Ordinance 2025-4718 Historic Preservation Board Fee Waiver for Single Family Home Applications
ORDINANCENO. Z025-4718
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "MIAMI BEACH
RESILIENCY CODE," BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE II,
ENTITLED "GENERAL DEVELOPMENT APPLICATION AND
HEARING PROCEDURES," SECTION 2.2.3, ENTITLED
"DEVELOPMENT APPLICATION SUBMISSION AND REVIEW," BY
AMENDING SECTION 2.2.3.5, ENTITLED "FEES FOR THE
ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS," TO
PROVIDE A FEE WAIVER FOR CERTIFICATE OF
APPROPRIATENESS APPLICATIONS IN SINGLE SAMILY ZONING
DISTRICTS; AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the renovation, expansion and restoration of single famity homes located in
historic districts is a vital quality of life component for the health, welfare, and prosperity of Miami
Beach residents; and
WHEREAS, development costs create financial challenges for improving single family
homes in historic districts; and
WHEREAS, the City of Miami Beach ("City") recognizes that incentives are necessary to
foster renovation, expansion and restoretion of single family homes located in historic districts;
and
WHEREAS, the City has the authority to enact laws which promote the public health,
safety, general welfare, and morals of its citizens; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SEC710N 1. Chapter 2 of the Miami Beach Resiliency Code, entitletl "Administration and Review
Procedures," Article II, entitled "General Development Application and Hearing Procedures," is
hereby amended as follows:
CHAPTER 2
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE II General Development Application and Hearing Procedures
2.2.3 DEVELOPMENT APPLICATION SUBMISSION AND REVIEW
2.2.3.5 Fees for the administration of land development regulations
h. Certificate of appropriateness. Any applicant requesting a public hearing on any
application pursuant to artide XIII, shall pay, upon submission, the applicable fees below:
1. Application for a preliminary evaluation of a project before the board.
2. Application for public hearing.
3. Application for certifcate of appropriateness fee per square foot of floor area.
4. Application for amendment of an approved board order.
5. Withdrawals and continuances. If an applicant withdraws or requests a continuance
of an application prior to the date of the public hearing a fee to defray the costs of
scheduling the new public hearing shall be assessed. Payment of a mail notice fee
to notify ihe property owners of the cancellation of the original public hearing and
eslablishment of the revised hearing date may be required.
6. Deferral of public hearing. If the applicant requesis a deferral of a public hearing, a
fee equal to the total application fee shall be assessed. Payment of a mail notice fee
to notiry the property owners of the deferral of the original public hearing and
establishment of the revised hearing date shall be required. If deferment or
clarification of conditions is requested by the administration or the board, there will
be no additional fee.
7. Application for clarification of an approved board order.
S. Application for extensions of time of an approved board order.
9. Application for after-the-fact approval shall incur triple fees, excluding
advertisemenf, mail, and posting fees as applicable.
10. Structural engineering reports or reviews as required.
11. Status reports.
12. Progressreports.
13. Notwithstanding the foregoing, the application fee for a public hearing and
application fee for a certificate of appropriateness per square foo[of floor area shall
be waived for non-elderly and elderly low and moderate income or workforce
housing developments.
14. Notwithstandinq the foreqoinq the application fee for a public hearino and
application fee for a certificate of aooropriateness per sauare foot of floor area shall
be waived for apolications located within residential sinale familv (RS) zonina
districts.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are
hereby repealed.
2
SECTION 3.CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of this
Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended;
ihat the sections of this Ordinance may be re-numbered or re-lettered to acwmplish such
intentlon; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED ihis �3 day of /t �� I , 2025.
�� '"`"`�--
teven Meiner, Mayor
ATTEST: ,/ APPROVED AS TO FORM AND
jOl� APR 2 9 2025 LANGUAGE AND FOR EXECUTION
Rafae'I E. G�nado, City Clerk _�_ 3��a�ZOZ�
City Attorney ' \k Date
N
�pM!B.�9C�'
First Reading: March 19, 2025 -�! ��
Second Reading: April 23, 2025 3 �
I ' / q 'IM(UAP OAAIED ;
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I hn "�9�*....� .+A�-:
Verified By: V !i �.�H�2,r,�.''
Thomas R. Mooney, AICP
Planning Director
Sponsored by Commissioner Knsten Rosen Gonzalez
Co-Sponsored by Commissioner Joseph Magazine
Co-Sponsored by Commissioner Alex J.Fernandez
T'.Wgentla�2025\o3 March�9.2025\Plannin9\HPB Fee waiver for SF Home Applications-First Reatling oRD.tlocx
3
RS J HISTORIC PRESERVATION BOARD FEE WAIVER FOR SINGLE FAMILY HOME
APPLICATIONS
AN ORDINANCE OF THE MAVOR AND CIN COMMISSION OF THE CIN OF
MIAMI BEACH, FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED "MIAMI BEACH RESILIENCY CODE," BY
AMENDING CHAPTER 2. ENTITLED 'ADMINISTR4TION AND REVIEW
PROCEDURES,'ARTICLEII, ENTITLED "GENERALDEVELOPMENT
APPLICATION AND HEARING PROCEDURES,' SECTION 22.3, ENTITLED
"DEVELOPMENT APPLICATION SUBMISSION AND REVIEW;' BY AMENDING
SECTION 2.2.3.5, ENTITLED "FEES FOR THE ADMINISTR4TION OF LAND
DEVELOPMENT REGULATIONS,"TO PROVIDEA FEE WAIVER FOR
CERTIFICATE OF APPROPRIATENESS APPLICATIONS IN SINGLE FAMILY
ZONING DISTRICTS:AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILIN, AND AN EFFECTIVE DATE.
Applicable Area:
1975
Ordinances - RS J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: April 23, 2025 9:45 a.m. Second Reading Public Hearing
TITLE: HISTORIC PRESERVATION BOARD FEE WAIVER FOR SINGLE FAMILY HOME
APPLICATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CIN OF MIAMI
BEACH, SUBPART 8, ENTITLED "MIAMI BEACH RESILIENCY CODE," BY
AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE II, ENTITLED "GENERAL DEVELOPMENT
APPLICATION AND HEARWG PROCEDURES," SECTION 22.3, ENTITLED
'DEVELOPMENT APPLICATION SUBMISSION AND REVIEW," BV AMENDING
SECTION 22.3.5, ENTITLED "FEES FOR THE ADMINISTRATION OF LAND
DEVELOPMENT REGULATIONS," TO PROVIDE A FEE WAIVER FOR
CERTIFICATE OF APPROPRIATENESS APPLICATIONS IN SINGLE FAMILY
ZONING DISTRICTS; AND PROVIDING FOR REPEALER, CODIFlCATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends ihat the Mayor and City Commission (Ciry Commission) adopl
�he ordinance.
BACKGROUND/HISTORY
On October 30, 2024, at ihe request of Commissioner Kristen Rosen Gonzalez, Ihe Ciry
Commission referred a discussion item (C4 E), pertaining to Ihe waiver of Historic Preservation
Board (HPB) application fees for single family homes �o the Land Use and Sustainabiliry
Committee (WSC). On November 25, 2024, �he WSC discussed ihe proposal and
recommended thal Ihe Ciry Commission refer an ordinance amendment to the Planning Board in
accordance with [he recommendation in the LUSC memorandum.
On February 3, 2025, at the reques[ of Commissioner Kristen Rosen Gonzalez, Ihe City
Commission referred the attached ordinance to the Planning Board (C4 Q).
ANALYSIS
The attached drak ordinance amends the Land Development Regulations of the City Code(LDRs)
to waive HPB application fees�or single-family homes within local historic districis or individually
designated historic sites. The fiscal impact of the proposal is expected to be nominal, as there
have been less than fve appliwtions requiring HPB approval in ihe last 2 years.
Further, applicants would still 6e responsible for paying the fess associated forihe required public
notice, including mail notice, site posting, and published notice. As Ihe number of applications to
the HPB involving single family homes has been limited, the Administration is supportive of the
proposed ordinance.
1976
PLANNING BOARD REVIEW
On March 4, 2025, ihe Planning Board held a public hearing and [ransmitted the proposed
ordinance to the Ciry Commission with a fawra6le recommendation (7-0).
UPDATE
The subject ordinance was approved at First Reading on March 19, 2025, with no changes.
FISCAL IMPACT STATEMENT
The (iscal impact of lhe proposal is ezpected to be nominal, as there have been less lhan (ive
applica�ions requiring HPB approval in the las� 2 years. Further, applicants would still be
responsible for paying the fees associated with the required public notice, induding mail notice,
sile posting, and published notice.
Does this Ordinance require a Business Imuact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 3I2412025
See BIE at https:llwww.miamibeachfl.qovlcity-halllcitv-clerklmeetinq-noticesl
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The AdminisVation recommends that Ihe City Commission adopt[he ordinance.
Aoolicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. eond
oursuant to Citv Code Section 2-177 Proiect?
Yes No
Was this Apenda Item initiallv reouestetl bV a lobbvist which, as defined in Code Sec. 2-481,
includes a orincipal enqaqed in lobbvin4? No
If so, specify the name of lobbyist(s)and principal(s):
Department
Planning
Soonsor(sl
Commissioner Kristen Rosen Gonzalez
Co-soonsor(sl
1977
Condensed Title
9A5 a.m. 2nd Rdg, HPB Fee Waiver for Single Family Home Applications. (KRG) PL 5/7
Previous Action (For Citv Clerk Use Onlvl
First Reading Public Hearing on 3/19/2025- R5 E
1978
