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Title 12 Streets and Other Public Places
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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
20.471 Maintenance District 1 - Monterra
20.471.010 Definitions
20.471.020 Establishment of Maintenance District I - Monterra
20.471.030 Effective Date of Ordinance
20.471.040 Assessments
20.471.050 Improvements
20.471.060 Public Benefit
20.471.070 County Lien Right
20.471.080 Limit on Liability
20.471.090 Expansion of District
20.471.100 Recorded Notice
20.471.110 Review of Continuation of District
20.471.120 Severability

20.471.010 Definitions
         A. “Assessment amount”:  The monetary amount based on the County’s cost of administration and maintenance for the maintenance district property and improvements, levied against each assessment unit as an assessment for any given assessment period.
         B. “Assessment period”:  The fiscal year of the district which will begin on July 1 of each year and end on June 30th of the following year.  The initial assessment period will commence on the date the improvements are accepted and will terminate on the following June 30th.
         C. “Assessment unit”: Each legal unit of the property designated on a final map and intended for improvement with a single family dwelling whether or not the dwelling has been constructed.  The boundaries of each assessment unit and the number identifying the assessment unit are on the final map for the property.
         D. “District”: The district is Maintenance District 1 – Monterra, established by this ordinance in accordance with NRS 278.478 to NRS 278.4787, inclusive, and Douglas County Code chapter 20.470 for the maintenance of certain improvements on the maintenance district property.
         E. “Improvements”: Those improvements to the maintenance district property set forth in the approved plans and accepted by the County.

         F. “Maintenance district property”: That certain real property located in Douglas County, Nevada, described in the attached Exhibit “B”, together with all real property added by an expansion of the district pursuant to section 20.471.090.
         G. “Property”: That certain real property located in Douglas County, Nevada, described in the attached Exhibit “A” and consisting of assessment units together with all real property added by any expansion of the district pursuant to section 20.471.090. (Ord. 1413, 2014; Ord. 1205, 2007)

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20.471.020 Establishment of Maintenance District I - Monterra
A maintenance district is created and established for the Maintenance District 1 – Monterra property and each assessment unit presently or in the future created in the district, as shown in Exhibit “A”, the property to be assessed, and Exhibit “B”, the maintenance district property; in accordance with sections 20.470.010 through 20.470.110, inclusive. (Ord. 1413, 2014; Ord. 1205, 2007) 
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20.471.030 Effective Date of Ordinance
This ordinance is effective upon passage; the county has no obligation to undertake nay maintenance or assessment billing obligations until the County accepts of the improvements.  The petition will bear all responsibility for the maintenance and upkeep of the improvements until the acceptance date. (Ord. 1413, 2014; Ord. 1205, 2007) 
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20.471.040 Assessments
        A. The assessment amount for each assessment unit will be in the amount of $14.21 per unit per month plus 1% administrative cost for $172.23 for the annual assessment period; subject to an annual adjustment based on actual costs or an expansion of the district.  Each assessment amount includes, and will continue to include, both an allocation for the County’s annual cost for maintenance with respect to Maintenance District 1 and for the County’s administrative, overhead, and ownership costs and expenses attributable to Maintenance District 1, for the applicable assessment period.  The assessment amount has been, and will continue to be, adjusted in accordance with the County’s determination of the contribution for the benefit to the public from the improvements set out in section 20.470.060(C).  The assessment amount may be billed by the County with property tax or on an annual, quarterly or monthly basis.  
         B. The assessment amounts are payable on or before the 30th day from the day the County mails to the owner of the assessment unit a bill for the assessment amount to the same address for the owner of the assessment unit as billings for real property taxes are sent by the County or if billed with the property taxes the assessment will be payble on the same date(s) as the property taxes are due. 
         C. Assessment amounts for any partial assessment period will be prorated based on a 365-day year.
         D. Assessment amounts, which are not paid when due, will accrue penalties and interest in the same manner and amount as assessed on property taxes per NRS Chapter 361, Property Tax. (Ord. 1413, 2014; Ord. 1205, 2007)
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20.471.050 Improvements
    A.   The improvements must be installed by petitioner in accordance with the approved landscape plans in a good and workmanlike, lien-free manner on or before September 1, 2014.  Once the improvements are completed, petitioner must notify the County for inspection and acceptance.  If the improvements are not constructed when the ordinance creating the district is approved the petitioner must provide the county security, pursuant to DCC 20.720.030, in an amount and on the terms as the county deems appropriate, unless the improvements have already been secured as part of the subdivision improvement plans. 
    B.   Before the county may accept of the improvements, petitioner must provide to the county an easement for access and maintenance of the improvements across applicable real property in Maintenance District 1. 
    C.   The county will undertake or cause to be undertaken the maintenance of the improvements consistent with the levels and standards set forth in the attached Exhibit "C" on the county's acceptance of the improvements. (Ord. 1413, 2014; Ord. 1205, 2007)
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20.471.060 Public Benefit
The County Commission determines there is no recognizable amount of benefit to the public interest from the assumption of the maintenance of these subdivision perimeter improvements.  Accordingly, the County will not reduce the direct costs included in the calculation of the assessment amounts.  If at a later date the County Commission determines that there is a benefit to the public, it must designate a source of the funds for the public portion and adjust the assessment amount in section 20.470.060. (Ord. 1413, 2014; Ord. 1205, 2007) 
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20.471.070 County Lien Right
Once levied, the assessment amounts will constitute liens on and against the respective assessment units within the maintenance district.  Each lien may be executed, and will have the same priority, as a lien for real property taxes with respect to each assessment unit. (Ord. 1413, 2014; Ord. 1205, 2007)
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20.471.080 Limit on Liability
The County has no liability whatsoever, and each owner of an assessment unit, for itself and all persons claiming through the owner, agrees to hold the County harmless from any and all claims, losses, liabilities, injuries and damages arising out of or in connection with the non-negligent performance by the County or its authorized agents or independent contractors of the obligations for Maintenance District 1 undertaken by the County pursuant to this ordinance. (Ord. 1413, 2014; Ord. 1205, 2007) 
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20.471.090 Expansion of District
Upon the filing of a petition and by appropriate amendment to this ordinance after the County Commission has made the findings pursuant to section 20.470.100, Maintenance District 1 may be expanded to include future phases of the subdivision for which the instant petition has been presented. (Ord. 1413, 2014; Ord. 1205, 2007)  
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20.471.100 Recorded Notice

Concurrently with the recording of a final subdivision map for the Maintenance District 1 property, a notice of the inclusion of the property in Maintenance District 1, or the inclusion of any property with the expansion of the district, with a true and accurate copy of the ordinance attached, must be recorded against all the Maintenance District 1 property.  This notice must be in a form sufficient to encumber the Maintenance District 1 property and run with the title.  If a final map has been already been recorded, the County shall record a copy of this ordinance against all the properties included within Maintenance District 1 in order to advise the current and future owners of the tracts of land or residential units that the tracts of land or residential units are subject to the assessment.  The costs of recording the notice must be paid by the petitioner. (Ord. 1413, 2014; Ord. 1205, 2007)

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20.471.110 Review of Continuation of District
On notice to the owners of Maintenance District 1 property, the County or at least 50 percent of the owners of Maintenance District 1 property may request a public hearing to review and determine whether it is desirable to continue Maintenance District 1 in accordance with section 20.470.110.  If the County determines it is not desirable to continue district, the district may be dissolved in accordance with section 20.470.110.  In such event, the majority of owners of the property may, within six months, form a homeowners’ association to take ownership of the property subject to the maintenance district and assume responsibility for the maintenance of the maintenance district property.  During this six-month transition period, the owners of Maintenance District 1 property must continue to pay the assessments and the County will continue maintaining the improvements. (Ord. 1413, 2014; Ord. 1205, 2007)
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20.471.120 Severability
Should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, that decision will not affect the validity of the ordinance as a whole or any part other than the part declared to be unconstitutional or invalid.  Should any clause or provision be declared to be unconstitutional, and the result prohibits the County from levying and collecting assessments as provided in this ordinance, then this ordinance must be deemed null and void and of no further force or effect, unless and until the County by further ordinance duly adopted amends this chapter in a manner acceptable to the County for the purpose of reestablishing a method for the levying and collection of assessments. (Ord. 1413, 2014; Ord. 1205, 2007)

EXHIBITS
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