§ 16-61. Definitions.

As used in this article, and unless the context clearly requires otherwise, the following terms and phrases shall have the meanings herein ascribed:

(a)

Accessory unit shall mean a dwelling unit accessory to a single family unit, including but not limited to a guest house, housekeeper's quarters, in-law suite, garage apartment or loft unit.

(b)

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.

(c)

Apartment shall mean a rental dwelling unit located within the same building as other rental dwelling units.

(d)

Board of county commissioners shall mean the board of county commissioners of the county.

(e)

Building permit shall mean an official document or certificate issued by a municipality or the county under the authority of ordinance or law that authorizes the construction or installation of any building, or authorizes the moving-on and tying-down of a structure or building that does not require a local permit in order to be constructed, such as a manufactured home or a mobile home.

(f)

Capital improvements shall mean land, building, furniture, site development, equipment, or facilities for public schools necessary to accommodate students, faculty, administrators, staff and the activities of the educational programs and services for each student, as identified in the adopted educational facilities plan of the school board.

(g)

Condominium shall mean a dwelling unit within a building containing at least one (1) other dwelling unit, each of which is intended to be subject to exclusive ownership in fee simple or under similar interest.

(h)

County shall mean Clay County, Florida.

(i)

Current impact fee study shall mean the School Impact Fee Technical Report School District of Clay County, Florida, prepared by Urbanomics, Inc., dated April 2017, which updated the initial impact fee study, the 2005 impact fee study, the 2009 impact fee study, and the 2011 impact fee study in establishing the basis for the fair share of public schools capital facilities costs and credit valuation standards attributable to new residential development based upon standard and appropriate methodologies, and a copy of which is attached to and incorporated by reference into the ordinance amending this article adopted on September 12, 2017.

(j)

Development phase shall mean that portion of a development, including but not limited to a development of regional impact, determined by the county to require the donation of a school site as a condition of development approval.

(k)

Dwelling unit shall mean a building, or 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 and containing independent sanitation and cooking facilities comprising a single kitchen only. The term shall not include time-share property as defined in F.S. ch. 721, properties licensed as assisted living facilities under F.S. ch. 400 , pt. III, and transitory development, such as hotels or motels, where units or bedrooms are leased for less than thirty (30) days.

(l)

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 also include the portions thereof which are not designated for student occupant stations.

(m)

Electrical power clearance shall mean the establishment of permanent electrical power service to new residential development. A request for electrical power clearance shall be initiated by a request for an equipment check inspection from the county for the new residential development. If the new residential development passes the inspection, the county will notify the appropriate power company that electrical service may be established.

(n)

Existing development of regional impact, for purposes of this article only, shall mean the Crossings Development of Regional Impact, the Fleming Island Development of Regional Impact or the Villages of Argyle Development of Regional Impact.

(o)

Facilities director shall mean the school board's director of facility planning and construction.

(p)

Feepayer shall mean a person intending to commence new residential development during the life of the development by applying for the issuance of a building permit to construct or install new residential development for which a school impact fee is required to be paid pursuant to the terms of this article. The term shall also include a person who has paid a school impact fee under this article.

(q)

Housing for older persons shall mean 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.

(r)

Impact fee studies shall mean, collectively, the initial impact fee study, the 2005 impact fee study, the 2009 impact fee study, the 2011 impact fee study, and the current impact fee study.

(s)

Initial impact fee study shall mean the School Impact Fee Technical Report prepared by Urbanomics, Inc., dated November 21, 2002, as supplemented by a First Supplement to School Impact Fee Technical Report prepared by Urbanomics, Inc., dated May 5, 2005, which establishes the basis for the fair share of public schools capital facilities costs and credit valuation standards attributable to new residential development based upon standard and appropriate methodologies, a copy of the former being attached to and incorporated by reference into the ordinance creating this article, and a copy of the latter being attached to and incorporated by reference into the ordinance amending this article adopted on June 14, 2005.

(t)

Land portion shall mean that portion of the school impact fee amount identified and recommended in the 2005 impact fee study, the 2009 impact fee study, the 2011 impact fee study, and the current impact fee study as the land cost portion of the capital improvements needed to accommodate new residential development, said portion being 15 per cent of the school impact fee amount.

(u)

Manufactured home shall mean a manufactured building as defined in F.S. ch. 553, pt. I, that is designed to be used as a dwelling unit when connected to the required utilities.

(v)

Mobile home shall mean a residential structure that is transportable in one (1) or more sections, which structure is eight (8) body feet (two and four-tenths (2.4) meters) or more in width, over thirty-five (35) feet in length with the hitch, built on an integral chassis, and designed to be used as a dwelling unit when connected to the required utilities.

(w)

Multi-family unit shall mean a dwelling unit within a building or portion of a building, regardless of ownership, containing two (2) or more dwelling units, each of which is designed for occupancy by a single family and is not customarily offered for rent in one (1) day increments. The term shall include an apartment, a condominium or an accessory unit.

(x)

New residential development shall mean the construction or installation of new residential units, the creation of additional residential units from existing residential units or from the expansion of existing residential development, or a change in use from an existing non-residential development to new residential units.

(y)

Person shall mean any natural person or persons, and any artificial entity, including but not limited to any corporation, partnership, joint venture or trust.

(z)

Planning director shall mean the director of the county's planning department.

(aa)

Public educational system shall mean the educational plants and ancillary plants which are used by the school board to provide instruction within the public schools or the administrative or support activities related thereto.

(bb)

Residential unit shall mean a single family unit, a multi-family unit or a mobile home.

(cc)

School board shall mean the school board of the county.

(dd)

School impact fee shall mean the impact fee adopted and imposed pursuant to this article.

(ee)

School site valuation standard shall mean the valuation standard to determine the fair market value for a dedicated school site for the purpose of a credit calculation as provided in section 16-66(e)(1).

(ff)

Single family unit shall mean a dwelling unit on an individual lot, including a detached home on a lot less than fifty (50) feet wide, such as a zero lot line home, and a manufactured home.

(gg)

2005 impact fee study shall mean the Impact Fee Technical Report Update School District of Clay County prepared by Urbanomics, Inc., dated June 20, 2005, which substantially updated the initial impact fee study in establishing the basis for the fair share of public schools capital facilities costs and credit valuation standards attributable to new residential development based upon standard and appropriate methodologies, and a copy of which is attached to and incorporated by reference into the ordinance amending this article adopted on September 27, 2005.

(hh)

2009 impact fee study shall mean the Impact Fee Technical Report Update Clay County School District prepared by Urbanomics, Inc., dated March 2008, with selected revisions, February 2009, which substantially updated the initial impact fee study and the 2005 impact fee study in establishing the basis for the fair share of public schools capital facilities costs and credit valuation standards attributable to new residential development based upon standard and appropriate methodologies, and a copy of which is attached to and incorporated by reference into the ordinance amending this article adopted on July 14, 2009.

(ii)

2011 impact fee study shall mean the School Impact Fee Technical Report School District of Clay County, Florida, prepared by Urbanomics, Inc., dated November 2011. which updated the initial impact fee study, the 2005 impact fee study and the 2009 impact fee study in establishing the basis for the fair share of public schools capital facilities costs and credit valuation standards attributable to new residential development based upon standard and appropriate methodologies, and a copy of which is attached to and incorporated by reference into the ordinance amending this article adopted on September 10, 2013.

(Ord. No. 2003-30, § 1, 3-25-03; Ord. No. 2005-21, § 1, 6-14-05; Ord. No. 2005-43, § 2, 9-27-05; Ord. No. 2009-30, § 3, 7-14-09; Ord. No. 2013-17, § 3, 9-10-13; Ord. No. 2017-29, § 3, 9-12-17)