(A) The following types of developments, listed in division (B) below, shall be exempted from payment of the local water impact fees. Any claim for exemption shall be made not later than the time when the applicant applies for the first water connection permit for the proposed development that creates the obligation to pay the local impact fees. Any claim for exemption not made at, or before, that time shall have been waived.
(B) The City Council, or designee, shall determine the validity of any claim for exemption pursuant to the standards set forth below:
(1) Reconstruction, expansion, or replacement of a previously-existing residential unit that does not create any additional residential units, or installation of a larger water meter;
(2) The replacement of a destroyed, or partially destroyed, non-residential building, or structure, with a new non-residential, or structure, of the same use as the original structure, and with no more than a 5% increase in floor area from the original structure, and no increase in the size, or number, of water meters;
(3) Construction of unoccupied accessory structures related to a residential unit;
(4) Developments for which local impact fees for each type of facility covered by this subchapter has previously been paid in an amount that equals, or exceeds, the local impact fees that would be required by this subchapter;
(5) Developments built by the federal government and the state;
(6) Public schools;
(7) Construction within a duly established redevelopment district, or improvement district, for which the local impact fees have specifically been waived by resolution of the City Council prior to commencement of the improvements; and
(8) Such other economic, or community, development projects for which the local impact fees have specifically been waived by resolution of the City Council prior to commencement of the development.
(Ord. 2019-13, passed 7-22-2019)