21.12.090 Computation.
A. The director shall calculate the impact fee owed based on the schedule set forth in BMC 21.12.071 in effect on the date that the building permit is issued; provided, that the impact fee amount may be adjusted as follows:
1. For building permits for mixed use developments, impact fees shall be imposed on the residential component of the development.
2. 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.
3. In the case of redevelopment, expansion, or modification of an existing residential use, the following procedure shall be followed to calculate the impact fees to be assessed:
a. The director shall first determine how many dwelling units currently exist on the property and how many dwelling units will exist on the property following issuance of the building permit(s).
b. The director shall then calculate the impact fees that would have been owed on the existing dwelling units if built today.
c. The director shall then calculate the impact fees owed on the dwelling units proposed to be constructed as if no existing dwelling units were present on the property.
d. The director shall then subtract the amount calculated in subsection (A)(3)(b) of this section from the amount calculated in subsection (A)(3)(c) of this section. The resulting amount shall be the amount of impact fee to be assessed; provided, that no impact fee shall be assessed if the resulting amount is zero or negative.
4. If one of the following circumstances exists, then the director may adjust the amount of impact fees imposed under this chapter to reflect the proper calculation of the impact fee or to properly respond to the unusual circumstances identified by the developer:
a. The developer demonstrates that an impact fee assessment was improperly calculated; or
b. Unusual circumstances identified by the developer demonstrate that if the standard impact fee amount was applied to the development, it would be unfair or unjust.
B. If a developer elects not to have the impact fee determined according to subsection A of this section, then:
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 if the director reasonably determines it to be inaccurate or not reliable. The director may, in the alternative, require the developer to submit additional or different documentation for consideration.
3. The director shall consult with the district, and the district shall advise the director, prior to the director making a determination regarding the independent fee calculation study.
4. If an acceptable independent fee calculation study is not presented, the developer shall pay impact fees based upon the schedule described in subsection A of this section.
5. If an acceptable independent fee calculation study is presented, the director may adjust the fee to that appropriate to the particular development.
6. In cases where the developer requests an independent fee calculation, the costs of such calculation shall be borne by the developer.
C. Appeals.
1. Determinations made by the director pursuant to this section may be appealed to the city council by filing a written request with the director within 10 days following issuance of the determination at issue.
2. Any appeal of the decision of the council with regard to fee amounts shall follow the process for the appeal of the underlying development activity, as set forth in this code.
D. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. (Ord. 2369 § 6, 2021; Ord. 1738 § 11, 1998).