(A) The purpose of this section is to provide means by which the development rights may be transferred from sending parcels to receiving parcels.
(B) A development right is calculated as being equal to an area of land having 250 feet of road frontage on an existing (at the date of adoption of this regulation) county road with a minimum depth of 200 feet within an A-1 Zoning District, provided, however, that there are no transferable development rights in the urban planning area as set forth in the community’s Comprehensive Plan. In those instances where a parcel of land has no road frontage on an existing county road, but was on a recognized county road on February 27, 1974, and was owned by an immediate family member on or before December 31, 1966, development rights shall be calculated at the rate of one per ten acres.
(C) For the purpose of determining TDR multiples, the county is divided into four areas as follows.
(1) Area #1. Bordered on the west by Fayette County, the north by I-64, the east by a CSX Railroad line that runs from Winchester to Ford and on the south by Madison County.
(2) Area #2. Bordered on the west by Fayette County, North by Bourbon County, the east by an overhead electric transmission line that runs from the Montgomery/Bourbon County line to the Mountain Parkway near Morris Road, and bordered on the south by I-64 and the Mountain Parkway.
(3) Area #3. Bordered on the west by an electric transmission line and Area #2, the north and east by Montgomery County and Powell County, and on the south by the Mountain Parkway.
(4) Area #4. Bordered on the north by the Mountain Parkway, the east by Powell County, the south by Estill and Madison County and the west by the CSX Railroad and Area #1. Note, not included in any of these areas is the portion of land designated as the urban planning area.
(D) TDR Multiples include the following.
(1) The following chart shall be used to determine TDR multiples.
Location of Sending Parcel | Location of Receiving Parcel | TDR Multiple |
Location of Sending Parcel | Location of Receiving Parcel | TDR Multiple |
Scenic corridor | Non-scenic corridor | 2.0 |
Area #1 | Area #2 | 1.5 |
Area #2 | Area #3 | 1.5 |
Area #3 | Area #4 | 1.5 |
Area #1 | Area #3 | 2.0 |
Area #2 | Area #4 | 2.0 |
Area #1 | Area #4 | 2.5 |
(2) A transfer from one property to another within the same area has TDR multiple of one.
(3) Development rights may not be transferred from a higher numbered area to a lower numbered area.
(E) Procedures include the following.
(1) Sending parcels. The following procedure must be followed by the owner of the sending parcel.
(a) The owner shall file with the Planning Commission a statement certified by a registered surveyor or engineer as to the length of the owner’s frontage on the applicable public road, and may be required to furnish such other information as the Commission may require in order to identify the property and determine the number of development rights attributable to the property.
(b) Development rights may be transferred only by deed and the transfer shall be effective only if approved by the Planning Commission. The deed must state the total number of development rights contained in the sending parcel, the number of development rights transferred by the deed, and the number of development rights remaining in the sending parcel. A transfer of development rights shall be effective only upon recording of the deed transferring same, with Planning Commission approval endorsed thereon.
(2) Receiving parcels. Prior to approval of the deed, the Planning Commission must first approve the grantee’s plan for incorporating the transferred development rights (TDRs).
(F) The Planning Commission shall adopt subdivision regulations to permit TDRs to be used to increase densities use in crossroads community districts.
(Prior Code, § 8.9) (Ord. 99-1, passed 3-24-1999)