HomeMy WebLinkAboutCertification to City Council Z-419-031
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CERTIFICATION OF THE CARMEL/CLAY
PLAN COIVIlVIISSION'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 Secfion, of the CarmeUClay Land Use
Regulations concerning the section regarding fees.
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Deaz Members:
The CarmeUClay Advisory Plan Commission offers you the following report on the application
of the Depaztment of Community Services (Docket No. 116=03 Z) to the Commission to amend
Chapter 29, the Administration Section, of the CarmeUClay Land Use Regulations concerning
the section regarding fees.
The CarmeUClay Plan Commission's recommendation on the petition of the Deparhnent of
Community Services is FAVORABLE.
At its regular meeting of September 16, 2003, the CazmeUClay.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.
CARMEL/CLAY AN COMMISSION
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BY:
Mar' Ander on, Vice-President
~~.
.~
cock, Secretary
Advisory Plan Commission
Dated: Friday, September 26, 2003
2003-0926; Z-419-03; Fee Amend Certification
RECEIVED
>~;~ 2 ~ ^.,~~
CARMEL CLERK
TREASURER
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CARMEL CITY COUNCIL
November 3, 2003
Z-419-03: PC Docket No. 116-03 Z; (03070012);
Fee Schedule -Ordinance Amendment
Petitioner seeks a favorable recommendation on proposed changes to the Fee section
ofthe Ordinance.
Filed by the Department of Community Services.
The Department of Community Services, as petitioner, requests that the City Council adopt a
request to amend Chapter 29, the Administration Section of the CarmeUClay Land Use
Regulations. The CarmeUClay Plan Commission forwards this ordinance to the Common
Council with a (10-0) Favorable Recommendation (see attached certification). Approval of
the amendment would revise the existing fee structure to be more reflective of the costs
associated with processing individual petition types in the way of staff time and other
administrative resources.
In addition, fees are proposed to address newer application types and services currently
provided and others to be provided by the department.
The Department recommends that this item be forwarded to the Annexation and Land
Use Committee for further discussion.
Council Report 2003-1103
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 government that wishes to adopt land use and zoning ordinances
must first approve by resolution a comprehensive plan for the geographic azea 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 CarmeUClay Zoning Ordinance is incorporated by reference into the Carmel City
Code;
NOW, 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 CanxteUClay Advisory Plan Commission on
Tuesday, September 16, 2003, it hereby adopts this Ordinance to amend Section 3.07:
Defnitions and Section 29.06: Filing Fees of the CarrneUClay Zoning Ordinance (Ordinance No.
Z-289, as amended), to read as follows:
Section I:
a. Amend Section 3.07.• Defnitions of the CarmeUClay Zoning Ordinance to adopt the
following definitions:
ALTERATION OF REAL ESTATE. Any act by which vegetative cover or soil is removed, or soil is
graded and land changed that may result in erosion or the movement of sediments, or the covering
of land surfaces with impermeable material on areas totaling more than fifteen thousand (15,000)
squaze feet.
Ordinance No. Z-419-03
p. 1
EVENT, SPECIAL. The short-term cultural, community and entertainment events that take place indoors
or out, including fund-raising activities by not-for-profit organizations, walks; runs and bike
events, concerts, carnivals or festivals, and other similaz events.
PERMIT, LAND DIS'T'URBANCE. An Improvement Location Permit (ILP) for activities involving
Alternation of Real Estate that may or may not involve building construction, but shall not be
requued for agriculture uses and actvities, nor for domestic gazdening.
USE, TEMPORARY. The short-term or seasonal uses not conducted in an enclosed building or regulaz
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 Auctons and Estate Sales
b.
29.06
Amend Section 29.06: Filing Fees to read as follows:
Filine Fees.
Applications and pettons filed pursuant to the provisions of this Ordinance shall be accompanied by the
filing fees hereinafrer specified, and shall be paid to the City of Carmel and collected by the Department.
On or before December 31~' of each yeaz, the Duector 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 yeaz 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 arithmetc mean for the three-month period of the yeaz preceding the current yeaz (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 Duector 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 pazagraph. The adjusted fees as
detemilned by the Duector under this paragraph take effect on January 1" of the succeeding year.
29.06.01 Filine Fees.
1. Primary Plat $750.00 plus $100.00 per lot
2. Amended Plat or Replat $250.00 plus $100.00 per lot
(Primary, Secondary or Plat Vacaton)
3. Secondary Plat $750.00 plus $100.00 per lot
4. Lot Split $250.00
5. Zoning Ordinance Amendment $750.00 plus $100.00 per acre
(text or map/rezone)
6. PUD Ordinance $1250.00 plus $100.00 per acre
Ordinance No. Z-419-03
p. 2
7. Development StandardsVaziance
a. Single-family (primary residence)
b. All other
8. Use Variance/Special Exception
9. Subdivision Regulations Waiver
10. Special Use & Special Use Amendment
11. Development Plan
12. Amended Development Plan
13. Appeal
14. Architectural Design, Lighting, and Sign
Approval
15. Amended ADLS
a. Sign only
b. Building/Site
16. Condominium (Horizontal Property Regime)
Review
17. Commitment Amendment
18. Site Plan & Design Review
a. Residential petition
b. Commercial petition
19. Technical Advisory Committee
20. Traffic Impact Analysis Review
21. Traffic Study Review
22. Zoning Certificate
23. Time Extension Review (time extension to
begin constmction, or extension for project
completion)
24. Re-Review Fee (when previously identified
issues have not been corrected or plans are so
poorly conceived and prepared that review
cannot take place, a Re-review fee will be
assessed.)
a. $250.00 plus $75.00 for each
additional variance request
b. $950.00 plus $450.00 for each
additional variance request
$1250.00 plus $100.00 per acre
$750.00 plus $350.00 for each additional
waiver request
$750.00 plus $100.00 per acre
$750.00 plus $100.00 per acre
$750.00 plus $100.00 per acre
$125.00
$750.00 (plus $100.00 per acre when not
accompanied by a Development Plan)
a. $250.00 plus $50.00 per sign
b. $500.00 plus $50.00 per acre
$1000.00 plus $100.00 per lot
$1000.00 per Commitment
a. $125.00
b. $350.00
$250.00
$750.00
$1500.00
$75.00 (no charge if for primary residence)
$150.00
$150.00 per Re-review
Ordinance No. Zlil9-03
p. 3
25. BZA Hearing Officer
a. Residential petition
b. Conunercial petition
26. Mining Permit
27. Mining Annual Report Review
28. Land Disturbance Permit
29. Sexually Oriented Business Permit
a. $125.00 plus $75.00 for each additional
vaziance request
b. $500.00 plus $250.00 for each additional
variance request
$10,000.00
$10,000.00
$125.00 plus $25.00 per acre
$1000.00 Annual Permit
29A6.02Imorovement Location Permit Fees (filing, inspection fees, and Certificates of Occupancy (C/O)
are required on all new construction).
1. Industrial, Institutional, and Commercial: $364.00 plus $0.18 per gross sq. ft.,
Structures, additions, swimm;ng pools, and plus applicable inspections ,
accessory buildings (including public
buildings and private schools)
2. Single-family $364.00 plus $0.10 per sq. fr. plus
applicable inspections .
3. Two-family dwelling $364.00 plus $0.10 per sq. ft. plus
applicable inspections
4. Multi-family dwelling (of any construction $364.00, plus 250.00 per unit, plus
type or ownership classification) applicable inspection fees
5. Dwelling Additions $ 125.00 plus $0.12 per sq. ft, and
applicable inspection fees
6. Detached gazage or carport $125.00 plus applicable inspection fees
7. Residential accessory buildings or structures $75.00 plus $0.10 per sq. fr. over 150
sq. ft. of total floor area, plus
with or without permanent foundations applicable inspection fees.
(excluding all residential accessory
buildings under 120 sq. ft., farm buildings
under 400 sq. ft.
8. Structural Modification (Exterior or Interior
Remodeling):
a. Residential $125.00 ,plus applicable inspection .
b. Commercial, Industrial & $265.00, plus $0.18 per sq. ft. and
Institutional applicable inspection fees .
c. Moving or changing location of $125.00 ,plus inspection fees.
building or structure (except mobile
homes and other building with non-
pem~anentfoundations)
Ordinance No. Z-019-03
p. 4
9. Residential Swimming Pool: Single-family $250.00, plus $0.10 per sq. ft. of total
residential (Excluding portable pools two pool area plus patio azea, plus
feet, nine inches (2' 9") or less in depot) applicable inspection fees .
29.06.03 Other Fees.
1. Temporary Use Permit (up to eighteen-month $250.00, plus applicable inspection fees
temporary permit)
2. Temporary Use Extension $75.00 up to six months
3. Temporary Sign $75.00
4. Special Event Permit (5 day permit) $125.00
5. Special Event Extension (up to 5 days) $75.00
6. Sign permit application $75.00
7. Sign installation -Improvement permit $30.00 per sign face plus $1.60 per sq.
ft.
8. Time Extension Review (one time extension
to start construction, or one time $150.00
extension for finishing constmction)
9. Re-Review Fee (when previously identified
issues have not been corrected or plans
aze so poorly conceived and prepazed
that review cannot take place, a Re-
review fee will be assessed.)
a. $125.00
a. Residential
b. Commercial b. $250.00
10. Plan Amendment (Modifications of scope
of work afrer permit has been issued) a. $125.00
a. Residential b. $250.00
b. Commercial
11. Record Research /Plan Retrieval $ 50.00 per request (no charge if for
primazy residence)
29.06.04 Certificate of Occupancy Fees.
1. Residential $50.00 per dwelling unit.
2. Industrial, Commercial and $100.00 per leased section.
Institutional Buildings
Ordinance No. Z-419-03
p. 5
~,
3. Partial C/O
a. Residential
b. Commercial
4. Temporary C/O
a. Residential
b. Commercial
5. Certificate of Substantial
Completion
29.06.OSDemolition Permit Fees.
Demolition or removal of buildings or
structures
29.06.06Insnections(Additionall.
1. Footing and underslab plumbing:
a. Residential
b. CommerciaUlndustnal
a. $100.00
b. $200.00
a. $25.00
b. $50.00
$100.00
$125.00 for the fast building or structure
plus $75.00 for each additional
building or structure, plus applicable
inspections.
$52.00 per inspection.
$93.50 per inspection.
2. Electrical -New meter base, meter base relocation, and panel upgrades:
a. Residential $52.00 per inspection.
b. Commercia]/Industdal $93.50 per inspection.
3. Bonding and Grounding (pools)
a. Residential $52.00 per inspection.
b. Commercial $93.50 per inspection.
4. Rough-in (electrical, plumbing, heating and air conditioning):
a. Residential $52.00 per inspection.
b. Commercial/Industrial $93.50 per inspection.
Ordinance No. Z-419-03
p. 6
5. Final structure:
a. Residential $52.00 per inspection.
b. Commercial/Industrial $93.50 per inspection.
6. Final site:
a. Residential $52.00 per inspection.
b. Commercial/Industdal $93.50 per inspection.
7. All Other Inspections:
a. Residential $52.00 per inspection.
b. CommerciallIndustrial $93.50 per inspection.
8. Duplicate Permit Placazds $15.00 each.
29.06.07 Late Fees for Permits.
Late fees shall be assessed for constmction started prior to obtaining required permits.:
1. Single-family, Two-family Twice Normal Fee
2. Multi-family
3. Commercial
4. Institutional
5. Industrial
6. All Other (including signs, pools,
accessory buildings, porches,
room additions, barns, or storage
buildings, etc.)
Twice Normal Fee
Twice Normal Fee
Twice Normal Fee
Twice Normal Fee
Normal Fee + $100.00 late fee within
five (5) days after official notice of the
violation from the Department. The
fee will be increased by $25.00 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 on missed inspections, including occupancy without a C/O, in the
following fashion:
Each Violation
1. Single-family, Two-family $750.00
2. Multi-family $1000.00
3. Commercial $1000.00
4. Institutional $1000.00
5. Industrial $1000.00
6. Other $500.00
Ordinance No. Z-419-03
p. 7
Additional permits will not be issued by the Department to any individual, fum, or corporation
until all previously required pemuts, inspections and Certificates of Occupancy have been issued
and all fees paid.
29.06.09Builder Application.
Builder Application
29.06.10 Exemptions from Fees.
$125.00 annual fee
The listed fees aze waived for all City of Carmel, Clay Township and CarmeUClay 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.
Ordinance No. Z-419-03 PASSED by the Common Council of the City of Carmel,
Indiana this day of , 2003, by a vote of ayes and
nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Luci Snyder, President Pro Tempore
Robert Battreall
Ronald E. Carter
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Kevin Kirby
John R. Koven
N. L. Rundle
Wayne Wilson
Ordinance Na.Z-419-03
p. 8
Ordinance No. Z-419-03 Presented by me to the Mayor of the City of Carmel, Indiana
this _ day of , 2003, at _.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Ordinance No. Z-419-03 Approved by me, Mayor of the City of Carmel, Indiana, this
day of , 2003, at _.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by: John R. Molitor
CarmeUClay Advisory Plan Commission Attorney
One Civic Square
Carmel, IN 46032
Ordinance No. Z-419-03
p. 9