§ 54-160.4. Changes in size and use.

An impact fee shall be imposed and calculated for the alteration, expansion or replacement of a building or the construction of an accessory building or structure if the alteration, expansion or replacement of the building or the construction of an accessory building or structure results in a land use determined to generate greater impact than the present use under the applicable impact fee rate schedules adopted herein. The impact fee imposed shall be calculated as follows:

(a)

If the impact fee is calculated on a per dwelling unit basis and not on the basis of square footage, the impact fee imposed shall be the amount due under the applicable impact fee rate schedule for the impact fee land use category resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed under the applicable impact fee rate for the impact fee land use category prior to the alteration, expansion or replacement.

(b)

If the impact fee is calculated on the basis of square footage, in the event the square footage of a building is increased, the impact fee due for the increased square footage represented by the capital facilities impact construction shall be calculated by determining the impact fee due according to the square footage resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed for the original square footage prior to the alteration, expansion or replacement.

(c)

If the use of a building is changed after payment of the impact fee which results in a change in the applicable impact fee land use category of the building and such change is determined to generate a greater impact than the present use, the additional impact fee due for the change in use shall be calculated by determining the impact fee due according to the square footage of the building under the new impact fee land use category less the impact fee that was imposed for the square footage of the building under the original impact fee land use category.

(d)

If the impact fee is calculated on the basis of land use and not square footage, the impact fee imposed shall be the impact fee due under the applicable impact fee land use category resulting from the alteration, expansion or replacement, less the impact fee that would be imposed under the applicable impact fee land use category prior to the alteration, expansion or replacement.

(e)

If an impact fee is imposed for an accessory building or structure because such accessory building or structure is determined to generate a greater impact than the present use, the fee shall be that applicable to the impact fee land use category for the primary building.

(f)

For purposes of the water impact fees and sewer impact fees imposed pursuant to this article, the following shall apply:

(1)

Water impact fees and sewer impact fees, as applicable, shall be imposed and calculated for the alteration, expansion or replacement of sewer system impact construction or water system impact construction which will result in a land use determined to create an additional demand on either the city sewer system or the city water system. Whenever any person applies to connect to the city sewer system or city water system, the fees imposed shall be calculated on the entirety of the buildings. Where the alteration, expansion or replacement occurs on lands for which a sewer impact fee or water impact fee has already been paid, the fees imposed shall be only upon the additional demand created by the alteration, expansion or replacement.

(2)

No refund or credit shall be afforded an owner or applicant in the event of a diminution of use occurs after the sewer impact fee or water impact fee already paid has been expended or encumbered. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out.

(Ord. No. 07-23, § 8.02, 12-17-2007; Ord. No. 08-20, § 6, 12-18-2008)

Editor's note

Section 6 of Ord. No. 08-20, adopted December 18, 2008 added provisions to be designated as § 54-160.3 and allowed for the renumbering of previous §§ 54-160.3—54-160.10 as §§ 54-160.4—54-160.11.