By Vernon Robison
Moapa Valley Progress
The Clark County Board of Commissioners introduced a new ordinance at a meeting on Wednesday September 21, that would revise county land use regulations for agricultural and home occupation uses on residential properties. The ordinance, which will have a public hearing on October 5, is meant to bring practices, commonly already being done in outlying areas, into full compliance with county code.
“The ordinance will allow the outlying areas to do agricultural and other uses on their residential land more by right rather that being required to come to the county and apply for special use permits,” said Mario Bermudez of Clark County Comprehensive Planning.
Currently agriculture is not allowed by county code as the principal use in residentially zoned land. “In order to have private agricultural uses the parcel would technically have to have a primary residence on the property,” Bermudez said.
But that means that there are many alfalfa fields and open livestock pastures currently in the Moapa Valley that are out of compliance because those fields are zoned as residential open (R-U).
“The code is strange,” Bermudez said. “Agriculture is allowed as a primary use on Residential Agriculture (R-A) zoned land which can be a parcel as small as one acre. But you can’t have agriculture as a primary use on R-U which must be at least two acres. No one really knows why that is. But this ordinance is meant to address that.”
County Commissioner Tom Collins said that the introduction of the ordinance is meant to bring county codes in line with what is already going on in the outlying areas.
“There are quite a few folks up there in the valley who are raising hay or keeping cows on their property,” Collins said. “It’s has always been that way and it shouldn’t really matter if the field they are using is zoned as residential.”
The new ordinance also opens the door to allow crops, produce or livestock to be sold at the point of production. Currently the county code does not allow a small roadside produce stand to operate on anything but commercially zoned property, Bermudez said. But this ordinance would allow for such an enterprise on residentially zoned property.
“It allows for customers to come to the residential property to buy produce or agricultural products,” Bermudez said. “And it wouldn’t require the owners to provide parking or pavement or other improvements that would otherwise be required of a commercial venture.”
“Right now, with people who are selling eggs or fruit or chickens or whatever, (the county is) trying to treat it like its a commercial operation,” Collins said. “They shouldn’t have to go through all that just to be able to have a little farm stand on their property.”
Bermudez emphasized that the ordinance only dealt with the land use requirements in the county code. Producers wishing to sell their wares at a roadside stand would still be subject to all business licensing requirements. In certain cases, they also might be required to obtain building permits depending on the size and specifications of their produce stand. And, of course, they would still be subject to all Southern Nevada Health District regulations.
Of these additional challenges, Collins stated that he would be working on them one step at a time. “We’ll address the zoning part first with this,” he said. “Then we might eventually get to deal with the business licensing and health district parts later on.”
Collins said that residents who were really just inviting interested parties to come by and purchase fresh produce shouldn’t be required to go through all the health district and business licensing requirements that a commercial vendor is required to do.
Other parts of the proposed ordinance would change rules regarding home business occupations. It would loosen land use restrictions on people doing small business from their homes.
In one section, the ordinance allows for a small auto repair business to be conducted at a residence with a limit of two cars at a time on site. The business would still be subject to a list of conditions that currently exist under an Auto Hobby Repair and Restoration section of the code. Such a business would also still have to comply with business licensing requirements. But the code would no longer require a full zone change to commercial in order for someone to run a small auto repair business from home, Bermudez said.
The ordinance also would allow home occupations in outlying areas to have limited customers and employees come to the home to conduct business. In the past, things like tutoring or music lessons would have required a special public hearing to take place. The board of county commissioners could then grant approval for the home-based businesses to operate under a special use permit. But the proposed ordinance would allow such an enterprise to get a permit administratively without the full hearing. The business owner would just need to get written approval of any neighbors within 300 feet of the property.
Collins said that the proposed ordinance is meant to make the county code more friendly to the rural areas.
“In the past, Commissioner Woodbury and others took the position to just not worry about these kinds of things,” Collins said. “Back then it was just: look the other way and leave things alone. With this, I am trying to correct the code to allow for these uses that have always been happening under the radar. That way, when a Woodbury or a Collins is gone it will still be okay because it is in the code.”
The ordinance will be given a public hearing before the board of commissioners on Wednesday, October 5. The public is encouraged to attend the hearing and make comments and recommendations on the ordinance for the board.
