of approval of any subdivision or parcel map of any land in the City of
Fernley, the owners or developers of such land and their heirs, assigns and successors,
shall agree to provide notice to any and all subsequent purchasers of the provisions of NRS
40.140 and this chapter. Such notice shall include a signed acknowledgment on all land
development maps.
(4)
If a landowner or resident believes that an agricultural operation is not being conducted or
maintained in a manner consistent with proper or accepted customs and standards of the
agricultural industry, the landowner or resident may submit a complaint to the
administrator.
(d)
Disclosure statement.
(1)
Every seller of any real property in the City of Fernley, either directly or through his/her
authorized agent shall provide to any prospective buyer a written disclosure statement
advising the buyer of the existence of a right to farm ordinance enacted by the City of
Fernley. Such disclosure statement shall contain or be accompanied by a copy of the
ordinance codified herein or successor, and statement that intensive agricultural
operations may be conducted on agricultural and other land within the city. The disclosure
statement shall be substantially in the form promulgated by the board, or their designee.
The written disclosure statement shall include any agricultural setback requirements and
water rights use restrictions applicable to the property. The buyer shall sign a copy of the
written disclosure statement acknowledging receipt of the disclosure and accompanying
documents and deliver the signed copy to the seller or his/her authorized agent. The seller
or his/her authorized agent shall retain the copy of the disclosure statement executed by
buyer in the escrow process.
(2)
The disclosure statement shall contain substantially the following language:
The City of Fernley has determined that the highest and best use for agricultural land as
defined below is to develop or preserve said lands for the purposes of agricultural
operations and it will not consider the inconveniences or discomforts arising from or
related to agricultural operations to be a perceived nuisance if such operations are legal,
consistent with accepted customs and standards and operated in a non-negligent manner.
If property you own or may purchase in the future is located adjacent, near, or close to
agricultural lands or within agricultural lands, including agriculture land easements,
irrigation ditch easements, drain ditch easements, or agricultural products processing
facilities, you may be subject to inconveniences or discomfort arising from agricultural
operations. These may include but are not limited to the spraying, cleaning, and
maintenance of irrigation water delivery systems as well as traffic, noise, odors, dust,
chemicals, smoke, insects, operation of machinery (during any 24-hour period), aircraft
operation, and storage and disposal of agriculture by-products, including manure. One or
more of the inconveniences described above may occur even in the case of an agricultural
operation, which is in conformance with existing laws and regulations and locally accepted
customs and standards. If you live near an agricultural production area and/or agriculture
products facility, you should be prepared to accept such inconveniences or discomfort as a
normal and necessary aspect of living in a city with a strong rural character and a healthy
agricultural sector. You are prohibited from interfering with or in any way obstructing
agricultural operations, including, for example, tampering with irrigation delivery facilities,
obstructing irrigation ditches, and obstructing agricultural land easements.
For purposes of this notification:
Land surrounding your property may or may not be presently zoned or designated on the
General Plan for primary or substantial agricultural use, the land contains an existing
agricultural operation of a type that would be obvious to an uninformed observer after a
physical inspection of the property, and that operation began at a time when such use was
permissible.
Agricultural operation means all activities relating to agricultural production and use, and
shall include, but not be limited to, the cultivation and tillage of the soil, lawful use of
appropriated water rights for agricultural irrigation purposes, including groundwater, as
well as any agriculture irrigation water delivery system maintenance and improvements,
the burning of agricultural waste, weeds and other debris or other agricultural burning,
including ditches and fields, lawful use of housing and transportation of labor for the
purpose of crop production, lawful use of temporary and permanent facilities for the
health, safety and welfare of agricultural workers, protection of crops and livestock from
pests (i.e., insects, diseases, weeds, predators) damaging or which could potentially
damage crops or livestock, the proper and lawful use of agricultural inputs and chemicals,
whether organic or conventional, including but not limited to the ground and aerial (i.e.,
via aircraft) application of crop protection products and fertilizers, fumigation, or the
raising, production, irrigation, pruning, harvesting, or processing of any living organism,
organically or conventionally, having value as an agricultural commodity or product, and
any commercial practices performed incident to or in conjunction with such operations
where the agricultural product is being produced, including preparation for market,
delivery to storage, processing and packaging, and distribution to market, or to carriers for
transportation to market or processing of an agricultural commodity, and those buildings
or related facilities (no matter their zoning) that process, store, package and distribute
agriculture products.
The City of Fernley recognizes the Right to Farm provisions outlined in NRS 40.140.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.10080. - Enforcement authority.
(a)
General
(1)
It is the duty of the zoning administratorCity, to enforce all of the provisions of this title.
(2)
It is unlawful for any person to interfere with City employees in the performance of their
duties.
(3)
Enforcement of the provisions of this Code shall be pursued in order to provide for its
effective administration, to ensure compliance with any condition of development
approval, to promote the City's planning efforts, and to protect the public health, safety,
and general welfare.
(4)
In order to prevent a public health or safety hazard (as defined by NAC 444), nuisance (as
defined by NRS 40.140) or to require an operation to cease due to a public health or safety
hazard or nuisance, the city has the authority to appoint a representative with expertise in
the area of violations and determine if a public health or safety hazard or nuisance exists.
If the representative determines that such a violation exists, the cost of the city
representative and the investigation shall be paid by the property owner.
(5)
The City shall have the authority and powers necessary to determine whether an
administrative violation of this Code exists and shall have the authority to take appropriate
action to gain compliance with the provisions of this Code. These powers include all
power and authority to issue notices of violation, administrative citations, notices and
orders, the power to inspect public and private property, and use the administrative
remedies available under this Code.
(b)
It is unlawful for any person to interfere with the zoning administrator in the performance of their
duties. Violations
(1)
Any person who erects, constructs, reconstructs, alters, repairs, converts, or maintains any
building, structure, or sign, or part thereof, in violation of the Code, and any person who
uses any building, structure, or land in violation of this Title, shall be subject to penalties
and enforcement action in accordance with this Chapter.
(2)
Violations can include, but are not limited to, the following activities:
a.
Erect, construct, remodel, alter, maintain, expand, move, or use any land, building,
structure, or sign or engage in development or subdivision of any land contrary to
the regulations and procedures of this Code.
b.
Excavate, grade, cut, clear, or undertake any other land disturbance activity
contrary to the provisions of this Code or without first obtaining all requisite land
use approvals or permits required by the Code or other applicable regulations.
c.
Create, expand, replace, or change a nonconforming use, lot, sign, or site
improvement except in compliance with this Code.
d.
Reduce or diminish the lot area, setbacks, or open space below the minimums
required by this Code.
e.
Increase the intensity of use of any land or structure, except according to the
standards of this Code.
f.
Engage in any development, use, construction, remodeling, or any other activity of
any nature in any way inconsistent with the terms and conditions of any permit,
approval, agreement, or other form of authorized required under this Code to
engage in such activity.
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g.
Fail to comply with any terms, conditions, or limitations placed by the deciding
body yoin any final development plan, subdivision plat, site plan, permit, or other
form of authorization.
h.
Failure to remove any sign installed, created, erected, or maintained in violation of
this Code, or for which the sign permit has lapsed.
(c)
In order to prevent a public health or safety hazard (as defined by NAC 444), nuisance (as defined
by NRS 40.140) or to require an operation to cease due to a public health or safety hazard or
nuisance, the city has the authority to appoint a representative with expertise in the area of
violations and determine if a public health or safety hazard or nuisance exists. If the city
representative is able to verify that such a public health or safety or nuisance exists, then the city
may deny or revoke a permit and formally declare a violation of this title and require the operation
to rectify or cease such activities until it can be determined that a public health or safety hazard or
nuisance will not occur as a result of said activities. If the representative determines that such a
violation exists, the cost of the city representative and the investigation shall be paid by the
property owner.Remedies and Penalties
(1)
Unless otherwise addressed in a specific provision of this Code, the City may deny,
withhold, or revoke any permit, approval, or other authorization granted under this Code,
as applicable for any of the following reasons:
a.
Inability to make applicable findings required by this Code;
b.
Developing, establishing, or conducting a use of land contrary to the conditions of
the permit or in violation of any law or ordinance;
c.
Developing or conducting a use of land in such a manner as to create a public
nuisance or constitute a danger to the public health, safety, or welfare; or
d.
Fraud, misrepresentations, or false statements in the permit or development
application.
(2)
Stop-Work Orders
a.
The City may issue a stop-work order whenever any building, structure, site, or
portion of a building, structure, or site is being demolished, constructed,
reconstructed, altered, or repaired, in substantial violation of this Code.
b.
The City may issue a stop-work order on any property with an uncorrected
violation of this Code or approval issued under this Code.
c.
A stop-work order shall be in writing and directed to the person doing the work
and shall specify the provision of this Code or the project approval requirement
being violated.
d.
If a stop-work order is issued, no work shall proceed on any building, structure,
site or portion of a building, structure, or site subject to the order except to
correct the violation or to comply with the order.
e.
Once conditions cited in the stop-work order have been adequately addressed,
the City shall rescind the stop-work order.
f.
Failure to comply with a stop-work order or correct the violation may result in
further enforcement action by the City Attorney's office.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.110090. - Fees.
The city City council Council shall establish a schedule of fees for processing of all development and land
division applications under this development Development code Code by resolution. All such resolutions
are incorporated by reference into this development Development code Code as though fully set forth.
Except as otherwise established by formal policy adopted by the city City councilCouncil, every application
for a development permit under this development Development code Code shall be accompanied by a fee
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as set by resolution of the city City councilCouncil. Fees are not required with applications submitted by the
city council, planning commission, Lyon County school district, or city agencies or staffother governmental
agencies or registered non-profit organizations. Any fees required by this development Development code
Code shall be collected and are due at the time of application submittal. Refund of fees may be made less
the staff and administrative costs incurred to date by the city. No refund shall be made where the
development permit has been noticed for hearing.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.10020. - Payment of taxes Taxesrequired.
No application shall be considered complete and move forward through the review process until the
property taxes have been paid through the entire, current fiscal year and proof of property tax payment
from the county treasurer is provided with the application. This provision shall apply, but not be limited to,
all applications for change of land, master plan amendments, conditional use permits, variances, reversions
to acreage, parcel maps, divisions into large parcels, tentative maps, and final maps.
( Ord. No. 2020-005, § 1(Exh. A), 3-4-2020 )
Sec. 32.01.130. - Conflicting Provisions
(a)
If the provisions of this Code are inconsistent with those of the state or federal governments, the
more restrictive provision will control, to the extent permitted by law.
(b)
If the provisions of this Code are inconsistent with one another, or if they conflict with provisions
found in other adopted codes, ordinances, or regulations of the City of Fernley, the more
restrictive provision will control unless otherwise expressly stated.
(c)
It is not the intent of this Code to interfere with, abrogate, annul, or prevent the private
enforcement of any easement, covenant, deed restriction, or other agreement between private
parties. The provisions of this Code are in addition to, an not in lieu of, any restriction imposed
by a private agreement, provided that when this Code mandates a greater restriction than those
imposed or required by such easements, covenants, or agreements, this Code shall govern. The
City is not responsible for monitoring or enforcing private agreements or restrictions.
Sec. 32.01.140. - Relationship to Other Laws.
(a)
Other laws--Private restrictions. This title does not impair or interfere with other regulations
of effective state or local law, or with private restrictions on the use of land, improvements,
and structures. Where this title imposes a greater restriction than that imposed by other law
or by private restrictions, this title controls.
(b)
Other regulations. This title is intended to cooperate with other city regulations, including, but
not limited to, building, plumbing, electrical and fire prevention codes, and subdivision
regulations. In all cases of doubtful interpretation or possible conflict, the proper
interpretation of this title is that which favors consistency with other regulations.
Commented [MR1]: New refund policy attached to fee
schedule just approved by Council on 4/17.