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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00532 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
55/SECTION 55-10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), ENTITLED "SUBDIVISION REGULATIONS/BUILDING
PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS", TO INCLUDE AN
EXCEPTION TO ALLOW A PERMIT TO BE ISSUED FOR THE CONSTRUCTION,
RENOVATION OR REPAIR OF NON -HABITABLE ON -SITE IMPROVEMENTS ON
UNPLATTED LAND WHEN SAID IMPROVEMENTS ARE MANDATED BY THE
CHARTER OF THE CITY OF MIAMI, CITY CODE OR CITY COMMISSION;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Charter of the City of Miami ("City Charter"), Code of the City of Miami, Florida, as
amended ("City Code") and the City Commission, may mandate that certain non -habitable
improvements be constructed on unplatted land within the City of Miami ("City"); and
WHEREAS, City Code Section 55-10 requires that land be platted prior to the issuance of a permit
to construct all improvements other than a one -family detached dwelling; and
WHEREAS, property owners of unplatted land may be unable to obtain the necessary permit to
comply with the mandate to construct the non -habitable on -site improvement; and
WHEREAS, the City Commission, after careful consideration of the inequity 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, to allow a permit to be issued for construction of City -mandated, non -habitable on -site
improvements on unplatted land;
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 55/Section 55-10 of the City Code entitled "Subdivision Regulations/Building
permits; issuance; restrictions; exceptions" is amended in the following particulars.{1}
"CHAPTER 55
SUBDIVISION REGULATIONS
Sec. 55-10. Building permits; issuance; restrictions; exceptions.
City of Miami Page 1 of 2 File Id: 11-00532 (Version: 1) Printed On: 6/27/2011
File Number: 11-00532
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(f) A permit may be issued for the construction by the city, its agent or lessee on city -owned
land, platted or unplatted, of a structure or other on -site improvements.
(g) A permit may be issued for the construction, renovation or repair of non -habitable on -site
improvements on unplatted land when said improvements are mandated by the City Charter,
City Code or City Commission.
(h) Where a "covenant in -lieu of unity of title" is accepted for a project pursuant to section
910.7 of zoning Ordinance No. 11000, as amended, the zoning ordinance of the City of Miami,
replatting will not be required for said project.
ll(h) A building permit may be issued for construction of improvements on private property 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; (2) submittal of an opinion of title from an
attorney member of the fund in a form acceptable to the city attorney; (3) execution of the
subdivision improvements agreements and any development agreements warranted by the
city; and (4) 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 be limited to the following:
. (1)
Payment of all actual or estimated permit and other applicable regulatory fees
associated with the improvements to the city prior to issuance of any building
permits.
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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 30 days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS/
JULIE O. RU
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) If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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.
City of Miami Page 2 of 2 File Id: 11-00532 (Version: 1) Printed On: 6/27/2011