After an exaction requirement has been paid, no further exactions shall be required for any development activity. In addition, the following shall be exempted from payment of exactions:
(a) The alteration or expansion of an existing building or use of land where no additional living units are created, where the use is not changed, where no development activity takes place, or where the proposed use shall not result in need for increased public facilities.
(b) The construction of accessory buildings, excluding accessory dwelling units; attached garages in conjunction with a residential use; additions to structures existing at the time of adoption of this Article; or structures which will not produce additional impact on the roads, parks, open space, stormwater management facilities, sanitary sewer transmission lines and sanitary sewer treatment facilities over and above those produced by the principal building, accessory dwelling units, or use of the land.
(c) The replacement of a building, mobile home or structure that was in place on the effective date of this Article, or the replacement of a building, mobile home or structure that was constructed subsequent thereto and for which the correct exactions had been paid or otherwise provided for, with a new building, mobile home, or structure of the same use, provided that no additional impact on the roads, parks, open space, stormwater management facilities, and sanitary sewer transmission lines and sanitary sewer treatment facilities will be produced over and above those produced by the original use of the land.
(d) The construction, alteration or expansion of publicly owned and operated school buildings or other public buildings owned, operated and occupied by local, state, or federal government agencies.
(e) Affordable housing shall be eligible for a reduced exaction if the developer can demonstrate that the housing to be constructed will be used to provide housing for low income persons for a period of no less than fifteen (15) years. Factors to be considered in determining the amount of reduction shall include the size and scope of the project, whether other funds are available to pay for the portion of the developer exaction which is otherwise due, and whether the proposal will fulfill established goals or policies in the Comprehensive Plan and the Expansion Area Master Plan to ensure a wide range of housing options to the citizens of Lexington-Fayette County. The determination of the reduction shall be by appeal to the Exaction Appeals Committee, as outlined in Section 23C-12.
(f) Developments located within a Scenic Resource Area which are not included in the pre-calculated reduced exaction in the Exaction Schedule shall be eligible for a reduced exaction if the developer can demonstrate that the permitted units to be developed are so low as to cause an unfair burden relative to the impact of the development. Factors to be considered in determining the amount of the reduction shall include the size and scope of the project, whether or not the right to sell density transfer rights has been forfeited, and whether the proposal will fulfill established goals or policies in the Comprehensive Plan and the Expansion Area Master Plan. The determination of the reduction shall be by appeal to the Exaction Appeals Committee as outlined in Section 23C-12.
(g) Any person claiming exemption(s) pursuant to Subsections (a) through (f) of this section, above, shall submit to the Chief Administrative Officer information and documentation sufficient to permit a determination of whether such exemption claimed is proper and, if so, the extent of such exemption. Exemptions must be applied for by no later than the time of the application for a building permit. Any exemptions not so applied for shall be deemed waived.
(Code 1983, § 23C-9; Ord. No. 175-2002 , § 1, 7-16-2002; Ord. No. 207-2002 , § 1, 8-22-2002; Ord. No. 166-2017 , § 11(23C-9), 11-16-2017)
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