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HomeMy WebLinkAbout2016-OR-88 BEFORE THE COMMON COUNCIL FOR CITY OF JEFFERSONVILLE STATE OF INDIANA ORDINANCE NO. 2016-OR- AN ORDINANCE AMENDING PORTIONS OF THE ZONING ORDINANCE (2000-OR-61) TO UPDATE THE OFFICIAL FEE SCHEDULE AND ADOPT A CERTIFICATE OF ZONING COMPLIANCE. WHEREAS, the Common Council for the City of Jeffersonville ("Council") is the legislative body for the City of Jeffersonville ("City"); and WHEREAS, the Common Council has the statutory authority to adopt ordinances to protect the health, safety, welfare, aesthetic appearance and orderly development of the community as set forth in Indiana Code subsection 36-1-3 (Article 1. General Provisions - Chapter 3. Home Rule); and WHEREAS, the Common Council has the statutory authority to adopt ordinances promoting the public health, safety, comfort, morals, convenience, and general welfare of the community as set forth in Indiana Code subsection 36-7-4-601(b) (Article 7. Planning and Development - Chapter 4. Local Planning and Zoning); and WHEREAS, the Director of Planning and Zoning has recommended such changes; and WHEREAS, the Jeffersonville Plan Commission held a public hearing on December 6, 2016 in accordance with I.C. 36-7-4-604, to review and make a recommendation to City Council for the establishment of such changes; and WHEREAS, the Jeffersonville 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; 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" (a copy of which is attached). Section 2. Official Fees Schedule. Amending the Schedule of Fees in Article 12, as shown in Exhibit "A" (a copy of which is attached). Section 3. Deposit of Fees. 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. 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 JEFF SONVILLE, INDIANA By: Ma w si'de nt ATTEST: Vicki Conlin, Clerk Presented by me as Clerk to the Mayor of City of Jeffersonville this a� day of IN-kp 4nm DLo a . 2016. Vicki Conlin, Clerk This Ordinance approved and signed by me this 0? day of 2016. i Mike Moore, Mayor 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 December 6, 2016; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to Favorably Recommend the proposed amendment to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on December 6, 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 6th day of December, 2016. Chairman NT Y STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: ZO-16-04 (Certificate of Zoning Compliance & Fees) Petitioner: City of Jeffersonville, Planning & Zoning Department Requests: Zoning Ordinance Amendment Hearing Date: December 6, 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 6 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 • Proposed Fee Comparison with surrounding area Page 2 of 6 ZO-16-04: Zoning Ordinance EXAMPLE CZC 4�Krc, NO. APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE ZONING DEPARTMENT City of Bridgeport, CT b RPORA�t Applicant: TDate: 20 i bru riEr ur tiriaY2 Urii`,- - __--- -----..-- -- Address of Work: _ Zone: On the side of the street about feet ruortn,South,East,West Norm,South,East,West from Block No. Lot No. Street CAM Area: 0 Yes 1 No ❑_ Wetlands: Yes ! No ❑_ Historical: F-jYes 1 NoF] Dimensions of Lot: Size of Proposed Addition or Building: No.of Stories: Other Proposed Use: Existing Use: Previous Use and Date Discontinued: Is Pre-Existing Right Claimed: �'es-FJ o Signature: Print Same: If signed by agent,state title(attorney,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-BuRtSurvey"is required for new building construction or with changes to an existing footprint in order to receive a Certificate of Zoning Compliance. EXPIRATION: The Applieatiott,br Certificate of Zoning Compliance approval shall expire 12 months from the date of approval uttless a building permit has been issued and construction has commenoed and is beim diligently pursued. Fee Received: _ Date: 20 By: Plan and Application C.A.M Approval Final Inspection PursueM to CGS-8-3f,the applicant may provide notice of this"Application rorCertilxate of, ng Comphance'in the newspaper naving substantial clrculebcn serving the muncpaiity of Bridgeport. Rev.601/13 Page 3 of 6 ZO-16-04: Zoning Ordinance Nathan Pruitt,Director of Planning&Zoning CITY OF JEFFERSONVILLE DEPARTMENT OF PLANNING & ZONING 500 QUARTERMASTER COURT, SUITE 200 JEFFERSONVILLE, IN 47130 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—Jefferson 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 $1,000 $275 < 0.5 acres $500 $275 0.5 to < 1 $1,000 1 to < 5 acres $1,500 Commercial/Industrial 5 or more $1,500 plus $100/acre Less than 2 acres $350 $275 2 to < 5 $350 plus $100/acre Residential 5 or more $500 plus $100/acre PC Development Plan $500 $275 PC Preliminary Subdivision $600 plus $50/lot $400 plus $10/lot Plan PC Final/Record Plat $200 $50 PC Minor Plat $250 $25 BZA Special Exception Use $300 $175 BZA Use Variance $175 Commercial $1,000 $175 Institutional $350 $175 BZA Variance- Development $175 Standards Commercial $500 $175 Institutional $350 $175 Multi-Family----$500 $175 Residential $250 $175 $1 per letter required for all applications requiring adjacent property owner notification. Page 5 of 6 ZO-16-04: Zoning Ordinance aoueuipio 6uiuoZ :170-96-OZ 9;o 9 abed -7 kn o — — — N— cJ— — — — — — —td— — — — N, O 15 Iz c cl rz q tA v) .6 5 V3 fA V3 vi o --——————- C5Iz, I'D Cl Ic lo Ic r- ol A 'A J N • _R :2 7, 7E a 2 .2 z c 7r, T E I t f 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 December 6, 2016; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to Favorably Recommend the proposed amendment to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on December 6, 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 6th day of December, 2016. Chairman DEPARTMENT OF LAW bT,r 0� Les Merkley, Corporation Counsel/Director of Legal Affairs * N 812-285-6493 office *moi W 812-285-6403 fax �,n J www.cityofjeff.net v �FRso Jeffersonville City Hall 500 Quartermaster Court,Suite 250 Jeffersonville,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF AN ORDINANCE AMENDING PORTIONS OF THE JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) TO UPDATE THE OFFICIAL FEE SCHEDULE AND ADOPT A CERTIFICATE OF ZONING COMPLAINCE (A COPY OF WHICH IS ATTACHED AS EXHIBIT "A") AS RECOMMENDED BY THE PLAN COMMISSION NOTICE OF HEARING ON AN ORDINANCE AMENDING PORTIONS OF THE JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) TO UPDATE THE OFFICIAL FEE SCHEDULE AND ADOPT A CERTIFICATE OF ZONING COMPLIANCE AS RECOMMENDED IN THE STAFF REPORT (A COPY OF WHICH IS ATTACHED AS EXHIBIT "A") AS RECOMMENDED BY PLAN COMMISSION Notice is hereby given that the Jeffersonville Department of Planning and Zoning has filed an Ordinances with the Jeffersonville City Council, Jeffersonville, Indiana asking for an ordinance amending portions of the Jeffersonville Zoning Ordinance (2000- OR-61)to update the official fee schedule and adopt a certificate of zoning compliance as recommended in the staff report (a copy of which is attached as exhibit "A") as recommended by the Plan Commission. A public hearing will be held on December 19, 2016 at 7:00 p.m. in the City Council Chambers, 1St floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. a Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer.