3.85.330   Exemptions from transportation facility fees.
   Notwithstanding any provisions of this chapter to the contrary, a transportation facility fee shall not be assessed and levied upon the owner of property located within the city at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:
   A.   The reconstruction of a building or structure located on the property which was damaged or destroyed by fire or other casualty, provided that any reconstructed residential building does not contain any additional dwelling units and provided that any reconstructed nonresidential building or structure does not contain any additional area within the reconstructed building or structure; or
   B.   The reconstruction of a building or structure voluntarily demolished or ordered to be demolished by the building official, provided a demolition permit was issued and finalized at the time of demolition and provided that the building official has verified the last known use and square footage of the building or structure, and provided further that any reconstructed residential building does not contain any additional dwelling units and provided that any reconstructed nonresidential building or structure does not contain any additional area within the reconstructed building or structure; or
   C.   The construction of, expansion of or addition to a publicly owned building or structure, or the commencement of the use of a building or structure for public purposes; provided, however, that where the city constructs, expands or adds to a city- owned building or structure, the city council shall consider the need for any additional street facility improvements caused by such building or structure, and, where appropriate, shall construct and install or fund the construction and installation of such street facility improvements.
(Ord. 1956 §1 (part), Ord. 2000 §1, Ord. 2391)