Sec. 29-4. Applicability.
Except as otherwise provided herein, this chapter shall apply to all development within any impact fee area for the City of Phoenix, as defined in the adopted infrastructure financing plan, subject to the following:
A. City facilities exemption. This chapter shall not apply to the development of any City of Phoenix facility.
B. School facilities exemption. Per Sections 9-500.18 and 15-189.01, Arizona Revised Statutes, public schools, school districts, and charter schools are exempt from payment of impact fees. Private school or schools other than public and charter schools are not exempted from payment of impact fees.
C. Water and wastewater connections outside of City limits. The City will assess water and wastewater impact fees, or a payment in lieu of those fees (equal amount), to developments located outside of the City limits that will be served using existing and future facilities in adjacent impact fee areas and are within the Phoenix Water Services Department service area. The Director of the Water Services Department will determine which impact fee area and associated impact fee schedule will be used to determine the amount of the payment due at the time a connection is purchased.
D. Other applicabilities.
1. Parking structure. A parking structure that is accessory to other uses on the same site shall not incur additional impact fees, except those associated with any additional required water meters and/or sewer connections. A parking garage that is a primary use on a site shall be assessed impact fees as a commercial/retail use.
2. Shade structure. A shade structure that is provided as a site amenity and accessory to another use (such as a picnic ramada, patio trellis, or covered parking/loading) shall not be assessed impact fees. A shade structure used for anything other than a site amenity (such as materials storage, outdoor dining, or any commercial or business operation) shall be assessed applicable impact fees based upon the use.
3. Multi-family amenity structures. Structures built as part of a multi-family residential development for use as an on-site resident amenity (such as a meeting room, office, fitness center, pool ramada, or maintenance facility) and are not open for use by nonresidents shall not be assessed additional impact fees, except for those associated with additional water or sewer connections. Off-site amenities, or amenity structures open to nonresidents (such as a golf clubhouse, store, or commercial gym/spa) shall be assessed impact fees based upon the use.
4. Wireless communications facility (WCF). A WCF shall only be assessed impact fees associated with water or sewer connections, and for any structure intended to be occupied on a regular basis.
5. Existing single-family homes. A single-family home built prior to October 21, 1987, is exempt from payment of water and wastewater impact fees. This provision does not apply to a single-family home located outside of the City limits at the time a water or wastewater connection is provided.
6. Community residence home. A community residence home will be deemed single-family for the purpose of assessing impact fees. (Ord. No. G-5984, 2015; Ord. No. G-6666, § 1, 2020)