§ 30-741. Definitions.

As used in this article, the terms listed below shall have the meanings as set forth below:

Administrative rezoning: A rezoning initiated by a local government jurisdiction.

Applicant: The individual or entity submitting a request for proposed rezoning or comprehensive plan amendment.

Capacity enhancement agreement: An agreement between the school board and an applicant providing for sufficient capacity to accommodate the additional students that will be generated by a proposed rezoning or comprehensive plan amendment that also serves to certify to a significantly affected local government jurisdiction that the school board will have sufficient capacity to accommodate the additional students generated by the proposed rezoning or comprehensive plan amendment.

Comprehensive plan amendment: An amendment to a local government's comprehensive plan pursuant to F.S. ch. 163, including an amendment to the future land use map, which will result in a net increase of Residential Units on the property that is the subject of the amendment.

County: Orange County government.

De minimis impact: A comprehensive plan amendment or rezoning that would, if approved, result in a net increase of less than ten (10) residential units. However, a comprehensive plan amendment or rezoning for a property shall not be deemed to have a de minimis impact if, when the impact for such property is aggregated with a previous de minimis impact determination for adjacent property, the number of units equals or exceeds ten (10) residential units, and the subject property is in the same ownership or chain of title as the subject adjacent property.

Interlocal agreement regarding school capacity: An agreement entered into by the school board and Orange County or affected municipalities that establishes the process for determining the availability of school capacity and the roles and responsibilities of the respective parties in determining and resolving school capacity issues and the process for creating capacity enhancement agreements.

Orange County: All of the geographical area contained within the boundaries of Orange County, including both incorporated and unincorporated area.

OCPS: Orange County Public Schools, the Orange County school district.

Residential unit: Single-family or multifamily dwelling unit, attached or detached dwelling, house of conventional construction, mobile home, manufactured home, and any other structure used for permanent residence or for dwelling purpose, regardless of whether occupied by an owner or tenant.

Rezoning: A change in zoning classification that will result in a net increase of residential units on the property that is the subject of the rezoning. The term "rezoning" shall also mean any land use change not necessarily denoted or characterized as a rezoning (such as a change to a land use plan, master plan or development plan in a mixed use development, development of regional impact, planned unit development, etc.) that will result in a net increase of residential units on the property.

School board: The school board of Orange County, Florida, the governing body of Orange County Public Schools.

Significantly affected local government jurisdiction: A local government jurisdiction, either unincorporated Orange County, or a municipality within Orange County, in which ten (10) percent or more of the student population of a public school that is affected by a proposed comprehensive plan amendment or rezoning resides.

(Ord. No. 2006-04 , § 1, 5-9-06)