HomeMy WebLinkAboutBack-Up from Law DeptSec. 13-5. - Definitions.
As used in this article, the following words and terms shall have the following meanings, unless another
meaning is plainly intended:
Affordable housing shall mean, solely for purposes of this article, owner -occupied and/or rental
housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts
established by the applicable standards as determined by the department of community and economic
development in relation to the affordable housing and workforce housing impact fee deferral program
provided for in this article.
Applicant shall mean the property owner, or duly designated agent of the property owner, of land on
which an application for a building permit is submitted and impact fees are due pursuant to this article, or
shall mean the property owner or duly designated agent of the property owner of land identified in a credit
agreement pursuant to subsection 13-16(e) where such property owner or agent is responsible for the
provision of system improvement(s).
Appropriation shall mean, for purposes of this article, funds identified in the capital budget related to a
system improvement.
Building permit shall mean the permit required for new construction and additions pursuant to this
Code. The term "building permit," as used herein, shall not be deemed to include permits required for
demolition of an existing structure. For purposes of this article, a building permit application shall be
considered complete and accepted by the city as of the date and time of original submittal if complete
building plans have been filed as prescribed by the city's zoning ordinance, as amended, and as specified
in a November 30, 2005 Memorandum regarding Building Permit Application from Jose L. Ferras, City
Building Official, to the Director of the City Building Department.
Capital budget shall mean the city's current fiscal year capital budget which is the first year of the six -
year capital improvements program and which identifies capital projects that are proposed to be initiated in
that fiscal year or to receive any changes in funding in that fiscal year.
Capital improvement program (CIP) shall mean the city's current six -year program of proposed capital
improvements which identifies all capital projects that are proposed to be initiated during the six -year period.
Capital improvement projects shall mean all projects for which funds are appropriated in the CIP.
Capital improvement projects, including, but not limited to, capital equipment, land, facilities and site
improvements, that are funded in whole or in part with impact fee funds must cost at least $13,000.00 and
have a useful life of at least five years.
Central business district means properties having the zoning classification of "CBD" (Central business
district) as of November 19, 2002.
City shall mean the City of Miami, Florida.
Commission shall mean the city commission of Miami, Florida.
Comprehensive plan shall mean the city's plan for future development adopted by city ordinance
number 10544, and as may be amended and updated from time to time, and any successor comprehensive
plan.
Development shall have the meaning given it in F.S. § 380.04, subject to exclusions contained herein.
Dwelling unit shall mean one or more interconnected rooms with a single kitchen facility and sanitary
facilities provided for the exclusive use of a single household. The term dwelling unit as used in this article
shall be deemed to include mobile home and manufactured home dwellings.
Fire -rescue system improvement means system improvements that add capacity to the city's fire and
rescue system, including facilities, fire suppression vehicles and equipment, and emergency medical
services vehicles and equipment.
Page 1
General Services System Improvement means system improvements that add capacity to the city's
administrative office space capital equipment and vehicle fleets for the following departments: Building,
code enforcement, NET, economic development, city attorney, CIP, GSA, information technology, parks,
public works and solid waste.
Governmental uses shall mean buildings or facilities owned and operated by the United States of
America or any agency thereof, a sovereign state or nation, the state or any agency thereof, a county, a
special district, a school district, a municipal corporation, or a charter school organized and approved as a
public school under F.S. § 228.056.
Gross floor area (GFA) shall mean the total square footage of a building measured in feet from the
exterior faces of exterior walls or other exterior boundaries of the building, excluding parking areas within
the interior of the building. If a site contains multiple buildings, the gross floor area shall be computed
separately for each building. The definition of gross floor area in the ITE Trip Generation Manual shall be
used to resolve any questions regarding calculation of gross floor area.
High rise residential development shall mean development of residential buildings with ten or more
dwelling units per building.
Impact fee shall mean a fee imposed at building permit issuance and calculated based upon a new
developments proportionate share of the average cost of new development.
Impact fee coefficient shall mean the charge per square foot of development applicable to development
for which a building permit application is submitted to and accepted as complete by the city prior to 5:00
p.m. on January 15, 2006 and imposed pursuant to section 13-7 and sections 13-22 through 13-27.
ITE Trip Generation Manual shall mean and refer to the report entitled "Trip Generation" (Seventh
Edition, 2003) of the Institute of Transportation Engineers, and any official updates thereto, as approved
and accepted by the city.
Low rise residential development shall mean development of residential buildings with two to nine
dwelling units per building.
New development shall mean the carrying out of any building activity or the making of any material
change in the use of a structure or land that requires the issuance of a building permit and which generates
demand for capital facilities and equipment over and above the previously existing documented use of the
structure or land, but excluding governmental uses and deminimis development under section 13-6.
Nonresidential development shall mean all new development other than residential development and
governmental uses, as herein defined, and including, but not limited to, industrial, manufacturing,
warehousing, mini -warehousing, lodging, schools and daycare, hospital, nursing home, general office,
medical -dental office, business park, and commercial uses, and which includes those uses specified in the
ITE Trip Generation Manual under Land Use Code Series 100, 300, 400, 500, 600, 700, 800 and 900.
Owner -occupied units means dwelling units for individual sale by a developer and intended for
occupancy by an owner, as opposed to rental residential development.
Parks and recreation system improvement means land, capital improvements, capital facilities, and
capital equipment that add capacity to the city-wide park system, waterfront park system or public
pools/gymnasiums, including but not limited to improvements to city-wide parks that will enhance and/or
expand park use to all residents, site improvements that encourage self -directed use of passive parks, and
recreation based improvements that enhance community parks and allow expansion of programming led
by the parks department. Capital improvements can include, but are not limited to, new playground
equipment; ball fields for league play; swimming pools and buildings used for recreation programs; site
furnishings such as benches, picnic tables, and shade structures; and program equipment such as
computers, water sport equipment, soccer goals, and fitness equipment. City-wide parks include those
parks that have capital improvements that draw patrons from the entire geographic area of the city, including
but not limited to, ball fields used for league play, swimming pools, and buildings used for recreation
programs. Waterfront parks are city-wide parks, generally passive recreation areas, which provide public
access to the bay, the Miami River and other bodies of water, including linear improvements or trails that
connect waterfront parks.
Page 2
Police system improvement means land, capital improvements, capital facilities, and capital equipment
that add capacity to the city's police system.
Rental residential development shall mean dwelling units intended for long-term rental occupancy, as
opposed to short-term rentals such as hotel/motel development.
Single-family residential development shall mean development of detached buildings with one dwelling
unit per building intended for occupancy by a single household.
System improvements shall mean capital improvement projects in the CIP, with a cost of at least
$13,000.00 and a useful life of at least five years, that provide additional capacity serving multiple
development projects, multiple neighborhoods or the entire city. System improvements may include, but
are not limited to, land, facilities, site improvements, furnishings, park program equipment, capital
equipment, and vehicles. System improvements shall not include property dedications, capital facilities or
capital equipment needed solely to serve a specific development. System improvements shall not include
replacement, rehabilitation, operations or maintenance of land, facilities or equipment.
System improvement cost shall mean amounts spent or appropriated in connection with the planning,
financing, acquisition, construction and development of a system improvement including, without limitation,
the costs of land acquisition and development, surveying, site testing, construction, design, engineering,
construction management and inspection, permitting, legal services, financial services and administrative
costs. Ancillary improvements directly related to a system improvement, including but not limited to, parking,
drainage improvements, landscaping, and capital equipment and furnishings shall be considered part of
the cost of the system improvement. System improvement costs shall not include costs related to
operations, maintenance, rehabilitation or replacement of capital facilities or equipment.
Site shall mean a legally described property capable of development pursuant to applicable city
ordinances and regulations.
Workforce housing shall mean, solely for purposes of this article, owner -occupied and/or rental
housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts
established by the applicable standards for those individuals whose income is between 80 percent to 140
percent of area median income as determined by the department of community and economic development
in relation to the affordable housing and workforce housing impact fee deferral program provided for in this
article.
(Ord. No. 12750, § 2, 12-15-05; Ord. No. 12929, § 2, 7-10-07; Ord. No. 13475, § 2, 7-24-14;
Ord. No. 13564, § 1, 10-22-15)
Page 3
Sec. 13-6. - Applicability of impact fee.
This article shall be uniformly applicable to all new development, and the appropriate impact fees shall
be collected prior to issuance of a building permit except where a building permit is issued for:
(1) Additions, remodels, rehabilitation or other improvements to an existing structure and
reconstruction of a demolished structure which result in:
a. Net increase of less than 1,000 square feet for a nonresidential structure which development
is deemed to have a deminimis impact on the need for pubic facility capacity, or
b. No net increase in the number of residential dwelling units for residential structures.
(2) Any development which is a government -owned and -operated facility.
(3) Any development of regional impact (DRI) (excluding the downtown DRI and the Southeast
Overtown/Park West area -wide DRI), for which a development order has been issued by the city
before the effective date of this chapter, providing that the building permit for such DRI is obtained
within 15 months of the initial effective date of this chapter.
(Ord. No. 12750, § 2, 12-15-05)
Page 1