92-2820 Ordinance
ORDINANCE NO.
92-2820
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-
2665 BY: AMENDING SECTION 12, "LIQUOR CONTROL
REGULATIONS", AMENDING SUBSECTION 12-1, ENTITLED
"GENERAL PROVISIONS" BY CREATING A SERVICE
CHARGE FOR THE REVIEW OF STATE LIQUOR LICENSE
APPLICATIONS; AMENDING SECTION 13,
"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 APPLICA TION FEE
STRUCTURE; AMENDING SECTION 14, "CHANGES AND
AMENDMENTS", AMENDING SUBSECTION 14-1, ENTITLED
"PETITION FOR CHANGES AND AMENDMENTS" BY
AMENDING THE APPLICATION FEE STRUCTURE;
AMENDING SECTION 16, "BOARD OF ADJUSTMENT",
AMENDING SUBSECTION 16-7, ENTITLED "POWERS AND
DUTIES" BY AMENDING THE APPLICATION FEE
STRUCTURE; AMENDING SECTION 17, "PLANNING BOARD",
AMENDING SUBSECTION 17-4, ENTITLED "CONDITIONAL
USE PROCEDURES" BY AMENDING THE APPLICA TION FEE
STRUCTURE; AMENDING SECTION 21, "ADMINISTRA TION",
AMENDING SUBSECTION 21-1, ENTITLED "ENFORCEMENT"
BY AMENDING THE APPLICATION FEE STRUCTURE FOR
ZONING INTERPRETATION LETTERS; PROVIDING FOR
INCLUSION IN THE ZONING ORDIN ANCE; PROVIDING FOR
A REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 12-1 of Section 12, "Liquor Control Regulations" of Zoning
Ordinance No. 89-2665, entitled "General Provisions" 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 $50 shall be oaid bv an aoolicant reauesting the
review of an aoolication to the state for an alcoholic beverage license.
The ouroose of this charge is to defray the cost to the City for: the
verification of a correct occuoational license. oarking imoact fee and
oroximity to olaces of worshio and/or schools: and. an area and
establishment insoection and any other zoning insoection and/or review
that may be aoolicablc to the review of such an aoolication.
* * *
1
../
SECTION 2. That Subsection 13-9 of Section 13, "Nonconforming Structures and Uses" of
Zoning Ordinance No. 89-2665, entitled "Procedure for Retention of Illegally Subdivided Units,
Undersized Units or Illegally Installed Kitchens" is hereby amended as follows:
13-9 PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS,
UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS
The following procedure is only applicable to zoning violation notices for Buildings or
Structures which contain units which are illegally subdivided, units which have
illegally installed kitchens and existing units which are below the minimum size
established by the City. Units shall be defined as Apartment Units, Hotel Units and
Adult Congregate Living Facility Units.
A. Options
* * *
3. Establish these units as legally non-conforming by:
a. paying $250 ~ plus a processing fee of $50 ~ per Unit which
is in violation to the Planning and Zoning Department, and
* * *
SECTION 3. That Subsection 14-1 of Section 14, "Changes and Amendments" of Zoning
Ordinance No. 89-2665, entitled "Petition for Changes and Amendments" is hereby amended as
follows:
14-1 PETITION FOR CHANGES AND AMENDMENTS
* * *
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:
l.
Amendment pursuant to
paragraph A above.
Change of zoning or change on
the Future Land Use Map of the
Comprehensive Plan: $0.07 ~
per square foot of Lot Area, plus
$0.50 per mailing address.
Proposals that involve a change
of zoning or Future Land Use
Map changes shall pay $0.07
~ per sq.ft. of Lot Area for
each request. Substantial
changes in Permitted Uses: $650
~ per section of the Zoning
Ordinance or Comprehensive
Plan.
2.
Amendment pursuant to
paragraph B above.
$650 ~ per section of the
Zoning Ordinance or
Comprehensive Plan.
* * *
SECTION 4. That Subsection 16-7 of Section 16, "Board of Adjustment" of Zoning Ordinance
No. 89-2665, entitled "Powers and Duties" 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, finding, or amend a decision.
2
1. Variances, Appeals from Administrative Decisions and Signs:
a.
Single-Family Residences
U2Q $+U filing fee plus ill
~ for each individual
Variance requested.
b.
Parking Requirements
$300 ~ filing fee plus
iliQ ~ for each
individual Variance
requested
c.
Multi-Family, Commercial,
Industrial or mixed Use
Development properties
$600 ~ filing fee plus
1liQ ~ for each
individual Variance
requested
d.
Appeal from Administrative
Decision
$600 ~
e.
Signs
UQQ ~ plus llQ ~ per
Request
With the exception of Variances associated with single Family residences,
the application fee shall be supplemented by an additional $0.50 per
mailing address.
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
$80 ~ per Variance
b,
Parking Requirements
$80 ~ per Variance; bu t not
less than $150 $+U
c.
Multi-Family, Commercial,
Industrial or mixed Use
Development
$80 ~ per Variance; but not
less than IDQ. ~
d.
Appeal from Administrative
Decision
$300 ~
e.
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 $2SQ,QQ 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.
* * *
3
SECTION 5. That Subsection 17-4 of Section 17, "Planning Board" of Zoning Ordinance No.
89-2665, entitled "Conditional Use Procedures" is hereby amended as follows:
17-4 CONDITIONAL USE PROCEDURES
* * *
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:
a.
Conditional Use - when a fee
has not been established for
a specific Use
~ $5QQ.OO plus $0.50 per
mailing address
b.
Adult Congregate Living
Facility
$650 $5QQ.O() plus $60 $# per
bed plus $0.50 per mailing
address
2. A request for minor amendment to an approved Conditional Use,
clarification of conditions or an extension of time shall require a fee of
$400 ~.
3. A request for a substantial amendment to an approved Conditional Use
shall require a fee of $650 $SOO.O() plus $0.50 per mailing address.
4. If an Applicant withdraws his application prior to the date of the public
hearing and requests a new hearing date, a fee of ~ ~ 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 ~ $500.00 shall be required in order to file an Appeal of a
Planning Board or Planning and Zoning Director's decision. If
notification of property owners is required, the fees shall be as set forth
in Subsection l7-4,F.
* * *
SECTION 6. That Subsection 21-1 of Section 21, "Administration" of Zoning Ordinance No.
89-2665, entitled "Enforcement" 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:
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. There shall be a $75.00 $50.00 base application fee. If plans are reviewed,
in addition to the base fee, there shall be a charge of $.001 per square
feet for non-residential Buildings or $.25 per Hotel or Apartment Unit
for residential Buildings.
* * *
4
SECTION 7. 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 8. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith repealed.
SECTION 9. SEVERABILITY. If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
ATTEST:
This Ordinance shall take effect on the
, 1992.
SECTION 10. EFFECTIVE DATE.
31st day of October
PASSED and ADOPTED this
1992.
~J",~~ L.
CITY CLERK
1st reading 10/8/92
2nd reading 10/21/92
Underlined words = new language
Strike oat = deleted language
June 24, 1992
July 7, 1992
August 7, 1992
A:\FEE-ORD.92
FORM APPROVED
LEGAL DEPT.
By J c..;>
Date 8 - 1--- ~ L-
5
CITY OF
MIAIVI.!
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 873-7010
FAX: (305) 873-n82
COMMISSION MEMORANDUM NO. ~ 5.L -92--
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: OCTOBER 21. 1992
FROM:
Roger M. ea.1,;.... n~,It.} /
City Manage;~L~"\.tl V
SUBJECT:
AMENDMENTS TO ZONING ORDINANCE 89-2665 PLANNING AND
ZONING FEE STRUCTURE CHANGES - SECOND READING
RECOMMENDA nON:
The City Administration recommends that the City Commission approve this Ordinance which
serves to amend Zoning Ordinance 89-2665 as it relates to certain fees imposed for planning
and zoning services in the City of Miami Beach. The Planning Board. at its meeting of July 28,
1992, recommended approval of this Ordinance by a vote of 6-0. The Finance Committee of
the Commission also reviewed this matter at its August 11,1992 meeting. The City Commission
approved this Ordinance on first reading on October 8, 1992.
BACKGROUND:
On a regular basis, the City monitors the fees it collects for planning and zoning services that
are provided to the community. Upon the most recent review, it was determined that a re-
structuring of these fees is necessary. not only to bring revenues more in line with departmental
costs, but to make the fees commensurate with the services being provided. A new service
charge is also being proposed for the purpose of defraying the cost of reviewing an application
for a State of Florida alcoholic beverage license.
The fees being requested are reflected in the City's Proposed Budget for FY92/93. The revised
and new fees proposed in the Ordinance for consideration would generate an additional $17.650
during the fiscal year commencing October 1, 1992.
AN AL YSIS:
The Planning and Zoning staff has based its recommendations for fee changes on the attached
tables. Table I - The Planning and Zoning Review Fee Comparison Chart - identifies fees
charged by Coral Gables, Miami. South Miami, and North Miami Beach. For some planning and
zoning review functions, Miami Beach charges less than neighboring municipalities; in others,
the charge is greater.
In addition, Table II details the estimated unit costs for work program tasks identified to be
undertaken by the Department. For example, we estimate that it costs the City an average
$994.54 to process each variance case, and the average fee received is $267. There is an even
greater discrepancy in the area of planning reviews (zoning amendments. conditional uses. etc.).
where the estimated average Department cost is $2.251.18. and the average fee received is $500.
For this reason, the Department is proposing a somewhat larger fee increase for the Planning
Board (30%) than for the Zoning Board of Adjustment (20%).
With regard to the fees proposed for Zoning Compliance Letters at $75 per letter (now $50) and
the procedure for the Retention of Illegally Subdivided Units. Undersized Units or Illegally
Installed Kitchens at $250 + $50junit in violation (now $200 + $35junit). the Administration
.has determined that such increases will close, but not eliminate, the gap between revenues and
the actual costs of undertaking these functions. The new service charge for the review of
applications to the State of Florida for an alcoholic beverage license is seen as quite reasonable
given the actual costs incurred in the review process done by staff.
· 1CO
DATE
R -~ ~3
lO, 2\ -C)v
AGENDA
ITEM
Table III summarizes the fee changes proposed and a breakdown of the additional revenues
expected to be generated for FY 92/93.
CONCLUSION:
Based on the foregoing, the Administration has concluded that the proposed changes to fees
charged for planning and zoning services are reasonable and will help to further offset the
actual costs incurred by the City to provide these services. The Planning Board has drawn a
similar conclusion, recommending unanimous approval 6-0, of the proposed amendment to the
Zoning Ordinance.
RMC:DJG:jm
Attachments
commisn \92f ees.92
IGl
2