§ 10.65 EXEMPTIONS.
   (a)   A building is exempt from the benchmarking and assessment requirements of § 10.62 if its primary use is . A may make a request to the city to qualify for this exemption. The will determine whether the building qualifies for an exemption based on available zoning, assessing, and related data.
   (b)   The may exempt a from the benchmarking and assessment requirements of § 10.62 for a single year if the submits documentation establishing any of the following:
      (1)   The property the building is situated in is presently experiencing qualifying financial distress in that the property is:
         (A)   the subject of a qualified tax lien sale or public auction due to property tax arrearages;
         (B)   the property is controlled by a court-appointed receiver based on financial distress;
         (C)   the property is owned by a financial institution through default by the borrower;
         (D)   the property has been acquired by a deed in lieu of foreclosure; or
         (E)   the property has a senior mortgage which is subject to a notice of default;
      (2)   The building or areas of the building subject to the requirements of this article have been less than 50% occupied during the calendar year for which benchmarking is required; or
      (3)   The building does not have a certificate of occupancy or temporary certificate of occupancy for all 12 months of the calendar year for benchmarking is required.
(Ord. 2021-30, passed 9-13-2021)