Fresno Municipal Code Art. 4.12 Exemption of Development Fees on Certain Small Residential Developments

This article shall be known as the "Best Utilization of Infill Land Development" (B.U.I.L.D.) Ordinance of the City of Fresno. Although this article regulates the payment of fees prescribed by the Zoning Ordinance of the City of Fresno, it shall not be deemed a part thereof.

(Added Ord. 2013-21, § 1, eff. 8-24-13).

The Council desires to provide incentives for development within the City. It is Council's intent to provide an exemption of the development impact fees on any replacement or reconstruction of an existing single family, duplex, triplex or fourplex unit that has been destroyed or demolished, where the use of the property will not change or be intensified. Typically, fees would have been paid when the structure was previously constructed. This exemption is with the expectation that it will encourage and promote development of vacant and underutilized lots within established neighborhoods.

(Added Ord. 2013-21, § 1, eff. 8-24-13).

"Small Residential Development" for purposes of this article, shall mean the development constructing not more than four residential units in total, consisting of single family, duplex, triplex or fourplex units, where the new construction is replacing substantially similar dwellings with the same number of units.

(Added Ord. 2013-21, § 1, eff. 8-24-13).

Small Residential Developments shall be eligible for exemption of development impact fees, provided the development meets the following criteria:

(a) The development is any replacement or reconstruction of an existing Small Residential Development; and

(b) The development is substantially similar to the unit being replaced or reconstructed, such as a single family, duplex, triplex or fourplex unit; and

(c) The replacement or reconstruction does not significantly expand or intensify the use of the property.

(Added Ord. 2013-21, § 1, eff. 8-24-13).

(a) Applications for fee exemption shall be submitted to the Director of Public Works, at or before the time of building permit approval. Applications for fee exemption shall not be submitted until after approval of all discretionary planning entitlements, except that applications for fee exemption can be submitted concurrently with applications for design review.

(b) The Director of Public Works shall approve the application upon a determination of fee exemption based on the criteria in Section 12-4.1204.

(Added Ord. 2013-21, § 1, eff. 8-24-13).

In the event of a conflict between this article and any other provisions of this code, ordinance, resolution, or administrative guideline adopted by Council, this article shall apply on the governance of fee exemptions.

(Added Ord. 2013-21, § 1, eff. 8-24-13).