In this chapter unless the context otherwise requires, "density transfer" means the transfer of allowable dwelling units from one parcel of land to another.

(Prior code § 8-4701)

An owner of a parcel of land may have all or a portion of allowable dwelling units transferred from that land ("transferor parcel") to another parcel ("transferee parcel") in the manner provided in this chapter. Allowable dwelling units may be transferred between parcels which are under different ownership or control.

(Prior code § 8-4702)

To be eligible to have allowable dwelling units transferred, the transferor parcel must be shown on the general plan as one, two, three, or six dwelling units per acre or as rural-residential, public open space, or private open space.

(Prior code § 8-4703)

(Ord. No. 309, § 5(Exh. B, 10), 5-10-2023)

A.

A proceeding to transfer allowable dwelling units is initiated by an application by the owners of the transferor and transferee parcels.

B.

If the transferee parcel is not determined at the time of application by the owner of the transferor parcel, the town council may nevertheless fix the number of allowable dwelling units which may be transferred. The owner of the transferor parcel may at any time request the release of those allowable dwelling units by filing a request, together with an application signed by the owner of the transferee parcel.

(Prior code § 8-4704)

A.

The maximum number of allowable dwelling units that may be transferred from the transferor parcel is the number of dwelling units that are fixed for the transferor parcel. The planning commission shall fix this number at the time it approves the conceptual development plan for the transferor parcel (Sections 8.48.070 to 8.48.090).

B.

The maximum number of allowable dwelling units that may be transferred to one transferee parcel is thirty (30) percent in excess of the density prescribed for that parcel under then applicable land use regulations.

C.

Once completed, the transfer irrevocably reduces the number of allowable dwelling units for the transferor parcel by the number of allowable dwelling units transferred.

(Prior code § 8-4705)

Before approving the transfer of allowable dwelling units, the town council must find that:

A.

The transfer will result in the dedication, protection and preservation of open space;

B.

Appropriate guarantees exist and will be provided to assure that the transfer conforms with the purpose and intent of the general plan; and

C.

The transfer will not unduly increase the mass of a new development, population density or intensity of use to the detriment of neighboring properties and their residents.

(Prior code § 8-4706)

The town council shall give consideration to the relationship between the development proposed on the transferee parcel and buildings developed on adjacent parcels regarding materials, design, scale and location of mass. In addition to the authority granted by other provisions of law and this code, the town council may prescribe conditions and safeguards it considers appropriate to minimize adverse effects on the character of the area surrounding the transferee parcel.

(Prior code § 8-4707)

A.

The owners of the transferor and transferee parcels shall submit for approval by the town council a copy of the transfer instruments legally sufficient to effect a transfer.

B.

A notice of the restrictions upon further development of the transferor parcel and of additional development permitted on the transferee parcel shall be recorded in the office of the county recorder. The notice shall be in the form prescribed by the town and shall specify the number of dwelling units of each parcel affected by the transfer.

(Prior code § 8-4708)

The town council may adopt those rules and regulations it considers necessary to supplement this chapter and to provide procedures necessary to facilitate the transfer of allowable dwelling units. The rules and regulations shall be adopted by resolution after the same notice and hearing prescribed for the adoption of an ordinance adopting a general land use regulation.

(Prior code § 8-4709)