The following words are defined for purposes of this chapter:
"Building permit"
means the permit issued or required by the city for the construction
of any dwelling, industrial or commercial unit pursuant to and as
defined by the Uniform Building Code.
"Department"
means the department of parks and community services.
"Director"
means the director of the department of parks and community
services.
"Dwelling unit"
means a building or part of a building designed for occupancy
as a residence by one family.
"Facilities"
means city-wide park and recreation facilities, land, improvements
or infrastructure shown and included in the park master plan.
"Fee" or "city-wide park fee"
means the fee established by this chapter. The fee shall
be collected prior to the issuance of any building permit. The fee
shall be used solely to finance the facilities.
"Industrial development"
means a building or a portion of a building engaged in processing
and manufacturing of materials and/or the manufacture of previously
prepared materials including processing, fabrication, assembly, treatment,
packaging, storage, sales and distribution of such products.
"Mobile home park"
means any area or tract of land where one or more mobile
home sites are rented or held out for rent. "Mobile home park" includes
the terms "mobile home court," "trailer court" and "trailer park."
"Multiple-family dwelling"
means a building designed for occupancy as a residence by
two or more families, living independently of each other. Provided,
that multiple-family dwelling also includes forms of group living,
including, without limitation, senior citizen homes, retirement homes
or boarding homes.
"Office development"
means buildings or portions of buildings wherein services
are performed involving administrative, professional or clerical services.
"Retail development"
means a building or a portion of a building engaged in the
sale of merchandise, foods, goods and services.
(Ord. 90-9 § 3)
A. Fee
Imposed. A parks facilities development fee shall be imposed as a
condition of the issuance of all building permits in the city. The
city council shall, by resolution, set forth the specific amount of
the parks development facilities fee, identify the specific public
improvements to be financed thereby, describe the estimated costs
of the facilities, describe the reasonable relationship between the
fee and the various types of new development, and describe the relationship
between the need for the facility and the various types of new development.
The city may, in its sole discretion, accept from an applicant for
a building permit an offer to dedicate land for use as a city park
in lieu of all or any portion of a parks facilities development fee,
when the land is substantially equal in value, as determined by the
city, to the fee or portion of the fee imposed upon said applicant.
B. Date
Due. The parks facilities development fee shall be paid by each applicant
prior to issuance of a building permit.
(Ord. 90-9 § 3; Ord. 93-23 § 4)
There is excepted from the fee imposed by this chapter the construction
and occupancy of any unit which is a replacement for a unit being
removed from the same lot or parcel of land. The exception shall apply
as a credit not to exceed the fee which would be payable under this
chapter if the unit being replaced were being newly constructed.
(Ord. 90-9 § 3)
Any fee, penalty and interest paid to the city under this chapter
for any building, unit of a building or mobile home park which is
not constructed shall be refunded upon application of the payor and
a showing to the satisfaction of the director of finance that such
building or unit has not been constructed or construction commenced,
and that the building permit issued for such building or unit has
been canceled or surrendered or otherwise does not authorize the construction
of such building or unit.
(Ord. 90-9 § 3)
All proceeds from the fees, penalty and interest collected under
this chapter shall be paid into a segregated fund of the city, which
fund shall be used only for the acquisition, development, renovation,
improvement and replacement of parks and recreational facilities and
their development, including equipment for recreational purposes.
(Ord. 90-9 § 3)
The parking facilities development fee shall be adjusted each
succeeding July 1st, commencing July 1, 1999, to reflect inflationary
costs. The fees shall be adjusted by the ratio which the Engineering
News Record's Construction Cost Index (twenty cities) for the most
recent July 1st bears to the July 1, 1998 index.
(Ord. 90-9 § 3; Ord. 98-17 § 1)