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
20.714 Division of Agricultural Land for Conservation Purposes
20.714.010 Purpose
20.714.020 Clustered development
20.714.030 Ranch heritage parcels
20.714.040 Agricultural 2-5 acre parcels
20.714.050 Procedures

20.714.010 Purpose
This general purpose of this chapter is to provide means for owners of agricultural and forest and range lands to engage in limited property development to assist in the conservation of these lands, allowing for the continuation of agricultural uses and the preservation of open space. The specific purposes of this chapter are as follows: 
    A.  To promote the continuation of agriculture and agri-business as a major part of the heritage of Douglas County; 
    B.  To protect floodplains from development, thereby maintaining a passive flood control, drainage, and ground water recharge system; 
    C.  To preserve the open spaces which currently define the landscape; 
    D.  To retain groundwater, surface water, and water rights to Douglas County; and 
    E.  To promote compact development patterns that place housing in areas suited for housing and retain open space in areas not suitable for housing. (Ord. 1224; 2008)
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20.714.020 Clustered development
Clustered development occurs when a parcel or contiguous or non-contiguous parcels under the same ownership are developed to cluster lots for residential use. The purpose of the clustered development is to provide a mechanism to preserve agricultural lands and open space, locate housing in areas which can readily be served by emergency services, utilities, etc., and to provide the agricultural community an alternative to transfer of development rights or large parcelization. Clustered housing may be used when it furthers the development purposes of this chapter and meets the following requirements: 
    A.  For parcels four acres or greater, the applicant must have water rights recorded to the clustered lots. 
    B.  The area developed may not exceed 30 percent of the total project area, and the area to be conserved must be at least 70 percent of the total project area. The total project area is the total acreage involved in the proposed development, including non-contiguous parcels. 
    C.  Except as provided in paragraph H herein, the number of clustered lots created cannot exceed the density requirement for the base zoning district for the parcel, plus any density bonuses, as provided herein. 
    D.  The remainder parcels with density removed are restricted to ranching, farming, recreational, or agricultural open space use as designated, and cannot be developed for any other use. The remainder parcels shall be further restricted by including Douglas County in a deed restriction on the land owned in common by the owners or developer of the clustered parcels, or an open space easement in favor of the county, another governmental entity, or a non-profit conservation entity. 
    E.  Clustered lots shall not be located in a special flood hazard area, but density units from a special flood hazard area may be used for clustered lots outside a special flood hazard area. 
    F.  Clustered development may only be used one time. Neither the clustered lots nor the remainder parcel may be further subdivided. A note must be placed on the map indicating that no further subdivision of the land will occur. The note on the map shall describe the land affected and the terms of the restriction. 
    G.  Clustered lots can only be located in areas that will support the installation and use of an individual sewage disposal system or connection with an existing sewer system. Clustered lots are prohibited in any other areas. 
    H.  An owner that permanently restricts the use of the water rights used to support the requisite agricultural, recreational or open space use on all of the remainder parcels is entitled to two and one half (2.5) units of density for each unit of density allowed by the zone on which water rights are restricted. This additional density is allowed only when the water rights appurtenant to the reserved area are permanently restricted to that agricultural, recreational or open space use by way of a covenant running with the land to the county or a non-profit conservation entity and to be enforced by the county or a non-profit conservation entity. (Ord. 1224; 2008; Ord. 763, 1996; Ord. 641, 1994; Ord. 619, 1994; Ord. 612, 1993; Ord. 569, 1992; Ord. 167, 1968).
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20.714.030 Ranch heritage parcels
Ranch heritage parcels are smaller-than-19-acre parcels that are allowed to be created on a one-time-only basis through parcel maps or subdivision maps in the A-19 and the FR-19 zoning districts. The creation of these parcels is designed to allow owners who create conservation easements preserving 100 or more acres of irrigated agricultural land a means to keep their existing primary residences on small parcels and provide for a limited number of additional small parcels in order to retain the remainder or their holdings in agricultural use.     
    A.  When a landowner creates a conservation easement preserving 100 or more acres of irrigated agricultural land, the landowner may create smaller-than-19-acre parcels, even if they are in the primary flood zone, on a one-time-only basis. 
    B. This provision may only be used one time. Neither the smaller-than-19-acre parcels nor the parcel or parcels subject to the conservation easement may be further subdivided. A note must be placed on the map indicating that no further subdivision of the land will occur. The note on the map shall describe the land affected and the terms of the restriction. The smaller-than-19-acre parcels may be created only to support existing primary residence(s) and two additional parcels. (Ord. 1224, 2008)
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20.714.040 Agricultural 2-5 acre parcels
Agricultural 2-5-acre parcels are allowed to be created once every five years through parcel maps in the A-19 and the FR-19 zoning districts for landowners with holdings of over 100 acres of irrigated agricultural land.  One parcel may be created every 5 years.  Alternatively two parcels can be created every ten years or three every fifteen years provided there is compliance with all other provisions of this code.  The creation of these parcels is designed to allow landowners of more than 100 acres of irrigated agricultural land a means to dispose of small portions of their property, rather than portions at least 19 acres in size, in order to retain the remainder of their holdings in agricultural use.  
A. Landowners with holdings of over 100 acres of irrigated agricultural land not subject to a conservation easement may create a 2-5-acre parcel every five years per the provisions above until said holdings are reduced to 100 acres of irrigated agricultural land.  These holdings must have been held by the same owner for the previous five years to be eligible to use this provision.  For purposes of this provision, a transfer of ownership into a trust or entity controlled by the landowner will not impact the landowners 5 year eligibility requirement.  Ownership by a single person, group of people, or entity using alternate ownership naming conventions, shall not be used to create multiple eligible holdings for use of this provision multiple times.  The entirety of the landowner’s holdings and the parcels created utilizing this section are subject to the following:
1. Waiting Time/Period: A final parcel map, utilizing this section, recording date with the Douglas County Recorder’s Office is the date which will be used for calculating a waiting period of time before a landowner may again file a development application or tentative map using this section to create a 2-5 acre parcel(s).  Each waiting period is based on the number of parcels created by the final parcel map.  The waiting period is five years for one parcel which was created by the recorded final parcel map, the waiting period is ten years for two parcels which were created by the recorded final parcel map, and the waiting period is fifteen years for three parcels which were created by the recorded parcel map.  Landowners that have created parcels utilizing this section before April 20, 2017, are controlled by and subject to the waiting period/timing as set forth in the recorded map or conditions of approval placed on the tentative map before the landowner may utilize this section to create additional parcels, to the extent the recorded map or conditions of approval conflict with this subsection. 
2. The creation of a 2-5-acre parcel may not result in the creation of a non-conforming remainder parcel.
3. New parcels may be located inside or outside the floodplain, but should be located out of the floodplain when such option exists.
4. Landowners related within the third degree of consanguinity of each other that each have separate eligible holdings may engage in a one-time joint project that utilizes jointly owned land, as long as each landowner’s holdings qualifies without the jointly owned land.  The jointly and separately owned land is both subject to the five year eligibility period of ownership and the jointly owned land as well as the landowner’s separate holdings are subject to the waiting time/period following the recording of the final map.  (Ord. 1482, 2017; Ord. 1452, 2016; Ord. 1224, 2008)
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20.714.050 Procedures
Parcels created under the provisions of this chapter are required to be created through the approval of tentative and final subdivision or parcel maps. (Ord. 1224, 2008)
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