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Ordinance 2005-230
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Ordinance 2005-230
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Last modified
8/6/2013 2:50:59 PM
Creation date
1/25/2006 4:41:12 PM
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CityClerk-Ordinances
Ordinance Number
2005-230
Date (mm/dd/yyyy)
06/09/2005
Description
Amd Ord. 2004-218: Amend Sec. 265-23 of the LDRs, re: TDRs.
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<br />park may not be treated as a Sender Site as defined herein and no transferable <br />development rights may be calculated and transferred therefrom. <br /> <br />Sever: The removal of a development right from property rights possessed by <br />an owner of real property. The term connotes a removal or separation, in <br />perpetuity, as distinguished from a restriction or limitation, which may be <br />overridden, deleted or is subject to a time frame. <br /> <br />Transferable Development Rights: A development right is an appurtenant <br />right of land ownership that has an economic value separate from the land <br />itself, subject to reasonable regulation by local government under its police <br />power, and that may be transferred from the land from which the right is <br />severed (Sender Site, also referred to in this Section 265 23 as "sending site") <br />to another piece of land (Receiver Site, also referred to in this Section 265 23 <br />as "receiving site"). Once severed, all TDRs are technically deemed <br />deposited in the TDR Bank but thereafter, if only a portion of the <br />development rights attributable to a Sender Site is transferred to a <br />RFeceivertng .s.site, the remaining development rights may be remain <br />deposited in a TDR Bank in accordance with the provisions of this section <br />Ordinance. Transferable Development Rights means the maximum floor area <br />ratio (square footage) and density (dwelling units) exclusive of variances that <br />would be permitted to be transferred by the property's zoning on the date of <br />the transfer approval which will be calculated and allocated by a formula <br />developed by the City. These rights are sometimes referred to herein as <br />"TDRs:. <br /> <br />TDR Bank: The record maintained by the City for the deposit and <br />withdrawal/purchase ofTDRs. <br /> <br />3. 265-23.3 Establishment of 8eDdiDg Sender aDd ReeeiviDg Sites.:t <br />TDRs TraDsferred; Fees. <br /> <br />a. a.-Establishment of Sender Sites. Any property in any zoning <br />district, upon the approval of the City Commission, in its sole <br />discretion, after a public hearing, may be eligible as a .s.sending .s.site, <br />subject to the terms, conditions and limitations of this Ordinance~ <br /> <br />a. <br /> <br />b. <br />b. _TDRs Ttransferred from City:-Owned Sender Sites. <br /> <br />Upon the adoption of this Ordinance, the The City shall deposit all <br />development rights (in terms of square footage and dwelling units) <br />from its Sender Sites as they are defined hereunder in the TDR Bank <br /> <br />020lH 218 .\ma TDRs Sec. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 3 <br />2nd Rdg.docU:\u^.TTORNEY\Assilmffi6fttS\2005\A05 ReyisioRS te OrdiRanee No 2004 218 (TDR Or-diRaflee)\w02 <br />TDRameReeaordiRiance eaafli?:es 5 9 05 Saellev.eeeC:\Deellmeflts and Set{ing~shelley\Leeal Settines\Temeorart <br />IRtemet Files\OLK98\\':02 TOR.ameflaedordiRiEll'lce chaRees 5 9 05.aeeU:\f,TTOR.~EY\^ssieaments\2005\f.05 <br />RevisieRs to OffiiRElnCe Ne 2004 218 (TOR OrainaRee)\'.v02 TORameRdeaordiRiaRee chaRges ENW 5 5 <br />05.doeC:\OoeHmeRts aRd SettiRgs\Homel \My Oocuments\Saellev\TOR-ameadeaordiniaRee ehaRees.doe <br />
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