A.    Upon the sale of or major renovation to any commercial building, the building shall not be subject to this chapter if:

    1.    Minimal payment upon sale: The sale price of the commercial building is less than twenty-five percent of the building's assessed value.

    2.    Low energy use: In the previous twelve months either:

    a.    Less than two thousand dollars was spent on energy costs in the building, or

    b.    The building used less than fifty kBtu's per sq. ft., (1 kBtu = 1,000 British thermal units) using a conversion factor of 10 kBtu's per kwh of electricity and 100 kBtu's per therm of natural gas, in order to more accurately reflect the inefficiencies in generating electric power.

    If the proposed occupancy of the portion of the building subject to the energy conservation requirements of this chapter will foreseeably result in significantly different energy use for the next twelve months than that for the previous twelve months projected energy use shall be used for this calculation.

    3.    Financial hardship: The City Manager may exempt, on a case by case basis, a commercial building from the requirements of this chapter if the building owner has demonstrated that compliance with this chapter would cause him or her financial hardship as that term is defined in Section 19.72.020 of this chapter. The building owner shall bear the burden of submitting documentation of this financial hardship.

    B.    If a building has been vacant for six or more months when it becomes subject to the requirements of this chapter, the duty of a seller, buyer or permit applicant to comply with the requirements of this chapter shall be postponed until such time that the building is reoccupied, or a use permit or occupancy permit is issued. If the building is demolished, the requirements of this ordinance shall not apply.

    C.    In addition, any particular energy conservation measure need not be installed if the City determines based on documentation submitted by the applicant for such exemption, any of the following:

    1.    The energy conservation measure is not technically feasible and its installation would be inconsistent with standard practices within the maintenance, engineering and energy management industries; or

    2.    The energy conservation measure is not cost effective as that term is defined in Section 19.72.020 of this chapter; or

    3.    The energy conservation measure should not be required since the building was determined to be in compliance, within the previous ten years, with the energy conservation measures required under Title 24. When a claim of exemption is based upon this ground, the applicant for the exemption shall submit the calculations, plans, and other documentation which had been submitted for compliance with Title 24; proof that the condition of the building existing at the time this chapter applies is in the same condition as existed at the time of compliance with Title 24; and proof that the existing equipment is substantially equivalent to that required for the prior Title 24 compliance. This basis for exemption shall not apply to energy conservation measures not addressed by Title 24, including but not limited to maintenance measures. (Ord. 6176-NS § 8, 1993)