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Miami Lakes City Zoning Code

ARTICLE XI

FEES

Sec. 13-2101.- Cost recovery system.

(a)

Intent and purpose. The intent and purpose of this section is to ensure that the various costs incurred by the Town, including its outside consultants, in reviewing and processing certain applications for development approvals is directly absorbed by those persons deriving the benefit of the review, not the general public.

(b)

Cost recovery imposed. An administrative fee for the various costs incurred by Town staff and outside consultants for the processing and review of applications, submissions, or requests concerning development, utilization, or improvement of property in the Town, such fee to be equal in amount to the Town's costs, in terms of staff and outside consultants' time expended in such review and processing, including advertising and similar directly related charges is imposed. The types of applications for development approval that are subject to the provisions of this section shall include those as determined by the procedure specified in Section 13-2102. The Town Council may, by resolution, amend the fees, cost recovery deposits and list of development approvals that are subject to cost recovery.

(c)

Cost recovery deposit. Any person who files any application for a development approval which necessitates Town staff or outside consultant review and processing shall pay, prior to or at the time the application is made, an initial cost recovery deposit which shall be credited toward the fee charged for such review and processing, and shall pay additional deposits as may be required from time to time. A debit based upon the actual time expended reviewing an application and the applicable hourly rate shall be charged against the cost recovery deposit.

(d)

Supplemental deposit. The Town shall monitor the cost recovery deposit on a periodic basis. Whenever the balance is zero or negative, a supplemental deposit shall be required. The Town shall notify the applicant when a supplemental deposit is required. The amount of the supplemental deposit shall be equal to the amount of the original cost recovery deposit. The Town shall not issue any development approval until the required supplemental deposit has been deposited with the Town and any approval granted shall be void if all fees and costs are not paid in full within 60 days of the approval.

(e)

Return of cost recovery deposit. Within 60 days from the date that the applicant receives a certificate of occupancy or other applicable final approval from the Town, and the Administrative Official determines that no further action is necessary for the review and processing of the application or the applicant voluntarily withdraws the application, the Town shall refund any remaining cost recovery funds to the applicant. In no event, however, shall the Town refund any remaining cost recovery funds if the applicant fails to obtain a development approval within one calendar year of applying for the approval.

(f)

Records of work performed. The Town shall maintain records of the time expended and tasks conducted regarding each application.

(g)

Review and appeal process. In the event an applicant is financially unable to pay the cost recovery deposit, or believes the Town overcharged the applicant for the work performed in reviewing and processing an application, the applicant may:

(1)

Request that the Administrative Official waive the cost recovery deposit on the basis of a bona fide financial hardship; or

(2)

Request a review by the Administrative Official of the work performed by the Town.

Upon a determination by the Administrative Official that the applicant has demonstrated a bona fide financial hardship, or a miscalculation concerning the work performed by the Town on the application, the Administrative Official may waive or refund a portion or all of the cost recovery deposit.

(h)

Applicability of provisions. This cost recovery program shall not apply to development projects that are originally initiated by or on behalf of the Town.

(LDC 2008, Div. 12.1; Ord. No. 08-106, § 2(Div. 12.1), 10-21-2008; Ord. No. 14-177, § 2, 10-28-2014)

Sec. 13-2102. - Fees for planning and zoning approvals.

Fees and/or cost recovery deposits for planning and zoning approvals are hereby adopted as set forth in the fee schedule for planning and zoning approvals maintained by the Town Clerk. The fee schedule for planning and zoning approvals may be amended from time to time by resolution of the Town Council.

Fee Schedule for Planning and Zoning Approvalsi

Development Approval Requested Application Fee Deposit
1. After-the-fact development approval $500.00 plus the application fees or cost recovery participation for the applicable development approval
2. Variances
2.1   Additional fee for each variance in an
application after the first 		$150.00 for each additional variance after the first
2.2   Administrative, and public hearing fence, driveway, deck, or walkway $450.00 (for notification and recording)
2.3   Public hearing
2.3.1    One single-family, two-family, or townhouse unit $1,250.00
2.3.2 Reserved
2.3.3    Multifamily, including single-family developments with multiple units. $1,100.00 plus notification and recording costs $650.00 *
2.3.4    Commercial and industrial $1,700.00 plus notification and recording costs
Cost recovery		$650.00 *
2.3.5    Signs $1,100.00 plus notification and recording costs
Cost recovery		$650.00 *
2.3.6    Town Council rehearing of P&Z Board Decision Cost recovery
2.3.7    All others Cost recovery$2,000.00
3. Site Plan Review
3.1 Administrative
3.1.1    Individual single-family on waterfront lot $100.00 plus notification costs $50.00 *
3.1.2    Individual townhouse $100.00 plus notification costs $50.00 *
3.1.3    Individual single-family or two-family residential $100.00 plus notification costs $50.00 *
3.1.4    All others Cost recovery $1,000.00
3.2 Public Hearing
3.2.1    Single-family, two-family and townhouse developments Cost recovery $3,500.00
3.2.2    All others Cost recovery $3,500.00
4. Conditional Uses
4.1 Liquor spacing $1,100.00 $650.00 *
4.2 All others (public hearing) Cost recovery $5,000.00
4.3 Minor conditional uses Cost recovery $1,000.00 *
4.4 Annual renewal of minor conditional uses $150.00
5. Administrative Parking Waiver $250.00 plus notification and recording costs $750.00 *
6. Development Approval Extension
6.1 By Administrative Official $250.00 plus notification and recording costs $250.00 *
6.2 By Town Council $750.00 plus notification and recording costs $650.00 *
7. Modification of an Existing Resolution
7.1 Individual single-family, two-family or townhouse unit $750.00 plus notification and recording costs $650.00 *
7.2 All others Cost recovery $1,500.00
8. Amend Comprehensive Plan, Land Use Map, Text of Land Development Regulations, or Zoning Map Cost recovery $5,000.00
9. Plats
9.1 Preliminary Cost recovery $5,000.00
9.2 Final Cost recovery $5,000.00
9.3 Waiver of plat/lot split Cost recovery $5,000.00
9.4 Right-of-way vacation Cost recovery $5,000.00
10. Appeal of Administrative Decision
10.1 Appeal of administrative variance for individual single-family, two-family, or townhouse $1,500.00 plus notification and recording costs $650.00 *
10.2 Appeal of all other administrative variances $2,500.00 plus notification and recording costs $650.00 *
10.3 Appeal of administrative site plan for individual single-family, two-family, or townhouse (including waterfront lots) $1,500.00 plus notification and recording costs $650.00 *
10.4 Appeal of all other administrative site plans $2,500.00 plus notification and recording costs $650.00 *
10.5 Appeal of all other administrative decisions $2,500.00 plus notification and recording costs $650.00 *
11. All Other Public Hearings $1,100.00 plus notification and recording costs $650.00 *
12.Zoning Review and Inspection of Building Permits
12.1Plan review — single-family and two-family (each submittal) ii $35.00 iii
12.2Plan review - all others (each submittal) ii $70.00 iii
12.3Zoning inspection — single-family, two-family and townhouse (each inspection)$35.00
12.4Zoning inspection — all others (each inspection)$70.00
13. Certificate of Use
13.1 Application Fee — Home Office $28.50
13.2 Inspection — Home Office $36.48
13.3 Annual Renewal — Home Office $28.50
13.4 Application Fee — All others $0.034 per square foot of business area, minimum charge $108.30
13.5 Inspection — All Others $36.48
13.6 Annual Renewal — All Others (where necessary, based on specific use) $62.70
14. Zoning Letters
14.1 Individual residential lot $100.00
14.2 All others $150.00
14.3 Expedited $400.00
15. Special Event Permit
15.1 If application is received at least seven (7) days prior to event $100.00
15.2 If application is received less than seven (7) days prior to event $500.00
16. Newsracks (for each location) $25.00
17. Review of Alcoholic Beverage License
17.1 Special event $50.00
17.2 All others $125.00
18. Development Agreements Cost recovery $5,000.00
19. Mobility Fee Ordinance
19.1 Alternative Trip Generation Study (subsection 13-2005(b)(3)) Cost recovery$1,500.00
19.2 Application for mobility fee credits (Section 13-2007) $250.00
* Cost deposit, in addition to the application fee, for notification and recording costs for all applications which require notification and recording and are not cost recovery
Note: Many administrative approvals and all public hearings require notification posted on the property, advertised in the newspaper or by any other method provided by Florida Law, as may be amended from time to time and mailed to property owners within a required radius around the subject property and the final development order reflecting the Town Council's action will be recorded by the Town Clerk in the Office of the Miami-Dade County Clerk of Court. In addition to the above fees the applicant shall be responsible for the cost of these notifications and recording.

 

i  New or revised fees are underlined.

ii  The zoning plan review fee is not to be assessed when included in the Building Permit Fee as indicated in the Building Department Permit Fee Schedule.

iii  This fee has been consolidated from the Zoning Fees previously found in the "Building Permit Fees" section of the Building Permit Fee Schedule (which are no longer applicable in that schedule), which were specifically the following:

Description Zoning Fee ($)
Alterations-Residential
Shade Houses per 100 sq. ft. or fractional part of floor area 0.14 per 100 sq. ft.
Tents 0—5000 SF $16.16
Over 5000 SF $47.00
Slabs
Driveway/Slabs only (Residential) $19.12
Approach only (Residential) $19.12
Sidewalk only (Residential) $19.12
Approach and Sidewalk (Residential) $19.12
Roofing/Re-Roofing/Roof Repair
Minimum fee $19.12
Roofing Flat/Shingle per SF $19.12
Roofing Tile per SF $19.12
Fences and/or Walls
Wood, Chain link, or Ornamental Iron
Minimum $18.06
0—500 linear ft. $18.06
Each additional 500 linear ft. $23.62
Concrete each linear ft. $0.36
Temporary Platforms and Temporary Bleachers To Be Used For Public Assembly $18.05
Screen Enclosures, Canopies, Awnings & Aluminum Roof
(a) Screen enclosures $19.00
(b) Free standing canopies $19.00
(c) Awnings, Canopies and Aluminum roof $19.00
(d) Recover Awnings and Canopies $19.00
Temp. Trailer (For Construction)
Tie Down Inspection Fee (For 180 Days) (This does not include installation of meter mounts and service equipment. Includes mechanical, plumbing and related electrical permits are required). 		$22.22
Sign Permit Fees
(a) Fee per sign $25.40
Chickees Huts
Constructed by Miccosukee Tribe of Indians or Seminole Tribe of Florida 		$119.00

 

(LDC 2008, Div. 12.2; Ord. No. 08-106, § 2(Div. 12.2), 10-21-2008; Ord. No. 12-143, § 4, 1 10-2012; Ord. No. 14-168, § 2, 4-8-2014; Ord. No. 14-177, § 2, 10-28-2014; Ord. No. 16-192, § 2, 4-25-2016; Ord. No. 19-248, § 2(Exh. A), 9-10-2019; Ord. No. 24-320, § 2(Exh. A), 3-12-2024)

Editor's note— Ord. No. 14-177, § 2, adopted October 28, 2014, amended the title of § 13-2102 to read as set out herein. Previously § 13-2102 was titled application fees for planning and zoning approvals.