Ordinance 95-5992 ORDINANCE NO. 95-2992
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
89-2665,AMENDING SECTION 16, ENTITLED "BOARD OF
ADJUSTMENT," AMENDING SUBSECTION 16-7,
ENTITLED "POWERS AND DUTIES" BY PROVIDING FOR
ASSESSMENT OF A FEE FOR FAILING TO APPEAR FOR
PROGRESS REPORTS REQUIRED BY THE BOARD AND
PROVIDING THAT UNPAID FEES SHALL BECOME A LIEN
AGAINST THE PROPERTY; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Board of Adjustment may impose a requirement that applicants must
appear at regular intervals for a progress report to determine the impact of a variance on the
surrounding neighborhood, and;
WHEREAS,the city incurs administrative costs in regard to appearances before the Board
of Adjustment for the progress report hearing, and;
WHEREAS, it is necessary to charge an applicant for failing to appear before the Board of
Adjustment for a progress report hearing, and;
WHEREAS, the City of Miami Beach must assure collection of the fees incurred by
applicants.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. Subsection 16-7, entitled "Powers and Duties" of Section 16, entitled "Board of
Adjustment" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended
as follows:
16-7 POWERS AND DUTIES
* * *
B. Fees - The below fee schedule is established for the purpose of defraying expenses
of public notices,postage,printing, determining the,impact of the request and other
administration costs in connection with Variance requests, when it is alleged there
is an error in any administrative order,requirement, decision, or determination made
by an administrative official;or a request for the Board to clarify a condition,finding,
or amend a decision.
8. Applicants who fail to appear,or who fail to defer appearing.,
for a progress report which is required by Order of the Board of
Adjustment as a condition of granting a variance shall incur a fee of
$250.00. Notice of the date to appear for a progress report shall be
mailed to the Applicant approximately fifteen (15) days in advance
of the required appearance. Any unpaid fees shall become a lien
against the property.
SECTION 2. REPEALER. That all Ordinances or part of Ordinances in conflict herewith be and
the same are herewith repealed.
SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
2
•
3
SECTION 4. EFFECTIVE DATE. The Ordinance shall take effect on the 27th day of
May , 1995.
PASSED and ADOPTED this 17th day . May , 1995.
410 MAYOR
ATTEST:
CITY CLERK
Underlined=new language
c:rh:boa.
1st reading 5/3/95
2nd reading 5/17/95
FORM APPROVED
Legal Dept.
By . '-
Date f 1)1-'2-- 45
3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 3q 0 -(15
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
MAy 17, 1995
FROM: Roger M. Carlton •
City Manager •
SUBJECT: SECOND READING — AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING
SECTION 16, ENTITLED "BOARD OF ADJUSTMENT," AMENDING
SUBSECTION 16-7, ENTITLED "POWERS AND DUTIES" BY
PROVIDING FOR ASSESSMENT OF A FEE FOR FAILING TO APPEAR
FOR PROGRESS REPORTS REQUIRED BY THE BOARD AND PROVIDING
THAT UNPAID FEES SHALL BECOME A LIEN AGAINST THE
PROPERTY; PROVIDING FOR A REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading the attached Ordinance to amend Zoning Ordinance No.
89-2665 regarding progress reports required by the (Zoning) Board
of Adjustment.
BACKGROUND
The attached amendment is in response to a re-occurring problem
experienced by the (Zoning) Board of Adjustment with regard to
progress reports required of certain applicants. On several
occasions, applicants have failed to appear before the Board in
order to give progress reports that were required by the Board as
part of the approval for their respective variances, (see Exhibit
A) . Most progress reports are in response to applications waiving
the minimum distance requirement for the consumption of alcoholic
beverages; however, there have been exceptions. The Board has made
it a policy to require a progress report for all applications of
this nature.
PAGE 1 OF 3
AGENDA ITEM -3-F
DATE S-x 1-9 5
}
The Planning Board held a public hearing on March 28 , 1995 and
voted 7-0 to approve the amendment with one additional change with
regard to noticing of the property owner. The Board felt that
since most of these applications are made by the tenant and not the
owner of the property, a notice requirement should be added to the
Zoning Ordinance which informs said owner, that a progress report
is required by the Board and that failure to appear or defer
appearing, would incur a lien that may become a cloud on the title
of the property.
On May 3 , 1995 the City Commission approved the amending Ordinance
on first reading, by a vote of 6-0 (Commissioner Kasdin was
temporarily absent from the meeting) , with one further change to
add a notice requirement advising the applicant and\or owner of the
property that a progress report was required by the Board of
Adjustment.
ANALYSIS
The proposed amendment provides that an applicant who fails to
appear, or fails to defer appearing, for a progress report which is
required by the Final Order of the Board as a condition of granting
a variance, shall incur a fee of $250. 00. Any unpaid fees would
become a lien against the property.
Currently, the Zoning Ordinance does not address this issue in any
manner and, hence, the problem. Applicants who do not appear
before the Board to give a progress report are usually just re-
scheduled to the next meeting, which incurs additional
administrative costs, including those for advertising. The only
recourse open to the Board at the present time is to initiate
revocation proceedings against the applicant. In the past, this
process has been time consuming and often counter-productive.
In essence, the Board Of Adjustment has recommended a process which
could encourage adherence to conditions of approval without the
need to use a threat of revocation. Nonetheless, the revocation
process would remain an available option for the Board in the event
the fee imposition does not cause the applicant to appear for a
progress report.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission adopt on second reading the attached Ordinance which
provides for assessment of a fee for an applicant's failure to
appear or properly defer appearing for progress reports required by
the Board of Adjustment and providing that unpaid fees shall become
a lien against the property.
DJG\MHF\DISK#10\1215CM2.95
PAGE 2 OF 3
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