Calculation of impact fee

(a)

Upon receipt and acceptance by the city of a complete application for a building permit for a new development prior to 5:00 p.m. on January 15, 2006, the zoning department shall determine the amount of the impact fee due pursuant to the following procedure:

(1)

Determine whether the development is exempt as follows:

a.

Single-family residential development.

b.

Development of less than 1,000 square feet not resulting in a net increase in the number of residential dwelling units.

c.

Duplex in multiple family residential development located in the city's designated neighborhood development zones or their equivalent as defined within the effective community development block grant program approved by the city and accepted by the U.S. Department of Housing and Urban Development, as may be amended.

d.

Duplex and multiple family residential development, outside of neighborhood development zones or their equivalent as stipulated hereinabove which is certified by the department of community development as affordable housing with the waiver calculated as a pro rata amount represented by the relationship of the number of affordable housing units in such development, as certified by the department of community development to the total number of units in such development.

e.

Any development which is a nonprofit joint venture with the city, or city-owned or -operated facility.

f.

Any development of regional impact (DRI) (excluding the downtown DRI and the Southeast Overtown/Park West areawide DRI) for which a development order has been issued by the city before the effective date of this article, providing that the building permit for such DRI is obtained within 15 months of the effective date of this article.

g.

As of November 19, 2002, the first three residential development projects that include 201 or more units of multiple family owner-occupied housing valued for purchase by middle-income families located within the downtown central business district, for which a building permit for construction not merely for demolition or foundation work, is issued by the city no later than December 31, 2005 which development shall have at least 70 percent of the units in such development priced for purchase at a value not less than 121 percent and not more than 300 percent of the median value of owner-occupied dwelling units in the city as listed in the 2000 U.S. Census the exemption shall apply only to the residential portion of the development and only to the portions of the development for which the specified building permit is issued prior to December 21, 2005.

(2)

Identify the property's development subarea (i.e., the planning district wherein it falls).

(3)

Calculate the gross square footage of floor area of the building for residential and nonresidential, excluding any exempt portions of the development pursuant to subsection (a)(1).

(4)

Multiply the gross square footage of the development by the appropriate subarea impact fee coefficients in section 13-26.

(5)

Review and, if appropriate, reduce, upon written request of the applicant and verification by the zoning department, the amount of impact fee calculated and otherwise due, by the value to the city of any capital improvements provided by the applicant which are listed in the impact-fee-related capital improvement program. Evidence of capital improvement provision cost shall be submitted by the applicant and shall be subject to review by the city. In no event, however, shall a credit be given for that specific category of projects for more than the amount of the impact fee otherwise due pursuant to this article.

(b)

Prior to making an application for a building permit, an applicant may request a nonbinding good-faith impact fee estimate from the zoning department. The estimate shall be based upon the development potential of the particular site as measured by either:

(1)

The maximum allowable gross square footage permitted by existing zoning, or

(2)

The total gross square footage indicated in the applicant's building plan. The square footage thus determined is then multiplied by the applicable impact fee coefficient.

(Ord. No. 12750, § 2, 12-15-05)

Secs. 13-28—13-50. - Reserved.

ARTICLE II. - DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE[3]

Footnotes: --- (3) ---

Editor's note— Ord. No. 12678, § 2, adopted April 28, 2005, amended article II in its entirety to read as herein set out. Formerly, article II pertained to similar subject matter and derived from Ord. No. 10461, § 1, adopted July 14, 1988; the Code of 1980, §§ 13-41—13-55; Ord. No. 12295, § 3, adopted November 19, 2002. The exhibits referred to in this article are not reproduced in the Code; they can be found on file in city records in the office of the city clerk.