§ 30-631. Definitions.

For the purposes of this division only, the following words or phrases used herein shall have the following meanings:

Affordable housing trust account means the account established in accordance with subsection 30-641(a) to ensure the in-lieu fees collected pursuant to this section are designated and used for the purposes of planning, subsidizing or developing affordable housing within the village.

Affordable residential dwelling unit or affordable unit mean one of the following:

(1)

An affordable rental dwelling unit shall mean a dwelling unit whose monthly rent, not including utilities, does not exceed 29.32 percent of the monthly household income of the qualifying household, to be enforced by recording of a deed restriction, which shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit, for a term of 30 years from the date of recording, after which time the restriction shall be extended automatically for successive periods of ten years each. All deed restrictions shall be submitted in a form approved by the village attorney.

(2)

An affordable owner-occupied dwelling unit shall mean a dwelling unit whose monthly mortgage payment (including taxes and insurance, but not including utilities) does not exceed 29.32 percent of the monthly household income of the qualifying household, to be enforced by recording of a deed restriction which shall run with and bind the dwelling unit and all subsequent owners of the dwelling unit, for a term of 30 years from the date of recording, after which time the restriction shall be extended automatically for successive periods of ten years each. All deed restrictions shall be submitted in a form approved by the village attorney.

All other residential unit(s) means all other residential units not classified as units occupied by full-time residents.

Average just value means the mean or average estimate of market value for vacant residential lands in the village, as determined by the Monroe County, Florida Property Appraiser, on or about September 1 of each year. The average just value is the quotient of the calculation where the numerator is the sum of the just value for all vacant residential lands and the denominator is the total number of parcels categorized as vacant residential lands in the village.

Employee generating development means residential or nonresidential development designed or intended to permit a use of the land that will increase the size of residential units, contain more dwelling units or nonresidential development than the then existing use of the land, or the making of any material change in the use of any structure or land in a manner that creates an additional need for affordable housing units, unless exempted pursuant to section 30-637.

Existing use is the highest intensity use on a parcel or site within the last 12 months.

Expansion or redevelopment of existing tourist accommodation uses means the expansion or redevelopment of hotels, motels and ancillary spaces within hotels or motels such as restaurants and shops that were existing on the effective date of the ordinance from which this division derives.

Fair market value means the value of land that is determined as part of a provision of land for affordable housing in accordance with subsection 30-639(e). Fair market value shall be established through an appraisal provided by a State of Florida licensed real estate appraiser, or an appraiser who is a member of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers.

Governmental uses means governmental office buildings; parks and recreational areas; military facilities; and other publicly owned facilities.

Gross leasable floor area means the sum of the gross floor area for nonresidential structures, and all covered, unenclosed areas used for commercial activities including outdoor seating areas, except for walkways, stairways, entryways, parking and loading areas or drive-through canopies for nonresidential land uses pursuant to subsection 30-639(a)(2)b.

Independent calculation for alternative mitigation study means a study prepared by an applicant in accordance with section 30-640.

Industrial uses means light manufacturing; lumber yards; warehousing and distribution terminals; equipment and materials storage facilities; and other similar uses.

Institutional uses means churches; private schools; colleges; daycares; privately owned hospitals; homes for the aged; orphanages; clubs; cultural organizations; and similar uses.

Land shall have the same meaning as set forth in F.S. § 380.031(7).

Maximum extent practicable means no feasible or practical alternative exists, as determined by the director, and all possible efforts to comply with the relevant standards or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining "maximum extent practicable".

New tourist/recreational uses means theatres; auditoriums; nightclubs; bowling alleys; tourist attractions; camps; race tracks; golf courses; new hotels, motels and ancillary spaces within hotels or motels such as restaurants and shops.

Office uses means professional and nonprofessional office buildings, professional services buildings, and insurance company offices.

Retail uses means stores, department stores, supermarkets, shopping centers, restaurants, financial institutions, repair service shops, service stations, auto sales and repair, parking lots, and wholesale outlets.

Unit(s) occupied by full-time residents means a residential unit that an applicant/developer can ensure will be occupied by full-time owners or renters having tenancies of six months or longer, in perpetuity.

Vacant residential land means land that is categorized by the Monroe County, Florida Property Appraiser as "vacant residential land" in the village, and that is defined as being vacant, subdivided land available for development of single-family dwelling unit(s).

Workforce housing study means the document providing the technical support and analysis upon which these affordable housing standards are established. It is titled "Islamorada, Village of Islands, Workforce Housing Support Study" (hereinafter "affordable housing study"), dated September 2007, and is incorporated herein by reference.

(Ord. No. 07-23, § 1, 9-27-2007; Ord. No. 12-06, § 2, 6-28-2012)