§ 30-374. Developments entitled to exemption from school concurrency.

Certain development may be exempt from school concurrency as provided below:

(a)

Exemptions. The following types of developments are exempt from the requirements of school concurrency if any of the following exemptions have been met; provided, however, the exemption shall not be granted until an application for school concurrency exemption, accompanied by sufficient documentation and any applicable fee, is submitted and approved by the concurrency management official:

(1)

De minimis. Any residential development that creates an impact of less than one (1) student.

(2)

Existing lot of record. One (1) single-family house, one (1) duplex, and/or one (1) accessory multifamily unit being developed on an existing single platted residential lot of record on or before September 16, 2008.

(3)

Building permit. Any building or structure that has received a building permit as of September 16, 2008.

(4)

Nonsubstantial amendment to previously approved residential development. Any amendment to any previously approved residential development, which does not increase the number of dwelling units or change the type of dwelling units (e.g., converts single-family to multifamily, etc.).

(5)

Housing for older persons. Any age-restricted community that 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). 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 shall be required to meet applicable school concurrency requirements in effect at the time the qualification as housing for older persons is lost.

(6)

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

(7)

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

(8)

Dwelling unit replacement. 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. If the type of dwelling unit is different from the original dwelling unit type, the exemption shall be limited to an exemption based on the current student generation rate for the original dwelling unit type. Documentation of the existence of the original dwelling unit must be submitted to the concurrency management official.

(9)

Group living facilities. Group living facilities that do not generate students which include residential facilities such as local jails, prisons, hospitals, bed and breakfast, motels and hotels, temporary emergency shelters for the homeless, adult halfway houses, firehouse sleeping quarters, dormitory-type facilities for post-secondary students, and religious non-youth facilities, regardless of whether such facilities may be classified as residential uses.

(b)

Vested rights. The following types of developments may be exempted from the requirements of school concurrency by a school concurrency vested rights certificate; provided, however, a certificate shall not be issued until an application for school concurrency vested rights, accompanied by sufficient documentation and any applicable fee, is submitted and approved by the concurrency management official based on a review by the Orange County Attorney's Office:

(1)

Approved site plan/plat. Any new residential development that has site plan approval for a site pursuant to a specific development order approved on or before September 16, 2008, including the portion of any project that has received final subdivision plat approval as a residential subdivision into one (1) dwelling unit per lot.

(2)

DRI development order. Developments of regional impact that have filed a complete application for a development order prior to May 1, 2005, or for which a development order was issued prior to July 1, 2005.

(3)

Developers agreement. The portion of any residential development that, on or before September 16, 2008, is the subject of a binding and enforceable developers agreement or capacity enhancement agreement designated as a capacity commitment agreement by resolution of the school board.

(4)

Common law. Any other project for which there is proof that, as of September 16, 2008:

a.

A development order has been issued or the county has otherwise taken official action specifically with respect to development of the property; and

b.

Extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the development have been incurred or there has otherwise been a substantial change in position; and

c.

Such obligations, expenses, and changes in position were undertaken by the property owner in good faith reliance on the actions taken by the county; and

d.

It would be unfair to deny the property owner the opportunity to complete the project based on the project's effects on the levels of service for public schools as adopted by the comprehensive plan and implemented through the county concurrency management system.

(c)

County review of application. The county shall determine within forty-five (45) business days from receipt of a completed exemption application or school concurrency vested rights application, whether the applicant has satisfied the applicable criteria for the exemption or vested rights certificate and shall notify the applicant and the school board in writing of its determination.

(Ord. No. 2010-10 , § 2, 9-21-10)