ZONING ADMINISTRATION
Sections:
20.610.010 Procedures for amending zoning regulations.
20.610.020 Procedures for zoning text or map.
20.610.030 Decision of the planning commission.
20.610.040 Decision of the board on zoning amendments.
20.610.050 Findings for zoning map amendments.
20.610.060 Determination on unlisted uses.
20.610.070 Application procedure.
20.610.080 Investigation and report.
20.610.090 Findings.
20.610.010 Procedures for amending zoning regulations.
Amendments to the text of the zoning regulations must be
in the form of an ordinance and may be initiated
by the community development department, the
planning commission, the board or by request
of a property owner, resident or owner of a business
located in the county. Requests by the public
must be submitted to the community development
department. (Ord. 971, 2001; Ord. 763, 1996;
Ord. 609, 1993; Ord. 274, 1977; Ord. 167, 1968) 
20.610.020 Procedures for
zoning text or map.
A. For amendments to the text of the zoning regulations or zoning maps,
the amendment must be referred to the planning commission by the community development
department for a public hearing. The department must notice the hearing as
provided in chapter 20.20. (Ord. 971, 2001; Ord. 763, 1996; Ord. 609, 1993;
Ord. 274, 1977; Ord. 167, 1968)
20.610.030 Decision of the planning commission.
The planning commission must consider the amendment
at a public hearing and within 10 days following
the public hearing, the planning commission must
file its written report recommending approval,
approval with modification or disapproval of
the proposed zoning amendment with the county
clerk for the board’s consideration. (Ord. 971,
2001; Ord. 763, 1996; Ord. 609, 1993; Ord. 274,
1977; Ord. 167, 1968)
20.610.040 Decision of the board on zoning amendments.
Within 30 days following the filing of the planning
commission’s report with the county clerk, the
board must consider the ordinance containing
the proposed zoning text amendment or the map
amendment at a public hearing, noticed and conducted
in accordance with the provisions of NRS and
chapters 20.20 and 20.24. The zone text amendment
must be adopted by ordinance and the map amendments
must be adopted in accordance with all procedures
established in the this code. Following approval
of the ordinance or map amendment, the Douglas
County Code’s zoning text or County’s zoning
map shall be changed to reflect the amendment.
(Ord. 971, 2001; Ord. 763, 1996)
20.610.050 Findings for zoning map amendments.
When approving a zoning text or map amendment the
planning commission and the board must make the
following findings:
A. That the proposed amendment is consistent with
the policies embodied in the adopted master plan
and the underlying land use designation contained
in the land use plan;
B. That the proposed amendment will not be inconsistent
with the adequate public facilities policies
contained in this title;
C. That the proposed amendment is compatible with
the actual and master planned use of the adjacent
properties. (Ord. 971, 2001; Ord. 763, 1996;
Ord. 609, 1993; Ord. 274, 1977; Ord. 241, 1976;
Ord. 167, 1968)
20.610.060 Determination on unlisted uses.
The director, upon a written request, or the planning
commission upon referral by the director, may
determine whether a use not specifically listed
as a use that is principally permitted or specially
permitted in a particular zoning district of
the county based on similarity of the use to
uses already listed in accordance with the following:
A. Where the term “similar uses permitted by director
determination” is mentioned within any zone district,
it shall be deemed to mean other uses which,
in the judgment of the director as evidenced
by a written decision, are similar to and not
more objectionable to the general welfare than
those uses specifically listed in the same district.
B. The director may refer a determination on an
unlisted use to the planning commission.
C. The director or the planning commission shall
not determine that a use is permitted in a zone
when the use is specifically first listed as
permissible in a zone district allowing more
intensive uses.
D. The procedures of this chapter shall not be substituted
for the amendment procedure as a means of adding
new uses to the list of permitted or specially
permitted uses.
E. The planning commission may, on its own motion
or at the request of any affected party, reconsider
and change a written decision regarding uses
previously determined by the planning commission
or by the director.
F. The director’s determination regarding conformance
of a use to a zone district may be appealed to
the planning commission pursuant to section 20.28.020. The
planning commission’s determination regarding
conformance of a use to a zone district may be
appealed to the board, pursuant to section 20.28.020.
(Ord.763, 1996; Ord. 599, 1993; Ord. 497, 1989)
20.610.070 Application procedure.
Application for a determination on an unlisted use shall
be made in writing to the director, and shall
include a detailed description of the proposed
use and any other information as may be required
to facilitate review of the request, along with the required fee as
established by resolution. (Ord. 763, 1996)
20.610.080 Investigation and report.
The director shall prepare a report which will address
the following, and shall submit copies to the
applicant and to the planning commission:
A. Comparison of the proposed use to the type and
intensity of other uses principally permitted
or conditionally permitted in the same zone district;
B. Evaluation of the purpose and intent of that
zone district;
C. Review of the master plan to compare the proposed
use characteristics with the applicable goals
and objectives. (Ord. 763, 1996)
20.610.090
Findings.
The director, or the planning commission upon referral by the director,
shall base the decision upon the following findings:
A. The use in question is of a similar type and intensity to other principally
permitted or conditionally permitted uses in the same zone district.
B. The use in question meets the purpose and intent of the district in
which it is proposed.
C. The use in question meets and conforms to the applicable policies and
maps of the master plan.
D.
If the amendment is in a receiving area, and changes land to any industrial
commercial, or residential district, or otherwise increases the density or intensity
of use, that the amendment is being requested in the context of a specific plan
or a planned development, and utilizes transfer development rights. (Ord.
1008, 2002; Ord. 763, 1996; Ord. 674, 1994; Ord. 641, 1994; Ord. 628, 1994;
Ord. 599, 1993; Ord. 497, 1989)
