§ 30-362. Definitions.

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

Binding letter of vested rights. A letter issued by the Florida Department of Community Affairs or its predecessor pursuant to F.S. § 380.06(4), determining that the right to undertake or complete a DRI without undergoing development-of-regional-impact review is vested pursuant to F.S. § 380.06(20).

Building. Any structure that encloses a space used for sheltering any occupancy.

Comprehensive policy plan or comprehensive plan or plan. The comprehensive plan required by the Local Government Comprehensive Planning and Land Development Regulations Act (F.S. §§ 163.3161—163.3243) and adopted by the board of county commissioners on July 1, 1991, by Ordinance No. 91-16, as such plan may be amended from time to time.

Construction. The introduction and use at the development site of more than inconsequential amounts of both labor and materials in the assembly and erection of the structures or infrastructure associated with the particular development in a manner consistent with development permits which have been issued by the county. Construction typically means more than mere clearing, grubbing, grading, and staking the development site and includes good faith efforts on the part of the landowner to proceed under, not merely to prolong the effectiveness of, the development order or permit or approval in question.

Development. Any activity or operation described in F.S. § 380.04, as it may from time to time be amended, or in any successor legislation. However, to the extent § 380.04 conflicts with the definition of "subdivision" below, the latter shall govern.

Development of regional impact or DRI. Any development described in F.S. § 380.06(1) as it may from time to time be amended, or in any successor legislation.

Development order. Any order issued by the county granting, denying or granting with conditions an application for a development permit as that term is defined in F.S. § 163.3164.

Good faith. Honesty of intention, and freedom from actual or constructive knowledge of circumstances which ought to put the holder upon inquiry. Good faith shall not encompass dishonest, fraudulent or deceitful action, ignorance of the law, mistake of law, circumvention of legal requirements, or delay resulting from neglect or lack of diligence.

Land. The earth, water and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land development code. The Orange County Land Development Regulations which are consistent with and implement the comprehensive policy plan pursuant to the requirement of F.S. § 163.3202 and which the county is obligated by F.S. ch. 163 to enforce.

Lot or parcel of land. Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Party.

(1)

A specifically named person whose substantial interests are being determined in a vested rights proceeding.

(2)

Any other person who is entitled to participate in the vested rights proceeding because the person's substantial interests may be affected by the vested rights determination, and who makes an appearance at the proceeding.

(3)

Any other person allowed by the hearing officer for good cause to intervene or participate in the vested rights proceeding.

(4)

Any agent, representative, or counsel of any person described in subparagraphs (1), (2) or (3) above.

Person. An individual, corporation, partnership, governmental agency, business trust, estate, trust, association, two (2) or more persons having a joint or common interest, or any other legal entity.

Structure. Anything constructed, installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.

Subdivision. Any subdivision of land as defined in section 30-78 of this Code.

(Ord. No. 91-18, § 1, 9-10-91; Ord. No. 91-26, § 2, 12-10-91)