§ 22-4. Definitions.
The following words, terms and phrases, when used in Chapter 22, shall have the meaning ascribed to them in this chapter, except where the context clearly indicates a different meaning. For words, terms and phrases not listed in this section, reference shall be made to Chapter 2, Lake County Code, Appendix E, Land Development Regulations.
(1)
Accessory building or structure is a detached, subordinate building, the use of which is clearly indicated and related to the use of the principal building or use of the land and which is located on the same lot as the principal building or use.
(2)
Active adult community is defined as a community which meets the definition of housing for older persons contained in this Code, which has been approved by the county attorney to be exempt from educational system impact fees pursuant to section 22-14(8), and which contains on-site facilities and services specifically designed to meet the physical or social needs of its residents, such as pools, spas, tennis courts, basketball courts, golf courses, horseshoe areas, bachi courts, community center, banquet halls, health gyms, clubhouses and/or other sports or activities for use by the residents, including at least one thousand (1,000) square feet of building space per one hundred (100) dwelling units. If a community ceases to contain at least two (2) or more of such facilities or services, and a minimum of at least one thousand (1,000) square feet of building space for residents per one hundred (100) dwelling units, the applicable transportation impact fee in effect at the time of the change in circumstances shall be due and payable for all such residential units located within the subdivision, mobile home or manufactured housing park, or multi-family structure. To be recognized as being within the active adult transportation impact fee category, the property must meet the above described qualifications
(3)
Ancillary plant includes the buildings, sites and site improvements necessary to provide support services to educational programs and shall include, but not be limited to, such facilities as vehicle maintenance, warehouses, maintenance or administrative buildings not located at educational plants. Any such building, site or site improvement may be independently referred to as an ancillary facility.
(4)
Apartment is a rental dwelling unit located within the same building as other dwelling units.
(5)
Assisted living facilities are any building or buildings licensed as an assisted living facility pursuant to F.S. Ch. 400, Pt. III, or its statutory successor in function.
(6)
Auxiliary facilities shall mean those portions of an educational plant which are not designated for student occupant stations.
(7)
Building is any structure, either temporary or permanent, designed or built for the support, enclosure shelter or protection of persons, chattels or property of any kind. This term shall include trailers, mobile homes or any other vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a construction.
(8)
Capital equipment is equipment with a life expectation of three (3) years or more.
(9)
Capital improvement includes expenditures for facility planning, land acquisition, site improvements, construction, necessary off-site improvements, acquisition of, or additions to buildings and capital equipment, but excludes maintenance and operation.
(10)
Condominium is a dwelling 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 and duplexes.
(11)
County fire rescue system shall mean the buildings, apparatus, and capital equipment provided by the county that are used for suppression and prevention of fires, responses to medical emergencies or other disasters and the handling of incidents involving hazardous materials.
(12)
County library system shall mean the buildings, books, periodicals, audio and video resources and equipment, computer equipment and facilities and other collection items provided by the county and/or a municipal member of the public library cooperative.
(13)
County park system shall include all parks owned and operated by the county, including active parks, passive parks, water access sites, and associated recreational facilities and buildings, but does not include those parks and recreational facilities that are owned and operated by a municipal corporation within the county or those parks that are owned and operated by the State of Florida. County park system shall include the system of trails owned and operated by Lake County.
(14)
Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three (3) or more parcels.
(15)
Development order/permit means any order granting, denying, or granting with conditions an application to carry out development.
(16)
Dwelling unit is a building, or a portion thereof, which is designed for residential occupancy, consisting of one (1) or more rooms which are arranged, designed or used as living quarters for one (1) family only. For purposes of the educational impact fee only, the term dwelling unit excludes assisted living facilities and time-share property.
(17)
Educational facilities shall mean the building, furniture and equipment that are built, installed or established to serve educational purposes and are designated for student occupant stations or to facilitate the delivery of educational services.
(18)
Educational plant shall mean the land, building, furniture, equipment and site improvements necessary to accommodate students, faculty, administrators, staff and the activities of the educational programs and services for each student and shall include both the educational facilities and auxiliary facilities.
(19)
Educational system shall mean the educational plants and ancillary plants which are used to provide instruction within the public schools or the administrative or support activities related thereto.
(20)
Educational system impact fee shall mean the fee imposed pursuant to section 22-22 of the Lake County Code, as it may be amended from time-to-time.
(21)
Fire rescue impact construction shall mean 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 county fire rescue system.
(22)
Fire rescue impact fee shall mean the fee imposed by the county pursuant to section 22-47 of the Lake County Code, as it may be amended from time-to-time.
(23)
Fire rescue impact fee land use category shall mean those categories of land use incorporated in the fire impact fee rate schedule in section 22-47 of the Lake County Code.
(24)
Fire rescue impact fee study shall mean that certain study entitled "Impact Fees for Fire and Rescue Services in Lake County, Florida," dated as of July 21, 2003, prepared by Henderson Young & Company, as adopted by the board of county commissioners.
(25)
Housing for older persons shall mean residential dwelling units that (1) are within a community or subdivision that is operated as Housing for Older Persons in compliance with the terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Acts of 1968, as amended by the Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act of 1995, 42 U.S.C. §§ 3601—3619, or its statutory successor in function; and (2) prohibit any person under the age of eighteen (18) years of age from residing within any dwelling unit on the property as a permanent resident, as evidenced by a recorded declaration of covenants and restrictions that runs with the land and is not subject to revocation or amendment for a period of at least thirty (30) years from the date of recording.
(26)
Industrial/manufacturing shall mean an establishment primarily engaged in the fabrication, assembly or processing of goods. Typical uses include manufacturing plants, industrial parks, welding shops, wholesale bakeries, utility plants and agricultural processing facilities for produce or livestock not raised on the site.
(27)
Library impact fee shall mean the fee imposed pursuant to section 22-60, as it may be amended from time-to-time.
(28)
Library impact fee study shall mean that certain study entitled "Impact Fees for Library Facilities in Lake County, Florida," dated as of June 17, 2003, prepared by Henderson Young & Company, as adopted by the board of county commissioners.
(29)
Lodging shall mean a building or part thereof, in which sleeping accommodations are offered to the public and in which there may be a public dining room for the convenience of the guests. Typical uses include hotels, motels, bed and breakfast inns, boarding houses, campsites and recreational vehicle parks. For campsites and recreational vehicle parks, a camping or RV space shall be considered the equivalent of a hotel or motel room.
(30)
Mini-warehouse shall mean an enclosed storage facility containing independent, fully enclosed bays that are leased to persons for storage of their household goods or personal property.
(31)
Mobile home is a structure transportable in one (1) or more sections, which structure is eight (8) body 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 unit when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term mobile home includes manufactured homes designed to be used as a dwelling unit, as defined in F.S. ch. 553.
(32)
Mobile home park shall mean an establishment that leases spaces for occupancy by mobile homes.
(33)
Multi-family dwelling unit shall mean a building or a portion of a building, regardless of ownership, containing more than one (1) dwelling unit designed for occupancy by a single family, which units are not customarily offered for rent for one (1) day, and shall include apartments and condominiums. For purposes of the transportation impact fee, the term shall also include duplexes, townhouses and timeshares.
(34)
Nonsite-related improvements are improvements that are required by the permitting authority as part of the development approval process which are beyond what is mandated by federal, state or local codes or regulations to provide safe and adequate ingress and egress to the site. These may include, but are not limited to, additional lanes, deceleration lanes, left-turn lanes, signalization and widening of roads not at or near the site. Nonsite-related improvements improve the transportation system of the area over and above the improvements required based on criteria outlined in applicable federal, state or local codes or regulations as part of the development approval and can be credited against transportation impact fees.
(35)
Office shall mean an establishment providing executive, management, administrative or professional services, not located in a shopping center, and which may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, or child-care facilities. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, secretarial, data processing, photocopy and reproduction, telephone answering, telephone marketing, music, radio and television recording and broadcasting studios; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; medical and dental offices and clinics, including veterinarian clinics; and business offices of private companies, public agencies, utility companies, trade associations, unions and nonprofit organizations.
(36)
Owner of record means the most recent owner of a parcel of property appearing in the official records of the county.
(37)
Park impact fee shall mean the fee imposed pursuant to section 22-54, as it may be amended from time-to-time.
(38)
Park impact fee study shall mean that certain study entitled "Impact Fees for Parks and Recreational Facilities in Lake County, Florida," dated as of July 2, 2003, prepared by Henderson Young & Company, as adopted by the board of county commissioners
(39)
Public/institutional shall mean a governmental, quasi-public, institutional or non-profit recreational use, other than government administrative offices or uses located in a shopping center. Typical uses include elementary, secondary or higher educational establishments, day care centers, hospitals, mental institutions, nursing homes, assisted living facilities, fire stations, jails, libraries, museums, places of religious worship, cemeteries, military bases, airports, bus stations, fraternal lodges, parks and playgrounds.
(40)
Public schools are all pre-kindergarten classes; kindergarten classes; elementary, middle and high school grades and special classes; and all adult, part-time, vocational and evening schools, courses or classes operated by law under the control of the school board or a public school charter board.
(41)
Residential means multi-family dwelling units, mobile homes and single-family detached houses.
(42)
Residential construction is land development designed or intended to permit more dwelling units than the existing use or non-use of land contains.
(43)
Retail/commercial means establishments engaged in the selling or rental of goods, services or entertainment to the general public. Such uses include, but are not limited to, shopping centers, discount stores, supermarkets, furniture stores, home improvement stores, pharmacies, automobile sales and service, banks, movie theaters, amusement arcades, bowling alleys, barber shops, laundromats, funeral homes, gas stations, quick lubes, car washes, automobile sales and service, convenience stores, restaurants, bars, vocational or technical schools, dance studios, meeting facilities, marinas, health clubs and golf courses that are open to the public. All uses within a shopping center shall be considered to be retail/commercial uses.
(44)
School board is the school board of the county, which is the governing body of the school district of the county.
(45)
Shopping center shall mean a building or group of buildings containing multiple retail and other establishments and served by a common vehicular access and parking area so that patrons may visit multiple establishments without taking access to a public street.
(46)
Single-family detached house for purposes of transportation impact fees shall mean, a dwelling unit, including a mobile home, modular home or manufactured home, on an individual lot, unattached to any other dwelling. For all other impact fee purposes, is a dwelling unit on an individual lot.
(47)
Site-related improvements are those improvements that are mandated by federal, state or local codes or regulations to provide safe and adequate ingress and egress to the site. These may include but are not limited to additional lanes, deceleration lanes, left-turn lanes, signalization widening of adjacent roadways and resurfacing. These improvements are designed to improve safety for the increased traffic generated from the site, prevent the development of the site from causing physical deterioration of the existing adjacent roadways, and accommodate increased traffic generation caused by the development of the site. Site-related improvements that are so required as part of a development approval based on criteria outlined in applicable federal, state or local codes or regulation shall not be credited against transportation impact fees.
(48)
Student occupant station shall mean the area necessary for a student to engage in educational activities, excluding ancillary and auxiliary spaces.
(49)
Superintendent shall mean the chief administrative officer of the public schools or the designee of such person.
(50)
Square footage shall mean, when applied to nonresidential uses, the gross area measured in square feet from the exterior faces of exterior walls or other exterior boundaries of the building, including all floors and mezzanines within said building, but excluding areas within the interior of the building that are utilized for parking. When applied to residential uses, square footage shall refer to enclosed, air conditioned and heated living area, measured from the exterior surface of exterior walls or the center of common walls.
(51)
Time-share property means the facilities and accommodations offered in a time-share plan that are classified as time-share estates and time-share licenses as those terms are defined in F.S. ch. 721.
(52)
Warehousing/wholesale shall mean an establishment primarily engaged in the display, storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Typical uses include wholesale distributors, storage warehouses, high-cube warehouses, moving and storage firms, trucking and shipping operations, major mail processing centers and agricultural product storage and distribution.
(Ord. No. 2007-60, § 1, 12-11-07; Ord. No. 2013-7, § 2, 2-12-13)