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The following development activities shall be exempted from payment of impact fees:

A. Reconstruction, remodeling or construction of the following facilities, subject to the recording of a covenant or recorded declaration of restrictions precluding use of the property for other than the exempt purpose; provided, that if the property is used for a nonexempt purpose, then the park impact fees then in effect shall be paid:

1. Shelters or dwelling units for temporary placement which provide housing to persons on a temporary basis for not more than four weeks.

2. Construction or remodeling of transitional housing facilities or dwelling units that provide housing to persons on a temporary basis for not more than 24 months, in connection with job training, self-sufficiency training and human services counseling the purpose of which is to help persons make the transition from homelessness to placement in permanent housing.

B. Rebuilding or replacement of a legally established dwelling unit(s) destroyed or damaged by fire, flood, explosion, act of God or other accident or catastrophe; provided, that such rebuilding takes place within a period of one year after destruction with a new building or structure of the same size and use.

C. Alteration or expansion:

1. Of an existing building where less than 100 square feet are added and where the use is not changed; and/or

2. The construction of accessory buildings or structures of less than 100 square feet.

D. Mobile home where the installation of a replacement mobile home on a lot or other such site when a park impact fee for such mobile home site has previously been paid pursuant to this chapter or where a mobile home legally existed on such site on or prior to the effective date of the ordinance codified in this chapter.

Any claim or exemption must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

E. Condominium projects in which existing dwelling units are converted into condominium ownership where no new dwelling units are created and the size of each dwelling unit is not increased by more than 100 square feet.

F. Previous mitigations where:

1. The development activity is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act (SEPA).

2. The development activity for which park impacts have been mitigated pursuant to a condition of plat or PUD approval to pay fees, dedicate land or construct or improve park facilities, unless the condition of the plat or PUD approval provides otherwise; provided, that the condition of the plat or PUD approval predates the effective date of fee imposition as provided herein.

3. Any development activity for which park impacts have been mitigated pursuant to a voluntary agreement entered into with the city to pay fees, dedicate land or construct or improve park facilities, unless the terms of the voluntary agreement provide otherwise; provided, that the agreement predates the effective date of fee imposition as provided herein. (Ord. 2192 § 1, 2016; Ord. 1707 § 10, 1997).