40.210.010    Forest, Agriculture and Agricultural-Wildlife Districts (FR-80, FR-40, AG-20, AG-WL)

A.    Purpose.

1.    Forest 80 District. The purpose of the Forest 80 district is to maintain and enhance resource-based industries, encourage the conservation of productive forest lands and discourage incompatible uses consistent with the Forest I policies of the comprehensive plan. The Forest 80 district applies to lands which have been designated as Forest Tier 1 on the comprehensive plan. Nothing in this chapter shall be construed in a manner inconsistent with the Washington Forest Practices Act.

2.    Forest 40 District. The purpose of the Forest 40 district is to encourage the conservation of lands which have the physical characteristics that are capable of management for the long-term production of commercially significant forest products and other natural resources, such as minerals.

3.    Agriculture 20 District. The purpose of the Agriculture 20 district is to encourage the conservation of lands which have the growing capacity, productivity, soil composition, and surrounding land use to have long-term commercial significance for agriculture and associated resource production.

4.    Agricultural-Wildlife. The purpose of the AG-WL district is to encourage the preservation of agricultural and wildlife use on land which is suited for agricultural production, and to protect agricultural areas that are highly valuable seasonal wildlife habitat from incompatible uses. The district provides for activities which can be considered accessory only to agricultural, game, or wildlife habitat management, or recreational uses. Nothing in this chapter shall be construed to restrict normal agricultural practices.

(Amended: Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08)

B.    Uses.

    The uses set out in Table 40.210.010-1 are examples of uses allowable in the various resource zone districts. The appropriate review authority is mandatory.

•    “P” – Uses allowed subject to approval of applicable permits.

•    “R/A” – Uses permitted upon review and approval as set forth in Section 40.520.020.

•    “C” – Conditional uses which may be permitted subject to the approval of a conditional use permit as set forth in Section 40.520.030.

•    “X” – Uses specifically prohibited.

Where there are special use standards or restrictions for a listed use, the applicable code section(s) in Chapter 40.260, Special Uses and Standards, or other applicable chapter is noted in the “Special Standards” column.

Table 40.210.010-1. Uses
	FR-80	FR-40	AG-20	AG-WL	Special Standards
1.    Residential.
a.    Single-family dwellings and accessory buildings	P1	P1	P1	P	40.260.010
b.    Rural accessory dwelling unit	P	P	P	P	40.260.022
c.    Guest house	C2	C2	C2	C2	40.260.010
d.    Family day care centers	P	P	P	P	40.260.160
e.    Adult family homes	P	P	P	P	40.260.190
f.    Home business – Type I	P	P	P	P	40.260.100
g.    Home business – Type II	R/A	R/A	R/A	R/A	40.260.100
h.    Bed and breakfast establishments (up to two (2) guest bedrooms)	R/A	R/A	R/A	R/A	40.260.050
i.    Bed and breakfast establishments (three (3) or more guest bedrooms)	C	C	C	C	40.260.050
j.    Garage sales	P	P	P	P	40.260.090
k.    Temporary dwellings	P	P	P	X	40.260.210
2.    Services, Business.
a.    Commercial nurseries predominantly marketing locally produced plants and associated landscaping materials	R/A	R/A	R/A	C
b.    Roadside farm stand	P	P	P	P	40.260.025
c.    Agricultural market	P	P	P	X	40.260.025
d.    Commercial kennels on a parcel or parcels five (5) acres or more	R/A	R/A	R/A	X	40.260.110
e.    Private kennels	P	P	P	P	40.260.110
f.    Animal boarding and day use facilities	P	P	P	X	40.260.040
3.    Services, Amusement.10
a.    Public recreation, scenic and park use10	P	P	P	C3
b.    Public interpretive/educational uses10	P	P	P	P
c.    Dispersed recreation and recreational facilities such as primitive campsites, trails, trailheads, snowparks and warming huts10	P	P	P	X
d.    Public recreation accessways, trails, viewpoints, and associated parking10	P	P	P	P
e.    Regional recreational facilities designed and developed through a public master planning process10	P	P	P	P
f.    Private recreation facilities, including retreats, but excluding such intensive uses as country clubs and golf courses	C	C	C	C3
g.    Country club and golf courses	X	X	C	X
h.    Equestrian facility	P	P	P	X	40.260.040
i.    Equestrian events center	C	C	C	X
j.    Circuses, carnivals or amusement rides	R/A	R/A	R/A	R/A
4.    Services, General.
a.    Event facilities < five thousand (5,000) sq. ft.	X	C	C	X
b.    Tasting room and event facilities in conjunction with a winery	P	P	P	X	40.260.245
5.    Services, Membership Organization.
a.    Churches	X	C	C	X
6.    Services, Educational.
a.    Public and private elementary and middle schools serving a student population primarily outside of urban growth boundaries	C	C	C	X	40.260.160
7.    Public Service and Facilities.
a.    Ambulance dispatch facilities	C	C	C	C	40.260.030 40.260.077
b.    Government facilities	C4	C4	C4	C5	40.260.077
c.    Public corrections facilities	C	C	C	X	40.260.077
8.    Resource Activities.
a.    Agricultural	P6	P6	P6	P
b.    The growing, harvesting and transport of timber, forest products and associated management activities in accordance with the Washington Forest Practices Act of 1974 as amended, and regulations adopted pursuant thereto	P	P	P	X
c.    Wildlife game management	P	P	P	P
d.    Plant nurseries	P	P	P	P
e.    Removal, harvesting, wholesaling and retailing of vegetation from forest lands including but not limited to fuel wood, Christmas trees, salal, berries, ferns, greenery, mistletoe, herbs and mushrooms	P	P	P	C	Chapter 40.440
f.    Silviculture	P	P	P	C	40.260.080
g.    Aggregate extraction and processing for the purposes of construction and maintenance of a timber or agricultural management road system	P7	P7	P7	X	40.250.022
h.    Exploration for rock, gravel, oil, gas, mineral and geothermal resources	P	P	P	X	40.250.022
i.    Extraction of oil, gas and geothermal resources, in accordance with all applicable local, state and federal regulations	R/A	R/A	R/A	X	40.250.022
j.    Commercial uses supporting resource uses	P8	P8	P8	X
k.    Accessory buildings	P	P	P	P	40.260.010
l.    Housing for temporary workers	P	P	P	P	40.260.105
m.    Sawmills greater than ten thousand (10,000) board feet per day, and other products from wood residues, drying kilns and equipment	C	C	C	X
n.    Forestry, environmental and natural resource research and facilities	P	P	P	C
o.    The processing of oil, gas and geothermal resources	C	C	C	X
p.    Heliports, helipads and helispots used in conjunction with the resource activity	P	C	C	X	40.260.170
9.    Other.
a.    Signs	P	P	P	P	Chapter 40.310
b.    Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines	P	P	P	C	40.260.240
c.    Wireless communications facilities	P/C9	P/C9	P/C9	P/C9	40.260.250
d.    Dams for flood control and hydroelectric generating facilities	C	C	C	C
e.    Solid waste handling and disposal sites	C	C	C	C	40.260.077 40.260.200
f.    Private use landing strips for aircraft	C	C	C	X	40.260.170
g.    New cemeteries and mausoleums, crematoria, columbaria, and mortuaries within cemeteries; provided, that no crematorium is within two hundred (200) feet of a lot in a residential district	X	C10	X	C
h.    Expansion of existing cemeteries	P	P	P	P
i.    Temporary uses	P	P	P	P	40.260.220
j.    Electric vehicle infrastructure	P	P	P	P	40.260.075
k.    Medical marijuana cooperative	X	X	X	X	40.260.115
l.    Marijuana production facilities	X	P	P	X	40.260.115
m.    Marijuana processor 1 facilities	X	X	P	X	40.260.115
n.    Marijuana processor 2 facilities	X	X	X	X	40.260.115
o.    Marijuana retailer facilities	X	X	X	X	40.260.115

1 One (1) single-family dwelling on legal lot or legal nonconforming lot of record.

2 One (1) guest house in conjunction with a single-family dwelling or home.

3 Public, where no public master planning process has been completed, or private outdoor recreational facilities requiring limited physical improvements which are oriented to the appreciation, protection, study or enjoyment of the fragile resources of this area. In addition to those findings as specified by Section 40.520.030 (Conditional Use Permits), such uses shall be approved only upon the applicant establishing both of the following:

o    There will be no significant environmental impact, especially as it relates to wildlife, resulting from the proposed use; and

o    The subject site cannot be put to any reasonable economic use which is provided for in this section.

4 Government facilities necessary to serve the area outside urban growth boundaries, including fire stations, ambulance dispatch facilities and storage yards, warehouses, or similar uses.

5 Limited to fire stations only.

6 Agriculture including: floriculture, horticulture, general farming, dairy, the raising, feeding and sale or production of poultry, livestock, furbearing animals, and honeybees including feedlot operations, animal sales yards, Christmas trees, nursery stock and floral vegetation and other agricultural activities and structures accessory to farming or animal husbandry.

7 Additional surface mining and associated activities subject to zone change to add the surface mining overlay district, Section 40.250.022.

8 Commercial uses supporting resource uses, such as packing, first stage processing and processing which provides value added to resource products. Chippers, pole yards, log sorting and storage, temporary structures for debarking, accessory uses including but not limited to scaling and weigh operations, temporary crew quarters, storage and maintenance facilities, disposal areas, saw mills producing ten thousand (10,000) board feet per day or less, and other uses involved in the harvesting of forest products.

9 See Table 40.260.250-1.

10 A new cemetery, subordinate to a church in existence as of January 1, 2019, may be permitted subject to the approval of a conditional use permit.

(Amended: Ord. 2004-06-10; Ord. 2005-04-12; Ord. 2006-05-01; Ord. 2006-09-13; Ord. 2008-12-15; Ord. 2009-12-01; Ord. 2009-12-15; Ord. 2010-10-02; Ord. 2011-03-09; Ord. 2011-06-14; Ord. 2011-08-08; Ord. 2011-12-09; Ord. 2012-02-03; Ord. 2012-06-02; Ord. 2012-07-03; Ord. 2012-12-23; Ord. 2013-07-08; Ord. 2014-01-08; Ord. 2014-05-07; Ord. 2014-11-02; Ord. 2016-09-04; Ord. 2018-01-09; Ord. 2018-10-02; Ord. 2019-03-05; Ord. 2019-07-01; Ord. 2020-03-08; Ord. 2023-11-28)

C.    Development Standards.

1.    New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Tables 40.210.010-2 and 40.210.010-3, subject to the provisions of Chapter 40.200 and Section 40.550.020.

Table 40.210.010-2. Lot Requirements
Zoning District	Use/Activity	Minimum Lot Area (acres)	Minimum Lot Width (feet)	Minimum Lot Depth (feet)
FR-80	All Uses	801 or legally described as one-eighth (1/8) of a section	6602	None
FR-40	All Uses	401 or legally described as one-sixteenth (1/16) of a section	6602	None
AG-20	All Uses	201 or legally described as one-thirty-second (1/32) of a section	6602	None
AG-WL	Agricultural	20 or legally described as one-thirty-second (1/32) of a section	None	None
	Wildlife game management	20 or legally described as one-thirty-second (1/32) of a section	None	None
	Public interpretive/educational uses	N/A	None	None
	Single-family dwellings	160 or legally described as one-fourth (1/4) of a section	None	None
	Plant nurseries	20 or legally described as one-thirty-second (1/32) of a section	None	None
	Silviculture	20 or legally described as one-thirty-second (1/32) of a section	None	None
	Public recreation accessways and associated parking and trails	N/A	None	None

1 The following uses may be permitted on newly approved lots of less than the minimum parcel size:

a.    Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities.

b.    Dams for flood control and hydroelectric generating facilities.

2 Minimum lot width – One hundred forty (140) feet for legal lots created under Section 40.210.010(D).

(Amended: Ord. 2006-05-01; Ord. 2007-11-13)

Table 40.210.010-3. Setbacks, Lot Coverage and Building Height
Zoning District	Minimum Setbacks1				Maximum Lot Coverage	Maximum Building Height (feet)
	Front (feet)	Side		Rear (feet)
		Street (feet)	Interior (feet)
FR-80	502	25	503	503	N/A	354
FR-40	502	25	503	503	N/A	354
AG-20	502	25	503	503	N/A	354
AG-WL	None	None	None	None	N/A	None

1 See Section 40.530.010(D)(2) for nonconforming lots.

2 From public road right-of-way or private road easement.

3 All structures.

4 Residential buildings only.

(Amended: Ord. 2005-05-20; Ord. 2010-08-06)

2.    Signs. Signs shall be permitted according to the provisions of Chapter 40.310.

3.    Previous Land Divisions.

a.    Within the FR-80, FR-40 and AG-20 districts, until the affected property is included within an urban growth boundary, no remainder lot of a previously approved agriculture or forest district “cluster” land division or lot reconfiguration shall be:

(1)    Further subdivided or reduced in size below seventy percent (70%) of the total developable area of the original parent parcel constituting the cluster subdivision; or

(2)    Reduced by a total of more than one (1) acre.

b.    Applications for reduction in remainder lot size consistent with this provision shall be processed as a plat alteration pursuant to Section 40.540.120.

c.    Exceptions to Subsections (C)(3)(a) and (b) of This Section. A remainder lot with an existing residence may be short platted further to contain the residence on its own lot, subject to the following:

(1)    Process. Creation of the new lot is subject to the requirements of Section 40.540.030.

(2)    Lot Size. The new lot shall be sized to require the minimum reduction in the remainder lot, but still meet minimum requirements of this section and for on-site sewage disposal as required by the Clark County Public Health.

(3)    The new lot may not include critical areas unless no other alternative exists. If no alternative is available, encroachment into these areas shall be limited to the least amount possible consistent with applicable critical areas ordinances.

(4)    A building envelope containing the existing residence and accessory buildings shall be established within the new lot, subject to the following:

(a)    A minimum one hundred (100) foot setback between the envelope and the remainder parcel is maintained, unless it can be shown that a lesser setback with existing or proposed landscaping or existing vegetation will provide the same or greater buffering. In no case shall a setback less than fifty (50) feet be approved.

(b)    A minimum twenty (20) foot setback between the envelope and other cluster lots is maintained.

(5)    A note shall be placed on the plat stating the following:

The residential property is adjacent to agricultural or forest lands on which a variety of resource-related activities may occur that are not compatible with residential development. Potential discomforts or inconvenience may include, but are not limited to: Noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four (24) hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.

(6)    An open space, farm or forest management plan is required for the remainder parcel, which shall prohibit additional residential development. The plan shall be submitted and approved with the preliminary application. The plan shall identify permitted uses and management of the parcel so that it maintains its open space or other designated functions and provides for the protection of all critical areas. The management plan shall identify the responsibility for maintaining the remainder parcel. The plan shall also include any construction activities (trails, fencing, agricultural buildings) and vegetation clearing that may occur on site. All subsequent activities must be conducted in conformance with the approved management plan. Management plans may be modified through a Type II process. A note shall be placed on the plat and a restrictive covenant shall be recorded that clearly states that only the above uses are permitted on the remainder parcel. The note and covenant shall also incorporate the management plan, as described above.

4.    Nonconforming lots may be reconfigured pursuant to Section 40.210.010(D).

(Amended: Ord. 2005-04-12; Ord. 2011-08-08; Ord. 2014-01-08; Ord. 2018-01-09; Ord. 2018-10-02)

D.    Nonconforming Lots – Lot Reconfiguration Standards.

1.    Purpose. It is in the public interest to encourage the protection of sensitive lands, expand the amount of commercially viable resource land under single ownership, reduce the amount of road and utility construction and, within the FR-80, FR-40 and AG-20 districts, to protect and buffer designated resource lands.

2.    Lot Reconfiguration. Except for previously approved agricultural or forest zoned clusters or rural residential planned unit developments, these substandard lots may be modified where consistent with the following criteria. Parcels which meet all of the following criteria are eligible for reconfiguration and reduction in size subject to a Type II review:

a.    Existing parcel(s) is:

(1)    Smaller than the minimum lot size established for new lots in the applicable zoning district. Parcels which meet the minimum lot size may be adjusted as a part of this process, but may not be decreased below the established minimum lot size.

(2)    Determined to be legally created, and be reasonably buildable. Within the FR-80, FR-40 and AG-20 districts, this section authorizes lot reconfiguration only where existing divisions are determined to have a reasonable probability of developing. For the purposes of this section the review authority shall determine whether the existing lots are reasonably buildable by considering the following: road access, septic suitability, topography, costs of providing infrastructure and the presence of sensitive land.

b.    Proposed parcel(s) results in the following:

(1)    No additional parcels;

(2)    Have septic suitability approval;

(3)    Have adequate potable water at the time of occupancy, subject to Section 40.370.020;

(4)    Each resulting legal nonconforming parcel shall be at least one (1) acre in size with a minimum width of at least one hundred forty (140) feet; and

(5)    In addition, within the FR-80, FR-40 and AG-20 districts:

(a)    The location of the resulting reconfigured lots shall have the least impact on sensitive and resource lands;

(b)    Access to reconfigured lots shall meet the minimum standards necessary to obtain a building permit;

(c)    The remainder lot shall not be further subdivided or reduced in size unless the affected property is included within an urban growth boundary;

(d)    Reconfigured lots shall not be further adjusted by boundary line adjustment without approval under this section.

c.    Reconfigured lots shall result in achieving one (1) or more of the identified public interest issues in Section 40.210.010(D)(1).

3.    Lot Requirements. The setback, dimensional, use and height standards for these lots shall be as established for the Rural-5 (R-5) district except that reductions in side and rear setbacks shall be granted where necessary to permit construction of a dwelling on the parcel; providing, when the parcel is abutting, or surrounded by, property zoned for resource uses, the minimum setback from those property lines shall be fifty (50) feet for all structures.

4.    The review authority may impose conditions on the lot reconfiguration to further the purposes of this section.

5.    Lot reconfigurations shall be finalized upon the filing of a record of survey or covenant.

(Amended: Ord. 2018-10-02)

E.    Land Divisions in the AG-20 and FR-40 Zones.

1.    Applicability.

a.    The provisions of this subsection shall apply to all land divisions in the AG-20 and FR-40 zoning districts after July 1, 2016.

b.    Available options for land division are authorized:

(1)    Pursuant to Chapter 40.540; or

(2)    Pursuant to Chapter 40.540 and by using the cluster provisions in Section 40.210.010(E)(4).

c.    In the AG-20 zoning district:

(1)    Land divisions that result in parcels twenty (20) acres (or lots capable of being described as one-thirty-second (1/32) of a section) in size or larger are allowed under the exemption provisions of Section 40.540.020(B)(4)(b).

(2)    Land divisions that result in parcels less than twenty (20) acres in size must be platted and meet the additional requirements of this chapter.

d.    In the FR-40 zoning district, land divisions that result in parcels less than forty (40) acres in size must be platted and meet the additional requirements of this chapter.

e.    Previously approved cluster or lot reconfiguration remainder lots are not eligible to use the provisions of this section.

2.    Definitions. For the purposes of this subsection, the following definitions shall apply:

Critical lands	“Critical lands” mean those lands classified by Subtitle 40.4.
Remainder parcel	“Remainder parcel” means the remainder parcel of the cluster subdivision that contains the majority of the land within the development and is devoted to resource or open space use.

3.    Development Standards for Subdivisions or Short Plats. Subdivisions and short plats are allowed pursuant to Chapter 40.540. The density shall be based on one hundred percent (100%) of the gross area of the site.

4.    Development Standards for Clustering.

a.    Cluster developments are allowed at a maximum density equivalent to that which would be permitted by applying the otherwise applicable minimum lot size requirements of this section. The density shall be based on one hundred percent (100%) of the gross area of the site.

b.    Cluster lots shall be created, as follows:

(1)    To minimize conflicts between housing and agricultural or forest uses;

(2)    Along parent property boundary lines, adjacent to existing roads, and to minimize the need for new roads and driveways;

(3)    To have building envelopes that avoid critical areas;

(4)    On parcels with an existing house, one (1) of the cluster lots has to include the existing house;

(5)    To be adjacent to each other and to any preexisting residence, unless the location of the existing residence would preclude compliance with the other provisions of this subsection;

(6)    If located on agriculturally zoned land, to be limited to lands with poor soils or soils otherwise unsuitable for agricultural purposes; and

(7)    Each cluster lot shall contain a buffer from abutting resource uses.

c.    Remainder Parcel.

(1)    The remainder parcel shall be contiguous. Fragmentation of the parcel by public or private road easements and/or building sites shall not occur unless no other reasonable alternative exists. Remainder parcels shall also be located adjacent to other bordering remainder parcels or public parks and open space, if practical.

(2)    The remainder parcel shall be nonbuildable and used for the agriculture and forestry uses as listed in Table 40.210.010-1(8)(a), (b) and (d), or as open space.

(3)    A farm or forest management plan is required for the remainder parcel. The plan shall be submitted and approved with the preliminary application. The plan shall:

(a)    Identify permitted uses and management of the parcel so that it maintains designated agricultural or forest functions and provides for the protection of all critical areas;

(b)    Identify the responsibility for maintaining agriculture or forest uses on the parcels; and

(c)    Include any construction activities (for example, fencing or agricultural buildings) and vegetation clearing that may occur on site.

    If in current use, the plan submitted for the current use taxation program shall suffice for meeting this requirement.

(4)    A note shall be placed on the plat that the remainder parcel shall not be further subdivided or reduced in size unless brought into an urban growth area. In addition, a restrictive covenant shall be recorded that clearly states that only the above uses are permitted on the parcel. The note and covenant shall also incorporate the management plan, as described above.

d.    Lot Requirements. New lots and structures and additions to structures subject to this section shall comply with the applicable standards for lots and building height, and setbacks in Tables 40.210.010-4 and 40.210.010-5, subject to the provisions of Chapter 40.200 and Section 40.550.020.

Table 40.210.010-4. Lot Requirements – FR-40 and AG-20 Cluster Developments
Lot Type	Lot Size	Minimum Lot Width (feet)	Minimum Lot Depth (feet)
Cluster Lot	1 acre1	140	140
Remainder Lot	85% or greater of the parent parcel2	None	None

1 Unless a larger size is required by Clark County Public Health. In no case shall a cluster lot exceed one-and-one-half (1.5) acres in size. Cluster lots can use right-of-way to meet the minimum lot size as permitted by Section 40.200.040(C)(1).

2 The minimum standard for remainder parcels controls the maximum size of cluster lots.

Table 40.210.010-5. Setbacks, Lot Coverage and Building Height – FR-40 and AG-20 Cluster Developments
Zoning District and Lot Type	Location or Structure Type	Minimum Setbacks			Maximum Lot Coverage	Maximum Building Height (feet)
		Front (feet)	Side (feet)	Rear (feet)
FR-40 and AG-20 Cluster Lots	Residential or agricultural structures abutting a cluster lot	20	20	20	N/A	352
	Residential structures abutting a resource district	501	501	501
	Agricultural structures	20	20	20
	Vehicle entry gates	20	20	20
	All other situations	50	20	50

1 Except in cases where it can be shown that requiring the normal setback will result in the location of the building sites within inappropriate areas such as areas containing good agricultural soils, wildlife habitat or wetlands, or the dimensions of the development site render it unbuildable.

2 Residential buildings only.

e.    Design Requirements. The design requirements for cluster developments are listed below. These requirements shall be recorded on the plat.

(1)    No entryway treatments, monument or other permanent development signs are permitted. This shall not be construed to prohibit landscaping.

(2)    To the maximum practicable extent, existing historic rural features shall be preserved as part of the cluster development. These features include but are not limited to rock walls, fences, functional and structurally safe farm buildings, monuments and landscape features.

f.    Landscaping Standards. Cluster developments shall be landscaped within the cluster lots to reduce views of the development from public right(s)-of-way, so that a filtered view is provided of the cluster and the cluster does not dominate the landscape.

(1)    At a minimum, proposed or existing landscaping and vegetation shall be of sufficient size and type to provide a buffer of vegetation six (6) feet in height and fifty percent (50%) opaque year-round within three (3) years of planting. New landscaping materials shall consist of native vegetation as provided on the Clark County plant list (see the Standard Details Manual). A combination of trees and shrubs must be used.

(2)    All landscaping shall be installed prior to final plat unless financial guarantees are made for its installation prior to any building permit activity. Any required landscaping materials that fail to survive within the first two (2) years shall be promptly replaced.

g.    Notice of Resource Activities. For any areas abutting property zoned for agricultural or forestry uses, the following notice shall be recorded as part of the developer covenants to Clark County for each parcel within the cluster:

The subject property is adjacent to commercial agricultural or forest lands on which a variety of commercial activities may occur that are not compatible with residential development. Potential discomforts or inconvenience may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four (24) hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.

(Amended: Ord. 2016-06-12; Ord. 2017-07-04; Ord. 2018-10-02)