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
20.606 Variances
20.606.010 Major and minor variances
20.606.020 Application for variance
20.606.030 Procedures for minor variance
20.606.040 Procedures for major variance
20.606.050 Findings for variances
20.606.060 Decision on variance
20.606.070 Limitations on variance

20.606.010 Major and minor variances
    A.  Applications for variances which request reductions to the requirements of the base zoning district of 35% or less for off-street loading, 20% or less for building setback or fence height, or 10% or less for off-street parking or open space area, are minor variances and may be approved administratively by the director. An increase in accessory dwelling floor area of 10% or less in cases where there is an existing accessory building proposed to be converted to an accessory dwelling is also considered to be a minor variance. 
    B.  All other applications for variances, including those related to sign permits, are major variances and must be approved by the planning commission, the final decision-maker. The director must be responsible for processing such applications for major variances. (Ord. 1319, 2010; Ord. 1238, 2008; Ord. 801, 1997; Ord. 763, 1996; Ord. 199, 1973)
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20.606.020 Application for variance
An application for a variance may be submitted by the property owner or an agent authorized in writing to act on the owner’s behalf to the community development department in accordance with chapter 20.04. (Ord. 763, 1996; Ord. 199, 1973)
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20.606.030 Procedures for minor variance
The director must render a decision on each minor variance application in accordance with chapter 20.06 and may impose conditions pursuant to chapter 20.14. Appeal of the decision must be to the planning commission in accordance with the procedures set forth in section 20.28.020. Notice of the filing of the application must be made in accordance with section 20.20.040. (Ord. 1319, 2010; Ord. 763, 1996; Ord. 199, 1973)
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20.606.040 Procedures for major variance
    A.  The director must submit his report to the planning commission containing the county staff’s findings and recommendations on each application for a major variance in the manner provided in chapter 20.10. 
    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 variance 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; Ord. 199, 1973)
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20.606.050 Findings for variances
    A.  The director must not approve a minor variance unless undue hardship is self-evident and the following findings are met: 
        1.  The granting of the variance will not substantially impair the intent and purpose of this title or the goals, policies and objectives embodied in the master plan; 
        2.  The variance is not requested exclusively on the basis of economic hardship to the applicant; and 
        3.  The variance does not result in the establishment of a use (including lot size) which is not permitted within the specific zoning district.
    B.  The planning commission must not approve a major variance unless it finds that: 
        1.  By reason of exceptional narrowness, shallowness, or shape of the property in question, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the property in question, the strict application of the provisions of that title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the applicant; 
        2.  The circumstances or conditions do not apply generally to other properties in the same land use district; and
        3.  The granting of the variance will not result in material damage or prejudice to other properties in the vicinity, substantial impairment of natural resources or be detrimental to the public health, safety and general welfare. (Ord. 1319, 2010; Ord. 763, 1996; Ord. 533, 1991; Ord. 199, 1973)
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20.606.060 Decision on variance
The planning commission must approve, conditionally approve or deny the application for major variance. The commission may impose conditions in accordance with chapter 20.14 and section 20.606.070. Appeal of the decision 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 variance 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. 801, 1997; Ord. 763, 1996; Ord. 199, 1973)
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20.606.070 Limitations on variance
    A.  No minor or major variance shall be granted that allows a land use prohibited in the zoning district in which it is located or that changes any boundary of the district, nor shall any variance be granted that changes the density of residential use or that changes the intensity of non-residential use. Any variance so granted is null and void, and any activities undertaken pursuant to such variance must be deemed in violation of this title. 
    B.  The planning commission, in approving a major variance, and the director, in approving a minor variance, must impose the following conditions: 
        1.  Where no other discretionary permit is required, the variance will expire and become null or void if the project does not comply with the provisions of chapter 20.30. 
        2.   Where approved concurrent with another discretionary permit, the variance shall run with the time established for the other permit; and 
        3.  Conformance to plans approved as a part of the variance.
    C.  No variance shall be granted which alters or modifies the procedures under Part I or Part II of this title. (Ord. 1319, 2010; Ord. 801, 1997; Ord. 763, 1996; Ord. 641, 1994; Ord. 533, 1991; Ord. 392, 1981; Ord. 199, 1973; Ord. 167, 1968)
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