Chapter 20.01
GENERAL PROVISIONS; CONSISTENCY WITH MASTER PLAN;
RIGHT TO FARM
Sections:
20.01.010 Title.
20.01.020 Purpose.
20.01.030 Conformance with master plan.
20.01.040 Enactment.
20.01.050 Interpretation, conflict and severability.
20.01.060 Saving provision.
20.01.070 Effect of this title on approved development
permits, development permits, currently being processed, and new applications
for development permits.
20.01.080 Interpretation of language.
20.01.090 Similar use determination.
20.01.100 Right to farm.
20.01.110 Enforcement authority.
20.01.010 Title.
This title shall be known and may be cited in all proceedings as the “Douglas
County Development Code.” (Ord. 763, 1996; Ord.390, 1981; Ord.167, 1968)
20.01.020
Purpose.
The board of county commissioners finds and declares that this title is
adopted to promote the public interest, health, safety, morals, convenience
and general welfare; to reduce traffic congestion and hazards in the streets;
to preserve recognized values of historic and community appearance, charm and
character; to provide light and air for all buildings; to safeguard and enhance
property values; to avoid undesirable concentrations of population; to prevent
overcrowding of land; to facilitate adequate provision of transportation, water,
sewage, schools, park and other facilities and services; and to provide the
economic and social advantages gained from a comprehensively planned use of
land resources. (Ord. 763, 1996; Ord. 641, 1994; Ord. 495, 1989; Ord. 353, 1980;
Ord. 167, 1968)
20.01.030
Conformance with master plan.
This title and the official zoning map of the county, as adopted, are declared to conform to the master plan of the county pursuant
to the provisions of chapter 278, NRS. (Ord. 763, 1996; Ord.641, 1994; Ord. 167, 1968)
20.01.040 Enactment.
To promulgate the Douglas County Master Plan, this title is adopted and
made effective as of November 21, 1996, Ordinance 96-763, and as amended by
Ordinance 984 effective October 25, 2001. (Ord. 984, 2001; Ord. 763, 1996;
Ord. 641, 1994; Ord. 353, 1980; Ord. 167, 1968)
20.01.050 Interpretation, conflict and severability.
A. In their interpretation and application, the provisions of this title
shall be held to be the minimum requirements for the promotion of the public
health, safety, morals, convenience and general welfare. These regulations shall
be construed broadly to promote the purposes for which they are adopted.
1. Public provisions. These regulations are not intended to interfere
with, abrogate, or annul any other ordinance, rule or regulation, statute or
other provision of law except as provided in these regulations. Where any provision
of these regulations imposes restrictions different from those imposed by any
other ordinance, rule or regulation of the county, or other provision of law,
the provision which is more restrictive or imposes higher standards shall control.
2. Private provisions. Private easements, covenants, conditions and
restrictions of record are not enforced by the county except as specifically
provided by agreement of Douglas County
B. If any part or provision of these regulations or the application of
these regulations to any person or circumstances is adjudged invalid by any
court of competent jurisdiction, the judgment shall be confined in its operation
to the part, provision, or application directly involved in the controversy
in which the judgment shall be rendered and it shall not affect or impair the
validity of the remainder of these regulations or the application of them to
other persons or circumstances. The board hereby declares that it would have
enacted the remainder of these regulations even without any such part, provision,
or application which is judged to be invalid. (Ord. 763, 1996; Ord.641, 1994;
Ord. 390, 1981; Ord. 353, 1980; Ord.167, 1968)
20.01.060
Saving provision.
The provisions of this title shall not be construed as abating any action
now pending under, or by virtue of, prior existing land development regulations,
or as discontinuing, abating, modifying, or altering any penalty accruing or
about to accrue, or as affecting the liability of any person, firm, or corporation,
or as waiving any right of the County under any chapter or provision existing
at the time of adoption of these regulations, or as vacating or annulling any
rights obtained by any person, firm, or corporation, by lawful action of the
county except as shall be expressly provided for in these regulations.
The provisions of this title notwithstanding,
in the Lake Tahoe Basin every structure housing gaming
under a non-restricted license which existed as a
licensed gaming establishment on May 4, 1979, or
whose construction was approved by the Tahoe Regional
Planning Agency (TRPA) affirmatively or deemed approved
before that date is recognized as a permitted and
conforming use and as complying with and conforming
to all of the regulations prescribed in this title.
Any existing or approved structure and associated
structures may be repaired, reconstructed, altered
and rebuilt or replaced in whole or in part to a
size in accordance with the Tahoe Regional Planning
Compact. Alteration, rebuilding or replacement shall,
if required, comply with the provisions of this title
including applicable building, mechanical, plumbing,
electrical and fire codes. (Ord. 763, 1996; Ord.
390, 1981)
20.01.070 Effect of this title on approved development permits, development
permits currently being processed, and new applications for development permits.
A. Approved development.
1. Development to which an application for design review, special use
permit, variance, tentative parcel map, final parcel map, tentative subdivision
map, final subdivision map, tentative land division map or final land division
map has been finally approved and which approval remains valid on the effective
date of this title shall remain valid unless such approval expires by the terms
of the approval or in accordance with chapter 20.30. Development which has been
granted approval may be built in accordance with the development standards in
effect at the time of approval, provided that the approval is valid at the time
building permits are issued and that the approval is subject to any time limits
imposed pursuant to this title; further provided that any subsequent applications
for a development permit required by this title prior to issuance of and including
a building permit and certificate of occupancy shall be processed in accordance
with the procedures established by this title for the processing of such development
permit.
2. No provision of this title shall require any change in the plans,
permit expiration, construction or designated use of any structure for which
a building permit has been issued prior to the effective date of this title
or any subsequent amendment.
3. Any re-application for an expired development permit must meet the
standards in effect at the time of re-application.
B. Projects in process. Development for which an application for a development
permit has been accepted as complete, but which has not been granted final approval
by the appropriate designated official prior to the effective date of this title,
shall be subject to the land use regulations, standards for approval, and other
requirements in effect at the time the application was deemed complete; provided
that any subsequent application for a development permit required by this title
prior to issuance of and including a building permit and certificate of occupancy
shall be processed in accordance with the procedures established by this title
for the processing of such development permit. If approved, the development
may be built in accordance with the development standards in effect at the time
of application, provided that any design review filed subsequent to the issuance
of a special use permit or re-application for an expired permit must meet the
standards for approval in effect at the time of application. This provision
shall not apply to any application for a master plan amendment or zoning map
amendment.
C. New applications. If no application for a development permit has been accepted as complete and the development has received no more than approval of a master plan map amendment or a zoning map amendment prior to the effective date of this title, pending and subsequent applications for development approval shall be subject to all requirements, standards and procedures set forth in this title. (Ord. 801, 1998; Ord. 763, 1996; Ord. 674, 1994; Ord. 641, 1994; Ord. 628, 1994; Ord. 599, 1993; Ord. 497, 1989)
20.01.080
Interpretation of language.
In the event this title requires interpretation, the director may make the
interpretation or refer the matter to the planning commission for action, except
as otherwise provided. (Ord. 763, 1996; Ord. 641, 1994; Ord. 353, 1980; Ord.
167, 1968)
20.01.090 Similar use determination
The director may authorize a use not specifically listed within a zoning
district if it is determined that the use is similar to other uses permitted
in the zoning district provided that the use is not specifically listed in another
zoning district, pursuant to section 20.610.060 (Zoning administration–determination
on unlisted uses). (Ord. 763, 1996)
20.01.100
Right to farm.
It is the declared policy of Douglas County to conserve, protect, enhance,
and encourage agricultural operations within the county. Further, it is the
intent of the county to provide proper notification of the county’s recognition
of agriculture’s right to farm.
Where non-agricultural land uses, and especially residential developments, extend into agricultural areas or exist side-by-side, agricultural operations have often become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to cease or curtail operations and many others are discouraged from making investments in farm improvements to the detriment of adjacent agricultural uses and economic viability of the county’s agricultural industry as a whole. It is the purpose of this chapter to protect agricultural resources and to reduce the loss to the county’s agricultural lands by limiting the circumstances under which agricultural operations may be considered a nuisance. This chapter is not to be construed as in any way modifying or abridging any provision of NRS relative to nuisances, but rather is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations.
The further purpose of this code section is to promote a good neighbor policy between farmers, ranchers and residents by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with proximity to agricultural operations, including but not limited to the sounds, odors, dust and chemicals that may accompany agricultural operations so that these purchasers and users will understand the inconveniences that accompany living side-by-side with agricultural uses and will be prepared to accept the problems as the natural result of living in or near rural areas.
The right to farm purposes shall be furthered through the following:
A. No existing or future agricultural operation or any of its appurtenances conducted in a manner consistent with proper and accepted standards on agricultural land shall become or be a nuisance, for purposes of all chapters of this code, provided that the agricultural operation complies with all chapters of this code and provided that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any agricultural operation.
B. Douglas County shall cause to be mailed to all property owners of real property within the county with the annual tax bill the following notice: “Douglas County has declared it a policy to protect and encourage agricultural operations. If your property is located near an agricultural operation, you may at some time be subject to inconvenience or discomfort arising from agricultural operations. If conducted in a manner consistent with proper and accepted standards, these inconveniences and discomforts do not constitute a nuisance for purposes of the Douglas County Code.”
C. When giving notice required by NRS, a person who is selling real property which is near an agricultural operation shall disclose in writing to the prospective purchaser the notice contained in paragraph B above.
D. Where a discretionary development permit, including but not limited to subdivision and special use permit, is sought on or adjacent to lands zoned to permit agricultural operations, the discretionary permit shall include a condition requiring the recordation of a deed restriction to notify any present or future owners, users and tenants of the notice contained in paragraph B above.
E. The county may require the developer to install
or permit the installation of signs to notify prospective
purchasers and users that adjacent or nearby lands
are being used for agricultural purposes and that those
interests are protected by law. (Ord. 763, 1996)
20.01.110
Enforcement authority.
A. It is the duty of the director or his authorized representative to enforce all of the provisions of this chapter.
B. It is unlawful for any person to interfere
with the director or his authorized representative
in the performance of his duties. (Ord. 763, 1996;
Ord. 641, 1994; Ord. 329, 1980; Ord. 167, 1968)
