Ordinance 2022-1841 - Laserfiche WebLink

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Section 1. Requirements for Exemption. In addition to those exemptions from the City's use tax set forth in Section 3.20.310 of the Louisville Municipal Code, construction and building materials shall be exempt, or partially exempt, from the imposition of the tax levied by Section 3.20.300 of the Louisville Municipal Code when all of the following requirements are met: A. The building permit application is for major structural repair or rebuilding of a residence that sustained fire damage from the Marshall Fire, not consisting solely of smoke or ash damage, which rendered the residence not habitable. B. The building permit application has been filed by a person who, on December 30, 2021, was the owner of record of property in any jurisdiction on which a residence was damaged or destroyed by the Marshall Fire. C. The building permit application is filed with the City of Louisville on or before December 31, 2024. D. The building permit applicant attests on the building permit application they are requesting a use tax exemption due to financial hardship caused by inadequate insurance coverage. Section 2. Amount of Exemption. The amount of the use tax exemption provided by this ordinance shall be determined as follows: A. For permits issued pursuant to the 2021 IECC as adopted by the City, with or without Appendix RC, the use tax exemption shall equal the full amount of the City use tax due for the construction and building materials regardless of any increase in the size of the home. B. For permits issued pursuant to the 2018 IECC as adopted by the City, the use tax exemption shall be a percentage of the City use tax due, based on the size of the home to be rebuilt as compared to the previous home that was located on the lot for which the building permit is issued. The home to be rebuilt will be considered the same size if it is not more than ten percent (10%) larger than the home that was previously located on the lot. For example, if the home that was previously located on the lot for which the building permit is issued was 2,000 square feet, and the home to be rebuilt is 2,200 square feet or smaller, the use tax exemption shall equal the full amount of the City use tax. If the home to be rebuilt on such lot is 3,000 square feet, two-thirds (2/3) of the City use tax due for construction and building materials shall be exempt. Section 3. Refunds of City Use Taxes. City staff is authorized and directed to issue refunds of City use taxes paid in connection with building permits issued prior to the effective date of this ordinance, and which permits meet the requirements for exemption set forth in Section 1 of this ordinance. The amount of such refunds shall be determined as set forth in Section 2 of this ordinance. Ordinance No. 1841, Series 2022 Page 3 of 4