Ordinance 2004-200 - Laserfiche WebLink

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Receiving Districts: Areas within the corporate boundaries of the City that are permitted to receive transferable development rights as defined in the City's Comprehensive Plan. Sending Sites (Sender Sites): Any areas within the corporate boundaries of the City that are permitted to transfer development rights as permitted by and as set forth herein. Sever: The removal of a development right from property rights possessed by an owner of real property. The term connotes a removal or separation, in perpetuity, as distinguished from a restriction or limitation, which may be overridden, deleted or is subject to a time frame. Transferable Development Rights: A development right is an appurtenant right of land ownership that has an economic value separate from the land itself, subject to reasonable regulation by local government under its police power, and that may be transferred from the land from which the right is severed (sender site, also referred to in this Section 265-23 as "sending site") to another piece of land (receiver site, also referred to in this Section 265-23 as "receiving site"). Once severed, if only a portion of the development rights attributable to a sender site is transferred to a receiving site, the remaining development rights may be deposited in a TDR Bank in accordance with the provisions of this section. Development rights transferred shall be composed of square footage and units and may be made through gift or sale of those units. These rights are sometimes referred to herein as "TDR'S". 3. 265-23.3 Establishment of Sending and Receiving Sites; TDRs Transferred; Fees. a. Establishment of Sender Sites. Any property in any zoning district, upon the approval of the City Commission, in its sole discretion, after a public hearing, may be eligible as a sending site, subject to the terms, conditions and limitations of this Ordinance. b. TDRs transferred from City Owned Sender Sites. Upon the adoption of this Ordinance, the City shall deposit all development rights (in terms of square footage and units) from its sender sites in the TDR Bank for distribution and transfer in accordance with all of the procedures and limitations of this ordinance except the five year limitation set forth in Sec. 23.3(c)(5) below. All monies received by the City in connection with the transfer of development rights from City-owned sites shall be utilized for capital improvements only. In no case shall the transfer of any TDR's from a City Owned Site currently designated as park sites interfere with the use of those public parks and said parks shall forever remain as public parks. 02004-3/18 Amendment to TDRs -- Sec. 265-23 LMD:ch format 4/30/2004 -- 4:35 PM 3