HomeMy WebLinkAboutO-13401City of Miami
Legislation
Ordinance: 13401
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00756 Final Action Date: 7/25/2013
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION
55-10, ENTITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS;
EXCEPTIONS", TO ALLOW CONSTRUCTION OF SINGLE FAMILY HOMES ON
LOT(S) OF RECORD THAT HAVE BEEN SUBDIVIDED INTO REMNANT LOTS
UPON REVIEW BY THE PLAT AND STREET COMMITTEE, SUBJECT TO
COMPLIANCE WITH MIAMI 21; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") desires to facilitate the development of single family homes
in residential districts where platted lot(s) of record have been subdivided into remnant lot(s) where
such remnant lots allow for a development of an otherwise compliant single family home; 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"), 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 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.
(a) No building, paving, remodeling or renovation permits shall be issued for any structure, or other
on -site improvements, on any land for which a plat has not been recorded in the public records of the
county or on a lot of record that has been divided into separate parcels, except as hereinafter
provided.
City of Miami
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File Number: 13-00756 Enactment Number: 13401
(b) No complete, partial or temporary certificate of use and/or occupancy shall be issued by the city
for any structure on any lot in the subdivision unless or until all of the required subdivision
improvements are completed.
(c) A building, remodeling or renovation permit may be issued for constructing, remodeling or
renovating a one -family detached dwelling and customary accessory buildings on a parcel of
unplatted land or on a lot of record that has been divided into separate parcels, if proof is submitted
that said unplatted parcel was described by deed prior to September 25, 1946, or said division of lot
was approved under zoning regulations in effect prior to June 27, 1983. A one -family detached
dwelling and customary accessory building on a lot, or lots of record that has been divided in
separate parcels may obtain a building permit for such lot(s) upon review and approval by the Plat
and Street Committee, providing the lot(s) are in compliance with the lot size requirements set forth in
the Miami 21 Code, or any successor land development regulations of the City. The Plat and Street
Committee shall review the lot(s) of record and confirm that the construction of a one -family detached
dwelling is able to be built on such lot(s) of record in compliance with the City Code and Miami 21
Code, or any successor land development regulation of the City . Further provided that any necessary
right-of-way be dedicated and a covenant be executed to comply with requirements of the Code
concerning street improvements.
(d) A permit may be issued for the repair, remodeling or renovation of a conforming or nonconforming
building (other than a one -family detached dwelling and customary accessory buildings), structure or
parking lot on a parcel of unplatted land or on a lot of record that has been divided into separate
parcels, if proof is submitted that said unplatted parcel was described by deed prior to September 25,
1946, or that said division of lot was approved under zoning regulations in effect prior to June 27,
1983. Said permit will be for ordinary repairs, remodeling or renovation, for repairs or replacement of
nonbearing walls (or of bearing walls where necessary for structural safety), fixtures, wiring or
plumbing to an extent not exceeding those applicable provisions of Ordinance No. 11000 Miami 21,
as amended, and/or the South Florida Building Code, whichever is more restrictive.
(e) A building permit may be issued for construction of a building (other than a one -family detached
dwelling and customary accessory building), structure or parking lot on a lot, or lots, of record that has
been divided into separate parcels, if proof is submitted that said division was described by deed prior
to September 25, 1946, or that said division was approved under zoning regulations in effect prior to
June 27, 1983.
*II
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. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
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File Number: 13-00756 Enactment Number: 13401
{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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