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Agenda Item - PW- R-O-W Deeds
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 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 pennits described above.
(b)
Upon written request by applicant for a determination that the proposed construction of a new building or
structure or change of use, or expansion will not burden the city services, including adjacent streets, director
shall have the authority to waive the required dedication or, if he does not so waive the dedication, director shall
convene, within 30 days after receipt of written request from applicant, a meeting of a review committee which
shall be comprised of the director of public works, the director of the department of planning, building and
zoning and an assistant city manager. The applicant shall have the right to present its position to the review
committee which shall review director's refusal to grant the waiver of dedication. The committee, acting by
majority vote, shall either affirm the director's refusal or reverse its refusal and grant the requested waiver of
dedication. The committee shall, in determining whether director's refusal was reasonable, determine whether
the proposed construction of a new building or structure or change of use or expansion will burden city services,
including the adjacent street(s). The decision of this committee, which shall be rendered within 30 days after
conclusion of the hearing, shall be final.
(Ord. No. 9966, § 1, 3-21-85; Ord. No. 10279, § 2, 6-11-87; Ord. No. 10898, § 1, 7-11-91; Code 1980, § 54-47;
Ord. No. 13308, § 2, 2-9-12)
Rafael Suarez -Rivas, Senior Assistant City Attorney
Division Chief, Land Use/Transactional Division
Board Certified, City, County and
Local Government Law
City of Miami Office of the City Attorney
Telephone: 305-416-1818
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Facsimile: 305-416-1801
rsuarez-rivas(Wmiamigov.com
Peer Review Rated
Aida Garcia, Litigation Assistant, (305)416-1815
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3/10/2015 M unlcode
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 Tying 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 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
Tying 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.
Upon written request by applicant for a determination that the proposed construction of a new
building or structure or change of use, or expansion will not burden the city services, including
adjacent streets, director shall have the authority to waive the required dedication or, if he
does not so waive the dedication, director shall convene, within 30 days after receipt of written
request from applicant, a meeting of a review committee which shall be comprised of the
director of public works, the director of the department of planning, building and zoning and an
assistant city manager. The applicant shall have the right to present its position to the review
committee which shall review director's refusal to grant the waiver of dedication. The
committee, acting by majority vote, shall either affirm the director's refusal or reverse its
refusal and grant the requested waiver of dedication. The committee shall, in determining
whether director's refusal was reasonable, determine whether the proposed construction of a
new building or structure or change of use or expansion will burden city services, including the
adjacent street(s). The decision of this committee, which shall be rendered within 30 days
after conclusion of the hearing, shall be final.
(Ord. No. 9966, § 1, 3-21-85; Ord. No. 10279, § 2, 6-11-87; Ord. No. 10898, § 1, 7-11-91; Code 1980, § 54-47; Ord.
No. 13308, § 2, 2-9-12)
(b)
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