§ 23-161. Exemptions.

The following shall be exempted from payment of the impact fees:

(1)

Alterations or expansion of an existing dwelling unit where no additional dwelling units are created.

(2)

The construction of accessory buildings or structures which will not create additional dwelling units.

(3)

The replacement of a dwelling unit where no additional dwelling units are created and where the replacement dwelling unit is located on the same lot, provided the original dwelling unit was located on the site as of January 1, 1993, or thereafter. If the type of dwelling unit is different from the original dwelling unit type, the exemption shall be limited to the equivalent fee for the original dwelling unit. Documentation of the existence of the original dwelling unit must be submitted to the concurrency management official.

(4)

The issuance of a tie-down permit for a mobile home on which the applicable school impact fee has previously been paid for the lot upon which the mobile home is to be situated.

(5)

Government-owned residential construction.

(6)

Senior housing that prohibits permanent residence (longer than 90 days) by persons under the age of eighteen (18) by recorded deed restriction, recorded declaration of covenants and restrictions, recorded plat restrictions, or other restrictions provided by law, and which qualifies as one of the three (3) types of communities designed for older persons as "housing for older persons" in the Housing for Older Persons Act, 42 U.S.C. § 3607(b). This exemption shall be applied in conformity with the principles set forth in Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d., 126 (Fla. 2000). Provided, however, that any senior housing community or dwelling unit that loses its qualification as housing for older persons or that allows permanent occupancy by persons under the age of eighteen (18) may be required to pay the school impact fee in effect at the time of the loss of the qualification as housing for older persons or the permanent occupancy by persons under the age of eighteen (18). Collection of school impact fees at the time shall be pursuant to the remedial collection methods set forth in section 23-164, Orange County Code. Permanent occupancy by a person under the age of eighteen (18) may be determined by the school district by a student's address while enrolled in public school.

(7)

Student housing.

(8)

The construction of an accessory dwelling unit as defined in section 38-1, Orange County Code, provided, however, that the living area of the accessory dwelling unit does not exceed five hundred (500) square feet.

(9)

County facilities constructed for nonproprietary governmental purposes.

(Ord. No. 92-28, § 3.01, 9-22-92; 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. 2011-05 , § 2, 6-7-11; Ord. No. 2016-08 , § 2, 5-10-16)