§ 10-421. Definitions.

Notwithstanding any other ordinance to the contrary, 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, not a dwelling unit, 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.

Alternative educational system impact fee shall mean any alternative fee calculated by an applicant and approved by the superintendent pursuant to section 10-434 herein.

Ancillary plant shall mean 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.

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 or certificate of occupancy from a permitting city or the county.

Assisted living facilities shall mean any building or buildings licensed as an assisted living facility pursuant to Florida Statutes, Chapter 400, Part III, or its statutory successor in function.

Auxiliary facilities shall mean those portions of an educational plant which are not designated for student occupant stations.

Board shall mean the Board of County Commissioners of Marion County, Florida.

Building shall mean 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.

Building permit shall mean an official document or certificate issued by the county or a city under the authority of ordinance or law, authorizing the construction or siting of any building. Building permit shall also include tie-down permits for those structures or buildings, such as a mobile home, that do not require a building permit in order to be constructed.

Certificate of occupancy shall mean the official document or certificate issued by the county or a city under the authority of ordinance or law, authorizing the construction or occupancy of any building, or parts thereof, within residential construction. Certificate of occupancy shall also include tie-down permits for those structures or buildings, such as a mobile home, that do not require a certificate of occupancy in order to be occupied.

Cities shall mean collectively and individually the Cities of Belleview, Dunnellon and Ocala, and the Towns of McIntosh and Reddick, and any other municipal corporation that may be subsequently incorporated within the county.

Comprehensive plan shall mean the comprehensive plan of the county adopted and amended pursuant to Florida Statutes, Chapter 163, Part II, as amended and supplemented, or its successor in function.

Condominium shall mean a dwelling unit that has at least one other similar unit within the same building structure. The term condominium includes all fee simple or titled multiunit structures, including townhouses and duplexes.

County shall mean Marion County, a political subdivision of the State of Florida.

County administrator shall mean the chief administrative officer of the county or such person's designee.

Development permit shall mean any building permit, certificate of occupancy, zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

Dwelling unit shall mean a building, or a portion thereof, which is designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only, including mobile homes and manufactured housing, but excluding time-share property and assisted living facilities.

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.

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.

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.

Educational system impact fee shall mean the fee imposed pursuant to section 10-431 of this article, as it may be amended from time to time.

Educational system impact fee trust account shall mean the separate trust account created pursuant to section 10-435 herein.

Encumbered shall mean moneys committed by contract or purchase order in a manner that obligates the school board to extend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property by a vendor, supplier, contractor or owner.

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. §§ 3601-19, 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.

Impact fee study shall mean the study adopted pursuant to section 10-424 herein, as amended and supplemented pursuant to section 10-445 herein.

M.A.I. appraiser shall mean a member of the American Institute of Real Estate Appraisers.

Mobile home shall mean a structure transportable in one 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.

Multifamily dwelling unit shall mean a building or a portion of a building, regardless of ownership, containing more than one dwelling unit designed for occupancy by a single family, which units are not customarily offered for rent for one day, and shall include apartments and condominiums.

Owner shall mean the person holding legal title to the real property upon which residential construction is to be built.

Permitting city shall mean, individually and collectively, those cities that undertake the issuance of development permits for properties within their jurisdictional boundaries and, therefore, do not rely on the county to perform permitting functions for properties within their municipal boundaries.

Person shall mean an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

Public schools shall mean all 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.

Residential shall mean multifamily dwelling units, mobile homes and single-family detached houses.

Residential construction shall mean land development designed or intended to permit more dwelling units than the existing use or non-use of land contains.

School board shall mean the School Board of Marion County, Florida, which is the governing body of the School District of Marion County, Florida.

Single-family detached house shall mean a dwelling unit on an individual lot, tract, or any other parcel of land including detached houses on lots less than fifty (50) feet wide, such as zero lot line homes and manufactured homes.

Student occupant station shall mean the area necessary for a student to engage in educational activities, excluding ancillary and auxiliary spaces.

Superintendent shall mean the chief administrative officer of the public schools, as elected pursuant to F.S. § 1001.46.

Time-share property shall mean 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.

(Ord. No. 06-23, § 1.01, 7-18-06)