§ 23-768. Change of size or use.

a. 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:

1. increase the number of dwelling units;

2. increase the usable square footage; or

3. change the land use so as to constitute a different fee land use category.

b. The impact fees imposed under the applicable impact fee rate shall be calculated as follows:

1. If the impact fees are calculated on land use and not square footage, the impact fees imposed shall be the impact fees due under the applicable impact fee rate for the 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 rate 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 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 public facilities shall be utilized.

2. In the event the square footage of an office building or retail building, as defined herein, is increased, the impact fee rate for the increased square footage represented by public facilities impact construction shall be at the impact fee rate applicable to public facilities impact construction with square footage equal to the existing square footage, plus the contemplated increased square footage. However, the impact fee shall be calculated only upon the increased square footage.

(Ord. No. 2006-04, § 1, 2-21-06; Ord. No. 2022-38, § 1, 8-16-22)