Title
(First Reading) An Ordinance to Amend Section 6 of Ordinance 21-2015 An Ordinance Creating Impact Fees To Be Charged New Developments To Fund City Park, Recreation, And Transportation Infrastructure
Body
WHEREAS, Ordinance 21-2015 was adopted on July 6, 2021 to create an impact fees and an Impact Fee Review Committee, and
WHEREAS, Section 9 (a) of Ordinance was 21-2015 was amended by Ordinance 23-2029 on November 20, 2023
WHEREAS, there is a need to amend Section 6 of Ordinance 21-2015 in order to add Section 6 (h) and to state as follows:
Section 6 - Collection of Impact Fees; Exceptions.
(h) Exception for Churches or Places of Worship
1. Purpose and Scope of Exception
An exception to the City of Foley Impact Fee Ordinance is granted for bona fide churches or places of worship. This exception applies to principal worship buildings and ancillary facilities
that support the religious mission, including worship and outreach. The purpose is to acknowledge the public benefits of these institutions while ensuring compliance with the ordinance and preventing misuse.
2. Definition of Church or Place of Worship
For the purposes of this ordinance, a "church" or "place of worship" is defined as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, primarily engaged in regular and organized religious worship and activities. To qualify for this exemption, the following criteria must be met:
a) Primary Purpose: The organization’s principal purpose must be religious worship, teaching, and faith-based outreach.
b) Regular Weekly Service: The organization must hold regular, public worship services in its principal worship facility.
c) Qualified Facilities:
i. The principal facility must be primarily used for religious worship, mission and outreach.
ii. Ancillary facilities (e.g., fellowship halls, classrooms, or administrative offices) must directly support the church’s religious mission.
d) Non-Commercial Use: Facilities must not be used for...
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