(a) Term. This chapter and the procedures established herein shall remain in effect unless and until repealed, amended, or modified by the City Council in accordance with applicable State law and the Codified Ordinances.
(b) Affected Area. Development impact fees are to be imposed only on new development proposed within the corporate boundaries of the City, by development fee service area.
(c) Type of Development Affected. Except as provided in subsection (d) below, this chapter applies to all new development.
(d) Type of Development Not Affected; Exemptions. This chapter does not apply to:
(1) Previously-Issued Building Permits. The previously applicable development impact fee will be imposed on new development for which a building permit has been issued prior to the effective date of this chapter, or an amendment thereto, except that if such building permit expires, the development will be treated as new development and be subject to the provisions of this chapter. The impact fees in effect at the time the permit is applied for will apply to new development.
(2) No Net Increase in Nonresidential Floor Area. No development impact fee may be imposed on any new nonresidential development that does not result in the creation of new floor area, unless the Zoning Inspector makes a written determination that the new development increases the demand for public facilities for which development impact fees are being imposed.
(3) Replacements. No development impact fee may be imposed on the replacement of a destroyed or partially destroyed building or structure provided that there is no change in use and no net increase in the number of dwelling units or amount of nonresidential floor area.
(4) Temporary Uses. No development impact fee may be imposed on a temporary use, including construction trailers and offices, but only for the life of the building permit issued for the construction served by the trailer or office.
(5) Development Agreements. No development impact fee may be imposed on new development that is the subject of a duly executed and lawful development agreement entered into by an applicant and the City prior to the effective date of this chapter, or an amendment thereto, which agreement contains provisions in conflict or inconsistent with this chapter, but only to the extent of the conflict or inconsistency.
(6) Governmental Uses Exempt. No development impact fee may be imposed on development proposed by a local, regional, state, or federal governmental agency if the imposition of the fee is prohibited by law. Prior to the issuance of a building permit, the governmental agency seeking an exemption pursuant to this subparagraph must apply to the City Council for approval. If the City Council grants the exemption, the City Council must deposit funds from a revenue source other than impact fees into the designated impact fee account equal in amount to the impact fees otherwise owed by the governmental agency.
(7) Other Uses. No development impact fee may be imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a building permit is required, which does not result in an increase in the demand for public facilities.
(e) Effect of Payment of Development Impact Fees on Other Applicable City Land Use, Zoning, Platting, Subdivision, or Development Regulations.
(1) The payment of development impact fees shall not entitle the applicant to a building permit unless all applicable land use, zoning, planning, dedication, platting, subdivision, or other related requirements, standards, and conditions of the Codified Ordinances have been met. Such other requirements, standards, and conditions are independent of the requirement for payment of a development impact fee.
(2) This chapter shall not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards, or other applicable standards or requirements of the Codified Ordinances, which shall remain operative and in full force and effect without limitation.
(f) Amendments. This chapter, and any ordinance adopting development impact fees for any particular public facility pursuant to this chapter, may be amended from time to time by the City Council; provided, however, that no such amendment shall be adopted without a written report detailing the reasons and need for the development impact fee revision nor without proper notice and public hearing as required by state law and the Codified Ordinances.
(Ord. 2003-62. Passed 11-5-03; Ord. 2022-36. Passed 9-7-22.)