30.35A.040 TDR sending site calculations.
(1) Calculation for transfer purposes only. The determination of the number of certified development rights that a sending site is eligible to transfer shall be valid for transfer purposes only and shall not entitle the sending site landowner to building permits or other development approvals.
(2) Calculation for countywide and regional certified development rights. The number of certified development rights that a sending site is eligible to transfer through the countywide TDR program or the regional TDR program shall be:
(a) The number of legal, existing, unimproved lots larger than 5,000 square feet and not counted in subsection (2)(b) of this section;
(b) Plus the sum of:
(i) The area in acres of lots not counted in subsection (2)(a) of this section and designated as Commercial Forest, Local Forest, or Commercial Forest - Forest Transition Area on the Comprehensive Plan Future Land Use Map, minus any area already subject to a conservation easement or similar encumbrance, divided by 80 acres, rounded down to the nearest whole number; plus
(ii) The area in acres of lots not counted in subsection (2)(a) of this section and designated as Low Density Rural Residential on the Comprehensive Plan Future Land Use Map, minus any area already subject to a conservation easement or similar encumbrance, divided by 20 acres, rounded down to the nearest whole number; plus
(iii) The area in acres of lots not counted in subsection (2)(a) of this section and designated as Local Commercial Farmland, Upland Commercial Farmland, Riverway Commercial Farmland, Rural Residential-10, or Rural Residential-10 (Resource Transition) on the Comprehensive Plan Future Land Use Map, minus any area already subject to a conservation easement or similar encumbrance, divided by 10 acres, rounded down to the nearest whole number; plus
(iv) The area in square feet of lots not counted in subsection (2)(a) of this section and designated as Rural Residential-5, Rural Residential, or Rural Residential RD on the Comprehensive Plan Future Land Use Map, minus any area already subject to a conservation easement or similar encumbrance, divided by 200,000 square feet, rounded down to the nearest whole number;
(v) Minus the number of existing dwelling units on all lots in the sending site. For the purposes of this section, accessory dwelling units, farm worker dwellings and temporary dwellings are not considered dwellings units.
(3) TDR calculation final. Except as otherwise provided by SCC 30.35A.050(4)(c), the final determination of the number of certified development rights that a sending site is eligible to transfer is the administrative authority of the director in accordance with chapter 30.81 SCC and shall not be revised due to subsequent rezones or other changes to the sending site. (Added by Amended Ord. 04-123, Dec. 15, 2004, Eff date Mar. 15, 2005; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013; Amended by Amended Ord. 17-050, Sept. 27, 2017, Eff date Oct. 14, 2017; Amended by Amended Ord. 18-070, Dec. 5, 2018, Eff date Dec. 17, 2018; Amended by Amended Ord. 21-018, June 9, 2021, Eff date June 19, 2021).