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Home My WebLink AboutO-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