<div class="chunk-title">Sec. 19-2. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               The words or phrases used herein shall have the meaning prescribed in the current
               Durham County Code of Ordinances except as otherwise indicated herein:
               </p>
            <p class="p0">
               <span class="ital">Accessory building or structure</span> shall mean a detached, subordinate building, the use of which is clearly incidental
               and related to the use of the principal residential building or use of the land and
               which is located on the same lot as the principal residential building or use.
               </p>
            <p class="p0">
               <span class="ital">Administrator</span> means the county manager or his designee.
               </p>
            <p class="p0">
               <span class="ital">Applicant</span> shall mean any person who files an application for a building permit, and/or a certificate
               of occupancy, and/or a manufactured home permit and/or final inspection.
               </p>
            <p class="p0">
               <span class="ital">Appropriation</span> or <span class="ital">to appropriate</span> shall mean an action by the school board to identify specific school facilities for
               which school impact fee may be utilized pursuant to this chapter.
               </p>
            <p class="p0">
               <span class="ital">Appeal</span> shall mean any appeal of a determination made by the administrator as allowed by
               section 19-37 of this chapter.
               </p>
            <p class="p0">
               <span class="ital">Board</span> shall mean the Board of County Commissioners of Durham County, North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Building</span> shall mean any permanent structure designed or built for the support, enclosure,
               shelter or protection of persons, chattels, or property of any kind.
               </p>
            <p class="p0">
               <span class="ital">Building permit</span> shall mean the official document or certificate issued by the county or the cities
               under the authority of ordinance or law, authorizing the commencement of construction
               of any building, or parts thereof, as new residential construction.
               </p>
            <p class="p0">
               <span class="ital">City</span> or <span class="ital">cities</span> shall mean the cities of Durham, Raleigh, the Town of Chapel Hill, and the Camp Butner
               Reserve.
               </p>
            <p class="p0">
               <span class="ital">Comprehensive plan</span> shall mean the various plans making up the Durham County Comprehensive Plan inclusive
               of all its elements, goals, objectives, policies, maps and official amendments which
               have been adopted by the board.
               </p>
            <p class="p0">
               <span class="ital">County</span> shall mean the County of Durham, a political subdivision of the State of North Carolina.
               </p>
            <p class="p0">
               <span class="ital">County attorney</span> shall mean the person appointed by the board to serve as its counsel pursuant to
               G.S. Â§ 153A-114, or the designee of such person.
               </p>
            <p class="p0">
               <span class="ital">Development</span> shall mean the carrying out of any building activity, the making of any material
               change in the use or appearance of any structure or land, the dividing of land into
               three or more parcels, including any of the activities defined as "development" under
               Article 18 of Chapter 153A of the General Statutes of North Carolina.
               </p>
            <p class="p0">
               <span class="ital">Dwelling unit</span> means a single unit providing complete independent living facilities for one or more
               persons including permanent provisions for living, sleeping, eating, cooking, and
               sanitation.
               </p>
            <p class="p0">
               <span class="ital">Encumbered</span> shall mean monies committed by contract or purchase order in a manner that obligates
               the county or 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.
               </p>
            <p class="p0">
               <span class="ital">Family</span> shall mean one or more persons who live together in dwelling unit and maintain a
               common household.
               </p>
            <p class="p0">
               <span class="ital">Manufactured home</span> shall mean a structure as defined in G.S. Â§ 143-143.9(6).
               </p>
            <p class="p0">
               <span class="ital">Multi-family dwelling unit</span> shall mean a building or a portion of a building, regardless of ownership, containing
               more than one dwelling unit designed for occupancy by one family, where the units
               are attached and not customarily offered for rent for only one day. Multi-family dwelling
               unit includes attached apartments and condominiums.
               </p>
            <p class="p0">
               <span class="ital">Owner</span> shall mean the person holding legal title to the real property upon which new residential
               construction is to be built.
               </p>
            <p class="p0">
               <span class="ital">Person</span> shall mean a corporation, company, association, society, firm, partnership, a joint
               stock company, as well as an individual, state, all political subdivisions of state,
               or an agency or instrumentality thereof.
               </p>
            <p class="p0">
               <span class="ital">Public schools</span> shall mean all schools operated by law under the control of the school board.
               </p>
            <p class="p0">
               <span class="ital">Residential</span> or <span class="ital">residential use</span> means multi-family dwelling units, manufactured homes or single-family detached houses
               as they are defined by this chapter.
               </p>
            <p class="p0">
               <span class="ital">Residential construction</span> shall mean the construction or establishment of a residential use that occurs after
               the effective date of this chapter.
               </p>
            <p class="p0">
               <span class="ital">Restrictive covenant</span> shall mean a provision in a deed limiting the use of the property by providing that
               no one under the age of 21 is permitted to permanently reside on the property.
               </p>
            <p class="p0">
               <span class="ital">School board</span> shall mean the governing board for the Durham public schools; the body that operates,
               controls, and supervises all free public schools within the County of Durham, North
               Carolina, as authorized by Article IX of the Constitution of the State of North Carolina.
               </p>
            <p class="p0">
               <span class="ital">School board attorney</span> shall mean the person appointed by the school board to serve as its counsel, or the
               designee of such person.
               </p>
            <p class="p0">
               <span class="ital">School facilities</span> shall mean those facilities of the school system including ancillary plants, auxiliary
               facilities, educational facilities, and educational plants, which a need is created
               for by new residential construction.
               </p>
            <p class="p0">
               <span class="ital">School impact fee</span> shall mean an impact fee which is imposed on new residential construction in connection
               with and as a condition of the issuance of a certificate of occupancy or final inspection
               and which is calculated to defray all or a portion of the costs of the school facilities
               required to accommodate the impact to the school system of that new residential construction,
               and which fee is applied to school facilities which reasonably benefit the new residential
               construction. An "impact fee" means any impact fee established pursuant to <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIIAP_S19-21IM" class="section-link" data-product-id="12650">section 19-21</a> or an independent fee calculated and approved pursuant to <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIIIPRIMCACOSCIMFE_S19-33OF" class="section-link" data-product-id="12650">section 19-33</a>.
               </p>
            <p class="p0">
               <span class="ital">School impact fee fund</span> shall mean the separate special revenue fund created pursuant to <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIIIPRIMCACOSCIMFE_S19-35COEN" class="section-link" data-product-id="12650">section 19-35</a>.
               </p>
            <p class="p0">
               <span class="ital">School impact fee schedule</span> means the impact fee amounts due and payable pursuant to <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIIAP_S19-21IM" class="section-link" data-product-id="12650">section 19-21</a>, as may be amended from time to time.
               </p>
            <p class="p0">
               <span class="ital">School impact fee study</span> shall mean the study by Tischler &amp; Associates entitled "School Impact Fees", dated
               September 26, 2001 and as supplemented pursuant to <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIINGE_S19-6RE" class="section-link" data-product-id="12650">section 19-6</a>.
               </p>
            <p class="p0">
               <span class="ital">School system</span> shall mean the school facilities which are used to provide instruction within the
               public schools operated by law under control of the school board.
               </p>
            <p class="p0">
               <span class="ital">Single-family detached house</span> shall mean a detached dwelling unit and which is not considered to be a manufactured
               home.
               </p>
            <p class="p0">
               <span class="ital">Superintendent</span> shall mean the chief administrative officer of the Durham public schools, or his/her
               designee.
               </p>
            <p class="historynote0">
               (Ord. of 9-8-03(1), Â§ 1)
               </p></div>