§ 10.70.250. Exemptions and exceptions.

A.

Affordable housing units are exempt from the TIP and TIF. Restrictions on household incomes, rents and sales prices shall be in the form of a regulatory agreement, affordability agreement, resale controls, declaration of covenants, or similar binding instrument executed by the city and the applicant. Such restrictions shall be recorded against the affordable housing units as covenants running with land, senior in priority to any private liens or encumbrances, and shall be enforceable by the city against the project applicant or the applicant's successors-in- interest to the units for the full affordability term. In the case of rental units, the restrictions shall have a term of not less than fifty-five (55) years from the date of initial occupancy of the unit. In the case of ownership units, the restrictions shall have a term of not less than forty-five (45) years from the date of initial occupancy of the unit.

B.

Residential development projects are exempt from TIP and TIF impact fees for any remodel, as long as it does not result in a change of use or does not increase the number of housing units.

C.

A reconstruction of a razed structure shall receive a fee credit only if the applicant submits documentation to the satisfaction of the Development Director establishing that the razed structure was in existence in accordance with the timing requirements of this subsection. If a development project receives a credit pursuant to this subsection, the amount of the fee to be paid shall be: (i) the amount of the fee required pursuant to subsection 10.70.250(A) for the entire new structure, (ii) minus the amount of the fee which would have been required pursuant to subsection 10.70.250(A) for the last legal use of the razed structure. In order to be entitled to a credit for the traffic impact fee, the razed structure is required to have been in existence on or after the date this ordinance is in effect.

D.

An applicant may request a refund of a fee previously paid in accordance with this chapter only if the applicant provides written documentation to the satisfaction of the Development Director that: (1) the building permit (including any permit or city approval on which the fee was imposed) is cancelled or voided, and (2) work has not progressed on the building permit which would allow commencement of a new use or change of use, and (3) the city has not already committed the fees to the construction of traffic or transportation facilities. Any refund made pursuant to this subsection may, in the discretion of the Development Director, include a deduction to cover the city's administrative costs of processing the refund.

(Ord. 12786 § 1 (part), 2007)