18.25.090 General provisions – Applicability.
(A) Annual Review.
(1) At least once each year, the city manager or his designee shall coordinate the preparation and submission of an annual report to the city council on the subject of development fees in connection with the annual audit report or in such other manner as the city manager may determine.
(2) The annual report may include any or all of the following:
(a) Recommendations of the development fee committee;
(b) Recommendations for amendments, if appropriate, to these procedures or to specific ordinances adopting development fees for particular public facilities;
(c) Other data, analysis or recommendations as the city manager or appropriate designee may deem appropriate, or as may be requested by the city council.
(B) Type of Development Affected. This chapter shall apply to all new development as herein defined and as defined in the development fee ordinances for particular public facilities.
(C) Type of Development Not Affected. This chapter shall not apply to:
(1) No Net Increase in Dwelling Units. No development fee shall be imposed on any new residential development which does not add a new dwelling unit, unless the new development increases the demand for public facilities for which development fees are being imposed.
(2) No Net Increase in Nonresidential Square Footage. No development fee shall be imposed on any new nonresidential development which does not add square footage, unless the new nonresidential development increases the demand for public facilities for which development fees are being imposed.
(3) Other Uses. No development fee shall be imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a building permit is required, which does not result in an increase in the demand for public facilities.
(4) Development projects which are the subject of a development agreement containing provisions in conflict with this chapter, but only to the extent of the conflict or inconsistency.
(D) Effect of Payment of Development Fees on Other Applicable City Land Use, Zoning, Platting, Subdivision or Development Regulations.
(1) The payment of development fees shall not entitle the applicant to a building permit unless all other applicable land use, zoning, planning, platting, subdivision or other related requirements, standards and conditions have been met. Such other requirements, standards and conditions are independent of the requirement for payment of a development fee.
(2) Neither this chapter nor the specific development fee ordinances for particular public facilities shall affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of the city land development regulations which shall be operative and remain in full force and effect without limitation. (Ord. No. 2014-03, §§ 1 – 3, 6-17-14. 1976 Code § 7-7-3)