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Ordinance 95-5993 ORDINANCE NO. 95-2993 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 5, ENTITLED, "GENERAL PROVISIONS", AMENDING SUBSECTION 5-8, ENTITLED DIVISION OF LOT; LOT SPLIT" BY TRIPLING THE APPLICATION FEE FOR REVIEW OF "AFTER-THE-FACT" LOT SPLIT APPLICATIONS AND PROVIDING THAT THE PLANNING BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; AMENDING SECTION 16, ENTITLED "BOARD OF ADJUSTMENT", AMENDING SUBSECTION 16-7, ENTITLED "POWERS AND DUTIES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" VARIANCES AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; AMENDING SECTION 17 , ENTITLED "PLANNING BOARD", AMENDING SUBSECTION 17-4, ENTITLED "CONDITIONAL USE PROCEDURES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD", AMENDING SUBSECTION 18-2 , ENTITLED "DESIGN REVIEW PROCEDURES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; AMENDING SECTION 19, ENTITLED "HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS", AMENDING SUBSECTION 19-6, ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION "BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. SECTION 1. AMENDMENT OF ZONING ORDINANCE SUBSECTION 5-8. That Subsection 5-8 , of Section 5, entitled "General Provisions" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 5-8 DIVISION OF LOT; LOT SPLIT % B. Fees There shall be a $150 fee for review of an application for the division of Lot(s) . However, a fee of $450 shall be required for an "after-the-fact" application. C. Procedure To Request Adjustment to the After-The-Fact Fee 1. The Planning Board may adjust the after-the-fact fee based on substantial competent evidence that there are extenuating circumstances that warrant such an adjustment. The request for a fee adjustment shall be in writing. The adjusted after-the-fact fee shall not be less than the regular application fee. 2 . The request may be submitted as part of the appeal application pursuant to Subsection 17-6 or as a separate application. 3 . In the event a request is not part of the appeal application pursuant to Subsection 17-6, there will be an additional fee of $75. 00 to place the item on the Planning Board' s agenda. * * * SECTION 2 . AMENDMENT OF ZONING ORDINANCE SUBSECTION 16-7 . That Subsection 16-7 of Section 16, entitled "Board of Adjustment" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 2 3 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 administrative costs in connection with Variance requests; when it is alleged there is an error in any administrative order, requirements, decision, or determination made by an administrative official; or a request for the Board to clarify a condition, finding, or amend a decision. 1. Variances, Appeals from Administrative Decisions and Signs: 7 . "After-the-Fact" Variances shall automatically incur double triple fees. Notwithstanding this provision, the Board may adjust the after-the-fact fee based on substantial competent evidence that there are extenuating circumstances that warrant such an adjustment. The request for a fee adjustment shall be in writing and made part of the Variance application. The adjusted after- the-fact fee shall not be less than the regular application fee. 3 SECTION 3. AMENDMENT OF ZONING ORDINANCE SUBSECTION 17-4. That Subsection 17-4 of Section 17, entitled "Planning Board" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 17-4 CONDITIONAL USE PROCEDURES C. Applications for Conditional Uses. Applications for approval of a Conditional Use shall be submitted to the Planning and Zoning Department, which shall prepare a report and recommendation for consideration by the Board, and when required, by the City Commission. Within a reasonable time, but in no instance less than thirty (30) days after receipt of a completed application, the Board shall hold a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. Approximately fifteen (15) days prior to the public hearing date, a description of the request, and the time and place of such hearing shall be posted on the property and advertised in a paper of general paid circulation in the community. Notice shall also be given by mail to the owners of record of land lying within 375 feet of the property. This notification requirement shall be the responsibility of the applicant. * * * 4 F. Fees - The below fees are for the purpose of defraying expenses of public notices and other administrative costs in connection with processing applications: 7. Any "After-the-Fact" Conditional Use application shall automatically incur double triple fees. Notwithstanding this provision, the Board may adjust the after-the-fact fee based on substantial competent evidence that there are extenuating circumstances that warrant such an adjustment. The request for a fee adjustment shall be in writing and made part of the Conditional Use application. The adjusted after-the-fact fee shall not be less than the regular application fee. * * * SECTION 4. AMENDMENT OF ZONING ORDINANCE SUBSECTION 18-2. That Subsection 18-2 of Section 18 entitled "Design Review Board" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 18-2 DESIGN REVIEW PROCEDURES * * * 5 3 E. FEES An Applicant shall pay, upon the submission of an application to the Historic Preservation and Urban Design Department, a fee based upon the following schedule: * * 9. Any "after-the-fact" application shall incur detabIe triple fees. a. Notwithstanding the above provision, the Design Review Board or the Joint Design Review\Historic Preservation Board (when applicable) may adjust the after-the-fact fee based on substantial competent evidence that there are extenuating circumstances that warrant such an adjustment. The request for a fee adjustment shall be in writing. The adjusted after-the-fact fee shall not be less than the regular application fee. b. The request shall be: (1) part of the Design Review Board or the Joint Design Review\Historic Preservation Board application (when applicable) ; or, (2) a separate application requesting an adjustment to the after-the-fact fee for a staff level review. 6 • 3 c. If a request for an adjustment to the after-the- fact fee for a staff level review is submitted, there will be an additional fee of $75. 00 to place the item on the Board' s agenda. SECTION 5. AMENDMENT OF ZONING ORDINANCE SUBSECTION 19-6. That Subsection 19-6 of Section 19 , entitled "Historic Preservation Board and Historic District Regulations" of • Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 19-6 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION * * * C. Decisions on Certificate of Appropriateness * * * 6. Certificate of Appropriateness for Demolition * * * g. Fees - the below fees are for the purpose of defraying the expenses of public notices and other administrative costs in connection with processing applications for a Certificate of Appropriateness and a Certificate of Appropriateness for Demolition, including amendments for a Certificate of Appropriateness for Demolition: 7 (1) $700. 00 for projects requiring Board approval . $100. 00 for projects reviewed by staff. However, after-the-fact applications shall automatically incur triple fees. a. Notwithstanding the above provision, the Board may adjust the after-the-fact fee based on substantial competent evidence that there are extenuating circumstances that warrant such an adjustment. The request for a fee adjustment shall be in writing. The adjusted after-the-fact fee shall not be less than the regular application fee. b. The request shall be: (1) part of the Board application; or, (2) a separate application requesting an adjustment to the after-the-fact fee for a staff level review. c. If a request for an adjustment to the after-the-fact fee for a staff level review is submitted, there will be an additional fee of $75. 00 to place the item on the Board' s agenda. 8 3 SECTION 6. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 7 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect on the 27th day of May , 1995. PASSED and ADOPTED this 17th day of May 1995. ATTEST: Mak MAYOR `ZAN4,4_ CITY CLERK 1st reading 5/3/95 2nd reading 5/17/95 DJG\MHF\DISK#11\12140RD.95 FORM APPROVED Legal Dept. 9 By -37-9 Date coSs 'l-•iz-rf CITY OF MIAMI BEAfH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 39.3 - 15 TO: Mayor Seymour Gelber and DATE: Members of the City Commission y 17, 1995 FROM: Roger M. Carlton City Manager SUBJECT: SECOND READING COMMISSION ORIGINAL VERSION — ORDINANCE A — AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 5, ENTITLED, "GENERAL PROVISIONS", AMENDING SUBSECTION 5-8, ENTITLED DIVISION OF LOT; LOT SPLIT" BY TRIPLING THE APPLICATION FEE FOR REVIEW OF "AFTER—THE—FACT" LOT SPLIT APPLICATIONS AND PROVIDING THAT THE PLANNING BOARD MAY ADJUST THE AFTER— THE—FACT FEE BASED ON SUBSTANTIAL COMPETENT EVIDENCE; AMENDING SECTION 16, ENTITLED "BOARD OF ADJUSTMENT", AMENDING SUBSECTION 16-7, ENTITLED "POWERS AND DUTIES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER—THE—FACT" VARIANCES AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER—THE—FACT FEE BASED ON SUBSTANTIAL COMPETENT EVIDENCE; AMENDING SECTION 17, ENTITLED "PLANNING BOARD", AMENDING SUBSECTION 17-4, ENTITLED "CONDITIONAL USE PROCEDURES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER—THE—FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER—THE—FACT FEE BASED ON SUBSTANTIAL COMPETENT EVIDENCE; AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD", AMENDING SUBSECTION 18-2, ENTITLED "DESIGN REVIEW PROCEDURES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER—THE—FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER—THE—FACT FEE BASED ON SUBSTANTIAL COMPETENT EVIDENCE; AMENDING SECTION 19, ENTITLED "HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS", AMENDING SUBSECTION 19-6, ENTITLED " ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION "BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER—THE—FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER—THE—FACT FEE BASED ON SUBSTANTIAL COMPETENT EVIDENCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. PAGE 1 OF 4 T AGENDA ITEM 3 1 T. DATE 5-11 —15 PLANNING BOARD ALTERNATE VERSION - ORDINANCE B - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 5, ENTITLED, "GENERAL PROVISIONS", AMENDING SUBSECTION 5-8, ENTITLED DIVISION OF LOT; LOT SPLIT" BY TRIPLING THE APPLICATION FEE FOR REVIEW OF "AFTER-THE-FACT" LOT SPLIT APPLICATIONS AND PROVIDING THAT THE PLANNING BOARD MAY ADJUST THE AFTER- THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; AMENDING SECTION 16, ENTITLED "BOARD OF ADJUSTMENT", AMENDING SUBSECTION 16-7, ENTITLED "POWERS AND DUTIES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" VARIANCES AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; AMENDING SECTION 17, ENTITLED "PLANNING BOARD", AMENDING SUBSECTION 17-4, ENTITLED "CONDITIONAL USE PROCEDURES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD", AMENDING SUBSECTION 18-2, ENTITLED "DESIGN REVIEW PROCEDURES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; AMENDING SECTION 19, ENTITLED "HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS", AMENDING SUBSECTION 19-6, ENTITLED " ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION "BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" APPLICATIONS AND PROVIDING THAT THE BOARD MAY ADJUST THE AFTER-THE-FACT FEE WHEN WARRANTED BY EXTENUATING CIRCUMSTANCES; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt on second reading the Planning Board Alternate Version of the amendment to Zoning Ordinance No. 89-2665 that imposes triple fees for after-the-fact applications. PAGE 2 OF 4 BACKGROUND The proposed amendments are partly in response to a City-wide problem involving unpermitted work that is being performed on private property. Since this work has not received a building permit, many times the work is not in compliance with the requirements of the Zoning Code. The amendments are aimed at deterring improper and unpermitted construction, installation and\or erection of signs, storefronts, window replacements, building paint colors and demolitions, to name just a few sample problems. On a related matter, the Commission recently passed an amendment to the City Code providing for triple fees for after-the- fact applications for revocable permits on City property which passed second reading on March 15, 1995. The Planning Board held a public hearing on March 28, 1995 and voted 7-0 to approve the amendment with one additional change, (See attached Ordinance B) . The Board felt that while the triple fee may help discourage unpermitted work, in all instances, the fee may not be justified. Accordingly, the Board recommended that language be added to the original draft amendment which would allow an applicant the opportunity to request an adjustment of the triple fee by the appropriate Board, as an administrative "relief valve" . On May 3 , 1995 the City Commission approved the Planning Board Alternate Version (Ordinance B) of the amending Ordinance on first reading, by a vote of 7-0. ANALYSIS Both versions of the amending ordinance provide for triple fees for after-the-fact applications requesting lot splits, variances, conditional uses, design review approvals and certificates of appropriateness. Currently, there is no increase in fees for after-the-fact lot split applications. The other after-the-fact approvals covered by these Ordinances currently incur double fees pursuant to an amendment to the Zoning Ordinance adopted in December of 1994 . The establishment of unauthorized work on private property threatens the safety, welfare and aesthetic values of the citizens of Miami Beach. Also, work that is performed within the City should only be allowed in accordance with the conditions of approval as set forth in the current Zoning Ordinance. The proposed amendments would help to encourage compliance, thereby, ensuring the public safety and welfare. These Ordinances offer a further degree of protection to neighboring property owners, as well as the public, by determining inappropriate and unregulated construction; they do not, however, guarantee compliance. PAGE 3 OF 4 ANALYSIS OF ORDINANCE B The original draft of the amendment (Ordinance A) does not provide any administrative relief to appeal the fee for an applicant making an after-the-fact application. There may be extenuating circumstances when the triple fee may not be warranted. For instance, a new owner of a property may find that work has been performed by the previous owner without proper City approvals, but in reality could be approved. While the caveat "buyer beware" is applicable, the Planning Board believes in certain instances these applications should be heard by the appropriate Board to ascertain if the fee is justified (see Ordinance B) . For flagrant disregard of the approval process, the fee could and should be instituted. Under certain circumstances, the appropriate Board might adjust the fee at its own discretion, based on competent evidence. The applicable Board would not have the ability to adjust the fee to an extent that it is less than the required regular application fee. For those applicants requesting an adjustment to a staff level review, Ordinance B provides for an additional $75. 00 fee to place the item before the appropriate Board. For requests that require Board approval, the effected applicant may include the adjustment request within the normal Board application package and address the matter at the public hearing. CONCLUSION Based on the foregoing, the Administration recommends that the City Commission approve the Planning Board Alternate Version (Ordinance B) which imposes triple fees for after-the-fact applications requesting lot splits, variances, conditional uses, design review approvals and certificates of appropriateness and includes an administrative relief process for effected applicants to request an adjustment of this fee by the appropriate Board. DJG\MHF\DISK#10\1214CM2.95 PAGE 4 OF 4 ✓ w u 0 0 'H rl rn b - to rn Ia cd 'H (N O �+ I N •H Er1 bD Q • d1 g H C7 co O O I • r7 z N ul Ln • coy con . N F-1 U bD • C7 z •H t~ bD • �; cn •H s~ • c z a b •H • O H N q 'd • Pi N E N O 3 ct1 E +� R c� •H O• it " U �O C!) C!] � G 130 CV 0 4-1 O I 'H 0 •r-I 01 cA ra TJ 00 'H N • O 4-)