(A) The following types of new development shall be exempt from the impact fees imposed pursuant to §§ 14-19-1 et seq.:
(1) Any addition or expansion to a building which does not increase the number of service units attributable to the addition or expansion.
(2) Any accessory building for a subordinate or incidental use to a dwelling unit on residential property, or any expansion of an existing dwelling unit, which building does not constitute a new dwelling unit.
(3) Any reconstruction of a destroyed or partially destroyed building provided that the destruction of the building occurred other than by willful razing or demolition. The exemption only applies to the replacement of the previous facility. A change of land use or increase in dwelling units shall be addressed through § 14-19-13.
(4) Governmental entities, including the city, are not exempt from the payment of impact fees. However, no fire impact fee shall be assessed or collected for the construction of a fire capital improvement, and no police impact fee shall be assessed or collected for the construction of a police capital improvement.
(5) Full or partial waivers of impact fees shall be provided for affordable housing projects that meet the criteria set forth in the Development Process Manual.
(6) Full or partial waivers of impact fees shall be provided for projects within metropolitan redevelopment areas that meet the criteria set forth in the Development Process Manual. Notwithstanding the provisions of the Development Process Manual, such waivers shall be provided for both non-residential and residential development within the metropolitan redevelopment area that conforms to the metropolitan redevelopment area plan and any others applicable within the metropolitan redevelopment area.
(B) Applications for exemptions.
(1) An applicant for an exemption from impact fees shall have the burden of claiming and proving that a development project qualifies for any of the exemptions listed in this section prior to the issuance of a building permit. Such exemptions shall be granted or denied in writing by the impact fees administrator or his/her designee, subject to appeal pursuant to § 14-19-20.
(2) An application for an exemption shall be made on forms provided by the city. An application not filed before the issuance of a building permit shall be deemed waived.
(3) The city may adopt administrative procedures and guidelines to implement exemptions granted pursuant to this section.
(Ord. 2012-034; Am. Ord. 2017-025)