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Miami, FL 33133
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File Number: 03-0115 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13,
ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "DEVELOPMENT IMPACT FEES, IN GENERAL," TO CLARIFY
PROVISIONS REGARDING THE GRANTING OF IMPACT FEE EXEMPTIONS;
MORE PARTICULARLY BY AMENDING SECTIONS 13-2 AND 13-6 OF THE
CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 13 of the City Code provides for the exemption of impact fees for certain
uses and in certain districts; and
WHEREAS, on November 19, 2002, the City Commission adopted Ordinance No. 12295
updating Articles 13-2(b)(3) and (4) and 13-6(3) and (4) to reflect the replacement of "community
development target areas" with "community revitalization districts" pursuant to the City's adopted
1999-2004 Consolidated Plan; and
WHEREAS, the language of these subsections requires clarification;
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 13, Article I, of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars: {1}
"Chapter 13
DEVELOPMENT IMPACT FEES
ARTICLE I. IN GENERAL
Sec. 13-2. Findings.
*
(b) The City Commission finds and declares that the impact fee imposed upon all new
nonresidential and new residential development as further described below, in order to finance
specified public facilities, the demand for which is uniquely created by such new development, is in
the best interest of the City and its residents, is equitable, and does not impose an unfair burden
on such development. Specifically exempted from such imposition and payment of impact fees
are:
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(3) All duplex and multiple family residential development located in the City's designated
Community development target areas or their equivalent Revitalization Districts as defined within
the effective community development block grant program plan approved by the City's adopted
Consolidated Plan and as amendedand accepted by the U.S. Department of Housing and Urban
Development, as may be amended;
(4) All duplex and multiple family residential development, outside of the Community
development target areas or their equivalent as stipulated hereinabove Revitalization Districts,
which is certified by the City department responsible for housing as low and/or moderate income
housing;
*
Sec. 13-6. Applicability of impact fee.
This chapter shall be uniformly applicable to all new development, exclusive of single-family,
City -owned or operated facilities and certain other development as specifically defined herein.
Specifically exempted from such imposition and payment of said impact fees are:
(3) All duplex and multiple family residential development located in the City's designated
Community Revitalization Districts development target areas or their equivalent as defined within
the current community development block grant program plan approved by theCity's adopted
Consolidated Plan and as amendedand accepted by the U.S. Department of Housing and Urban
Development.
(4) All duplex and multiple family residential development, outside of the Community
development target areas or their equivalent as stipulated hereinaboveRevitalization Districts,
which is certified by the City department responsible for housing as low and/or moderate income
housing;
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor. {2}
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File Number: 03-0115
PASSED ON FIRST READING BY TITLE ONLY this day of , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day
of , 2003.
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
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.
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