(a) Transfer of development rights provides for greater development potential through increased density to parcels of land which may or may not be contiguous or under the same ownership.
(b) Only those zoning classifications as designated by the county council shall contain transfer of development rights.
(c) Once a parcel of land has transferred its development right, it is permanently reserved from specified development uses; except in the case of where a single parcel has been developed to less than its maximum yield, then such land may receive development rights transferred to it from other eligible property in the particular zoning classification.
(d) Transferable development rights shall be acquired only by property owners within a zoning classification which contains such rights and in no event shall a property owner own more transferable development rights than the maximum yield allocated to property owned.
(e) No development rights may be transferred from 1 zoning classification to another.
(f) For each zoning classification containing transfer development rights, the planning commission shall recommend and the county council shall adopt the manner in which development rights are allocated to individual owners.
(g) Development of land in zoning classification which contain transfer of development rights is limited to those uses as specified in the particular zoning classification.
(h) Transferable development rights belong to the owner of the fee-simple title.
(i) If no mention is made of reserving to the grantor transferable development rights in a general warranty deed conveying a fee-simple title, such rights shall pass to the purchaser of the fee.
(j) A round-off system will be used to calculate the number of transferable development rights eligible for a particular piece of property. The transferable development rights will be calculated and carried 2 decimal points and then rounded off accordingly (i.e., any fractional unit greater than or equal to .50 will be rounded up to the next whole number). Fractional units of development rights may be transferred.
(k) In no event shall an owner transfer more development rights than that required for a building(s) actually constructed and no building permit may be issued for a piece of property which has less than 1 whole transfer development right.
(1976 Code, § 17-32) (Ord. 1064, § 2, passed 12-21-1983)