§ 8.7-20. Changes of size and use.

Impact fees shall be imposed and calculated for the alteration, expansion or replacement of a building or dwelling unit or the construction of an accessory building if the alteration, expansion or replacement of the building or dwelling unit or the construction of an accessory building results in a land use determined to generate greater impact than the present use under the impact fee rate schedule imposed herein. The impact fees imposed under the applicable impact fee rate schedule shall be calculated as follows in the event of a change of size or use:

A.

If the impact fees are calculated on a per dwelling unit basis and not on the basis of square footage, the impact fees imposed shall be the impact fees 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 schedule for the impact fee land use category prior to the alteration, expansion or replacement. In determining the impact fee which would have been imposed for the impact fee land use category prior to the alteration, expansion or replacement, the use of land during the previous three (3) years which provided the highest impact upon the capital facilities shall be utilized.

B.

If the impact fees are calculated on the basis of square footage, in the event the square footage of a building is increased, the impact fees due for the increased square footage represented by the capital facilities impact construction shall be calculated by determining the impact fees due according to the square footage resulting from the alteration, expansion or replacement, less the impact fees 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 fees 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 fees due for the change in use shall be calculated by determining the impact fees due according to the impact fee rate schedule for the building under the new impact fee land use category less the impact fee that was imposed for the building under the original impact fee land use category.

D.

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

(Ord. No. 18-048, § II(2.10), 7-24-18)