HomeMy WebLinkAboutAgenda Item Summary Form;k%}'�° 1,f AGENDA ITEM SUMMARY FORM
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` File ID: #2566
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Date: 06/29/2017 Requesting Department: Department of
Planning and Zoning
Commission Meeting Date: 11/16/2017 District Impacted: All
Type: Ordinance
Subject: Amend Code - Zoning Certificate of Use Extension
PURPOSE OF ITEM:
To amend Chapter 2, Article IV, Division 2, Section 207 of the Code of the City of
Miami, Florida, as amended, entitled "Zoning certificate of use required; annual
reinspection of buildings and premises; fees for inspections and issuance of
certificates", more particularly by amending Section 2-207(b)(1) to extend the expiration
time of applications for Certificates of Use from thirty (30) to ninety (90) working days.
BACKGROUND INFORMATION:
On July 13, 1989, the City of Miami Commission adopted Ordinance No. 10607 which
set forth a thirty (30) working day expiration date for Certificates of Use applications.
The purpose of this ordinance is to extend the expiration time of applications for
certificates of use from thirty (30) working days to ninety (90) working days. This will
allow the applicants to obtain proper inspections in a timely manner without requiring to
restart the process when an application exceeds thirty (30) working days.
Budget Impact Analysis
Item is an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Reviewed By
City Commission
Nicole Ewan
Department of Planning
Luciana Gonzalez
Office of Management and Budget
Fred Pericles
Office of Management and Budget
Christopher M Rose
City Manager's Office
Nzeribe Ihekwaba
City Manager's Office
Daniel J. Alfonso
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria Mendez
City Commission
Nicole Ewan
City Commission
Joyce Jones
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Meeting
Completed
07/27/2017 9:00 AM
Department Head Review
Completed
09/25/2017 10:38 AM
Budget Analyst Review
Completed
09/27/2017 12:32 PM
Budget Review
Completed
09/27/2017 12:45 PM
Assistant City Manager Review
Completed
09/27/2017 5:32 PM
City Manager Review
Completed
09/27/2017 10:36 PM
Legislative Division Review
Completed
09/28/2017 8:22 PM
Deputy Attorney Review
Completed
09/28/2017 8:32 PM
Approved Form and Correctness
Completed
10/02/2017 8:01 PM
Meeting
Completed
10/12/2017 9:00 AM
Meeting
Completed
11/16/2017 9:00 AM
Signed by the Mayor
Completed
11/27/2017 4:46 PM
Signed and Attested by the City Clerk
Completed
11/27/2017 7:38 PM
Rendered
Completed
11/27/2017 7:38 PM
City of Miami File ID: 2566 (Revision:) Printed On: 2/14/2018
City of Miami City Hall
3500 Pan American Drive
Legislation
Miami, FL 33133
~}'f Ordinance:13711 www.miamigov.com
File Number: 2566
Final Action Date:11/16/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2,
ARTICLE IV, DIVISION 2, SECTION 2-207 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING,
BUILDING AND ZONING DEPARTMENT/ZONING CERTIFICATE OF USE REQUIRED;
ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS
AND ISSUANCE OF CERTIFICATES," MORE PARTICULARLY BY AMENDING SECTION
2-207(B)(1) TO EXTEND THE EXPIRATION TIME OF APPLICATIONS FOR
CERTIFICATES OF USE FROM THIRTY (30) TO NINETY (90) WORKING DAYS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the current Code of the City of Miami, as amended ("City Code"), allows
City of Miami ("City") Departments thirty (30) working days to complete inspections for
businesses who have applied for Certificates of Use ("CU"); and
WHEREAS, CU inspections require the involvement of the Fire -Rescue Department,
the Code Compliance Department, and the Building Department as well the Miami -Dade
County Department of Environmental Resources Management ("DERM") and the State of
Florida Health/Hotel and Restaurant Department (collectively, "Departments"); and
WHEREAS, the Departments must address regulatory, life, and safety matters prior to
their approvals; and
WHEREAS, CU applicants are required to re -apply for a CU if the inspections are not
completed within thirty (30) days and some of the inspections take longer than thirty (30)
days, requiring CU applicants to continuously re -apply for a CU causing delays in CU
permitting and creating unnecessary administrative steps for processing; and
WHEREAS, providing an extension of the time to complete the CU inspections from
thirty (30) to ninety (90) days will improve efficiency and make the process less burdensome
for applicants; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its citizens to amend the
City Code as hereinafter set forth;
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 fully set forth in this Section.
City of Miami File ID: 2566 (Revision:) Printed On: 2/14/2018
Section 2. Chapter 2, Article IV, Division 2, Section 2-207 of the City Code is hereby
amended in the following the particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE IV - DEPARTMENTS
Sec. 2-207. Zoning certificate of use required; annual reinspection of buildings and premises;
fees for inspections and issuance of certificates.
(b) Certificates of use for new buildings and premises and for change of use.
(1) No new buildings or premises or part thereof and no existing building or premises
when there has been a change of use in said building or premises, except one- and
two-family residences, shall be occupied until a zoning certificate of use shall have
been issued by the zoning office. Certificates of use shall not be issued until the
premises have been inspected and found to comply with all code requirements of
the zoning office, fire -rescue department and such other agencies as may have
jurisdiction. All applications for certificates of use shall expireninety (90)
working days from the date of application if approval is not received for issuance of
a certificate, unless the space is under construction with a valid building permit and
approvals cannot be made until work is completed.
*„
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 upon final reading and
adoption thereof.2
' 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)
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 File ID: 2566 (Revision:) Printed On: 2/14/2018
APPROVED AS TO FORM AND CORRECTNESS:
ria ' ndez, ity ttor ey 10/2/2017
City of Miami File ID: 2566 (Revision:) Printed On: 2/14/2018