Ordinance No. 19773 - Laserfiche WebLink

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charge under section 1.105 of this chapter, the system development charge far the existing use shat ] be calculated and i f it i s 1 ess than the system development charge for the proposed use, the difference between the system level opment charge far the existing use and the system development charge far the proposed use shall be the system development charge required under section 1.105. If the change in use results in the system development charge for the propased use being 1 ess than the system development charge for the existing use, no system level opment charge shall be required, how- ever, no refund or credit sha]1 be given. {3} The 1 imi tati ons on the use of credits contained i n this sub- secti on shal 1 not apply when credits are given under subsection 1.130 {4} of this section. A credi t shall be given for the cost of a qual i f i ed publ i c improvement associated wi th a level opment . I f a qual i f i ed public i mprave- ment i s located parti a1 ly on and partially off the parcel of 1 and that i s the subject of the approval, the credit shall be given only for the cost of the portion of the i mpravement not 1 orated on or wholly cant i guous to the parcel of 1 and. The credit provided for by this subsection shal 1 be only far the public improvement charge imposed for the type of improvement being constructed and shall not exceed the public improvement charge even if the cost of the capi tat improvement exceeds the applicable public improvement charge. {4} When establishing the methodology, the city manager may pro- vide for a credit against the public improvement charge, the reimbursement fee, or both, for a capi tat improvement constructed as part of the level op- ment that reduces the level ailment's demand upon existing capital improve- ments or the need for future capital improvements ar that would otherwise have to be constructed at city expense under the then-existing counci 1 pol i - cies. {5} Except to the extent that a capital improvement for which a credit is given is part of the phasing of a larger project and that the credit received against the systems development charge i s greater than the charge for the phase where the capita] improvement i s constructed, credi t shal 1 not be transferable from one development to another. {5} Credit shall not be transferable from one type of capital im- provements to anather. 1.135 SDC - Appeal Procedures . ~_1} As used in this section "working day" means a day when the general offices of the city are open to transact business with the pub1 i c . {2} A person aggrieved by a decision required or permitted to be made by the city manager or the manager's designee under sections 1.100 to 1.130 or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision ar the expenditure by f i 1 i ng with the city manager's of f i ce a wri tten request for consideration by the hearings officer and by paying the fee for an appeal established under section 2.020 of this code. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and shall com- ply with subsection {4} of this secti an. {3 } An appeal of an expenditure must be f i 1 ed within two years of the date of alleged improper expenditure. An appeal challenging the metho- dal ogy may only be f i 1 ed within 15 working days of the city manager's deci - s i on, thereafter unless modified by the counci 1 ar a court the methodal ogy 4rdi Hance - 9