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(1) The following development activities and building permit applications do not create additional impact on public facilities and are excluded from the imposition of impact fees adopted under this title (additional exceptions from individual impact fees can be found in Chapters 19.30 and 19.40 CMC):

(a) Shelters or dwelling units for temporary placement, which provide housing to persons on a temporary basis as defined in CMC 18.20.014.

(b) Reconstruction, remodeling, alteration, or replacement of existing legally established single-family or multifamily dwelling unit(s) that does not result in the creation of additional dwelling units or a change of use.

(c) Reconstruction, remodeling, alteration, or replacement of an existing legally established nonresidential building that does not expand the usable space.

(d) Replacement of a structure with a new structure of the same gross floor area at the same site or lot when such replacement occurs within one year of the demolition or destruction of the prior structure; provided, that there is no change in use.

(e) A legal accessory dwelling unit approved under CMC 18.20.016 and 18.25.030(B)(7), as it is considered part of the single-family use associated with this title.

(f) Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100 due to full mitigation of the same system improvement under the State Environmental Policy Act.

(g) Mobile homes permitted as temporary dwellings pursuant to CMC 18.85.170.

(h) Miscellaneous site improvements that do not affect the use of the property or the primary structure, including, but not limited to, fences, retaining walls, swimming pools, mechanical units, and signs. Determination of the building and land use permits that qualify for exclusion under this subsection shall be at the sole discretion of the Community Development Director, or his/her designee, and shall be final.

(i) Demolition or moving of a structure.

(2) The Director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section or under other applicable law. Determinations of the Director shall be in writing and are final. The Director’s determinations are not subject to an independent appeal process, but may be challenged as a condition of the associated development imposing the impact fee. (Ord. 08-21 § 4 (Exh. C); Ord. 16-16 § 1 (Exh. A))