(a) Each written application for a zoning permit, certificate of occupancy, zoning text amendment, change of zoning district, administrative appeal, conditional use permit, variance or special exception shall be accompanied by filing fees which are to be determined by resolution of Council. These filing fees shall be forwarded by the Code Enforcement Officer, Council and the Board of Zoning Appeals to the Director of Finance and these moneys shall be utilized to help cover the expenses of the Code Enforcement Officer, the Planning Commission and the Board of Zoning Appeals.
(Ord. 79-56. Passed 11-13-79.)
(b) Pursuant to subsection (a) hereof, the following fees are hereby established:
(1) Fees for zoning permits. A schedule of fees to be paid the City with the filing of applications for zoning permits required by Section 1268.04(b)(1) is hereby adopted pursuant to division (a) of this section. Up to 80% of a specified zoning permit fee may be credited against single-parcel development review fees listed in Section 1242.05(b)(3) of the Subdivision Regulations.
The words "building area," as used herein, mean the total horizontal area of each building and accessory building, including all stories or floors finished as usable area, basements, garages, carports, covered entrance platforms, covered porches, covered terraces, covered walks, elevated patios and covered steps. Measurements of building area shall be taken to the outside of the exterior walls or, as applicable, to the outside of carports, covered entrance platforms, covered porches, covered terraces, covered walks, elevated patios and covered steps.
A. For one-, two- and three-family dwellings and accessory structures greater than 200 square feet, to be newly erected, altered, reconstructed, enlarged or relocated, the fee for a zoning permit shall be the greater of thirty dollars ($30.00), or fifteen dollars ($15.00) per dwelling unit.
B. For four or more family dwellings to be newly erected, altered, reconstructed, enlarged or relocated, the fee for a zoning permit shall be twenty-five dollars ($25.00), plus four cents ($0.04) per square foot of (gross) building area.
C. For newly erected, altered, reconstructed, enlarged or relocated office, retail, commercial, office commercial, service and industrial uses or buildings, except at provided in paragraph (b)(1)D. hereof, the fee for a zoning permit shall be one hundred dollars ($100.00), plus four cents ($0.04) per square foot of (gross) building area, to a maximum total fee of fifteen hundred dollars ($1,500)
D. For newly erected, altered, reconstructed, enlarged or relocated automobile service stations, automobile sales (new and used), tire sales and services, and automobile service establishments, the fee for a zoning permit shall be one hundred dollars ($100.00), plus four cents ($0.04) per square foot of (gross) building area, to a maximum total fee of fifteen hundred dollars ($1,500).
E. For newly erected, altered, reconstructed, enlarged or relocated churches, schools, hospitals and other institutional uses, the fee for a zoning permit shall be one hundred dollars ($100.00), plus two cents ($0.02) per square foot of (gross) building area, to a maximum total fee of eight hundred dollars ($800.00).
F. For temporary sales the zoning permit fee shall be seventy-five dollars ($75.00) and for seasonal temporary sales, the zoning permit fee shall be fifty dollars ($50.00).
(2) Fees for certificates of occupancy. A schedule of fees to be paid to the City with the filing of applications for certificates of occupancy required by Section 1268.04(c) is hereby adopted pursuant to division (a) of this section. Fees specified for certificates of occupancy may be waived if (i) such certificate is not required by provisions in Section 1266.07 of the Zoning Code; (ii) a certificate of occupancy has been issued by Montgomery County and the property has been developed in strict accordance with a City-issued zoning permit.
A. The fee for one-, two- and three-family dwellings, for which a certificate of occupancy is needed prior to either sale or long-term lease, shall be the greater of either fifty dollars ($50.00) per principal structure, or twenty-five dollars ($25.00) per dwelling unit. For any subsequent inspection of a property which failed to meet zoning or property maintenance standards upon last inspection, the fee shall be the greater of twenty dollars ($20.00) per principal structure or twenty dollars ($20.00) per dwelling unit. For one-, two- and three-family dwellings and accessory structures greater than 200 square feet, the fee for a certificate of occupancy in conjunction with new or remodeled construction shall be the greater of twenty-five dollars ($25.00) per dwelling unit or ten dollars ($10.00) per structure.
B. The fee for four or more family dwellings, for which a certificate of occupancy is needed prior to either sale or long-term lease, shall be the greater of either one hundred dollars ($100.00) per principal structure or twenty-five dollars ($25.00) per dwelling unit. For four or more family dwellings, the fee for a certificate of occupancy in conjunction with new or remodeled construction shall be ten dollars ($10.00) per dwelling unit.
C. The fee for office, retail, commercial, office-commercial, service, industrial and institutional uses, for which a certificate of occupancy is needed prior to either sale or long-term lease, shall be one hundred dollars ($100.00). For office, retail, commercial, office commercial, service, industrial and institutional uses, the fee for a certificate of occupancy
and zoning compliance
in conjunction with new or remodeled construction shall be thirty dollars ($30.00).
(3) Fees for Zoning Code and Map amendments.A schedule of fees to be paid to the City with the filing of applications for amendment of this Zoning Code, in accordance with Section 1268.07 and pursuant to subsection (a) hereof, is hereby adopted as follows:
A. For applications for amendment of the text of this Zoning Code, the fee shall be two hundred fifty dollars ($250.00).
B. For applications for change of zone district boundaries, the fee shall be two hundred fifty dollars ($250.00).
(4) Fees for variances, conditional use permits and special exceptions. A schedule of fees to be paid to the City with the filing of applications for variances, conditional use permits and special exceptions, in accordance with Section 1268.05, is hereby adopted as follows:
A. For applications for variances, the fee shall be one hundred dollars ($100.00).
B. For applications for conditional use permits, the fee shall be one hundred dollars ($100.00).
C. For applications for special exceptions the fee shall be one hundred dollars ($100.00).
(5) Fees for administrative appeals. Every person filing a notice of appeal with the Administrative Board of Planning and Zoning Appeals, in accordance with Section 1268.05(e), shall deposit one hundred dollars ($100.00) with the City at the time such notice is given.
If the Board decides that there was error in the order, requirement, decision or determination of the Code Enforcement Officer, as specified in the notice of appeal, the Director shall return the aforementioned deposit to the appellant and no fee shall be charged for the appeal. If, however, the Board's decision is to uphold the order, requirement, decision or determination of the Code Enforcement Officer, the Director shall pay into the Treasury the aforementioned deposit as the fee for the filing of the notice of appeal by the appellant.
(6) Other fees. For consideration of minor development changes within any special zoning district listed under Chapter 1264, the fee shall be one hundred dollars ($100.00). For consideration of major changes within any special zoning district, the fee shall be two hundred dollars ($200.00).
(Res. 38-72. Passed 9-12-72; Ord. 83-1. Passed 1-11-83; Ord. 84-7. Passed 4-10-84; Res. 19-88. Passed 4-26-88; Ord. 91-19. Passed 11-26-91; Ord. 00-1. Passed 2-8-00; Ord. 01-16. Passed 6-26-01; Ord. 02-07. Passed 5-14-02; Ord. 05-5. Passed 3-8-05.)