City Council

ORDINANCE NO. AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 10, CHAPTER 8, MODIFYING THE DEFINITION FOR RESIDENTIAL DEVELOPMENT AND AMENDING OTHER DEFINITIONS; AMENDING THE IMPACT FEE AMOUNTS AND CALCULATION IN LIGHT OF THE UPDATED IMPACT FEE STUDY; REMOVING AFFORDABLE HOUSING EXEMPTION FOR IMPACT FEES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City’s development impact fee program provides an equitable means to provide public facilities and infrastructure needed to serve the new and sustained growth and development in the City; and WHEREAS, Idaho Code § 67-8208(2) requires that governmental entities imposing development impact fees update the entity’s capital improvement plan at least every five (5) years; and WHEREAS, the Impact Fee Advisory Committee has reviewed and recommended updates and amendments to the City’s Impact Fee Study and Capital Improvement Plan; and WHEREAS, the recommended changes include changing the City’s land use assumptions from evaluating impacts from Residential development from a per unit basis to a square footage basis; and WHEREAS, the Council has received a recommendation from the Impact Fee Advisory Committee recommending the revocation of the Affordable Housing Impact Fee Waiver program. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1: Title 10, Chapter 8, Section 1 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 10-8-1: LEGISLATIVE FINDINGS. The City finds that: A. Based on the City Comprehensive Plan adopted pursuant to Title 67, Chapter 65, Idaho Code, including, but not limited to, the capital improvements element of the Comprehensive Plan, the capital facilities plans of various City Departments, and the general governmental goal of protecting the health, safety, and general welfare of the residents of the City, and its area of City impact, it is necessary that the City's public facilities for public safety (police and fire/EMS); and parks and recreation; and transportation to accommodate new growth and development within the City and its area of City impact. ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 1 of 16  B. New residential and nonresidential growth and development imposes and will continue to impose increasing demands upon the Public Facilities, as defined in this Chapter. C. The revenues generated from new residential and nonresidential growth and development often do not generate sufficient general funds to provide the necessary improvements of these Public Facilities to accommodate new growth and development. D. New growth and development are expected to continue and will place ever increasing demands on the City to provide and expand the Public Facilities to serve new growth and development. E. The City has planned for the improvement of the Public Facilities in the capital improvements element of the City Comprehensive Plan. F. The creation of an equitable impact fee system will enable the City to impose a proportionate share of the costs of needed improvements to the Public Facilities to accommodate new growth and development, and will assist the City in implementing the capital improvements element of the Comprehensive Plan. G. In order to implement an equitable impact fee system for the Public Facilities, the City retained TischlerBise tohas prepared and, from time to time, has amended and updated the Impact Fee Studyan impact fee study for these types of facilities. The resulting document titled "Capital Improvement Plan and Development Impact Fee Study of City of Idaho Falls, Idaho 2021", dated December 15, 2021, as amended from time to time by the Council, (the current "Impact Fee Study"), that has been recommended for approval by the Impact Fee Advisory Committee and approved by the Idaho Falls City Council, is on file in the office of the Clerk. H. The Impact Fee Study is consistent with the capital improvements element of the Comprehensive Plan, and uses the levels of service set forth in the Comprehensive Plan and the Capital Improvement Plan for these Public Facilities. I. The Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of new growth and development on the Public Facilities and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such Public Facilities created by new growth and development. J. The Impact Fee Study uses a calculation methodology in accordance with generally accepted accounting principles that is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers, and includes consideration of the following factors: 1. The cost of existing system improvements within the service area; 2. The means by which existing system improvements have been financed; 3. The extent to which the new growth and development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 2 of 16  contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions; 4. The extent to which the new growth and development is required to contribute to the cost of existing system improvements in the future; 5. The extent to which the new growth and development should be credited for providing system improvements, without charge to other properties within the service area; 6. Extraordinary costs, if any, incurred in serving the new growth and development; 7. The time and price differential inherent in a fair comparison of impact fees paid at different times; and 8. The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, transfers, and special taxation. K. The maximum allowable impact fees described in this Chapter are based on the Impact Fee Study, and do not exceed the costs of system improvements for the Public Facilities to serve new growth and development that will pay the impact fees. L. The police, fire/EMS, parks and recreation, and transportation Public Facilities included in the calculation of impact fees in the Impact Fee Study will benefit all new growth and development throughout the City, and it is therefore appropriate to treat all areas of the City and the area of City impact as a single service area for purposes of calculating, collecting and spending the impact fees collected. M. There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this Chapter and the impact fees that such development will be required to pay. N. This Chapter creates a system by which impact fees paid by new growth and development will be used to finance, defray or to provide capital improvements for the Public Facilities in ways that benefit the development for which impact fees were paid. O. This Chapter creates a system under which impact fees shall not be used to correct existing deficiencies in Public Facilities, or to replace or rehabilitate existing Public Facilities, or to pay for routine operation or maintenance of those Public Facilities. P. This Chapter is consistent with all applicable provisions of Title 67, Chapter 82, Idaho Code, concerning impact fee ordinances. SECTION 2: Title 10, Chapter 8, Section 4 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 10-8-4: DEFINITIONS. The following words and phrases, when used in this Chapter, shall have, unless the context clearly indicates otherwise, the following meanings: ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 3 of 16 AFFORDABLE HOUSING: Housing affordable to families whose incomes do not exceed eighty (80) percent of the median income for the service area. APPLICATION: A form, process, or procedure established by the City to gather information to determine a person’s compliance with Code requirements related to licenses, permits, authorizations, approvals, uses, or other permission granted to persons pursuant to this Code, authority delegated to Idaho municipalities by the Idaho Code, or Idaho Constitution. BUILDING PERMIT: An official document or certificate by that name issued by the City authorizing the construction or siting of any building. CAPITAL IMPROVEMENTS: Improvements with a useful life of ten (10) years or more, by new construction or other action, which increase the service capacity of a Public Facility. CAPITAL IMPROVEMENTS ELEMENT: A component of the City’s Comprehensive Plan. CAPITAL IMPROVEMENTS PLAN: A plan adopted pursuant to this Chapter that, in part, identifies capital improvements for which impact fees may be used as a funding source. DAY: Each twenty-four (24) hour period of time when the City is generally open for business and which is not a holiday or weekend day (i.e., business day not calendar day). DEVELOPER: A person who subdivides or proposes to subdivide land, whether as an owner or an agent of an owner, and any person who installs improvements or structures on such land. DEVELOPMENT: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character, or appearance of land, which creates additional demand and need for Public Facilities or the subdivision of property that would permit any change in the use, character, or appearance of land. DEVELOPMENT APPROVAL: Any written authorization from a governmental entity which authorizes the commencement of a development. DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other governmental action approving or authorizing a particular development including, without limitation, a rezoning, which development requirement compels the payment, dedication or contribution of goods, services, land and/or money as a condition of approval. EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact, as defined in this Chapter. EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to result in the need for police, fire/EMS, parks and recreation, and/or transportation system improvements, the cost of which will significantly exceed the sum of the impact fees to be generated from the project; or result in the need for police, fire/EMS, parks and recreation, and transportation system improvements that are not identified in the capital improvements plans. ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 4 of 16 FEE ADMINISTRATOR: The official appointed by the Mayor, with Council approval, and authorized to administer this Chapter. FEE PAYER: A person who pays or is required to pay an impact fee or the fee payer's successor in interest including, but not limited to, taxing districts, as defined in Idaho Code 63-201, and authorized public charter schools, as defined in Idaho Code 33-5202A. GOVERNMENTAL ENTITY: Any unit of local government that is empowered by Idaho Code § 67-8201, et seq., to adopt an impact fee ordinance. IMPACT FEE: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development. IMPACT FEE STUDY: The document entitled the “Capital Improvements Plan and Development Impact Fee Study”, dated October 7, 2025, “Capital Improvement Plan and Development Impact Fee Study of City of Idaho Falls, Idaho 2021”, dated December 15, 2021, as amended or updated from time to time by the Council, and which supersedes the prior impact fee study document entitled “Capital Improvement Plan and Development Impact Fee Study of City of Idaho Falls, Idaho 2021”, dated December 15, 2021. LAND USE ASSUMPTIONS: A description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a twenty (20) year period. LEVEL OF SERVICE: A measure of the relationship between service capacity and service demand for Public Facilities. MANUFACTURED HOME: A structure, constructed after June 15, 1976, pursuant to Idaho Code HUD manufactured home construction and safety standards. MODULAR BUILDING: Any building or building component (other than a Manufactured Home, as defined in this Chapter) which is constructed according to standards contained in any City-adopted building code or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. NONRESIDENTIAL DEVELOPMENT: A. RETAIL: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. Retail includes, but is not limited to, shopping centers, supermarkets, pharmacies, restaurants, bars, nightclubs, automobile dealerships, movie theaters, and lodging (hotel/motel). B. OFFICE: Establishments providing management, administrative, professional, or business services. Office includes, but is not limited to, banks, business offices, medical offices, and veterinarian clinics. C. INDUSTRIAL: Establishments primarily engaged in the production and transportation ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 5 of 16  of goods. Industrial includes, but is not limited to, manufacturing plants, trucking companies, warehousing facilities, utility substations, power generation facilities, and telecommunications buildings. D. INSTITUTIONAL: Public and quasi-public buildings providing educational, social assistance, or religious services. Institutional includes, but is not limited to, school districts, schools, universities, churches, daycare facilities, hospitals, health care facilities, and government buildings. PRESENT VALUE: The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money. PROJECT: A particular development on an identified parcel of land. PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to provide service for a project and that are necessary for the use and convenience of the occupants or users of the Project. PROPORTIONATE SHARE: That portion of the cost of system improvements determined pursuant to Idaho Code § 67-8207, and this Chapter, which reasonably relates to the service demands for Public Facilities of a project. PUBLIC FACILITY(IES): A. Public safety facilities, including law enforcement, fire stations and apparatus, emergency medical and rescue, and street lighting facilitiespolice and fire/EMS facilities; and B. Parks, open space and recreation areas, and related capital improvements; and C. Transportation facilities, including roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, arterial streets, arterial intersections, arterial bridges, arterial appurtenances, and related arterial capital improvements, and any local components of state or federal highways. RESIDENTIAL DEVELOPMENT HOUSING UNITS: Development of a structure providing complete, independent, and self-contained living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. The calculation of a residential development impact fee shall be determined by the climate-controlled square footage of the structure, provided that automobile garages and accessory storage structures shall not be included in the calculation of a residential structure’s square footage.SINGLE FAMILY DETACHED: A one-unit structure detached from any other house with open space on all four sides. Such structures are considered detached even if they have an adjoining shed or garage. A one-family house that contains a business is considered detached as long as the building has open space on all four sides. SINGLE FAMILY ATTACHED (TOWNHOUSE): A one-unit structure that has one or more ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 6 of 16 walls extending from ground to roof separating it from adjoining structures. In row houses (sometimes called townhouses), double houses, or houses attached to nonresidential structures, each house is a separate, attached structure if the dividing or common wall goes from ground to roof. MOBILE HOME: A Manufactured Home, Modular Building, including both occupied and vacant mobile homes, to which no permanent rooms have been added. A Mobile Home used only for business purposes or for extra sleeping space or a Mobile Home for sale on a dealer's lot, at the factory, or in storage is not counted in the housing inventory. MULTIFAMILY HOUSING UNITS: Two (2) or more units (duplexes and apartments) within a structure containing two (2) or more housing units, further categorized as units in structures with 2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more apartments; a boat, recreational vehicle (RV), van, and the like that includes any living quarters occupied as a housing unit that does not fit the other categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats, vans, railroad cars, and the like are included only if they are occupied as a current place of residence. SERVICE AREA: The territory within the limits of the City and the City's area of City impact, as amended, expanded, contracted, or adjusted from time to time. SUCCESSOR IN INTEREST: A person who gains legal title in real property for which an impact fee is paid or a credit is approved pursuant to the terms of this Chapter. SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in Idaho Code § 50-1702(h), to provide additional public facilities needed to serve new growth and development. For clarification, system improvement costs do not include: A. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plans; B. Repair, operation or maintenance of existing or new capital improvements; C. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; D. Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development; E. Administrative and operating costs of the governmental entity unless such costs are attributable to development of the capital improvements plans, as provided in Idaho Code § 67-8208; or F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements identified in the capital improvements plans. ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 7 of 16 SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements the City has the authority to make as described in Idaho Code § 50-1703. SECTION 3: Title 10, Chapter 8, Section 5 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 10-8-5: IMPOSITION AND COMPUTATION OF IMPACT FEES. A. Any application for or building permit required or issued, enabling the construction or the alteration or expansion of an existing structure or improvement, and, in the case of construction that does not require a building permit, any building that takes place on or after the effective date of this Chapter, shall be subject to the imposition of impact fees in the manner and amount set forth in this Chapter. The methodology adopted for the purpose of determining police, fire/EMS, parks and recreation, and transportation impact fees shall be based upon the assumptions set forth in the Impact Fee Study. B. Impact fees shall be required as a condition of approval of all residential and nonresidential development in the service area for which a building permit is required or issued, including the alteration or expansion of an existing structure or improvement, and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a residential development housing unit or a nonresidential development. Except as otherwise provided herein, after the effective date of this Chapter, no building permit shall be issued, or occupancy or use allowed, until the impact fees described in this Chapter have been paid, unless the development or alteration or improvement for which the permit is sought is exempted pursuant this Chapter or approved credits are used to cover the impact fee, as set forth in this Chapter. The Fee Administrator shall have the authority to withhold a building permit or stop construction, as the case may be, until the appropriate impact fee has been collected. C. A fee payer required by this Chapter to pay an impact fee may choose to have the amount of such impact fee determined pursuant to either the fee schedule or subsections (D) through (F) of this Section. If the fee payer chooses to have the amount of such impact fee determined pursuant to subsections (D) through (F) of this Section, such impact fee shall be subject to the adjustment described in this Chapter, if applicable. If the project is a mix of those uses listed on the fee schedule, then the impact fees shall be determined by adding up the impact fees that would be payable for each use as if it were a freestanding use pursuant to the fee schedule. D. As an alternative to payment of impact fees assessed following submission of a complete building permit application, a fee payer may request an individual assessment of impact fees where the fee payer can demonstrate by clear and convincing evidence in the fee payer’s independent impact fee calculation study that the established impact fee is inappropriate for the Project. Written application for individual assessment shall be made to the Fee Administrator at any time prior to building permit(s) issuance. Such independent impact fee calculation study for the fee payer’s development shall be prepared at the fee payer’s cost by a qualified professional and contain studies, data and other relevant information and be ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 8 of 16  submitted to the Fee Administrator for review. Any such study shall be based on the same methodology and the same level of service standards, improvements and costs used in the Impact Fee Study, and shall document the methodologies and assumptions used. The City may hire a professional consultant to review any independent impact fee calculation study on behalf of the City, and may charge the reasonable costs of such review to the fee payer. E. Any independent impact fee calculation study submitted by a fee payer may be accepted, rejected or accepted with modifications by the City as the basis for calculating impact fees. The City shall not be required to accept any study or documentation the City reasonably deems to be inaccurate or unreliable. The City shall have the authority to request that the fee payer submit additional or different documentation for consideration in connection with review of any independent impact fee calculation study. If such additional or different documentation is accepted or accepted with modifications as a more accurate measure of the impact fees due in connection with fee payer’s proposed development than the applicable impact fees set forth in the fee schedule, then the impact fee due under this Chapter shall be calculated according to such documentation. F. The Fee Administrator shall render a written decision establishing the impact fees in connection with the individual assessment within thirty (30) days from the date a request for individual assessment is submitted. The decision shall include an explanation of the calculation of the impact fees, shall specify the system improvement(s) for which the impact fees are intended to be used, and shall include an explanation of the following factors considered: 1. The cost of existing system improvements within the service area; 2. The means by which existing system improvements have been financed; 3. The extent to which the new growth and development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions; 4. The extent to which the new growth and development is required to contribute to the cost of existing system improvements in the future; 5. The extent to which the new growth and development should be credited for providing system improvements, without charge to other properties within the service area; 6. Extraordinary costs, if any, incurred in serving the new growth and development; 7. The time and price differential inherent in a fair comparison of impact fees paid at different times; and 8. The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, transfers, and special taxation. ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 9 of 16  G. Certification of the impact fee for a Project may be applied for in the following manner: 1. Written request for an individual impact fee assessment shall be made to the Fee Administrator not later than thirty (30) days following applications for, or requirement of, a building permit for construction or alteration or expansion of an existing structure, or improvement on or within a Project. Late applications for certification of the impact fee will not be considered unless the fee payer demonstrates that the facts supporting such application were not known or discoverable until after the time had run and that undue hardship would result if said application is not considered. 2. The Fee Administrator shall provide the fee payer with a written impact fee certification for the Project within thirty (30) days of the date a request for individual impact fee assessment is submitted. The certification provided by the Fee Administrator shall establish the impact fee for the Project in question, so long as there is no material change to the Project as identified in the certification application or the impact fee schedule. The certification shall include an explanation of factors considered, and shall specify the system improvement(s) for which the impact fee is intended to be used. The certification shall include an explanation of the calculation of the impact fee, shall specify the system improvement(s) for which the impact fee is intended to be used, and shall include an explanation of the factors considered, which factors are identified in subsection (F) of this Section. H. Appeals of the Fee Administrator's determination of an individual assessment or certification shall be made to the City as provided further in this Chapter. I. The City recognizes that there may be circumstances where the anticipated fiscal impacts of a proposed development are of such magnitude that the City may be unable to accommodate the development without excessive or unscheduled public expenditures that exceed the amount of the anticipated impact fees from such development. If the City determines that a proposed development would create such an extraordinary impact on the City's police, fire/EMS, parks and recreation, and/or transportation public facilities, the City may refuse to approve the proposed development. In the alternative, the City may calculate a pro rata share per residential development housing unit, or per square feet of residential and nonresidential development, of the extraordinary impact and charge a reasonable extraordinary impact fee that is greater than would ordinarily be charged. J. If the City discovers an error in its impact fee formula that results in assessment or payment of more than a proportionate share, City shall, at the time of assessment on a case- by-case basis, adjust the impact fee to collect no more than a proportionate share or discontinue the collection of any impact fees until the error is corrected by Ordinance. SECTION 4: Title 10, Chapter 8, Section 6 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 10-8-6: PAYMENT OF IMPACT FEES ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 10 of 16  A. After the effective date of this Chapter, all fee payers shall pay the impact fees as provided by this Chapter to the Fee Administrator following application for a building permit and prior to the issuance of any building permit for a residential development housing unit, or nonresidential development. B. All impact fees paid by a fee payer pursuant to this Chapter shall be promptly deposited in the impact fee fund described in this Chapter. SECTION 5: Title 10, Chapter 8, Section 8 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 10-8-8: EXEMPTIONS FROM IMPACT FEES A. The following types of land development shall be exempt from payment of the impact fees imposed by this Chapter: 1. Rebuilding or replacing the same amount of square feet of a residential development housing unit or the same amount of square feet of a nonresidential development on the same lot and existing on the effective date of this Chapter, provided that the rebuilt or replaced residential development housing unit or nonresidential development does not increase the need for police, fire/EMS, parks and recreation, and transportation public facilities, and such residential development housing unit or nonresidential development is rebuilt or replaced and ready for occupancy within two (2) years of removal or substantial damage. For the purposes of this Subsection, “substantial damage” shall mean damage from any cause or source whereby the cost of restoring the residential development housing unit or nonresidential development to a condition allowing use of occupancy would be equal to or exceeds fifty percent (50%) of the market value before the damage occurred. 2. Construction of an unoccupied, detached accessory structure, or addition of uses related to a residential development housing unit unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements. 3. Remodeling or repairing a residential development housing unit or a nonresidential development in a manner that does not increase the need for police or fire/EMS or parks and recreation or transportation public facilities. 4. Placing a temporary construction trailer or office on a lot. B. An impact fee shall be assessed for installation of a modular building or manufactured home unless the fee payer can demonstrate (by documentation, such as utility bills and tax records), either: 1. That a modular building or manufactured home was legally in place on the lot or space prior to the effective date of this Chapter; or 2. That an impact fee has been paid previously for the installation of a modular building or manufactured home on that same lot or space. ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 11 of 16  C. Developments determined by the Council that provide affordable housing may be granted a waiver of a portion of the impact fee payment required, provided that the exempt development's proportionate share of system improvements is funded through a general fund revenue source other than from impact fees collected. 1. Any waiver granted by the Council shall be based on the degree to which the development meets the following: a. Current housing affordability guidelines published by the U.S. Department of Housing and Urban Development ("HUD") shall be used to determine whether residential development housing units in the development qualify as affordable housing. b. Affordable housing projects are required to demonstrate that the projects will provide residential development housing units to eligible families based on HUD income and family size guidelines. c. Providers of affordable residential development housing units shall demonstrate a long-term commitment to provide affordable housing for a period of not less than twenty (20) years. d. The developer shall demonstrate the need for the proposed development. e. the number of dwellings units in the development shall be identified, along with those for which the waiver is sought. f. Funding to offset the amount waived is available from a general City Fund dedicated to support affordable housing. 2. No waiver shall exceed thirty percent (30%) of impact fee payment required for the development. 3. Failure to develop housing as presented to Council, as determined by the Community Development Services Department Director, shall result in automatic cancelation of the approved waiver and shall require payment of all waived fees within sixty (60) days following cancellation or all building permits and certificates of occupancy shall be revoked. CD. Appeals of the Fee Administrator's determination shall be made as provided further in this Chapter. (Ord. 3510, 04-13-2023) SECTION 6: Title 10, Chapter 8, Section 11 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 10-8-11: ADDITIONAL PROVISIONS A. Nothing in this Chapter shall limit or modify the rights of any person to complete any development for which a lawful building permit was issued prior to the effective date hereof. ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 12 of 16  B. Nothing in this Chapter shall prevent the City from requiring a developer to construct reasonable project improvements in conjunction with a project. C. Nothing in this Chapter shall limit the ability of the City to enter into intergovernmental agreements as provided in Idaho Code § 67-8204A. D. Time requirements or deadlines in this Chapter shall be extended or waived only by written mutual agreement between the City and the applicant and only where such extension of waiver is not reasonably likely to materially change the legal position or status of the application. E. The impact fees described in this Chapter, and the administrative procedures of this Chapter shall be reviewed at least once every five (5) years to ensure that: 1. The demand and cost assumptions and other assumptions underlying such impact fees are still valid; 2. The resulting impact fees do not exceed the actual costs of providing police, fire/EMS, parks and recreation, and/or transportation system improvements required to serve new growth and development; 3. The monies collected in any impact fee fund have been and are expected to be spent for system improvements of the type for which such impact fees were paid; and 4. Such system improvements will benefit those developments for which the impact fees were paid. F. Violation of this Chapter shall be subject to those remedies provided in this Code. Knowingly furnishing false information to any official of the City charged with the administration of this Chapter on any matter relating to the administration of this Chapter including, without limitation, the furnishing of false information regarding the expected size or use of a proposed development, shall be a violation of this Chapter and a misdemeanor. G. Except for such impact fee as may be calculated, paid and accepted pursuant to an independent impact fee calculation study, the amount of each impact fee shall be as follows: 1. Residential (per housing unitsquare foot) a. Single Family Maximum Supportable Fee $6,027 i. Police $480.75 ii. Fire/EMS $389.25 iii. Parks and Recreation $1,390.50 iv. Transportation $3,013 b. Multifamily Maximum Supportable Fee $3,479 i. Police $332.25 ii. Fire/EMS $313.50 iii. Parks and Recreation $961.50 iv. Transportation $1,336 ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 13 of 16  2. Nonresidential (per 1,000 square feet) a. Retail Maximum Supportable Fee $6,119 i. Police $1,366.50 ii. Fire/EMS $346.50 iii. Parks and Recreation $0 iv. Transportation $3,835 b. Office Maximum Supportable Fee $2,135 i. Police $463.50 ii. Fire/EMS $57.75 iii. Parks and Recreation $0 iv. Transportation $1,440 c. Industrial Maximum Supportable Fee $1,085 i. Police $236.25 ii. Fire/EMS $27.75 iii. Parks and Recreation $0 iv. Transportation $733 d. Institutional Maximum Supportable Fee $3,935 i. Police $510.75 ii. Fire/EMS $1,251.75 iii. Parks and Recreation $0 iv. Transportation $1,585 Type Parks & Transportation Police Fire/EMS Maximum Recreation Supportable Fee a. Residential (per Residential Development by square footage) i. Under $518 $1,295 $187 $177 $2,177 1,000 ii. 1,000 to $790 $1,864 $285 $270 $3,209 1,499 iii. 1,500 to $1,072 $2,451 $387 $368 $4,278 1,999 iv. 2,000 to $1,276 $2,890 $460 $438 $5,064 2,499 v. 2,500 to $1,443 $3,239 $521 $496 $5,699 2,999 vi. 3,000 to $1,585 $3,530 $572 $543 $6,230 3,499 vii. 3,500 to $1,700 $3,780 $613 $583 $6,676 3,999 viii. 4,000 to $1,804 $3,998 $651 $620 $7,073 ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 14 of 16  4,499 ix. 4,500 to $1,898 $4,190 $685 $652 $7,425 4,999 x. 5,000 or $1,977 $4,363 $713 $678 $7,731 more b. Nonresidential (per 1,000 square feet) i. Retail $0 $3,320 $1,060 $550 $4,930 ii. Office $0 $1,944 $408 $93 $2,445 iii. Industrial $0 $874 $183 $49 $1,106 iv. Institutional $0 $1,932 $406 $1,978 $4,316 SECTION 7. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. SECTION 8 . Codification Clause. The Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code. SECTION 9. Publication and Effective Date. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and by law cannot take effect less than thirty (30) days following its adoption. The Effective Date of this Ordinance shall be ___________________________________. PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this ______ day of ________________, 2025. ATTEST: CITY OF IDAHO FALLS, IDAHO ______________________________ ____________________________________ EMILY GEISLER, CITY CLERK REBECCA L. NOAH CASPER, Ph.D., MAYOR (SEAL) ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 15 of 16 STATE OF IDAHO ) ) ss: County of Bonneville ) I, EMILY GEISLER, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 10, CHAPTER 8, MODIFYING THE DEFINITION FOR RESIDENTIAL DEVELOPMENT AND AMENDING OTHER DEFINITIONS; AMENDING THE IMPACT FEE AMOUNTS AND CALCULATION IN LIGHT OF THE UPDATED IMPACT FEE STUDY; REMOVING AFFORDABLE HOUSING EXEMPTION FOR IMPACT FEES; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” ______________________________________ EMILY GEISLER, CITY CLERK (SEAL) ORDINANCE – TITLE 1, CH 3 AND TITLE 10 CH 8, 12.11.25 Page 16 of 16