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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 Page 1 of 3 File Id: 13-00756 (Version: 11 Printed On: 9/5/2017 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: City of Miami Page 2 of 3 File Id: 13-00756 (Version: 11 Printed On: 9/5/2017 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. City of Miami Page 3 of 3 File Id: 13-00756 (Version: 11 Printed On: 9/5/2017