HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE
File ID: #5988
Ordinance
Sponsored by: Ken Russell, Commissioner, Francis Suarez, Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "PLANNING AND ZONING;" MORE SPECIFICALLY BY
AMENDING SECTION 62-22, TITLED "SCHEDULE OF FEES," AND SECTION
62-32, TITLED "SCHEDULE OF FEES," TO PROVIDE CLARIFICATION ON
PLANNING AND ZONING FEES, CAP CERTAIN PLANNING AND ZONING
FEES, ADD FEE SCHEDULES FOR CERTAIN PERMITS, PROVIDE FOR A
SCHEDULE OF REFUNDS FOR CERTAIN FEES, AND ENSURE
CONSISTENCY WITH OTHER CITY CODE SECTIONS REGARDING FEES;
AMENDING SECTION 62-661, TITLED "CREATION OF PUBLIC ART FUND,"
TO ALLOCATE CERTAIN SPECIFIED FEES TO THE HISTORIC
PRESERVATION TRUST FUND; FURTHER ENACTING ARTICLE XVII, TITLED
"HISTORIC PRESERVATION TRUST FUND," SECTIONS 62-663 TO 62-665,
ESTABLISHING SUCH FUND, PROVIDING FOR ITS PURPOSE, INTENT,
TRUST FUND ALLOCATIONS, AND PAYMENTS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 5988 (Revision: A) Printed On: 4/28/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13872
File Number: 5988 Final Action Date: 11/21/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "PLANNING AND ZONING;" MORE SPECIFICALLY BY
AMENDING SECTION 62-22, TITLED "SCHEDULE OF FEES," AND SECTION
62-32, TITLED "SCHEDULE OF FEES," TO PROVIDE CLARIFICATION ON
PLANNING AND ZONING FEES, CAP CERTAIN PLANNING AND ZONING
FEES, ADD FEE SCHEDULES FOR CERTAIN PERMITS, PROVIDE FOR A
SCHEDULE OF REFUNDS FOR CERTAIN FEES, AND ENSURE
CONSISTENCY WITH OTHER CITY CODE SECTIONS REGARDING FEES;
AMENDING SECTION 62-661, TITLED "CREATION OF PUBLIC ART FUND,"
TO ALLOCATE CERTAIN SPECIFIED FEES TO THE HISTORIC
PRESERVATION TRUST FUND; FURTHER ENACTING ARTICLE XVII, TITLED
"HISTORIC PRESERVATION TRUST FUND," SECTIONS 62-663 TO 62-665,
ESTABLISHING SUCH FUND, PROVIDING FOR ITS PURPOSE, INTENT,
TRUST FUND ALLOCATIONS, AND PAYMENTS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") wishes to ensure that new planning, zoning, and
historic preservation permits provided for in Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21 Code"), and the Code of City of Miami, Florida,
as amended ("City Code"), are specifically addressed in the Schedule of Fees in Chapter 62 of
the City Code; and
WHEREAS, pursuant to Ordinance No. 13785 adopted on September 13, 2018, the City
Commission authorized the transfer of unused Density from historic resources to new
construction within Transit Oriented Development ("TOD") areas and amended regulations
regarding the transfer of development rights; and
WHEREAS, T3-R, "Sub -Urban Zone — Restricted," and T3-L, "Sub -Urban Zone —
Limited," properties do not have transferable development rights or Density available to sell and
are excluded from the program; and
WHEREAS, the Historic Preservation Trust Fund will collect funds for distribution to
properties qualifying for assistance, with a priority given to need -based cases; and
WHEREAS, the City Commission, Mayor, and City Manager have identified funding for
affordable housing as a priority within the City;
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.
City of Miami File ID: 5988 (Revision: A) Printed On: 4/28/2025
Section 2. Chapter 62 of the City Code, titled "Planning and Zoning", is further
amended in the following particulars:1
"CHAPTER 62
PLANNING AND ZONING
ARTICLE VI. -ZONING AND PLANNING FEES
Sec. 62-22. — Schedule of Fees
(15) Other charges. File search fees shall be set administratively, but shall not
exceed comparable fees as established by Miami -Dade County. The following shall apply
in addition to the permit fee to any application when so required by said permit application:
a. Public hearing and public meeting mail notice fees, including cost of handling
and mailing per notice $4.50.
b. Public hearing and public meeting package mailing fees; including cost of
handling and mailing per package sent $6.00.
c. Advertising $1,500.00.
d. Traffic study review $6,000.00.
e. Land use certification letters $100.00.
f. Document certification, per page $1.00_
g. Request to alter Transit Oriented Development areas..... $3,500.00.
ARTICLE VII. - HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
Sec. 62-32. - Schedule of fees.
100.00
Plus $/1 50 per r r notice 500 fog thus as appli blo
����eq�ed�R��-�,Ea,�
Certificate to dig, administrative 75.00
Certificate to dig, reviewed by historic and environmental preservation board 150.00
Archeological permits requiring review or site visit by archeologist 100.00
Transfer of development rights (TDR) 150.00
Plus $0.05 per square foot of floor lot area to be transferred.
Initial review of historical significance for preliminary evaluation 150.00
Any other permit requiring historic and environmental preservation board approval
100.00
Plu 5-0� r reg fired noti� foot radiu-s�plic bbllee.
crr uTr Trvcr �vv
Special certificate of appropriateness Review of for new construction 150.00
Plus $0.05 per square foot of floor lot area.
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.
City of Miami File ID: 5988 (Revision: A) Printed On: 4/28/2025
Permitted time extensions not to exceed 12 months 50.00
Ad valorem tax rebate exemption application fee 50.00 $262.50
All after the fact permit fees are two times the original permit fcc (no after the fact permits
for TDR or time extensions).
Any other administrative -perms 50.00
Public Notice
LU Notice fees as set forth in Section 62-22(15).
Advertising fee for applications for Homesteaded properties within T3 Transects
$0.00.
Advertising fee for applications within T4 Transects or higher as set forth in
Section 62-22(15).
All After -the -fact permits assessed at double normal rates.
Standard Certificate of Appropriateness (COA).....$0.00.
LQ Special Certificate of Appropriateness (SCOA)
Demolition..... $500.00.
New Construction/Relocation
a. Single Family and Duplex.....$200.00.
b. Other and Commercial.....$300.00.
c. Plus $0.05 per square foot.
Modifications
a. Single Family and Duplex.....$150.00.
b. Other and Commercial.....$250.00.
c. Plus $0.05 per square foot.
Waivers
a. Single Family and Duplex.....$200.00.
b. Other and Commercial.....$300.00.
c. Permits otherwise requiring Planning, Zoning, and Appeals Board
approval Sixty-five percent (65%) of typical permit fee.
Certificates of Approval (CEA)
Llj Single Family and Duplex.....$75.00.
gj Other and Commercial.....$150.00.
Special Certificates of Approval (SCEA)
Llj Single Family and Duplex.....$150.00.
gj Other and Commercial.....$250.00.
Certificate to Dig (CTD)
Llj Single Family and Duplex.....$75.00.
gj Other and Commercial.....$150.00.
Archaeological Monitoring $100.00 for first hour and $50.00 for each additional hour.
Llj Archaeological Field Work and Excavation $150.00 for first hour and $65.00
for each additional hour.
Q1 Special Certificate to Dig
Llj Single Family and Duplex.....$150.00.
gj Other and Commercial.....$250.00.
Time Extensions
City of Miami
File ID: 5988 (Revision: A) Printed On: 4/28/2025
SCOA and COA: Max 12 month extension $75.00.
SCEA and CEA: Max 12 month extension... $75.00.
SCTD and CTD: Max 12 month extension... $75.00.
Designation Report Requests
Initial review of historic significance (Preliminary Evaluation) $150.00 plus
$0.05 per square foot of floor area under consideration.
21 Individual Property (Final Evaluation) $50.00.
M Designation Report Requests: Districts
up to 20 contributing resources..... $500.00.
21 each additional contributing resource $50.00.
(m)Transfer of development rights and density fees
Certificate of Eligibility........$200.00.
21 Conditional Certificate of Transfer......... $300.00 plus $0.06 per square foot of
floor lot area to be transferred.
g1 Plus $200.00 per unit of density to be transferred.
Certificate of Transfer if no conditional Certificate of Transfer issued $300.00.
Plus $0.06 per square foot of floor lot area to be transferred.
21 Plus $200 per unit of density to be transferred.
An additional amount equal to fifteen percent (15%) of the value of the capital
improvements pursuant to Section 23-6 will be retained:
Five percent (5%) for the Historic Preservation Trust Fund as per Article XVII.
21 Ten percent (10%) for the Public Benefits Trust Fund, particularly for
Affordable/Workforce Housing as per Article XIV, with priority of five percent (5%)
for the City's Senior Rental Assistance Program, and five percent (5%) for the
City's Employee Homeownership Assistance Program.
Lpj Deferment or Continuance of Hearing
Llj After the Legal Ad has been placed $150.00.
Appeals of Designations for properties zoned T3-O to City Commission $0.00.
2.1 Ad -valorem Tax Abatement Application
Llj Residential
a. Single Family..... $50.00.
b. Multi -Family under 30 units 262.50.
c. More than 30 units 500.00.
gj Commercial
a. Under 10,000 sq. ft $1,250.00.
b. 10,001-50,000 sq. ft $3,000.00.
c. 50,001-100,000 sq. ft..... $6,000.00.
d. Over 100,000 sq. ft $9,000.00.
Mixed -Use
a. Combination of the above as applicable
Any other permit requiring historic and environmental preservation board approval
$100.00 plus noticing pursuant to Section 62-32(a), as applicable.
21 Any other administrative permits $50.00 plus noticing pursuant to Section 62-32(a),
as applicable.
City of Miami File ID: 5988 (Revision: A) Printed On: 4/28/2025
ARTICLE XVI. - ART IN PUBLIC PLACES
Sec. 62-661. - Creation of Public Art Fund.
There is hereby created within the City a trust fund to be known as the City of Miami
Public Art Fund. This public art fund shall be maintained by the City and shall be used for the
acquisition, installation, improvement, maintenance, and insurance of art, arts education
programming, grants, and administrative costs of the public art program as follows:
(1) All monies received by the City pursuant to the requirements of the public art
program or from endowments, gifts, or donations to the city designated for
public art shall be placed in the Public Art Fund. All monies within the Public Art
Fund shall be deposited, invested, expended, and accounted for as follows:
c. Ten percent (10%) of the fees collected annually shall be allocated towards the
Historic Preservation Trust Fund under Article XVII. restoration or rehabilitation of
either pi blicly or privately owned historic resoi irces that are indiyidi ally
designated or contributing structures within a locally designated historic district or
master plan Fees allocated b t not expended within a fiscal deer shell be rolled
ova- to the -next sslyear and allocated for theisame p oses Privately T d
u �vr varrr vc v�—rrcacc ca
histo}yric resoi irces shall be allooca/t+ed R149nies from the publc�+ arrt fi ind through a/+
grrai, nt appFrplicakion1T proceessa.�/. descrribJed in ar mastel pl�laTr—Th c
art division will review reallygrant applications in consultation with the historic
pservation d the hoffi isstoric denvir�ronmental presservartion boar . The
pi blic art division and the historic preservation office in consi iltation with the
ig-
historic and environmental preservation beard shall have the discretion to
recommend to the AIPPB for final decision and expenditure of funds. Restoration
or rehabilitation shall be in accordance with chapter 23 and subject to the
approval of a certificate of appropriateness by the historic and environmental
preservation board.
ARTICLE XVII. HISTORIC PRESERVATION TRUST FUND
Sec. 62-663. Purpose and intent.
It is intended that the "Historic Preservation Trust Fund" be established for funding to be
made available for improvements to qualifying homes in T3 Transects and historically
designated resources.
Sec. 62-664. Trust fund payments.
Payments into the trust fund shall include, but not be limited to, monies collected
pursuant to Chapter 62 - Article XVI - Art in Public Places and Chapter 23 - Historic
Preservation.
Sec. 62-665. Established.
City of Miami File ID: 5988 (Revision: A) Printed On: 4/28/2025
There is hereby established a trust fund titled "Historic Preservation Trust Fund" into
which funds shall be deposited and disbursed pursuant to this Article.
Fees allocated and interest collected but not expended within a fiscal year shall be rolled
over to the next fiscal year and allocated for the same purposes.
Eighty percent (80%) or more of funds will be allocated towards improvements for
qualifying homes in T3 Transects and Locally Designated Historic Resources pursuant
to Chapter 23.
LU Funds to be allocated to private property shall be managed through a grant
process administered by the Planning Department and the Department of
Housing and Community Development in consultation with all other relevant City
departments and any required external experts.
a. Grant funds shall be allocated based on the following criteria in order of
importance:
1. Properties in T3 Transects that are unable to sell development
rights or Density;
2. Economic hardship as measured by the income of property owner.
3. Age of the property owner with priority given to property owners
over 60 years of age or older.
4. Ownership status with priority given:
o First, to homesteaded property owners;
o Second, to not -for -profit entities, organizations, or
institutions providing Affordable Housing;
o Third, for -profit entities, organizations, or institutions
providing Affordable Housing;
o Fourth, non-profit organizations;
o Fifth, all other applicants;
5. Historic significance of the Historic Resource;
6. Ability to complete work within a reasonable time frame.
b. The Planning Department will make recommendations to the Director of
the City's Department of Housing and Community Development, who will
make a final determination for disbursement of funds.
c. Grant funds not expended within a reasonable time frame must be
promptly returned to the City.
gj Funds to be allocated to publicly -owned resources will be approved by the
Historic and Environmental Preservation Board ("HEPB"). Publicly owned for this
subsection shall mean owned by a governmental or public agency.
LcjI Up to twenty percent (20%) of the fees collected annually may be allocated towards
administrative costs and staffing associated with Historic Preservation.
Secs. 62-666-62-699. - Reserved."
Section 3. This Ordinance shall apply retroactively to any application or to any appeal
that has been timely submitted but has not yet been scheduled for public hearing as of the
effective date of this Ordinance.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami File ID: 5988 (Revision: A) Printed On: 4/28/2025
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 5988 (Revision: A) Printed On: 4/28/2025