Skip to main content
Loading…
This section is included in your selections.

(1) The following development activities do not create any additional school impacts, or fully mitigate for any school impacts, and are exempt from the collection and assessment of school impact fees under this chapter:

(a) Any development of housing for the elderly, including nursing homes, retirement centers, and any type of housing units for persons age 55 and over, which have recorded covenants or recorded declaration of restrictions precluding school-aged children as residents in those units.

(b) Any construction or building permit that does not include residential sleeping/bedroom space.

(c) Any change of use that does not increase the scope or nature of the residential use of the property.

(d) Any development activity for which school impacts have been fully mitigated pursuant to a condition of development approval (e.g., plat approval) to pay fees, dedicate land, or construct or improve school facilities, unless the condition of the development approval provides otherwise.

(e) Any development activity for which school impacts have been fully mitigated pursuant to a voluntary agreement entered into with the district to pay fees, dedicate land, or construct or improve school facilities, unless the terms of the voluntary agreement provide otherwise; provided, that the agreement predates the effective date of impact fee imposition.

(2) The Director shall be authorized to determine whether a particular development activity falls within an exclusion identified in this 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 Chapter 14.45 CMC. (Ord. 16-16 § 1 (Exh. A))