HomeMy WebLinkAboutO-13347City of Miami
Legislation
Ordinance: 13347
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00935 Final Action Date: 10/25/2012
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2,
ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING
AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION
2-207, ENTITLED "ZONING CERTIFICATE OF USE REQUIRED; ANNUAL
REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND
ISSUANCE OF CERTIFICATES" TO DELETE OBSOLETE LANGUAGE, ADD
LANGUAGE THAT IS CONSISTENT WITH MIAMI 21, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, AND AMEND THE RENEWAL SCHEDULE FOR
CERTIFICATES OF USE; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 13114, adopted October 22, 2009, the City Commission
adopted the City of Miami's new Zoning Ordinance, Miami 21; and
WHEREAS, the applicable portions of the Code of the City of Miami, Florida, as amended ("City
Code"), were not amended at the time the new Zoning Ordinance was adopted by the City
Commission; and
WHEREAS, the current renewal schedule for Certificates of Use is the calendar year; and
WHEREAS, the current renewal schedule for Business Tax Receipts is the fiscal year; and
WHEREAS, combining renewal invoices for both Certificates of Use and Business Tax Receipts
will reduce expenses, increase compliance, and eliminate customer confusion; and
WHEREAS, new invoices for Fisal Year 2014 will be sent out in July, 2013; and
WHEREAS, invoices for Certificates of Use are already being sent out as of the effective date of
this Ordinance; and
WHEREAS, in order to avoid overcharging businesses, current invoices for current Certificates
of Uses will be prorated until September 30, 2013;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION FOR THE CITY OF MIAMI,
FLORIDA:
Section 1.The recitals and findings contained in the Preamble to this Ordinance are adopted by
City of Miami
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File Number: 12-00935 Enactment Number: 13347
reference and incorporated as fully set forth in this Section.
Section 2.Chapter 2/Article IV/ Division 2 of the City Code is amended in the following
particulars:{1}
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
*
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-207. Zoning certificate of use required; annual reinspection of buildings and premises; fees for
inspections and issuance of certificates.
(a) Inspection and service fees for certificate of use. All persons applying for a certificate of use for
the use of vacant or improved land or for a change of use of the land or for a change in the use of an
existing building shall pay the following inspection and service fees: "delete highlighted area"
{1 } Retail:
a: Up to 2,000 $263.00
b €ach 00 sg care fc t or Texcess of 2 000 square feet 53.00-
{2} Wholesale (including warehouse and shops):
a: First 2,000 square feet or less 263.00
b Eac�hi additional nun square fc t or part inrexcss f 2 000 square feet-5-3 00
( -) Restaurants.
��`"'�� a: Including bars, lounges, theaters, etc.:
1, First 100 seats 263.00
2 Each additional 25 seams or portion thereof-5o
Take-out restaurants (no seats):
1, First 2,000 square feet 263.00
2 Eac i additional nun sg care fc t cTor paT in exams of 7 000 square feet 53,0Q
(4) Day care center and other institutional uses.
a: Not for profit, first 1,000 square feet 53.00
For profit, first 1,000 square feet 105.00
c For each additional 1,000 square feet or part in exce.s of 1,000 square feet 26.00
{5) Office:
a: First 2,000 square feet or less 263.00
{6) Apartments, hotels, motels and roominghouses:
a: Apartments:
1, Three 12 dwelling units 263.00
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File Number: 12-00935 Enactment Number: 13347
{7)
Each additional unit 2-1-$0-
Hotels, motels and roominghouses:
1, Three 12 lodging units 263.00
2 Each -additional unit 2-1,0-0-
Commercial parking lots and garages and automotive service stations:
a: First 10,000 square feet or le.s 263.00
(1) Residential, other than Single -Family Residence or Two -Family Housing, as defined by
Miami 21:
a. Three (3) to twelve (12) units: 263.00
b. Each additional unit: 21.00
gj Lodging as defined by Miami 21:
a. First twelve (12) units or less: 263.00
b. Each additional unit: 21.00
Office as defined by Miami 21:
a. First 2,000 square feet or less: 263.00
b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: 53.00
Oj Commercial as defined by Miami 21:
a. First 2,000 square feet or less: 263.00
b. Each additional 1,000 square foot or part thereof in excess of 2,000 square feet:
53.00
(5) Civic as defined by Miami 21:
a. First 1,000 square feet or less: 53.00
b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: 26.00
(6) Civil Support as defined by Miami 21:
a. First 2,000 square feet or less: 263.00
b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: 53.00
(7) Educational as defined by Miami 21:
a. First 1,000 square feet or less: 105.00
b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: 26.00
(8) Industrial as defined by Miami 21:
a. First 2,000 square feet or less: 263.00
b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: 53.00
(89) Miscellaneous. All uses of buildings not previously covered by this section shall be
assessed a fee as provided for in "retailCommercial," subsection (a)(-4).
(910) Sharing by a sublessee office space approved under an existing certificate of use:
105.00
{1-0-) Change of tenant for same use as previous tenant 105.00
(11) Amendment to an existing CU not requiring inspections: 105.00
(12) Transfer. A transfer of the CU is permissible upon payment of the fee below and only when
there has been a bona fide sale and transfer of the property used and employed in the business
as stock and trade, and not otherwise; provided that the seller of the business shall present the
CU to the Zoning Office and finance department with an endorsement assigning all right, title
and interest to the purchaser, and the purchaser shall produce a properly executed bill of sale
showing the transfer of stock from the person to the purchaser: 263.00
(13) Change of name. A building or premises and/or part thereof shall be required to obtain a
new CU when a change in the name of the business or entity occupying space therein has
occurred. However, if no change in the use has occurred, the following fee will apply:
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File Number: 12-00935 Enactment Number: 13347
263.00
(b) Certificates of use for new buildings and premises and for change of use:
(1) No new buildings or premises and/or part thereof and no existing building or premises when
there has been a change of use in said building or premises, except one- and two-family
residences, shall be occupied until a zoning certificate of use shall have been issued by the
planning, building and zoning departmentoffice. Certificates of use shall not be issued until the
premises have been inspected and found to comply with all code requirements of the planning,
building and zoning departmentoffice, fire -rescue department and such other agencies as may
have jurisdiction. All applications for certificates of use shall expire 30 working days from the
date of application if approval is not received for issuance of a certificate, unless the space is
under construction with a valid building permit and approvals cannot be made until work is
completed.
a. Buildings designed or proposed to be used as office buildings shall require one (1)
zoning certificate of use for each separate office tenant and one (1) for each commercial
activity contained therein. Each separate office tenant in existing office buildings not having
an individual certificate of use on the effective date of this section must obtain one (1) prior
to the renewal of its City of Miami local business tax receipt.
b. Apartment buildings, hotels, and other multiple -residential occupancies containing
three (3) or more units and occupied only by residential tenants shall require one (1) zoning
certificate of use per building.
c. Apartment buildings, hotels, and other residential occupancies containing commercial
tenants shall require additional zoning certificates of use for each commercial activity
contained therein.
d. Industrial buildings containing one (1) tenant shall require a single zoning certificate of
use.
e. Industrial and commercial buildings containing more than one (1) tenant shall require a
zoning certificate of use for each tenant.
f. Buildings with common areas including but not limited to hallways, elevators, and
lobbies, shall have a separate shell Certificate of Use.
(2) Upon the issuance of a zoning certificate of use for a building and/or premises, an annual
inspection schedule will be established and annual inspections will be conducted thereafter.
(3) Annual inspections will be conducted to determine that each building and/or premises
complies with the regulations established in the city zoning ordinance, building code, fire code,
health regulations, and such other regulations that may apply to the particular building or
premises.
(c) Annual reinspection of buildings and premises:
(1) Annual reinspection certificates will be issued, and each existing use and/or premises shall
be inspected annually to determine that it complies with the provisions of applicable ordinances
and regulations.
(2) The owner will be notified of any deficiencies noted, and appropriate reinspections may be
made to determine that the deficiencies have been corrected.
(3) With the exception of life -safety facilities (which may be from time to time required to be
upgraded by the provisions of the South Florida Building Code or the city Florida fire Prevention
code), only those regulations which were in effect at the time a particular occupancy or use was
established will be applicable.
(4) The invoice for the issuance of the annual reinspection certificate will be billed during the
fiscal year and said fees are herein fixed as follows:
a: Apartment building:
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3 12 dwelling units 53.00
13 50 dwelling units 74.00
Plus, per unit over 50 2.50
Hotel, motel, roominghouse:
3 12 rental sleeping units 53.00
13 50 rental sleeping units 74.00
Plus, per unit over 50 2.50
Commercial anal industrial huilrlingc used for.
1, Retail sales:
Not exceeding 500 square feet of floor area 42.00
Exceeding 500 square feet but le.s than 2,500 square feet of floor area 53.00
Exceeding 2 500 square feetet bi�esrs than F 000 square fc t of floor area
CC``,, 63.00
Exceeding F 0 000rnseere feet h� i��s then 'I F 0000 sg serec ft of floor area
74.00
CC``,,
Exceeding 1 F 000 ern care feet h� i��s—t.han 2F 000 sg care fc t of floor area
CC``,, 84.00
Exceeding 2F 0 000q suareet h� i�� fes than 50 0000rncearec ft of floor area
95.00
Exceeding 50,000 square feet of floor area 105.00
2 Wholesale and storage use:
Not exceeding 500 square feet of floor area 42.00
CE`xceeding 500 square feet but le.s than 2,500 square feet of floor area 53.00
Exceeding 2 0 500rn ceare feet h� i��s than F 0000rncearec ft of floor area
CC``,, 63.00
Exceeding F 000rnceare et h� i�� fe� than 1 F 000rncearec ft of floor area
0 0
74.00
CC``,,
Exceeding 1 F 000 square feet h� i��s—t.han 2F 000 ern care fc t of floor area
CC``,, 84.00
Exceeding 2F 000 erc n areet h� i�� fe� than 50 000 erc n arec t fof floor area
o �
95.00
Exceeding 50,000 square feet of floor area 105.00
3: Convenience stores 79.00
"Convenience stores," as used in this section, means any place of business that
is engaged in the retail sale of groceries, including the sale of prepared foods,
between the hours of 1000 n and 500 a m and that is attended during such
hours by one employee. The term "convenience store" does not includc a stoic
which is solely or primarily a restaurant. The term "convenience store" does not
include any store in which the owner and members of his family work in the store
between the hours of 1 0•00 n and 5•00 a m
Office building used for general office use:
1, Without merchandise on the premises:
Less than 500 square feet of floor area 42.00
Exceeding 500 square feet but le.s than 2,500 square feet of floor area 53.00
Exceeding 2 0 50r1 ern care et h� i�� fes than c F 000 ern are fe t of floor area
0
63.00
Exceeding F 000 i c sgare et h� i�� fe� than 1 F 000rncearec ft of floor area
0 0
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74.00
E—xceeding 1 F non square feet b� i��s—than 25 non square fc t of floor area
CC``,, 84.00
Exceeding 2F 7non square et feb� i ess than 50 onon squarec ft of floor area
95.00
Exceeding 50,000 square feet of floor area 105.00
`2 With combined sales of mer handise: Each retail or wholesale outlet will be
�YTCT� lTl"ITTT �. Q"fG��T-flT GTiQTJ�CGf T �QTfG�P�Ari
a.se.sed individually as previously provided for.
e: Manufacturing use:
Not exceeding 500 square feet of floor area 42.00
Exceeding 500 square feet but le.s than 2,500 square feet of floor area 53.00
Exceeding 2,500 square feet but le.s than 5,000 square feet of floor area 63.00
Exceeding 5,000 square feet but le.s than 15,000 square feet of floor area 74.00
Exceeding 15,000 square feet but le.s than 25,000 square feet of floor area 84.00
Exceeding 25,000 square feet but le.s than 50,000 square feet of floor area 95.00
Exceeding 50,000 square feet of floor area 105.00
f,
Not exceeding 20,000 square feet of site area 53.00
Exceeding 20,000 square feet of site area but le.s than 50,000 square feet of site
Exceeding 50,000 square feet of site area 105.00
/Imusemenf narks rdog franks and frontons including off-street parking areas and all
retail outlets located at principal building structure, minimum fee 263.00
#a, Arenas, dancehalls, pool halls and -bowling -lanes
Not exceeding 20,000 square feet of floor area 63.00
E—xceed n non square fee -of site area but less than 50 non square feet n or
area0-
Exceeding 50,000 square feet of site area 105.00
Theaters (live and film):
First 100 seating capacity 79.00
100 500 seating capacity 105.00
Plus, each seat over 500 2.00
t Private hospitals:
Not exceeding 100 beds 131.00
Plus, each bed over 100 1.75
I� Private schools (grades one through 12):
Not exceeding 10,000 square feet of floor area 79.00
E—xceeding 1 n non square feet b� i ess than 50 non square feet�t offlfl000rarea
105.00
Exceeding 50,000 square feet of floor area 131.00
acsccsed a fcc as provided for under "retail sales."
Marinas:
3 to 12 boatslips 53.00
12 to 50 boatslips 105.00
Plus per boatslip over 50 2.00
n- Resfauranfs ao„nges bars, takeout restaurants:
0 to 50 seats 79.00
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File Number: 12-00935 Enactment Number: 13347
51 to 100 seats 105.00
101 to 200 seats 131.00
Plus each seat over 200 1.75
o Pawnshops:
Not exceeding 1,000 square feet of floor area 79.00
Exceeding 1,000 square feet but le.s than 5,000 square feet of floor area 105.00
Exceeding 5,000 square feet of floor area 131.00
ay care centers and nursery schools:
Profit 105.00
Nonprofit 79.00
q: Community based residential facilities:
Profit 105.00
Nonprofit 79.00
Residential, other than Single -Family Residence and Two Family -Housing, as defined
by Miami 21:
1. Three (3) to twelve (12) units: 53.00
2. Thirteen (13) to fifty (50) units: 74.00
3. Each additional unit: 2.50
j) Lodging as defined by Miami 21:
1. First twelve (12) units or less: 53.00
2. Thirteen (13) to fifty (50) units: 74.00
3. Each additional unit: 2.50
Office as defined by Miami 21:
1. Less than 500 square feet: 42.00
2. 500 square feet or more but less than 2,500 square feet: 53.00
3. 2,500 square feet or more but less than 5,000 square feet: 63.00
4. 5,000 square feet or more but less than 15,000 square feet: 74.00
5. 15,000 square feet or more but less than 25,000 square feet: 84.00
6. 25,000 square feet or more but less than 50,000 square feet: 95.00
7. 50,000 square feet or more: 105.00
Commercial as defined by Miami 21:
1. Less than 500 square feet: 42.00
2. 500 square feet or more but less than 2,500 square feet: 53.00
3. 2,500 square feet or more but less than 5,000 square feet: 63.00
4. 5,000 square feet or more but less than 15,000 square feet: 74.00
5. 15,000 square feet or more but less than 25,000 square feet: 84.00
6. 25,000 square feet or more but less than 50,000 square feet: 95.00
7. 50,000 square feet or more: 105.00
Civic as defined by Miami 21: 79.00
fl Civil Support, other than hospitals, as defined by Miami 21:
1. Less than 20,000 square feet: 53.00
2. 20,000 square feet or more but less than 50,000 square feet: 63.00
3. 50,000 square feet or more: 105.00
(q) Hospitals:
1. 100 beds or less: 131.00
2. Each bed over 100: 1.75
Educational as defined by Miami 21:
1. Less than 10,000 square feet: 79.00
City of Miami
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2. 10,000 square feet or more but less than 50,000 square feet: 105.00
3. 50,000 square feet or more: 131.00
Industrial as defined by Miami 21:
1. Less than 500 square feet: 42.00
2. 500 square feet or more but less than 2,500 square feet: 53.00
3. 2,500 square feet or more but less than 5,000 square feet: 63.00
4. 5,000 square feet or more but less than 15,000 square feet: 74.00
5. 15,000 square feet or more but less than 25,000 square feet: 84.00
6. 25,000 square feet or more but less than 50,000 square feet: 95.00
7. 50,000 square feet or more: 105.00
f Miscellaneous. All uses not previously covered by this section shall be assessed a fee
as provided for under "Commercial," section (c)(4)(d).
(5) When a reinspection is required due to continued life safety violations after the second
inspection by the department of fire -rescue, there shall be charged a fee of $53.00.
(6) Any renewal fee specified in subsection (c)(4) above, which is not paid by the due date
specified, will be considered delinquent and assessed a penalty of ten percent (10%) of the
current renewal fee plus an additional five -percent (5%) penalty for each month of delinquency
thereafter, until paid. However, the total delinquency penalty shall not exceed 25 percent of the
certificate of use fee for any annual period.
(d) Fees for accessory use certificates.
(1) All persons desiring to use a residential building structure located within a residential zone
permittin a home ipation have a Home Office as defined in Miami 21 shall apply to the
planning, building and zoning department office for an accessory use certificate, which shall be
granted upon payment of an annual fee of 79.00 to the city and when issued shall be valid
through the following September 30. In instances where a person 65 years of age or over is
engaged in the conduct of home occupation, there shall be no required payment of an
accessory fee in conjunction with the issuance of an accessory use certificate or the subsequent
renewal of such certificate. All renewals of accessory use certificates shall be made on the
subsequent renewal of such certificate or before October 1 of each calendar year.
(2) Those owners of private pleasure craft and housebarges on the Miami River on October 24,
1991, which qualify under sections 941 and 2502 of zoning ordinance No 11 non shall apply to
the building and zoning department office for a housebarge/private pleasure craft accessory use
certificate, which subject to inspection and compliance with applicable regulations, shall be
granted upon the payment of an annual fee of $263.00; all required renewals shall be made on
or before January October 1 of each year hereafter.
(e) Zoning inspection.
(1) The City of Miami will provide, upon request of the owner or owner's agent, an on -site
inspection of properties within the City of Miami by the planning building and zoning Code
Compliance department to ascertain whether zoning violations openly exist on the real property.
(2) The following fee shall be paid prior to each such inspection for each Io4folio number:
zoning inspection fee, $84.00.
(3) A report on the results of each such inspection will be issued to the owner or owner's agent
and shall only constitute prima facie evidence of compliance/noncompliance with the city's
zoning ordinance and shall not be conclusive proof of compliance/noncompliance with said
zoning ordinance.
(4) Should a zoning violation be observed by a city zoning inspector during the course of an
on -site inspection, the property owner will be required to appear before the code enforcement
board of the City of Miami in regard to such violation no sooner than 30 days after said
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inspection, except as provided in Code section 2-814(c).
(f) There is hereby established a schedule of fees for reviewing plans on new construction and
inspecting new construction performed by the department of fire -rescue; except for single-family and
duplex residents:
(1) Minimum fee: —$ 53.00
(2) New building or additions:
Each 100 square feet or fractional part of floor area: 1.50
(3) New construction other than as specified herein: (Water towers, pylons, bulk storage -tank
foundations, seawalls, bulkheads, unusual limited -use buildings, freestanding rigid canopies,
marquees and similar construction.)
Each $1,000.00 of estimated cost or fractional part: 1.50
(4) Alterations and repairs to buildings and other structures:
Up to $1,000.00 of estimated cost or fractional part: 5.00
Each additional $1,000.00 of estimated cost or fractional part: 1.50
(5) Expedited pin reve service:
Reviews conducted by external entity: Actual cost plus 20 percent.
Reviews conducted internally: Per every four hours of review or fraction thereof:
263.00
* * * *If
par 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 thirty (30) days after final reading and adoption
thereof. {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.
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