HomeMy WebLinkAboutCC 03-25-10 Legislation (Version 2)File Number: 09-01346zt
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE VI, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING FEES", MORE PARTICULARLY, BY AMENDING
SECTIONS 62-156 THROUGH 62-159, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, TO CONFORM TERMINOLOGY FOR FEES WITH THE MIAMI 21
ZONING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010.
WHEREAS, the City of Miami has adopted a new Zoning Ordinance: Miami 21; and
WHEREAS, it has been determined that certain provisions related to Chapter 62 within the
Code of the City of Miami, Florida, as amended ("City Code") should be revised to reflect such
adoption;
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 if fully set forth in this Section.
{1}
Section 2. Chapter 62/Article VI of the City Code, is amended in the following particulars:
"CHAPTER 62
ZONING AND PLANNING
ARTICLE VI. ZONING AND PLANNING FEES
Sec. 62-156. Schedule of fees.
(a) Except for a specific permit addressed in Section 10-4 Building Permit Fee Schedule, aAny
application for a change in the district classification or modification of the regulations affecting any
property or for a plan amendment or for any special permit required by the zoning ordinance or article
XIII of this chapter, shall be accompanied by an application fee in the amount set forth opposite the
requested item in this section:
(1) Change of zoning district classification to:
a. CS, T3 -R, T3 -L, T3-0 PR,—�1:
1. Per square foot of net lot area ... $ 0.15
City of D7iand Page I of 7 File Id: 09-013467t (Version: 2) Printed On: 311212010
City of Miami
City Hall
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K,tow,-
Drive
�,��e„b
Legislation
Miami, FL 33133
www.miamigov.com
Ordinance
File Number: 09-01346zt
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE VI, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING FEES", MORE PARTICULARLY, BY AMENDING
SECTIONS 62-156 THROUGH 62-159, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, TO CONFORM TERMINOLOGY FOR FEES WITH THE MIAMI 21
ZONING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010.
WHEREAS, the City of Miami has adopted a new Zoning Ordinance: Miami 21; and
WHEREAS, it has been determined that certain provisions related to Chapter 62 within the
Code of the City of Miami, Florida, as amended ("City Code") should be revised to reflect such
adoption;
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 if fully set forth in this Section.
{1}
Section 2. Chapter 62/Article VI of the City Code, is amended in the following particulars:
"CHAPTER 62
ZONING AND PLANNING
ARTICLE VI. ZONING AND PLANNING FEES
Sec. 62-156. Schedule of fees.
(a) Except for a specific permit addressed in Section 10-4 Building Permit Fee Schedule, aAny
application for a change in the district classification or modification of the regulations affecting any
property or for a plan amendment or for any special permit required by the zoning ordinance or article
XIII of this chapter, shall be accompanied by an application fee in the amount set forth opposite the
requested item in this section:
(1) Change of zoning district classification to:
a. CS, T3 -R, T3 -L, T3-0 PR,—�1:
1. Per square foot of net lot area ... $ 0.15
City of D7iand Page I of 7 File Id: 09-013467t (Version: 2) Printed On: 311212010
File Number: 09-01346zt
2.
Minimum ... 635.00
b Q_3 R-4
n r,n T4 -R. T4 -L T4-0, T5 -R,
T5 -L, T5-0, T6 -R, T6 -L, Cl:
1.
Per square foot of net lot area ...
0.20
2.
Minimum ... 750.00
c. G -TGA
T6-8 O, T6-12 O, T6-24 O, D1,
D2, D3:
1.
Per square foot of net lot area ...
0.25
2.
Minimum ... 900.00
d.
T6-36 O, T6-48 O, T6-60 O, T6-80, CI -HD:
1.
Per square foot of net lot area ...
0.30
2.
Minimum ... 1,000.00
(2) Application to amend the comprehensive plan to:
a. Conservation, recreation, residential single-family, residential duplex ... 300.00
b: Residential low and medium density multifamily ... 450.00
C. Residential high density multifamily, office, major public facilities,
transportation/utilities ... 550.00
d. Commercial/restricted, commercial/general and industrial ... 650.00
e. Central business district (CBD) ... 1,200.00
f. Surcharge for advertising each item ... 1,200.00
(3) Variances:
a. CS, PR, R , R 2, T3 (single-family and duplex residential uses) ... 250.00
b. Piers, docks, wharves and the like, for each variance from the ordinance, per lineal
foot ... 45.00
Minimum . , . 700.00
c. All applications for variances relating to the same structure shall be assessed a
single fee to be calculated per square foot of gress floor area of the proposed structure
or addition, based upon the definition of gross floor area found in section 2502 1_2 of
Miami 21 zoning ordinance Ne. 11000, as amended ... 0.10
Minimum ... 650.00
(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:
a. CS, PR, p 1, R' T3 ... 250.00
b. All other residential districts ... 450.00
c. All nonresidential districts . , . 550.00
d. Extension of time for variance ... 500.00
(5) SpeGial permits --
sale rr-r
a. Garapermiz'r� -2500b. Class -
`^ `J , t
eXG8pt that for renewal of home GGGUpatien IiGeRSeS fGF Git!ZeRS aged
an ,* the fee is waived...
150.00
(5) Temporary uses and occupancies permits.
a. Garage sale permit ... 25.00
b. Other temporary use and occupancy permits ... 150.00
(6) Waiver
a. Per square foot of floor area as defined in section 1.2 ... 0.023
City of Miami Page 2 of 7 File Id: 09-0134671 (Version: 2) Printed On: 3/12/2010
File Number; 09-01346zt
b. Minimum ... $450.00
c. Extension of time for Waiver ... 150.00
d. Demolition ... $150.00
e. All other applications as required by the zoninq ordinance that may not be calculated
based on square feet of floor area as defined in section 1.2 ... 150.00
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(7) Warrant
a. Signs ... $75.00
b. Per square foot of floor area as defined in section 1.2 ... 0.023
c. _Minimum $450.00
d. Extension of time for Warrant ... 150.00
e.
zonina ordi
(8) Exception
a. Exception permit ... $800.00
b. Extension of time for Exception ... 500.00
c. Exception permit requiring City Commission Review ... 2,000.00
9) Special Area Plans
a. ADolications for Special Area Plans pursuant to Article 3 Section 3.9 ... $3,000.00
(per acre
b. Maximum fee ... 45,O0.0
c. Advertising ... 1,150.00
d. Traffic study review ... 4,500.00
(10) Applications for development approval for developments
of regional impact pursuant to F.S. ch. 380 (including new applications and/or proposed
amendments to construct, add to, modify, convert, demolish or amend such projects):
CioJ of Miami Page 3 of 7 File Id: 09-013464 (Version 2) Printed On: 3/12/2010
File Number: 09-01346zt
1. For residential projects not classified as a "development of regional impact," per
square foot of gross floor area (Zoning Ordinance 11000, section 2502*) or floor area
(Miami 21, section 1.2) as it may apply ... 0.05
i. For nonresidential or mixed use projects not classified as a "development of
regional impact," per square foot of gross floor area (Zoning Ordinance 11000,
section 2502*) or floor area (Miami 21, section 1.2) as it may apply... 0.075
ii. For alterations defined as a substantial change, per square foot of
directly -affected floor area (reGtinn 2502- ) 0.05
iii. Minimum for applications for residential projects filed after April 15, 1993
(except for nonsubstantial and n+er amendments as provided for in paragrao
(a)(5)e.3befew} ... 5,000.00
iv. Minimum for applications for nonresidential or mixed use projects filed after
April 15, 1993 (except for nonsubstantialand -othe amendments as-grevided
fGF in paragraph (G) bBlew ... 7,500.00
V. Maximum per phase for applications for residential projects (eXGeytfor
addifiGnal fees in paragraph (a)(5)e.3 below) ... 30,000.00
vi. Maximum per phase for applications for nonresidential or mixed use projects
... 45,000.00
vii. Nonsubstantial amendment ... 3,000.00
viii. Surcharges:
(a) Advertising ... 1,150.00
(b) Traffic study review ... 4,500.00
2. For residential projects classified as a development of regional impact, per square
foot of gross floor area (Zoning Ordinance 11000, section 2502*) or floor area
(Miami 21, section 1.2) as it may apply ... 0.075
i. For nonresidential or mixed use projects classified as a "development of
regional impact," per square foot of gross floor area (Zoning Ordinance 11000,
section 2502*) or floor area (Miami 21, section 1.2) as it may apply ... 0.1
ii. For alterations defined as a substantial change, per square foot of directly
affected floor area (Zoning Ordinance 11000, section 2502*) or floor area
(Miami 21, section 1.2) as it may apply. . . 0.075
iii. Minimum for applications for residential projects filed after April 15, 1993
(except for nonsubstantial aid -other amendments as provided feF in paragraph
(a)(5)e.3-befew} ... 10,000.00
iv. Minimum for applications for nonresidential or mixed use projects filed after
April 15, 1993 (except for nonsubstantial and ether amendments -as -pied
fer in paragraph (G) )... 15, 000.00
V. Maximum per phase of a residential project (8XGe t fnr ad ditinnal foes as
provided for On paragraph (a)(5)e.3 elew} ... 65,000.00
vi. Maximum per phase of a nonresidential or mixed use project (except-fe
addit'GRal foes as provided fnr inparagraph... 75 000.00
vii. Nonsubstantial amendment ... 5,000.00
viii. Surcharges:
(a) Advertising ... 1,150.00
(b) Traffic study review ... 4,500.00
3. 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 non
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File Number: 09-01346zt
substantial amendment fee will be charged for an application for non substantial
amendments, here defined as pertaining only to procedure, timing and closeout;
only a public hearing fee as in item (a)(1N) below will be charged where an
application to amend a major use permit under Zoning Ordinance 11000, or a
permit under Miami 21, is presented within two years of the date of first issuance;
otherwise the full fee will be charged. When an exception major use permit also
requires a waiver or warrant speer' eXGGPtOGR, Glass '', ^r Glass 1 -special permit, no
additional fee will be charged for the subsidiary special permit if the applications are
concurrent.
(116) Vacation of public right-of-way:
a. Original submittal:
1. Per square foot of right-of-way ... 0.90
2. Minimum ... 1,200.00
b. Resubmittals:
1. Per square foot of right-of-way ... 0.90
2. Minimum ... 1,200.00
3. Maximum ... 1,700.00
(1_27) Petition for public hearing not covered elsewhere in this section ... 800.00
Petition for public hearing not covered elsewhere in this section requiring city commission
review ... 2,000.00
(136) Certain resubmittals: In the event that any application affecting land use is remanded to
the city commission or any city board, department or agency by a 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 15 percent of the then -current application fee plus all
advertising costs incurred by the city in relation to the resubmittal.
(14) Non -substantial modification not specified elsewhere in this ordinance shall pay an
application fee equal to fifty (50) percent of the original permit fee.
(159) Other charges.
The followinq shall apply in addition to the permit fee to anv application when so reauired b
said permit application:
a. Public hearing and public meeting mail notice fees, including cost of handling and
mailing per notice ... 3.50
b. Public hearing and public meeting package mailing fees; including cost of handling and
mailing per package sent ... 5.00
c. Advertising ... 1,500.00
d. Traffic study review, .. 4,500.00
(b) The maximum fee to be charged any governmental agency other than the city for any public
hearing shall be $900.00 per hearing. The maximum fee to be charged any religious institution or any
institution of an eleemosynary character for any change of zoning or variance shall be $900.00 per
hearing; any institution so applying shall submit its articles of incorporation to the director of the
department of planning and for review prior to acceptance of the application.
City of Miami Page 5 of 7 File Id: 09-01346zt (Version: 2) Printed On: 311212010
File Number 09-01346zt
(c) A surcharge will be collected at the time of application for any variance, exception, warrant,
waiver, or special area plan, item (a)(153) above, -special 8XGep+i^n and speGial permits under item (a)
(5) abeve, or combination thereof, equal to the initial fee, not to exceed $800.00, except from agencies
of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner
within five -hundred (500) 37-5 feet of the subject property.
(d) All fees ,
in excess of $25,000.00 dollars iRGIUdiRg,-but not limited f,.: shall be paid in the form of a certified
check, cashier's check, or money order.
(1) Affordable-HeusiRg Trust FuR d fees;
(2) Perirda East Coast (FEG) Gerrirder dmpFeyemept Fund fees;
(3) Deyelepment of regienal impant fees;
(4) Mader use spenial permit /11/11 SP) fees;
\-rev-+ufoi ., p. ,,.,,,..., ,., �,,,,,,. (MU�.. ! .,..,.,,
(5) Class 11 speoiad permit fees,
(6) Certificate of approval fees•
(7) G8rtifdnate of appropriateness fees; aprd
he pair) in the form of a oertifierd nheGk nashier+s oheGk er rnoney nrrler
Sec. 62-157, Request for review.
(a) All requests for review of decisions of the zoning administrator or the director of the department of
e$mmmT ity planning, and revitalization or by the planning, zoning, and appeals board under article -1-8
7, the Miami 21 zoning ordinance, as may be amended QrdinaRGe NG. 11000 (except agencies of the
city) shall be accompanied by a fee of $500.00; provided, however, if at least 20 percent of the
property owners located within 375 feet of the subject property which has been granted a Glace+mss—1 er
Glass 11 spesiaE waiver or warrant 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 planning, zoning, and appeals board as reviewed under
articles 1�nd-1 ° 7, the Miami 21 zoning ordinance, as may be amended OrdunaRGe Ne. 11000, G
G4, 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 62-156,
with a maximum fee per review request of $800.00; provided, if an owner in fact of a property within
375 feet of a 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 scheduled before the city
commission which are rescheduled at the applicant's request shall be assessed a rescheduling fee
based on the original fee, not to exceed $600.00, 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) All fees for requests for review on rescheduling of items before the planning, zoning and appeals
board or city commission, as described in this section, shall be due at the time of filing for said review
or rescheduling.
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File Number.' 09-01346zf
Sec. 62-158. Fee payment deferred.
Notwithstanding any provisions to the contrary contained in this Code or the zoning ordinance
relative to development activity in a redevelopment district duly designated as such by the city
commission pursuant to the Community Redevelopment Act of 1969, as set forth in F.S. ch. 63, except
for the cost of required advertising, notices and postings, special area plan major 668 G-PeGiai permi4
fees (including constituent elements of said permit such as rezonings, variances, Sri exceptions.,
warrant and waiver special permits) may be partially deferred for any amount above the minimum
application fee of $5,000.00 as specified in article VI, section 62-156{-5-} of this Code, until such time as
the initial building permit for the subject property is requested or for a period of one year from issuance
of the special area plan major use speGiai peFrniF Whichever occurs first. In order for said fees to be
deferred the subject property owner(s) shall provide the city with a recordable document acceptable to
the city attorney, evidencing said financial obligation and placing a lien on the subject property for the
amount of such deferred fees, said document shall be recorded at the permittee's expense
immediately upon issuance of the major use special permit by the city commission.
Sec, 62-159. Waiver of fees.
(a) The fees required under this chapter may be waived by the director of planning for entities and
agencies of the City of Miami.
(b) The director of planning and 3 may waive the variance fee(s) set forth in subsection 62-156
in instances where a variance is sought by the owner at the written request of the city to allow for the
dedication of a portion of the subject property for right-of-way purposes and where said request
requires the adjustment of a structure previously approved pursuant to a special permit.
*11
Section 3. If any section, part of 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 be implemented no earlier than May 20, 2010.
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten 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 7 of 7 File Id. 09-013467t (Version: 2) Printed On: 3112/2010