R5L - Waive Variance Fees for Building Recertification
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VARIANCE FEE WAIVERS FOR BUILDING RECERTIFICATION AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED, "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION AND REVIEW PROCEDURES,” ARTICLE ENTITLED “GENERAL DEVELOPMENT APPLICATION AND HEARING PROCEDURES,” BY AMENDING SECTION 2.2.3, ENTITLED “DEVELOPMENT APPLICATION SUBMISSION AND REVIEW,” BY MODIFYING THE APPLICABLE PROVISIONS FOR LAND USE BOARD APPLICATION FEES AND ESTABLISHING A PROCESS AND CRITERIA FOR THE CITY COMMISSION TO CONSIDER A WAIVER OF REQUIRED FEES FOR VARIANCE APPLICATIONS RELATED TO COMPLIANCE WITH APPLICABLE BUILDING RECERTIFICATION REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 3 weeks agoOrdinances - R5 L
COMMISSION MEMORANDUM
10:25 a.m. Second Reading Public Hearing
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt the ordinance.
BACKGROUND/HISTORY
On November 20, 2024, at the request of Commissioner Alex Fernandez, the City Commission referred a discussion pertaining to fee waivers for variance applications related to building recertification requirements (C4 R) to the Land Use and Sustainability Committee (LUSC). On January 16, 2025, the LUSC recommended that the City Commission refer an amendment to the Land Development Regulations of the City Code (LDRs) to the Planning Board, in accordance with the recommendations in the LUSC memorandum and the following:
1. A provision to establish financial or other hardship shall be included in the draft ordinance.
2. A provision shall be included in the ordinance to prioritize variance requests at applicable land use boards that are related to building recertification requirements.
On February 26, 2025, at the request of Commissioner Alex Fernandez, the City Commission referred the subject ordinance to the Planning Board (C4 D).
ANALYSIS
Pursuant to the recommendation of the LUSC, the attached draft ordinance proposes that the City Commission have the ability to waive land use board application fees for variance requests by Resolution. This waiver would apply when a variance is requested to make repairs or improvements that address deficiencies identified in a milestone inspection report (building recertification) for a residential building. The ordinance also includes recommendations from the
LUSC regarding financial hardship and the prioritization of variance applications related to building recertification.
PLANNING BOARD REVIEW On April 8, 2025, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE The subject ordinance was approved at First Reading on May 21, 2025, with no changes.
FISCAL IMPACT STATEMENT
The number of variance requests that would be eligible for the proposed fee waiver are expected to be nominal. Additionally, all fee waivers would be subject to City Commission approval. As such, no fiscal impact is expected.
Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 6/20/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a “Residents Right to Know” item, pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond Project?
Yes
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
10:25 a.m. 2nd Rdg, Variance Fee Waivers for Building Recertification. (Fernandez) PL 5/7
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 5/21/2025 - R5 N