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Home My WebLink AboutZ-419-03 DOCS/Filing Fees Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-419-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance to Amend the Carmel~Clay Zoning Ordinance Concerning the Filing Fees to be Collected by the Department of Community Services WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4), each unit of local govenunent that wishes to adopt land use and zoning ordinances must first approve by resolution a comprehensive plan for the geographic area over which it has jurisdiction; and WHEREAS, the 2020 Vision Comprehensive Plan (the "Comprehensive Plan") Docket No. 16-96 CP was given a favorable recommendation by the Carmel/Clay Advisory Plan Commission on August 20, 1996, and duly approved by Resolution No. CC-09-03-96-03 of the Common Council on September 24, 1996, and is therefore the official Comprehensive Plan of the City of Carmel and Clay Township; and WHEREAS, the Comprehensive Plan envisions that the Department of Community Services should be substantially financed not by the taxpayers of the community, but by the revenue generated by reasonable filing fees charged to landowners and developers who wish to make zoning changes and/or construct structures on their property; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the zoning ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the Carmel/Clay Zoning Ordinance is incorporated by reference into the Carmel City Code; r~ow, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 116-03 Z having received a favorable recommendation from the Carmel/Clay Advisory Plan Commission on Tuesday, September 16, 2003, it hereby adopts this Ordinance to amend Section 3.07: Definitions and Section 29. 06: Filing Fees of the Carmel/Clay Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows: Section I: Amend Section 3.07: Definitions of the Carmel/Clay Zoning Ordinance to adopt the following definitions: ALTERATION OF REAL ESTATE. An~Lact_by which vegetative cover or soil is removed, or soil is graded and land changed that may result i~ erosion or the movement of sediments, or the covering of land surfaces with impermeable material on areas total/ng more than fifteen thousand (15,000) square fee~ Ordinance No. Z-419-03 29.06 EVENT, SPECIAL._ The short-term cultural, communit~ and entertainment events that take place indoors or out, including fund-raising activities by not-for-profit organizations, walks, hms and bike events, concerts, carnivals or festivals, and other similar events. PERMIT, LAND DISTURBANCE. An Improvement Location Permit (ILP) for activities involving Alternation of Real Estate that may or may not involve building construction, but shall not be required for agriculture uses and activities, nor for domestic gardening. USE, TEMPORARY. The short-term or seasonal uses not conducted in an enclosed building or regular place of business, intended to sell, or promote specific merchandise or products, classified into two categories: a. Residential Model Home, Temporary Sales Offices, b. Grand Opening Sales, seasonal and holiday sales, and Auctions and Estate Sales Amend Section 29.06: Filing Fees to read as follows: Fihng Fees. Applications and petitions filed pursuant to the provisions of this Ordinance shall be accompanied by the filing fees hereinafter specified, and shall be paid to the City of Cannel and collected by the Department. On or before December 31st of each year, the Director shall determine if there has been an increase in the Consumer Price Index (United States city average) prepared by the United States Department of Labor, by comparing the arithmetic mean of the Index for July, August, and September of the current year with the same three-month period of the preceding year. If there has been an increase, the increase shall be stated as a percentage of the arithmetic mean for the three-month period of the year preceding the current year (the Adjustment Percentage). The Adjustment Percentage shall be rounded to the nearest one-tenth of one percent (0.1%) and may not exceed four percent (4%), unless otherwise provided by ordinance. Whenever the Director determines that there has been an increase, the Director may make a corresponding adjustment to the filing and inspection fees (including late fees) that are assessed under this Chapter 29.06, in order to recoup increases in personnel and administrative costs within the Department. However the adjustment may not be greater than the Adjustment Percentage determined under this paragraph. The adjusted fees as detemained by the Director under this paragraph take effect on January 1st of the succeeding year. 29.06.01 Filing Fees. &l. Primary Plat $750.00 ¢00d~ plus $1__00.00 35.00 per lot ~=:2. Amended Plat or Replat (Primary, Secondary or Plat Vacation) -~.3. Secondary Plat 4~4. Lot Split 4.5. Zoning Ordinance Amendment (text or map/rezone) ;~6. PUD Ordinance $750.0074X~0 plus $100.00;~4~0 per acre $1250.00 ~lns~00.00.~per acre Ordinance No. Z-419-03 p. 2 ,0.7. Development Standards Variance a. Single-family (primary residence) b. All other 0..8. Use Variance/Special Exception ¢:.9. Subdivision Regulations Waiver 10. Special Use & Special Use Amendment ~11. Development Plan $~20.00 FlU: $70.00 far ea:k add?dcr~al a. ~0.00 plus $75.00 tbr each additional variance request b. $950.00 plus $450.00 for each add/tional variance request $1250.00-t-050.00. plus $ 100.00 per acre $7_5.9...0_0_630.00 plus $}~9_._0__Qg0¢30 for each additional waiver request $750.00~30:00 plus $100.00 per acre $7_=5.0_.f[~700.00 plus $!.0_Q~35.00 per acre 4&.12. Amended Development Plan 44=.13. Appeal 4~..14. Architectural Design, Lighting, and Sign Approval -I-?M 5. Amended ADLS a. Sign only b. Building/Sit~e 44=.16. Condominium (Horizontal Property Regime) Review 4&.17. Commitment Amendment 18. Site Plan & Design Review a. Residential petition b. Commercial petition 4--5=.19. Technical Advisory Committee ~.20. Traffic Impact Analysis Review 45=21. Traffic Stud, Review 44=22. Zoning Certificate 2¢~23. Time Extension Review (time extension to begin construction, or extension for proiect completion) $125.000gO0 $750.00~~gY0 (plus $ i 00.00-~.4¢0 per acre when not accompanied by a Development Plan) a. $250.00 plns $50.00 per si~n $1000.00 plus $100.0075.00 per lot $1000.00890.00 per Comment a. $125.00 $750.00 $1500.00 $75,00 (no charge i£fnr ~me~y residence~ $150.00 Ordinance No. Z-419-03 p. 3 34:24. Re-Revie;v Fee (when previously identified issues have not been cm~cected or plans are so poorly conceived and prepared that review cannot take lace a Re-review fee will be assessed:) 25. BZAHearing Officer ma. Resktenfial petition ~26. Mining Permit t~.27. Mining Annual Report Review t-5~28. Land Disturbance Permit &5:29. Sexually Oriented Business Permit $150.00 per Re-review a. $125.00 plus $75.00 for each additimml $10,000.00 $10,000.00 $125.00 plus $25.00 per acre $1000.00 Annual Permit Ordinance No. Z419-03 p. 4 29.06.02Improvement Location Permit Fees (filing, inspection fees, and Certificates of Occupancy (C/O) are required on all new consiruction). &l. Industrial, Institutional, and Commercial: $364.00 plus $0.18 44 per goss sq. ft., Structures, additions, swimming pools, and plus applicable i:r,z!ud~s base accessory buildings (including public inspections .4rg, .-3w4 and 5, binildings and private schools) ~2. Single-family $364.00 phis $0.10 per sq. fi. over 1500 sq. ~. of totM-ftoo+' area, includes base.p_l_u_...s_'4.01!Li .cea..b. [ .eft ns p e c t ion s 4; 2, 3, '44md-5. iL3. Two-family dwelling $364.00 plus $0.10 per sq. ft. over4.SO0 sq~ fi'.~ ~f4~a-1 lteor ~ea, ine!udes base plns a_tlplicable inspections I, 2, 44. Multi-family dwelling (of any construction type or ownership classification) $364.00, plus 250.00 ! ~.5.50 per unit, plus applicable inspection fees 1, 2, 2, ~. and 5. 55. Dwelling Additions 6:6. Detached garage or carport, ap 7,7. Residential accessory buildings or structures with or without permanent foundations (excluding all residential accessory buildings under 120 sq. ft., farm buildings under 400 sq. f~. .7.ar~ Skng!e Family P, esider~ia! pools) 46.8. Structural Modification (Exterior or Interior Remodeling): a,.a. Residential b:b. Commercial, Industrial & Institutional ~c. Moving or changing location of building or structure (except mobile homes and other building with non- pem~anent foundations) · i-t,9. Residential Swimming Pool: Single-family residential (Excluding portable pools two feet, nine inches (2' 9") or less in depth) $125.00 plus $0.12 per sq. ft, and applicable inspection fees $125.00 35.5~ plus applicable inspection feesl ~ ~ ~ ~ r $75.00 36.59 plus $0.i0 0$per sq. ft. over 150 500 sq. fi. of total floor area, plus applicable inspection feesl, 2, 3 and 4. $125.00 36.50, plus applicable inspection fc*s 2 mud ~.. $265.00, plus $0.1.~8 ~6 per sq. ft. and applicable inspection fees 3 and 4. $125.00 31.09, plus inspection fees. $250.00,t45.50 plus $0.1_Q00-5 per sq. fi. of total pool area plus patio area, plus applicable inspection fees 1, 4 and 5. Ordinance No, Z-419-03 p. 5 29.06.03 Other Fees.£:ig~ Fec~ I. Tempor~v Use Perm/t (up to eighteen-month t_e~,l~_ o ra_r~_¢r mit) 2. Temporary Use Extension 3. TemporaW Sign 4. Special Event Permit (5 day permit) 5. Special Event Extension {up to 5 days) 6 ~....~ i_g.n. ~.exmjLa~[.i~a_t. ig. j~ 7.._Si_gn installation -Improvement permit 8. Time Extension Review (one time extension to start constmction~ or one time extension for finishing construction} 9. Re-Review Fee (when previonsl¥ identifi~ issues have not been corrected or plans are so poorly conceived and prepared that review cannot take place, a Re- review ~ke will be assessed.) a. Residential b. Commercial $250.00.,2E1~.' a.~plicable inspectiou fees $75.00 up to six months ~75.00 $.!g._5=.Q.0_ .}7_7=.(}_( $30.00 p~ [ace plus $1.60 $150.00 a. $125.00 b. $250.00 I0. Plan Amendment (Modifications of scope of work after permit has been issued) a. Residential b. Commercial 11. Record Research/Plan Retrieval a. $125.00 b. $250.00 nrJm_amr_e_s i4~..n_c_~) 29.06.04 Certificate of Occupancy Fees. 1. Residential Industrial, Commercial and Institutional Building~ $50.00 per dwelling ~mit. }_i~O~O~Lex leased sect/on. Partial C/O a. Residential b. Commercial ~ $. 100.00 Ordinance No. Z419-03 p. 6 Temporary C/O a. Residential a. $25.00 b. Commercial b. $50~00 5. Certificate of Substantial $100.00 Completion 29.06.05Demolition Permit Fees. Demolition or removal of buildings or structures $125.00 70.00 for the first building or structure plus $75.00 25.00 for each additional building or structure, plus applicable/nspections. 29.06.06Inspections (Additional). 41. Footing and underslab plumbing: ma. Residential $52.00 per inspection. b,.b. Commercial/Industrial $93.50 per inspection. ~.2. Electrical - New meter base, meter base relocation, and panel upgrades: ma. Residential bb. Commercial/Industrial 3. Bonding and Grounding (pools) &a. Residential &.b. Commercial $52.00 per inspection. $93.50 per inspection. $52.00 per inspection. .~. $93.50 per inspection. Roug~h-in (electrical, plumbing, heating and air conditioning): ma. Residential $52.00 per inspection. ~b. CommemiaFlndustrial $93.50 per inspection. 4~5. Final structure: a:a. Residential b-,b. Commercial/Industrial $52.00 per inspection. $93.50 per inspection. Ordinance No. Z419-03 p. 7 &6. Final site: ma. Residential Mb. Commercial/Industrial ~7. All Other Inspections: a~a. Residential l~.b. Commercial/Industrial ~8. Duplicate Permit Placards $52.00 per inspection. $93.50 per inspection. $52.00 per inspection. $93.50 per inspection. $_1_..5..~_(g..)...40~0 each. Ordinance No. Z-419-03 p. 8 29.06.07Late Fees for Pemaits. Late fees shall be assessed for _cXLn_~.t.[.u. qJj_o.!kbnsine~;z ;~nd ma~::f~c,~,~i:Ig ,qpcrationg started er und~ : p o to obtammg required pernnts,,, ...~ .......... , .....................0ccupan%. ad. Single-family, Two-family Twice Noml Fee -~ale4k~. ~2. Multi-family ~3. Commercial d;4. Twice Normal Fee _q?..i~._Normal Fee ¢ $209.00 late4e~ &5. Industrial ~..6. All Other (including signs, pools, accessory buildings, porches, room additions, barns, or storage buildings, etc.) Iw ce Normal Fee Normal Fee +' $100.00 75.00 late fee within five (5) days after official notice of the violation from the Department. The fee will be increased by $25.00 &~0 per day as long as the violation continues, up to, but not to exceed $2500.00. 29.06.08 Late Fees on Inspections. Late fees shall be assessed a4ter4I~"vw/~done cf!:c~atm~t,~~ ~)n missed inspections, fincluding occupanc_y_without a C/0, in the following fashion: t. Single-family, Two-fba~l¥ :Ta-t/meEach Violation $750.00-3-5g.~- 0 2. Multi-family 0 0 $ 4 4 0 $1000.00g-50.00 $700.4~0 0 0 Ordinance No. Z419-03 p. 9 3. Commercial $ $1000.00 ......... e~rm rm 4 0 0 4. r[~titutional $1000.00 5. Industrial $ $1000.00~50.~0 4 O 0 0 6. Other $ $500.00140.00 g250.00 0 0 0 Additional permits will not be issued by the Department to any individual, firm, or corporation until alt previously required permits, inspections and Certificates of Occupancy have been issued and all fees paid.~f a~er three (2) y~n ap~avx has net incr:rrc"~ns as ~egcrib~ ~.a4.'~c4ion 29.0~.07 c.~.'3 .~ccc~gxg~9(~Cg-ab'.'~ve, ';'ai'd ~vefi to "First Time 29.06.09Builder App lic a fion.~u~X. Com~cAo~s-L-/~ease-Fees:. Builder Application~ec4muKmt $125.00 annual fee-3~.O~n [:c,~ 29.06.10 Exemptions from Fees. The listed fees are waived for all City of Carmal.,~Cla_a32Township_ and Carmel/Clay School System buildings or facilities. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana thisQ~'~day of 1~ ~-'{ ~_ Pt_~bJ~, 2003, by a vote of 1.~ ayes and ~ nays. Ordinance No. Z-419-03 p. 10 COMMON CO~UNCIL FOR THE CITY OF CARMEL ere~ti___~fi c er / K.~fK~y~~ ~'fi~i~r, President~ro T~pore ~. Kove~~ (Rob~t~eall _ ~ / ~. ~R~dIe , ~ . ~ fonald E. C~er ~ Wa~e Wilson ATTEST: Di~a L. Cor~ay, I~,~rk-Tr~ Presented by me to the Mayor of the City of C~el, hdi~a ~i~day of Approved by me, /~/~0e~,~ , 2003, at/r~ ~C) ~/t~. Diana L. Cordra~,~C, Cl~r~-Tr~surer Mayor of the City of Cannel, Indiana, this ,,2(~/~day of J~es Brai~ard, Mayor ATTEST: Diana L. Cordr~r~,"I3i~C, Cf~k-Treasurdr (~/ Prepared by: John R. Molitor Carmel/Clay Advisory Plan Commission Attorney One Civic Square Carmel, IN 46032 Ordinance No. Z-419-03 p. ll CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-419-03 An Ordinance to amend Chapter 29, the Administration Section, of the Carmel/Clay Land Use Regulations concerning the section regarding fees. To: The Honorable Common Council Of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Advisory Plan Commission offers you the following report on the application of the Department of Community Services (Docket No. 116-03 Z) to the Commission to amend Chapter 29, the Administration Section, of the Carmel/Clay Land Use Regulations concerning the section regarding fees. The Carmel/Clay Plan Commission's recommendation on the petition of the Department of Community Services is FAVORABLE. At its regular meeting of September 16, 2003, the Carmel/Clay Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-419-03 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4-607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification is Thursday, December 25, 2003. Ra]nona Hancocl~, Secretary Carmel/Clay Advisory Plan Commission Dated: Friday, September 26, 2003 2003-0926; Z-419-03; Fee Amend Certification CARMEL/CLAY I~AN COMMISSION ' ~M~arig~fi -An~er~ro~n, XT{c~LPresident '>' RECEIVED CARMEL CLERK TREASURER P L E A S E LEGAL ADVERTISING An invoice for this ad will be sent at the end of the month. Please forward this ad to person responsib{e for payment. ^ccT# DATE ,'/0 x~ -'~--00 5 AMOUNT $ TO iNSURE PROPER CREDIT RETURN THIS FORM WITH REMCCFANCE THANK YOU INDIANAPOLIS NEWSPAPERS Additional charge for Online Publication TOTAL AMOUNT OF CLAIM )ATA FOR COMPUTING COST PERS ST - PO BOX 145 ;06-0145 $. I3.27 $ S.00 g 09 $. g ATE: 10/21/200:} 00549-2959726 ..PJJBLISHER'S AFFIDAVIT State of Indiana SS: Hamdlt on County Personally appeared before me, a notary public in and for said county and state, the undersigned Karen Mullius wino, being duly sworn, says that SHE is clerk of the Nobles~ille Ledger a newspaper of general circulation phnted and published in the English lauguage in the city of NOBLESVILLE in state and county aforesaid, and t~at the printed matter attached hereto is a true copy, which was daly published in said paper for 1 trine(s), between the dates off 10/21/2003 and 10/21/2003 Title Subscribed a~d sworn to before me on 10/21/2003 My corminssion expires: Susan Ketchem J