[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1173 and 1219-13.
[Amended 4-3-2023 by Ord.
No. 1284]
The City Council has determined that it is reasonable and in
the public interest to enact and impose systems development charges
for the purpose of recovering a fair share of the cost of additional
water, sewer, storm drain, street, fire, police and park facilities
from those properties which, as part of their development and use,
create needs for those expanded facilities. The Council finds that
the public would benefit from a long-range approach to the financing
of such facilities. Experience has demonstrated that the lack of systems
development charges casts an unfair burden on non-benefitting taxpayers
and residents in the form of higher property taxes and bond issue
costs.
[Amended 4-3-2023 by Ord.
No. 1284]
As used in this article, unless the context otherwise requires:
(a)
Building areas: The gross floor area of a building or the land area
occupied by a structure other than a building, as the term "building"
and "structure" are defined in the current edition of the Uniform
Building Code.
(b)
Land area: All surface area of any parcel, including building area,
excepting any portion of the parcel within a recorded right-of-way
or easement for public street or alley.
(c)
Parcel or parcel of land: A platted lot or any other tract of land
which is or may be lawfully occupied by a structure or structures
or other uses including the yards and other open spaces required under
the zoning ordinance or reasonably attributable to an existing or
proposed use.
[Amended 4-3-2023 by Ord.
No. 1284]
Development charges are imposed upon all parcels of land in the City, except those parcels exempted in § 7-94. Three computations are used to determine these charges:
(a)
Systems structure fee. An amount computed on the basis of the number
of square feet in the building area.
(b)
Systems area fee. An amount computed on the basis of the number of
square feet of land area.
(c)
General. The systems development charges shall be indexed with the
Engineering News Record and adjusted on a quarterly basis.
[Amended 4-3-2023 by Ord.
No. 1284]
The systems development charge is immediately due and payable
upon and concurrently with the issuance of a valid permit for connection
to the city water and sewer system, or of a valid building permit,
whichever occurs first.
[Amended 4-3-2023 by Ord.
No. 1284]
(a)
Temporary exemption. Any parcel of land located within the city on
July 6, 1977, for which a complete and valid building permit was issued
shall be exempt from systems development charges to the extent of
the structure covered by that building permit and the land as it was
constituted on July 6, 1977. Issuance of water and sewer connections
permit are subject to the availability of the respective services
under current city policy and this article is not intended to alter
limitations or requirements otherwise imposed for issuance of the
connection permits.
(b)
Exemption for certain additions and alterations. Alterations which
do not increase the floor space of a structure or increase the land
area occupied by the structure are exempt from all portions of the
systems development charges. Additions to residential dwellings which
do not constitute the addition of a living unit, as defined by the
building code, are exempt from all portions of the system development
charges.
(c)
Change in use. A change in use results whenever an application for
a building permit is filed to expand an existing structure or construct
a new structure on a parcel of land that has previously paid systems
development charges. When such a change of use occurs, a systems development
charge is imposed, but credit shall be given for the systems structure
fee and systems area fee portions of the computed systems development
charge in an amount equal to what would otherwise be the charge for
the existing structure and use. The credit so computed shall not exceed
the calculated systems development charge. No refund shall be made
on account of such credit.
(d)
Warehouses. Any structure constructed for use solely for the purpose of storing goods, wares, or merchandise shall be exempt from the systems structure fee for that portion of the building area which exceeds five thousand square feet. If the use of that structure is changed, the provision of subsection (c) of this section shall apply effective on the date the use is changed, whether or not a building permit is applied for or required.
(e)
Mobile homes and mobile home parks. The systems development charges
for mobile home parks shall be computed in a different manner by City
resolution.
[Amended 4-3-2023 by Ord.
No. 1284]
All systems development charges shall be computed by the building
official. Appeals may be made to the City Administrator. Any person
who is aggrieved by any decision made by the City Administrator under
this article may further appeal that decision to the City Council
by filing a written request within ten days after said decision, describing
with particularity the decision of the City Administrator from which
the person appeals. The council shall at its next regular meeting
hear and consider the appeal. In determining the appeal, the Council
shall determine whether the City Administrator's decision is
correct and may affirm, modify, extend, or overrule that decision.
[Amended 4-3-2023 by Ord.
No. 1284]
The systems development charge provided for in this article
is separate from and in addition to any applicable tax, assessment,
charge, or fee otherwise provided by law.
