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• <br /> 1 Section 4: Exceptions. The annual permit fee set forth in Section 3 shall <br /> 2 not apply to the following: <br /> 3 a. When the use of City right-of-way is for the purpose of parking or <br /> 4 landscaping other than to meet City code requirements; or <br /> 5 b. When the use of City right-of-way involves a use within a single family <br /> 6 zone which in the opinion of the Public Works Director or his designee will not interfere <br /> 7 with the public convenience or the health, safety or welfare of the general public and <br /> 8 which use is commonly attendant to uses in single family zones such as fences, <br /> 9 bulkheads, stairs, landscaping. <br /> 10 Provided, however, notwithstanding subsections a and b herein, whenever the use <br /> 11 of City right-of-way involves the leasing or renting of said City right-of-way by the <br /> 12 permittee or his designee or otherwise involves the use of said City right-of-way in <br /> 13 such a manner as to enable the permittee to derive a benefit therefrom, then the <br /> 14 exceptions set forth herein shall not apply. <br /> 15 Section 5: Implementation. The annual permit fee for those having valid <br /> 16 existing permits who have paid all required permit fees as of the effective date of this <br /> 17 ordinance shall be implemented in increments over a two year period beginning as of <br /> 18 the effective date of this ordinance. This incrementation shall not effect that rate <br /> 19 charged those applying for and receiving permits on or after the effective date of this <br /> 20 ordinance or who have permits as of the effective date of this ordinance, but who are <br /> 21 not current in the payment of their permit fees. <br /> 22 <br /> Year 1: $.15 per square foot plus 50% of the difference between $.15 <br /> 23 per square foot and the rate per square foot identified for the <br /> subject property. <br /> 24 <br /> Year 2: $.15 per square foot plus 75% of the difference between $.15 <br /> 25 per square foot and the rate per square foot identified for the <br /> subject property. <br /> 26 <br /> Year 3: 100% of the rate per square foot identified in Section 3. <br /> 27 <br /> 28 Further, the City Engineer or his designee is authorized to promulgate rules and <br /> 29 regulations in order to facilitate the implementation of this ordinance. <br /> 30 Section 6: Leasehold Tax. In addition to the annual permit fees set forth in <br /> 31 Section 3 herein, applicants shall be responsible for paying a leasehold excise tax as is <br /> 32 <br /> -3- <br />