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HomeMy WebLinkAboutO-14415City of Miami Ordinance 14415 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18318 Final Action Date: 11/20/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I, TITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), SPECIFICALLY BY AMENDING SECTION 13-5, TITLED "DEFINITIONS" AND SECTION 13-8, TITLED "DEFERRAL OF IMPACT FEES FOR AFFORDABLE HOUSING AND WORKFORCE HOUSING; WAIVERS OF CONTRIBUTIONS INTO THE AFFORDABLE HOUSING TRUST FUND," TO CLARIFY APPLICABILITY OF THE DEFERRAL AND REFUND OF IMPACT FEES FOR WORKFORCE AND AFFORDABLE HOUSING DWELLING UNITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, Chapter 13, Article I of the Code of the City of Miami, Florida, as amended ("City Code"), provides for the deferral of City of Miami ("City") impact fees for affordable and workforce housing dwelling units that would otherwise be due to the City; and WHEREAS, the City desires to clarify that affordable and workforce housing dwelling units within the City's municipal boundaries are eligible to participate in the City's affordable and workforce housing deferral of impact fees program as outlined in Chapter 13, Article I of the City Code, regardless of whether the City issues the building permit or another government agency or entity issues the building permit; and WHEREAS, the City Commission has determined that it is advisable and in the public interest of the City and its residents to amend Chapter 13, Article I of the City Code as provided herein; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 13, Article I of the City Code, titled "Development Impact and other Related Fees," is amended in the following particulars:1 "CHAPTER 13 DEVELOPMENT IMPACT AND OTHER RELATED FEES 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 Page 1 of 3 File ID: 18318 (Revision:) Printed On: 12/18/2025 File ID: 18318 Enactment Number: 14415 ARTICLE I. IN GENERAL Sec. 13-5. - Definitions. As used in this article, the following words and terms shall have the following meanings, unless another meaning is plainly intended: 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, or as described in 13-8.1 for affordable and workforce housing projects, a permit by any government agency or entity and not limited to a permit by the City of Miami. Sec. 13-8. - Deferral of impact fees for affordable housing and workforce housing; waivers of contributions into the Affordable Housing Trust Fund. 13-8.1 Deferral of impact fees for affordable housing. a) In order to encourage the provision and retention of affordable housing and workforce housing for owner -occupancy and for rental, the city commission hereby establishes a program for the deferral of impact fees due on affordable housing and workforce housing dwelling units developed within the city. The city may require, under the program, annual reporting and any other requirements deemed necessary or appropriate for participation in the affordable housing and workforce housing impact fee deferral program. An applicant shall submit a petition for affordable housing and workforce housing deferral program determination under section 13-16 for a determination of eligibility under this program prior to or in conjunction with the submittal of an application for a building permit. If the petition for affordable housing and workforce housing deferral program determination is submitted incomplete and/or too close in time to allow determination prior to issuance of the building permit, then the total impact fees due shall be paid prior to issuance of the building permit, and a petition for refund under subsection 13-16(d) may be submitted if the development is approved for the deferral program. b) Affordable housing or workforce housing impact fee deferral shall apply only to the dwelling units that qualify as affordable housing or workforce housing. Impact fees due on all portions of the development that do not qualify for deferral shall be paid in full prior to issuance of a building permit. A covenant running with the land or a deed restriction, shall be recorded on each dwelling unit by the applicant, or by the current property owner if the applicant is not the owner, which confirms to the supplies of the resolution establishing the affordable housing and workforce housing impact fee City of Miami Page 2 of 3 File ID: 18318 (Revision:) Printed on: 12/18/2025 File ID: 18318 Enactment Number: 14415 deferral program. The city may use all available legal mechanisms for collection of the impact fees due. The covenant or deed restriction language and form shall be acceptable to the office of the city attorney, which office may provide standardized forms for use in the affordable housing and workforce housing deferral program. Notwithstanding any other provision in this Code to the contrary, the deferral and refund of impact fees for affordable housing and workforce housing described in this Article shall apply to affordable and workforce housing dwelling units that submit for a building permit to the City or any other government agency or entity provided that the development complies with all other requirements provided in this Article, including but not limited to the recorded covenant running with the land in a form acceptable to the City Attorney. *„ 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 ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ge = . Wyy, ng IIG, City ttor' -y 10/14/2025 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 Miami Page 3 of 3 File ID: 18318 (Revision:) Printed on: 12/18/2025