BIE - VARIANCE FEE WAIVERS FOR BUILDING RECERTIFICATION (6/20/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: July 23, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
VARIANCE FEE WAIVERS FOR BUILDING RECERTIFICATION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED,
"LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 2 OF THE MIAMI BEACH
RESILIENCY CODE, ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE
II, ENTITLED “GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES,” BY
AMENDING SECTION 2.2.3, ENTITLED “DEVELOPMENT APPLICATION SUBMISSION AND
REVIEW,” BY MODIFYING THE APPLICABLE PROVISIONS FOR LAND USE BOARD
APPLICATION FEES AND ESTABLISHING A PROCESS AND CRITERIA FOR THE CITY
COMMISSION TO CONSIDER A WAIVER OF REQUIRED FEES FOR VARIANCE
APPLICATIONS RELATED TO COMPLIANCE WITH APPLICABLE BUILDING
RECERTIFICATION REQUIREMENTS; AND PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
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Business Impact Estimate
Page 2
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
A summary of the proposed ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the ordinance, as well as in the recitals
to the ordinance itself, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 N
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:May 21, 2025 10:15 a.m. First Reading Public Hearing
TITLE:VARIANCE FEE WAIVERS FOR BUILDING RECERTIFICATION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION AND REVIEW
PROCEDURES,” ARTICLE ENTITLED “GENERAL DEVELOPMENT APPLICATION
AND HEARING PROCEDURES,” BY AMENDING SECTION 2.2.3, ENTITLED
“DEVELOPMENT APPLICATION SUBMISSION AND REVIEW,” BY MODIFYING
THE APPLICABLE PROVISIONS FOR LAND USE BOARD APPLICATION FEES
AND ESTABLISHING A PROCESS AND CRITERIA FOR THE CITY COMMISSION
TO CONSIDER A WAIVER OF REQUIRED FEES FOR VARIANCE APPLICATIONS
RELATED TO COMPLIANCE WITH APPLICABLE BUILDING RECERTIFICATION
REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for July
23, 2025.
BACKGROUND/HISTORY
On November 20, 2024, at the request of Commissioner Alex Fernandez, the City Commission
referred a discussion pertaining to fee waivers for variance applications related to building
recertification requirements (C4 R) to the Land Use and Sustainability Committee (LUSC). On
January 16, 2025, the LUSC recommended that the City Commission refer an amendment to the
Land Development Regulations of the City Code (LDRs) to the Planning Board, in accordance
with the recommendations in the LUSC memorandum and the following:
1. A provision to establish financial or other hardship shall be included in the draft ordinance.
2. A provision shall be included in the ordinance to prioritize variance requests at applicable land
use boards that are related to building recertification requirements.
On February 26, 2025, at the request of Commissioner Alex Fernandez, the City Commission
referred the subject ordinance to the Planning Board (C4 D).
ANALYSIS
Pursuant to the recommendation of the LUSC, the attached draft ordinance proposes that the
City Commission have the ability to waive land use board application fees for variance requests
by Resolution. This waiver would apply when a variance is requested to make repairs or
improvements that address deficiencies identified in a milestone inspection report (building
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recertification) for a residential building. The ordinance also includes recommendations from the
LUSC regarding financial hardship and the prioritization of variance applications related to
building recertification.
PLANNING BOARD REVIEW
On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
FISCAL IMPACT STATEMENT
The number of variance requests that would be eligible for the proposed fee waiver are expected
to be nominal. Additionally, all fee waivers would be subject to City Commission approval. As
such, no fiscal impact is expected.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing for July 23, 2025.
Applicable Area
Citywide
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
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Condensed Title
10:15 a.m. 1st Rdg PH, Variance Fee Waivers for Building Recertification. (Fernandez) PL
Previous Action (For City Clerk Use Only)
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