§ 70-71. 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.

(7)

Any road right-of-way used to define thoroughfare road impact fee zone boundaries may be considered to be within any zone it bounds for purposes of using these funds.

(8)

The land use types listed in subsection 70-75(c)(3) shall have the same meaning as under the zoning ordinance of the county, Ordinance No. 80-8, as amended (appendix B to this Code).

(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 ed. 1993, or any subsequent edition) shall be used for the definition of any words not defined in this section.

Accessory use means any use or attached or detached structure clearly incidental, subordinate and related to the principal use or structure and located on the same lot with such principal use or structure.

Apartment means a rental dwelling unit that is located within the same building with at least two other dwelling units. Sites included in this land use are triplexes and all types of apartment buildings. The apartments in this land use include both low-rise or "walk-up" dwellings and high-rise.

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

Average trip length means the average length in miles of external trips.

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 area means the area included within surrounding exterior walls, or exterior walls and fire walls.

Building permit means the permit required by section 104.1.1 of the Florida Building Code, as adopted by the county.

Capacity means the maximum number of vehicles for a given time period which a road can safely and efficiently carry; usually expressed in terms of vehicles per day.

Capital improvement includes transportation planning, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any road construction project including, but not limited to:

(1)

Construction of new through lanes.

(2)

Construction of new turn lanes.

(3)

Construction of new bridges.

(4)

Construction of new drainage facilities in conjunction with new roadway construction.

(5)

Purchase and installation of traffic signalization (including new signalization and upgrading signalization).

(6)

Construction of curbs, medians, shoulders, sidewalks and bikepaths.

(7)

Relocating utilities to accommodate new roadway construction.

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 local governmental authority having jurisdiction to authorize the making of any material change of any structure, including the construction, enlargement, alteration or repair of buildings, or the local governmental authority having jurisdiction to authorize rezoning or special exceptions that make material changes in the use or appearance of land without making material changes of any structures on the land.

County manager means the county manager and/or his/her 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.

Dwelling, manufactured: A dwelling fabricated in a manufacturing facility and bearing a seal certifying it is constructed to standards as adopted under the authority of F.S. § 553.35 et seq. and rules adopted by the Florida Department of Community Affairs under chapter 9B-1 et seq., Florida Administrative Code.

Dwelling, mobile home: A single-family dwelling fabricated in a manufacturing facility, having a width of more than 8½ feet and a length of more than 40 feet, and bearing a seal certifying it is constructed either to the Federal Manufactured Housing Construction and Safety Standards Code or to obsolete ANSI 119.1 Mobile Home Design and Construction Standards.

Dwelling, single-family: A building containing only one dwelling. This term includes a manufactured or mobile home dwelling.

Expansion. Expansion of the capacity of a road applies to all road and intersection capacity enhancements and includes extensions, widening, intersection improvements, upgrading signalization and improving pavement conditions.

Feepayer means that person or entity who pays a thoroughfare road 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."

Flex office/warehouse means flex-type or incubator tenant space that lends itself to a variety of uses. The single story building is designed for multiple tenants, divided in spaces running front to rear. Office space is located only at the front of the building with warehouse space accessed by roll-up delivery doors. The proportion of office vs. warehouse space in each tenant space is not determined until the user occupies the space. The space may subsequently be reproportioned to accommodate the current occupant or a new occupant's changing needs. The space may include such uses as offices; retail and wholesale stores; warehousing, manufacturing, light industrial, or scientific research functions. The maximum nonwarehouse use is limited to 35 percent of the total building space.

Frontage road and marginal-access road mean a minor street which parallels and is adjacent to an arterial, thoroughfare or state road, and which provides access to abutting properties and protection from through traffic.

Hotel means a place of lodging that provides sleeping accommodations, restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, and other retail and service shops. Some of the sites included in this land use category are actually large motels providing the facilities of a hotel.

Land development activity generating traffic means the carrying out of any building activity or the making of any material change in the use or appearance of any structure or land that attracts or produces vehicular trips over and above that produced by the existing use of the land.

Lot: An area of land which abuts a street and which either complies with or is exempt from the Volusia County Subdivision Regulations [see appendix A, article II] and is sufficient in size to meet the minimum area and width requirements for its classification.

Major sports facility means a stadium or racetrack for major sports events with a permanent seating capacity of at least 5,000 spectators. Further, a major sports facility is characterized by infrequent use such that there are no more than 30 days of use per year where the facility is at, or above, ten percent occupancy. Actual fee for this land use category, provided it meets the definition, is based on the rate × frequency of use (greater than 10 percent occupancy) on an annual basis.

Mixed use building means a single- or multiple-user building that cannot be classified as a shopping center and does not meet the definition of flex-office/warehouse building, but contains two or more uses listed on the road impact fee schedule as set forth in subsection 70-75(c)(3)a. The fee will be determined according to the fee schedule by apportioning the total space within the building according to the space devoted to each principle use. However, any accessory use which takes up less than 20 percent of the square footage of the principle use will be considered an incidental use, not a mixed use, when such use is necessary to carry out the principle use, i.e. warehouse area needed for a retail business.

Mobile home park: An area of land under one ownership where designated spaces for mobile home dwellings are rented. The overall operation is managed on a full- or part-time basis and provides various services and facilities for common use.

Motel means a place of lodging that provides sleeping accommodations and often a restaurant. Motels generally offer free on-site parking and provide little or no meeting space.

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

Off-site improvements means road improvements, other than those referenced in the definition of site-related improvements, located outside of the boundaries of the parcel proposed for development, which are required to serve the development's external trips.

Percent of new trips means the number of new trips generated by the land development activity.

Site-related improvements means capital improvements and right-of-way dedications for direct access improvements to the development in question. Direct access improvements includes, but not limited to, the following:

(1)

Site driveways and roads;

(2)

Right- and left-turn lanes leading to those driveways and roads;

(3)

Traffic control measures for those driveways and roads;

(4)

Acceleration/deceleration lanes;

(5)

Frontage roads;

(6)

Median openings/closings; and

(7)

Roads necessary to provide direct access to the development.

Square foot, for the purpose of the fee schedule, subsection 70-75(c)(3), means total square footage of a building area, excluding overhangs.

Thoroughfare road impact fee and fee mean the fee required to be paid in accordance with this article.

Thoroughfare system means all state roadways and any roadway that has been designated by the Volusia County Council as either a county arterial or collector or a municipality's arterial or collector that is shown on the Future Traffic Circulation Map contained in the Transportation Element of the Comprehensive Plan.

Thoroughfare system plan means the thoroughfare plan as set out and included in the comprehensive plan.

Traffic generation statement means a documentation of proposed trip generation rates submitted prior to and as a part of a traffic impact analysis. This documentation shall include actual traffic generation information from a representative sampling of existing similar developments.

Trip means a one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end).

Trip generation means the attraction or production of trips caused by a given type of land development.

Zone means those geographical areas as identified on the attached exhibit A following this article.

(Ord. No. 86-6, §§ 102, 103, 6-19-86; Ord. No. 90-2, § I, 6-21-90; Ord. No. 95-35, § VI, 9-7-95; Ord. No. 99-28, § II, 11-4-99; Ord. No. 2003-23, § 1, 12-4-03)

Cross reference

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