§ 70-111. 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 ed. 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 of the Standard Building Code, Southern Building Code Congress, as adopted by the county.

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.

County manager means the county manager and/or designee.

District park and local park fee and fee mean the fee required to be paid in accordance with this article.

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 park impact fee or his/her successor in interest with the right or entitlement to any refund of previously paid development impact fees which are required by this article 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."

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

Level of service The Volusia County Comprehensive Plan has set an adopted level of service standard in the recreation and open space element, based on acreage, as well as minimum facility standards based on park type. The calculation of recreation impact fees shall be based upon the Volusia County Comprehensive Plan's Recreation and Open Space Elements Adopted Level(s) of Service.

Total park costs includes, but not limited to, preliminary engineering, engineering design studies, land surveys, property acquisition, engineering, permitting and construction of all the necessary features for park projects, including but not limited to layout of walking paths, construction of ballfields, picnic pavilions, installation of equipment for children's play areas, irrigation systems, lighting systems, fencing, bleachers, roads, parking facilities, restrooms, concession and community buildings, manager quarters and storage buildings.

(Ord. No. 90-1, §§ 102.00, 102.01, 103.00, 103.01, 6-21-90; Ord. No. 95-35, § X, 9-7-95; Ord. No. 98-13, § VIII, 7-23-98; Ord. No. 01-17, § 1, 8-2-01)

Cross reference

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