Douglas County Unincorporated
City Zoning Code

To provide areas for medium low-density residential homesites, on land that has minimal farming or ranching value, that create country living in a rural atmosphere while preserving the vegetation, significant geological features, wildlife habitat/corridors, views and privacy, and provide an appropriate transition from urban development to large-lot residential or agricultural areas. The density range is from one dwelling per 4.9 acres to one dwelling per 2.5 acres. Adequate facilities, such as roads, water and sanitation, fire protection, emergency service, and public utilities shall be available to serve these areas.

Expansion of urban development into rural areas is a matter of public concern because of the potential of unnecessary increases in service costs, conflicts between agricultural and urban activities, and the loss of open space and the natural landscape. Medium low-density residential homesites may be appropriate when located outside the highway corridor viewsheds, depicted on the Douglas County Open Lands Opportunity Map, and when adjacent to residential development of similar or greater density. Development consideration may be given where it would serve to preserve agricultural land or open space, and promote a design that is sensitive to the natural land features in accordance with the intent of the Douglas County Comprehensive Master Plan, as amended.

Development within this district should provide road connections, between developments, that provide adequate response time for sheriff/fire protection and medical support, and more efficient service delivery such as school busing.

The ER zone district is characterized by residential homesites and other accessory uses which enhance the basic elements of a balanced residential area such as schools, parks, neighborhood recreational facilities, and open space. Development or use of land in this district is permitted only in accordance with the provisions herein. Land disturbance activities may require permit(s).

Community Uses:

Construction office – temporary (refer to Part 22).

Residence.

Sales office – temporary (refer to Part 22).

Utility service facility (Site Improvement Plan required per Part 27).

Youth-oriented agricultural activity.

Accessory dwelling unit (ADU) – one per lot, except as restricted by a rural site plan, subdivision plat, or other similar land use approval.

Accessory uses and buildings.

Animals (refer to Part 24).

Day-care home – small.

Garage – private:

Home occupation – Class 1 (refer to Part 23).

In-home elder care.

Satellite receiving dish.

Training of non-owned horses, or riders not related to the landowner or lessee, limited to 14 lessons per week.

Church – greater than 350 seating capacity in main worship area.

Day-care center/preschool, or day-care home – large.

Horse boarding or training facility that exceeds the maximum number of horses permitted by right.

Recreation facility – community.

Residence.

Utility – major facility.

For lots served by an individual septic system, the minimum allowable lot area is one acre.

For lots served by central water, a one-acre minimum lot area is required for a detached accessory dwelling unit (ADU).

For lots served by individual groundwater well, a two-acre minimum lot area is required for a detached accessory dwelling unit (ADU).

A cornice, canopy, eave, fireplace, wing wall or similar architectural feature may extend three feet into a required setback.

A covered or uncovered deck or porch may extend six feet into a required setback, except for a side setback.

Foundation anchoring and foundation repair systems may be located within a required setback.

A building permit shall not be issued for any structure which is to be located within an easement unless written approval by the easement holder(s) is provided.

Utility distribution lines and related equipment commonly located along property lines may be located within a required setback. A neighborhood substation or gas regulator/meter station shall meet the required setbacks.

Maximum building height: 35 feet.

The maximum building height shall not apply to belfries, cupolas, penthouses or domes not used for human occupancy, roof-mounted church spires, chimneys, skylights, ventilators, water tanks, silos, parapet walls, cornices, antennas, utility poles and necessary mechanical appurtenances usually carried above the roof level.

The minimum off-street parking spaces required: eight spaces per lot in accordance with the Douglas County Roadway Design and Construction Standards.

Unlicensed, operable vehicles parked outside shall be concealed by a solid fence, berm, vegetative barrier, or a combination thereof. Inoperable vehicles are prohibited.

Fences, walls, or hedges shall not be erected in the public right-of-way, but shall be allowed within the setbacks, on private land. A building permit is required for any retaining wall greater than four feet in height or any fence or wall greater than six feet in height, or as required by the Building Code, as amended and adopted by Douglas County.

Fences, walls, or hedges shall be erected and maintained in a manner which does not obstruct the vision of automobile traffic on the adjacent streets, rights-of-way, or driveways in accordance with the Douglas County Roadway Design and Construction Standards manual.

Fences, walls or hedges shall be maintained in good structural or living condition. The landowner is responsible for the repair or removal of a fence, wall or hedge, which constitutes a safety hazard, by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, or which constitutes a zoning violation.

Swimming pools shall be enclosed by a fence or wall that meets or exceeds the requirements of the Building Code, as amended and adopted by Douglas County.

Barbed, electrically charged, concertina, or razor wire is prohibited.