12.07.020 Definitions.
For purposes of this chapter, the following definitions apply:
A. “Alternative System Development Charge” means any SDC established pursuant to Section 12.07.110 of this chapter.
B. “Applicant” means the applicant for a Permit.
C. “Capital improvements” means facilities or assets used for:
1. Water supply, treatment and distribution;
2. Sanitary sewer collection, transmission, treatment and disposal;
3. Stormwater drainage and flood control
4. Transportation, including but not limited to streets, sidewalks, bike paths, street lights, street trees, mass public transportation, vehicle parking and bridges; or
5. Parks and recreation, including but not limited to mini-neighborhood parks, neighborhood parks, community parks and other recreational facilities.
D. “Change of use” means any use that substantially differs from the previous use of a building, structure, land or part thereof. Factors to consider when identifying a change of use include the qualitative nature of the use, any relevant quantitative measure of its intensity, and its off-site effects or impacts, e.g., parking, traffic circulation, drainage, lighting, noise, landscaping, building arrangements, etc.
E. “City Manager” means the duly appointed City Manager of the City of Hood River or that person’s designee.
F. “Condition of Development Approval” means a city requirement imposed on an Applicant by a city land use or limited land use decision, site plan approval or building permit either by operation of law, including but not limited to the Hood River Municipal Code, rule or regulation adopted thereunder, or a condition of approval
G. “Credit” means the amount by which an Applicant may be able to reduce the SDC fee as provided in Section 12.07.100 of this Chapter.
H. “Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage or activities that have the effect of generating additional person-trips, stormwater runoff or using sanitary sewer or water. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land.
I. “Improvement Fee” means a fee for costs associated with Capital Improvements to be constructed after the date the fee is adopted pursuant to Section 12.07.040 of this Chapter.
J. “New Development” means any Development on a site that generates person-trips to or from the site, uses water, sewer or contributes stormwater runoff from the site. New development for purposes of this Chapter includes new construction as well as interior remodeling and any change in use.
K. “Over Capacity” means that portion of an improvement that is built larger or with greater capacity (over capacity) than is necessary to serve the Applicant’s New Development or mitigate for Capital Improvement system impacts attributable to the Applicant’s New Development. There is a presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for Capital Improvement system impacts attributable to the Applicant’s New Development and have no increment of Over Capacity.
L. “Parcel” means a lot, parcel, block or other tract of land that is or could be occupied by one or more structure or use, including common areas, yards and other open spaces that may be required under the zoning, subdivision or other development regulations.
M. “Permit” means a building permit, trade or structural specialty permit issued by the City Building Official pursuant to the State of Oregon Structural Specialty Code, as amended, and the State of Oregon Residential Specialty Code, as amended. In addition, Permit shall mean a Manufactured Home Installation Permit issued by the City Building Official relating to the placement of a manufactured home in the City. In addition, Permit shall mean a grading permit or other authorization from the City to grade, pave, create or increase an impervious surface.
N. “Person-trip” means the number of trips generated by a use (trips to plus trips from) multiplied by the number of people making the trip. Such trips include all modes of transportation, including walking, transit, bicycle and motor vehicle.
O. “Plan” means the Capital Improvement Plan or Capital Facilities Plan adopted by the city pursuant to Section 12.07.070 of this chapter.
P. “Previous Use” means the most recent lawful permitted use conducted at a particular parcel, building or part thereof regardless of how long ago the use was conducted. Where the Previous Use of a site or building was composed of a primary or dominant use with other ancillary or secondary uses, the City may regard the primary use to be the sole use of the entire site or building for purposes of this Chapter. In the case of new construction or an existing building that has never been used, it shall be presumed there was no Previous Use. Where the most recent Previous Use failed to obtain necessary land use or building permits, it is not deemed lawful.
Q. “Proposed Use” means the use proposed by the Applicant for a New Development. Where the Applicant proposes several different uses (mixed use) for the New Development then, for purposes of this Chapter, all of the specific use categories shall be considered. Where the proposed use is composed of a primary use with one or more ancillary uses that support the primary proposed use and are owned and operated in common, that primary use shall be deemed to be the sole proposed use of the property for purposes of this chapter
R. “Qualified Public Improvement” means a capital improvement that is required as a condition of development approval, identified in the Plan adopted pursuant to Section 12.07.070 of this Chapter, and is either:
1. Not located on or contiguous to the property that is the subject of development approval; or
2. Located in whole or in part on, or contiguous to, the property that is the subject of development approval and is required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.
S. “Reimbursement Fee” means a fee for costs associated with Capital Improvements constructed or under construction on the date the fee is adopted pursuant to Section 12.07.040 .
T. “Systems Development Charge” or “SDC” means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at any of the times specified in Section 12.07.030 . It shall also include that portion of a water or sanitary sewer system connection charge that is greater than the amount necessary to reimburse the City for its average cost of inspection and installing connections with water and sanitary sewer facilities. “Systems Development Charge” does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision. An SDC imposed under this chapter is in addition to any connection fees that may be charged for a property, structure or tenant to connect to a public service or facility.