§ 56-144. Changes in size and use.

An impact fee shall be imposed and calculated for the alteration, expansion or replacement of a building or the construction of an accessory building or structure if the alteration, expansion or replacement of the building or the construction of an accessory building or structure results in a land use determined to generate greater impact than the present use under the applicable impact fee rate schedules adopted herein. The impact fee imposed shall be calculated as follows:

(a)

If the impact fee is calculated on a per dwelling unit basis and not on the basis of square footage, the impact fee imposed shall be the amount due under the applicable impact fee rate schedule for the impact fee land use category resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed under the applicable impact fee rate schedule for the impact fee land use category prior to the alteration, expansion or replacement.

(b)

If the impact fee is calculated on the basis of square footage, in the event the square footage of a building is increased, the impact fee due for the increased square footage represented by the capital facilities impact construction shall be calculated by determining the impact fee due according to the square footage resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed for the original square footage prior to the alteration, expansion or replacement.

(c)

If the impact fee is calculated on the basis of land use and not square footage, the impact fee imposed shall be the impact fee due under the applicable 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 land use category prior to the alteration, expansion or replacement.

(d)

If an impact fee is imposed for an accessory building or structure because such accessory building or structure is determined to generate a greater impact than the present use, the fee shall be that applicable to the impact fee land use category for the primary building.

(Ord. No. 2007-40, § 8.04, 10-18-2007)