HomeMy WebLinkAboutO-10909J-91-508
7/25/91
ORDINANCE N0. 1_0909
AN EMERGENCY ORDINANCE RELATING TO PLANNING,
BUILDING AND ZONING FEES WHICH APPEAR IN THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; AMENDING SECTIONS 62-61 AND 62-62 OF
SAID CODE BY CONFORMING THE NOMENCLATURE OF
DISTRICTS, CLASSIFICATIONS, PERMITS AND
NOTICES FROM FORMER ZONING ORDINANCE NO. 9500
TO EXISTING ZONING ORDINANCE NO. 11000;
INCREASING AND DELETING FEES IN REGARD TO
REQUESTS FOR ADMINISTRATIVE ACTION CONCERNING
SUCH CLASSIFICATIONS AND PERMITS; CONTAINING
A REPEALER PROVISION, SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's new Zoning Ordinance No. 11000 became
effective on September 4, 1990, superseding former Zoning
Ordinance No. 9500, and it is now necessary to conform the
nomenclature of the fee schedules of the City Code to the new
Zoning Ordinance and also to modify said schedules; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interests of the
general welfare of the City of Miami and its citizens to amend
the City Code as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Chapter 62, entitled "Zoning and Planning" of
the Code of the City of Miami, Florida, as amended, is hereby
amended by amending the text of said Code as follows:/
"Chapter 62
ZONING AND PLANNING
ARTICLE VI. ZONING AND
PLANNING FEES
Sec. 62-61. Schedule of fees.
Any application for a change in the district
classification or modification of the regulations
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 materials.
10909
affecting any property or for a plan amendment or for
any special permit required by the zoning ordinance,Z/
shall be accompanied by an application fee in the
amount set forth opposite the reaueted ;tom in this
section:
(1) Ghaftgimi Change of zoning (district classification
to:
► , ► RG ir P CS. PR, R-1. R-2,
per square foot of net lot area ............... $ 0.12
Minimum ...................................... 550.00
RG ► R6 2.1, ► ►
per squrrre
feet-Of-,leb—lot -�. ....................... 0.14
a ainintu111 • • • . . ♦ ♦ . . . • . • . • . . . • • • • . • • • • 600 . 00
• , ► Re 3 R-3. R-4, 0, G./I.,. per square foot
of net lot area ............................... 0.16
Minimum ...................................... 650.00
eR
► , , , ee i, eG 2,im
► 15, i6, 16.1,
• , , C-1, C-2, I, per square foot of net
lotarea ...................................... 0.20
Minimum ...................................... 750.00
CBD I, and all SD's, per square foot of
net lot area .................................. 0.22
Minimum ...................................... 850.00
eletssifteett±021, as shown in above for district:
cl•as_if.ry ' -ab
V3LU
(2) Application to amend the comprehensive plan to:
Conservation, -recreation, residential single-family,
major Public ,
2./ The City's new Zoning Ordinance No. 11000 became effective on
September 4, 1990, superceding former Zoning Ordinance No.
9500.
-2 10909
residential duplex .............................
250.00
Residential medium density
multifamily ...................................
350.00
Residential high density multifamily, and
office, major public fac l ies transportation/
utilities .....................................
450.00
Commercial/restricted, commercial/general and
industrial ...................................
550.00
Commercial(CBD)..............................
1,000.00
Surcharge for advertising each item ..........
1,000.00
(3) Variances:
RS-, RG-1 CS, PR, R-1, R-2, (single family and
duplex residential uses) .....................
200.00
end Hle like .................................
Piers, docks, wharves and the like, for
5-6{�-:-8 A
each variance from the ordinance, per
lineal foot .................................
30.00
Minimum .....................................
600.00
All other applications for each variance
from the ordinance, per square foot of
gross floor area of new building(s) or
additions, based upon the definition
of floor area (Section 20H.3 1901)3-/.........
0.07
Minimum .....................................
550.00
(4) Application for variance as a result of a
change in approved plans or as a result of
a violation notice shall be charged an
additional fee, per variance:
RS r rRS 2f R Cr PR, R-1, R-2 ....
200.00
All other residential districts .............
350.00
All nonresidential districts ...............
450.00
Extension of time for variance ..............
400.00
/ All underscored Section numbers refer to applicable Sections
as enumerated in Zoning Ordinance No. 11000.
-3-
10909
(5) Special Permits:
Garage sale permit ..........................
20.00
Class A 1, except that for renewal of
home occupation licenses tV*e ±"
2003.5-) for citizens aged sixty-five
(65) and over, and for —applications
under section 907.44 the fee is
waived ............................... $ 6.0.00
100.0.0
.......................................
Class a u:
168.00
........
tbt Signs, fences, canopies, minor
25.60
appurtenances and minor repairs to
be reviewed as required by the
text or schedule of district
regulations ..............................
50.00
-fc)- Section 2003.6 ...........................
tdt r RG 1, RG 2, r rRE) 27
......................................
tVt RG 2.1f r r Re 2.1rS'i'"xx-i -z i
.
r 4, 5, 6, r 9, H, r 12, r
3: 4 ,-14.1, 14.2 , 15, 16-,- 16-. ' ,�— i 6 .-2
r 181 ig, r ,
510, 251i, CS, PR, R-1, R-2, R-3
R-4, 0, G/19 C-1, C-2, CBD, I per
sq. ft. of gross building area,
based upon the definition of
building (section 3692 2502 ) ..........
0.015
Minimum ................................
300.00
-f-f PUD's, per sq. ft.
of net lot area .........................
0.15
Minimum ................................
750.00
-tgt All other applications as required
by the text or schedule of
district regulations ...................
100.00
-4-
10909
f4t+ Demolition .............................. 100.00
................................. 09
Special exception 650.00
Special exception requiring automatic
city commission review ................... 1,400.00
Extension of time for special
exception ............................... 400.00
Major use and/or applications for development
approval for developments of regional impact
pursuant to chapter 380, Florida Statutes (including
new applications and/or proposed amendments to
construct, add to, modify, convert, demolish or
amend such projects):
(a) For projects not classified as a
"development of regional impact",
per square foot of gross building
area (section 2502) 0.05
Minimum (except for nonsubstantive and
other amendments as provided for in
pgraara8h(c) be ow in (C )-below
$10,000.00
Maximum per phase (except for additional
fees in paragraph (c) below
30,000.00
Nonsubstantive amendment ............. 2,000.00
Surcharge for advertising 1,000.00
b For ' ( ) projects classified as a development
of regional impact, per square foot of
gross building area (section
3602 2502) ............................. 0.075
Minimum (except for nonsubstantive
and other amendments as provided
for in 8araq . (c) below +n
bei0w Of this ) 22,500.00
Maximum per phase (except for additional
-5- 10909
fees ed for in
(c) below, .
sttbsiee*+en- .........................
65,000.00
Nonsubstantive amendment ..............
41000.00
Surcharge for advertising .............
1,000.00
(c) Additional fees for any required changes
of zoning, variances or special
exceptions shall be in accord with the
fees listed elsewhere in this section.
Only the nonsubstantive amendment fee
will be charged for an application for
nonsubstantive amendments, here defined
as pertaining only to procedure, timing
and close-out; only a public hearing fee
as in item (7) below will be charged
where an application to amend a Major
Use Permit is presented within two (2)
years of the date of first issuance;
otherwise the full fee will be charged.
When a major use permit also requires a
class G U permit, no additional fee
will be charged for the class a .1 permit
if the two (2) applications are
noncurrent.
(6) Vacation of public right-of-way:
Per square foot of right-of-way
.............
0.75
Minimum
.....................
1,000.00
(7) Petition for public hearing not covered
elsewhere in this section ...................
650.00
Petition for public hearing not covered
elsewhere in this section requiring
city commission review
.................
... 1,400.00
(8) Certain resubmittals: In the event that any
application affecting land use is remanded to
the city commission or any city board,
-6- 10909
department or agency by court of competent
jurisdiction or that the underlying land use
legislation is declared unconstitutional, an
applicant who resubmits a similar application
encompassing an identical site plan shall pay
an administrative fee which shall be equal to
fifteen (15) percent of the then -current
application fee plus all advertising costs
incurred by the city in relation to the
resubmittal.
(9) Public hearing mail notice fees,
including cost of handling and
mailing per notice ........................... 3.00
The maximum fee to be charged any governmental agency other
than the city for any public hearing shall be eight hundred
dollars ($800.00). The maximum fee to be charged any institution
of an eleemosynary character for any change of zoning or variance
shall be eight hundred dollars ($800.00); any institution so
applying shall submit its articles of incorporation to the
director of the department of 8lanninas building and zoning for a
review prior to acceptance of the application.
A surcharge will be collected at the time of application for
item (3) above, aTtd special exception and !*.a—H Special permits
under item (5) above, or combination thereof, equal to the
initial fee, not to exceed six hundred and fifty dollars
($650.00), except from agencies of the city; such surcharge to be
refunded to the applicant if there is no appeal from a property
owner within three hundred seventy-five (375) feet of the subject
property.
Sec. 62-62. Request for review.
(a) All requests for review of decisions of the zoning
administrator or the director of the department of
planning, building- and zoning or by the zoning
board under article 3$ JR, Ordinance No. 95()B
11000 (except agencies of the city) shall be
-7- 10909
accompanied by a fee of four hundred dollars
($400.00), provided however, if at least twenty
(20) percent of the property owners located within
three hundred seventy-five (375) feet of the
subject property which has been granted a class e
I or cla_fis II special permit shall, in writing,
request review within the time limits set out,
then no review fee shall be charged.
(b) All requests for review of decisions of the zoning
board as reviewed under
articleg a 16 and 19, Ordinance No. 9-5.% 11000,
of the city, except those requests for review
initiated by an agency of the city, shall be
accompanied by a fee which shall be the equivalent
of the fee originally charged the applicant as set
out in section 62-61, with a maximum fee per
review request of six hundred and fifty dollars
($650.00); provided, if an owner in fact of
property within three hundred seventy-five (375)
feet of property involved in a decision of the
zoning board shall in writing request review
within the time limits set out, then no fee shall
be charged as a prerequisite to consideration by
the city commission of the request for review.
(c) Zoning items scheduled to be heard by the city
commission can be withdrawn, deferred, rescheduled
or denied as set forth by city commission policy.
Items rescheduled before the city commission shall
be assessed a rescheduling fee based on the
original fee, not to exceed five hundred dollars
($500.00), such fee to be paid by the applicant.
(d) Where the city commission itself may initiate a
request for review, such request shall be
initiated only by duly adopted resolution of the
commission.
-e- 10909
"I, ..,1�
*
* 11
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of this section,
paragraph, clause, phrase or word of this Ordinance is declared
invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami.
Section 6. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 7. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 25th day of ,.July , 1991.
ATTES
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
4CHE. MAXWELL
F ASSISTANT CITY A ORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
JEM/db/M821
IM
XAVIER L. SPAREZ,
[0JU
10909
of
01
MATTY HIRAI
City Clerk CESAR H. 0010
c — City Manager
August 19, 1991
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
Enclosed herewith please find a copy of Ordinance No. 10909 which
amends the Code of the City of Miami, Florida.
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
f LL-'�
B Y : t
DEPUTY CITY LERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0708/(305) 250-5360
i fig of t'� t�ixYit
MATTY HIRAI
City Clerk „ CESAR H. ODIO
moo, ������ City Manager
r f)..{I
August 19, 1991
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
Enclosed herewith please find a copy of Ordinance No. 10909 which
amends the Code of the City of Miami, Florida.
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY: O-P'-G�
DEPUTY CITY CLE-
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 33070B/Miami, Florida 33233-0708/(305) 250-5360
fit# of
MATTY HIRAI
City Clerk tt' CESAR H. ODIO
City Manager
i\�
August 19, 1991
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
Enclosed herewith please find a copy of Ordinance No. 10909 which
amends the Code of the City of Miami, Florida.
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
oatv a,
Valerie Gree wood
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO' Matty Hirai -,. DATE August 7, 1991 FILE
City Clerk
SUBJECT : pending Legislation
FRo�:Joel E. Maxwell REFERENCES : City Commission Meeting
tant City Attorney
Chief AssiXY ,� y of July 25, 1991
Planning evelopment Division ENCLOSURES:
A. Please be advised that legislation for agenda item PZ-12 (J-
91-1054) cannot be submitted to your office in a revised
condition which reflects the City Commission's action of the
referenced date, until such time as a survey of the exact
j locations of existing boatslips which will be grandfathered in
is completed by the Planning Department. Said survey will be
attached and incorporated into the Ordinance upon its receipt for
second reading.
The Planning Department is aware of this requirement and the
need to complete the survey and will comply as soon as possible.
Upon receipt of the survey by this office, I will expedite the
revised agenda item to your attention.
B. As per mutual agreement of our offices, the DDA loan action
by the City Commission shall remain in motion. Thus, no
resolution from the July 25, 1991 meeting will be necessary.
However, this office will notify the administration and DDA of
the need for a clarifying resolution regarding the $25,000
balance of the $100,000 homeless pledge the City Commission made
at the referenced meeting.
JEM/sls/P296
cc: Jorge L. Fernandez, City Attorney
Matthew Schwartz, Director/Downtown Dev. Authority