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File ID: #14809
Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM," MORE
PARTICULARLY BY AMENDING SECTION 10-75 OF THE CITY CODE TO CREATE
A SHORT-TERM ENHANCED SIDE SETBACK ADMINISTRATIVE ADJUSTMENT
PILOT PROGRAM FOR THE CITY OF MIAMI'S EXISTING CODE RELIEF PROGRAM
AND CREATING SECTION 10-76 TITLED "DRIVEWAY AMNESTY PROGRAM" TO
PROVIDE FOR A SETBACK ADJUSTMENT FOR EXISTING DRIVEWAYS AT SINGLE
FAMILY HOMES AND DUPLEX PROPERTIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 14809 (Revision:) Printed On: 11/7/2023
City of Miami
Legislation
Ordinance
Enactment Number: 14223
File Number: 14809 Final Action Date: 10/26/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM," MORE
PARTICULARLY BY AMENDING SECTION 10-75 OF THE CITY CODE TO CREATE
A SHORT-TERM ENHANCED SIDE SETBACK ADMINISTRATIVE ADJUSTMENT
PILOT PROGRAM FOR THE CITY OF MIAMI'S EXISTING CODE RELIEF PROGRAM
AND CREATING SECTION 10-76 TITLED "DRIVEWAY AMNESTY PROGRAM" TO
PROVIDE FOR A SETBACK ADJUSTMENT FOR EXISTING DRIVEWAYS AT SINGLE
FAMILY HOMES AND DUPLEX PROPERTIES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 13933, adopted on October 22, 2020, the
City Commission adopted Chapter 10/Article V/Sections 10-70 thru Section 10-75 of the
Code of the City of Miami, Florida, as amended ("City Code"), establishing the Code Relief
Program ("Program") to allow for homestead property owners to participate in an amnesty
program to bring their properties into compliance with the Florida Building Code ("FBC") for
unpermitted work completed prior to March 1, 2002; and
WHEREAS, the City of Miami ("City") Commission, on September 23, 2021, adopted
Ordinance No. 14022, which changed the Program to a permanent program; and
WHEREAS, the Program has assisted many City residents in legalizing their homes;
and
WHEREAS, some single-family homeowners seeking to avail themselves of the
Program have found that while there is the opportunity to legalize their home in accordance
with the FBC, they are unable to do so consistent with the City's present zoning ordinance,
Miami 21 or the zoning ordinance in effect at the time of the unpermitted work pursuant to
Section 10-72(2)(b) of the City Code; and
WHEREAS, in most cases this inability to legalize the home stems from smaller than
average side setbacks; and
WHEREAS, the City Commission wishes to grant additional relief, on a short-term
basis as a pilot program for owners of those structures with reduced side setbacks where
the unpermitted construction has existed for a significant amount of time without deleterious
effect on the neighborhood in which the home is found; and
WHEREAS, there are also many residential properties within the City that have had
driveway work performed not only without permit but also in violation of Zoning and Public
Works requirements; and
WHEREAS, these properties tend to have fully paved front yard and swale areas
which is a violation of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
City of Miami File ID: 14809 (Revision:) Printed On: 11/7/2023
Florida, as amended ("Miami 21 Code") as well as City Code; and
WHEREAS, this paving has a detrimental effect on runoff and drainage in the City,
which leads to flooding problems in areas due to improper runoff capacity; and
WHEREAS, in order to encourage and create a path to compliance, the providing of
an amnesty provision with slight modifications to the current Miami 21 Code and City Code
requirements is beneficial to our community as a whole; and
WHEREAS, Section 2-33(c)(9) of the Code of the City of Miami, Florida, as amended
("City Code"), allows for the creation of legislative pilot programs for a limited period of time not
to exceed one (1) year regulating any area within the City Commission's powers as set forth in
Section 4 of the Charter of the City of Miami, Florida, as amended ("City Charter"), with a
possible reinstatement of one (1) additional year; and
WHEREAS, it is in the best interest of the residents of the City for the Program to
incorporate this as a pilot program;
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 if fully set forth in this Section.
Section 2. Chapter 10/Article V of the City Code is further amended in the following
particulars:1
"CHAPTER 10
BUILDINGS
ARTICLE V. CODE RELIEF PROGRAM
Sec. 10-72. Criteria and process.
Existing remodeling work and additions located on homestead and owner -occupied property
may be granted a permit for legalization under this article. The legalization may be for any
structure, including any part thereof, or for any addition or repair work, built without proper
permits, if the work performed commenced prior to March 1 2002, under any prior building or
zoning code, or any permits obtained under the South Florida Building Code, which expired
without certificates of completion or occupancy having been issued. Any work that is required to
be legalized that was built after March 1, 2002 shall have to follow the Florida Building Code as
required by law.
The legalization permits will be issued by the building official in accordance with the Florida
Building Code § 105.14, as amended, and by fulfilling the following conditions:
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
unchanged material.
City of Miami File ID: 14809 (Revision:) Printed On: 11/7/2023
(1) The applicant shall furnish a set of as -built plans, as defined in this article, of the
building or structure;
(2) The applicant shall furnish an as -built certificate satisfactory to the building official
issued by a Florida registered engineer or architect. The Florida registered engineer or
architect will attest via affidavit based on knowledge, belief and professional judgment,
and based on an inspection of the structure, that the structure can be legalized. The as -
built certificate shall contain a narrative description of the methodology used by the
engineer or architect tendering the certificate to make the determination that the
structure can be legalized. In issuing the certificate of completion or occupancy, the
building official shall be entitled to rely on the accuracy of the as -built certificate provided
by an engineer or architect. More particularly, the affidavit will attest that the structure:
a. Is structurally sound, and complies with the FEMA zone requirements for
minimum floor elevation;
b. Satisfies the requirements of the building and zoning code(s) in effect at the
time the work was commenced, indicating the date the work on the structure was
commenced from the best available records and the requirements of the building
and zoning code(s) in effect on that date, provided that an adjustment pursuant
to section 10-75 may be made notwithstanding meeting the requirements of the
applicable zoning code but must be fully compliant with the current building code;
c. Complies with all safety minimum requirements identified below;
d. Complies with the permit application and any plans approved by the building
official; and
(3) The as -built certificate and plans must indicate that the structure will comply with all
of the following life -safety minimum requirements of the current Florida Building Code
(FBC):
a. Means of egress or escape;
b. Requirement of shutters;
c. Residential single station smoke detectors - installed in accordance with NFPA
(1999 edition);
d. Requirement for ground fault interrupters, bathroom and kitchen;
e. Requirement for full size pressure and temperature relief valve lines on all
water heaters;
f. Handicapped access requirements;
g. All gas piping systems shall be bonded to ground;
h. Handrails shall be inspected and replaced, if necessary, in full compliance with
requirements of the current building code.
(4) Prior to issuing the certificate of completion or occupancy, the building official shall
conduct an inspection to determine whether:
a. The plans submitted reflect the present state of the structure; and
b. The structure complies with all requirements of the current building code
identified above; and
c. The as -built certificate represents accurately the condition of the structure.
Sec. 10-75. Administrative variance.
Pursuant to review by the zoning director, an administrative variance of up to 25
percent may be granted for setbacks as long as minimal life -safety requirements are
met. However, such a variance will not in any event legalize that which cannot be
legalized or allowed in a particular transect with respect to uses.
City of Miami File ID: 14809 (Revision:) Printed On: 11/7/2023
The Zoning Director may grant an administrative variance of up to 50 percent for one
of a lot's side setback area provided the unpermitted work, excluding unpermitted
work addressed in Section 10-76, in said setback area commenced prior to
September 23, 1982 and the current homeowner applies under this subsection prior
to j90 DAYS FROM ADOPTION OF ORDINANCE'. For the purpose of this
subsection (b), the time of application shall be deemed the day the building permit
legalizing such work receives prescreen approval in the City's permitting systems,
this shall also include scope of work approval for any property with an open and
pending Unsafe Structure violation pursuant to Section 10-101. This subsection (b)
shall sunset on to j90 DAYS FROM ADOPTION OF ORDINANCE'.
Sec. 10 76 10 100. Reserved Driveway Amnesty Program
To qualify for the Driveway Amnesty Program a property owner must show:
a. Ownership of the property for the past five (5) years; and
b. Proof public street abutting property has been repaved within the past five (5)
years; and
c. Property is a single-family home or legal duplex located in a T3 or T4 transect
zone.
gl Requirements of green space to be located on frontage and swale, notwithstanding the
requirements of the Miami 21 Code shall be:
a. Yard set back on private property at driveway location shall be no less than three
(3) feet from the property line; and
b. The public right-of-way or swale shall constitute 34% green space as required by
the Department of Resilience and Public Works.
gl Plans shall be submitted and Permits approved and issued as provided for in Chapter 10
of the City Code including, but not limited to, required fees for legalization for
unpermitted work and approval by all relevant state and local departments. If the
property is currently subject to an Unsafe Structure case, the owner shall follow the
requirements of permitting as it pertains to those cases, but should they be in good
standing with the Unsafe Structure Panel order they may avail themselves of this
Program.
This Program shall expire one (1) year from the date of passage of the enacting
ordinance.
Secs. 10-77 — 10-100 — Reserved.
*„
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 immediately upon final reading and
adoption thereof.2
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
City of Miami File ID: 14809 (Revision:) Printed On: 11/7/2023
APPROVED AS TO FORM AND CORRECTNESS:
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: 14809 (Revision:) Printed On: 11/7/2023