A. The requirements of this chapter shall apply to all development regulated by this title and titles 12 and 13 of this code unless otherwise exempted.
B. Mitigation of impacts on schools, parks and transportation facilities located in jurisdictions outside the city will be required when:
1. The other affected jurisdiction has reviewed the development's impact(s) under its adopted impact fee regulations and has recommended to the city that there be a requirement to mitigate the impact; and
2. There is an interlocal agreement between the city and the affected jurisdiction specifically addressing impact analysis and mitigation.
C. The following are exempted from impact fees:
1. Alteration, expansion, reconstruction, or replacement of existing single-family or multi-family dwelling units that does not result in additional dwelling units.
2. As for school impact fees only, any new dwelling unit subject to restrictions that may be legally enforced by a private party or governmental entity limiting occupants to a minimum adult age or to populations that do not include children under the age of eighteen (18), including nursing homes and retirement centers; provided that this exclusion ceases if the exempted dwelling unit(s) is later converted to permanent use as a dwelling not subject to the restrictions.
3. As for school impact fees only, hotels, motels, and other transient accommodations provided that this exclusion ceases if the exempted development is later converted to permanent use as a dwelling not subject to these restrictions.
4. Accessory dwelling units (exemption applies to school and park impact fees only).
5. Development which has impact mitigation provided through environmental review under the state environmental policy act.
6. Development for which school facility impacts or park impacts have been mitigated by the payment of, or promise or obligation to pay fees, dedicate land, or construct or improve school facilities as part of a permit approval process granted prior to the effective date of this chapter unless the terms of the agreement expressly provide otherwise. (Ord. 778, 10-30-2003, eff. 11-11-2003; amd. Ord. 808, 6-30-2005; Ord. 2021-1073, 3-10-2021)