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
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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:
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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.
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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.
* * *
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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
* * *
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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.
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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:
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(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.
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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.
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PAGE 4 OF 4
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