1. If development approval is requested for mixed uses, then the fee shall be determined using the above schedule by apportioning the space committed to uses specified on the schedule.

2. If the type of development activity that development approval is applied for is not specified on the above fee schedule, the director of community development (director) shall use the fee applicable to the most comparable type of land use on the above fee schedule. If the director determines that there is not a comparable type of land use on the above fee schedule then the director shall determine the fee by considering demographic or other documentation that is available from state, local, and regional authorities that is consistent with the documentation in the rate study.

3. In the case of a change in use from nonresidential to residential, the impact fee shall be the applicable impact fee for each dwelling unit created, less any impact fee previously paid for the equivalent square footage of the prior nonresidential use. If no impact fee was required for the prior nonresidential use, the impact fee for each dwelling unit created shall be reduced by an amount equal to the current nonresidential impact fee for the equivalent square footage of the prior nonresidential use.

4. In the case of a change in use from residential to nonresidential, the impact fee shall be the applicable impact fee for the nonresidential use, less any impact fee previously paid for the prior residential use. If no impact fee was required for the prior residential use, the impact fee for the nonresidential use shall be reduced by an amount equal to the current residential impact fee for each dwelling unit of the prior residential use that will be changed to a nonresidential use; provided, that no impact fee shall be assessed if the foregoing results in zero or in a negative number.

5. In the case of redevelopment, expansion, or modification of an existing nonresidential use, the impact fee shall be the applicable impact fee applied to the net positive increase in nonresidential square footage; provided, that no impact fee shall be assessed if there is no increase or a net decrease in nonresidential square footage.

6. In the case of redevelopment, expansion, or modification of an existing residential use, the impact fee shall be the applicable impact fee applied to the net positive increase in the number of dwelling units; provided, that no impact fee shall be assessed if there is no increase or a net decrease in the number of dwelling units.

1. The developer shall prepare and submit to the director an independent fee calculation study for the development activity for which a development approval is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made.

2. The director shall consider the documentation submitted by the developer but is not required to accept such documentation as the director shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the developer to submit additional or different documentation for consideration.

3. If an acceptable independent fee calculation study is not presented, the developer shall pay park impact fees based upon the schedule shown in A of this section.

4. If an acceptable independent fee calculation study is presented, the director may adjust the fee to that appropriate to the particular development.

5. In cases where the developer requests an independent fee calculation, the costs of such calculation shall be borne by the developer.

1. Determinations made by the director pursuant to this section may be appealed to the council by filing a written request with the director within 10 days of the official’s determination.

2. Any appeal of the decision of the city with regard to fee amounts shall follow the process for the appeal of the underlying development activity, as set forth in the Bothell Municipal Code.

3. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. (Ord. 2369 § 9, 2021; Ord. 2192 § 1, 2016; Ord. 1707 § 4, 1997).