3.873 Partial and Full Exemptions.
(1) The uses listed and described in this section shall be exempt, either partially or fully, from payment of the SDC. Any Applicant seeking an exemption under this section shall specifically request that exemption no later than the time of application for the building permit. Where new development consists of only part of one or more of the uses described in this section, only that/those portion(s) of the development which qualify under this section are eligible for an exemption. The balance of the new development which does not qualify for any exemption under this section shall be subject to the full SDC. Should the applicant dispute any decision by the City regarding an exemption request, the applicant must apply for an alternative exemption calculation under Section 3.880. The applicant has the burden of proving entitlement to any exemption so requested.
(2) Temporary uses are fully exempt so long as the new development use or structure will be used for not more than 180 days and for no more than a single calendar year.
(3) Alteration permits for tenant improvements are fully exempt.
(4) New development which, in the Administrator’s opinion, will not create demands on the system greater than those of the present use of the property are fully exempt.
(5) At the option of the property owner, accessory dwelling units (ADU) of 900 square feet and smaller, as defined in Section 10.012, are exempt from 50 percent of the parks SDC for exemption applications filed during the period of time beginning December 1, 2020, and ending on June 30, 2025. The exemption authorized by this section is subject to the following:
(a) Persons seeking the exemption shall submit an application, on a form provided by the City, prior to or concurrently with submittal of applications for building permits.
(b) An ADU receiving an exemption may not be used as a short-term rental for a period of 10 years following approval of the application for exemption of parks SDCs permitted under this section. A restrictive covenant and compliance agreement documenting this restriction, in a form approved by the City, shall be recorded with Jackson County, at applicant’s expense, and submitted to the City prior to issuance of certificate of occupancy of the ADU for which the exemption was approved.
(c) The owner of an ADU receiving the exemption shall complete and submit to the City an annual compliance questionnaire during the 10-year exemption period. The questionnaire will seek information documenting the monthly rental amount charged for the ADU, and confirming that the ADU is not being used as a short-term rental. If the owner of an ADU fails to submit a completed annual compliance questionnaire with accurate information within 60 days from the date of mailing, the City may, at its option, seek to terminate the compliance agreement and recover the exempted parks SDCs pursuant to the terms of the restrictive covenant and compliance agreement referenced in subsection (5)(b) of this section.
(d) For purposes of this section, “short-term rental” means rental of a residential dwelling unit, or any portion thereof, to overnight guests for fewer than 30 consecutive days.
(e) Appeals of any administrative decisions made by the City pursuant to this section are subject to the appeal procedures set forth in Section 1.025, Uniform Appeal and Hearing Procedure.