§ 56.38. Exemptions, Discounts.
(a)
Where a building permit is required for the rehabilitation, renovation, or redevelopment of an existing residential development, the applicant shall not be liable for the parks impact fee for each existing residential dwelling unit, but must pay the impact fee for each new residential unit, if any, developed as part of the rehabilitation, renovation, or redevelopment project. A residential unit is considered "existing" for purpose of this section if it was actually used for residential purposes for at least six months within 10 years of the issuance of the building permit for the rehabilitation, renovation, or redevelopment. The applicant is responsible for providing competent substantial evidence of the actual residential use of each unit. Such evidence may include, without limitation, utility records, building plans, leases, mail addressed to the dwelling unit or units, and sworn statements from past residents.
(b)
Affordable housing. The impact fee shall be discounted for certified affordable housing, as defined by Chapter 67 of this Code, as follows:
1.
By 100% if the affordable residential development is located wholly inside a Community Park service area (or areas) and a Neighborhood Park service area (or areas) that are operating at or above the city's respective adopted level of service. For purposes of this paragraph, the level of service shall be measured at the time that the first building permit is issued for the proposed residential development and the measurement must include the new residential units of the proposed affordable residential development.
2.
By 50% if the affordable residential development is located within any part of a Community Park service area (or areas) or a Neighborhood Park service area (or areas) that are operating below the city's respective adopted level of service. For purposes of this paragraph, the level of service shall be measured at the time that the first building permit is issued for the proposed residential development and the measurement must include the new residential units of the proposed affordable residential development.
(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205)