Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Appendix A
Appendix B
Appendix C
Appendix D (Sewer Facilities and Non-Residential Wastewater Discharge Ordinance)
Appendix E (Backflow and Cross-Connection Control Ordiance)
Appendix F (Water Facilities)
20.01 General Provisions; Consistency with Master Plan; Right to Farm
20.02 Development Permits
20.04 Application Process and Official Filing Date
20.06 Decision by the Director
20.08 Review by Advisory Body
20.10 Review and Decision by Planning Commission
20.100 Public Facilities and Improvement Standards
20.12 Review and Decision by Board of County Commissioners
20.14 Conditional Approval
20.20 Notice Provisions
20.200 Surveys
20.220 Installing Utilities Underground
20.24 Public Hearing Procedures
20.28 Post Decision Proceedings
20.30 Expiration of Approval of Development Permit
20.300 Impact Fees
20.32 Revocation of Permit
20.34 Enforcement
20.38 Board of Adjustment
20.40 Fees
20.400 Development Agreements
20.44 Rounding of Quantities
20.440 Density Bonus Agreements
20.460 Reimbursement Agreements
20.470 Maintenance Districts
20.471 Maintenance District 1 - Monterra
20.50 Floodplain Management
20.500 Transfer Development Rights
20.550 Growth Management
20.560 Building Permit Allocation and Growth Management
20.600 General Provisions
20.602 Pre-application Conference
20.604 Special use permits
20.606 Variances
20.608 Amendment to Master Plan
20.610 Zoning Administration
20.612 Specific Plan
20.614 Design Review
20.618 Sign Permit
20.620 Temporary Use Permit
20.650 Zoning Districts and Standards
20.654 Agriculture and Forestry and Range Districts
20.656 Residential Districts
20.658 Non-Residential Districts
20.660 Use Regulations
20.662 Agricultural, Forest and Range, and Residential Land Use District Specific Standards (Table)
20.664 Agricultural, Forest and Range, and Residential Land Use Specific Standards
20.666 Non-Residential Specific Standards for Permitted, Development Permitted and Special use permit Uses (Table)
20.668 Non-Residential Uses Specific Standards
20.672 Livestock Overlay (LO) Zoning District
20.674 Manufactures Housing (MH) District
20.675 Mixed-use Commercial (MUC) Overlay District
20.676 Planned Development (PD) Overlay District
20.678 Residential Office (RO) Overlay District
20.680 Genoa Historic (GH) Overlay District
20.682 Clustered Residential Subdivision (CR) Overlay
20.685 Gaming District (GD) Overlay
20.690 Property Standards
20.691 Property Maintenance
20.692 Off-Street Parking and Loading
20.694 Landscape Standards
20.696 Sign and Advertising Control
20.698 Nonconforming Uses and Structures
20.700 Applicability and Procedures
20.702 Zoning Districts and Standards
20.703 Tahoe Area Plan Regulations
20.704 General Provisions
20.708 Subdivision Application Procedure and Approval Process
20.712 Parcel Maps
20.714 Division of Agricultural Land for Conservation Purposes
20.716 Division of Land into Large Parcels
20.718 Division of Land for Agricultural Purposes
20.720 Assurance for Completion and Maintenance of Improvements
20.768 Land Readjustment
20.770 Boundary Line Adjustment
20.800 General Provisions
20.810 Administration
20.820 Building Permits
20.830 Site Improvement Permits
20.840 Encroachment Permits
20.900 Numbering Structures and Naming Streets
Effective Date
Table of Ordinances
Index



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County Codes
Title 20 Consolidated Development Code
20.500 Transfer Development Rights
20.500.010 Eligibility
20.500.020 Procedure

20.500.010 Eligibility
    A.  Real property situated in the A-19 and FR-19 districts may transfer development rights to real property situated in designated receiving areas, as shown in the 1996 master plan, as amended. 
    B.  The owner of real property in a sending area may not sell, transfer or convey more development rights than the parcel is permitted under the 1996 master plan, as amended plus bonuses as provided in this chapter. 
    C.  In the A-19 zoning district, no development rights can be transferred, nor can a certificate of eligibility be issued, unless the owner of the real property permanently restricts all appurtenant surface and groundwater irrigation rights against transfer from the sending parcel. 
    D.  The owner of real property in a receiving area may not transfer more development rights to a parcel than the density provided by the base zoning district, an approved planned development or an approved specific plan for the parcel. 
    E.  Transfer of development rights from parcels zoned A-19 is eligible for bonuses using the following calculations: 
        1.  The bonus for the transfer of development rights for each 19-acres shall be 9 units. These bonus units are conferred, and can only be used for transfer. They cannot be used on the sending parcel for any other purpose. 
        2.  A bonus of 7 units per 19-acres shall be provided for each sending parcel for which at least 50% of the 19 acres is located within the designated FEMA 100-year floodplain. 
        3.  A bonus of 7 units per 19-acres shall be provided when transfer of all of the appurtenant surface and groundwater irrigation rights from the parcel is restricted. The restriction against the transfer may provide for substitution of water rights of equivalent volume and equal or senior priority, on approval by the board at the time of substitution. 
        4.  A bonus of 20 units for every 100 acres shall be provided for each sending parcel when the parcel or contiguous parcels are a minimum of 100 acres in area. 
        5.  The board in its discretion may grant additional bonuses not to exceed one unit per 19 acres for dedication of improved and permanent public access easements or easements to rivers, streams, public lands, or significant historical resources. These bonus units are conferred, and can only be used, upon transfer of all development rights from the sending parcel. It cannot be used on the sending parcel for any other purpose. 
        6.  Minimum parcel size for participation in the TDR program is 40 contiguous acres. Calculations for bonuses on parcels grater than 40 acres shall be on a prorated basis with all bonus calculations rounded to the nearest whole number. Individual parcels may be considered together for the purpose of calculating bonuses. 
        7.  Any existing or remaining residential unit or commercial development on the sending parcel shall require a minimum of 40 acres, which shall not be eligible for transfer or bonuses. The parent parcel or group of parcels will be reduced by 40 acres before calculating units available for transfer and bonuses.
    F.  Transfer of development rights from parcels in the FR-19 district are eligible for bonuses using the following calculations. These bonus units are conferred, and can only be used, upon transfer of all development rights from the sending parcel. They cannot be used on the sending parcel for any other purpose. 
        1.  The bonus for the transfer of development rights from each 19-acres, of which at least 50% of the 19 acres is located within the designated FEMA 100-year floodplain, shall be one unit. 
        2.  The board in its discretion may grant additional bonuses not to exceed one per unit per 19 acres for dedication of improved and permanent public access easements or easements to rivers, streams, public lands or significant historical resources. These bonus units are conferred, and can only be used, upon transfer of all development rights form the sending parcel. It cannot be used on the sending parcel for any other purpose. 
        3.  A bonus of one unit for every 100 acres shall be provided for each sending parcel when the parcel or contiguous parcels are a minimum of 100 acres in area. 
        4.  Minimum parcel size for participation in the TDR program is 40 contiguous acres. Calculations for bonuses on parcels greater than 40 acres shall be on a prorated basis with all bonus calculations rounded to the nearest whole number. Individual parcels may be considered together for the purpose of calculating bonuses. 
        5.  Lands owned or held in trust by the United States or its agencies are not eligible to participate in this program.
    G.  Bonuses are conferred only upon transfer of the development rights from a parcel of real property. Partial transfers may occur only from parcels in excess of 40 acres in area. For a parcel in excess of 40 acres, if the owner transfers less than all of the development rights to which the parcel is entitled, the owner shall designate the portion of the parcel from which the development right or rights are being transferred, and a description of the portion will be included in the open space easement or deed restriction required by section 20.500.020. A parcel of real property from which a partial transfer of development rights has been made is not eligible for land division under chapter 20.704 which will result in parcels less than 40 acres in size. (Ord. 968, 2001; Ord. 763, 1996)
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20.500.020 Procedure
    A.  To transfer or acquire development rights under this chapter, a person shall apply to the community development department for a certificate that the parcel in question is eligible for such transfer or acquisition. The application and certificate shall be on a form prepared by the community development department, and shall include a legal description of the parcel or parcels and a current title report. Documentation to establish eligibility for all bonuses must be provided with the application. If the transferor applies for a density bonus related to the restriction against transfer of water rights, then evidence of the appurtenant surface water rights under the Alpine Decree or state permits for other irrigation water rights shall be provided with the application. If the transferor applies for bonuses related to flood plain preservation, a detailed map showing the property and the floodplain preservation, a detailed map showing the property and the floodplain boundary along with the calculations showing percentage and acreage of the sending parcels in the floodplain must be provided. If the transferor applies for bonuses related to the 100-acre minimum parcel area, a detailed map showing the property or properties and their respective parcel sizes must be provided. 
    B.  In order for the certificate to be issued, the owner must record a deed restriction or grant a perpetual open space easement to the county, a local governmental agency approved by the board, or a nonprofit conservation entity, the form of which shall be subject to the approval of the county and presented with the application for the certificate. The open space easement or deed restriction shall contain words sufficient to restrict transfer of appurtenant surface or other irrigation water rights as required herein. 
    C.  If the director finds that the application is complete and the open space easement or deed restriction is in proper form and has been recorded, then a certificate will be issued to the owner. 
    D.  Upon execution and delivery of the instruments of transfer, the transferee shall record the same, together with the certificate, in the office of the county recorder. The transferee will also file duplicates of the recorded instruments and certificate with the community development department. No transfer shall be effective until and unless the conveyances, the certificate, and the open space easement or deed restriction, are recorded in the office of the county recorder and copies of the recorded instruments filed with the community development department, as provided herein. 
    E.  The community development department and the county recorder will keep records of issued certificates, the transfers and easements or deed restrictions, which shall be available for public inspection during normal working hours. Use of the index and files kept by the community development department shall be limited to determination of eligibility for transfer or acquisition; the official records of any such transfers shall be in the office of the county recorder. 
    F.  Douglas County does not insure title or ownership of development rights, nor does it prepare the conveyances or instruments to effect the transfer. (Ord. 968, 2001; Ord. 801, 1997; Ord. 763, 1996)
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