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Home My WebLink AboutO-13927City of Miami l i , J'f Legislation Ordinance: 13927 File Number: 7294 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/8/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ZONING AND PLANNING FEES"; MORE PARTICULARLY BY AMENDING SECTION 62-22 OF THE CITY CODE, TITLED "SCHEDULE OF FEES", SECTION 62-23 OF THE CITY CODE, TITLED "REQUEST FOR REVIEW AND APPEAL", AND SECTION 62-25 OF THE CITY CODE, TITLED "WAIVER OF FEES", TO PROVIDE CLARIFICATION AND UPDATES ON CERTAIN PLANNING AND ZONING FEES, TO CAP CERTAIN PLANNING AND ZONING FEES, AND TO PROVIDE CLARIFICATION FOR REFUND OF APPEAL FEES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), contains fees for planning and zoning requests including permits issued pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City of Miami ("City") wishes to clarify and make necessary adjustments to the fees relating to planning and zoning permits provided for in the Miami 21 Code; and WHEREAS, the City wishes to ensure that appeal fees do not impede access to the public hearing process; and WHEREAS, the City wishes to cap certain appeal fees; and WHEREAS, the City wishes to provide guidance as to how appeal fees may be refunded; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 62/Article VI of the Code of the is amended in the following particulars:' "CHAPTER 62 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 1 of 3 File ID: 7294 (Revision:) Printed On: 111612020 File ID: 7294 Enactment Number: 13927 PLANNING AND ZONING ARTICLE VI. ZONING AND PLANNING FEES Section 62-22. Schedule of Fees (b) Fee Caps. The maximum application fee to be charged any governmental agency other than the city for any public hearing shall be $1,000.00 per hearing. ii The maximum application fee to be charged any religious institution or any institution of an eleemosynary character for any Ghanne of a_n,+e public hearing shall be $1,000.00 per hearing;_Any institution so applying shall submit a copy of a recent affirmation letter from the Internal Revenue Service as well as a copy of its articles of incorporation to the director of the planning antes department or his/her authorized designee(s) for review prior to acceptance of the application. (c) All fees in excess of $25,000.00 shall be paid in the form of a certified check, cashier's check, or money order. (d) All applicants, persons, or organizations requesting a public hearing on any other item shall pay the advertisement fee and the notice fee pursuant to Section 62-22(a). Sec. 62-23. Request for review and appeal (a) Fees fnr anneals of Appeal fees for planning determinations of use-' - zoning interpretations-,,- mural appeals; any appeal of an appealable decisin by the Planning, Zoning and Appeals Board to the City Commission, including but not limited to a decision on an alternate method alley closure; or any other aGtieRs appeals otherwise not covered in the City Code thiG Ghapter p Fs aRt to Miami 21 ZeRiRg er/'i1r1aRGe' shall be accompanied by an appeal fee of $800.00; unless the decision applies to a specific property; and at least 60 percent of the property owners located within 500 feet of the subject property request an appeal in writing, then no appeal fee shall be charged. applinaRt at the time of initial ci 1hmiccinR of aR appliGatiGR fnr --y ,eri-rune and GFigiRal appliGatiGR fee, adveFt+semeFat fee, aR Nets^Gfee pa;m shall pay the applinahle FIGtiGe fee eR4 (b) Appeal fees for variances, exceptions, waivers, and warrants shall be the equivalent of the original application fee. Abutting property owners shall not be required to pay an appeal fee. City of Miami Page 2 of 3 File ID: 7294 (Revision:) Printed on: 111612020 File ID: 7294 Enactment Number: 13927 (c) The advertisement fee and the notice fee pursuant to Section 62-22(a) shall apply to all appeals. (d) Anneals [z^, An applicant or appellant, as applicable, that solely requests its application or appeal to be deferred, continued, or rescheduled by any body nr ` RAMR J I+erns rocnhpd- -'Rd ;;+ +ho annlinan+'c OF the annollan+'c request shall be assessed a rescheduling fee based on the original fee, not to exceed $1,000.00. Such fee ORG161doRg a!us_a4ve#i=&ig advertisement fee and notice fee, if rid- shall be paid by the applicant or appellant, as applicable, prior to the item being rescheduled. (e) The nlanninn Znninn and anneals heard nr the city commission may initiate a request for review;and such request shall be initiated only by duly adopted resolution of the commission. 19-Gard-vFthe pity GGITIMT66if' R aClsc�rrib��s SeG�n shall be d, io ;at the time of ea rocrhdi ilinn T�T'� (f) The maximum appeal fee to be charged for any appeal shall be $5,000.00 plus advertisement fee and notice fee. Sec. 62-25. Waiver and refund of fees. (a) Waiver of fees. The fees required under this chapter may be waived by the director of planning apd ZGRORg apd or the zoning administrator, as applicable, for entities and agencies of the city. (b) Refund of fees. Application, advertising, and noticing fees authorized by Section 62-22 and Section 62-23 shall not be refunded once remitted to the Citv. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 f i ria i Inde��z�City Hktor ey 8/27/2020 i ria i ndez, iky Aktvr iey 9/28/2020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 7294 (Revision:) Printed on: 111612020