HomeMy WebLinkAboutOrdinance No. 20093ORDINANCE No. 20093
AN ORDINANCE ESTABLISHING A LOVIJ-INCOME HOUSING
SYSTEMS DEVELOPMENT CHARGE EXEMPTION;
AMENDING SECTION ?.125 OF THE EUGENE CODE,1971;
AND ADOPTING AN AMENDMENT To THE SYSTEMS
DEVELOPMENT CHARGE METHODOLOGY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 1.125 of the Eugene Code,1911, is amended to provide:
1.125 SDC -Exemptions,. The following are exempt from the systems development
. charge imposed in section 1.105:
~a} Except for the systems development charge attributable tv the
sanitary sewer system and the storm sewer system, all development which
existed or for which the city had received a completed building permit
application on or before June 30, 1991 or for which a building permit was
issued before that date.
fib} Any conducting ofa building or mining operation, yr making of
a physical change in the use or appearance of a structure orwhich does nat
increase the usage of any capital improvement or which does not create the
need for additional capital improvements. Except for the initial connection to
the sanitary sewer by an existing single family dwelling, any modification to
a single family dwelling that does not increase the number of dwelling units
the structure or does not change the use of the structure is exempt under
this provision.
~c} Housing for low-income persons, subject to the following
limitations:
~1 } Commencing with the 1998 fiscal year, and continuing
each fiscal year thereafter, the city manager or designee may waive
a base amount totalling $115,OOO annually of system development
charges for housing for low-income persons.
~2} Each fiscal year that there is a change in the rates for
the system development charges for residential development, the
base amount for that fiscal year shall be adjusted in an amount
proportionate to that change.
~3} If any portion of the authorized base amount remains
unallocated at the end of a fiscal year, that portion shall be added to
the authorized base amount for the next fiscal year.
~4} I n the event the property for which an exemption is
ordinance -1
granted ceases to be utilized for housing for low-income persons or
is sold or transferred for use other than housing for low-income
persons within five years from the date the certificate of exemption is
recorded, the person to whom the exemption was granted shall be
required to pay to the city the amount of the exempted systems
development charges, plus interest at the statutory rate for interest on
a judgment from the date the certifcate was recorded.
~5} Upon issuance of the certificate of occupancy, the city
shall record the certificate of exemption documenting the date and
amount of the exemption with the Lane County Recorder's office.
~6} A transfer from an owner to whom an exemption was
granted to the initial lessee under a lease to purchase agreement
shall not be deemed a transfer of ownership for purposes of this
subsection.
~7} The exemption authorized herein does not include an
exemption from the regional wastewater systems development
charge.
~8} For purposes of this subsection ~c}, "low-income
persons" means:
1, With regard to rental housing, persons with an
income at or below 60 percent of the area median income as
determined by the State Housing Council based on information
from the United States Department of Housing and Urban
Development; and
2. With regard to home ownership housing and
lease to purchase home ownership housing, persons with an
income at or below 80 percent of the area median income as
determined bythe State Housing Council based on information
from the United States Department of Housing and Urban
Development.
Section 2. Notwithstanding the provisions of Section 7.7105}requiring the adoption
and or amendment of the Systems Development Charges Methodology by administrative
orderof the City Manager, Section 2.1 of the Systems Development Charges Methodology
is amended as set forth in Exhibit A, attached hereto and incorporated by reference.
Subsequent amendments thereto shall be effected in conformity with Section 1.110 of the
Eugene Code, 1971.
Ordinance - 2
Section 3. The City Recorder, at the request of, orwith the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, ~ 9l~ , to the provisions added, amended or
repealed herein.
Passed by the City Council this
~ 5th day of October, ~ 99l
~` ~ //
City Recorder
Approved by the Mayor this
15th day of October, 1997
Mayor
ordinance ~ 3
EXHIBIT "A"
Amendment to
Systems Development Charge Methodologies
Section ~.0 ofthe City of Eugene Systems Development Charge Methodologies is
amended by adding the following Subsection 2. ~ ~4}thereto:
~.~ Exemptions
~4} For property improved or developed for housing for low-income persons,
sub~ecttothe limitations andlorconditionsimposed inSection 1.?~5~c} of the
Eugene Code, ~ 9l~ .
Exhibit A to Ordinance No. X0093