§ 39-3. Applicability and exemptions.

(a)

On or after the effective date of this chapter, any person who shall construct either a new residential or nonresidential development in the area of the city located within one of the benefit districts as defined by section 39-6, shall be obligated to pay an arterial street impact fee.

(1)

Except as provided in sections 39-3(a)(3) and 39-3(a)(4), no building permit for a residential development shall be issued unless the applicant thereof has paid the applicable impact fee imposed by this chapter unless otherwise exempted under subsection (b) below. If the permit is for less than the entire development, the fee shall be computed separately for the amount of development covered by the building permit.

(2)

No certificate of occupancy, including a temporary or full certificate of occupancy, for nonresidential development shall be issued unless the applicant thereof has paid the applicable impact fee imposed by this chapter unless otherwise exempted under subsection (b) below. If the certificate of occupancy is for less than the entire development, the fee shall be computed separately for the amount of development covered by the building permit from which the certificate of occupancy is requested.

(3)

A conditional building permit may be issued pending the payment of the applicable impact fee where an application for individual assessment or credit has been filed according to section 39-5 or 39-8, as applicable.

(4)

A conditional building permit may be issued where an appeal has been filed with the board of zoning adjustment under section 39-9 and the applicant has provided the impact fee administrator with a letter of credit in the amount of the contested impact fee pending the decision of the board of zoning adjustment.

(b)

This chapter shall not be applicable to building permits or certificates of occupancy otherwise necessary for:

(1)

Room additions, remodeling, rehabilitation or other improvements to an existing structure, provided that there is no increase in the number of dwelling units for residential use or in the applicable development units for nonresidential use, and there is no change of use that would generate more peak hour vehicle traffic than any previous use subject to the provisions of section 39-4(c).

(2)

Rebuilding or replacement of a damaged, destroyed, demolished or removed structure, whether voluntary or involuntary, provided there is no increase in the number of dwelling units for residential use or in the applicable development units for nonresidential use, and there is no change of use that would generate more peak hour vehicular traffic than the previous use, and that the rebuilding or replacement occurs no later than ten years after the demolition or removal of the previous structure.

(Ord. No. 011258, § 1, 9-27-01; Ord. No. 051437, § 1, 2-9-06)