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92-2820 Ordinance ORDINANCE NO. 92-2820 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89- 2665 BY: AMENDING SECTION 12, "LIQUOR CONTROL REGULATIONS", AMENDING SUBSECTION 12-1, ENTITLED "GENERAL PROVISIONS" BY CREATING A SERVICE CHARGE FOR THE REVIEW OF STATE LIQUOR LICENSE APPLICATIONS; AMENDING SECTION 13, "NONCONFORMING STRUCTURES AND USES", AMENDING SUBSECTION 13-9, ENTITLED "PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS" BY AMENDING THE APPLICA TION FEE STRUCTURE; AMENDING SECTION 14, "CHANGES AND AMENDMENTS", AMENDING SUBSECTION 14-1, ENTITLED "PETITION FOR CHANGES AND AMENDMENTS" BY AMENDING THE APPLICATION FEE STRUCTURE; AMENDING SECTION 16, "BOARD OF ADJUSTMENT", AMENDING SUBSECTION 16-7, ENTITLED "POWERS AND DUTIES" BY AMENDING THE APPLICATION FEE STRUCTURE; AMENDING SECTION 17, "PLANNING BOARD", AMENDING SUBSECTION 17-4, ENTITLED "CONDITIONAL USE PROCEDURES" BY AMENDING THE APPLICA TION FEE STRUCTURE; AMENDING SECTION 21, "ADMINISTRA TION", AMENDING SUBSECTION 21-1, ENTITLED "ENFORCEMENT" BY AMENDING THE APPLICATION FEE STRUCTURE FOR ZONING INTERPRETATION LETTERS; PROVIDING FOR INCLUSION IN THE ZONING ORDIN ANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 12-1 of Section 12, "Liquor Control Regulations" of Zoning Ordinance No. 89-2665, entitled "General Provisions" is hereby amended as follows: 12-1 GENERAL PROVISIONS * * * B. Licenses 1. No Vendor shall sell or distribute any Alcoholic Beverages without securing a license from the Division of Alcoholic Beverages and Tobacco of the Department of Business Regulations of the State of Florida. A service charge of $50 shall be oaid bv an aoolicant reauesting the review of an aoolication to the state for an alcoholic beverage license. The ouroose of this charge is to defray the cost to the City for: the verification of a correct occuoational license. oarking imoact fee and oroximity to olaces of worshio and/or schools: and. an area and establishment insoection and any other zoning insoection and/or review that may be aoolicablc to the review of such an aoolication. * * * 1 ../ SECTION 2. That Subsection 13-9 of Section 13, "Nonconforming Structures and Uses" of Zoning Ordinance No. 89-2665, entitled "Procedure for Retention of Illegally Subdivided Units, Undersized Units or Illegally Installed Kitchens" is hereby amended as follows: 13-9 PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS The following procedure is only applicable to zoning violation notices for Buildings or Structures which contain units which are illegally subdivided, units which have illegally installed kitchens and existing units which are below the minimum size established by the City. Units shall be defined as Apartment Units, Hotel Units and Adult Congregate Living Facility Units. A. Options * * * 3. Establish these units as legally non-conforming by: a. paying $250 ~ plus a processing fee of $50 ~ per Unit which is in violation to the Planning and Zoning Department, and * * * SECTION 3. That Subsection 14-1 of Section 14, "Changes and Amendments" of Zoning Ordinance No. 89-2665, entitled "Petition for Changes and Amendments" is hereby amended as follows: 14-1 PETITION FOR CHANGES AND AMENDMENTS * * * D Any Applicant requesting a public hearing on any application for an amendment to this Ordinance shall pay, upon submission, the applicable fees as follows: l. Amendment pursuant to paragraph A above. Change of zoning or change on the Future Land Use Map of the Comprehensive Plan: $0.07 ~ per square foot of Lot Area, plus $0.50 per mailing address. Proposals that involve a change of zoning or Future Land Use Map changes shall pay $0.07 ~ per sq.ft. of Lot Area for each request. Substantial changes in Permitted Uses: $650 ~ per section of the Zoning Ordinance or Comprehensive Plan. 2. Amendment pursuant to paragraph B above. $650 ~ per section of the Zoning Ordinance or Comprehensive Plan. * * * SECTION 4. That Subsection 16-7 of Section 16, "Board of Adjustment" of Zoning Ordinance No. 89-2665, entitled "Powers and Duties" 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 administrative 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. 2 1. Variances, Appeals from Administrative Decisions and Signs: a. Single-Family Residences U2Q $+U filing fee plus ill ~ for each individual Variance requested. b. Parking Requirements $300 ~ filing fee plus iliQ ~ for each individual Variance requested c. Multi-Family, Commercial, Industrial or mixed Use Development properties $600 ~ filing fee plus 1liQ ~ for each individual Variance requested d. Appeal from Administrative Decision $600 ~ e. Signs UQQ ~ plus llQ ~ per Request With the exception of Variances associated with single Family residences, the application fee shall be supplemented by an additional $0.50 per mailing address. 2. Deferments, Withdrawals and Clarifications If a deferment is requested by the Applicant, an additional fee shall be assessed as follows: a. Single-Family Residences $80 ~ per Variance b, Parking Requirements $80 ~ per Variance; bu t not less than $150 $+U c. Multi-Family, Commercial, Industrial or mixed Use Development $80 ~ per Variance; but not less than IDQ. ~ d. Appeal from Administrative Decision $300 ~ e. Signs $40 ~ per Variance or Sign whichever is greater 3. If a request for a deferral is approved by the Board of Adjustment, and not at the request of an Applicant, there will be no additional fee. 4. When an Applicant requests a clarification, extension of time, an amendment to a previous Board of Adjustment decision, or any other request that is not a Variance or Appeal of an Administrative Decision, a fee of $300 $2SQ,QQ shall be assessed. Public Notice requirements listed in Section 16-3 shall be applied, 5. If the Applicant withdraws his application after it has been accepted by the Planning and Zoning Department, the City shall refund 50% of all required fees and no further refund shall be made. 6. A public hearing or appearance by the Applicant before the Board shall not be scheduled or permitted until the Planning and Zoning Department has determined that the application is complete and all fees have been paid. 7. "After the Fact" Variances shall automatically incur double fees. * * * 3 SECTION 5. That Subsection 17-4 of Section 17, "Planning Board" of Zoning Ordinance No. 89-2665, entitled "Conditional Use Procedures" is hereby amended as follows: 17-4 CONDITIONAL USE PROCEDURES * * * F. Fees - The below fees are for the purpose of defraying expenses of public notices and other administrative costs in connection with processing applications: 1. Any Applicant requesting and obtaining a public hearing before the Planning Board shall pay the following fees: a. Conditional Use - when a fee has not been established for a specific Use ~ $5QQ.OO plus $0.50 per mailing address b. Adult Congregate Living Facility $650 $5QQ.O() plus $60 $# per bed plus $0.50 per mailing address 2. A request for minor amendment to an approved Conditional Use, clarification of conditions or an extension of time shall require a fee of $400 ~. 3. A request for a substantial amendment to an approved Conditional Use shall require a fee of $650 $SOO.O() plus $0.50 per mailing address. 4. If an Applicant withdraws his application prior to the date of the public hearing and requests a new hearing date, a fee of ~ ~ shall be required. The fee is to defray the costs of scheduling the new public hearing, to notify the Property Owners of the cancellation of the original public hearing and establishment of the revised hearing date. 5. If the Applicant requests a continuation of a public hearing, a fee commensurate with all costs shall be assessed; however, the fee shall not be less than $325 ~. 6. A fee of ~ $500.00 shall be required in order to file an Appeal of a Planning Board or Planning and Zoning Director's decision. If notification of property owners is required, the fees shall be as set forth in Subsection l7-4,F. * * * SECTION 6. That Subsection 21-1 of Section 21, "Administration" of Zoning Ordinance No. 89-2665, entitled "Enforcement" is hereby amended as follows: 21-1 ENFORCEMENT. * * * E. In the course of the administration of this ordinance the appropriate Department shall impose a fee for the below services: 1. Zoning Compliance Letters where a Department is requested to determine compliance or provide zoning data related to improvements on existing or proposed property. 2. There shall be a $75.00 $50.00 base application fee. If plans are reviewed, in addition to the base fee, there shall be a charge of $.001 per square feet for non-residential Buildings or $.25 per Hotel or Apartment Unit for residential Buildings. * * * 4 SECTION 7. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 8. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 9. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. ATTEST: This Ordinance shall take effect on the , 1992. SECTION 10. EFFECTIVE DATE. 31st day of October PASSED and ADOPTED this 1992. ~J",~~ L. CITY CLERK 1st reading 10/8/92 2nd reading 10/21/92 Underlined words = new language Strike oat = deleted language June 24, 1992 July 7, 1992 August 7, 1992 A:\FEE-ORD.92 FORM APPROVED LEGAL DEPT. By J c..;> Date 8 - 1--- ~ L- 5 CITY OF MIAIVI.! BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 873-7010 FAX: (305) 873-n82 COMMISSION MEMORANDUM NO. ~ 5.L -92-- TO: Mayor Seymour Gelber and Members of the City Commission DATE: OCTOBER 21. 1992 FROM: Roger M. ea.1,;.... n~,It.} / City Manage;~L~"\.tl V SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665 PLANNING AND ZONING FEE STRUCTURE CHANGES - SECOND READING RECOMMENDA nON: The City Administration recommends that the City Commission approve this Ordinance which serves to amend Zoning Ordinance 89-2665 as it relates to certain fees imposed for planning and zoning services in the City of Miami Beach. The Planning Board. at its meeting of July 28, 1992, recommended approval of this Ordinance by a vote of 6-0. The Finance Committee of the Commission also reviewed this matter at its August 11,1992 meeting. The City Commission approved this Ordinance on first reading on October 8, 1992. BACKGROUND: On a regular basis, the City monitors the fees it collects for planning and zoning services that are provided to the community. Upon the most recent review, it was determined that a re- structuring of these fees is necessary. not only to bring revenues more in line with departmental costs, but to make the fees commensurate with the services being provided. A new service charge is also being proposed for the purpose of defraying the cost of reviewing an application for a State of Florida alcoholic beverage license. The fees being requested are reflected in the City's Proposed Budget for FY92/93. The revised and new fees proposed in the Ordinance for consideration would generate an additional $17.650 during the fiscal year commencing October 1, 1992. AN AL YSIS: The Planning and Zoning staff has based its recommendations for fee changes on the attached tables. Table I - The Planning and Zoning Review Fee Comparison Chart - identifies fees charged by Coral Gables, Miami. South Miami, and North Miami Beach. For some planning and zoning review functions, Miami Beach charges less than neighboring municipalities; in others, the charge is greater. In addition, Table II details the estimated unit costs for work program tasks identified to be undertaken by the Department. For example, we estimate that it costs the City an average $994.54 to process each variance case, and the average fee received is $267. There is an even greater discrepancy in the area of planning reviews (zoning amendments. conditional uses. etc.). where the estimated average Department cost is $2.251.18. and the average fee received is $500. For this reason, the Department is proposing a somewhat larger fee increase for the Planning Board (30%) than for the Zoning Board of Adjustment (20%). With regard to the fees proposed for Zoning Compliance Letters at $75 per letter (now $50) and the procedure for the Retention of Illegally Subdivided Units. Undersized Units or Illegally Installed Kitchens at $250 + $50junit in violation (now $200 + $35junit). the Administration .has determined that such increases will close, but not eliminate, the gap between revenues and the actual costs of undertaking these functions. The new service charge for the review of applications to the State of Florida for an alcoholic beverage license is seen as quite reasonable given the actual costs incurred in the review process done by staff. · 1CO DATE R -~ ~3 lO, 2\ -C)v AGENDA ITEM Table III summarizes the fee changes proposed and a breakdown of the additional revenues expected to be generated for FY 92/93. CONCLUSION: Based on the foregoing, the Administration has concluded that the proposed changes to fees charged for planning and zoning services are reasonable and will help to further offset the actual costs incurred by the City to provide these services. The Planning Board has drawn a similar conclusion, recommending unanimous approval 6-0, of the proposed amendment to the Zoning Ordinance. RMC:DJG:jm Attachments commisn \92f ees.92 IGl 2