§ 107-6. Construction not subject to impact fees.

(a)

The following projects and construction activities do not constitute "development" as defined in this chapter, and are therefore not subject to the imposition of impact fees:

(1)

Rebuilding no more than the same number of units of development (as defined in this chapter) that were removed by demolition, or destroyed by fire or other catastrophe, on the same lot or property.

(2)

Remodeling or repairing a structure that does not result in an increase in the number of units of development.

(3)

The construction of accessory buildings or structures which will not produce additional demand for parks and recreation facilities over and above those produced by the principal buildings or structures.

(4)

Placing a temporary construction or sales office on a lot during the period of construction or build-out of a development project.

(5)

Replacing a residential housing unit with another housing unit on the same lot or property.

(6)

Constructing an addition to or expansion of a residential dwelling unit that may increase the floor area or number of rooms but does not increase the number of housing units.

(7)

Adding uses that are typically accessory to residential uses and intended for the personal use of the residents, such as a deck or patio, detached garage or utility shed, satellite antenna, pet enclosure, or private recreational facilities such as a swimming pool or tennis court.

(b)

A person claiming to be not subject to impact fees under this section shall submit to the administrator information and documentation sufficient to permit the administrator to determine whether such claim is correct. Any such claim must be made no later than the time of application for a building permit except in the case of a private development agreement approved by the city council under section 107-32, below. Any such claims not so applied for shall be deemed waived.

( Ord. No. 2016-10-33 , § I, 10-18-2016)