§ 23-73. Exemptions.

The following shall be exempted from payment of the public educational facilities impact fee:

(1)

Alteration or expansion of an existing residential building where no additional units are created and where the use is not changed.

(2)

The construction of accessory buildings or structures.

(3)

The replacement of a residential land use unit with a new unit of the same type and use.

(4)

The replacement of a lawfully permitted building, mobile home, or structure of the same use and at the same location.

(5)

A building permit for which the public educational impact thereof has been or will be paid or otherwise provided for pursuant to a written agreement, zoning approval or development order which, by the written terms thereof, clearly and unequivocally was intended to provide for the full mitigation of such impact by enforcement of the agreement, zoning approval or development order, and not by the application of this division.

(6)

A building permit which does not result in any additional impact on public educational facilities as sufficiently demonstrated by the applicant and approved by the school district.

(7)

The construction of any nonresidential building or structure.

An exemption must be claimed by the feepayer prior to or at the time of the issuance of the first building permit for vertical construction. It shall be the responsibility of the feepayer to provide reasonable and sufficient supporting documentation for any exemption claimed. Any claim for exemption made after the issuance of the first building permit for vertical construction shall not be considered by the county and any right to make said claim shall be deemed waived by the property owner.

(Ord. No. 86-26, § 10, 10-28-86; Ord. No. 93-7, § 10, 3-25-93; Ord. No. 96-15, § 10, 7-16-96; Ord. No. 97-15, § 10, 7-7-97; Ord. No. 01-16, § 10, 10-23-01; Ord. No. 2009-18, § II, 12-8-09)