A. The provisions of this chapter shall apply uniformly to all those who benefit from new growth and development except as provided below.
B. The provisions of this chapter shall not apply to the following:
1. Rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years of its destruction;
2. Remodeling or repairing a structure that does not increase the number of service units;
3. Replacing a residential unit, including a modular building or manufactured/mobile home, with another residential unit on the same lot, provided that the number of service units does not increase;
4. Placing a temporary construction trailer or office on a lot;
5. Constructing an addition on a residential structure that does not increase the number of service units;
6. Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements;
7. Upon demonstration by fee payer by documentation such as utility bills and tax records, to the installation of a modular building, manufactured/mobile home or recreational vehicle on that same lot or space for which a development impact fee has been paid previously, and as long as there is no increase in service units.
8. An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption shall be submitted to and determined by the city administrator, or his or her duly designated agent, within ninety (90) days. Appeals of the city administrator's, or his or her duly designated agent's, determination shall be made under the provisions of section 9-4-12, "Appeals", of this chapter. In the event that the city does not have a city administrator, the public works director, or his or her designated agent, shall perform the responsibilities of the city administrator set forth in this chapter. (Ord. 456, 12-13-2005)