§ 3.92.070. Exemptions

A. Any residential development activity or project which has submitted a completed building permit application prior to the effective date of the ordinance codified in this chapter, shall be exempted from the payment of all impact fees.

B. The following shall be exempted from the payment of all impact fees:

1. Replacement of a structure with a new structure of the same size and use at the same site or lot when such replacement occurs within twenty-four calendar months of the date of demolition or destruction of the prior structure;

2. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional living units are created and the use is not changed;

3. The construction of accessory residential structures that will not create a living space and/or induce significant impacts on public recreation facilities;

4. Alterations of an existing nonresidential structure that do not expand the useable space;

5. Miscellaneous improvements, including but not limited to fences, walls, swimming pools, signs, storage and landscaped areas;

6. Demolition or moving of a structure.

C. During the interim impact fee period, no impact fee will be due as a result of a change in the use of a building or structure.

D. During the interim impact fee period, nonresidential new development will not be charged a park impact fee; provided, that a nonresidential development may still be required to dedicate land for parks under the State Environmental Policy Act, Chapter 43.21C RCW.

E. With respect to impact fees for parks and recreation, the director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the Parks Director shall be in writing and shall be subject to the appeals procedures set forth in Section 3.92.100 below.

(Ord. 2474 § 5, 1998)