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I <br /> III 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 /> development charge for the proposed use, the difference between the system <br /> i development charge for the existing use and the system development charge <br /> for the proposed use shall be the system development charge required under <br /> I~ section 7.705. If the change in use results in the system development <br /> charge for the proposed use being less than the system development charge <br /> for the existing use, no system development charge shall be required, how- <br /> ever, no refund or credit shall be given. <br /> ~ (3) The limitations on the use of credits contained in this sub- <br /> section shall not apply when credits are given under subsection 1.730(4) of <br /> this section. A credit shall be given for the cost of a qualified public <br /> improvement associated with a development. If a qualified public improve- <br /> ment 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 /> j the portion of the improvement not located on or wholly contiguous to the <br /> i parcel of land. The credit provided for by this subsection shall be only <br /> for 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 /> cost of the capital improvement exceeds the applicable public improvement <br /> charge. <br /> (4) When establishing the methodology, the city manager may pro- <br /> vide 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 /> ; ment that reduces the development's demand upon existing capital improve- <br /> ' ments or the need for future capital improvements or that would otherwise <br /> 'i have to be constructed at city expense under the then-existing council poli- <br /> Gies. <br /> (5) Except to the extent that a capital improvement for which a <br /> credit is given is part of the phasing of a larger project and that the <br /> ~I credit received against the systems development charge is greater than the <br /> charge for the phase where the capital improvement is constructed, credit <br /> ~ shall not be transferable from one development to-another. <br /> (6) Credit shall not be transferable from one type of capital im- <br /> provements to another. <br /> 7.735 SDC - Appeal Procedures. <br /> (1) As used in this section "working day" means a day when the <br /> general 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 /> made 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 /> development charge revenues may appeal the decision or the expenditure by <br /> filing with the city manager's office a written request far consideration by <br /> the hearings officer and by paying the fee for an appeal established under <br /> section 2.020 of this code. Such appeal shall describe with particularity <br /> the decision or the expenditure from which the person appeals and shall com- <br /> ply with subsection (4) of this section. <br /> (3) An~appeal of an expenditure must be filed within two years of <br /> the date of alleged improper expenditure. An appeal challenging the metho- <br /> dology may only be filed within 15 working days of the city manager's deci- <br /> <br /> ~ sion, thereafter unless modified by the council or a court the methodology <br /> II - <br /> Ordinance 9 <br /> I~ <br /> <br />