(A) A developer of any project subject to the fees described herein may apply to the City Council for a reduction, adjustment, or waiver of any one or more of the fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee(s) charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than:
(1) Ten days prior to the public hearing on the development permit application for the project; or
(2) If no development permit is required, at the time of the filing of the request for a building permit.
(B) The application shall state in .detail the factual basis for the claim of waiver, reduction or adjustment.
(C) The City Council shall consider the application at the public hearing on the permit application or at a separate public hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The hearing shall be noticed and conducted in the same fashion and manner as prescribed by the laws of the city for hearing on development permits. The decision of the City Council shall be final.
(1) If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee if the change in use would render the same inappropriate.
(2) The City Council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations which will apply to reductions, adjustments or waivers of development impact fees which may be made pursuant to this section. In this regard, this chapter shall be considered enabling and directory.
(Ord. 19-08, passed 12-17-2019)