§ 56.06. Determination of Transportation Impact Fees.

A.

The Transportation Impact Fee for any traffic generating land use shall be determined either by using the transportation impact fee rate schedule (Exhibit "A") set forth in Section 56.07 of this Chapter or by using the alternative method of calculation set forth in Section 56.08 of this Chapter.

B.

Any applicant may propose to enter into a Transportation Impact Fee agreement with the City as set forth in Section 56.10 of this Chapter in order to establish just and equitable Transportation Impact Fees or their equivalent which are appropriate to the specific circumstances of the traffic generating land use category.

C.

When an application for a development permit has been made includes two or more land uses in any combination, including two or more land uses within a building or structure, the total Transportation Impact Fee assessment shall be the sum of the products, as calculated above, for each land use, unless otherwise provided for in this Chapter.

D.

Except as provided in Section 56.15(H), in the case of a change, redevelopment, or modification of a land use which requires the issuance of a development permit, the Transportation Impact Fee shall be based upon the net increase in the Transportation Impact Fee amount for the new or proposed land use as compared to the Transportation Impact Fee amount based on the existing or last previous land use.

E.

In the case of a demolition or termination of an existing use or structure, if the demolition or termination of the existing use or structure occurred less than ten (10) years prior to the application for a development permit, the Transportation Impact Fee for future redevelopment shall be based upon the net increase in the Transportation Impact Fee amount for the new or proposed land use as compared to a Transportation Impact Fee amount, calculated at current rates based on the highest intensity actual active or previous land use. Any excess transportation impact fee amount, as calculated in this sub paragraph, for the prior use shall not be transferable to another location.

F.

In the case of a relocation of a use, a Transportation Impact Fee shall be assessed to the relocated use at its new location as generally provided in this Section. Redevelopment of the old location from which the use was removed will be assessed a Transportation Impact Fee as provided in subparagraphs D, and E, as applicable.

G.

In order to take advantage of subparagraphs D, E, or F (above) and pay Transportation Impact Fees only for the net increase in the traffic-generating land use category, the applicant shall provide reasonably sufficient evidence that a previous land use had been actively maintained on the site prior to the date of application for the development permit. Such evidence may include proof of utility records, records for the use sought to be shown, or other documentation. Business Tax Receipt (license) issuance is not of itself reasonably sufficient evidence.

H.

Any claim of existing or previous use under subparagraphs D, E, or F (above) must be made no later than the time of application for a development permit. Any claim not so made shall be deemed waived and invalid.

I.

When an application for a development permit has been submitted for a land use, which:

(1)

includes ground floor retail as an auxiliary or secondary use within a mixed-use building located in an AC-3A/T zoning district; and

(2)

the ground floor retail use was "required" by the City as a condition of development approval in order to achieve Growth Management Plan objectives; and

(3)

the primary use, more than sixty-six percent (66%) of the total floor area, of the mixed-use building is office or multi-family residential; and

(4)

then to the extent that the ground floor retail use is required by the City as a condition of development approval, the Transportation Impact Fee assessment for the required retail use is calculated by multiplying the Discounted Impact Fee Rate per 1,000 square feet for the primary land use category by the floor area of the required retail use.

J.

In the event that an applicant for a development permit or the City of Orlando contends that the land use category for which the development permit is proposed is not within the above categories or fits within a different category, then the Transportation Impact Fee Coordinator, or his/her designee shall, after consultation with the Transportation Planning Division Manager, make a determination as to the appropriate land use designation which is consistent with current practices to add land use categories of general applicability to the Transportation Impact Fee Rate Schedule (Exhibit "A") following submission to City Council. In addition, either the City or the applicant can propose actual studies or surveys in order to calculate the most appropriate fee rate. Any such determination may be appealed, consistent with Section 56.23, herein. For additional information see Section 56.08, Alternative Transportation Impact Fee Calculation.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 12-16-1996, Doc. #29904; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 4-13-2009, § 1, Doc. #0904131102; Ord. of 10-5-2009, § 6, Doc. #0910051104; Ord. of 8-30-2010, § 3, Doc. #1008301103; Ord. No. 2011-17, § 1, 4-26-2011, Doc. #1104251101; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 3, 1-8-2018, Doc. #1801081209)