Ordinance 2004-218 - Laserfiche WebLink

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1. 265-23 (1). Purposes and Applicability. This section is intended to provide for greater flexibility in the pattern of development by allowing for the transfer of development rights (unused floor area and density) from one parcel to another where the City Commission determines that (a) such transfers will assist in the renewal, rehabilitation, and redevelopment of commercial, Town Center and beachfront property and that (b) preservation and enhancement of open space, natural resources, historical and archeological resources, preservation of view corridors, concentration of public parking, or provision of educational or other public purpose objective may be achieved through such shifts in the development pattern. 2. 265-23 (2). Definitions: As used in this section, the following terms shall have the meanings indicated: Administrator: shall mean the Planning and Zoning Administrator. Bank Statement: shall mean the statement used to record deposits and withdrawals from the TDR Bank, as herein defined, in accordance with this Section. Comprehensive Plan: The Comprehensive Plan of the City of Sunny Isles Beach, Florida, as adopted October, 2000. LDRs: Land development regulations of the City of Sunny Isles Beach, adopted December 10, 2002, as the same may be amended from time to time, consistent with the Comprehensive Plan ofthe City of Sunny Isles Beach. 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 provided that such site shall be deemed by the City Commission to be appropriate or advisable for use as open space, parks, park amenities or recreational facilities or parking for those facilities (hereinafter individually and collectively referred to as "a park or parks" as the case may be."). Any site to be used for any purpose other than a park may not be treated as a Sender Site as defined herein and no transferable development rights may be calculated and transferred therefrom. 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 02004-218 Amd TDRs -- Sec. 265-23 2