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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00992 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAL", TO AMEND SECTION 10-5,
ENTITLED "WAIVER AND DEFERRAL OF FEES AND SENIOR CITIZENS WAIVER",
TO DEFER BUILDING PERMIT FEES FOR ADULT DAY CARE FACILITIES;
FURTHER AMENDING CHAPTER 13/ARTICLE I OF THE CITY CODE, ENTITLED
"DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL", TO
AMEND SECTION 13-16, ENTITLED "ADMINISTRATIVE PROCEDURES FOR
PETITIONS FOR IMPACT FEE DETERMINATIONS AND AFFORDABLE HOUSING
AND WORKFORCE HOUSING DEFERRALS, REFUNDS AND CREDITS", TO
DEFER IMPACT FEES FOR ADULT DAY CARE FACILITIES; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 10 of the Code of the City of Miami, Florida, as amended ("City Code"),
entitled "Waiver and deferral of fees and senior citizens waiver", allows for deferral of particular
building permit fees in certain limited circumstances; and
WHEREAS, Chapter 13 of the City Code, entitled "Administrative procedures for petitions for
impact fee determinations and affordable housing and workforce housing deferrals, refunds and
credits", requires inter alia, the payment of impact fees for new development and allows for deferral of
impact fees in certain limited circumstances; and
WHEREAS, the City Commission wishes to incentivize the creation of Adult Day Care facilities
to serve the segment of the City of Miami's ("City") population that requires said facilities; and
WHEREAS, allowing the deferral of building permit and impact fees for Adult Day Care
facilities will incentivize the construction of the same by lowering the barrier of entry for new
development of these facilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 10/Article I of the City Code, entitled "Buildings/In General", is amended in
the following particulars: {1}
"CHAPTER 10
BUILDINGS
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File Number: 16-00992
ARTICLE I. IN GENERAL
Sec. 10-5. Waiver and deferral of fees and senior citizens waiver.
(d) The City Manager, or his/her designee, is authorized and shall, upon a properly submitted
application that meets all applicable requirements, defer those fees required pursuant to this
Article, except for those surcharges listed in Sections 10-4(b)(2) of the City Code, and those
applicable impact fees listed in Chapter 13 of the City Code for Adult Day Care facilities, as
defined in the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended
("Miami 21 Code"), that are licensed by the Florida Agency for Healthcare Administration as an
"Adult Day Care Center" pursuant to Section 429.901(1) Florida Statutes, as determined by
the Department of Planning and Zoning. Adult Day Care Centers exempt from licensure
pursuant to Section 429.905 Florida Statutes, shall not be eligible for fee deferral under this
Section. Applicants for such deferrals shall utilize the same petition process and covenant
requirement as the impact fee deferral program described in Sections 13-8 and 13-16 of the
City Code. The fees deferred pursuant to this Article shall remain deferred so long as the
property is used as an Adult Day Care Center and maintains licensure for the same under
Chapter 429 Florida Statutes. Fees deferred under this Section shall be due and payable for
those properties that no longer qualify as an Adult Day Care Center as determined by the
Department of Planning and Zoning. The covenant required by this Section shall at a
minimum:
LD Run with the land;
(2) Clearly explain the rights and obligations of building owner(s) to maintain the same as an
Adult Day Care Center; and
(3) Provide remedies for the City to secure the owners obligations under this Section.
(de) Each development department will track the amount of permit fees and charges affected by
this exemption each fiscal year. The general fund shall reimburse each of the development
departments the amount of permit fees and charges exempted as part of the following fiscal
year's budget.
(ef)This subsection is not intended to waive any permit fees or charges assessed by the departments
of the state, the county or federal government.
*11
Section 3. Chapter 13/Article I of the City Code entitled "Development Impact and Other
Related Fees/In General", is amended in the following particulars: {1}
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File Number: 16-00992
"CHAPTER 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE I. IN GENERAL
* * * *
Sec. 13-16. Administrative procedures for petitions for impact fee determinations, and affordable
housing and workforce housing deferrals, refunds and credits.
(a) Petition process.
(1) Petitions for an impact fee determination, and affordable housing or workforce housing
impact fee deferral, Adult Day Care Center building permit and impact fee deferral, refund of
impact fees and/or credit against impact fees shall be submitted using the petition process,
requirements and time limits provided herein. All petition requests except petitions for refunds
under subsections (c) and (d), shall be accompanied by a fee of $250.00. Any officer
department board commission or agency of the city (collectively referred to as city "entities")
submitting a petition shall not be required to pay said fee.
*11
Section 4. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor. {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
(10) 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 or upon the
effective date stated herein, whichever is later.
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