1-22-7: EXEMPTIONS FROM IMPACT FEES:

   A.   The following types of land development shall be exempted from payment of the impact fees imposed by this chapter:

      1.   Rebuilding the same amount of square feet of a dwelling unit or nonresidential structure that was destroyed by fire or other catastrophe, provided that the structure is rebuilt and ready for occupancy within two (2) years of its destruction.

      2.   Construction of an unoccupied, detached accessory structure, or addition of uses related to a dwelling unit unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements.

      3.   Remodeling or repairing a dwelling unit or a nonresidential structure in a manner that does not increase the number of service units.

      4.   Replacing a dwelling unit with another dwelling unit on the same lot, provided that the number of service units does not increase.

      5.   Placing a temporary construction trailer or office on a lot.

      6.   Constructing an addition on a residential structure which does not increase the number of service units.

      7.   Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements.

   B.   An impact fee will be assessed for installation of a modular building, manufactured home or recreational vehicle unless the fee payer can demonstrate by documentation such as utility bills and tax records, either: (1) that a modular building, manufactured home or recreational vehicle was legally in place on the lot or space prior to the effective date of this chapter; or (2) that an impact fee has been paid previously for the installation of a modular building, manufactured home or recreational vehicle on that same lot or space. Lawful storage of a recreational vehicle shall not be deemed installation for purposes of this chapter.

(Ord. 643, 11-10-2020)