What is the development code for accessory dwellings?

City of Fernley Development Code – Chapter Accessory uses. Accessory dwellings.

1) Definition: An attached or detached dwelling unit or guest house, with or without kitchen facilities, intended for occupation by paying or non-paying persons, guests, members of the family or persons employed on the premises, and located on the same parcel as a permitted principal use. Accessory dwellings do not include dwellings which this development code specifically designates as being part of an allowed principal use and which are allowed as a use by right. Mobile homes cannot be used as accessory dwellings in any zoning district.

2) Parking requirements: A minimum of one off-street parking space must be provided in addition to any parking required for the main dwelling or principal use.

3) Additional provisions:

        a) Accessory dwellings may be detached from the structure housing the principal use provided it is on the same parcel as the main structure, except in the agricultural zoning district where the accessory dwellings may be located where appropriate for the agricultural operation with which it is associated.

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

        c) Accessory dwellings within non-residential zoning districts are limited to 1,200 square feet in livable area, and must be accessory to a primary permitted use on the same parcel. A person may utilize an existing residential structure, regardless of size, as an accessory dwelling in a non-residential zoning district.

        d) 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.

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

        f) 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:

               1. 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;

               2. The accessory dwelling cannot be sold separately;

               3. 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.

        g) Only one accessory dwelling unit per parcel is allowed.

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

        i) The accessory dwelling shall utilize the same water, electric, and gas meters as the principal dwelling unit. If the site is served by a well or septic, all applicable NRS and NAC standards shall be met.

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

        k) Accessory dwellings shall be in conformance with the setback requirements of the zoning district in which it is located

        l) Accessory dwellings shall not obtain a separate address.

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