§ 19-1016. Exemptions.

(a)

Exemptions. Pursuant to the provisions of section 36-71-4(1) of the Act, the public policies expressed in the city's comprehensive development plan, as it may be amended, and in accordance with the policies of the council, homeless facilities, affordable housing units and economic development projects shall be exempt from the payment of development impact fees as follows:

(1)

Sales housing units which have a pro-forma sales price equal to or less than one and one-half times median family income may receive a 100 percent exemption from the payment of development impact fees.

(2)

Sales housing units which have a pro-forma sales price greater than one and one-half times median family income but not exceeding two and one-half times median family income may receive a 50 percent exemption from the payment of development impact fees.

(3)

Rental housing units which have a pro-forma rental rate equal to or less than 60 percent times fair market rent may receive a 100 percent exemption from the payment of development impact fees.

(4)

Rental housing units which have a pro-forma rental rate greater than 60 percent times fair market rent but not exceeding 80 percent times fair market rent may receive a 50 percent exemption from the payment of development impact fees.

(5)

Economic development projects, as defined in section 19-1006 of this chapter, may receive a 100 percent exemption from the payment of development impact fees.

(b)

Replacement of Funds. The proportionate share of any system improvement costs lost because of exempted affordable housing units or economic development projects shall be funded from the recoupment account established pursuant to subsection 19-1013(h) hereof or funded from a revenue source other than development impact fees.

(c)

Application for Exemption. To be eligible for an exemption a developer must file an application for exemption with the director before the time development impact fees are imposed. The application for exemption must contain documentation acceptable to the director showing that the criteria for exemptions will be met as well as all requirements of subsection 19-1016(e).

(d)

Basis for Exemptions. Affordable housing units and economic development projects exempted from the payment of development impact fees shall meet the following standards:

(1)

The maximum price of affordable sales housing shall not exceed the amount specified in subsection 19-1016(a).

(2)

The maximum rents for rental housing units shall not exceed the amount specified in subsection 19-1016(a).

(3)

Economic development projects shall conform to the definitions contained in section 19-1006.

(e)

Submission for Approval. A person claiming exemption(s) shall submit to the director information and documentation sufficient to permit the director to determine whether such exemption claimed meets the requirements of this chapter, and, if so, the extent of such exemption. Exemptions must be applied for at the time of the application for a building permit. Affordable housing developments and economic development projects exempted in accordance with the Act and this section 19-1016 shall be approved by the director. Each application to the director for exemption for affordable housing shall be accompanied by a certification from the commissioner of the department of housing attesting that said housing meets the definition of affordable housing units set forth in subsection 19-1016(a) and a certification from the chief financial officer that funds are available, or anticipated to be available during the current fiscal year, to cover the cost of said exemption. Each application to the director for exemption for economic development projects shall be accompanied by a certified copy of the ordinance of the city council creating said housing enterprise zone, commercial enterprise zone, industrial enterprise zone, or designating said historic building, and a certification from the chief financial officer that funds are available, or anticipated to be available during the current fiscal year, to cover the cost of said exemption.

(f)

Homeless Facilities Projects as defined in Article V of the Ordinance, may receive a one hundred (100) percent exemption from the payment of Development Impact Fees.

(Code 1977, § 19-1016; Ord. No. 1998-43, §§ 3, 4, 6-23-98)