Sec. 130-565. Incentive; limitations.
(a) The city manager or the city manager's designee may negotiate and enter into an agreement with any person eligible to apply for and receive an incentive who develops or redevelops an infill area within the infill area boundary of the city for a grant to offset development related fees, sales taxes or use taxes charged or levied by the city upon such person. Such agreement or any amendment thereto may provide for a grant to offset development related fees, sales taxes and use taxes, as estimated by city staff, as an incentive to develop or redevelop infill areas as follows:
(1) For a period not to exceed 24 months from the date upon which the person enters into an agreement with the City, up to and including 50 percent of the development related fees charged to the person or any contractor or subcontractor as listed in the City's development handbook fee schedules appendix. Such offset excludes those development related fees in fee schedule 5 and fee schedule 7 related to water development and connection fees;
(2) For a period not to exceed 24 months from the date upon which the person enters into an agreement with the City, up to and including 50 percent of the revenues produced by the levy of city sales tax upon the person or any contractor, subcontractor, or supplier for the equipment and materials used in the construction or improvement of any land, building or other structure for the person's business made necessary as the result of the development or redevelopment of infill area; provided that, for purposes of this subsection (a)(1), "city sales tax" shall exclude the 0.25 percent use tax dedicated to increased staffing of the city police department and operation and maintenance of the city detention facility;
(3) For a period not to exceed 24 months from the date upon which the person enters into an agreement with the City, up to and including 50 percent of the revenues produced by the levy of city use tax upon the person or any contractor, subcontractor, or supplier for the equipment and materials used in the construction or improvement of any land, building or other structure for the person's business made necessary as the result of the development or redevelopment of infill area; provided that, for purposes of this subsection (a)(1), "city use tax" shall exclude the 0.25 percent use tax dedicated to increased staffing of the city police department and operation and maintenance of the city detention facility;
(4) The total amount of development related fees, sales taxes and use taxes offset by an infill development incentive from the city shall not exceed $25,000.00 per project submitted by a person.
(b) All incentives provided hereunder shall be subject to the following requirements:
(1) The project must meet all city building and zoning code requirements with no waivers of such requirements, other than approved hardship waivers.
(2) The project must receive a building permit within 12 months, with an allowance for a one-time six-month extension for a total of 18 months.
(3) The project must not have received any incentive available under the City Code or be inconsistent with any city urban renewal plan or city comprehensive plan.
(4) The eligibility for the infill incentive program for projects of persons operating the following businesses shall be determined by city council by an affirmative vote at a regular meeting of the city council due to the nature and tendency of such business to attract crime and other undesirable elements to an area:
a. Businesses engaged in cultivating, manufacturing, distributing, or selling recreational or medical marijuana.
b. Business operating as a sexually-oriented business as defined by section 86-546 of the City Code. (Ord. No. 2016-36, § 1, 8-22-2016)