Item B2 Chapter 138Monroe County Comprehensive Plan Update
Chapter 138 RATE OF GROWTH RESTRICTIONS (ROGO/NROGO)
ARTICLE I. IN GENERAL
Appeals. See. 1238 1. <Moved to Sec.138 -29>
shall be made to the bear-d ef eettnty eemmissi44Refs. The fietiee ef stieh appeal shall be in a fiafm
days or_ the ..l,.., ee . o;4 , . -; �io�r. —Upon the— filifig of an appeal, the plate 'i g
mat*r, Failtir-e te file afi appeal with the board shall eenstifute a waivef of afiy rights under- this
(b) The filing ef an appeal shall fiet stay either- the aetien ef the plan sien or- the
appheations shall feeeive alleeatien awafds, when sueh allLfqiAn AA , A , 'ar-ds are te be made and—
dwelling unit alleeatien er- etiffent annual alleeatien fer- nefir-esidenfial fleer- spaee. Te e s1mr-pe that
Secs. 138 -12- 138 -18. Reserved.
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Monroe County ComprehensiN a Plan Update
ARTICLE II. RESIDENTIAL RATE OF GROWTH LIMITATIONS (ROGO)
Sec. 138 -19. Residential (Rate of &Growth , @Ordinance (ROGO).
(a) Definitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Allocation period means a defined period of time within which applications for the residential
ROGO allocation will be accepted and processed.
Annual allocation period means the 12 -month period beginning on July 13, 1992, (the effective
date of the original dwelling unit allocation ordinance), and subsequent one -year periods.
Annual residential ROGO allocation means the maximum number of dwelling units for which
building permits may be issued during an annual allocation period.
Buildable lot or parcel, for the purposes of this chapter, means a lot or parcel which must contain
a minimum of 2,000 square feet of upland, including any disturbed wetlands that can be filled.
Controlling date means the date and time a ROGO application is submitted. This date shall be
used to determine the annual anniversary date for receipt of a perseverance point and shall
determine precedence when ROGO applications receive identical ranking scores. A new
controlling date shall be established based upon the resubmittal date and time of any withdrawn
or revised application, except pursuant to sSection 138- 25(h).
Lawfully established for ROGO/NROGO exemption means a r-e� dwelling unit or
nonresidential floor area that has received a permit or other official approval from the division of
growth management for the unit and/or nonresidential floor area.
Quarterly allocation period means the three -month period beginning on July 13, 1992, or such
other date as the board may specify, and successive three -month periods.
Quarterly residential ROGO allocation means the maximum number of residential dwelling
units for which building permits may be issued in a quarterly allocation period.
Residential dwelling unit (dwelling unit) means a dwelling unit as defined in sSection 101 -1, and
expressly includes the following other terms also specifically defined in sSection 101 -1: rooms,
hotel or motel; campground spaces; mobile homes; transient nasfir units; and institutional
residential units (except hospital rooms).
Residential ROGO allocation means the maximum number of dwelling units for which building
permits may be issued in a given time period.
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Monroe County Comprehensive Plan Update
Residential ROGO allocation award means the approval of a residential ROGO application for
the issuance of a building permit.
ROGO application means the residential ROGO application submitted by applicants seeking
allocation awards.
(b)-Purpose and intent. The purposes and intent of residential ROGO are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to protection of residents, visitors and property in the county
from natural disasters, specifically including hurricanes;
(2) To limit the annual amount and rate of residential development commensurate with
the county's ability to maintain a reasonable and safe hurricane evacuation clearance
time;
(3) To regulate the rate and location of growth in order to further deter deterioration of
public facility service levels, environmental degradation and potential land use conflicts;
(4) To allocate the limited number of dwelling units available annually hereunder, based
upon the goals, objectives and policies set forth in the comprehensive plan; and
(5) To implement goal 105 of the comprehensive plan.
Sec. 138 -20. General $Provisions.
(a) Residential ROGO allocation award required _No building permit shall be issued for a new
dwelling unless the dwelling unit has received a residential dwelling unit allocation award, or is
determined to be exempt as provided below.
(b) Yearly review and monitoring. As required by the eComprehensive pPlan, as requested by the
Pplanning Ceonu ission or the BOCC IO&d, or as otherwise necessary, the Pplanning Ddirector
shall consider the rate, amount, location, and ratio of market rate to affordable housing
residential dwelling units available for development in the Ceounty. The Pplanning Ddirector
shall also monitor the effects of such development and determine the conformity of such
development with the Ceomprehensive Pplan and thisC- chapter. This review, in whole or in part,
may form the basis for recommendations by the Pplanning Ddirector or the Pplanning
Ceommission to the BOCC for action to repeal, amend or modify the ROGO allocation
system.
(c) The ROGO allocation system shall apply within the unincorporated area of the
county outside of the county mainland, and such area, for purposes hereof, has been divided into
subareas as follows:
(1) Upper Keys: the unincorporated area of the county north of Tavernier Creek and
corporate limits of the Village of Islamorada (approximately mile marker 90).
(2) Lower Keys: the unincorporated area of the county from the corporate limits of the
Village of Islamorada (approximately mile marker 72) south to the corporate limits of the
City of Key West at Cow Key Bridge on U.S. Highway 1 (approximately mile marker 4),
excluding Big Pine Key and No Name Key.
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Monroe County Comorehensh a Plan Cndate
(3) Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key
within unincorporated the county.
Sec. 138 -21. Type of dDevelopment *Affected.
The residential ROGO shall apply to all residential dwelling units including institutional
residential uses, such as nursing homes and rehabilitation centers, for which a building permit is
required by this ehapter-and for which building permits have not been issued prior to July 13,
1992, except as otherwise provided herein.
Sec. 138 -22. Type of dDevelopment *Not *Affected.
The residential ROGO shall not apply to the development described below:
(gl) Redevelopment on-site. rehabilitation or replacement of any lawfully
established I d welling unit or space that does not increase the number of
dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or
replacement shall be exempt from the residential ROGO system.
The Planning Ddirector shall review available documents to determine if a body of evidence
exists to support the lawful existence of units on or about July 13, 1992, the effective date of the
original ROGO. Such evidence shall be documented and submitted to the Planning Ddirector on
a form provided by the p l,,.,. in a,,..,..... ent e f pPlanning and eEnvironmental r-Resources
Department Any issued Monroe County building_ permit (s) for the original construction of the
structure confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992
can stand as the only piece of evidence for a ROGO exemption.
If there are no building_ permit (s) for the original construction of the structure which confirm the
lawful existence of the dwelling unit and its use(s) on or about July 13, 1992, the application
shall include, at a minimum, at least two of the following documents:
l�r Any other issued Monroe County building permit(s) supporting the existence of the
structure(s) and its use(s) on or about July 13, 1992;
2b. Documentation from the Monroe County Property Appraiser's Office indicating
residential use on or about July 13, 1992;
3� Aerial photographs (to confirm the number of structures, not the number or type of
dwelling units) and original dated photographs showing the structure(s) existed on or
about July 13, 1992;
L414- Residential county directory entries on or about July 13, 1992;
Vie- Rental, occupancy or lease records, on or about July 13, 1992, indicating the number,
type and term of the rental or occupancy;
�€ State and/or county licenses, on or about July 13, 1992, indicating the number and
types of rental units;
Documentation from the utility providers indicating the type of service (commercial
or residential) provided and the number of meters in existence on or about July 13,
1992; and
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Monroe County Comprehensive Plan Update
(8)h-. Similar supporting documentation not listed above as determined suitable by the
pf lanning dDirector.
Any dwelling unit established after the effective date of the original ROGO should be
documented through the ROGO permit allocation system and fesidel- dwelling units that
received such allocations that were constructed and received certificates of occupancies may be
established as exempt from ROGO through verification of the certificate of occupancy alone.
Provision of affidavits to support the existence of a rresiddeeffh-] welling unit(s) is allowed, but
cannot be the sole record upon which a decision is based.
Provision of documents is the responsibility of the applicant.
Residet*W -d welling units determined to be exempt from the ROGO per this subsection that
have not been previously acknowledged by the Pplanning Ddirector may also be
nonconformities, pursuant to eChapter 102, eArticle III ftNonconformities. Such occasions shall
require a determination by the Pplanning Ddirector as to the lawfulness of the nonconformity.
(124) Transfer off-site. Residential dwelling units and transient units may be transferred to
another site in the same ROGO sub -area, provided that the units lawfully exist and can be
accounted for in the County's hurricane evacuation model.
(1) ROGO exemptions may be transferred as follows:
a. between sites within the Upper Keys ROGO sub -area:
b. between sites within the Lower Keys ROGO sub -area:
c. between sites within the Big Pine Key and No Name Key ROGO sub -area:
d. from the Big Pine Key and No Name Key ROGO sub -area to the Lower Keys ROGO
subarea.
(2) No sender units may be transferred to an area where there are inadequate facilities and
services.
t&Transfer off -site shall consist of either the demolition of a dwelling unit on a sender site
or a change of use of the floor area of dwelling unit on a sender site to another permitted
use in the applicable land use (zoning) district that does not require the ROGO exemption
and the development of a new dwellin unit transient - °si�ti- -unit or affordable
housing unit on a receiver site. arms-
(4) Transfer of Lawfully Established Unit Types:
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Monroe County ComprehensiN Plan Update
a. Transfer of a transient unit. A lawfully established hotel room, motel room,
campground space, or recreational vehicle space may be transferred off -site to
another hotel, motel, campground or recreational vehicle park.
b. Transfer of an affordable housing unit. A lawfully established permanent market
rate or affordable dwelling unit may be transferred to affordable housing. The
receiver site shall be developed with an affordable housing unit pursuant to SSections
101 -1 and 139 -1.
c. Transfer of a market rate unit. A lawfully established permanent market rate
dwelling unit may be transferred to a receiver site and developed as a market unit,
provided that one of the following is satisfied:
1. A 99 year deed - restricted affordable housing unit, pursuant to Sections 101 -1
and 139 -1, is retained or redeveloped on the sender site. If the existing dwelling
unit is proposed as the deed - restricted affordable housing unit, the unit shall pass
a life safety inspection conducted in a manner prescribed by the Monroe County
Building Department, comply with hurricane standards established by the Florida
Building Code, and habitability standards established under the Florida Landlord
and Tenant Act, or
2. The sender site is dedicated to Monroe County for the development of
affordable housing and an in -lieu fee per unit, based on the current maximum
sales price for a one - bedroom affordable unit as established under Section 139 -
1(a), is paid to the affordable housing trust fund, or
3. A 99 year deed - restricted affordable housing unit, pursuant to Sections 101 -1
and 139 -1, is developed on a Tier III property (single- family residential lots or
parcels) and the dwelling unit on the sender site is demolished and the sender site
is restored.
(5)Sender Site Criteria:
a. Contains a documented lawfully- established sender dwelling unit pursuant to
desiefiatien-within the County's Military Installation Area of Impact (MIAI ) Overlay.
63) Receiver Site Criteria:
a. The Future Land Use category and Land Use (Zoning) District must allow the
requested use:
b. Must meet the adopted density standards:
c. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.),
d. Located within a Tier III designated area: and
e. Structures are not located in a velocity(V) zone or within a CBRS unit.
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Procedures for transfer off-site.
W4- A pre - application conference and, at a minimum, a minor conditional use permit
approval shall be required for both the sender site and the receiver site. The minor
conditional use for the transfer shall be reviewed pursuant to standards in this subsection
(2) and not the standards provided in &Section 110 -67. As part of the minor conditional
use permit approval process, mailing of notice shall be required to owners of real
property located within 300 feet of the receiver site and owners of real property located
within 300 feet of the sender site. The receiver shall be posted in accordance with
&Sections 110 -5(h) and 110 -69. Posting of notice, as required in &Section 110 -5(cfO shall
be required for the receiver site, but not the sender site.
Q�1- A sender unit shall be assigned a unique identifier number that shall be used for
tracking and monitoring by the Manning and Environmental Resources D department.
Multiple units to be transferred from a sender site to a single receiver site may be
authorized under a single minor conditional use permit approval. The unique identifier
number shall be itemized in the minor conditional use permit development orders and
building permits required for both the sender and receiver sites.
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Ld)& Conditions for issuance of permit. No building permit shall be issued for the new dwelling
unit, transient Fesiden- it or affordable housing unit on the receiver site until one of the
following conditions is met:
(�1 4 The dwelling unit to be transferred is demolished as per an issued demolition permit
and a final inspection of the demolished or removed dwelling unit or space has been
completed and approved by all necessary county staff;
(2_)2- The structure in which the dwelling unit to be transferred is located is converted to
another permitted use as per an issued building permit and a final certificate of occupancy
for the conversion has been issued; or
(1p- Restoration of the sender site consistent with an approved restoration/re- vegetation
plan.
(e-3) Nonresidential use _Nonresidential uses are not affected by residential ROGO.
(f4) Development not increasing hurricane evacuation times. Any applicant that can demonstrate
with a traffic study acceptable to county traffic engineers that thehis proposed development will
not increase hurricane evacuation times. All ; - dwelling units to be located in the Ocean
Reef master p lanned communitv develepi are deemed not to increase hurricane evacuation
times.
(g3) Public /governmental uses. Public /governmental uses, including capital improvements and
public buildings, as are defined in sSection 101 -1 shall be exempt from the residential ROGO
system.
(h§) Other nonresidential development. other use, development, project, structure, building,
fence, sign or activity, which does not result in a new fesidenfieA- dwelling unit shall be exempt
from the residential ROGO system.
(i -7) Vested rights Landowners with a valid, unexpired development of regional impact approval
granted by the couty prior to July 13, 1992, shall be exempt from the residential ROGO system.
(ig) Temporary emergency housin Temporary emergency housing shall be exempt from the
residential ROGO system pursuant to Section 103 -3.
Sec. 138 -23. Moratorium on *New #Transient *Units.
New transient residential units, such as hotel or motel rooms, or campground, recreational
vehicle or travel trailer spaces, shall not be eligible for residential ROGO allocations until May
1, 2022.
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Monroe County Comprehensive Plan Update
Sec. 138 -24. Residential ROGO ffAllocations.
(a) Number of available annual residential ROGO allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the
total number of affordable residential ROGO allocations available countywide en-a- yeafly
shall be as follows:
Subarea
Number of Dwelling Units
Upper K eys
L Keys
Big P ine and No Name Keys
Total market rate
61
57
8
126
Affordable dwelling units
Very Low, Low, and Median
Incomes
360*
Moderate Income
350*
*Includes one annually for Big Pine Key and No Name Key.
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Land Development Code: March 2016
ROGO Year
Annual Allocation
Market Rate
Affordable Housing
July
13,
2013- July
L . • MA
U: 61
126
L: 57 BPK/NNK: 8
71
July
13,
2014- July
12, 2015
U: 61,
..
_. ._
July
13,
2015- July
12, 2016
U: 61
126
L: 57 BPKNNK: 8
71
July
13,
2016- July
12, 2017
+•
126
L: 57, BPK/NNK: 8
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Land Development Code: March 2016
ROGO Year
Annual Allocation
Market Rate
Affordable Housing
July
13,
2013- July
12, 2014
U: 61
126
L: 57 BPK/NNK: 8
71
July
13,
2014- July
12, 2015
U: 61,
126
L: 57, BPK/NNK: 8
71
July
13,
2015- July
12, 2016
U: 61
126
L: 57 BPKNNK: 8
71
July
13,
2016- July
12, 2017
U: 61,
126
L: 57, BPK/NNK: 8
497 5" total AFH
July 13, 2017- July 12, 2018
126
U: 61, L: 57, BPK/NNK: 8
July 13, 2018- July 12, 2019
126
U: 61 L: 57 BPK/NNK: 8
July
13,
2019- July
12, 2020
U: 61
12C>
L: 57 BPK /NNK: 8
(total available
immediately)
July 13, 2020- July 12, 2021
126
U:61 L: 57 BPK'NNK: 8
July 13, 2021- July 12, 2022
126
U:61 L: 57 BPK,,NNK: 8
July 13, 2022- July 12, 2023
126
U:61 L:57BPK/NNK:8
TOTAL
1,260
710*
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Jlonroe County Conwrehensb a Plan C
* (includes two annual affordable ROGO allocations for the Big Pine Kev /No Name Key subarea)
da. pursuant to Admini
allocation rate. By July 12, 2018, if substantial financial support is provided by State and Federal
partners the County may reevaluate the ROGO distribution allocation schedule and consider an
extended timeframe for the distribution of market rate allocations. If necessary, 'Monroe Count
vv ill request a Rule chanme from the Administration Commission to authorize an alternative
abeam allocation timeframe and rate.
(1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market
rate residential ROGO allocations available per ROGO year. Affordable ROGO allocations
shall be available for countywide allocation except for Big Pine Key and No Name Key. The
a-miva4-al locations for Big Pine Key and No Name Key shall be limited to maximums
established in Big Pine Key/No Name Key Livable CommuniKeys Plan, Incidental Take
Permit and Habitat Conservation Plan. .
(2) Quarterly residential ROGO allocation ratio. subarea shall have its number of
market rate housing residential ROGO allocations available per ROGO quarter determined
by the following formula:
a. Market rate residential ROGO allocations available in each subarea per quarter is equal
to the market rate residential ROGO allocations available in each subarea divided by
four.
b. Affordable housing residential ROGO for all four ROGO quarters, including the
allocations available for Big Pine Key, shall be made available at the beginning of the
first quarter for a ROGO year. Beginning July 13, = the balance of all remaining
affordable housing residential ROGO allocations shall be made available for award.
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Alonroe Count, Comprehensive Plan Update
(34) Ratio of very low income, low income, and median income allocations to moderate
income allocations. The Pplanning Ceommission may amend these proportions for
affordable housing during any ROGO quarter.
(45) Big Pine Key and No Name Key.
a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
of the Incidental Ttake PPpermit (LIPlemd the Hhabitat Ceonservation P Ian HCP an d
Livable CommuniKgys Plan (LCPl the Florida Key Deer and other covered species,
which may affect ROGO allocations under this article.
b. In the Big Pine Key/No Name Key sub -area the annual maximum number of
residential permit allocations that may be awarded in Tier I shall be no more than one (1)
every 2 years. Until the ITP, HCP. Biological Opinion, and LCP are amended, a property
owner attempting to develop his property may be >?ranted an allocation through the
ROGO process that may be used once that property owner obtains all required permits
and authorizations required under the Endangered pecies Act and other applicable
federal and state laws. The allocation will remain valid so long as the applicant diligently
and in good faith continues to work with USFWS to conclude the coordination and pick
up a building permit.
(56) Limit on number of allocation awards in frier L
a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
be no more than one (1) every two (2) years.
b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
more than three (3).
c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
more than three (3).
(b) Reservation of affordable housing allocations. - Notwithstanding the provisions of sSection
138 -26 for awarding of affordable housing allocations, the BOCC
may reserve by resolution some or all of the available affordable housing allocations for award to
certain sponsoring agencies or specific housing programs consistent with all other requirements
of this chapter. Building permits for these reserved allocations shall be picked up within six
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Land Development Code: March 2016
... BMWO
.. -
(b) Reservation of affordable housing allocations. - Notwithstanding the provisions of sSection
138 -26 for awarding of affordable housing allocations, the BOCC
may reserve by resolution some or all of the available affordable housing allocations for award to
certain sponsoring agencies or specific housing programs consistent with all other requirements
of this chapter. Building permits for these reserved allocations shall be picked up within six
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Monroe County Comprehensive Plan Update
months of the effective reservation date, unless otherwise authorized by the b
BOCC in its resolution. The beafd of ee isienefsBOCC may, at its
discretion, place conditions on any reservation as it deems appropriate. These reservations may
be authorized by the BOCC for:
(1) The county housing authority, nonprofit community development organizations, pursuant
to &Section 130- 161(e), and other public entities established to provide affordable housing by
entering into a memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housing projects participating in a federal/state housing
financial assistance or tax credit program or receiving some form of direct financial
assistance from the county upon written request from the project sponsor and approved by
resolution of the BOCC
(3) Specific affordable or employee housing projects sponsored by nongovernmental not -for-
profit organizations above upon written request from the project sponsor and approved by
resolution of the BOCC
(4) Specific affordable or employee housing programs sponsored by the county pursuant to
procedures and guidelines as may be established from time to time by the bps€ -eewgy
BOCC
(5) Specific affordable or employee housing projects by any entity, organization, or person,
contingent upon transfer of ownership of the underlying land for the affordable housing
project to the county, a not - for - profit community development organization, or any other
entity approved by the BOCC upon written request from the
project sponsor and approved by resolution of the board of ee sionetaiBOCC or
(6) Rental employee housing projects situated on the same parcel of land as the
nonresidential workplace for the tenants of these projects, upon written request from the
property owner and approved by resolution of the BOCC
(c) Affordable housing allocation awards and eligibility.
(1) The definition of affordable housing shall be as specified in &Sections 101 -1 and 139 -
11-.
(2) Any portion of the affordable housing allocation not used for affordable housing at
the end of a ROGO year shall be made available for affordable housing for the next ROGO
year.
(34) No affordable housing allocation shall be awarded to applicants located within a Ttier I
designated area, within a V -zone on the county's flood insurance rating map, within a tie- i7
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Monroe CountN Comprehensh a Plan Update
de'sig*ted afea oft Big Pine Key and No Name Key, o within a trier III -A (special
protection area) designated area.
(4-S) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No
affordable housing allocation may be used on No Name Key.
(d) ReWdepogial Dwelling unit allocation required The county shall issue no building permit for
a r-esi� d welling unit unless such dwelling unit:
(1) Has a fesideatiadwelling unit allocation award; or
(2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is
deemed vested pursuant to sSection 138 -22.
Sec. 138 -25. Application-pProcedures for (Residential ROGO.
(a) Deadlines for submission of building permit applications to be entered into the residential
permit allocation system. No approved building_ permit application requiring a ROGO allocation
award, including applications submitted under privatized plan review as provided for by Chapter. -
553, F.S., shall be accepted for the entry into the ROGO system under this chapter, unless the
building permit application is submitted to the Building Department at least 30 days prior to the
end of the allocation period appropriate for the application. A submission 30 days prior does not
guarantee that it will be eligible to enter ROGO that quarter if it has not passed all required
reviews. - <moved from 110>
fhLApplication for allocation. In each quarterly allocation period, the Pblanning and
Eenvironmental Rfesources Ddepartment shall accept applications to enter the residential ROGO
system. Except for allocations to be reserved and awarded under sSection 138- 24(b), the ROGO
application must be accompanied by an approved building permit application in order to be
considered in the current allocation period. The Pplanning Ddirector, or his or her designee, shall
review the ROGO application for completeness. If the application is determined to be
incomplete, the PPplanning Ddirector, or his or her designee, shall reject the ROGO application
and 12rovide a written notice to the applicant specifying the a lication's deficiencies-RetWl
,, of sueh rejection and the reasons therefore. within WW (15) ten working days. The
Planning Director or his or her designee shall take no further action on the application unless the
de ficignc _Xe remedied. The application shall be assigned a controlling date that reflects the
time and date of its submittal unless the application is determined to be incomplete. If the
application is rejected, then the new controlling date shall be assigned when a complete
application is submitted.
(c) A . . The ROGO application shall be submitted in a form provided by
the Pplanning and Eenvironmental Rfesources dQ partment and meet the following
requirements:
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(1) The application shall include a) the name and address of the property owner(s) of record
and any authorized agmJ& to which certified notice of an allocation award will be mailed, if
awarded, b) the property record card(s) from the Monroe County Property Appraiser, c) a
written legal description of the property proposed for development, d) a boundary survey of
the property proposed for development, prepared by a surveyor registered in the State of
Florida, showing the boundaries of the site, elevations, bodies of water and wetlands on the
site and adjacent to the site, existing structures including all impervious areas, existing
easements, total acreage, and total acreage by habitat and e) a site plan. The boundary survey
and site plan may be filed with the corresponding building permit application. Additional
copies of the boundary survey and site plan are not required to be filed with the ROGO
application.
(2) If a conditional use permit is required in accordance with this Land Development Code
for the development applied for, the conditional use permit shall be obtained and effective
prior to submittal of any ROGO application. A copy of the recorded development order shall
be submitted with the ROGO application.
(3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of
one inch equals ten feet or one inch equals 20 feet. At a minimum, the site plan shall depict
the following features and information:
a. Date, north point and graphic scale;
b. Boundary lines of site, including all property lines and mean high -water lines shown in
accordance with Florida Statutes;
c. All attributes from the boundary survey;
d. Future Land Use Map (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designation(s) of site;
f. Tier designation(s) of the site;
g. Flood zones pursuant to the Flood Insurance Rate Map;
h. Setback lines as required by this Land Development Code;
i. Locations and dimensions of all existing and proposed structures, including all paved
areas and clear site triangles;
j. Size and type of buffer yards and parking lot landscaping areas, including the species
and number of plants;
k. Extent and area of wetlands, open space preservation areas and conservation
easements;
Delineation of habitat types to demonstrate buildable area on the site, including any
heritage trees identified and any potential species that may use the site (certified by an
approved biologist and based on the most current professionally - recognized mapping
by the U.S. Fish and Wildlife Service);
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Jlonroe County Comprehensive Plan Update
m. Drainage plan including existing and proposed topography, all drainage structures,
retention areas, drainage swales and existing and proposed permeable and impermeable
areas;
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water supply
system or collection lines and the closest available wastewater collection system or
collection lines (with wastewater system provider) or on -site system proposed to meet
required county and State of Florida wastewater treatment standards; and
p. A table providing the total land area of the site, the total buildable area of the site, the
type and number of all =es'h welling units, the amounts of impervious and
pervious areas, and calculations for land use intensity, open space ratio, and off - street
parking.
(bd) Fee for review of application. Each ROGO application shall be accompanied by a
nonrefundable processing fee established by resolution of the beafd —ef eounr}
BOCC Additional fees are not required for successive review of the same ROGO
application unless the application is withdrawn and resubmitted.
(eJe Compliance with other requirements. The ROGO application shall not constitute an
indication of whether or not the applicant for a residential ROGO allocation has satisfied and
complied with all county, state and federal requirements otherwise imposed by the eCounty
regarding conditions precedent to issuance of a building permit.
(4f) Non - county time periods. The eCounty shall develop necessary administrative procedures
and, if necessary, enter into agreements with other jurisdictional entities which impose
requirements as a condition precedent to development in the county, to ensure that such non-
county approvals, certifications and/or permits are not lost due to the increased time
requirements necessary for the county to process and evaluate . - fi l d welling unit
applications and issue allocation awards. The eCounty may permit evidence of compliance with
the requirements of other jurisdictional entities to be demonstrated by "coordinating letters" in
lieu of approvals or permits.
(eh) Limitation on number of applications.
(1) An individual entity or organization may submit only one L1 _ROGO application per
dwelling unit in each quarterly allocation period.
(2) There shall be no limit on the number of separate parcels for which ROGO applications
may be submitted by an individual, entity or organization.
(3) A ROGO application for a given parcel shall not be for more Y°s'efifift! d welling units
than are permitted by applicable zoning or land use regulations or the Ceomprehensive Pplan.
( €) Expiration of allocation award. Except as provided for in this article, an allocation award
shall expire when its corresponding building permit is not picked up after 60 days of notification
138 -16 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
by certified mail of the award, or, after issuance of the building permit, upon expiration of the
permit or after failure of the applicant to submit required plan revisions by the required date set
forth in subsection 0) or after the failure to conclude the required coordination with FWS under
the Permit Referral Process in Section 122- 8(d)(5)
(ti) Revisions of ROGO applications and awards.
(1) An applicant may elect to revise a ROGO application to increase the competitive points
in the application without prejudice or change in the controlling date if a revision is
submitted on a form approved by the Manning Ddirector to the Planning and
Eenvironmental Rresources Didepartment no later than 30 days following the Pplanning
Ceommission approval of the previous ROGO rankings. Any such revision shall not involve
changes to the approved building permit application. All other applications that are
withdrawn and resubmitted that do not increase the competitive points or involve revisions to
the approved building permit application shall be considered new, requiring payment of
appropriate fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building
permit, but prior to receipt of a certificate of occupancy, no revisions shall be made to any
aspect of the proposed residential development which formed the basis for the evaluation
review, determination of points and allocation rankings, unless such revision would have the
effect of increasing the points awarded,.— without the removal of any lot aggregation or land
dedication or removal of an affordable housing deed restriction or density reduction
restrictive covenant.
(#k) Clarification of application data.
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Monroe County Comprehensive Plan Update
(1) At any time during the residential ROGO allocation review and approval process, the
applicant may be requested by the planning Ddirector or the Planning Ceommission to
submit additional information to clarify the relationship of the allocation application, or any
elements thereof, to the evaluation criteria. If such a request is made, the Planning Ddirector
shall identify the specific evaluation criterion at issue and the specific information needed
and shall communicate such request to the applicant.
(2) Upon receiving a request from the Planning Ddirector for such additional information,
the applicant may provide such information, or the applicant may decline to provide such
information and allow the allocation application to be evaluated as submitted.
( }l) Revisions of building permit applications requiring the ROGO allocation(s). A building
permit application for a proposed dwelling unit requiring a ROGO allocation must be
approved prior to submitting a ROGO application. In the event that the Florida Building Code is
amended between the date that in wh a ROGO application is submitted and the date ion which
a building permit, requiring the ROGO allocation(s) applied for, is issued (which follows the
date ion which the required allocation(s) is awarded), if necessary, the applicant shall submit
plan revisions to the building permit application demonstrating full compliance with the current
Florida Building Code in effect. These plan revisions shall be submitted within 180 days of the
ROGO allocation award date or the applicant shall forfeit the ROGO allocation award.
Following receipt of the plan revisions, the Bbuilding Ddepartment shall review the revisions as
if the application is new (however retaining the same building permit number for administrative
purposes), based on the building code, for compliance prior to issuance of the building permit
requiring the ROGO allocation(s) by the Bbuilding Oefficial. Such mandatory revisions and
review are limited to the modifications necessary to demonstrate compliance with the Florida
Building Code in effect at the time of building permit issuance. This is not applicable to the Land
Development Code.
Sec. 138 -26. Evaluation pProcedures for residential dDwelling itUnit *Allocation.
(a) Adjustment of residential ROGO allocations. At the end of each quarterly allocation period,
the Planning Ddirector shall recommend addtions or subtractions to the basic allocation
available by subarea, based upon any of the following, as appropriate:
(1) The number of building permits for new residential units issued which expired.
(2) The number of dwelling unit allocation awards that expired prior to issuance of a
corresponding building permit and which were awarded in the current annual allocation
period;
(3) The number of residential ROGO allocation awards available which were not allocated
during the quarterly allocation period in the current annual allocation period;
(4) The number of residential ROGO allocation awards in previous quarters which were
borrowed from future allocations to accommodate multiple unit projects or to accommodate
allocation applications with identical scores, pursuant to sSection 138- 26(b)(2), or which
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Monroe County Comprehensive Plan Update
were granted to applicants via either the appeals process, administrative relief or a beneficial
use determination;
(5) Residential ROGO allocations vested during the preceding quarter;
(6) Any other modifications required or provided for by the Ceomprehensive Pplan or an
agreement pursuant to F.S. e i- Chapter 380;
(7) The receipt or transfer of affordable housing allocations from or to municipalities
pursuant to this article;
(8) Allocations reserved and/or awarded by the BOCC beft-a of ,.,.,..,..,
pursuant to sSection 138- 24(c).
(b) Initial evaluation of allocation applications. Upon receipt of completed allocation
applications, the ai ~ee'er of ~ Planning Director shall evaluate the allocation applications for
market rate housing pursuant to the evaluation criteria set forth in sSection 138 -28.
(1) Except for affordable housing, the diFeefeF ef pPlanning Director shall classify each
allocation application by subarea.
(2) On the evaluation cover page, for each allocation application, the air-e p Planning
Director shall indicate the subarea and the number of dwelling units for which allocation
awards are being requested. Market rate allocation applications shall be aggregated by
subarea. Affordable housing allocation applications shall be aggregated on a countywide
basis except for the Big Pine Key/No Name Key subarea
(3) Within 30 days of the conclusion of a quarterly allocation period, unless otherwise
extended by the BOCC beard, the difeete~ of ^ Planning Director shall, for market rate
allocations:
a. Complete the evaluation of all allocation applications submitted during the relevant
allocation period;
b. Total the number of dwelling units by subarea for which allocation applications have
been received; and
c. Rank the allocation applications in descending order from the highest evaluation point
total to the lowest and by controlling date, pursuant to subsection (e)
(4) Within 30 days of the conclusion of a quarterly allocation period, unless otherwise
extended by the bofffd the Planning Director shall, for affordable housing
allocations:
a. Complete review of all allocation applications to confirm eligibility of applicants
during the relevant allocation period;
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Monroe County Comprehensive Plan Update
b. Total the number of dwelling units for the unincorporated county for which affordable
housing allocation applications have been received; and
c. List the affordable housing allocation applications in descending order of controlling
date from earliest to latest date.
(5) If the number of dwelling units represented by the allocation applications for market rate
housing, by subarea, is equal to or less than the quarterly allocation, the dir-eeteref - _lanning
Director may make a recommendation to the Pplanning Ceommission that all of the
allocation applications for that subarea be granted allocation awards.
(6) If the number of dwelling units represented by the allocation applications for affordable
housing is equal to or less than the available allocation, the dime-ter- of pPlanning Director
may make a recommendation to the Pplanning Ceommission that all of the allocation
applications be granted allocation awards.
(7) If the number of dwelling units represented by the allocation applications for market rate
housing, by subarea, is greater than the quarterly allocation, the dir-eeter- e€- pPlanning
Director shall submit an evaluation report to the Pplanning Ccommission indicating the
evaluation rankings and identifying those allocation applications whose ranking puts them
within the quarterly allocation, and those allocation applications whose ranking puts them
outside of the quarterly allocation.
(8) If the number of dwelling units represented by the allocation applications for affordable
housing is greater than the total available allocation, the diFeetff of- pPlanning Director shall
submit a report to the Pplanning Ceommission indicating the applications in order of their
control dates and identifying those allocation applications for which sufficient allocations
exist and those allocation applications whose ranking by controlling date puts them outside
the available allocation.
(c) Public hearings. Upon completion of the evaluation ranking report and/or recommendation,
the Planning Director shall schedule and notice a public hearing by the Pplanning
Ceommission pursuant to otherwise applicable regulations.
(1) At or prior to the public hearing, the Pplanning Ccommission may request, and the
diFeeter- of p lanning Director shall supply, copies of the allocation applications and the
direeter- of pPlanning Director evaluation worksheets.
(2) Upon review of the market rate allocation applications and evaluation worksheets, the
Pplanning Ceommission may adjust the points awarded for meeting a particular criteria,
adjust the rankings as a result of changes in points awarded, or make such other changes as
may be appropriate and justified.
(3) The basis for any Pplanning Ceommission changes in the scoring or ranking of market
rate applications shall be specified in the form of a motion to adopt the allocation rankings
and may include the following:
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Monroe County Comprehensive Plan Update
a. An error in the designation of the applicable subarea.
b. A mistake in the calculation of dedicated or aggregated lots /land.
c. A mistake in assignment of the tier map designation in the application. Such a mistake
in reading the tier designation in applying points for the application, any change to the
tier map must go through the procedures for amendment of the tier map.
d. Any other administrative error or omission that may cause the application to be
incorrectly scored.
(4) The public, including, but not limited to, applicants for allocation awards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer modifications
to an application that could change the points awarded or the ranking of the application.
(5) At the conclusion of the public hearing, the Manning Ceommission may:
a. Move to accept the evaluation rankings for market rate housing applications and
rankings for affordable housing applications as submitted by the ai- �- oTp Planning
Director
b. Move to accept the rankings as may be modified as a result of the public hearing.
c. Move to continue the public hearing to take additional public testimony.
d. Move to close the public hearing but to defer action on the evaluation rankings pending
receipt of additional information.
e. Move to reject the rankings.
(6) The Planning Ceommission shall finalize the rankings within 60 days following initial
receipt of the dieoter. e€= I!lannin Director evaluation ranking, report and
recommendations.
(d) Notification to applicants. _Upon finalization of the evaluation rankings by the Planning
Ceommission, notice of the rankings, by subarea for market rate housing, and countywide for
affordable housing, shall be posted at the Planning and Environmental Resources 42epartment
offices and at such other places as may be designated by the Planning Ceommission.
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. After three (3) unsuccessful attempts to notify the applicant via
certified mail, return receipt requested, the allocation award shall expire. Except as provided
herein for allocations for affordable housing awarded by the BOCC board e f ,., ufft ,
pursuant to sSection 138 -24(b) and subsection () of this section, upon
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Monroe County Comprehensive Plan Update
receipt of notification of an allocation award, the applicant may request issuance of a
building permit for the applicable FeideafieWwelling unit.
(2) Applicants who fail to receive allocation awards shall be further notified by regular mail;
without further action by such applicants or the payment of any additional fee, such
applications shall remain in the residential ROGO system for reconsideration in the next
succeeding quarterly allocation period.
(e) Identical rankings for market rate housing applications. — If two or more allocation
applications in a given subarea have identical evaluation points, these applications shall be
ranked in descending order from the earliest controlling date of submission to the latest. The
planning Ceommission may approve two or more allocation applications with identical
rankings and controlling dates despite the fact that the quarterly allocation will be exceeded if:
(1) A clear statement of findings of fact are made justifying the decision; and
(2) The excess allocation is reduced from the next succeeding quarterly allocation period or
is reduced pro rata from the next three quarterly allocation periods.
AWWW1l MNYiY�I111MY11fMMYI171WI1��YYMiY�PM7NY7NYAl7 !IlWV�N
-. MIA�!!!IMAIAl1011��lf.[_NM
(gD Extension of expiration period for Affordable Housing Upon the written approval of the
planning Ddirector, the expiration period for an allocation award for affordable multi = unit
housing projects may be extended where the applicant is unable to be granted a sufficient
number of allocations required to initiate the project. As may be required time to rime, the lid
efeetin BOCC may extend the 60 -day expiration period for an allocation award
by resolution upon finding that such extension is in the public interest.
Sec. 138 -27. Administrative r-Relief.
(a) Eligibility _An applicant for an allocation award is eligible for administrative relief if
(1) The application complies with all requirements of the dwelling unit allocation system;
(2) The application has been denied an allocation award for four successive years (first 16
consecutive quarterly allocation periods) in the ROGO Permit Allocation System;
(3) The proposed development otherwise meets all applicable county, state, and federal
regulations:
(4) The ROGO allocation application has not been withdrawn:
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Monroe County Comprehensive Plan Update
(5) The applicant has complied with all the requirements of the ROGO Permit Allocation
System, and
(6) The applicant has followed the procedures for administrative relief;
Th app ider -,.7 in th fi.-st 16 e .t;: ...-t,d .,11, .,t; e d s .,
° "�„i ivu�, u�iu
(73) The applicant has not received an allocation award.
(b) Notification of eligibility.-Within 30 days of the finalization of evaluation rankings by the
Pplanning Ceommission, any applicant determined to be eligible for administrative relief
pursuant to subsection (a) of this section shall be notified of the applicant's eligibility for
administrative relief by certified mail, return receipt requested.
(c) Application An application for administrative relief shall be made on a form prescribed by
the Pplanning Ddirector and may be filed with the Pplanning and Eenvironmental Rresources
Ddepartment no earlier than the conclusion of the 16th quarterly allocation period and no later
than 180 days following the close of the 16th quarterly allocation period.
(d) Exceptions. Monroe County shall preclude the granting of administrative relief in the form of
the issuance of a building permit for lands within the Florida Forever targeted acquisition or
frier I land areas unless, after 60 days from the receipt of a complete application for
administrative relief, it has been determined the parcel cannot be purchased for conservation
purposes by any county, state or federal agency or any private entity. The county shall routinely
notify the Ddepartment of Eenvironmental Pprotection of upcoming administrative relief
requests at least six months prior to the deadline for administrative relief.
(e) Forwarding application to board of county commissioners.-Upon the filing of an application
for administrative relief, the Planning Director shall forward to the beafd all
relevant files and records relating to the subject applications. Failure to file an application shall
constitute a waiver of any rights under this section to assert that the subject property has been
taken by the county without payment of just compensation as a result of the dwelling unit
allocation system.
(f) Public hearing _Upon receipt of an application for administrative relief, the bsaf4- shall
notice and hold a public hearing at which the applicant will be given an opportunity to be heard.
The bed BOCC may review the relevant applications and applicable evaluation ranking, taking
testimony from county staff and others as may be necessary and hear testimony and review
documentary evidence submitted by the applicant.
(g) Board of county commissioners action. At the conclusion of the public hearing, the bea&d-e€
BOCC may take any or a combination of the following actions:
(1) Offer to purchase the property at its fair market value as its preferred action if the
property is located within:
138 -23 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe CountA Comprehensh Plan Update
a. A designated tTier I area or within the Florida Forever (or its successor) targeted
acquisition areas (unless, after 60 days from the receipt of a complete application for
administrative relief, it has been determined no county, state or federal agency or any
private entity is willing to offer to purchase the parcel)
b. A designated 1Tier II area (Big Pine Key and No Name Key);
c. A designated t:Tier III -A area (special protection area); or
d. A designated Tier III area on a nonwaterfront lot or parcel sti4able for affordable
housing.
(2) Grant the applicant an allocation award for all or a number of dwelling units requested in
the next succeeding quarterly allocation period or extended pro rata over several succeeding
quarterly allocation periods as the preferred action for buildable properties not meeting any
of the criteria in subsection (g€)(1) of this section.
(3) Suggest or provide such other relief as may be necessary and appropriate.
(h) Limits on administrative allocations per quarter. The number of allocations that may be
awarded under administrative relief in any one quarter shall be no more than 50 percent of the
total available market rate allocations available excluding banked administrative relief
allocations and those allocations received from Key West, in a quarter for that subarea. Any
allocations excluding banked administrative relief allocations and those allocations received
from Key West, in excess of 50 percent shall be extended into the succeeding quarter or quarters
until the number of such allocations is 50 percent or less of the total number of market rate
allocations available to be awarded.
Sec. 138-28. Evaluation eCriteria R( OGO)
(a) 1Wdent e The point values established on the following pages are to be
applied cumulatively:
For all applications entering the Residential Permit Allocation system after the
following_ points and criteria shall apply:
(1) Tier designation. Utilizing the Tier System for land classification, the following_ points shall
be assigned to allocation applications for proposed dwelling units in a manner that encourages
development of infill in predominately developed areas with existing infrastructure and few
sensitive environmental features and discourages development in areas with environmentally
sensitive upland habitat which are targeted for acquisition and the retirement of development
rights for resource conservation and protection.
138 -24 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Reiw
Assigafnew
Criteria
9
Proposes a dwelling; unit within areas designated Tier I
Big Pine Key or- Ne Name Key.
8
Proposes development xvithin areas designated Tier III -A
[Special Protection Area].
+30
;;b.. it
Z - c7T'[s17(sx'rccC[S Val" w[ Srcrl' pi' vPvses c [cvb - xcPrcx ° vircwicriixx u u csrQ »t.... .....
*20
An development designated fieF W
appheatien whieh pr-epeses within an area
A pli w hi e k p s th e - i ,n of ai+ . upland n e Ai ye h a bit a t
, n..ti IR - Abitat within .,
r 1.,. -
i s f
-Qtl
veg ewien th aA e a o aer-e f pland-
(inFill .. ea ) eu t s ide of Big Pine K e-r- N R a fare K
Point Assignment:
Criteria (Outside Rif. Pine Key and No N (nne Key):
+10
Proposes a dwelling; unit within areas designated Tier I
Natural Area
+20
Proposes development xvithin areas designated Tier III -A
[Special Protection Area].
+30
Proposes development within areas designated Tier III [Infill
Areal.
Point Assignment
Criteria (Within B& Pine Key and No Name Key):
+0
Proposes a dwelling unit within areas designated Tier I
Watural Areal on Big Pine Key and No Name Key
+10
Proposes development within areas designated Tier II
jTransition and Sprawl Reduction Area on Big Pine Key or No
Name Keyl.
138 -25 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe CountN Comprehensive Plan Update
+20
Proposes development within areas designated Tier III [Infill
Areal on Big Pine Key or No Name Key.
(2) Bir Pine and No Name Keys - The following negative points shall be cumulatively assigned
to allocation applications for proposed dwellings to implement the Big Pine Key and No Name
Key Habitat Conservation Plan (HCP) and the Livable CommuniKevs Community Master Plan.
Poin EFiter-ia
Assigfffneat
4-8
� Y
Point Assignment:
Criteria (Within Bi, Pine Key
and No Name Key):
-10
Proposes development on No Name Key.
-10
Proposes development in designated
Lower Keys marsh rabbit
habitat or buffer areas as designated
in the HCP.
-10
Proposes development in Key
Deer Corridor as designated in
the HCP.
(3) Wetlands. The following points shall be assigned to allocation applications on trier III
parcels4hat which have sufficient upland to be buildable (min of 2,000 sq. ft. of uplands), but also
contain wetlands which require 100 percent open space pursuant to the Monroe County
Comprehensive Plan and that are located adjacent or contiguous to trier I properties.
Point Assignment
-3 15 0% Tier III parcels adjacent or contiguous to trier I properties and containing
or less of the following:
1. Submerged lands.
2. Mangroves (excluding tidally inundated mangrove shoreline fringes).
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Land Development Code: March 2016
Jlonroe County Comprehensive Plan Update
3. Salt ponds.
4. Fresh water wetlands.
5. Fresh water ponds.
6. Undisturbed salt marsh and buttonwood wetlands.
-5
Tier III parcels adjacent or contiguous to tTier I properties and containing
more than 50% of the following:
1. Submerged lands.
2. Mangroves (excluding tidally inundated mangrove shoreline fringes).
3. Salt ponds.
4. Fresh water wetlands.
5. Fresh water ponds.
1 6. Undisturbed salt marsh and buttonwood wetlands.
Notes:
Adjacent means land sharing a boundary with another parcel of land. An intervening road, right -
of -way, or easement shall not destroy t adjace o t t p arcels, except for U.S. 1.
Contiguous means a sharing of a common border at more than a single point of intersection.
Contiguity is not interrupted by utility easements.
Subsection (3) applies to new applications for Tier III parcels entering the permit allocation
s ystem after January 13, 2013.
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Monroe County Comprehensive Plan Update
. .
..
IN
138 -28 Keith and Schnars, P.A.
Land Development Code: March 2016
aggregation of legally platted buildable 1ots- er2ftfgel2.
Monroe County Comprehensive Plan Update
Point Assignment:
+3 per lot /parcel
aggregated
Criteria: Outside Biz Pine Key and No Name Key): 1, Z, 3, a,
Each additional contiguous vacant legally latted lot
feet of ; which is
aggregated in a designated Tier I area outside of Big Pine Key
and No Name Key that meets the aforementioned requirements
will earn additional points as specified.
Each additional contiguous vacant parcel kith a minimum of
2,000 square feet of uplands which is aggregated in a designated
Tier I area outside of Big Pine rev and No Name Key that .
meets the afore' ' °" en ' ' additional
+4 per lot/parcel
aggregated
+6 per lot/parcel
aggregated
Each additional contiguous vacant, legally platted lot
which is
aggregated in a designated Tier 11I -A (SPA) area outside of Big
Pine Key and No Name Key that meets the aforementioned
requirements will earn additional points as specified.
_ dditional contiguous v with anw_n_ of
2,000 square feet of uplands which is aggregated in a Wignated
Tier III -A (SPA) area outside of Big Pine Key aad No Name
Key that meets the aforementioned requireme _:Wm
additional 2gi= as Specifid
Each additional conti ous vacant legally latted lot g `
2,000 f, f .,sands is
t of sauare o which
aggregated in a designated Tier III area outside of Big Pine Key
and No Name Key that meets the aforementioned requirements
will earn additional points as specified.
ch additional contiguous vacant parcel with a minlAin of
2,000 square feet of uplands which is aggregated in a designated
Tier III area outside of Big P, Key and No Name Key that
meets the aforementioned relLrementL, will earn additional
points as specified.
1 Applies to new applications enterinz the Permit allocations stem after July 13 16.
2 AU parcels (includes lots) ggregated shall require a restrictive covenant and shall be
placed under a unity of title with the primajy parcel Clearing of upland native vegetation
shall be limited to a maximum of 7,500 square feet or as specified in Section 118 -9) for
the primM and aggregated parcels combined and the remainder of the 2arcels shall be
138 -29 Keith and Schnars, P.A.
Land Development Code: March 2016
.Nlonroe CountN Comprehensive Plan Lndate
placed under a conservation easement disallowing any clearing of native habitat.
3 The County shall not allow the reversal of any lot aggregation used to assign extra
points to a ROGO application, whether executed by unity of title and/or restrictive
covenant, and reizardless of the status of the ROGO allocation award or associated
building_ permit. In the event the dwelling unit was not constructed and the ROGO
allocation award has expired, a subsequent ROGO allocation application on the same
aggregated parcels will be assigned the same number of extra points originally assigned
for the lot aggregation.
a A legally bindiniz, restrictive covenant running in favor of the countv and enforceable
by the Counly. subject to the approval of the
and County Attomey and recorded in the office of the clerk of the count
prior to the issuance of any building permit pursuant to an allocation award. Other
documents related to the approval of the aggregation include, but are not limited to, unity
of title, conservation easement, affidavit of no encumbrance(s), entity affidavit,
ioinder s subject to the approval of the Planning Director
and County Attorney and recorded in the office of the clerk of the county
prior to the issuance of any building permit pursuant to an allocation award.
Elie . is a parcel must contain a minimum of 2,W square
feet of uplands. Platted lots shall not be subdivided or otherwise reconfigured in any
manner that would allow the number of proposed lots to exceed the number of lots that
lawfully existed as of September 15, 1986 and that were approved on the Plat.
6 When proposing the aggregation of parcels with differing tier designations, points shall
be assigned based upon the parcel proposed to be aggregated with the primary parcel and
the location of the residential dwelling unit.
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Land Development Code: March 2016
Alonroe County Comprehensive Plan Update
Point Assignment:
+3 per lot/parcel
aggregated
Criteria (6I'ithin Big Pine Key and No Name Keh): '. 2.3. s, 6
Each additional conti ous \ acant. legally platted lot
which is
am >gre7ated in a designated Tier II or III area on Big Pine Key
and No Name Key that meets the aforementioned requirements
will earn additional points as specified.
Each additional contiguous vacant parcel with a minimum of
2,000 square feet of uplands which is aggregated in a
designated Tier II or III area on Big Pine Key and No Name
K ey that meets the aforementioned re uiremen W'll earn
is cified
+4 per lot/parcel
aggre ag ted
Each additional contiguous vacant, legally platted lot
which is
aggregated in a designated Tier I area on Big Pine Key and No
Name Key that meets the aforementioned requirements will
earn additional points as specified.
Eacl'ditional contiguous vacant parcel with a minimum of
2,000 square feet of uplands which is aggregated in g
designated Tier I area on Big Pine Key and No Name Key thai
meets the afore " tioned require """I eaOmWitigA
is ass ecifi
' Applies to new applications
enterin2 the permit allocations stem after July 13
2 Any (includes lots) ggregated shall require a restrictive covenant and shall be
_parcels
placed under a unity of title with the primary parcel. Clearing of upland native
vegetation shall be limited to a maximum of 7,500 square feet (or as specified in Section
118 -9) for the primary and aggregated parcels combined, and the remainder of the
parcels shall be placed under a conservation easement disallowing any clearing of native
habitat.
3 The County shall not allow the reversal of any lot aggregation used to assign extra
points to a ROGO application, whether executed by unity of title and/or restrictive
covenant, and regardless of the status of the ROGO allocation award or associated
building_ permit. In the event the dwelling unit was not constructed and the ROGO
allocation award has expired, a subsequent ROGO allocation application on the same
aggregated parcels will be assigned the same number of extra points originally assigned
for the lot aggregation.
a A legally binding, restrictive covenant running in favor of the county and enforceable
by the County, subject to the approval of the I 1111and County Attorney
and recorded in the office of the clerk of the coon rior to the issuance of an building
138 -31 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
permit pursuant to an allocation award. Other documents related to the approval of the
aggregation include but not limited to unity of title, conservation easement, affidavit of
no encumbrance(s), entity affidavit, joinder(s) subject to the approval of the
and County Attorney and recorded in the office of the clerk of the county Prior
to the issuance of any building_ permit pursuant to an allocation award.
` For aggregation points a parcel mush contain a minimum of 2,000 square feet of
uplands. Platted lots shall not be subdivided or otherwise reconfigured in any manner
that would allow the number of proposed lots to exceed the number of lots that lawfully
existed as of September 15, 1986 and that were approved on the Plat.
6 When proposing the he aggregation of parcels with differing tier designations, points shall
be assigned based upon the parcel proposed to be aggregated with the primary parcel
and the location of the residential dwelling unit.
(5) Land dedication. The following points shall be assigned to allocation applications to
encourage, the voluntary dedication of vacant, buildable land within Ttier I designated areas,
trier II (Big Pine Key and No Name Key), tTier III -A Special Protection Areas (SPA), and
parcels which contain undisturbed wetlands for the purposes of conservation, resource
protection, restoration or density reduction and, if located in trier III outside of Special
Protection Areas (SPA), for the purpose of retirement of development rights or p roviding land
for affordable housing where appropriate. Applicants can utilize lands de*ateddedicated pursuant
to Policy 101.5.26, however, submerged lands (inundated by water) shall not be eligible for land
dedication.
1? 4w r "cam
�5 ige�ne�nt
I
suffieient m l o t size - and - upland area to be buildabl E..eh additional
ea petafsasspeeified.
#i
138 - Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
1 ~9.
An e nl;eat :en ...1..:eh i e1..den the ded:eat:en to Me fle r-et.nt<, o f at leant
suffiieient upland c" be b L, dd;t:enal F + tied
. ]✓'$eia u� vi 'r'uczcrr�uiipnr ccca
i speeified—
On Big Pine Key and Ne Name Key,
f tmp btiildable
land leeated ..:F 1.;..... designated tier 1 a 1~aeh add :t :anal a aeFe eF
vaeant unp
! the points as speeified.
..L..eh a nta:ns , nd :st f bed ..etlendn >raeh add:t:enal . nt legnll....lnt
let 41....4 «..eats the of en.ent:ene r earn . ,.11 a pe ints a spe eified .
-• f f
desig%ated as tier- f
upland area te be buildable. Eaeb addifiefial vaeant, legally plemed lot that
.ts the aF nt;e e d r rats will eam. i rata .F:ed
f f
SPA) e Fs..FF'e:ent m let si a nd eenta:n:ng snFfie:ent u pland a a to
b e b >rael, add:t:enal vaea legall platted let that .«eats the
1 • e a n The shall eldn• net be l:.n ;ted to the F lle...;ng•
eat ,. e f Li
La\ An affidavit eFe.....ernlf:n eFall aff rated lets l land;
and
f n ees � a e e r an
;
rae,d shall be a ed b the ,.. % 4h m rat d;reeter and e rat.
be eligible feF nieeting 4he mitigatie B of the Big Pine Key and
be leeated w ithin tier 1 er tier 11 lands i R;,. Dine Ye., er Ate Na Ye �
138 -33 Keith and Schnars, P.A.
Land Development Code: March 2016
lonroe County Comprehensive Plan update
Point Assif,gnnient:
Criteria: (Outside Bir Pine and No Name Key):
+4 for each platted
Proposes dedication to Monroe County of one (1) vacant, legate
lot
platted lot, designated as Tier III for affordable housing, containing a
minimum of 2,000 square feet of uplands. Each additional vacant,
legally platted lot that meets the aforementioned requirements will earn
points as specified.
+5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot with a minimum of 2,000 square feet of uplands, designated
as Tier III for the retirement of development rights. Each additional
vacant, legally platted lot that meets the aforementioned requirements
will earn points as specified.
-4-5 for each parcel
Proposes dedication to Monroe County of one (1 ) vacant parcel with a
minimum of 2,000 square feet of uplands, designated as Tier III for the
retirement of development rights. Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified.
+0.5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot within a Tier I area, designated as Residential Conservation
containing a minimum of 2,000 square feet of uplands. Each additional
vacant, legally platted lot that meets the aforementioned requirements
will eam points as specified.
+1 for each platted
Proposes dedication to Monroe County of a vacant, legally_ platted lot
lot
+2 cel
within a Tier I area, designated as Residential Low containing a
minimum of 2,000 square feet of uplands. Each additional vacant,
legally platted lot that meets the aforementioned requirements will earn
points as specified.
Prc1 P- Mon tee ` o &oe Counly less than one 1 acre
vacant, unplatted land located within a Tier I area containing a
minimum of 2,000 square feet of uplands. Each additional parcel with
vacant unplatted land that meets i 'oned re uirements will
earn 12oints ass ecifi
+4 for each acre
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area containing a
minimum of 2,000 square feet of uplands:. Each additional one (1)
acre of vacant, unplatted land that meets the aforementioned
requirements will earn points as specified.
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot which contains undisturbed wetlands. Each additional
vacant, legally platted lot that meets the aforementioned requirements
will earn points as specified.
138 -34 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
+2.5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot, designated as Tier I, containing a minimum of 2,000 square
feet of uplands and not designated as Residential Conservation or
Residential Low. Each additional vacant, legally platted lot that meets
the aforementioned requirements will earn points as specified.
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
r'o Wei
platted lot, designated as Tier I11 -A (Special Protection Area -SPA)
containing a minimum of 2,000 square feet of uplands. Each
additional vacant, legally platted lot that meets the aforementioned
requirements will earn points as specified.
' to oilroe ' oun s , n one ac
vacant unplatted land located within a Tier III -A area containi
minimum of 2,000 square feet of uplands. Each additional parcel w
vacant, unplatted land that meets the aforementioned requirements will
earn points as specified.
+3 for each parcel
Proposes dedication to Monroe County of at least one (1 ) acre of
vacant, unplatted land located within a Tier III -A area containing a
minimum of 2,000 square feet of uplands. Each additional parcel with
vacant, unplatted land that meets the aforementioned requirements will
earn points as specified.
Additional Requirements
A statutory warranty deed that conveys the dedicated property to the
countv shall be a roved bv the Plannin2 Direc
EllpmrA and County Attorney and
recorded in the office of the clerk of the cootYprior to the issuance of
any building_ permit pursuant to an allocation award. Other documents
related to the approval of the land dedication may include but not
limited to affidavit of no encumbrances entily affidavit sub'ect to
the approval of the Pla Wj2irector
IL44wth A4 aemetil and County Attorney and recorded in the office
of the clerk of the county prior to the issuance of any building permit
ursuant to an allocation award.
Point Assicnnrent:
Criteria (Within Bic Pine Key and No Name Key) :'�
+? for each platted lot
Proposes dedication to Monroe County of one 1 vacant legall
platted lot, designated as Tier I n Big Pine Key or No
Name Key, containing a minimum of 2,000 square feet of uplands.
Each additional vacant, legally_ platted lot that meets the
aforementioned requirements will earn points as specified.
138 - Keith and Schnars, P.A.
Land Development Code: March 2016
'Monroe County Comprehensh a Plan Update
+41 for each acre
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area on Big Pine Key or
No Name Key, containing a minimum of 2,000 square feet of uplands.
Each additional one (1) acre of vacant, unplatted land that meets the
aforementioned re uirements will earn points ass 12ecIfied.
Moses dedic I ' MW o- Coun _ ess than one 1 acr _
vacant, unplatted land located within Tier I area on Big Pine Key otr
- a-
No Name Key, containing a minimum of 2,000 square feet of uplands;
Each additional parcel with vacant, unplatted land that meets the
aforementioned requirements will earn points as specified.
+2 for each platted lot
Proposes dedication to Monroe County of one 1 vacant le
platted lot, designated as Tier II on Big Pine Key or No Name K ev:
containing a minimum of 2,000 square feet of uplands. Each!
additional vacant, legally platted lot that meets the aforementioned
requirements will earn points as specified.
+3 for each acre
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier 11 area on Big Pine Key oc
No Name Key, containing a minimum of 2,000 square feet of uplands.
Each additional one (1) acre of vacant, unplatted land that meets the
aforementioned requirements will earn points as specified.
+2 for each parcel
Proposes dedication to Monroe Coun1y less than one I acre o
vacant, unplatted land located within a Tier I1 area on Big Pine Key or
No Name Key, containing a minimum of 2,000 square feet of uplands;
Each additional parcel with vacant un latted land t
aforem , oned requireWpts will UM points as s ecifie
-5 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot, designated as Tier III on Big Pine Key or No Name Key,
containing a minimum of 2,000 square feet of uplands. Each
additional vacant, legally platted lot that meets the aforementioned
requirements will earn points as specified.
+43 for each parcel
Proposes dedication to Monroe County of one (1 ) vacant parcel,
designated as Tier III on Big Pine Key or No Name Key. containing a
minimum of 2,000 square feet of uplands. Each additional vacant
parcel that meets the aforementioned requirements will earn points as
specified.
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot on Big Pine Key or No Name Key which contains
undisturbed wetlands. Each additional vacant, legally platted lot that
meets the aforementioned requirements will earn points as specified.
138 -36 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(6) Market rate housing in employee or affordable housing develogment
prejee The following
points shall be assigned to allocation applications for market rate housing units in an employee
or affordable housing development:
Nifft C-Fitefia
+6
Point Assignment:
and Counly Attomey an
recorded in the office of the clerk of the county prior to the issuance of
any building permit pursuant to an allocation award. Other documents
related to the approval of the land dedication may include but not
limited to affidavit of no encumbrance(s), entity affidavit, subject to
the aimroval of the Wining Director Assistatit
and County Attorney and recorded in the office
of the clerk of the county prior to the issuance of any building_ permit
ursuant to an allocation award.
(6) Market rate housing in employee or affordable housing develogment
prejee The following
points shall be assigned to allocation applications for market rate housing units in an employee
or affordable housing development:
Nifft C-Fitefia
+6
Point Assignment:
Criteria:
—6
Proposes a market rate housing unit which is part of an affordable
or employee housing proiect, both affordable and employee
housing shall meet all the requirements set forth in Sec. 130 -161.
(7) Special flood hazard areas. The following_ points shall be assigned to allocation applications
for proposed dwelling unit(s) to provide a disincentive for locating within certain coastal high
flood hazard areas:
138 -37 Keith and Schnars, P.A.
Land Development Code: March 2016
'Monroe County Comprehensh c Plan Update
-4 � l i " the FEN4 n
rii- isj�p E�t t3-' d �fA�9S� C�2° bzel{�3 2 H �' V�t � i�i - E1� - 2
Point Assignment:
Criteria:
-6
Proposes structures requiring an allocation within "V"
zones on the FEMA flood insurance rate maps.
-4
An application for which development is proposed within a
CBRS unit.
(8) Central wastewater fma e*$Lsystem availability. The following points shall be assigned
allocation applications to direct development to areas with sewer:
-P
Assigma
Point AssiMnntent:
Criteria:
+4*
Proposes development required to be connected to a central
wastewater treatment system that meets the AWT treatment
standards established by Florida Legislature and Policy
901.1.1.
*These points shall not apply to parcels within a CBRS system unit.
(9) P ayment to the Land Acquisition Fund . Up to two (2) whole points shall
be awarded for a monetary mvment by the applicant to the Countv's land acauisition fund for
the purchase of lands for conservation, and retirement of development rights. The monetary
value of each point shall be set annually by the County based upon the estimated average
market value of vacant, privately- owned, buildable IS/URM zoned, platted lots.
Additional Requirements:
1. The monetary value of each point shall be established annually by resolution of the
BOCC.
138 -38 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
2. The monetary value of each point shall be based upon the average fair market value of
privately- owned, buildable, vacant, IS/URM, platted lots divided by four.
3. Payment to the County's land acquisition fund shall be prior to the issuance of any
building vermit pursuant to the allocation award.
(10) Energy and Water Conservation. The following points shall be assigned to allocation
applications on lands designated as Tier III to encourage the planting of native vegetation and
promote water conservation and increased energy efficiency
Point Assignment:
Criteria:
Proposes a dwelling unit designed according to and
certified to the standards of a sustainable building rating or
national model green building g ode.
+1
+1
wellin unit 'Includes installation of a permanent
concrete cistern with a minimum capacity of 1,000 alg lons.
cludes the installation of a gray water
reuse system, meeting the requirements of the Florida
Building Code.
ilEncludes installation of a solar 12hotovoltaic
collection system, a minimum of 3KW in size or the
equivalent in other renewable energy systems.*
+0.5
- UN - velling unit lIncludes installation of one or both of the
following technolo ig es:*
a. Ductless air conditioning system.
b. High efficiency chillers.
* The systems must be maintained for a minimum of five years from C.O. unless replaced
with a system that provides a functional equivalent or increased energy or water savings.
(1 1 ) PweseiwraipeePerseverance Points. f r el year thM 4e
Point Assi mnent: Criteria:
138 -39 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
+l for four years
+0.5 after four years
For parcels designated Tier I, 11 or III -A. one (1) point
shall be awarded for each year that the allocation
application remains in the allocation system up to four (4)
years.
After four (4) years, the application shall be awarded 0.5
points for each year the application remains in the sys
+2 for four years
+1 after four years
For parcels designated Tier 111, two (2) points shall be
awarded for each year that the allocation application
remains in the allocation system up to four (4) years.
After four (4) years, the application shall be awarded one
(1) point for each year the application remains in the
s sy tem.
Applications entering the ROGO system after July 13, 2016, shall receive perseverance points
as listed above.
Applications in the ROGO system on the effective date of the ordinance which were receiving
perseverance points beyond the first four years in the system at an annual rate of +2 points for
each year that the application remains in the ROGO system, shall be eligible to continue to
earn points at an annual rate of +2 points for each year that the application remains in the
ROGO system.
All other applications competing in the ROGO system that have not received an allocation
award in quarter 4, ROGO year 24, ending July 12, 2016, shall receive perseverance points as
ted above.
pei� Gfiferia
Assignment 1
44 shall be awar-ded en the anniver-sar-y eemr-elling date fer- eaeh year- that
e8HSeR"_4$iE_0H A-Rd- Retif-effielit Of development rights. Points feF pft�'ffief*f te this ftind shall be
assigned as fbllews�
- ems.
•• •
138 -40 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe Count Comprehensive Plan Update
(12) . The County shall not allow the reversal of any 'acreage tract
density reduction,' previously approved restrictive covenant by the County and recorded in the
official records of Monroe County, Florida, and used to assign extra points to a ROGO
application regardless of the status of the ROGO allocation award or associated building permit.
In the event the dwelling unit was not constructed and the ROGO allocation award has expired, a
subsequent ROGO allocation application on the same parcel(s) will be assigned the same number
of extra points originally assigned for the `density reduction.'
P MOM"
138 -41 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensh a Plan Update
4413) All applicants in the ROGO system upon the effective date of the ordinance from which
this article is derived shall be notified by regular mail within 30 days from the effective date of
the ordinance from which this article is derived by the county Manning and Eenvironmental
Rresources Ddepartment of the new ROGO scoring system. In this notification, applicants shall
be informed that they have 30 days from the date of the notification, if they so choose, to submit
a revision to their ROGO application to receive positive points through aggregation, land
dedication, or payment of fees to the land acquisition fund. Within this one -time, 30 -day time
period, applicants shall be able to revise their applications without payment of fees or a change
in their controlling date upon condition that their approved building permit application is not
revised.
Secs. 138 -29 Appeals. <moved from Sec. 138 -1>
(a) An appeal from the decision of the Planning Commission on a ROGO allocation shall be
made to the BOCC. The notice of such appeal shall be in a form prescribed by the Planning
Director and must be filed with the Planning Director within 20 working days of the Planning
Commission's decision. Upon the filing of an anneal, the Planning Commission's secretary will
forward to the board all relevant files and records relating to the matter. Failure to file an appeal
with the BOCC shall constitute a waiver of any rights under this chapter to further dispute the
decision of the Planning Commission.
(b) The filing of an anneal shall not stay either the action of the Planning Commission or the
action of the director of planning_
(c) If, as a result of a successful appeal, additional allocation awards are to be made, the BOCC
shall instruct the Planning Director as to how many dwelling unit applications shall receive
allocation awards, when such allocation awards are to be made and what effect such additional
allocation awards will have on the current annual or quarterly dwelling unit allocation. To ensure
that the dwelling unit allocations set forth in Section 138 -24 are not exceeded, the Planning
Director shall inform the Planning_ Commission of the results of the appeal and the disposition of
any additional allocation awards.
Secs. 138 -30 138 -46. Reserved.
138 -42 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
ARTICLE III. NONRESIDENTIAL RATE OF GROWTH LIMITATIONS ( NROGO)
Sec. 138 -47. Nonresidential r-Rate of gGGrowth o0rdinance ( NROGO).
(a) Definitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Allocation date means the specific date and time by which applications for the NROGO
allocation will be accepted and processed.
Annual allocation period means the 12 -month period beginning on July 14, 2001, and
subsequent one -year periods that is used to determine the amount of nonresidential floor area to
be allocated based on the number of ROGO allocations to be issued in the upcoming ROGO
year.
Annual nonresidential ROGO allocation, also referred to as an annual NROGO allocation,
means the maximum floor area that may be allocated during an annual allocation period.
Buildable lot or parcel, for the purposes of this article, means a lot or parcel which must contain
a minimum of 2,000 square feet of uplands, including any disturbed wetlands that can be filled.
Canopy, also referred to as a sunshade, in reference to a structure, means an unenclosed, covered
area. A canopy may be a free - standing structure or may project from the wall of a building.
Community master plan means a plan adopted by the board of county commissioners as part of
the Monroe County Livable CommuniKeys Program.
Controlling date means the same as defined in &Section 138- 19(a), except it shall apply to
NROGO applications under this article.
Historic resources means a building, structure, site, or object listed or eligible for listing
individually or as a contributing resource in a district in the National Register of Historic Places,
the state inventory of historic resources or the county register of designated historic properties.
Lawfully established ROGO/NROGO exemption means a r-esidential dwelling unit or
nonresidential floor area that has received a permit or other official approval from the division of
growth management for the units unit and/or nonresidential floor area.
Nonresidential floor area means the sum of the total floor area for a nonresidential building or
structure, as defined in &Section 101 -1. Additionally, covered and unenclosed boat racks with
three or fewer sides not associated with retail sales of boats are not considered nonresidential
floor area. Further, the term "nonresidential floor area" does not include space occupied by
138 -43 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
residential uses, including spaces occupied by a transient residential unit and an institutional -
residential use as defined insSection 101 -1.
Nonresidential ROGO allocation, also referred to as NROGO allocation, means the maximum
amount of nonresidential floor area which may be allocated in a given time period.
Nonresidential ROGO allocation award, also referred to as NROGO allocation award, means the
approval of a nonresidential ROGO application prior to the application and subsequent issuance
of a building permit to authorize construction of new nonresidential floor area.
Nonresidential ROGO bank, also referred to as NROGO bank, means the cumulative total of a)
NROGO allocations that were not awarded and thereby not allocated due to a lack of demand, b)
nonresidential floor area not made available for the annual NROGO allocation by the
BOCC ; and c) allocated nonresidential floor area reclaimed due
to the abandonment or expiration of approved development that received an NROGO allocation
award.
Nonresidential ROGO bank account, also referred to as NROGO account, means one of the
two€etw accounts that cumulatively establish the NROGO bank. There are two€e* accounts
within the NROGO bank, with each carrying an independent balance of nonresidential floor area:
1) th t T.. peF Ke ys ROGG ...,b ., nt -, * the Big Pine/No Name ROGO subarea account;
the Lewer- Keys ROGO subafea aeeetmf and and 2 the Upper and Lower Keys general (joint)
account.
Quarterly nonresidential ROGO allocation period means any one of the four periods within an
annual allocation period.
Quarterly nonresidential ROGO allocation means the maximum number of amount of
nonresidential floor area square footage which may be allocated in a quarterly allocation period.
Site means the parcels of land required to be aggregated to be developed or from which existing
nonresidential floor area is to be transferred or received.
(b) Purpose and intent. purposes and intent of the nonresidential rate of growth ordinance
( NROGO) are:
(1) To facilitate implementation of goals, objectives and policies set forth in the
comprehensive plan relating to maintaining a balance between residential and nonresidential
erowth.
138 -44 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(2) To maintain a ratio of approximately 239 square feet of nonresidential floor area for each
new residential permit issued through the residential rate of growth ordinance (ROGO) by
ROGO subarea.
(3) To promote the upgrading and expansion of existing small -size businesses and to retain
the predominately small scale character of nonresidential development in the Florida Keys.
(4) To regulate the rate and location of nonresidential development in order to eliminate
potential land use conflicts.
(5) To allocate the nonresidential floor area annually hereunder, based on the goals,
objectives and policies of the comprehensive plan and the community master plans.
Sec. 138 -48. General provisions.
(a) Nonresidential ROGO allocation award required. No building permit shall be issued after
September 19, 2001 that results in additional nonresidential floor area on a site unless that
nonresidential development has received an NROGO allocation award or is determined to be
exempt as provided in sSection 138 -50.
(b) Applicable geographic area. The NROGO allocation system shall apply within the
unincorporated area of the county, excluding areas within the county mainland and within Ocean
Reef planned development.
Sec. 13849. Type of development affected; special requirements.
(a) The NROGO shall apply to the development of all new and expanded nonresidential floor
area, except as exempted by sSection 138 -50, for which a building permit or other final
development approval is required.
(b) Unincorporated areas other than Big Pine Key and No Name Key. Notwithstanding the
provisions of development, as defined in sSection 101 -1, the following new uses shall only be
eligible for an NROGO allocation under this article on sites located within a designated area
approved for such use, identified within a community master plan and/or an overlay district
established within eChapter 130:
(1) Commercial retail very high - intensity uses that generate more than 150 vehicle trips per
1,000 square feet of floor area.
(c) Big Pine Key and No Name Key. Notwithstanding the provisions of development, as defined
in sSection 101 -1, in accordance with the community master plan for Big Pine Key and No
Name Key, the following new uses or changes in use are prohibited on Big Pine Key and No
Name Key:
138 -45 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe Countv Comprehensive Plan Update
(1) Commercial retail high - intensity uses that generate more than 150 vehicle trips per 1,000
square feet of floor area.
(d) Nonpublic institutional uses on Big Pine Key and No Name Key are subject to the provisions
of NROGO pursuant to the following special conditions and standards:
(1) A nonpublic institutional floor area and use existing on the effective date of the issuance
of the incidental take permit for the Florida Key Deer and other covered species may be
expanded by 2,500 square feet of floor area per NROGO year, provided that the land was
owned by the institutional organization at the time of the issuance of the incidental take
permit. These allocations are to be made on a "first come, first served" basis.
(2) New nonpublic institutional uses on Big Pine Key and No Name Key are subject to the
provisions of NROGO.
(e) All new or expanded nonresidential development on Big Pine Key and No Name Key is
subject to the provisions of the incidental take permit and the habitat conservation plan for the
Florida Key Deer and other covered species, which may affect NROGO allocations under this
article. All new and expanded nonresidential development shall be limited to scarified or
disturbed lands, and clearing of any pinelands and/or hammock is prohibited.
Sec. 138-50. Type of development not subject to the NROGO permit allocation system.
The NROGO shall not apply to the development described below:
(a-�) Development with no net increase in nonresidential floor area. redevelopment,
rehabilitation or replacement of any lawfully established nonresidential floor area which does not
increase the amount of nonresidential floor area greater than that which existed on the site prior
to the redevelopment, rehabilitation or replacement.
The Pplanning Ddirector shall review available documents to determine if a body of evidence
exists to support the lawful existence of nonresidential floor area on or about September 19,
2001, the effective date of the original NROGO. Such evidence shall be documented and
submitted to the Pplanning Ddirector on a form provided by the Pplanning and Environmental
Resources D department. Any issued Monroe County building_nermit(s) confirming the existence
of the structure(s) and its use(s) on or about September 19. 2001 can stand as the only piece of
evidence for an NROGO exemption.
If there are no building_permit(s) which confirm the lawful existence of the structure(s) and its
use(s) on or about September 19, 2001,t -The application shall include, at a minimum, at least two
of the following documents:
1a. Any other issued Monroe County building permit(s) supporting the existence of the
structure(s) and its use(s) on or about September 19, 2001;
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2b. Documentation from the Monroe County Property Appraiser's Office indicating
residential use on or about September 19, 2001;
f,Le. Aerial photographs (to confirm the number of structures, not the type of structure) and
original dated photographs showing the structure(s) existed on or about September 19, 2001;
,Wd. Nonresidential County Directory entries on or about September 19, 2001;
SQe. Rental, occupancy or lease records, on or about September 19, 2001, indicating the
number, type and term of the rental or occupancy;
LILW. State and/or county licenses, on or about September 19, 2001, indicating the
nonresidential use;
7g. Documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about September 19, 2001;
and
8h. Similar supporting documentation not listed above as determined suitable by the
pPlanning dpirector.
Nonresidential floor area established after the effective date of the original NROGO should be
documented through the NROGO permit allocation system. Such nonresidential floor area that
received such an NROGO allocation(s) that was constructed may be lawfully established through
verification of the certificate of completeness /occupancy alone. Provision of affidavits to support
the existence of nonresidential floor area is allowed, but affidavits cannot be the sole record upon
which a decision is based. Other than files in which the growth management division is
custodian, provision of documents is the responsibility of the applicant. Nonresidential floor area
determined to be exempt from the NROGO per this subsection that has not been previously
acknowledged by the pPlanning dDirector may also be a nonconformity, pursuant to- eChapter
102, article III nonconformities. Such occasions shall require a separate determination by the
pPlanning dpirector as to the lawfulness of the nonconformity.
(124) Areas exempted from residential ROGO. Any area of the unincorporated county exempted
from residential ROGO as provided for in sSection 138 -22.
(c4) Public /governmental uses. Public /governmental uses, including public buildings, as defined
in sSection 101 -1.
(d4) Development activity for certain not-for-profit organizations. Except for the nonpublic
institutional uses on Big Pine Key and No Name Key pursuant to sSection 138 -49, nonresidential
development activity within 4Tier III designated areas by federally tax exempt not - for - profit
educational, scientific, health, religious, social, cultural and recreational organizations which
predominately serve the county's non - transient population, if approved by the BOCC bee&d-e€
after review and recommendation by the Pblanning dpirector and
Pplanning Ceommission. This exemption is subject to the condition that a restrictive covenant be
placed on the property prior to the issuance of a building permit. The restrictive covenant shall
run in favor of the county for a period of at least 20 years. Any change in the use or ownership of
the property subject to this restrictive covenant shall require prior approval by the !planning
Ceommission, unless the total floor area exempted by the Planning Ceorninission is obtained
through an off -site transfer of floor area and/or nonresidential floor area allocation. If the total
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amount of floor area that is transferred and/or allocated meets or exceeds the total amount of
floor area exempted, the restrictive covenant shall be vacated by the county. This exemption is
not applicable to nonresidential development proposed within any Ttier I or tTier III -A (special
protection area) designated areas.
(0) Vested rights. Landowners with a valid, unexpired development of regional impact approval
granted by the county prior to January 4, 1996, (effective date of the eComprehensive pPlan) or
an approved vesting determination by the county from the nonresidential allocation requirements
of this section and the eComprehensive Pblan.
(f6) De expansion or de minimis addition of new nonresidential floor area. The cumulative
addition of up to 1,000 square feet of new nonresidential floor area shall not require an NROGO
application and NROGO allocation prior to issuance of a building permit. De minimis is not
required to be utilized in whole or limited to a single building permit application; however
cumulatively, an individual property shall not receive any more than 1,000 square feet of new
nonresidential floor via de minimis expansion and/or addition. Nonresidential floor area
permitted via de minimis expansion and/or addition shall be deducted from the annual NROGO
allocation or the NROGO bank.
(g -7) Uses in the Industrial (I) and Maritime Industries (MI) districts. Industrial uses in the
fWaritime }Industries (MI) and the (industrial (I) land use zonin districts, provided that the
floor area is restricted to manufacturing, assembly, wholesaling, and distribution uses. Uses
permitted in the Rockland Key Commercial Retail Center Overlay District pursuant to sSection
130 -131. All other forms of industrial uses and other nonresidential uses which may be permitted
in the land use Lzonin&district are subject to the requirements of this article and will require an
NROGO allocation.
(h8) Agriculture /aquacultural uses. Agricultural and aquacultural uses in the agricultural and
aquaculture use overlay (A).
Q9) Canopy.
&0) Transfer off-site of existing nonresidential floor area. The demolition/removal and transfer
off -site of nonresidential floor area from a sender site and the development of the transferred
nonresidential floor area on a receiver site in accordance with the following procedures and
criteria:
lWa.- Eligibility of sender floor area. Nonresidential floor area shall be lawfully established
floor area pursuant to subsection (1) or have received an NROGO allocation or transfer of
floor area after September 19, 2001.
2b- Criteria:
a.4- The receiver site shall be within a tTier III designated area and, if on Big Pine Key, it
shall also be is located within the designated community center overlay area;
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b.-2- The receiver site shall be located within the same ROGO subarea, as set forth in
sSection 138 -20, as the sender site;
c. -3- The use that would utilize the transferred nonresidential floor area on the receiver site
shall not be a high - intensity commercial retail use which will generate more than 150
daily vehicle trips per 1,000 square feet of floor area, unless the receiver site is within an
overlay district or area, established in a community master plan or within eChapter 130,
specifically allowing such a high - intensity commercial retail use;
d.4. The receiver site shall not be located within a V special flood hazard zone;
e.S, The receiver site shall not be located in a coastal barrier resources system; and
f. 6-. The receiver site shall not be located in an offshore island/conservation land
protection area.
jje-. Limitations on the amount of nonresidential floor area which may be transferred to any
one site. The amount of nonresidential floor area which may be transferred to any one site
shall be as follows:
a.4- No more than a maximum cumulative total of 50,000 square feet of nonresidential
floor area may be transferred to any one site.
b.2: A structure utilizing the transferred nonresidential floor area shall not be greater than
10,000 square feet, except for a) a structure within the Urban Commercial (UC) land use
zoning) district consist of up to a maximum total of 50,000 square feet of nonresidential
floor area and b) a structure within an overlay district or area, established in a community
master plan or within eChapter 130, may consist of up to a maximum total of
nonresidential floor area set forth in the superseding overlay district or area.
Procedures. The following procedures shall be followed for permitting transfer of
nonresidential floor area off -site:
a.4- A minor conditional use permit shall be required to identify, determine the eligibility
of and document the approval of the sender and receiver site, pursuant to the process set
forth in sSection 110 -69. If a single receiver site is proposed to receive the transferred
nonresidential floor area from multiple sender sites, only a single minor conditional use
permit application shall be required. All sender and receiver sites associated with a
proposed transfer shall be identified at the time of application.
b.2- The minor conditional use permit application required in the previous subsection
shall be submitted in a form provided by the pPlanning and Eenvironmental Rfesources
R&partment. A development order shall memorialize approval of the minor conditional
use permit. After successfully passing all applicable appeal periods, the development
order shall be recorded in the official records of the Monroe County Clerk of the Circuit
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Court. Such recording shall be carried out so that the document is associated with all
applicable sender and receiver sites.
63- No building permit shall be issued for the nonresidential floor area on the receiver
site until the sending site structure is demolished as per an issued demolition permit and a
final inspection for the demolished floor space has been completed by the bBuilding
dDepartment.
Sec. 138 -51. NROGO sAllocations.
(a) Maximum amount of available floor area for the annual nonresidential ROGO allocations.
The annual amount of floor area available for allocation under NROGO shall be 47,083 square
feet. Beginning NROGO Year 22 (July 13, 2013), this floor area shall be distributed to each of
subareas
was provided in the following table:
ROGO subarea Zmh Appr-eximate T..W dwelliag Annual NROGO
m arket rate mere Uffits allocation
twits*
Upper 3-5 196 22,944 SF
i
Lower -4-7 -34 94- 121,749 SF
Big Pine/No $ I-2 119 12,390 SF
Name
Total 147,083 SF
(b) Maximum allocation of nonresidential floor area by site per each allocation quarter. The
amount of nonresidential floor area to be allocated shall be limited to a maximum share of
10,000 square feet for any one site per each allocation quarter.
(c) Maximum floor area per structure. A structure shall not receive an allocation that expands the
structure to more than 10,000 square feet of nonresidential floor area, excluding: a) a structure in
the Urban Commercial (UC) land use zoning)-district may receive an allocation that expands the
structure to not more than 50,000 square feet and b) a structure within an overlay district
established in a community master plan, in which the maximum shall be governed by the master
plan if applicable, or within eChapter 130 specifically allowing such a structure of over 10,000
square feet.
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(d) Allocation dates. To be considered for an allocation award, all NROGO applications must be
submitted to the Pplanning and Environmental Resources D department and deemed complete by
the Planning Ddirector, or his or her designee, by no later than 4:00 p.m. on the specified
allocation quarter closure, which shall be the same dates as those for the residential ROGO.
(e) Annual nonresidential ROGO allocation. This annual allocation shall be distributed between
the four allocation quarters, which shall be the same dates as those for the residential ROGO.
Sec. 138 -52. Application procedures for NROGO.
(a) Deadlines for submission ofbuildinQ permit applications to be entered into the nonresidential
permit allocation system. No approved building permit application requiring an NROGO
allocation award, including applications submitted under privatized plan review as provided for
by Chapter 553, F.S., shall be accepted for the entry into the NROGO system under this chapter,
unless the building permit application is submitted to the Buildine Department at least 30 days
prior to the end of the allocation period appropriate for the application. A submission 30 days
prior does not guarantee that it will enter NROGO that quarter if it has not passed all required
reviews.
JU Application for allocation by way of the NROGO allocation system. Applications competing
in the Residential Permit Allocation system that have not received an allocation award in quarter
4 ROGO year 24, ending July 12, 2016, shall receive perseverance points as listed above.
The Planning and Eenvironmental Rfesources Ddepartment shall accept applications to enter
the NROGO system. The NROGO application must be accompanied by an approved building
permit application in order to be considered. The Planning Ddirector, or his or her designee,
shall review the NROGO application for completeness. If the application is determined to be
incomplete, the Pplanning Ddirector, or his or her designee, shall reject the NROGO application
and the reasons therefore. within
If determined to be complete, the application shall be assigned a
controlling- date.
(c) AppTion react The NROGO application shall be submitted in a form provided by
the PplannI , and Eenvironmental Rfesources Ddepartment and meet the following
requirements:
1 The a lication shall include a) the name and address of the property owner(s) of record
-, b) the property record card(s) from the Monroe County Property
Appraiser, c) a written legal description of the property proposed for development, d) a
boundary survey of the property proposed for development, prepared by a surveyor
registered in the State of Florida, showing the boundaries of the site, elevations, bodies of
water and wetlands on the site and adjacent to the site, existing structures including all
impervious areas, existing easements, total acreage and total acreage by habitat and e) a site
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plan. The boundary survey and site plan may be filed with the corresponding building permit
application. Additional copies of the boundary survey and site plan are not required to be
filed with the NROGO application.
(2) If a conditional use permit is required in accordance with this Land Development Code
for the development applied for, the conditional use permit shall be obtained and effective
prior to submittal of any NROGO application. A copy of the recorded development order
shall be submitted with the NROGO application.
(3) The site plan shall be prepared and sealed by a professional architect, engineer, or any
other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of
one inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall
depict the following features and information:
a. Date, north point and graphic scale;
b. Boundary lines of site, including all property lines and mean high- water, lines shown
in accordance with Florida Statutes;
c. All attributes from the boundary survey;
d. Future Land Use Map (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designation(s) of site;
f. Tier designation(s) of the site;
g. Flood zones pursuant to the Flood Insurance Rate Map;
h. Setback lines as required by this Land Development Code;
i. Locations and dimensions of all existing and proposed structures, including all paved
areas and clear site triangles;
j. Size and type of buffer yards and parking lot landscaping areas, including the species
and number of plants;
k. Extent and area of wetlands, open space preservation areas and conservation
easements;
1. Delineation of habitat types to demonstrate buildable area on the site, including any
heritage trees identified and any potential species that may use the site (certified by an
approved biologist and based on the most current professionally recognized mapping by
the U.S. Fish and Wildlife Service);
m. Drainage plan including existing and proposed topography, all drainage structures,
retention areas, drainage swales and existing and proposed permeable and impermeable
areas;
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water supply
system or collection lines and the closest available wastewater collection system or
collection lines (with wastewater system provider) or on -site system proposed to meet
required County and State of Florida wastewater treatment standards; and
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p. A table providing the total land area of the site, the total buildable area of the site, the
type and square footage of all nonresidential land uses, the type and number of all
-- es'al dwelling units, the amounts of impervious and pervious areas, and calculations
for land use intensity, open space ratio, and off - street parking.
(db) Fee for review of application. Each NROGO application shall be accompanied by a
nonrefundable processing fee established by resolution of the— BOCC of -
Additional fees are not required for successive review of the same NROGO
application unless the application is withdrawn and resubmitted.
(ge) Compliance with other requirements. The NROGO application shall not constitute an
indication of whether or not the applicant for the nonresidential floor area allocation has satisfied
and complied with all county, state, and federal requirements otherwise imposed by the county
regarding conditions precedent to issuance of a building permit.
(fd) Time of review. The pPlanning Cirector may retain the allocation application and its
associated building permit application for review pursuant to the evaluation procedures and
criteria set forth in srSection 138 -53 and sSection 138 -55.
(ge) Non -county time periods. The county shall develop necessary administrative procedures
and, if necessary, enter into agreements with other jurisdictional entities which impose
requirements as a condition precedent to development in the county, to ensure that such non-
county approvals, certifications and/or permits are not lost due to the increased time
requirements necessary for the county to process and evaluate NROGO applications and issue
allocation awards. The county may permit evidence of compliance with the requirements of other
jurisdictional entities to be demonstrated by coordination letters in lieu of approvals or permits.
(h€) Limitation on number of applications.
(1) An individual entity or organization may have only one active NROGO application per
site in the allocation period.
(2) There shall be no limit toes the number of separate projects for which NROGO
applications may be submitted by an individual, entity or organization.
(g) Expiration of allocation award. Except as provided for in this article, Aan allocation award
shall expire when its corresponding building permit is not picked up after 60 days of notification
by certified mail of the award, or, after issuance of the building_ permit, upon expiration of the
ermit , afteF 60 days of mailing ef
..:r.,.,. ie r - the .. .._a of t h e ,.11,.,... ie „r .. s id e . t ial flee f e& eft or after failure of the
applicant to submit required plan revisions by the required date set forth in subsection `lk) or
after the failure to conclude the required coordination with FWS under the Permit Referral
Process in Section 122- 8(d)(5)
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"J" Withdrawal of NROGO application. An applicant may elect to withdraw an NROGO
application without prejudice at any time up to finalization of the evaluation rankings by the
Pplanning Ceommission. Revision and resubmission of the withdrawn application must be in
accordance with subsection Ui) of this section.
(k}) Revisions to applications and awards.
(1) Upon submission of an NROGO application, an applicant may revise the application if it
is withdrawn and resubmitted prior to the allocation date for the allocation period in
which the applicant wishes to compete. Resubmitted applications shall be considered
new, requiring payment of appropriate fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a building permit
being obtained, but prior to receipt of a certificate of occupancy or final inspection, no
revisions shall be made to any aspect of the proposed nonresidential development which
formed the basis for the evaluation review, determination of points and allocation
rankings, unless such revision would have the effect of increasing the points awarded
without the removal of any land dedication or removal of an affordable housing deed
restriction
(3) After the receipt of an allocation award, a building permit and a certificate of occupancy
or final inspection, no revision shall be made to any aspect of the completed
nonresidential development which formed the basis for the evaluation, review,
determination of points and allocation rankings, unless such revisions are accomplished
pursuant to a new building permit and unless such revisions would have the net effect of
either maintaining or increasing the number of points originally awarded.
(1j) Clarification of application data.
(1) At any time during the NROGO allocation review and approval process, the applicant
may be requested by the Pplanning Ddirector or the pPlanning Ceommission, to submit
additional information to clarify the relationship of the allocation application, or any
elements thereof, to the evaluation criteria. If such a request is made, the pPlanning
Ddirector shall identify the specific evaluation criterion at issue and the specific
information needed and shall communicate such request to the applicant.
(2) Upon receiving a request from the pPlanning Ddirector for such additional information,
the applicant may provide such information; or the applicant may decline to provide such
information and allow the allocation application to be evaluated as submitted.
(Mk) Revisions of building permit applications requiring the NROGO allocation(s). A building
permit application for a- proposed nonresidential floor area requiring an NROGO allocation must
be approved prior to submitting an NROGO application. In the event that the Florida Building
Code is amended between the date ion which an NROGO application is submitted and the date
}on which a building permit requiring the NROGO allocation(s) applied for is issued (which
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Monroe County Comprehensive Plan Update
follows the date ion which the required allocation(s) is awarded), if necessary, the applicant shall
submit plan revisions to the building permit application demonstrating full compliance with the
current Florida Building Code in effect. These plan revisions shall be submitted within 180 days
of the NROGO allocation award date or the applicant shall forfeit the NROGO allocation award.
Following receipt of the plan revisions, the Bhuilding Ddepartment shall review the revisions as
if the application is new (however retaining the same building permit number for administrative
purposes), based on the building code, for compliance prior to issuance of the building permit
requiring the NROGO allocation(s) by the Bhuilding Oefficial. Such mandatory revisions and
review are limited to the modifications necessary to demonstrate compliance with the Florida
Building Code in effect at the time of building permit issuance. This is not applicable to the Land
Development Code.
(111) Application for allocation by way of the NROGO bank _The Pplanning and Eenvironmental
Rresources Ddepartment (depaAfneat) -shall maintain a record of NROGO allocations that were
not awarded in annual NROGO allocation periods. This shall be known as the NROGO bank. As
of July 12, 2012 ( NROGO Year 20), the NROGO bank balance for each ROGO subarea was as
follows:
Big Pine Key and No Name Key ROGO subarea 4,339 square feet
Upper Keys & Lower Keys ROGO subareas 1389,991 square feet
Prior to the opening date of NROGO Year 22 (July 13, 2013), the Planning and Environmental
Resources D department shall determine the precise balance of the NROGO bank. teeing 3) Big PiaeWe Name Keys. The NROGO bank shall be maiwained by an aeeetffit peF eaeh
�_QRQC Year- 22 (Aily 13, 2913 thfough Aily 12, 2014), the N-R-G-G-0 bank shall be
mally distfibuted between the three ROGO subar-eas 1) Uppef: Keys, 2) Lewer- Keys and
Upon availability of nonresidential floor area in a given and applicable ROGO account within
the NROGO bank, the Planning and Environmental Resources dDepartment shall accept
applications from applicants requesting the banked nonresidential floor area. The NROGO
application must be accompanied by an approved building permit application in order to be
considered. The Pplanning Ddirector, or his or her designee, shall review the application for
completeness. If the application is determined to be incomplete, the Pplanning Ddirector shall
reject the application and notify the applicant of such rejection, and the reasons therefor, within
30 days. The application shall be submitted in a form provided by the Planning and
Environmental Resources D department and meet the same requirements for a standard NROGO
application as set forth in subsection 138- 52(a). Each application shall be accompanied by a
nonrefundable processing fee as established by resolution of the board of county commissioners.
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Sec. 138 -53. Evaluation flProcedures for i*Nonresidential f1EFoor *Area *Allocation.
(a) Initial evaluation of allocation applications. Upon receipt of completed NROGO allocation
applications, the pplanning Ddirector or his or her designee shall evaluate the allocation
applications pursuant to the evaluation criteria set forth in sSection 138 -55.
(1) Within 30 days of an allocation date, unless otherwise extended by the planning
Ceommission, the pplanning Ddirector shall:
a. Complete the evaluation of all allocation applications submitted during the relevant
allocation period;
b. Total the amount of square footage for which allocation applications have been
received for each ROGO subarea (Upper Keys; Lower Keys; and Big Pine Key/No Name
Key); and
c. Rank the allocation applications, in descending order from the highest evaluation point
total to the lowest for each ROGO subarea and by controlling date pursuant to subsection
Ldj•
(b) Public hearings and allocation awards. Upon completion of the evaluation ranking report
and/or recommendation, the Pplanning Ddirector shall schedule and notice a public hearing by
the Manning Ceommission pursuant to otherwise applicable regulations.
(1) At or prior to the public hearing, the Manning Ceommission may request, and the
planning Ddirector shall supply, copies of the allocation applications and the evaluation
worksheets.
(2) Upon review of the allocation applications and evaluation worksheets, the Manning
Ceommission may adjust the points awarded for meeting a particular criterion, adjust the
rankings as a result of changes in points awarded, or make such other changes as may be
appropriate and justified.
(3) The basis for Manning Ceommission changes shall be specified in the form of a motion
to adopt the allocation rankings and may include the following:
a. A mistake in the application of one or more of the evaluation criteria; and
b. A misinterpretation of the applicability of an evaluation criterion.
(4) The public, including, but not limited to, applicants for allocation awards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer modifications
to an application that could change the points awarded or the ranking of the application.
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(5) At the conclusion of the public hearing, the 1 lanning Commmission may:
a. Move to accept the evaluation rankings as submitted by the Pplanning Ddirector;
b. Move to accept the evaluation rankings as may be modified as a result of the public
hearing;
c. Move to continue the public hearing to take additional public testimony;
d. Move to close the public hearing but to defer action on the evaluation rankings pending
receipt of additional information; and
e. Move to reject the evaluation rankings.
(6) The Pplanning Ceommission shall finalize the evaluation rankings within 60 days
following initial receipt of the Pplanning Ddirector evaluation ranking, report and
recommendation.
(c) Notification to applicants. Upon finalization of the evaluation rankings by the Planning
eCommission, notice of the rankings shall be posted at the pla e- Planning and Environmental
Resources D department ees and at such other places as may be designated by the Planning
Commission
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. After three (3) unsuccessful attempts to notify the applicant via
certified mail, return receipt requested, the allocation award shall expire. Upon receipt of
notification of an allocation award, the applicant may request issuance of a building permit
for the applicable development of the allocated nonresidential floor area.
(2) Applicants who fail to receive allocation awards shall be further notified by
reg_ lar eer4fied mail, return receipt requested; without further action by such applicants nor
the payment of any additional fee, such applications shall remain in the NROGO system for
reconsideration at the next allocation in the current or following annual allocation period.
(d) Identical rankings. If two or more allocation applications in a given size classification receive
an identical evaluation ranking and both (or all) cannot be granted allocation awards within the
allocation period, the Planning Ceommission shall award the allocation to the completed
application first submitted, based on the controlling date of the application. If two or more such
completed applications were submitted with the same controlling date, the available allocation
shall be awarded to the application with the fewest number of negative points.
(e) Allocation by way of the NROGO bank. Concerning applications submitted pursuant to
sSection 138 - 52(1), if nonresidential floor area is available in an NROGO subarea account
within the NROGO bank, upon receipt of completed application, the Planning Ddirector shall
evaluate the application pursuant to the evaluation criteria set forth in sSection 138 -55.
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(1) Public hearing. Excluding reservations granted by the BOCC be
the PPplanning Ddirector shall schedule and notice the application for review
and decision by the Pplanning Ceommission at a public hearing.
a. Allocation by PPplanning Ceommission. Allocations by way of the NROGO bank shall
only be awarded four times per NROGO year, on the same public hearing dates in which
annual NROGO allocations are awarded per sSection 138- 53(b). Such allocations shall be
awarded pursuant to subsections (e)(2) through (e)(12).
b. Reservation of allocation by the Bboard of feounty Ceommissioners. Notwithstanding
provisions of subsections (e)(2) through (e)(12), the BOCC bets --of ee
may, for projects in excess of 10,000 square feet of nonresidential floor
area, reserve by resolution, for up to eighteen (18) months, some or all of the available
nonresidential floor area within an applicable account within the NROGO bank for a
specified development. Prior to the public hearing in which the reservation is to be
considered, the applicant shall a) if necessary, have entered into a development
agreement with Monroe County for the development requiring the nonresidential floor
area and b) if required, have been issued a conditional use permit for the development
requiring the nonresidential floor area. Building permits for these reserved allocations
shall be picked up within six months of the effective reservation date, unless otherwise
authorized by the BOCC in its resolution. The beafd e€
eeui*ty BOCC may, at its discretion, place conditions on any reservation
as it deems appropriate.
(2) NROGO bank accounts. Beginning July 13, 2013, the NROGO bank shall consist of two
few accounts. The st-- - accounts consist of : 1)
Upper Keys and *Lower Keys (Joint or general) account and 41) Big Pine Key and No
Name Key subarea account The boundaries of the ROGO subareas are defined in section
138- 20(c). The few4h aeeett Sh „t a g e n e r al jo i nt _� aeeeu f the up peF Ke y s
an d T .. K eys ROGG subs, - eas q applicant may only request nonresidential floor area
from the account associated with the ROGO subarea in which the subject property is located.
As of July 13, 2013, pursuant to sSection 138- 51(a), the distribution of the annual NROGO
allocation shall be distributed to each of the ROGO subareas based on the number of
fesideatia,l-dwelling unit permits made available for each of the ROGO subareas. The unused
remainders of nonresidential floor area from the annual NROGO allocation for each of the
ROGO subareas shall roll over into the applicable wabafea-NROGO accounts (general or Big
Pine Key and No Name Key subarea account within the NROGO bank each year - , 4mwKwef
not the general meeunt fer- the Uppef Keys and Lewer- Keys ROGO subaFe . Nonresidential
floor area within a given subarea NROGO account shall be available for eligible
developments within the boundaries of that subarea. The nonresidential floor area within the
general joint) NROGO account shall be available for eligible developments within the
boundaries of either the Upper Keys or Lower Keys subareas. On the opening day of each
subsequent NROGO year (July 13), excluding the reserves provided for in subsection (e)(4),
the non - reserve balances of the izeneral fioint)
LeweF Keys ROGO account shall be returned to the general 'oint account for the
138 -58 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Upper Keys and Lower Keys ROGO subareas
to the genefal NROGO .,ee ,.:a„
10
(3) Eligibility per tier designation. Only applications for developments within Tier III
designated areas shall be eligible for allocation by way of the NROGO bank.
(4) NROGO subarea account reserves. The general (Joint) account
shall maintain reserves of 20,000 square feet for the Upper
Keys and Lower Keys NROGO subarea -h. The Big Pine/No Name Key subarea account is
not required to maintain a reserve.
(5) Noncompetitive applications. If the total amount of nonresidential floor area requested in
a single application or cumulatively in multiple applications by separate applicants is equal to
or less than the amount available in a NR49GO subare ae ettat withi the aaDDlicable
NROGO bank (excluding reserved floor area) account, the Pplanning Ceommission may
grant the total amount of nonresidential floor area requested in the application(s) to the
applicant(s).
(6) Competitive applications. If the total amount of nonresidential floor area requested in a
single application or cumulatively in multiple applications by separate applicants is greater
than that the total amount available in ^ N-R-0- '^ -Aerem "+ •• *U. the applicable
NROGO bank accounts (excluding reserved floor area), the Pplanning 2director shall submit
an evaluation report to the Manning Ceommission indicating the evaluation rankings. The
I planning Ceommission shall award available nonresidential floor area in the applicable s
NROGO bank suhar-ea- account (excluding reserved floor area) to the applicant with most
points pursuant to sSection 138 -55. If the highest scoring applicant does not request the
entire amount available in an NROGO bank sebafea•- account within the NROGO b., , the
Pplanning Ceommission shall award the remaining available nonresidential floor area in a
the applicable NROGO bank account (excluding reserved
floor area) to the application with the second highest score and so on until
aee ••A he NROGO bank reaches its balance (excluding reserves)_
(7) Single application requesting more than the balance in an NROGO bank subama
account. If there are not any competing applications, the Manning Ceommission may grant
the total amount of nonresidential floor area available in a NROGO bank ee account
(excluding reserved floor area) to the applicant and require the applicant to acquire the
remaining nonresidential floor area through the NROGO permit allocation system.
(8) De minimis applications. Square footage for de minimis applications may be deducted
from the annual NROGO allocation or the NROGO bank. Nonresidential floor area permitted
via de minimis shall be deducted from the NROGO subarea account in which the property is
located.
138 -59 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(9) Testimony. The public, including but not limited to applicants, shall be permitted to
testify at the public hearing. Applicants may offer testimony about their applications or other
applications; however, in no event may an applicant offer modifications to an application that
could change the points awarded or the ranking of the application.
(10) Decision by the Pplanning Ceommission. At the conclusion of the public hearing, the
P Ceommission may:
a. If applicable, move to accept the evaluation rankings as submitted by the planning
Ddirector;
b. If applicable, move to accept the evaluation rankings as may be modified as a result of
the public hearing;
c. Move to continue the public hearing to take additional public testimony;
d. Move to close the public hearing but to defer action on the evaluation rankings pending
receipt of additional information; and
e. Move to reject the evaluation rankings.
Within 60 days of the public hearing, the PPplanning Ceommission shall render its final
decision on an application for an allocation by way of the NROGO bank by resolution. If
an approval, the resolution shall be issued and pass all relevant appeal periods prior to
issuance of a building permit requiring the nonresidential floor area awarded by the
resolution.
(11) Opening balances. Opening balances for the firs` `i fee stibaFe NROGO bank accounts
as of NROGO Year 22 (July 13, 2013). The opening balances for the each subar-e NROGO
bank accounts shall be determined and calculated by the plafming-4 Planning and
Environmental Resources D epartment based on available and unused annual nonresidential
floor area from NROGO Years 10 through 21.
(13) Retth-a to *e goner-S- 8eeettat fer- the UppeF Keys and Lower- Keys R-0
subaf 12 Joint Account. Commencing NROGO Year 23 (July 13, 2014), on the opening
date of each NROGO Year, excluding the reserves provided for in subsection (e)(4), the non -
reserve balances of the general (joint) bank account for the Upper Keys ROGO subarea
138 -60 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
oeeewi-t-and the Lower Keys ROGO subarea aeeemt shall be returned to the single, general
or joint account for award within the Upper Keys and Lower Keys ROGO subareas.
(134) Notification to the general public of the availability of the NROGO account balances.
For each of the four planning Ceommission public hearings in a given NROGO Year in
which NROGO allocations may be awarded, the Planning and Environmental
Resources dDepartment shall provide a detailed report to the PPplanning Ceommission and
general public providing the exact balances of nonresidential floor area that exist within eaeh
the feuf the NROGO bank. In addition, these balances shall be provided in the
newspaper advertisements for the Planning Ceommission public hearings (as required by
srSection 110 -5) in which NROGO allocation awards may be awarded.
Sec. 138 -54. Administrative r-RelieE
(a) Eligibility _An applicant is eligible for administrative relief under the provisions of this
section if all the following criteria are met:
(1) The applicant has complied with all requirements of the nonresidential permit allocation
system;
(2) The application has been denied an allocation award for four successive years (first 16
consecutive quarterly allocation periods) in the NROGO Allocation System,
(3) The proposed development otherwise meets all applicable county, state, and federal
regulations:
(244) The subject application has not been withdrawn; -aad
(5) The applicant has complied with all the requirements of the NROGO Allocation System,
(6) The applicant has followed the procedures for administrative relief, and
(7) The applicant has not received an allocation award.
(b) Application.- An application for administrative relief shall be made on a form prescribed by
the Planning Ddirector and may be filed with the pPlanning and eEnvironmental Rresources
Ddepartment no earlier than the conclusion of the fourth allocation period and no later than 1820
days following the close of the fourth annual allocation period.
138 -61 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(c) Waiver of rights. Failure to file an application shall constitute a waiver of any rights under
this section to assert that the subject property has been taken by the county without payment of
just compensation as a result of the nonresidential floor area allocation system.
(d) Exceptions. Monroe County shall preclude the granting of administrative relief in the form of
the issuance of a building permit for lands within the Florida Forever targeted acquisition or
trier I land areas unless, after 60 days from the receipt of a complete application for
administrative relief, it has been determined the parcel cannot be purchased for conservation
purposes by any county, state or federal agency or any private entity. The county shall routinely
notify the Ddepartment of Eenvironmental Pprotection of upcoming administrative relief
requests at least six months prior to the deadline for administrative relief.
(e) Processing and review by pPlanning dDirector._Upon the filing of an application for
administrative relief, the Plannin Director shall prepare a written report with
recommendation and forward the report to the BOCC along with
all relevant files and records relating to the subject application. The Pplanning Ddirector shall
advertise and schedule a public hearing for consideration of the application by the beaFd —e€
BOCC
(f) Public hearing. At a public hearing, the BOCC may review
the relevant application and application evaluation ranking, taking testimony from county staff
and others as may be necessary and review documentary evidence submitted by the applicant.
(g) BOCC action _At the conclusion of the public hearing, the
BOCC may take any or a combination of the following actions:
(1) Offer to purchase the property at fair market value as the preferred action if the property
is location within:
a. A designated tTier I area or within the Florida Forever (or its successor) targeted
acquisition areas (unless, after 60 days from the receipt of a complete application for
administrative relief, it has been determined no county, state or federal agency or any
private entity is willing to offer to purchase the parcel ;
b. A designated trier II area (Big Pine Key and No Name Key);
c. A designated tTier III -A area (special protection area); or
d. A designated trier III area on a nonwaterfront lot s11 9 tAhle -for affordable housing.
(2) Grant the applicant an allocation award for all or part of the nonresidential floor area
requested in the next allocation award as the preferred option for buildable properties not
meeting the criteria in subsection (f)(1) of this section.
(3) Suggest such other relief as may be necessary and appropriate.
138 -62 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Sec. 138 -55. Evaluation eCriteria (NROGO).
(a) Evaluation point values. The following point values established are to be applied
cumulatively except where oth erwise specifi For all applications entering the Nonresidential
(1) Tier designation. Utilizing the Tier System for land classification, the following_ points shall
be assigned to allocation applications for proposed nonresidential development in a manner that
encourages development of infill in predominately developed areas with existing infrastructure,
commercial concentrations, and few sensitive environmental features, and discourages
development in areas with environmentally sensitive upland habitat, which are targeted for
acquisition and the retirement of development rights for resource conservation and protection:
de ti TT (t« :tiO a nd spr-a oil, et; are a) e Big D; a nd Ne
�INam
design tier TTT A (....,, p eteetiea a th p ropos es t e l , ..t:...
ef an upland native habitat pateh of ene aer-e OF gFeater- in size.
designated tier- H! (ififill afea)-
Point
Assignment:
Criteria (Outside Big Pine Key and No Name Key):
0
Proposes new nonresidential development within an area designated Tier
I (Natural Areal.
138 - Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
+4
Proposes expansion of an existing, lawfully established nonresidential
development regardless of Tier, with no further clearing of any native
Oland vegetation.
+10
Proposes new nonresidential development that will result in the clearing
of any upland native vegetation within a Special Protection Area in Tier
III -A.
+20
Proposes new nonresidential development within an area designated Tier
III Infill Area .
Point Assignment
Criteria (Within Bir Pine Key and No Name Key):
-3
0
Proposes new non - residential development within an area designated
Tier I [Natural Areal
+10
Proposes new nonresidential development within an area designate d
Tier II (Transition and Sprawl Reduction Area on Big Pine Key and No
Name Key].
+20
Proposes new non - residential development within an area designated
Tier III on Big Pine Key and No Name Key].
+4
Proposes expansion of an existing, lawfully established nonresidential
development regardless of Tier, with no further clearing of any native
upland vegetation, located within the U.S. 1 Corridor Area and the
commercial community center overlay in the Big Pine Key and No
Name Key Livable CommuniKevs Community Master Plan.
(2) Wetlands. The following points shall be assigned to allocation applications on trier III
parcels which have sufficient upland to be buildable (min of 2,000 sq.ft. of uplands) but also 9W
contain wetlands which require 100 percent open space pursuant to the Monroe County
Comprehensive Plan and that are located adjacent or contiguous to trier I properties.
Point Assignment
Criteria
-3
Tier III parcels adjacent or contiguous to trier I properties and containing
50% or less of the following:
1. submerged lands
2. mangroves (excluding tidally inundated mangrove shoreline fringes)
138 -64 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
3. salt ponds
I
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
-5
Tier III parcels adjacent or contiguous to t:Tier I properties and containing
more than 50% of the following:
1. submerged lands
2. mangroves (excluding tidally inundated mangrove shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Notes:
Adjacent means land sharing a boundary with another parcel of land. An intervening road, right -
of -way, or easement shall not destroy the adjacency of the two parcels, except for U.S. 1.
Contiguous means a sharing of a common border at more than a single point of intersection.
Contiguity is not interrupted by utility easements.
Subsection (2) applies to new applications for Mer III parcels entering the permit allocation
system after January 13, 2013.
Point e Gr- ifer-ia
138 -65 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
A n apphear:eft . n develepme «t that red the Fmioe flee. n e
ratie (FAR) to 23 ft e«t lean eF
(4D Land dedication. The following points shall be assigned to allocation applications to
encourage the voluntary dedication of vacant, buildable land within Vier I, trier II (Big Pine
Key and No Name Key), and Ttier III -A (Special Protection Areas (SPA)) designated areas and
parcels which contain undisturbed wetlands for the purposes of conservation, resource
protection, restoration or density reduction and, if located in Tier III outside of Special
Protection Areas, for the purpose of providing land for the retirement of development rights
affordable housing where appropriate. - Applicants can utilize lands donated pursuant to Policy
101.5.26, however, submerged lands (inundated by water) shall not be eligible for land
dedication.
1
4.4 A «1: at: ..h :eh eh. dhe ded: et:e« to A4 a !`e r,t., of o eabt
>
le «larded let en e as t designated ier• TTT f-er• e1hl h; of su ffieie «t
Mai Ma e ems«,. >
,
le platted b lad w h ;eh i ded :sated that «,seta the a f r•e «tinned
will eam the additional points as spe i f A dd.
>
ON
W8 ft n pheat ;eft w h;eh el the dedieat;e« to Me«.ee Ge e f a «t
squafe feet e legally platted let of 5,000 squafe feet . !e, desigamed as Resideft
> si
IA* Ar-A t
platted let, that meets the afeFemeatiefied r-equir-ements will ea
speetfied.
,
le pledged let of 5 n feet o e « r. :th: a tie i -AF-te den:,.ftnted
>
Den :de «d: el !`e ;P ...nt :eft De. :de «t;nl T e A N the &1t11 le «d . fnap w i th
net density, E$I } " cr f eie irt�land�te be b >raeh
>
additie «al . ftd le platted let that m eet s the a f r-e «tiefte
>
138 - Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
legally „l.,t let ,.,
th
,- 'ill
e th e
legally pl l , d es i gift s .,s
o f .- „t:,. . ,its will
o f r - eme e po i nts
,
ti ill A (Sp D.- eteetiefi Area SPA) ) o f
a „tom e ifiea
Point Assignment:
Criteria: (Outside Big Pine Key and No Name Key)
+4 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot, designated as Tier III for affordable housing, containing
a minimum of 2,000 square feet of uplands. Each additional vacant,
legally platted lot which meets the aforementioned requirements
will earn the additional points asspecified.
+5 for each platted
I Proposes dedication to Monroe County of one (1) vacant, legally
138 -67 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
lot
platted lot, designated as Tier III containing a minimum of 2,000
square feet of uplands. Each additional vacant, legally_ platted lot
that meets the aforementioned requirements will earn points as
s ecified.
+4 for each parcel
Proposes dedication to Monroe County of one vacant parcel with a
minimum of 2,000 square feet of uplands, designated as Tier III for
the retirement of development rights. Each additional vacant parcel
that meets the aforementioned requirements will earn points as
s ecified.
+0.5 for each
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot
platted lot within a Tier I area, designated as Residential
Conservation containing a minimum of 2,000 square feet of
uplands. Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points asspecified.
+1 for each platted
Proposes dedication to Monroe CoLuity of a vacant, legally platted
lot
lot within a Tier I area, designated as Residential Low containing a
minimum of 2,000 square feet of uplands. Each additional vacant,
legally platted lot that meets the aforementioned requirements will
earn oints ass ecified.
+2.5 for each
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot
f b - - rbft ' fflWe l
platted lot, within a Tier I area and containing a minimum of 2,000
square feet of uplands and not designated as Residential
Conservation or Residential Low. Each additional vacant, legally
platted lot that meets the aforementioned requirements will earn
points asspecified.
Proposes dedication to ` onroe oun ` ess t ai ore acre a
vacant, unplatted land located within a Tier I area containing
minimum of 2,000 square feet of uplands. Each additional parcel
with vacant, unplatted land that meets _fie . of LgMg i -n d
reguirements will earn Doints as sDecified.
+4 for each acre
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area containing a
minimum of 2,000 square feet of uplands. Each additional one (1)
acres of vacant, unplatted land that meets the aforementioned
re uirements will earn points asspecified.
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot which contains undisturbed wetlands. Each additional
vacant, legally platted lot that meets the aforementioned
requirements will earn points as specified
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot, designated as Tier III -A (Special Protection Area -SPA)
containing a minimum of 2,000 square feet of uplands. Each
additional vacant, legally_ platted lot that meets the aforementioned
requirements will earn points asspecified.
138 -68 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
+2 for each parcel
Proposes dedication to Monroe County less than one (1) acre of
vacant unplatted land located within a Tier III -A area containing a
minimum of 2,000 square feet of uplands. Each additional parcel
with vacant unplatted land that meets the aforementioned
re uirements will earn points as specified.
+3 for each parcel
Proposes dedication to Monroe County of at least one (1 ) acre of
Proposes dedication to Monroe County of at least one (1) acre of
vacant unplatted land located within a Tier III -A area containing
minimum of 2,000 square feet of uplands. Each additional parcel
with vacant, unplatted land that meets the aforementionW
uirements will earn points asspecified.
Additional Requirements:
or No Name Key, containing a minimum of 2,000 square feet oI•
A statutoLy warranly deed that conveys the dedicated Dro to
the county shall be approved by the Planning
C .,t, A — d i i n i n istfa er- n - . t h M t and County Attorney
and recorded in the office of the clerk of the county _prior to the
issuance of any building_ permit pursuant to an allocation award.
Other documents related to the approval of the land dedication may
include but not limited to affidavit of no encumbrance(s), entity
affidavit subject to the approval of the Plannin�Director
tgaDfl and County Attorney
and recorded in the office of the clerk of the county prior to the
issuance of any building permit pursuant to an allocation award.
Point Assignment:
Criteria: (Within Big Pine Key and No Name Key)
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot, designated as Tier I ��n Big Pine Key and No
Name Key, containing a minimum of 2,000 square feet of uplands.
lot
Each additional vacant, legally_ platted lot that meets the
aforementioned requirements will earn l2oints ass ecified.
for each acre
+2 for eac
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area on Big Pine Key
or No Name Key, containing a minimum of 2,000 square feet of
uplands. Each additional one (1) acre of vacant, unplatted land that
meets the aforementioned reguirements will earn points as
cified.
oses dedication to Monroe Count less than one 1 acre
ant unplatted land located within a Tier I area on Big Pine Ke
r
or No Name Key, containing a minimum of 2,000 square feet oI•
uplands. Each additional parcel with vacant, unplatted land that
meets the aforementioned requirements will earn points as
s ecified.
+2 for each latted
Proposes dedication to Monroe Count of one 1 vacant lei *all `
Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
lot
platted lot, designated as Tier II on Big Pine Key and No Name
Key, containing a minimum of 2,000 square feet of uplands. Each
additional vacant, legally platted lot that meets the aforementioned
requirements will earn points asspecified.
+3 for each acre
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land. located within a Tier II area on Big Pine Key
or No Name Key, containing a minimum of 2,000 square feet of
uplands. Each additional one (1) acre of vacant, unplatted land that
meets the aforementioned requirements will earrts as
s ecified.
+2 for each parcel
Proposes dedication to Monroe County less than one 1
vacant, unplatted land located within a Tier 11 area on Big Pine Key
or No Name Key, containing a minimtu of 2,000 square feet of
uplands. Each additional parcel with vacant, unplatted land that
meets the aforementioned requirements will earn points _.a
+5 for each platted
Proposes dedication to Monroe County of one (1) vacant. legally
lot
platted lot, designated as Tier III on Big Pine Key or No Name
Key, containing a minimum of 2,000 square feet of uplands. Each
additional vacant, legally platted lot that meets the aforementioned
requirements.
for each parcel
Proposes dedication to Monroe County of one vacant parcel with a
minimum of 2,000 square feet of uplands, designated as Tier III for
the retirement of development rights. Each additional vacant parcel
that meets the aforementioned requirements will earn points as
s ecified.
+2 for each platted
Proposes dedication to Monroe County of one (1) vacant, legally
lot
platted lot on Big Pine Key or No Name Key which contains
undisturbed wetlands. Each additional vacant, legally platted lot
that meets the aforementioned requirements will earn points as
s ecified.
Additional Re uirements:
A statutory warranty deed that conveys the dedicated property to
the county shall be approved by the P � �, a� �irector his
Getinty Ad and County Attorney
and recorded in the office of the clerk of the county prior to the
issuance of any building_ permit pursuant to an allocation award.
Other documents related to the approval of the land dedication may
include but not limited to affidavit of no encumbrances enti
affidavit sublect to the approval of the Plannin
and Coun Attowe
and recorded in the office of the clerk of the county to the
_prior
issuance of any building permit pursuant to an allocation award.
138 -70 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Assignment
-4
feed ate
(4) Special Flood Ha and Area. The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard zones:
Point Assiknment•.
Criteria:
-6
Proposes a structure requiring an allocation within a "V" zone on the
FEMA Flood Insurance Rate Map.
-4
An application for which development is proposed within a CBRS
unit.
(5) Perseverance Points. One H') ve int shall be aw arded f r e +l,.,+ the alle,.,,6eii year-
Point Assi.gntnent:
Criteria:
+1 for four vears
+0.5 after four years
For parcels designated Tier I, II or III -A, one (1)point shall
be awarded for each year that the allocation application
remains in the allocation system up to four (4) years.
After four (4) years, the application shall be awarded 0.5
points for each year the application remains in the system.
+2 for four years
+I after four years
For parcels designated Tier 111, two (2) points shall be
awarded for each vear that the allocation application
remains in the allocation system up to four (4) years.
After four (4) years. the application shall be awarded one
(1) point for each year the application remains in the
s stem.
Applications entering; the NROGO system after July 13, 2016, shall receive perseverance points
as listed above.
1 i8-7 j Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(6) Highway Access. The following points shall be assigned to allocation applications to
encourage connections between commercial uses and reduction of the need for trips and access
onto U.S. Highway 1:
Point Assignment:
Criteria:
+3
The development eliminates an existing driveway on or access -way to U.S.
Highway 1.
+2
The development provides no new driveway or access -way on U.S.
Highway 1 and provides a connection between commercial uses.
(67) Landscaping, Energy and Water Conservation.D_-sever -aftee points_ The following points
shall be assigned to allocation applications on lands designated as Tier III to encourage the
planting of native vegetation and promote water conservation and increased energy efficiency:
Point Assignment:
Criteria:
..
The project provides a total of two hundred percent 200 %) of the
Point Assignment:
Criteria:
+1
The project provides a total of two hundred percent 200 %) of the
number of native landscape plants required by the Land
Development Code within landscaped buffervards and parking
areas.
+1
Twenty -five percent (25 %) of the native plants provided to achieve
the point award above or provided to meet the landscaped
bufferyard and parking area requirements of the Land Development
Code are listed as threatened or endangered plants native to the
Florida Ke s.
+1
Protect landscaDinR is desi ned for water conservation includin the
collection and direction of rainfall to landscaped areas, or the
application of re -used wastewater for watering landscape plants.
138 -72 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(78)- Central Wastewater System Availabilityt4ighww aeee&s The following_ points shall be
assigned to allocation applications to direct development to areas with central sewer:
iP 4i EFiterte
U.S
Highway 1.
Point Assignment:
Proposes a commercial structure desijzned according to and certified
to the standards of a sustainable building rating or national model
reen buildin code.
+1
Includes installation of a solar photovoltaic collection system, a
minimum of 3KW in size or the equivalent in other renewable energy
s stems.
+0.5
Includes installation of one or both of the following technologies:*
a. Ductless air conditioning system.
b. High efficiency chillers.
+1
Includes installation of apermanent concrete cistern with a minimum
capacily of 2,000 gallons.
Includes the installation of a gray water reuse system, meeting the
requirements of the Florida Building
* The systems must be maintained for a minimum of five years from C.D. unless replaced
with a system that provides a functional equivalent or increased energy or water savings.
(78)- Central Wastewater System Availabilityt4ighww aeee&s The following_ points shall be
assigned to allocation applications to direct development to areas with central sewer:
iP 4i EFiterte
U.S
Highway 1.
Point Assignment:
Criteria:
+4*
Proposes development required to be connected to a central
wastewater treatment system that meets the AWT treatment standards
established by Florida Legislature and Policy 901.1.1.
*These points shall not apply to parcels within a CBRS system unit.
(89� Employee Housing The following_ points, up to a
maximum of four (4) shall be assigned to allocation applications, which includesiiw new
employee housing units:
138 -73 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Point Assignment:
Criteria:
+2
Proposes a new employee housing unit which is located on the same
arcel with a nonresidential use.
Additional Requirements:
1. The employee housing unit shall be required to meet the applicable
provisions ofsSection 130 -161.
2. The proposed employee housing unit shall be included in the
development approval for the nonresidential development proposed in
the allocation a22lication.
3. A certificate of occupancy shall be granted for the nonresidential
development authorized by the allocation award, but shall not be
issued prior to the certificate of occupancy for the employee housing
Units.
4. Each additional NROGO application which increases the number of
proposed employee housing unit may receive additional points. The
same employee housing unit included in a previous NROGO_
ap2lication cannot earn additional points in subse uent avyligations.
10) Pavment to the Land Acauisition Fund UD to two (2) whole Doints shall be awarded for a
monetary payment b t�pplicant to the County's land acquisition fund for the purchase of
lands for conservation, and retirement of development rights. The monetary value of each point
shall be set annually by the County based upon the estimated average fair market value of
vacant privately- owned, buildable IS/URM zoned, platted lots.
(11) Community Centers. The following points shall be assigned to allocation applications to
encourage, nonresidential development within an areas designated as a Community Center in an
adopted Livable CommuniKeys Plan.
Point Assignment:
Criteria:
+5
Proposes nonresidential development within an area designated as a
Community Center.
� C- meter -ia
44 Th p ,.t p id ., total of 200 p nt of th ., .Y.b o .ti 1.,..,as, a p e
plants e than the number- ef native landseape plafitS FeEtUiFed by this_
138 -74 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
As Assignment
I
*4
s tate l eg i s l a V dFe
138 -75 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
� e
Y. .
1 1.
.,
Sec. 138 -56. Appeals. <moved from Sec. 138 -1>
a) An appeal from the decision of the Planning Commission on an NROGO allocation shall be
made to the BOCC. The notice of such appeal shall be in a form prescribed by the Planning
Director and must be filed with the Planning Director within 20 working days of the Planning
Commission's decision. Upon the filing of an appeal, the Planning Commission's secretary will
forward to the board all relevant files and records relating to the matter. Failure to file an appeal
with the BOCC shall constitute a waiver of anv rights under this chanter to further dispute the
decision of the Planning Commission.
(b) The filing of an appeal shall not stay either the action of the Planning Commission or the
action of the director of planning_
c) If, as a result of a successful anneal, additional allocation awards are to be made. the BOCC
shall instruct the Planning Director as to how many nonresidential floor space applications shall
receive allocation awards, when such allocation awards are to be made and what effect such
additional allocation awards will have on the current annual allocation for nonresidential floor
area. To ensure that the allocations set forth in Section 138 -51 are not exceeded, the Planning
138 -76 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Director shall inform the Planning Commission of the results of the appeal and the disposition of
any additional allocation awards.
See. 138 56 C.....1.,yee housi g fai share i et r <moved to 126 -14>
••• ..
... ••• ..
138 -77 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
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138 -78 Keith and Schnars, P.A.
Land Development Code: March 2016