City says 'go directly to court,' not us
Fed up with listening to appeals of board of adjustment decisions that seem to end up in circuit court regardless of the city commission's direction on the appeal, Holmes Beach city commissioners Feb. 24 approved the first reading of an ordinance that will send those appeals directly to the court.
The appeals process for BOA decisions will be the same as those of the code enforcement board, if the ordinance passes a second reading, Board Chairperson Sandy Haas-Martens said.
The commission also passed on first reading an ordinance allowing restaurants to add up to eight outdoor seats without filing an amended site plan. Commissioner Pat Morton voted against the measure.
In a move designed to stem the rising costs of city business, commissioners also approved on first reading an ordinance establishing a new fee schedule for applicants who request a comprehensive plan or land development code amendment, code amendments affecting private property and various other land-use and development applications. The city normally pays for advertising and public notice, paperwork, investigations and other associated costs, but under the proposed ordinance, that burden is passed to the applicant.
The ordinance is not designed to be a money-maker, said Mayor Carol Whitmore in response to a question from Commissioner Roger Lutz, but the city staff has worked out the amount it usually costs the city in such cases.
Commissioners also passed the first reading of an ordinance amendment which would require that applicants with a development or land-use proposal will be responsible for ensuring due public notice is given and pay the costs associated with that notice.
Have checkbook, will pay
Developers, builders or residents in Holmes Beach looking for a comp-plan amendment or submitting a development application should have their check books ready.
Under the proposed ordinance, the following new fees would be in effect, if the ordinance passes a second reading:
- Comp plan amendment (small scale) $6,000.
- Comp plan amendment (all others) $12,000.
- Land development code amendment $3,000.
- Rezoning petition $3,000.
- Application for vacation of roads, alleys, etc. $2,500.
- Application for variance $500.
- Site plan review $1,000.
- Temporary use permit application $50.
- Building permit
- Project value less than $100,000, permit fee of 1.9 percent of project value
- Project value between $100,000 and $1 million, permit fee of 1.9 percent of project value with 1 percent of fee due upon filing of application.
- Project value more than $1 million, permit fee of 1.9 percent with $10,000 due upon filing of application
- Appeal of building official decision $1,000.
- Special exception permit (expansion or change of non-conforming uses or structures) $1,000.
- Special exception permit (cell towers and special exception use antennas), $5,000 deposit plus any additional amounts.
- Preliminary subdivision plat, $500, plus $20 per lot shown on plat.
- Final subdivision plat, $200, plus $20 per lot shown on plat.
- Other petitions/applications requiring public hearing before city commission or board of adjustment, $500.