§ 8.5-21. Definitions.

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

Accessory building or structure shall mean a detached, subordinate building, meeting all property development regulations, the use of which is clearly incidental and related to the use of the principal building or incidental to the previous use to which the vacant land is devoted, and which is located on the same lot as that of the principal building or vacant land use.

Alternative fire impact fee shall mean any alternative fee calculated by an applicant and approved by the city community development director pursuant to section 8.5-42.

Alternative impact fee shall mean collectively the alternative fire impact fee and the alternative police impact fee.

Alternative police impact fee shall mean any alternative fee calculated by an applicant and approved by the city community development director pursuant to section 8.5-42.

Apartment shall mean a rental dwelling unit located within the same building as other dwelling units.

Applicant shall mean the person who applies for a building permit.

Building shall mean any structure, either temporary or permanent, built for the support, shelter, or enclosure of persons, chattels, or property of any kind. This terms shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit.

Building permit shall mean an official document or certificate issued by the city, under the authority of ordinance or law, authorizing the construction or siting of any building. "building permit" shall also include site plan approvals, or other development orders for those activities, structures, or buildings that do not require a building permit in order to be undertaken.

City shall mean the City of South Daytona, Florida.

City fire rescue system shall mean the buildings, land, apparatus, and equipment used by the city in the suppression and prevention of fires, responses to medical emergencies or other distances and the handling of incidents involving hazardous materials.

City manager shall mean the chief administrative officer of the city, appointed by the council or the designee of such person.

City community development director shall mean the planning director for the city or the designee of such person.

City police system shall mean the buildings, land, apparatus, and equipment used by the city in the apprehension, prevention or investigation of criminal violations within the city.

Comprehensive plan shall mean the comprehensive plan of the city adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act as contained in Part II, Chapter 163, Florida Statutes, or its statutory successor in function.

Condominium shall mean a single-family or time-sharing ownership unit that has at least one (1) other similar unit within the same building structure. The term condominium includes all fee simple or titled multi-unit structures, including townhouses.

Council shall mean the City Council of the City of South Daytona, Florida.

Dwelling unit shall mean a building, or portion thereof, designed for residential occupancy, consisting of one (1) or more rooms which are arranged, designed or used as living quarters for one (1) or more persons.

Encumbered shall mean monies committed by contract or purchase order in a manner that obligates the city to expend the encumbered amount for the delivery of goods, the completion of services, the conveyance of right-of-way by a vendor, supplier, contractor or owner.

Fire impact construction shall mean land construction designed or intended to permit a use of the land which will contain more dwelling units, buildings or floor space than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the city fire rescue system.

Fire impact fee shall mean the fire impact fee imposed by the city pursuant to section 8.5-61.

Fire impact fee land use category shall mean those categories of land use incorporated in the fire impact fee rate schedule in section 8.5-61.

Fire impact fee rate study shall mean the study adopted pursuant to section 8.5-24, as it may be amended and supplemented pursuant to section 8.5-82.

Governmental buildings or facilities shall mean property owned by the united states of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special district, a school district, or a municipal corporation.

Impact fee land use category shall mean collectively the fire impact fee land use categories and the police impact fee land use categories.

Impact fee studies shall mean collectively the fire impact fee rate study and the police impact fee rate study, as adopted in section 18.5-24.

Impact fees shall mean collectively the fire impact fee and the police impact fee.

Impact construction shall mean collectively fire impact construction and police impact construction.

Mixed use impact construction shall mean a police impact construction or a fire impact construction in which more than one (1) impact fee land use category is contemplated with each category constituting a separate and identifiable enterprise not subordinate to or dependent on other enterprises within the impact construction.

Multi-family residential shall mean dwelling units located within the same building as other dwelling units, including apartments, condominiums and duplexes.

Ordinance shall mean this public safety impact fee ordinance.

Owner shall mean the person holding legal title to the real property containing either fire impact construction or police impact construction, as applicable.

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

Police impact construction shall mean land construction designed or intended to permit a use of the land which will contain more dwelling units, buildings or floor space than the existing use of land, or to otherwise change the use of the land in a manner that increases the impact upon the city police system.

Police impact fee shall mean the police impact fee imposed by the city pursuant to section 8.5-71.

Police impact fee land use category shall mean those categories of land use incorporated in the police impact fee rate schedule in section 8.5-71.

Police impact fee rate study shall mean the study adopted pursuant to section 8.5-24, as it may be amended and supplemented pursuant to section 8.5-82.

Single-family residential shall mean a home on an individual lot.

Square footage shall mean the gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the building, excluding areas within the interior of the building which are used for parking.

(Ord. No. 04-20, § 1.01, 7-27-04)