HomeMy WebLinkAboutOrdinance 2000-21
ORDINANCE NO. 2000-21
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO FIRE IMPACT FEES; AMENDING
SECTION 87-30 OF ARTICLE III OF CHAPTER 87 OF
THE CODE OF ORDINANCES OF THE CITY OF OCOEE
WITH RESPECT TO DISTRICTS ESTABLISHED AND
FEE SCHEDULE; ABOLISHING THE DISTRICTS
ESTABLISHED AND REVISING THE FIRE IMPACT FEE
SCHEDULE FOR THE PURPOSE OF DETERMINING
APPLICABLE FIRE IMPACT FEES; PROVIDING FOR
THE TRANSITION OF THE PREVIOUSLY COLLECTED
DISTRICT TO DISTRICT FEES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee is divided into four (4) districts for fire impact fee
purposes with a different fire impact fee being charged for structures located in each of the
four (4) districts; and
WHEREAS, the City Commission of the City of Ocoee desires to abolish the different
districts as they pertain to fire impact fees and make the fire impact fees uniform throughout
the City; and
WHEREAS, the City has conducted a fire impact fee calculation study dated June 2000
and according to this study has made a determination as to the necessary uniform fire impact
fees for both residential and nonresidential construction.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
006.182961.3
SECTION 1. Authority. The City Commission of Ocoee has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. Amendment to Section 87-30. Section 87-30 of Article III of Chapter
87 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as
follows (with deletions stricken and additions underlined):
~ 87-30. Distriets established; fee Fee schedule.
/..... The City af Oeaee shall be diyided inta foar (4) distriets, as m.ore
particularly set forth iR E)(hibit ,Ai., the Fire Distriet boaHdary m.ap attached
hereta aHd iRcolflorated herdR by rerereace.
&:- A. The following fire impact fees are hereby assessed by the
city and shall be collected by the city prior to issuance of a building permit or
any other development permit for the construction of any structure to be used
for a residential or nonresidential dwelling iR each district:
(1) District 1:
tat ill Residential: five aad three tenths eents
($0.053) eighteen and two tenths cents
($0.182) per square foot.
W ill Nonresidential: tHirty aae and five
tenths cents ($0.315) twenty-eight and four
tenths cents ($0.284) per square foot.
(2) Distriet 2:
(a) Residemial: RiRe aad two teflths eeRts
($0.092) per sqMare faat.
(b) N onresidefltial: RiRe aM seveR teflths eeflts
($0.097) per sqaare faat.
(3) District 3:
(a)
Residemial: tV/enty two aRd five tenths
cents ($0.225) per sqaare foot.
Nonresidemial: thirty Riae aad zero tenths
cents ($0.390) per sqaare foot.
(b)
006.182961.3
-2-
( 4) District 4:
(a) Residential: thirty t':/a aad eight tenths
ceats ($0.328) per square root.
(b) Nonresidential: thirty three aHd three teRths
ceflts ($0.333) per sElHare root.
G-:- B. The fees imposed for residential and nonresidential
construction are a result of the City's fee calculation study which was designed
to ensure that the impact fees imposed are rationally related to the benefit
received by the applicant.
.Q.;. C. In the event that an applicant believes the impact of the
construction will be less than that set forth above, the applicant may, at his
option, submit evidence to the City Commission in support of an alternative
assessment. Based upon convincing and competent evidence, the City
Commission may adjust the impact fee as appropriate for the particular
property.
SECTION 3. Previously Collected Fees. All funds currently held by the City based
on the separate district fee schedule shall be reallocated to the city wide fire impact fee based
upon the reevaluation of fire service needs contained within the updated fire impact fee
calculation study.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Codification. It is the intention of the City Commission of the City that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions; and regardless of whether such
006.182961.3
-3-
inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or
relettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 6. Effective Date.
This Ordinance shall become effective on
August 1, 2000.
PASSED AND ADOPTED this ~ day of Su L l
,2000.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY iliis JJ day of ~, 2000.
FOLEY &U
By: . ~ S IlAdt)
City Attorney
ADVERTISED ~\~8 ,2000
READ FIRST TIME unE: X>, 2000
READ SECOND TIME AND ADOPTED
SU L'I \Eb ,2000
UNDER AGENDA ITEM NO. Vi A
006.182961.3
-4-