§ 56.15. Exemptions.

The following shall be exempted from payment of the Transportation Impact Fee:

A.

Alteration or expansion of an existing dwelling unit of a residential land use where no additional units are created or the use is not changed.

B.

The construction of accessory buildings or structures or the addition of uses, to the extent that there is no increase in trip generation, with respect to the existing principal land use. For example, though not exclusively: (i) Construction of a detached garage (without a living unit), to a single family residential unit; (ii) construction of a shade structure with no services performed under it and no additional occupancy because of it: and (iii) up to 15% of warehouse (unit) floor area used for office but still assessed as warehouse space.

C.

Construction of a residential unit(s), owner-occupied or tenant- occupied, with a City-approved Affordable or Attainable Housing Certification to the following extents: (any exemption in this category may operate as a reimbursement, without interest, if the Project is not certified, as described above, at the time of application for development permit but obtains City-approved Affordable or Attainable Housing certification prior to the issuance of a certificate of occupancy for the applicable unit).

1.

One hundred percent (100%) reimbursement/exemption of the transportation impact fees assessed for certified Affordable Housing units, if the certified Affordable Housing project meets the City's commuter criteria, and the development site is located within ¼-mile walking distance along a designated roadway or trail from a premium transit stop or station (Exhibit "C").

2.

Fifty percent (50%) reimbursement/exemption of the transportation impact fees assessed for certified Affordable Housing units if the certified Affordable Housing project is not located within a ¼ (one-quarter) mile walking distance along a designated roadway or trail from a premium transit stop or station (Exhibit "C").

D.

Low-income, owner-occupied, or tenant-occupied housing as defined by Resolution of the City of Orlando, Florida, adopting an affordable housing certification process and establishing an effective date, adopted on February 8, 1993, Documentary No. 25367-A, and any amendments thereto, or as approved by the Housing and Community Development Department of the City of Orlando.

E.

Outdoor eating and drinking areas that constitute less than 25% of the total eating and drinking establishment, including the outdoor square footage used or leased in connection with the outdoor eating and drinking establishment. These are outdoor areas integrally related and customarily found in association with eating and drinking establishments. Establishments with vehicle drive-through facilities or which later construct vehicle drive-through facilities are not eligible for this exemption.

F.

Publicly owned and operated buildings, structures or uses used for general governmental purposes (to include but not limited to public schools, sewer, stormwater, police, fire, ground transportation, solid waste, parks, and recreation).

G.

The publicly owned air passenger terminal buildings at Orlando International Airport ("OIA") and at Orlando Executive Airport ("OEA"), for those airport-related land uses therein which are provided within the terminal building and which the consumption is exclusively within public airport terminals of comparable size and at a scale commensurate with the level of activity at the airport (including all expansions and additions thereto). Fixed Based Operators to the extent that they provide essential airport services.

Those land uses at OIA and OEA which are of a type which must be located on an airport, but which will not be used and occupied primarily for essential airport services at OIA and OEA, shall pay impact fees based on actual use. All other land uses occurring on the premises of OIA or OEA, unless otherwise exempted, shall be subject to full payment of the Transportation Impact Fee. For purposes of this subsection, the term "essential airport service" shall mean the provision of goods or services which are essential to the safe and efficient operation of the airport.

H.

For the period beginning April 11, 2011, any change, redevelopment, or modification of a land use that results in a commercial or industrial use which requires the issuance of a development permit:

(i)

provided that the proposed land use is consistent with the City's then current zoning and future land use designation for such property and

(ii)

to the extent that the size of the structure(s) is not increased or expanded and the footprint of the structure(s) is not altered.

This exemption to payment of all or a portion of a Transportation Impact Fee for any change, redevelopment or modification of a land use is limited to:

(i)

a maximum of twenty thousand dollars ($20,000.00) and

(ii)

applicants for a development permit that constitute a Small Business as that term is defined by the City's Economic Development Department's Office of Business Assistance per the United States Small Business Administration's size standards, effective July 2014. The exemption shall not apply to any development permits issued prior to April 11, 2011, including development permits which have been issued pursuant to an approved Transportation Impact Fee Payment Plan under Section 56.10(3), City Code and development permits which have [been] issued pursuant to an Alternative Transportation Impact Fee Calculation under Section 58.08, City Code. The Applicant and Property Owner agree that the exemption or reduction is non-transferable without the written consent of the City's Transportation Planning Division Manager or his/her designee and does not affect the City's authority to impose impact fees on future development of the property. The City's Transportation Planning Division Manager or his/her designee, shall, prior to October 1st of each year, review and analyze this subsection to determine if it remains necessary and in the public interest to facilitate economic development, based on generally accepted principles and data. If the Transportation Planning Division Manager determines that the exemption established by this subsection is not necessary and in the public interest to facilitate economic development, he or she shall make a recommendation to the City's Chief Administrative Officer that this subsection be amended to terminate or revise the exemption accordingly. Previously granted exemptions under this subsection shall be reviewed annually to ensure compliance with the terms and conditions of the application for development permit and the standards of the exemption. If any violation is found, the City shall be entitled to impose an impact fee on the property in the amount of the exemption.

I.

Any new development, or portion thereof, located on a development site which is defined as a Transit Oriented Development, "TOD," under this Chapter to the extent that the below criteria are met:

1.

The development site shall be composed of a compact, dense mixture of land uses, including residential, with the ground floor consisting of primarily (>50%) active uses, as defined in this Chapter.

2.

Pedestrian facilities serving the development sits shall meet or exceed City codes and policies.

3.

Bicycle facilities serving the development site shall meet or exceed City codes and policies.

4.

Reserved.

5.

The Developer shall enter into an agreement(s) to fund or subsidize transit ridership for employees, residents, and/or guests at the development site. A completed application form requesting the TOD exemption must be submitted to the City's Transportation Planning Division Manager, for review. It is the applicant's responsibility to submit sufficient data in a timely fashion for said review. If the City's Transportation Planning Division Manager determines that insufficient data has been submitted or that any of the four criteria are not met, the application for exemption will be denied. Each of the four criteria, if met in full, shall receive a twelve and one-half percent (12½%) reduction to the Transportation Impact Fee assessed against the development or portion thereof, with the approval of the Transportation Division Manager. The terms of this TOD subsection shall only apply to building permits issued after January 1, 2016, as long as a complete application for said permit is filed on or before August 1, 2015.

J.

Any claim of exemption must be made no later than the time for application for a development permit. Any claim not so made shall be deemed invalid.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 6-6-1988, Doc. #22149; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 12-16-1996, Doc. #29904; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 4-13-2009, § 1, Doc. #0904131102; Ord. of 8-30-2010, § 9, Doc. #1008301103; Ord. No. 2011-17, § 2, 4-26-2011, Doc. #1104251101; Ord. No. 2012-8, § 2, 3-12-2012, Doc. #1203121202; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2013-21, § 2, 5-6-2013, Doc. #1305061205; Ord. No. 2014-72, § 2, 12-15-2014, Doc. #1412151204; Ord. No. 2017-73, § 8, 1-8-2018, Doc. #1801081209)