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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01185
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION",
MORE PARTICULARLY BY AMENDING SECTION 54-58, ENTITLED "
REPAIR/RIGHT-OF-WAY DEDICATION REQUIRED PRIOR TO ISSUANCE OF
PERMITS, —BY CLARIFYING THE THRESHOLD FOR THE DIRECTOR OF THE
DEPARTMENT OF PUBLIC WORKS TO AFFIRM RELATIVE TO THE
RIGHT-OF-WAY DEDICATION MADE PURSUANT TO THIS CODE SECTION;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon submission of an application for a building permit or change of use, the Director
of the Department of Public Works must determine if there is a rational and substantial connection
between the burdens imposed by the proposed development or change of use on the City of Miami
("City") services and the dedication of the land lying within the City's officially established right-of-way
to the public for street purposes; and
WHEREAS, clarification of the threshold that denotes a rational nexus between the burdens
imposed by the proposed development or change of use and the dedication of the officially established
right-of-way is warranted; 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 Code of the City of
Miami, Florida, as amended ("City Code"), to clarify the threshold for the Director of the Department of
Public Works to affirm relative to the right-of-way dedication made pursuant to the City Code;
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 54/Article II/Section 54-58 of the City Code entitled "Streets and
Sidewalks/Construction, Excavation and Repair/Right-of-Way dedication required prior to issuance of
permits" is amended in the following particulars:{1}
"CHAPTER 54
STREETS AND SIDEIP ALKS
City of Mianu Page I of 2 File Id: 11-01185 (Version: 1) Printed On: 12/15/2011
File Number: 11-01185
ARTICLE II. CONSTRUCTION, EXCAVATION AND REPAIR
Sec. 54-58. Right-of-way dedication required prior.to issuance of permits.
(a) Whenever the owner(s) of the property within the city wishes to construct a new building or
structure, or to change the use of an existing building or structure, or expand an existing
structure, and the director of the department of public works determines that there is a rational
and substantial connection between the burdens imposed by the proposed development or the
change of use on the city services, including adjacent streets and the dedication of the portion of
the applicant's lot, tract or parcel of land lying within the city's officially established right-of-way to
the public for street purposes, and that the dedication of the officially established right-of-way is
absolutely reasonably necessary to mitigate the burdens that the proposed development or
change of use places on the adjacent streets, no permit for construction of a new building or
structure or change of use or expansion of an existing structure shall be issued on any lot, tract
or parcel of land until all portions of the applicant's lot, tract or parcel lying within the city's
officially established right-of-way have been dedicated to the public for street purposes.
Additionally, right-of-way lines at street intersections shall be rounded with a radius of 25 feet.
The area external to the 25-foot radius shall also be dedicated to the public for street purposes
prior to the issuance of permits described above.
*11
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. BFU
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
indicated omitted and unchanged material.
{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.
City of Miami Page 2 of 2 File Id: 11-01185 (Version: 1) Printed On: 12/15/2011