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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 />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 />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 7.730(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 />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 />for the public improvement charge imposed for the type of improvement being <br />eonstrueted 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 />. meats or the need for future capital improvements or that would otherwise <br />have to be constructed at city expense under the then-existing council pol~- <br />cieso <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 />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 for 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 />sion, thereafter unless modified by the council or a court the methodology <br />Ordinance - 9 <br />