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
20.560 Building Permit Allocation and Growth Management
20.560.010 Short title
20.560.020 Applicability
20.560.030 Legislative findings and purpose
20.560.040 Consistency with the master plan
20.560.050 Definitions
20.560.060 General provisions
20.560.070 Calculation of allocations
20.560.080 Projects with preexisting development agreements
20.560.090 Projects subject to vesting
20.560.100 Affordable housing projects and certain agricultural parcels
20.560.110 Procedures
20.560.120 Effect of procedures
20.560.130 Administration and appeals
20.560.140 Transfer of allocations
20.560.150 Banking and borrowing
20.560.160 Prohibitions and penalties
20.560.170 Interpretation and conflict
20.560.180 Saving provision
20.560.190 Effective date and repeal

20.560.010 Short title
This chapter may be cited as the Douglas County Building Permit Allocation and Growth Management Ordinance. (Ord. 1199, 2007)
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20.560.020 Applicability
This chapter applies to all residential real property in Douglas County outside the portion of Douglas County within the Lake Tahoe Basin subject to the jurisdiction of the Tahoe Regional Planning Agency. (Ord. 1199, 2007)
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20.560.030 Legislative findings and purpose
    A.  The board finds and declares as follows: 
        1.  A measure of sustained, balanced growth in Douglas County is both desirable and necessary for the continued viability of the community. 
        2.  The health, safety and general welfare of the county’s citizens dictate the continued availability of essential public facilities and services and the adequacy of natural community resources. 
        3.  The ability to provide any one or more essential resources or services at the quality and quantity desired by the community is an integral part of the county’s quality of life. 
            a.  Growth experienced in the past, and pressures for continued growth indicate that Douglas County may reach capacity in the delivery of one or more of essential resources or services. 
            b.  If capacity to provide an essential service or resource is reached, the board may stop residential growth for an interim period of time in all or a portion of the county. 
            c.  The board declares that there are limits to the capacity or capability of the county or other agencies in its jurisdiction to deliver water, sewer, drainage, transportation services and facilities.
        4.  Management of population growth as provided in this chapter is necessary and desirable to preserve and enhance the quality of life for the communities and inhabitants of Douglas County.
    B. The board finds and declares the following essential resources, facilities and services will be considered for the managed growth of Douglas County: 
        1.  Water resources including, but not limited to, public and private water systems, and all other sources for domestic, industrial, agricultural and municipal use; the quantity, quality, and supply of water; and the capacity, system and infrastructure of systems. 
        2.  Wastewater treatment, sanitary sewer and disposal systems, public and private; treatment and disposal capacity, system or infrastructure ability to transport sewage from a residential dwelling unit to the treatment system, as well as any consequences or potential consequences for public health caused by the use of individual sewage disposal systems. 
        3.  Law enforcement and judicial facilities and services. 
        4.  Fire protection facilities, equipment and services. 
        5.  State, local and federal roads and highways, traffic and circulation. 
        6.  Drainage systems, including storm sewer and flood protection. 
        7.  School enrollment and capacity. 
        8.  Community facilities and services, including senior services, public health, and parks and recreation. 
        9.  Environmentally sensitive lands. 
        10.  Affordable housing. 
        11.  Agricultural resources. 
        12.  Other resources, facilities and services as determined by the board.
    C.  Based upon these findings, the board has determined that a workable and reasonably equitable system for the management of population growth, through the management of building permits for defined residential uses will be a part of the land development process. The provisions of this chapter achieve this purpose. (Ord. 1199, 2007)
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20.560.040 Consistency with the master plan
    A.  This chapter is consistent with the text, goals and policies in the master plan for a building permit allocation system and chapter 278 of the Nevada Revised Statutes. All development must be consistent with these regulations. 
    B.  This chapter results from extensive public hearings conducted before the planning commission and board pursuant to chapter 278 of NRS, chapters 20.600 and 20.608 of this code, public hearings on natural resources, public services and facilities, and the plan implementation text, goals and policies of the master plan. 
    C.  The board has considered a number of studies, data and reports, the suggestions of other government entities, comments of interested persons and recommendations of the planning commission in determining whether this chapter should be adopted. The board finds there is a need for the Douglas County Building Permit Allocation and Growth Management Ordinance to achieve the purposes stated in this chapter and to properly implement the text, goals and policies of the master plan.
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20.560.050 Definitions
As used in sections 20.560.010 to 20.560.180, inclusive, unless the context otherwise requires, the following words and terms have the following meanings. Words and terms not defined in this section are as defined in appendix A of title 20 of the Douglas County Code or the Nevada Revised Statutes. 
    A.  "Allocation". A right granted by the director pursuant to this chapter to make application for a building permit to build one dwelling unit. An allocation is not a guarantee of receiving approval for a building permit. Approval of the building permit itself will occur through the established building permit review process. 
    B.  "Allocation period". A review period, generally three months in duration, commencing on the first day on which applications may be accepted for the allocation period and ending on the day preceding the first day on which applications may be accepted for the next allocation period.     
    C.  "Applicant". The owner of a parcel of real property, who may be represented by an agent designated in writing, who applies for an allocation. The agency relationship must be disclosed on the application. 
    D.  "Building permit". A building permit issued pursuant to the provisions of title 20. 
    E.  "Development". The entire plan to construct or place one or more dwelling units on a particular lot, tract, parcel or contiguous parcels of land within the County, including but not limited to a subdivision, parcel map, planned development, specific plan, or manufactured or mobile home project. 
    F.  "Development Agreement". An agreement approved pursuant to the provisions of chapter 20.400 or valid pursuant to section 20.01.070. 
    G.  "Dwelling unit". Has the meaning as defined in appendix A of title 20 and includes manufactured homes. For purposes of this chapter, dwelling unit does not include time share or other fractional ownership of a dwelling unit, residential care facility, nursing home or other facility designated for the group care of its residents. 
    H.  "Excess allocations". Unissued or unused allocations available for issuance at any time out of their respective pool(s). 
    I.  "Final project approval". Board approval after the final public hearing. 
    J.  "Individual pool". A group of allocations designated by the board for distribution to individuals including owners, contractors, and entities. Entities must show ownership interests of all natural persons or entities with more that 10 % ownership. An individual with multiple applications for individual pool allocations may only be issued one allocation per round. 
    K.  "Permanently affordable unit". A dwelling unit that is deed restricted for a period of not less than 30 years for lease to households whose combined annual income from all sources is 80 percent or less than the County’s median income or a dwelling unit that is deed restricted for not less than 15 years for individual sale to households whose combined annual income from all sources is 110 percent or less than the County’s median income, or as otherwise defined by state law. 
    L.  "Population". The number of people in Douglas County as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U.S.C. § 141(c). The tabulation of population reported by the Secretary of Commerce for a particular decennial census date will apply for purposes of this chapter from December 31 of the calendar year immediately following that decennial census date for the following decade unless a Special Census is performed during that period. 
    M.  "Project". An approved subdivision map, planned development, specific plan or attached or semi-detached multi-family residential project. 
    N.  "Project pool". A group of allocations designated by the board for distribution to projects. 
    O.  "Pro-rata". A method of issuing allocations to applicants in the same proportion that the total number of available allocations bears to the total number of requested allocations. 
    P.  "Special Census". Any census conducted pursuant to NRS 244.183 to determine the number of people in Douglas County at a time other than the time the National Decennial census is taken. 
    Q.  "Successive rounds". A method of issuing allocations to applicants who have applied for more than one allocation in the individual pool or for more than five allocations in the project pool. The allocations are distributed through a series of rounds, in each round of the individual pool one allocation is issued to each individual applicant and each round of the project pool up to five allocations to each applicant until the applicant has received all allocations applied for or the supply of allocations is exhausted, whichever first occurs. 
    R.  "Unused allocation". An allocation that is available to be issued or one that has been issued but for which a building permit has not been issued during its period of validity and has lapsed and is void or has been surrendered. (Ord. 1278, 2009) (Ord. 1199, 2007)
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20.560.060 General provisions
    A.  Allocation required for a building permit. Except as otherwise provided in this chapter, an allocation is required as a condition precedent to the issuance of a building permit that results in the creation of a new dwelling unit. For structures containing more than one dwelling unit, one allocation for each dwelling unit in the structure is required as a condition precedent to issuance of a building permit for the structure. 
    B.  Replacement of dwelling unit. An existing or destroyed dwelling unit may be replaced with another dwelling unit without obtaining an allocation, provided that the replacement unit is located on the same parcel, tract or lot, and the owner obtains a building permit to replace the dwelling unit. 
    C.  Period of validity. An allocation is valid and can only be used for a period of one year from the date of issue, unless it is issued under a banking and borrowing project plan provided in section 20.560.150. At the end of the year an issued allocation lapses and is void, unless a complete application for a building permit has been filed and is under review, or as otherwise provided under the approved banking and borrowing plan. An extension may only be granted as provided in section 20.560.110 (F). 
    D.  Use of allocations. An allocation is used by being issued a building permit 
    E.  Building permit approvals. All building permit applications that require an allocation for issuance will be reviewed and processed in accordance with title 20. 
    F.  Surrender of allocations. An allocation that a recipient does not expect to use during the period for which it is valid may be surrendered 
    G.  Transferability. Allocations are parcel specific and are not transferable to other developments or owners. An allocation may only be transferred under section 20.560.140 or as part of an approved banking and borrowing program under section 20.560.150.     
    H.  Periodic review. The board may during a master plan review, and must at every five year interval, commencing in 2011 review the growth of the population and the number of allocations used, the effect of growth on essential resources, facilities and services, and the quality of life for the communities and inhabitants of Douglas County to determine if there has been a change that requires amendment of this chapter. If the board determines that the administrative procedures of this chapter not affecting the total number of allocations must be changed based on its review, the changes may be made by the board in the form of an ordinance at any time. (Ord. 1235, 2008; Ord. 1199, 2007)
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20.560.070 Calculation of allocations

    A. The base year for determination of population growth and the number of persons per household is the 2000 national decennial census conducted by the Bureau of Census of the United States Department of Commerce pursuant to section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 § 14(c). 
    B.  The base number of allocations is calculated using the Douglas County 2000 census data population, outside of the jurisdiction of the TRPA, estimated at 34,520. The rate of population growth is converted to households (dwelling units) by the use of the census estimate of 2.5 persons per dwelling unit. A 2% growth factor applied to the 2000 census represents 276 dwelling units. Dwelling units are converted to allocations and increased at a 2% compounded annual rate resulting in a beginning base number of allocations for July 1, 2007 of 317 allocations. 
    C.  The number of allocations is compounded annually at a rate of 2% for the 50 year planning period resulting in a total number of allocations of 26,812. Any modification in the total number of allocations or a modification in the 2% growth rate must be placed on the ballot by the County for an advisory vote prior to implementation of any modification. 
    D.  The method used to account for those dwelling units that are exempt from the allocation provisions because of preexisting development agreements in section 20.560.080 or vested projects in section 20.560.090 is to reduce the number of allocations available for the development of new dwelling units over a 25 year period. The calculation of allocations available annually for distribution is as follows:
Table A

Year Count July 1 Year Total Allocations Vested projects Allocations available to distribute
1 2007 317 149 168
2 2008 323 151 172
3 2009 330 155 175
4 2010 336 158 178
5 2011 343 161 182
6 2012 350 164 186
7 2013 357 168 189
8 2014 364 171 193
9 2015 371 174 197
10 2016 379 178 201
11 2017 386 182 204
12 2018 394 186 208
13 2019 402 190 212
14 2020 410 194 216
15 2021 418 197 221
16 2022 427 200 227
17 2023 435 204 231
18 2024 444 208 236
19 2025 453 212 241
20 2026 462 217 245
21 2027 471 220 251
22 2028 480 225 255
23 2029 490 230 260
24 2030 500 234 266
25 2031 510 239 271
26 2032 520 520
27 2033 530 530
28 2034 541 541
29 2035 552 552
30 2036 563 563
31 2037 574 574
32 2038 586 586
33 2039 598 598
34 2040 609 609
35 2041 622 622
36 2042 634 634
37 2043 647 647
38 2044 660 660
39 2045 673 673
40 2046 686 686
41 2047 700 700
42 2048 714 714
43 2049 728 728
44 2050 743 743
45 2051 758 758
46 2052 773 773
47 2053 788 788
48 2054 804 804
49 2055 820 820
50 2056 837 837
Totals   26,812 4,767 22,045

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20.560.080 Projects with preexisting development agreements
    A.  A project with a development agreement lawfully adopted prior to the effective date of this chapter, provided that any and all commitments, covenants, promises or other requirements of the development subject to an agreement are kept and performed, is exempt from the allocation provisions of this chapter. 
    B. If a project subject to a preexisting development agreement is granted a material modification to provide for an increase in density, the density increase will be subject to the allocation provisions of this chapter, and the original density must remain exempt from the provisions of this chapter. 
    C.  If a project subject to a preexisting development agreement materially breaches the agreement or secures a material modification granting relief from requirements to construct public improvements of regional significance; it will be subject to the provisions of this chapter. 
    D.  Extensions of time will not be regarded as material modifications unless the extension relieves the owner of its obligations to construct public improvements of regional significance within the period provided in the original development agreement, in which case the provisions of this chapter will apply. If the county is a participant in paying for or constructing the public improvements of regional significance and agrees to extend the period of time for performance for both the county and the owner, the extension will not be regarded as a material modification under this section. 
    E.  The building permits for these projects must be tracked by the community development department. 
    F.  The number of building permits available to a project or projects with preexisting development agreements in any given year is not limited. (Ord. 1235, 2008; Ord. 1199, 2007)
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20.560.090 Projects subject to vesting
    A.  Projects, including residential projects of more than four units that have received tentative subdivision or planned development approval, tentative serial parcel map approval with subdivision standards, or in the case of a multi-family project, final project approval, prior to the effective date of this chapter, will be considered vested. A list of vested projects will be approved by resolution of the board. Extensions of time for filing a final map will not affect the status of vested projects. 
    B.  The building permits for these projects must be tracked by the community development department. 
    C.  An applicant seeking vested status that has a tentative map approval or final approval before the effective date of this chapter and was not considered by the board for inclusion in the resolution with the list of vested projects will have the right to a hearing with the board. 
    D.  The number of permits available to a vested project or projects in any given year is not limited. (Ord. 1199, 2007)
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20.560.100 Affordable housing projects and certain agricultural parcels
The following categories of projects or parcels are exempt from the allocation provisions of this chapter. When an exemption is allowed, it will result in an equivalent reduction from the pool of excess allocations. If an exemption is allowed and there are no excess allocations, then the number of future allocations to be released will be reduced by an equivalent number. The total number of allocation allowed as exempt from the allocation provisions under this section will not exceed 2200 allocations over 50 years. 
    A.  Permanently affordable dwelling units will be entitled to claim the exemption from the allocation provisions. To receive the exemption, the applicant must record deed restrictions on the parcels or obtain approval of an affordable housing agreement under chapter 20.440, provided that the exemption will only apply to the affordable units. 
    B.  Accessory dwellings on an A-19 agricultural parcel or A-19 agricultural parcels under common ownership in excess of 100 acres will be exempt from the allocation provisions. This exemption may be claimed for no more than one accessory dwelling per 100 acres. 
    C.  A dwelling unit on a parcel created under the provisions of section 20.714.030 Ranch heritage parcels, or 20.714.040 Agricultural 2-5 acre parcels will be exempt from the allocation provisions. 
    D.  The building permits for the projects with an exemption from the allocation provisions under this section must be tracked by the community development department. (Ord. 1482, 2017; Ord. 1235, 2008; Ord. 1199, 2007)
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20.560.110 Procedures
    A.  The board, after accounting for banking and borrowing, will distribute the year’s available allocations into the project pool and the individual pool by resolution. If the board determines that too many allocations have been distributed to either pool it may redistribute allocations by resolution. 
    B.  Allocations must be released quarterly, with each allocation period having a one month application period and a two month period for issuance of allocations. The allocations in each pool must be divided equally between the 4 allocation periods with any remainder placed in the first allocation period. For the first allocation period, applications must be filed in July and allocations issued in August and September. Allocations may be applied for and distributed in the same manner for the second allocation period from October 1 through December 31, the third allocation period from January 1 to March 30, and the fourth allocation period from April 1 to June 30. 
    C.  General provisions for allocations. 
        1.  Allocations will be distributed based on the time and date of the receipt of the allocation application, with the approved completed applications that are earliest being distributed first. 
        2.  An applicant may submit multiple applications during the application period. 
        3.  If there are more applications than allocations in the pool in the allocation period, the applicants that do not receive an allocation are automatically included in the next allocation period with the original time and date of application. 
        4.  Excess allocations, if not credited for projects under 20.560.100, will be carried over in their respective pools from allocation period to allocation period. Until the board determines a different distribution, excess allocations will be distributed out of their respective pools prior to the issuance of any quarterly allocations out of each pool. When excess allocations exist, an applicant may submit an application at any time and an allocation will be issued or denied within 10 working days. If no excess allocations exist, an applicant must submit an application pursuant to subsection (B), above.
    D.  For the individual pool, a single allocation per individual applicant will be distributed in successive rounds until the allocations are used.     
    E.  For the project pool, allocations will be distributed with up to 5 allocations per applicant, in successive rounds. 
    F.  The applicant must file a completed application for a building permit within one year of the issuance of an allocation, together with the deposit required. The director may grant a single 6-month extension to an applicant upon a showing of good cause, which must include a showing of material progress toward the submission of a completed building permit application. Upon notification from the building department that the building permit application has been approved, the applicant must meet all the requirements for the issuance of the permit, including payment of all applicable fees. If a completed application for a building permit has not been submitted within the period provided, the allocation will lapse and may be redistributed according to the provisions of this chapter. 
    G.  There will be no refunds of application, extension, transfer or other fees collected pursuant to this chapter, even if an allocation, building permit application or building permit expires. Refunds of building permit application or building permit fees will be based on the provisions of title 20. 
    H.  Fees provided in this chapter will be set by resolution adopted by the board. 
    I.  All applications filed by or on behalf of an owner will be imputed to the owner and considered as having been filed in the owner’s name for purposes of distribution of the allocations. 
    J.  The board may adopt additional policies and procedures for the distribution of allocations consistent with this chapter and section 20.560.060(H). (Ord. 1278, 2009) (Ord. 1199, 2007)
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20.560.120 Effect of procedures
    A.  Construction of a dwelling unit with an allocation requires the issuance of a building permit, approval of all required plans and payment of all required fees. 
    B.  In the event that a moratorium is declared as the result of local, regional, state or national emergency, or for any other reason that concerns the capacity of an essential public facility or resource, the property owner who holds an allocation may, at the option of the board, be declared to be subject to the provisions of the moratorium. 
    C.  An allocation does not vest property rights related to the density of a parcel of land at a quantity greater than the density permitted by the master plan or zoning code in effect at the time application is submitted for a building permit. 
    D.  The number of allocations for a single parcel of land that a property owner may purchase will be based only on an approved project or a legally existing parcel of land. (Ord. 1199, 2007)
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20.560.130 Administration and appeals
    A.  Allocations will be issued as certificates with serial numbers. A log must be maintained by the building department recording the serial numbers of issued allocation certificates, building permit numbers issued for the allocation, relevant dates and corresponding assessor’s parcel numbers and addresses. The log will also contain any other information deemed relevant by the director for the keeping of records and administration of this chapter. 
    B.  The director will be the final decision-maker for this chapter, except for those provisions designated for decision by the board. The appeal of the decision of the director is to the board and must be pursuant to the provisions of chapter 20.28. (Ord. 1199, 2007)
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20.560.140 Transfer of allocations
    A.  The director may approve a transfer of an allocation to a parcel other than the parcel to which the allocation has been assigned under the following circumstances: 
        1.  The parcel of land assigned an allocation is found to be unbuildable based on physical characteristics of the land, slope, seismic characteristics, potential for flooding, natural resources, or other physical aspects of development applicable to the specific parcel which were not known at the time the allocation was issued. If an allocation is transferred because a parcel is found to be unbuildable under this subsection the owner of that parcel or their successor will not be eligible for an allocation for that parcel again in the absence of changed circumstances. 
        2.  An action of the county has resulted in reduction of density applicable to the subject property and the allocation was purchased prior to the public action changing the density. 
        3.  The transfer is made to another parcel within the same project under the same ownership.
    B.  The director may approve a transfer of an allocation to a purchaser of the parcel to which the allocation has been assigned under the following circumstances: 
        1.  The property owner had complied in good faith with the procedures and policies of the county, and due to personal circumstances beyond the control of the property owner, is unable to proceed with construction of the approved dwelling. This provision is intended to apply to circumstances such as, and not limited to, death of a family member, serious or debilitating illness, loss of employment, or extraordinary change in personal financial circumstances that would preclude proceeding with construction. A relocation to accept new employment is generally not considered an acceptable reason for the director to allow a transfer of an allocation to another owner. 
        2.  The property owner must relocate in response to military orders. 
    C.  The approved transfer of an allocation does not extend the allocation’s period of validity as defined in Section 20.560.060(D). 
    D.  In order to transfer an allocation, the property owner must petition the director by submitting an application containing the information deemed necessary by the director. The petition must be accompanied by a fee, in an amount set by resolution of the board, to cover the costs of review and investigation. 
    E.  The application at a minimum must contain the property owner’s name, mailing address, and daytime phone number, the address of the subject property, the assessor parcel number, and the circumstances under which the transfer is being sought. In addition, the property owner must submit proof that an allocation has been issued for the subject property. 
    F.  The director must consider the petition and may either approve, approve subject to conditions, or deny the petition in writing. The director must base the decision on the criteria in subsection A or B of this section. 
    G.  Appeal of a denial of a petition to transfer is to the board as provided in section 20.560.130(B). (Ord. 1199, 2007)
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20.560.150 Banking and borrowing
Banking and borrowing is a procedure that takes allocations available over multiple years and makes them available to a single project. If a proposed residential subdivision, planned development of more than four units, or attached or semi-detached multi-family residential project requires more allocations than are available in a single allocation period, the applicant may request banking of current allocations and borrowing of future allocations. The following provisions govern banking and borrowing. 
    A.  Banking and borrowing may only be allowed as part of a development agreement between an applicant and the county. 
    B.  The cumulative number of allocations taken by all projects requesting to bank and borrow may not exceed 40% of any year’s allocations available to distribute (per Table A). 
    C.  A project may not bank and borrow allocations that exceed the unit count in its development agreement. 
    D.  A project containing 40 or more units may bank and borrow from the allocations available to distribute within 10 years of the approval of each phase in a phasing plan map or a final project approval for a multi-family project as provided for in the development agreement.     
    E.  A project containing fewer than 40 units may bank or borrow from the allocations available to distribute within 3 years of the approval of a tentative map as provided for in the development agreement or a final project approval for a multi-family project. 
    F.  A project requesting banking and borrowing may apply for any available allocations in the project pool in its first year, which may be banked for use in the project’s first phase. 
    G.  Banked and borrowed allocations may be used at any time during the life of the phase of a phasing plan pursuant to the development agreement. 
    H.  The number of banked and borrowed allocations in each year must be accounted for through the reduction of an equal number of allocations from the allocations available to distribute for that year. The director will account for each project that secures allocations pursuant to this section, and for project totals. 
    I.  Projects that bank and borrow allocations are subject to an additional fee to be set by resolution of the board. 
    J.  Any project that proposes to bank and borrow must comply with chapter 20.400 and meet the following criteria, all of which are subject to affirmative findings by the board: 
        1.  The number of allocations required to support the project will not significantly reduce the number of allocations available to future projects that may require banking and borrowing. 
        2.  The project may secure allocations through banking and borrowing in order to provide a development schedule that is necessary for the project:
            a.  To support the construction of improvements necessary for public health and safety. 
            b.  To make the phasing of development economically viable. 
            c.  To demonstrate the financial security to recover the capital investment for public infrastructure necessary to meet required capacity standards for development completed through a phased process. 
            d.  To repay, if necessary, the public sector for the financing infrastructure or other facility improvements. (Ord. 1199, 2007)
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20.560.160 Prohibitions and penalties
    A.  It is unlawful for any person to: 
        1.  Construct, cause or initiate construction of any structure for which an allocation or building permit is required or to connect or cause the connection of any structure, mobile home or vehicle with any public or private water or sewer system without an allocation or building permit. 
        2.  Obtain, issue or transfer an allocation or any interest in any allocation except as provided in this chapter. 
        3.  Falsely certify or misrepresent any interest in realty or enter into any fraudulent contract or contrived contract or transaction for selling or buying realty for purposes of evading an allocation limitation provided in response to this chapter.
    B.  Any violation of this section will be punished by a misdemeanor. In addition, upon proof of conviction, the property owner convicted will not be eligible to apply for an allocation or residential building permit in the current or following calendar year. 
    C. Enforcement of this chapter is by the director and the building official with the assistance of the district attorney. 
    D.  Allocations will be void and canceled by the director if fees are paid by insufficient funds check. (Ord. 1199, 2007)
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20.560.170 Interpretation and conflict
In their interpretation and application, the provisions of this chapter must be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare, and must be construed broadly to promote the purposes for which they are adopted. The provisions of this chapter are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as expressly provided for in this chapter. Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, rule or regulation of the county or other provision of law, the provision that is more restrictive or imposes higher standards controls. (Ord. 1199, 2007)
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20.560.180 Saving provision
The provisions of this title must not be construed as abating any action now pending under, or by virtue of, prior existing land development regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the County under any chapter or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the county except as expressly provided for in these regulations. (Ord. 1199, 2007)
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20.560.190 Effective date and repeal
This chapter is effective on July 1, 2007 and will remain in effect unless modified or superseded by other legislation, in the manner provided by law. The approval of this ordinance establishing a building permit cap under the Master Plan repeals the Sustainable Growth Initiative approved by the voters on November 5, 2002 and effective November 7, 2002, as Question 4, and the board will cause this ordinance to be placed on the ballot as an advisory question for the general election of November 2008. (Ord. 1199, 2007)
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