O-627-00 ORDINANCE NO. 627-00
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
SECTION 703 OF THE MIAMI SHORES LAND DEVELOPMENT AND
ZONING CODE, DELETING THE REFERENCE TO A $50.00 FEE FOR A
VARIANCE REQUEST APPLICATION AND AMENDING ARTICLE IX -
ADMINISTRATION,OF THE MIAMI SHORES LAND DEVELOPMENT AND
ZONING CODE BY ADDING A SECTION 909 AUTHORIZING AND
DIRECTING THE VILLAGE MANAGER OR HIS DESIGNEE TO ESTABLISH
AND PROMULGATE A FEE SCHEDULE RELATING TO APPLICATIONS
FOR VARIANCES, SITE PLAN REVIEWS, REZONING REQUESTS,
COMPREHENSIVE PLAN AMENDMENTS AND SPECIAL
EXCEPTIONS/COUNCIL APPROVALS, PROVIDING FOR SEVERABILITY,
PROVIDING FOR CONFLICT AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the provisions of the Village Code and the Miami Shores Land Development
and Zoning Code do not contain specific authorization for the determination and promulgation of
appropriate fees to off-set the Village's expenses in connection with the processing of variance
requests, site plan reviews, rezoning requests, comprehensive plan amendments and special
exceptions/Council approvals; and
WHEREAS, processing these type of applications are time consuming in terms of staff
hours necessary to review, analyze and bring such applications forward to the Planning Board or
Council; and
WHEREAS, certain applications may require, by statute, code or administrative policy,
that certain specific public notice or advertising standards be met, the cost of which should be
borne by the applicant; and
WHEREAS, it is in the best interest of the Village to provide the Village administration,
through the Village Manager, or his designee, with express authority to determine, establish and
promulgate a fee schedule for such applications designed to assure that the costs and expenses
incurred by the Village in connection therewith are properly borne by the applicants;
NOW, THEREFORE, BE IT ORDAINED, by the Village Council of Miami Shores
Village, Florida, that:
SECTION 1. Section 703 of the Miami Shores Land Development and Zoning Code
(otherwise known as the Zoning Appendix to the Code of Ordinances of Miami Shores Village)
is hereby amended by deleting the last sentence thereof, thereby deleting the existing $50.00 fee
for variance request applications.
SECTION 2. The Miami Shores Land Development and Zoning Code(otherwise known
as the Zoning Appendix of the Code of Ordinances of Miami Shores Village, Florida) is hereby
amended by adding a new Section 909 to Article IX - Administration, which section shall read,
in its entirety, as follows:
The Village Administration, through the Village Manager or his designee, shall be
authorized and directed to determine, establish and promulgate a schedule of
administrative fees to be charged and collected as a pre-condition to the processing
of variance requests, site plan review applications, re-zoning requests, applications
for comprehensive plan amendments and applications for special
exceptions/Council approvals, all in amounts sufficient to off-set the Village's
actual costs and expenses incurred in connection therewith, including but not
limited to expenses attributable to staff time, advertising and public notice expenses
and other out-of-pocket costs. This promulgated fee schedule may include an
appropriate hourly charge for additional staff review time for applications where
circumstances warrant or require the devotion of additional or unusual time thereto.
The Village Manager or his designee, at least annually, shall advise the Village
Council as to the amount of all such fees and the basis for their calculation.
SECTION 3. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
SECTION 4. If any section, sentence, cause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way effect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
SECTION 5. This Ordinance shall become effective immediately upon its adoption.
PASSED ON FIRST READING, this 17th day of October , 2000•
PASSED AND ADOPTED ON SECOND READING,this qday of November ,2000.
ATTEST: ���G►��7't'�-->
Mark S. Ulmer, Mayor
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Barbara A. Fugazzi, C C
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney
AAnew ordinance on appl fees.huni
The following fee schedule shall be charged prior when processing the following
applications:
Appeal of an Administrative Official: $25 (no mailout notice)
Variance—residential $225 (no mail-out, sign
in front yard)
Variance—commercial, college, or $500 (plus a special surcharge
community fac. if staff deems it necessary to
notify neighboring properties)
Site plan review—residential (new) $200 (plus a special surcharge
single family if staff deems it necessary to
notify neighboring properties)
Site plan review—residential(new) $400 (plus a special surcharge
multi-family if staff deems it necessary to
notify neighboring properties)
Site plan review-commercial (new) $500 (plus a special surcharge
if staff deems it necessary to
notify neighboring properties)
Site plan review-college (new bldg) $500 (plus a special surcharge
if staff deems it necessary to
notify neighboring properties)
Site plan review-community facility $500 (plus a special surcharge
if staff deems it necessary to
notify neighboring properties)
Rezoning $6,200 (includes noticing requirements
per State Statute)
Comprehensive Plan Amendment $8,200 (includes noticing requirements
per State Statute)
Special Exception/Council Approval $2,000 (includes noticing
requirements per State Statute)
A Special Surcharge will be assessed for actual noticing costs (labels,postage,publication
advertising, etc.). A charge of$50.00 per hour will be assessed whenever additional staff review
time is required to process plans.