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HomeMy WebLinkAboutO-091610 ORDINANCE No. _ sl�_1 _,I AN ORDINANCE i:EPEALING SECTION 2-75 OF THE CODE OF THE CTTY OF MIAMI , FLO410A. WHICH PROVIDi•;S FOR INSPECTION AND SERVICE FLITS FOR 'ZONING CERTIFICATES OF USE FOR NEW BUILDINGS INGS AND PREMISES AND ALSO FOi; ANNUAL RETNSPECTION OF BI'ILDTNGS AND PREMISES FOR RENEWAL Ci:RTIFICATES AND ACCESSORY USE CERTIFICATES OF OCCUPANCY AND SUBSTTTUTING THEREFOR A NEW SECTION -75 INCREASING SAID FEES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSii AND UTSPENSING WITH THE REQUIREMENT OF nKADINC; SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF TH+, COMMISSION. WHEREAS, Comprehensive Zoning Ordinance No. 6S71, enacted May 3, 1961, established Certificates of Occupancy and Accessory Use Certificates of Occupancy, and which provided for Annual. Renewal of Accessory Usc. Cerl i CaLOS of Occupancy, and also established fees for such cu o fica- tion; and :WHEREAS, the City Commission deem:, it advisahic aht! in the best interests of the inhabitants of tho CiLy a; Miami to change the previously established f ecs; and WHEREAS, the City Commission finds that a genuine need exists for increasing said fees; NOW, 'THEREFORE, BE IT ORDAINED BY Tt1F. COMAISSIA Of. - THE CITY OF MIAMI, FLORIDA: Section 1. Section 2-75 of the Code of the C its• of Miami, Florida, is hereby repealed in its entirety and the following is substituted in its place and stei;d: "-See. 2-75. Zoning cortificate of u:;cr rt•- ctuired; allnuaI rvinspec:tion Or buildinils and prenilses; fecjs for inspecticuis and issuance of certificates, (:1l /ri.v/l,�t•tiurl and .tirr;�irr 1•'�•�•.� /��r ('rrtifi- cato of (k•cf11)(111 o'. r111 persons iq,jd}•ir;; for a ccrtil'ic•rcte of occuhancy for thi. use ;,r uc ruimnc } of vftcant or iunproved land or for a rl�rinRt, of us(- of 1111• Lull mr for it chartp;c in lice list, of fill oxistill;; building .111111 J)ay t1u fullod•lrtg ltltipectiol) i,rlcl service fees: (11 !tr•(efil: First 3jim) square. tc,c•t $30. (A) !?uch additional 1,000 squnro It-vt or I)l,rt in excess of 3,000 square feet ... $10, 0 I (2) 111{tr)lrsalc (incltiding warehouse and ~hops): First 5,000 square feet ........... $30.00 lynch iiclditional 5,000 sctunre feet or part in excess of 1.000 square feet . , . $.1.0. 00 (3) Restaurmits (inclucling Lars, lounges, theaters, etc.): First. 60 sents .............. . .... $30. 00 Iaich additionul 20 seats or portion thereof .......................510.00 (4) 1)(1v e•urr, center and other institutional 1tN,•s: Nonprofit $40.00 Profit-ninking...................$50. UO i13) Certificeites of Uses for ,Veto 13uildi►tf;s Mid Premises: ( I) No new building or premises and/<,r pcort thereof, e%copt one- ntid two-family re.sideiices. shrill he occupied until a Zoning curt ificd,te of use sliall have keen issued by the building and zoning, iiisf,t•t:- t ion depart tment. Certificates of use shall not he issued ti„til the pro lviises liiive l,c•eri itispocted and found to co::,ply witli all code n•yuirenients of the building at:d Zoning inspection depariiiwr;t, fire pre- vention bureau, and such outer ngvncios as riu,y havo juri:cfict.ion.:�l1 ,;ppIid•fttioits 1'or certific,ites of use shall be approved or disappnived within five (5) working �. days follov. irg application. (:,) liuildin;;s dealt;nc•<l and hunt its uClic•e buildings, occtiriied cnily by u(1i,JC- t.ypr uses, shall require oat• i I) zoning certificate of use per building and assoriiitcd prenlises. 00 Apr,rtmi-tit buildings, )lotels, atld other midtiple-residential occupancies, contitining three W) or more units and ut•ci,pied only' by residential tenant., sliall require undo (1) zoning; certificate of eitie per building. - (c) Apartment buildings, 11"tels, and - other residential occupancies contain-ing thret- (:3) or noire units Ids() cont,ning ci,inniercial tenants, shall require, ndditional zoning cert.ificatvs of use for each commercial activity contained therein. (if) Office buildings containing emiimer- cial activities in addition to offices shtill require an ac;ditinnal zoning; certificate of use for encli commercial activity contained therein. (e) Industrial buildings containing one (1) tenant shtill rectuiru a single zoning certificate of use. V) Industrial and commercial buildings containing more than one (1) tenant -2- 916 X l"�'k shall require a zoning certificate of use for e►►ch tenant. (g) lists \yithin it conitncrciiii or industri- al building, or portion of it c•oinnier- cial or industrial building occupied by a single tenant, incident.itl to the princ ipal use, «'ill trot. r(•ctuire it separate zoning certificate of use. (2) 1'lte first zoning certificate of nsr issueI in conjunction with n new huildint; such ax described in subparngraphs (14)(1) O, (h) and (e) hereof shall by i:auml nt the tirue it building certifictte of occttl,nncy is: issut•c! at no rust.. %%'here individual znnin; c•ertific•tttcs of use are redo MI fur uses described in suhparngrn ohs 0 0(I)(c), (d) and (f) hereof, a zoning certifiente of use shall he ohtained and shall he charged for Its estitbltshed by urdinau'A'- (3) t)pott the issuance of a zoning c•ertil'icate of use for it huildint; ruin/or premises. an annual inspection sc.heduk. y:ill he e:.tah- lished find attnua! inspections will 1,C. conducted thereafter. (S) Annual inspcctiutt5 will he conduelvd to determine that ca(.}t httildi►tg and/or proinises comhlirs kith the.• regul:tt iunS estithlished in the city zoning (ordinance, huildint; code., fire code, health regida- tions, itnd such other regulations t.hut nuty apply to the particular huildi:tg or premises. t(') Annual leeinsPectiun O/ 13uildinhr, cut(! Preinises: (1) A yearly renewal of the zoning cor- tificaLe of i►se will be issued, and each en! st ing use and/car premises shall be inspected annually to deter- mine that it complies with the pro- visions of applicable ordinances and regulations. (2) The owner will be notified of any deficiencies noted, and appropri- ate re i.nspeat i ons may be made to determine that then deficiencies have been corrected. (3) With the exception of life -safety facilities (which may be from time. to time reclu fired to be upgraded by the provisions of the South Florida Building Code or the city fire coder), only those regulations which were in affect at the time a particular occupancy or use was established will be applicable. (4) The invoice for the i.ssuanccr of renewal of the zoning certificate of occupancy will be billed during the year and said fees are herein fixed as follows: -3- i 9115 1 (:►) Apill'lIII v(r! br�r rlr�r, :I- --12 clurllin;, tn►it; ......... 515.0O I:t- iitl tltrcllin); unit, .. .... $35. M) 51 d-,vellin;; unit, or more..... $35,00 Mitts, per unit. utv i- 50 ....... $1.00 (b) !Hotel, rnrr(r-1, ruo»rrrr:l; lr(,usc :t --12 rental sleeping ttstits ... $1.5.00 Ia- ;;n rental slrci►itt„ uni:s .. $35.00 rental slceping units nr nturo $ i5, 00 lulu:;. per unit over 5o ....... $1..00 (c•) ('lintmorrial and industriul buildirt);, used fur: (i) Retail sale:+ -.. Ntit exceeding, 5M) square ft r' %of flour arc -a .............. $1 5.00 Excveclin,; :tOO square ('ect hilt than 21,500 square. Ivet ol' I'liwor area . $20. 00 I:xc•eeding ',:)olt squ.n.ru fort but less than 5,000 square fact oi' flour area ......... I .... ti30.00 h:xecctlit►;, :;,ut)t) square feet buL less than 15,000 square feet Of Iloor area .............. S40.00 Exc•eedin„ 1.5,000 Square feet. b►►t less than 25,000 squire feet of )lour area .............. $ 50. 00 Exceeding 25,010 squire feet hilt legs than r50,000 scl:u:re lr•et floor arer.c ........ $60.00 Exceecling 't0,000 ,quare feet of floor area .............. $70.00 60 Wholesale and storct,,e Not exceeding 500 square feet. of fluor area .............. $1.5. 00 - P"xc•eecling WO stiunre feet but !rss thin 2,:,uO square feat of 11c,(.r area ..... $20.00 Exceeding 2,Nh) square ivet but. less than 5,000 square feet of floor are n .............. $30.00 EXveecling, 5,000 square feet• buL less tiutn scivare fret = fluor art•u ... $40.00 I?xcee(!il)g square feet but. less than 25,000 square feet flour area . $50.00 Exceeding 2.5,01u► seiurre feet ht►t. I('ss thna 0,001) st)uare feet (it' flour area ......... $60.00 Exceetlint, i3O,000 square feat of tluor urea ....... $70,00 tci) Office buildim, used for general ot-fic:e use: G) %Vilhout tncrcl►tuulise (m the pre- - raises -- Less than 501) square 1*vut of floor r►rea ..... $15.00 E?xeVe ding 500 square meet but Ee:.~ than 2,500 square feet of flour area ................... $20.00 E:xreeding 2,501) square feet bttt loss thruf .t,000 square feet ot• fluor iirc•n .............. $30, 00 -4- 91 6 1 W I':xcerdill" :"INO square feet but less than 15,000 square feet of flour arcr, .. .... $40.00 h,xceeding I:,,000 square fret but less thou 25,000 s(Imire feet of dour nren ...... .. ... $5().00 1Sxcet-ding 25,000 square feet, but. less than 5U,000 square fret of flour wren .......... ... $60.00 I;xc erdinf i)0,0UO square feet of fluor arra ....... ...... $70.00 (ii) With combined Sales of merclum- dise--1?tee h retail or wholesale (Ittt.let. %%.ill be r, ssessed individual- I'v as previou-,i'• provided for. le) :1lamijacturing te.,e•: Not exceeding; 500 Square feet of floor $15.00 E,xreeding; 500 square feet but less t hmi 2,500 square feet of Iloor area $20.00 1';x<e t clin;; 2,5t,O c;qu;tt'c fc 1-t but lcsti t hntt ;),000 squary Ivet. of, floor I•;\,•Ccdin;: 5,01M �gmire ft•et htat Ie t 11;1n 15,000 fet•t of (lue,r na ea $40.00 E\reecling 1fi. )00 :,quart• f- ,:t but lei.:: t hnti '25,000 square fcc•; of fluor ar,•:e $50.00 1':x eetlin„ ''i,,t)Utt stiunre fee t. but les:; .Imn .50.000 square feet of tic,t,: $60.00 1•:xreec)in„ ;)0.0 0 square feet of tloor :ire :t $70.00 (0 Pal-cirt,, lots, :;araf;t's, auto and ,•c�ttilfrttc'rtt .�'aleS: NOT vxreeding; 20,000 square feet of .,ite ctrva $15.00 I;xreeding 20.000 squari• f: c t of si'.0 area but less than 50,00:) square feet of site area ......... , . • $20.00 Acc 1eding 50,600 square 'fuel. of sits• area ...................... $35.00 (g) Anues.-ine tt parhs, c1u, trac s, and jri,ntc,ns, inclutling off-street lrarkittt; arc; ' tuxl till rc•;ttil outle.•;s lot-uted .:t print•ipal building; structure. mini mutt, ive ................... $150. 00 (it) Arivi(is, dance halls, puul halls and he,u ling, lanc s: Not exc•eedintil, 20,U00 square feet of flour area $20.00 l:xrc•eding, 20,000 square feet of flour arva but less than 50,000 scltiaro feeet of I'loor area ........... $35.00 Exrec'ding; 50,000 square feet of floor area ...................... $50.00 (i) Theaters (line and jilrn): F irst' 100 seating; capacity .... $20, 00 1tx) —F,01) sealing; capacity .... $35. U0 I:xteedin� :,OU seaIing tnpat'i t}..... ............... ... $40.00 (jt I't-Wate hospi'lals: Not exc•eedin}; 100 heels $20.00 Exceeding 100 beds but less than 2 0:) beds .......... ........ . $35.00 E'xt'eeclirtg 200 beets .......... $40.00 00 Private schools : Not exceeding; 10,000 square fec'L of fluor area ................. $Z(I. 00 5- 9161 hxc•eedinp; 10,1100 square feet but less thlln 50,000 square feet of floor area S35.00 i�,xcaeding w,000 square feet of floor area .. .... , . $50. 00 (1) Alixcellarwous. All ti ws of buildings not previously covered by this sec•tiott sh.111 be assessed a fee its provided for under "retail sales." (I)) Fers for Accessory Use Clertificatos of Orrupam,'v. All persons de:;iring to use 1t re:lidential building structure located withill ;1n k-1, R-2, It-3, RA, or I24i district for a home occupation shn11 apply to the bllildiug and zoning inspection department for 1111 accessory use cvrt.ificate, which shall he granted tlpon payment of an ;unlual fee of twenty dollal-s ($20) to Ilw city and wheel issued shall he valid through the. folf„\villg September thirtieth. In inst:ulcc':: where a person sixty-five (65) yearn; of ige or over a (g1gagVd ill the c'011dUC't Or Milli N ol'c'UP811Cy, there shall he no required paytnentof ati accessory fee in conjunction with the i�su:ulc e of an accessory c1se certificate or the subse- quent renewal of sl.lch certificate. All rcnc'v;ul:; of accessary usv certificate- of ucc•up:lrlc shall he made on or before October fir.t of each calendar year." Section 2. All ordinances, or karts of ordinances, insofar as they are in conf:li.ct with the provisLon.-; of this ordinance, are hereby repealed. Section 3. If any section, sentence, clause, phrase, or word of this ordinance is declared invalid, Lhe remain— ing provisions shall not be affected. Section 4. The requiremont of reading Lhis ordinal;c:L on two separate days is hi�r.eby dispensed with by a vote of not Less than four —fifths of the members of the Co;:u:i.ssi.on. PASSLU AND ADOPTED this-__15th day oi' SvPturlaez, 1.980. Maurice A. Ferre ?1 ,% Y 0 It f1pli ONCI E, CITY C1.L1 PREPARED AND APP ZOVLU BY: OhL'R'1 F. CLAIth,vA' ''1 CITY AT IZ APPR(�ILf:11),1S TO FOR . AND CQXREICTNESS: G1sORCF.� KNO\,RJR. , C1' A'1"I'ORNI:Y -- a5. Mayor and Members of the City Commission Richard L. Fosmoen City Manager Fee Schedule Adjustment Annual Certificate of Use Revised Fee Schedule On April 22, 1971, the City of Miami Commission adopted Ordinance No. 7954 and subsequently passed and adopted Ordinance No. 8686 on September 8, 1977; each Ordinance authorized the annual reinspection of all multi -family, commercial and industrial uses throughout the City of Miami. As part of the Ordinances mentioned, a fee schedule was established that was intended to defray the cost of the inspection service. A review of the fee schedule adopted in 1977 has been conducted, and based upon first hand knowledge and field inspection experience together with present day cost factors, it is my recommendation that the attached fee schedule be adopted for fiscal year 1980-1981. The approximate percentage increase of the fee schedule is 22% which directly relates to the increased cost of performing the annual inspection activity. One other change in the annual inspection program has been suggested which alters the methods used in billing the owners and/or tenants of properties benefiting by the inspection program: specifically, Section C paragraph 1 located on page #3 has been amended in such a way as to allow for a more flexible billing procedure, in that it would no longer require that the inspection be completed prior to the submission of the Annual Certificate of Use Renewal invoice as presently required. — The adoption of the new billing procedure will excelerate the payment of the Certificate of Use Renewal invoices and be in line with similar notifica- tions of monies due the City, i.e, the Annual Occupational License fees which become due and payable as of October 1st of each fiscal year. - RLF:KWG:lb c; Enc. c �? - Cn rn -o .a 9161 /' ::,IT F:R•cM0F'.ANDUM Joseph R. Grassie August 29, 1980 City Manager Zoning Certificate of Use Fees and Certificate of Use Annual t >u;ti Renewal Fees _ Proposed Ordinance "` V G. Salman, irector "��Amending Sec. 2-24.1 of the Code of the City of Miami (last amended by Building & Zoning Ord. No. 8686) Inspection Department I recommend that the Zoning Certificate of Use Fees and the Certificate of Use Annual Renewal Fees be increased, due to an increase in operational costs. A proposed ordinance for that purpose is attached, amending Sec. 2-24.1 v of the Code of the City of Miami (last amended by y Ord. No. 8686.) W The last increase of C.U. Fees was in September of 1977, and the proposed increase of approximately 25% reflects increase of operational cost over the past three years. tau We request that this item be placed on the September 15, 1980 Commission'* Agenda for first reading, and September 25, 1980 for second reading so tit the new fee schedules will be in effect as soon as possible during the new fiscal year. GS:g cc: Director's file Reading file Copy to City Attorney for review MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade Cm:nty, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidaysl newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI ......................................... .............. ....... .I ............. I............ Re: Ordinance 9161 _ .. __........................................................................ in the ............. .._ .X...X...X.-._.... ......... . Court, was published in said newspaper in the issues of September 19, 1980 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for a purpose of securIryc� this�civertisement for Du iuetion in the said ne�/6�;W1_1. _ O tworn�to npp��s�ps riY?V&ore rise this 19 : * 5�1ii K I. �0 ..........ayaf ....;................ .............. A.D. 19......... r ` Becky .P CaskV ' M r r�i jState o}.Pfo( 1arge . My rfi b Id4r•• ifAs,I9t p,� el. (SEAL) i�ir DLO; I'`p`sssss,` MR-91 CITY OF MIAMI, DADE COUNTY, FLORIDA LEGAL NOTICE All interested will take notice the'l on the iSth day of September 1980, the City Commission of Miami, Florida pesstid and Adopted "*fol- lowing tlUed ordinance: ORDINANCE NO, 9161 AN ORDINANCE REPEALING SECTION 2.75OF THE CODE 0 HE FORAMI, FLORIDA, WHI MIDES, NSPECTION ANID SERVICE FEES FOR ZONING I:ER- TIFICATES OF USE FOR NEW BUILDINGS AND PREMISES AND ALSO FOR ANNUAL REINSPECT10N OF BUILDINGS AND PREMISES FOR. RENEWAL CER. TIFtCATOC- CUPANCY AND ANDS ACCESSORY CERTIFICATES HEREFOR A NEW SEC- , T1CN REPEALER PROVISI ;WrAND'A SEVERABILITY CLAUS9 AND DISPENSING WITH THE REQUIREMENT OF 0 SEPARATE AYS By A VOTE OF. READING A HAN F OUR -FIFTHS OFD DTHE-MEMBERS OF NOTELESS THE COMMISSION. RALPH ONGIE nni9f CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 19 day of September 198080 09196/ 9; 19 -