§ 23-88. Definitions.  


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  • 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. For technical terms not defined herein, refer to the Institute of Transportation Engineers Trip Generation Report, 8th Edition.

    Access improvements shall mean improvements designed to insure safe and adequate ingress and egress.

    Accessory structure or use shall have the meaning contained in Chapter 38-1 of this Code.

    Affordable shall mean as set forth in Orange County Administrative Regulation No. 4.08 as it may be amended or replaced from time to time.

    Agricultural structures shall mean structures, not used as residential dwellings, designed to protect farm equipment or livestock or otherwise serve an agricultural purpose which shall be defined as horticulture, floriculture, viticulture, silviculture, forestry, dairy, livestock, poultry, beekeeping, and all forms of farm products and farm production, excluding sales.

    Alternative Mobility Area (AMA) shall mean the Orange County-established Alternative Mobility Area (AMA) as shown in Map 16 of the Future Land Use Map Series, established to promote urban infill development and redevelopment and maximize the use of existing public infrastructure in established areas of the County.

    Applicant shall mean the person who applies for a building permit.

    Appraised land value shall mean the appraised value of the area contributed or to be acquired calculated based upon the unit value of the parent parcel.

    Assessable trip length shall mean the average length in miles of external trips, excluding the portion on local streets, as determined in the most recent transportation impact fee study adopted by the BCC.

    Building permit shall mean an official document or certificate issued by the authority having jurisdiction authorizing the commencement of construction of any building or parts thereof. The term also includes a tie-down permit for a new mobile home unit, but not for a new recreational vehicle. The term also includes construction plan approval for new recreational vehicle spaces.

    Capacity shall mean the maximum number of vehicles for a given time period that a typical new roadway lane can safely and efficiently carry, usually expressed in terms of vehicles per day.

    County engineer shall mean the director of public works or the person designated as the County Engineer by the County Administrator.

    County facilities constructed for nonproprietary governmental purposes shall mean facilities constructed by or for the county to be used for governmental purposes, but shall exclude Orange County Utilities Department and Orange County Convention Center Facilities.

    Development permit shall include any building permit, zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of the local authority with jurisdiction, which has the effect of allowing the development of land.

    Diverted traffic shall mean traffic that is transferred from another transportation route, corridor, or mode.

    Encumbered shall mean (with reference to funds for capital improvements) funds committed in the capital improvements program for a specified improvement within a defined period of time.

    External trip shall mean any trip that has either its origin or destination at the development site and that impacts the applicable road network system.

    Gross floor area (GFA) shall mean that area within the outside faces of principal exterior walls, not including architectural setbacks or projections. Included are all areas that have floor surfaces with clear standing head room, regardless of their use, that are under roof and enclosed. Unroofed and roofed, unenclosed spaces outside the principal exterior walls should be excluded from the area calculations.

    Gross leasable area (GLA) shall mean the total gross floor area designed for tenant occupancy and exclusive use. GLA is the area for which tenants pay rent. For specialty retail centers, strip centers, discount stores, and freestanding retail facilities, GLA usually equals GFA.

    Impact fee eligible improvement shall mean a transportation improvement, as determined by the county engineer, pursuant to Administrative Regulation Number 4.03, for which planning, design, right-of-way acquisition, construction, and improvement costs are eligible for transportation impact fee funding.

    Internal trip shall mean a trip that has both its origin and destination within the applicable development site.

    Land use shall mean a land use type as listed or referred to in section 23-92 of this Code.

    Local streets shall mean streets, for which impact fees are not used, serving primarily to provide direct access to abutting land; they accommodate traffic originating in or traveling to properties within a neighborhood or commercial or industrial development.

    Mixed use structure shall mean a single building or structure which includes two or more primary land uses; the impact fee is determined by apportioning the total space within the building or structure to the amount of space devoted to each primary use. Shopping centers are not mixed use structures.

    Off-site improvements shall mean transportation improvements located outside of the boundaries of the parcel proposed as a development site, which transportation improvements are required by the county in order to serve the development's external trips. Off-site improvements do not include access improvements, as defined herein.

    Parent parcel shall mean the total square footage of the project or phase thereof, irrespective of the area or number of individual lots affected by the contribution of land or acquisition of land.

    Student housing shall meet the definition contained in section 38-1 of this Code and shall have (i) its property boundary located within one-half (½) mile of any principal entrance of a college, university, or community college, (ii) ample on-site bicycle and pedestrian paths, and (iii) regularly available shuttle service.

    Total trip length shall mean the assessable trip length plus an adjustment factor of one-half (½) mile.

    Tourist hotels shall mean hotel developments focused on tourist commercial activities and located within that geographical area established by Resolution No. 95-M-103, as it may be amended from time to time, which sets forth the International Drive Master Transit and Improvement District Municipal Service Taxing Unit (MSTU). Resolution No. 95-M-103, as it may be amended from time to time, is incorporated into this section by this reference. The MSTU/tourist commercial activities area is demarcated by the bold lines depicted on the map attached to Ordinance No. 2013-05 as Exhibit "A," the original of which is available for inspection in the office of the Planning Division. Hence, a tourist hotel is one that primarily serves tourist and/or convention clienteles and is geographically located within a predominantly tourist-oriented activity area. Normally, these developments accommodate trips made by multiple modes of transportation such as bus, shuttle, rail and pedestrian travel. In general, such hotels experience lower vehicle trip generation rates and shorter trip lengths due to their surroundings and type of clientele.

    Tourist retail shall mean retail developments focused on tourist commercial activities and located within that geographical area established by Resolution No. 95-M-103, as it may be amended from time to time, which sets forth the International Drive Master Transit and Improvement District Municipal Service Taxing Unit (MSTU). Resolution No. 95-M-103, as it may be amended from time to time, is incorporated into this section by this reference. The MSTU/tourist commercial activities area is demarcated by the bold lines depicted on the map attached to Ordinance No. 2013-05 as Exhibit "A," the original of which is available for inspection in the office of the Planning Division. Tourist retail developments cater to a tourist clientele and are surrounded by similar types of land uses. Typically, tourist retail developments provide products that are of interest mainly to the tourist community. Furthermore, these retail uses accommodate high levels of pedestrians and transit due to the general character of their locations.

    Traffic-generating development shall mean land development designed or intended (i) to permit a use of the land which will contain more dwelling units or floor space than the then existing use of land, or (ii) to otherwise change the use of the land in a manner that increases the generation of vehicular traffic.

    Transportation facility shall mean:

    (within AMA): The components of a transportation network, including roadways, intersections, turn lanes, sidewalks, bicycle facilities, and public transportation vehicles and facilities (such as bus stops, shelters, benches, and transfer stations, excluding rail) within the AMA of Orange County.

    (outside AMA): The components of a transportation network, including roadways, intersections, turn lanes, sidewalks, and bicycle facilities.

    Transportation Impact Fee Study shall mean the study entitled Orange County Transportation Impact Fee Update dated September 5, 2012, as amended December 27, 2012. The study reflects changes to the cost, credit, and demand components of the Orange County Transportation Impact Fee Ordinance, and develops a separate multi-modal fee for the designated Alternative Mobility Area (AMA).

    Transportation network shall mean:

    (within AMA): The transportation system that includes the major road network, sidewalk and bicycle facilities within the public right-of-way, and public transportation vehicles and facilities (excluding rail) within the AMAs of Orange County.

    (outside of AMA): The transportation system that includes the major roadway network within the unincorporated Orange County.

    Trip shall mean a one-way movement of vehicular travel from an origin (one (1) trip end) to a destination (the other trip end). For the purposes of this article, trip shall have the meaning that it has in commonly accepted traffic engineering practice and that is substantially the same as the definition in the previous sentence.

    Trip generation shall mean the attraction and/or production of trips caused by a given type of land development.

(Ord. No. 2012-22 , § 2, 11-13-12; Ord. No. 2013-05 , §§ 1, 2, 2-12-13)