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Ordinance 2004-193
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Ordinance 2004-193
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Last modified
8/8/2013 11:21:57 AM
Creation date
1/25/2006 4:41:07 PM
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CityClerk-Ordinances
Ordinance Number
2004-193
Date (mm/dd/yyyy)
02/19/2004
Description
Amend Sec 265-23 LDRs, re: TDRs
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<br />resources, historical and archeological resources, preservation of view corridors, <br />concentration of public parking, or provision of educational or other public purpose <br />objective may be achieved through such shifts in the development pattern. <br /> <br />2. 265-23 (2) Definitions: <br /> <br />As used in this section, the following terms shall have the meanings indicated: <br /> <br />Administrator: shall mean the Planning and Zoning Administrator. <br /> <br />Bank Statement: shall mean the statement used to record deposits and withdrawals from the <br />TDR Bank, as herein defined, in accordance with this Section. <br /> <br />Comprehensive Plan: The Comprehensive Plan of the City of Sunny Isles Beach, Florida, as <br />adopted October, 2000. <br /> <br />LDR: Land development regulations of the City of Sunny Isles Beach, adopted August 15 <br />2003, as the same may be amended from time to time, consistent with the Comprehensive Plan <br />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. <br /> <br />Sending Districts: Any areas within the corporate boundaries of the City that are permitted to <br />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 real <br />property. The term connotes a removal or separation, in perpetuity, as distinguished from a <br />restriction or limitation, which may be overridden, deleted or is subject to a time 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 that 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, if only a portion of the development rights attributable to a sender site is transferred to a <br />receiving site, the remaining development rights may be deposited in a TDR Bank in accordance <br />with the provisions of this section. Development rights transferred shall be composed of square <br />footage and units and may be made through gift or sale of those units. These rights are <br />sometimes referred to herein as "TDR'S". <br /> <br />3. 265-23.3 Establishment of Sending and Receiving Sites; TDRs Transferred; <br />Fees. <br /> <br />a. Establishment of Sender Sites. Any property in any zoning district, upon the approval of <br />the City Commission, in its sole discretion, after a public hearing, may be eligible as a sending <br /> <br />02004-193 Amendment to TDRs Sec. 265-23 <br /> <br />2 <br />
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