3.93.030 Applicability.
A. Per RCW 82.02.060, the city’s impact fee schedule must be adopted by ordinance and must specify the service area for each category of development. Per RCW 82.02.090, the city may adopt impact fees for public facilities, which include:
1. Public streets and roads;
2. Publicly owned parks, open space, and recreation facilities;
3. School facilities; and
4. Fire protection facilities.
B. The city hereby authorizes the assessment and collection of impact fees on development activity within the City of Anacortes.
C. The requirements of this chapter apply to any building permit for the construction, establishment, or expansion of a building, structure, or use that creates additional demand and need for public facilities.
D. Exemptions. The Director is authorized to determine whether a particular development activity falls within an exemption identified in this chapter or any other applicable law. Determinations of the Director must be in writing.
1. Exemption from All Impact Fees. Building permits for the following activities are exempt from the payment of all impact fees:
a. The alteration, reconstruction, remodeling, or replacement of existing buildings or structures, including mobile homes or manufactured homes, when all of the following conditions are met:
i. For nonresidential structures or the nonresidential portion of mixed-use structures, no additional gross floor area is added;
ii. For residential structures or the residential portion of mixed-use structures, no additional dwelling unit is added;
iii. For all structures, the alteration, reconstruction, remodeling, or replacement creates no additional demand on fire, park, school, or transportation systems;
iv. For all structures, no change in use is proposed, or a use is changed to a similar use which has the same, or lower, demand on fire, park, school, or transportation systems; and
v. For replacement structures, the replacement structure occurs at the same site or lot within 48 months of the demolition or destruction of the prior structure, and the structure being replaced is demolished or moved outside the boundaries of the city;
b. Accessory dwelling units;
c. Residential accessory structures;
d. Nonresidential accessory structures or uses where no additional fire, park, school or transportation demand will occur over and above that produced by the principal building or use of the land;
e. Parking garages and building spaces that are constructed solely to park motor vehicles that are not for sale, lease or rent, or part of a stock in trade;
f. Temporary uses and structures.
2. Exemption from Fire Impact Fees Only. Building permits for single-family homes in which a residential fire sprinkler system is installed (per RCW 82.02.100) are exempt from the payment of fire impact fees, not including any proportionate share related to the delivery of emergency medical services.
3. Exemption from Certain Impact Fees Based on Alternative Mitigation. A building permit is exempt from the requirement to pay impact fees if any of the following mitigation has been provided, in lieu of impact fee prior to the date of adoption of this chapter:
a. A developer and the city have entered into a voluntary agreement for the payment of fees, dedication of land, or the construction of a public facility segment by the developer; or
b. A SEPA mitigation condition exists imposing the obligation of the payment of fees, dedication of land, or the construction of a public facility segment upon the developer; or
c. A land division condition exists imposing the obligation of the payment of fees, dedication of land, or the construction of a public facility segment upon the developer. (Ord. 4004 § 1 (Att. A), 2022; Ord. 3022 § 4 (Att. A), 2018)