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A. Payment of Fees Required. Every person constructing or causing to be constructed within the city nonresidential development projects and/or expanded nonresidential development projects as defined in this chapter shall pay to the city a fee computed as set out in this chapter.

B. Determination of Land Uses. For the purposes of this chapter, nonresidential land uses shall be divided into three classifications: commercial, retail, and industrial. When necessary, the director of community development or such other person as may be designated by the city manager shall determine the land use classification that most accurately describes the nonresidential development, or in the case of mixed use developments, the portion thereof, for the purposes of determining the fee to be imposed.

C. Computation of Fees. The fee charged shall be established from time to time by resolution of the city council and adjusted consistent with the provisions of such resolution and this chapter.

D. Adjustment of Fee. The fees specified herein shall increase or decrease annually by the same percentage as the latest "Engineering News Record Construction Cost Index—20 City Average" ("Index") annually increases or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of the adoption of the fee, or the Index used for the prior adjustment of the fee. The finance director shall compute the increase or decrease in such fee. The first adjustment shall take place on July 1, 2014, and each following July 1st.

E. Time of Collection. Such fees shall be due and payable prior to issuance of a building permit, or if no permit is to be issued by the city, at the time a new business license is issued.

(Ord. 2444 NCS §6 (part), 2012.)