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17.15.050 Partial and Full Exemptions.

(Amended by Ordinance Nos. 171698, 173437, 177198, 181322, 182389, 182652, 183679, 183448, 184756, 185195 and 185987, effective May 17, 2012.)  The uses listed and described in this section shall be exempt, either partially or fully, from payment of the Transportation SDC.  Any Applicant seeking an exemption under this Section shall specifically request that exemption within 180 days after building permit issuance for the New Development.  Where New Development consists of only part of one or more of the uses described in this section, only that/those portion(s) of the development which qualify under this section are eligible for an exemption.  The balance of the New Development which does not qualify for any exemption under this section shall be subject to the full SDC.  Should the Applicant dispute any decision by the City regarding an exemption request, the Applicant must apply for an Alternative Exemption calculation under Section 17.15.070.  The Applicant has the burden of proving entitlement to any exemption so requested.

A.  Temporary uses are fully exempt so long as the use or structure proposed in the New development will be used not more than 180 days in a single calendar year. 

B.  New Development which, will not generate more than 15 percent more vehicle trips than the present use of the property and does not increase vehicle trips by more than 250 vehicle trips shall be fully exempt.

C.  Affordable housing is exempt pursuant to Section 30.01.095.

D.  The City of Portland is phasing out the exemption for the Transit Oriented Development (TOD) as calculated per Section 17.15.050 D.1. and 3. below.  From January 1, 2008 through December 31, 2008, eligible development shall receive 100 percent of the exemption; from January 1, 2009 through December 1, 2009, eligible development shall receive 67 percent of the total exemption; and from January 1, 2010 through December 31, 2010, eligible development shall receive 33 percent of the total exemption.  No TOD exemption shall be provided after December 31, 2010, as calculated per Section 17.15.050 D.1. and 3.   Transit Oriented Development (TOD) as calculated per Section 17.15.050 D.2. shall be exempt from the SDC as described below from January 1, 2008 through December 31, 2012.  No TOD exemption shall be provided after December 31, 2012.

No exemption for Transit Oriented Development (TOD) shall be provided for any SDC based upon the North Macadam Overlay Rate Study or the Innovation Quadrant Overlay Project Report.

1.  Within the Central City Plan District, New Development that meets Transit Oriented Development definition MM.1., MM.2.a. or MM.2.b. shall be liable for only 10 percent of the vehicle portion of the SDC and 90 percent of the transit and non-motorized portion of the SDC.

2.  For all areas outside of the Central City Plan District, New Development that meets Transit Oriented Development definition MM.3.a., MM.3.b., or MM.3.c. shall be liable for only 50 percent of the vehicle portion of the SDC and 100 percent of the transit and non-motorized portion of the SDC.

3.  For all areas outside of the Central City Plan District, New Development that meets the density requirements in Transit Oriented Development definition MM.2.a., or MM.2.b. shall be liable for only 10 percent of the vehicle portion of the SDC and 90 percent of the transit and non-motorized portion of the SDC.

E.  Graded Scale:  A change in occupancy of an existing building where the gross enclosed floor area does not exceed 3,000 square feet is fully exempt.  A change in occupancy of an existing building where the gross floor area is between 3,000 square feet and 5,000 square feet shall be assessed on a graded scale.  The percentage of the rate to be assessed on the entire existing building shall be calculated by the following equation:

(size of existing building - 3,000 square feet) / 2,000 square feet

Examples of Graded Scale Assessment Calculations

(4,000 - 3,000) / 2,000 = 0.50   Existing 4,000 square foot building assessed at 50% of the rate

(3,200 - 3,000) / 2,000 = 0.10  Existing 3,200 square foot building assessed at 10% of the rate

(4,900 - 3,000) / 2,000 = 0.95  Existing 4,900 square foot building assessed at 95% of the rate

F.  Alteration permits for tenant improvements, new construction or remodeling where

1.  no additional dwelling unit(s) or structure(s) are created;

2.  which is not reasonably expected to result in a significant increase in additional trips according to table 4-9 of the City Rate Study, and if applicable, the North Macadam Overlay Rate Study or the Innovation Quadrant Overlay Project Report;

3.  the use or structure is of a temporary nature and is used less than 180 days in a calendar year;

G.  The construction of accessory buildings or structures which will not create additional dwelling units or which do not create additional demands on the City’s capital improvements.

H.  Any newly permitted and constructed accessory dwelling unit (ADU) conforming to the Title 33 definition of an ADU will receive a waiver of SDC fees if a complete building permit application is submitted for the ADU from April 15, 2010 through July 31, 2016, provided that the new ADU receiving a waiver obtains an occupancy permit no later than June 30, 2017.  If an occupancy permit is not obtained by June 30, 2017, an occupancy permit will not be issued until the SDC are paid at the rates in effect at the time the occupancy permit is issued.

I.  For New Development which includes a mix of exempt and non-exempt forms of development, the applicable exemption(s) shall apply only to that portion of the New Development to which the exemption applies.