§ 38.105 CHANGES IN USE.
   Impact fees shall be imposed and calculated on any or all of the applicable below listed conditions 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 impacts on the City’s Capital Improvement System than the present use under the applicable impact fee rate. The impact fee imposed under the applicable impact fee rate shall be calculated as follows:
   (A)   When there is a change in land use, the impact fees imposed shall be the impact fees under the applicable impact fee rate for the impact fee land use category resulting from the land use change less the impact fee that would be imposed under the applicable impact fee rate for the impact fee land use category prior to the land use change.
   (B)   Unless exempt pursuant to § 38.103, when the square footage or gross leasable area of a building is increased, the impact fee rate shall be calculated based only on the increased square footage or the gross leasable area.
   (C)   Unless exempt by § 38.103, the impact fee imposed for any accessory buildings shall be that applicable under the impact fee rate for the land use for the primary building.
(Ord. O-2022-18, passed 9-21-22)