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HomeMy WebLinkAboutAgenda Item Summary Form AGENDA ITEM SUMMARY FORM File ID:#17629 Date:05/09/2025Requesting Department:Office of Zoning Commission Meeting Date: 05/22/2025Sponsored By: Type:OrdinanceDistrict Impacted: Subject:Amend Code - Chapter 2 - Ancillary Dwelling Units (ADUs) Compliance PURPOSE OF ITEM: To introduce registration and compliance requirements for Ancillary Dwelling Units (ADUs) and an associated amnesty program for existing ADUs. BACKGROUND INFORMATION: To establish Ancillary Dwelling Unit (ADU) compliance, to introduce registration and compliance requirements for ancillary dwelling units; and by amending the Code Relief existing ancillary dwelling units. Budget Impact Analysis Item is Related to Revenue Total Fiscal Impact: N/A Reviewed By City CommissionMaricarmen LopezMeetingCompleted05/22/2025 9:00 AM Department of Planning and ZoningTamara FrostDepartment Head ReviewCompleted05/28/2025 4:56 PM Office of Management and BudgetFred PericlesBudget Analyst ReviewCompleted05/29/2025 10:03 AM Office of Management and BudgetMarie GouinBudget ReviewCompleted05/29/2025 1:20 PM Asael MarreroAssistance City ManagerCompleted05/30/2025 9:15 AM Natasha Colebrook-WilliamsDeputy City ManagerCompleted06/03/2025 11:33 AM Legislative DivisionValentin J AlvarezLegislative Division ReviewCompleted06/03/2025 4:56 PM Arthur Noriega VCity Manager ReviewCompleted06/03/2025 5:59 PM Office of the City AttorneyAmber KettererACA ReviewCompleted06/03/2025 7:42 PM Office of the City AttorneyGeorge K. Wysong IIIApproved Form and CorrectnessCompleted06/03/2025 7:44 PM City CommissionTodd B. HannonMeetingPending06/12/2025 9:00 AM City of MiamiFile ID: 17629 (Revision: ) Printed On: 6/6/2025 City Hall City of Miami 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Ordinance Enactment Number File Number: 17629Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND -214, TITLED REGISTRATION AND COMPLIANCE REQUIREMENTS FOR ANCILLARY DWELLING UNITS; FURTHER AMENDING CHAPTER 10/ARTICLE V, SECTION 10-77, TITLED "ACCESSORY DWELLING UNIT (ADU) ANCILLARY DWELLING UNITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,AncillaryDwellingUnitscreateopportunitiesforadditionalhousing, but require a compliance process to ensure regulations followed and to maintain predominately permanent housing within the single-family neighborhoods; and WHEREAS,theCityofMiamiwishestointroducearobustcomplianceprocedure for the construction and ongoing use of ADUs; and WHEREAS, theCity alsowishestointroduceaprocedure intotheCodeoftheCityof Ordinance No. 13114,the ZoningOrdinance ofthe CityofMiami, Florida, asamended, 21 2025, following an advertised hearing, adopted Resolution No. PZAB-25-025 by a vote of ten to zero (10-0), recommending approval of this City Code amendment to the City Commission; and WHEREAS, consideration was given to the goals, objectives and policies of the Miami ComprehensiveNeighborhoodPlantheMiami21Code,andallotherCityregulations; and WHEREAS, consideration was given to the need and justification for the proposed amendment,includingchangedorchangingconditionsthatmakethepassageoftheproposed change necessary; NOW,THEREFORE,BEITORDAINEDBYTHECITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section1.TherecitalsandfindingscontainedinthePreambletothisOrdinanceare adopted by reference and incorporated as fully set forth in this Section. Section 2.Chapter 2, Article IV, Division 2 of the City Code is hereby amended in the City of MiamiFile ID: 17629 (Revision: ) Printed On: 6/6/2025 1 following particulars: 2. ADMINISTRATION * * * ARTICLE IV. DEPARTMENTS * * * DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT * * * Sec. 2-214 2-230. Reserved Ancillary Dwelling Unit (ADU) Compliance. * * * a) Registration Process for Rented ADUs (1) Registration Requirements. I. In order to rent an ADU, the property owner or their authorized agent shall obtain: i. An approved building permit, including a notarized Owner Disclosure ii. An approved of Occupancy and iii. An approved Registration (2) Initial Registration Process. I. At the time of Building Permit, the property owner or their authorized agent shall submit a notarized Owner Disclosure to the Office of Zoning. The Statement describes the terms of the ADU program, owner responsibilities, and rental provisions. i. Structures that were legally permitted prior to the establishment of this ordinance and are intended to be rented ADUs shall provide the Disclosure Statement at registration. ii. If a change in ownership occurs, the new owner or authorized agent will be II. Once a valid of Occupancy been obtained, the property owner or their authorized agent shall, prior to renting, register the ADU with the Office of Zoning and obtain an Registration III. The property owner or their authorized agent shall provide proof of homestead exemption for the property. IV. The registration process shall include a virtual or physical inspection of the ADU for compliance with any applicable Codes and regulations. (3) Annual Renewal Process 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. City of Miami File ID: 17629 (Revision: ) Printed On: 6/6/2025 I. The Registration shall be renewed on an annual basis. II. As part of the renewal process, the property owner or their authorized agent shall provide proof of current homestead exemption for the property. III. The renewal process shall include a virtual or physical inspection of the ADU for compliance with any applicable Codes and regulations. IV. The Office of Zoning shall have the authority to revoke any Registration if there is evidence of non-compliance with the provisions of this section or the Miami 21 Zoning Code or failure to pay the associated fee. b) Homestead Exemption Requirement. (1) Homestead means the property is designated as the primary residence of the owner and qualifies for a Homestead Exemption under Florida law. (2) If Homestead status lapses or changes, the property owner shall notify the Office of Zoning within thirty (30) days. Failure to maintain or disclose changes in Homestead status may result in denial or revocation of the ADU Registration Certificate and/or shall result in a violation of the Miami 21 Zoning Ordinance and penalties applied to the property pursuant to Article X of Chapter 2 of the City Code. c) Predominately Permanent Housing. (1) In accordance with the provision stated in the Miami 21 Zoning Code, ADUs shall only be used as predominately permanent housing. d) Time periods. (1) An Registration remains valid for the fiscal year in which it is issued unless otherwise stated in the provisions of this section. (2) An application for an Registration shall expire 90 business days after submission, if not approved. An application may continue beyond 90 days if a valid building permit with an active process number is submitted to address any deficiencies found at the time of inspection. In such cases, the period may extend until work is completed. Applications without a permit shall be deemed abandoned and require reapplication with all necessary fees. (3) Registration renewals are issued at the start of the fiscal year. e) Inspections. (1) General Requirements. I. All initial ADU registration applications and annual renewals shall include an inspection to ensure ongoing compliance with applicable regulations. II. The purpose of the inspection is to verify compliance with the ADU standards as set forth in the Miami 21 Zoning Ordinance and other applicable codes. III. The inspection shall include a virtual assessment of the interior and exterior of the ADU, or alternatively, an in-person inspection at the request of the City. (2) Annual Renewal Inspection Requirements. I. Annual inspections shall be completed within eight (8) months of the most a recently renewed ADU Registration Certificate. II. It shall be the responsibility of the property owner to ensure that the inspection is completed within the required timeframe. City of Miami File ID: 17629 (Revision: ) Printed On: 6/6/2025 III. Failure to complete the annual inspection may result in the expiration or revocation of the ADU Registration Certificate and may result in a violation of the Miami 21 Zoning Ordinance. (3) Notification of Deficiencies and Re-inspection. I. In the event the property fails an inspection, the property owner or authorized agent shall be provided with a notice of deficiency. II. The owner shall have sixty (60) days from the date of the notice to correct all deficiencies and schedule a re-inspection. If a valid building permit has been applied for and an active process number has been issued to address the deficiencies, the sixty (60) day period may be extended until the permitted work is completed and finalized. III. Re-inspections shall be subject to the applicable reinspection fees as outlined in this Section. No more than three (3) re-inspections shall be permitted. If, after the third re-inspection, the property remains noncompliant, the application shall be administratively closed, and any pending renewal of the Registration IV. The property owner or authorized agent shall be required to submit a new application and pay all associated fees in order to start a new registration process. f) Fees. (1) The following fees are hereby established: I. Initial Registration and Inspection: $300 II. Annual Renewal and Inspection: $250 III. Subsequent Re-inspections: $75 (2) Fees shall be paid prior to inspection for each ADU. (3) Properties which are found to be operating an ADU without an approved ADU Registration Certificate shall be subject to double the fees specified as well as a violation of the Miami 21 Zoning Code. g) Denials and Revocations. The Zoning Administrator may deny the initial registration or subsequent renewals, or revoke an ADU Registration Certificate at any time for any of the following reasons: (1) Failure to comply with the Miami 21 Zoning Code or the requirements of the City Code related to ADUs. (Property owners must remain up to date with the registration process and requirements of the City Code, the Miami 21 Zoning Code standards, and any other associated regulations). (2) The property owner or authorized agent fails to provide access to the premises for a requested inspection within the required time. (3) The property has lost its Homestead Status but the owner continues to rent the ADU. (4) The ADU is rented as transient or temporary lodging if it is not used as predominately permanent housing. (5) The applicant provided a materially false statement or supporting evidence in the ADU initial registration or renewal process. City of Miami File ID: 17629 (Revision: ) Printed On: 6/6/2025 (6) If there is an order to demolish the structure by the Unsafe Structure Panel or it is determined by the Building Official or Designee that there is actual or immediate danger of failure or collapse of a structure, the Building Official or Designee shall refer the violation to Zoning. Zoning shall then initiate the revocation of any active ADU Registration Certificate(s) and deny any subsequent ADU Registration Certificate until such time as the violation has been rectified. (7) Failure to register, renew, or maintain or disclose changes in status may result in denial or revocation of the ADU Registration Certificate and/or shall result in a violation of the Miami 21 Zoning Ordinance. h) Appeals. (1) If an ADU Registration Certificate is denied or revoked, the owner or authorized agent may file an appeal with the Office of Hearing Boards within 15 days of the decision. (2) The appeal shall be heard at the next available regular meeting of the Planning, Zoning and Appeals Board The decision of the PZAB regarding an ADU Registration Certificate may be appealed to the City Commission by an applicant; an aggrieved party who resides, occupies, or owns property within 500 feet of the affected property; or the Planning Department and Office of Zoning. (3) Revocation shall be effective upon written notice to the property owner and shall remain in effect until all violations are corrected and the owner or authorized agent submits a new application and pays all associated fees in order to reinitiate the registration process. i) Enforcement. Any violation of this Section shall be subject to enforcement proceedings as provided for in Chapter 2, Article X of the City Code. No one method of enforcement shall preclude another. Sec. 2-215 2-230. Reserved. Section 3. Chapter 10, Article V of the City Code is hereby amended in the following 1 particulars: 10. BUILDINGS * * * ARTICLE V. CODE RELIEF PROGRAM * * * Sec. 10-77 10-100. Reserved Ancillary Dwelling Unit (ADU) Amnesty Program. a) Definitions. ADU Amnesty Program means a program pursuant to this article concerned with the legalization of ADUs. b) Purpose and Intent. The ADU Amnesty Program outlines a procedure for bringing properties into compliance with the Miami 21 Zoning Code relating to the construction and operation of an ADU. The program offers a pathway, including the relaxation of fees and fines related to unpermitted work or illegal ADU conversions. c) Applicability. This program applies to properties with existing code violations. It also City of Miami File ID: 17629 (Revision: ) Printed On: 6/6/2025 allows forpropertiesthathavenotreceivedaviolationtovoluntarilydisclosepotential issuesandto come into compliance. d)Procedure. (1)Pre-SubmittalMeetingwiththeOfficeofZoning(Optional). I.Approvalofunpermittedworkisnotguaranteed,noristheconstructionof anADU assured. II.Before submitting a building permit application, the applicant may schedule a meetingwiththeOfficeofZoningtoreviewthefeasibilityof legalizingtheexisting ADU on the property. (2)InitialRegistrationProcess:TheADU AmnestyProgramshallthenfollowthe stepsoutlined as described in Sec. 2- the City Code. (3)BuildingPermitFees: Section 10-4. e)Non-Compliance.Non-compliancewiththetermsandproceduresoutlinedherewill leadto the property's removal from the ADU Amnesty Program and shall be subject to applicable Code Compliance procedures. f)Fees. I.Pre-submittalMeeting:$250. Sec.10-78 10-100.Reserved. Section 4. Ifanysection,partofasection,paragraph,clause,phrase,orwordofthis Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. 2 Section5. This Ordinance shall become effective ten (10) days after adoption. APPROVED AS TO FORM AND CORRECTNESS: 2 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. City of MiamiFile ID: 17629 (Revision: ) Printed On: 6/6/2025