§ 46-963. Definitions.

When used in this article, the following terms shall have the following meaning, unless the context otherwise clearly requires:

"Accessory building or structure" shall mean a detached, subordinate building, 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.

"Adjusted gross income" shall mean all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and other such resources and benefits as may be determined to be income by the U.S. Department of Housing and Urban Development, adjusted for family size, less deductions allowable under Section 62 of the Internal Revenue Code.

"Affordable housing" shall mean a dwelling unit which is offered for sale or rent to low income persons or very low income persons and which monthly rent or monthly mortgage payments, including taxes, insurance and utilities, do not exceed 30 percent of that amount which represents the percentage of the median annual adjusted gross income for low income persons and very low income persons in the City of Quincy.

"Alternative impact fee" shall mean any alternative fee calculated by an applicant and approved as provided either in section 46-977(f) or in section 46-993 of this article.

"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 from a permitting city or the city.

"Commission" shall mean the City of Quincy Commission.

"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, for use either as a dwelling or for a place of any kind of business or commerce. 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 city or a city under the authority of ordinance or law, authorizing the citing of any building and the commencement of those actions necessary to initiate, implement and complete work to create a 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 city or a city under the authority of ordinance or law, authorizing the construction or occupancy of any building, or parts thereof, within a 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.

"City" shall mean the City of Quincy.

"Comprehensive plan" shall mean the Comprehensive Plan of the City of Quincy adopted and amended pursuant to F.S. ch. 163, pt. II, as amended and supplemented, or its successor in function.

"Construction" shall mean any activity for which the city requires a building permit.

"City manager" shall mean the chief administrative officer of the City of Quincy or such person's designee.

"Development" shall mean any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of mineral.

"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" or "D.U." 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.

"Encumbered" shall mean moneys committed by contract or purchase order in a manner that obligates the city 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 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 30 years from the date of recording.

"Impact fee construction" shall mean any construction for which an impact fee is owed.

"Impact fee study" shall mean the study adopted pursuant to section 46-964, as amended and supplemented pursuant to section 46-997 herein.

"Impact fee unit" shall mean the unit of measurement in an impact fee schedule set forth in this article, where the number of impact fee units on proposed construction are multiplied by the net impact fee to produce the amount of an impact fee to be levied on an impact fee construction.

"Low income persons" shall mean one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the City of Quincy, Florida, as reported by the U.S. Department of Housing and Urban Development or its governmental successor in function.

"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 body feet or more in width and over 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.

"Multi-family 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.

"Net impact fee" shall mean the impact fee per impact unit as shown in the appropriate column of a table setting out an impact fee schedule. The net impact fee is the number to be multiplied by the numbers of impact fee units in a proposed construction to derive the actual impact fee due for any particular construction.

"Nonresidential" includes commercial land uses as well as any land use or construction not included in the definition of residential.

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

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

"Residential" shall mean multi-family dwelling units, mobile homes, retirement community/age-restricted single-family dwellings, and single-family detached houses.

"Retirement community/age-restricted single-family" shall mean a residential land use that is also housing for older persons.

"Single-family detached house" shall mean a dwelling unit on an individual lot, including a detached house on a lot less than 50 feet wide, such as a zero lot line home and a manufactured home and that is not age restricted as to its occupants.

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

(Ord. No. 1001, 6-26-07)