§ 811.0230. Exclusions.

(a)

Intent

The intent of this section is to exclude from the payment of transportation facilities fees the replacement of structures or uses with new structures or uses, that generate the same or a lesser amount of vehicular traffic than those being replaced on the same parcel, including:

(1)

Legally established existing structures, or uses in operation (including mobilehome parks), on the effective date of the applicable Local Area Transportation Facilities Plan. Expansion of such structures or uses shall be subject to such fees.

(2)

Replacements of structures or uses for which fees have been paid pursuant to this Chapter where such replaced structure or use generates the same or less traffic as the structure or use for which the fees were originally paid.

(b)

Residential Exclusions

No transportation facilities fees shall be required for residential building permits or residential mobilehome setdown permits for the following:

(1)

Alterations, repairs, and construction of garages, carports, accessory storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, amateur radio devices or earth stations or any other residential accessory structures.

(2)

Replacement of a legally established residential dwelling unit, including a unit destroyed or damaged by fire, flood, or other accidents or catastrophe provided that:

(A)

Such a replacement will not result in an increase in the number of residential dwelling units, and;

(B)

The proposed type of residential dwelling unit (i.e., single family, multi family, mobilehome, etc.) is within a fee category, as identified in the applicable Local Area Transportation Facilities Plan, for which the per-dwelling unit fee amount is less than or equal to the per-dwelling unit amount of the fee category for the dwelling unit to be replaced. If the proposed type of residential dwelling unit is within a fee category for which the fee amount is greater than the amount of the fee category for the dwelling unit being replaced, the amount of the fee required shall be the difference between the two fee categories.

(c)

Non-Residential Exclusions

No transportation facilities fees shall be required for non-residential uses or buildings for the following activities:

(1)

Alterations and Repairs.

(2)

Replacement of non-residential structures or uses if:

(A)

New or replacement construction will not increase the area or square footage upon which fees are assessed as prescribed in the applicable Local Area Transportation Facilities Plan; and

(B)

The proposed type of structure or use is within a fee category (as identified in the applicable Local Area Transportation Facilities Plan) that has a fee amount that is less than or equal to the amount of the fee category for the structure or use to be replaced. If the proposed type of structure or use is within a fee category that has a fee amount that is greater than the amount of the fee category for the structure or use being replaced, the amount of the fee required shall be the difference between the two fee categories.

(d)

Relationship To Other Transportation Facilities Assessments

The provisions of this Chapter shall not be applicable to property subject to other assessments which wholly provide for the same transportation facilities as the applicable Local Transportation Facilities Plan. Where such assessments partially provide for such facilities the fees or in lieu considerations required through the Local Area Transportation Facilities Plan shall be imposed at a level that only reflects the additional costs of providing the facilities.