(A) The City Commission may waive part or all of the impact fees imposed on a project if it determines that the private space and facilities provided in the proposed project are of such a nature as to reduce substantially the project's impact upon the city's capital needs for expansion of public facilities; or that the fees imposed by this subchapter upon any given project substantially exceed the clearly demonstrated impact upon public facilities, including fire, public works, and police facilities.
(B) In the event a project owner shall consider any impact fee applicable to it to be excessive, the City Commission, on application, shall conduct a hearing to consider alleged overpayment. It shall be the duty of the project owner to demonstrate to the City Commission by clear and convincing evidence that applicable impact fees are substantially excessive as applied to the project. The Commission may adjust the fees based on the evidence presented.
(Ord. 279, passed 3-19-87; Am. Ord. 1048, passed 3-21-02)