HomeMy WebLinkAboutOrdinanceCity of Miami
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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01009 Final Action Date: 9/27/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), ENTITLED
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING
DEPARTMENT" AND AMENDING CHAPTER 62/ARTICLE VI, OF THE CITY CODE
ENTITLED "ZONING AND PLANNING/ZONING AND PLANNING FEES", MORE
PARTICULARLY TO ADJUST PLANNING AND ZONING FEES FOR ACTIVITIES
PERFORMED BY THE CITY; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapters 2 and 62 of the Code of the City of Miami, Florida, as amended ("City
Code"), provide the fee schedule for the processing of various zoning permits ; and
WHEREAS, currently the fees associated with Chapters 2 and 62 of the City Code do not
sufficiently cover the actual cost of City of Miami ("City") staff to perform the processing and issuance
of the permits contained therein; and
WHEREAS, it is in the best interest of the City to amend Chapters 2 and 62 of the City Code to
increase the fees charged to perform the processing and issuance of the permits contained therein;
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.
Section 2. Chapter 2/Article IV/Division 2 of the City Code, entitled
"Administration/Departments/Planning, Building and Zoning Department", is amended in the following
particulars: {1}
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
City of Miami Page 1 of 19 File Id: 10-01009 (Version: 2) Printed On: 3/18/2024
File Number: 10-01009
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-207. Zoning certificate of use required; annual reinspection of buildings and premises; fees
for inspections and issuance of certificates._
(a)
Inspection and service fees for certificate of use. All persons applying for a certificate
of use for the use of vacant or improved land or for a change of use of the land or for
a change in the use of an existing building shall pay the following inspection fees in
addition to a and service fees of $3.50 as set forth in Article III, Division 12, Sec.
2-499 herein:
(1)
(2)
(3)
(4)
Retail:
a.
b.
Up to 2,000 $263.00
Each additional 1,000 square feet or part in excess of 2,000 square
feet 53.00
Wholesale (including warehouse and shops):
a.
b.
First 2,000 square feet or less 263.00
Each additional 1,000 square feet or part in excess of 2,000 square
feet 53.00
Restaurants:
a.
b.
Including bars, lounges, theaters, etc.:
1.
First 100 seats 263.00
2.
Each additional 25 seats or portion thereof 53.00
Take-out restaurants (no seats):
1.
2
First 2,000 square feet 263.00
Each additional 1,000 square feet or part in excess of 2,000
square feet 53.00
Day care center and other institutional uses:
a.
Not for profit, first 1,000 square feet 53.00
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File Number: 10-01009
(5)
(6)
(7)
(8)
(9)
(10)
b.
c.
Office:
a.
b.
For profit, first 1,000 square feet 105.00
For each additional 1,000 square feet or part in excess of 1,000 square
feet 26.00
First 2,000 square feet or less 263.00
Each additional 1,000 square feet or part in excess of 2,000 square
feet 53.00
Apartments, hotels, motels and roominghouses:
a.
b.
Apartments:
1.
Three-12 dwelling units 263.00
2.
Each additional unit 21.00
Hotels, motels and roominghouses:
1.
Three-12 lodging units 263.00
2.
Each additional unit 21.00
Commercial parking lots and garages and automotive service stations:
a.
b.
First 10,000 square feet or less 263.00
Each additional 1,000 square feet or part in excess of 10,000 square
feet 53.00
Miscellaneous. All uses of buildings not previously covered by this section
shall be assessed a fee as provided for in "retail," subsection (a)(1).
Sharing by a sublessee office space approved under an existing certificate of
use 105.00
Change of tenant for same use as previous tenant, Amendment to an existing
CU not requiring inspections for same use, Transfer of CU if no change in use
has occurred, and Change of name for an existing CU if no change in the use
has occurred 105.00 $263.00
Amendment toasting CU not requiring inspections 105.00
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(b)
{12)
Transfer. A transfer of the CU is permissible upon payment of the fee below
and only whcn thcrc has been a bona fide sale and transfer of the property
ise—a and ployedin the business as ock and trade and n�her se
provided that the seller of the business shall present the CU to the finance
department with an endorsement assigning all right, title and interest to the
purchaser and the pi irchaser shall produce a properly executer! hill of sale
0
showing the transfer of stock from the person to the purchaser 263.00
Change of name. A building or premises and/or part thereof shall be required
to obtain a new CU when a change in the name of the business or entity
occupying space therein has occurred. However, if no change in the use has
occurred, the following fee will apply 263.00
Certificates of use for new buildings and premises and for change of use:
(1)
No new buildings or premises and/or part thereof and no existing building or
premises when there has been a change of use in said building or premises,
except one- and two-family residences, shall be occupied until a zoning
certificate of use shall have been issued by the planning, building and zoning
department. Certificates of use shall not be issued until the premises have
been inspected and found to comply with all code requirements of the
planning, building and zoning department, fire -rescue department and such
other agencies as may have jurisdiction. All applications for certificates of use
shall expire 30 working days from the date of application if approval is not
received for issuance of a certificate, unless the space is under construction
with a valid building permit and approvals cannot be made until work is
completed.
a.
b.
c.
d.
e.
Buildings designed or proposed to be used as office buildings shall
require one zoning certificate of use for each separate office tenant
and one for each commercial activity contained therein. Each separate
office tenant in existing office buildings not having an individual
certificate of use on the effective date of this section must obtain one
prior to the renewal of its City of Miami local business tax receipt.
Apartment buildings, hotels, and other multiple -residential occupancies
containing three or more units and occupied only by residential tenants
shall require one zoning certificate of use per building.
Apartment buildings, hotels, and other residential occupancies
containing commercial tenants shall require additional zoning
certificates of use for each commercial activity contained therein.
Industrial buildings containing one tenant shall require a single zoning
certificate of use.
Industrial and commercial buildings containing more than one tenant
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(c)
(2)
(3)
shall require a zoning certificate of use for each tenant.
Upon the issuance of a zoning certificate of use for a building and/or premises,
an annual inspection schedule will be established and annual inspections will
be conducted thereafter.
Annual inspections will be conducted to determine that each building and/or
premises complies with the regulations established in the city zoning
ordinance, building code, fire code, health regulations, and such other
regulations that may apply to the particular building or premises.
Annual reinspection of buildings and premises:
(1)
(2)
(3)
(4)
Annual reinspection certificates will be issued, and each existing use and/or
premises shall be inspected annually to determine that it complies with the
provisions of applicable ordinances and regulations.
The owner will be notified of any deficiencies noted, and appropriate
reinspections may be made to determine that the deficiencies have been
corrected.
With the exception of life -safety facilities (which may be from time to time
required to be upgraded by the provisions of the South Florida Building Code
or the city fire code), only those regulations which were in effect at the time a
particular occupancy or use was established will be applicable.
The invoice for the issuance of the annual reinspection certificate will be billed
during the year and said fees are herein fixed as follows:
a.
b.
c.
Apartment building:
3-12 dwelling units 53.00
13-50 dwelling units 74.00
Plus, per unit over 50 2.50
Hotel, motel, roominghouse:
3-12 rental sleeping units 53.00
13-50 rental sleeping units 74.00
Plus, per unit over 50 2.50
Commercial and industrial buildings used for:
1.
Retail sales:
Not exceeding 500 square feet of floor area 42.00
Exceeding 500 square feet but less than 2,500 square feet of
floor area 53.00
Exceeding 2,500 square feet but less than 5,000 square feet of
floor area 63.00
Exceeding 5,000 square feet but less than 15,000 square feet
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d.
2.
3.
of floor area 74.00
Exceeding 15,000 square feet but less than 25,000 square feet
of floor area 84.00
Exceeding 25,000 square feet but less than 50,000 square feet
of floor area 95.00
Exceeding 50,000 square feet of floor area 105.00
Wholesale and storage use:
Not exceeding 500 square feet of floor area 42.00
Exceeding 500 square feet but less than 2,500 square feet of
floor area 53.00
Exceeding 2,500 square feet but less than 5,000 square feet of
floor area 63.00
Exceeding 5,000 square feet but less than 15,000 square feet
of floor area 74.00
Exceeding 15,000 square feet but less than 25,000 square feet
of floor area 84.00
Exceeding 25,000 square feet but less than 50,000 square feet
of floor area 95.00
Exceeding 50,000 square feet of floor area 105.00
Convenience stores 79.00
"Convenience stores," as used in this section, means any place
of business that is engaged in the retail sale of groceries,
including the sale of prepared foods, and gasoline and services,
that is regularly opened for business at any time between the
hours of 10:00 p.m. and 5:00 a.m. and that is attended during
such hours by one employee. The term "convenience store"
does not include a store which is solely or primarily a restaurant.
The term "convenience store" does not include any store in
which the owner and members of his family work in the store
between the hours of 10:00 p.m. and 5:00 a.m.
Office building used for general office use:
1
Without merchandise on the premises:
Less than 500 square feet of floor area 42.00
Exceeding 500 square feet but less than 2,500 square feet of
floor area 53.00
Exceeding 2,500 square feet but less than 5,000 square feet of
floor area 63.00
Exceeding 5,000 square feet but less than 15,000 square feet
of floor area 74.00
Exceeding 15,000 square feet but less than 25,000 square feet
of floor area 84.00
Exceeding 25,000 square feet but less than 50,000 square feet
of floor area 95.00
Exceeding 50,000 square feet of floor area 105.00
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e.
f.
g.
h.
k.
2.
With combined sales of merchandise: Each retail or wholesale
outlet will be assessed individually as previously provided for.
Manufacturing use:
Not exceeding 500 square feet of floor area 42.00
Exceeding 500 square feet but less than 2,500 square feet of floor
area 53.00
Exceeding 2,500 square feet but less than 5,000 square feet of floor
area 63.00
Exceeding 5,000 square feet but less than 15,000 square feet of floor
area 74.00
Exceeding 15,000 square feet but less than 25,000 square feet of floor
area 84.00
Exceeding 25,000 square feet but less than 50,000 square feet of floor
area 95.00
Exceeding 50,000 square feet of floor area 105.00
Parking lots, garages, auto and equipment sales:
Not exceeding 20,000 square feet of site area 53.00
Exceeding 20,000 square feet of site area but less than 50,000 square
feet of site area 63.00
Exceeding 50,000 square feet of site area 105.00
Amusement parks, dog tracks, and frontons, including off-street parking
areas and all retail outlets located at principal building structure,
minimum fee 263.00
Arenas, dancehalls, pool halls and bowling lanes:
Not exceeding 20,000 square feet of floor area 63.00
Exceeding 20,000 square feet of site area but less than 50,000 square
feet of floor area 84.00
Exceeding 50,000 square feet of site area 105.00
Theaters (live and film):
First 100 seating capacity 79.00
100-500 seating capacity 105.00
Plus, each seat over 500 2.00
Private hospitals:
Not exceeding 100 beds 131.00
Plus, each bed over 100 1.75
Private schools (grades one through 12):
Not exceeding 10,000 square feet of floor area 79.00
Exceeding 10,000 square feet but less than 50,000 square feet of floor
area 105.00
Exceeding 50,000 square feet of floor area 131.00
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(d)
(5)
(6)
m.
n.
o.
p.
q.
Miscellaneous. All uses of buildings not previously covered by this
section shall be assessed a fee as provided for under "retail sales."
Marinas:
3 to 12 boatslips 53.00
12 to 50 boatslips 105.00
Plus per boatslip over 50 2.00
Restaurants, lounges, bars, takeout restaurants:
0 to 50 seats 79.00
51 to 100 seats 105.00
101 to 200 seats 131.00
Plus each seat over 200 1.75
Pawnshops:
Not exceeding 1,000 square feet of floor area 79.00
Exceeding 1,000 square feet but less than 5,000 square feet of floor
area 105.00
Exceeding 5,000 square feet of floor area 131.00
Day care centers and nursery schools:
Profit 105.00
Nonprofit 79.00
Community -based residential facilities:
Profit 105.00
Nonprofit 79.00
When a reinspection is required due to continued life safety violations after the
second inspection by the department of fire -rescue, there shall be charged a
fee of $53.00.
Any renewal fee specified in subsection (c)(4) above, which is not paid by the
due date specified, will be considered delinquent and assessed a penalty of
ten percent of the current renewal fee plus an additional five -percent penalty
for each month of delinquency thereafter, until paid. However, the total
delinquency penalty shall not exceed 25 percent of the certificate of use fee
for any annual period.
Fees for accessory use certificates.
(1)
All persons desiring to use a residential building structure located within a
residential zone permitting a home occupation shall apply to the planning,
building and zoning department for an accessory use certificate, which shall
be granted upon payment of an annual fee of 79.00 $83.00 to the city and
when issued shall be valid through the following September 30. In instances
where a person 65 years of age or over is engaged in the conduct of home
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File Number: 10-01009
(e)
(f)
(2)
occupation, there shall be no required payment of an accessory fee in
conjunction with the issuance of an accessory use certificate or the
subsequent renewal of such certificate. All renewals of accessory use
certificates shall be made on the subsequent renewal of such certificate or
before October 1 of each calendar year.
Those owners of private pleasure craft and housebarges on the Miami River
on October 24, 1991, which qualify under applicable sections 9 1 and 2502 of
the zoning ordinance No. 11000, shall apply to the building and zoning
department for a housebarge/private pleasure craft accessory use certificate,
which subject to inspection and compliance with applicable regulations, shall
be granted upon the payment of an annual fee of $263.00 $276.00; all
required renewals shall be made on or before January 1 of each year
hereafter.
Zoning inspection.
(1)
(2)
(3)
(4)
The City of Miami will provide, upon request of the owner or owner's agent, an
on -site inspection of properties within the City of Miami by the planning,
building and zoning department to ascertain whether zoning violations openly
exist on the real property.
The following fee shall be paid prior to each such inspection for each lot:
zoning inspection fee, $84.00.
A report on the results of each such inspection will be issued to the owner or
owner's agent and shall only constitute prima facie evidence of
compliance/noncompliance with the city's zoning ordinance and shall not be
conclusive proof of compliance/noncompliance with said zoning ordinance.
Should a zoning violation be observed by a city zoning inspector during the
course of an on -site inspection, the property owner will be required to appear
before the code enforcement board of the City of Miami in regard to such
violation no sooner than 30 days after said inspection, except as provided in
Code section 2-814(c).
There is hereby established a schedule of fees for reviewing plans on new
construction and inspecting new construction performed by the department of
fire -rescue; except for single-family and duplex residents:
(1)
(2)
(3)
Minimum fee $53.00
New building or additions:
Each 100 square feet or fractional part of floor area 1.50
New construction other than as specified herein: (Water towers, pylons, bulk
storage -tank foundations, seawalls, bulkheads, unusual limited -use buildings,
freestanding rigid canopies, marquees and similar construction.)
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(4)
(5)
Each $1,000.00 of estimated cost or fractional part 1.50
Alterations and repairs to buildings and other structures:
Up to $1,000.00 of estimated cost or fractional part 5.00
Each additional $1,000.00 of estimated cost or fractional part 1.50
Expedited plan review service:
Reviews conducted by external entity: Actual cost plus 20 percent.
Reviews conducted internally: Per every four hours of review or fraction
thereof 263.00
Sec. 2-208. Fee for inspections and examinations of plans for compliance with the provisions of
the City of Miami zoning ordinance and fees for zoning information letters.
(a)
There is hereby established the following fee per square foot of total land area
encompassed in the project at the time the application is made for the construction of
a new building, change of use of building, or an addition (proportional part of land
area), for the purpose of examination of the plans and site development and
subsequent inspections of the building site prior to the issuance of the certificate of
occupancy and subsequent thereto to assure original and continued compliance with
the provisions of the city zoning ordinance, Ordinance Number 11000:
Single-family and duplexes $0.01
Three stories or less: All uses except single-family and duplexes 0.015
In excess of three stories: All uses except single-family and duplexes 0.016
This fee shall be in addition to the building permit fee.
Minimum fee:
Miscellaneous permits including remodeling up to 650 square feet in area
53.00
All other permits 105.00
(b)
Fees for review by the zoning section of the planning, building and zoning department
of plans for a special permit and/or for a public hearing:
(1)
(2)
Class II permits Warrants $53.00
Special cExceptions, variance and major use special permit Special Area
Plans:
a.
b.
c.
Single-family or duplex 105.00
Multiple dwelling per square foot of net lot area 0.05
Minimum 210.00
Maximum 1,050.00
Nonresidential and mixed uses, per square foot of net lot area 0.55
Minimum 263.00
Maximum 2,100.00
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File Number: 10-01009
This fee shall be in addition to the building permit fee. Any fees for special permits under
previous codes shall be commensurate with those charged for similar permits herein.
(c)
Fees for review of alcoholic beverage applications according to chapter 4 of the City
of Miami Code:
(1)
(2)
(3)
(4)
Beer and wine bar (2COP) $210.00
Liquor bar (4COP) 263.00
Package store (4COPP or 3APS) 263.00
Incidental liquor or beer and wine license (including 4COP SRX) 210.00
There is hereby established a schedule of fees for preparation of zoning verification
and related zoning information letters; this includes but is not limited to: Verification of
Zoning, Condominium letters, rebuild letters or other specific questions of
interpretation; $125.00.
Sec. 2-209. Bond required for the moving of buildings.
(a)
(b)
(c)
(d)
Authorization. The director of the planning, building and zoning department is
authorized to require that a bond be posted in connection with the moving of buildings
to assure that any property damage caused during transportation is repaired.
Amount of bond. Amount of required bond will be determined as follows: $0.50 per
square foot of building to be moved. Bond may be from a surety company or a
cashier's check, payable to the "City of Miami," or cash.
Release of bond.
(1)
(2)
When the moving of any building for which a permit has been granted is
completed and all damage, if any, to public streets or other public property has
been repaired to the satisfaction of the director of the public works department
and all costs of repairing the damages have been paid, any portion of the
bond then remaining shall be returned. Should the cost, however, of repairing
damages and/or performing other work as may be required hereunder exceed
the total amount of the bond, the person or firm to whom said permit was
granted shall be held liable for the amount of damages and/or other costs
which are in excess of the bond proceeds.
Prior to release of bond or return of unused monies, the fee set forth in the
then -existing permit fee schedule for reinspections shall be paid or deducted
from said bond proceeds for each required inspection or reinspection.
Retention of unclaimed bond. All right, title and interest in bond proceeds which have
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File Number: 10-01009
been or which may be deposited with the city by reason of building moving activity,
unless claimed by the person or firm submitting the same within 90 days from the date
that notice has been sent by the city via certified mail to the last known address of the
said person or firm, shall be vested in the city, and shall be promptly paid into the city
treasury.
Sec. 2-210. Phased design and construction (east track).
(a)
(b)
(c)
Procedures and guidelines. Procedures and guidelines for requests by
owner/developer or owner shall be in accordance with those maintained as required
by the department of fire -rescue, and the planning, building and zoning department,
and attached hereto, but not reproduced at length herein and on file in the offices of
the respective departments.
Application and agreements. Application for approval and required agreement of
design and construction procedure shall be as outlined in the aforementioned
procedures and guidelines.
Fees. Fees shall be as paid in accordance with fee schedule as provided in
Ordinance No. 6145 as amended, section 5d.(24) [adopting the South Florida Building
Code, on file in the office of the city clerk].
*11
Section 3. Chapter 62/Article VI of the City Code, entitled "Zoning and Planning/Zoning and
Planning Fees", is amended in the following particulars: {1}
"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,
any application for a change in the district classification or modification of the
regulations affecting any property or for a plan amendment or for any 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 in
addition to a service fee of $3.50 as set forth in Chapter 2, Section 2-499 of this code.
Moreover, all costs of advertising in newspapers of general circulation, associated with
the fees herein, shall be paid by the applicant.
(1)
Change of zoning district classification to:
a.
CS, T3-R, T3-L, T3-O:
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(2)
(3)
b.
c.
Per square foot of net lot area $0,1-5 $0.16
2.
Minimum 635.00 $667.00
T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI:
1.
Per square foot of net lot area $0,2-0 $0.21
2.
Minimum 750.00 $788.00
T6-8, 0, T6-12, 0, T6-24 0, D1, D2, D3:
1.
Per square foot of net lot area $0.25 $0.27
2.
Minimum 900.00 $945
T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD:
1.
Per square foot of net lot area $0.30 $0.32
2.
Minimum 1,000.00 $1050.00
Application to amend the comprehensive plan to:
a.
b.
c.
d.
e.
f.
Conservation, recreation, residential single-family, residential duplex
$300.00 $315.00
Residential low and medium density multifamily /150.00 $473.00
Residential high density multifamily, office, major public facilities,
transportation/utilities 550.00 $578.00
Commercial/restrictd, meral/general and industrial 650.00 $683.00
Central business district (CBD) 1,200.00 $1260.00
Surcharge for advertising each item 1,200.00 $1260.00
Variances:
a.
b.
c.
CS, T3 (single-family and duplex residential uses) 250.00 $263.00
Piers, docks, wharves and the like, for each variance from the
ordinance, per lineal foot /15.00 $48.00
Minimum 700.00 $735.00
All applications for variances relating to the same structure shall be
assessed a single fee to be calculated per square foot of floor area of
the proposed structure or addition, based upon the definition of floor
area found in section 1.2 of Miami 21 zoning ordinance as amended
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(4)
(5)
(6)
(7)
(8)
0.10 $0.11
Minimum 650.00 $683.00
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, T3 $250.00 $263.00
All other residential districts /150.00 $473.00
All nonresidential districts 550.00 $578.00
Extension of time for variance 500.00 $525.00
Temporary uses and occupancies permits.
b.
c.
d.
a.
b.
Garage sale permit $25.00
Other temporary use and occupancy permits 150.00 $158.00
Waiver.
a.
b.
c.
d
e.
Per square foot of floor area as defined in section 1.2 $0.023 $0.024
Minimum /150.00 $473.00
Extension of time for waiver 150.00 $158.00
Demolition 150.00 $158.00
All other applications as required by the zoning ordinance that may not
be calculated based on square feet of floor area as defined in section
1.2 150.00 $158.00
Warrant.
a.
b.
c.
d.
e.
Signs $75.00 $79.00
Per square foot of floor area as defined in section 1.2 _0.023 $0.024
Minimum /150.00 $473.00
Extension of time for warrant 150.00 $158.00
All other applications as required by the zoning ordinance that may not
be calculated based on square feet of floor area as defined in section
1.2 150.00 $158.00
Exception.
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(9)
(10)
a.
Exception permit $800.00 $840.00
Extension of time for exception 500.00 $525.00
Exception permit requiring city commission review 2,000.00 $2100.00
Special area plans.
b.
c.
a.
b.
c.
d.
Applications for special area plans pursuant to article 3, section 3.9, per
acre $3,000.00 $3150.00
Maximum fee /15,000.00 $47,250.00
Advertising 1,150.00 $1208.00
Traffic study review /1,500.00 $4725.00
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):
a.
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 $0.0-5
$0.06
1.
2.
3.
4.
5.
6.
7
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 $0.85
For alterations defined as a substantial change, per square foot
of directly -affected floor area 0.05 $0.06
Minimum for applications for residential projects filed after April
15, 1993 (except for nonsubstantial amendments 5,000.00
$5250.00
Minimum for applications for nonresidential or mixed use
projects filed after April 15, 1993 (except for nonsubstantial
amendments 7,500.00 $7875.00
Maximum per phase for applications for residential projects
30,000.00 $31,500.00
Maximum per phase for applications for nonresidential or mixed
use projects /15,000.00 $47,250.00
Nonsubstantial amendment 3,000.00 $3150.00
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b.
c.
8.
Surcharges:
A.
B.
Advertising 1,150.00 $1208.00
Traffic study review /1,500.00 $4725.00
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 $0.085
1.
2.
3.
4.
5.
6.
7
8.
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 0.1 $0.15
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
$0.085
Minimum for applications for residential projects filed after April
15, 1993 (except for nonsubstantial amendments 10,000.00
$10,500.00
Minimum for applications for nonresidential or mixed use
projects filed after April 15, 1993 (except for nonsubstantial
amendments 15,000.00 $15,750.00
Maximum per phase for applications for residential project
65,000.00 $68,250.00
Maximum per phase for applications for nonresidential or mixed
use projects 75,000.00 $78,750.00
Nonsubstantial amendment 5,000.00 $5250.00
Surcharges:
A.
Advertising 1,150.00 $1208.00
B.
Traffic study review /1,500.00 $4725.00
Additional fees for any required changes of zoning, variances or
exceptions shall be in accord with the fees listed elsewhere in this
section. Only the non 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)(12) 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;
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File Number: 10-01009
(12)
(13)
(14)
(15)
otherwise the full fee will be charged. When an exception permit also
requires a waiver or warrant special permit, no additional fee will be
charged for the subsidiary permit if the applications are concurrent.
Vacation of public right-of-way:
a.
b.
Original submittal:
1.
2.
Per square foot of right-of-way $0.90 $0.95
Minimum 1,200.00 $1260.00
Resubmittals:
1.
2.
3.
Per square foot of right-of-way $0.90 $0.95
Minimum 1,200.00 $1260.00
Maximum 1,700.00 $1785.00
Petition for public hearing not covered elsewhere in this section 800.00
$840.00
Petition for public hearing not covered elsewhere in this section requiring city
commission review 2,000.00 $2100.00
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.
Non -substantial modification not specified elsewhere in this section shall pay
an application fee equal to 50 percent of the original permit fee.
Other charges. The following shall apply in addition to the permit fee to any
application when so required by said permit application:
a.
b.
c.
Public hearing and public meeting mail notice fees, including cost of
handling and mailing per notice $-3.50 $3.70
Public hearing and public meeting package mailing fees; including cost
of handling and mailing per package sent 5.00 $5.25
Advertising 1,500.00 $1575.00
Traffic study review /1,500.00 $4725.00
The maximum fee to be charged any governmental agency other than the city for any
public hearing shall be $900.00 $945.00 per hearing. The maximum fee to be charged
d.
(b)
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File Number: 10-01009
(c)
(d)
any religious institution or any institution of an eleemosynary character for any change
of zoning or variance shall be $900.00 $945.00 per hearing; any institution so applying
shall submit its articles of incorporation to the director of the department of planning
for review prior to acceptance of the application.
A surcharge will be collected at the time of application for any variance, exception,
warrant, waiver, or special area plan, subsection (a)(15), or combination thereof, equal
to the initial fee, not to exceed $800.00 $840.00, except from agencies of the city;
such surcharge to be refunded to the applicant if there is no appeal from a property
owner within 500 feet of the subject property.
All fees in excess of $25,000.00 shall be paid in the form of a certified check, cashier's
check, or money order.
Sec. 62-157. Request for review.
(a)
All requests for review of decisions of the zoning administrator or the director of the
department of planning, or by the planning, zoning, and appeals board under article 7,
the Miami 21 zoning ordinance, as may be amended (except agencies of the city)
shall be accompanied by a fee of $500.00 $525.00; provided, however, if at least 20
percent of the property owners located within 375 feet of the subject property which
has been granted a waiver or warrant permit shall, in writing, request review within the
time limits set out, then no review fee shall be charged.
(b)
(c)
(d)
(e)
All requests for review of decisions of the planning, zoning, and appeals board as
reviewed under article 7, the Miami 21 zoning ordinance, as may be amended 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 $840.00;
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.
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 $630.00, such fee to be paid by the applicant.
Where the city commission itself may initiate a request for review, such request shall
be initiated only by duly adopted resolution of the commission.
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.
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
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File Number: 10-01009
F.S. ch. 63, except for the cost of required advertising, notices and postings, special area
plan fees (including constituent elements of said permit such as rezonings, variances,
exception, warrant and waiver special permits) may be partially deferred for any amount
above the minimum application fee of $5,000.00 $5250.00 as specified in article VI, section
62-156, 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, 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)
(b)
The fees required under this chapter may be waived by the director of planning for
entities and agencies of the City of Miami.
The director of planning and zoning 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 4. 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 5. This Ordinance shall become effective immediately upon final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1 } Words and/or figured stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicated 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.
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