(A) Additions to single-family dwelling that do not constitute the addition of a dwelling unit, as defined by the State Uniform Building Code, being ORS 455.010 et seq., are exempt from all portions of the SDC.
(B) An alteration, addition, replacement or change in use that does not increase the parcel’s or structure’s use of the public improvement facility is exempt from all portions of the SDC.
(C) The issuance of a permit for a manufactured housing unit on which applicable systems development charges have previously been paid.
(D) Development with vested rights, determined as follows:
(1) Any owner of land that was the subject of a building permit or development permit issued prior to the effective date of this chapter may petition the city for a vested rights determination which would exempt the land owner from the provisions of this chapter. Such petition shall be evaluated by the City Manager and a decision made based upon all three of the following criteria being met:
(a) The existence of a valid, unexpired building or development permit authorizing the specific development for which a determination is sought;
(b) Substantial expenditures or obligations made or incurred in reliance upon such permit; and
(c) Other factors that demonstrate it is inequitable to deny the owner the opportunity to complete the previously approved development under the conditions of approval by requiring the owner to comply with the requirements of this chapter. For the purposes of this division (D), the following factors shall be considered in determining whether it is inequitable to deny the owner the opportunity to complete the previously approved development:
1. Whether the injuries suffered by the owner outweighs the public cost of allowing the development to go forward without payment of the systems development charges required by this chapter; and
2. Whether the expenses or obligations of the development were made or incurred prior to the effective date of this chapter.
(2) The City Manager shall make a written determination as to whether the owner has established a vested right in the development and, if so, whether the development would be exempt from the provisions of this chapter.
(Ord. 1247, passed 3-6-2007)