§ 126-3. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means and refers to the property owner, or duly designated agent of the property owner, of land on which a request for a building permit is received by the county and on which an impact fee is due or has been paid. See Section 101-1 for the comparable definition of "feepayer."

Appropriation or to appropriate means and refers to an action by the board to identify specific capital improvements for which impact fee funds may be used. The term "appropriation" includes, but shall not necessarily be limited to: inclusion of a capital improvement in the adopted county budget, capital improvements program or county road plan; execution of a contract or other legal encumbrance for a capital improvement using impact fee funds in whole or in part; and actual expenditure of impact fee funds through payments made from an impact fee account.

Capital improvements means and refers to those improvements as defined in Section 101-1, "capital improvements," and those improvements related to fire protection service, and expressly includes amounts appropriated in connection with the planning, design, engineering and construction of such improvements; planning, legal, appraisal and other costs related to the acquisition of land, financing and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to provision of the capital improvement. Capital improvements eligible for impact fee funding, in whole or in part, shall be set forth in greater detail in the resolutions adopting the specific impact fee schedules.

Commercial retail use means and refers to uses that sell goods or services at retail as that term (commercial retail use) is defined in Section 101-1.

District or impact fee district means and refers to a defined geographic area or subarea of the county within which impact fees are collected, appropriated, and expended for capital improvements serving new development within such area or subarea.

Dwelling unit means and refers to those residential units as that term (dwelling units) is defined in Section 101-1. The term "dwelling unit" is applicable to both permanent and transient residential development.

Governmental agency means those entities listed in the definition of "governmental agency" in Section 101-1.

Impact fee means and refers to a monetary exaction imposed on a pro rata basis in connection with and as a condition of development approval and calculated to defray all or a portion of the costs of capital improvements required to accommodate new impact-producing development and reasonably benefiting the development.

Impact fee district maps means and refers to the maps defining the geographical extent of the impact fee districts and subdistricts for each adopted impact fee.

Impact-producing means and refers to any development that has the effect of:

(1)

Increasing the need or demand for a capital improvement;

(2)

Utilizing existing capital improvement capacity; or

(3)

Causing an existing capital improvement level of service standard to decline.

Industrial use means and refers to uses devoted to manufacturing and related operations as that term is defined in Section 101-1 and expressly includes heavy industrial uses as that term is defined in Section 101-1 and light industrial uses as that term is defined in Section 101-1.

Institutional use means and refers to uses that serve the community as the term is defined in Section 101-1 and expressly includes hospitals.

Multiple uses means and refers to a development consisting of both residential and nonresidential uses or one or more different types of nonresidential uses on the same site or part of the same development project.

Nonresidential development means and refers to commercial retail use as defined in Section 101-1; marinas as defined in Section 101-1; destination resort as that term is defined in Section 101-1; hotel use as that term is defined in Section 101-1; room, hotel or motel as those terms are defined in section 101-1; industrial use as that term is defined in Section 101-1 as "industrial use," "heavy industrial use" and "light industrial use"; institutional uses as defined in Section 101-1; office use as defined in Section 101-1; shopping centers as defined in Section 101-1 and public buildings as defined in Section 101-1.

Office means and refers to a use where business, professional or governmental services are made available to the public as that term is defined in Section 101-1.

Participating municipality means a municipality participating in the county impact fee system pursuant to an interlocal agreement with the county.

Public buildings means those buildings and uses as defined in Section 101-1.

Residential development means and refers to a residence or residential use as that term is defined in Section 101-1; dwelling units as that term is defined in Section 101-1; campground spaces as defined in Section 101-1; mobile homes as defined in Section 101-1; institutional residential use as defined in Section 101-1, except hospitals; live-aboard vessels as defined in section 101-1; employee housing as defined in Section 101-1; permanent residential unit as that term is defined in Section 101-1; and affordable housing as that term is defined in Section 101-1.

Shopping center means and refers to commercial retail and professional services developments as defined in Section 101-1.

Tourist housing development means and refers to the development of tourist housing units as that term is defined in Section 101-1.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)