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Ordinance 2003-179
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Ordinance 2003-179
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Last modified
7/20/2010 10:36:13 AM
Creation date
1/25/2006 4:41:05 PM
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CityClerk-Ordinances
Ordinance Number
2003-179
Date (mm/dd/yyyy)
09/18/2003
Description
Repeal Sec. 515 of LDRs re: Transfer of Dev. Rights (TDRs).
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<br />515.1 Purposes and Applicability <br /> <br />This article is intended to provide for greater flexibility in the pattern of development by <br />allowing for the transfer of development rights (unused floor area and density) from one <br />parcel to another where such transfers will assist in the renewal. rehabilitation. and <br />redevelopment of commercial. Town Center and beachfront property and where preservation <br />of open space, natural resources, historical and archeological resources, preservation of view <br />corridors, concentration of public parking, provision of educational or other public purpose <br />objective may be achieved through such shifts in the development pattern, upon the approval <br />of the City Commission. <br /> <br />2. In Subsection 515.2, the following definitions should be added and/ or amended: <br /> <br />515.2 Definitions: <br /> <br />Comprehensive Plan: The Comprehensive Plan of the City of Sunny Isles Beach. <br /> <br />Receiving Districts: Areas within the corporate boundaries of the City that are permitted to <br />receive transferable development rights as defined in the City's Comprehensive Plan and as <br />reflected in the attached Map of Receiver Districts. <br /> <br />Sendine Districts: Any area within the corporate boundaries of the City that are permitted <br />to transfer development rights as permitted by and as set forth herein. <br /> <br />Sever: The removal of a development right from property rights possessed by an owner of <br />real property. The term connotes a removal or separation. in perpetuity. as distinguished <br />from a restriction or limitation. which may be overridden. deleted or is subject to a time <br />frame. <br /> <br />Transferable Development Rights: A development right is an appurtenant right of land <br />ownership that has an economic value separate from the land itself, subject to reasonable <br />regulation by local government under its police power, and may be transferred from the land <br />from which the right is severed (sender site) to another piece of land (receiver site). Once <br />severed. and if only a portion of the development rights attributable to a sender site is <br />transferred. the remaining rights may be "banked" by the City as described below. Units <br />transferred shall be composed of square footage only and may be made through gift or sale of <br />those units. These rights are sometimes referred to hereunder as "TDR'S". <br /> <br />Section 3. <br /> <br />Establishment of Sending and Receiving Sites: Rights Transferred. <br /> <br />1. Section 515.3 should read as follows: <br /> <br />515.3 Establishment of Sender Sites. Any property in any zoning district. upon the <br />specific approval by the City Commission. may be eligible as a sending site. provided <br />however. and the severance and transfer of rights from that site shall be subiect to the terms <br /> <br />Amendment of Section 515 <br /> <br />2 <br /> <br />9/24/2003 2:53 PM <br />
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