The Fernley City Council unanimously approved an amendment to the city’s land use table at its April 1 meeting that will allow multi-family and mixed-use developments by right in the city’s commercial districts.
The change was prompted by a recent change in state law. Such development is already allowed in commercial zoning districts, subject to the issuance of a conditional use permit (CUP).
However, the amendment would remove the CUP requirement in accordance with Assembly Bill (AB) 241, recently passed by the legislature and signed by the governor, which took effect last October, according to a city staff report.
AB 241 provides that multi-family and mixed-use developments, meaning development of commercial and multi-family uses in the same project, typically with commercial uses on the ground floor, would be allowed by right on properties zoned for commercial use, according to the staff report.
The amendment would remove the CUP requirement in the city’s Neighborhood Commercial (C1), General Commercial (C2) and Tourist Commercial (TC) zoning districts, the staff report noted.
The bill also declares any state or local regulations in conflict with the provisions of AB 241 to be void.
The only comment during the public hearing on the matter came from Councilwoman Felicity Zoberski, who expressed some concern about noise complaints from residents in a mixed-use development, such as maybe an apartment over a bar or something similar, asking that future residents in such a development be made aware of that possibility.








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