§ 16-45. Exemptions from park facility fees.

Notwithstanding any provisions of this article to the contrary, a park facility fee shall not be assessed and levied upon an owner of real property located in the Durham Recreation and Park District adding one (1) or more dwelling units to such property under the following circumstances:

(a)

Where the dwelling unit is within a building owned by a governmental agency;

(b)

Where the dwelling unit is within a building which is being reconstructed following damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the number and size of dwelling units in such reconstructed building is no greater than the number and size of dwelling units in the building prior to such damage, destruction or demolition. Increases in size will be charged in the same manner as an alteration or construction of an addition under Section 16-43 of this article;

(c)

Where the dwelling unit is within, a part of, or affiliated with a facility used primarily for the congregate housing and care of persons who are fifty-five (55) years of age or older;

(d)

Where the structure is a temporary mobilehome as described in Butte County Code Section 24-295.

(Ord. No. 3081, § 1, 7-27-93; Ord. No. 3932, § 3, 3-28-06)