21.03.060 Exemptions:
A. The following building permit applications shall be exempt from impact fees:
1. Replacement of a structure with a new structure of the same gross floor area at the same site or lot when such replacement occurs within five (5) years of the demolition or destruction of the prior structure. For replacement of structures in a new subdivision, see Section 21.03.030(E).
2. Replacement, alteration, expansion, enlargement, remodeling, rehabilitation, or conversion of an existing dwelling unit where no additional units are created and the work does not change the type of dwelling units.
3. Any building permit for a legal accessory dwelling unit approved under Section 18.20.055, as it is considered part of the single-family use associated with this fee.
4. Alteration of an existing nonresidential structure that does not expand the usable space.
5. Miscellaneous improvements, including but not limited to fences, walls, swimming pools, mechanical units, and signs.
6. Demolition or moving of a structure.
7.
a. Any applicant for the construction or creation of low-income housing may request an exemption of eighty percent (80%) of the required impact fee for low-income housing units subject to the criteria in subsection (A)(7)(c) of this section.
b. Any applicant for an exemption from the impact fees which meets the criteria set forth in subsection (A)(7)(c) of this section shall apply to the City Manager for an exemption. The application shall be on forms provided by the City and shall be accompanied by all information and data the City deems necessary to process the application.
c. Exemption Criteria. To be eligible for the impact fee exemption established by this section, the applicant shall meet each of the following criteria:
1) The applicant must be proposing a greater number of low-income housing units or a greater level of affordability for those units than is required by the Moses Lake Zoning Code and/or the Moses Lake Municipal Code. The allowed exemption shall only apply to those low-income units in excess of the minimum required by code unless the development will be utilizing public assistance targeted for low-income housing.
2) The applicant must demonstrate to the City Manager’s satisfaction that the amount of the impact fee exemption is justified based on the additional affordability provided above that required by code and is necessary to make the project economically viable.
3) The proposed housing must meet the goals and policies set forth in Chapter 4 of the City of Moses Lake Comprehensive Plan.
d. The City Manager shall review applications for exemptions under subsection (A)(7)(a) of this section pursuant to the above criteria and shall advise the applicant, in writing, of the granting or denial of the application. In addition, the City Manager shall notify the City Council when such applications are granted or denied.
e. The determination of the City Manager shall be the final decision of the City with respect to the applicability of the low-income housing exemption set forth in this subsection.
f. Any claim for exemption must be made before payment of the impact fee. Any claim not so made shall be deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the property guaranteeing that the low-income housing use will continue. Before approval of the exemption, the Planning and Building Department shall approve the form of lien and covenant, which shall, at a minimum, meet the requirements of RCW 82.02.060. Prior to issuance of a certificate of occupancy for any portion of the development, the applicant shall execute and record the approved lien and covenant with the Grant County Recorder’s office. The lien and covenant shall run with the land. In the event the property is no longer used for low-income housing, the current owner shall pay the current impact fee plus interest to the date of the payment.
8.
a. Development activities of community-based human services agencies which meet the human services needs of the community such as providing employment assistance, food, shelter, clothing, or health services for low- and moderate-income residents.
b. Any applicant for an exemption from the impact fee which meets the criteria set forth in subsection (A)(8)(c) of this section shall apply to the City Manager for an exemption. The application shall be on forms provided by the City and shall be accompanied by all information and data the City deems necessary to process the application.
c. Exemption Criteria. To be eligible for the impact fee exemption established by this section, the applicant shall meet each of the following criteria:
1) The applicant must have secured federal tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.
2) The applicant’s services must be responsive to the variety of cultures and languages that exist in the City.
3) The applicant must provide services and programs to those considered most vulnerable and/or at risk, such as youth, seniors, and those with financial needs, special needs, and disabilities.
4) The applicant’s services must meet the human services goals and policies set forth in Chapter 4 of the City of Moses Lake Comprehensive Plan.
5) The applicant shall certify that no person shall be denied or subjected to discrimination in receipt of the benefit of services and programs provided by the applicant because of sex, marital status, sexual orientation, race, creed, color, national origin, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
6) The applicant must provide direct human services at the premises for which the applicant is seeking exemption.
d. The City Manager shall review applications for exemptions under subsection (A)(8)(a) of this section pursuant to the above criteria and shall advise the applicant, in writing, of the granting or denial of the application. In addition, the City Manager shall notify the City Council when such applications are granted or denied.
e. The determination of the City Manager shall be the final decision of the City with respect to the applicability of the community-based human services exemption set forth in this subsection.
f. Any claim for exemption must be made before payment of the impact fee. Any claim not so made shall be deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the property guaranteeing that the human services use will continue. Before approval of the exemption, the Department shall approve the form of lien and covenant. Within ten (10) days of approval, the applicant shall execute and record the approved lien and covenant with the Grant County Recorder’s office. The lien and covenant shall run with the land. In the event the property is no longer used for human services, the current owner shall pay the current impact fee plus interest to the date of the payment.
g. The amount of impact fees not collected from human services agencies pursuant to this exemption shall be paid from public funds other than the impact fee account.
9. Buildings or structures constructed as shelters that provide emergency housing for people experiencing homelessness and emergency shelters for victims of domestic violence as defined by state law.
10. Fire stations and fire protection facilities.
11. A development permit for a City project.
B. Unless otherwise established in this section, the Director shall be authorized to determine whether a particular development for a proposed building permit falls within an exemption of this chapter or in this code. Determinations of the Director shall be subject to the appeals procedures set forth in Section 21.03.140. (Ord. 3037, 10/24/23)