Ordinance 94-2959 ORDINANCE NO. 94-2959
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 AMENDING THE REVIEW FEE;
AMENDING SECTION 7,ENTITLED"PARKING REGULATIONS",AMENDING SUBSECTION
7-9, ENTITLED "SURPLUS AND UNDER-UTILIZED PARKING SPACES" BY AMENDING
THE APPLICATION FEE; AMENDING SECTION 12, ENTITLED "LIQUOR CONTROL
REGULATIONS",AMENDING SUBSECTION 12-1,ENTITLED"GENERAL PROVISIONS"BY
AMENDING THE APPLICATION REVIEW FEE; AMENDING SECTION 13 , ENTITLED
"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
PROCESSING FEE;AMENDING SECTION 14,ENTITLED"CHANGES AND AMENDMENTS",
AMENDING SUBSECTION 14-1, ENTITLED 'PETITION FOR CHANGES AND
AMENDMENTS" BY AMENDING THE APPLICATION FEES FOR CHANGES TO THE
ZONING ORDINANCE OR COMPREHENSIVE PLAN;AMENDING SECTION 16,ENTITLED
"BOARD OF ADJUSTMENT",AMENDING SUBSECTION 16-7,ENTITLED"POWERS AND
DUTIES"BY AMENDING THE APPLICATION FEES;AMENDING SECTION 17,ENTITLED
"PLANNING BOARD", AMENDING SUBSECTION 17-4, ENTITLED "CONDITIONAL USE
PROCEDURES"BY AMENDING THE APPLICATION FEES;AMENDING SUBSECTION 17-6,
ENTITLED"DIVISION OF LOTS/LOT SPLIT APPEAL PROCEDURES"BY AMENDING THE
APPLICATION FEES; AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD",
AMENDING SUBSECTION 18-2, ENTITLED "DESIGN REVIEW PROCEDURES" BY
AMENDING THE APPLICATION FEES AND PROVIDING THAT APPLICANTS SHALL BE
RESPONSIBLE FOR MAIL NOTICE RErQUIREMENTS;AMENDING SECTION 19,ENTITLED
•
"HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS",
AMENDING SUBSECTION 19-5,ENTITLED'DESIGNATION OF HISTORIC PRESERVATION
SITES, STRUCTURES, BUILDINGS, INTERIORS, IMPROVEMENTS, LANDSCAPE
FEATURES OR DISTRICTS"BY AMENDING THE APPLICATION FEES AND PROVIDING
THAT APPLICANTS SHALL BE RESPONSIBLE FOR MAIL NOTICE REQUIREMENTS;
AMENDING SUBSECTION 19-6, ENTITLED "ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR
DEMOLITION" BY AMENDING THE APPLICATION FEES AND PROVIDING THAT
APPLICANTS SHALL BE RESPONSIBLE FOR MAIL NOTICE REQUIREMENTS;AMENDING
SECTION 21,ENTITLED"ADMINISTRATION",AMENDING SUBSECTION 21-1 ENTITLED
"ENFORCEMENT"BY AMENDING THE FEE STRUCTURE FOR ZONING INTERPRETATION
LETTERS;PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,the City Commission has adopted a list of priority projects to be completed by the Planning,Design and
Historic Preservation Division;and,
WHEREAS,the Land Use and Development Committee concluded that adequate staff is required in order to implement
the projects on the priority list;and,
WHEREAS,it is necessary to increase the fees charged for the services provided by the Planning,Design and Historic
Preservation Division in order to complete the projects on the priority list as well as to adequately serve the Planning
Board,Board of Adjustment,Design Review Board and Historic Preservation Board.
1
•
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. Subsection 5-8,entitled"Division of Lot;Lot-Split"of Zoning Ordinance 89-2665 of the City of Miami
Beach,Florida is hereby amended as follows:
5-8 DIVISION OF LOT;LOT-SPLIT
* * *
B. Fees
There shall be a$100 $150 fee for review of an application for the division of Lot(s).
* * *
SECTION 2. Subsection 7-9,entitled"Surplus and Under-Utilized Parking Spaces"of Zoning Ordinance 89-2665 of
the City of Miami Beach,Florida is hereby amended as follows:
7-9 SURPLUS AND UNDER-UTILIZED PARKING SPACES
* * *
B. Under-utilized Parking Spaces
When a Building or Development contains required parking spaces that are being under-utilized,such
spaces may be leased to another party. However such spaces shall not be considered as Required
Parking spaces of the lessee. In order to determine if a Development has under-utilized spaces,the
Applicant shall submit an annual report to the Planning and Zoning Director substantiating this
finding. The Director shall approve or deny the report based upon the report of the City depai lucent
verifying the results of the annual report. An application fee of 499$150 plus$-2$5.00 per space
shall be paid for purposes of offsetting the cost of administrating this Section.
SECTION 3. Subsection 12-1,entitled"General Provisions"of Zoning Ordinance 89-2665 of the City of Miami Beach,
Florida 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$39 $65 shall be paid by an applicant requesting the review of an
application to the state for an alcoholic beverage license. The purpose of this charge is to
2
defray the cost to the City for: the verification of a correct occupational license,parking
impact fee and proximity to places of worship and/or schools;and,an area and establishment
inspection and any other zoning inspection and/or review that may be applicable to the
review of such an application. •
SECTION 4. Subsection 13-9,entitled"Procedure for Retention of Illegally Subdivided Units,Undersized Units or
Illegally Installed Kitchens"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended as
follows:
13-9 PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS,
UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS
A. Options
* * *
3. Establish these units as legally non-conforming by:
a. paying-$2-543$400 plus a processing fee of$34 75 per Unit which is in violation
to the Planning and Zoning Department;and,
* * *
SECTION 5. Subsection 14-1,entitled"Petition for Changes and Amendments"of Zoning Ordinance 89-2665 of the
City of Miami Beach,Florida is hereby amendedtas follows:
14-1 PETITION FOR CHANGES AND AMENDMENTS
A. An application for a change in a zoning district boundary,a substantial change in permitted Uses in
a zoning district or a change in the Future Land Use Map of the Comprehensive Plan may be
submitted to the Planning and Zoning Director by the City Manager,or upon an adopted motion of
the City Commission, Planning Board, Board of Adjustment, or Historic Preservation Board with
regard to the designation of Historic Districts, Sites or matters that directly pertain to historic
preservation, or by owners of a majority of Lot Frontage in the area which is the subject of the
proposed change,provided that the area shall contain not less than four hundred(400) feet of Lot
Frontage on one(1)public Street or a parcel of not less than eighty thousand(80,000)square feet.
B. A request to amend the Zoning Ordinance or Comprehensive Plan which does not affect zoning
district boundaries or substantially change permitted Uses in zoning districts may be submitted by
those eligible to submit an application pursuant to paragraph A above or by any Person who owns
property that is affected by the zoning regulations he wishes to amend.
C. The Applicant or his representative shall file an application with the Planning and Zoning Department
in accordance with a form approved by the City Attorney and shall supply all information pertinent
to the proposed amendment as requested by the Planning and Zoning Department.
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:
3
•
1. Amendment pursuant to paragraph A above. Change of zoning or change on the Future Land Use
Map of the Comprehensive Plan: $9&.4$0.10 per
square foot of Lot Area, plus $0.50 per mailing
addres .Proposals that involve a change of zoning
or Future Land Use Map changes shall pay $0.07
$0.10 per sq.ft. of Lot Area for each request.
Substantial changes in Permitted Uses: $650$750
per section of the Zoning Ordinance or
Comprehensive Plan.
2. Amendment pursuant to paragraph B above $650$750 per section of the Zoning Ordinance or
Comprehensive Plan.
* * *
SECTION 6. Subsection 16-7,entitled"Powers and Duties"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 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,fmding,or amend a decision.
1. Variances,Appeals from Administrative Decisions and Signs:
a. Single-Family Residences $439$175 filing fee plus$89$100
for each individual Variance
requested.
b. Parking Requirements $300 filing fcc plus $150 for cach
iftelivielttftittested
e-b. Multi-Family, Commercial, $699$750 filing fee plus $200
Industrial or mixed Use for each individual Variance
Development properties requested
c. Appeal from Administrative $6.99$750
Decision
e-d. Signs 5399 $400 plus $89 $100 per
Request
With the exception of Variances associated with single Family residences,the application
fee shall be supplemented by an additional$0.50$0.60 per mailing address.
4
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 $88$150 per Variance
b. Parking Rcquircmcnt3 $80 per Variancc; but not Ic3s than
$4443
e:b. Multi-Family, Commercial, $89$150 per Variance;'- -pro`
Industrial or mixed Use than$150
Development
d c. Appeal from Administrative $300 •
Decision
e-d. 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$300.00 $400.00 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.
SECTION 7. Subsection 17-4, entitled "Conditional Use Procedures" of Zoning Ordinance 89-2665 of the City of
Miami Beach,Florida 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
5
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.
* * *
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:
c. Conditional Use-when a fee has not $650.04 $800 plu3 $0.50 per mailing
been established for a specific Use mess
d. Adult Congregate Living Facility$659$800 plus$69$75 per bed plus$0.50 per
trtftilitt-ttrzififes.s,
2. A request for minor amendment to an approved Conditional Use,clarification of conditions
or an extension of time shall require a fee of$499$500.
3. A request for a substantial amendment to an approved Conditional Use shall require a fee
of$6-59$800 : . e. e : --. _ .. --
4. If an Applicant withdraws his application prior to the date of the public hearing and requests
a new hearing date, a fee of$800 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$658 $600 shall be required in order to file an Appeal of a Planning Board's
decision or a fee of$400 in order to file an Appeal of the Planning and Zoning Director's
decision. If notification of property owners is required, the fees shall be as set forth in
Subsection 17-4,F 1.
7. Any"After the Fact" application shall automatically incur double fees.
* * *
SECTION 8. Subsection 17-6,entitled"Division of Lots/Lot Split Appeal Procedures" of Zoning Ordinance 89-2665
of the City of Miami Beach,Florida is hereby amended as follows:
17-6 DIVISION OF LOTS/LOT SPLIT APPEAL PROCEDURES
6
I. Appeal. An Applicant may appeal a decision of the Planning and Zoning Director, made pursuant to
Subsection 5-8,to the Planning Board within forty-five(45)days of the date on which the Director issued a
written decision on the application.
A. 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 for the
establishment or separation of Building Sites shall pay the following fees:
a. Division of Lots;Lot split $500.00 $800 plus $0.50 per mailing
addre3a
2. If a deferment or an extension of time is requested by the applicant,an additional fee of$250
shall be assessed.
3. If a request for a deferral is submitted by the Planning Board, and not at the request of an
applicant,there will be no additional charge.
4. If the Applicant withdraws the application after it has been accepted by the Planning and
Zoning Department,the City shall refund 50%of required fees and no further refund shall
be made.
SECTION 9. Subsection 18-2, entitled "Design Review Procedures" of Zoning Ordinance 89-2665 of the City of
Miami Beach,Florida is hereby amended as follows:
18-2 DESIGN REVIEW PROCEDURES
* * *
D. Decision of Board
The Design Review Board shall consider each application at a public hearing,at which citizens shall have an
opportunity to express their opinions, present evidence and rebut all evidence presented. The Historic
Preservation and Urban Design Department shall provide the Applicant with advance notice of the hearing date
and time,including a copy of the agenda and the recommendation of the Department. Not less than 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 on a sign of no less than 11" x 17", and advertised in a paper of general paid
circulation in the municipality;notice shall also be given by mail to the owners of record of land lying within
375 feet of property. The mail notification requirement shall be the responsibility of the applicant.
Additionally,courtesy notice(s)shall also be given to any State of Florida nonprofit community organization
which has requested of the Director in writing to be notified of Board hearings. The Board shall approve,
approve with conditions or deny applications. The Board may require such changes in said plans and
specifications as in its judgment may be requisite and appropriate to the maintenance of a high standard of
architecture, as established by the standards contained in this Ordinance and as specified in the City's
Comprehensive Plan and other specific plans adopted by the City of Miami Beach pertaining to the areas
identified in Section 18-2,B.1. Upon approval of an application by the Board,the Historic Preservation and
Urban Design Director of his authorized representative shall stamp and Sign three(3)sets of plans. Two(2)
sets of plans shall be returned to the Applicant who may then submit an application for a Building Permit. The
7
3
remaining approved plans shall be part of the Board's official record and shall be maintained on file with the
Historic Preservation and Urban Design Department.
* * *
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: sz
1. An application requiring a hearing before the Board shall require a base fee of$400.00
$500.00 plus$0405 $0.0075 per square feet of floor area.
2. An application requiring staff review only for minor alterations and minor additions
including storefront replacement and storefront reconfiguration shall require a fee of$50.00
$100.00.
3 An application pertaining only to Signs.awnings and window replacements shall require a
fee of$50.00.
4. An application pertaining only to paint shall require a fee of$13.00$20.00.
5. If a deferment or clarification hearing is requested by the Applicant,an additional-$3&99
$400.00 fee shall be assessed.
6. If a deferment or clarification of conditions is requested by the Board, there will be no
additional fee.
7. If the Applicant removes his file from the agenda after it has been accepted by the Historic
Preservation and Urban Design Department,the City shall retain 50%of the application fee.
8. An application pertaining to extensions of time shall require a fee of$l00.09$400.00.
9. Any"after the fact"application shall incur double fees.
10. Minor rlcevisions to previously approved plans shall require a fee of$25.00 for reviews
conducted by staff and one-half(1/2)of the original fee for plans which were approved by
the Board.
11. Major revisions to plans previously approved by the Board shall require a base fee of
$150.00 plus one-half(1/2)of the original fee.
-1- 12. Appeal of a staff decision to the Board shall require a fee of$25.00$250.00 and an appeal
of a Board decision to the City Commission shall require a fee of one half(1/2)three-fourths
(NI of the original application fee. The fee shall be refunded if the applicant prevails in the
appeal.
13. An application pertaining to the re-hearing of a project shall require a fee of one-half('/2)of
the original fee.
8
The above fee schedule is provided to defray the costs associated with the Administration of this
Section.
SECTION 10. Subsection 19-5,entitled"Designation of Historic Preservation Sites, Structures,Buildings,Interiors,
Improvements,Landscape Features or Districts"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is
hereby amended as follows:
19-5 DESIGNATION OF HISTORIC PRESERVATION SITES, STRUCTURES, BUILDINGS, INTERIORS,
IMPROVEMENTS,LANDSCAPE FEATURES OR DISTRICTS
A. Historic Designation Procedure
1. Requests for Designation
* * *
c. Fees
(1) A request initiated by any entity other than the City Commission, a City
Board or other City Official as set out in Sec. 19-5A.1.a for Site
designation shall include an application fee of X00$750.00.
(2) A request initiated by any entity other than the City Commission,a City
Board or other City Official as set out in Sec. 19-5A.1.a for district
designation shall include an application fee of$10.00 per platted Lot.
* * *
4. Public Hearing - Notification
A public hearing on a proposed historic preservation designation shall be conducted by the
Historic Preservation Board within forty-five (45) days from the date a designation report
has been filed. The Property Owners of record within 375 feet of the property proposed
for designation shall be notified by mail of the public hearing at least fifteen(15) days in
advance of the hearing. This notification requirement shall be the responsibility of the
applicant. The area shall be posted, which includes a summary of the request, within
fifteen(15) days of the public hearing.
SECTION 11. Subsection 19-6,entitled"Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of
Appropriateness for Demolition"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended
as follows:
19-6 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/
CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION
* * *
B. Review Procedures
* * *
9
4. A Certificate of Appropriateness for the Demolition or partial demolition of Historic
Buildings,Historic Structures,Historic Improvements,Historic Sites,Historic Landscape
Feature or Buildings and Structures located within a Historic District(including a significant
architectural feature of a public area of a Historic or Contributing Building)shall only be
considered by the Board following a public hearing. Approximately fifteen(15)days prior
to the public hearing date, a description of the request with the time and place of such
hearing shall be posted on the property, it shall be advertised in a paper of general paid
circulation in the community,and notice shall be given by mail to the owners of record of
land lying within 375 feet of the property. The mail notification requirement shall be the
responsibility of the applicant. The Historic Preservation Board shall decide,based upon the
criteria set forth in Subsection 19-6C.6.d, whether or not to issue a Certificate of
Appropriateness for Demolition. A Demolition Permit shall not be issued until a Building
Permit for the new construction has been approved.
* * *
C. Decisions on Certificate of Appropriateness
* * *
6. Certificate of Appropriateness for Demolition
* * *
g. Fees-the below fees are for the purpose of defraying 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:
(1) . : . . e . . ... • . $700.00 for projects requiring
Board approval.$100.00 for projects reviewed by staff.
(2) If an Applicant withdraws the application prior to the date of the public
hearing and requests a new hearing date,a new fee is 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.
(3) If an Applicant withdraws an application prior to an advertised public
hearing,one-half('/2)of the fees paid shall be retained by the City.
* * *
SECTION 12. Subsection 21-1,entitled"Enforcement" of Zoning Ordinance 89-2665 of the City of Miami Beach,
Florida 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:
10
•
3
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. Thcrc Shall be a$75.00 ba3c application fcc. If plans arc reviewed, in addition to the ba3c
fcc,thcrc Shall be a charge of$.001 per square fcct for non rc3idcntial Buildings or$.25 per
- : • ::-- -- - --':-- :.' -.-. There shall be a fee of$100 for zoning
compliance letters in single family districts and $150 for all other districts or general
interpretation letters. There shall be a fee of $50 for confirmation of the zoning
classification and permitted uses on the site.
SECTION 13. 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 14. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are
herewith repealed. -
SECTION 15. SEVERABILITY. If any section, subsection,clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 16. EFFECTIVE DATE. This Ordinance shall take effect on the 17th day of
December , 1994.
PASSED and ADOPTED this 7th day of December / 994.
r i
MAYOR
ATTEST:
a
CITY CLERK
1st reading 11/16/94
2nd reading 12/7/94
Underlined=new language FORM APPROVED
Strike-fret =deleted language Legal Dept.
DJG/JGG By
C:\WP\FEEORD.WPD
October 6,1994 Date 1)-�12-�
October 26,1994
November 29,1994
11
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. of 1 1 -9
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
DECEMBER 7, 1994
FROM: Roger M.Canton
City Manager
SUBJECT:
SECOND READING-AN ORDINANCE OF 1HE;MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ZONING ORDINANCE NO. 89-2665 BY AMENDING
THE FEE SCHEDULE FOR APPLICATIONS REGARDING THE
BOARD OF ADJUSTMENT,DESIGN REVIEW BOARD, HISTORIC
PRESERVATION BOARD, PLANNING BOARD, ZONING
CHANGES AND AMENDMENTS, RETENTION OF ILLEGAL
UNITS, LOT SPLITS, ZONING INTERPRETATION LETTERS,
UNDERUTILIZED PARKING SPACES, AND THE SERVICE
CHARGE FOR REVIEW OF APPLICATIONS FOR A STATE
LIQUOR LICENSE.
RECOMMENDATION
The Administration recommends that the City Commission adopt on second reading the attached
ordinance(as revised on first reading)to amend the fee schedules contained within Zoning Ordinance
89-2665.
BACKGROUND
The City Administration, through the Planning Design and Historic Preservation Division, is
requesting to amend Zoning Ordinance 89-2665 as it relates to most fees imposed for planning,
zoning, design review and historic preservation services in the City of Miami Beach. The re-
structuring of these fees is seen as necessary to bring revenues more in line with departmental costs
and to make them commensurate with the services being provided.
The City Commission has approved a list of priority projects to be undertaken by staff over the
coming year. As part of that approval process,the Land Use and Development Committee concluded
that adequate staff is necessary to complete these projects, as well as, to adequately serve the
Planning Board, Board of Adjustment, Design Review Board and Historic Preservation Board.
During the discussion at the above referenced committee meeting, it was mentioned by a
representative of the Miami Beach Development Association that the fee structure for development A-'9
•
AGENDA ITEM R- - C;)F
DATE I�--J�O�/
•
ti
review approvals is less in Miami Beach than other municipalities in Dade County. It was suggested
that an increase in fees would be appropriate to bring them more in line with actual costs of providing
services, but also as a revenue source to pay for additional staff.
It is important to note that the fee structure was amended two years ago (1992); however, that
amendment was not fully comprehensive, dealing only with the following: Planning Board, Board
of Adjustment, Retention of Illegal Units, Ordinance Amendments, Interpretation of the Ordinance
and Review of Alcoholic Beverage License fees. Furthermore, since that time, many of these
procedures have become considerably more complicated in order to address legal issues, thereby
increasing the cost to the City in carrying them out.
On October 25, 1994, the Planning Board held a public hearing on the proposed amendment and
voted 7-0 to recommend approval of the amendment with a minor change relative to refunds and
zoning confirmation letters. On November 16 the City Commission adopted the amending ordinance
on first reading,by a vote of 7-0, with one further amendment to increase the fee for a Certificate of
Appropriateness to Demolish to $700.00.
ANALYSIS
Staff of the Planning, Design& Historic Preservation Division has examined all fees within Zoning
Ordinance 89-2665, and has recommended changes which it believes to be fair and commensurate
with the amount of staff time needed for each type of service. Some of these fees in question have
not been changed since 1989; others have been amended as recently as 1992, as described above.
Importantly, there has been an attempt to make the fee structure internally consistent so that there
is some degree of parity in application costs between each of the Boards which review projects.
Certain fees have not been proposed for change as it is believed that they are already correctly
established vis-a-vis actual costs and/or other proposed fees for related items.
Most of the amended fees do not require any explanation. However, some points need to be
emphasized.
a). The mailing fees are proposed to be removed for the Planning Board, Design Review
Board and Historic Preservation Board; it would be the responsibility of the applicant
to mail (and attest to said mailing) all required notices of public hearing.
b). For the Board of Adjustment, it is proposed that a separate fee structure for parking
requirements be eliminated; this fee is a holdover, we believe, from the time when
variances were granted for the required number of parking spaces.
c). For the Planning Board, it is proposed to differentiate between an appeal of a
Planning Board decision and an appeal of a decision of the Planning and Zoning
Director; the latter appeal would have a lesser fee. Also, "After the Fact"
applications are proposed to have a doubled fee.
130
d). Under Design Review procedures, storefront reconfiguration, replacements and minor
alterations/additions are established at one fee. A new fee would be established for
awning and window replacement review — the same as that for building signage.
Review of major revisions to Board approved plans is proposed to have a different
fee than that for a review of a minor revision(s). Finally, a fee is to be established for
re-hearings which is a new provision of the Code.
e). The Zoning Compliance Letter fee structure is proposed to be changed to distinguish
between single family districts and all other districts; the additional fee for plan
review is proposed to be removed. A reduced fee is being established for
confirmation of the zoning classification and permitted uses on a site.
It is important to note that revenues from fees for the Planning, Design and Historic Preservation
Division are currently running at approximately $250,000 per year. The amended fees are projected
to increase revenues between $62,500 and $75,000 (or 25%to 30%). This increased revenue has
already been budgeted for the current fiscal year to cover the costs of two new positions- a planner
and a clerk typist. The addition of this staff is critical to maintaining an acceptable level of service
to the public.
CONCLUSION
Based on the foregoing, the Administration recommends that the City Commission to adopt on
second reading this Ordinance to amend the fee structures contained in Zoning Ordinance 89-2665.
DJGVGG\[�1F'
c:ML.\wp 50\CM\1201 CM-94
131
a)
U
0
0
Q� rl
ill b r I
!V 0
a)
OA 1~
rT a)
•rI C7
0 O
Z NCein
�1
W a)
(� 9 00 •
L Z r 1 •
H U) •rr-I •
(1) 0 •
• f� .0 a) •
o ro ••
• •
o 1n
U 1/4O U)
%JD G
bQ N O
O I •H
-! O1 Cl)
'C3 00 .ri
a) • O
<4z
P-4
n
A