§ 23-98. Exemptions and discounts.

(a)

Exemptions. To the extent no additional traffic is anticipated to be generated, the following shall be exempted from payment of transportation impact fees:

(1)

Alterations of an existing structure where the use and total footprint/size are not changed.

(2)

The construction of up to twenty-five (25) percent of the square footage relative to a primary use, individually or cumulatively, of an accessory use that is subordinate and intrinsic to the primary use, not measured in the same units for transportation impact fee assessments as the primary use, and typically included in the transportation impact fee rate for the primary land use (e.g., a hotel's lobby space, laundry facilities, etc.).

(3)

The replacement of a building or structure with an equivalent new building or structure, provided the previous building or structure was located on the same parcel site in 1983 or thereafter. If the land use of the replacement building or structure is different from that of the previous structure, the exemption shall be limited to the current equivalent fee for the original structure. Documentation of the existence of the building or structure shall be submitted to the Community, Environmental, and Development Services Department, Fiscal and Operational Support Division. This section is not intended to preclude architectural enhancements or facade improvements to an existing structure as long as no additional net usable square footage is added. When determining the amount of exemption, the highest and best use previously assessed and paid shall be used.

(4)

The construction of agricultural structures as defined in section 23-88.

(5)

Golf courses constructed in conjunction with and as part of a resort hotel or time share.

(6)

Toll facility service plazas.

(7)

Covered parking or parking garages.

(8)

County facilities constructed for nonproprietary governmental purposes.

(9)

Structures or buildings that, due to and as a part of condemnation proceedings by the county and subject to a formal written agreement between the owner and the county, are moved to another parcel within the same impact fee zone.

(10)

Structures or buildings constructed entirely by or for Orange County Public Schools or by or for a Florida College System Institution or State University, as those terms are defined in Section 1000.21, Florida Statutes.

(11)

The foregoing section 23-98(a)(3) notwithstanding, for the period from November 13, 2009, through August 15, 2014, and regardless of the impact on traffic generation rates, change in use permits and alterations of a residential structure existing as of September 17, 2008, where the use is changed, provided such new use is located within the urban service area boundary, is consistent with the existing zoning of such property and consistent with the county's current Comprehensive Plan, and provided further that the size of the existing structure is not increased, and the footprint of the existing structure is not modified, shall be exempted from payment of the transportation impact fee in an amount up to, but not exceeding, one hundred thousand dollars ($100,000.00).

(b)

Discounts.

(1)

Notwithstanding that there may be an increase in traffic generation associated with the use, any affordable single-family residential unit, affordable multifamily unit, or affordable mobile home unit to be constructed within a project which has received a certificate of affordability from the county's Housing and Community Development Division shall be eligible for a discount on the applicable transportation impact fee according to the procedures set forth in Orange County Administrative Regulations Nos. 4.08 and 4.08.01, as may be amended or replaced from time to time.

(2)

The county shall not increase the amount of the transportation impact fee payable under section 23-92 to replace any revenue not collected due to discounts granted under this subsection.

(3)

The BCC may adopt administrative regulations and guidelines to implement subsection 23-98(b) and to ensure that a housing unit which is granted a discount remains affordable.

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