§ 70-31. Definitions and rules of construction.

(a)

For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article:

(1)

In case of any difference of meaning or implication between the text of this article and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

(3)

Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(4)

The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."

(5)

The word "person" includes an individual, a corporation, a partnership, a governmental entity or agency, an incorporated association or any other similar entity.

(6)

The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of a like kind or character.

(b)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Webster's New Collegiate Dictionary (G & C Merriam Co., 10th Edition 1993, or any subsequent edition) shall be used for the definition of any words not defined in this section.

Applicant means any person applying for or who has been granted a permit to proceed with a project.

Building means any structure with an impervious roof built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50 percent or more of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof."

Building permit means the permit required by section 104.1.1 of the Standard Building Code, Southern Building Code Congress, as adopted by the county.

Capital improvement includes architectural studies, preliminary engineering, engineering design studies, land surveys, property acquisition, engineering, permitting and construction of all the necessary features for any fire/rescue service project, including:

(1)

Construction of fire stations and substations.

(2)

Acquisition of all firefighting and protection equipment necessary for the prevention of fires and fighting fires.

(3)

Acquisition, construction and equipping of training facilities to support fire/rescue service staff.

(4)

Acquisition and equipping of rescue vehicles and other emergency equipment.

Certificate of occupancy means the official document or permit issued by a municipality or the county evidencing the completion of construction of a building in accordance with all applicable codes and its legal entitlement to permanent occupancy and use.

Collecting agency means the county or the growth management services center.

County manager means the county manager and/or designee.

Dwelling means one or more rooms in a building forming a separate and independent housekeeping establishment, arranged, designed or intended to be used or occupied by one family, and having no enclosed space or cooking or sanitary facilities in common with any other dwelling unit with no ingress or egress through any other dwelling unit, and containing permanent provisions for sleeping facilities, sanitary facilities and not more than one kitchen facility.

Feepayer means that person or entity who pays a fire/rescue service impact fee or his/her successor in interest with the right or entitlement to any refund of previously paid development impact fees which is required by this ordinance and which has been expressly transferred or assigned to the successor in interest. In the absence of an express transfer or assignment or entitlement to any refund or previously paid development impact fees, the right or entitlement shall be deemed "not to run with the land."

Fire rescue service impact fee and fee mean the fee required to be paid in accordance with this article.

Land development activity means the carrying out of any building activity or the making of any material change in the use or appearance of any building or land.

Multiple-family dwelling means a building containing three or more dwellings intended to be occupied primarily by permanent residents.

Nonresidential property means structures used for activities including but not limited to buying, selling, storing, trading or providing services. This classification will also include hotels, motels, hospitals, nursing homes, churches, schools, adult congregate living facilities, day care facilities and other activities that provide personal services. Residential activity means any building or portion thereof that is designated for or used for residential purposes and any activity involving the use or occupancy of a lot for residential purposes.

Square foot. For the purpose of the fee schedule, subsection 70-35(c), means total square footage of a building area, excluding overhangs.

Zone means those geographical areas as identified on exhibit A to this article.

(Ord. No. 89-22, §§ 102.00, 103.00, 5-4-89; Ord. No. 91-29, § II, 10-17-91; Ord. No. 93-6, 3-4-93; Ord. No. 95-35, § I, 9-7-95; Ord. No. 98-13, § I, 7-23-98; Ord. No. 01-16, § 1, 8-2-01)

Cross reference

Definitions and rules of construction generally, § 1-2.