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<br /> ~ ~ . a~s <br /> charge under section 7.705 of this chapter, the system development charge <br /> for the existing use shall be calculated and if it is less than the system <br /> evelopment charge for the proposed use, the difference between the system <br /> I' evelopment charge for the existing use and the system development charge <br /> ~or the proposed use shall be the system development charge required under <br /> ection 7.705. If the change in use results in the system development <br /> harge for the proposed use being less than the system development charge <br /> or the existing use, no system development charge shall be required, how- <br /> ver, no refund or credit shall be given. <br /> on the di 'n th' - <br /> {3) The limitations use of cre is contained i is sub <br /> ~ection shall not apply when credits are given under subsection 7.730(4) of <br /> this section. A credit shall be given for the cost of a qualified public <br /> ' ijmprovement associated with a development. If a qualified public improve- <br /> ' rtient_is located partially on and partially off the parcel of land that is <br /> ~ the subject of the approval, the credit shall be given only for the cost of <br /> the portion of the improvement not located on or wholly contiguous to the <br /> parcel of land. The credit provided for by this subsection shall be only <br /> f"~or the public improvement charge imposed for the type of improvement being <br /> constructed and shall not exceed the public improvement charge even if the <br /> li c~st of the capital improvement exceeds the applicable public improvement <br /> c arge . <br /> (4) When establishing the methodology, the city manager may pro- <br /> v';ide for a credit against the public improvement charge, the reimbursement <br /> fee, or both, for a capital improvement .constructed as part of the develop- <br /> . m~ent that reduces the development's demand upon existing capital improve- <br /> m~nts or the need for future capital improvements or that would otherwise <br /> h ve to be constructed at city expense under the then-existing council poli- <br /> ces. <br /> (5) Except to the extent that a capital improvement for which a <br /> c edit is given is part of the phasing of a larger project and that the <br /> c edit received against the systems development charge is greater than the <br /> c arge for the phase where the capital improvement is constructed, credit <br /> s all not be transferable from one development toyanother. <br /> (6) Credit shall not be~transferable from one type of capital im- <br /> p ovements to another. <br /> 7x735 SDC - Appeal Procedures. <br /> ' ('1) As used in this section "working day" means a day when the <br /> g neral offices of the city are open to transact business with the public. <br /> (2) A person aggrieved by a decision required or permitted to be <br /> m de by the city manager or the manager's designee under sections 7.700 to <br /> 7 730 or a person challenging the propriety of an expenditure of systems <br /> d velopment charge revenues may appeal the decision or the expenditure by <br /> fling with the city manager's office a written request for consideration by <br /> t e hearings officer and by paying 'the fee for an appeal established under <br /> s ction 2.020 of this code. Such appeal shall describe with particularity <br /> t e decision or the expenditure from which the person appeals and shall com- <br /> p y with subsection (4) of this section. <br /> (3) An appeal of an expenditure must be filed within two years of <br /> t e date of alleged improper expenditure. An appeal challenging the metho- <br /> d logy may only be filed within 15 working days of the city manager's deci- <br /> s on, thereafter unless modified by the council or a court the methodology <br /> Ordinance - 9 <br /> <br />