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File ID: #11141
- Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"SUBDIVISION REGULATIONS," BY AMENDING SECTION 55-10, TITLED
"BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO INCLUDE
AN EXCEPTION TO ALLOW A PERMIT TO BE ISSUED FOR UNDIVIDED LAND IN
CERTAIN CIRCUMSTANCES WITH A SUNSET PROVISION; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 11141 (Revision: A) Printed On: 212412022
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File Number: 11141
City of Miami
Legislation
Ordinance
Enactment Number: 14045
Final Action Date: 2/10/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"SUBDIVISION REGULATIONS," BY AMENDING SECTION 55-10, TITLED
"BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO INCLUDE
AN EXCEPTION TO ALLOW A PERMIT TO BE ISSUED FOR UNDIVIDED LAND IN
CERTAIN CIRCUMSTANCES WITH A SUNSET PROVISION; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 55 of the Code of the City of Miami, Florida, as amended ("City
Code"), provides the Subdivision Regulations for the City of Miami ("City"); and
WHEREAS, Section 55-10 of the City Code provides that no building, paving,
remodeling, or renovation permits shall be issued for any structure or other on -site
improvements on any land for which a plat has not been recorded in the public records of
Miami -Dade County or on a lot of record that has been divided into separate parcels except
under certain specified circumstances; and
WHEREAS, the prohibition on the issuance of a permit for minor improvements
associated with open-air structures and resurfacing on undivided land causes hardships and
creates an impediment on improving certain properties throughout the City; and
WHEREAS, the City Commission finds that it is in the best interest of the City to amend
Section 55-10 of the City Code to include an exception to allow a permit to be issued for
undivided or unplatted land in certain circumstances in order to alleviate such hardships and
impediments on improving certain properties;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 55 of the City Code is hereby amended in the following
particulars:'
"CHAPTER 55
SUBDIVISION REGULATIONS
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 11141 (Revision: A) Printed On: 212412022
Sec. 55-10. Building Permits; issuance; restrictions; exceptions.
(h) A permit may be issued for the repair, remodeling, or renovation of an open-air structure,
open-air parking lot, or open-air paving or construction of an open-air structure provided that
the open-air structure does not exceed ten percent (10%) of the parcel on a parcel of
unplatted land, excepting an open-air parking lot where the repair, remodeling, or renovation
shall not exceed fifty percent (50%) of the parcel on a parcel of unplatted land. Said repair,
remodeling, or renovation permit will be for ordinary repairs, remodeling, renovation, or
replacement of nonbearing walls (or of bearing walls where necessary for structural safety),
fixtures, wiring, or plumbing to an extent not exceeding those applicable provisions of the
Miami 21 Code, as amended, the City Code, as amended, or the Florida Building Code, as
amended, whichever is more restrictive. This subsection shall apply only if the unplatted
parcel is ten (10) contiguous acres or more in size and shall sunset upon one (1) year of its
effective date_
(#i) Where a "covenant in -lieu of unity of title" is accepted for a project pursuant to Article 7 of
the Miami 21 Zoning Code, as amended, and the combined property included in the "covenant
in lieu of unity of title" is legally platted or meets an exception to platting provided in City
Code section 55-10, replatting of existing and future internal divisions of the property will not
be required for said project provided that the combined property is in compliance with the
covenant in lieu of unity of title.
(ii) A building permit may be issued for construction of improvements on private property or
on governmental agency -owned land within the boundaries of an approved tentative plat prior
to final plat approval and recordation thereof, with the exception of any land on any private
property of an approved tentative plat that is wholly or partially within a Neighborhood
Conservation District ("NCD") as defined and provided for in Appendix A of the Miami 21
Code, the zoning ordinance of the city, as amended, or any successor zoning ordinance
including a NCD, unless the property owner has obtained a tentative plat approval that does
not diminish lot size or increase the number of lots, subject to: (1) completion and approval, by
city commission resolution, of the rights -of -way and platted easements vacation and closure
procedure as set forth in section 55-15, if applicable; (2) submittal of an opinion of title from an
attorney member of the fund in a form acceptable to the city attorney; (3) execution of the
subdivision improvements agreements and any development agreements warranted by the
city; and (4) the recording of an agreement executed by the private property owner or the
governmental agency, the developer and the city, at the private property owner's or the
governmental agency's expense. The provisions of the agreement shall include, as applicable,
but not be limited to the following:
GL) A building permit may be issued for the construction, repair, remodeling, or renovation of
any building on one or more former lots of record within the revoked Becker's Subdivision
recorded in Book 16, Page 43 of the Public Records of Miami -Dade County provided that
where one or more former lots of record have been divided into separate parcels, such divided
lot(s) must meet another applicable exception to platting in this section. Such building permit
may also be issued for properties within this revoked subdivision that have a metes and
bounds or unplatted legal descriptions provided that the properties' boundaries coincide with
the lot lines of former lot(s) of record of the revoked subdivision or if such boundaries would
be coterminous with a division of a former lot of record, provided that the former divided lot(s)
must meet another applicable exception to platting in this section.
Any building permit issued pursuant to this subsection for a property located on Northwest
37th Street shall ensure that one "T" type turning area for the Northwest 37th Street dead-end
that permits public ingress/egress in a configuration acceptable to the director of the
department of resilience and public works is provided.
No certificate of occupancy or temporary certificate of occupancy shall be issued on any
building permits issued pursuant to this subsection until the completion and acceptance by the
department of resilience and public works of the permitted right-of-way improvements
adjacent to the property as well as the completion of any other improvements necessary to
ensure sidewalk connectivity from the property to the next street intersection within the
boundaries of the former Becker's Subdivision."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
i ria i "ndez, City ttvr ey 11130/2021 i ria i 'ndez, ity Httor ey 1/4/2022
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 11141 (Revision: A) Printed On: 212412022