Ordinance 25 of 2003

AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 18.98 OF THE SALT LAKE CITY CODE, RELATING TO IMPACT FEES.

SECTION 1. That Section 18.98.060, Salt Lake City Code, be, and the same hereby is, amended to read as follows:

1. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit for such replacement is obtained within twelve (12) months after the demolition or destruction of the prior structure or mobile home and the replacement is completed within twenty four (24) months after the granting of the building permit.

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

3. Construction of accessory structures that will not create significant impacts on the planned facilities.

4. Miscellaneous accessory improvements to use, including, but not limited to, fences, walls, swimming pools, and signs.

6. Placing on a lot in the City a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office.

7. Any development activity not involving the construction or placement of a structure or building, including, but not limited to, the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes, which, as demonstrated by the developer in writing to the Director, will not result in a net increase in demand on facilities covered by impact fees.

B. Nonresidential construction shall be exempted from the payment of the park impact fees.

C. Properties not located in the Westside Industrial Area or the Northwest Quadrant shall be exempted from the payment of roadway impact fees.

D. If, prior to the effective date hereof and in anticipation of the imposition of impact fees, the City and a developer entered into a written agreement providing for the payment of fees, the dedication of land, or the construction of planned facilities by the developer in connection with a development activity, with specific reference to improvements identified in the Capital Facilities Plan, such development activity shall be exempted from the payment of impact fees. The units in such development may be charged a reduced fee pursuant to an independent impact fee calculation under Section 18.98.160 of this Chapter. The developer shall provide to the Director documentation demonstrating compliance with the terms of the voluntary agreement.

E. The following housing is exempt from the payment of impact fees, to the following extent:

1. A one hundred percent (100%) exemption shall be granted for rental housing for which the annualized rent per dwelling unit does not exceed thirty percent (30%) of the annual income of a family whose annual income equals sixty percent (60%) of the median income for Salt Lake City, as determined by HUD;

2. A one hundred percent (100%) exemption shall be granted for nonrental housing for which the annualized mortgage payment does not exceed thirty percent (30%) of the annual income of a family whose annual income equals eighty percent (80%) of the median income for Salt Lake City, as determined by HUD;

3. A seventy five percent (75%) exemption shall be granted for nonrental housing for which the annualized mortgage payment does not exceed thirty percent (30%) of the annual income of a family whose annual income equals ninety percent (90%) of the median income for Salt Lake City, as determined by HUD; and

4. A fifty percent (50%) exemption shall be granted for nonrental housing for which the annualized mortgage payment does not exceed thirty percent (30%) of the annual income of a family whose annual income equals one hundred percent (100%) of the median income for Salt Lake City, as determined by HUD.

The City shall use monies in its General Fund to pay for the exempted development activity.

F. The Director shall 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 Director shall be in writing and shall be subject to the appeals procedures set forth in this Chapter.

SECTION 2. That Appendix A (Impact Fee Schedule) to Chapter 18.98, Salt Lake City Code, be, and the same hereby is, amended to read as follows:

¹Residential units are specified by single-family and multi-family; commercial development is specified by retail, office and industrial.

SECTION 3. EFFECTIVE DATE. That this Ordinance shall take effect on the date of its first publication.

Passed by the City Council of Salt Lake City, Utah, this 23^rd day of May, 2003.

Description		Infill Development	Northwest Quadrant Development	West Side Industrial Area
Public Safety—Fire Fees
	Residential (per dwelling unit)	$ 235.00	$ 235.00	$ 235.00
	Commercial/industrial (per square foot)	0.14	0.14	0.14

Public Safety—Police Fees
	Residential (per dwelling unit)¹	210.00	210.00	210.00
	Commercial/industrial (per square foot)¹	0.13	0.13	0.13

Roadway Fees
	Residential (per single-family dwelling unit)	0.00	1,710.00	0.00
	Residential (per multi-family dwelling unit)	0.00	1,195.00	0.00
	Retail (per square foot)	0.00	6.49	0.69
	Office (per square foot)	0.00	2.56	0.69
	Industrial (per square foot)	0.00	0.00	0.69

Park Fees
	Residential (per dwelling unit)	445.00	950.00	445.00
	Commercial/industrial (per square foot)	0.00	0.00	0.00

Total Fees
	Residential (per single-family dwelling unit)	890.00	3,105.00	890.00
	Residential (per multi-family dwelling unit)	890.00	2,590.00	890.00
	Retail (per square foot)	0.27	6.76	0.96
	Office (per square foot)	0.27	2.83	0.96
	Industrial (per square foot)	0.27	0.27	0.96