HomeMy WebLinkAboutOrdinance No. 20175ORDINANCE NO. 24175
AN ORDINANCE CGNCERNING SYSTEMS DEVELOPMENT
CHARGES, AND AMENDING SECTIONS 7.725 AND 7.730 OF
THE EUGENE CODE, 1971
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 7.725 fib} of the Eugene Code,1971, is amended to provide as follows;
7.725 SDC - Exemptions. The following are exempt from the systems development charge
imposed in section 7.705;
fib} Any conducting of a building or mining operation, or ma~.ng of a
physical change in the use or appearance of a structure or which does not increase the
usage of any capital improvement or which does not create the need for additional
capital improvements. However, the SDC methodology adopted under section 7.710
of this code may require that a proposed development or redevelopment be reviewed
by the city in order to determine whether such an impact wi11 be incurred. If this
review occurs and it is determined that there will be no increased usage of any capital
improvements and no additional capital improvements will be needed, then an
administrative charge shall be assessed for this review.
Section 2. Section 7.730 of the Eugene Code, 1971, is amended to provide as follows:
7.730 SDC -Credits.
~ 1 } As used in this section and in the definition of "qualified public
improvements" in section 7.010 the word "contiguous" means: in a public way which abuts,
~2} when development occurs which does not constitute a redevelopment that will
change the use of a building in its entirety and which must pay a system development charge under
section 7.705 of this chapter, the system development charge for the existing use shall be calculated
and if it is less than the system development charge for the proposed use, the difference between the
system development charge for the existing use and the system development charge for the proposed
use shall be the system development charge required under section 7.705. if the change in use
results in the system development charge for the proposed use being less than the system
development charge for the existing use, no system development charge shall be required; however,
no refund or credit shall be given.
~3} when redevelopment occurs that will change the use of a building in its
entirety and which must pay a system development charge under section 7.705 andlor an
administrative charge per the SDC methodology adopted under section 7.710 of this chapter, the
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system development charge for the previous most intense verifiable use per system ~i.e. arks
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stormwater, transportation, wastewater} shall be calculated and if it is less than the system
development charge for the proposed use, the difference between the system develo ment char e
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for the previous most intense verifiable use per system and the system development char e for the
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proposed use shall be the system development charge required under section 7.705. If the than e in
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use results in the system development charge for the proposed use being less than the system
development charge far the previous most intense verifiable use per system, no system develo ment
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charge shall be required for that system; however, no refund or credit shall be given and an
administrative charge shall be imposed.
~4} The limitations on the use of credits contained in this subsection shall not
apply when credits are given under subsection 7.7304} of this section. A credit shall be iven for
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the cost of a qualified public improvement associated vv~th a development. If a ualified ublic
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improvement ~s located partially on and partially off the parcel of land that is the subject of the
approval, the credit shall be given only for the cost of the portion of the improvement not located on
or wholly contiguous to the parcel of land, The credit provided for by this subsection shall be onI
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far the public improvement charge imposed for the type of improvement bung constructed and shall
not exceed the public improvement charge even if the cost of the capital improvement exceeds the
applicable public improvement charge.
~5} when establishing the methodology, the city manager may provide for a credit
against the public improvement charge, the reimbursement fee, or both, for a capital improvement
constructed as part of the development that reduces the development's demand upon existing capital
improvements or the need for future capital improvements ar that would otherwise have to be
constructed at city expense under the then-existing council policies.
~6} Except to the extent that a capital improvement far which a credit is given is
part of the phasing of a larger project and that the credit received against the systems development
charge is greater than the charge far the phase where the capital improvement is constructed, credit
shall not be transferable from one development to another.
~7~ Credit shall not be transferable from one type of capital improvements to
another.
Section 3, The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to administratively correct any reference errors contained herein or in other rovisions
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of the Eugene Code,1971, to the provisions added, amended or repealed herein.
Passed by the City Council this
Sth day of November, 1999
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City Recorder
Approved by the Mayor this
8th day of November, 1999
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Mayo
Ordinance ~ Z