The URL can be used to link to this page

Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading rd a [a 1I7.-AiWZ Date: 07/12/2022 Requesting Department: Department of Planning Commission Meeting Date: 11/17/2022 Sponsored By: Type: Ordinance District Impacted: All Subject: Amend Code - Chapter 62 - Planning and Zoning Fees PURPOSE OF ITEM: This City Administration respectfully requests approval to amend Chapter 62 of the Code if the City of Miami, Florida, as amended, titled "Planning and Zoning", particularly by amending Article VI, Section 62-22, titled "Zoning and Planning Fees/Schedule of Fees"; Section 62-23 of the City Code, titled "Zoning and Planning fees/Request for Review and Appeal"; Section 62-25 of the City Code, titled "Zoning and Planning Fees/Waiver and Refund of Fees"; and Article VI I, Section 62-32 of the City Code, titled "Historic and Environmental Preservation Board/Schedule of Fees," to provide the yearly review of fees and associated language within so adjustments, if necessary, are made as part of sound fiscal and process maintenance; containing a severability clause and providing for an effective date. BACKGROUND INFORMATION: Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), provides the fee schedule for planning and zoning matters, including the processing of administrative entitlements, covenants, public hearing applications, and construction plan reviews by the Planning Department and Office of Zoning. For the first time in over 12 years, in 2021, the City conducted a comprehensive review and replacement of all fees in Chapter 62. The City wishes to update fees to have expenses incurred by specialized planning and zoning permit applications to be covered by fees paid by applicants rather than being subsidized by the City's general fund. The updated fees and language ensure that City costs do not exceed the fees charged to applicants for services but are calibrated to more closely recover actual costs. It is necessary to make all fees within Chapter 62 of the City Code comprehensive so there are no conflicts with any other portions of the City Code and the Miami 21 Code. The City wishes to ensure that it provides a path through which waivers for economic hardship can be provided to eligible applicants. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 City Commission Department of Planning Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed By Nicole Ewan Meeting Lakisha Hull AICP LEED AP BD+C 08/18/2022 6:07 PM Completed 07/28/2022 9:00 AM Department Head Fred Pericles Budget Analyst Review Completed Marie Gouin Budget Review Completed Nzeribe Ihekwaba Assistant City Manager Review Completed Valentin J Alvarez Legislative Division Review Completed Arthur Noriega V City Manager Review Completed George K. Wysong III ACA Review Completed Victoria Mendez Approved Form and Correctness Completed Nicole Ewan Meeting Completed Valentin J Alvarez Legislative Division Review Completed George K. Wysong III ACA Review Completed Victoria Mendez Approved Form and Correctness Completed Maricarmen Lopez Meeting Completed Mayor's Office Unsigned by the Mayor Completed City Clerk's Office Signed and Attested by the City Clerk Completed City Clerk's Office Rendered Completed 09/12/2022 3:52 PM 09/12/2022 4:08 PM 09/13/2022 4:01 PM 09/14/2022 3:18 PM 09/15/2022 4:20 PM 10/03/2022 6:50 PM 10/03/2022 7:37 PM 10/13/2022 9:00 AM 11/04/2022 1:25 PM 11/07/2022 9:24 AM 11/07/2022 2:25 PM 11/17/2022 9:00 AM 11/22/2022 11:40 AM 11/22/2022 12:09 PM 11/28/2022 3:55 PM City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 - City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14120 File Number: 12275 Final Action Date: 11/17/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING"; MORE PARTICULARLY BY AMENDING ARTICLE VI, TITLED "ZONING AND PLANNING FEES, SECTION 62-22, TITLED "SCHEDULE OF FEES"; SECTION 62-23 OF THE CITY CODE, TITLED "REQUEST FOR REVIEW AND APPEAL"; SECTION 62-25 OF THE CITY CODE, TITLED "WAIVER AND REFUND OF FEES"; AND ARTICLE VII, SECTION 62-32 OF THE CITY CODE, TITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD/SCHEDULE OF FEES," TO PROVIDE THE YEARLY REVIEW OF FEES AND ASSOCIATED LANGUAGE WITHIN SO THAT ADJUSTMENTS, IF NECESSARY, ARE MADE AS PART OF SOUND FISCAL AND PROCESS MAINTENANCE; 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"), provides the fee schedule for planning and zoning matters, including the processing of administrative entitlements, covenants, public hearing applications, and construction plan reviews by the Planning Department and Office of Zoning; and WHEREAS, the City wishes to update fees to have expenses incurred by specialized planning and zoning permit applications to be covered by fees paid by applicants rather than being subsidized by the City's general fund; and WHEREAS, these fees are charged in exchange for a particular governmental service; the services benefit the party paying the fee in a manner not shared by other members of society; and the fees are paid by choice, in that the party paying the fee has the option of not utilizing the governmental service and thereby avoiding the charge; and WHEREAS, the updated fees and language ensure that City costs do not exceed the fees charged to applicants for services, but are calibrated to more closely recover actual costs; and WHEREAS, it is necessary to make all fees within Chapter 62 of the City Code comprehensive so there are no conflicts with any other portions of the City Code and the Miami 21 Code; and WHEREAS, the City wishes to ensure that it provides a path through which waivers for economic hardship can be provided to eligible applicants; and WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on July 6, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-016 by a vote of nine to zero (9 - 0), Item No. PZAB. 1, recommending Approval of the Zoning Text Change with a recommendation that the proposed ordinance be further amended to change the pre - City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 application fee for Historic Resource Nomination from $500 to $0 because there is no incentive for people to nominate properties as historic; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 of the City Code is amended in the following particulars:' "CHAPTER 62 PLANNING AND ZONING ARTICLE VI ZONING AND PLANNING FEES Sec. 62-22. Schedule of Fees (4) Table of fees. Pre -Application Meeting Required/ Recommended Fee Rezoning Required $500.0 SAP Designation Required 500.00 FLUM Required 500.00 Variance RequiFed Recommended 500.00 Major Use Special Permit (MUSP) RequiFed Recommended 500.00 Major Use Special Permit MUSP Modification RequiFed Recommended 500.00 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 unchanaed material. City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Pre -Application Meeting Required/ Recommended Fee Exception ReqHiFed Recommended 500.00 Special Appearance ReqHiFed Recommended 500.00 Historic Resource Nomination ReqHiFed Recommended 500.00 Temporary Use(s) on Vacant Land Required 500.00 Interim Parking Required 500.00 Special District Permits ReqHiFed Recommended 500.00 Special Area Plan Permits SAP Recommended 500.00 Class II Special Permit ReqHiFed Recommended 500.00 Class II Special Permit Modification ReqHiFed Recommended 500.00 Warrant Modification RequiFed Recommended 500.00 Affordable/Workforce Housing Warrant RequiFed Recommended 500.00 Minor Modification (A Change That Does Not Modify Density, Intensity, or Height) Required Recommended 500.00 Expansion to Transit Oriented Development, Pedestrian Shed/Bicycle Shed Network Proposal Required Recommended 500.00 Vacation and closure via Platting Recommended 500.00 Special Certificate of Appropriateness Recommended 500.00 ffecial Certificate of Approval Recommended 500.00 City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Pre -Application Meeting Required/ Recommended Fee Warrant Recommended 500.00 Waiver Recommended 500.00 Waiver Modification Recommended 500.00 (g) Administrative permit. (1) All administrative permit fees shall be invoiced and collected by the planning department or the office of zoning, as applicable, from the applicant before any work is initiated by city staff, unless exempted by subsection (c). (2) In the table of fees below, each fee has a flat fee or a minimum fee with additional fees based on square footage. Fees per square foot amount apply to the additional square footage that exceeds any indicated base fee allowance, as applicable. (3) Table of fees. Fee Administrative Permit Type Flat Fee Minimum Per Fee Square Foot Credit from Pre -Application Fee, If Applicable $-250.00 — Application Fee (Warrants) —Upfront Fee 200.00 Special Area Plan Permit Application Entitlement Fee Due — 475.00 0.05 Prior to Issuance of Notification Letter Base Fee for Structures Up to 9,500 Square Feet Warrant Application Entitlement Fee (Due Prior to Issuance of Notification Letter) (Base Fee for Structures Up to 9,500 — 475.00 0.05 Square Feet) Warrant —Additional Warrants Beyond the First in an 475.00 0.05 Application SEE WAIVERS ADDITIONAL Warrant —Sign Entitlement Fee (Due Prior to Issuance of Notification Letter) 475.00 — Warrant —Sign Package (SF Based on Gross Sign Area) — 1,500.00 150.00 100% Warrant —Modification Original — Fee Warrant —After -The -Fact (Legalization) Single- Family/Duplex 950.00 City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Fee Administrative Permit Type Flat Fee Minimum Per Fee Square Foot Warrant —After -The -Fact (Legal ization—AII Other Uses for 1,900.00 Structures Up to 9,500 Square Feet) Warrant -After -The -Fact (Legalization —All Other Uses for Structures 9,501 Square Feet and Over) (Base Fee for 1,900.00 0.15 Structures Up to 9,500 Square Feet) Application Fee (Waivers) —Upfront Fee 200.00 Waiver —After -The -Fact (Legalization —Single- 950.00 Family/Duplex) Waiver —After -The -Fact (Legalization —All Other Uses for 1,900.00 — Structures Up to 9,500 Square Feet) Waiver —After -The -Fact (Legalization —All Other Uses for Structures 9,501 Square Feet and Over) (Base Fee for 1,900.00 0.15 Structures Up to 9,500 Square Feet) Waiver —Entitlement Fee (Due Prior to Issuance of Notification Letter) (Base Fee for Structures Up to 9,500 475.00 0.05 Square Feet) Waiver —Additional Waiver(s) Beyond the First in an 150.00 Application Single Family -Duplex (Each Additional Waiver) Waiver- Additional Waivers Beyond the First in an Application 475.00 Each Additional Waiver All other Uses Waiver —Demolition Entitlement Fee (Due Prior to 225.00 Issuance of (Notification Letter) 50% Waiver —Modification Original Fee Waiver Extensions of Time $225.00 Preliminary Zoning Review (Single -Family Duplex) Base 475.00 .05 Fee for Structures up to 9,500 Square Feet Preliminary Zoning Review -All other Uses 1000.00 .05 Alcoholic Beverage Application (Per Chapter 4—License 300.00 review) City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Fee Administrative Permit Type Flat Fee Minimum Per Fee Square Foot Assisted Living Facility Reservations/Applications 295.00 2-99 Class II Special Permit (Zoning Ordinance 11000) (Base — 475.00 0.05 Fee for Structures up to 9,500 Square Feet) Temporary Occupancy Permit 500.00 — Temporary Use(s) on Vacant Land (Base Fee for Lot Area 475.00 0.05 up to 9,500 Square Feet) 100% Temporary Uses on Vacant Land Extensions of Time OLLqlnal Fee 100% Temporary Uses on Vacant Land Modifications Original Fee Temporary Event, Other Permit 250.00 — Garage Sales 25.00 Transfer of Development Density and/or Density (TDR; 200.00 — TDD): (Zoning Review) TDR and/or TDD: Certificate of Eligibility (Non -Historic) 200.00 TDR and/or TDD Certificate of Transfer -Base Fee (Non- 300.00 Historic) TDR: Certificate of Transfer —Square footage (Non- 0.06 Historic) TDD: Certificate of Transfer —Per dwelling unit (Non- 200.00 Historic) Zoning Verification Letter Per Folio (Standard) Addressing zoning designations, permitted uses, certificates of use, 200.00 and land use Zoning Verification Letter Per Folio (Complex/Non- Standard) Addressing matters pertaining to zoning not 400.00 — covered in the Standard Zoning Verification Letter (h) Staff review. City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 (1) All fees in staff review shall be invoiced and collected by the planning department or the office of zoning, as applicable, from the applicant before any work is initiated by city staff. (2) Non-refundable plan review fees in accordance with this chapter shall be paid upon completion of reviews and prior to issuance of any permits. In the case of an applicant cancelling an application or the city cancelling an application due to the applicant becoming non -responsive and ultimately abandoning a permit application after plan reviews are completed, fees will be not be refundable. (3) In the table of fees below, each fee has a flat fee or a minimum fee with additional fees based on square footage. Fees per square foot amount apply to the additional square footage that exceeds any indicated base fee allowance, as applicable. (4) Projects not approved after the sixth review shall be terminated with no refund of fees. (5) Table of fees. Minimum Fee Per Staff Review Type Flat Fee Fee Square Foot Planning Review not covered elsewhere in this $295.00 — Chapter Zoning Review (Warrant or Similar Permit) 295.00 — Zoning Review (Exception) —Maximum $3,000.00 (Base Fee for Structures Up to 500 — 275.00 0.55 Square Feet) Zoning Review (SAP or Similar Permits) - Maximum $3,000 (Base Fee for Structures Up 275.00 0.55 to 500 Square Feet) Zoning Review (Variance) (Single 275.00 Family/Duplex) Zoning Review (Variance) (All Other Uses) — Maximum $3,000.00 (Base Fee for Structures 275.00 0.55 Up to 500 Square Feet) Resilience & Public Works Review (Compliance with the provision of the Miami 21 275.00 Code and miscellaneous zoning fees) Staff Review -Third Consecutive and Each 495.00 — Subsequent Review Interim Parking Lot (Zoning Review) 1,000.00 Interim Parking Lot (Resilience & Public Works 525.00 Review) City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Minimum Fee Per Staff Review Type Flat Fee Square Fee Foot Interim Parking Lot Extensions of Time 1,000.00 Joint Plans Review -Building Permits (every two 276.00 — hours per discipline) Expedited Overnight Review Building Permits At Cost plus 10% (Outside Source Review) Administrative Fee Expedited Overnight Review Building Permits (In -House Review) (every four hours per 350.00 discipline) Extension Per Executive Order $50.00 Planning Review -Proposed expansion of 1 500 bicycle or pedestrian shed for TOD expansion. Transfer of Ownership or Operator Miami 21 Special Permits)295.00 Extension of Time via Invocation of State of 295.00 Emergency (i) Covenants (also includes releases, modifications, unities of title, covenants in lieu of unity of title, and similar documents). (1) All fees in staff review of covenants shall be invoiced and collected by the planning department or the office of zoning, as applicable, from the applicant before any work is initiated by city staff. (2) In the table of fees below, each fee is a flat fee. (3) Table of fees. Covenants (also includes releases, modifications, unities of title, covenants in lieu of unity of title, and similar documents) Flat Fee Covenant Application $200.00 Covenant Review —Zoning 295.00 Covenant Review —Planning 295.00 Covenant Review —Resilience and Public Works 295.00 Covenant Recording Fee At Cost City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 0) Other services. (1) The table of fees below is a list of various services provided by the planning department and office of zoning. (2) Table of fees. Administrative Function Flat Fee Minimum Other Description Fee Fees Change of Applicant/Point of Contact/Representative Fee $100.00 (Per Instance) Map and GIS Analysis/Production ("Geo-Planning 35.00 Requests") per Scanning Fee At Cost School Concurrency Staff Processing for Public Hearings 150.00 and Entitlements School Concurrency Staff Processing of Informational 50.00 Letter School Concurrency Staff Processing of Proportionate Fair 1,000.00 Share Mitigation Agreement Traffic Study 6,000.00 Trip Generation Statement Fee pursuant to Comprehensive Plan policy TR-1.1.3 (This fee is fully creditable towards a 1,000.00 Traffic Study if required) Future Land Use Verification Letter (Per Folio) 200.00 Concurrency Letter 200.00 Document Certification (Per Page) 3.00 Updating or Changing Address (Per Address) 100.00 Updating or Changing Address (Per Suite/Unit or for Lien 50.00 Search) Alternate Method of Closure (Not via Platting) 2-W 295.00 Community Workshop, Planning Staff 1,000.00 Community Workshop, Zoning Staff 1,000.00 City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Administrative Function Description Flat Fee Minimum Fee Other Fees TOD Expansion: Planning Director Determination Memorializing Expansion Based on Planning & Resilience 5,000.00 and Public Works Reviews (k) (1) Application requiring public hearing. a. No less than 50 percent of public hearing fees shall be invoiced and collected by the planning department or office of zoning, as applicable, from the applicant at the time of pre - application submittal. This fee shall not be refunded once payment has been remitted to the city. b. The remaining balance due for a submission requiring public hearing shall be invoiced and collected by hearing boards from the applicant no later than ten business days from the date on which the application was referred to hearing boards with the appropriate stamp from the electronic plans review system. This fee shall not be refunded once payment has been remitted to the city. C. Applicants who have not remitted all of the public hearing fees invoiced by hearing boards within 180 days from the date on which the application was batch -stamped in the electronic plans review system (or successor system) and referred to hearing boards shall have their application terminated and closed. Applicants who wish to have their projects reconsidered after an application has been terminated must submit new applications and pay all applicable fees for those new applications. (2) In the table of fees below, each fee either has a flat fee or a minimum fee with additional fees per square foot. Fees per square foot amount apply to the additional square footage that exceeds any indicated base fee allowance, as applicable. (3) Table of fees. Minimum Fee Per Application Fees Flat Fee Fee Square Foot Credit from Pre -Application Fee, If Applicable $-250.00 — — Comprehensive Plan Amendment (Small Scale —Base 12,000.00 0.15 fee for up to 2 Acres of Lot Area) Comprehensive Plan Amendment Non -Substantial Change Fee after Batch Stamp (All Types of Comprehensive Plan Amendments) Changes to the Following Are Included: Letter of Intent; Applicant 10% Original Analysis; Supplementary Materials for Staff Analysis Application — — (All other changes, including corrections to legal Fee descriptions and addition or subtraction of square footage to the application requires a new application and a new pre -application, subject to new fees.) City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Minimum Fee Per Application Fees Flat Fee Fee Square Foot Comprehensive Plan Amendment—FLUM—(Expedited State Review —Base fee for up to 10 acres if this 20,000.00 0.15 process is required due to the size of the property) Comprehensive Plan Amendment—FLUM—For Category A Properties listed in Appendix PA-1 of the 25,000.00 0.30 MCNP, subject to Expedited State Review —Base fee for up to 2 acres Comprehensive Plan Amendment—FLUM—Subject to the Port of Miami River Sub -Element (Category A At Cost — — Property): Market Study Peer Review Comprehensive Plan Amendment—FLUM—Subject to the Port of Miami River Sub -Element (Category B 20,000.00 0.30 Property) Base fee for up to 2 acres Rezoning (Changes from Any Transect [Except D3] to: T3, T4, T5, CS, Cl, D1, D2, D3)—Base fee for up to 2 12,000.00 0.15 acres Rezoning (Changes from Any Transect [Except D3] to: 20,000.00 0.27 T6 or CI -HD) —Base fee for up to 2 acres Rezoning (Changes from D3 to any Transect)—Base 25,000.00 0.30 fee for up to 2 acres Rezoning Application Non -Substantial Change Fee after Batch Stamp (All Types of Rezoning Applications) Changes to the Following Are Included: Letter of Intent; 10% Original Applicant Analysis; Supplementary Materials for Staff Application — — Analysis (All other changes, including corrections to Fee legal descriptions and addition or subtraction of square footage to the application require a new application and a new pre -application, subject to new fees.) Special Area Plan 30,000.00 Special Area Plan, Fee per square foot in excess of 9 0.30 acres Development Agreement or Modification of 8,500.00 — — Development Agreement City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Minimum Fee Per Application Fees Flat Fee Fee Square Foot Special Area Plan Amendment after Adoption: 60% of Modification of either the Regulating Plan or the Original Fee Concept Book for each SAP Amendment after Adoption: Change to Square 0.30 Footage Variance —T3 Transect 1,500.00 — — Variance—T3 Transect, Fee for Each Additional 150.00 — — Variance Beyond the Original Variance —Outside T3 Transect 2,500.00 — — Variance —Outside T3 Transect, Fee for Each 1,500.00 — — Additional Variance, Per Request Modification of Approved Variance Original Fee — — Variance —After -the -fact legalization or to remedy a 4 x 100% of violation the Fee Exceptions Only Requiring PZAB Review for CS or T3 1,500.00 — — Exceptions Requiring City Commission Review for CS 2,500.00 — — or T3 Exception for Modification of a Major Use Special 5,000.00 1.00 Permit not Involving Phases for the Modification Exception for Modification of a Major Use Special Permit That Includes Phases or Expands Phases, Per 12,000.00 2.50 Phase Exception —Modification of Approved Exception Original Fee — — Exception (CS, T3 Transects—Single-Family/Duplex 1,000.00 — — Residential Uses), Fee for Each Request, Per Folio Exception (All Transects Other Than CS and T3, Only Requiring PZAB Hearing), Fee for Each Request, Per 2,000.00 — — Folio Exception (All Transects Other Than CS and T3, Requiring City Commission Hearing), Fee for Each 3,500.00 — — Request, Per Folio Exception for Projects with Affordable Housing as 500.00 — — Defined by the Miami 21 Code —Fee for Each Request, City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 Minimum Fee Per Application Fees Flat Fee Fee Square Foot Per Folio Exception —Extension of Time 750.00 — — Exception -After -the -Fact Legalization or Remedy of a 4 x 100% of Violation the Fee Exception Application Non -Substantial Change Fee After Batch Stamp (All Types of Exception Applications) Changes to the Following Are Included: Letter of Intent; Applicant Analysis; Supplementary 10% Original Materials for Staff Analysis. (All other changes, Application — — including corrections to legal descriptions and addition Fee or subtraction of square footage to the application require a new application and a new pre -application, subject to new fees.) Vacation of Right -Of -Way 3,000.00 2.00 Other Application, Requiring Public Hearing That Must 1,500.00 — — Be Heard Only by PZAB Other Application, Requiring Public Hearing That Must 2,500.00 — — Be Heard Only by City Commission Appearance for Review and Recommendation Before an Advisory Board, a Committee, or a Quasi-judicial Board for which the Planning Department or Office of 350.00 — — Zoning are Liaisons (excludes any Code Enforcement Board) Request to Modify TOD Areas 3,500.00 Remanded Application by a City of Miami Board, Per 50% Original Application — — Instance Fee 100% Remanded Application by a Court of Law, Per Instance Original Application Fee (1) Noticing, advertising, property posting fees for public hearings. (1) One hundred percent of application fees shall be invoiced and collected by hearing boards from the applicant no later than ten hs days from the date on which the application was referred by the planning department or office of zoning, as applicable, to hearing boards. City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 (2) Applicants who have not remitted 100 percent of noticing, advertising, and property posting fees within 180-days 135 days from the date on which the application was referred to hearing boards shall have their application terminated and closed on the 136t" day. (3) Public hearing mail notice, newspaper advertising, and property posting fees must be paid before being scheduled on an agenda. (4) For every instance in which a decision -making body indefinitely defers an item at the request of an applicant, whether solely or jointly, the applicant shall bear the cost of all noticing, advertising, and posting of properties, as applicable. (5) For every instance in which a decision -making body makes a motion 'vitiated by toe s+t-y, at the request of one of its members or the City Administration, to indefinitely defer an item, the clerk to the board shall read the following fiscal impact statement on the record before the d decision -making body takes its vote: "Pursuant to Section 62-22 of the City Code, 7r1 mAdefini4ohi deferrer! +ieR ir,i+iatead by the Git y an indefinite deferral on this item will cost the City mail noticing, advertising, and posting of properties, as applicable." (6) Table of fees. Noticing, Advertising, Property Posting Fee Public Hearing —Mail Notice, per notice, per hearing $4.50 Public Hearing —Newspaper Advertising, per application, per hearing 1,500.00 Public Hearing —Property Posting, per application, per hearing 200.00 Public Hearing —Property Posting, per posting, per hearing 45.00 Application Public Hearing —Deferral or Continuance, applicant's 2nd Initial request at PZAB (Maximum fee $1,000.00) Application Fee Application Public Hearing —Deferral or Continuance, applicant's 1st Initial request at City Commission (Maximum fee $1,000.00) Application Fee Application Public Hearing Indefinite Deferral —Mail Notice, per notice, 4.50 per hearing Application Public Hearing Indefinite Deferral —Newspaper Advertising, 1,500.00 per application, per Indefinite Deferral Application Public Hearing Indefinite Deferral —Property Posting, per 200.00 application, per hearing Application Public Hearing Indefinite Deferral —Property Posting, per 45.00 posting, per hearing (m) Permits shall not be issued for a property with any outstanding code compliance violations, building violations, or any relevant city lien or invoice due and owing to the city. Permits required to cure life safety issues, permits which are required to bring outstanding violations into City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Sec. 62-23. - Request for review and appeal. (a) The city commission may initiate a request for review and such request shall be initiated only by duly adopted resolution of the commission. (b) Fees, plus advertisement fee and notice fee shall be paid by the applicant or appellant, as applicable, prior to the item being rescheduled. (c) Table of fees. Maximum Advertisement Appeal Fee fee and the AppealFee notice fee Appeal fee for appeals not covered 800 5 000 Required as per elsewhere in the CityCode Chapter 62 Appeal fee for appeals not covered Required as per elsewhere in the City Code for a Chapter 62 specific Property and at least 60 L0 percent of the Property owners located 0 within 500 feet of the submect Property re uest an appeal in writinci City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 AppealFee Maximum Appeal Fee Advertisement fee and the notice fee Appeal fees for variances exceptions, Equivalent to the $5,000 Required as per Chapter 62 original application fee waivers and warrants Appeal fees for variances exceptions, $0 $0 Required as per Chapter 62 waivers and warrants by abutting propertV owners An applicant that solely requests for Based on the original fee $1,000 Required as per Chapter 62 its application to be deferred indefinitely deferred continued or rescheduled by any body. An applicant that solely requests for Based on the original fee $1,000 Required as per Chapter 62 an appeal to be deferred indefinitely deferred continued or rescheduled by any body. An appellant that solely requests for Based on the original fee $1,000 Required as per Chapter 62 its appeal to be deferred indefinitely deferred continued or rescheduled by any body. n appellant that solely requests for Based on the original fee $1,000 Required as per Chapter 62 an application to be deferred indefinitely deferred continued or rescheduled by any body. 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 or the zoning administrator, as applicable, for entities and agencies of the city. (b)Refund of fees. Application, Appeal, advertising, and noticing fees authorized by Section 62- 22 and Section 62-23 shall not be refunded once remitted to the city. City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 (c) Invoicing errors. In the event that the Planning Department or Office of Zoning issues an invoice that includes errors of calculation or itemization, an adjustment of fees paid shall be permitted with the authorization of the planning director. The city's finance director shall make payment to the payee within thirty (30) days of the planning director's authorization. ARTICLE VII HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD Sec. 62-32. Schedule of Fees (a) Public notice. (1) Notice fees as set forth in subsection 62-22(451). (2) Advertising fee for applications for homesteaded properties within T3 transects .....$0.00 (3) Advertising fee for applications within T4 transects or higher as set forth in subsection 62-22(4-I). (b) All after -the -fact permits assessed at double normal rates. (c) Standard certificate of appropriateness (COA) .....0.00 (d) Special certificate of appropriateness (SCOA):..... (1) Demolition .....500.00 (2) New construction/relocation...... a. Single-family and duplex .....200.00 b. Other and commercial .....300.00 c. Plus $0.05 per square foot...... (3) Modifications...... a. Single-family and duplex .....150.00 b. Other and commercial .....250.00 c. Plus $0.05 per square foot...... (4) Waivers, exceptions, and exclusions..... a. Single-family and duplex .....200.00 b. Other and commercial .....300.00 City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 C Permits nthen 1— rani iirinn nlanninn Znninn and anneals hn�rr-J apprnvpeFGeRt ef typ,Gal permit fee...... Plus 65 percent (65%) of typical fee for permits otherwise requiring planning, zoning, and appeals board approval.... (e) Certificates of approval (CEA)...... (1) Single-family and duplex .....75.00 (2) Other and commercial .....150.00 (f) Special certificates of approval (SCEA)...... (1) Single-family and duplex .....150.00 (2) Other and commercial .....250.00 (g) Certificate to dig (CTD)...... (1) Single-family and duplex .....75.00 (2) Other and commercial .....150.00 (h) Archaeological monitoring...... First hour .....100.00 Each additional hour .....50.00 (1) Archaeological field work and excavation...... First hour .....150.00 Each additional hour .....65.00 (i) Special certificate to dig...... (1) Single-family and duplex .....150.00 (2) Other and commercial .....250.00 0) Time extensions...... (1) SCOA and COA: Max 12-month extension .....75.00 (2) SCEA and CEA: Max 12-month extension .....75.00 (3) SCTD and CTD: Max 12-month extension .....75.00 (k) Designation report requests...... (1) Initial review of historic significance (preliminary evaluation) .....$150.00 Plus $0.05 per square foot of floor area under consideration. (2) Individual property (final evaluation) .....50.00 City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 (1) Designation report requests: Districts...... (1) Up to 20 contributing resources .....500.00 (2) Each additional contributing resource .....50.00 (m) Transfer of development rights and density fees...... (1) Certificate of eligibility .....200.00 (2) Conditional certificate of transfer: $300.00 plus $0.06 per square foot of floor lot area to be transferred...... (3) Plus $200.00 per unit of density to be transferred...... (n) Certificate of transfer if no conditional certificate of transfer issued .....300.00 (1) Plus $0.06 per square foot of floor lot area to be transferred. (2) Plus $200.00 per unit of density to be transferred. (o) An additional amount equal to 15 percent of the value of the capital improvements pursuant to Section 23-6 will be retained: (1) Five percent for the historic preservation trust fund as per article XVI I. (2) Ten percent for the public benefits trust fund, particularly for affordable/workforce Housing as per article XIV, with priority of five percent for the city's senior rental assistance program, and five percent for the city's employee homeownership assistance program. (p) Deferment or continuance of hearing. (1) After the legal ad has been placed .....150.00 (q) Appeals of designations for properties zoned T3-0 to city commission .....0.00 (r) Ad -valorem tax abatement application...... (1) Residential...... a. Single-family and duplex ..... 50.00 b. Multi -family under 30 units .....262.50 c. More than 30 units .....500.00 (2) Commercial...... a. Under 10,000 sq. ft...... 1,250.00. b. 10,001-50,000 sq. ft...... 3,000.00 c. 50,001-100,000 sq. ft...... 6,000.00 d. Over 100,000 sq. ft......9,000.00 City of Miami File ID: 12275 (Revision: A) Printed On: 121712022 (3) Mixed -use: a. Combination of the above as applicable. (s) Any other permit requiring historic and environmental preservation board approval: $100.00 plus noticing pursuant to subsection 62-32(a), as applicable. (t) Any other administrative permits: 50.00 plus noticing pursuant to subsection 62- 32(a), as applicable. *„ 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective ten (10) days after adoption at second reading and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i i ria endez, Uy Httor ey 10/312022 i ria i "nd- e ty Nttor ey 11/7/2022 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 File ID: 12275 (Revision: A) Printed On: 121712022