Ord. No. 21-03-1805ORDINANCE NO 21 -03-1805
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE
PERMIT FEE SCHEDULE;AMENDING ORDINANCE 14-90-1454 AS
AMENDED BY ORDINANCES 6-92-1501,17-92-1512A,10-95-1583,
18-99-1692,28-00-1730,32-01-1763,AND 14-02-1782 IN ORDER TO
ADJUST THE FEE FOR RESTAURANT OUTDOOR SEATING,
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
WHEREAS,itisthepolicy of theMayorandCityCommissiontoadjustthe
City's Permit Fee Schedule to assure that fees charged are appropriate and comparable to
feeschargedinothermunicipalities;and
WHEREAS,theCityCommissiononNovember6,2001 adopted Ordinance No.
32-01-1763,whichadjustedthe City's PermitFeeSchedule;and
WHEREAS,theCity's Permit Fee Schedule currently contains a Schedule H
which includesanannualfeefor restaurant outdoorseating,which istobeaddedtothe
annual occupationallicensefee;and
WHEREAS,theCity Commission onNovember6,2001 specifically adopted a
motionthattheoutdoor restaurant seating annual feewastoremainat $250(waivedfor
first year ofoperation);and
WHEREAS,Ordinance No.32-01-1763 wasmemorializedwiththe
Administration's recommendation of amending the annual feefor restaurant outdoor
seatingto$25perseat/peryear;and
WHEREAS,theCity Commission atits October 7,2003 meeting determined that
theCity's Permit Fee Schedule should be corrected and directed thattheCity
Administration adjust the restaurant outdoor seating fee to reflect whatwas approved in
2001 and to limit the fee charged to restaurants having outdoor seating on public
sidewalks.
NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Pg.2 of Ord.No.21-03-1805
Section 1.ThatFeeSchedule(H)entitled "Land UseApplicationFees"of
Ordinance 14-90-1454,as amended by Ordinances 6-92-1501,17-92-1512A,10-95-158,
18-99-1692,28-00-1730,32-01-1763,and 14-02-1782 is amended by adjusting thefee
chargedforrestaurantoutdoorseating,asshownonPermitFeeSchedule(H)attachedto
this Ordinance.
Section2.Ifanysection,clause,sentence,orphrase of thisordinanceisforany
reasonheldinvalidorunconstitutionalbyacourtofcompetent jurisdiction,theholding
shallnot affect the validity of the remaining portions of this ordinance.
Section 3.Allordinancesorpartsofordinancesin conflict withtheprovisions
of this ordinance are repealed.
Section 4.This ordinance shalltake effect immediately upon approval.
PASSED AND ADOPTED this4_th day of November ,2003
ATTEST:
1st Reading-10/21/03
2nd Reading-11/4/03
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Attached:Permit Fee Schedule (H)
APPROVED:
COMMISSION VOTE:3-2
Mayor Feliu:Yea
Vice Mayor Russel:Yea
Commissioner Bethel:Nay
Commissioner McCrea:Yea
Commissioner Wiscomb:Nay
E:\Comm Items\2003\10-21-03\Fee Ordinance Amend-l0-21-03.doc
(H\LAND USE APPLICATION FEES
1.TEXT AMENDMENT TO LAND DEVELOPMENT CODE $1,750
2.REZONING
Ten acres or less $1,750
Over ten acres $13,500
3.SPECIAL USE PERMIT $1,750
4.APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD
ApplicationsfornewconstructionintheRSandRTzoning districts
Singleunit $350
All other applications for:
New construction $450
Renovation $150
Signs,fences,walls,etc.$50
ForeachadditionalappearancebeforetheBoard $50
5.VARIANCES
Firstvariancerequest $1,500
Eachadditionalvariancerequest $500
6.PLANNED UNIT DEVELOPMENT $3,000
7.CHANGES TO A PLANNED UNIT DEVELOPMENT $1,000
8.CLOSING OF ANY PUBLIC RIGHT-OF-WAY $1,500
9.WAIVEROFREQUIRED RIGHT-OF-WAY IMPROVEMENTS $1,500
10.WAIVER OF PLAT APPLICATION $3000
11.COMPREHENSIVE PLAN AMENDMENTS $20,000
12.SPECIAL EXCEPTION $1,750
13.ADMINISTRATIVE WAIVER $500
14.TEMPORARY SIGNAGE $35
15.SIDEWALK SALES $35
16.DUMPSTER AGREEMENT,CONSTRUCTION TRAILER AGREEMENT $25
17.OUTDOORSEATING,por ooat /por yoor $25-
Annual fee for seating on public sidewalks (Waived for first year of operation)$250
18.TREE REMOVAL PERMIT $40
(Newwordingunderlined:wordsbeingremovedindicatedby otrilcothrough)
South Miami
AH-AmericaCity
Mill'
2001
Excellence,Integrity,Inclusion
To:Honorable Mayor,Vice Mayor &Date:November 4,2003
City Commission *j^
///^r—y r ITEM No</^From:Maria Davis Mj£T jjJixJtV RE:Fee Amendment
City Manager _>-^^Outdoor Seating
ORDINANCE "
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE PERMIT FEE
SCHEDULE;AMENDING ORDINANCE 14-90-1454 AS AMENDED BY
ORDINANCES 6-92-1501,17-92-1512A,10-95-1583,18-99-1692,28-00-1730,
32-01-1763,AND 14-02-1782 IN ORDER TO ADJUST THE FEE FOR
RESTAURANT OUTDOOR SEATING,PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE
DATE
BACKGROUND
The City's Permit Fee Schedule isadoptedoramendedin ordinance form,however,itisnot
codified (part of theCity Code).Itisgenerallyupdated every twoyears.TheCity Commission
on November 6,2001 adopted Ordinance No.32-01-1763,containing an overall updating of the
City's Permit Fee Schedule.
Atthattimethe Commission specifically adopted a motion that the outdoor restaurant seating
annual feewasto remain at $250 (waivedfor first year of operation).However,the adopted
ordinance did not reflect the Commission's motion and included the Administration's
recommendation of amending the annual feefor restaurant outdoor seating to$25 per seat /per
year.
TheCity Commission atits October 7,2003meeting determined thatthe City's Permit Fee
Schedule should be corrected and directed thattheCity Administration adjust the restaurant
outdoor seating feeto reflect what was approved in 2001.The revised feeisthe same fee
contained in the outdoor seating regulations of the Land Development Code,Sec.20-3.3(E)(3)
and Sec.20-7.29(C).
TheCity Administration will review thefeeschargedfor outdoor seating in other municipalities
andwill recommend appropriate changesaspart of next year's budget.
(2)
RECOMMENDATION
The City Commission at its October .21,2003 approved the amendment ordinance on first
reading.Itis recommended that the attached ordinance changing the City's Permit Fee Schedule
(H)beadopted.
Attachment:
DraftOrdinance
MVD/SAY
E:\Comm Items\2003\l l-4-03\CM Report Revised Fee Outdoor Seating .doc
CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE
AMENDMENTS TO LDC NOT INCLUDED IN CURRENT DOCUMENT
(ORDINANCES ATTACHED)
(October 2002-October 2003)
ORD.NO.SUBJECT MATTER SECTION(S)
AMENDED
DATE
ADOPTED
8-03-1792 Environmental Review and
Preservation Board:increase number of
members tonine,requireonetobe
landscape architect.
20-6.1(cXl)May 20,2003
9-03-1793 Permitted Use Schedule:allow social
service agency asspecialuseincertain
zoning use districts
20-3.3 (D)May 20,2003
10-03-1794 Code Enforcement Board:replace
references to Code enforcement Board
which was eliminated.
20-4.4 (M)(9)
20-6.1(E)
May 20,2003
11-03-1795 Off Street Parking Requirements:
Clarifyform of legaldocumentneeded
tocertify off siteparking
20-4.4 (F)(2)June 3,2003
15-03-1799 Off StreetParkingRegulations:
continuessuspension of certain
parkingreductionprovisionsin
Hometown District and near Metro
Rail.
20-4.4 (G)(H)
20-7.6 (B)
June 3,2003
17-03-1801A
Dimensional Requirements -Single
Family Homes in RS-1 thruRS-5:sets
new side setback and maximum square
footage for second story.
20-3.5 (E)Sept.2,2003
(Attached ordinances will be included in Supplement No.8
to be issued in December 2003)
MIAMI DAILY BUSINESS REVIEW
PublishedDaily except Saturday,Sunday and
LegalHolidays
Miami,Miami-Dade County,Rorida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforethe undersigned authoritypersonally appeared
O.V.FERBEYRE,whoon oath says thatheor she isthe
SUPERVISOR,LegalNoticesofthe Miami Daily Business
Review f/k/a MiamiReview,adaily (except Saturday,Sunday
and Legal Holidays)nflwspapor;publishedat Miami in Miami-Dade
County,Rorida;thattheattachedcopyofadvertisement,
beingaLegalAdvertisementofNoticeinthematterof
CITY OF SOUTH MIAMI-PUBLIC HEARING -11/4/03
ORDINANCE PERMIT FEE SCHEDULE,ETC.
in the XXXX Court,
waspublishedinsaid newspaper inthe issues of
10/24/2003
Affiant further says thatthesaidMiamiDaily Business
Reviewisa newspaper publishedat Miami insaid Miami-Dade
County,Rorida andthatthesaid newspaper has
heretoforebeencontinuouslypublishedinsaidMiami-DadeCounty,
Rorida.eachday(exceptSaturday,SundayandLegal Holidays)
and has been entered as second class mail matter at the post
officeinMiamiin said Miami-DadeCounty,Rorida,fora
period ofoneyearnext preceding the first publication ofthe
attachedcopyofadvertisement;andaffiantfurther says thatheor
shehasneitherpaidnorpromisedanyperson,firm or corporation
any discount,rebate,cQiiwrtesion or refund for the purpose
of securinginis agWfisernen)for publication in the said
newspaper*"
„mmar
JILEKENA
%„!STATE OF FLORIDA
MY COMMISSION EXP,pimp •
ORTDA I
S58 I23,2004 [
!CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given thattheCity Commission ofthe City of
South Miami,Rorida will conduct a Public Hearing during a.Regular City
Commission meeting Tuesday,November 4,2003 beginning at 7:30
p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider
2nd Reading ofthe following described ordlnance(s):.
ANORDINANCEOFTHEMAYORANDCITY COMMISSION
OFTHECITYOFSOUTH MIAMI,FLORIDARELATINGTO
THEPERMITFEE SCHEDULE;AMENDING ORDINANCE,
14-90-1454 AS AMENDED BY ORDINANCES 6-92-1501,
17-S2-1512A,ld-95i1583,18-99-1692,28-00-1730,32-01-
1763,AND 14-02-1782 IN ORDER TO ADJUST THE FEE FOR
RESTAURANT OUTDOORSEATING,PROVIDINGFOR SEV
ERABILITY,ORDINANCES IN CONFLICT;.AND AN
EFFECTIVE DATE.
AN ORDINANCE OFTHE MAYORANDCITY COMMISSION
OFTHECITYOFSOUTH MIAMI,FLORIDARELATING TO
SOLID WASTE?AMENDING SECTION11-21(C);AND11-23
(A)OFTHE CODE OFORDINANCES ENTITLED "EXTENT
OF SERVICE ANDPOINTSOFCOLLECTION0AND
"REFUSECOLLECTIONFEESCHEDULE"RESPECTIVELY,
AMENDING)SPECIAL*PICK-UP SERVICES FOR BULK*'
TRASH;PROVIDING FOR SEVERABILITY,ORDINANCES IN
CONFLICT,ANDANEFFECTIVE DATE.
Said ordinances canbe inspected inthe City Clerk's Office,Monday-
Friday during regularoffice hours...':J
Inquiries concerning this-item shouldf be directed tothe Planning
Department at:305-663-6325:r',.„.^'..-.;_
ALL'interested parties are invited to attend and will be heard:'"':
.•-•'.''..V .Maria M^Menendez
•'.'•,.'"'*'•.*'"'""''^"Y^':*.V '.....Acting CHy Clerk
••'•"'•.^;'"•'•'*•-Cityof South Miami
Pursuant to,Florida Statutes 286.01OS^the CltyjhereJ^-advises the
•public ftaVlfepe^by this Board,
Agency w'COTiniissibn with*"respectfo.'any matter considered at its
meeting orhearirig,he br%e^
thatfor such purpose,affected person mayne&itoensure that a verbatim
record ofthe proceedings is made which record includes the tesjmony.
andevidenceupon which the appeal isto be based.,.i...jiir-*r.;W"-';
IftgiJ*--,:•„-_...:.,—._......'.'.',-*i ^03-3^6/405,166M