§ 23-121. Definitions.

When used in this article, the following terms shall have the following meanings, unless the context otherwise clearly requires:

Accessory building or structure shall mean a detached, subordinate building, the use of which is clearly indicated and related to the use of the principal building or use of the land and which is located on the same lot as the principal building or use.

Affordable housing shall mean housing as described in section 23-163 hereof and defined in Orange County Administrative Regulation 4.08.

Alternative school impact fee shall mean any alternative fee calculated by an applicant and approved by the county in consultation with the superintendent or the school board pursuant to sections 23-144 and 23-145.

Ancillary plant shall mean the buildings, sites and site improvements necessary to provide support services to educational programs and shall include, but not be limited to, such facilities as vehicle maintenance, warehouses, maintenance or administrative buildings not located at educational plants. Any such building, site, or site improvement may be independently referred to as an ancillary facility.

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

Auxiliary facilities shall mean those portions of an educational plant which are not designated for student occupant stations.

Board shall mean the Board of County Commissioners of Orange County, Florida.

Building shall mean any structure, either temporary or permanent, designed or built for the support, enclosure, shelter or protection of persons, chattels, or property of any kind.

Building permit shall mean the official document or certificate issued by a city or the county under the authority of ordinance or law, authorizing the commencement of construction of any residential building, or parts thereof. For purposes of this article, the term "building permit" shall also include tie-down permits for a mobile home.

Certificate of occupancy shall mean an official document or certificate issued by the building official having jurisdiction which signifies: (i) that all inspections required under the building permit for compliance with applicable building and technical codes have been completed, and (ii) the building may be occupied for its intended use.

Cities shall mean collectively the Cities of Apopka, Bay Lake, Belle Isle, Edgewood, Lake Buena Vista, Maitland, Ocoee, Orlando, Winter Garden, Winter Park and the Towns of Eatonville, Oakland and Windermere.

City attorney shall mean the person appointed by a city commission to serve as its counsel, or the designee of such person.

City commission shall mean the governing body of each of the cities.

Comprehensive plan shall mean the comprehensive plan of the county adopted and amended pursuant to chapter 163, part II, Florida Statutes, as amended and supplemented, or its successor in function.

County shall mean Orange County, a charter county and a political subdivision of the State of Florida.

County attorney shall mean the person appointed by the board of county commissioners to serve as its counsel, or the designee of such person.

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 mean any building permit, zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

Duplex shall mean a building with two (2) dwelling units which has two (2) kitchens and is designed for or occupied exclusively by two (2) families. The units of a duplex must be connected by a common wall.

Dwelling unit shall mean a building, or a portion thereof, which is designed for residential occupancy, consisting of one (1) or more rooms which are arranged, designed or used as living quarters for one (1) family only, but excluding "time-share estates" and "time-share licenses" as defined in chapter 721, Florida Statutes; "student housing" as defined in section 38-1, Orange County Code; or "housing for older persons" as further defined in section 23-161(6), Orange County Code.

Educational facilities shall mean the buildings and equipment, structures, and special educational use areas that are built, installed or established to serve primarily educational purposes and which may lawfully be used as authorized by the Florida Statutes and approved by the school board.

Educational plant shall mean the educational facilities, site, and site improvements necessary to accommodate students, faculty, administrators, staff and the activities of the educational program of each plant, and shall include both the educational and auxiliary facilities but shall not include modular or portable classrooms.

Encumbered shall mean moneys committed by contract or purchase order in a manner that obligates the county, the city or the school board to expend the encumbered moneys upon delivery of goods, the rendering of services or the conveyance of real property by a vendor, supplier, contractor or owner.

Impact fee or school impact fee shall mean the fee imposed pursuant to section 23-141 of this article.

Impact fee study shall mean the study adopted pursuant to section 23-124, Orange County Code.

M.A.I. appraiser shall mean a member of the American Institute of Real Estate Appraisers.

Mobile home shall mean a structure transportable in one (1) or more sections, which structure is eight (8) body feet or more in width and over thirty-five (35) feet in length, and which structure is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Multifamily dwelling unit shall mean a dwelling unit located in a building or a portion of a building (including, but not limited to accessory dwelling units, apartments, duplexes, triplexes, quadraplexes, and condominiums), regardless of form of ownership, which building contains more than one (1) dwelling unit designed for occupancy by a single family, and such dwelling units are customarily offered for rent on a monthly basis, generally for a minimum six-month lease period.

Owner shall mean the person holding legal title to the real property upon which residential construction is to be built.

Person shall mean an individual, a corporation, a partnership, an incorporated association or any other similar entity.

Public schools shall mean all kindergarten classes; elementary, middle and high school grades and special classes; and all adult, part-time, vocational and evening schools, courses or classes operated by law under the control of the school board.

Quadraplex shall mean a building with four (4) dwelling units which has four (4) kitchens and is designed for or occupied exclusively by four (4) families. Each unit of a quadraplex must be connected by a common wall.

Residential means multifamily dwelling units, mobile homes, townhouses, or single-family detached houses.

Residential construction shall mean land development designed or intended to permit more dwelling units than the existing use or nonuse of land contains.

School board shall mean the School Board of Orange County, Florida, which is the governing body of the School District of Orange County, Florida.

School board attorney shall mean the person appointed by the school board to serve as its counsel, or the designee of such person.

School impact fee trust account shall mean the separate trust account created pursuant to section 23-143, Orange County Code.

School system shall mean the educational and ancillary plants which are used to provide instruction within the public schools or the administrative or support activities related thereto.

Single-family detached house shall mean a dwelling unit on an individual lot, including detached houses on lots less than fifty (50) feet wide, such as zero lot line homes and manufactured homes.

Student housing shall mean any multi-family development or portion thereof where the dwelling units are designed and constructed as three (3) or more bedrooms with three (3) or more bathrooms which is marketed and/or rented to students attending a local college, university, community college, or private school, or any multi-family development or portion thereof comprised of dwelling units consisting of three (3) or more bedrooms and less than three (3) bathrooms where the bedrooms are leased separately.

Student occupant station shall mean the area necessary for a student to engage in educational activities, excluding ancillary and auxiliary spaces.

Superintendent shall mean the chief administrative officer of the public schools as appointed by the school board or the designee of such person.

Time-share property shall mean the facilities and accommodations offered in a time-share plan that are classified as time-share estates and time-share licenses as those terms are defined in F.S. ch. 721 (2006).

Townhouse shall mean a self-contained dwelling which is designed and constructed so that the unit and the lot on which it is located may be individually owned. Townhouse units are separated by fireproof and soundproof walls and are designed to provide privacy.

Triplex shall mean a building with three (3) dwelling units which has three (3) kitchens and is designed for or occupied exclusively by three (3) families. Each unit of a triplex must be connected by a common wall.

Workforce housing shall mean housing as described in section 23-163 hereof and defined in Orange County Administrative Regulation 4.08.

(Ord. No. 92-28, § 1.01, 9-22-92; Ord. No. 98-31, § 1, 11-3-98; Ord. No. 99-02, § 9, 1-26-99; Ord. No. 2005-03 , § 2, 3-8-05; Ord. No. 2007-12 , §§ 1, 2, 10-23-07; Ord. No. 2009-09 , § 5, 4-7-09; Ord. No. 2009-33 , § 5, 11-3-09; Ord. No. 2011-05 , § 2, 6-7-11; Ord. No. 2016-08 , § 2, 5-10-16)

Cross reference

Rules of construction and definitions, § 1-2.