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The following development activities are exempt from the requirements of this chapter:

(1) Reconstruction, remodeling or construction of housing projects for the elderly, including nursing homes, retirement centers, assisted living facilities or other types of housing projects that are age restricted for the elderly, which have recorded covenants or declaration of restrictions precluding school-aged children as residents of those projects. This exemption does not include individual single-family homes on platted lots unless the subject plat has such age-restricted recorded covenants. Where such covenants have not already been recorded, but the exemption is sought, the City may require the recording of a covenant or recorded declaration of restriction precluding the property for other than exempt purposes. If property using this exemption is subsequently used for a nonexempt purpose, the school impact fees then in effect shall become immediately due and payable.

(2) Rebuilding of lawfully established dwelling unit(s) destroyed or damaged by fire, flood, explosion, act of nature, or other accident or catastrophe; provided, that such rebuilding takes place within one year after destruction and that no additional dwelling units are created.

(3) Alteration, expansion, reconstruction, remodeling, or rebuilding of existing single-family or multifamily dwelling units, including mobile or manufactured homes; provided, that no additional dwelling units are created.

(4) Condominium projects in which existing dwelling units are converted into condominium ownership and where no new dwelling units are created.

(5) Any development activity for which school impacts have been mitigated pursuant to a condition of a plat, short plat, planned unit development, binding site plan or similar approval to pay fees, dedicate land or construct or improve school facilities, unless the condition of that plat, planned unit development, short plat, or binding site plan approval provides otherwise. The condition of the plat, planned unit development, short plat, site plan, or other similar approval must have been secured prior to April 16, 2012, the effective date of the fee imposition by the City, and was actually imposed specifically as mitigation for impacts upon the District. Proof must also be submitted to the City that the required mitigation has been tendered for the development activity which would otherwise be subject to this chapter.

(6) Any development activity for which school impacts have been 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. The agreement and development activity application must also have been secured prior to April 16, 2012, the effective date of the school impact fee. Proof must also be submitted to the City, prior to issuance of the development activity permit, that the required mitigation has been tendered for the development activity which would otherwise be subject to this chapter.

(7) The replacement of a mobile home with another mobile home within an existing mobile home park. [Ord. 4046, 2012; Code 1970 § 3.133.050.]