Douglas County Unincorporated
City Zoning Code

The following zone districts are hereby established to implement this chapter:

Effective 3/10/1999 the LSB zone district is an obsolete zone district. For land zoned LSB, the land uses and development standards shall be those of the LSB District when zoned LSB.

In order to recognize special areas within Douglas County which are not zone districts, the following overlay districts are hereby established:

Effective March 10, 1999, the Design Enhancement — Overlay District is an obsolete zone district. The land uses and development standards shall be those of the underlying zone district and the existing, approved design overlay plan for the site.

A boundary indicated as approximately following the center line of a street, highway, streambed, railroad right-of-way, or alley shall be construed to follow such center line.

A boundary indicated as approximately following the right-of-way line of a street, highway, or alley shall be construed to follow such right-of-way line, and in the event of a change in such right-of-way line the boundary shall be construed as moving with the right-of-way line.

A boundary indicated as approximately following platted lot lines shall be construed to follow such lot lines.

A boundary indicated as parallel to or an extension of features indicated in § 1-204, Subsections 1 through 3, above shall be so construed. Distances not specifically indicated on the official zone district map shall be determined by the scale of the map.

Where a street or alley is vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned street or alley.

Disputes concerning the exact location of any district boundary line shall be decided by the Director of Planning.

All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways and railroad rights-of-way.

Where the centerline of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

The use of land that is disconnected from an incorporated area shall be restricted to those existing lawful uses permitted by the municipal zoning regulations in place prior to disconnection. Expansion of the use shall not be permitted nor building permits issued until the land is zoned by the County.

The landowner shall submit a zoning application to the County within 90 days from the date of disconnection. The Planning and Community Development Department may concurrently provide public notice and make a recommendation for zoning if the Department is not in agreement with the landowner's request. If the landowner fails to submit a zoning application within 90 days from the date of disconnection, the Department shall initiate zoning of such land, in accordance with Part 1 Administrative Provisions and Procedures.

Uses not specifically listed or reasonably similar to those uses listed in any particular zone district shall be deemed to be excluded from the particular zone district.

Uses listed in any particular zone district shall be deemed to be excluded from any other zone district, unless such use is specifically listed in the other zone district.

Uses not listed may be interpreted for inclusion in a specific zone district by the Director when such use is reasonably similar to those uses listed.

Uses not specifically listed or not reasonably similar to those uses listed, or not interpreted for inclusion by the Director, in a specific zone district, may be added to the appropriate zone district upon the approval by the Board in accordance with the following procedure:

The area of a lot required for the purpose of complying with the provisions of this chapter shall not be included as part of the area required for another lot.

A minimum lot area shall not be required for utility service facilities or telecommunication facilities. The required lot area, for major facilities of a public utility and telecommunication facilities, shall be addressed in the Use By Special Review in accordance with Part 21 of this chapter.

Lots conforming to the minimum lot area requirements of a zone district, that are reduced in land area due to land acquisition by a governmental entity, shall be considered conforming to the minimum lot area requirements of the specific district for principal uses, accessory uses and uses permitted by special review.

Building Permit. It shall be unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure, including surface and subsurface structures, or to move a structure from one property to another within the unincorporated area of Douglas County, without first obtaining a building permit from the County Building Division. The plans, submitted with the building permit application, for the proposed erection, construction, reconstruction, alteration, or use shall conform to all applicable provisions of this chapter and shall be constructed in accordance with the Douglas County Building Code as adopted.

Construction in Easement. No structure requiring a building permit may be erected, placed upon or extended over any easement unless approved in writing by the agency or agencies having jurisdiction over such easement. A copy of such approval shall be submitted to the Building Division prior to building permit issuance.

Avigation Hazard. It shall be unlawful to construct, build, establish or continue to maintain any building, tree, smoke stack, chimney, flag pole, wires, tower or other structure or appurtenance thereto which may constitute a hazard or obstruction to the safe navigation, landing and take off of aircraft at a publicly used airport under the regulation of the appropriate United States Civil Aeronautics Authority, in compliance with the Centennial Airport Review Area — Overlay District of this chapter.

Parcels Described By Metes and Bounds.

Parcels Described By a Survey. When two or more contiguous, nonconforming parcels, shown on a recorded survey (i.e., townsite), that did not receive County approval, come under single ownership and are described in the same deed, these parcels may be deemed one lot for the purpose of building permit issuance. A building permit may be issued, provided the minimum required lot size and setbacks of the zone district in which the land is located are met.

The sending parcel shall result in open space preserved in perpetuity via a conservation easement, or other restriction acceptable to the County.

No net increase in dwelling units in the nonurban area of the County shall occur as a result of such transfer, except when there is an opportunity to downzone land in the nonurban area to bring the zoning and land use into compliance with the Douglas County Master Plan, and a greater public benefit can be demonstrated such as preserving a view corridor as identified on the Douglas County Master Plan Open Land Opportunities Map, preserving the natural landscape; or protecting wildlife habitat or corridors.

Note: The conversion of B/C/LI/GI to agricultural or residential units shall be allowed at a rate not to exceed one unit/2.5 acres, and may be less due to site conditions.

Such transfer or agreement to transfer shall occur concurrently with the rezoning of the receiving parcel, as necessary.

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