§ 9.75-57. Process for exemption approval.

An application for exemption shall be considered under the following procedures:

(1)

Application for exemption approval must be made by the building permit applicant to the administrator. A building permit may be issued upon approval of an exemption, or may be issued without payment of applicable impact fees following receipt of a complete exemption application and pending its approval, but a certificate of occupancy shall not be issued until a decision regarding the exemption has been made, or until such time that the application for exemption is otherwise withdrawn by the applicant and payment of impact fees have been paid.

(2)

Documentation must be provided to the administrator that demonstrates the applicant's eligibility for an exemption. This documentation shall address, but need not be limited to, all applicable exemption criteria adopted by the city. This documentation constitutes the application for exemption.

(3)

The administrator in his or her sole discretion shall determine whether an application for exemption addresses the exemption criteria adopted by the city and is complete. A negative determination by the administrator may be appealed to the city council in accordance with the administrative appeals section of this chapter.

(4)

The administrator or the city council shall determine the eligibility for and extent of exemption, in accordance with the standards and procedures contained in the exemption criteria adopted by the city council. If action by the city council is required, the application for exemption shall be considered at the next regularly scheduled meeting of the city council that falls at least two (2) weeks after a complete application for exemption has been received by the administrator.

(Ord. No. 71-06, § 6.02, 10-19-06)