Chapter 20.704
GENERAL PROVISIONS
Sections:
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 Part III of the Douglas County Development
Code. (Ord. 801, 1998; Ord. 763, 1996; Ord.
390, 1981; Ord. 158, 1967) 
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)
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)
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 fireflows;
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 sub-paragraphs 1, 2,
3 and 4 hereof are met. (Ord. 763, 1996; Ord.
641, 1994; Ord. 390, 1981; Ord. 158, 1967)
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)
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)
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 variance
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 20.44.
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)
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)
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)
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)
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)
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)
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)
