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charge and r 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 /> developmen charge for the proposed use, the difference between the system <br /> developmen charge for the existing use and the system development charge <br /> for the pr posed use shall be the system .development charge required under <br /> section 1. 05. 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 ex sting use, no system development charge shall be required, how- <br /> ever, no r fund or credit shall be given. <br /> 3) The limitations on the use of credits contained in this sub- <br /> section sh 11 not apply when credits are given under subsection 7.730(4) of <br /> this secti n. A credit shall be given for the cost of a qualified public <br /> i,mprovemen associated with a development. If a qualified public improve- <br /> ment is to aced partially on and partially off the parcel. of land that is <br /> t~,he subjec of the approval, the credit shall be given on]y for the cost of <br /> the portio of the improvement not located on or wholly contiguous to the <br /> p',arcel of and. The credit provided far by this subsection shall be only <br /> for the pu lic improvement charge imposed for the type of improvement being <br /> constructs and sha11 not exceed the public improvement charge even if the <br /> c~os.t of th 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 /> flee, or bo h, for a capital improvement constructed as part of the develop- <br /> ment that educes the development's demand upon existing capital improve- <br /> <br /> : „ mints or t e need for future capital improvements or that would otherwise <br /> hive to be constructed at city expense under the then-existing council poli- <br /> cies. <br /> S) Except to the extent. that a capital improvement for which a <br /> crredit is iven is part of the phasing of a larger project and that the <br /> c~^edit rec ived against the systems development charge is greater than the <br /> c arge for the phase where the capital improvement is constructed, credit <br /> s~iall not a transferable from one development to~another. <br /> (6) Credit shall not be transferable from one type of capital im- <br /> phovements to another. <br /> 7:735 S C - A sal Procedures. <br /> (1) As used in this section "working day" means a day when the <br /> general of ices of the city are open to transact business with the public. <br /> ( ) 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 /> 7730 or a erson 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 for consideration by <br /> tlhe hearing officer and by paying the fee for an appeal established under <br /> section Z.0 0 of this code. Such appeal shall describe with particularity <br /> the decisio or the expenditure from which the person appeals and shall com- <br /> ply with su section (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 /> Sion, thereafter unless modified by the council or a court the methodology <br /> Ordinance - 9 <br /> <br />