§ 138-47. Nonresidential Rate of Growth Ordinance (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 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 residential uses, including spaces occupied by a transient residential unit and an institutional-residential use as defined in Section 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 accounts that cumulatively establish the NROGO bank. There are two accounts within the NROGO bank, with each carrying an independent balance of nonresidential floor area: 1) the Big Pine/No Name ROGO subarea account; and 2) the Upper and Lower Keys general (joint) account.

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.

Quarterly nonresidential ROGO allocation period means any one of the four periods within an annual 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. The 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 growth.

(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.

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