17.13.060 Partial and Full Exemptions.

(Amended by Ordinance No. 176511, effective May 29, 2002.) The uses listed and described in this Section shall be exempt, either partially or fully, from payment of the Parks and Recreation SDC. Any Applicant seeking an exemption under this Section shall specifically request that exemption no later than the time of the City’s completion of the final inspection. Where New Development consists of only part of one or more of the uses described in this section, only that/those portion(s) of the development which qualify under this section are eligible for an exemption. The balance of the New Development which does not qualify for any exemption under this section shall be subject to the full SDC. Should the Applicant dispute any decision by the City regarding an exemption request, the Applicant must apply for an Alternative Exemption calculation under Section 17.13.080. The Applicant has the burden of proving entitlement to any exemption so requested.

A.  New Development which does not contain Dwelling Units is fully exempt.

B.  Hotel and motel units, shelters, group homes, dependent care facilities, and dormitories are fully exempt.

C.  Temporary uses are fully exempt so long as the use or structure proposed in the New Development will be used for not more than 180 days in a single calendar year.

D.  Low Income Housing, developed by a Non-profit organization or the Housing Authority of Portland which meets the following requirements shall be fully exempt for the Parks and Recreation SDC:

1.  If rental housing is developed by a Non-Profit organization or the Housing Authority of Portland, the rental rates are affordable to households earning 60% or less of the Area Median Income as annually determined by the U.S. Department of Housing and Urban Development for the Portland Metropolitan Area.

2. If rental housing is developed by a For-Profit organization, the rental rates are affordable to households earning 60% or less of the Area Median Income as annually determined by the U.S. Department of Housing and Urban Development for the Portland Metropolitan Area.

3. If owner occupied housing is developed by Non-Profit organization or the Housing Authority of Portland, the prices are affordable to households earning 100% or less of than the Area Median Income as annually determined by the U.S. Department of Housing and Urban Development for the Portland Metropolitan Area.

4. If owner occupied housing is developed by a For-Profit organization, the prices are affordable to households earning 100% or less of the Area Median Income as annually determined by the U.S. Department of Housing and Urban Development for the Portland Metropolitan Area.

5. For purposes of this section, affordability shall be defined by the Administrator and be consistent with other City of Portland fee waiver programs.

6. The Applicant has the burden of proving to the Administrator’s satisfaction that rents and housing prices, in fact, qualify for this exemption. In the event a qualifying Low Income Housing development fails to maintain qualifying rent or price levels, the exemption shall terminate for that development and the then applicable Parks and Recreation SDC shall be due and owing.

E.  Alteration permits for tenant improvements are fully exempt.

F. New construction or remodeling where no additional Dwelling Unit(s) are created is fully exempt.

G. New construction of accessory buildings and structures which will not create additional Dwelling Units are fully exempt.

H. For New Development which includes a mix of exempt and non-exempt forms of Development, the applicable exemption(s) shall apply only to that portion of the New Development to which the exemption applies.