§ 62-805. Definitions.

As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended:

Adjusted for family size means adjusted in a manner that results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility determined as provided in the definitions of low, moderate and very-low income persons or households, based upon a formula established by the United States Department of Housing and Urban Development.

Affordable means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in the definitions of low, moderate and very-low income persons or households. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark.

Annual gross income means annual income as defined under the Section 8 housing assistance payments programs in 24 C.F.R. part 5; annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual income tax purposes. Counties and eligible municipalities shall calculate income by annualizing verified sources of income for the household as the amount of income to be received in a household during the 12 months following the effective date of the determination.

Area median income means the median family income in the county, adjusted for family size, as published by the U.S. Department of Housing and Urban Development annually.

Award means a loan, grant, subsidy or incentive given or funded wholly or partially by the local housing assistance trust fund to create affordable rental housing or single family ownership.

Basic employment means that such jobs are substantially associated with the production of goods and/or the provision of services that are exported to consumers outside of the county, and as a result, derive revenues that support the local economy from outside the county.

Building official means the person designated as such by the county or by any municipality within the county.

Building permit means a permit for the construction of a residential or non-residential building or for the installation of a mobile home that has been issued by the building official.

Capital improvement includes transportation planning, transportation impact fee consultant studies, 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, the following:

(1)

Construction of new 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 both new and upgraded signalization;

(6)

Construction of curbs, medians and shoulders; and

(7)

Relocating utilities to accommodate new roadway construction.

Certificate of completion means a certificate issued by the building official after the final inspection has verified that the construction has been completed in accordance with the requirements of the building code but for which a certificate of occupancy is not required.

Certificate of occupancy means a certificate issued by the building official after the final inspection has verified that the construction has been completed in accordance with the requirements of the building code.

Commercial land use means those structures and facilities used by institutional and/or business enterprises that are engaged in the provision of goods and/or services to domestic and wholesale consumers whether for profit or not, such as the wholesale trade of both durable and nondurable goods; retail trade; finance, insurance and real estate services; business and personal services such as accounting, advertising and other business services, lodging, repair services, amusement and recreation services, legal services, medical services, educational services and other similar services; social services for individuals and families, including those providing residential care for children, the aged, the destitute and the physically, mentally and/or emotionally challenged; and membership organizations such as business and professional associations, civic, social and fraternal organizations and religious organizations. Commercial includes those institutional and/or business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 11. Agriculture, Forestry, Fishing and Hunting; Sector 42. Wholesale Trade; Sector 44-45. Retail Trade; Sector 52. Finance and Insurance; Sector 53. Real Estate and Rental and Leasing; Sector 54. Professional, Scientific, and Technical Services; Sector 55. Management of Companies and Enterprises; Subsector 561. Administrative and Support Services; Sector 61. Educational Services; Sector 62. Health Care and Social Assistance; Sector 71. Arts, Entertainment, and Recreation; Sector 72. Accommodation and Food Services; and Sector 81. Other Services (except for Public Administration) excluding Subsector 814 Private Households.

Community-based organization means a nonprofit organization that has among its purposes the provision of affordable housing to persons who have special needs or have very low income, low income, or moderate income within a designated area, which may include a municipality, a county, or more than one municipality or county, and maintains, through a minimum of one-third representation on the organization's governing board, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 C.F.R. part 92.2 and a community development corporation created pursuant to chapter 290 are examples of community-based organizations.

Displaced homemaker means an individual who:

(1)

Is an adult;

(2)

Has not worked full-time, full-year for a number of years but has, during such years, worked without remuneration to care for the home and family; and

(3)

Is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

Expansion of the capacity of a road applies to all road and intersection capacity enhancements, including, but not limited to, extensions, widening, intersection improvements, upgrading signalization, improving pavement conditions and expansion of bridges.

Feepayer means a person commencing a land development activity which generates traffic and which requires the issuance of a building permit.

First time homebuyer means a household that has not owned a home during the last three-year period immediately prior to purchase of a new home for which a transportation impact fee will be due, with exception of a person determined to be a displaced homemaker, single parent, or current owner of a substandard unit that cannot be reconstructed on site.

Independent fee calculation study means the traffic engineering or economic documentation prepared by a feepayer to allow the determination of the impact fee other than by the use of the schedule in section 62-818.

Industrial land use means those structures and facilities used by business enterprises engaged in mining, manufacturing, warehousing, or the provision of industrial services. Industrial includes those business enterprises described in the North American Industry Classification System, 1997 edition, under Sector 21. Mining; Sector 22. Utilities; Sector 23. Construction; Sector 31-33. Manufacturing; Sector. 48-49. Transportation and Warehousing; and Subsector 562. Waste Management and Remediation Services.

Land development activity generating traffic means any change in land use, any construction of buildings or structures, or any change in the use of any structure that attracts or produces vehicular trips.

Level of service is a qualitative measure that represents the collective factors of speed, travel time, traffic interruption, freedom to maneuver safely, driving comfort and convenience, and vehicle operating costs provided by a highway facility under a particular volume condition. Levels of service vary from A to F. Level of service E describes a roadway condition that is operating at between 91 percent and 100 percent of capacity, where speeds are low, with some unstable flow and some stoppage, and where there is very little driver independence with regard to speed and lane choice.

Local housing assistance plan means a concise description of the local housing assistance strategies and local housing incentive strategies adopted by local government resolution with an explanation of the way in which the program meets the requirements of F.S. §§ 420.907—420.9079, and Florida Housing Finance Corporation rule.

Low-income person or low-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 80 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the non-metropolitan median for the state, whichever amount is greatest.

Manufacturing means industrial operations that are engaged in the mechanical or chemical transportation of materials or substances into new products, characteristically using power driven machines and materials handling equipment. Manufacturing also means operations engaged in assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement. Also included is the blending of material, such as lubricating oils, plastics, resins or liquors. A new product may be finished as in ready for utilization or consumption, or it may be semifinished to become a raw material for use in further manufacturing activities. Manufacturing products are not for direct sale to the domestic consumer.

Maximum eligible sales price means the amount published most recently for the county by the Florida Housing Finance Corporation in conformance with the requirements established in F.S. § 420.9075(4)(c). This subsection of the state statutes provides that the sales price or value may not exceed 90 percent of the average area purchase price calculated for the statistical area in which the property is located for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs.

Moderate-income person or moderate-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 120 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the non-metropolitan median for the state, whichever is greatest.

Principal residence means the household must utilize the property as their primary residence, as established by eligibility for the state department of revenue property tax homestead exemption. The household may not vacate the unit for more than 120 consecutive days in any one calendar year for any reason, other than a hospital or nursing home stay.

Residential means a structure or structures solely dedicated to the housing of a person or persons to live, cook and/or sleep within on a permanent basis, as either owner, renter or lessee provided, however, that adult congregate living facilities, retirement homes, nursing homes and other structures operated by a social service organization to provide residential care to children, the aged, the destitute and the physically, mentally and/or emotionally challenged shall be considered to be commercial land uses as defined herein.

Road has the same meaning as set forth in F.S. § 334.03(17).

Sales price or value means for a newly constructed unit, the amount on the executed sales contract. For eligible persons who are building a unit on land that they own, the sales price is determined by an appraisal performed by a state-certified appraiser. The appraisal must include the value of the land and the improvements using the after-construction value of the property and must be dated within 12 months of the date construction is to commence.

Single parent means an individual who is unmarried or legally separated from a spouse, and has one or more minor children of whom the individual has custody or joint custody, or is pregnant.

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

(1)

Site driveways and roads;

(2)

Right and left turn lanes leading to those driveways;

(3)

Traffic control measures for those driveways; and

(4)

Improvements to roadways other than collectors and arterials, regardless of state functional classification.

Very-low-income person or very-low-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 50 percent of the median annual income adjusted for family size for households.

(Code 1979, § 14-205; Ord. No. 95-24, § 1, 5-22-95; Ord. No. 01-68, § 5, 10-30-01; Ord. No. 02-19, § 1, 4-30-02; Ord. No. 06-044, § 2, 8-8-06)

Cross reference

Definitions generally, § 1-2.