HomeMy WebLinkAboutO-13251City of Miami
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Ordinance: 13251
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01335zt Final Action Date: 1/27/2011
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, DEFINITIONS, SECTION 1.2
DEFINITIONS OF TERMS, TO MODIFY THE DEFINITION OF UNITY OF TITLE AND
BY AMENDING ARTICLE 7, SECTION 7.1 PROCEDURES BY ADDING A NEW
SECTION, 7.1.7 UNITY OF TITLE, ESTABLISHING REQUIREMENTS FOR UNITIES
OF TITLE AND COVENANTS IN LIEU OF UNITY OF TITLE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the Miami Planning Zoning and Appeals Board at its December 1, 2010 meeting,
considered Item No. 4, adopting Resolution No. PZAB-R-10-061 by a vote of nine to zero (9-0),
recommending DENIAL of this item to the City Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ordinance No. 13114; and
WHEREAS, it has been determined that certain articles of the Code should be amended
to provide additional requirements to specific articles of the Code to better meet the needs of the
residents of Miami; 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 of Miami and its citizens to
amend the Code as hereinafter set forth;
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. Ordinance No. 13114, the Code, is hereby amended by making modifications
to Article 1 and Article 7 in the following particulars: {1}
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
City of Miami
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Unity of Title: A written agreement executed by and between a property owner and the City whereby
the property owner for a specified consideration by the City agrees that the Lots and or parcels of
land constituting the Building site shall not be conveyed, mortgaged and or leased separate and apart
from each other and that they shall be held together as one (1) tract. Such Unity of Title shall be
recorded in the Public Records of Dade County, Florida and shall run with the land and shall be
binding upon the property owner(s), their successors and assigns. See Article 7, Section 7.1.7. A
covenant in lieu of Unity of Title is acceptable in situations where a unified lot is required by this Code,
but a Unity of Title is not practical due to different ownership. Such covenant must conform to all of
the requirements of Article 7, Section 7.1.7.6 of this Code. The terms Unity of Title and covenant in
lieu of Unity of Title shall be interchangeable for purposes of this Code.
ARTICLE 7. PROCEDURES AND NONCONFORMITIES
TABLE OF CONTENTS
DIAGRAM 14 Permitting Process
7.1 Procedures
7.1.1 Authorities
7.1.2 Permits
7.1.3 Application and Review Process
7.1.4 Quasi -Judicial Procedures
7.1.5 Appeals
7.1.6 Notice of hearings
7.1.7 Unity of Title
7.1.7 Unity of Title
7.1.7.1 When required
The owner of a property shall submit a Unity of Title in recordable form to the Office of Zoning
providing that all of the property encompassing the Lot upon which the Building and
appurtenances are to be located shall be held together as one (1) tract of land and providing that
no part or parcel shall be conveyed or mortgaged separate and apart from the Lot, as set forth
under the Building Permit in the following cases:
1. Whenever a Development site consists of more than one (1) Lot, whether the combination of
Lots is required to meet minimum zoning requirements or the Development site is not platted
as a single Development site.
2. Whenever a Unity of Title is required by an ordinance or resolution adopted by the City
Commission.
3. Whenever the City of Miami requires a Unity of Title be executed as a condition to the
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issuance of any Variance or permit or prior to acceptance of any terms of an agreement.
7.1.7.2 Specific requirements
a. The owner shall provide a certificate of ownership by an opinion of title from an attorney
licensed to practice law in the State of Florida. Said opinion of title, which shall be from the
point of beginning, shall be based upon an abstract brought up within ten (10) days of the
requirement that such Unity of Title be recorded.
b. The opinion of title shall include the names and addresses of all mortgagees and lien
holders, the description of the mortgages or liens, if applicable, and the status of all real
estate taxes due and payable.
c. The Unity of Title shall be executed with the same formality and manner as a warranty
deed under the laws of the State of Florida.
d. Prior to submission of a Unity of Title, the owner shall conduct a lien search with the Office
of Hearing Boards and the Department of Finance and comply with any code enforcement
violations and satisfy any outstanding liens, if applicable, due to the City.
7.1.7.3 Approval
No Building Permit shall be issued until the required Unity of Title has been approved by the Zoning
Administrator, as to Zoning requirements, in a legal form acceptable to the City Attorney and upon
proper recording in the Miami -Dade County Public Records at the Owner's sole expense.
7.1.7.4 Release
Any Unity of Title required by this section shall not be released, except as specified in the legal
instrument used to record said Unity of Title. Any Unity of Title agreement which does not contain a
release clause or procedures for release, may be released by the Zoning Administrator, in a form
acceptable to the City Attorney, upon a determination by the Zoning Administrator that the Unity of
Title is no longer necessary (i.e. a release may be proper due to a replat of the properties united or
the removal of any encroachments which necessitated the unity). In the absence of such a
determination, the Unity of Title shall be released only by resolution of the City Commission. Releases
approved pursuant to this section shall be recorded in the public records of Miami -Dade County,
Florida, at the property owner's sole expense.
7.1.7.5 Recording
The owner shall be solely responsible for the costs of recording the Unity of Title in the Public
Records of Miami -Dade County. The Owner shall also be responsible for an administrative fee of
$3.50 which shall be payable to the City upon submission of the Unity of Title to the Office of Zoning.
7.1.7.6 Covenant in lieu of Unity of Title
Whenever a Unity of Title is required, pursuant to this section, a covenant in lieu thereof shall be
acceptable provided that said covenant conforms to all of the following requirements:
a. Where multiple Buildings on a single site exist, or for properties which contain multiple
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owners on a single site, the City may accept a covenant in lieu of Unity of Title. The
acceptance of said covenant shall require the approval of the Zoning Administrator and
any other City officials that may be required by the Zoning Administrator. The acceptance
of a covenant in lieu of Unity of Title will not constitute a subdivision of land for purposes of
this article. The Zoning Administrator shall evaluate the request for submittal of a covenant
in lieu of Unity of Title and the information supplied with regard to its impact on the
community. In evaluating the request, the Zoning Administrator may confer with
representatives of other departments or agencies, as may be necessary.
b. If a negative impact on the community exists, the request for submittal of the covenant in
lieu of Unity of Title shall be denied.
c. If no negative impact on the community exists, the Zoning Administrator may approve the
covenant in lieu of Unity of Title.
d. In determining whether a negative impact on the community exists, the Zoning
Administrator shall review:
1. The off-street parking and loading facilities related to adjacent streets, including
ingress and egress to the subject property, with particular importance on pedestrian
safety, convenience, internal traffic flow and control, arrangement in relation to access
in case of fire or other emergency, and screening and landscaping.
2. The utilities on the subject property.
3. The maintenance of the subject property.
e. A covenant in lieu of Unity of Title shall not be accepted for residential properties in T3
transects (Single Family and Two -Family Residential).
f. The covenant in lieu of Unity of Title, approved for legal form and sufficiency by the City
Attorney, or designee, shall run with the land and be binding upon the heirs, successors,
personal representatives and assigns, and upon all mortgagees and lessees and others
presently or in the future having any interest in the property. The covenant in lieu of Unity
of Title shall contain the following elements:
1. That in the event of multiple ownership subsequent to the approval of the covenant in
lieu of Unity of Title, each of the subsequent owners shall be bound by the terms,
provisions and conditions of the covenant. The owner shall further agree not to convey
portions of the subject property to such other parties unless and until the owners and
such parties shall have executed and mutually delivered, in recordable form an
instrument to be known as an "easement and operating agreement" which shall
include, but is not limited to:
(a) Easements in the common area of each parcel for ingress to and egress from the
other parcels;
(b) Easements in the common area of each parcel for the passage and parking of
vehicles;
(c) Easements in the common area of each parcel for the passage and
accommodation of pedestrians;
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(d) Easements for access roads across the common area of each parcel to public and
private roadways;
(e) Easements for the installation, use, operation, maintenance, repair, replacement,
relocation or removal of utility facilities in appropriate areas in each such parcel;
(f) Easements on each parcel for construction of buildings and improvements in favor
of each other parcel;
(g) Easements upon each parcel in favor of each adjoining parcel for the installation,
use, maintenance, repair, replacement and removal of common construction
improvements such as footing, supports and foundations;
(h) Easements on each parcel for attachment of Buildings;
Easements on each parcel for Building overhangs and other overhangs and
projections encroaching upon such parcel from adjoining parcel such as, by way of
example, marquees, canopies, lights, lighting devices, awnings, wing walls and the
like.
(j) Appropriate reservation of rights to grant easements to utility companies;
(k) Appropriate reservation of rights to road rights -of -way and curb cuts;
ij Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
(m)Appropriate agreements between the owners of the several parcels as to the
obligation to maintain and repair all private roadways, parking facilities, common
areas and common facilities and the like.
These instruments or portions may be waived if approved by each of the directors of
the Public Works Department, the Planning Department, the Building Department, and
the Office of Zoning, or their designees, if the provisions are inapplicable to the subject
property. In addition, the instruments shall contain such other provisions with respect to
the operation, maintenance and development of the property as the parties may agree.
Such provision may be modified or amended by such parties (or the applicable
association governing such parties) without approval or joinder by the directors, or their
designees, if it will be constructed, conveyed and operated in accordance with an
approved site plan. The multiple owners may, by mutual agreement, allocate among
themselves and the parcels owned by them, setbacks, parking, open space, floor area
and similar governmental requirements, and these allocations shall be honored in
connection with requests for future site plan changes.
2. The covenant in lieu of Unity of Title shall be in effect for a period of thirty (30) years
from the date the documents are recorded in the public records of Miami -Dade County,
Florida, after which time it shall be extended automatically for successive periods of
ten (10) years, unless released in writing by the Owners with approval by the Zoning
Administrator. With respect to any portion of the subject property over which a
condominium, homeowners or other similar association then exists, the instrument of
amendment, modification or release shall be executed by such association (in
accordance with its governing documents) in lieu of the fee owners of such portion of
the subject property. For modifications, amendments, or releases, joinder is required
by each of the directors of the Public Works Department, the Planning Department, the
Building Department, and the Office of Zoning, or their designees to execute the
instrument of amendment, modification or release upon the demonstration and
affirmative finding that the Covenant is no longer necessary to preserve and protect
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the property for the purposes herein intended.
(g). The remaining requirements as discussed in this Article concerning a Unity of Title
shall also apply to a covenant in lieu of a Unity of Title.
7.1.7.7 Recorded agreements between parties superseded by covenants in lieu of Unity of Title
Whenever a covenant in lieu of Unity of Title is drafted which makes specific reference to
and provides new conditions, requirements and limitations for any characteristic or aspect of
use pertaining to the subject property, such new covenant shall supersede any other
existing agreements regulating such matters, or shall be accepted as a substitute for any
agreements required from the applicant pertaining to joint or shared facilities.
*I1
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. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, which
provisions may be renumbered or reentered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor. {2}
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 or upon the
effective date stated herein, whichever is later.
City of Miami
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