Ordinance 84-2446 ORDINANCE NO: 84-2446
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO.
1891; PROVIDING FOR AN AMENDMENT TO SECTION 7-1
PERTAINING TO INCREASING THE APPLICATION FEES FOR
CONDITIONAL USE APPLICATIONS INCLUDING ADULT
CONGREGATE LIVING FACILITIES AND THE RECORDING IN THE
CIRCUIT COURT OF A CONDITIONAL USE APPROVAL AND
REQUIRED CONDITIONS, IF ANY; PROVIDING FOR AN
AMENDMENT TO SECTION 13-.5D REMOVING THE OFFICIAL
DIRECTION OF CODE ENFORCEMENT AND REPLACING IT WITH
THE APPROPRIATE AGENCY; PROVIDING FOR AN AMENDMENT
TO SECTION 13-5 CREATING SUBSECTION 13-5C PERTAINING TO
THE RECORDATION OF THE BOARD OF ADJUSTMENT'S
FINDINGS IN THE CIRCUIT COURT; PROVIDING FOR AN
AMENDMENT TO SECTION 13-6 RELATING TO AN INCREASE IN
APPLICATION FEES FOR VARIANCES AND APPEALS FROM
ADMINISTRATIVE RULINGS; PROVIDING FOR AN AMENDMENT
TO 16-2D RELATING TO INCREASES IN APPLICATION FEES FOR
CHANGE OF ZONING AND ZONING AMENDMENT REQUESTS;
PROVIDING FOR INCLUSION WITHIN THE ZONING ORDINANCE
NO. 1891; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA;
SECTION 1: That Section 7, subsection 7-1, B of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
7-1,B5 FEES - The below fees are for the purpose of defraying expenses of public
notices and other administrative costs in connection with processing
applications:
a. Any applicant requesting and obtaining a public hearing before the Planning
Board shall pay the following fees:
1. Conditional Use - when a fee $29999 $400.00
has not been established for a plus $0.50 per
specific use mailing address
2. Planned Unit Development (PUD) as $200.00 plus $0.50 per
described in Section 6-4, K-2 mailing address
3. Adult Congregate Living Facility $400.00 plus $35.00 per bed
plus $0.50 per mailing
address
SECTION 2: That Section 13, subsection 13-5B is hereby amended as follows and 13-5, C
is hereby created to read as follows:
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13-5 Procedure.
A. Any person appearing before the Zoning Board of Adjustment on an
application for a variance from the provisions of this Ordinance shall be
administered the following oath by any person duly authorized under the
laws of Florida to administer oaths:
'I, , do hereby swear, under oath
that any and all testimony to be given by me in this proceeding is the truth,
the whole truth, and nothing but the truth, so help me God.'
1. Any person giving false testimony before the Zoning Board of
Adjustment on an application for a variance from the provisions of
this Ordinance shall be deemed to have violated the provisions hereof
and shall be subject to the maximum penalty prescribed by Section 2
of the Code of the City of Miami Beach, Florida. (1647)
B. Upon the withdrawal or final denial of an application for a variance from
the provisions of this Ordinance, no new application may be filed for such
variance within six (6) months following such withdrawal or denial, unless,
however, the decision of the Zoning Board of Adjustment taking any such
final action is made without prejudice, or unless the withdrawal of such
application is permitted to be made without prejudice. An application may
be withdrawn without prejudice by the applicant as a matter of right, if
such request is signed by the applicant and filed with the appropriate
agency D e€teF et Cede €A#eFeemeet prior to the giving of any notice
required by this Ordinance; otherwise, all such requests for withdrawal
shall be with prejudice, save and except that the Zoning Board of
Adjustment may permit withdrawals without prejudice at the time the
application for said variance is considered by the said -Board; provided
further that no application may be withdrawn after final action has been
taken. (1682)
C. Within a reasonable time after a request has been properly considered by
the Board of Adjustment, the applicant shall record in the Circuit Court
the action and conditions, if any. No building permit, Certificate of
Occupancy, Certificate of Completion or licensing permit shall be issued
until the recordation has been complied with. Prior to the recordation, the
City Attorney shall approve the instrument and is empowered to release
the conditions only upon agreement with the Planning Director that the
conditions are no longer applicable. If a question should arise as to the
release of any conditions, the Board of Adjustment is authorized to make
the appropriate determination.
2
SECTION 3: That Section 13, subsection 13-6, B of Ordinance No. 1891 of the City of
Miami Beach is hereby created to read as follows:
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 alledged 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.
1. Variances, Appeals from Administrative Decisions and Signs:
1T ARy perseR request}Rg and ebtatRiRg a pub-l- heaFtRg eR aRy app4datieR feF
a var aRee befefe the Beard sba14 pay dpeR the adeptfea of a metieR OF
FeseldtieR eafAg a publid beariRg the fel-IewiRg fees.
(a) Single-Family Residences $100 filing fee plus
$25 for each individual
variance requested
(b) Parking Requirements for $200 $19Q filing fee plus
allowable Commercial Use $100 $25 for each individual
in existing structures variance requested
(c) Multi-Family and Commercial $400 $299 filing fee plus
properties $100 $59 for each individual
variance requested
(d) Appeal from Administrative $250
Decision
(e) Signs $200
With the exception of variances associated with single family residences, the
fixed application fee shall be supplemented by an additional $0.50 per mailing
address.
2. If a deferment is requested by the applicant, an additional fee shall be assessed
as follows:
(a) Single-Family Residences $50
(b) Parking Requirements for $75 $59
Allowable Commercial Use
3
(c) Multi-Family and Commercial $1.50 $IAA
Properties
(d) Appeal from Administrative $150
Decision
(e) Signs $100
3. When an applicant requests a clarification of a previous Board of Adjustment
finding, a fee of $250.00 shall be assessed. Public Notice requirements listed in
Section 13-2 shall be applied.
4. If a deferment is given by the Board of Adjustment, and not at the request of an
applicant, there will be no additional fee.
5. If the applicant removes his file from the Agenda after it has been accepted by
the appropriate agency Cede €RfeFeereeRt Dtvisiea, the Board shall refund 50%
of all fees paid by the applicant and no further refund shall be made.
6. No public hearing shall be scheduled until the responsible agency has determined
the application to be complete and the fee paid.
SECTION 4: That Section 16, subsection 16-2D of the City of Miami Beach is hereby amended
to read as follows:
16-2 Petitions for Changes and Amendments
D. Any petitioner requesting and obtaining a public hearing on any application for
change of zoning or other amendment to this Ordinance shall pay, upon
submission of the application the followiong fees: •
1. Change of Zoning - WA when an applicant requests one of the below
districts, the following fee schedule shall apply plus $0.50 per mailing
address.
a. Single-Family Residential District - $0.03 per square foot of lot area.
b. Multiple Family Residential District - $0.06 per square foot of lot
area.
c. Commercial District - $0.10 per square foot of lot area.
d. All other Districts - $0.08 per square foot of lot area.
4
e. When an applicant requests a change of zoning involving multiple
districts, the fee shall be based on the lot area in each requested
district according to the above schedule.
2. Amendment to the Zoning Ordinance $350 per section of the
not involving a zoning change. Ordinance requiring
requiring newspaper noticing only. language modification.
3. Amendment to Zoning Ordinance $500 plus $0.50 per mailing
requiring individual mailing, address
plus newspaper notice.
The above fees are for the purpose of defraying expenses of public notices,
primarily postage and other administrative costs associated with said laeaag aAd
processing and analyzing the request.
SECTION 5: INCLUSION IN ZONING ORDINANCE NO. 1891.
It is the intention of the City Commission, and it is hereby ordained that the provision of this
Ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinance No.
1891 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 another
appropriate word.
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, sub-section, sentence, clause, phrase, or portion
of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
hold shall not affect the validity of the remaining portions of this Ordinance.
SECTION 8: EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after adoption, on
November 17 , 1984.
PASSED AND ADOPTED this 7thday of November , 1984.
AYOR
ATTEST:
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1st Reading - October 17,1984u
2nd Reading - November 7, 1984 5
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673.7010
COMMISSION MEMORANDUM NO.ein'841
DATE: OCT. 17, 1984
TO: Mayor Malcolm H. F • • ••: • aril,
Members of the • ty Comm' i i
FROM: Rob W. Park s A /A.�10'
City Manager ►k,r/
SUBJECT: PLANNING DEPARTMENT REQUEST TO AMEND THE APPLICATION
FEE SCHEDULE RELATING TO CONDITIONAL USES, VARIANCES, t
CHANGE OF ZONING REQUESTS AND AMENDMENTS TO THE ZONING
CODE
THE REQUEST
The Planning Department requests approval of the attached Ordinance which
comprehensively amends the fee schedule as listed in the Zoning Ordinance. The purpose of
the request is:
1. to modernize the methodology used in determining fees;
2. update the fee schedule to reflect direct administrative costs such as mailing, postage,
public notices; and,
3. to defray costs incurred in processing applications which are considered to be special
requests beyond the normal activities associated with the Department.
For informational purposes, the last time the fee schedule was comprehensively amended
was March, 1978. As there have not been any additional costs associated with single family
home variances, it is recommended the fees not be increased.
PLANNING DEPARTMENT ANALYSIS
1. Background - The Zoning Ordinance presently has fee schedules for conditional uses,
variances, change of zoning requests, and amendments to the Ordinance. The schedule
incorporates a rather simplified methodology which is based upon a uniform fee
regardless of the size project, area impacted by the zoning change or variances, or the
type of conditional uses. For example, the Ordinance presently requires all Change of
zoning requests to pay a flat fee of $500 regardless of the size of the area, nature of
the request, or intended use of the property. For conditional uses, all requests now
have a fee requirement of $200.00, however, ACLF's which require significant amount
of research in developing the staff report and recommendation, and attendance at
multiple workshops and public hearings have costs that exceed the base fee.
2. Proposed Changes - The Department proposes the following changes which are
incorporated into the attached Ordinance.
TYPE OF REQUEST EXISTING FEE PROPOSED FEE
Conditional Uses $200 $400 plus $0.50 per mailing address
PUD Site Plans $200 $200 plus $0.50 per mailing address Conditional Uses
ACLF $200 $400 plus $35.00 per bed, plus $0.50
per mailing address
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AGENDA eR—S—
ITEM
DATE 1 0-17— 8'/
COMMISSION MEMO
APPLICATION FEES
OCT. 17, 1984
PAGE TWO
Single Family $100 Filing fee No Change
$ 25 for each
variance
Parking in Commercial $100 Filing Fee plus $200 filing fee plus
Building $ 25 for each $100 for each variance
variance
Appeal From $250 No Charge Variances
Administration
Decision
Signs $200 $200
Change of Zoning $500 $.03 per sq. ft. of lot area in single family district
.06 per sq. ft. of lot area in multiple family district - ►
.10 per sq. ft. of lot area in commercial district
.08 per sq. ft. of lot area in all other districts
plus $.50 per mailing address
Amendment to the $350 $350 per section of the Ordinance requiring
Ordinance not involving language modifications
a zone change, but
requiring newspaper
notice
Amendment to the $500 $500 plus $0.50 per mailing address
Ordinance requiring
individual mailing plus
newspaper notice
The Ordinance also implements current administrative procedures by requiring applicants who
have received approval from the City Commission, Planning Board or Board of Adjustment to
record the affirmative action plus conditions in the Circuit Court.
3. Comparison with other municipalities - in developing the above fee schedule and
methodology, the Planning Department reviewed the procedures within 9 municipalities in
South Florida (see attached table) including Miami, Coral Gables, North Miami Beach, South
Miami, North Miami, Surfside, Hollywood, Ft. Lauderdale, and Dade County. Since 1978,
which is the last time the City of Miami Beach comprehensively updated its fee schedule,
these municipalities have increased their fees between 33% to 250%. . With regard to Miami
and Dade County their increases are 70% and 230% respectively.
The proposed schedule is representative of these increases as to methodology except for
ACLF's. It appears we have a unique situation which is related to the number of beds the
applicant is requesting as opposed to a more general categorical listing. Generally, the size
of the facility is associated with the number of beds and this has corresponded to the
expenditure of time and money far in excess of the existing $200.00 application fee. As
such, the proposed Ordinance requires a fee of $400.00, $35.00 per bed, and $0.50 per
mailing address.
IMPACT ON REVENUES
The below table indicates the projected impact on revenues. The FY 84-85 projection is based on
the number and type of applications submitted in FY 83-84. With the exception of variance fees
collected by the Development Services Department, the remaining applications are administrated
by the Planning Department.
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COMMISSION MEMO
APPLICATION FEES
OCT. 17, 1984
PAGE THREE
FY 83-84 FY 84-85
APPLICATION TYPE REVENUE PROJECTED REVENUE
Conditional Use $ 1,200 $ 2,602
Amendments to
Zoning Ordinance None None
Zoning District
Changes $ 1,300 $ 8,515
Variances $13,275 $16,425
ACLF $ 600 $ 5,940
TOTAL $16,375 $33,482 _ P
PLANNING BOARD ACTION AND ZONING ORDINANCE PROCEDURAL REQUIREMENT
On July 24, 1984, the Planning Board held a public hearing to consider the Ordinance. Following
the hearing, the Board unanimously recommended the City Commission approve the Ordinance.
As required by the Zoning Code, the Planning Board must submit its report and recommendation
to the City Commission which in order to further consider the request is required to hold a public
hearing. The attached Ordinance is submitted in compliance of this requirement.
ADMINISTRATION RECOMMENDATION
It is recommended the City Commission approve the Ordinance as recommended by the Planning
Board. The proposal amends the administrative fees as established in the Zoning Code with regard
to conditional uses, ACLFs, variances, change of zoning and amendments. Based upon the number
and type of last year's applications, it is estimated an additional $17,107 will be generated should
the Commission approve the Ordinance. The last time the fee structure was comprehensively
amended was in 1978.
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•
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COMPARISON OF ADMINISTRATIVE FEES WITH MUNICIPALITIES IN SOUTH FLORIDA
AVER AGE %
CONDITIONAL OF INCREASE
MUNICIPALITY USE FEE CHANGES OF ZONING/AMENDMENT FEE SINCE 1978
City of Miami $300 RS-1, RS-1.1, RS-2, RG-1, PD-H, PD-HC 70%
PD-MU, per sq. ft. of net lot
area $ 0.06
Minimum 300.00
RG-2, RG-2.1, RG-2.3, RO-1, RO-2.1.
per sq. ft. of net lot area... 0.06
Minimum 350.00
RG-2.2, RG-3, RO-3, per sq. ft. of
net lot area 0.08
Minimum 400.00
CR-1, CR-2, CR-3, 0-1, CG-1, CG-2,
WF-1, WF-R, I-1, I-2; SPI-1, 2, 5,
7, 8, 9, 11, 12, per sq. ft. of net
lot area 0.10
Minimum 500.00 _
CBD-1, SPI-6, per sq. ft. of net lot
area 0.12
Minimum 600.00
Coral Gables Planning Board Special Meeting $400 33.3%
Planning Board Regular Meeting $200
N. Miami Beach $100 Resi- $100 Residential 0%
dential
$200 Corn- $500 Commercial
mercial
South Miami $200 $250 80%
North Miami $100 $300 - application 300%
$650 - advertising
$1.55/address mailing
Surf side $150 first lot 50%
$ 50 each additional lot
City of Hollywood $450 $450 250%
Ft. Lauderdale Under 9,999 sq. ft. $400 Not Avail.
10,000 - 49,999 sq. ft $800
50,000 - 99,999 sq. ft. $1200
100,000 + $1600
Dade County $300 $450 230%
112% Average
•
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