§ 24-2. Definitions.  


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  • The following words, terms and phrases, when used in chapter 24, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

    Accessory building or structure shall mean a detached, subordinate structure, the use of which is clearly incidental 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 vacant land use.

    Annual index resolution shall mean the resolutions adopted to establish the rates of the impact fees.

    Apartment means a rental dwelling unit located with in the same building as other dwelling units.

    Applicant shall mean the person who applies for the building permit.

    Board shall mean the board of county commissioners of Osceola County, Florida.

    Building shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any 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 building permit.

    Building permit shall mean the official document or certificate issued by a city or the county under the authority of ordinance or law, authorizing the commencement of construction of a building, or a portion thereof. For purposes of impact fees, the term building permit shall also include a tie-down permit for a mobile home or other structures that do not require a building permit.

    Capital equipment shall mean equipment with a life expectancy of one (1) year or more identified in this chapter for which impact fees are imposed.

    Capital facilities shall mean those facilities identified in this Ordinance for which impact fees are imposed.

    Capital facilities impact construction shall mean land development which changes the use of land in a manner which increases the impact upon the capital facilities for which impact fees are imposed under this chapter 24 of the Osceola County Code.

    Certificate of occupancy shall mean the document issued by a city or the county under the building code which indicates the completion of a building erected in accordance with plans approved by the building department, and final inspection having been performed, thereby allowing the building to be occupied.

    Cities shall mean collectively and individually the Cities of Kissimmee and St. Cloud.

    Comprehensive plan shall mean the comprehensive plan of the county adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as contained in F.S. (1987) ch. 163, pt. II, and as amended and supplemented from time to time, or its successor in function.

    Condominium means a dwelling unit that has at least one other similar unit within the same building structure. The term condominium excludes single-family detached units or single-family units on individual lots less than fifty (50) feet wide, such as zero-lot line homes and townhomes. Condominium unit owners typically have undivided ownership interest in the land and those portions of the building shared in common and are governed by a condominium declaration.

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

    County manager shall mean the chief administrative officer of the county, appointed by the board or the designee of such person.

    Development order shall mean a building permit, 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.

    Duplex or two-family dwelling unit shall mean two (2) attached dwelling units on a single lot.

    Dwelling unit shall mean a building, or a portion thereof, which is designed for residential occupancy, but excluding residential facilities which provide 24 hours a day medical care.

    Encumbered shall mean monies committed by contract or purchase order in a manner that obligates the county, or in the case of the educational system impact fee, the school board to expend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property by a vendor, supplier, contractor or owner.

    Government buildings or facilities shall mean property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special district, a school district, or a municipal corporation.

    Impact fee shall mean collectively and individually, as the context may require, all impact fees imposed by the county to fund capital facilities pursuant to this chapter 24 of the Osceola County Code.

    Impact fee coordinator shall mean the person appointed by the county manager to perform such functions as designated under this Code or the designee of such person.

    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) 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. The term mobile home includes manufactured homes designed to be used as dwelling units, as defined in F.S. ch. 553, or its statutory successor in function, and recreational vehicles.

    Multi-family dwelling unit shall mean a building or a portion of a building, regardless of ownership, containing more than one dwelling unit on a single lot or tract, and shall include apartments, condominiums, cooperatives, duplexes, triplexes and quadraplexes.

    Owner shall mean the person holding legal title to the real property.

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

    Quadraplex or four-family dwelling unit shall mean four (4) attached dwelling units on a single lot.

    Residential means multi-family dwelling units, mobile homes or single-family units.

    Residential construction shall mean land development designed or intended to permit more dwelling units than the existing use of land contains, but excluding time-share property.

    Short term rental shall mean any dwelling unit, or group of dwelling units located within Osceola County within a single development, which are designed for and intended to be used on a non-permanent basis by the owner and intended for transient occupancy. Non-permanent use shall be for a period of use by the same individual or individuals for no more than thirty (30) days within a twelve-month period.

    Single-family detached unit shall mean a dwelling unit on an individual lot, including detached houses on lots less than fifty (50) feet wide, such as zero lot line homes.

    Square footage shall mean the gross area measured in square feet from the exterior faces of exterior walls or other exterior boundaries of the building, including all floors and mezzanines within the building.

    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, or its statutory successor in function.

    Townhouse shall mean an attached single-family dwelling unit connected to other single-family dwelling units by common walls. Owners have fee simple or other title to a single unit and the land that the unit occupies. Occasionally, it may have common areas that are shared by the residents.

    Transient use or transient occupancy shall mean occupancy of a dwelling unit intended to be temporary by any person other than the owner by concession, permit, right of access, license, gift, or other agreement, for a period of no more than thirty (30) consecutive days within a twelve-month period.

    Triplex or three-family dwelling unit shall mean three (3) attached dwelling units in on a single lot.

    Vacation villas shall mean any dwelling unit, or group of dwelling units located within a single complex, which are designed for and intended to be exclusively used for transient use or transient occupancy; or any unit or group of units in a condominium or co-operative, or any individually or collectively owned single-family, two-family, three-family, or four-family dwelling unit that is also a transient public lodging establishment but that is not a time-share project.

(Ord. No. 2010-11, § 2, 8-16-10; Ord. No. 2015-26, § 2, 4-20-15; Ord. No. 2017-96, § 1, 12-11-17; Ord. No. 2018-21, § 2, 3-12-18)