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
20.698 Nonconforming Uses and Structures
20.698.010 Purpose
20.698.020 Nonconforming uses
20.698.030 Nonconforming structures
20.698.040 Termination of nonconforming uses and structures
20.698.050 Nonconforming accessory uses and accessory structures
20.698.060 Nonconforming lots
20.698.070 Loss of legal nonconforming use status procedures
20.698.080 Amortization of nonconforming uses and structures

20.698.010 Purpose
The purpose of this chapter is to regulate and limit the continued existence of uses and structures established prior to the enactment of this title, or any amendments, that do not conform to the provisions of this title. Nonconforming uses may continue, but the provisions of this division are designed to curtail substantial investment in nonconforming uses and structures and, when necessary in order to preserve the integrity of this title, to bring about their eventual elimination. (Ord. 763, 1996; Ord. 167, 1968; Ord. 103, 1955)
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20.698.020 Nonconforming uses
    A.  Continuation. Nonconforming uses may continue in accordance with the provisions of this chapter. 
    B.  Maintenance and repair. Normal maintenance and repair to permit continuation of registered nonconforming uses may be performed. 
    C.  Expansion. Nonconforming uses shall not be extended or enlarged except as provided by this chapter. 
    D.  Change of use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the zoning district in which it is located. (Ord. 763, 1996; Ord. 1676, 1968).
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20.698.030 Nonconforming structures
    A.  A nonconforming structure devoted to a use permitted in the land use district in which is it located may be continued in accordance with the provisions of this chapter. 
    B.  Normal maintenance and repair of nonconforming structures may be performed. 
    C.  Nonconforming structures which are used in a manner conforming to the provisions of this title may be enlarged or extended provided that the nonconformity is not further enlarged or expanded. 
    D.  A nonconforming structure, other than an historic structure previously listed on the National Register of Historic Places or designated as historic by the board, shall not be moved unless it will conform to the regulations of the land use district in which it is located. (Ord. 763, 1996; Ord. 167, 1968; Ord. 103, 1955)
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20.698.040 Termination of nonconforming uses and structures
    A.  Where a nonconforming use of land or structure is discontinued or abandoned for six consecutive months, the use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this title. 
    B.  Damage or destructions. 
        1.  If a structure in which a nonconforming use is located is damaged or destroyed enough to require substantial improvement, then the structure may be repaired or restored only for uses which conform to the provisions of the zoning district in which it is located. If the cost of improvement exceeds 50 percent of the assessed value of the structure, the improvement is a substantial improvement. Within the unincorporated Town of Genoa, such a structure may be repaired or restored, and the nonconforming use continued, regardless of the extent of such damage or destruction. 
        2.  Any part of a structure, in which a nonconforming use is located, which is damaged or destroyed to the extent that less than 50 percent of the fair market value of the structure may be restored as of right, may be reconstructed if a building permit for reconstruction is issued within six months of the date of the damage and if the resulting structure conforms to the provisions of the land use district in which it is located. (Ord. 763, 1996; Ord. 167, 1968; Ord. 103, 1955)
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20.698.050 Nonconforming accessory uses and accessory structures
A nonconforming accessory use or accessory structure shall not continue after the principal structure or use is terminated unless the structure or use conforms to the provisions of the land use district in which it is located. (Ord. 763, 1996; Ord. 167, 1968; Ord. 103, 1955)
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20.698.060 Nonconforming lots
    A.  When an existing nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot area applicable to the zoning district, the lot may be used as proposed. 
    B.  When a use proposed for a nonconforming lot is one that is conforming in all other respects with the applicable setback requirements, the property owner may apply for a variance pursuant to chapter 20.606. 
    C.  If an undeveloped nonconforming lot adjoins one or more other undeveloped nonconforming lots in common ownership, a variance shall not be granted if re-subdivision or lot merger to make both lots conforming can be reasonably accomplished. (Ord. 763, 1996; Ord. 167, 1968; Ord. 103, 1995)
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20.698.070 Loss of legal nonconforming use status procedures
    A.  The department shall be charged with the responsibility to ensure compliance with the provisions of this chapter. If at any time the department determines that the provisions of this chapter have been violated, so that a use or structure should no longer enjoy legal nonconforming status, the department shall prepare a report setting forth the reasons for the determination and a recommendation on the appropriate course of action. The report shall be submitted to the planning commission. Personal notice of such determination shall be given by first class mail, to the owner of the property or structure which is the subject of the determination, advising the owner that a hearing to consider the administrator’s determination shall be held by the commission on a date certain, not less than 30 working days following the date the notice is mailed and specifying the time and place of the hearing. 
    B.  The hearing before the commission shall be held in accordance with the provisions of chapter 20.24. The decision on whether the use or structure should be required to conform to the provisions of this title shall be rendered by the commission in accordance with the provisions of chapter 20.10. (Ord. 763, 1996; Ord. 167, 1968; Ord. 103. 1955)
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20.698.080 Amortization of nonconforming uses and structures
    A.  Upon a recommendation by the community development department that a type of nonconforming structure or use, or any specific nonconforming structure or use is detrimental to the public health, safety or general welfare, the board may adopt an amortization schedule under which a nonconforming use or structure, or type of nonconforming use or structure, may be gradually eliminated. The schedule shall establish a timetable by which the nonconforming uses or structures shall be eliminated or made conforming and be consistent with the following: 
        1.  Following adoption of an amortization schedule covering a type of nonconforming use or structure, or a particular nonconforming use or structure, the department may initiate amortization proceedings with respect to specific uses or structures in the manner provided in section 20.698.080. Any nonconforming use or structure found to be detrimental to the public health, safety or general welfare, may be ordered to be removed or the use discontinued in accordance with the time frames established in the adopted amortization schedule. 
        2.  Upon failure of the property owner to carry out the order, the county may take any steps necessary to remove such structure or discontinue the use and assess the cost thereof against the property owner. (Ord. 763, 1996)
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