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HomeMy WebLinkAbout2016-OR-70 REMOVED FROM AGENDA 1-21-16 UNFINI ED SINESS 016- An Ordinan e A endi Portions of the Zoning Ordinance (20 -OR 1) abled 10-16-16, Tabled 11-7-16) BEFORE THE COMMON COUNCIL FOR CITY OF JEFFERSONVILLE STATE OF INDIANA ORDINANCE NO. 201 GR- AN ORDINANCE AMENDING PORTIONS OF HE ZONIN ORDINANCE (2000-OR-61). WHEREAS, the Common Council for the Ci of effers ville ("Cou ") is the legislative body for the City of Jeffersonville ("City"); nd WHEREAS, the Common Council ha th st t t ry authority o adopt ordinances to protect the alth, safety, welfare, aesthetic a e a e and orde y development of the comm)dhity as set h in Indiana Code su ct n 6-1-3 (Article 1. General Provisions - Chap r 3. Home Rule - and EREAS, the C mon n a e statutory authority to adopt ordinances promoti g e public health safety, fo , morals, co venience, and general welfare of the comm un a set forth in I than Co ubsection 3 -7-4-601(b) (Article 7. Planning and Developm nt Chapter 4. ocal nn ng and Zoni ); and WHER a Director o I ning an Zoning has recommended such changes; and WHEREAS, a anges ar more c nsistent with the City's Comprehensive Plan; and WHEREAS, the effersonville PI Commission held a public hearing on November 1, 2016 in accordance with . . 36-7-4-60 , to review and make a recommendation to City Council for the establishment of su change , and WHEREAS, the Jeffersonvi le Plan Commission by a majority vote of its entire membership finds that the proposed changes should be made and that the proposed changed are in the interest of the public health, safety, comfort, convenience, and general welfare of the community; 1 NOW, THEREFORE, BE IT ORDAINED by the Common Council that the following amendments be made to the Zoning Ordinance: Section 1. Certificate of Zoning Compliance. Amending Article 12: Process, to require an application for certificate of zoning compliance as shown in Exhibit "A". Section 2. Official Fees Schedule. Amending the Schedule of Fees in Article 12, as shown in Exhibit "A" (a copy of which is attached). This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. SO ORDAINED this day of 2016. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA By: Matt Owen, President ATTEST: Vicki Conlin, Clerk Presented by me as Clerk to the Mayor of City of Jeffersonville this day of , 2016. Vicki Conlin, Clerk This Ordinance approved and signed by me this day of , 2016. Mike Moore, Mayor 2 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the Jeffersonville Zoning Ordinance (2000-OR-61) to amend Article 12, to require an application for a certificate of zoning compliance (CZC), and establishing a new schedule of fees as recommended in the staff report (a copy of which is attached as Exhibit "A"); The CZC fees collected shall be deposited into the Planning and Place-Making Non-reverting Fund; Ninety per cent of all fees collected from the official fee schedule in Section 12.4 shall be deposited into the City's General Fund; Ten per cent of all fees collected from the official fee schedule in Section 12.4 shall be deposited into the Planning and Place- Making Non-reverting Fund; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on November 1, 2016; and, Whereas, at the conclusion of the hearing the Jeffersonv9�iA"_xlthe Plan ommission voted by a majority vote of its entire membership to�I/� f proposed amendment to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on November 1, the Jeffersonville Plan Commission favorably recommends that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Zoning Ordinance Amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 1't day of November, 2016. Chairman EXHIBIT "A" STAFF REPORT ; Department of Planning & Zoning — Plan Commission �FRsoNJ` Case Number: ZO-16-04 (Certificate of Zoning Compliance & Fees) Petitioner: City of Jeffersonville, Planning & Zoning Department Requests: Zoning Ordinance Amendment Hearing Date: November 1, 2016 Proposed Change to the Zoning Ordinance The Plan Commission staff recommends an amendment to the Jeffersonville Zoning Ordinance (2000-OR-61) for recommendation to the City Council. The proposed amendment would: • Amend process in Article Twelve o Add Section 12.5. Requiring an Application for Certificate of Zoning Compliance (CZC) for all new businesses/uses in the City. o Required $50 fee. o Permit is doubled to $100 if business opens without an approved CZC Adopting Language 12.5 Certificate of Zoning Compliance The following procedures apply to a Certificate of Zoning Compliance Application. a. It shall hereby be declared unlawful and in violation of the provisions of this ordinance for any builder or property owner to allow for the use of land, buildings and structures prior to the issuance of a Certificate of Zoning Compliance. b. A detailed plot plan must be submitted with this application showing the proposed or existing lot and building dimensions and the location of all buildings in relation to the street line, side lot lines and rear lot line. c. Fees, payable at the time of making application, are not refundable and are in an amount established by the City Council. Page 1 of 5 ZO-16-04: Zoning Ordinance • Amend process in Article Twelve 0 12.4 Schedule of Fees: Define new fees associated with applications. These have not been updated since 2001 and are out of step with the market. o The Fees Schedule may be amended by a recommendation submitted to the City Council by the Plan Commission followed by the City Council approving said amendments by resolution. Attachments • Example CZC • Proposed Fee Schedule Page 2 of 5 ZO-16-04: Zoning Ordinance EXAMPLE CZC NO. APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE ` ZONING DEPARTMENT r City of Bridgeport, CT yb yC0AA0AAlf.01e'a Applicant: Date: 20 owner or ena y Address of Work: Zone: On the side of the street about -- feet North,South,East,West North,South,East,West from Block No. Lot No. Street CAM Area: —❑Yes / No n_ Wetlands: []Yes / No ❑ Historical: ❑Yes / NoEj Dimensions of Lot: Size of Proposed Addition or Building: No.of Stories: Other Work: Proposed Use: Existing Use: Previous Use and Date Discontinued: Is Pre-Existing Right Claimed: e�s-No Signature: Print Same: If signed by agent.state title(attomey,builder,etc..) Mailing Address: Phone No.: ( ) INSTRUCTIONS Fill Out This Application In Ink or Type A detailed plot plan must be submitted with this application showing the proposed or existing lot and building dimensions and the location of all buildings in relation to the street line,side lot lines and rear lot line. NOTE. The occupancy and use of land,buildings and structures prior to the issuance of a Certificate of Zoning Compliance is prohibited. This is not the said certificate„ Fees,payable at the time of making application,are not refundable and are in an amount established by the City Council. *As of January 1,2010 Per Section 14-1-10 of the City's Zoning Regulations,an`As-Btt$tSurvep"is rcpxrred for new building construction or with changes to an existing footprint in order to receive a Certificate of Zoning Compliance. EXPIRATION: -rhe Application jbr Certbleate of Zoning Compliance approval shall expire 12 months from the date of approval unless a building permit has been issuers and construction has commenced and is being diligently pursued. Fee Received: Date: 20 Bp: Plan and Application C.A.M Approval Final Inspection Pursued to CGS-83f,the agok'cant may provide notice of this'Appkcation for certiticate of Zoning Compliance'in the newspaper having substantial circuWien serving the murrcipakty of Bndgepar Rey &11/13 Page 3 of 5 ZO-16-04: Zoning Ordinance Nathan Pruitt,Director of Planning&Zoning G\T Y p,c /�• _�•+ CITY OF JEFFERSONVILLE w N' DEPARTMENT OF PLANNING&ZONING 500 QUARTERMASTER COURT, SUITE 200 JEFFERSONVILLE, IN 47130 RSp PHONE: (812) 285-6413 Mike Moore,Mayor WEBSITE:www.citvofieff.net APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE Applicant Name of Applicant: Applicants Address: Phone: ( ) Cell: { ) Email: Property Address of Business: Current building owner: Use Previous use in building: Date discontinued: Name of last business in building: Name of proposed business: Type of proposed business: Description of business activities on the property: Will this business serve the public products or services? —Yes—No I do hereby certify that the above information is true and correct to the best of my knowledge: Applicant Signature: Date: Office Use Only Current Zoning: The proposed business meets the qualifications for the zoning of the property: _Yes _No _Special Exception or Variance—Requires Board of Zoning Appeals approval EXAMPLE Form CZC—Jeffersonville Proposed Schedule of Fees NEW EXISTING P&Z Cert.of Zoning $50 (double if activity has begun Compliance(CZC) before approval) na PC Rezoning $275 PUD $1000 na < 0.5 acres $500 na 0.5 to< 1 $1,000 1 to < 5 acres $1,500 Commercial/Industrial 5 or more $2,000 plus $100/acre Less than 2 acres $350 na 2 to < 5 $500 Residential 5 or more $1,000 plus $100/acre PC Development Plan $500 $275 PC Preliminary Subdivision $600 plus$10/lot $400 plus $10/lot Plan PC Final/Record Plat $350 $50 PC Minor Plat $250 $25 BZA Special Exception Use $500 $175 BZA Use Variance $175 Commercial $1,000 na Institutional $350 na BZA Variance-Development $175 Standards Commercial $500 na Institutional $350 na Multi-Family $500 na Residential $350 na $1 per letter required for all applications requiring adjacent property owner notification. 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