(B) Procedures for modifying general rule to a particular development. In the event that a developer objects to the classification of certain dwelling units as being “4 BR SF Detached,” the developer may file a request with the City Manager seeking a specific adjustment from the general rule set forth in division (A) above and the reasons for such requested adjustment. The City Manager may grant such adjustment on any justifiable basis, in which case the City Manager shall notify the developer of such adjustment. In the event that the City Manager does not grant a requested adjustment in whole or in part, the developer may file a formal appeal in accordance with § 150.544. In the event of an appeal, the developer shall deliver to the City Clerk such information and data as the developer believes will support its appeal relating to either the particular dwelling unit for which a building permit is sought or to all dwelling units to be constructed within a new residential development.
(C) Corrective adjustment of development impact fee. In the event that the City Council has modified the general rule in division (A) above at the request of a developer pursuant to division (B) above for a particular dwelling unit or units, and a subsequent building permit application is presented for any such dwelling unit that would have required a larger development impact fee but for the adjustment approved pursuant to the developer’s request under this division (C), no building permit shall be issued for such dwelling unit unless the developer of that dwelling unit pays a corrective development impact fee. The corrective development impact fee shall be equal to 115% of the applicable development impact fee for such dwelling unit as calculated at the time of the building permit application less the development impact fee initially paid in connection with such dwelling unit.
(Ord. 06-42, passed 7-20-2006; Ord. 2009-28, passed 9-21-2009)