§ 42-60. Applications and exemptions.

(a)

The following improvements are required to pay road impact fees:

(1)

New construction. The constructions of all new buildings and additions to buildings (unless specially identified below as an exempt improvement).

(2)

Changes of use. In the case of a change of use, redevelopment or modification of an existing building, structure or other land development activity, the impact fee shall be based upon the new increase in the impact fee for the new or proposed land development activity as compared to the existing or last previous land use or activity. Regarding increases in square footage, only the net additional square footage will be subject to additional road impact fees. All buildings constructed prior to the adoption of the city's initial road impact fee ordinance are exempt from this provision.

(3)

Demolition. In the case of a demolition of an existing building or structure, the impact fee for future redevelopment shall be based upon the net increase in the impact fee for the new or proposed land development activity as compared to the land use or activity existing prior to demolition. Credit for the proper use shall not be transferable to another location.

(4)

Relocation of a building. In the case of a relocation of a building or structure, an impact fee shall be assessed to the relocated building at its new location. Future redevelopment of the old location from which the building was removed will receive a credit against the impact fee assessed equal to the impact fee that would have been assessed against the relocated structure. Credits shall not be transferable to the new location.

(5)

Proof of occupancy. In order to take advantage of subsection (2), (3) or (4) above and pay impact fees only for the net increase in development activity, the applicant shall provide reasonably sufficient evidence that the previous land use or activity was actually maintained on the site at any time during the five year period prior to the date of application for the new development approval. Such evidence may include proof of utility records, records for the use sought to be shown, or other documentation. Business Tax issuance is not of itself substantial proof.

(b)

Exempt improvements. The following shall be exempt from payment of the road impact fee:

(1)

Those buildings that have received a building permit prior to the effective date of Ordinance No. 89-68, the Interim Road Impact Fee Ordinance.

(2)

Government owned and operated buildings used for general governmental purposes, including public schools.

(3)

Buildings owned by a fraternal, benevolent, charitable, eleemosynary, philanthropic, altruistic, civic, community, veteran, educational or other nonprofit organization.

(4)

Additions to or expansions of single-family residential buildings where the use is not changed from single-family usage.

(5)

The construction of accessory buildings or structures.

(6)

The replacement of a building, structure or residence with a similar building, structure or residence and with a similar land use.

(7)

Any building that serves the community interests for which the city commission deems the exemption from road impact fees is appropriate and serves a municipal purpose.

(c)

Historic downtown district area . The city may waive any road impact fee required to be paid under this Code, or any portion thereof, if the city commission determines that:

(1)

Such waiver or partial waiver is necessary or appropriate to encourage the development or redevelopment of property situated within the bounds of the historic downtown district area, as described in section 98-188 of this Code, and that such development or redevelopment is necessary or desirable to enhance the safety, aesthetics, function, developability or character of the historic downtown district, encourage economic development, or eliminate or attenuate public health and environmental hazards; and

(2)

Specific architectural, design, landscaping, parking, lighting, and access standards or elements that advance one or more of the foregoing requirements are or shall be implemented as part of the proposed development or redevelopment.

In determining the percentage, if any, of the road impact fee to be waived, the city commission shall base such determination upon the extent to which the criteria set forth within the above (1) and (2) are met. Such waiver or partial waiver shall only be available and become effective if the city commission and property owner enter into a written agreement specifying the terms of such waiver.

This subsection 42-60(c) shall remain in effect for a period of two years beginning on the day that it takes effect, after which two-year period this subsection shall stand repealed unless otherwise provided by ordinance, but any waiver or partial waiver that is granted in accordance with this subsection and which is memorialized in a fully executed written agreement as required hereunder during such two-year period shall continue in effect and shall not be affected by the automatic repeal of this subsection.

(Code 1988, § 11.5-30; Ord. No. 98-89, § I, 12-10-98; Ord. No. 00-38, § II, 6-22-00; Ord. No. 10-01, § I, 1-14-10; Ord. No. 15-30, § II, 4-9-15; Ord. No. 15-51, § I, 6-25-15)