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ORDINANCE NO, 9966
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS" BY ENACTING
A NEW SECTION 54-47 ENTITLED "RIGHT-OF-WAY
DEDICATION REQUIRED PRIOR TO ISSUANCE OF
PERMITS"; ADDING A NEW SECTION 54-48 ENTITLED
"COVENANT REQUIRED PRIOR TO ISSUANCE OF
PERMITS"; AND CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
WHEREAS, the City Commission deems it advisable to prepare
and enforce comprehensive plans and policies for orderly
development within the City of Miami which shall include the
development of public rights -of -way; and
WHEREAS, residential and commercial development or
redevelopment without adequate provisions for pedestrian and
vehicular traffic flow is contrary to sound comprehensive
planning; and
WHEREAS, Ordinance No. 9583 establishes base building line
locations for all public streets within the City of Miami to
facilitate traffic, transportation and circulation, and to
promote safety, health, amenity and general welfare within the
City; and
WHEREAS, the City Commission finds that street improvements
and right of way dedication necessary to accomplish said
improvements constitutes a rational nexus for the orderly and
systematic development of the City of Miami, Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Chapter 54 of the Code of the City of Miami,
Florida,as amended, is hereby amended by adding a new Section
54-47 to said Chapter to read as follows:
"Section 54-47, Right-of-way Dedication required prior
to issuance of permits.
No permit for construction, reconstruction, renovation
or remodeling in the amount of $10,000 or more for any
building, structure or parking faciiityt shall be
issued on any lot, tract or parcel of land until Ell
portions of the applicant's lot, tract or parcel lying
within the City's officially established right of way
have been dedicated to the public for street purposes
by warranty deed."
Section 2. Chapter 54 of the Code of the City of Miami,
Florida,as amended, is hereby amended by enacting a new Section
54-48 to said Chapter to read as follows:
"Section 54-48. Covenant required prior to issuance of
permits.
In the event that a portion of an existing building or
structure is allowed to remain within the City's
officially established right of way, the owner of the
structure shall proffer a covenant to run with the land
to the City before a building permit is issued, whereby
_ the owner agrees to dedicate that portion of his
property under the encroachment and within the
officially established right of way to the City and to
remove any encroachments whenever the existing building
or structure is demolished or damaged beyond repair."
Section 3. All ordinances, code sections or parts
thereof in conflict herewith are hereby repealed insofar as they
are in conflict.
Section 4. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision, and except as otherwise expressly
provided herein, such holding shall not affect the validity of
the remaining portions of this ordinance.
PASSED ON FIRST READING BY TITLE ONLY this 14th day of
February . 19S5•
2
PASSED AND ADOPTED ON 813CON13 AND VINAL R8AI)tNO By TITLE ONLY
this .21st day Of j 1985,
...-Maurice A, Ferre..
MAUALUb A, FERRE
M A Y 0 R
—ATTEST!
RALP G. ONnTE
ITY CLERK
PREPARED AND APPROVED BY:
Ate'
M i �RI A �MM A E
Assistant City Attorney
APPROVED
),S'TO FORM AND CORRECTNSS:
1, Aoloph fr;- Q+t, Clerk of the Citv of Miami, Florida,
LTJCIA --A. DOUG ERN 11cr,:bv ccrth'y that on the, -1..7--day of....
City Attorney
A. 1). 19n, a full. true aw.f coriect co of the ab
It (!I,:
0!' OV. 111d� C011111\' CoUll At lil,: 111,;CC r?.0�11:1."!
ior notie.,,, and pubiica;ions by oui:c!dn', r,aij col-y i.)
0
GMM/wpc/ab/409 w,: piaLc provided therefor.
WITNESS my liand and the official seal of aiii
city this—o-W .... day 01 ...... A. D.
City Clerk
I
CitY OP MIAW PL614MA ` - 3
1
INTER M Nit�f ANCSUM
t
TO. Randolph 8. Rosencrantz DATE: iJanuary 24 y 1985 PILE:
City Manager
SUBJECT: Revision to City Code
Chapter 54
'i
r (For Commission Meeting
FROM: ``.; ,\
Donaf'ld` W�. "'Gather
Director of public Works
REFERENCES: of February 14 ) 1985 )
ENCLOSURES:O rd inane e
The Department of Public Works recommends
adoption of an ordinance amending Chapter
54 of the Miami Code entitled "Streets
and Sidewalks" by the addition of two new
sections, 54-47 and 54-48, requiring right
of way dedication or requiring a covenant
to run with the land prior to the issuance
of building permits for construction in
the amount of $10,000 or more.
One of the primary functions of municipal government is to prepare
and enforce comprehensive plans and policies for orderly
development, which includes the development of public streets.
Section 54-45 of the Miami City Code requires that certain street
improvements be constructed by property owners when their property
is developed or redeveloped in the amount of $10,000 or more. The
scope and location of these street improvements are dependent, in
part, on the officially established street width. Ordinance No.
9583 establishes official street widths by establishing base
building line locations for all public streets within the City.
The establishment of base building lines insures that adequate
provisions are made for pedestrian and vehicular traffic,
transportation and circulation, and to promote safety, health,
amenity and general welfare within the City.
Since street improvements are required by the Miami .City Code,
right of way dedication necessary to accomplish these improvements
constitutes a rational nexus for the orderly and systematic
development of the City. The proposed ordinance will require that
the dedication be accomplished by warranty deed prior to the
issuance of any permits for construction, reconstruction,
renovation or remodeling in the amount of $10,000 or more. In the
event that an existing building is allowed to remain in the right
of way, a covenant must be proffered by the property owner to
insure that the dedication is accomplished when the building is
demolished or structually altered.
Page 1 of 2
99766
M
Randolph 8. Ro8eticrant2
January 24, 1985
Metropolitan Dade County adopted a similar ordinance requiring
right of way dedication and standard street improvements on July 1,
1980.
DC$: rj
cc: Alberto Ruder
Page 2 of 2
2
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sonia Halligan, who on oath says that she is the Assistant to
the Supervisor of Legal Advertising of the Miami Review and
Daily Record, a daily (except Saturday, Sunday and Legal
Holidays) newspaper, published at Miami In Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 9966
In the ........ X.X..X.......................... Court,
was published in said newspaper In the Issues of
April 4, 1985
Afflant further says that the said Miami Review and Daily
Record is a newspaper published at Miami In said Dade County,
Florida, and that the said newspaper has heretofore been
continuously published In sold Dade County, Florida, each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail matter at the post office in
Miami In said Dade County, Florida, for a period of one year
next preceding the first publication of the attached copy of
advertisement; and afflant further says that she has neither
paid nor promised any person,, -firm or corporation any discount,
rebate, commission or,rgfti for the* purpose of securing this
advertisement for publication. im the' said newspaper.
'Sworn to and subscribed before me this
" Apri1 A.0.1g.. 85
4th day of '�.u, t, , i
•i ,fit! .. -
��IM�J rooks
I Florida at Large
(SEAL)
My Commission expires June 1, 1987.
0
We
Vllt�W11 VI&I�fA
LROAL NOTIN
All tht6re§I13d Wilt take notice that 6h Ihd 219t dfly 61 Mardh,119@6
the City Cbwhm1§916n of Miami, Florida aft(Od WO tblftllid 1I1116d
ordinahc6t:
ORDINANCE NO.906
AN ORDINANCE AMENDING CHAPTER 54 OF THE CbDL
OF THE CITY OF MIAMI, FLORIDA, AS AMtNbr:b, ENTITLED
"STREETS AND SIDEWALKS" BY ENACTING A NEW SECTION
64.41 ENTITLED "RIGHT-OF-WAY bt0lbATION REdUIP1Eb
PRIOR TO 19SUANOP OF PERMITS"; ADDING A NEW SECtIbN
54.48 ENTITLED "COVENANT R€cOUIRED PRIOR TO ISSUANCE
OF PERMITS`; AND CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO, 9961
AN ORDINANCE AMENDING ORDINANCE NO.9939, ADOPTED
DECEMBER 20, 1984, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE BY ESTABLISHING A NEW
CAPITAL IMPROVEMENT PROJECT, "BAYFRONT PARK
REDEVELOPMENT UDAG" AND APPROPRIATING FEDERAL
FUNDS FOR SAME IN THE AMOUNT OF $6.00,000;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE,
ORDINANCE NO.9966
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, `
FLORIDA, BY AMENDING ARTICLE 15 ENTITLED "SPI:
SPECIAL PUBLIC INTEREST DISTRICTS," BY ADDING NEW
SECTIONS 16150 ENTITLED "SOUTHEAST OVERTOWNIPARK
WEST OVERLAY DISTRICT" AND 15160 ENTITLED "SPI 16,
iSA, AND 16.2: SOUTHEAST OVERTOWN/PARK WEST
COMMERCIAL RESIDENTIAL DISTRICTS"; PROVIDING FOR
INTENT, EFFECT, CLASS C SPECIAL PERMIT REQUIREMENTS,.
PERMISSIBLE PRINCIPAL USES AND STRUCTURES,
PERMISSIBLE ACCESSORY USES AND STRUCTURES,
MINIMUM LOT REQUIREMENTS, FLOOR AREA LIMITATIONS,
MINIMUM OPEN 'SPACE REQUIREMENTS, HEIGHT
LIMITATIONS, OFF-STREET PARKING AND LOADING, AND
LIMITATIONS ON SIGNS; PROVIDING FOR REVIEW; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO, 9969
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY APPLYING THE SPI.15: SOUTHEAST OVERTOWNIPARK
WEST OVERLAY DISTRICT TO THE AREA `GENERALLY
BOUNDED BY NORTHWEST 10TH STREET, NORTH MIAMI
AVENUE, NORTHWEST 7TH STREET, NORTHWEST 1ST
AVENUE, NORTHWEST 6TH STREET, NORTHWEST 3RD
AVENUE, NORTHWEST 8TH STREET, AND NORTHWEST.2ND
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN),
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGES NO. 23 AND 36 OF THE ZONING
ATLAS MADE A PART OF SAID ORDINANCE NO. 9500BY
REFERENCE AND DESCRIPTION IN ARTICLE 3; SECTION
300 THEREOF; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE:
ORDINANCE NO.9970
AN ORDINANCE AMENDING THE, ZONING "ATLAS OF
ORDINANCE NO.9500, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION OF'THE AREAS GENERALLY BOUNDED
BY NORTHWEST 10TH STREET, NORTH MIAMI AVENUE;
NORTHWEST 8TH STREET, NORTHWEST 2ND AVENUE;
NORTHWEST 3RD AVENUE AND NORTHWEST"7TH STREET
(MORE PARTICULARLY DESCRIBED HEREIN),`FROM CG•2I7'
GENERAL COMMERCIAL, RG-316 GENERAL. RESIDENTIAL,
RG•317 GENERAL RESIDENTIAL; ANDCR•317 COMMERCIAL
RESIDENTIAL TO SPI.16; SOUTH EASTOVERTOWNIPARK
WEST COMMERCIAL RESIDENTIAL DISTRICT, EXCLUDING
THE EXISTING PR ZONING; MAKING FINDINGS; AND BY,
MAKING ALL THE NECESSARY CHANGES ON PAGES NO.;
23 AND.36 OF SAID.ZONING'ATLAS MADE AIPART;OF
ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION
IN'ARTICLE13, SECTION'300 THEREOF; CONTAINING. A'
REPEALER PROVISION AND A SEVERABILITY CLAUSE. "
ORDINANCE NO, 9971'
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO.9500, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE, ZONING
CLASSIFICATION OF THE AREA GENERALLY 3QUNP5D
BY NORTHWEST BTH..STREET, NORTH MIAMI'AVBNUE,
NORTHWEST 7TH�.STREET, j4QRTHWF6T.16T' COVRT,_ ._
NORTHWEST 16T. AVENUE, NORTHWEST BTH $TRBET.'
NO A REP-FAIXR PROV, l; N
MR 1,98
ORDINANCE ND. W79
tl,11ePoU tie hbuunu dj!j rnaI4 manor at tnai post orrice in
M aitril in sold Oadb County, Florida. for 3 period at one year
next pr0coding the first publication at the attached copy of
advortisiltrilikirit; and afflant further says that she hot neither
paid not pmrnlitod any oemon. firm at corporation any discount.
robot#, cor"irmitsion or tolUrid for the purpose at securing this
adverils6miltht for pubfidAff6d in thit told newsaatter,
Sworn to and sUblicribed before me this
4 th day Arih A.D, 19,
IS rbbks
f Florida at Large
entfref alto
(SEAL)
My Cbmmisglon eXpIrds June 'l, 1987.
MR 139
ORDINANCE NO. 9976
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO, 9500. THE ZONING ORDINANCE OF: THE
CITY OF: MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION OF: THE AREAS GENERALLY BOUNDED
BY NORTHWEST WtH STREET, NORTH MIAMI AVENUE,
NORTHWEST STH STREET, NORTHWEST 2ND AVENUE,
NORTHWEST 3R[) AVENUE AND NORTHWEST ITH STREET
(MORE PARTICULARLY DESCRIBED HEREIN), FROM CO-2/7
GENERAL COMMERCIAL, 86-3/6 GENERAL RESIDENTIAL,
RG-3/7 GENERAL RESIDENTIAL, AND CM-3/7 COMMERCIAL
RESIDENTIAL TO SPIA& SOUTHEAST OVERTOWNIPAAK
WEST COMMERCIAL RESIDENTIAL DISTRICT, EXCLUDING
THE EXISTING PA ZONING; MAKING FINDINGS; AND BY
L
MAKING ALL THE NECESSARY CHANGES ON PAGES NO
23 AND 36 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE No. 9500, BY REFERENCE AND DESCRIPTION
IN ARTICLE 3, SECTION 300 THEREOF; CONTAINING A
REPEALER PROVISION AND A StVr:RABILI!'Y CLAUSE.
ORDINANCE NO. 9971
AN ORDINANCE AMENDING THE ZONING ATLAS OF:
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION OF THE AREA GENERALLY BOUNDED
BY NORTHWEST 8TH STREET, NORTH MIAMI AVENUE,
NORTHWEST 7TH STREET, NORTHWEST 1ST COURT,
NORTHWEST 1ST AVENUE, NORTHWEST 6TH STREET,
NORTHWEST 3RD AVENUE, AND NORTHWEST 2ND AVENUE
(MORE PARTICULARLY DESCRIBED HEREIN), FROM CG-2/7
GENERAL COMMERCIAL
CIAL AND CR-3/7 COMMERCIAL
RESIDENTIAL TO SPI-16.2 SOUTHEAST OVERTOWNARK
WEST COMMERCIAL RESIDENTIAL DISTRICT; MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY 6HANGES'
ON PAGES NO, N AND 36 OF SAID ZONING ATLAS MADEA
PART OFLORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300 THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE,
ORDINANCE NO. 9972
AN ORDINANCE AMENDING ORDINANCE NO. 9500. THE
ftJ
MIAMI RVIFEW
ANb DAILY RECORD —
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA CITY OF MIAMI,
COUNTY OF DADS DAbE COUNTYi IrLORiCA
Before the undersigned authority personally appeared NOTICIE 01="P ! ftOI+OSEb dIRbINAiiCE - _I
OCtelme V. Ferbeyre, who on oath says that she is the Supervisor,
Legal Advertising of the Miami Review and Daily Record, a Notice is hereby given that the City Commission of the, Ctty`of
daily (except Saturday, Sunday and Legal Holidays) newspaper, Miami, Flotlda„on March 21, 1985, commencing at 9:00 A.M, in,.the
published at Miami in Dade County, Florida; that the attached City Commission Chamber, City Hall,'3500 Pan'American Dr., Miami, _
copy of advertisement, being a Legal Advertisement of Notice Florida, Will consider the following Ordinance(s) on final reading and -
in the matter of the adoption thereof: _
CITY OF MIAMI
ORDINANCE NO.
Re: ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO.9939, ADOPTED':
DECEMBER 20, 1984, THE CAPITAL IMPROVEMENT,APPRO-'
PRIATIONS ORDINANCE, BY ESTABLISHING, A NEW _CAPI-,
TAL, IMPROVEMENT PROJECT,:"BAYFRONTPARK'REDOEL.;
X X... ................ Court, FFOR AME,IN H SON AND AOSEVE 3,O(L.COI41AU it
In the ......... , .. NT OF f;6,013,
was published in said newspaper In the Issues of REPEALER PRO
REPEA
March 11, 1985 ORDINANCE NO:
AN ORDINANCE AMENDING "CHAPTER,54 OFTHE,
OFiTHE -CITY OF, MIAMI, FLORIDA; AS, SIN TI
TLED "STREETS AND, SIDEWALKS" BY ENACTING:,AMEW;
Afflant further says that the said Miami Review and Daily SECTI6N.54.0 ENTITLED :'RIGHT•OF.WAY:DEDICATION .
Record is a newspaper published at Miami in said Dade County, {
REQUIRED PRIOR :TO ISSUANCE,OF•PERMITS'.,;:XDDI0G;14;,_
Florida, and that the said newspaper has heretofore been NEW .SECTION 54 48, ENTITLED'."COVENANT REQUIRED _
(continu except Saturday'ISu day and Legal Holideys)nand has bean PRIOR TO ISSt1ANCE OF PERMITS";,AN,D`CONTAIhfINGxAF
entered as second class mail matter at the post office in REPEALER PROVISION. AND A.SEVERABICITY;CL ARSE:
Miami in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached copy of k
advertisement; and alliant further says that she has neither Said proposed ordinances) may,be inspected"by the pubtjc'at,the
paid nor promised any person, firm orporation any discount. Office, of: the City Cleric, 3500.Pan! ;Am-eriean.,DrlVe, IuhBfrll;.lFfOrida;
reba mmrssfon or refund i s rpose of securing this Wf onday''through .Friday, excluding Holidays; durlrl9 the hours Oj 8:00
ad rt ant for ublicello he s d newsy per.
A.M. to 5:00 P.M
,5' All InteresteQ.parties may appear al the meeting and be hear'd,witFi
�% respect to the proposed.ordtnance(s)
x
5rvom to and subeenbed%pefore me this Should any, person desire to appeal" any decision of thQ Ci y
• 1 Commission. with; respect to any: matter to be cpnstdeted at s
lltl} d of_,,,t„•� •„ •rc1�' @•, /�p.1s.. 85 meetipg,Ahat-per&or,Eshalli nsure that a�rerba#irtl'rep$rr^of the,
proceedings' Is made 'in lu I g all tf stirgopy and: eyid""c upon
tb. which any appeal play tie based, bar ,firA
Betty J.;ggrti Ilk
t 5y„
ko ry Pubi c, Staf�,gl�Florido at Large f RAI-PH.G ONGIE
'. r } t
CITY CLERK t 3 Q
(SEAL)
My ommission expiieg�unetilj'�9; ' .c CITY OF MIAMI FLORIRt
11
3. �