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Home My WebLink AboutO-14216City of Miami Ordinance 14216 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14537 Final Action Date: 10/12/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-207 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/ZONING CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES," MORE PARTICULARLY BY REMOVING THE REQUIREMENT FOR DUPLICATIVE CERTIFICATES OF USE FOR COWORKING OR VIRTUAL OFFICE SPACES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Sabina Covo WHEREAS, the current Code of the City of Miami, Florida, as amended ("City Code"), allows City of Miami's ("City") Office of Zoning to charge fees for the issuance of certificates of use ("CUs") based upon the number of units or square footage of use, as applicable; and WHEREAS, in addition to requiring a CU for an office space, any entity sharing such office space by a sublease is assessed a fee of $105.00 and requires a separate CU; and WHEREAS, when originally drafted, the City Code did not contemplate coworking or transient office spaces; and WHEREAS, as presently drafted the City Code requires each individual user of a coworking or virtual office space to obtain its own CU; and WHEREAS, such office space has already been reviewed and inspected for life -safety and zoning compliance as evidenced by the CU for the overall coworking or virtual office space; and WHEREAS, in an effort to encourage new businesses and eliminate duplicative processes and fees the City Commission wishes to carve out coworking or virtual spaces from this requirement; and WHEREAS, this process will continue to apply to permanent non -virtual office spaces that are occupied pursuant to a sublease for a discrete portion of an office space; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the City Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 4 File ID: 14537 (Revision:) Printed On: 11/13/2023 File ID: 14537 Enactment Number: 14216 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 2, Article IV, Division 2, Section 2-207 of the City Code is hereby amended in the following the particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE IV - DEPARTMENTS Sec. 2-207. Zoning certificate of use required; annual reinspection of buildings and premises; fees for inspections and issuance of certificates. (a) Inspection and service fees for certificate of use. All persons applying for a certificate of use shall pay the following inspection and service fees: (1) Residential, other than single-family residence or two-family housing, as defined by Miami 21. a. Three to 12 units: $263.00 b. Each additional unit: $21.00 (2) Lodging as defined by Miami 21. a. First 12 units or less: $263.00 b. Each additional unit: $21.00 (3) Office as defined by Miami 21. a. First 2,000 square feet or less: $263.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $53.00 (4) Commercial as defined by Miami 21. a. First 2,000 square feet or less: $263.00 b. Each additional 1,000 square foot or part thereof in excess of 2,000 square feet: $53.00 (5) Civic as defined by Miami 21. a. First 1,000 square feet or less: $53.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $26.00 (6) Civil support as defined by Miami 21. a. First 2,000 square feet or less: $263.00 1 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 Page 2 of 4 File ID: 14537 (Revision:) Printed on: 11/13/2023 File ID: 14537 Enactment Number: 14216 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $53.00 (7) Educational as defined by Miami 21. a. First 1,000 square feet or less: $105.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $26.00 (8) Industrial as defined by Miami 21. a. First 2,000 square feet or less: $263.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $53.00 (9) Miscellaneous. All uses not previously covered by this section shall be assessed a fee as provided for in "Commercial," subsection (a)(4). (10) Sharing by a sublessee office space approved under an existing certificate of use (excluding sharing a coworking or virtual office): $105.00 (11) Amendment to an existing CU not requiring inspections: $105.00 (12) Transfer. A transfer of the CU is permissible upon payment of the fee below and only when there has been a bona fide sale and transfer of the property used and employed in the business as stock and trade, and not otherwise; provided that the seller of the business shall present the CU to the zoning office and finance department with an endorsement assigning all right, title and interest to the purchaser, and the purchaser shall produce a properly executed bill of sale showing the transfer of stock from the person to the purchaser: $263.00 (13) Change of name. A building or premises or part thereof shall be required to obtain a new CU when a change in the name of the business or entity occupying space therein has occurred. However, if no change in the use has occurred, the following fee will apply: $263.00 (b) Certificates of use for new buildings and premises and for change of use. (1) No new buildings or premises or part thereof and no existing building or premises when there has been a change of use in said building or premises, except one- and two- family residences, shall be occupied until a zoning certificate of use shall have been issued by the zoning office. Certificates of use shall not be issued until the premises have been inspected and found to comply with all code requirements of the zoning office, fire -rescue department and such other agencies as may have jurisdiction. All applications for certificates of use shall expire 90 working days from the date of application if approval is not received for issuance of a certificate, unless the space is under construction with a valid building permit and approvals cannot be made until work is completed. a. Buildings designed or proposed to be used as office buildings shall require one zoning certificate of use for each separate office tenant and one for each commercial use activity contained therein, provided that for coworking or virtual offices, only one certificate of use is required. Each separate office tenant in existing office buildings not having an individual certificate of use on the effective date of this section must obtain one prior to the renewal of its city local business tax receipt. b. Apartment buildings, hotels, and other multiple -residential occupancies containing three or more units and occupied only by residential tenants shall require one zoning certificate of use per building. City of Miami Page 3 of 4 File ID: 14537 (Revision:) Printed on: 11/13/2023 File ID: 14537 Enactment Number: 14216 c. Apartment buildings, hotels, and other residential occupancies containing commercial tenants shall require additional zoning certificates of use for each commercial use activity contained therein. d. Industrial buildings containing one tenant shall require a single zoning certificate of use. e. Industrial and commercial buildings containing more than one tenant shall require a zoning certificate of use for each tenant. f. Buildings with common areas including but not limited to hallways, elevators, and lobbies, shall have a separate shell certificate of use. (2) Upon the issuance of a zoning certificate of use for a building or premises, an annual inspection schedule will be established and annual inspections will be conducted thereafter. (3) Annual inspections will be conducted to determine that each building or premises complies with the regulations established in the city zoning ordinance, building code, fire code, health regulations, and such other regulations that may apply to the particular building or premises. *„ Section 3. If any section, part of 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 thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 8/30/2023 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 Page 4 of 4 File ID: 14537 (Revision:) Printed on: 11/13/2023