In this chapter words and terms have the meanings set forth in this section. Words and terms not specifically defined herein have the meanings set forth in chapter S81.03 of the City of Sunbury, Ohio, Zoning Ordinance, as amended:
(a) Applicant: any person who files an application with the City for a building permit to undertake new development within the City.
(b) Appropriation or to appropriate: an action by the City or City Fiscal Officer to identify specific public facilities for which development impact fee funds may be utilized. Appropriation shall include, but shall not necessarily be limited to: inclusion of a public facility in the adopted City budget, capital improvements plan, or comprehensive plan; execution of a contract or other legal encumbrance for construction or acquisition of a public facility using development impact fee funds in whole or in part; and/or the expenditure or transfer of development impact fee funds from a development impact fee account for the financing of public facilities that provides or will provide a proportionate benefit to new development.
(c) Attached Dwelling: a building with two or more dwelling units, including apartment houses, multi-family dwellings, and two-family dwellings.
(d) Building Permit: in the case of nonresidential development, a zoning certificate, and, in the case of residential development, a building permit, issued by the City.
(e) Business Park: a group of flex-type buildings served by a common roadway system. The tenant space includes a variety of uses with an average mix of 20-30% office/commercial and 70-80% industrial/warehousing.
(f) Capital Improvement Plan: a schedule of public facility improvements to be undertaken by the City as determined from time to time by the City Council or as set forth in the capital budget and/or the comprehensive plan.
(g) City: City of Sunbury, Ohio.
(h) City Council: The Council of the City of Sunbury, Ohio.
(i) City Fiscal Officer: the City Fiscal Officer for the City, or the Clerk- Treasurer for the City, or an authorized designee thereof.
(j) Codified Ordinances: the Codified Ordinances of Sunbury, Ohio, as amended from time to time.
(k) Comprehensive Plan: the Comprehensive Plan for the City of Sunbury.
(l) Credit: a reduction in the amount of a development impact fee due pursuant to this chapter that may be granted pursuant to an approved reimbursement and validly executed development agreement between the City and a previous applicant, which resulted in the provision of excess public facility capacity sufficient to offset the impacts of the proposed new development on public facilities.
(m) Detached Residential: one-family dwellings.
(n) Development Impact Fee or Impact Fee: a regulatory fee imposed on new development on a proportionate basis in connection with the issuance of a building permit and which is calculated to defray the particular cost impacts on the public facilities required to accommodate that new development at City-designated level of service (LOS) standards and which provides a specific and proportionate benefit to new development and is proportionate in amount to actual impact of new development on the public facilities to be offset with development impact fee funds.
(o) General Office: nonresidential uses that include, but are not limited to, professional services, insurance companies, investment brokers, and tenant services such as banking, restaurants, and service retail facilities.
(p) Development Impact Fee Service Area: the geographic area within which properties paying impact fees create demand for and receive a specific and proportionate benefit from payment and expenditure of such fees. Development impact fee services areas for each category of public facility shall be as designated in the methodology report, based on the findings and reasoning therein and adopted herein.
(q) GFA: Gross Floor Area.
(r) Industrial: a use devoted to the manufacture, warehousing, assembly, packaging, processing, fabrication, storage, or distribution of goods and materials whether new or used or the substantial refinishing, repair and/or rebuilding of vehicles or boats.
(s) Industrial Park: a tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and highway), circulation, parking, utility needs, aesthetics, and compatibility.
(t) Light Industrial: industrial uses that employ fewer than 500 persons and have an emphasis on activities other than manufacturing. Typical light industrial activities include, but are not limited to, printing plants, material-testing laboratories, and assembling of data processing equipment.
(u) Methodology Report: a report titled "Impact Fee Study: Prepared for City of Sunbury Ohio," prepared in support of this chapter, by TischlerBise, dated June 17, 2022, which sets forth the methodology and rational basis for the determination of the impact of new development on public facilities; the proper and proportionate amount of the impact fee to be assessed against new development; and the mechanisms for ensuring that a rational nexus exists between the fee amount and the impact of new development on public facilities and the specific and proportionate benefits that accrue to new development paying the impact fee.
(v) Municipal Facilities: public facilities, including municipal buildings; parking facilities; land acquisition; public works buildings and facilities; and municipal vehicles and equipment that provide municipal services capacity to new development.
(w) Municipal Facilities Development Impact Fee: a development impact fee imposed on new residential and nonresidential development to fund the proportionate share of the costs created by new development for municipal facilities.
(x) New Development: any construction, reconstruction, redevelopment, rehabilitation, structural alteration, structural enlargement, structural extension, or new use on a property within the City that requires a building permit after the effective date of this chapter, or section thereof, including any change in use of an existing building, structure, or lot that increases the demand for one (1) or more public facility; except as otherwise provided in Section 963.03.
(y) Non-Residential: any use or development that is not a residential use.
(z) Parks and Recreation Facilities: public facilities, including land acquisition, design and construction costs, parks and recreation buildings and maintenance structures, parking facilities, vehicles, and equipment that provide parks and recreation services capacity to new development.
(aa) Parks and Recreation Facilities Development Impact Fee: a development impact fee imposed on new residential development to fund the proportionate share of the costs created by new development for parks and recreation facilities,
(bb) Police Facilities: public facilities, including headquarters, land acquisition, auxiliary buildings, vehicles, and equipment that provide law enforcement services capacity to new development.
(cc) Police Facilities Development Impact Fee: a development impact fee imposed on new residential and non-residential development to fund the proportionate share of the costs created by new development for police facilities.
(dd) Public Facility: non-site-related, capacity-adding capital improvements, including buildings, equipment, and land, the demand for which is created by new development and the provision of which provides a specific and proportionate benefit to the property. Public facilities are nonrecurring and are treated as capitalized expenses according to generally accepted governmental accounting principles. Public facilities do not include costs associated with the operation, repair, or maintenance of public facilities.
(ee) Public Facility Expenditures: amounts appropriated in connection with the planning, design, engineering, and construction of public facilities; including planning, legal, appraisal, and other costs related to the acquisition of land, financing (including the issuance of bonds or other obligations of indebtedness used to pay for public facilities), and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to the provision of public facilities capacity.
(ff) Reimbursement: repayment of impact fees in an amount that fairly reflects the value of public facilities dedicated or constructed by an applicant.
(gg) Residential: any use or development that includes or results in the creation of a dwelling unit.
(hh) Road Facilities: public facilities, including land acquisition, design and construction costs, vehicles, and equipment that provide road and transportation services capacity to new development.
(ii) Road Facilities Development Impact Fee: a development impact fee imposed on new residential and nonresidential development to fund the proportionate share of the costs created by new development for road facilities.
(jj) Service Charge: a charge against each applicant paying a development impact fee, not to exceed two percent (2%) of the total development impact fee assessed against the proposed new development, used solely for costs incurred in the administration of this chapter.
(kk) Shopping Center: an integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. A shopping center provides on-site parking facilities sufficient to serve its own parking demands. Shopping centers may contain non-merchandizing facilities, such as office buildings, movie theaters, restaurants, post offices, banks, health clubs, and recreational facilities. In addition to the integrated unit of shops in one building or enclosed around a mall, many shopping centers include outparcels.
(ll) Warehousing: a use primarily devoted to the storage of materials.
(mm) Zoning Inspector: The Zoning Inspector for the City of Sunbury or the Zoning Inspector's designee.
(Ord. 2003-62. Passed 11-5-03; Ord. 2022-36. Passed 9-7-22.)