§ 23-91. Computation of the amount of public capital facilities impact fee.

(a)

At the option of the feepayer, the amount of the fee may be determined by the following fee schedule:

SCHEDULES OF CAPITAL FACILITIES IMPACT FEES

Land Use Type	Library		Buildings		Law Enforcement		Jail
Residential:	Effective 11/15/12	Effective 08/14/13	Effective 11/15/12	Effective 08/14/13	Effective 11/15/12	Effective 08/14/13	Effective 11/15/12	Effective 08/14/13
Single-family, detached	$0.00	$107.00	$0.00	$466.00	$0.00	$86.00	$0.00	$7.00
Single-family, attached	0.00	75.00	0.00	327.00	0.00	61.00	0.00	5.00
Multifamily	0.00	81.00	0.00	352.00	0.00	65.00	0.00	5.00
Mobile home, 1 acre	0.00	107.00	0.00	466.00	0.00	86.00	0.00	7.00
Mobile home, other	0.00	90.00	0.00	390.00	0.00	72.00	0.00	6.00
Recreational vehicle lot	0.00	0.00	0.00	217.00	0.00	40.00	0.00	3.00
Hotel/motel—Room	0.00	0.00	0.00	217.00	0.00	40.00	0.00	3.00
Residential—Other	0.00	107.00	0.00	466.00	0.00	86.00	0.00	7.00
Industrial and warehousing, per 1,000 square feet:
Industrial *	0.00	0.00	0.00	168.00	0.00	31.00	0.00	3.00
Warehouse *	0.00	0.00	0.00	124.00	0.00	23.00	0.00	2.00
Storage *	0.00	0.00	0.00	72.00	0.00	13.00	0.00	1.00
Office, financial, retail and restaurant, per 1,000 square feet
Medical *	0.00	0.00	0.00	576.00	0.00	107.00	0.00	9.00
General *	0.00	0.00	0.00	335.00	0.00	62.00	0.00	5.00
Retail *	0.00	0.00	0.00	651.00	0.00	121.00	0.00	10.00
Restaurant *	0.00	0.00	0.00	1012.00	0.00	187.00	0.00	16.00
* Indicates square feet of gross building area

 

The new impact fee rates shall apply to all building permits and certificates of use issued after the stated effective date. A building permit and certificate of use applications which are in process but not yet issued shall be subject to the impact fee rates in effect at the time the building permit or certificate of use is actually issued by the county, unless excepted pursuant to the process in Exhibit D. A limited exception process to the application of the new fees is provided for in Exhibit D of the ordinance; failure to timely utilize the stated exception process before the deadline is a jurisdictional defect prohibiting any subsequent challenge to the fee.

The reference in the schedule to square feet refers to the gross square footage of each floor of a building measured to the exterior walls, and not usable, interior, rentable, non-common or other forms of net square footage.

(1)

If a building permit or certificate of use is requested for mixed uses, then the fee shall be determined according to the above schedule by apportioning the space committed to uses specified on the schedule.

(2)

If the type of development activity a building permit or certificate of use is applied for is not specified on the above fee schedule, the county administrator or his designee shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule.

(3)

In the case of change of use, redevelopment, or modification or expansion of an existing use which may or may not require the issuance of a building permit, the impact fee shall be based upon the net increase in impact for the new use as compared to the previous use.

(b)

If a feepayer opts not to have the impact fee determined according to paragraph (a) of this section, then the feepayer shall prepare and submit to the county administrator or his designee an independent fee calculation study for the land development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed calculation methodologies and formats established by the county administrator or his designee. Any adjustment to the fees in the schedule contained in subsection (a) may only be based upon impact or use characteristics that are expected to exist throughout the expected life of the structure and may not be based upon temporary or transitory use characteristics.

(Ord. No. 86-27, § 6, 10-28-86; Ord. No. 93-6, § 6, 3-25-93; Ord. No. 96-13, § 6, 7-16-96; Ord. No. 97-16, § 6, 7-7-97; Ord. No. 01-17, § 6, 10-23-01; Ord. No. 2005-05, § 12, 6-2-05; Ord. No. 2009-14, § 4, 11-10-09; Ord. No. 2010-26, § 3, 11-9-10; Ord. No. 2011-20, § 5, 11-15-11; Ord. No. 2012-13, § I(Exh. C), 11-13-12; Ord. No. 2013-1, § IV, 1-8-13)