Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 8 – 43 Effective Date: March 6, 2018 Supp. No. 5 Article 8.9. ​​Facility Fees | CHAPTER 8. ​SUBDIVISION & SITE PLAN STANDARDS Sec. 8.9.1. ​Facility Fees Imposed on New Construction Article 8.9. Facility Fees Sec. 8.9.1. Facility Fees Imposed on New Construction A. No person shall make any improvement until all applicable thoroughfare or open space facility fees have been paid in full. B. No building permit or other City permit for those improvements not requiring a building permit, shall be issued for any activity requiring the payment of a facility fee until the required facility fees have been paid in full. C. Current facility fees are listed in the Development Fee Schedule, kept on file by the Planning and Development Officer and are updated and adopted by the City Council. Sec. 8.9.2. Facility Fee Exceptions Facility fees shall not be imposed in the following circumstances. A. Governmental authorities that are exempted by law from paying the fees. B. Alterations, repairs, renovations or expansion of a residential building where no additional residential units are created and use, as shown within the fee schedule, is not changed. C. Replacement of a building or structure or manufactured home with a new building or structure or manufactured home of the same dwelling type or non- residential use. Nonresidential alterations, repairs, renovations or replacement buildings or structures must be of the same size and use as the original building or structure and must meet the same parking, acreage, bed or other fee basis requirements. If the alterations or replacement change of use or alteration or expansion payment rule in Sec. 8.9.3.A. or Sec. 8.9.3.B. shall apply. No facility fee credit will be given under this section or under Sec. 8.9.3.A. or Sec. 8.9.3.B. unless the structure for which the credit is sought was standing at some time in the 6 year period immediately preceding the date on which the facility fee for the new project is calculated. D. The construction of walls, fences, monuments, billboards, poles, pipelines antennas, transmission lines, advertising signs, unmanned utility stations or substations, wells, water towers, off-street parking decks, parking garages or parking lots as the primary use on the lot or similar structures and improvements. E. Accessory uses listed in Sec. 6.7.3. F. Incidental water sports, play courts, play fields provided that there is no solicitation of off-site traffic or business, there is no separate charge or membership fee associated with the use of such facilities and no special use permit is required. G. Temporary structures or uses. H. Croplands or pasturelands and incidental sheds and barns. But processing facilities and residences shall pay their respective industrial and residential facility fees. Sec. 8.9.3. Computation of Fees The Planning and Development Officer shall compute and collect all facility fees. A. Alterations, Expansions or Redevelopment In the case of an alteration, expansion, renovation or redevelopment of an existing development, facility fees shall be levied based upon the net increase, if any, above that which the existing development would pay. B. Change of Use or the Addition of Other Uses 1. In the case of a change of use, which increases the fee rate or total fee above that which the existing use would pay, facility fees shall be paid based upon the net increase in the fee for the new use as compared to the previous use. 2. There shall be no reimbursement of any facility fee due to a change of use which has a lower fee than the current use, nor shall there be any reimbursement if a use is terminated. C. Change of Use Status from Illegal to Legal In the case of a use that was previously illegal under the Raleigh City Code being made legal other than by terminating the use, the use shall be liable for the payment of a facility fee equal to the fee that would be paid if the use were a new use. D. Mixed Use In the case of mixed use developments or multiple tenants or unit owners each separate occupancy of tenant space shall be charged a fee based on the prevailing use or function of that space.