Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Appendix A
Appendix B
Appendix C
Appendix D (Sewer Facilities and Non-Residential Wastewater Discharge Ordinance)
Appendix E (Backflow and Cross-Connection Control Ordiance)
Appendix F (Water Facilities)
20.01 General Provisions; Consistency with Master Plan; Right to Farm
20.02 Development Permits
20.04 Application Process and Official Filing Date
20.06 Decision by the Director
20.08 Review by Advisory Body
20.10 Review and Decision by Planning Commission
20.100 Public Facilities and Improvement Standards
20.12 Review and Decision by Board of County Commissioners
20.14 Conditional Approval
20.20 Notice Provisions
20.200 Surveys
20.220 Installing Utilities Underground
20.24 Public Hearing Procedures
20.28 Post Decision Proceedings
20.30 Expiration of Approval of Development Permit
20.300 Impact Fees
20.32 Revocation of Permit
20.34 Enforcement
20.38 Board of Adjustment
20.40 Fees
20.400 Development Agreements
20.44 Rounding of Quantities
20.440 Density Bonus Agreements
20.460 Reimbursement Agreements
20.470 Maintenance Districts
20.471 Maintenance District 1 - Monterra
20.50 Floodplain Management
20.500 Transfer Development Rights
20.550 Growth Management
20.560 Building Permit Allocation and Growth Management
20.600 General Provisions
20.602 Pre-application Conference
20.604 Special use permits
20.606 Variances
20.608 Amendment to Master Plan
20.610 Zoning Administration
20.612 Specific Plan
20.614 Design Review
20.618 Sign Permit
20.620 Temporary Use Permit
20.650 Zoning Districts and Standards
20.654 Agriculture and Forestry and Range Districts
20.656 Residential Districts
20.658 Non-Residential Districts
20.660 Use Regulations
20.662 Agricultural, Forest and Range, and Residential Land Use District Specific Standards (Table)
20.664 Agricultural, Forest and Range, and Residential Land Use Specific Standards
20.666 Non-Residential Specific Standards for Permitted, Development Permitted and Special use permit Uses (Table)
20.668 Non-Residential Uses Specific Standards
20.672 Livestock Overlay (LO) Zoning District
20.674 Manufactures Housing (MH) District
20.675 Mixed-use Commercial (MUC) Overlay District
20.676 Planned Development (PD) Overlay District
20.678 Residential Office (RO) Overlay District
20.680 Genoa Historic (GH) Overlay District
20.682 Clustered Residential Subdivision (CR) Overlay
20.685 Gaming District (GD) Overlay
20.690 Property Standards
20.691 Property Maintenance
20.692 Off-Street Parking and Loading
20.694 Landscape Standards
20.696 Sign and Advertising Control
20.698 Nonconforming Uses and Structures
20.700 Applicability and Procedures
20.702 Zoning Districts and Standards
20.703 Tahoe Area Plan Regulations
20.704 General Provisions
20.708 Subdivision Application Procedure and Approval Process
20.712 Parcel Maps
20.714 Division of Agricultural Land for Conservation Purposes
20.716 Division of Land into Large Parcels
20.718 Division of Land for Agricultural Purposes
20.720 Assurance for Completion and Maintenance of Improvements
20.768 Land Readjustment
20.770 Boundary Line Adjustment
20.800 General Provisions
20.810 Administration
20.820 Building Permits
20.830 Site Improvement Permits
20.840 Encroachment Permits
20.900 Numbering Structures and Naming Streets
Effective Date
Table of Ordinances
Index



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County Codes
Title 20 Consolidated Development Code
20.604 Special use permits
20.604.010 Purpose and intent
20.604.020 Limits on authority
20.604.030 Status of specially permitted uses
20.604.040 Application for special use permit
20.604.050 Procedures for special use permits
20.604.060 Findings
20.604.070 Decision on special use permit and appeal
20.604.075 Amendments and revisions to a special use permit

20.604.010 Purpose and intent
    A. Specially permitted uses are those uses which are generally compatible with the land uses permitted by right in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions to ensure the appropriateness of the use at a particular location within a given zoning district.     
    B.  Only those uses that are enumerated as special permitted uses in a particular zoning district or those nonconforming uses which are permitted to be reestablished or expanded pursuant to chapter 20.698 shall be authorized. A special use permit shall not be required for a use allowed as a permitted use in a given zoning district. No specially permitted use must be established until a special use permit is issued in accordance with the provisions of this chapter. (Ord. 1319, 2010; Ord. 763, 1996; Ord. 641; 1994; Ord. 295, 1978; Ord. 167, 1968)
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20.604.020 Limits on authority
    A.  The planning commission, and the board when a special use permit is associated with an application that requires a hearing by the board or on appeal, shall have no authority to vary, modify or waive any of the regulations or standards prescribed for any use for which a special use permit is required and any purported such modification, variance or waiver shall be void. 
    B.  This provision must not prevent the property owner from concurrently applying for a variance pursuant to chapter 20.606. (Ord. 1319, 2010; Ord. 763, 1996)
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20.604.030 Status of specially permitted uses
    A.  The designation of a use in a land use district as a specially permitted use does not constitute an authorization or assurance that such use will be approved.     
    B.  Approval of a special use permit must authorize only the particular use for which the permit is issued. 
    C.  No use authorized by a special use permit shall be enlarged, extended, increased in intensity or relocated unless an application is made to modify the special use permit in accordance with the procedures set forth in this code. 
    D.  Development of the use must not be carried out until the applicant has secured all the permits and approvals required by this title, the Douglas County code, or regional, state and federal agencies. (Ord. 1319, 2010; Ord. 763, 1996)
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20.604.040 Application for special use permit
    A.  An application for a special use permit may be submitted by the property owner or by an agent on the owner’s behalf. 
    B.  The application must be processed as provided in chapter 20.04. 
    C.  If the proposed use requires a division of land as provided in this title, an application for a land division permit shall be submitted in conjunction with the application for a special use permit. Approval of the special use permit shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the special use permit shall take effect upon final approval of the phase of the land division containing the property on which the specially permitted use is to be located. (Ord. 1319, 2010; Ord. 763, 1996; Ord. 295, 1978; Ord. 167, 1968)
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20.604.050 Procedures for special use permits
    A.  The director must submit his report to the planning commission containing the required findings and recommendations on each application for a special use permit.  
    B.  The planning commission must hold a public hearing not later than 65 days after the application has been deemed complete.  Published and personal notice of the public hearing must be given in the manner provided in chapter 20.20.  The public hearing must be conducted in accordance with chapter 20.24.
    C.  When a special use permit is associated with an application that requires a hearing by the board or on appeal, the application shall be processed in accordance with chapter 20.12.  (Ord 1319, 2010; Ord. 763, 1996)
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20.604.060 Findings
When considering applications for a special use permit, the commission or board, where applicable, must evaluate the impact of the special use on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location and make the following findings: 
    A.  The proposed use at the specified location is consistent with the policies embodied in the adopted master plan and the general purpose and intent of the applicable district regulations; 
    B.  The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both, to mitigate such impacts; 
    C.  The proposed use will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; 
    D.  The proposed use incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets;     
    E.  The proposed use incorporates features to minimize adverse effects, including visual impacts and noise, of the proposed special use on adjacent properties; 
    F.  The project is not located within an identified archeological or cultural study area, as recognized by the county. If the project is located in a study area, an archeological resource reconnaissance has been performed on the site by a qualified archeologist and any identified resources have been avoided or mitigated to the extent possible per the findings in the report; 
    G.  The proposed special use complies with all additional standards imposed on it by the particular provisions of this chapter and all other requirements of this title applicable to the proposed special use and uses within the applicable base zoning district, including but not limited to, the adequate public facility policies of this title; and 
    H.  The proposed special use will not be materially detrimental to the public health, safety, convenience and welfare, and will not result in material damage or prejudice to other property in the vicinity. (Ord 1319, 2010; Ord. 801, 1997; Ord. 763, 1996; Ord. 295, 1978; Ord. 167, 1968)
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20.604.070 Decision on special use permit and appeal
The planning commission must render its decision on the special use permit application in accordance with chapter 20.10, and may impose conditions in accordance with chapter 20.14. If the appropriateness of the use cannot be assured at the location, the application for special use permit shall be denied as being incompatible with existing uses or uses permitted by right in the district. Appeal must be to the board of adjustment in accordance with chapter 20.12.  The planning commission is the final decision maker, unless an application for a special use permit is associated with an application that requires a hearing by the board, or the final decision of the planning commission is appealed, then the planning commission must forward a recommendation to the board.  (Ord. 1319, 2010; Ord.763, 1996; Ord. 339, 1980; Ord. 249, 1976; Ord. 203, 1973; Ord. 167, 1968)
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20.604.075 Amendments and revisions to a special use permit
Applications for amendments and revisions to a special use permit must be processed in conformance with the provisions of section 20.28.040.  (Ord. 1319, 2010)
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