§ 62-1455. Same—Transfer of development rights.

Where a developer owns more than one tract or parcel of land within the unincorporated area of the county, and each such tract or parcel meets the minimum size requirement of ten acres, or five acres in the South Beach areas of the county, the uses permitted in a planned unit development may be transferred from one tract or parcel of land to the other tract or tracts of land provided the following conditions are met:

(1)

The transfer of such uses must be justifiable as enhancing the use or nonuse of land in the public interest. The protection and preservation of some area of environmental concern is a prime example of the intent of this provision.

(2)

The tracts of land need not be contiguous; however, they shall be in close proximity to each other.

(3)

The activities and proposed uses of each tract must complement and be an integral part of the development of the other tract or tracts of land.

(4)

The transfer of uses from one parcel to the other shall not increase the overall density permitted for the total acreage involved.

(5)

When a use has been transferred from one tract of land to another, then the transfer shall be noted in the PUD file maintained by the county zoning office, and such designations and transfer of land shall become a binding condition on the use of the land for the developer and all subsequent owners of the property.

(6)

The transfer of the land uses may include a transfer of primary residential uses, secondary nonresidential uses, motel and hotel units and restaurants; provided, however, the transferred motel and hotel units may only be transferred to a tract or parcel of land that meets the minimum size requirement of 20 acres.

(Code 1979, § 14-20.11(O); Ord. No. 95-48, § 1, 10-19-95; Ord. No. 97-49, § 9, 12-9-97)

State law reference

Regulations authorizing transfer of development rights encouraged, F.S. § 163.3202(3).