HomeMy WebLinkAboutO-13951City of Miami
Ordinance 13951
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8347 Final Action Date: 12/10/2020
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER
10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "BUILDINGS/IN GENERAL," BY PROVIDING FOR
DEFINITIONS AND EXEMPTIONS FROM CERTAIN TEMPORARY
CERTIFICATION OF OCCUPANCY FEES FOR INCOME RESTRICTED
DEVELOPMENT UNITS; CONTAINING A SEVER ABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Jeffrey Watson
WHEREAS, pursuant to the Code of the City of Miami, Florida, as amended ("City
Code"), Affordable Housing Development and Workforce Housing are defined as "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 thirty percent (30%) to eighty percent (80%) of the Area
Median Income (`AMI') as published annually by the United States Department of Housing and
Urban Development ('HUD')"; and
WHEREAS, the City of Miami's ("City") "draft" Affordable Housing Master Plan notes the
City is the most unaffordable city of its size in the nation with an affordable housing unit shortfall
of 69,464; and
WHEREAS, sixty-two percent (62%) of the affordable housing units were built before
1980 and as a result of the aging housing inventory and market conditions, an estimated 1,200
affordable housing units are lost each year; and
WHEREAS, there are a multitude of other income restrictive housing and commercial
projects providing avenues for those of lesser income; and
WHEREAS, to offset the annual decline in affordable housing units, the City will need to
preserve and construct approximately 32,000 affordable housing units over the next ten (10)
years; and
WHEREAS, given the City's shortage of Income Restricted units and potential
construction delays that occur outside the control of developers, Temporary Certification of
Occupancy ("TCO") often need to be extended a number of times; and
WHEREAS, currently, Section 10-4(3)(i)(3) of the City Code provides for extensions of
TCO's two (2) times from the original date for a period of ninety (90) days each and any further
extension of time would require a fee equal to fifty percent (50%) of the "building/trade" permit
line; and
City of Miami Page 1 of 4 File ID: 8347 (Revision:) Printed On: 5/13/2025
File ID: 8347 Enactment Number: 13951
WHEREAS, the fees beyond two (2) TCO extensions for a project that includes Income
Restricted units and may jeopardize the financial viability of a project; and
WHEREAS, it is in the best interest of the City and its residents to allow for a reasonable
exemption for Income Restricted projects that have been certified by the City and that also have
a recorded covenant as regarding Income Restricted units; and
WHEREAS, the novel coronavirus pandemic has caused unprecedented job and
business losses in the City and created an even more urgent need to provide more avenues for
housing for those in need of Income Restricted units to ensure the health, safety, and welfare of
the residents of the City; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission
finds that this emergency ordinance is necessary on the grounds of an urgent need for the
continuity of services for City residents and for the preservation of health, safety, welfare, or
property of the public; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Ordinance to be of an emergency nature;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the City Code is amended in the follow particulars:1
"CHAPTER 10"
IN -GENERAL
Sec. 10-4(a) — Building permit fee schedule.
(a) Definitions.
Affordable housing development is 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 30
percent to 80 percent of the area median income as published annually by the United States
Department of Housing and Urban Development ("HUD").
Community redevelopment agency is a public entity created pursuant to F.S. § 163.356,
as amended.
Dry run is defined as the process of plans signed and sealed by the design team
submitted for building permit but with a building permit application without having a contractor.
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.
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File ID: 8347 Enactment Number: 13951
Income Restricted Units is a project whose development or refurbishment has resulted and
benefited, in whole or in part, from any of the City's programs for low income, affordable, or
workforce housing and are accordingly restricted by the requisite covenant(s).
Master permit is a building permit obtained for the complete work on any project.
Private provider means a person who can provide alternate plans review under F.S. §
553.791 and is licensed as an engineer under F.S. ch. 471 or as an architect under F.S. ch.
481, as amended.
Stand-alone permit is any trade (electrical, mechanical or plumbing) permit pulled for a
single category without the need for a master permit.
Trade permit is a subsidiary building, electrical, mechanical or plumbing permit that
requires a master permit associated with it to be pulled prior to issuance.
Up -front fee is the fee associated and charged at the time of submittal of a set of plans
and building permit application.
Workforce housing development is 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 the area median income as published annually by HUD.
Sec. 10-4(b)(3) Miscellaneous Permits and Inspections Fees.
(i) Certificate of occupancy (C.O.) and certificate of compliance (C.C.). In accordance with
the requirements of the Florida Building Code.
1. Residential (single family/duplex, triplex or multifamily condominium): $105.00 per unit.
2. Commercial (including multifamily rentals): $0.10 per square feet of space with a minimum
of $250.00 for a C.O. and $150.00 for a C.C.
3. Extensions of T.C.O. or T.C.C.: The T.C.O. or T.C.C. can be cxtcndcd two timcs at the
same original rate charged for a period of 90 days; if further extensions would be required,
they shall be charged at a rate equal to 50 percent of the building/trade permit line. extension
can be requested through the Building Official or Designee. Any extensions shall be charged
as follows:
A. First Request: May request an extension of up to two hundred seventy (270)
days in ninety (90) day increments. The cost per square foot shall increase by $.10 per
ninety (90) days for Commercial properties or $105.00 per ninety (90) days for Residential
properties;
B. Second Request: May request an extension of up to two hundred seventy
(270) days in ninety (90) day increments. The cost per square foot shall increase by $.10 per
ninety (90) days for Commercial properties or $105.00 per ninety (90) days for Residential
properties;
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File ID: 8347 Enactment Number: 13951
C. Third Request: May request an extension of up to two hundred seventy (270)
days in ninety (90) day increments. The cost shall be charged at a rate equal to fifty percent
(50%) of the building/trade permit line.
D. Exemption. Income Restricted Units certified by the City with a recorded
covenant may be exempted from the additional permit fee charged beyond the second time
pursuant to this Section by the City Manager or Designee based upon a showing that all
permits are currently active and/or no prior permit and/or code violations have occurred at
the project site. The exemption shall only be allowed for the applicable Income Restricted
Units.
Should an exemption to the fee be granted, it may be renewed for the
extension times as provided for in Section 10-4(3)(i).
ii. The exemption from the additional fee charged beyond the second
time is retroactive to any active permit for a qualifying Income
Restricted Unit.
4. For projects qualifying as a phased project as defined in Section 55-1 of the City Code, the
T.C.O. may be issued as follows:
A. T.C.O. may be issued for an initial period of 365 days at the original rate charged;
B. T.C.O. may be extended for an additional 365 days at the same original rate
charged;
C. T.C.O. may be extended a second time for an additional 180 days at double the
original rate charged; and
D. T.C.O. may be extended a third and final time for an additional 180 days at a rate
equal to 50 percent of the building/trade permit line.
*„
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 after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
sndez, City Httor
ey 12/16/2020
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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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