Selected Sections of Douglas County Zoning Resolutions

Section 4  Rural Residential District

A. Intent

    Areas for low density residential development.

B. Uses Permitted by Right

1. Accessory uses and buildings
2. Guest house
3. Home occupation
4. Household pets
5. Microwave dishes without towers
6. Noncommercial domestic livestock, poultry, fowl and small livestock
7. One single-family dwelling per lot
8. Open space
9. Public parks, playgrounds and other public recreation areas; provided that all buildings are located at least 50 feet from all property lines
10. Temporary residence
11. Temporary residential sales and construction and sales office
12. Utility service facility

1. Dedication Requirement: A portion of the gross site area to Douglas County for public use or cash-in-lieu of land shall be required subject to the Douglas County Subdivision Regulation.
2. Road Requirement: Construction of paved arterials and collectors.
3. Parking Requirement: Two off-street parking spaces per dwelling unit.
4. Sign Requirement: See Part II, Section 19 of this Resolution.

Section 5  ER - Estate Residential District

A. Intent

    Areas of medium low density residential development.

B. Uses Permitted by Right

1. Accessory uses and buildings
2. Home occupations
3. Household pets
4. Microwave dishes without towers
5. Noncommercial domestic livestock, poultry, fowl and small livestock
6. One single-family dwelling per lot
7. Open space
8. Public parks, playgrounds and other public recreation areas; provided that all buildings are located at least 50 feet from all property lines
9. Temporary residence
10. Temporary residential sales and construction office
11. Utility service facility

1. Dedication Requirement: A portion of the gross site area to Douglas County for public use or cash-in-lieu of land shall be required subject to the Douglas County Subdivision Regulation.
2. Road Requirement: Construction of paved roads.
3. Parking Requirement: Two off-street parking spaces per dwelling unit.
4. Sign Requirement: See Part II, Section 19 of this Resolution.
5. Water and Sanitation Requirement: Use must be served by a central water facility.

Section 23 Home Occupation

A. Intent

To provide for the operation of limited commercial activities (such as tutoring, music lessons, artist studios, etc.) within established residential zone districts.

B. Permitted Home Occupations

A home occupation shall be allowed as a permitted use in all residential districts provided that:

1. Such use shall be conducted only by the residents of the principal dwelling and only within the principal dwelling.  (No detached accessory structures will be allowed.)
2. Such use shall be clearly incidental and secondary to the use of the dwelling as a dwelling unit and shall not change the character thereof.
3. A home occupation shall not be interpreted to include any uses permitted in the B, C, L1, and G1 zone districts.
4. The total area utilized for such purposes shall not exceed one-half of the first floor area of the principal dwelling.
5. There shall be no exterior advertising of the home occupation.
6. There shall be only limited and incidental sale of products made by the residents and conducted on the premises.
7. There shall be no outside storage on the premises of materials or equipment used in connection with the home occupation.
8. There shall be no excessive or offensive noise, vibration, smoke, dust, odors, heat, glare, or light noticeable or extending beyond the property.
9. Home occupations shall not generate traffic which significantly affects the residential character of an area nor allow for deliveries of materials or products to the property.
10. Clinics, nursing and convalescent homes, barber shops, beauty shops, tourist homes, animal hospitals and restaurants are prohibited.
11. The Board of County Commissioners shall determine which activities other than those listed, are compatible with this section, and shall proceed in conformance with Part II, Section 18 of this Resolution.

Section 24  Noncommercial Household Pets,  Domestic Hoofed Livestock, Poultry, Fowl and Small Livestock

A. Intent

The intent of this section is to provide guidelines and regulation for the keeping of animals/livestock on private property.  These regulations are also for the maintenance of a healthy environment for humans and animals and for the protection of the ground and vegetation of the property.

B. Household Pets

Household pets inclusive of, but not limited to, dogs and cats shall be permitted in all zone districts allowing for residential use provided that not more than four animals of not more than four months of age are kept by the property owner/occupant of any residential unit.  (Kennels, boarding facilities and commercial activities are not allowed.)  This provision does not apply to tropical fish, small rodent animals (gerbils, hamsters) and small birds kept as pets, unless raised for commercial purposes, kept outdoors, or kept in an accessory structure.

C. Domestic Hoofed  Livestock (noncommercial)

Noncommercial, domestic hoofed livestock shall include, but not be limited to, horses, cattle, mules, sheep, goats and swine.  The following restrictions shall apply to such animals allowed in the ER and RR zone districts and on nonconforming A-1 parcels of 2.5 - 9.99 acres:

1. The maximum allowable density is one animal unit per one-half acre where:
       Horses, Mules, Cattle -  One = 1 Unit
       Swine, Sheep, Goats   - Four = 1 Unit
2. Young animals under six months of age may be kept until weaned without counting toward the allowable unit limit.
3. When the number of animals on a parcel of land equals two animal units, a barn or shelter shall be required to be constructed and all requirements of the Building Department shall be met.
4. Although the entire lot may be fenced, a containment area (corral) must be provided where the animals will normally be penned and supplementary fed.
1. The containment area (corral) should be adequate in size for the number of animals involved and shall not exceed 10% of the gross lot acreage or one-half acre, whichever is least.
2. The containment area (corral) shall not be constructed closer to any property line than the zone district accessory use setback allows.
5. Existing exceptions as apply to building, fencing, containment area size and setbacks will be subject to the regulations outlined in the Nonconforming Uses and Buildings, Section 5 of this Resolution.
6. Regular removal or spreading of manure is required so that it does not become unsightly to neighbors or passersby.
7. The possession of animals will not be allowed to create excessive odor problems or present health hazards to surrounding properties.
8. Adequate drainage facilities or improvements shall be provided by the property owner and constructed so as to protect any adjacent properties from runoff containing contaminants such as sediments or organic wastes.

1. On parcels containing 2.5 - 9.99 acres, a maximum number of 30 poultry and/or fowl and 50 rabbits or other small livestock shall be allowed.
1. A containment area for the poultry or fowl shall be required and not be closer that 50 feet to ant property line.
2. Small livestock must be properly housed (i.e. rabbit hutches) and not be located closer to any property line than the zone district accessory use setback allows.
2. On parcels containing more than 9.99 acres, there shall not be a limitation on the number of poultry, fowl or small livestock allowed except when the keeping of such is not for the domestic, consumptive, hobby, or pet uses by the residents of the parcel of land.