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In accordance with section 59-C-1.39 and in conformance with an approved and adopted general, master, sector, or functional plan, residential density may be transferred at the rate of one development right per 5 acres minus one development right for each existing dwelling unit, from the Rural Density Transfer zone to a duly designated receiving zone, pursuant to section 59-C-1.39. The density transfer provisions are not applicable to publicly owned rights-of-way for roads, streets, alleys, easements, or rapid transit routes classified in the Rural Density Transfer zone. The following dwelling units on land in the RDT zone are excluded from this calculation, provided that the use remains accessory to a farm. Once the property is subdivided, the dwelling is not excluded:
(a) A farm tenant dwelling, farm tenant mobile home, or guest house as defined in section 59-A-2.1, title "Definitions."
(b) An accessory apartment or accessory dwelling regulated by the special exception provisions of divisions 59-G-1 and 59-G-2.
(Legislative History: Ord. No. 10-69, § 5; Ord. No. 10-75, § 3; Ord. No. 11-4, § 6; Ord. No. 12-61, § 4; Ord. No. 15-69, § 1.)
Editor’s note—See County Attorney Opinion dated 4/26/99 explaining that a transfer of development rights easement continues to restrict development even when the underlying zoning of the property is changed. See County Attorney Opinion dated 8/11/98 describing the effect of annexation of land into Town of Poolesville on transferable development rights existing on the land prior to annexation. See County Attorney Opinion dated 10/2/90 explaining that, without a main dwelling or a transferable development right to support it, no farm-tenant house may be constructed.