2011-3734 Ordinance ORDINANCE NO. 2011 -3734
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
15 OF THE CITY OF MIAMI BEACH CODE, ARTICLE II,
ENTITLED "ZONING REVIEW FEE ASSOCIATED WITH THE
BUILDING PROCESS ", BY AMENDING 15 -31 AND ADDING
NEW SECTIONS 15 -38 THROUGH 15 -43, THEREOF; AND
AMENDING APPENDIX A, ADDING NEW FEES AND
MODIFYING THE FEE SCHEDULE FOR ZONING REVIEW
ASSOCIATED WITH THE BUILDING PROCESS; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the City Commission adopted Ordinance No. 2010-
3672, for Zoning review, related to the fees for the Building Development Process; and
WHEREAS, the Ordinance went into effect on February 1, 2010 and provided a
complete overhaul of the fee structure; and
WHEREAS, the City Administration has worked with the new fee structure since
implementation, and has identified a series of refinements to such fee structure that will help to
clarify and bring equity to certain types of permit applications; and
WHEREAS, the Administration recommends that the City Commission approve the
following Ordinance amending Building Department fees related to the Building Development
Process.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1 . That Chapter 15 of the City Code is hereby amended to read as follows:
Sec. 15 -31. - Zoning review fees associated with the building permit process levied.
A separate zoning review fee associated with the building permit plans review process is
hereby levied and imposed, and shall apply to the city's planning department zoning
reviews of building, plumbing, electrical and mechanical permits and other plans review
activities associated with the permit plans review process undertaken by that department.
Said fee shall be collected by the building department on behalf of the planning
department, (see also subsection 14- 70(6)).
* * * * *
Sec. 15 -38. - Permits for work not identified in appendix A.
If it is determined that no specific fee category directly matches a permit application
request, the planning director may identify a category that closely matches the level of effort
or determine what the work will be charged at based on the time dedicated for plans review
and inspection. The planning director may require an upfront fee and a deposit to cover the
estimated cost of the services to be provided.
Sec. 15 -39. - Expedited Plans Review and Inspection Fee
Upon request from the applicant, the department may schedule an expedited plans review
or inspection, on an overtime basis by city staff. When such service is provided, the
applicant will reimburse the city for the cost of the city employee(s), in addition to the
regular permit and other applicable fees.
Sec. 15 -40. — Refunds
The fees charged pursuant to this chapter, may be refunded by the planning director
subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of $100.00 or less; or
b. Permits revoked by the fire marshal or building official; or
c. Permits cancelled by court order; or
d. Permits which have expired; or
e. Permits under which work has commenced as evidenced by any recorded
inspection having been made by the department.
(2) A full refund shall be granted to a permit holder who takes out a permit covering work
outside the jurisdictional inspection area.
(3) A full refund less the $50.00 minimum up -front permit fee and any outside agency
fees shall be granted to a permit applicant who requests a refund in writing, provided
that no plan review has commenced.
A full refund less $100.00 or the up -front permit fee, whichever amount is greater,
rounded down to the nearest dollar, and any outside agency fees shall be granted to
a permit applicant who requests a refund in writing, provided that a permit has not
been issued.
A full refund less $100.00 or the upfront fee, whichever amount is greater, rounded
down to the nearest dollar, and any outside agency fees shall be granted to a permit
holder (to whom a permit has been issued) who requests a refund in writing,
provided:
a. That the permit holder makes a written request prior to the permit expiration date;
and
b. That a validated copy of the permit be submitted with such request; and
c. That no work, as evidenced by any recorded inspection, has commenced under
such permit.
Sec. 15 -41. Expired Permits
Where the permit is revoked, or becomes null and void, or expires because of lack of work
or abandonment, a new permit covering the proposed construction shall be obtained before
proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If no
more than 180 days of the expiration date of the original permit has passed, and no refund
has been made according to this section, the applicant may apply to renew the permit. The
reapplication must be covering the same project and involving the same plans, and must be
submitted with the plans and the applicant's validated copy of the original permit. A fee of
twenty five percent (25 %) of the original permit fee, plus an additional $57.00 processing
fee, shall be charged for a renewal under these circumstances.
Where the permit is revoked, or becomes null and void or expires because of lack of work
or abandonment, a new permit covering the proposed construction shall be obtained before
proceeding with the work, pursuant to Section 105.4.1.1 of the Florida Building Code. If
more than 180 days but no more than 365 days since the expiration date of the original
permit has passed, and no refund has been made according to this section, the applicant
may apply to renew the permit. The reapplication must be covering the same project and
involving the same plans, and must be submitted with the plans and the applicant's
validated copy of the original permit. A fee of twenty five percent (25 %) of the original
permit fee, plus a fee of twenty percent (20 %) of the new permit fee, shall be charged for a
renewal under these circumstances.
For permits that have expired where the only missing component is one or more final
inspections, the fee for re- opening the permit, performing the final inspection(s), and
providing a final approval on the permit shall be charged at based on the time dedicated for
inspection(s).
Sec. 15 -42. - [Adjusted rates.]
The rates in appendix A pertaining to this section will be administratively adjusted annually
to reflect increase(s) or decrease(s) in Consumer Price Index for Consumers in the
Southeast United States for all items, unless otherwise directed by the city commission.
Notwithstanding the preceding sentence, the rate adjustment set to take place in February
2012 shall be waived, finding such waiver to be in the best interest of the City and of the
public.
Sec. 15 -43
The rates in appendix A for permit fees pertaining to this chapter shall be re- evaluated
administratively no less than every three (3) years from the last adopted changes. Any
recommended changes shall be brought to the city commission for consideration and final
approval.
* * * * *
Section 2. That Appendix A of the City Code is hereby amended to read as follows:
* * * * *
Section Descrition Amount Discounted
this Code Description (Effective Amount
Oct. 1, (Effective
20112012) Feb. 1, 2010
Oct. 1, 2011
through
Sept. 30,
20112012)
* * * * *
15 -32 Specialty permits
27.00 2 .00
•=- - - -- :e, -- - = =-- 27.00 17.0O
Flooring per 500 cq. ft. (minimum plumbing fee 27.00 23.00
Communication Equipment Enclosure
• Without transfer switch and receptacle 54.00 54.00
• With transfer switch and receptacle 54.00 54.00
Swimming pools
* * * * *
New swimming pools /spa and fountains: 37-8.00 207.00
Residential, over 25,000 total gallons including 189.00 107.00
equipment
* * * * *
Docks including equipment and pilings
associated with dock construction and 2
moorings
* * * * *
Dock Repair - Commercial 27.00 27.00
* * * * *
Boat lift per unit 54.00 54,00
Watercraft lift
• Up to 2 systems(Dual arm lift is a single unit) 54.00 54.00
• Each additional system over 2 5.00 5.00
Pilling /moorings per unit 54,00 52.00
• Up to 2 units 54.00 52.00
• Each additional piling over 2 10.00 10.00
* * * * *
Mechanical master requiring subs
* * * * *
AC unit new: Commercial, per pnit unit 54.00 49.00
* * * * *
Plumbing master requiring subs
Backflow protection device (per device) any 54.00 46.00
quantity
Irrigation systems, 1 zone minimum fee 27.00 6.00
Irrigation systems per each additional zone 5400 26.00
11.00 5.00
Water and drainage risers and mains, per 1 unit 54-.00 54-00
not SFR
Water and drainage risers and mains, per 1 unit 5400 54.00
• - - - - = = - = - - 5400 40-00
- - - e- - - •e -- -: e- e - -•• - - 5400 54.00
�_`�c water heat reel• cement (no permit 54 0 21.00
term sired for electrical)
Temporary /special events
Tcnts up to 1,000 square fcct, per unit (excludes 27.00 27.00
-- - - - = -..
jig! - -- . - 27.00 0
... - - ._ ..
Temporary chiller 27.00 27.00
Temporary Generator (non - special event) 27.00 27.00
* * * * *
Temporary Fencing 27.00 27.00
Stand Alone Permit Review Fees:
Windows, exterior doors and shutters
Installation or replacement of windows or exterior 81.00 81.00
doors, 1 unit
Installation or replacement of windows or exterior 162.00 139.00
doors, 4 2 -10 81.00 81.00
Installation or replacement of windows or exterior 162.00 162.00
doors, 11 -30 104.00
Installation or replacement of windows or exterior 216.00 214.00
doors, 31 -50
51 and above (special inspector required), per 216.00 213.00
each additional 5 openings or part thereof 27.00 27.00
Shutters, 1 -30 openings 54.00 43.00
Shutters, each additional 10 openings or part 54,00 51.00
thereof over 30 5.00 5.00
* * * * *
Storefront
Storefront, per additional 100 square feet over 216.00 211.00
1,000 27.00 27.00
Moving buildings /structures
* * * * *
Per additional 1,500 square feet over 1,500 1,135.00 1,133.00
108.00 108.00
Concrete and paving
Concrete slabs and walkways per 1,000 square 408.00 52-00
feet 81.00 39.00
Paving/Wood Deck per 1,000 square feet 162.00 3600
81.00 21.00
* * * * *
Fences /walls
Fences and /or walls: Residential under 75 feet 162.00 X00
81.00 53.00
* * * * *
Fences and /or walls: Commercial 243.00 438-00
135.00 126.00
Railin • s Installation or Re.lacement 81.00 81.00
Awnings
Awnings, canopies and residential patio covers, 162.00 x-00
Awnings, canopies and residential patio covers -1 81.00 81.00
to 30 square feet - Single family homes(fabric
replacement no charge)
Awnings, canopies and residential patio covers -1 108.00 108.00
to 30 square feet-all other occupancies
Awnings, canopies and residential patio covers- 11.00 10.00
each additional 30 square feet-All occupancies
Carport Awning 81.00 81.00
Pool Heat Pumps(New) 27.00 27.00
Pool Heat Pumps(Replacement) 27.00 16.00
Electrical Permit Review Fees
Charging Stations - Single Family Residence 27.00 27.00
Charging Stations - Commercial (up to 5 units) 27.00 27.00
Charging Stations - Commercial (each additional 27.00 27.00
5 units)
AC unit replacement (single unit): Commercial 1-08.00 111.00
under 2,000 CFM 27.00 26.00
AC unit replacement (single unit): Commercial 1 -9-8-00 105.00
over 2,000 CFM 27.00 26.00
Landscaping (residential)Excludes Single Family 162.00 106.00
Residence
Landscaping(commercial) Up to 250 Square 162.00 123.00
Feet
Landscaping(commercial) Lot Size Up To 10,000 378.00 326.00
Square Feet
Landscaping(commercial) Lot Size Greater Than 757.00 712.00
10,000 Square Feet
* * * * *
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity or constitutionality of the
remaining portions of this Ordinance.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
ikon 51 3 it
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section ", "article ", or
other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 1 day of October 2011, which is at least ten (10) days
after adoption.
PASSED and ADOPTED on first reading this 13th day of July , 2011.
PASSED and ADOPTED on second reading this 14th day of Geptomber ,
2011.
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Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
T:\AGENDA\2011 \7 -13 -11 \Building Development Process Fees \Planning Ordinance Strikethrough.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ti 1`
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•
•
16NE I THURSDAY, AUGUST 25, 2011 NE
M I All I B EAC H
•
CITY OF MIAMI BEACH -
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of
the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami
Beach, Florida, on Wednesday, September 14, 2011, to consider the following:
10:15 a.m.
• ordinances Modifying To The Building, Fine, Planning And Public Works Department Fees Related To The Building
Development Process Implemented On February 1, 2010:
t Ordinance Amending Chapter 14 Of The City Of Miami Beach Code, Renaming Articles And Divisions; Amending
Fees, Clarifying Administrative Processes And Their Respective Fees; Creating A Process For Reevaluating Permit
Fees; Deleting Sections 14 -421 Through 14 -431, And 14 -466 Through 14 -698 In Their Entirety; And Amending
Appendix A By Modifying inspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other
Building Department Activities
2. Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50 -3 Thereof, Entitled
"Hans Examination, Inspection, Permits "; And Amending Appendix A, By Adding New Fees And Modifying The Fee
Schedule For The Fire Department Review Process.
x 3. Ordinance Amending Chapter 15 Of The City Of Miami Beach Code, Article II, Entitled "Zoning Review Fee Associated
• With The Building Process ", By Amending 15 -31 And Adding New Sections 15 -38 Through 15 -43, Thereof; And
Amending Appendix A, Adding New Fees And Modifying The Fee Schedule For Zoning Review Associated With The
Building Process
4. Ordinance Amending Chapter 98 Of The City Of Miami Beach Code, Article III, Division 2, Section 98 -92, Entitled
"Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees," By Amending Subsection (E),
Adding Subsections (F) Through (I); Amending Section 98 -94, Entitled "Refunds "; And Amending Appendix A By
Adding New Fees Arid Modifying The Fee Schedule For Public Works Review Associated With The Building Process.
Inquiries may be directed to the City Manager's Office (305) 673 -7010
10:20 a.m.
Ordinance Amending Chapter 110 Of The City Code. Entitled "Utilities," By Amending Article IV, Entitled "Fees, Charges,
Rates And Billing Procedure," By Amending Division 3, Entitled "Billing Procedure," By Amending Section 110 -191,
Entitl "Payment Of Bills," By Am 110-191(B) By Ch Th D D F Utility Bill T 21 Days From 15 Days •
From The Date Ot The Bill.
Inquiries may be directed to the Finance Department (305) 673 -7466 '
10:30 a.m.
Ordinance Of The Mayor And City Commission Of The City of Miami Beach, Florida, Amending Chapter 46 Of The Miami City
_ Code Entitled " Environment," By Amending Article IV Entitled "Noise" By Amending Section 46 -151, Entitled "Definitions,"
By Amending The Definition of Habitual To Conform To the Habitual Offender Language Set Forth In Subsections 46- 159(a)
(6) and (h), By Amending Section 46 -152, Entitled "Adoption Of County Code Section by Reference; Unnecessary And
Excessive Noises Prohibited," To Adopt The County's Noise Standards In Section 46 -152; By Amending Section 46 -158,
Entitled "Enforcement By Code Inspectors; Notice of Violation, Warnings; Responsibility To Provide Current Address," To
Remove Certain Language In Subsection (b)(2)That Is No Longer Relevant Due To The Passage Of Time; By Amending
Section 46 -159 Entitled "Fines and Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The
Habitual Offender Language In Subsection (h) To The Provision In Sections 46 -151 And 46- 158(a)(6).
inquiries may be directed to the City Manager's Office (305) 673 -7010
10:40 a.m.
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending
Chapter 130, "Off Street Parking ", Article 1i, "District Requirements ", By Amending Section 130 -31, "Parking Districts
Established ", To Expand The Boundaries Of The Existing Parking-Districts; By Amending Section 130 -33, "Off-Street
Parking Requirements For Parking Districts Nos. 2, 3 And 4," To Amend Regulations Pertaining To Parking Districts 2, 3, •
And 4; And By Amending Article V, "Fee In Lieu Of Parking Program," Section 130 -132, "Fee Calculation ", Reducing The -
Yearly Fee In Lieu Of Parking From The Current Three Percent Of The One -Time Payment To A Lesser Percentage.
Inquiries may be directed to the Parking Department (305) 673 -7275
INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in -
writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Drive, - Floor, City Hall, Miami
Beach, Florida 33139. Any of these items may be opened and continued and under such circumstances additional legal
notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. -
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate
in this proceeding, or to request information on access for persons with disabilities, or to request this publication in _
accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673 -7411, no
later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service
numbers, (800) 955 -8771 (TTY) or (800) 955 -8770 (VOICE). AD # 662