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
20.704 General Provisions
20.704.010 Declaration
20.704.020 Policy
20.704.030 Purpose
20.704.040 Authority and jurisdiction
20.704.050 Interpretation, conflict, and separability
20.704.060 Classification of division of land
20.704.070 Variances
20.704.100 Incorporation of standards by reference
20.704.110 Maps within three miles of town boundary
20.704.120 Review by other agencies
20.704.130 Subdivision name
20.704.140 Effect of recordation
20.704.150 Prohibited activities

20.704.010 Declaration
This part shall be known and may be cited in all proceedings as the "Procedures for Division of Land," consisting of chapter 20.704 of the Douglas County Development Code. (Ord. 801, 1998; Ord. 763, 1996; Ord. 390, 1981; Ord. 158, 1967)
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20.704.020 Policy
    A.  It is declared to be the policy of the county to consider the division of land and the subsequent development of the divided land as subject to the control of the county pursuant to the master plan for the orderly, planned, efficient, and economical development of the county. 
    B.  Land to be divided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, slope instability or other menace, and land shall not be divided until adequate public facilities and improvements exist and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks, recreation facilities, transportation facilities, and improvements in accordance with the provisions of this code. 
    C.  The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the master plan and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, zoning ordinance, master plan, land use plan, and capital improvements plan and programs of the county. (Ord. 763, 1996; Ord. 641, 1994; Ord. 390, 1981; Ord. 158, 1967)
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20.704.030 Purpose
The general purpose of this chapter is to safeguard the public health, safety and general welfare by regulating the division of land and requiring certain necessary improvements as a consequence of the division of land. The specific purposes of this title are as follows:     
    A.  To promote public health, safety, convenience and general welfare by ensuring development of land in a manner consistent with community objectives as set forth in the master plan and community plans; 
    B. To preserve and protect the natural environment, including the water and air; and to safeguard against excessive storm water run off, erosion, flooding, wildfire and the depletion or pollution of water resources; 
    C.  To encourage conservation of natural resources, including but not limited to, water, land, streambeds, ridge lines, hillsides and scenic areas, and concurrently assuring that open space and trails are established within a coordinated system; 
    D.  To facilitate, through orderly design and development, law enforcement, fire protection, and other services;     
    E.  To safeguard the general welfare by limiting the division of land in areas where excessive costs and low efficiency services may result; 
    F.  To ensure at the time of land division the provision of adequate water supply, storm drainage and sewer disposal, and other utilities, services and improvements needed as a consequence of any change or intensification of the land use; 
    G.  To ensure that governmental maintenance costs are minimized by requiring the installation of improvements adequate in size and quality; 
    H.  To provide streets of adequate capacity so as to give access to abutting property as well as to carry anticipated increased traffic; 
    I.  To ensure that roadways are designed so as to minimize safety hazards to vehicles and their occupants as well as to cyclists, pedestrians and equestrians; 
    J.  To encourage an organized pattern of urban development and efficient provision of utilities and public services; 
    K.  To conserve agricultural resources; 
    L.  To prevent the pollution of air, streams, and ponds; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the county in order to preserve the integrity, stability, and beauty of the community and the value of the land;     
    M.  To preserve the topography of the county and to insure appropriate development with regard to these natural features; and 
    N.  To provide for open spaces through the most efficient design and layout of the land. (Ord. 763, 1996; Ord. 495, 1989; Ord. 390, 1981; Ord. 158, 1967)
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20.704.040 Authority and jurisdiction
    A.  Authority. The design, improvement, mapping and sale of subdivision lots, parcel map lots, or land division map lots, are regulated by Chapters 117, 278 and 278A of the NRS, and by the provisions of this code.     
    B.  Jurisdiction. These procedures shall apply uniformly to all divisions of land within the county. No land shall be divided or within the limits of the county after the effective date of these regulations until: 
        1.  The owner or his agent submits a tentative map application to the county through the department; 
        2.  The tentative and final maps are approved; 
        3.  Subdivision improvements have been constructed as follows: 
            a.  On and off-site water and sewer improvements are complete including all necessary improvements for fire flows; 
            b.  Streets are complete or at minimum sub-base is in place and is adequate to support emergency access vehicles to the satisfaction of the fire department; 
            c.  Street identification signs are in place; and 
            d.  Drainage conveyance facilities and other improvements have been constructed and functional;
        4.  The approved map is recorded with the county recorder.
    C.  Except as provided in section 20.720.120, no building permit will be issued for any parcel or lot created after the effective date of these regulations until the conditions in subsections 1, 2, 3, and 4 above are met. (Ord. 763, 1996; Ord. 641, 1994; Ord. 390, 1981; Ord. 158, 1967)
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20.704.050 Interpretation, conflict, and separability
    A.  In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. 
    B.  Conflict with other law. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations impose restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. (Ord. 763, 1996; Ord. 641, 1994; Ord. 390, 1981)
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20.704.060 Classification of division of land
    A.  Whenever any division of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed division shall be granted, the owner, or his authorized agent, shall apply for and secure approval of such proposed division of land in accordance with the procedure indicated in this title. For the purposes of this title, land proposed to be divided shall be classed as follows: 
        1.  Subdivision map, five or more parcels; 
        2.  Commercial subdivision map; 
        3.  Parcel map, four parcels or fewer; 
        4.  Division of land into large parcels, parcels of 40 acres or more. 
        5.  Division of land for agricultural purposes. (Ord. 801, 1998; Ord. 763, 1996; Ord. 390, 1981)
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20.704.070 Variances
    A.  General. Where the final decision-maker finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these regulations so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the approving authority shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: 
        1.  The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; 
        2.  The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; 
        3.  Because of the physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; 
        4.  The variance will not in any manner vary the provisions of the zoning ordinance, or master plan; 
        5.  The granting of the variance substantially conforms to adequate public facilities requirements of this code; and 
        6.  The variance will not have the effect of preventing the orderly division of other land in the area in accordance with the provisions of this code.
    B.  Criteria for variances from development exactions. Where the final decision-maker finds that the imposition of any development exaction pursuant to these regulations exceeds that permitted by law, it may approve variances to such requirements, so the exaction is proportionate to the impact of the development. In considering such request, the final decision-maker also shall take into account the detriment to the public health, safety and welfare from not imposing the requirements. 
    C.  Conditions. In approving variances, the final decision-maker may require conditions to substantially meet the objectives of the standards or requirements of this code in accordance with chapter 20.14. 
    D.  Procedures. A petition for a variance shall be submitted in writing by the owner or authorized agent, together with the prescribed fee, in conjunction with the application for approval of a subdivision, parcel map or land division map. The petition shall state fully the grounds for the variance and all of the facts relied upon by the applicant. The petition shall be processed and a decision shall be rendered utilizing the standards contained in this chapter simultaneous with the decision-maker's action on the map. The decision on the variance is subject to the same rights of appeal as the decision-maker's action on the map application. 
    E.  Planned developments. It is the intent of this chapter that the subdivision of land that is the subject of a planned development be processed concurrently with plan approval, pursuant to chapter 20.676. If the subdivision map is consistent with the planned development permit and tentative and final plan for the planned development approved by the board, any variation in the standards or requirements otherwise made applicable to the map by these regulations, which is necessitated by the planned development permit may be approved without regard to the standards and procedures for variances required by this chapter; provided that the board may impose such conditions as are necessary to assure that the purposes of this Part III are met. (Ord. 801, 1998; Ord. 763, 1996; Ord. 641, 1994; Ord. 390 1981)
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20.704.100 Incorporation of standards by reference
The standards to be applied for approving divisions of land relating to adequate public facilities, improvement and design standards, environmental performance standards and other substantive criteria established elsewhere in the land development code are incorporated by reference. (Ord. 801, 1998; Ord. 763, 1996)
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20.704.110 Maps within three miles of town boundary
Whenever any owner proposes to divide any land within three miles of the exterior boundary of an unincorporated town within the county, the county shall cause to be filed a copy of the tentative map application with the town board or other governing body, as may be authorized to review land divisions within town boundaries. The commission and board shall take into consideration the report of the town concerning the tentative map application, provided such report is received in time for the hearing. (Ord. 763, 1996)
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20.704.120 Review by other agencies
Tentative map applications will be submitted to other agencies for review, comment, and approval, as prescribed by NRS, or as otherwise provided by law. (Ord. 763, 1996; Ord. 390, 1981)
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20.704.130 Subdivision name
The name of any proposed subdivision shall not duplicate, or closely approximate the name of any other subdivision in the area covered by these regulations. The county will be responsible for assigning a unique map reference number to each tentative map filed. (Ord. 763, 1996)
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20.704.140 Effect of recordation
The title of any property dedicated to the county by the owner shall pass to the county when the approved map is recorded. If, at the time of final map approval, any properties or improvements are rejected, offers of dedication shall remain open and the board may, by resolution, at any later date and without further action by the land divider, rescind its action and accept improvements for public use, which shall be recorded in the official county records. (Ord. 801, 1998; Ord. 763, 1996; Ord. 641, 1994; Ord. 500, 1989; Ord. 390, 1981; Ord. 158, 1956)
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20.704.150 Prohibited activities
    A.  No owner, or agent of the owner, of any parcel of land located in a proposed subdivision of land shall transfer or sell any such parcel before a map of such division has been approved by the county, and recorded by the county recorder. 
    B.  The division of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, or lease with the intent of evading these regulations, shall not be permitted. 
    C.  No building permit shall be issued for the construction of any building or structure located on a lot or parcel divided or sold in violation of the provisions of these regulations, except as otherwise provided in this title. (Ord. 801, 1998; Ord. 763, 1996; Ord. 641, 1994; Ord. 390, 1981; Ord. 329, 1980; Ord. 167, 1968)
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