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
20.664 Agricultural, Forest and Range, and Residential Land Use Specific Standards
20.664.010 Accessory dwellings
20.664.020 Accessory structures
20.664.030 Bed and breakfast
20.664.040 Clustered development
20.664.050 Day care center
20.664.060 Density bonus
20.664.070 Front and rear yard averaging provisions
20.664.080 Golf courses and related facilities
20.664.085 Home Occupations
20.664.090 Large group care or group home
20.664.095 Lot size averaging in the A-19 zoning district
20.664.100 Manufactured homes and manufactured housing
20.664.110 Manufactured home park design standards
20.664.120 Multi-family housing (multi-family residential zoning district)
20.664.125 Multi-family housing (mixed-use commercial zoning district)
20.664.140 Recreational vehicles
20.664.150 Recreational vehicle storage facilities
20.664.155 Single family residential- traditional design standards
20.664.157 Independent congregate senior living community
20.664.160 Stationary tank storage (above ground)
20.664.170 Telecommunications sites
20.664.180 Telecommunications facilities
20.664.200 Wind energy conversion system, commercial
20.664.210 Wind energy conversion system, commercial use test site
20.664.220 Wind energy conversion system, micro
20.664.230 Wind energy conversion system, small
20.664.240 Special Occasion Home.
20.664.260 Solar Photovoltaic Facility

20.664.010 Accessory dwellings
    A.  In agricultural and forest and range zoning districts where an open agricultural use is conducted on the same parcel or on a contiguous parcel under the same ownership as the parcel on which the accessory dwelling is to be placed, the accessory dwelling shall conform to the following standards: 
        1.  Accessory dwellings which are used to house persons, and their families, significantly employed for open agricultural work on the property may contain up to 2,500 square feet of livable area; 
        2.  The accessory dwelling shall be provided with one off-street parking space in addition to that required for the main dwelling. No variance or minor exception may be filed to allow parking within the required front or side yard setbacks. 
        3.  If the accessory dwelling is a trailer or manufactured home, the accessory dwelling must be removed when the open agricultural use is terminated for a period of more than 180 days.
    B.  In the agricultural or forest and range zoning districts where an open agricultural use is not conducted on the same parcel or on a contiguous parcel under the same ownership as the parcel on which the accessory dwelling is to be placed, the accessory dwelling shall conform to the residential accessory dwelling standards of paragraph C, below.     
    C.  Residential zoning districts. Accessory dwellings within residential zoning districts shall be constructed in compliance with the following standards: 
        1.  No more than one accessory dwelling is permitted on any parcel or lot. 
        2.  An accessory dwelling may only be permitted on a parcel on which there is an owner occupied single-family detached dwelling unit (main unit). 
        3.  An accessory dwelling unit is not permitted on parcels containing two or more dwelling units. 
        4.  The parcel upon which the accessory dwelling unit is to be established shall conform to all standards of the land use district in which it is located, except for parcel size and dimensions, and provided the parcel contains a minimum of one-half (0.50) net acres. 
        5.  The accessory dwelling shall be limited to a maximum of 800 square feet in the SFR ½, SFR-1, SFR-2, RA-5, and RA-10 zoning district with a one-half (.50) net acres parcel; and 1000 square feet for parcels two net acres or greater in size and within the following residential zoning districts: SFR-2, RA-5, and RA-10;
6. The accessory dwelling shall be compatible with the architecture and materials of the main dwelling.
7.  The accessory dwelling shall be provided with one off-street parking space in addition to that required for the main dwelling. No variance or minor exception may be filed to allow parking within the required front or side yard setbacks. 
        8.  The accessory dwelling may be metered separately from the main dwelling for gas, electricity, water and sewer services. 
        9.  Either the principle or the accessory dwelling must be occupied by the owner of the parcel. 
        10.  Where the accessory dwelling is proposed on a parcel served by an individual well, the applicant shall submit a letter or other evidence that separate service is approved by the state engineer. 
        11.  A detached accessory dwelling may be located in a rear or side yard. A detached accessory dwelling may be located in a front or street side yard of a parcel that is a minimum of one net acre in area and is located within a zoning district with a minimum parcel size of one net acre or larger, if the following requirements can be met. 
            a.  The accessory dwelling is placed to the side of the primary residence such that it does not block the front of the primary residence as viewed from the street. 
            b.  The accessory dwelling does not cover more than 20 percent of the front or street side-yard and meets the minimum setbacks required of the zoning district. 
            c.  The separation between structures must meet the minimum Building Code requirements. 
    D.  This title shall not validate any existing illegal accessory dwelling. (Ord. 1407, 2014; Ord. 1182, 2006; Ord. 1167, 2006; Ord. 801, 1997; Ord. 763, 1996; Ord. 659, 1994; Ord. 641, 1994; Ord. 529, 1991; Ord. 424, 1984; Ord. 167, 1968)
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20.664.020 Accessory structures
    A. Accessory structures in residential zoning districts must be compatible with the color and architecture of the main dwelling of the property. Accessory structures may only be constructed on a lot containing a main dwelling unit. 
    B.  Accessory structures are subject to the minimum requirements of the zoning district in which it is located. However, accessory structures less than 15 feet in height may be located no closer than five feet from the side and rear property lines within the rear yard, provided that the structures are not closer than ten feet to any other structure, or located closer than the Building Code allows, whichever is more restrictive. In areas zoned residential, no more than 50 percent of the rear yard area may be covered with accessory structures. 
    C.  Arch structures must not exceed 20 feet in overall height. 
    D.  Accessory structures used as gate support columns must not exceed 80 square feet of floor area and must not exceed 10 feet in overall height. Entry gates may exceed the maximum allowable height of the fencing on adjacent fence panels by a maximum of 18 inches. 
    E.  A detached accessory structure may be located in a rear or side yard. A detached accessory structure may be located in a front or street side yard of a parcel that is a minimum of one net acre in area and is located within a zoning district with a minimum parcel size of one net acre or larger, if the following requirements can be met: 
        1.  The accessory structure is placed to the side of the primary residence such that it does not block the front of the primary residence as viewed from the street. 
        2.  Accessory structures do not cover more than 20 percent of the front or street side-yard and meet the minimum setbacks required of the zoning district. 
        3.  The separation between structures must meet the minimum Building Code requirements.    
    F.  An accessory structure may contain a wet bar. An accessory structure with a kitchen is considered an accessory dwelling. Please refer to Appendix A for the definitions of “wet bar” and “kitchen.” (Ord.1407, 2014; Ord. 1182, 2006; Ord. 1167, 2006; Ord. 957, 2001; Ord. 763, 1996; Ord 167, 1968)
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20.664.030 Bed and breakfast
    A.  Bed and breakfast inns are subject to the following operational requirements: 
        1.  The facility shall be operated at all times by the resident owner of the home. 
        2.  The facility must meet the requirements of all other applicable regulatory agencies, including the state division of health. 
        3.  All lighting must be indirect with filaments shielded from surrounding properties and public streets. 
        4.  No room may be rented for a period longer than 21 consecutive days at a time. 
        5.  One sign is allowed with a size no larger than 24 inches by 36 inches.
    B.  The hearing body may approve the following accessory uses, however these accessory uses must be specifically included as part of the special use permit request submitted by the applicant. The hearing body’s approval of these uses is subject to the findings as required with the special use permit: 
        1.  Special events. 
            a.  Weddings and receptions; 
            b.  Civic, business, corporate and religious or other retreats; 
            c.  Seminars; 
            d.  Private catered dinners; 
            e.  Small seasonal parties. 
            f.  The number of guests permitted at the functions listed above may be limited as part of the special use permit approval.
        2.  Operational requirements. 
            a.  The hours of operation for events that may have music, such as weddings, must not be earlier than 8:00 am and must end no later than 8:00 pm. 
            (Ord. 1397, 2013; Ord. 801, 1997; Ord.763, 1996; Ord. 414, 1983)
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20.664.040 Clustered development
See section 20.714.020. (Ord. 1224, 2008)
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20.664.050 Day care center
Day care centers shall be constructed in the following manner: 
    A.  The facility shall conform to all property development standards of the land use district in which it is located. 
    B.  Day care facilities with more than 20 children must not be located within 300 feet of another large day care facility. 
    C.  An outdoor play area of no less than 35 square feet per child, but in no case less than 450 square feet in area shall be provided. The outdoor play area must be located in the rear area. Stationary play equipment must not be located in required side and front yards. 
    D.  Landscaping shall be provided to reduce noise impacts on surrounding properties. Fencing and walls may also be required. 
    E.  All on-site parking shall comply with the provisions of chapter 20.692 (Off-Street Parking). Large facilities shall provide on-site vehicle turnaround or separate entrance and exit points, and adequate passenger loading spaces. 
    F.  All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the use it is serving. 
    G.  All on-site signs shall comply with the provisions of chapter 20.696. 
    H.  A facility within a residential land use district may operate up to 14 hours per day. 
    I.  Outdoor activities may only be conducted between the hours of 8:30 a.m. to 8:00 p.m. 
    J.  Any facility must, when applicable, be state licensed and must be operated according to all applicable state and local health and safety regulations. (Ord. 763, 1996; Ord. 519, 1990)
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20.664.060 Density bonus
Refer to chapter 20.440 regarding the density bonus provisions of this development code. (Ord. 763, 1996)
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20.664.070 Front and rear yard averaging provisions
    A.  Front or rear yard setbacks required by the base district in Tables 20.654.010 and 20.656.010 may be averaged on the interior lots within a single-family detached or duplex subdivision. 
    B.  The front or rear yard setbacks of a group of five adjacent dwelling units may vary up to five feet from that required. The average setback of all five units shall equal the minimum required for the base district. (Ord. 763, 1996; Ord. 196, 1972; Ord. 167, 1968)
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20.664.080 Golf courses and related facilities
Golf course developments shall be constructed in the following manner: 
    A.  State-of-the-art water conservation techniques must be incorporated into the design and irrigation of the golf course. 
    B.  Treated effluent may be used for irrigation where available. 
    C.  All accessory facilities, including but not limited to, club houses, maintenance buildings, and half-way club houses shall be designed and located to ensure compatibility with the golf course setting. (Ord. 763, 1996)
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20.664.085 Home Occupations
    Home occupations may be permitted as an accessory use to a principal residential use in all zoning districts based on the following standards:
        A. The premises upon which the home occupation is conducted shall be the residence of the person conducting the home occupation.
        
B.  Home occupations shall be conducted entirely within the dwelling unit or the accessory structure with the exception of incidental storage of vehicles or trailers.  No vehicles or trailers shall be visible nor shall noise be audible, or otherwise noticeable, from adjoining properties.
        
C. The home occupation shall not exceed 25% of the gross floor area of the principal residence.
        
D. No dwelling shall be built or altered in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a non-residential use is conducted. There shall be no entrance or exit specifically provided or marked on the dwelling for the conduct of the home occupation.
        
E.  No signs relating to the home occupation shall be allowed. Customers or clients may come to the residence, however, only on an appointment basis
        
F.  No one other than a resident of the dwelling shall be employed at the premises in the conducting of the home occupation, with the following exception:
            
1)       For parcels located in the RA-5, RA-10, A-19, and FR-19/40  zoning districts, in addition to the resident employees, three additional employees may be employed at the residence. These provisions do not preclude a business owner, such as a general contractor, from having additional employees provided that those employees do not come to the residence for business purposes.
        
G. No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other device outside the dwelling unit structure, or causes fluctuations in the line voltage outside the dwelling unit structure. 
        
H. The home occupation shall not include activities that are objectionable due to glare, dust, fumes, odor, vibration or noise noticeable beyond the property line.
        
I.   The home occupation shall not include electrical or mechanical equipment which is not normally found in a residential structure, and no equipment found on the premises shall cause a change in the fire safety or occupancy classification of the dwelling unit.
        
J.  The home occupation shall not interfere with the maintenance of any required parking spaces including those located within a garage or carport.
        
K.  No vehicles, trailers or construction equipment, except those normally incidental to a residential use shall be parked so as to be visible from a public right-of-way. The home occupation shall not cause, involve or result in the outside storage of construction materials including, but not limited to electrical material, plumbing material or lumber. 
        
L.  The home occupation shall not involve the use or on-site storage of chemicals, flammable materials, or other hazardous materials except as may be permitted by the Uniform Fire Code.
        
M. The home occupation shall not generate vehicular traffic or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood.
        
N. If the home occupation is to be conducted in a rental unit, the business owner must obtain permission from the property owner. 
        O.  No home occupation shall involve automobile repair, body work, upholstering or similar automobile-related activity, nor shall it involve the handling, packaging or processing of food products except as allowed in cottage food operations as defined and regulated under Nevada Revised Statute Chapter 446.  
        
P.  Home occupations for mobile businesses may be permitted, provided that the mobile business is operated pursuant to the following  conditions of operation: 
            
1)         The mobile business must comply with all applicable requirements of any agency with regulatory or permitting authority over the conduct of that business.
            
2)          Any automotive-related services shall be limited to cleaning, detailing, and minor replacement or repair to glass or accessory parts; no mobile business operating under a home occupation shall be permitted to conduct auto repair, auto body or engine work, except on an emergency roadside repair basis.
            3)            No work shall be conducted on county-owned property, including parks, parking lots, or public rights-of-way. (Ord. 1411, 2014; Ord. 1374, 2012)
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20.664.090 Large group care or group home
Group housing developments shall be constructed in the following manner: 
    A.  The parcel upon which the group housing facility is to be established shall conform to all standards of the underlying land use district. 
    B.  The group housing facility shall conform to and comply with all local, state, and federal requirements. 
    C.  A group care development may or may not include individual dwelling units. Any development proposing individual dwelling units shall comply with the following: 
        1.  Individual dwelling units are not permitted within single-family zoning districts. 
        2.  Within the MFR zoning district, the number of dwelling units shall be based on Table 20.656.010. Where located within a designated receiving area, transfer of development rights are required. 
        3.  Within the OC and MUC zoning districts, individual dwelling units may be permitted subject to the following: 
            a.  Density shall not exceed three dwelling units per acre. 
            b.  In no event shall more than 25% of the total units (rooms) be dwelling units. 
            c.  Where located within a designated receiving area, transfer development rights are required for each dwelling unit.
    D.  The main pedestrian entrance to the development, common areas, and the parking facility shall be handicap accessible. 
    E.  Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal or intercom systems as determined by the director. 
    F.  Adequate internal and external lighting including walkways shall be provided for security purposes. The lighting shall be stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood. 
    G.  Common recreational and entertainment areas of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal 100 square feet for each living unit. 
    H.  Each residential unit shall be designed for a washing machine and dryer, or common laundry facilities of sufficient number and accessibility, consistent with the number of living units and the Uniform Building Code shall be provided. Such facilities shall have keyed access for tenants only. 
    I.  The development may provide specific internal common facilities, including but not limited to one or more of the following for the exclusive use of the residents: 
        1.  Central cooking and dining room(s). 
        2.  Beauty and barber shop. 
        3.  Small scale drug store not exceeding 1,000 square feet.
    J.  Off-street parking shall be provided in the following manner: 
        1.  One and one-quarter (1.25) parking spaces for each living unit. 
        2.  All off-street parking shall be located within 150 feet of a public entrance. 
        3.  Adequate and suitably striped paved areas for shuttle parking. Shaded waiting areas shall be provided adjacent to the shuttle stops. 
        4.  Design standards relating to and including but not limited to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, and dimensional requirements shall be consistent with the standards outlined in chapter 20.692 (Off-Street Parking). 
        5.  Group care parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens including, but not limited to medical offices, shopping areas, and mass transit.
    K.  The project shall be designed to provide adequate security for residents, guests, and employees. 
    L.  All parts of all structures shall be within 150 feet of paved access for single-story and 50 feet for multi-story. 
    M.  Notwithstanding section 20.664.090.C, individual kitchen facilities, including “wet bars,” are not permitted. (Ord. 801, 1997 Ord. 763, 1996; Ord. 688, 1995)
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20.664.095 Lot size averaging in the A-19 zoning district
Parcel maps in the A-19 zoning district are eligible for lot size averaging to preserve the integrity of the irrigation water conveyance system, subject to the following: 
    A,  The net acreage divided by the number of lots must be equal to or greater than 19 acres per lot. The minimum resulting parcel size is 5 net acres. 
    B.  Variation from minimum lot size is dependent on affirmative findings, on advice from the water conveyance advisory committee: 
        1.  That the proposed configuration of the resulting parcels is necessary to preserve the integrity of the water conveyance system, from delivery and drainage of water on the resulting parcels. 
        2.  That because of the unusual shape or topography of the parent parcel and the existing system for irrigating the parcels, division into parcels of a minimum of 19 acres would be detrimental to continued agricultural production or the delivery and drainage of irrigation water.
    C.  The location of the boundaries of the resulting parcels will be secured by deed restrictions or equivalent covenants, conditions and restrictions of record, containing the words: The boundaries of this parcel or parcels were established to preserve the integrity of the water conveyance system and may not be adjusted without the approval of the board of county commissioners. 
    D.  Parcel maps which propose lot size averaging under this section will be referred to the planning commission. (Ord. 1129, 2005)
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20.664.100 Manufactured homes and manufactured housing
Manufactured or mobile homes allowed under the provisions of this chapter shall be installed in the following manner:
    A.  Mobile or manufactured homes may be used as single-family dwellings in an MH overlay zoning district if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974. (Ord. 763, 1996; Ord. 167, 1968; Ord. 131, 1963)
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20.664.110 Manufactured home park design standards
Manufactured home parks or subdivisions shall be designed and constructed in the following manner: 
    A.  Individual manufactured home space minimum setbacks shall be measured from the edge of internal streets and space lines as follows: 
        1.  Front: Ten feet; 
        2.  Side: Five feet on each side or zero lot line on one side with 10 feet on the opposite side; 
        3.  Rear: Ten feet; 
        4.  Structural separation: Ten foot minimum between dwelling units.
    B.  Maximum manufactured home space coverage (manufactured home and its accessory structure) shall be 75 percent. 
    C.  Each manufactured home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the manufactured home being located on-grade. 
    D.  All on-site utilities shall be installed underground. 
    E.  The manufactured home park shall be provided with parking as required by chapter 20.692 (Off-street Parking). 
    F.  A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants and their invited guests. The area shall be provided in one common location with a minimum aggregate area of 200 square feet of recreational space for each manufactured home space. 
    G.  All exterior boundaries of the manufactured home park shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence or other comparable device six feet in height, with a minimum six-foot-wide landscaped area provided along the outside of the perimeter screen. 
    H.  Common open space shall be landscaped in accordance with a landscape plan approved by the director and in a manner consistent with chapter 20.694 (Landscaping Standards). 
    I.  All manufactured home park or subdivision developments shall provide recreational amenities within the site which may include but are not limited to swimming pools, spas, a clubhouse, a “tot lot” with play equipment, picnic shelter or barbecue area, court game facilities such as tennis, basketball, or racquetball, improved softball or baseball fields, or day care facilities. The type and number of amenities shall be approved by the board and provided according to the following schedule:

    

Units

Number of Amenities

0-9

  0

10-50

  1

51-100

  2

101-200

  3

201-300

  4


One amenity shall be added for each 100 additional units or fraction thereof. (Ord. 763, 1996; Ord. 131, 1963)

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20.664.120 Multi-family housing (multi-family residential zoning district)
Multi-family housing within a multi-family residential zoning district is subject to design review and shall be constructed in the following manner: 
    A. All multi-family developments with 12 or more dwelling units must provide 25 percent of the project site as useable open space for passive and active recreational uses. Useable open space areas must not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than 8 percent. 
    B.  Each dwelling unit must have a private, walled patio or balcony in accordance with the following: 
        1.  Ground floor units must have a patio or balcony not less than 150 square feet in area or 25 percent of the dwelling unit size, whichever is less. 
        2.  All other units must have a patio or balcony not less than 75 square feet in area.
    C.  All multi-family developments must provide recreational amenities within the site which may include a swimming pool, spa, club house, tot lot with play equipment, picnic shelter or barbecue area, court game facilities such as tennis, basketball, or racquetball, improved softball or baseball fields, or, day care facilities. The type and number of amenities must be approved by the director and provided according to the following schedule:

Units 

Number of Amenities

0-11

0

12-50

 1

51-100

 2

101-200

 3

201-300

 4


One amenity must be added for each 100 additional units or fraction thereof. 
    D.  Off-street parking spaces for multi-family residential developments must be located within 150 feet from the dwelling unit (front or rear door) for which the parking space is provided. 
    E.  Each dwelling unit must be provided a minimum of 150 cubic feet of private enclosed storage space within the garage, carport, or immediately adjacent to the dwelling unit. 
    F.  Driveway approaches within multiple family developments of 12 or more units must be delineated with interlocking pavers, rough-textured concrete, or stamped concrete and landscaped medians. 
    G.  All parts of all structures must be within 150 feet of paved access for single story and 50 feet for multi-story. 
    H.  Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the current County building code must be provided. 
    I.  Where common laundry facilities are not provided, each dwelling unit must be designed for a washing machine and dryer. (Ord. 1173, 2006; Ord. 801, 1997; Ord. 763, 1996; Ord. 347, 1980; Ord. 203, 1973; Ord. 167, 1968)

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20.664.125 Multi-family housing (mixed-use commercial zoning district)
Multi-family housing within a mixed-use commercial zoning district is subject to design review and shall be constructed in the following manner: 
    A.  Floor area ratios: 
        1.  Between 25 percent and 50 percent of the total project floor area must be devoted to commercial uses, with 50 to 75 percent of the project floor area devoted to residential uses. 
        2.  Maximum residential density is 16 dwelling units per gross acre. 
        3.  Maximum building height is 35 feet for horizontal design. Horizontal design includes residential uses and commercial uses each within separate buildings. Maximum building height for vertical design (minimum first floor retail/office) is 50 feet, except as noted below. If the project site exceeds 5 percent average slopes, the maximum height may be increased to 60 feet, except as noted below. If the height exceeds 35 feet, design features to reduce roof mass must be provided. 
            a.  Within the Town of Genoa, the maximum building height is 35 feet. 
            b.  Within the Towns of Minden and Gardnerville, the maximum building height is 45 feet.
        4.  Design must be architecturally compatible with and enhance the surrounding neighborhood and must properly integrate the multi-family residential and commercial uses by creating a pedestrian-oriented mixed-use environment. 
        5.  Projects with 12 or more dwelling units must provide 10 percent of the mixed-use commercial area as useable open space for passive and active recreational uses. Useable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, or slope areas greater than 8 percent. Exceptions to useable open space may be allowed when a project includes regional open space amenities such as a neighborhood or regional park, or provides enhanced pedestrian-oriented connections which connect to existing or planned regional open space uses. 
        6.  Projects with 50 or more units must provide transit loading/unloading areas that are convenient to the residents. 
        7.  Design must minimize visual impacts to the surrounding neighborhood. 
        8.  Integrated access, parking, pedestrian connections, and drainage must be provided. 
        9.  For structures exceeding 45 feet in height, setbacks from adjacent properties with existing single-family residential uses must be a minimum of 30 feet for all yards. 
        10.  Projects exceeding 45 feet in height may apply for density bonus units under an affordable housing agreement as provided under chapter 20.440. 
        11.  All projects must provide recreational amenities within the site which may include a swimming pool, spa, clubhouse, tot lot with play equipment, picnic shelter or barbecue area, court game facilities such as tennis, basketball, or racquetball, improved softball or baseball fields, or day care facilities. The type and number of amenities must be approved by the director and provided according to the following schedule:

Units

Number of Amenities

0-11

2

12-50

3

51-100

4

101-200

5

201-300

6


One amenity must be added for each 100 additional units or fraction thereof. 
        12.  Off-street parking for mixed-use commercial development is as follows, except where noted below: 
            a.  One parking space is required for each 250 square feet of commercial floor area. 
            b.  1.5 parking paces is required for each residential unit. 
            c.  Exceptions to both a and b above, is allowed when the project is within an established parking district.
        13.  Each dwelling unit must be provided a minimum of 150 cubic feet of private enclosed storage space within the garage, carport, or immediately adjacent to the dwelling unit. 
        14.  Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the current County Building Code must be provided. 
        15.  Where common laundry facilities are not provided, each dwelling unit must be designed for a washing machine and dryer. (Ord. 1293, 2009; Ord. 1253, 2008; Ord. 1173, 2006)

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20.664.140 Recreational vehicles
No trailer or recreational vehicle shall be used for living or sleeping purposes in any area within the unincorporated area of the county except as follows: 
    A.  A recreational vehicle or travel trailer may be occupied as a use pending construction of a permanent single-family residence in any agricultural, forest and range or residential district, provided that the owner of the lot or parcel obtains a temporary use permit and occupies the recreational vehicle or travel trailer only for the period of construction, not to exceed 12 months. The temporary use permit must be issued concurrently with the building permit for the permanent residence. On expiration of the permit, or within 30 days from the date of issuance of the certificate of occupancy for the residence, any recreational vehicle or travel trailer must be removed or located on the site in accordance with chapter 20.692; 
    B.  Existing trailer parks and campgrounds conducted, maintained and licensed under the terms of this chapter; 
    C.  The temporary use of non-paying guests or relatives of the person residing on the lot or parcel which has a main residence may occupy a travel trailer or recreational vehicle for sleeping purposes for a period not to exceed seven consecutive days. The use must not exceed a total of 14 days for a calendar year. A travel trailer or recreational vehicle used for such a purpose must not discharge any litter, sewage, effluent or other matter except into sanitary facilities designed to dispose of the material. 
    D.  Storage of travel trailers or recreational vehicles shall be in accordance with section 20.660.150(C) (4) (d). (Ord. 801, 1997; Ord. 763, 1996; Ord. 633, 1994; Ord. 131, 1963)
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20.664.150 Recreational vehicle storage facilities
Developments within the multi-family land use districts and with 12 or more dwelling units, or single-family subdivisions in excess of 30 units containing parcels less than 8,000 square feet in size shall provide recreational vehicle storage facilities. The storage facilities shall be reviewed as part of the design review and shall be constructed in the following manner:
    A.  Centralized storage areas shall be provided for recreational vehicles, as defined in Appendix A and 20.660.150.C.4.d, at a minimum of one space for each eight dwelling units. 
    B.  Individual storage spaces shall measure not less than 12 feet by 30 feet, and shall have direct access to a driveway with a minimum paved width of 25 feet. (Ord. 763, 1996)
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20.664.155 Single family residential- traditional design standards
Single family housing within a single family residential – traditional zoning district is subject to design review and shall be constructed in the following manner: 
    A.  Prior to design review approval, any proposed single family residential – traditional design must be reviewed by the applicable Town or GID Board. 
    B.  Garages must be located in the rear or side yard; no "front-loaded" houses are allowed. 
    C.  Extensive use of traditional building materials (such as stone, wood, stucco, tile, etc.) is required. 
    D.  Front yards must be landscaped. 
    E.  If the design incorporates exterior lighting, traditional fixture designs must be used. 
    F.  The front yard must include a park strip and a minimum 6-foot wide sidewalk.
1. In case the single family residential – traditional design is for an infill project, this requirement may be waived if it would result in a "hodge-podge" look on the street. 
    G.  Front porches a minimum of 60 square feet in area are mandatory features. 
    H.  Raised foundations are mandatory features; finished floor/front porch height must be 24 inches or more above natural grade. 
    I.  If allowed by building code, bay windows may protrude up to three feet into setbacks. 
    J.  No project proposing attached housing or establishment of single family residential – traditional 3,000 or 4,000 zoning districts is allows in the Towns of Minden and Gardnerville unless the project is a planned development. (Ord. 1308, 2010; Ord. 1253, 2008)
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20.664.157 Independent congregate senior living community
Independent congregate senior living communities shall be constructed in the following manner:
    A.  The density of units shall be determined with a special use permit.
    B.  Independent congregate senior living communities must be constructed to conform to the standards of the underlying zoning district, including setbacks, height restrictions, floor area ratios, etc.  The floor area of common indoor recreational amenities, such as covered pools, fitness centers, and common rooms, may be subtracted from the total floor area for the purpose of calculating floor area ratios.
    C.  Facilities shall provide 15 percent of the project site as useable open space for passive and active recreational uses.  Useable open space areas shall not include rights-of-way, vehicle parking areas, or slope areas greater than 8 percent.
    D.  Common recreational and entertainment areas of a size and scale consistent with the number of living units shall be provided.
    E.  Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the International Building Code shall be provided or, in cases where common laundry facilities are not provided, each dwelling unit shall be designed for a washing machine and dryer.    
    F.  Common kitchen facilities of sufficient number and accessibility consistent with the number of living units and International Building Code shall be provided or, in cases where common kitchen facilities are not provided, each dwelling unit shall be designed with a kitchen.
    G.  The project shall be designed to provide adequate security for residents, guest, and employees.
    H.  Adequate internal and external lighting including walkways shall be provided.  The lighting shall be stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with nearby development.
    I.  Off-street parking spaces for independent congregate senior living communities shall be located within 150 feet from the dwelling unit (front or rear door) for which the parking spaces is provided.  
    J.  Adequate and suitably striped paved areas for shuttle parking shall be provided.  Shaded waiting areas shall be provided adjacent to the shuttle stops.
    K.  Loading/unloading areas shall be provided at the entrance to the building and be striped and signed to indicate no parking allowed.
    L.  Independent congregate senior living community parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens, including, but not limited to, medical offices, shopping areas, and transit services.
    M.  For projects of 20 or more units, on site management shall be required.
   N.  Eighty percent of the units must be occupied by at least one person 55 years of age or older.  The other 20 percent of units may be occupied by younger persons. (Ord. 1279, 2009)
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20.664.160 Stationary tank storage (above ground)
    A.  Definitions. 
        1.  "Storage vault" means above ground flammable or combustible liquid storage vaults that are concrete enclosures located outside a building containing a tank and a pump assembly. 
        2.  "Storage tanks" means above ground combustible liquid tanks are double wall steel tanks on supports or pads located outside a building. Storage tanks lack fire resistance ratings from exposure fires. Above ground storage tanks are limited to class II and III liquids only.
    B.  General requirements. 
        1.  Storage vault and tank installations shall be limited to a maximum 1050 gallons individual tank capacity and 3150 aggregate at any one site. 
        2.  Storage vaults and tanks shall be used only for private vehicle fleet, non retail installations, government fleet installations, private company equipment yards, waste oil storage, emergency generator pumps and other similar uses where the fire chief or fire marshal determines there is no increased threat to fire safety. 
        3.  The fire chief or fire marshal may prohibit the use of a storage vault or tank installation when, in his opinion there is a hazard to fire of life safety from a given installation. 
        4.  Storage vault and tanks shall not be manifolded together. 
        5.  A building permit shall be obtained from the community development department and local fire department prior to the installation of tanks. Plans shall be submitted along with the request for a permit. 
        6.  The location of tanks shall comply with the setback requirements of the applicable zoning district. Clearance to property lines, structures, unprotected openings and public ways shall be shown when applying for permits. 
        7.  Grade shall slope from the tank and dispensing areas away from any structure. 
        8.  Storage value and tank installations shall be fenced or secured to prohibit the public from having access to the installation. 
        9.  Storage vaults and tanks shall be considered a group M, Division 2 occupancy under the Uniform Building Code. 
        10.  Existing above ground single wall tanks containing flammable or combustible liquids shall meet all requirements outlined in the Uniform Fire Code, Article 79, Division V. All existing tanks shall be protected with two hour fire resistive construction. 
        11.  All new installations shall be double wall tanks with two hour fire protection added or preferably a storage vault.
    C.  Tank design. 
        1.  The storage vault and tank assembly shall be engineered in accordance with nationally recognized standards to insure that normal transportation, installation and operation of the tank will not result in damage to the tank or tank envelope which may lead to leakage of the tank contents. 
        2.  Only tanks with UL or other nationally recognized testing laboratories listing shall be used and labeled accordingly. Each tank shall be compatible with the product being used. 
        3.  All storage vault tanks shall be attached to the concrete vault by an approved engineered means. 
        4.  Tank venting shall comply with section 79.509 of the Uniform Fire Code: 
            a.  Minimum vent size shall be 1¼ inside diameter; 
            b.  Vent piping shall terminate a minimum of twelve feet above the ground; 
            c.  Vents shall discharge only in an upward or horizontal direction; 
            d.  Vent lines shall not terminate within five feet of any building openings or within five feet of a property line that may be built upon; 
            e.  Vent pipes shall be arranged so that flammable vapors will not enter any building openings, be trapped under eaves or other obstructions or discharge into hazardous locations. The vent supplied with the storage vault may only be used if engineering data is shown to prove the vent is adequate for either the filing or withdrawal rate, whichever is greater, and that the vent pipe length is adequate and the vent location complies with the above. 
        5.  The storage tanks and the tanks within the storage vault shall be grounded with a ground rod bonded to a metallic pipe coming from the tank with a flexible copper wire of adequate strength for the intended service and electrical resistance. 
        6.  All piping shall be provided with swing joints where the pipe attaches to any building. Listed flexible connections may be used in lieu of the swing joints when approved by the chief or fire marshal. 
        7.  Tank openings for filling and gauging purposes must be covered by vapor tight caps or lids and must be secured against tampering at all times except during filling or gauging operations. Fill pipes must terminate within six inches of the bottom of the tank. 
        8.  All vault interstitial spaces shall be monitored for leakage in accordance with N.D.E.P. 
        9.  Vault enclosures shall be liquid and vapor tight without backfill. The sides and bottom of the enclosure shall be of reinforced concrete and listed for a two hour fire exposure with openings for inspection through the top only. Tank connections shall be so piped or closed that neither vapors or liquid can escape into the enclosed space. A means shall be provided whereby portable equipment may be employed to discharge to the outside any vapors which might accumulate should any leakage occur. 
        10.  Storage vault and tank assemblies shall provide overfill containment protection which will contain a minimum of five gallons of spillage. Such containment shall be around the fill pipes. Provisions for preventing rain water or snow melt from entering the overfill containment area shall be made. 
        11.  Each storage vault or tank shall rest on concrete supports meeting nationally recognized approved engineered standards to support the weight of the tank, vault or outer shall and its contents. When designing the supports, visual inspection of the underside of vault is required. 
        12.  The storage vault and tank system shall rest on an engineered concrete pad. Restraining from flotation shall be provided in areas prone to flooding. Refer to Uniform Building code, Chapter 23 for requirements. 
        13.  Storage vaults and tanks must be clearly marked with their produce name and the words “FLAMMABLE (OR COMBUSTIBLE) KEEP FIRE AWAY.” The dispensing and filling area shall be posted as “NO SMOKING” area for at least 25 feet in all directions. Dispensing areas must be posted with “NO SMOKING OR OPEN FLAMES ALLOWED, STOP ENGINES WHILE REFUELING.” Letters for signs must be a minimum of two inches in height and ½ inch stroke on a background of contrasting color. 
        14.  Storage vaults, tanks and dispensing units shall be protected from physical damage by the installation of six-inch concrete filled bollards located at least 12 inches from the vault or tank and spaced a maximum of four feet apart on all sides of the vault or tank subject to such damage. A concrete “jersey barrier” may be used in lieu of the bollards. 
        15.  A concrete pad shall be provided under vehicles being refueled where required by local jurisdiction. 
        16.  The area around the storage vault or tank shall be maintained free from weeds and brush at all times for at least ten feet in all directions. No other storage is permitted in the area or under the storage vault or tank. 
        17.  The storage vault or tank and the dispensing units shall be secured to prevent tampering when not in use.
    D.  Pumps and dispensing units 
        1.  All pumps and dispensing units used in conjunction with the installation shall be tested and listed by a nationally recognized testing laboratory for use with the product being stored in the vault or tank assembly. 
        2.  All electrical wiring shall comply with the National Electrical Code. 
        3.  The pump shall take its suction from the top of the vaulted tank or the storage tank. 
        4.  Remote pumping stations are prohibited. 
        5.  Emergency pump shut off switches shall be provided within 75 feet but not closer than 15 feet from all dispensers. The switches shall not be located inside any building. A sign shall be posted “EMERGENCY PUMP SHUTOFF” at the shutoff switch. The sign shall be legible for a distance of 75 feet. 
        6.  A portable fire extinguisher with a minimum 2A-20BC classification shall be located in an accessible location not more than 30 feet from the dispensing unit. 
        7.  For refueling operations conducted between 30 minutes after sunset and 30 minutes before sunrise, adequate lighting is required to be permanently mounted in the area of the refueling operations.
    E.  Waste oil tanks. 
        1.  Where the product stored in the storage vault or tank assembly is pumped in or poured in, such as waste oil tanks, ball check valves at the fill and at the withdrawal lines shall be provided. 
        2.  Waste oil lines shall not be under pressure inside any building. 
        3.  Storage vault or tank assemblies containing waste oil shall be provided with a reliable level indicator.
    F.  Container filling. 
        1.  Class I flammable liquids shall not be dispensed into containers unless the nozzle and the container are electrically bonded.  
        2.  Product may be dispensed into approved containers only. Class I liquids shall not be dispensed into glass or plastic containers at any time.
    G.  Training. 
        1.  Every facility with a storage vault shall provide training to employees to include but not be limited to: 
            a.  Use and care of the vault; 
            b.  Procedures in the event of a spill or leak; 
            c.  Training in the use of portable fire extinguishers; 
            d.  Initial training to all employees; 
            e.  Annual training to all employees.
        2.  Training records shall be retained for inspection by the fire department. (Ord. 801, 1997; Ord. 763, 1996; Ord. 671, 1994; Ord. 641, 1994; Ord. 167, 1968)
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20.664.170 Telecommunications sites
The following standards apply to all telecommunication sites as defined in this title: 
    A.  The height of wireless communications facilities includes all antenna array structures. 
    B.  Antenna support structures, where utilized, must be monopole type. 
    C.  The wireless communications facility shall be located on the existing structure so as to minimize visual impacts from surrounding properties and rights-of-way. 
    D.  All antennas and support structures must be painted to be architecturally compatible with the building on which it is located or painted to minimize visual impacts where the structures extend above the roof line. 
    E.  Roof-mounted antenna support structures shall be located no closer to the nearest edge of the roof than the height of the structure with all antennas and other equipment attached. 
    F.  Accessory equipment and equipment structures must be screened or designed according to the provisions of this title and the adopted Douglas County design manual. 
    G.  Telecommunications sites are prohibited on residential structures and accessory residential structures. 
    H.  The following additional standards apply within residential zoning districts: 
        1. Telecommunications antennas may only be located on alternative tower structures 
        2.  Accessory equipment structures are limited in size to 120 square feet.
    I.  Telecommunication sites, as defined is section 20.660.130.H, are subject to minor design review. 
    J.  Exemptions. The following facilities are exempt from county review: 
        1.  Antennas not exceeding four feet high and 580 square inches in area as viewed from any one point, or tubular antennas not more than four inches in diameter and 15 feet in height when placed on an existing non-residential structure. 
        2.  Antennas that are fully enclosed inside an existing structure. 
        3.  Usual and incidental repair and maintenance of existing telecommunications sites. (Ord. 871, 1999)
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20.664.180 Telecommunications facilities
The following standards apply to all telecommunications facilities as defined in this title: 
    A.  Maximum heights. The height of telecommunications facilities includes all antenna array structures. The following are the maximum facility heights permitted within the applicable zoning districts: 
        1.  NC, MUC, OC, GC, TC, PR and AP: 60 feet. 
        2.  PF, LI, and SI: 80 feet. 
        3.  GI and A-19: 100 feet. 
        4.  FR-19 and FR-40: 120 feet. 
        5.  Residential zoning districts: Prohibited.
    B.  Setbacks. 
        1.  Telecommunications facilities and accessory structures that do not exceed the maximum required height of the applicable zoning district must meet the required building setbacks for the zoning district in which the facility is located. 
        2.  Facilities exceeding the height requirement of the zoning district in which the facility is located shall have the following minimum setbacks: 
            a.  A minimum of 20% of the structure height or the minimum required setback of the applicable zoning district, whichever is greater, from all property lines. 
            b.  A minimum of five-times the structure height from any residentially zoned property, master plan designated receiving area, and any existing residence on surrounding properties located within the A-19 or FR-19 zoning districts.
            c.  A minimum of 2,500 feet from major highway and road corridor rights-of-way, including US 395, SR 88, SR 208, SR 207, US 50, Foothill Road and Jacks Valley Road, excluding facilities to be located within the town boundaries of Minden or Gardnerville. 
            d.  A minimum separation of one mile between all telecommunications facilities, measured from the nearest point of each structure, including facilities with a valid approval that have not yet been constructed.
        3.  Telecommunications facilities shall not be located within the front-yard area when there is an existing building on the parcel.
    C.  Design criteria. 
        1.  Support structures for wireless communications antennas shall be monopole type. The use of lattice tower structures or guyed-wire towers is prohibited. 
        2.  Monopole support structures may not exceed four feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary. 
        3.  Wireless communications facility support structures and antennas must be painted a non-glossy color so as to minimize visual impacts from surrounding properties. Specific color is subject to county review based on a visual analysis of the particular site. 
        4.  Accessory structures must be designed and screened according the provisions of the adopted Douglas County design manual. 
        5.  Support structures for wireless communications antennas shall be designed to allow at least one additional wireless service provider to co-locate antennas on the structure. 
        6.  Towers shall not be artificially lighted unless required by the FAA or other applicable authority. Security lighting must be in conformance with this title and the adopted design manual.
    D.  Access. 
        1.  Unmanned telecommunications facilities must have a minimum 12 foot access easement to the facility. 
        2.  When access is from a paved public street or alley, a paved driveway approach shall be constructed a minimum ten feet in length and 12 feet in width at the point of access.
    E.  Signage. A permanent, weather-proof identification sign, approximately 16 inches by 32 inches in size, must be placed on the gate of the fence around the facility or, if there is no fence, on the facility itself. The sign must identify the facility operator(s), provide the operator’s address, and specify a 24-hour telephone number at which the operator can be reached so as to facilitate emergency services. 
    F.  Landscaping. 
        1.  Landscaping is to be provided in accordance with section 20.694 (Landscaping) for the purposes of screening the facility from surrounding properties or rights-of-way. 
        2.  Landscaping must include re-vegetation of any cut or fill slopes. Where native vegetation exists, re-vegetation should include native plant species that can exist without irrigation. 
        3.  Where possible, existing plants and trees should be used to the full extent possible for screening the facility.
    G.  Noise and traffic. 
        1.  Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 7 a.m. and 7 p.m. 
        2.  Traffic shall be limited to no more than one round-trip per day on an average annual basis once construction is complete, except for emergency maintenance purposes.
    H.  Submittal requirements. In addition to the submittal materials required by the special use permit application, the following must be submitted with an application for a telecommunications facility: 
        1.  A vicinity map showing the proposed telecommunications facility’s distances from existing residential areas, existing residences, major roads and highways, and other telecommunications facilities pursuant to paragraph B, above. 
        2.  A visual simulation showing the proposed structure as it would be seen from surrounding properties that may be visually impacted by the structure, including but not limited to surrounding residential properties and rights-of-way. The visual simulation may include a photo montage, field mock-up or other techniques. 
        3.  A written statement to Douglas County indicating the technical reasons why there is no alternative site for co-location of the facility or written proof of refusal of the owner of the tower(s) in the vicinity to provide space at a fair rate of compensation. 
        4.  A written statement to Douglas County indicating that the proposed tower structure is designed to accommodate at least one additional service provider in the future, and that the facility owner will make a good-faith effort to work with other service providers to co-locate antennas on the proposed structure in the future. 
        5.  A copy of the property lease agreement including provisions for removal of the facility within six months of its abandonment, and provisions for county access to the facility for removal where the provider fails to remove the facility within six months of its abandonment. 
    I.  Conditions of approval. The following conditions must be met prior to the service provider obtaining a building permit for the telecommunications facility: 
        1.  The applicant shall provide proof of notification of an offer of co-location opportunities on the new facility to other service providers. 
        2.  The applicant shall sign and record with the Douglas County recorder a legally binding agreement limiting any co-location costs assessed to other service providers to a pro rata share of the ground lease, site acquisition cost, design, capital costs for construction of the tower including associated permitting costs, and reasonable maintenance, repair and replacement costs.
    J.  Reduction in required facility separation. A reduction in the required separation between telecommunication facilities may be granted as part of the special use permit approval where technical evidence has been provided to substantiate the following findings: 
        1.  The granting of the variance will not substantially impair the intent and purpose of this title or the goals, policies and objectives in the adopted master plan; 
        2.  The variance is not requested exclusively on the basis of economic hardship to the applicant; 
        3.  The variance is necessary and essential to providing the applicant’s wireless service, based on the technical constraints of locating the facility in accordance with the required separation; 
        4.  Evidence has been submitted to the satisfaction of the county showing that co-location on existing tower structures is not available or is not technically feasible. Evidence may include a written statement from the service provider with the existing facility that co-location is not feasible.
    K.  Variances. Notwithstanding paragraph J above, all variance requests relating to telecommunications facilities are to be considered under the variance provisions of section 20.606. In addition to the required findings pursuant to section 20.606, the following findings must be made: 
        1.  The granting of the variance will not substantially impair the intent and purpose of this title or the goals, policies and objectives in the adopted master plan; 
        2.  The variance is not requested exclusively on the basis of economic hardship to the applicant; 
        3.  The variance is necessary and essential to providing the applicant’s wireless service, based on the technical constraints of locating the facility in accordance with the required separation; 
        4.  For highway or road corridor setbacks, the proposed facility is not visible from the subject right-of-way or the facility includes features that minimize the visual impacts from the subject rights-of-way.
    L.  Minor modifications. Modifications may be approved by the director under the provisions of a minor design review where the modifications meet the following criteria: 
        1.  The height of the facility does not increase by more than 10 feet above the height of the original facility as approved by a special use permit and the facility meets the height provisions and required setbacks. 
        2.  The existing facility complies with all other applicable standards in this section.
    M.  Abandoned towers. 
        1.  Any telecommunications facility that is not operated for a continuous period of six months or falls into disrepair shall be considered abandoned. 
        2.  The owner of any abandoned telecommunications facility shall remove the facility within six months of its abandonment. 
        3.  If an abandoned facility is not removed within six months, the county may remove the facility at the property owner’s expense. 
        4.  Where two or more users share a single facility, the facility shall not be deemed abandoned until all users cease operation of the facility.
    N.  Inventory and tracking. The department shall compile and maintain a list of telecommunications facilities based on information provided by wireless service providers. The list shall include existing facility locations, structure heights, number of service providers using the facility, and availability of space for additional users based on prior approvals. 
    O.  Existing, nonconforming facilities. Telecommunications facilities approved prior to the adoption of this ordinance that do not meet the required setbacks or height limitations shall be considered legal conforming structures provided that the height of the structure is not increased. (Ord. 871, 1999)
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20.664.200 Wind energy conversion system, commercial
A commercial wind energy conversion system with a total system height more than 400 feet and that is intended to produce electricity to sell for consumption. 
    A.  A special use permit is required for all commercial wind energy conversion systems. 
    B.  Commercial wind energy conversion systems may be permitted in the FR-19 and FR-40 zoning districts. 
    C.  Total system height must not exceed 400 feet. 
    D.  The minimum setback for a property line which separates two distinct owners is equal to the total system height. 
    E.  The minimum setback from any master plan designated receiving area and any existing residence is 2,500 feet and 1,000 feet from any public right-of-way. 
    F.  The blade diameter must not exceed 200 feet. 
    G.  The tower, or any of its parts, may not be located in or on a drainage, utility or other established easement. 
    H.  The system must be in compliance with FAA regulations regarding structure height and lighting. 
    I.  If a wind system is not used for one year to generate electricity or the permit has expired, the system must be removed and the property restored to its previous condition within 120 days. 
    J.  Wind turbines must be approved by a wind certification program which is recognized by the American Wind Energy Association. 
    K.  The system must be in compliance with Douglas County-adopted building codes. 
    L.  Utility notification: A wind energy system may not be installed until evidence has been given that the utility company has been informed of the customer's intent and written permission granted to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. 
    M.  The noise levels generated by a WECS must comply with chapter five, noise section, of the 2006 Master Plan. 
    N.  Climbing apparatus-- Any climbing apparatus must be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet. 
    O.  The colors of materials used in the construction of the tower must be muted and visually compatible with the surroundings. 
    P.  The applicant must have a Nevada Fish and Wildlife biologist professional conduct a species list study of the proposed site and extending one mile beyond the property lines of the subject parcels. (Ord. 1215, 2007)
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20.664.210 Wind energy conversion system, commercial use test site
Electrical equipment, wind sensors, communication devices, towers, guy wires and anchors, and other associated controls to measure, monitor and report wind speed, wind direction and other wind related data. 
    A.  A temporary use permit is required for commercial wind energy conversion system test sites. 
    B.  Test sites may be permitted in FR-19 and FR-40 zoning districts. 
    C.  Test towers height must not exceed 200 feet in height. 
    D.  The minimum setback is 750 feet from any master plan designated receiving area and any existing residence and 500 feet from any public road right-of-way. 
    E.  No rotor blade is permitted under a wind energy conversion system, commercial use test site temporary use permit.     
    F.  Test site equipment, or any of its parts, may not be located in or on a drainage, utility or other established easement. 
    G.  Compliance with FAA regulations regarding structure height and lighting. 
    H.  Temporary use permits for test site shall expire in 24 months after construction, the test site equipment must be removed and the property restored to its previous condition prior to the expiration of the temporary use permit. 
    I.  Compliance with Douglas County adopted International Building Code. 
    J.  The noise levels generated by a WECS must comply with chapter five, noise section, of the 2006 Master Plan. 
    K.  Climbing apparatus- Any climbing apparatus must be located at least 12 above the ground, and the tower must be designed to prevent climbing within the first 12 feet. (Ord. 1215, 2007)
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20.664.220 Wind energy conversion system, micro

    A. Wind energy conversion systems must be accessory to the existing or proposed use.
    B. Maximum total system height and required applications.
        1. Agricultural, Forest and Range, and Residential zoning districts.
            a. Wind energy conversion systems must not exceed 50 feet.
                i. Total system heights of 35 feet or less are permitted by right.
                ii. Total system heights greater than 35 feet require minor design review.
                iii. Wind energy conversion systems which are setback 200 feet or greater are exempt from obtaining a minor design review or special use permit regardless of height.
        2. Non-Residential zoning districts.
            a. Wind energy conversion systems must not exceed 50 feet.
    C. Required setback standards.
        1. Agricultural, Forest and Range, and Residential zoning districts.
            a. Wind energy conversion systems must be setback two times the total system height along the northern half of the setback circle and 1.5 times the total system height along the southern setback circle (See Figure 20.664.020.1)

Figure 20.664.020.1

 

        2. Non-Residential zoning districts.
            a. Wind energy conversion systems must meet zoning district setback standards.
                i. When adjacent to a residential zoning district, wind energy conversion systems must be setback from all property lines which abut a residential zoning district in compliance with 20.664.220.C.1.a. 
    D. Maximum blade diameter dimension for all zoning districts.
        1. Wind energy conversion systems with blades rotating around a vertical axis must not exceed 10 feet in diameter.
    E. Minimum parcel size and maximum number of wind energy conversion systems per parcel.
        1. Agricultural, Forest and Range, and Residential zoning districts.
            a. Parcels are limited to four wind energy conversion systems, regardless of type; each micro wind energy conversion system requires two gross acres.
        2. Non-Residential zoning districts.
            a. Parcels are limited to eight wind energy conversion systems, regardless of type; each micro wind energy conversion system requires one half gross acres.
    F. All wind energy conversion systems must comply with the noise requirements in this section.  Noise regulations in this section and in County Code may be exceeded during short-term events such as utility outages and severe weather events.
        1. Wind systems must comply with County Code, Section 20.690.030 (N) Noise.
        2. A manufacturer’s sound report must be submitted with each building permit.
        3. No wind energy conversion system or combination of wind machines must be operated so that impulsive sound below 20 Hertz adversely affects the habitability or use of any off-site dwelling unit, hospital, school, library, or nursing home.
    G. All wind energy conversion systems must comply with Douglas County adopted fire and building codes.
    H. All rotating blades must be a minimum of 10 feet from the finish grade.
    I. Evidence must be submitted with a building permit application that the wind energy conversion system has been constructed in accordance with an accepted industry standard and certified safe.
    J. Wind energy conversion systems must be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limitations of the system.
        1. Evidence of an external, manual shut-off switch is required prior to Certificate of Occupancy.
    K. The tower, or any of its parts, must not be located in or on a drainage, utility or other established easement.
    L. Utility notification: A wind energy conversion system may not be installed until evidence has been given that the utility company has been informed of the customer's intent and written permission granted to install an interconnected customer-owned generator.  Off-grid systems must be exempt from this requirement.
    M. Wind energy conversion systems must be a monochromatic, neutral, and non-reflective color that conforms to the architecture of other structures located on the same parcel and maintains uniformity throughout the site when there is more than one system on the same parcel.  Advertisements are prohibited on all wind energy conversion systems.
    N. Wind energy conversion systems must not be artificially lighted unless required, in writing, by the Federal Aviation Administration (FAA) or other applicable authority that regulates air safety.  Where the FAA requires lighting, the lighting must be the lowest intensity allowable under FAA regulations.
    O. Any climbing apparatus must be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet.
    P. If a wind system is not used for one year to generate electricity or the permit has expired, the system and its components must be removed and the property restored to its previous condition within 120 days.
(Ord. 1313, 2010Ord. 1215, 2007)

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20.664.230 Wind energy conversion system, small

    A. Wind energy conversion systems must be accessory to the existing or proposed use.  
    B. Maximum total system height and required applications.
        1. Agricultural, Forest and Range, and Residential zoning districts.
            a. Wind energy conversion systems must not exceed 90 feet.
                i. Total system heights of 35 feet or less are permitted by right.
                ii. Total system heights greater than 35 feet and less than 50 feet require minor design review.
                iii. Total system heights exceeding 50 feet require special use permit.
                iv. Wind energy conversion systems which are setback 300 feet or greater are exempt from obtaining a minor design review or special use permit regardless of height.  
        2. Non-Residential zoning districts.
            a. Wind energy conversion systems must not exceed 90 feet.
                i. Total system heights below 50 feet require minor design review.
                ii. Total system heights exceeding 50 feet require special use permit.
    C. Required setback standards.
        1. Agricultural, Forest and Range, and Residential zoning districts.
            a. Wind energy conversion systems must be setback two times the total system height.
        2. Non-Residential zoning districts.
            a. Wind energy conversion systems must meet zoning district setback standards.
                i. When adjacent to a residential zoning district, wind energy conversion systems must be setback from all property lines which abut a residential zoning district in compliance with 20.664.230.C.1.a.
    D. Maximum blade diameter dimension for all zoning districts.
        1. Wind energy conversion systems with blades rotating around either a horizontal or vertical axis must not exceed 25 feet in diameter.
    E. Minimum parcel size and maximum number of wind energy conversion systems per parcel.
        1. Agricultural, Forest and Range, and Residential zoning districts.
            a. Parcels are limited to four wind energy conversion systems, regardless of type; each small wind energy conversion system requires five gross acres.
        2. Non-Residential zoning districts.
            a. Parcels are limited to eight wind energy conversion systems, regardless of type; each small wind energy conversion system requires one gross acre. 
    F. All wind energy conversion systems must comply with the noise requirements in this section.  Noise regulations in this section and in County Code may be exceeded during short-term events such as utility outages and severe weather events.
        1. Wind systems must comply with County Code, Section 20.690.030 (N) Noise.
        2. A manufacturer’s sound report must be submitted with each building permit.
        3. No wind energy conversion system or combination of wind machines must be operated so that impulsive sound below 20 Hertz adversely affects the habitability or use of any off-site dwelling unit, hospital, school, library, or nursing home.
    G. All wind energy conversion systems must comply with Douglas County adopted fire and building codes.
    H. All rotating blades must be a minimum of 10 feet from the finish grade.
    I. Evidence must be submitted with a building permit application that the wind energy conversion system has been constructed in accordance with an accepted industry standard and certified safe.
    J. Wind energy conversion systems must be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limitations of the system.
        1. Evidence of an external, manual shut-off switch is required prior to Certificate of Occupancy.
    K. The tower, or any of its parts, must not be located in or on a drainage, utility or other established easement.
    L. Utility notification: A wind energy conversion system may not be installed until evidence has been given that the utility company has been informed of the customer's intent and written permission granted to install an interconnected customer-owned generator.  Off-grid systems must be exempt from this requirement.
    M. Wind energy conversion systems must be a monochromatic, neutral, and non-reflective color that conforms to the architecture of other structures located on the same parcel and maintains uniformity throughout the site when there is more than one system on the same parcel.  Advertisements are prohibited on all wind energy conversion systems.
    N. Wind energy conversion systems must not be artificially lighted unless required, in writing, by the Federal Aviation Administration (FAA) or other applicable authority that regulates air safety.  Where the FAA requires lighting, the lighting must be the lowest intensity allowable under FAA regulations.
    O. Any climbing apparatus must be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet.
    P. If a wind system is not used for one year to generate electricity or the permit has expired, the system and its components must be removed and the property restored to its previous condition within 120 days.
(Ord. 1313, 2010; Ord. 1215, 2007)

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20.664.240 Special Occasion Home.

A Special Occasion Home must meet the following standards:  
    
A. Only owner-occupied single-family detached dwellings may apply for a Special Use Permit to operate a Special Occasion Home;
    
B.  The owner must demonstrate that the primary residence and/or accessory structures on the property have historic character that reflect the cultural and architectural history of Douglas County;
    C. 
The Special Occasion Home must comply with all building and fire codes, including ADA requirements; 
    D. 
Special occasions may include, but not be limited to, weddings and receptions; civic, business, corporate and religious or other retreats and seminars; and
    E. 
Private homes used for events organized by non-profit or charitable organizations are exempt from these regulations. 
    F.  For SFR-1 and SFR-2 zoned properties that are at least one-acre in area, a free-standing sign not exceeding 10 square feet in area is allowed at the entrance of the property (on-site) or may be placed within the parcel’s legal access easement to a  public road.  The maximum height of the sign shall not exceed 4 feet, except when placed within a legal access easement in a non-residential zoning district, the maximum height shall not exceed 5 feet.  Lighting is limited to indirect only.  Setback shall be a minimum of 5 feet from the property line and placed outside of the traffic safety site area.  No more than two, on-premise directory or wall signs are allowed with sign area not to exceed 4 square feet.  For all other residential zoning districts, a freestanding sign not exceeding 4 square feet is allowed at the entrance to the property (on-site) or may be placed within the parcel’s legal access easement to a public road.  The maximum height shall not exceed 2 feet.  Lighting is limited to indirect only.  No more than one, on-premise directory or wall sign is allowed with sign area not to exceed three square feet.  Signs allowed under this section must be designed so that they compliment the architecture of the building and maintain the integrity of the established neighborhood. (Ord. 1404, 2014; Ord. 1381, 2013)

 

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20.664.260 Solar Photovoltaic Facility

Solar Photovoltaic Facility as a principal use of land must meet the following standards
A.  Applications for a Special Use Permit for Solar Photovoltaic Facilities as a principal use of land must include the following supplemental materials in addition to all materials required with an application for a Special Use Permit:
1. A specification sheet for the units to be utilized;
2. A detailed site plan including all ancillary structures, including inverters and battery storage units;
3. Detailed elevations of all structures on the site;
4. Detailed dust control plan;
5. Any new transmission lines or expansion of existing transmission lines must be shown on the plans.  These lines will be considered part of the facility, and all noticing must reflect the land where these lines are located;
6. Photo-simulations depicting off-site visual impacts;
7. A detailed screening plan;
8. Water use projections and evidence of ability to obtain water rights;
9. Records regarding power purchase, interconnection agreements, and/or applications;
10. Information on finance and technical ability of the applicant to construct, operate, maintain, and decommission the facility; and Douglas County shall require the applicant to provide additional technical studies and assessments to determine the project’s overall impact on the surrounding environment.  Such studies may include, but not be limited to, noise impacts, impacts on water resources, biological impacts, visual impacts, and impacts to wildlife habitat.
B.  Prior to a public hearing conducted by the Board of Commissioners on an application for a Special Use Permit, the Community Development Director shall invite all property owners in the Community Plan Area to an informational meeting on the request.
C.  The height of the solar photovoltaic unit may not exceed a height of 15 feet when measured from pre-development grade.
D.  Solar photovoltaic units must be setback a minimum of 2 miles from any lots adjacent to the subject property that are zoned residential or from any residence.
E.  Solar Photovoltaic Facilities are not allowed within the Special Flood Hazard Area (SFHA), or X-Shaded Flood Zone as recognized by the Federal Emergency Management Agency (FEMA).
F.  Solar Photovoltaic Facilities cannot locate along ridgelines or hillsides with greater than 15 percent slopes as identified in the master plan. 
G.  The facility must comply with all Federal Aviation Administration requirements as applicable.
H.  The site may not be illuminated at night with the exception of safety lighting required by Uniform Building Code in effect at the time of construction.
I.  Any metal surfaces that are shiny must be painted with a non-glossy, earth tone color paint to blend with the desert landscape.
J.  Solar photovoltaic units must utilize a film that is non reflective.  Only non-glare material is allowed.
K.  A fee to cover the cost of inspections associated with property maintenance must be paid at the time of building permit issuance.
L.  If the facility ceases to generate electricity for its customers at any time during a 180 day period (except for system malfunctions/normal maintenance and repair), the system must be removed and the property restored to its original condition within 120 days.  In accordance with the provision of Section 20.720 of this Chapter, a security to ensure compliance with the terms of this requirement shall be posted at the time of building permit along with photographs of the site.  The security will be released upon completion of the site restoration.
M.  The facility must be designed to produce a minimum of 10 megawatts and cannot exceed a maximum of 20 megawatts.  Only contiguous parcels under the same ownership may be utilized.
N.  All interior access roads must be either paved or gravel to avoid dust.
O.  Screening may be required based on visibility to surrounding areas and if required by staff must consist of an earthen berm planted with native vegetation so as to be compatible with the surrounding areas, and sized to block the visibility of the units from off site. Fencing is required and fencing shall be located on the inside of the berm, if applicable.   At the time of building permit, a security must be posted to ensure the vitality of the plants during the life of the use.
P.  Solar Photovoltaic Facilities are not allowed in the view corridors identified in Map E of the Douglas County Open Space and Agricultural Lands Preservation Implementation Plan or in View Preservation areas identified on the Vision Plan Diagram of the Valley Vision.
Q.  Solar Photovoltaic Facilities are not allowed in areas where the depth to water table is 3.5 feet or less per the US Dept. of Agriculture Natural Resources Conservation Service (NRCS) Custom Soil Resource Report for the Douglas County area.
R.  The site shall include a monitoring well.  Samples from the monitoring well shall be taken annually, with test results submitted to the Environmental Health Department.  The intent of the testing process is to ensure no contaminants from the panels are compromising the quality of the ground water. 
(Ord. 1457, 2016; Ord. 1416, 2014)

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