§ 23-176. Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:

Accessory dwelling unit shall mean living quarters (including kitchen and bathroom facilities) that are separate and distinct from and secondary and subordinate to the primary single-family dwelling unit. The living quarters may be attached to or detached from the primary dwelling unit. An accessory dwelling unit connected to a primary dwelling unit by a breezeway, roofed passage or similar structure shall be deemed a detached accessory dwelling unit

Activity-based park means a park that contains predominantly user-oriented facilities conducive to such activities that include, but are not limited to, tennis, basketball, paved trails, swimming, and baseball.

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.

Capital cost shall mean any expenditure for a capital improvement.

Capital improvements shall include, but not be limited to, site planning, land acquisition, site improvements, buildings, facilities equipment, and motor vehicles, but excludes operations and maintenance. Acquisition of a "capital improvement" means the purchase of a capital improvement that expands the capacity of the Orange County Parks and Recreation Division to provide parks and recreation facilities made necessary by new residential development in the unincorporated area.

Certificate of occupancy shall mean a certificate issued by the Orange County Division of Building Safety upon completion of a building erected in accordance with approved plans, and after final inspection of a building, stating, at a minimum, the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the Florida Building Code.

Community park shall mean a park that usually ranges in size from twenty (20) to one hundred forty-nine (149) acres and, because of the diversity of amenities offered, has a service area ranging from a three-mile radius to the entire county. Community parks are usually located near major collector streets or arterial roads and are most often accessed by car. Community parks typically provide both activity-based amenities such as athletic fields, swimming pools, and multipurpose courts and resource-based amenities such as natural areas for walking, jogging, picnicking, lake access, and other passive recreational activities.

Comprehensive plan shall mean the Orange County 2010-2030 Comprehensive Plan required pursuant to F.S. § 163.3177, (adopted by the board of county commissioners on May 19, 2009, as may be amended or replaced from time to time).

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 shall mean any improvement that requires a building permit.

District park shall mean a park that typically ranges in size from one hundred fifty (150) to five hundred (500) acres and usually has a county-wide service area. Access to district parks is most often by car. These parks are usually classified as resource-based and are usually located contiguous to or encompassing natural resources. Amenities offered typically include playgrounds, play fields, and family recreation centers although, when located near urban or population centers, district parks can provide activity-based recreation facilities such as sports complexes.

Dwelling unit shall mean any of the following: single-family or multifamily dwelling unit, attached or detached dwelling unit, house of conventional construction, mobile homes, manufactured homes, modular homes, and any other structures used for permanent residence or for dwelling purposes, regardless of whether occupied by an owner or tenant. The term shall not include hotel, motel, time-shares, lodginghouse, or recreational vehicle parks.

Impact fee study shall mean the "Orange County Parks and Recreation Impact Fee Update Study" prepared by Tindale-Oliver, dated June 7, 2017.

Level of service shall mean the total capital asset value, as set forth in the impact fee study of parks and recreation facilities per one thousand (1,000) residents in the unincorporated area.

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

Mobile home or manufactured home shall mean a structure transportable in one (1) or more sections, which structure is eight (8) 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.

Modular home shall mean a factory-built home constructed in compliance with the (local or) state building code and consistent with the Florida Department of Economic Opportunity, formerly known as the Florida Department of Community Affairs, as applicable to modular housing.

Multifamily shall mean a dwelling unit located in a building or a portion of a building (including, but not limited to apartments, townhomes, 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.

Parks and recreation facility shall mean an activity-based park or a resource-based park. Such a park shall be limited to a community park, a district park, a regional park, or a specialty park.

Park service area shall mean the approximate geographic area and population served by a parks and recreation facility as set forth in the comprehensive plan.

Regional park shall mean a park that is usually five hundred (500) acres or more and tends to serve a multi-county service area. Access to these parks is most often by car. Regional parks are usually resource-based and located in areas of diverse or unique natural resources, such as lakes, streams, marshes, flora, fauna, or topography. Activity-based facilities may be located at regional parks as long as the activity does not negatively impact the natural resources.

Residential development shall mean any development designed or intended to be used as a dwelling unit.

Resource-based parks shall mean parks that are predominantly natural resource-based and conducive to such activities that include, but are not limited to, fishing, lake swimming, hunting, camping, and picnicking.

Retirement housing/age-restricted housing shall mean housing that prohibits permanent residency (longer than ninety (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 (1) 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).

Single-family shall mean the primary use of a lot for a dwelling unit not attached to any other dwelling unit, including a modular home.

Specialty park shall mean a park designed for predominantly one (1) activity or use such as a multi-use trail, golf course, equestrian complex, sports complex, indoor recreation center, skate park, or historic site. Because their use varies, standards cannot be quantified for specialty parks. The size of specialty parks varies, depending on their particular use. A specialty park typically serves the entire county.

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

(Ord. No. 2006-03 , § 1, 2-7-06; Ord. No. 2009-09 , § 6, 4-7-09; Ord. No. 2009-33 , § 6, 11-3-09; Ord. No. 2012-17 , § 1, 10-30-12; Ord. No. 2018-03 , § 1, 1-9-18)