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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00272 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING
SECTION 55-10, ESTABLISHING A PROCEDURE TO ALLOW THE ISSUANCE
OF BUILDING PERMITS UPON THE APPROVAL OF A TENTATIVE PLAT;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the volume of tentative plats received by the City of Miami ("City") has increased
greatly as a result of the development boom; and
WHEREAS, more time is required to process tentative plats and to forward them as final plats to
the City Commission for acceptance; and
WHEREAS, the entire platting process approaches and may exceed a period of one-year and the
length of time is disruptive to financing and construction schedules; 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 inhabitants to amend the Code of the City
of Miami, Florida, as amended ("City Code"), to establish a procedure to allow the issuance of building
permits upon the approval of a tentative;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLOR1 DA:
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 55/Section 55-10 of the City Code, entitled "Subdivision Regulations/Building
permits; issuance; restrictions; exceptions," is further amended in the following particulars: {1}
"Chapter 55
SUBDIVISION REGULATIONS
* * * * * * * * * * * *
Sec. 55-10. Building permits; issuance; restrictions; exceptions.
* * * * * * * * * * * *
(h) A building permit may be issued for construction of improvements on private property located -
City of Miami Page 1 of 2 Printed On: 3/14/2006
File Number: 06-00272
" or on governmental agency -owned land
within the boundaries of an approved tentative plat prior to final plat approval and recordation thereof,
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, and (2)
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 limited to:
* * * * * * * *
*
(6) Acknowledge that a temporary certificate of occupancy or a certificate of occupancy shall not be
issued, unless and until the governmental agency or developer obtains final plat approval and records
the plat in the official records of Miami -Dade County, Florida, within the recordation period as defined
in subsection (10), below.
* * * * * * * * * * * *
Notwithstanding the foregoing, as to the development of private property
districts, a building permit may be issued only upon the director
of the city department of public works,
recommending the issuance of the
building permit.
*
* * * * * * * * *II
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective thirty days after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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.
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