Notwithstanding any provisions of this chapter to the contrary, a park facility fee shall not be assessed and levied upon an 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 located on residential property which was damaged or destroyed by fire or other casualty, provided that the reconstructed residential building does not contain any additional dwelling units;
B. The reconstruction of a building located on residential property 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;
C. The construction of, expansion of or addition to a publicly owned building, or the commencement of the use of a building for public purposes; provided, however, that where the city constructs, expands or adds to a city-owned building, the city council shall consider the need for any additional park facility improvements caused by such building and, where appropriate, shall construct and install or fund the construction and installation of such park facility improvements; or
D. The construction of a building used primarily for congregate housing of persons who are fifty-five years of age or older.
(Ord. 1956 §1 (part), Ord. 2000 §3, Ord. 2391)