§ 10-275. Who must pay impact fees.

(a)

Any person who, after the effective date of this article, shall commence any new impact generating land development activity, shall be required to pay impact fees in the manner and amount set forth in this article.

(b)

In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the existing land development activity. If a subsequent change in the nature of an existing land development activity, or a replacement of the existing land development activity to be permitted generates additional traffic, then the new land development activity shall pay impact fees only to the extent of the net increase in the impact of the new development activity. The amount of the impact fee that is due as a result of the change in land use shall be paid prior to the issuance of a certificate of occupancy for construction or remodeling. If the change of land use does not require the issuance of a building permit or site plan approval, then there shall be no requirement to pay an impact fee. The planning division shall calculate the impact fee due to a change in use. Under no circumstances will a refund of the impact fee be granted for change of use. Where portable buildings utilized for education have paid an impact fee at one site and such buildings are relocated to another site, no additional impact fees will be required for such relocation.

(c)

Any land development activity, for which a complete application for a building permit has been submitted prior to the effective date of any impact fee increase, may pay impact fees for that land development activity at the rate in effect at the time a complete application for a building permit has been submitted, provided however, this provision shall apply only as long as such building permit remains valid.

(d)

Notwithstanding any provision to the contrary, any modification to an existing use which does not exceed five hundred (500) square feet, and the addition of a room to a residential structure which does not create an additional dwelling unit, shall be deemed de minimis impacts and no impact fee shall be due for such modifications. Except for residential additions, which do not create an additional dwelling unit, de minimis impact modifications shall be limited to one per calendar year per parcel. The addition of a dwelling unit greater than (one thousand) 1,000 s.f.g.l.a. in size, to a parcel already occupied by a single-family residence, when not attached to such single-family residence by a habitable space, shall be considered as an additional dwelling unit subject to payment of a separate impact fee.

(e)

Reserved.

(f)

Education facilities. The board hereby finds that providing incentives for the creation of private educational facilities reduces the burden on public educational facilities, benefits the community as a whole and constitutes a valid public purpose. The board further finds that private educational facilities may provide fiscal benefits to the county in excess of the cost of the project's impact to the county's major road network. The board further finds that by operation of state law public educational facilities are exempt from the payment of impact fees. Therefore, the board may, in its sole discretion, grant a partial or total rebate of all impact fees actually paid in cash on account of an impact generating land development activity when the original occupant of such development activity was a private educational facility from kindergarten through high school, upon letter application from the fee payer. To be considered for such rebate, an application for rebate must be filed with the county administrator within seven (7) years of the date of payment of such fees, and the improvements must still be in use as a private educational facility as of the date of the application. Payment of any rebates made to the applicant shall be made from the county's general fund.

(Ord. No. 15-14, § 1, 9-1-2015)