2017-4130 OrdinanceLAND DEVELOPMENT AND PERMITTING FEES — RENEWABLE ENERGY
ORDINANCE NO. 2017 -4130
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 118 -7 "FEES
FOR THE ADMINISTRATION OF LAND DEVELOPMENT
REGULATIONS," AND "APPENDIX A — FEE SCHEDULE" TO WAIVE
FEES CHARGED RELATED TO LAND USE BOARD APPROVAL OF
SUSTAINABLE ROOFING SYSTEMS AND RENEWALBE ENERGY
SYSTEMS; BY AMENDING CHAPTER 114, "GENERAL PROVISIONS,"
BY AMENDING SECTION 114 -1, "DEFINITIONS," TO PROVDE A
DEFINITION FOR "RENWABLE ENERGY SYSTEMS;" PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City Code of Ordinances contains fees for development review,
permitting, and other services to cover the costs of implementing the regulations contained
therein; and
WHEREAS, the City of Miami Beach recognizes sea level rise and it responsibility to the
citizens to adapt to meet those needs; and
WHEREAS, the City of Miami Beach understands how important it is to build resilient
buildings that will be able to survive sea level rise; and
WHEREAS, to mitigate the impacts of climate change the City must allow for the
residents and buildings to reduce their vulnerability; and
WHEREAS, the City Commission and the Administration understand that to combat the
harmful effects of climate change, local municipalities are the front line of adaptation and must if
there is no example to follow; and
WHEREAS, it is in the best interest of the City to promote the economic environmental
health in the City through sustainable and environmentally friendly design and construction
which reduces demand for energy and reduces greenhouse gas emissions; and
WHEREAS, according to the City's 2015 Greenhouse Gas Emissions (GHG) Inventory,
electricity accounted for almost 70 percent of the City's core GHG emissions and gas and diesel
accounted for 18 percent, which are main drivers of climate change; and
WHEREAS, studies have indicated that green buildings have lower maintenance costs
associated with low energy consumption, which will improve the City's long -term economic well-
being; and
Page 1 of 5
WHEREAS, it is in the interest of the health, safety and welfare of the residents of the
City to ensure sustainable construction and to ensure that the City safeguard natural resources
and ensure that efficient buildings are constructed; and
WHEREAS, the City seeks to incentivize the use of renewable energy systems on
existing buildings; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 114, of the City of Miami Beach Land Development Regulations, entitled
"General Provisions," Section 114 -11, "Definitions," of the Land Development Regulations, is
hereby amended to read as follows;
CHAPTER 114
GENERAL PROVISIONS
Sec. 114 -1 -- Definitions
*
Renewable energy system means a method of producing electricity derived from resources that
are regenerative or for all practical purposes cannot be depleted, including wind, tidal,
geothermal; and solar energy and as opposed to fossil fuels.
SECTION 2. Chapter 118, of the Land Development Regulations, entitled "Development and
Review Procedures" at "Section 118 -7, entitled "Fees for the administration of land development
regulations," of the Land Development Regulations is hereby amended as follows:
CHAPTER 118
DEVELOPMENT AND REVIEW PROCEDURES
*
Sec. 118 -7. - Fees for the administration of land development regulations.
The fees identified herein, and as outlined in Appendix A are for the purpose of defraying
expenses for public notices, and administrative costs associated with processing and analyzing
the request. These fees shall be evaluated and adjusted annually based on the consumer price
index for all urban consumers (CPI -U). No application shall be considered complete until all
Page2of5
requested information has been submitted and all applicable fees paid. The cost associated
notice is the responsibility of the applicant. There shall be no refund or adjustment of fees. Any
unpaid fees, including fees assessed for failure to appear before a board, shall become a lien
against the property The fee for application for public hearing related only to a solar roof or a
renewable energy system on an existing building shall be waived. If the application includes
other components, the standard fee shall apply. Additionally, the fee per variances related only
to a solar roof or a renewable energy system shall also be waived.
SECTION 3. "Appendix A," entitled "Fee Schedule," of the Code of the City of Miami Beach is
hereby amended as follows:
APPENDIX A
FEE SCHEDULE
This appendix includes all fees and charges established by the City Commission that are
referred to in the indicated sections of the Code of Ordinances:
118 -6
Cost recovery
Review and Report by outside source
TBD
118 -7
Fees for the administration of land development regulations
General Fees for Public Hearing
Application for preliminary evaluation before a board
500.00
Application for public hearing — See Sec. 118 -7 for applicable waivers
2,500.00
Application for clarification of previously approved board order
1,500.00
Application for amendment to an approved board order
2,500.00
Application for extensions of time of a previously approved board order
(non - administrative)
1,500.00
Application for after the fact approval
3 X Org. fee
Advertisement (Additional fees may apply based on notice
requirement for LDR, Comp. Plan and corresponding map
amendments)
1,500.00
Mail Notice (per address)
4.00
Posting (per site)
100.00
Withdrawal or continuance prior to public hearing
500.00
Deferral of a public hearing
1,500.00
Amendment of the Land Development Regulations, Zoning Map,
Comprehensive Plan and Future Land Use Map 118 -162 (a) and
(b)
Amendment to the permitted, conditional or prohibited uses in a zoning
2,500.00
Page 3of5
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 5. 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; that the sections of this ordinance may be renumbered or re- lettered to accomplish
such intention; and that the word 'ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Page 4 of 5
category (per use).
Amendment to the permitted, conditional or prohibited uses in the
comprehensive plan (per use).
2,500.00
Amendment of zoning map designation (per square foot of lot area) up
to 5000 sq. ft
0.50
Amendment of zoning map designation (per square foot of lot
area)5,001 sq. ft. and greater
0.70
Amendment of future land use map of the comprehensive plan (per
square foot of lot area) up to 5,000 sq. ft.
0.50
Amendment of future land use map of the comprehensive plan (per
square foot of lot area) 5,001 and greater.
0.70
Amendment to the land development regulations (per section being
amended)
10,000.00
Amendment to the comprehensive plan (per goal, policy, or objective
being amended.)
10,000.00
Conditional Use Permits 118 -193
Application for Conditional Use Permit for an adult congregate living
facility (per bed)
100.00
Design Review 118 -253
Application for Design Review Board approval (per gross square foot
of new construction)
.50
Land / Lot Split 118 -321
See applicable fees under General Fees
Variances 118 -353
Per variance requested — See Sec. 118 -7 for applicable waivers
500.00
Certificate of Appropriateness 118 -562 / 564
Application for COA (per gross square foot of new construction)
0.50
Historic Designation 118 - 591
Application for district designation (per platted lot)
100.00
Planning Director determination of architectural significance (142 -108)
2,500.00
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 5. 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; that the sections of this ordinance may be renumbered or re- lettered to accomplish
such intention; and that the word 'ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Page 4 of 5
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this ac day of gep1--ewI6 -r
ATTEST:
, 2017 ,
Philip Levine, Ma
Raf -el E. Granado, ity le k
Ap. •VED AS TO
O' AND LANGUAGE
Xt CUTION
disti
City Attorney , late
First Reading: July 26, 2017
Second Reading: September 25, 2017
Underscore denotes new language
Strikethrough denotes deleted language
[Sponsored by Commissioner Kristen Rosen Gonzalez]
T:\AGENDA \2017 \7 - July \Planning \Renewable Energy Fee Waiver - First Reading ORD.docx
Page5of5
Thoma Mooney, AICP
Planning Director
MAM4 BEACH
Ordinances - R5 K
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
10:50 a.m. Second Reading Public Hearing
SUBJECT LAND DEVELOPMENT AND PERMITTING FEES - RENEWABLE ENERGY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SECTION 118 -7 "FEES FOR THE
ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS" AND "APPENDIX
A - FEE SCHEDULE" TO WAIVE FEES CHARGED RELATED TO LAND USE
BOARD APPROVAL OF SUSTAINABLE ROOFING SYSTEMS AND RENEWABLE
ENERGY SYSTEMS; BY AMENDING CHAPTER 114, "GENERAL PROVISIONS,"
BY AMENDING SECTION 114 -1, "DEFINITIONS," TO PROVIDE A DEFINITION
FOR "RENEWABLE ENERGY SYSTEMS "; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On March 1, 2017, the Mayor and City Commission referred a discussion to the Sustainability and
Resiliency Committee (SRC) regarding incentivizing solar panel installations in the City by waiving
permit fees. This item was sponsored by Commissioner Kristen Rosen Gonzalez.
On April 19, 2017, the Sustainability and Resiliency Committee (SRC) discussed incentives for
renewable forms of energy, such as solar panels. Under certain circumstances, some renewable
energy projects may be required to go to the Design Review Board and Historic Preservation Board,
and there are fees associated with these land use board review processes. The SRC recommended
that an ordinance amendment, to further incentivize the installation of solar panels and renewable
forms of energy, by waiving the fees relating to any required land use board review, be referred to the
next available Land Use and Development Committee meeting. Since this proposal would amend the
fee schedule (Appendix A) of the Land Development Regulations, Planning Board review of the draft
ordinance would also be required.
On May 17, 2017, at the request of Commissioner Kristen Rosen Gonzalez, the City Commission
referred the subject ordinance to the Land Use and Development Committee and Planning Board for
consideration and recommendation (Item C4 J). On June 14, 2017, the Land Use and Development
Committee discussed the item and recommended that it be approved.
PLANNINGANALYSIS
Page 975 of 2353
The rise of solar power over the past decade has been largely driven by cities. In these densely -
populated areas, solar power is helping to clean the air and reduce pollutant emissions; strengthen
electric grids; offer consumers security against volatile energy costs; and, improve the environment
and resident quality of life. Several cities have set strong goals for solar energy adoption,
implementing programs and policies that promote the rapid expansion of solar energy, expanding
access to all residents, installing solar energy systems on government buildings, and urging state and
federal officials and investor -owned utilities to facilitate the growth of solar energy.
In leading cities, officials are setting ambitious goals for solar energy adoption, putting solar panels
on city buildings, and working with utilities to upgrade the electric grid and offer electricity customers
incentives to invest in solar energy systems. In these cities, permitting departments are taking steps
to reduce fees and permit processing times for solar installation applications as well. In 2010, San
Francisco (CA) committed to transitioning to 100% renewable energy by 2020 and became the first
major city in the nation to require that photovoltaic or solar thermal solar systems be installed during
the construction of new homes and businesses.
As part of the Building Permit process, projects undergo zoning review. The Zoning section of the
Planning Department reviews all license applications and building plans, as part of the Building
Permit process, to ensure compliance with the Land Development Regulations (LDRs). Under
certain circumstances, projects may be required to undergo review by a Land Use Board, such as
the Design Review Board or Historic Preservation Board review, prior to applying for a building
permit. Additionally, variances of the LDRs may on occasion be requested. A fee of $2,500 is
charged for an application for public hearing for projects that must undergo a Land Use Board
approval. A fee of $500 is charged for each variance requested.
The proposed ordinance would waive the fee for application for public hearing on existing buildings
that require a public hearing only for the purpose of installing solar roofs or other renewable energy
systems. The fee for each variance requested would also be waived for existing and new projects
seeking a variance related to the installation of solar roofs or other renewable energy systems.
Payment of fees for notice, advertisement, and other procedural requirements would still be charged
as part of this process.
PLANNING BOARD REVIEW
On June 27, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City
Commission with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on July 26, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Kristen Rosen Gonzalez
Page 976 of 2353
ATTACHMENTS:
Description
Form Approved Ordinance
Page 977 of 2353