Douglas County District Attorney
    County Codes Print...     Link To This Page    
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



Collapse/expand the left pane
County Codes
Title 20 Consolidated Development Code
20.685 Gaming District (GD) Overlay
20.685.010 (GD) Purpose
20.685.020 (GD) General Provisions
20.685.030 (GD) Application and fee for establishing a gaming district
20.685.040 (GD) Minimum requirements and findings
20.685.050 (GD) Development schedule, extension, expiration, and transfer
20.685.060 (GD) Revisions

20.685.010 (GD) Purpose
The Gaming District (GD) Overlay is intended to establish standards and conditions for gaming establishments while protecting the public health, safety and general welfare. Development review and approval of a gaming district overlay includes provisions for the overlay zoning district as provided herein, issuance of a special use permit, and a change in zoning district classification to tourist commercial, if applicable. (Ord 997, 2002)
Top

20.685.020 (GD) General Provisions
    A.  The gaming district overlay may only be proposed in an area designated for commercial land use under the adopted master plan.
    B.  A gaming district overlay may only be proposed as an overlay zone within the tourist commercial zoning district.
    C.  No gaming establishment shall be permitted except within the gaming district overlay or as allowed under chapter 20.700, Tahoe Basin Regulations, or 20.703, Tahoe Area Plan Regulations.
    D.  If an applicant proposes a zone change to tourist commercial in anticipation of the development of a gaming establishment or establishments, then the applications must be combined.  
    E.  The standards and conditions of approval for a gaming establishment must be imposed on a special use permit, which includes a development plan.  
    F.  The approval of a gaming district overlay does not relieve the applicant of any other requirements of law, including, but not limited to, applicable provisions of state and federal law, the consolidated development code, and licensing and taxation provisions of the Douglas County Code. (Ord. 1386, 2013; Ord. 1319, 2010; Ord. 997, 2002)
Top

20.685.030 (GD) Application and fee for establishing a gaming district
    A.  The application for a gaming district overlay must be submitted to the community development department on a form provided by the director.  The application must combine all applications necessary for processing the request, including a zoning map amendment subject to chapter 20.610 and special use permit subject to chapter 20.604.
    B.  A single fee for the filing of an application for gaming district overlay, including a zoning map amendment, special use permit, and variance, or for the revision of a special use permit, including a development plan, must be charged, in the amount provided in chapter 20.40, and set by resolution.  
    C.  An application for the establishment of, or reclassification to, the gaming district overlay must include a development plan.  A development plan shall contain the following:
        1.  A vicinity map showing the location and street address of the subject property and showing all residential, commercial, industrial and public uses and zoning districts within 7,500 feet of all boundaries of the subject property; 
        2.  Site details indicating the existing and proposed uses, gross floor area, building coverage, height, parking, density, landscaping, screening, lighting, open space, and public facilities; 
        3.  A circulation plan showing proposed streets and the relation to the master plan for streets and highways; 
        4.  An analysis of any adverse impacts upon surrounding properties and proposed mitigation methods including, but not limited to, construction traffic, noise and other construction-related impacts, post construction traffic, parking, signage, lighting and any other impacts associated with the gaming establishment operation; 
        5.  A development schedule indicating phases and the sequence and timing of development; 
        6.  A plan for extension of public facilities, services, and utilities and for flood control and drainage; 
        7.  The required fee; 
        8.  A detailed, written narrative discussing how the findings for approval are met; and 
        9.  Any other reasonably related information necessary for the commission and board to act.  
    D.  A gaming establishment means any premises wherein or whereon gaming is authorized pursuant to a nonrestricted license or as a nonrestricted operation as those terms are defined in Nevada Revised Statutes section 463.0177. (Ord. 1319, 2010; Ord. 997, 2002)
Top

20.685.040 (GD) Minimum requirements and findings
    A.  When considering a zoning change to tourist commercial in anticipation of a gaming district overlay request, the commission and board must first vote to approve the zoning map amendment to tourist commercial, pursuant to the findings in section 20.610, before voting on the gaming district overlay zoning district. 
    B.  When approving an application for a gaming district overlay and/or special use permit including a development plan, the commission and board must make the following findings:
        1.  The proposed zoning map amendment is consistent with the policies embodied in the adopted master plan and the underlying land use designation contained in the land use plan; 
        2.  The proposed zoning map amendment is compatible with the actual and master planned use of the adjacent properties; 
        3.  The proposed gaming establishment at the specified location is consistent with the polices embodied in the adopted master plan and the general purpose and intent of the applicable zoning district regulations; 
        4.  The proposed gaming establishment is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public right-of-ways to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to nearby development and neighborhoods.  These improvements or modifications may included, but must not be limited to the placements or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both, to mitigate such impacts; 
        5.  The proposed gaming establishment will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; 
        6.  The proposed gaming establishment incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets; 
        7.  The proposed gaming establishment incorporates features to minimize adverse effects, including visual impacts and noise, of the proposed gaming establishment on adjacent properties; 
        8.  The proposed gaming establishment is not located within an identified archeological/cultural study area, as recognized by the county.  If the project is located in a study area, an archeological resources reconnaissance has been preformed on the site by a qualified archeologist and any identified resources have been avoided or mitigated to the extent possible per the findings in the report; 
        9.  The proposed gaming establishment complies with all additional standards imposed on it by the particular provisions of this chapter and all other requirements of this title applicable to gaming establishments, including but not limited to, the adequate public facility policies of this title; 
        10.  The proposed gaming establishment will not be materially detrimental to the public health, safety, convenience and welfare, and will not result in material damage or prejudice to other property in the vicinity. 
        11.  Any deviation from the standard ordinance requirements are warranted by the design and additional amenities incorporated in the development plan for the gaming establishment, which offer certain unusual redeeming features to compensate for any deviations that may be permitted; 
        12.  The proposed gaming establishment will enhance, expand and stabilize employment and the local economy; 
        13.  If the proposed gaming establishment includes a development plan with no less than 100 guest rooms, that adequate and affordable housing is available for the employees of the gaming establishment and hotel; 
        14.  On the date that the zoning map amendment application was filed, the property line of the proposed establishment was not less than: 
            a.  Five hundred feet from the property line of a developed residential district.
            b.  Five hundred feet from the property line of a public school, private school or structure used primarily for religious services or worship; 
        15.  The proposed zoning map amendment will not cause material prejudice to any of the following whose property line is within 2,500 feet from the property line of the proposed establishment:
            a.  A developed residential district, or
            b.  A public school, private school or structure used primarily for religious services; and 
        16.  The proposed gaming establishment includes a development plan that includes no less than 100 guest rooms, which comply with the requirements of chapter 447 of the Nevada Revised Statutes as amended, with the first phase of development and that are held out to the public for transient nightly occupancy.  This finding is not applicable to a gaming establishment that held a nonrestricted license on October 1, 2010, or to a proposed gaming establishment, with a special use permit and development plan or specific plan approval before August 1, 2009, located within a gaming district overlay zoning district.  All requests for revision to a gaming establishment with a special use permit and development plan approval before August 1, 2009, must follow the procedures in section 20.685.060
    C. A proposed establishment adjacent to a developed residential district may apply for a waiver of the distance requirements in subsection B(14)(a) as part of its application. The granting of such a waiver is in the discretion of the board, and may only be granted upon affirmative findings on all the other subsections in this section. In considering whether to grant the waiver, the board may base its exercise of discretion upon any relevant factor, including, but not limited to, any one or more of the following: 
        1.  The proposed establishment replaces or reconstructs an existing commercial structure.
        2.  There are significant highway or geographical features separating the proposed establishment from the residential district.
        3.  The proposal includes mitigation measures, such as lighting controls, landscaping buffers or features, sound barriers or traffic control improvements to alleviate the impact of the development on the residential district.
    D.  If the application is denied, another application concerning the same location or any portion thereof must not be heard or considered for a period of one year after the date of denial. (Ord. 1319, 2010; Ord. 1036, 2003; Ord. 997, 2002)
Top

20.685.050 (GD) Development schedule, extension, expiration, and transfer
    A.  An application for a gaming district overlay must be accompanied by a development schedule indicating the date when the development plan covering the entire area, or the first of a series of phases covering a portion of the approved development plan area, will be inaugurated and construction commenced.  The time frame for the special use permit, including the development plan and the development schedule, if approved by the board will be identical and must run concurrently.  Unless a longer time is approved under the development schedule, the special use permit and development plan covering the entire area or the first phase covering a portion, must be inaugurated and under construction or completed no later than two years after the date of the approval.  For the purposes of this section, construction means the applicant has a valid site improvement permit or building permit and is actively in the process of building or assembling infrastructure or a structure.  
    B.  The board may extend the limits imposed by the special use permit, including the development plan, and the development schedule for good cause.  If a gaming establishment was approved prior to October 1, 2010 without a development schedule, the special use permit may be extended pursuant to chapter 20.30.  If the owner(s) have failed to meet the approved development schedule, the approval for the special use permit, including the development plan, will expire and become void.
    C.  If the owner(s) of a gaming establishment file an application for a subsequent special use permit, including a development plan, the findings for a gaming establishment under section 20.685.040 must be met.  (Ord. 1327, 2010; Ord. 1319, 2010; Ord. 997, 2002)
Top

20.685.060 (GD) Revisions
A public hearing by the planning commission and board is required for a major revision to a special use permit, including an associated development plan, which involves expansion or intensification of development or changes in the standards of development.  The director will determine on a case-by-case basis those instances when a major revision to the special use permit, including development plan, is necessary, following the same procedure and findings as required in section 20.685.040.  Changes in an approved special use permit, including a development plan, which do not involve changes in expansion or intensification of development or changes in the standards of development are considered a minor revision and may be approved by the director, if the changes are consistent with the purpose, character, and conditions of the special use permit, including the development plan.   (Ord. 1319, 2010 Ord. 997, 2002)
Top