§ 138-22. Type of Development Not Affected.

The residential ROGO shall not apply to the development described below:

(a)

Redevelopment on-site. Redevelopment, rehabilitation or replacement of any lawfully established dwelling 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 Director 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 Director on a form provided by the Planning and Environmental 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:

(1)

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;

(2)

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;

(4)

Residential county directory entries on or about July 13, 1992;

(5)

Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and term of the rental or occupancy;

(6)

State and/or county licenses, on or about July 13, 1992, indicating the number and types of rental units;

(7)

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

(8)

Similar supporting documentation not listed above as determined suitable by the Planning Director.

Any dwelling unit established after the effective date of the original ROGO should be documented through the ROGO permit allocation system and 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 dwelling 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.

Dwelling units determined to be exempt from the ROGO per this subsection that have not been previously acknowledged by the Planning Director may also be nonconformities, pursuant to Chapter 102, Article III Nonconformities. Such occasions shall require a determination by the Planning Director as to the lawfulness of the nonconformity.

(b)

Transfer off-site. Residential dwelling units and transient units may be transferred to another site in the same ROGO subarea, 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 subarea;

b.

between sites within the Lower Keys ROGO subarea;

c.

between sites within the Big Pine Key and No Name Key ROGO subarea;

d.

from the Big Pine Key and No Name Key ROGO subarea to the Lower Keys ROGO subarea.

(2)

No sender units may be transferred to an area where there are inadequate facilities and services.

(3)

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 dwelling unit, transient unit or affordable housing unit on a receiver site.

(4)

Transfer of Lawfully Established Unit Types:

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 Sections 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 subsection (a) and recognized by the County; and

b.

Located in a Tier I, II, III-A, or III designated area; including any tier within the County's Military Installation Area of Impact (MIAI) Overlay.

(6)

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.

(c)

Procedures for transfer off-site.  

(1)

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 600 feet of the receiver site and owners of real property located within 600 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(c) shall be required for the receiver site, but not the sender site.

(2)

A sender unit shall be assigned a unique identifier number that shall be used for tracking and monitoring by the Planning and Environmental Resources 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.

(d)

Conditions for issuance of permit. No building permit shall be issued for the new dwelling unit, transient unit or affordable housing unit on the receiver site until one of the following conditions is met:

(1)

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)

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

(3)

Restoration of the sender site consistent with an approved restoration/re-vegetation plan.

(e)

Nonresidential use. Nonresidential uses are not affected by residential ROGO.

(f)

Development not increasing hurricane evacuation times. Any applicant that can demonstrate with a traffic study acceptable to county traffic engineers that the proposed development will not increase hurricane evacuation times. All dwelling units to be located in the Ocean Reef master planned community are deemed not to increase hurricane evacuation times.

(g)

Public/governmental uses. Public/governmental uses, including capital improvements and public buildings, as are defined in Section 101-1 shall be exempt from the residential ROGO system.

(h)

Other nonresidential development. Any other use, development, project, structure, building, fence, sign or activity, which does not result in a new dwelling unit shall be exempt from the residential ROGO system.

(i)

Vested rights. Landowners with a valid, unexpired development of regional impact approval granted by the county prior to July 13, 1992, shall be exempt from the residential ROGO system.

(j)

Temporary emergency housing. Temporary emergency housing shall be exempt from the residential ROGO system pursuant to Section 103-3.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)