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(4d) In the event the property for which an exemption is granted <br />ceases to be utilized for housing for low-income persons or is sold <br />or transferred for use other than housing for low-income persons <br />within five years from the date the certificate of exemption is <br />recorded, the person to whom the exemption was granted shall be <br />required to pay to the city the amount of the exempted systems <br />development charges, plus interest at the statutory rate for <br />interest on a judgment from the date the certificate was recorded. <br />(5e) Upon issuance of the certificate of occupancy, the city shall record <br />the certificate of exemption documenting the date and amount of <br />the exemption with the Lane County Recorder’s office. <br />(6f) A transfer from an owner to whom an exemption was granted to <br />the initial lessee under a lease to purchase agreement shall not <br />be deemed a transfer of ownership for purposes of this <br />subsection. <br />(7g) The exemption authorized herein does not include an exemption <br />from the regional wastewater systems development charge. <br />(8h) For purposes of this subsection (c2), “low-income persons” <br />means: <br />1. With regard to rental housing, persons with an income at or <br />below 60 percent of the area median income as determined <br />by the State Housing Council based on information from the <br />United States Department of Housing and Urban <br />Development; and <br />2. With regard to home ownership housing and lease to <br />purchase home ownership housing, persons with an income <br />at or below 80 percent of the area median income as <br />determined by the State Housing Council based on <br />information from the United States Department of Housing <br />and Urban Development. <br /> <br /> <br />Section 5. Section 7.730(3) of the Eugene Code, 1971, is amended to provide as <br />follows: <br />7.730 SDC - Credits. <br />(1) As used in this section and in the definition of “Qualified public <br />improvements” in section 7.010, the word “contiguous” means: in a <br />public way which abuts. <br />(2) When development occurs which does not change the use of a building <br />in its entirety and which must pay a system development charge under <br />section 7.705 of this chapter, the system development charge for the <br />existing use(s) shall be calculated and if it is less than the system <br />development charge for the proposed use(s), the difference shall be the <br />system development charge. If the change in use results in the system <br />November 26, 2018, Meeting - Item 4