O-1338-6-95ORDINANCE NO. 1338-6-95
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
PREVIOUSLY AMENDED, BY AMENDING SECTION 5.04, FILING FEES
AND CHARGES; AMENDING ENVIRONMENTAL HEALTH ORDINANCE
NO. 834-1-84 BY AMENDING EXHIBIT 'A,' FEE SCHEDULE; AMENDING
SUBDIVISION REGULATIONS ORDINANCE NO. 12374-94 BY AMENDING
SECTION 1001, FILING FEES AND CHARGES; AND AMENDING CHAPTER
4, BUILDING AND BUILDING REGULATIONS, ARTICLE I, IN GENERAL,
SECTION 4-4, NEW BUILDING PERMIT FEES, OF THE ALIEN CODE OF
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE; AND
PROVIDING FOR PUBLICATION OF THE CAPTION AND AN CTIVE
DATE
the Director of Community Development has reviewed the current methodology of
charging fees for zoning changes and amendments as contained in Comprehensive Zoning Ordinance
No. 829-11-87, health permit fees as contained in Environmental Health Ordinance No. 834-1-84,
subdivision platting fees as contained in Subdivision Regulations Ordinance No. 12374-94, and building
permit fees as contained in Chapter 4, Building and Building Regulations, Article I, in General, Section
4-4, New Building Permit Fees, of the Allen Code of Ordinances; and,
WHEREAS, the Director of Community Development has recommended that those fees be amended;
and,
WHEREAS, the City Council of the City of Allen has reviewed the recommendations of the Director
of Community Development and concurs with the proposed fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this ordinance, Section 5.04, Filing Fees and
Charges, of Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, is hereby amended
to read as follows, to -wit:
"5.04 FILING FEES AND CHARGES - The following schedule of fees and charges shall be
paid to the City when any application, petition, or appeal is tendered to the Planning and
Zoning Commission or any other authorized board, agency, or official of the City. Each
of the fees and charges provided herein shall be paid in advance, and no action of the
Commission, Council, or any other board, agency, or official of the City shall be valid
until the fees and charges shall have been paid to the City.
Except as hereinbefore provided, these fees and charges shall be paid on all applications,
petitions and appeals, regardless of the action taken by the Commission or any other
board, agency, or official of the City, and whether the application, petition, or appeal is
approved or denied by the City Council. Such fees and charges shall not, however, be
charged or paid for on any amendment, change or other action initiated by the City.
All portions of an acre shall be considered a full acre when determining the cost for
filing.
1. Amendment or Change - For any application for amendment or change to this
Zoning Ordinance, including change in Zoning District Boundaries, change in
use, Planned Development, Specific Use Permit, removal or change in Flood
Plain Designation, or other amendment:
a. Residential - $500 plus $10 per acre
b. Commercial - $500 plus $10 per acre
C. Specific Use Permit - $350 plus $10 per acre
d. Specific Use Permit for any portion of a existing building - $250
e. Site Plan
Less than 1 acre - $300
1 acre or more - $300 plus $15 per acre
f. Planned Development - $500 plus $10 per acre
2. Board of Adjustment - For consideration of any appeal, exception, or variance
as authorized herein:
a. Appeal, exception, or variance by the Board of Adjustment requiring a
single decision - $100
b. Appeal, exception, or variance by the Board of Adjustment requiring
multiple actions or decision - $100 per single action, plus $10 per each
additional action.
3. BuildingP- Fees and charges for building permits shall be in accordance
with the Schedule of Fees and Charges otherwise adopted or in use by the City.
4. Temporary Use Permit - For such temporary uses as may be permitted or
granted by the Director of Community Development of the City - $25 per
permit or extension of permit."
SECTION 2: From and after the effective date of this ordinance, Exhibit "A," Fee Schedule, of
Ordinance No. 834-1-84 is hereby amended to read as follows, to -wit:
"FOOD SERVICE:
No Food Preparation/Convenience
$
50.00
Light Food Preparation
$
100.00
Heavy Food Preparation
$
200.00
Grocery
$
300.00
Temporary Food Facility (1-14 days)
$
50.00
Temporary Concession (15-180 days)
$
100.00
Mobile Food Service (catering, ice cream, snow cones, food
carts and itinerant)
$
100.00
Mobile Food Kitchens
$
150.00
DAY CARE CENTERS:
$ 150.00
PUBLIC/SEMI-PUBLIC SWIMAIING POOL: $ 100.00
Ordinance No. 1338-6-95 Page 2
PLAN REVIEW:
No Food Preparation
$
25.00
Light Food Preparation
$
50.00
Heavy Food Preparation
$
100.00
Grocery
$
200.00
Day Care Center
$
75.00
Public Swimming Pool
$
50.00
The following are definitions utilized by the Health Authority to classify food
establishments:
ESTABLISEMMI TS INVOLVED IN HEAVY FOOD PREPARATION: Heavy food
preparation shall mean any entity in which foods are prepared, utilizing a grill, griddle,
deep -fat fryer, commercial -type oven, and any similar food preparation equipment, or any
area subject to flooding or wet cleaning procedures due to the cutting or processing of
meat, poultry, fish or pork. Heavy food preparation includes, but is not limited to,
cafeterias, fast-food restaurants, full-service restaurants, pizza preparation, donut
preparation, meat and fish markets.
ESTABLISHMENTS INVOLVED IN LIGHT FOOD PREPARATION: Light food
preparation shall mean any entity in which foods are prepared without the use of fryers,
grills or other similar equipment. Light food preparation is usually limited to the
preparation of hot dogs, sandwiches, salads or other similar foods and fountain -type cold
drinks.
ESTABLISII1VIElV IS INVOLVED IN NO FOOD PREPARATION: No food
preparation shall mean any entity in which foods are provided prewrapped from an
approved source with microwave or convection -type ovens, self-contained frying devices
or hot dog units. No food preparation is usually limited to prepackaged sandwiches or
similar food."
SECTION 3: From and after the effective date of this ordinance, Section 1001, Filing Fees and
Charges, of Subdivision Regulations Ordinance No. 1237-4-94, is hereby amended to read as follows:
"Section 1001: Filing Fees and Charges
1001.1 The following schedule of fees and charges shall be paid to the City when
any preliminary plat or final plat or other filing is tendered to the
Planning and Zoning Commission or any other authorized board or
agency of the City. Each of the fees and charges provided herein shall
be paid in advance, and no action of the Commission or any other board
or agency of the City shall be valid until the fees and charges shall have
been paid to the City.
Except as hereinbefore provided, these fees and charges shall be charged
on all plats and filings, regardless of the action taken by the Commission
or any other board or agency of the City, and whether the plat or filing
is approved or denied by the Commission.
All plats submitted for filing with the county shall include an additional
fee to cover the costs for filing.
All portions of an acre shall be considered a full acre when determining
the cost for filing.
1001.1.1 Residential: For Single -Family Uses
Ordinance No. 1338-6-95 Page 3
Preliminary Plat - $250 plus $15 per lot
Final Plat - $350 plus $25 per lot
Residential: For Multi -Family Uses
Preliminary Plat - $250 plus $7.50 per unit
Final Plat - $350 plus $10 per unit
Combination Plat - $350 plus $17.50 per unit
1001.1.2 Mobile Homes: For Mobile Home Uses
Preliminary Plat - $250 plus $10 per space
Final Plat - $250 plus $20 per space
1001.1.3 Other Uses: For Commercial, Industrial, Institutional and Other Uses
not normally plated in lots
Preliminary Plat - $150 plus $15 per acre
Final Plat - $200 plus $25 per acre
Combination Plat - $300 plus $40 per acre
1001.1.4 Refiling: When a preliminary plat has been disapproved by the
Commission and the subdivider refiles a new design for all or a lesser
portion of the preliminary plat within thirty (30) days of such disapproval,
no new fee shall be charged for the refiling."
SEC ION 4: From and after the effective date of this ordinance, Section 4-4, "New Building Permit
Fees," of Chapter 4, "Building and Building Regulations," Article I, "In General," of the Allen Code of
Ordinances is hereby amended to read as follows, to -wit:
"Sec. 4-4. New Building Permit Fees.
(a) Generally. The following new schedule includes all fees for the building,
electrical, plumbing, mechanical and concrete to be done during the new construction
which is included on the plans submitted. Work done after the final inspection has been
made for said permit will require additional permits for repairs, alterations, additions or
finishing of shell buildings or other specific permits or miscellaneous permits.
(1) Single -Family Dwelling: Four hundred twenty-five dollars ($425.00) up
to three thousand (3,000) square feet of air-conditioned space plus ten cents
($0.10) each additional square foot of air-conditioned space.
(2) Duplex: Four hundred fifty dollars ($450.00).
(3) Townhouse: Two hundred twenty-five dollars ($225.00) for each
townhouse dwelling unit; minimum fee five hundred dollars ($500.00).
(4) Apartments, multi -family: One hundred dollars ($100.00) each dwelling
unit; minimum fee six hundred fifty dollars ($650.00).
(5) Shell buildings: Minimum fee six hundred dollars ($600.00).
Total sq. ,1i Permit Fee
0--10,000 $0.12 per sq. ft
10,001--100,000 $1,200 for the first 10,000 sq. ft
Ordinance No. 1338-6-95 page 4
+ $0.08 for each additional sq. ft.
100,001 --and over $8,400 for the first 100,000 sq. ft.
+ $0.05 for each additional sq. ft.
�6) Completion of shell buildings: Minimum fee three hundred dollars
$300.00).
Total sq. f i Permit Fee
0--25,000 $0.05 per sq. ft.
25,001--50,000 $1,250 for the first 25,000 sq. ft.
+ $0.03 for each additional sq. ft.
50,001 --and over $2,000 for the first 50,000 sq. ft.
+ $0.015 for each additional sq. ft.
(7) Finished commercial building: Minimum fee four hundred fifty dollars
($450.00).
Total sq. ft. Permit Fee
0--10,000 $0.016 per sq. ft.
10,001--50,000 $1,600 for the first 10,000 sq. ft.
+ $0.10 for each additional sq. ft.
50,001 --and over $5,600 for the first 50,000 sq. ft.
+ $0.075 for each additional sq. ft.
(8) Additions, alterations, repairs, fire damage: Minimum fee twenty-five
dollars ($25.00); ten dollars ($10.00) per thousand dollars ($1,000.00) or
fraction thereof based on actual total market value.
(b) Single fee items. The permit fee for single -fee items shall be as follows:
(1) Fence .........................................$ 20.00
(2) In -ground swimming pool .......................... 125.00
Above -ground pool ............................... 50.00
(3) Re -roofing (repairs or replacements exceeding 1 square of
roofing) ....................................... 25.00
(4) Moving permit .................................. 50.00
(5) Demolition permit ............................... 50.00
(6) Temporary building permit ......................... 50.00
(7) Detached accessory storage building
a. 120 sq. ft. or less ......................... 25.00
b. In excess of 120 sq. ft ......................... 50.00
(8) Spa permit ..................................... 50.00
Ordinance No. 1338-6-95 page 5
(9) Sprinkler permit ................................. 25.00
(10) Underground gasoline storage tanks .................. 150.00
(11) Canopies (commercial) ............................ 50.00
(12) Reinspection fees:
a. Residential, each ............................ 25.00
b. Commercial, each ........................... 35.00
(13) Duplicate permit ................................. 3.00
(14) Certificate of Occupancy ........................... 25.00"
SECTION 5: All ordinances of the City of Allen in conflict with the provisions of this ordinance be,
and the same are hereby repealed; provided, however, that all other provisions of said ordinances not
in conflict herewith shall remain in full force and effect.
SECTION 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 7: Any persons, parties in interest, or corporation who shall violate any of the provisions
of this ordinance or fail to comply therewith, or with any of the other requirements thereof, shall be
subject to prosecution, and upon conviction, shall be punished by a fine of not more than Two Thousand
Dollars ($2,000.00), and each and every day that such violation shall be permitted to exist or continue
shall constitute a separate offense. In the event a corporation is a violator of any of the provisions of
this ordinance, each officer, agent and employee of such corporation who is responsible for or
contributes to such violation in any manner shall be individually and severally liable for the penalties
herein prescribed. Where any person is acting solely as an agent for the partnership in ownership, no
penalties under this section shall be assessed against such agent as such.
SECTION 8: This ordinance shall take effect immediately from and after its passage and publication
in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON
THE 1ST DAY OF JUNE ,1995.
APPROVED:
�s e3 �jGG�
Joe Farmer, MAYOR
, I
APPROVED AS TO FORM: ATTEST:
A. Don Crowder, CITY ATTORNEY 4#dy Mo 'son, CMC, CITY SECRETARY
Ordinance No. 1338-6-95 Page 6
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance 1338-6-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
June 7 & June 10, 1995
and which was issued on
June 7. 1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AN WORN to before me this
day , A.D. 19
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 4 `Z n
-Uq4, V. A. TODD
MY COMMISSION EMPIRES
December 5, 1996
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
I Council adopted the following ordinance at
itheir regular meeting held on Thursday, i
June 1, 1995 (Title and Penalty Clause
only):
Ordinance No.1338-6-95: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 829-11-87, as Previously
Amended, by Amending Section 5.04, Fil-
ing Fees and Charges; Amending Environ-
mental Health Ordinance No.834-1-84 by
Amending Exhibit "A" Fee Schedule;
Amending Subdivision Regulations Ordi-
nance No.1237-4-94, by Amending Sec-
tion 1001 Filing Fees and Charges; and
Amending Chapter 4, Building and Build-
ing Regualtidns, Article I, in General, Sec-
tion 4-4, New Building Permit Fees, of the
City of Allen Code of Ordinances; Provid-
ing for Severability Clause; Providing fora
Penalty for Violation of this Ordinance; and
Providing for Publication of the Caption
and an Effective Date.
That any person, parties in interest or cor-
poration who shall violate any of the provi-
sions of this ordinance or fail to comply
therewith, or with any of the other require-
ments thereof, shall be subject to prosecu-
tion, and upon conviction, shall be pun-
ished by a fine of not more than Two Thou-
sand Dollars ($2,000) and each and every
day that such violation shall be permitted to
exist or continue a separate offense.
A copy of this ordinance may be read or
purchased in the Officce of the City Secret-
ary, City of Allen, -One Butler Circle, Allen,
Texas y 002-2773.
Morrison
/s/ Judy Morrison
City Secretary
51
CITY OF ALLEN
PUBLIC NOTICE
FNotice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
June 1, 1995 (Title and Penalty Clause
only):
Ordinance No. 1338-6-95: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Comprehensive• oning Ordi-
nance No. 829-11-87, as' -Previously
Amended, by Amending Sedtion 5.04, Fil-
ing Fees and Charges; Amending Environ-
mental Health Ordinance No.834-1-84 by
Amending Exhibit "A" Fee Schedule;
Amending Subdivision Regulations Ordi-
nance No.1237-4-94, by Amending Sec-
tion 1001 Filing Fees and Charges; and
Amending Chapter 4, Building and Build-
ing Regualtions, Article I, in General, Sec-
tion 4-4, New Building Permit Fees, of the
City of Allen Code of Ordinances; Provid-
ing for Severability Clause; Providing for a
Penalty for Violation of this Ordinance; and
Providing for Publication of the Caption
and an Effective Date.
That any person, parties in interest or cor-
poration who shall violate any of the provi-
sions of this ordinance or fail to comply
therewith, or with any of the other require-
ments thereof, shall be subject to prosecu-
tion, and upon conviction, shall be pun-
ished by a fine of not more than Two Thou-
sand Dollars ($2,000) and each and every
day that such violation shall be permitted to
exist or continue a separate offense.
A copy of this ordinance may be read or
purchased in the Officce of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002-2773.
/s/ Judy Morrison
City Secretary