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6.3B <br /> Page 7 <br /> 2. For a Development that involves a change of use or modification of an existing <br /> use, the Impact Fee shall be based upon the net increase in the Impact Fee for <br /> the new use as compared with the prior use, subject to the conditions specified <br /> above. However, should the change in use result in a calculation of an Impact <br /> Fee less than that paid for the prior use, no refunds or credits therefor shall be <br /> paid or given." <br /> 3. Notwithstanding any provision of the Traffic Impact Fee Ordinance to the <br /> contrary, if Section 18.249. 0. 1 , as introduced for amendment on March 27, 2006 <br /> shall go into effect no later than May 3, 2006, then where any proposed <br /> development includes existing, unoccupied, or unused buildings or structures <br /> and impact fees are paid by a developer/ applicant between March 28, 2006 and <br /> May 3, 2006, any portion of such payment that would qualify for a credit under <br /> the provisions of the amended Section 18.249.C. 1 shall be reimbursed to the <br /> applicant. This section shall remain in effect only until May 4, 2006, and as of <br /> that date is repealed, unless a later enacted statute, that is enacted on or before <br /> May 4, 2006, deletes or extends that date. <br /> Section 3. If any section, subsection, sentence, clause or phrase, part or portion of this <br /> ordinance, including those parts adopted by reference, is for any reason held to be invalid or <br /> unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity <br /> of the remaining portions of this ordinance. <br /> Section 4. This ordinance shall become effective thirty days after its adoption. <br /> Atty/Ord/Ord.258 5 <br /> 032806 <br />