A.

Intent.

1.

It is the intent of this section to further a public purpose of preserving and protecting locally designated historic landmarks, landmark sites, archaeological sites and contributing properties in historic districts by creating a process that permits the sale and transfer of unused development to a receiving site.

2.

Designated receiving areas identified in this section are suitable and preferred for growth and redevelopment.

3.

Transfer of development rights are a voluntary option and not a requirement.

4.

The transfer of development rights program is not intended to guarantee a use or a development permit for a development project after a transfer of development rights is completed, but rather it is intended to supplement the requirements of the Unified Land Development Regulations.

B.

Definitions. The following words when used in this section shall have the following meanings below. Words not defined herein shall be interpreted in accordance with Section 47-24.11 of the Unified Land Development Regulations ("ULDR"), or in the Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), as amended, or shall be interpreted by their common and ordinary meaning:

1.

Architectural resource survey. A written document summarizing the systematic process of identifying and recording buildings, structures, objects, districts, and sites located in the City of Fort Lauderdale that includes a description of the architectural style, architectural integrity, and character of the buildings, sites, and structures. Surveys are on file with the Development Services Department ("DSD").

2.

Certificate of eligibility. A document issued by the DSD to the eligible historic landmark, landmark site, archaeological site, or contributing property located within a historic district (proposed sending site), stipulating the amount of area and/or density available for transfer.

3.

Certificate of transfer. A document issued by the DSD that authorizes the transfer of specified unused development rights from a locally designated historic landmark, landmark site, archaeological site, or contributing property within a historic district (sending site) to a receiving site. The certificate of transfer formally designates a sending site and a receiving site.

4.

Development rights. Unused floor area or unused residential dwelling units of a locally designated historic landmark, landmark site, archaeological site, or contributing property within a historic district that are calculated in accordance with Section 47-36.1.

5.

Eligible historic resource. A property that meets the criteria in Section 47-36.1.C.5. that may be eligible to transfer development rights subject to the requirements in Section 47-36.1.

6.

Existing conditions report. A report prepared by a registered architect or engineer that describes the current general condition of a locally designated historic landmark, landmark site, archaeological site, or contributing property in a historic district that is applying for a certificate of transfer including but not limited to photographs, an architectural description; a summary of general observations: and a description of the condition for each architectural, structural, and mechanical element, and dated no later than one hundred eighty (180) days prior to the submission of a certificate of transfer application.

7.

Gross floor area ("floor area"). Refer to the definition in Section 47-2.C.

8.

Maintenance plan. A written document prepared by a registered architect or engineer and submitted by or on behalf of all of the owners of a historic landmark, historic site, archaeological site, or "contributing property" located in a historic district for the transfer of development rights program, that identifies any existing deficiencies in the building along with a remediation plan for the short term, and which further identifies a plan for the cyclical maintenance of the building for the long term, and dated no later than one-hundred and eighty (180) days prior to the submission of any application under this article.

9.

Receiving areas. City approved areas identified in Section 47-36 that are eligible to receive development rights subject to the requirements in this section.

10.

Receiving sites. A lot(s) of land as defined in Section 47-36.1, located within a receiving area which have received development rights from a sending site through the purchase and transfer of development rights in accordance with this section.

11.

Residential dwelling units. means any residential attached or detached dwelling unit constructed or to be constructed for habitable living purpose. This includes, but is not limited to, single family residential, multi-family residential, apartment, condominium, and townhome units.

12.

Sending areas. City approved areas identified in Section 47-36 that are authorized to send development rights subject to the requirements in this section.

13.

Sending sites. A building or lot(s) of land as defined in Section 47-36.1, located within a sending area where its unused development rights have been transferred and sold in accordance with this section.

14.

Transfer of development rights ("TDR"). The sale and transfer of unused development rights by the owner(s) of a sending site to the owner(s) of a receiving site whereby the development rights of the sending site are extinguished and may be used or held by the receiving site.

C.

Designated sending area(s). The following properties are hereby designated as sending areas:

1.

Lots or buildings designated as historic landmarks by the city.

2.

Lots designated as historic landmark sites by the city.

3.

Lots designated as archaeological sites by the city.

4.

Lots or buildings located within a designated historic district identified as "contributing properties" in accordance with the city's most recent applicable architectural resource survey adopted by Resolution of the historic preservation board or identified as "contributing properties" in a designated historic district by resolution of the city commission.

5.

Qualified as an eligible historic resource after having met one (1) of the following criteria:

a.

Identified as a potential individual historic landmark, landmark site, or archaeological site in the city's most recent applicable architectural resource survey adopted by a resolution of the historic preservation board; or

b.

The building(s) or site is located within a potential historic district and the property has been identified as "contributing" in the city's most recent applicable architectural resource survey adopted by the historic preservation board; or

c.

A building(s) or site that has been identified by the State Historic Preservation Officer as "eligible" for listing in the National Register of Historic Places in accordance with Section 267.031, Florida Statutes, as amended; or

d.

A building(s) or site that is already listed in the National Register of Historic Places.

D.

Designated receiving area(s).

1.

The lots of land located in any of the following zoning districts are hereby designated as receiving areas for the purposes stated herein, only if they meet all the requirements in this section and are consistent with all provisions, including those related to TDRs, of the Broward County Land Use Plan.

a.

For the purpose of a transfer of density (dwelling units), the following zoning districts are receiving areas:

i.

RAC-CC

ii.

RAC-UV

iii.

RAC-RPO

iv.

RAC-EMU

v.

SRAC-SA(e)

vi.

SRAC-SA(w)

vii.

NWRAC-MUe

viii.

NWRAC-MUw

ix.

NWRAC-MUne

x.

UUV-NE

xi.

UUV-NW

xii.

UUV-SE

xiii.

CB

xiv.

B-1

xv.

B-2

b.

For the purpose of a transfer of non-residential floor area, the following zoning districts are receiving areas:

i.

RAC-UV

ii.

RAC-RPO

iii.

SRAC-SA(e)

iv.

SRAC-SA(w)

v.

NWRAC-MUe

vi.

NWRAC-MUw

vii.

NWRAC-MUne

viii.

UUV-NE

ix.

UUV-NW

x.

UUV-SE

xi.

CB

xii.

B-1

xiii.

B-2

xiv.

B-3

c.

For the purpose of a transfer of floor area to increase tower floor plate size, the following zoning districts are receiving areas:

i.

RAC-CC

ii.

RAC-UV

iii.

SRAC-SA(e)

iv.

SRAC-SA(w)

v.

NWRAC-MUe

vi.

NWRAC-MUw

vii.

NWRAC-MUne

E.

Regulations for receiving areas and developments using TDRs.

1.

Except as provided in Section 47-36.1, the lot(s) of land in receiving areas must comply with the applicable zoning district requirements of the ULDR. Section 47-36.1 shall prevail in the event of conflict with any other provision of the ULDR.

2.

A receiving area may not be located on the barrier island. In Section 47-36.1, the "barrier island" means any property located east of the intracoastal waterway within the boundaries of the City of Fort Lauderdale.

3.

A receiving area may not be located within an adopted adaptation action area (AAA) identified in the city's community investment plan, as amended.

4.

All receiving areas must comply with any applicable height requirements of the Federal Aviation Administration (FAA).

5.

Properties that to do not comply with the provisions in Sections 47-36.1.D and 47-36.1.E., are not located within a receiving area and are not authorized to receive development rights.

6.

Prior to allocations of TDRs, properties within a designated receiving areas must demonstrate compliance with the Broward County Land Use Plan, as amended, including all provisions related to Transfer of Development Rights within the Broward County Land Use Plan.

7.

All proposed developments utilizing TDRs must comply with all requirements for development permits in accordance with Section 47-24, along with all other ULDR development provisions, including not exceeding the maximum density and intensity limits provided within the underlying zoning category of the underlying property within the receiving area.

F.

Certificate of eligibility.

1.

Application for certificate of eligibility. An application for a certificate of eligibility must be submitted for a proposed sending site to the DSD, prior to the submission of an application for a certificate of transfer for the same property. The application must include the following information and the applicant must pay all the required fees at the applicant's own expense:

a.

Name, address, telephone number of applicant or authorized representative for applicant; and

b.

If the applicant is not the owner, a notarized letter from all the owners of the proposed sending site authorizing the applicant to apply for a certificate of eligibility on all of the owners' behalf; and

c.

Proof of ownership (deed) of the property proposed as a sending site; and

d.

Legal description of the property proposed as a sending site from Broward County Official Records; and

e.

Existing land use designation of the property proposed as a sending site; and

f.

Existing zoning of the property proposed as a sending site; and

g.

Calculations of the development rights of the proposed sending site; and

h.

Floor plans of the proposed sending site signed and sealed by an architect or engineer licensed to practice in the State of Florida, if applying to transfer non-designated floor area; and

i.

A current signed and sealed property survey of the property proposed as a sending site (dated no later than six (6) months prior to the date of submission of the certificate of eligibility application); and

j.

Resolution designating the property (proposed as a sending site) as either a historic landmark, landmark site, or archaeological site, if applicable; and

k.

A copy of a resolution passed by the city commission or historic preservation board adopting the most recent applicable architectural resource survey that identifies the proposed sending site as a "contributing property" located within a historic district, if applicable; and

2.

Calculation of available development rights from sending site.

a.

Development rights. Unused development rights that may be transferred to a receiving site must be calculated as follows:

i.

Floor area. Existing gross floor area of the sending site will be subtracted from the calculation of permitted gross floor area of the sending site per the ULDR incorporating setbacks, stepbacks, FAR, and all other requirements. The applicant shall submit calculations for the development rights along with signed and sealed floor plans to the DSD.

ii.

Density. Unused residential dwelling units on a sending site may be transferred to a receiving site rounding down to the nearest whole number. Total available residential dwelling units is based upon the net acreage of the entire site.

a)

Available residential dwelling units will be the calculation of the maximum residential dwelling units permitted on the sending site subtracted by the number of existing or already built residential dwelling units on the sending site.

b)

For zoning districts that have a density which is calculated using a pool of units the maximum density shall be calculated using a maximum FAR of three (3) multiplied by the net acreage of the parcel, then divided by an average unit size of (725) square feet which will provide the total density. The total density will be subtracted by the total number of existing residential dwelling units to identify the number of residential dwelling units available for transfer.

b.

Partially designated properties. If a sending site has been partially designated as a landmark, landmark site, or archaeological site, only the designated portion of the property may be included in the calculation of floor area or density that may be transferred to a receiving site. If only a building or structure is designated as a historic landmark and not any portion of the site, it is not eligible for TDRs.

3.

Criteria for certificate of eligibility. An application for certificate of eligibility must meet the following criteria:

a.

The applicant must provide a complete application with all required documentation as outlined in Section 47-36.1.F.; and

b.

The proposed sending site must be located within a sending area in accordance with Section 47-36.1.C.; and

c.

The development rights of the proposed sending site must be correctly calculated and meet the requirements of the most recently adopted ULDR and Comprehensive Plan.

d.

The Proposed Sending Site must not be restricted by any covenant, easement, or deed restriction that prohibits the development or use of any unused residential dwelling units or unused floor area at the Sending Site.

e.

A sending site applying for a certificate of eligibility as an eligible historic resource may be issued a certificate of eligibility and will be subject to the following conditions:

i.

Prior to applying for a certificate of transfer, the eligible historic resource must be designated as a landmark, landmark site, or archaeological site in accordance with Section 47-24.11.C.; or

ii.

If the eligible historic resource is located within a potential historic district, the district must be designated by the city commission prior to the submission of an application for a certificate of transfer and the eligible historic resource must be identified as a "contributing property" in the most recent applicable architectural resource survey adopted by the city commission or the historic preservation board that identifies the proposed sending site as a "contributing property" located within a historic district.

4.

Application review process.

a.

Determination of application completeness. The DSD shall determine within thirty (30) days of the application submittal whether the application is complete and shall notify the applicant of any missing documentation or additional information requested by the DSD in writing.

b.

If an applicant fails to provide additional information as requested in writing by the DSD within thirty (30) days of the request, the application shall be deemed withdrawn.

c.

The DSD shall review the application and determine whether the application meets the criteria as provided in Section 47-36.1.F.

d.

If the DSD determines that the application meets the criteria for a certificate of eligibility as provided in Section 47-36.1.F., the DSD shall approve the application and the DSD shall issue a certificate of eligibility.

e.

If the DSD determines that the application does not meet the criteria as provided in this Section 47-36.1.F., the DSD shall deny the application and the DSD shall issue a letter of denial to the applicant.

5.

A certificate of eligibility will expire twenty-four (24 months) months after issuance and may not be relied upon for determining development rights. An expired certificate of eligibility may not be included in an application for a certificate of transfer.

a.

The Applicant may apply for a Renewal of a Certificate of Eligibility for the Sending Site at least thirty (30) days prior to its expiration by filing an Application for a Renewal of the Certificate of Eligibility at the DSD.

b.

A renewal will be issued by the DSD unless the property no longer meets the criteria found within Section 47-36.4., the property is altered with a modification in gross floor area, if residential units have been removed or added, or if there has been a change in the zoning district of the property. If the property has been altered with a modification in gross floor area, if residential units have been removed or added, or if the zoning district has been changed, a new Certificate of Eligibility will be required. A Renewal Certificate of Eligibility will expire twenty-four (24) months after issuance.

6.

Appeal of an application for a certificate of eligibility. If an application for a certificate of eligibility is denied, the applicant may file an appeal in accordance with Section 47-26B.

G.

Development rights available for transfer to receiving sites.

1.

Floor area. Receiving sites located within a receiving area identified in Section 47-36.1.D. may incorporate additional floor area by increasing the height in accordance with Table 1 below or by increasing the tower floor plate size up to fifteen (15) percent. Floor area equal to the square footage of the floor plate for each additional story or level incorporated above the permitted height must be transferred from the sending site to the receiving site:

TABLE 1: RECEIVING AREAS THAT MAY RECEIVE ADDITIONAL SQUARE FOOTAGE OF FLOOR AREA TO INCREASE HEIGHT

2.

Maximum height. Unless permitted by Section 47-36.1, the receiving site may not utilize TDRs to exceed the maximum allowable height in Sections 47-6.20, 47-13.21, 47-13.30, 47-13.31, 47-37B.5.

a.

Downtown RAC and uptown urban village. No structure may exceed a height limitation two and one-half times the height of the maximum height of the neighboring zoning district for a distance equal to mid-block of the development site or for a depth of two hundred (200) feet as measured from the zoning district boundary abutting the zoning district of the development, whichever is less.

3.

Increase in tower floor plate size. An increase in floor plate size through the use of TDRs does not require a separate request for a deviation from the design standards and dimensional requirements. All other design standards and dimensional requirements included in the applicable zoning district, including tower separation, applies.

4.

Density.

a.

Receiving sites areas identified in Section 47-36.1.D. are authorized to receive residential dwelling units in accordance with the maximum allowable density of the underlying zoning district.

b.

Receiving sites obtaining additional dwelling units through the TDR program must maintain a minimum unit size of four hundred (400) square feet per dwelling unit.

H.

Certificate of transfer.

1.

An application for a certificate of transfer shall be made to the DSD and must include all the following information and the applicants must pay for any fees required at their own expense.

a.

Sending site information required:

i.

Name, address, telephone number of applicant and authorized representative(s) for applicant, if applicable; and

ii.

If the applicant is not the owner, a notarized letter from all of the owners of the property proposed as a sending site authorizing the applicant to apply for a certificate of transfer on all of the owners' behalf; and

iii.

Proof of ownership (deed) of the property proposed as a sending site; and

iv.

Certificate of eligibility issued by the DSD; and

v.

If the certificate of eligibility was issued to an eligible historic resource, the applicant must also provide a copy of a city resolution designating the eligible historic resource in accordance with Section 47-36.1.C.5; and

vi.

Existing conditions report; and

vii.

Maintenance plan; and

viii.

Opinion of title and title report for the property proposed as a sending site; and

ix.

A restrictive covenant in a form prepared by the City Attorney or his or her designee, signed by all the owners of the proposed sending site which includes all the restrictions required in Section 47-36.1.H.; and

b.

Receiving site information required:

i.

Name, address, telephone number of applicant or authorized representative for applicant; and

ii.

If the applicant is not the owner, a notarized letter from all of the owners of the property proposed as a receiving site authorizing the applicant to apply for a certificate of transfer on all of the owners' behalf; and

iii.

Proof of ownership (deed) of the property proposed as a receiving site; and

iv.

A current signed and sealed property survey of the property proposed as a receiving site (dated no later than six (6) months from the date of submission of the application for a certificate of transfer); and

v.

Existing land use designation and zoning district of the property proposed as a receiving site; and

vi.

Existing zoning of the property proposed as a receiving site; and

vii.

Opinion of title and title report for the property proposed as a receiving site; and

c.

Additional items to be included in application submittal:

i.

Draft of a certificate of transfer; and

ii.

Letter of intent outlining intended use of TDRs at proposed receiving site.

I.

The application for a certificate of transfer must meet all of the following criteria for approval:

1.

The applicant must provide a complete application with all required documentation as outlined in Section 47-36.1.H.; and

2.

Sending site criteria that must be met:

a.

The property proposed as sending site must be located in a sending area identified Section 47-36.1.C.; and

b.

The property proposed as a sending site must not have modifications to the floor area or density after the issuance of an unexpired certificate of eligibility; and

c.

The property proposed as a sending site must be designated by a city resolution designating the sending site as a historic landmark, landmark site, building, or archaeological site, or the sending site must be located in a designated historic district and identified as a "contributing property" by resolution of the city commission or historic preservation board; and

d.

The property proposed as a sending site must not have any residual development rights that jeopardize the preservation and protection of the historic or archaeological features of the property; and

e.

The development rights of the sending site must be unused; and

f.

The development rights of the sending site must be correctly calculated and meet the requirements of the most recently adopted ULDR and Comprehensive Plan; and

g.

The restrictive covenant must be in a form prepared by the City Attorney or his or her Designee. The restrictive covenant must include provisions with the following restrictions on the sending site:

i.

The sending site will be maintained to a standard consistent with the City of Fort Lauderdale's standards for "Forty (40) year recertification"; and

ii.

Long-term maintenance of the sending site as outlined in the maintenance plan and shall be in effect for (30) years from the date that it is recorded and shall be binding on all existing owners and any subsequent owners; and

iii.

The development rights sold and transferred by the sending site shall remain a restriction on the development rights of the existing owners and subsequent owners of the sending site in perpetuity even if any building(s) on the sending site are demolished; and

h.

The applicant must prove that the transfer of development rights from the sending site to the receiving site will result in the accomplishment of a public purpose of preserving and protecting historic or archaeological properties; and

i.

The maintenance plan must sufficiently outline plans for continued preservation of the historic resource; and

j.

The existing conditions report must describe in detail the current general condition of a locally designated historic resource.

3.

Receiving site criteria that must be met:

a.

The property proposed as a receiving site must be in a receiving area identified in Section 47-36.1.D. and comply with the requirements in Sections 47-36.1.D. and 47-36.1.E.; and

b.

The property proposed as a receiving site must be compatible with adjacent existing and planned land uses; and

c.

The property proposed as a receiving site must have public facilities and services (e.g., portable water, sanitary sewer, solid waste, transportation, etc.) that will be adequate, consistent with adopted level of service standards; and

d.

The property proposed as a receiving site must meet the city and county storm evacuation standards; and

e.

The property proposed as a receiving site must not negatively impact environmental and historic resources.

J.

Review process - Certificate of transfer.

1.

Determination of application completeness. The DSD shall determine within thirty (30) days of the application submittal whether the application is complete and shall notify the applicant of any missing documentation or additional information requested by the department in writing.

2.

If an applicant fails to provide additional information as requested in writing by the DSD within thirty (30) days of the request, the application shall be deemed withdrawn.

3.

An application for a certificate of transfer shall be reviewed the DSD subject to the criteria in Section 47-36.1.

4.

The DSD shall determine whether the application meets the standards and requirements of the ULDR.

5.

If the DSD determines that the application for a certificate of transfer meets the standards and requirements of the ULDR, the application will be approved, and the certificate of transfer will be issued. The certificate of transfer will be signed by the director of the DSD or his or her designee.

6.

If the DSD determines that the application for a certificate of transfer does not meet the criteria in Section 47-36.1, the application shall be denied. The director of the DSD or his or her designee will issue written notice of the denial to the applicant.

K.

Appeal of application for certificate of transfer. An appeal may be filed by the applicant if the application for a certificate of transfer is denied in accordance with Section 47-26B.

L.

Issuance of certificate of transfer.

1.

Issuance. The DSD will issue a certificate of transfer for the development rights after final DRC approval of the application for a certificate of transfer.

2.

Certificate of transfer. The certificate of transfer will officially designate a sending site and a receiving site. The certificate of transfer will also delineate the number of dwelling units (if applicable) transferred to the receiving site and the amount of square footage (if applicable) transferred to the receiving site.

3.

After an application has been approved, the DSD shall notify the applicant to pick-up the documents to be recorded in the public records of Broward County.

M.

Recording of certificate of transfer. The certificate of transfer must run with the land of the receiving site and must be recorded within thirty (30) days after its approval by the city, in the public records of Broward County at the expense of the owner(s) of the receiving site. A certified copy of the recorded certificate of transfer must be furnished by the applicant to the DSD within thirty (30) days after the date that it is recorded in the public records.

N.

Effective date of TDR. The TDRs are deemed transferred to the receiving site on the date that a fully executed certificate of transfer is recorded in the public records of Broward County.

O.

Recording of restrictive covenant. The restrictive covenant must run with the land of the sending site, binding all existing and future owners of the Sending Site. The Restrictive Covenant must be recorded in the public records of Broward County at the owner(s) of the sending site's expense within thirty (30) days after the certificate of transfer is approved by the city. A certified copy of the recorded restrictive covenant must be furnished by the owner(s) of the sending site to the DSD within thirty (30) days after the date that it is recorded in the public records.

P.

TDRs transferred to a receiving site.

1.

The development rights that are transferred by the sending site to the receiving site, shall remain on the receiving site in perpetuity unless an application for a Retransfer of TDRs is approved by the City and a TDR Extinguishment Document is filed in the public records at the applicant's expense, subject to the city's ULDR, city's comprehensive plan, and the Broward County Land Use Plan.

2.

Once TDRs are transferred to a receiving site by a Certificate of Transfer, the development rights are extinguished from the sending site in perpetuity.

3.

Any retransfer of TDRs is subject to a retransfer fee.

Q.

Retransfer of TDRs. Once TDRs are transferred to a Receiving Site, the Receiving Site may retransfer its TDRs that are unused to another property, if the owner of the original Receiving Site and the owner of the new Receiving Site submits an application for a new Certificate of Transfer and receives approval from the DSD in accordance with requirements for a Receiving Site in accordance with Section 47-36.1.H.

R.

Future development of sending site. In addition to the requirements herein, future development of the sending site will be governed by the restrictive covenant, zoning regulations, city comprehensive plan, and Broward County Land Use Plan in effect at the time of the development.

S.

Development permits and certificates of transfer.

1.

Development permits for receiving sites must include a copy of the recorded certificate of transfer.

2.

All proposed developments utilizing TDRs must comply with all the requirements for development permits in accordance with Section 47-24, and all other applicable provisions of the ULDR, including not exceeding the underlying density of the property zoning category.

3.

Developments utilizing TDRs must be compatible with adjacent land uses and meet applicable neighborhood compatibility requirements of Section 47-25.3 and must be compliant with master plans adopted in the ULDR and meet the intent of the design guidelines included in drafted master plans developed by the DSD.

4.

The purchase of a TDR does not guarantee a use or a development permit. Uses and development permits are subject to all other applicable development regulations in the ULDR.

5.

Existing Site Plans. Approved site plans that utilized transferred development rights prior to December 2, 2025, may be approved, amended, or modified using the TDR provisions in effect at the time of the approved site plan.

(Ord. No. C-21-10, § 2, 3-16-21; Ord. No. C-25-48, § 4, 12-2-25)